AMERRAM-04 KKELLER
ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 9/21/2022
HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI
ERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE
REPRESENT REAL CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED No, Ext): (417) 623-7500 [AC. No): (417) 623-0902
Ass: [email protected]
INSURERS) AFFORDING COVERAGE NAIC #
SURER A : Gemini Ins Compan 10833
INSURED SURER B: CINCINNATI INSURANCE COMPAN 10677
American Ramp Company INSURER C: Axis Surplus Insurance Company 26620 601 McKinley Ave INSURER D:
Joplin, MO 64801
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
ERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM XCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM:
INSR
TR TYPE OF INSURANCE ISO WV POLICY NUMBER LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000 CLAIMS-MADE X OCCUR xX VMGP004575 5/22/2022 | 5/22/2023 DAMAGE TO RENTEL 100,000 REMISES (Ea occurrence
5,000
MED EXP (Any one person)
PERSONAL & ADV INJURY 1,000,000
GENL AGGREGATE LIMIT APPLIES PER: 2,000,000
GENERAL AGGREGATE
POLICY X FEE LOC 2,000,000
PRODUCTS - COMP/OP AGG
OTHER.
AUTOMOBILE LIABILITY GO BENER SINGLE LIMIT 1,000,000
X ANY AUTO XX EBA0578745 5/22/2022 5/22/2023 BODILY INJURY (Per person) AUTOS ONLY BODILY INJURY (Per accident)
AUROS ONLY
VA 69 4,000,000
UMBRELLA LIAB OCCUR EACH OCCURRENCE
EXCESS LIAB CLAIMS-MADE X X P00100035789103 5/22/2022 5/22/2023 AGGREGATE 4,000,000 X RETENTIONS 0 PICO Aggregate 4,000,000
DED $
ORKERS COMPENSATIO I STATUTE
VD EMPLOYERS' LIABILIT
YIN
E.L. EACH ACCIDENT $
Randalong A REAL EXECUTE NIA
E.L. DISEASE - EA EMPLOYEE $
DETONATION below E.L. DISEASE • POLICY LIMIT $
RE: Project described as city of Richmond World, delonal Remarks Schedule, may be attached if more space is required) CG2010 (1219); CG2037 (1219); VE0973 (0420); CG2404 (1219); AA288 (0620); AXIS1010402 (0417); AXIS1010461 (0417);
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Richmond ACCOROANCE WITH TRE POLICY PROVISIONSCE WILL BE DELIVERED IN 40 Civic Center Plaz
ichmond, CA 94804-004
AUTHORIZED REPRESENTATIVE
Kendrakla
ACORD 25(2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Policy Number: VMGP004575 CG 20 10 12 19
Number: 38 Effective Date: 05/22/2022
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
Commercial General Liability Coverage Part
Schedule
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
1. Any person or organization when you and such person or 1. All locations for which you and any person or organization organization have agreed in writing in a contract, prior to an occurrence have agreed in writing in a contract, prior to an occurrence that that causes "bodily injury", "property damage" or "personal injury and causes "bodily injury", "property damage" or "personal injury advertising injury", that such person or organization be added as an and advertising injury", that such person or organization be additional insured on your policy; and added as an additional insured on your policy; and
2. Any other person or organization you are required to add as an 2. All locations for which you and any other person or additional insured under the contract or agreement described in organization you are required to add as an additional insured Paragraph 1. Above. under the contract or agreement described in Paragraph 1.
Above.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) additional insureds, the following additional or organization(s) shown in the Schedule, but exclusions apply:
only with respect to liability for "bodily injury",
"property damage" or "personal and advertising This insurance does not apply to "bodily injury" injury" caused, in whole or in part, by: or "property damage" occurring after:
1. Your acts or omissions; or 1. All work, including materials, parts or
2. The acts or omissions of those acting on equipment furnished in connection with such your behalf;
in the performance of your ongoing operations
for the additional insured(s) at the locations)
designated above.
However: 2. That portion of "your work" out of which the
1. The insurance afforded to such additional injury or damage arises has been put to its insured only applies to the extent permitted intered use by any person or train ion by law; and subcontractor engaged in performing
2. If coverage provided to the additional same rose for a principal as a part of the insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.
CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III - Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured is
the amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase
applicable limits of insurance.
All other terms and conditions of this Policy remain unchanged.
CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 2 of 2 Policy Number: VMGP004575 CG 20 37 12 19
Number: 43 Effective Date: 05/22/2022
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
Commercial General Liability Coverage Part
Schedule
Name Of Additional Insured Person(s) Location And Description Of Or Organization(S) Completed Operations
1. Any person or organization when you and such 1. All locations for which you and any person person or organization have agreed in writing in a or organization have agreed in writing in a contract prior to an occurrence that causes "bodily contract, prior to an occurrence that causes "property damage" or "personal injury and 'bodily injury", "property damage" or "personal advertising injury", that such person or organization injury and advertising injury", that such person be added as additional insured on your policy; and or organization be added as an additional insured on your policy; and
2. Any other person or organization you are required
to add as an additional insured under the contract or 2. All locations for which you and any other agreement described in Paragraph 1. Above. person or organization you are required to add as an additional insured under the contract or
agreement described in Paragraph 1. Above.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to coverage provided to the additional include as an additional insured the person(s) or insured is required by a contract or organization(s) shown in the Schedule, but only agreement, the insurance afforded to such with respect to liability for "bodily injury" or
additional insured will not be broader than
"property damage" caused, in whole or in part.
by "your work" at the location designated and that which you are required by the contract described in the Schedule of this endorsement or agreement to provide for such additional performed for that additional insured and insured.
included in the "products-completed operations
hazard".
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 B. With respect to the insurance afforded to these 1. Required by the contract or agreement; or additional insureds, the following is added to 2. Available under the applicable limits of Section III - Limits Of Insurance: insurance;
If coverage provided to the additional insured is whichever is less. required by a contract or agreement, the most
we will pay on behalf of the additional insured is This endorsement shall not increase the the amount of insurance: applicable limits insurance.
All other terms and conditions of this Policy remain unchanged.
CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 2 of 2 Policy Number: VMGP004575 VE 09 73 04 20
Number: 56 Effective Date: 05/22/2022
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
Commercial General Liability Coverage Part
The following is added to the Other Insurance Condition and supersedes any provision to the contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek contribution from any other Commercial General Liability insurance available to an additional insured under your policy, but only if:
(1) The additional insured is a Named Insured under such other Commercial General Liability insurance; and
(2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other Commercial General Liability insurance available to the additional insured.
Coverage granted to an additional insured remains subject to all terms, conditions, limitations, and exclusions set forth in the endorsement form that conferred the additional insured status. In the event of conflict between this endorsement and an endorsement conferring additional insured status, then the endorsement conferring additional insured status shall govern the scope of coverage available to the All other terms and conditions of this Policy remain unchanged.
