2022-08-01 COI.pdf
PDF 1022 KB Posted
- Attached to
- Master Agreement AZ|CTR057460
- Contract number
- CTR057460
- Issued by
- Arizona
About this file
The document is a comprehensive insurance policy package for D.E.G. Construction Company, Inc., issued by multiple insurers including American Hallmark Insurance Company of Texas, Benchmark Insurance Company, and Houston Casualty Company. The policy was issued through Breinholt Anderson Insurance Consultants LLC and is designed to provide coverage for the company's operations, with the Arizona Department of Transportation (ADOT) listed as the certificate holder.
The insurance package includes Commercial General Liability, Commercial Auto, Workers' Compensation, and various additional coverages with policy limits ranging from $1,000,000 to $5,000,000. Key coverage features include protection for property damage, bodily injury, leased/rented equipment, cyber liability, and installation and contractors equipment. The policy period runs from 8/1/2021 to 8/1/2022, with specific endorsements providing blanket additional insured status, mobile equipment coverage, and a waiver of subrogation rights. Notable additional coverages include business income protection, employee theft insurance, and voluntary property damage coverage, with various limits and deductibles tailored to different types of potential business risks.
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Text version
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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 INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 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.
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
OCCUR
CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED
$PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY
PRO-
JECT LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
10/15/2021
Breinholt Anderson Insurance Consultants LLC 4140 E. Baseline Road, Suite 201 Mesa AZ 85206
480-935-7000 480-935-7009 certificates@baicins.com
American Hallmark Insurance Company of Texas 43494 DEGCONS-01 Benchmark Insurance Company 41394
DEG Construction Company Inc Grate Solutions Company Inc 724 W Commerce Ave Gilbert AZ 85233
Houston Casualty Company 42374
512947196
A X 1,000,000 X 100,000
5,000
1,000,000
2,000,000 X
Y Y 44CL616612 8/1/2021 8/1/2022
2,000,000
A 1,000,000
X
X X
Y Y 44CL616612 8/1/2021 8/1/2022
A X X 5,000,00044CL616612 8/1/2021 8/1/2022
5,000,000 X 10,000
B X
Y
Y WCB204648-00 8/1/2021 8/1/2022
1,000,000
1,000,000
1,000,000 A C
Leased/Rented Equipment Cyber Liability
44CL616612
H21NGP208406-00
8/1/2021 5/31/2021
8/1/2022 5/31/2022
Limit $5,000 Limit $500,000
Deductible $1,000 Deductible $2,500
The General Liability and Business Auto policies include an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder and any additional entities listed, if any, only when there is a written contract that requires such status, and only with regard to work performed on behalf of the named insured. The General Liability and Business Auto policies contain the endorsement with Primary and Noncontributory wording, when required by written contract. The General Liability, Business Auto and Workers Compensation policies provide a Waiver of Subrogation when required by written contract.
The Excess Liability policy follows form to the General Liability, Business Auto and Employers Liability policies.
Arizona Dept of Transportation MD100P, Suite A 1739 W Jackson St Phoenix AZ 85007 a8812 Accepted
COMMERCIAL AUTO
BA 20 60 04 11
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BA 20 60 04 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission
COMMERCIAL AUTO COVERAGE FORM
ENHANCEMENT ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
A. SECTION II – LIABILITY COVERAGE, A.1. Who Is An Insured, is amended by the addition of the following:
1. Broadened Named Insured Any organization you newly acquire or form, other than a partnership, joint venture or limited liability com-pany, and over which you maintain ownership or majority interest, and there is no other similar insurance available to that organization.
However, insurance provided by this provision:
a. 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. Doesÿnotÿapplyÿtoÿ“bodilyÿinjury”ÿorÿ“propertyÿdamage”ÿresultingÿfromÿanÿ“accident”ÿthatÿoccurredÿbe-fore you acquired or formed the organization;
c. Does not apply to an insured under any other automobile liability policy, or would be an insured under such a policy but for the exhaustionÿofÿsuchÿpolicy’sÿlimitsÿofÿinsuranceÿorÿtheÿterminationÿofÿsuchÿpoli-cy; and
d. No newly acquired or formed organization is an insured with respect to any current or past partner-ship, joint venture or limited liability company that is not shown as a Named Insured in the Declara-tions.
2. Blanket Additional Insured Anyÿpersonÿorÿorganizationÿwithÿrespectÿ toÿtheÿoperation,ÿmaintenance,ÿorÿuse,ÿofÿaÿcoveredÿ“auto”ÿ thatÿ you are required to include as additional insured on the Coverage Form in a written agreement or written “insuredÿcontract”ÿthatÿisÿsignedÿandÿexecutedÿbyÿyouÿbeforeÿtheÿ“bodilyÿinjury”ÿorÿ“propertyÿdamage”ÿoc-curs.
However, such person or organization is an insured:
a. Onlyÿforÿ“bodilyÿinjury”ÿorÿ“propertyÿdamage”ÿcausedÿbyÿanÿ“accident”ÿwhichÿ takes place after you ex-ecutedÿtheÿwrittenÿagreementÿorÿwrittenÿ“insuredÿcontract”;
b. Is in effect during the policy period; and
c. Only for damages to which this insurance applies and only to the extent that person or organization qualifies as an “insured”ÿunderÿtheÿWhoÿIsÿAnÿInsuredÿprovisionÿcontainedÿinÿSectionÿII.
B. Employee Hired Autos
1. SECTION II – LIABILITY COVERAGE, A.1. Who Is An Insured, is amended by the addition of the fol-lowing:
Anÿ “employee”ÿ ofÿ yoursÿ isÿ anÿ “insured”ÿ whileÿ operating anÿ “auto”ÿ hiredÿ orÿ rentedÿ underÿ aÿ contractÿ orÿÿÿÿÿÿÿ agreementÿ inÿthatÿ“employee’s”ÿname,ÿwithÿyourÿpermission,ÿwhileÿperformingÿdutiesÿ relatedÿtoÿtheÿcon-duct of your business.
