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RACETRAC PETROLEUM, INC v ACE AMERICAN INSURANCE COMPANY Exhibits Policies2

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

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Case 1:10-cv-02162-WSD Document 1-2
Filed 07/13/10 Page 1 of 52
ACE INA Privacy Statement
The ACE INA group of companies st ngly bel ieves in maintaining the privacy of information we collect about individuals . We want you to understand how and why we use and d isclose the collected information . The following provides details of our pract ices and procedures for protecting the security of nonp ubl ic personal information that we have collected about individuals . This privacy statement applies to pol icies underwritten by the ACE INA group member companies listed below . INFORMATION WE COLLECT The information we collect will vary depending on the type of product or service individuals seek or purchase, and may include : • • Information we receive from individuals, such as the ir name , address, age , phone number , social security number , assets , income, or beneficiaries ; Information about individuals' transactions with us, with our affiliates, or with others, such as policy coverage, premium, payment history, motor vehicle records ; and Information we receive from a consumer reporting agency, such as a credit history .
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INFONATION WE DISCLOSE
We do not disclose any personal informat ion to anyone except as is necessary i n order to provide our products or services to a person , or otherwise as we are required or permitted by law. We may disclose any of the information that we collect to compan ies that perform marketing services on our behalf or to other fi n ancial institutions with whom we have joint marketing agreements. THE RIGHT TO VERIFY TH UCCURACY OF INFORMATION WE COLLECT Keeping information accurate and up to date is important to us . Individuals may see and correct their personal information that we collect except for information relating to a claim or a criminal or civil proceeding . CONFIDENTIALITY AND SECURITY We restrict access to personal information to our employees, our affiliates ' employees, or others who need to know that information to serv ice the account or in the course of conducting our normal business operat ions . We m aintain physical, electronic , and procedural safeguards to protect personal information .
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PI-19668 (02/06
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1
of
2
Case 1:10-cv-02162-WSD Document 1-2
Filed 07/13/10 Page 2 of 52
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I# you have any questions about this rivacy statement or would like to learn more about how we protect privacy, please write to u at ACE INA Customer Services, P.O. Box 1000, 436 Walnut Street, WA04F, Philadelphia PA 19106 . Please include the policy number on any correspondence with us . ACE American Insurance Company ACE Ameri can Lloyds Insurance Company ACE Fire Underwriters Insurance Cormpany ACE Indemnity Insurance Company ACE Insurance Company of Illinois ACE Insurance Company of Oh io ACE Insurance Company of the Midwest ACE Property and Casualty lnsuranc~ Company Atlantic Employers Insurance Company Bankers Standard Fire and Marine Company Bankers Standard Insurance Company Century Indemnity Company Illinois Union Insurance Company Indemnity Insurance Company of North America Insurance Company of North America Pacific Employers Insurance Company Westchester Fire Insurance Company Westchester Surplus Lines Insurance (Company ESIS, Inc.
PI - 1 9668 (02!06)
Page 2 of 2
Case 1:10-cv-02162-WSD Document 1-2
Filed 07/13/10 Page 3 of 52
ACS USA ACE American Insurance Company . 435 - YYai nuY Stree t P . 0 . Box 1000 Philadelphia ; PA 191063 7 03 (a s tock insurance com pany)
Excess: C omm, ercia Ge n era-fti a bil fty Pofic.
Pt~~ICY ~D;EI~iT~FIGA,T1~°I~. ~CSL , [2173z85.o . . G-
IWE INSURED
Ra a e trac Petroleum , Inc . 3225 Cumbe rland B lv d . Suite 100 A t l anta, GA 30 33 9
POLICY IS: Renewal
OF
XSL G2059385 4 other :
NAMED INSURED I S: Corporati on BUSINESS OF INSURED :
Convenience St ores
POLICY PERIOD : FR OM os: /ol/zo 06 TO os}oxF2od 7 12 :01 A,M~ S TAND ARD: TIME AT YOUR MAILING ;ADDRESS SHOWN ABOVE ,.
;. .
PREM1UItZ
AUDIT
z v
, ...
PERIOD:
Annual
PAYMENT FREQUENCY:
Quarterly.
PAYMENT SCHEDULE : oslo 1 /2005
09/01/2006 12/01/2006 03/01/2007
REDACTED
TOTAL ADVANCE PREMIUM
Estimated $_
Subject to a M inimum Premi um of $
REDACTE D
x Rate. Per x
',
Gallons
1,000 = $
=Total AdvancePremium
In the event you cancel, we shat l recei ve and re in not less th a n' . 1 ,'pwntersigned : ~ . L - <)(0 By' i
(Date)
XS-6U88c (12102)
Page 1 of 2
Case 1:10-cv-02162-WSD Document 1-2
DEC LARATIONS - EXCESS G E N E RAL LIABILI POLICY -- Page 2
Filed 07/13/10 Page 4 of 52
~L G2 17 32 850
POLI CY IDENTIFICATION
ITS OF INSURANCE
In return for the payment of premium indicated on~Page 1 of the declarations, we agree with you to provide insurance at the limits shown, subject to all of the terms and condi ons of this policy .
GENERAL AGGREGATE LIMIT PRODUCTSiCOM P IETED OPERATIONS AGG R EGATE LIMIT EACH OCCURRENCE LIMIT PERSONAL AND ADVERTISING INJURY LIMIT DAMAGE TO PREMISES RENTED TO YOU LIMIT
$ $
4,500,000 4,500,000
$ 500,000 $ $ 500,000 50,000
RETAINED LIMIT
EACH OCCURRENCE PERSONAL AND ADVERTISING INJURY
$ $ 500,000 500,000
7
FORMS AND ~NDORSEMEIdTS (page 1 of 2 )
FORMS AND ENDORSEMENTS ATTACHED TC) ITHIS POLICY AT INCEPTION :
O F COVERAGE PARTS IL00 1 7 1 198 Common Policy Conditions XS6U91c Excess Commercial General L i ab i lity Policy ALL5X45 Question~s About Your Insurance? - FL, IL, MO, TN AI.L4Y30A Informati on and Complaints (TX) DCEi9368f idotifica~ti on To Texas Policyholders SCHEDULiOF ENDORSEMENTS
Th i s declaration and the coverage form(s) and ekndorsemenfs, if any , listed above and attached, completes the above numbered policy . During the last three years no insurer has canc 4 lled insurance issued to the named insured sim ilar to this insu rance, unless otherwise stated in this policy .
r 1.
2 of 2
Case 1:10-cv-02162-WSD Document 1-2
Filed 07/13/10 Page 5 of 52
SCHEDULE 4)F FORMS AND ENDORSEMENTS
Nam ed Insured Pol icy Symbol XSL
Racetrac Petroleum, 1 0 . Pol i cy N umber 621 73 2850 Poli cy Period 06/0
Endorsement
Number (Pages 2 of 2 ) Effective D ate of Endorsement 0 6/ 01 /2 00 6
/2 0 06
to
0 6/ 41 /2 4137
Issued By (Name of Insurance Comp any) ACE American Insurance Company Insert the policy number. The remainder of the information is to wmpfeled only when this endorsement is issued subsequent to the preparation of the policy .
Endt .
No .
Form No .
D escription
1. 2. 3. 4. 5. 6. 7. B. 9. 101112 . 13 . 14 . 15 . 16 . 17 . 18 . 1920 .
CC 1E 15 CC1 E 15 CC1 E 15 XS6'W30 XS 6W3 1 a XS 1 477703 XS 6W24A XS 6 0 9225a XS18227 XS6W35 XS1 8 22 4 X5 54734 Li36X2 7 AI.I,iBa 57 3 0 TRIA l l a XS15777 LD2S57b LD2S58c LD2S55c LD2S89a
Schedule of Named Insureds Cancellation By Us Amendment Of Cancellation Provisions - Not i ce To Additional Intere t(s) Additional Insured - Managers or Lessors of Premises Additional Insured - Vendors Cap on Losses from Certif ied Acts of Terrorism Employ~e Benefits Liability Coverage Loss A4justment Expense Within Limits MTBE E * clus ion Pollution Exclus i on - Hostile Fire Exception S i l i ca ! or Silica-Related Dust Exclus i on Waiver ~i of Transfer of Ri ghts of Recovery Against Others To Us Amendment of L iquor Li ability Exclusion Not3figation of Premium Adj ustment Policy ].der D i sclosure Notice Of Terrorism Insurance Covera War Li ility Exclusion Flori Georgi Changes - Cancellation and Nonrenewal Changes - Cancellation and Nonrenewal
Louisi ana Changes - Cancellation and Nonrenewal Texas - I Cancellation and Nonrenewal Provisions
CC- I E I S Ptd . In U .S.A .
Case 1:10-cv-02162-WSD Document 1-2
Filed 07/13/10 Page 6 of 52
POLICY NU M BER : XSL G2'173285Q IL 0017 11 98
COMMON POLICY CONDITIONS
All Coverage Parts included in this policy aro subject to the following conditions . A . Cancellation 1 . The first Named ]ne ared shaw l in the Declarations may cancel this policy b y mailing or delivering to us advance written! notice of cancellation . 2. We may cancel this policy by Mailing or deliveri ng to the fir s t Named Insured written noti ce of cancel lation at lea s t : a . 10 days before the effective . date of cancellation if we cancel for nonpayment of premium ; or b. 30 days before the effective , date of cancellation if we cancel for any other reason . 3 . We will ma il or deliver our notice tp the first Named lnsused's last ma iling address kn ovsrn to us. 4. Noti ce of cancellation will state the effective date of cancellat i on _ The policy period will end on that date . S. If this policy is cancelled , we will send the first Named Insured any premium refund ue _ If we cancel , the refund will be pro rata. # the first Named inured cancels , the refun may be less than pro rata . The cancellation will be effective even if we have not made ot offered a refund . 6. If notice i s ma i led , proof of mailing will be sufficient proof of nofice _ B . Changes Thi s poli c y contains all the agreements between you and us concerning the insurance! afforded . The first Named Insured shown in the D ciaratians is authorized to make changes in the ter s of this pol i cy with our consent . Thi s policy' s to s can be amended or waived o nly by endarserr*nt issued by u s and ma d e a part of this policy. C . Exam i nation Of Your Books And Recakds We may examine and audit your bo oks and r ecords a s th ey relate to th is policy a# a ny time during the policy period and up to th ree years afterward . D . Inspections And Surveys 1 . We have the r ight to: a. Make i nspection s and surveys at airy time-, b . Give you reports on the conditions we find ; and c . Reco mmend c hange s . 2 . We are not obligated to make any inspections, surveys, reports or recommendations and any such acti ons we do undertake relate only to insurability and the premiums to be charged . We do not make safety inspections . We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the pub iic _ And we do not warrant that conditions : a . Are safe or healthful ; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1 . and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations . 4. Paragraph 2 . of this condition does not apply to any inspections, surveys, reports or recommendations we may make relative to certification, under state or municipal statutes, ordinances or regulations, of boilers, pressure vessels or elevators . E. Pre miums The first Named Insured shown in the Declarations: 1 . Is responsible for the payment of all premiums ; and 2 . Will be the payee for any return premiums we pay. F . Transfer O( Your Ri ghts And Duties Und er Th is Policy Your rights and d uties unde r this policy may not be transferred without our written consent except in the case of death of an individua l named insure d. if you die, your rights and duties will be transferred to your legal representative but only wh ile acting within the scope of duties as your legal representative . Until your legal representati ve i s appo inted , anyone ha vi ng proper temporary custody of your property will have your rights and du fl es but only wit h respect to that property .
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IL 0017 1198
Copyright,lnsurance Services Office, Inc ., 1998
P ang ! of 1
n
POLICY NUMBER : XSL 621732850
Case 1:10-cv-02162-WSD Document 1-2
Filed 07/13/10 Page 7 of 52
Excess Commercial General Liability Policy
ace usa
Various provisions in this policy restrict w hat is and i s not covered
Read the entire policy carefully to determine rights, duties and
Throughout this policy the words "you" and "your" refer to the Named insured shown in the Declarations, and any other person or organization qualifying as a Famed insured under this policy . The words "we", "us" and "our" refer to the company providing this insurance . The word "insured" means any person or organization qualifying as such under SECTION 11 . WHO IS AN INSURED Other words and phrases that appear in quotation marks have special meaning . Refer to SECTION V. DEFINITION SECTION I - C OVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY
Insuring Agreement . a. We will pay the insured for the "uItirr~ate net loss" in excess of the "retained limit' 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 a plies : No other obligation or liability to pay sums or perform acts or services is covered unless explici y provided for under DEFENSE, INVESTIGATION, SETTLEMENT, LEGAL EXPENSES, AND INTERE TON JUDGMENTS . But the amount we will pay for the "ultimate net loss" because of damages is limited ~s described in LIMITS OF INSURANCE (SECTION ifs) .
b . This insurance applies to "bodily inju~y" and "property damage' only if: (1) The "bodilyy injury" or "property dpmage" is caused b y an "occurrence" that takes place in the "coverage territory,", (2) The "bodily injury" of "property damage" accurs during the policy period ; and (3) Prior to the policy period, no ins red listed under Paragraph 1 . of Section 11- Who Is An Insured and no "employee' authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury' or "property damage" #,a occurred, in whole or in part . If such a listed insured or authorized "emplvyeen knew, prior to the p icy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or res mption of such "bodily injury" or "property damage" during or after the policy period will be deemed to hove been known prior to the policy period .
c.