VE 09 73 04 20 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1 with its permission
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CinciPlus®
BUSINESS AUTO XC+®
(EXPANDED COVERAGE PLUS)
ENDORSEMENT
This endorsement modifies insurance provided by the following:
BUSINESS AUTO COVERAGE FORM
With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unles nodified by this endorsement.
A. Blanket Waiver of Subrogation This provision does not apply unless the valid written contract has been:
SECTION IV - BUSINESS AUTO CONDI-
TIONS, A. Loss Conditions, 5. Transfer of 1. Executed prior to the accident causing Rights of Recovery Against Others to Us is "bodily injury" or "property damage"; and amended by the addition of the following:
2. Is still in force at the time of the "accident"
We waive any right of recovery we may have causing "bodily injury" or "property dam- against any person or organization because of age".
payments we make for "bodily injury" or
"property damage" arising out of the operation D. Employee Hired Auto of a covered "auto" when you have assumed 1. Changes in Liability Coverage liability for such "bodily injury" or "property
damage" under an "insured contract", provid- The following is added to the SECTION II ed the "bodily injury" or "property damage" oc- - LIABILITY COVERAGE, A. Coverage, curs subsequent to the execution or the "in- 1. Who is an Insured:
sured contract".
An "employee" of yours is an "insured"
B. Noncontributory Insurance while operating an "auto" hired or rented under a contract or agreement in that
SECTION IV - BUSINESS AUTO CONDI- "employee's" name, with your permission, TIONS, B. General Conditions, 5. Other In- while performing duties related to the surance c. is deleted in its entirety and re- conduct of your business. placed by the following:
2. Changes in General Conditions
c. Regardless of the provisions of Par-
agraph a. above, this Coverage SECTION IV - BUSINESS AUTO CON- Form's Liability Coverage is primary DITIONS, B. General Conditions, 5. and we will not seek contributior Other Insurance is deleted in its entirety from any other insurance for any lia- and replaced by the following:
bility assumed under an "insured
contract" that requires liability to be b. For Hired Auto Physical Damage assumed on a primary noncontributo- Coverage the following are deemed to be covered "autos" you own:
ry basis.
(1) Any covered "auto" you lease
C. Additional Insured by Contract hire, rent or borrow; anc SECTION II - LIABILITY COVERAGE, A. (2) Any covered "auto" hired or Coverage, 1. Who is an Insured is amended rented by your "employee" under o include as an insured any person or organi
ration for whom vou have agreed in a valic a contract in that individual "em- written contract to provide insurance as af- ployee's" name, with your per- forded by this policy. mission, while performing duties related to the conduct of your
This provision is limited to the soope of the business. valid written contract.
Indudes copyrighted material of ISO
AA 288 06 20 Properties, Inc., with its permission. Page 1 of 4 However, any "auto" that is leased, a. Is effective on the date of acquisition hired, rented or borrowed with a driver or formation, and is afforded for 180 is not a covered "auto". days after such date;
E. Audio, Visual and Data Electronic Equip- b. Does not apply to "bodily injury" or ment "property damage" resulting from an
"accident" that occurred before you
SECTION III - PHYSICAL DAMAGE COV- acquired or formed the organization; ERAGE, C. Limit of Insurance is amended
by adding the following: c. Does not apply to any newly acquired or formed organization that is a joint
4. The most we will pay for all "loss" to au- venture or partnership; and dio, visual or data electronic equipment
and any accessories used with this d. Does not apply to an insured under equipment as a result of any one "acci- any other automobile liability policy or dent" is the lesser of: would be an insured under such a policy but for the termination of such
a. The actual cash value of the dam- policy or the exhaustion of such poli- aged or stolen property as of the time cys limits of insurance. of the "accident",
3. Any of your "employees" while using a
b. The cost of repairing or replacing the covered "auto" in your business or your damaged or stolen property with oth- personal affairs, provided you do not own, er property of like kind and quality; or hire or borrow that "auto". c. $2,500. G. Liability Coverage Extensions - Supple-
Provided the equipment, at the time of the mentary Payments - Higher Limits "loss" is:
SECTION I| - LIABILITY COVERAGE, A.
a. Permanently installed in or upon the Coverage, 2. Coverage Extensions, a. Sup- covered "auto" in a housing, opening plementary Payments is amended by:
or other location that is not normally 1. Replacing the $2,000 Limit of Insurance used by the "auto" manufacturer for for bail bonds with $4,000 in (2); and the installation of such equipment;
2. Replacing the $250 Limit of Insurance for
b. Removable from a permanently in- reasonable expenses with $500 in (4). stalled housing unit as described in
Paragraph 2.a. above; or H. Amended Fellow Employee Exclusion c. An integral part of such equipment. SECTION II - LIABILITY COVERAGE, B. Ex- clusions, 5. Fellow Employee is modified as
F. Who is an Insured - Amended follows:
SECTION II - LIABILITY COVERAGE, A. Exclusion 5. Fellow Employee is deleted.
Coverage, 1. Who is an Insured is amended
by adding the following: Hired Auto - Physical Damage
The following are "insureds": If hired "autos" are covered "autos" for Liability Coverage, then Comprehensive and Collision
1. Any subsidiary which is a legally incorpo- Physical Damage Coverages as provided un- rated entity of which you own a financial der SECTION III - PHYSICAL DAMAGE interest of more than 50% of the voting COVERAGE of this Coverage Part are ex- stock on the effective date of this cover-
age form. tended to "autos" you hire, subject to the fol- However, the insurance afforded by this 1. The most we will pay for "loss" to any provision does not apply to any subsidiary hired "auto" is $50,000 or the actual cash that is an "insured" under any other au- value or cost to repair or replace, which- tomobile liability policy or would be an "in- ever is the least, minus a deductible. sured" under such policy but for termina-
tion of such policy or the exhaustion of The deductible will be equal to the largest such policy's limits of insurance. deductible applicable to any owned "auto" for that coverage, or $1,000, whichever is
2. Any organization that is newly acquired or less.
formed by you and over which you main-
tain majority ownership. The insurance 3. Hired Auto - Physical Damage coverage provided by this provision: is excess over any other collectible insur- ance.
Includes copyrighted material of ISO
AA 288 06 20 Properties, Inc., with its permission. Page 2 of 4
4. Subject to the above limit, deductible, and K. Transportation Expense - Higher Limits excess provisions we will provide cover-
SECTION III - PHYSICAL DAMAGE COV-
age equal to the broadest coverage appli-
cable to any covered "auto" you own in- ERAGE, A. Coverage, 4. Coverage Exten- sured under this policy. sions is amended by replacing $20 per day with $50 per day, and $600 maximum with
Coverage includes loss of use of that hired au- $1,500 maximum in Extension a. Transpor- to, provided it results from an "accident" for tation Expenses. which you are legally liable and as a result of
which a monetary loss is sustained by the L. Airbag Coverage leasing or rental concern. The most we will SECTION III - PHYSICAL DAMAGE COV- pay for any one "accident" is $3,000. ERAGE, B. Exclusions, 3.a. is amended by If a limit for Hired Auto - Physical Damage is adding the following:
shown in the Schedule, then that limit replac- However, the mechanical and electrical es, and is not added to, the $50,000 limit indi- breakdown portion of this exusion does not cated above and the deductibles shown in the apply to the accidental discharge of an airbag.