2. Under SECTION IV – BUSINESS AUTO CONDITIONS, B.5., Other Insurance, Paragraph b. is deleted and replaced with the following:
b. ForÿHiredÿAutoÿPhysicalÿDamageÿCoverage,ÿtheÿfollowingÿareÿdeemedÿtoÿbeÿcoveredÿ“autos”ÿyouÿown:
(1) Anyÿcoveredÿ“auto”ÿyouÿlease,ÿhire,ÿrentÿorÿborrow;ÿand
Policy #44CL616612
Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission
BA 20 60 04 11
(2) Anyÿcoveredÿ “auto”ÿhiredÿorÿ rentedÿbyÿ yourÿ “employee”ÿunderÿaÿcontractÿ inÿ thatÿ individualÿ “em-ployee’s”ÿname,ÿwithÿyourÿpermission,ÿwhileÿperformingÿdutiesÿrelatedÿtoÿtheÿconductÿofÿyourÿbusi-ness.
However,ÿanyÿ“auto”ÿthatÿisÿleased,ÿhired,ÿrentedÿorÿborrowedÿwithÿaÿdriverÿisÿnotÿaÿcoveredÿ“auto”.
If Employee Hired Autos Coverage Form CA 20 54 is attached to this policy, then the Employee Hired Autos coverage described above does not apply.
C. Supplementary Payments Under SECTION II – LIABILITY COVERAGE, A.2., Coverage Extensions, a. Supplementary Payments, Paragraphs a.(2) and a.(4) are deleted and replaced by the following:
(2) Up to $2,500 for cost of bail bonds (including bonds for related traffic law violations) required because of anÿ“accident”ÿweÿcover.ÿÿWeÿdoÿnotÿhaveÿtoÿfurnishÿtheseÿbonds.ÿ
(4) Allÿreasonableÿexpensesÿincurredÿbyÿtheÿ“insured”ÿatÿourÿrequest,ÿ includingÿactualÿlossÿofÿearningsÿupÿtoÿ
$500 a day because of time off from work.
D. Transportation Expenses
Under SECTION III – PHYSICAL DAMAGE COVERAGE, A.4., Coverage Extensions, a. Transportation Expenses is deleted in its entirety and replaced with the following:
a. Transportation Expenses
We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense incurred by youÿbecauseÿofÿ theÿ totalÿ theftÿofÿ aÿ coveredÿ “auto”ÿofÿ theÿprivateÿpassengerÿ type.ÿ ÿWeÿwillÿ payÿonlyÿ forÿ thoseÿcoveredÿ“autos”ÿforÿwhichÿyouÿcarryÿeitherÿComprehensiveÿorÿSpecifiedÿCausesÿOfÿLossÿCoverage,ÿ including Theft Coverage. We will pay for temporary transportation expenses incurred during the period beginningÿ48ÿhoursÿafterÿtheÿtheftÿandÿending,ÿregardlessÿofÿtheÿpolicy’sÿexpiration,ÿwhenÿtheÿcoveredÿ“au-to”ÿisÿreturnedÿtoÿuseÿorÿweÿpayÿforÿitsÿ“loss”.
E. Loss Of Use Expenses Under SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, the last paragraph under b. Loss Of Use Expenses is replaced as follows:
However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $1,000.
F. Theft Expense Under SECTION III – PHYSICAL DAMAGE COVERAGE, A.4., Coverage Extensions, the following is add-ed:
IfÿComprehensiveÿCoverageÿisÿpurchasedÿonÿaÿcoveredÿ“auto”,ÿandÿthatÿcoveredÿ“auto”ÿisÿstolen,ÿweÿwillÿpayÿ the expense of returning that stolen auto to you. The limit for this coverage extension is $1,000.
G. Rental Agency Expense Under SECTION III – PHYSICAL DAMAGE COVERAGE, A.4., Coverage Extensions, the following is add-ed:
We will pay the following expenses that you or any or yourÿ“employees”ÿareÿlegallyÿobligatedÿtoÿpayÿbecauseÿ of a written contract or written agreement entered into for use of a rental vehicle in the conduct of your busi-ness:
Maximum amount we will pay for any one written contract or written agreement:
1. $2,500 for loss of income incurred by the rental agency during the period of time that vehicle is out of use dueÿasÿaÿresultÿofÿactualÿdamageÿto,ÿorÿ“loss”ÿof,ÿthatÿvehicle,ÿincludingÿincomeÿlostÿdueÿtoÿabsenceÿofÿthatÿ vehicle for use as a replacement;
2. $2,500 for decrease in trade-in value of the rental vehicle because of actual damage to that vehicle aris-ingÿoutÿofÿaÿcoveredÿ“loss”;ÿand
3. $2,500 for administrative expenses incurred by the rental agency, as stated in the written contract or writ-ten agreement.
4. Maximum total amount payable under Paragraphs 1., 2. and 3. combined is $7,500.
H. Hired Auto Physical Damage
Under SECTION III – PHYSICAL DAMAGE COVERAGE, A.4., Coverage Extensions, the following is added:
BA 20 60 04 11 Includes copyrighted material of Insurance Services Office, Inc., Ifÿhiredÿ“autos”ÿareÿcoveredÿ“autos”ÿfor Liability Coverage, and if Comprehensive, Specified Causes Of Loss, orÿCollisionÿCoverageÿasÿprovidedÿunderÿ thisÿCoverageÿPart,ÿthenÿcoverageÿ isÿextendedÿ toÿ“autos”ÿyouÿhireÿ without a driver, subject to the following:
1. Theÿmostÿweÿwillÿpayÿforÿ“loss”ÿto anyÿhiredÿ“auto”ÿisÿ$35,000ÿorÿtheÿactualÿcashÿvalueÿorÿcostÿtoÿrepairÿorÿ replace, whichever is less, minus a deductible.