"Bodily injury" or "property dama~e" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1 . of Section II - Who Is An insured or any 'employee" authorized by you to give or receive notice of an 'occurrence' or claim, includes any continuation, chang~ or resumption of that "bodily injury' or "property damage" after the end of the policy period . time when any insured listed under Paragraph 1 . of Section 1 1 - Who Is An I nsured 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 verbal demand or claim for damages because of the "bodily injury" or "property damage" ; or (3) Becomes aware by any other means that bodily injury" or 'property damage" has occurred or has begun to occur .
d. "Bodily injury" or "property dams e" will be deemed to have been known to have occurred at the earliest
XS-6U91c (07/02)
Reprinted in part with permission of Insurance Services Office, Inc ., 1998
Page 9 of 17
Case 1:10-cv-02162-WSD Document 1-2
Filed 07/13/10 Page 8 of 52
e. Damages because of "bodily inju" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury" . 2. Exclus i ons _ This insurance does not apply to : a. Expected or intended injury ~
"Bodily injury" or "property damage" expected or intended from the standpoint of the insured . This exclusion does not apply to "bodily injury" resu ting from the use of reasonable force to protect persons or property . b . Contractual Liabili ty . "Bodily injury" or "property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract r agreement . This exclusion does not apply to liability for damages(1) That the insured would have in toe absence of the contract or agreement ; or (2) Assumed in a contract or agreement that is an "insured contract" provided the "bodily injury" or "property damage" occurs subsequent to ' khe 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 an 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 part y against a civil or alternative dispute resolution proceedin in which damages to wh ich this insurance applies are alleged . c . Liquor Liability. °Bodily injury" or "property damage" for which any insured may be held liable by reason of (1) Causing or contributing to the intoxication of any person ; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under t he influence of alcohol ; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages . This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages . d. Workers Compensation and Si m ilar Laws . An y obligation of the insured finder a workers compensation, disability benefits or unemployment compensation law or any similar haw . e. Employers Liability . "Bodily injury" to (1) An "employee" of the insured aris i ng out of and in the course of (a) Employment by the fisurled; or (b) Performing duties related to the conduct of the insured's business ; (2) The spouse , chi ld , parent , brother or sister of that " employee" as a consequence of (1) above. This exclusion applies: (1) Whether the i nsured may be ~Ii able 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 . U
XS-6U91c (07/02)
Reprinted in part with permission of Insurance Services Office, inc., 1998 Page 2 of 17
Case 1:10-cv-02162-WSD Document 1-2
Filed 07/13/10 Page 9 of 52
This exclusion does not apply #o liability assumed by the insured under an "insured contract" .
f. Pollution .
Any injury, damage, expense, "pollution", however caused . g. Aircraft , Auto or Watercraft . "Bodily injury" or "property da age" 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 or unloading" . This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injur~" or 'property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured . This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent ; (2) A watercraft you do not ownl that is' (a) Less than 51 feet long ; $nd (b) Not being used to carry persons or property for a charge ; (3) Parki ng an "auto" on, or on ': the ways next to, prem i ses you own or rent, prov i ded the "auto" is not owned by or rented or loaned to you or the insured ; (4) Liability assumed under anj "insured contract' for the ownership, maintenance or use of aircraft or watercraft; or (5 ) "Bodily injury" or "property klamage" arising out of the operation of any of the equipment listed in paragraph f.(2) or f.(3 ) of the definition of "mobile equipment" . h. Mob i l e Equipment . . loss, liability or legal obligation arising out of or in any way related to
"Bodily injury" or "property dam*" arising out of : 11) 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 eguipme~Y' in, or while in practice for, or while being prepared for, a prearranged racing, speed or demolition contest or in any stunting activity . i. 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, isurrection, rebellion or revolution . This exclusion applies only to liability assumed under a con t ract or ag emenL
j. Damage to Property . "Property damage" to :
(1)
Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property,
(2) Premises you sell, give awa~ or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you ; (4) Personal property in the card, custody or control of the insured ;
XS-6U91 c (07/02) Reprinted in part wig +i permission of Insurance Services Office , I n c., 1998 Page 3 of 17
Case 1:10-cv-02162-WSD Document 1-2
( 5 ) That particular part of real directly or indirectly on your those operations ; or (6) That particular part of an y pop was incorrectly performed o it .
Filed 07/13/10 Page 10 of 52
ty on which you or any contractors or subcontractors working are performing operations, if the "property damage" arises out of that must be restored, repaired or replaced because "your woriC~)
Paragraphs (1), (3) and (4) of 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 it o# insurance applies to Damage To Premises Rented To You as described in Section III -LIMITS F INSURANCE Paragraph ( 2 ) of this exclusion does not apply if the premises are " your work" and were never occupied , rented or held for rental by you . paragraphs (3) , (4), 1 3) and (6 ) of this exclusion do not apply to liab ility assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not appty to "property damage " included i n the "products-complet ed operations hazard" . k. Damag e to Your Product "Property damage" to "your product" arising out of it or any part of it . 1. Damage to Your Work . "Property damage" to "your work" arising out of it 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 injured, arising out af- . .(1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work" ; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms . This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "yo u r work" after it has been p ut to its intended use . n. Recall of Products, Work or lnipaired Property . Damages claimed for any loss, cost or expense inc u rred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacernent, adjustment, removal or disposal of (1 ) "Your product"; (2) "Your work"; or (3) "Impaired property" ; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o . Personal And Advertising Injury "Bodily injury" arising out of " personal and advertising inj ury '. p. Asbestos . Any loss, demand , claim or "suit,`' arising out of or related in any way to asbestos or asbestos-confiaini ng materials . `_JJ
XS-6U99c (07/02) Reprinted-in part with permission of Insurance Services Offi ce , Inc ., 1998 Page 4 of 17
Case 1:10-cv-02162-WSD Document 1-2
q. Lead . Any injury, damage , expense , of or in any way related to substances. r. E mploym ent Related Pra "Bodily i njury," to : (1) A person arising out of any : (a) Refusal to employ that I ( b ) Termination of that person's employment-, or
Filed 07/13/10 Page 11 of 52
loss, liability or legal obligation arising out of or allegedly arising out toxic properties of lead or lead-containing products, materials or
(c) Employment-related practices, polici es , acts or omissions , such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination d i rected at that person ; or (2) The s pou se, child, parent, brother or sister of that person as a consequence of "bodily i nj ury" to that person at whom any of the l employment-related practices described in paragraphs (a), (b) or (c) above i s directed . 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 daIrriages with or repay someone else who must pay damages because of the injury . s. Nuclear Energy . "Bodily injury" or "property damage": (1) With respect to which an insqred under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear insUra ce Association of Canada, or any of their successors, or would be an insured under any such po1icbut for its termination upon exhaustion of its limit of liability ; or ( 2) Resulting from the "hazafdou$ properties" of "nuclear material" and with respect to wh ich : (a) any person or vrganizati bn is required to maintain fi nancia l protection pursuant to the Atom i c Energy Act of 195 4 , or any law amendatory thereof-, or (b) the insured is, or h ad this policy not been i ssued would be, ent itled to i ndemnity from the United States of America, or arty agency thereof, under any agreement entered into by the United States of America , or any l agency thereof, with any person or organization . ( 3) Resulting from the "hazardou$ properties" of "nuclear material", it (a) The "nucieaf material" (1 is at any "nuclear facility" owned by, operated by or on behalf of, an insured, or (2) has been ischarged or dispersed therefrom ; (b) The "nuclear material" is contained in spent fuel or waste at any time disposed, handled, used, processed, stored, transported or disposed of, by or on behalf of an insured ; or (c) The "bodily injury" or "pr. ~erty damage" arises out of the furnishing by an insured of services, materials, parts or equi ment ire connection with the planning, construction, maintenance, operation or use of any " uclear facility", but if such facility is located within the United States of America, its territories or possessions, this exclusion (3)(c) applies only to "property damage" #o such "nuclear facility" and any property thereat . (4) As used in this exclusion: (a) "Hazardous propert ies" -. ~ (b) "Nuclear material" means de radioactive, toxic, or explosive properties ; material", "special nuclear material", or "by-product material" ;
(c) "Source material ", "specia~ nucle a r material, and "by-product material " have the meanings gi ven them i n the Atomic Enesg Act of 1954 or in any law amendatory thereof;
XS-6U91c (07102) Reprinted i n part with permission of Insurance Services Office , Inc., 1998 Page 5 of 17
Case 1:10-cv-02162-WSD Document 1-2
Filed 07/13/10 Page 12 of 52
(d) "Spent fuss" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in °n~c#ear reactor" ; (e) 'Waste" means any wa #e material (1) containing "by-product material" other than the tailings or wastes produced by t e extraction or concentration of uranium or thorium from any or( fl primarily for ' "source material" content, and (2) resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear faci ty ; (f) "Nuclear facility" (1) Any "nuclear (2) Any equ i pment or device designed or used for (a) separating the isotopes of uran i um or plutonium, (b) processing or utilizing "spent fuel" , or (c) handling, processing or packag i ng "w aste" ; (3) Any equ ipment or device used for the process ing, fabricating or a lloyin g 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 equ i pment or device is located consists of or contains more than 25 grams of plutoni um pr uranium 233 or any combination thereof , or more than 250 grams of uraniu m 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 fof such operations . (g) " N uclear reactor" mean any apparatus designed or used to sustain nuclear fission in a selfsupporting chain reactio or to contain a critical mass of fissionable material-, (h) "Property damage" includes 21# forms .of radioactive contamination of property . Exclusions c . through n . do not ap ly to damage by fire to premises w hile rented to you or temporarily occ upied by you with permission o the owner . A separate limit of insurance applies to th is coverage a described in SECTION III . LIMITS O INSURANCE ~- " COVERAGE B . PERSONAL AND ADVE RTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay the i nsu red for I Declarations that the insured k advertisi ng injury' to which this acts or services i s covered SETTLEMENT ; LEGAL EXPEt the "ultimate net loss" becau INSURANCE _ "ultimate net loss" in excess of the "retained limit' shown in the )rnes legally obligated to pay as damages because of "personal and urance applies, No other obligation or liability to pay sums or perform less explicitly provided for under DEFENSE, INVESTIGATION, S AND INTEREST ON JUDGMENTS_ But the amount we will pay for of damages is limited as described in SECTION III LIMITS OF
b. This insurance applies to "pe4nal and advertising injury" caused by an offense arising out of your business but only if the o#Fense,0as committed in the "coverage territory" during the policy period . 2. Exclusi ons . This insurance does not apply to:
a_ Kn ow ing Violation Of Rights Q~ 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 an ~ther and would inflict "personal and advertising injury" . b. Material Published With Know*dge Of Falsity "Rersonal and advertising injury' arising out of oral or written . publication of material, if done by or at the direction of the insured with kno edge of its falsity . i
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c . Materi al Published Prior To "Personal and advertising injur publication took place before the d . Criminal Acts "personal and advertising inj insured . e. Contractual Liability Period
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arising out of oral or written publication of material whose first ginning of the policy period .
arising out of a criminal act committed by or at the direction of the
"Personal and advertis i ng i nj ury " or which the i nsured has assumed liabil i ty in a contract or agreement . This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement . f. Breach Of Contract 'Personal and advertising injury " arising out of a breach of contract , except an implied contract to use another 's advertising idea in your i"advertisemenr . g . Quality Or Performance Of Goods - Failure To Conform To Statement s "Personal and advertisi ng injury" arising out of the failure of goods , products or services to conform with any statement of quality or perfot rt r~ance made in your "advertisement . h . W ro ng D escri pt ion O f P rices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services stated in your 'advertisement" . i . Infringem e nt Of Copyright, Patent, Trademark Or Trade Se cret 'Personal and adverti sing injury" ' arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual prop" rights . However, this exclusion does not ~ ap ply to i nfringement, in your "advertisement", of copyri ght, trade dress or slogan_ j. Insureds In Media And Internet Type Business "Personal and advertising injury' gommitted by an insured whose business is : (1) Advertising, broadcasting, publishing or telecasting ; (Z) Designing or determining condent of web-sites for others ; and (3) An Internet search, access, content or service provider . However, this exclusion does Inot apply to- Paragraphs 14a ., b ., and c . of "personal and advertising injury" under the Definitions Section . For the purposes of this exclusion, the placing of frames, borders or inks, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecas#ing_ k . Electronic Chatrooms Or Buileon Boards "Personal and advertising injury" prising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control . 1 . Unau thorize d Use Of Anothe r's Name O r Produ ct "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name at metatag, or any other similar tactics to mislead another's potential customers .