Schedule are applicable. This coverage for airbags is excess over any Rental Reimbursement other collectible insurance or warranty.
J.
SECTION III - PHYSICAL DAMAGE COV- M. Loan or Lease Gap Coverage ERAGE is amended by adding the following: 1. SECTION III - PHYSICAL DAMAGE
1. We will pay for rental reimbursement ex- COVERAGE, C. Limit of Insurance is penses incurred by you for the rental of deleted in its entirety and replaced by the an "auto" because of a "loss" to a covered following, but only for private passenger "auto". Payment applies in addition to the type "autos" with an original loan or lease, otherwise applicable amount of each cov- and only in the event of a "total loss" to erage you have on a covered "auto". No such a private passenger type "auto":
a. The most we will pay for "loss" in any
2. We will pay only for those expenses in- one "accident" is the greater of:
curred during the policy period beginning (1) The amount due under the terms 24 hours after the "loss" and ending, re- of the lease or loan to which gardless of the policys expiration, with your covered private passenger lesser of the following number of type "auto" is subject, but will not include:
a. The number of days reasonably re- (a) Overdue lease or loan pay- quired to repair the covered "auto". If ments;
"loss" is caused by theft, this number
of days is added to the number of (b) Financial penalties imposed days it takes to locate the covered under the lease due to high "auto" and return it to you; or mileage, excessive use or abnormal wear and tear;
b. 30 days.
(c) Security deposits not re-
3. Our payment is limited to the lesser of the funded by the lessor; following amounts:
(d) Costs for extended warran-
a. Necessary and actual expenses in- ties, Credit Life Insurance, curred; or Health, Accident or Disabil-
b. $50 per day. ity Insurance purchased
with the loan or lease; and
4. This coverage does not apply while ther (e) Carry-over balances from are for you ropesative "autos" available t previous loans or leases, or
5. We will pay under this coverage only that (2) Actual cash value of the stolen or damaged property.
b. An adjustment for depreciation and
physical condition will be made in de-
time of tossual cash value at the
Includes copyrighted material of ISO
AA 288 06 20 Properties, Inc.., with its permission. Page 3 of 4
2. SECTION V - DEFINITIONS is amended P. Unintentional Failure to Disclose Hazards by adding the following, but only for the
purposes of this Loan or Lease Gap SECTION IV - BUSINESS AUTO CONDI- Coverage: TIONS, B. General Conditions, 2. Conceal-
ment, Misrepresentation or Fraud is
"Total loss" means a "loss" in which the amended by adding the following:
cost of repairs plus the salvage value ex-
ceeds the actual cash value. However, if you unintentionally fail to disclose any hazards existing on the effective date of
N. Glass Repair - Waiver of Deductible this Coverage Form, we will not deny cover- age under this Coverage For because of
SECTION III - PHYSICAL DAMAGE COV- such failure.
ERAGE, D. Deductible is amended by adding
the following: Q. Mental Anguish Resulting from Bodily Inju- ry
No deductible applies to glass damage if the
glass is repaired in a manner acceptable to us SECTION V - DEFINITIONS, C. "Bodily inju- rather than replaced. ry" is deleted in its entirety and replaced by Duties in the Event of an Accident, Claim, the following:
o.
Suit or Loss - Amended "Bodily injury" means bodily injury, sickness or disease sustained by a person, induding men-
SECTION IV - BUSINESS AUTO CONDI- tal anguish and death sustained by the same TIONS, A. Loss Conditions, 2. Duties in the person that results from such bodily injury, Event of Accident, Claim, Suit or Loss, a. is sickness or disease. "Bodily injury" does not amended by adding the following: include mental anguish or death that does not This condition applies only when the "acci- result from bodily injury, sickness or disease. dent" or "loss" is known to:
R. Coverage for Certain Operations in Con-
1. You, if you are an individual; nection with Railroads With respect to the use of a covered "auto" in
2. A partner, if you are a partnership;
operations for or affecting a railroad:
3. An executive officer or insurance manag-
er, if you are a corporation; or 1. SECTION V - DEFINITIONS, H. "Insured contract", 1.c. is deleted in its entirety and
4. A member or manager, if you are a lim- replaced by the following:
ited liability company.
c. An easement or license agreement;
2. SECTION V - DEFINITIONS, H. "Insured
contract", 2.a. is deleted.
Includes copyrighted material of ISO
AA 288 06 20 Properties, Inc., with its permission. Page 4 of 4
AXIS EXCESS INSURANCE
AXIS
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered.
Except for section and paragraph headings, all words in bold have a special meaning as set forth in the section entitled DEFINITIONS. Titles are provided for informational purposes only and do not have special meaning. The word "Insured" means the persons or entities set forth in the section entitled Who is an Insured. The words "we", "us" and "our" refer to the Insurance Company set forth in the Declarations.
In consideration of the payment of premium and in reliance upon all statements made and information furnished to the Insurer in the application, and subject to all of the terms, conditions, and limitations of this policy and any endorsements thereto, the First Named Insured and we agree as follows:
INSURING AGREEMENTS
We will pay that part of loss, up to the Limits of Insurance and in excess of the applicable underlying insurance, that the Insured becomes legally obligated to pay provided that:
a. such loss is also covered under the underlying insurance or would have been covered but for the exhaustion of the applicable underlying limits;
b. such underlying limits have been exhausted by payment, in legal currency by the underlying insurers, of amounts covered under such applicable underlying insurance; c. as respects any underlying insurance that applies on a claims-made basis, if any Retroactive Date is shown in the Declarations, such Retroactive Date replaces any retroactive date shown in any underlying insurance; and d. settlement of any claim or suit for an amount in excess of any underlying insurance shall not be binding on us unless we consent in writing.
Except as otherwise set forth in this Policy, this excess insurance follows the terms, conditions, restrictions, exclusions, definitions and endorsements of the followed policy. Further, any exclusions or restrictions included within any layer of underlying insurance applies to this excess insurance. Under no circumstances will the coverage provided by this insurance be broader than any underlying insurance.
DEFENSE AND SETTLEMENT
1. We have the right and the duty to defend the Insured against covered suits when the Limits of Insurance of all applicable underlying insurance have been exhausted by payment of loss or claim expenses (if such claim expenses reduce the Limits of Insurance of the underlying insurance) to which this insurance applies. We have such duty even if the suit is groundless, false or fraudulent.
2. We have the right to investigate any claim or suit we defend. We will pay, with respect to any claim we investigate, or any suit we defend, reasonable claim expenses to the extent such claim expenses are not covered by the underlying insurance.