2. Theÿdeductibleÿwillÿbeÿequalÿtoÿtheÿlargestÿdeductibleÿapplicableÿtoÿanyÿownedÿ“auto”ÿforÿthatÿcoverage.ÿ Coverage provided by thisÿextensionÿappliesÿonlyÿ toÿ “autos”ÿ youÿhireÿofÿ theÿprivateÿpassengerÿ typeÿorÿ lightÿ truck (gross vehicles weight 10,000 pounds or less) type vehicles.
If a limit for Hired Auto – Physical Damage is shown in the Declarations, then that limit replaces, and is not added to, the $35,000 limit indicated above.
I. Airbag Coverage Under SECTION III – PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph 3.a. is replaced as fol-lows:
a. Wear and tear, freezing, mechanical or electrical breakdown. However, mechanical or electrical break-down does not apply to the unintended discharge of an airbag. Any loss covered under this provision is excess over any other collectible insurance or warranty.
J. Glass Breakage Under SECTION III – PHYSICAL DAMAGE COVERAGE, D., Deductible, the following is added:
However,ÿ ifÿComprehensiveÿorÿSpecifiedÿCausesÿOfÿLossÿCoverageÿ isÿpurchasedÿonÿaÿcoveredÿ“auto”,ÿanyÿ deductibleÿshownÿinÿtheÿDeclarationsÿasÿapplyingÿtoÿtheÿcoveredÿ“auto”ÿwillÿnotÿapplyÿtoÿglassÿbreakageÿifÿtheÿ damaged glass is repaired in a manner acceptable to us rather than replaced.
K. Rental Reimbursement SECTION III – PHYSICAL DAMAGE COVERAGE is amended by the addition of the following:
If Physical Damage Coverage for which a premium is shown, is designated in the Declarations for a covered “auto”ÿweÿwillÿprovideÿRentalÿReimbursementÿCoverage.ÿ
1. Weÿwillÿ payÿ forÿ rentalÿ reimbursementÿ expensesÿ incurredÿbyÿ youÿ forÿ theÿ rentalÿ ofÿ anÿ “auto”ÿ becauseÿ ofÿ
“loss”ÿtoÿaÿcoveredÿ“auto”.ÿÿPaymentÿappliesÿinÿadditionÿtoÿtheÿotherwise applicable amount of each cover-ageÿyouÿhaveÿonÿaÿcoveredÿ“auto”.ÿÿNoÿdeductibleÿappliesÿtoÿthisÿcoverage.
2. Weÿwillÿpayÿonlyÿforÿthoseÿexpensesÿincurredÿduringÿtheÿpolicyÿperiodÿbeginningÿ24ÿhoursÿafterÿtheÿ“loss”ÿ and ending, regardless of the policy’sÿexpiration,ÿwithÿtheÿlesserÿofÿtheÿfollowingÿnumberÿofÿdays:
a. 30 days; or
b. Theÿnumberÿofÿdaysÿreasonablyÿrequiredÿtoÿrepairÿorÿreplaceÿtheÿcoveredÿ“auto”.ÿÿIfÿ“loss’ÿisÿcausedÿbyÿ theft, this number of days is added to the number of days it takesÿtoÿlocateÿtheÿcoveredÿ“auto”ÿandÿre-turn it to you.
3. Our payment is limited to the lesser of the following amounts:
a. $40 any one day; or
b. Necessary and actual expenses incurred.
4. This coverage does not apply while there are spare or reserveÿ “autos”ÿavailableÿ toÿyouÿ forÿ yourÿopera-tions.
5. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under Paragraph A.4. Coverage Extensions, a. Transportation Expenses.
If Rental Reimbursement Coverage Form CA 99 23 is attached to this policy, then the Rental Reimbursement Coverage described above does not apply.
L. Blanket Waiver of Subrogation Under SECTION IV – BUSINESS AUTO CONDITIONS, A. Loss Conditions, Paragraph 5., Transfer Of Rights Of Recovery Against Others To Us, is amended by the addition of the following:
We will, however, waive any right of recovery we may have against any person or organization because of paymentsÿweÿmakeÿ forÿ “bodilyÿ injury”ÿorÿ “propertyÿdamage”ÿarisingÿoutÿofÿ theÿoperationÿofÿaÿcoveredÿ“auto”ÿ whenÿyouÿhaveÿassumedÿliabilityÿforÿsuchÿ“bodilyÿinjury”ÿorÿ“propertyÿdamage”ÿunderÿanÿ“insuredÿcontract”.ÿÿ
Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., BA 20 60 04 11
This provision does not apply unless the permit has been issued or the written contract or written agreement hasÿbeenÿexecuted,ÿpriorÿtoÿtheÿ“bodilyÿinjury”ÿorÿ“propertyÿdamage”.ÿÿ
M. Unintentional Failure To Disclose Hazards Under SECTION IV – BUSINESS AUTO CONDITIONS, B. General Conditions, Paragraph 2. Conceal-ment, Misrepresentation Or Fraud, is amended by the addition of the following:
The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal.
N. Duties In The Event Of Accident, Claim, Suit Or Loss Under SECTION IV – BUSINESS AUTO CONDITIONS, A.2. Duties In The Event Of Accident, Claim, Suit Or Loss, Paragraph 2.a., is deleted and replaced with the following:
a. Inÿtheÿeventÿofÿ“accident”,ÿclaim,ÿ“suit”ÿorÿ“loss”,ÿyouÿmustÿgiveÿusÿorÿourÿauthorizedÿrepresentativeÿpromptÿ noticeÿofÿtheÿ“accident”ÿorÿ“loss”ÿafterÿitÿbecomesÿknownÿto:
(1) You, if you are an individual;
(2) A partner or member, if you are a partnership or joint venture;
(3) A member or manager, if you are a limited liability company; or
(4) An executive officer or insurance manager if you are an organization other than a partnership, joint venture or limited liability company.
Notice should include the following:
(1) How,ÿwhenÿandÿwhereÿtheÿ“accident”ÿorÿ“loss”ÿoccurred;
(2) Theÿ“insured’s”ÿnameÿandÿaddress;ÿand
(3) To the extent possible, the names and addresses of any injured persons and witnesses.