m. Pollution
"Persona l and advertising inj ury ° ipri s ing out of any inj ury, damage , expense , cost, loss , l iability or legal obl i gation arising out of or in any *ay related to "pollution", however caused ; i
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n . Asbestos
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"Personal and advertising injury' rising out of any loss, demand, claim, or "suit" arising out of or re3ated in any way to asbestos or asbest s-con taining materials ; or o . Employme nt-Re lat ed "personal and advertising injury" o a person arising out o f any : 'j
(a)
( i ) Refusal to employ that erson ; (ii) Termination of that her n's employment-, or (iii) Employment-related p€ ~actices, policies, acts or omissions, such as coerc i on , demotion, evaluati on , reassign mont, discipline, defamation, harassment, humiliation of discrimination directed at that person ; or (b) To the spouse , child, pare nk , brother or sister of that person as a consequence of "personal inj ury" to that person at whom a nyl, of the employment related practi ces described i n paragraphs (i), (ii) or (iii) above is directed . This exclusion applies: (a) Whether the insured may be liable as an employer or in any other capacity-, and (b) To any obligation to share damages with or repay someone else who must pay damages because of the injury . DEFENSE, INVESTIGATION, SETTLEMENT, LEGAL EXPENSES, AND INTEREST ON JUDGMENTS 1 . Defense, Investigation, Ssttlernent, Legal Expenses, and Prejudgment Interest This insurance does not apply to defense, investigation, settlement or legal expenses, or prejudgment interest arising out of any "occur~ence° or offense, but we shall have the right and opportunity to assume from the insured the defense a control of any claim or "suit", including any appeal from a judgme~ seeking payment of damages c vered under this policy that we believe likely to exceed the "retaine limit" . In such event we and the sured shall cooperate fully . 2. Intere s t o n Judgments We shall pay interest only on that amount of any judgment we pay that accrues after entry of the judgment and before we have po id , offered to pay, or deposited in court that part of the j udgment that is within the applicable l i mit of insutan ce shown i n the Declarations . SECTION 11-WHO IS AN INSURED 1. If you are designated in the Declpratians as : a. An i ndivi dual, you and your ~pouse are insureds, but only with respect to the conduct of a business of which you are the sole owher . b. A partnersh i p or joint yen#ur~, you are an insured . ~(flur members, your partners, and their spoeases are also insureds, bit or~1 ,~th respect to the conduct of your business . only c . A lim i ted l iability company, I, you are an insured . Your members are also i nsureds, but only with respect to the conduct of y our busi ness. Your managers are i nsure ds, but only with respect to their duties as your ma n agers _ d . An organization other than ' partnersh ip or joint venture or li mited liability company, you are an insured . Your "executive a ere" and directors are insureds, but only with respect to their duties as your officers or d i rectors. Your stockholders are also insureds, but only w M respect to their liability as stockholders . I e . A trust, you are an insured . Your trustees are also insured, but only with respect to their duties a ~ trustees .
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2 . Each of the following is also an
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a. Your "employees", other th n either your "executi ve officers", (if you are an organization other than a partn e rship , joint venture a limited liabil i ty company) or your managers (if you are a limited l iab i lity company) , but only for act w i th i n the scope of their employment by you or while performing duties related to the conduct of ya r bus i ness . However , none of these "employees," is an i nsured fo r. ( 1 ) "Bodily injury" or "personal and advertising injury" : (a) To you, to your p rtners or members (if you are a partnership or joint venture), to your members (if you i re a limited liability company), or to a co "empioyee' while that co"empioyee" is eithe in the course of his or her employment or performing duties related to the conduct of your business : (b) To the spouse, child, parent, brother or sister of that co uemployee" 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 becafUse of the injury described in paragraphs (1) (a) 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 being exercised for any psprposs by you, any of your "employees" any partner or member (If you are a partnership or joint venture), or any member (if you are a limited liability company)_ b . Any person (other than your "employee"), or 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 : J 1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed . d . Your legal representative if you die, but only with respect to duties as such . That representative will have atl your rights and duties under this Policy . 3 . With respect to "mobile equipr~enY' registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission . Any other person or organization re onsible for the conduct of such person is also an insured, but only with respect to liability arising out of t ie operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability . However, no person or organization is an insured with respect to : a. "Bodily injury" to a co-"empicgyee" 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 ~3 uire or form, other than a partnership, joint venture or limited liability company, and over which you rr~aintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurant{e available to that organization . However: a . Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, b . Coverage A does not apply tb "bodily injury" or "property damage" that occurred before you acquired or formed the organization ; end c . Coverage B does not appl to "personal injury" or "advertising injury" arising out of an offense committed before you acquired or formed the organization. No person or organization is an ins ed with respect to the conduct of any current or past partnership, joint venture or limited liability company #f~at is not shown as a Named I nsured in the Declarations .
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SECTION III - LIMITS OF 1 . The Limits of Insurance shown "ultimate net loss" in excess of a. Snsuseds; b. Claims m ade or "su i t s" c. P ersons or organizations
CE AND RETAINED LIMIT the Declarations and the rules below fix the most we will pay for tic " retained l imit" regardless of th e number of .
or g claims o r bri nging "su its". most we wi il pay for the sum o#:
2. The General Aggregate Limit is
a . Damages under Coverage iA, except damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard" ; and b. Damages under Coverage ~ .
3. The Products-Comple#ed Oger~tions Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily iinjury° and "property damage" included in the "products-completed operations hazard" . 4. Subject to 2 . above, the Persan~al and Advertising Injury Limit is the most we will pay under Coverage B for the "ultimate net loss" in excess of the "retained limit" for damages because of all "personal and advertising injury" sustained by Ony 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 ne{ loss" in excess of the "retained limit" for damages because of all "bodily injury" and "property damage" wising out of any one "occurrence" . 6. Subject to 5. above, the Damage to Premises Rented To You Limit is the most we Will pay under Coverage A for the "ultimate net loss" in excess of the "retained limit" for damages because of "property damage" to any one premises, hi9e rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you ith permission of the owner . 7. #f the policy aggregate limits, a~ set forth in 2 . and 3 . above, are paid prior to this policy's termination date, this policy's premium is fury earned . The Limits of I ns urance of this p licy apply separately to each consecutive annual period and to any remaining period of less than 12 onths , starting with the beginning of the policy period shown in the Declarations, unless the policy per~d is extended after issuance for an additional period of less than 12 months . In that case, the additional, peri od wi ll be deemed part of the last preced i ng period for purposes of determining the limits of Insurance . :' SECTION lV - CONDITIONS 9 . Bankruptcy . Bankruptcy or insolvency of tNe insured or of the insured's estate will not relieve us of our obligations under this policy . 2 . Duties in the Event of Occurrence, Claim or Suit. a. Notice shall be sent to us as Ooon as practicable whenever you have information from which you may reasonably conclude that ao "occurrence" or offense may result in a claim or claims involving damages which, in the even~ that you are held liable, are likely to exceed 50 % of the "retained limit' . Failure to give notice of any loccutrence" which at the time of its happening did not appear to exceed 5 0% of the "retained limit' but which, at a later date would appear to give rise to a claim under this insurance, shall not prejudico such claim . b . You must see to it that we ate notified of an "occurrence" or an offense which may result in a claim . Notice should include: (1) How, when and where th~ "occurrence" or offense took place ; and (2) The names and addresse 6 of any inj ured persons and any witnesses ; and (3) The nature and location ol any injury or damage arising out of the "occurrence" or offense .
( L)
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c . If a claim is made or al "suit" is brought against any insured which is likely to involve this insurance, you must noti us promptly with a written notice of the claim or "suit" . d . You and any other invc (1) Immediately send received in conne< (2) Authorize us to (3) Assist us, upon c organization which insurance may also e . You shall make a good 3 . Legal Action Against Us . No person or organization hays a right under this policy : a _ To join us as a party or otherwise bring us into a "suit' asking for damages from an insured ; or b . To sue us on this policy unless all of its terms have been fully complied with . A person or organization m$y sue us to recover on an agreed settlement or on a final judgment against an insured obtained iter an actual trial, but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable limit of insurance . An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's leg6i representative. 4 . Oth e r In s uran ce . if other insurance is available to the insured for a loss we cover under this policy, this insurance is excess over that other insur~nce, unless that insurance is written specifically to apply in excess of the Limns of Insurance show in the Declarations . When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, i# any, that exceeds the hum of : a . The total amount that a~l such other insurance would pay for the loss in the absence of this insurance ; b . The total of all deductible and self-i nsured amounts under all that other i nsurance; and Nothing herei n shall be cons~ued to make this pol icy subject to the terms , conditions and limitations of other i nsurance_ f insured must; copies of any demands, notices, summonses or legal documents with t he claim or "suit' ; record s and oth er information', request , in the enforcement of any right aga i nst any person or 3y b e liable to the insured because of injury or damage to which this evaluation of any claim for settlement purposes-
5. Premium Audit.
a. We wi ll compute all premiums for this policy in accordance with our rules and rates . b. Premium s how n i n this policy as advance premium is deposit premium only. At the close of each audit period we wi~1 compute the earned premium for that period . Audit premiums are due and payable on noti ce to th e first Named Insured . If the sum of the advance and audit premi ums paid for the policy period i s greater than the earned premium, we will retu rn the excess to the first Named Insured . c. The first Named 1nsued 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 Dec ara#ions are accurate and complete ; li b . Those statements are ba 4d upon representations you made to us ; and c . We have issued this policy in reliance upon your representations .
`._
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7, Separation of Insureds .
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Except with respect to the ti duties specifically assigned in a . As if each Named Insured b . Separately to each Insured 8. Tran sfer of Rights of If the insured has rights to rights are transferred to us . insured will bring "suit" or trr 9. When We Do Not Renew.
of Insurance, the application of the "retained limit', and any rights or policy to the first Named Insured, this policy applies : the only Named Insured; and whom claim is made or "suit" is brought. Ag ai n st Oth e rs to U s . er all or part of any payment we have made under this policy, those insured must do nothing after loss to impair them- At our request, the those rights to us and help us enforce them .
If we decide not to renew this p olicy, we wi ll mail or deliver to the first Named Insured shown in the Declarati ons written notice of the~nonrenewal not less than 60 days before the expiration bate . If noti ce is mailed, proof of mai fin O will be sufficient proof of notice . '{a . Cancellation . a. The first Named Insured shown in the Declarations may cancel thi s policy by mailing or delivering to us advance written notice of anceNation .
b . We may cancel this policy Icy mailing or delivering to the first Named Insured written notice of cancellation at least (1) 10 days before the effective date of cancellation i f we cancel for nonpayment of pre mium ; or (2) 60 days before the effect l ve date of cancellation if we cancel for an y other reason . c . We may mail or deliver our 6o#ice to the first Named Insured ' s last ma i ling address known to us . d . Notice of cancellation will st O te the effective date of cancellation_ The policy period will end on t haj-date . ~ e. If this policy is canceled, will send the first Named insured any premium refund due. If we cancel , the refund will be p rata. If the first Named Insured cancels , the refund may be less than pro rata . The cancellation till be effective even i f we have not made or offered a refund .
#. If notice is mailed , proof of nailing will be sufficient proof of notice . 11 . Changes . This policy contains all the agree ents between you an d u s concerning the i nsuran ce afforded . Th e first Named insured shown in the De larations is authorized to make changes in the terms of this policy w ith our consent. Th i s policy's terms can be amended or waived only by endorsement issued by us a n d made part of this policy . 12 . Examination of You r Books an j Records . We may examine and audit you books and records as they relate to this policy at any time during the policy period and up to three yea s afterward. 13 . Inspectio ns and Survey s . We have the right but are not obli O ated to: a . Make i nspections and survey at any time ; b. Give you reports on the conditions we find ; and c . Recommend changes . ', I ~„ _J
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Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be charged_ We do not make safety inspections . We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public . And we do not warrant that conditions : a. Are safe or healthful ; or b . Comply with law s, regulatifln l, codes or standards. This condition applies not only tows, but also to any rating, advisory, rate service or similar organization which makes insurance inspectio s, surveys, reports or recommendations . 14 . Premiums. The first Named Insured shown inj the Declarations : a . Is responsible for the payment of all premiums ; and b . Will be the payee for any return premiums we pay. 15. Transfer of Your Rights and Dies Under This Policy . Your rights and duties under this bolicy may not be transferred without our written consent except in the case of death of an individual narr~ed insured . 1f you die, your rights and dude will be transferred to your legal representative but only while acting within the scope of duties as y ur legal representative . Until your legal representative is appointed, anyone having proper temporary ustody of your property will have your rights and duties but only with respect to that property . SECTION V - DEFINITIONS 1 . "Advertisement" means a notice segments about your goods, prop is broadcast or published to the general public or specific market or services for the purpose of attracting customers or supporters . material placed on the Internet or on similar electronic means of part of a web-site that is about your goods, products or services for mers or supporters is cons idered an advert isement . trai ler or semitrailer des igned for travel on publ i c roads , including any But " auto " does not i nclude "mobile equipment"_ sickness or disease sustained by a . person , including death resul ti ng
~ 9-
a. Notices that are published ir communication, and b. Regarding web-sites, only the purposes of attracting s 2. "Auto" means a land motor vet attached machinery or equipm 3 . "B odily injury" means bodily in from any of these at any time . . 4. "Coverage territory" means : a . The United States of America b. Intsmati ona l waters or airs', or transportation to or from c. All parts of the world if: (1) The injury or damage (a) Goods or products (b) The activities of a for a short time on (c) "Personal and adv electronic means of
its territories and possessions), Puerto Rico and Canada ; provided the injury or damage does not occur in the course of travel place not included in a . above; or
out of . or sold by you in the territory described in a . above; or )n w hose home is in the territory descri bed in a, above , but is away business; and injury" offenses that take place through the Internet or similar
r 1
_
( 2) The insured's respansibil to pay damages is determined in a "suit" on the merits, in the territory described in a. ab ve or in a settlement we agree to .