3. Except as set forth in paragraph 1, we have no duty to defend any suit. Where we have no duty to defend, we will have the right to participate in the defense of any suit or in the investigation of any claim seeking loss to which this insurance may apply. When we exercise our right to participate in the defense, we will pay our own expenses, but we will not contribute to the expenses of the Insured or any other insurers, including any underlying insurer.
4. If a suit is covered by this insurance and is brought outside of the United States of America (including its territories and possessions), Puerto Rico or Canada, and we exercise our right to defend such suit, but are prevented by law, or otherwise, from defending the Insured, the Insured will initiate a defense of the suit. We will reimburse the Insured for reasonable and necessary claim expenses incurred for the defense of a suit seeking loss to which this insurance applies, that we would have paid had we been able to exercise our right and duty to defend.
AXIS 1010402 0417 Page 1 of 15
AXIS EXCESS INSURANCE
AXIS
5. If we defend an Insured against a suit and an indemnitee of the Insured is also named as a party to the suit, we will only defend that indemnitee in the same manner and subject to the same conditions as the applicable underlying
6. We will not have any duty to investigate, negotiate, settle or defend any claim or suit after the applicable Limits of Insurance of this policy have been exhausted by the payment of covered loss or claim expenses (if such claim expenses reduce the Limits of Insurance pursuant to the terms of this policy), and we will have the right to withdraw from any further defense of any other claims or suits.
EXCLUSIONS
This policy does not apply to any liability, claim, suit, loss or any other cost or expense:
ASBESTOS
a. directly or indirectly, arising out of the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of asbestos, asbestos dust, asbestos fibers, or any other form of asbestos, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to any injury or damage;
b. arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of asbestos, asbestos dust, asbestos fibers, or any other form of asbestos; c. arising out of any supervision, instructions, recommendations, warnings, or advice given or which should have been given in connection with a. or b. above; or
d. arising out of any obligation to share loss with or repay someone else who must pay loss because of asbestos or products or materials containing asbestos, asbestos dust, asbestos fibers, or any other form of asbestos.
AUTO NO-FAULT AND SIMILAR LAWS
arising out of any obligation under any auto no-fault, uninsured or underinsured motorists or similar laws or statutes.
CYBER LIABILITY
arising, directly or indirectly, out of:
the loss of, theft of, misappropriation of, misuse of, use of, corruption of, destruction of, alteration of, viral infestation of, penetration of, or damage to:
(1) any electronic data or any other similar data, information, application, or software:
(a) within any server, computer hardware, computer system, computer network, computer application, point of sale system, point of sale hardware, cloud configuration; or (b) on the Internet;
(2) any:
(a) electronic chatroom or electronic bulletin board;
(b) Internet website, Internet application, social media application, or social network; AXIS 1010402 0417 Page 2 of 15
AXIS EXCESS INSURANCE
AXIS
(c) computer applications software, computer operations software, point of sale software, or any other similar, application or software;
within any server, computer hardware, computer system, computer network, point of sale system, cloud configuration, or on the Internet;
b. any access to or disclosure of electronic data containing any person's or organization's confidential or personal information including, but not limited to, debit card information, credit card information, financial information, health information, customer lists, patents, trade secrets, processing methods, or any other form of nonpublic information.
This exclusion does not apply to the extent that underlying insurance for physical bodily injury or tangible property damage resulting from the cyber liability exposures described above is applicable, or would have been applicable but for the exhaustion of the limits of insurance. However, this exclusion continues to apply to that injury or damage that i. mental injury, mental anguish, emotional injury, emotional distress, or any other form of mental injury; ii. loss of use of tangible property that is not physically injured; or ill. physical injury to property that is not tangible property; resulting from the cyber liability exposures described in paragraphs a. and b. above.
Coverage provided under the exception to this exclusion will follow the provisions, exclusions, and limitations of the applicable underlying insurance unless otherwise directed by more specific provisions, terms or conditions of this Such applicable underlying insurance must be scheduled as underlying under this policy for these exceptions to this exclusion to apply.
EMPLOYMENT-RELATED PRACTICES
a. arising out of:
(1) refusal to hire or employ any person;
(2) termination or constructive termination of any person's employment, or the dismissal or discharge of any employee;
(3) failure to advance or promote any employee; or
(4) employment-related practices, policies, or acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination directed at any past, present or future employee or any applicant for employment; or
b. arising out of injury to the spouse, child, parent, brother, sister or any other relation to that person at whom any of the employment-related practices described in Paragraphs a. (1), (2), (3), or (4) above are directed.
This exclusion applies whether the Insured may be liable as an employer or in any other capacity, and to any obligation to share loss or repay someone else who must pay loss because of any such liability.
FUNGI OR BACTERIA
a. arising, directly or indirectly, out of any actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, any fungi or bacteria on or within a building or structure, including its contents, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to any injury or damage; or
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b. arising out of the abating, testing for monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of, fungi or bacteria.
This exclusion does not apply to any injury or damage as a result of fungi or bacteria that are, are on, or are contained in, a good or product intended for consumption.
LEAD
a. arising, directly or indirectly, out of the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of lead or products or materials containing lead regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to any injury or damage; b. arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of lead; c. arising out of any supervision, instructions, recommendations, warnings, or advice given or which should have been given in connection with paragraphs a. or b. above; or d. any obligation to share loss with or repay someone else who must pay loss because of lead or products or materials containing lead.
NUCLEAR
a. arising out of:
(1) with respect to which an Insured under this policy is also an Insured under a nuclear energy liability policy issued by the Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, or the Nuclear Insurance Association of Canada, or would be an Insured under such policy but for its termination upon exhaustion of it Limits of Insurance; or
(2) the hazardous properties of nuclear material with respect to which:
(a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or
(b) the Insured is, or had this policy not been issued, would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization.
b. resulting from the hazardous properties of nuclear material, if:
(1) the nuclear material:
(a) is at any nuclear facility owned by, or operated by or on behalf of, any Insured, or; (b) has been discharged or dispersed there from;
(2) the nuclear material is contained in spent fuel or waste at any time processed, handled, used, processed, stored, transported, or disposed of by or on behalf of an Insured; or (3) the injury, sickness, disease, death, destruction or loss arising out of the furnishing by an Insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this Subparagraph (3). applies only to injury to or destruction of or loss of property at such nuclear facility.
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POLLUTION
arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of (1) at or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any Insured;
(2) at or from any premises, site or location which is or was at any time used by or for any Insured or others for the handling, storage, disposal, processing or treatment of waste; (3) which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or (a) any insured; or
(b) any person or organization for whom any Insured may be legally responsible. (4) at or from any premises, site or location on which any Insured or any contractors or subcontractors are working directly or indirectly on any Insured's behalf are performing operations if the pollutants are brought on or to the premises, site or location in connection with such operations by such Insured, contractor or subcontractor.