Yourÿ “employees”ÿmayÿknowÿofÿanÿ “accident”,ÿclaim,ÿ “suit”ÿorÿ “loss”.ÿ ÿThisÿwillÿ notÿmeanÿ thatÿ youÿhaveÿ suchÿknowledgeÿofÿanÿ“accident”,ÿclaim,ÿ“suit”ÿorÿ“loss”.
COMMERCIAL GENERAL LIABILITY
GC 10 24 07 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GC 10 24 07 09 Includes copyrighted material of Insurance Services Office, Inc., with its permission
Page 1 of 1 %
BLANKET ADDITIONAL INSURED –
COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II – Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured for completed operations. Such person or organization is an additional insured only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" performed for that additional insured and included in the "products-completed operations hazard."
B. With respect to the insurance afforded to these additional insureds, the following limitations apply:
1. This additional insured status is granted only at the locations listed in the written contract.
2. Coverageÿisÿlimitedÿtoÿ“yourÿwork”ÿthatÿisÿdescribedÿinÿtheÿclassificationsÿorÿscheduleÿofÿhazardsÿshown in the General Liability Declarations of this policy.
C. With respect to the insurance afforded to these additional insureds, the following exclusion applies:
This insurance does not apply to:
“Bodilyÿinjury”ÿorÿ“propertyÿdamage”ÿwhichÿoccursÿpriorÿtoÿtheÿexecutionÿofÿtheÿwrittenÿcontractÿorÿtheÿeffective date of this endorsement.
MP 97 67 10 10 Includes copyrighted material of Insurance Services Office, Inc. and Page 1 of 25 American Association of Insurance Services, Inc., with their permission
ARTISANS ADVANTAGE ENHANCED COVERAGE ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
BUILDING AND PERSONAL PROPERTY COVERAGE FORM
CAUSES OF LOSS – SPECIAL FORM
COMMERCIAL PROPERTY CONDITIONS
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
When this endorsement is attached to the policy, insurance under the Building and Personal Property Coverage Form, the Causes of Loss – Special Form, the Commercial Property Conditions and the Commercial General Liability Coverage Form is enhanced to provide the coverages described in this endorsement. All other conditions of the policy continue to apply.
This coverage is subject to the provisions applicable to the Building and Personal Property Coverage Form, Causes of Loss – Special Form, the Commercial Property Conditions and the General Liability Coverage Form.
SCHEDULE
Coverage Enhancements Limits of Insurance Each Location
Property Coverage Premises Boundary 1,000 feet
Property Coverage Extensions Newly Acquired or Constructed Property
Buildings $500,000. at Each Building Business Personal Property $250,000. at Each Building
Personal Effects and Property of Others $ 25,000. at Replacement Cost Valuable Papers and Records (Other than Electronic Data) $ 25,000.
Property Off-Premises (Including Laptops and Other Electronic Equipment) $ 15,000.
Outdoor Property (Named Perils) $ 1,000. per tree/shrub, max. limit $25,000.
Non-Owned Detached Trailers $ 10,000.
Accounts Receivable $ 50,000.
Property in Transit (Including Laptops and Other Electronic Equipment) $ 15,000.
Fine Arts $ 25,000.
Property Additional Coverages Debris Removal $ 25,000.
Fire Department Service Charge $ 5,000.
Pollutant Clean-up and Removal $ 15,000.
Electronic Data $ 25,000.
Interruption of Computer Operations $ 15,000.
Arson Reward $ 5,000.
Water Back-Up and Sump Overflow $ 25,000.
Brands and Labels $ 25,000.
Employee Theft $ 10,000.
Business Income Including Extra Expense $ 25,000.
Business Income from Dependent Properties $ 10,000.
Claims Expenses $ 10,000.
Inventory or Appraisal Cost $ 5,000.
Money and Securities
Inside Outside
$ 10,000.
$ 5,000.
Off Premises Power Failure – Direct Damage $ 10,000.
Ordinance or Law Coverage
Coverage A Coverages B and C Combined
Included within Building Limit.
25% of Bldg. Limit, $150,000. maximum
Outdoor Signs $ 10,000.
Recharging of Fire Extinguishers $ 5,000.
Unauthorized Business Card Use $ 5,000.
Forgery or Alteration $ 10,000.
Salespersons Samples $ 2,500.
Page 2 of 25 Includes copyrighted material of Insurance Services Office, Inc. and MP 97 67 10 10
Inland Marine Coverages Installation Coverage $ 10,000.
Contractors Equipment Coverages:
Small Tools $ 5,000. (Maximum limit per item $1,000) Employee Small Tools $ 1,000. (Maximum limit per item $250) Leased and Rented Equipment $ 5,000.
Rental Reimbursement $ 1,000.
General Liability Additional Coverages Blanket Additional Insured (Including Primary Non-Contributing Coverage) Included in Each Occurrence Limit Mobile Equipment Broadened Coverage Included in Each Occurrence Limit Aggregate Limit Per Project Included in Each Occurrence Limit Blanket Waiver Included in Each Occurrence Limit Voluntary Property Damage Coverage $ 2,500.
The following applies to coverages under this endorsement only.
Property Coverage
Theÿphraseÿ‘withinÿ100ÿfeetÿofÿtheÿdescribedÿpremises’ÿusedÿinÿParagraphs a.(5)(b), b. and c.(2) under A.1. Covered Property of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM and Paragraph 2.c.(1) under C. Limitations of the CAUSES OF LOSS – SPECIAL FORM isÿreplacedÿbyÿtheÿphraseÿ‘withinÿ1,000ÿfeetÿofÿtheÿdescribedÿpremises’.
Property Coverage Extensions
Paragraph A.5. Coverage Extensions of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM is deleted in its entirety and replaced by the following:
5. Coverage Extensions
Except as otherwise provided, the following Extensions apply to property located in or on the building described in the Declarations or in the open (or in a vehicle) within 1,000 feet of the described premises.