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5 . "Employee" includes a "leased 6. "Executive officer" means a pe constitution, by-laws or any other "Impaired property" means tar used or is less useful because: a . It incorporates "your produc inadequate or dangerous ; or
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" Employee" does not include a "temporary workQ r ' _ n holding any of the officer positions created by your charter, ilar governing document . property, other than "your product' or "your wor4s", that cannot be or "your work" that is known or thought to be defective, deficient, of a contract or agreement ;
7.
b. You have failed to fulfill the t
if such property can be restored t ~, use by : a. The repair, replacement, adt ls#rnent or removal of "your produ ct" or "your work"; or b_ Your fulfilling the terms of the lcontractor agreement. 8 . " Insured contract" means : a. A contract for a lease of pretrWses _ However , that portion of the contract for a lease of prem ises that indemnifies any person or organ i zation for damage by fire to premises wh i le rented to you or temporarily occupied by you %~ith permission of the owner is not an "insured contract" ;
b . A sidetrack agreement ; ', C . Any easement or li cense agr~ement, except in connection with construction or demol i tion operations on or wi thin 50 feet of a raiira d ; d . An obligation, as requ ired by ordi nance , to indemnify a mun ici pal i ty, except in connection with work for a municipality ; e . An elevator maintenance agreement ; or f. That part of any other ntract or agreement pertaining to your business (including a indemnification of a m unicip lity in connection wit h work performed for a municipality) under whir you assume the tort l iability a another party to pay for "bodily injury" or "property damage" to a third person or organization . Tort Ii, bility m eans a liability that would be imposed by law in the absence of any contract or agreement . Paragraph f. does not include { that part of any contract or agreement : (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, vvi"n 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road beds, tunnel, underpass or crossing ; (2) That indemnifies an (a) Preparing , appri engineer or surveyor for injury or damage arising out of or failing to prepare or approve maps, shop drawi ngs, opi nions, orders , change orders , or drawings and specifications ; or
reports, surveys ,
(b) Giving directions or ihstruciion s, or failing to g i ve them , if that is the primary cause of the inj ury or damage; or (3) Under wh i ch the insured if an architect, e ngineer o r su rveyor, assu mes liability for i nju ry or damage ari s i ng out of the insvreci's ren dering or fai l ing to render professional services , including those li sted in (2) above d supervisory , inspecti on or engineering serv ices . 9. "Leased worker" means a person eased to you by a labor leasing firm under an agreement between you and the labor leasing firm , to performi duties related to the conduct of your bus i ness. "Leased worker" x does not include a "temporary wo e r'.
10 . " Loading or unloading " means the~i handling of property: a. After it is moved from the place where it is a ccepted for movement into or onto an aircraft , watercra or "auto!'; or -} J
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b . While i# is in or on an ai c. While it is being moved
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watercraft or "auto" ; or an aircraft, watercraft or "auto" to the place where it is finally delivered ;
but "loading and unloading" dc~es not include the movement of property by means of a mechanical device, other than a hand truck, hat is not attached to the aircraft, watercraft or "auto" . 11 . "Mobile equipment' means any ~f the following types of land vehicles, including any attached machinery or equipment a . Bulldozers, farm machinery, ~forklifts and other vehicles designed for use princ ipally off public roads ; b . Vehicles maintained for use [solely on or next to premises you own or rent ; c. Vehicles that travel on crawler treads ; d . Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted : (1) Power cranes, shovets, loaders, diggers or drills ; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers ; e. Vehicles not described in 0 ., 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 exploration,! : lighting and well servicing equipment ; or (2) Cherry pickers and similpr devices used to raise or lower workers ; f. Vehicles not described in A ., b ., c . or d . above maintained primarily for purposes other than the transportation of persons or cargo . However, self-propelled veh}c4es with the following types of permanently attached equipment are not "mobile equipment' but will be considered "autos" : (1) Equipment designed primarily for (a) Snow removal ; (b) Road maintenance , but not construction or resurfacing ; or
(c) Street cleaning;
(2) Cherry pickers and simi 4 ia r devices mounted on automobile or truck chass is and used to raise or lower workers ; and (3) Air compressors, pum p s and generators, i nclud i ng spraying, weldi ng, building clean ing, geophysical explaration, l l ighfing and well serv ici ng equipment 12. "Occurrence" means an accident, includi ng continuous or repeated exposure to substant ially the same general harmful conditi ons. 13 . "Personal and adverti sing injury"' means injury, including consequential "bod i ly injury", arising out of one or more of the following offenses~ . a . False arrest , detention or i mprisonment; b. Mal icious prosecution ;
C. d. e. t.
The wrongful evicti on from , wrongful entry into , or invasion of the right of private occupancy of a room , dwell ing or premises that a person occupies by or on behalf of its owner, landlord or lessor, . Oral or written publication of' material that slanders or libels a person or organ ization or di sparages a person's or organ i zation's gdods , products or servi ces; or Oral o r wri tten publication of kna#erial that violates a person' s right of privacy ; The use of another's advertis ing i dea in your "advertisement" ; or Infringing u pon anoth er's ca6 yright, trade dress or slogan in your "advertisement' .
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14 . "Pollution" includes th e actual , any substance if such substanc harmful , or dangerous_ Enviroi water, including underground vs
Filed 07/13/10 Page 22 of 52
lieged or potential presence in or introduction into the environment of has, or is alleged to have, the effect of making the environment impure, gent includes any air, land, structure or the air therein, watercourse or
15 . "Products-completed operations hazard" a . Includes all "bodily injury" a d "property damage" occurring away from premises you own or rent and arising out of "your product' r "your work" except : (1) Products that are still in dour physical possession ; or (2) Work that has not yet ~eer~ completed or abandoned . However, "your work" will be deemed completed at the earlier of the following times : (a) When all of the work called for in your contract has been completed . (b ) When aJ l of the work to be done at the site has been completed if your contract calls for work at more than one site . (c ) When that part of the work done at a job site has been put to its i ntended use by any person or organ i zation other than another contractor or subcontractor work ing on the same project Work that may need service, maintenance, correction, repai r or replacement, but which is otherwise complete, willl be treated as completed : b. Does not include "bodily injury" or "property damage" arising out of : (1) The transportation of prpperty , u nl ess the injury or damage arises out of a oon ditio n i n or on a vehicle not owned or operated by you , and that cond ition was created by the "loading or unload i ng" of that ve3~ icl by any insured ; (2) The existence of tools, Oninstalled equ ip ment or abandoned or unused materials ; o r (3) Products or aperations for which the classification , listed i n the Declara tio n s or in a policy schedule, states that p roducts or completed operations are subj ect to the General Aggregate -- , Limn. t~-__~ 16. "Property damage" means : a . Physical injury to tangible property, including all resulting loss of use of that property . All such loss of use shall be deemed to occy~r at the time of the physical injury that caused it ; or b .~ Loss of use of tangible property that is not physically injured . All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it . For the purposes of this insurance, electronic data is not tangible property . As used in this definition, electr nic data means information, facts or programs stored as or on, created or used on, or transmitted to o~ from computer software, including systems and applications software, hard or flopp y disks, CD-ROMS tapes, drives, cells, data processing devices or any other media which are used with electronically con oNed equipment. 17. "Retained limit" means the limit indicated as the "retained limit' shown in the Declarations . "Retained limit" does not include prejudgTent interest, interest that accrues after entry of the judgment, nor any expenses incurred by the insured in the defense of any claim or °suiY' .
18. "Suit" means a civil proceedirjg i n wh i ch dam ages because of "bodily injury", "property damage" ,
"personal injury" or "advertising njury" to which thi s insurance appli es are alleged . "Suit" includes: a. An arbi tration proceeding i which such damages are claimed and to which you must submit or submit with our consent ; or b . Any other alternative dispute resolution proceeding in wh ich such damages are claimed and to which _ . you submit with our conse n t ` l C-1) 19. "Temporary worker" means a rson who i s furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or hart-teen workload conditions . XS-6U91c (07/02) Reprinted in part w i th permission of Insurance Services Office , Inc., 1998 Page 16 of 17
Case 1:10-cv-02162-WSD Document 1-2
POLICY NUMBER : XSL G21 732850
Filed 07/13/10 Page 23 of 52
Questions About Your Insurance?
l
ACE USA
Answers to questions about your insurance , obtained by calling ACE USA , Customer S up
rage information, or assistance in resolving complaints can be Service Department, at 1-8aU-352-4462 .
r i
ALL- 5X4 5 ( 19 19&) Ptd. in U .S .A .
Case 1:10-cv-02162-WSD Document 1-2
POL ICY NUMBE R: XSL G21732850
Filed 07/13/10 Page 24 of 52
A CE USA
Information and Complaints
This information is being provided to you Insurance Code relating to our Toll Free IMPORTANT NOTICE To obta in information or make a complaint
to the requirements of Articles 1 . 35, L35Q and 21 .71 of the Texas n and com p lai n t number. AVISO IMPORTANTE Para obtener information o para someter una queja : li s ted puede Il a mar al numero de telefono gratis de l a Com pania para information o para someter una queja at : 1 (800) 352-4462 Usted tambien suede escribir a la Compania : ACE USA Customer Services, TL35D P .O . Box 41484 Philadelphia, PA 19101-1484 Puede communicarse con el Departmento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas at 1 (800) 252-3439 P u e d e escribir at Departamento de Seguros de Texas P . O . Box 149104 AUSTIN, TX 78714-91 04 FAX #(512) 475-1771 DISPUTAS SOBRE PRIMAS 0 REC LAM OS : Si tiene una dispu ta con cemiente a su p ri m a o un reclamo , de b e comu ni carse con e1 agente o la co mpa nia pri mero . S i n o se resuelve !a disp uta pue de entonces commu n+casse con el departmento de Seguros en Texas UNA ESTE AVISO A SU POLIZA : Este aviso es solo para proposito de information y no se convierte en parte o condicion del documents acljunto .
You may call the Company's toll-free tefephO) ne number for information or to make a complaint at : 1 -(800) 352--0462 You may also write to the Company at : ACE .USA Custom e r Services , TL35D P .O. Box 41484 Ph iladelphia, PA 19101-1484 You may contact the Texas Department o f los uran ce to obtain information on com p anies, coveragels, rig hts or co mplaints at: 7 -( 800) 252 3439 i
Yo u m ay write the Texas Departmen t of I ns~#ra nce P .O . B ox 149104 AUSTIN, TX 78714-9104 FAX # (512) 475-1771 PREMIUM OR CLAIM DISPUTES : S hould ou have a dispute concerning your premium or about claim you should contact your agent or the compan first_ If the dispute is not resolved you may conta t he Texas Departiment of Insurance . ATTACH THIS NOTICE TO YOUR POLICY. I This noti ce is for information only and does not become a part of condition of the attached document.
~- ..J
ALL- 4Y30 a (fl8J2009 )
Case 1:10-cv-02162-WSD Document 1-2
POLICY NUMBER : XSL 621732850
Filed 07/13/10 Page 25 of 52
-~ 1
, ~
Notification To Texas Policyholders ommercial Automobile Liability, General Liability, ACE USA P rofe sionai Liabil ity, And Medical Professional L iability (Othe Than Hospitals) Of Accident Prevention Services
The ACE USA operating insurance compani provide policyholders with accident prevention services and programs 1
to help them reduce the frequency and sere iy of accidents i n their bus i ness. If you would li ke more information on the specific services and programs that AC USA can provide, contact Nat ional Manager, Jurisdictional Services , ACE USA Risk Control Services, P . O . Box 11w, PPhiladelphia, PA 19105-1000 or call toll free at 9 . 886 . 357 . 3797 .
, ..
DCE -19368f (02f06)
Case 1:10-cv-02162-WSD Document 1-2
Filed 07/13/10 Page 26 of 52
OF NAMED INSUREDS
Racetrac Pe troleum , Po licy Per io Po l icy Symbol Policy Number 0 6j XS L G2 17 3285 4 u ra n ce Compan y) Issu ed By (Name of Ins ACE American Insurance C ompany 1 ( Page 3 of 2) Effective Date of Endorsement 06/01/2006
2006
to
06 J 0 1J2007
Insert the policy number . The remainder of the information is #i b e completed only when this endorsement is issued subsequent to the prepara tion of the po licy .
TH I S ENDORSEMENT CHAN GES THE POLICY .
PLEASE READ
IT CAREFULLY .
Th is en dorsem e nt modifies i nsurance provided under t he following : EXCE S S COMMERCIAL GENERAL LIABILITY POLICY Th e Named Insured s hown in the Decl a rations is amended to read as follows : RaceTrac Petroleum, Inc . C .B . Properties, Inc . Cumberland Environmental Services, Inc . Del Lago Ventures, Inc_ Edward Advertising Company The Ethanol. Corporation Gingercrest, Inc . Gulf Coast Terminals, LLC Mesquite Creek Development Metroplex Energy, Inc . metropolitan Foods, Inc_ biountainprize, Inc . Pepperwood, Inc . Powers Ferry Realty, Inc . RaceTrac Beverage Company RaceTrac Capital, I,LC Southern Cornerstone, znc_ Strategic Food Alliance, Inc . Tanglebrook, LLC Texas City Real-Estate Investment Corporation Transport South, Inc . Transport South of Virginia, Inc . Wholesale South, Inc . Wholesale South Distributing, Inc . Consumer Incentive Programs, Inc .
any other organization you newly at~qui .re or form, other t han a partnership or joint ve nture , and ove r which you maint ai n o wnership o r majo rity interes t, pmvidGd : a) there is no other similar insurance available to that organization ; and
b) you notify u s of su ch acquisition nodt later tha n 60 days after the end of the po li cy peri o d .