(5) at or from any premises, site or location on which any insured or any contractors or subcontractors are working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, pollutants.
b. arising out of any:
(1) request, demand, order, or statutory or regulatory requirement that any Insured or others test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize, or in any way respond to, or assess the effects of, pollutants; or
(2) claim or suit by or on behalf of a governmental authority or others for loss because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of pollutants.
Subparagraph a. (1) of this exclusion does not apply to the extent that underlying insurance exists for, or would have existed but for the exhaustion of the underlying limits for:
(1) injury if sustained within a building owned, rented or occupied by the insured and caused by smoke, fumes, vapors or soot caused by equipment used to heat the building; or (2) injury or damage arising out of heat, smoke or fumes from a hostile fire.
SILICA
a. arising, directly or indirectly, out of the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of silica, silica dust, silica fibers, or any products or materials containing silica regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to any injury or damage;
b. arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of silica, silica fibers, or any products or materials containing silica; AXIS 1010402 0417 Page 5 of 15
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arising out of any supervision, instructions, recommendations, warnings, or advice given or which should have been given in connection with paragraphs a. or b. above; or arising out of any obligation to share loss with or repay someone else who must pay loss because of silica, silica fibers, or any products or materials containing silica.
TERRORISM
arising, directly or indirectly, out of terrorism, including any action taken in hindering or defending against an actual or expected incident of terrorism; regardless of any other cause or event that contributes concurrently or in any sequence to any injury or damage.
UNMANNED AIRCRAFT
arising out of the ownership, maintenance, use or entrustment to others of any aircraft that is an unmanned aircraft.
Use includes operation and loading or unloading. This exclusion applies even if the claims or suits against any Insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that Insured, if the occurrence, accident, or event which caused the injury or damage involved the ownership, maintenance, use or entrustment to others of any aircraft that is an unmanned aircraft.
As used in this exclusion, loading or unloading means the handling of property:
1. after it is moved from the place where it is accepted for movement into or onto an unmanned aircraft;
2. while it is in or on an unmanned aircraft; or
3. while it is being moved from an unmanned aircraft to the place where it is finally delivered; but loading or unloading does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the unmanned aircraft UNSOLICITED COMMUNICATIONS.
based upon or arising, directly or indirectly, from unsolicited communications, regardless of the mode or medium of transmission or reception. This exclusion applies to communications which are actually or allegedly made in the violation of the:
a. Telephone Consumer Protection Act (TCPA) including any amendment thereto; b. the CAN-SPAM Act of 2003, including any amendment thereto; or c. any other statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, which prohibits or limits the sending, transmitting, communicating or distribution of material or information.
WAR
arising, directly or indirectly, out of:
a. war, including undeclared or civil war;
b. warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c. insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these.
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WHO IS AN INSURED
Each of the following is an insured under this policy:
1. Any Named Insured
2. any other person or organization qualifying as an insured in the followed policy, but not beyond the extent of any limitation imposed under any Underlying Insurance.
LIMITS OF INSURANCE
1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay, regardless of the number of:
a. Insureds;
b. claims made or suits brought; or
c. persons or organizations making claims or bringing suits.
2. If there is a limit stated in the Declarations for the General Aggregate Limit (Other than Products-Completed Operations), that amount is the most that we will pay for all loss under this insurance, except for loss arising out of the products-completed operations hazard. The General Aggregate Limit also does not apply to any coverage under this policy for automobile liability.
3. If there is a limit stated in the Declarations for the Products-Completed Operations Aggregate Limit, that amount is the most that we will pay under this insurance for injury or damage included in the products-completed operations hazard.
4. If there is a limit stated in the Declarations for the Combined Aggregate Limit, that amount is the most we will pay under this insurance for all coverages, except that this Combined Aggregate Limit does not apply to any coverage under this policy for automobile liability.
5. If there is a limit stated in the Declarations for the Total Aggregate Limit, that amount is the most we will pay under this insurance for all coverages.
6. Subject to Paragraphs 2., 3., 4. and 5.above, the Each Occurrence Limit stated in the Declarations is the most we will pay for loss arising out of one event.
7. If the applicable Limits of Insurance of the underlying limits are reduced or exhausted by payments of loss, unless otherwise specified by this policy, the Limits of Insurance of this policy will; a. in the event of reduction, apply in excess of such reduced limits; and b. in the event of exhaustion, continue in force as underlying insurance.
8. If claim expenses do not reduce the Limits of Insurance of the underlying insurance, then claim expenses will not reduce the Limits of Insurance of this policy. If claim expenses do reduce the Limits of Insurance of the underlying insurance, then claim expenses will also reduce the Limits of Insurance of this policy.
9. The Limits of Insurance of this policy 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, unless the policy period is extended after the issuance of this policy for an additional period of less than 12 months. In that case, the additional period will be deemed to be part of the last preceding policy period for the purposes of determining the Limits of Insurance.
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CONDITIONS
APPEALS
If an underlying insurer or the involved Insured elects not to appeal a judgment in excess of the underlying limits, we may do so at our own expense. We will be liable for taxable costs, pre- and post-judgment interest and disbursements.
BANKRUPTCY
a. Bankruptcy of Insured:
Bankruptcy or insolvency of the Insured or of the Insured's estate will not relieve us of our obligations under this policy.
b. Bankruptcy of Underlying Insurer:
Bankruptcy or insolvency of any underlying insurer will not relieve us of our obligations under this policy.
However, this insurance will not replace the underlying insurance in the event of bankruptcy or insolvency of any underlying insurer. This insurance will apply as if the otherwise applicable Limits of Insurance of such underlying insurance were available and in full effect. It shall be the Named Insured's sole responsibility to provide other insurance or self-insurance (including the corresponding defense obligations) to replace such underlying insurance.
CANCELLATION
a. The First Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance notice of cancellation. Such advance notice of cancellation should be mailed or delivered to the address indicated in the Declarations under the item entitled Notices to Insurer. b. We may cancel this policy by mailing or delivering to the First Named Insured written notice of cancellation at least:
(1) 10 days before the effective date of cancellation, if we cancel for non-payment of premium; or (2) 60 days before the effective date of cancellation, if we cancel for any other reason. c. We will mail or deliver our notice to the First Named Insured's last mailing address known to us. d. Notice of cancellation will state the effective date of cancellation and will be effective for all Insureds. All coverage will end on the effective date of cancellation.
e. If this policy is cancelled, we will send the First Named Insured any premium refund due. If we cancel, the premium refund will be pro rata. If the First Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a premium refund. f. If notice of cancellation is mailed, proof of mailing shall be considered sufficient proof of notice.
CHANGES
This policy's terms and conditions can be amended or waived only by endorsement issued by us and made a part of this policy.
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DUTIES IN THE EVENT OF AN EVENT, CLAIM OR SUIT
a. The Named Insured must see to it that we are notified in writing as soon as practicable of any event which is reasonably likely to result in a claim or suit under this policy.