If a Coinsurance percentage of 80% or more or, a Value Reporting period symbol, is shown in the Declarations, you may extend the insurance provided by this Coverage Part as follows:
a. Newly Acquired Or Constructed Property
(1) Buildings If this policy covers Building, you may extend that insurance to apply to:
(a) Your new buildings while being built on the described premises; and
(b) Buildings you acquire at locations, other than the described premises, intended for:
(i) Similar use as the building described in the Declarations; or
(ii) Use as a warehouse.
The most we will pay for loss or damage under this Extension is $500,000 at each building.
(2) Your Business Personal Property
(a) If this policy covers Your Business Personal Property, you may extend that insurance to apply to:
(i) Business personal property, including such property that you newly acquire, at any location you acquire, at any location you acquire other than at fairs, trade shows or exhibitions;
(ii) Business personal property, including such property that you newly acquire, located at your newly constructed or acquired buildings at the location described in the Declarations; or
(iii) Business personal property that you newly acquire, located at the described premises.
The most we will pay for loss or damage under this Extension is $250,000 at each building.
(b) This Extension does not apply to:
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(i) Personal property of others that is temporarily in your possession in the course of installing or performing work on such property; or
(ii) Personal property of others that is temporarily in your possession in the course of your manufacturing or wholesaling activities.
(3) Period of Coverage With respect to insurance on or at each newly acquired or constructed property, coverage will end when any of the following first occurs:
(a) This policy expires;
(b) 30 days expire after you acquire or begin construction of that part of the building that would qualify as covered property; or
(c) You report values to us.
We will charge you additional premium for values reported from the date you acquire the property or begin construction of that part of the building that would qualify as covered property.
b. Personal Effects And Property Of Others
(1) You may extend the insurance that applies to Your Business Personal Property to apply to:
(a) Personal effects owned by you, your officers, your partners or members, your managers or your employees.
(b) Personal property of others in your care, custody or control.
This Extension does not apply to employee tools.
(2) The most we will pay for loss or damage under this Extension is $25,000 at each described premises. Our payment for loss of or damage to personal property of others will only be for the account of the owner of the property.
(3) Extension Of Replacement Cost To Personal Property Of Others
(a) Replacement Cost coverage is extended to apply to personal property of others.
(b) Paragraphs 3.b.(1) and 4. under G. Optional Coverages of the BUILDING AND PERSONAL PROPERTY
COVERAGE FORM are deleted and all other provisions of the Replacement Cost Optional Coverage apply to replacement cost on personal property of others.
(c) With respect to replacement cost on the personal property of others the following limitation applies:
If an item of personal property of others is subject to a written contract which governs your liability for loss or damage to that item, then valuation of that item will be based on the amount for which you are liable under such contract, but not to exceed the lesser of the replacement cost of the property or the applicable Limit of Insurance.
c. Valuable Papers And Records (Other Than Electronic Data)
(1) You may extend the insurance that applies to Your Business Personal Property to apply to direct physical loss or damage to valuable papers and records that you own, or that are in your care, custody or control, caused by or resulting from a Covered Cause of Loss. This Extension includes the cost to research lost information on valuable papers and records for which duplicates do not exist. But this Extension does not apply to valuable papers and records which exist as electronic data. Electronic data has the meaning described under Property Not Covered, Electronic Data.
(2) CoverageÿunderÿthisÿExtensionÿisÿlimitedÿtoÿtheÿ“specifiedÿcausesÿofÿloss”ÿasÿdefinedÿinÿtheÿCAUSES OF LOSS – SPECIAL FORM, and Collapse as set forth in that form.
(3) This Extension does not apply to:
(a) Property held as samples or for delivery after sale;
(b) Property in storage away from the premises shown in the Declarations.
(4) Section B. Exclusions in the CAUSES OF LOSS – SPECIAL FORM does not apply to this Extension, except for:
(a) Paragraph B.1.c. Governmental Action;
(b) Paragraph B.1.d. Nuclear Hazard;
(c) Paragraph B.1.f. War And Military Action;
(d) Paragraph B.2.f.;
(e) Paragraph B.2.g.; and
(f) Paragraph B.3.
(5) The most we will pay under this Extension for loss or damage to valuable papers and records in any one occurrence at each described premises is $25,000.
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For valuable papers and records not at a described premises, the most we will pay is $5,000 in any one occurrence.
Such amounts are additional insurance. We will also pay for the cost of blank material for reproducing the records (whether or not duplicates exist), and (when there is a duplicate) for the cost of labor to transcribe or copy the records. The costs of blank material and labor are subject to the applicable Limit of Insurance on Your Business Personal Property and therefore coverage of such costs is not additional insurance.
d. Property Off–Premises (Including Laptops And Other Electronic Equipment)
(1) You may extend the insurance provided by this Coverage Form to apply to your Covered Property while it is away from the described premises, if it is:
(a) Temporarily at a location you do not own, lease or operate;
(b) In storage at a location you lease, provided the lease was executed after the beginning of the current policy term; or
(c) At any fair, trade show or exhibition.
(2) This Extension does not apply to property:
(a) In or on a vehicle; or
(b) In the care, custody or control of your salespersons, unless the property is in such care, custody or control at a fair, trade show or exhibition.
(3) The most we will pay for loss or damage under this Extension is $15,000.
e. Outdoor Property (Named Perils) You may extend the insurance provided by this Coverage Form to apply to your outdoor fences, retaining walls (other than retaining walls that are a part of a building), radio and television antennas (including satellite dishes), signs (other than signs attached to buildings), trees, shrubs and plantsÿ(otherÿthanÿ“stock”ÿofÿtrees,ÿshrubsÿorÿplants),ÿincludingÿdebrisÿ removal expense, caused by or resulting from any of the following causes of loss if they are Covered Causes of Loss:
(1) Fire;
(2) Lightning;
(3) Explosion;
(4) Vandalism;
(5) Vehicle Damage;
(6) Riot or Civil Commotion; or
(7) Aircraft.