CC-1 E15 Ptd . in U .S .A .
Case 1:10-cv-02162-WSD Document 1-2
Filed 07/13/10 Page 27 of 52
SCHF,DULE OF NAMED INSURERS
Named Insured
Racetirac Petroleum,
nc .
i'
Endorsement
f Po l i cy Symbol Policy Number Policy Peria XSL G21732850 06/ 1 /2 0 06 to Issued By ( Name of Insuranc e Company) ACE Amer i can Insurance Company
Number 1 (Page 2 of 2) Effective Date of Endors e m ent 0 6/0 1 /2 0 07 06/ 01 / 2 006
insert the policy number. T he remainder of the information is t be completed only when this endorsement is issued subsequent to the preparation of the policy . I
As respects newly acquired or forme d organizations : 1. Coverage A does not app ly to `~bodi3.y injury" o r "property da mage" tha t occurred before you acqu i red o r forme d the organ i za ti on ; and Coverage B doe s not apply to personal injury" o r " advertising injury" arising out of an o ff ense c ommitted be£o r y ou a c qui r ed or formed the organizat i on .
2.
No pe rson o r organiz ation is an i sated wi th re spe ct to the conduct of any current or past joint venture th at i s not s hown a s a Named I nsured o n this schedule .
I
CC-1E15 Ptd. In U . S . A .
Case 1:10-cv-02162-WSD Document 1-2
Filed 07/13/10 Page 28 of 52
NCELLATION BY U S
Insured Racetrac Petroleum, Policy Symbol Pol i cy Num ber Policy Peri o XSL 06 / i G21732850 I ssued By ( Name of Insurance Compan y) ACE American Insurance Company
Endors eme nt Number 2
/2006 to 06/01/2007
06/O l /2fl0 5
insert the policy number. The remainder of the information is t be completed onl y when this end orsem e nt is i ssued subs equent to the preparati on of the
THIS ENDORSEMENT CHA NGES THE POLICY . This
PLEASE READ IT CAREFULLY .
endorsement modi~ i es insurance provided under the followi ng : EXCESS CON~MRCIAL GENERA L LIABILITY POLICY
Paragraph 10 .
b . of SECTION IV - CONDITIONS is replaced by the following :
b_ We may cancel this policy my cl ing or delivering to the first Named insured at least : written notice of cancellat i 1 . 10 days before the effective date of cancellation if we cancel for nonpayment of premium ; or 2. 90 days before the effective date of cancellation if we cancel for any other reason . I
~_.
CC-1 E15 Ptd . In U .S .A .
Case 1:10-cv-02162-WSD Document 1-2
Filed 07/13/10 Page 29 of 52
AMENDMENT OF CANCELLATION
ROVISIONS -NOTICE TO ADDITIONAL INTEREST (S )
Na m ed In sured
Racetra c Petroleum, nc _
Endorseme nt Number
3 Effe ctive D ate of End orse men 0 6/0 1 /2 0 07 06/01/2006
Pol icy Symbol Pol icy Number Poli cy Perio to X SL 621 73 28 5 0 0 6/ 1 /2 00 6 Issue d By (Name of Insuran ce 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 preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY .
Th i s e ndo rsement modi f ies insuran ce provide d under the following : EXCESS COM~ERCSAL GENERAL LIABILITY POLICY SCHEDULE
Number of days advance n o ti ce : Name :
60 '
Flori da Depar tment of Trans p ortation P . O . Box 607 Chipley, FL 3 24 28
Address :
CG-1 E7 5 Ptd . In USA
Case 1:10-cv-02162-WSD Document 1-2
POLICY NUMBER- XSL G21732850
Filed 07/13/10 Page 30 of 52
ENDT . # 4
ADDITIONAL INSURED -~ MANAGERS OR LESSORS OF PREMISES
Raoetrac Petroleum, Inc .
4
Policy Symbol Policy Number Policy Period XSL 621732850 J 06/01/200 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the information is fo be only when th is endor sement is issued s u bsequent to the preparation of the policy.
to 0 6/ 03/2 0 0 '3 J066101/2006
THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFUL LY. This endorsement mddifies insurance provided under the following :
EXCESS COMM ERCIAL GENERAL LIABILITY POLICY
SC HEDU LE
Des i gnation of Prem i ses (Pa rt Leased to You ):
s -,, lame of Person or Organization (Addi ti onal lnsurod}. ~- ~
'" Any Manager or Lessor whom you have ', agreed , to include as an add i tional insured under a wr i tten c~ on trac t .
WHO IS AN INSURED ( S e ction li) is am e nded to in o ude as an insured any person or organization shown in the Sch edul e but only with respect to liabil ity arising out of the ownership , Maintenance or us e of that part of the premises leas ed to you and shown in the Sch edule and subject to the following add ii'sos~al exclu ion s : This insu rance does no t apply to,, 'i _ Any 'occurrence which takes pl ice after you cease to be a tenant i n that prem i ses . 2. Structural alterations, new construction or demolition operati ons performed by or on behalf of the person or organization shown in the Sched u le .
Authorized Ag ent
XS-6W30 (09195) Ptd . in U. S . A .
Case 1:10-cv-02162-WSD Document 1-2
POLI CY NUMBER : XSL G21732850
Filed 07/13/10 Page 31 of 52
E13DT. #5
INSURED-VENDORS
Named Insured Ra cetrac Petroleum. , Endorsement Number 5
I nc_ to
Policy Symbol Policy Number Pol i cy Pe -od XSL 621732850 06/01/ 006
Effective Date of Endorsement 06/01/2007 06/01/2006
Issued By (Name of Insurance Company) ACE American Insurance Company
the policy n umber. T h e remai n der of the information is to Ibe comp leted onYy when this endorsement is issu ed su bsequent to the preparation ofi the
TH I S ENDOR SE MENT C HANGES THE POLICY . PLEASE READ IT CAREFULLY. This endorsement mc#difies insurance provided under the following : EXCESS COM~ERCIAI. GENERAL LIABILITY POLICY
SCHEDULE
Name of P erson or Organization (Vendor) : add i ti o nal insured u n der a w ri Your Products :
vendor whom you have contract .
gee d to in cl ude as an
WHO IS AN INSURED (Section #I ) is amended o include as a n insured any person or organization (referred to below as a vendor) shown in the Schedule but only with res ct to "bodily i njury" or ' property damage' arising out of "your products" shown in the Schedule which are distributed or sold in t e regular course ofi`the vendor's business , subject to the following additional exclusionsI _ The insurance afforded the vendor does not abply to : a. "Bodily injury" or "property damage' fo which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement . is exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or aRr went ; b _ Any express warranty unauthorized bye you ; c . Any physical or chemical change i R th$ product made intentionally by the vendor; d. Repackaging , unless unpacked soiO y for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from t h e manufacturer, and then repackaged i n the ori ginal container; Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products ; Demonstration, installation, servicing f repair operations, except such operations performed at the vendor's p remises in connection with the sale o the product; Products wh i ch , after distribution or ingredient of any other thing or subst 2. This insurance does not apply to any insured ingredient, part or container, entering into, acc) by you, h ave been labele d or relabeled or used as a container, pa rt or by or for the vendor . or organization, from whom you have acquired such products, or any ing or containing such products .
Auth orized Agent
a
Case 1:10-cv-02162-WSD Document 1-2
Filed 07/13/10 Page 32 of 52
POLICY NUMBER : XSL G21732850
ENDT. #6
THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY.
CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM
This endorsement modifies insurance provic(ed under the following : EXCESS COMMERCIAL GENERA . LIABILITY POLICY
With respect to any one or more "certified I cts of terrorism", we will not pay any amounts for which we are not responsible under the terms of the federal errorism Risk Insurance Act of 2002 (including subsequent acts of Congress pursuant to the Act) due to the a piication of any clause which results in a cap on our liability . for payments for terrorism losses"Certified act of terrorism" means an act th is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act of 2002 . The federal Terrorism Risk Insurance Act of 2002 sets forth the following criteria for a "certified act of terrorism" : 1 . The act resulted i n aggregate losses in of $5 million; and 2. The act is a violent act or an act that is ngerous to human life, property or infrastructure and is committed by an individual or individuals acti ng on be If of any foreign person or foreign interest, as part of an effort to coerce the ci vilian population of the Un it, States or to influence the policy or affect the conduct of the United States Government by coer cion_
XS 14777 91 03
Includes capyrighNad material of ISO Properties, Inc ., with its permission
Page 7 of 1
0
Case 1:10-cv-02162-WSD Document 1-2
f VLlI; Y N UMtitt'f : ](SL taL 9/ :S1 tS 5U
Filed 07/13/10 Page 33 of 52
tNU 1 . IF[
EMPLOYEE B NEFITS LIABILITY COVERAGE
Racetrac Petroleum,
Policy XSL Pol icy Nu m b e r G21732850 Po ll fl6
Inc . 1
P eriod 0 1/2006 to
El 1 7
06/01/2007 Effecti ve Date of End orsement 06JO1J2Ua6
issued By (Name of insurance Company)
ACE American Insurance Company
THIS ENDORSEMENT C This endorsement m EXCESS C
THIS ENDORSE
ES THE POLICY . PLEASE READ IT CAREFULLY. es insuran ce provided under the following : AL GENERAL LIABILITY POLICY
PROVIDES CLAIMS MADE COVERAGE Schedule
LIMITS OF INSURANCE
Each Claim Limit $ Aggregate Limit 500,000
$ 500,000
Retroactive Date 06/01/204
Q The Year 2000 EExclusion below does no apply if this box is checked . INSURING AGREEMENT We will pay under this endorsement those urns in excess of the "retained limit" shown in the Declarations that the insured becomes legally obligated to pa as damages because of a claim or "suit" brought by any employee, former employee, or their beneficiaries or 1 al representatives in connection with any error, omission, or breach of duty in the "administration" of your "em}~I ee benefits" programs . We have no duty to defend any "suit" see! assume from the insured the defense and seeking payment of damages covered unde, But the amount we will pay for damages is ii This insurance applies to errors, omissions, made against any insured during the po1i ; paragraph titled Extended Reporting Period . This insurance does not apply to errors, om Retroactive Date shown above, or which oc+ ing those damages, but we shall have the right and opportunity to ontrol of any claim or "suit", including any appeal from a judgment, this endorsement that we believe likely to exceed the "retained limit' . sited as described in the Schedule as Limits of Insurance ; 'aches of duty , or misstatements only i f a claim for damages is first period or any Extended Reporting Period we provide under the ons , breaches of duty , or misstatements which occurred before the after the end of the policy pe riod .
WHO IS AN I NS URED j With respect to this endorsement, Section I1 - Who Is An Insured is modified to include employees only while authorized to act in the "administration" of your "employee benefits" programs . EXCLUSIONS Insurance under th is endorsement does not pply to any claim or "suit" arising out of 1 . any dishonest, fraud tent, criminal or m~iicious act, 2. any "bodily injury", "personal injury", "advertising injury", or "property damage" ; 3. any claim for failure of performance of c ntraet by any insurer ; 4 . any obligation of the insured under a workers' compensation, disability benefits or unemployment compensa#ion law or any other similar la ; ~5. ~ ., 6. 7. any failure of stock to perform a s re any advice given by you to your em 'd by you; to participate or not to participate in stock subscription plans ; a ny alleged wrongful term i natio n or allegation s;
Case 1:10-cv-02162-WSD Document 1-2
Filed 07/13/10 Page 34 of 52
8 . any actual or alleged error or omission r breach o f duty, committed or alleged to have been committed by a trustee, in the discharge of fiduciary d ies, obligations or responsibilities imposed by the Federal Employee Retirement Income Security Act of 197 or Title X of the Consolidated Omnibus Budget Reconciliation Act of 198 (Public Law 99-272) or Section 9319 of the Omnibus Budget Reconciliation Act of 1986 (Public Law 99- ~~ 509) or any amendment to these Acts ; r 9, any claims or "suits" arising directly or ndirectiy 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, wam, fix, a ise or otherwise avoid or mitigate "Year 2000 computer-related and other electronic problems" . However, his exclusion does not apply if the box in the Schedule above is checked .
LIMITS OF INSURANCE The Li mits of Insurance shown in the Sche ule . of thi s endorsement and the rules below fix the most we wi ll pay for the "ulti mate net loss" in excess of the "r~tained limit" regardless of the number of : 1 . Insureds ; 2. Claims made or "suits" brought ; or 3. Persons or organization making claims ~r bringing "suits" . The Aggregate Limit is the most we will pay for the "ultimate net loss" in excess of the "retained limit" because of all damages u n der this endorsement Subject to the Aggregate Limit, the Each Cs4im Limit is the most we will pay for the "ultimate net Sass" in excess of the "retained limit" arising out of any one clam or "suit" . i 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 a di#ional period of less than 12 months . In that case, the additional period will be deeme d part of the last prece ing period for purposes of determining the limits of insurance DEFINITIONS The following additional definitions are add eO to Section V - Definitions : A "Employee benefits" means group life insurance, group accident or health insurance, profit sharing plans, pension plans, employee stock subs rip#ion plans, employee travel, vacation, or savings plans, workers' compensation, unemployment insuran ,social security and disability benefits insurance, and any similar program . . B_ "Administration" means any of the 1. 2. 3. 4. Counseling employees, other Interpreting your "employee b Handling records for your "err wing acts that you do or authorize a person to do : giving legal advice, on "employee benefits" programs ; .ADITONL
programs ; benefits" programs; and
Effecting enrollment, terming#ionl or cancellation of employees under your "employee benefits " programs.