To the extent possible, notice should include:
(1) how, when and where such event took place;
(2) the names and addresses of any injured persons and witnesses; and (3) the nature and location of any injury or damage.
b. If a claim is made or suit is brought which is reasonably likely to be covered under this policy, the Named Insured must:
(1) immediately record the specific of the claim or suit and the date received; and (2) notify us as soon as practicable.
the Named Insured and any other involved Insured must:
(a) immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or suit;
(b) authorize us to obtain records and other information; (c) cooperate with us in the investigation or settlement of the claim or defense against the suit; and (d) assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the Insured because of injury or damage to which this insurance may also apply. c. Without limiting the foregoing requirements, the Named Insured shall give us written notice of any event, claim or suit, when a payment is made or a reserve is set that brings the total of all payments made or reserves set to 50% or more of the Limits of Insurance of the underlying insurance. d. No Insured will, except at that Insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our prior written consent. e. The Named Insured's failure to provide us with the required notice of an event will not invalidate coverage under this insurance if such event was inadvertently reported to another insurer. However, the Named Insured is required to report any such event as soon as reasonably possible once the Named Insured becomes aware of • If any underlying insurance is a policy issued by us or any affiliate of ours, then notice of any claim or suit unde such underlying insurance in accordance with the provisions thereof will be deemed to be notice to us il compliance and with paragraphs a and b above.
EXAMINATION OF THE NAMED INSURED'S BOOKS AND RECORDS
We may examine and audit the Named Insured's books and records as they relate to this policy at any time during the policy period and for up to three years afterward.
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INSPECTION AND SURVEYS
We have the right, but are not obligated, to:
a. make inspections and surveys at any time;
b. give the Named Insured reports on the conditions we find; and c. recommend changes.
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.
We do not warrant that conditions are safe or healthful or comply with laws, regulations, codes or standards.
This condition applies not only to us, but also to any rating, advisory, rate service or similar organization that make nsurance inspections, surveys, reports or recommendations on behalf of the underlying insurers
LEGAL ACTION AGAINST US
No person or organization has a right under this policy:
a. to join us as a party or otherwise bring us into a suit seeking loss 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 may sue us to recover on an agreed settlement or on a final judgment against an Insured; but we will not be liable for loss that is not payable under the terms of this policy or that is in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the Insured and the claimant or the claimant's legal representative.
Any disputes between the Named Insured and us as to whether there is coverage under this insurance must be filed in the courts of the United States of America (including its territories and possessions), Canada or Puerto Rico.
LOSS PAYMENT
All payments or reimbursements we make for loss because of judgments or settlements covered by this insurance will be made in U.S. currency at the prevailing exchange rate at the time the Insured becomes legally obligated to pay such sums. All payments or reimbursements we make for claim expenses will be made in U.S. currency at the prevailing exchange rate at the time the claim expenses were incurred.
MAINTENANCE OF FOREIGN GOVERNMENT REQUIRED INSURANCE
The Named Insured must fully maintain any coverage required by any foreign government law, regulation or other governmental authority during the policy period, except for reduction of the aggregate limits due to payment of loss or claim expenses (if such claim expenses reduce the Limits of Insurance pursuant to the terms of this policy).
Failure to maintain such coverage required by law, regulation or other governmental authority will not invalidate this insurance. However, this insurance will apply as if the required coverage by law, regulation or other governmental authority was in full effect.
MAINTENANCE OF UNDERLYING INSURANCE
The underlying insurance listed in the Schedule of Underlying insurance shall remain in effect throughout the policy period except for the reduction of the aggregate limits due to payment of loss or claim expenses (if such claim expenses reduce the Limits of Insurance of such underlying insurance).
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Failure to maintain underlying insurance will not invalidate this insurance. However, this insurance will apply as if the underlying insurance were in full effect.
The Named Insured must notify us as soon as practicable when any underlying insurance is no longer in effect.
OTHER INSURANCE
This insurance is excess over, and shall not contribute with, any other insurance, whether primary, excess, contingent or on any other basis. This condition will not apply to insurance specifically written as excess over this policy.
PREMIUM COMPUTATION
If this policy is subject to audit adjustment, as indicated on the Declarations, the rate, rating basis and estimated exposure for the o each und oil be stated in te eason The in are ere er rarer applying the rate to each unit of exposure of the rating basis. minimum premium and the deposit premium set forth on the Declarations. The actual exposure will be used to determine the earned premium.
At the close of each audit period, we will compute the earned premium. If the earned premium is greater than the deposit premium stated on the Declarations, the first Named Insured must, upon notice from us, immediately send us Subject to the earned premium, if the minimum premium is less than the deposit premium, we will return the excess premium to you. However, if the earned premium is less than the minimum premium stated on the Declarations, we will not return any premium.
In the event of mid-term cancellation, we will retain the applicable pro rata or short rate earned premium and will return the difference between the earned premium and the deposit premium.
However, in no event shall we retain less than the minimum earned premium as calculated by the minimum earned premium percentage set forth in the Declarations.
REPRESENTATIONS OR FRAUD
By accepting this policy, the Named Insured agrees:
a. the statements in the Application are accurate and complete; b. those statements are based upon representations the Named Insured made to us; c. we have issued this policy in reliance upon the Named Insured's representations: and d. this policy is void in any case of intentional fraud by the Named Insured as it relates to this policy or any claim or suit under this policy.
SUBLIMITED UNDERLYING INSURANCE
Unless a sublimit is specifically included within the Schedule of Underlying Insurance for this Policy, this Policy shall not apply in excess of any coverage that imposes a sublimit of insurance specified in the underlying insurance. Any loss related to any sublimited coverage excluded by this policy, but provided by any underlying insurance, shall not be recognized by this policy as eroding or exhausting the limits of the underlying insurance.
TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US
If the Insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. The Insured must do nothing after loss to impair them. At our request, the Insured will bring suit or transfer those rights to us to help us enforce them. We will waive these rights to recover only if and to the extent such rights are waived by the insurers of any underlying insurance.
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UNIMPAIRED AGGREGATES OF UNDERLYING INSURANCE
If an aggregate limit of any underlying insurance has been reduced below the aggregate amount shown in the Schedule of Underlying Insurance for that underlying insurance as a result of an event occurring prior to the inception date of this policy or as a result of events not covered by this insurance, we will apply all insurance provides by this policy as if the aggregate of the underlying insurance had not been reduced below the limit amount shown in the Schedule of Underlying Insurance.
This condition does not apply to any event subject to claims-made coverage and occurring after the retroactive date of this policy (if any).
UNINTENTIONAL FAILURE TO DISCLOSE
The Named Insured's failure to disclose all hazards existing as of the inception date of this policy will not prejudice he Named Insured with respect to the coverage afforded by this policy, provided that any such failure or omission is unintentional.
DEFINITIONS
Whether expressed in the singular or plural, whenever appearing in bold in this policy, the following terms shall have the meanings set forth below.
Auto means:
a. a land motor vehicle, trailer or semi-trailer designed for travel on public roads, including any attached machinery or equipment, or
b. any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged.