The most we will pay for loss or damage under this Extension is $25,000, but not more than $1,000 for any one tree, shrub or plant. These limits apply to any one occurrence, regardless of the types or number of items lost or damaged in that occurrence.
f. Non-Owned Detached Trailers
(1) You may extend the insurance that applies to Your Business Personal Property to apply to loss or damage to trailers that you do not own, provided that:
(a) The trailer is used in your business;
(b) The trailer is in your care, custody or control at the premises described in the Declarations; and
(c) You have a contractual responsibility to pay for loss or damage to the trailer.
(2) We will not pay for any loss or damage that occurs:
(a) While the trailer is attached to any motor vehicle or motorized conveyance, whether or not the motor vehicle or motorized conveyance is in motion;
(b) During hitching or unhitching operations, or when a trailer becomes accidentally unhitched from a motor vehicle or motorized conveyance.
(3) The most we will pay for loss or damage under this Extension is $10,000, unless a higher limit is shown in the
Declarations.
(4) This insurance is excess over the amount due (whether you can collect on it or not) from any other insurance covering such property.
g. Accounts Receivable
(1) You may extend the insurance that applies to Your Business Personal Property to accounts receivable. We will pay:
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(a) All amounts due from your customers that you are unable to collect;
(b) Interest charges on any loan required to offset amounts you are unable to collect pending our payment of these amounts;
(c) Collectionÿexpensesÿinÿexcessÿofÿyourÿnormalÿcollectionÿexpensesÿthatÿareÿmadeÿnecessaryÿbyÿ“loss”;ÿand
(d) Other reasonable expenses that you incur to re-establish your records of accounts receivable;
that result from direct physical loss or damage by any Covered Cause of Loss to your records of accounts receivable.
(2) The most we will pay under this Extension for loss or damage in any one occurrence at eachÿdescribedÿ“premises”ÿisÿ $50,000.
(3) Section B.Exclusions in the CAUSES OF LOSS – SPECIAL FORM does not apply to this Extension, except for:
(a) Paragraph B.1.c. Governmental Action;
(b) Paragraph B.1.d. Nuclear Hazard;
(c) Paragraph B.1.f. War And Military Action;
(d) Paragraph B.2.f.;
(e) Paragraph B.2.g.; and
(f) Paragraph B.3.
(4) The following additional exclusion applies to the Extension:
We will not pay for:
(a) Loss or damage caused by or resulting from alteration, falsification, concealment or destruction of records of accountsÿreceivableÿdoneÿtoÿconcealÿtheÿwrongfulÿgiving,ÿtakingÿorÿwithholdingÿofÿ“money,”ÿ“securities”ÿorÿotherÿ property.
This exclusion applies only to the extent of the wrongful giving, taking or withholding.
(b) Loss or damage caused by or resulting from bookkeeping, accounting or billing errors or omissions.
(c) Any loss or damage that requires any audit of records or any inventory computation to prove its factual existence.
h. Property In Transit (Including Laptops And Other Electronic Equipment)
F.1. under Additional Coverage Extensions of the CAUSES OF LOSS –SPECIAL FORM is deleted and replaced with the following:
1. Property In Transit (Including Laptops And Other Electronic Equipment)
This Extension applies only to your personal property to which this form applies.
a. You may extend the insurance provided by this Coverage Part to apply to your personal property (other than property in the care, custody or control of your salespersons) in transit more than 1,000 feet from the described premises. Property must be in or on a motor vehicle you own, lease or operate while between points in the coverage territory.
b. Loss or damage must be caused by or result from one the following causes of loss:
(1) Fire, lightning, explosion, windstorm or hail, riot or civil commotion, or vandalism.
(2) Vehicle collision, upset or overturn. Collision means accidental contact of your vehicle with another vehicle or object.ÿÿItÿdoesÿnotÿmeanÿyourÿvehicle’sÿcontactÿwithÿtheÿroadÿbed.
(3) Theft of an entire bale, case or package by forced entry into a securely locked body or compartment of the vehicle. There must be visible marks of the forced entry.
c. The most we will pay for loss or damage under this Extension is $15,000.
i. Fine Arts
(1) YouÿmayÿextendÿtheÿinsuranceÿthatÿappliesÿtoÿYourÿBusinessÿPersonalÿPropertyÿtoÿcoverÿ“fineÿarts”ÿownedÿbyÿ you and located on the premises described in the Declarations
(2) In addition to the exclusions in CAUSES OF LOSS – SPECIAL FORM we will not pay for loss or damage caused by or resulting from repairing, restoration, or retouching processes.
(3) In the event of loss or damage, we will pay the actual cash value of the item. The actual cash value will be the price you paid for the item, or the value as determined by an appraisal of the item not more than 360 days prior to the date of loss or damage. In no event will the actual cash value exceed the amount necessary to repair or replace the item with substantially like property.
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(4) Theÿmostÿweÿwillÿpayÿforÿ“fineÿarts”ÿatÿanyÿpremisesÿdescribedÿinÿtheÿDeclarationsÿisÿ$25,000.
Each of these Extensions is additional insurance unless otherwise indicated. The Additional Condition, Coinsurance, does not apply to these Extensions.
Property Additional Coverages
The following are Additional Coverages. The Additional Condition, Coinsurance, does not apply to these coverages.
A. Debris Removal
A.4.a. of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM is deleted and replaced as follows:
a. Debris Removal
(1) Subject to Paragraphs (3) and (4), we will pay your expense to remove debris of Covered Property caused by or resulting from a Covered Cause of Loss that occurs during the policy period. The expenses will be paid only if they are reported to us in writing within 180 days of the date of direct physical loss or damage.
(2) Debris Removal does not apply to costs to:
(a) Extract "pollutants" from land or water; or
(b) Remove, restore or replace polluted land or water.
(3) Subject to the exceptions in Paragraph (4), the following provisions apply:
(a) The most we will pay for the total of direct physical loss or damage plus debris removal expense is the Limit of Insurance applicable to the Covered Property that has sustained loss or damage.
(b) Subject to (a) above, the amount we will pay for debris removal expense is limited to 25% of the sum of the deductible plus the amount that we pay for direct physical loss or damage to the Covered Property that has sustained loss or damage.