"Administration" does not include : a. b. c, The failure of performance of any ~ontcact by any insure r, The failure of any investment plan to perform as represented by an insured ; The i nabil ity of "employee benefits' programs to meet their obligation due to insolvency.
C . "Year 200€ computer-related and o#h r electronic problems" means the inability of computer hardware, computer software or microprocesso to recognize, distinguish, interpret, accept or process date or time data (including, but not limited to, alcu[ating, comparing, storing, inputting, manipulating, updating, recording, displaying, outputting, trays rring or sequencing) from, into or between the twentieth and twenty- ~~ first centuries, and the . years 1999 and 000 and leap year calculations .
XS-6W24a
Page 2 of 3
Case 1:10-cv-02162-WSD Document 1-2
D_ "Year 2000 computer-related and other Any actual or alleged failure, a. Any of the following , whether (1) Computer hardware, i
Filed 07/13/10 Page 35 of 52
problems hazard" means : or inadequacy of: to any insured or to oth ers : ing microprocessors ;
(2) Computer application (3) (4) (5) Computer operating s Computer networks; Microprocessors (comp chips) not part of any computer system ; or electronic equipment or components ; or and related software ;
(6 ) Any other computerized 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 12000 computer -related and other electron i c problems" . 2. Any advice , consultation, design , e~afuation , inspection , installation, maintenance , repair, replacement or supervision prov ided by or done Oy you or for you to determine, rectify or test for, any potential or actual "year 2000 computer-related and other electronic problems".
EXTE ND ED REPORTING PERIOD 1 . We will automatically provide an extended Reporting Period as described in paragraphs 2 . and 3 . below if : a. This endorsement is cancelled or not renewed ; or
b . We renew or replace this e ndorsement V. with insurance that: (1) Has a Retroactive Date later than tie date shown on this endorsement ; or (2) Does not apply to errors , omissions , breaches of duty, or misstatements on a claims - made basis . 2 . The Extended Reporting Period does not extend the policy period or change the scope of coverage provided . it applies only to claims for errors , omissio~s , breaches of duty, or misstatements that occur before the end of the policy period but not before the retroac v e Date shown in this endorsement Once i n effect, the Extended Reporting Period may not be canceEled . 3. The Extended Reporti ng Period is automatically provided without additional charge . Thi s period starts with the end of the policy peri od and lasts for five y e ars . The Extended Reporting Period does not a ply to claims that are covered under any subsequent insurance you purchase, or that would be covered bul~for exhaustion of the amount of insurance applicable to such clai ms . 4 . The Extended Reporting Period does not reinstate or increase the Li mits of Insurance .
Authorized Agent
XS-6W24a
Page 3 of 3
Case 1:10-cv-02162-WSD Document 1-2
POLICY NUMBER: XSL G2'1 732850
Filed 07/13/10 Page 36 of 52
ENDT. #8
LOSS ADJU 7MENT EXPENSE WITHIN LIMITS
Named Insured Endorsement Number Racetrac Petroleum, Inc . $
Policy Symbol Policy Number Policy Peri d Effective Date of Endorsement XSL 621732850 06/01/2 106 to 06/01/2007 06/01/2006
issued By (Name of Insurance Com ACE American Insurance C insert the policy number.
of the
THIS ENDORSEMENT
ES THE POLICY . PLEASE READ IT CAREFULLY .
This endorsement m odifies insurance provided under the follow i ng : EXCESS CONIAIIERC1At GENERAL LIABILITY POLICY
Se ction V - Definitions, paragraph 1 7 . is replaced in its entirety by the following : 17. "Retained limit° means the limit indicated s the "retained limif° shown in the Declarations - "Retained limit" does seclude prejudgment interest, interest that accrues after entry of the judgment nor any expenses incurred by not ' the insured in the defense of any claim or "sui t" except for "loss adj ustment expen s e" . "Loss adjustment expense' shall be Section V - Definitions, paragraph 20 . is within th e " reta in e d limit" . in its e ntirety by the following :
20 . "Ultimate net lose means the total amou t which the insured is legally obligated to pay as damages due to an "occurrence" or offense arising out of cov red clams or "suits" either by an adjudication or a settlement to which we agree in writing and includes interest hat accrues after entry of the judgment and deductions for recoveries and salvages which have been of wi#l be aid- "Ultimate net loss" does not include any of the expenses incurred by the insured or us in connection with d ending the claim or "suit" except for "loss adjustment expense .' " Loss adj ustment expens e" shall be The following definition is added to Section V 23. "Loss adjustment expense" means su con nec tion with the investigation, admi which this pol i cy ap plies. S u ch expensE costs and related costs su ch as fil ing fe laboratory services' and x-rays, a utops documents, but will not include the da expenses of the in sured's empl oyees, e mp loyees, our overhead or adj usters' fE Paragraph 1 . of DEFENSE , 1NVESTiGA JUDGMENTS - COVERAGES A AND B is rE Defense, Inve stigation , Settlement , claim expenses and costs incurred by the insured or by us in ,tration, adjustment, settlement or defense of any claim or "suit" to include, but are not limited to, attorneys' fees for claims in suit, court the cost of medical examination, expert medical or other testimony, ., stenographic services, witnesses and summonses and copies of s fees of a claims servicing organization, the salaries and traveling ie insureds overhead, the salaries and traveling expenses of our within the "ultimate net loss" .
SETTLEMENT, LEGAL EXPENSES, AND INTEREST ON in its enti rety by the following-. Legal Expenses, and Prejudgment Interest
Skis poficy d oes not appl y to defense, inves "gati oR, settlement , or legal exp enses, other th an " loss adj ustm ent expense", or prejudgment interest arising o u of any "occurrence" or offen se, but we shall have the righ t and opportu nity to assume from t he insured the ense an d control of any claim or "s uit", including any a ppeal from a j udgme nt, see king payment of damages cover under this policy that we believe likely to exceed the 'retained flmit". In su ch event we and the i nsured shall caopera fully .
Authorized Agent
Case 1:10-cv-02162-WSD Document 1-2
POLICY NUMBER : XSL 621732850
Filed 07/13/10 Page 37 of 52
ENOT . #9
MTBE EXCLUSION
Endorsement Number 9 Effective Date of Endorsement 06/01/2006
Raoetrac Petroleum, Inc_
Policy Symbol iPolicy Number Policy F XSL G21732650 06/01
Issued By (Name of Insurance Company) ACE American Insurance Company Insert the is number . Tile remainder of the information is to
06
to 06/01/2007
completed only when this endorsement is issued subsequent to the preparation of the
THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY .
This endorsement rr+~difies insurance provided under the following : EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE POLICY
This insurance does not a p p ly to any injury, arnage, expense, cost, loss, dem and, cl ai m , liability or l egal obligation arising ou t of, resulting from o r in a ny way elated to actual, alleged or threatened discharge, dispersa l, seepage, migration , release, escape, spill, leak, handl'sng , sale, distribution , manufacture, remediation, disposal, mo n i toring, testi ng, investigation, treatment, n eu tralization or d e to " cat ion of Methyl-Tefiary-B utyl E ther or Methyl-Tent-Butyl ether (" MTBE"); or any prod uct, su bsta nce, or wastes containing MTBE ; or a n y daugh ter or degrada tion products of MTGE .
The addi tion of this endorsement does not imply that other poli cy provisions , including but not limited to any Pollution exclusion, do not also exclude coverage for MT E related injury, damage , expense , cost, loss, liability, or legal obligation _
AI! other terms and conditions of this policy remain unchanged .
Auth orized Ag en t
Case 1:10-cv-02162-WSD Document 1-2
POLI C Y NUMBER: XSL G21732850
Filed 07/13/10 Page 38 of 52
ENDT. #10
POLLUTION
Racetrac Petroleum, Inc .
SION - HOSTILE FIRE EXCEPTION 10
I G217 3 2850 XSL Issu By (Name of Insurance Comp, ed ACE American Insurance
06/01 /2 0
to 06/ 01 /2007
1 06/01/2006
Insert the policy number. The remainder of the information is to be
only when this endorsement is iss ue d su bs equ ent to the prepar atio n of the policy .
THIS ENDODRSEMENT CHA NGES THE POLICY. PLEASE READ IT CAREFULLY . This endorsement moo ifiies insurance provided under the following : EXCESS COMME I tCIAL GENERAL LIABILITY POLICY
Exclusion 2 . f_ of Section 1, Coverage A is replaced by the following : f. Any injury, damage, expens e , cost, loss, iiabifrt* or legal obligation aris ing out of or i n any way related to pollution , however caused. Pollution includes the actual , alleged or potent I presence in or introduction into the environment of any substance it such substance has, or is alleged to have, the e of maki ng the environment impure , harmful, or dangerous . Envi ronment includes any air , land , structure or the air therein, wates'course or water, including underground water . Thi s exclusion does not apply to : " bodily injury" al~ "property damage" caused by heat, smoke or fumes from a hostile fire: (1) y (2) F At or from the premises you own, rent or occupy ; or At or from any site or location on which ~u or any of your contractors working directly or indirectly on your behalf are performing operations, if pollutants are brogfit on or to the site i n connection with such operations-
A hostile fire means one which becomes uncontrollable or breaks out from wh e re it was intended to be .
Authorized Agent ~
-- -
~~~
XS-6W35 (09195) Ptd . in U .S .A .
Case 1:10-cv-02162-WSD Document 1-2
PO LI C Y NUMBER : X SL G2'l732 8 5 4
Filed 07/13/10 Page 39 of 52
ENDT. #11
SILICA OR S I I C A - RELA T ED DU ST EXCLUS I O N
Named Insured Endorsement Number Racetrac Petroleum , Inc . 11
Policy Symbol Policy Number Policy Period Effective Date of Endorsement XSL 621732850 os/o 1 /z a6 to 06/01/2007 06/01/2006
Issued By (Name of Insurance Company) ACE American Insurance Co mpany
Insert the Dol icy number. Th e rem ainder of the information is t o b complete d onl y when thi s end o r sement i s issued sub seque n t to the p reparatio n of the
THIS ENDORSEMENT CHANIGES THE POLICY . PLEASE READ IT CAREFULLY . This endorsement modifies all insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE FORM
A. The following exclusion is added to Paragraph 2 ., E xcl usio ns of Section I - Covera ge A - Bodily Inju ry And Property Damage Liability : 2 . Exc l usions This i nsurance does not apply !o : Si li ca Or Silica-Related Dust a. " Bodily injury " arising , i n whole oa r in part, out of the actual, alleged , threatened or suspected inhalati on of, or i ngestion of, "silica" or "sil ica- related dust". b . " Property damage" arising , in whole or in part, out of the actual, alleged, thre atened or suspected contact with , exposure to, existence of, or presence of, "silica" or "silica-related dust" . c . Any loss , cost or expen se arising, in whole or part, out of the abating, testing for, monitoring, cleaning up, removing , containing, treatin detoxi€ying , neutralizing, remediating or disposing of , or in a ny way responding to or assessing the effects of, " sili ca" or "silica -related dust, by any insured or b y any other p ers on or ent ity . B. The followi ng exclusion is added to Pa ragraph 2_, Exclusions of Section i - Coverage B - Personal And Advertisi ng Inj ury Liability2. E xcl usi o ns T h is ins u rance does not apply ta : S il ica Or Sil ic a -Related Du st a. "Personal and adve rtisi ng injury"~ , aris ing, in whole or i n part, out of the actual, alleged , threatened or suspected inhalation of, inges ti o n of, contact With, expos ure to, existe n ce of, or presence of, "silica" or "silica-related . dust b _ Any loss, cost or expense arising, i n who l e or in part, out of the ab ating, testing for , monitoring, cleaning up, removing , containi ,treating , detoxifying, neutralizing, remediating or dispos in g of, o r in any way respon d ing to or asses ng th e effects of, 'silica" or "sil ica-related dust", by a n y insured or b y any other person or e ntity. C . Th e following de finiti ons are added to the Pefinitions Sectio n : 1 . "Sil ica" mea ns silico n d ioxide (occurrilrig i n crystalli n e, amorphous and im pure forms), sil ica partic l es, sil ica du st or silica comp o und s. 2 . "Silica-rel ated d ust" means a mixture i)r combination o f s ilica and oth er dust or pa rticl es .
Auth or ized Agent
Case 1:10-cv-02162-WSD Document 1-2
POLICY: XSL G21732850 NUMBER
Filed 07/13/10 Page 40 of 52
ENDT. #12
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US
Named Insured Racetrac Petroleum, Inc _ Policy Symbol Policy Number Policy Period XSL 621732850 a6/O1/20[ ACE American Insurance Company
Insert the policy -number- The remainder of the information is to be only when this endorsement is issue d subsequent to th e preparation of t he po l icy.
to 0 6 /0 1 / 200 7
Endorsement N umber 12 Effective Date of Endorsement 06/01/2006
THIS ENDORSEMENT CHAN GES THE POLICY. PLEASE READ IT CAREFULLY . This endorsement modifies insurance provided under the following :
EXCESS COMM ~RCtAL GENERAL LIABILITY POLICY
SCHEDULE N a m e of P e rson or Organization :
We waive any right of recovery we may have aga insk the person or organ i zation shown in the Schedule a b ove because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the 'products-completo operations hazard" . This waiver applies only to the person or organizati on shown in the Schedule above.