But auto does not include mobile equipment.
Claim expenses means:
a. expenses we incur in the investigation, adjustment, defense, mediation and settlement of a claim or suit; b. the cost of bonds to release attachments, but only for bond amounts within the applicable Limits of Insurance.
We do not have to furnish these bonds;
c. all reasonable expenses incurred by the Insured at our request to assist in the investigation or defense of the claim or suit, including actual loss of earnings up to $500 a day because of time off from work;
1. all court costs taxed against the Insured in the suit. However, these payments do not include attorneys' fees o attorneys' expenses taxed against the Insured;
e. prejudgment interest awarded against the Insured on that part of a judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer; or
f. all interest on that part of any judgment covered by this policy that accrues after entry of the judgment and before insurave paid, offered to pay, or deposited in court the part of a judgment that is within the applicable limit of AXIS 1010402 0417 Page 12 of 15
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Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment.
Event means any occurrence, offense, accident, wrongful act, act, error or omission or other event to which the underlying insurance applies. Each of the words used in this definition shall have the same meaning as the equivalent of such words as set forth in the followed policy.
First Named Insured means the person or entity first listed as a Named Insured in the Declarations.
Followed policy means the policy or policies of insurance listed in the Schedule of Underlying Insurance and identified as followed policy, including any self-insured retentions or deductibles that are a part of such policies.
Fungi means any type or form of fungus, including mold or mildew and any mycotoxins, spores, scents, or byproducts produced or released by fungi.
Hazardous properties includes radioactive, toxic or explosive properties.
Hostile fire means a fire which becomes uncontrollable or breaks out from where it was intended to be.
Loss means damages the Insured becomes legally obligated to pay as judgments or settlements.
Named Insured means:
a. the persons or entities listed as such in the Declarations; b. any persons or entities who qualify as Named Insureds under the underlying insurance as of the inception date of such underlying insurance;
c. any persons or entities who, after the inception date of such insurance, are added as Named Insureds by endorsement to the underlying insurance provided we are notified of such addition and we are paid any additional premium charged by us for such additional Named Insured.
Nuclear facility means:
a. any nuclear reactor;
b. any equipment or device designed or used for:
(1) separating the isotopes of uranium or plutonium,
(2) processing or utilizing spent fuel, or
(3) handling, processing, or packaging waste;
c. any equipment or device used for processing, fabricating, or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the Insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; or
d. any structure, basin, excavation, premises, place prepared or used for the storage or disposal of waste; and includes the site on which any of the foregoing is located, all operations conducted on site and all premises used for such operations;
Nuclear material means "source material", "special nuclear material" or "by-product material". "Source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof.
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Nuclear reactor means any apparatus designed or used to sustain nuclear fission self-supporting chain reaction or to contain critical mass of fissionable material.
Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed.
Spent fuel means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor.
Suit means a civil proceeding in which covered loss is alleged. Suit includes:
a. an arbitration proceeding in which such loss is claimed and to which the Insured must submit, or does submit with our consent; or
b. any other alternative dispute resolution proceeding in which such loss is claimed and to which the Insured submits with our consent or the underlying insurer's consent.
Terrorism means activities against persons, organizations or property of any nature:
a. that involve the following or preparation for the following:
(1) use or threat of force or violence;
(2) commission or threat of a dangerous act; or
(3) commission or threat of an act that interferes with or disrupts an electronic, communication, information, or mechanical system; and
b. when one or both of the following applies:
(1) the effect of such activities is to intimidate or coerce a government or the civilian population or any segment thereof, or to disrupt any segment of the economy; or
(2) it appears that the intent of such activities is to intimidate or coerce a government, or to further political, ideological, religious, social or economic objectives or to express (or express opposition to) a philosophy or ideology.
Underlying insurance means any policies of insurance listed in the Declarations under the Schedule of Underlying Insurance.
Underlying insurer means any insurer who provides any policy of insurance listed in the Schedule of Underlying Insurance or any automatic renewal or replacement of any such policy, provided that such renewal or replacement provides equivalent coverage to and affords limits of insurance equal to or greater than the policy being renewed or replacement.
Underlying limits means the limits of insurance of the underlying insurance.
Unmanned aircraft means an aircraft of any size or type that is not:
a. designed;
b. manufactured; or
c. modified after manufacture;
to be controlled directly by a person from within or on the aircraft and includes, but is not limited to:
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(1) ground support or control equipment used in conjunction with any such aircraft; (2) any article, device or equipment used on or in such an aircraft, or for use in the control, maintenance or operation of such an aircraft; or
3) training aids, instructions and manuals relating to the operation, inspection, maintenance, servicing, repair o ebuilding of such an aircraft, any part or portion thereof or ground support or control equipment used with an such aircraft.
Waste means any waste material:
a. containing by-product material, and
b. resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility.
EXTENDED REPORTING PERIOD OPTION
No Extended Reporting Period extends the policy period, reinstates or increases the Limits of Insurance or changes the
AUTOMATIC EXTENDED REPORTING PERIOD
If we cancel or non-renew this Policy, and if also provided in each layer of the underlying insurance, an automatic Extended Reporting Period is provided without an additional premium charge. This period starts upon cancellation or non-renewal of the policy period and lasts for sixty (60) days. The automatic Extended Reporting Period does not apply to claims that are covered under any subsequent insurance that you purchase, or that would be covered but for the exhaustion of the amount of insurance applicable to such claims.
SUPPLEMENTAL EXTENDED REPORTING PERIOD
If we cancel this policy for reasons other than non-payment of premium, or if we non-renew this policy, and if and to the extent supplemental extended reporting periods have been selected in each layer of the underlying insurance, the Named Insured will have the right to purchase a Supplemental Extended Reporting Period. • The Supplemental Extended Reporting Period, if purchased, will incept immediately following the effective date of cancellation or nonrenewal.
The Supplemental Extended Reporting Period and the applicable premium are determined by us in accordance with ur rules and rates and in accordance, with any applicable filings. You must provide us with a written request for th upplemental Extended Reporting Period within thirty (30) days after the end of the policy period. The Supplementa Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due. Once ir effect, the Supplemental Extended Reporting Period cannot be canceled except for non-payment of premium. Th additional premium for the Supplemental Extended Reporting Period will be due within sixty (60) days after the end of the policy period.
SIGNATURE PAGE FOLLOWS.
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SIGNATURE PAGE
IN WITNESS WHEREOF, the Insurer has caused this policy to be issued by affixing hereto the facsimile signatures of its President and Secretary.
A mate?