(4) We will pay up to an additional $25,000 for debris removal expense, for each location, in any one occurrence of physical loss or damage to Covered Property, if one or both of the following circumstances apply:
(a) The total of the actual debris removal expense plus the amount we pay for direct physical loss or damage exceeds the Limit of Insurance on the Covered Property that has sustained loss or damage.
(b) The actual debris removal expense exceeds 25% of the sum of the deductible plus the amount that we pay for direct physical loss or damage to the Covered Property that has sustained loss or damage.
Therefore, if (4)(a) and/or (4)(b) apply, our total payment for direct physical loss or damage and debris removal expense may reach but will never exceed the Limit of Insurance on the Covered Property that has sustained loss or damage, plus $25,000.
(5) Examples Example #1 Limit of Insurance $ 90,000 Amount of Deductible $ 500 Amount of Loss $ 50,000 Amount of Loss Payable $ 49,500
($50,000 – $500) Debris Removal Expense $ 10,000 Debris Removal Expense Payable $ 10,000 ($10,000 is 20% of $50,000)
The debris removal expense is less than 25% of the sum of the loss payable plus the deductible. The sum of the loss payable and the debris removal expense ($49,500 + $10,000 = $59,500) is less than the Limit of Insurance.
Therefore, the full amount of debris removal expense is payable in accordance with the terms of Paragraph (3).
Example #2 Limit of Insurance $ 90,000 Amount of Deductible $ 500 Amount of Loss $ 80,000 Amount of Loss Payable $ 79,500
($80,000 – $500) Debris Removal Expense $ 35,500
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Debris Removal Expense Payable
Basic Amount $ 10,500 Additional Amount $ 25,000
The basic amount payable for debris removal expense under the terms of Paragraph (3) is calculated as follows:
$80,000 ($79,500 + $500) x .25 = $20,000; capped at $10,500). The cap applies because the sum of the loss payable ($79,500) and the basic amount payable for debris removal expense ($10,500) cannot exceed the Limit of Insurance ($90,000).
The additional amount payable for debris removal expense is provided in accordance with the terms of Paragraph (4), because the debris removal expense ($35,500) exceeds 25% of the loss payable plus the deductible ($35,500 is 44.375% of $80,000), and because the sum of the loss payable and debris removal expense ($79,500 + $35,500 = $115,000) would exceed the Limit of Insurance ($90,000). The additional amount of covered debris removal expense is $25,000, the maximum payable under Paragraph (4). Thus the total payable for debris removal expense in this example is $35,500.
B. Fire Department Service Charge A.4.c. of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM is deleted and replaced as follows:
c. Fire Department Service Charge
When the fire department is called to save or protect Covered Property from a Covered Cause of Loss, we will pay up to $5,000 for your liability for fire department service charges:
(1) Assumed by contract or agreement prior to loss; or
(2) Required by local ordinance.
No Deductible applies to this Additional Coverage.
C. Pollutant Clean-up And Removal A.4.d. of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM is deleted and replaced as follows:
d. Pollutant Clean-up And Removal
We will pay your expense to extract "pollutants" from land or water at the described premises if the discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused by or results from a Covered Cause of Loss that occurs during the policy period. The expenses will be paid only if they are reported to us in writing within 180 days of the date on which the Covered Cause of Loss occurs.
This Additional Coverage does not apply to costs to test for, monitor or assess the existence, concentration or effects of "pollutants". But we will pay for testing which is performed in the course of extracting the "pollutants" from the land or water.
The most we will pay under this Additional Coverage for each described premises is $15,000 for the sum of all covered expenses arising out of Covered Causes of Loss occurring during each separate 12 month period of this policy.
D. Electronic Data A.4.f. of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM is deleted and replaced as follows:
f. Electronic Data
(1) Under this Additional Coverage, electronic data has the meaning described under Property Not Covered, Electronic Data.
(2) Subject to the provisions of this Additional Coverage, we will pay for the cost to replace or restore electronic data, which has been destroyed or corrupted by a Covered Cause of Loss. To the extent that electronic data is not replaced or restored, the loss will be valued at the cost of replacement of the media on which the electronic data was stored, with blank media of substantially identical type.
(3) Inÿadditionÿtoÿtheÿ“specifiedÿcausesÿofÿloss”ÿasÿdefinedÿinÿtheÿCAUSES OF LOSS – SPECIAL FORM, and Collapse as set forth in that form, the following are covered causes of loss:
(a) A virus, harmful code or similar instruction introduced into or enacted on a computer system (including electronic data) or a network to which it is connected, designed to damage or destroy any part of the system or disrupt its normal operation. But there is no coverage for loss or damage caused by or resulting from manipulation of a computer system (including electronic data) by any employee, including a temporary or leased employee, or by an entity retained by you or for you to inspect, design, install, modify, maintain, repair or replace that system.
(b) Changes in your electrical power supply, including interruption, power surge, blackout or brownout, if the cause of such event originates 100 feet or less from any premises described in the Declarations;
(c) Dishonest acts committed by your employees acting alone or in collusion with other persons, except you or your partners, directors or trustees, but theft by employees is not covered;
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(d) Dampness or dryness of atmosphere or changes in or extremes of temperature;
(e) Floods, surface water, waves, tides, tidal waves, overflow of any body of water, or their spray, all whether driven by wind or not; and
(f) Earth movement, such as an earthquake, landslide or earth sinking, rising or shifting.
(4) The most we will pay under this Additional Coverage – Electronic Data is $25,000 for all loss or damage sustained in any one policy year, regardless of the number of occurrences of loss or damage or the number of premises, locations or computer systems involved.
E. Interruption Of Computer Operations We will pay your necessaryÿ“ExtraÿExpense”ÿtoÿcontinueÿnormalÿoperationsÿcausedÿbyÿanÿinterruptionÿinÿcomputerÿoperationsÿ due to destruction or corruption of your electronic data due to a Covered Cause of Loss.
Weÿwillÿalsoÿpayÿforÿyourÿactualÿ“BusinessÿIncome”ÿifÿyouÿmustÿclose all or part of your business due to destruction or corruption of your electronic data due to a Covered Cause of Loss.