Authorize d Agent
~._..!
XS-6W34 (09195) Ptd- in U .S .A .
Case 1:10-cv-02162-WSD Document 1-2
POLICY NUMBER : XSL G21732850
Filed 07/13/10 Page 41 of 52
E NDT. #1 3
AMENDMENT OF LIQUOR LIABILITY EXCLUSION
Racetrac Petroleum, Inc . Policy N umber Policy Period Policy Symbol XSI, 621732850 06/Oi/2tl0El issued By (Name of Insurance Company)
Insert the policy number. The remainder of the information is to be co
to
06/01/2007
13 Effective Date of os/o 1/ 2oos
only when this endorseme n t is issued subsequent to the preparation of the policy.
THIS ENDORSEMENT CHA NGeS THE POLICY . PLEASE READ IT CAREFULLY .
This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL L IABI LITY COVERAGE FORM EXCESS CO MM ERC IAL GE N ERAL LIABILITY POL ICY
Exclusion 2 .c. of COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE is replaced in its entirety by the following: c . "Bodily injury or property damage" arising out of any alcoholic beverage sold, served or furnished while any required license is suspended or after such license e xpires, is cancelled or revoked .
Authorized Agent
~ti~
LO-6X27 Ptd . In L1 .S:A .
Case 1:10-cv-02162-WSD Document 1-2
POLICY NUMBER: X S L G21732850
Filed 07/13/10 Page 42 of 52
ANDY. #14
NOTiFICAT ON OF PREMIUM ADJUSTMENT
s Named Insured Racetrac Petroleum, Inc . Policy Symbol Policy Number XSL G2 1 732850 Issued By (Name of Insurance Cam ACE American Insurance C Insert thepolicvnumber . The remainder of.1h
E nd orsem ent Number 14 Pen d Effective Date of Endorsement 06/01/2 Policy ;06 to 06/01/2007 06/01/2006
to t he oreaararion of the
THIS ENDORSEMENT CHA 14 GES THE POLICY . PLEASE READ IT CAREFULLY. This endorsement mo0ifi es insurance provided under the followi ng ; COMMERCIAL EN E RAL LIABILITY COVERAGE PART BUSINESS AUTO COVERAGE PART TR CKERS COVERAGE PART MO'TO CARRIER COVERAGE PART G RAGE COVERAGE PART CONTRACTUAL INDEMNI COVERAGE PART OCCURRENCE CORRIDOR CONTRACTUAL 1NUEM TTY COVERAGE PART SLIDING ATTACHMENT CONTRACTUAL INDEMNITY OVERAGE PART DEDUCTIBLE REIMBURSEMENT
For the states and lines of business in which degulatory approval has been granted for the NCCt Large Risk Alternative Rating Option, the 1ST Large Risk Alternat ive ~ating Option, or the independently filed ACE Large Risk Rating Ptan, the premi ums for this-policy will be adjusted in acco¢dance with the Notice of Election, signed by you .
Authorized Agent
e
Case 1:10-cv-02162-WSD Document 1-2
POLICY NUMBER: XSL G21732850
Filed 07/13/10 Page 43 of 52
ENDT. #15
OF
Named Insured
Racetrac Petroleum, Inc_ Policy Symbol Policy Number XSL G21732 850 I Issued By (Name of Insurance Q ACE Americas In s ura n ce insert the Uolicv number. The remainder oa Policy Pen Ofi/01/2 pany)
to
)ER DISCLOSURE NOTICE M INSURANCE COVERAGE
Endorsement Number 15 to 0 6/ 01 /2 007
Effective Date of Endorsement 06/01/2006
to the preaaration of the
THIS ENDORSEMENT CHAN IGES THE POLICY . PLEASE READ IT CAREFULLY .
You should be aware that under the Terrorism Ri s Insurance Act (the Act), any losses resulting from certified acts of terrorism under your existing coverage may be partially rei burred by the United States Government under a formula establ ished by federal law (appl i cability is subject to the terms an conditions of each indivi dual policy) . The Act was specifically designed to address the ability of businesses and individual o obtain property and casualty insurance for terrorism and to protect consumers b y addressing market disrupt i ons and sure the continued availabil ity of terrorism coverage . Under the terms of the Act, you may now have terrorism . As defined in Section 102(1) of the Act: the Treasury, in concurrence with the Secretary terrorism; to be a violent act or an act that is dan k withi n th e United States, or outside th e United Sty mission ; and to have been committed by an indivi as part of an effort to coerce the civilian populatic United States Government by coercion e right to purchase insurance coverage for losses resulting from acts of ie term "act of terrorism" means any act that is certified by the Secretary of f State, and the Attorney General of the United States to be an act of rous to human life, property ; or infrastructure ; to have resulted in damage s in the case of an air carrier or vessel or the premises of a United States gal or individuals acting on behalf of any foreign person or foreign interest, of the United States or to influence the policy or affect the conduct of the
Responsibility for Compensation under the Act isl shared between insurance companies covered by the Act and the United States Government- Under the formula set forth i the Act, the United States Government pays 90% (85% in 2007) of covered terrorism losses exceeding the statutorily establ 3~ed deductible, which is paid by the insurance company providing the coverage . We are providing you with the terrorism coverage required by the Act . The premium for the coverage is set forth below. Terrorism Risk Insurance Act premium: $
REDAC*ED
Auth orize d Agent
c
Case 1:10-cv-02162-WSD Document 1-2
P OLICY NUMBER; XSL G2 1 T32859
Filed 07/13/10 Page 44 of 52
Ei+f DT. #16
WAR LIABILITY EXCLUSION
Named Insured Racetrac Petroleu m , Inc . Endorsement N umber 16
Policy Symbol Policy Number Policy Pen d Effective Date of Endorse m o XSL 621732850 06/ 0 1/2 fl6 to 06/01/2007 06/01/2006 Issued By (Name of Insurance Company) ACE Amer i can I nsurance Company
I nse rt t h e tic number. Th e remainder oP the info rm ation i s ta t completed oral when th is e ndorsement i s issued sub s u erit to the preparation of
THIS ENDORSEMENT CHA N GES THE POLICY . PLEASE READ IT CAREFULLY. This e nd o rsem ent m 4tlifies insuranc e provided under the follow ing : EXCESS COMMERCIAL GENERAL LIABILITY POLICY
A. Exclusion i, under Paragraph 2 ., Exclusions of Sect ion 1 - Cove rag e A - Bodily Injury A nd P ro pe rty D amage Li ability is replaced by the following : 2. Exclus ions this insurance does not apply to : War 'Bodily inju ry " or "propert y damage, h owever ca used, arising, di rectly or in d irectly, out o f: , 9) (2) War, including und eclared or c ivil war, or Warlike action 'by a miiitaijy force, including. action in hindering or d efending against an actual or expected a ttack, by any g4ve mmeM, sovereign or other a uthority using m ilitary personn el or oth er age nt s; or Insurrection, rebel lio n, re~oiutio n , u surped p ower, or action tak en by gove rn mental authority in h indering or defending ag ai n st any of these .
(3)
B_ The following exclusion is added to Paragraph 2., Exclusions of Section I - Coverage B - Personal And Advertising Injury Liability : 2. Exclu sions This insu ra nce does not apply to: WAR " P e rson al and ad vertisin g injury", however ca u sed , aris ing , directly or ind irectly, out of. J a) (b) (c) War, including und eclared or av4 war, or Warlik e action by a m i lita ry force{, including action in hi ndering or defe nd ing ag ai n st an actual or expected attack, by any government, sovereign o r oth er authority u sing milita ry p ersonnel or oth er agents ; or I nsu rrection, rebellion , revol ution, us ur pe d p ower, or action taken by governmental authority in hind ering or defendi ng a gain st any of th ese .
Authorized Agent
Case 1:10-cv-02162-WSD Document 1-2
POL ICY N U MB E R : XSL G21732850
Filed 07/13/10 Page 45 of 52
ENT . #17
FLORIDA CHANGE - CANCELLATION AND NONRENEWAL
Named Insured Inc . Endorsement Number 17
Racetrac Petroleum,
Policy Symbol Poiicy Number Policy Pe od Effective Date of Endo XSL 621,732850 fl6/OI/ 006 to 06/01/2007 'OS/U1/2U06 Issued By tName of Insurance Company) ACE American Insurance Company
the ualicv numb er . The remai n der of
THIS ENDORSEMENT C
If th e policy or coverage pa rt to which this e nd oi the Named I nsu red than this endorsemen t , then
THE POLICY. PLEASE READ IT CAREFULLY.
i t applies conta i ns cancellation or nonrenewal p rovisi o ns more favorable to provisions apply.
L The Cancellation condition is replaced by the 1~pllowing : A . Cancellation 1 . T he first Named insured shown i n ihe Declarations may cancel this policy by maili ng or delivering to us advanc e written notice of cancellation2. A . CANCELLATION FOR P OUCitS IN EFFECT 90 DAYS OR LESS If this policy has been in efFE first Named insured written r 1 . 10 days before the effect 2 20 days before the effec immediately if there has (a) A material misstate (b) A failure to comply B. CANCELLATION FOR POLL for 90 days or less, we may cancel this policy by mailing or deli verin g to the :e of cancell ation, accompanied by the reasons for cancellation, at least: date of cancella tion if we cancel for nonpayment of premium . date of cancellation if we cancel for any other reason, except we may cancel
or misrepresentation ; or underwriting requirements established by the insurer. IN E FFECT FOR M ORE THAN 90 DAYS
If th is 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 obtai ned by ~ a material misstatement; 3. There has been failure to comply with underwriting requ irements within 90 days of the effective date of coverage; 4. There has been a substan tial change in the risk covered by the policy ; or
5 . The cancellation is for all irtsureds under such policies for a given class of insureds . If we cancel th i s policy for ari}f 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 eff~ctive date of cancellation if cancellation is for the reason stated in Paragraph 2 .a above ; or i (b) 45 days before the effective date of cancellation if cancellation is for the reasons stated in 2 .b, c, d or e above .
LD-2S57b (OZ /fl1) Printed in U .S .A.
Page 1 of 2
Case 1:10-cv-02162-WSD Document 1-2
Filed 07/13/10 Page 46 of 52
3_ We will mail or deliver our
to the first Named Insured's last mailing address known to us.
4. Notice of cancellation will s de the effect i ve date of cancellation . The policy period wi l l end on that date . 5. if this policy is cancelled, % will send the first Named Insured any premium refund due _ If we cancel, The refund will be pro rata. If i e first Named insured can cels , the refund may be less than pro rata . The cancell ation will be effectiv even if we have not made or offered a r efund , 6 . If notice is mailed, proof of iailing will be sufficient proof of notice . i1. The following Condition supersedes N ONR E N EWAL A, It we decide not to renew this policy, we wig mail or deliver to t he first Named Insured written notice of nonrenewal, accompanied by th reason for nonrenewal, at least 45 days prior to the expiration of this policy . 'm B . Any notice o f nonrenewal will be mailed or delivered to the first Named Ins red's last mailing address known to us . If notice is mailed, proof o f r~aihng will be sufficient proof of notice . Re newal Notification. If we elect to renew this policy, we will let you know, in writing : a. Of our decision to renew this pol~cy; and b . The amount of renewal premiurr~ payable to us . This notice Will be delivered to you ~ mailed to you at your mailing address shown in the Declarations at least 45 days before the expiration date of thi$ policy . Proof of mailing will be sufficient proof of notice . other provisions to the contrary :
V-3
Authorized Agent
LD-2S57b (02101)
Includes copyrighted mate rial of In surance S ervices Office Inc., witb its permission
Page 2 of 2
Case 1:10-cv-02162-WSD Document 1-2
PO LI CY NU MBER: XSL G21732850
Filed 07/13/10 Page 47 of 52
ENDT . #18
GEORGIA CHANG
Named I nsured
Racetrac Pe tro leum , Inc .
- CANCELLATION AND NONRENEWAL
End orse m e nt fl u 18 Effective date of 06/01/2006
Pol icy Symbol Fancy N umber
Po licy Pe od
XSL 621732850 06 / 01 / 00 6 to 06/01/2007 Issued By (Name of Insurance Company) ACE American Insurance Co mvz
I n sert th e Doi ECV nu mber. T he remai n der of the information +s
the preparation of the
THIS ENDORSE M ENT CHARGES THE POLICY . PLEASE READ IT CAREFULLY.
If the policy or coverage part to which this endorsement applies contains cancellation or nonrenewal provisions more favorable to the Named Insured than this endorsement, then t*Se provisions apply . I . The Cancellation condition is replaced by the f6ilowing : A. Cancellation t . The first Named Insured s hown in the ne~larations may cancel this policy by mailing or deliver ing to us advance wr itten n otice of ca n ce lla tio n sta ting a future d ate on wh i ch the policy i s to be cancell ed , subject to th e following: a. t# only the interest of the first Named Insured is affected, the effective date of cancellation will be ei ther the date we receive notice from the first Named cured or the date sp ecified i n the notice , whichever is later. However, upon rece iving a written notice of cancel3 lion from the first famed Insured , we may waive the requirement that the ancellati on i n writing to the first notice state the future date of can IlaUon , by confi rming the date and time of c Named Insured . !f by statute, regulation or contr ) this poli cy may not be cancelled unle ss notice is given to a governmental act agency , mortgagee or other third pa y , we will mail or deliver at lea s t 10 days noti ce to the first Named Insured and the third party as soon as psaeticai~l after rec eiv i ng the first N amed insured's request for cancellation. Our notice will state the effective date of cancel tion, which will be the later of the followring : (1 ) 10 days from the date of ma iling ~ af deliv e ring our notice , or ( 2)
C.
b.