Secretary President
Andrew Weissert, Secretary Carlton W. Maner, President
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Endorsement Premium
Number Effective Date of Endorsement Policy Number
4 12:01 a.m. on 05/22/2022 P-001-000357891-03 N/A
AMENDATORY ENDORSEMENT - NON-CONTRIBUTORY CLAUSE
The Other Insurance condition set forth in the CONDITIONS section of the policy shall not apply when a contract, into which you have entered, requires the Commercial General Liability Policy shown in the Schedule of Underlying Insurance to be primary. However, this exception to the Other Insurance Condition applies only as respects liability arising out of your operations, your work, or premises owned or rented to you. Additionally, this condition will not apply to insurance All other provisions of the policy remain unchanged.
AXIS 1010461 0417 Page 1 of 1
Policy Number: VMGP004575 CG 24 04 12 19
Number: 50 Effective Date: 05/22/2022
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
Commercial General Liability Coverage Part
Schedule
Name Of Person(s) Or Organization(s):
Any person or organization when you and such person or organization have agreed in writing in a contract, prior to an a occurrence that causes, "bodily injury", property damage" or "personal injury and advertising injury", that you would provide such person or organization a waiver if transfer of right or recovery against other to us on your policy and 2. Any other person or organization you would provide a waiver of transfer of right of recovery against others to us on your policy under the contract or agreement described in Paragraph 1. Above.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer
Of Rights Of Recovery Against Others To Us
of Section IV - Conditions:
We waive any right of recovery against the
or organizations) shown
Schedule above because of payments we make
under this Coverage Part. Such waiver by us
applies only to the extent that the insured has
person(s) or organization(s) prior to loss. This
endorsement applies only to the person(s) or
organization(s) shown in the Schedule above.
All other terms and conditions of this Policy remain unchanged.
CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 ACORD® DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
Jeffrey Rendel (AJG) (561) 746-5027
c/o Arthur J. Gallagher Risk Management Service
[email protected]
INSURER|S! AFFORDING COVERAGE NAIC #
INSURER A : Zurich-American Insurance Company 16535
INSURER B:
G&A Outsourcing, LLC dba: G&A Partners Alt. Emp: American Ramp Company 17220 Katy Freeway Suite 350 INSURER C:
Houston, TX 77094 INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:22TX0381114684 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR ADDL SUBR POLICY EFF
LTR TYPE OF INSURANCE POLICY NUMBER LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE
DAMAGE TO RENTED
CLAIMS-MADE OCCUR PREMISES (Ea occurrence)
MED EXP (Any one person)
PERSONAL & ADV INJURY
GENT: AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE
POLICY LOC PRODUCTS - COMP/OP AGG
$
OTHER:
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
Ea accident
ANY AUTO BODILY INJURY (Per person)
OWNED SCHEDULED, BODILY INJURY (Per accident)
AUTOS ONLY
HIRED NON-OWNED ROPERTY DAMAG
AUTOS ONLY AUTOS ONLY Per acciden
$
UMBRELLA LIAB EACH OCCURRENCE
OCCUR
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED RETENTION S $
WORKERS COMPENSATION X STATUTE
AND EMPLOYERS' LIABILITY
Y/ N E.L. EACH ACCIDENT 1,000,000
A OFFICEMEMBE EXCLUDE XECUTIVE NIA X WC 16-90-372-02 02/23/2022 03/01/2023 (Mandatory in NH) E.L. DISEASE • EA EMPLOYEE S 1,000,000 ESTON OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S 1,000,000 Location Coverage Period: 07/01/2022|03/01/2023 Client# 010884-MO DESCRIPTION OF OPERATIONSmeriCan Ramp COMES ACORD 101, Additional Remarks Schedule, ma: Dit Wored if more space is required) American Ramp Company Coverage is provided for 601 McKinley Ave
only those co-employees
of, but not subcontractors Joplin, MO 64801 he sers Soment are i or lude a blance notice of a pole a recor e company other than for nonpayment of premil
Endorsements: Waiver of Subrogation
CERTIFICATE HOLDER CANCELLATION
City of Richmond SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 450 Civic Center Plaza THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Richmond, CA 94804 ACCORDANCE WITH THE POLICY PROVISIONS
AUTHORIZED REPRESENTATIVE
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and loao are reaistered marks of ACORD W-9 Request for Taxpayer Give Form to the
Form
Identification Number and Certification requester. Do not (Rev October 2018)
send to the IRS.
Department of the Treasury
Internal Revenue Service • Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return), Name is required on this line; do not leave this line blank.
American Ramp Company
2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions codes apply only to following seven boxes, ertain entities, not individuals, see nstructions on page 3
Individual/sole proprietor or • C Corporation MS Corporation Partnership L Trust/estate single-member LLC Exempl payee code (if any)
Limited liability company. Enter the lax classification (C=C corporation, S-S corporation, P=Partnership) • Print or type. lote: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemplion froin FATA reporting LC if the LL. is classified as a single-member LL that is disrecarded from the owner unless the owner of the LLC H i tacated from the owner shout cock no spropiate box to the is asiation of is owner member LC that Cod ( any) Other (see instructions) •
5 Address (number, street, and apt. or suite no.) See instructions. " Requester's name and address (oplional) 601 S McKinley Ave
6 City, stale, and ZIP code
Joplin, MO 64801
7 List account number(s) here (optional)
Part 1 Taxpayer Identification Number (TIN)
Social security number
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part 1, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a or
TIN. later.
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and [Employer Identification number Number To Give the Requester for guidelines on whose number to enter. 3 0 5 2 3 5 3
Part Il Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Reven rvice (IRS) that 1 am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATA reporting is correct. ou have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest par ertification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currenty subject to backup withholding becaus her than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part It, lal quisition or abandonment of secured property, cancellation of debt, contributions lo an individual retirement arrangement (IRA), and generally, paymer Sign Signature of DatoR 1-4-2022
Here U.S. person •
• Form 1099-DIV (dividends, including those from slocks or mutual General Instructi
funds)
Section references are to the Internal Revenue Code unless otherwise • Form 1099-MISC (various types of income, prizes, awards, or gross noted, proceeds)
Future developments. For the latest information about developments • Form 1099-B (stock or mutual fund sales and certain other related to Form W-9 and its instructions, such as legislation enacted transactions by brokers) after they were published. go to www.irs.gov/FormW9. • Form 1099-S (proceeds from real estale transactions) • Form 1099-K (merchant card and third party network transactions) Purpose of Form • Form 1098 (home morgage interest). 1098-E (student loan interest).
An individual or entity (Form W-9 requester) who is required to file an 1098-T (tuition) intormation return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number • Form 1099-C (canceled debt) (SSN), individual taxpayer identification number (ITIN), adoption • Form 1099-A (acquisition or abandonment of secured property) taxpayer identification number (ATIN), or employer identification number Use Form W-9 only if you are a U.S. person (including a resident (EIN), to report on an information return the amount paid to you, or other alien), to provide your correct TIN. amount reportable on an information return. Examples of information If you do not return Form W-9 to the requester with a TIN, you might returns include, but are not limited to, the following. be subject to backup withholding. See What is backup withholding. • Form 1099-INT (interest earned or paid
later.
Forin W-9 (Rev. 10-2018)
Cat. No. 10231X