The most we will pay under this coverage is $15,000 for any one occurrence.
Under this Additional Coverage – Interruption Of Computer Operations, electronic data has the meaning set forth in Paragraph 5. Limitation – Interruption of Computer Operations included in Additional Coverage – Business Income Including Extra Expense of this form.
F. Arson Reward We will reimburse you for an arson reward that you give to someone who discloses information that leads to the conviction of a person or persons for arson at the premises described in the Declarations.
The most we will pay under this coverage is $5,000 each occurrence.
G. Water Back-Up And Sump Overflow
1. We will pay for direct physical loss or damage to Covered Property caused by or resulting from:
a. Water which backs up through or overflows from a sewer or drain; or
b. Water which overflows from a sump, even if the overflow results from mechanical breakdown of a sump pump or its related equipment.
However, with respect to Paragraph b. above, we will not pay the cost of repairing or replacing a sump pump or its related equipment in the event of mechanical breakdown.
2. The coverage described in Paragraph 1. above doesÿnotÿapplyÿtoÿlossÿorÿdamageÿresultingÿfromÿanÿinsured’sÿfailureÿto:
a. Keep a sump pump or its related equipment in proper working condition; or
b. Perform the routine maintenance or repair necessary to keep a sewer or drain free from obstructions.
3. The most we will pay under this coverage is $25,000 each occurrence.
4. With respect to the coverage provided in this Additional Coverage –Water Back-Up and Sump Overflow, Paragraph
3. of the Water Exclusion included in this Policy does not apply.
H. Brands And Labels
If branded or labeled merchandise that is Covered Property is damaged by a Covered Cause of Loss, we may take all or part of the property at an agreed or appraised value. If so, you may:
1. Stampÿ theÿ wordÿ ‘Salvage’ÿ onÿ theÿ merchandiseÿ orÿ itsÿ containers,ÿ ifÿ theÿ stampÿ willÿ notÿ physicallyÿ damageÿ theÿ merchandise; or
2. Remove the brands and labels, if doing so will not physically damage the merchandise or its containers to comply with the law.
We will pay reasonable costs you incur to perform the activity described in Paragraphs 1. and 2. above. The most we will pay for these costs and the value of the damaged property under this Additional Coverage is $25,000.
Payments under this Additional Coverage are subject to and not in addition to the Limits of Insurance.
I. Employee Theft
1. WeÿwillÿpayÿforÿdirectÿlossÿofÿorÿdamageÿtoÿYourÿBusinessÿPersonalÿPropertyÿandÿyourÿ“money”ÿandÿ“securities”ÿresultingÿ fromÿ“theft”ÿcommittedÿbyÿanyÿofÿyourÿ“employees”ÿactingÿaloneÿorÿinÿcollusionÿwithÿotherÿpersonsÿ(exceptÿyouÿorÿyourÿ partners, members or managers) with the manifest intent to:
a. Cause you to sustain loss or damage; and also
b. Obtain financial benefit (other than salaries, commissions, fees, bonuses, promotions, awards, profit sharing, pensions or other employee benefits earned in the normal course of employment) for:
(1) Anyÿ“employee”;ÿor
(2) Any other person or organization.
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2. We will not pay for loss or damage:
a. Resulting from any dishonestÿorÿcriminalÿactÿ thatÿyouÿorÿanyÿofÿyourÿpartners,ÿmembers,ÿofficers,ÿ“managers,”ÿ directors, trustees, authorized representatives or anyone to whom you entrust the property for any purpose commit, whether acting alone or in collusion with other persons; or
b. The only proof of which as to its existence or amount is one or both of the following:
(1) An inventory computation; or
(2) A profit and loss computation.
3. The most we will pay under this Additional Coverage for loss or damage in any one occurrence is $10,000.
4. All loss or damage:
a. Causedÿbyÿoneÿorÿmoreÿ“employees”;ÿand
b. Involving a single act or series of related acts;
is considered one occurrence.
5. We will pay only for loss or damage you sustain through acts committed or events occurring during the policy period.
Regardless of the number of years this policy remains in force or the number of premiums paid, no Limit of Insurance cumulates from year to year or period to period.
6. This Additional Coverage does not apply to loss causedÿbyÿanÿ“employee”ÿafterÿdiscoveryÿby:
a. You; or
b. Anyÿofÿyourÿpartners,ÿofficersÿorÿdirectors,ÿorÿmembersÿorÿ“managers”ÿnotÿinÿcollusionÿwithÿtheÿ“employee”;
ofÿanyÿ“theft”ÿorÿanyÿotherÿdishonestÿactÿcommittedÿbyÿthatÿ“employee”ÿbeforeÿorÿafterÿbeingÿhired by you.
7. Extended Period To Discover Loss
a. We will pay for loss that you sustained prior to the effective date of termination or cancellation of this policy, which is discovered by you no later than 1 year from the date of that termination or cancellation.
b. However, this extended period to discover loss terminates immediately upon the effective date of any other insurance obtained by you replacing in whole or in part the insurance afforded by this policy, whether or not such other insurance provides coverage for loss sustained prior to its effective date.
8. If you discover a loss or damage during the policy period that you (or any predecessor in interest) sustained during the period of any prior insurance that you could have recovered under that insurance except that the time within which to discover loss or damage had expired, we will pay for it under this Additional Coverage, provided:
a. This Additional Coverage became effective at the time of cancellation or termination of the prior insurance; and
b. The loss or damage would have been covered by this Additional Coverage had it been in effect when the acts or events causing the loss or damage were committed or occurred.
9. The insurance under Paragraph 8. above is provided within, and not in addition to, the Limit of Insurance applying to this
Additional Coverage and is limited to the lesser of the amount recoverable under:
a. This Additional Coverage as of its effective date; or
b. The prior insurance, had it remained in effect.
10. None of the exclusions in Section B. Exclusions of the CAUSES OF LOSS –SPECIAL FORM apply to Employee Theft Coverage…
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