The effective date of cancell a tion state d i n the first Na med Ins ured's n oti ce to us .
Prem i um Refund (1) If this policy is cancelled , we will send the first Named Insured a ny premi um refund due . (2) If we cancel, the refund will be fro rata, exce pt as provi d ed in c . b elow . (3) i f the cancellation res ults from iiure of the first N ame d Insu red to pay, wh en due, any premium to us or any amount, when due, u n der a remium finance agreement then t h e refu nd may be less tha n pro rata . Ca lc ulation of the return premiu at less th an p ro rata represents a penalty charge d on u nea rned prem i um . (4) irst If the f Nam e d ins ured ca nceMs, th e refund may be l ess tha n pro rata.
2.
We may cancel this pol icy by mailing or d4livesing to the first Named Insured wri tten notice of canceltation at least : a _ 10 da ys before the effective date of *cellation if we cancel for nonpayment of p remium ; or i b . 30 d ay s before the effective date of cancel la tion if we ca n ce l for an y other reaso n .
3.
We wil l mai l or deliver our n ot ice to the firs N amed Insured's last mai lin g address known to u s.
iD 2S58c (02103) Feinted in USA
Page 'i of 2
Case 1:10-cv-02162-WSD Document 1-2
Filed 07/13/10 Page 48 of 52
4.
Notice of cancellati on will state the eifec$tive date of cancellation . The policy period will end on that date .
5 . # this policy is cancelled, we will send e first Named insured any premium refund due . If we cancel, the refund will be pro rata. If the first Named Insur d cancels, the refund may be less than pro rata . The cancellation will 'be effective even if we have not made or o eyed a refund . 6 . If notice is mailed , proof of mailing will sufficient proof of noti ce . 11 . The following Condition supersedes any oth r provisions to the contrary: If we deci de to. 1 . Cancel or nonrenew this policy; or 2. increase current policy premium by rr0ore than 95% (other than any increase due to change in risk, exposure or experience modification or resulting frorh an audit of auditable coverage(s) ; or 3 . Change any policy provision which would limit or restrict coverage ; Then : We will mail or deliver notice of our action (}ncluding the dollar amount of any increase in renewal premium of more than 15%) to the first Named insured and lienholder, if any, at the last mailing addresses known to us . We will mail or deliver notice at least. 1. 1 0 days be fore the effective date of cancellation i f this po licy h as been in effect l ess than 60 days or if we ca n cel for n on payment of prem ium ; or 1 2 . 45 days before the effective date of ca ceHation 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 .
A uthorized Agent
0
LD-2S58c (02/01) Includes capyrigFited material of insurance Servi ces Offi ce Inc., with its pe rmissi o n Page 2 of 2
POLI C Y NUMBER : XSL G21732850
Case 1:10-cv-02162-WSD Document 1-2
Filed 07/13/10 Page 49 of 52
E NDT_
#19
LOUISIANA CHANG S -- CANCELLATION AND NONRENEWAL
Named insured
Racetrac Petroleum, Inc . Pol icy Number Policy Pe ' Policy Symbol Effective XSL 6217328 5 0 106/01/2006 to 06/01/2007 Issued By (Name of Insurance Company) ACE American I n su rance Comp Insert the pol icy number. The remain d er of the inform
Endorseme nt Number
19 Date of Endorsement 06/01/2006
THIS ENDORSEMENT CHANCES THE POLICY . PLEASE READ IT CAREFULLY .
If the policy or coverage dart to which this endor meet applies contains cancellation or nonrenewal provisions more favorable to the Named Insured than this endorsement, thel those provisions apply . 1 . The Cancellation Condition is replaced by the ~ollowing : A. Cancellation 1 . The first Named insured shown in the I Declara#ions may cancel this policy by mail ing or delivering to us advance written notice of cancellation . 2. a . CAN CELLATION OF POLICIES 0 EFFECT FOR FEWER THAN 60 DAYS AND NOT RENEWALS . If this policy has been in effect f~ fewer than 60 days and is not a renewal of a policy we i ssued , we may cancel th i s policy for any reason , s object to the following: (1) Cancellation for nonpayment o(premium We may cancel this policy by at least 30 days before the ei (2) Cancellation for any other We may cancel this policy by at least 60 days before the el b . CANCELLATI O N OF RE N EWAL I or delivering to the first Named Insured written notice of cancellation date of cancellation ES AND NEW POLICIES IN EFFECT FOR 60 DAYS OR MORE I or delive ring to th e fi rst N a med Ins u red w ritten n otice of cancellatio n date of cancellation.
If this policy has been in effect for 0 days or more, or is a renewsl of a policy we issued, we may cancel only for one or more of the following rea ons : (11 Nonpayment of premium ; (2) Fraud or material misrepresentation made by you or with your knowledge in obtaining the policy, continuing the policy, or in pres~ting a claim under the poficy ; (3) Activities or omissions by you v4hich change or increase any hazard insured against ; (4) Change in the risk which incr ses the risk of loss after we issued or renewed this policy inducting an increase in exposure due to re~la6on,legislation, or court decision; (5) D etermination by th e Commissi on er of Ins ura n ce that the continuation of this policy would jeopardize our solven cy or wou ld pl ace us in vio lation of the insura n ce laws of this or any other st a te; (6) The ins ure d 's vi o l ation or bread of any poli cy term s o r conditi ons ; or (7) A ny oth er rea son that are approve d by th e C omm issione r of Insura nce.
wi th its permission
Case 1:10-cv-02162-WSD Document 1-2
Filed 07/13/10 Page 50 of 52
We will mail or deliver written (a) 10 days before the effective (b) 30 days before the above. 3 . We will mail or deliver our notice to 4. Notice of cancellation will state the 5. If this policy is cancelled, we will and e2. The ca n cel l ation will be
of cancellation u nder this item 2_ to the firs t named Insured at least: of cancellation if we cancel for nonpayment of premium; or date of cancellation if we cancel for a reason described i n 2 . a _ through g _ first Named Insured ' s last mailing address known to us . date of cancellafian . The poficy period wi!l end on that date . the first Named Insured any premium refund due , subj e ct to paragraphs e . 1 _ Live even if we have not made or offered a refund .
a. If we cancel, the refund will be pro rata _ b. !f the first Named i nsured cancels the refu nd may be less than pro rata, and wi ll be sent to the first t amed Insu re d with i n 30 days after the effective d ate of cancel lation. 6. If notice is mai l ed, proof of mailing wi# I be sufficie nt p roof of n otice. It. The fo llowing Condition supersedesany o ther provi sions to the contrary . NO NRENEW AL A. If we decide not to renew this policy, we Eli mail or deliver written notice of nonreneuvai to the first Named Insured, at the last address shown on the policy, a t ~ast 60 days before its expiration date, or its anniversary date if it is a policy written for a term of more than one year dr with no fixed expiration date . g. We need not mail or deliver this notice if 1 . We or anothe r compa ny within o u r insurance group have offered to issue a renewsl policy ; or 2. You have obtained replacement coverage or have ag reed in writing to obtain rep laceme nt coverage . C. Any notice of nonrenewa l will be mailed r delivered t o the First N a m e d Insured at the last mailing add ress known to us. If noti ce is mailed , proof of mai l ing wi~t be sufficient proof of no#ice. D. Our notice of n onrenewa l sh a ll i nc lud e t e Named Insure d's loss ru n information for the period th e pol icy h as been in force with us, but will not excee d the last three years of coverage. E. I f the nonrenewa l n otice is mailed less t* sixty days before expisation, .covesage witl re main in effect under the same terms a nd co nd ition s until sixty days a ft r notice is mail ed or delivered . Earned p remium for a n y period of coverage that extends beyond the expiration date all be considered p ro rata base d upon the previous year's rate . The t ransfer of a policyholder between companies in the sa me insura n ce group s hall not b e a refusal to re n ew. In addition , c h ang es i n the deductibl e, changes +n fe, cha ng es i n the amou nt of insura nce, or re ductions in policy limits o r covera g e shall not be refu sals to ren ew. ',
Authorized Agent
LD-2S66c (0812001) Printed in U .S .A. Includes copyrighte d m aterial of Insurance Services Office tnc_, with i ts permission
Page 2 of 2
P 0 U CY NUMBER : XSL G21732850
Case 1:10-cv-02162-WSD Document 1-2
Filed 07/13/10 Page 51 of 52
ENDT . #2 0
TEXAS CHANGES - C FOR CASUALTY t l
famed Insured Racetrac Petroleum, Inc .
:LLA710N AND NONRENEWAL PROVISIONS AND COMMERCIAL PACKAGE POLICIES
Endorsem e nt Numbe r 20 6 to 06/0 1 /20 0 7 Effective Date of e n dorsemen t 06/01/2006
Policy Symbol Policy Number Policy F XSL 623732854 06/ 01 Issued By (Name of Insurance Company) ACE American insurance Company
of the information is to
when t his endorseme n t is
to the
THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY.
1 . The Ca n cel lati on Condition is replaced by the following : 1 . Th e first Na med Insured shown in the Declarations m ay cancel t his policy by mailing or deli vering to us advance written noti ce of cancel l ation . 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation, stating the reason for cancellation, at least 10 days b$fore the effective date of cancellation . However if this policy cove rs a condominium association , and the condominium property conta i ns at least one residence or the cond ominium declarati s conform with th e Te xas Uniform Condominium Act , then the notice of cancellation, as describ ed a bove , will i3e provided to the f irst Named Insured 30 days before the effective date of cancellation . We will also provide 30 d~ys' written notice to each unit -owner to whom we issued a certificate or memorandum of insurance , by mailing or I+vering the noti ce to ea ch last mailing address known to us . The permissible reasons for cancellation are as follows : a . 1# this policy has been in effect for 60 ~ys or less, we may cancel for any reason except, that under the provisions of the Texas Insurance Code, we may of cancel this policy solely because the policyholder is an elected official . b. If this policy has been in effect for mt~r than 60 days, or if it is a renewal or continuation of a policy issued by us, we may cancel only for one or more of Ihe following reasons : {1) Fraud in obtaining coverage ; (2) F ailure to pay premiums when due ; (3) An increase i n hazard within the control of th e in sured which would produce an increase in rate ; (4) Loss of our reinsurance covering aj or part of t h e risk covered by the p olicy ; or (5) If we h ave been placed in r oper+ion , conse rvato rsh ip o r receivership and the cance llation is approved or di rected by the supe rvisor, conserve#4r or receiver . 3. We wi ll m ail or d eliver our notice to the fir4 l Na med Insured's last mailing address known to us_ 4 . Noti ce of cancella ti on wil l state the effediw~ d ate of cance ll ation. The policy p eriod wi ll end on that dat e_ 5. if th is policy is cancelled, we will se nd the fi~s# Named Insured any p remium refund due . 1 f we ca ncel, the refund wilt b e pro rata . If th e fi rst N am ed Insured cance~s, th e refund may be less tha n pro rata . The cancellation will be effective e ven i f we have not made or offere d a refun d. 6. If notice is mailed, proof of m ail ing will be sufficient p roof of notice . If . The following Condition supersedes any provis~on to the contrary : NONRENEWAL 9 . We may elect not to renew thi s policy exce~t, th at under th e pro visions of the Texas I n su rance Code, we may not refuse to ren ew thi s policy solel y beca u se toe policyholder i s an el ected o fficial. with its permission
Case 1:10-cv-02162-WSD Document 1-2
Filed 07/13/10 Page 52 of 52
Z. This Paragraph 2 . , applies unless the poli~y qualifies under Paragraph 3 . below . If we elect not to renew this policy, we m y do so by mai ling or delivering to the first Named Insured, at the last ma iling address known to us, written notice of lonrenewal , stating the reason for nonrenewal, at least 60 days before the .~~ expiration date. If notice is mailed or de vexed less than 60 days before the expiration date, th is policy will remain in ~ ~ effect until the 62 5' day after the date on which the not i ce is ma i led or delivered- Earned premium for any period of coverage that extends beyond the expiration date will be computed pro rata based on the previous year' s premium .. 3 . If this pol icy covers a condominium assa 'ati o n, and the condominium property contains at least one residence or the condominium declarations conform with the Texas Uniform Condomin ium Act, then we wi ll ma il or deliver written notice of nonrenewal , at least 30 days before th expiration or anniversary date of the policy, to: a. The first Named Insured : a n d b. Each unit-owner to whom we issued A certificate or memorandum of insurance . We will mail or deliver such notice to 4. It notice is mailed, proof of mailing will be 5 . T h e transfer of a policyholde r between refusal to renew _
mailing address known to us .
proof o f notice .
companies within the same insurance group is not considered a
Authorized Agent
I
LD -2S89a (02/09)
Includes copy ghted material of Insurance Services Offi ce Inc. , with i ts permission
Page 2 of 2

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