2023-9-26_COI.pdf

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Attached to
Master Agreement AZ|CTR066187
Contract number
CTR066187
Issued by
Arizona

About this file

This document is a comprehensive insurance policy package for Against Abuse, Inc., issued by Philadelphia Indemnity Insurance Company and CopperPoint Indemnity Insurance Company. The policies include Commercial General Liability, Professional Liability, Commercial Umbrella Liability, Commercial Auto Liability, and Workers' Compensation coverage, with the State of Arizona Department of Economic Security listed as a certificate holder. The insurance coverage is effective from 09/26/2022 to 09/26/2023, with Philadelphia Indemnity Insurance Company serving as the primary carrier for most policy types.

The insurance policies provide multiple layers of protection with significant coverage limits, including $1,000,000 per professional incident with a $3,000,000 aggregate for Professional Liability, $2,000,000 Each Occurrence and General Aggregate for the Umbrella Liability policy, and $1,000,000 Each Occurrence for Commercial General Liability. The policies include specific provisions for abusive conduct liability, with $1,000,000 per abusive conduct incident and a $2,000,000 aggregate. Additional coverages include automobile physical damage, electronic equipment protection, and a waiver of subrogation in favor of the State of Arizona and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees for losses arising from work performed by or on behalf of the contractor.

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ANY PROPRIETOR/PARTNER/EXECUTIVE

OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD

PRODUCER CONTACT

NAME:

FAXPHONE

(A/C, No):(A/C, No, Ext):

E-MAIL

ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER

POLICY EFF POLICY EXP

TYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE

EACH OCCURRENCE $

DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence)

MED EXP (Any one person) $

PERSONAL & ADV INJURY $

GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $

PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT

OTHER: $

COMBINED SINGLE LIMIT

$(Ea accident)

ANY AUTO BODILY INJURY (Per person) $

OWNED SCHEDULED

BODILY INJURY (Per accident) $AUTOS ONLY AUTOS

HIRED NON-OWNED PROPERTY DAMAGE

$AUTOS ONLY AUTOS ONLY (Per accident)

OCCUR EACH OCCURRENCE

CLAIMS-MADE AGGREGATE $

DED RETENTION $

PER OTH-

STATUTE ER

E.L. EACH ACCIDENT

E.L. DISEASE - EA EMPLOYEE $

If yes, describe under

E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below

INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY

Y / N

N / A (Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

ACCORDANCE WITH THE POLICY PROVISIONS.

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.

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.

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).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION

© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

The ACORD name and logo are registered marks of ACORD

6/29/2023

(928) 514-2962

18058

Against Abuse, Inc P. O. Box 10733 Casa Grande, AZ 85130

A 1,000,000

X X PHPK2469504 9/26/2022 9/26/2023 100,000

Prof Liab Incl 5,000 Claims Made 9/26/90 1,000,000

3,000,000 3,000,000

ABUSIVE CONDUCT 1,000,000

1,000,000A

X X PHPK2469504 9/26/2022 9/26/2023

2,000,000A

X X PHUB834130 9/26/2022 9/26/2023 2,000,000

10,000

A Abusive Conduct PHPK2469504 9/26/2022 Each Occurrence 1,000,000

A Abusive Conduct PHPK2469504 9/26/2022 9/26/2023 Aggregate 2,000,000

RE: Contract # CTR066187 Professional Liability Philadelphia Indemnity Insurance Company Policy #PHPK2322693 Effective: 9/26/2022 to 9/26/2023 Limits: $1,000,000 Each Claim/$3,000,000 Aggregate Claims Made

SEE ATTACHED ACORD 101

State of Arizona Arizona Department of Economic Security 1789 W Jefferson St Mail Drop 6271 Phoenix, AZ 85007

AGAIABU-01 BRITTANYKOCIS

NFP Property & Casualty Services, Inc.

6992 East Broadway Boulevard Tucson, AZ 85710

Patricia Dressler patti.dressler@nfp.com

Philadelphia Indemnity Insurance Company

9/26/2023

X X

X X

X

X

X

X

FORM NUMBER:

EFFECTIVE DATE:

The ACORD name and logo are registered marks of ACORD

ADDITIONAL REMARKS

ADDITIONAL REMARKS SCHEDULE

FORM TITLE:

Page of

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,

ACORD 101 (2008/01)

AGENCY CUSTOMER ID:

LOC #:

AGENCY NAMED INSURED

POLICY NUMBER

CARRIER NAIC CODE

© 2008 ACORD CORPORATION. All rights reserved.

NFP Property & Casualty Services, Inc.

AGAIABU-01

SEE PAGE 1

SEE PAGE 1

ACORD 25 Certificate of Liability Insurance

SEE P 1

Against Abuse, Inc P. O. Box 10733 Casa Grande, AZ 85130 Pima

SEE PAGE 1

BRITTANYKOCIS

Description of Operations/Locations/Vehicles:

Retro Date: 9/26/1990

State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor are included as additional insured on a primary and non-contributory basis in accordance with the policy provisions of the General Liability, Automobile Liability, Professional Liability and Umbrella Liability arising out of the activities performed by or on behalf of the Contractor which involve automobiles owned, hired and/or non-owned by the Contractor. Waiver of Subrogation as required by this written agreement, in favor of the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor.

"Abusive Conduct coverage is not excluded"

PI-MANU-1 (01/00)

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY

All other terms and conditions of this Policy remain unchanged.

State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor

The following provisions are added to the policy:

1. WHO IS AN INSURED is amended to include as an insured the person or organization shown in the above SCHEDULE, but only with respect to their liability for activities performed by you or on your behalf relating to the conduct of your business;

2. The coverage provided by this endorsement includes the assumption of liability in a written or oral contract between the named insured and the person or organization shown in the above SCHEDULE for work performed by you or on your behalf relating to the conduct of your business;

3. The coverage provided by this endorsement only is primary. Any other applicable insurance will apply as excess; and

4. We agree to waive any right of recovery we may have against the person or organization shown in the above SCHEDULE because of payments we make for injury or damage arising out of your ongoing operations or "your work" performed under a contract with that person or organization.

Additional Insured - State of Arizona

All other terms and conditions of this Policy remain unchanged.

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

HUMAN SERVICES ORGANIZATION PROFESSIONAL LIABILITY COVERAGE FORM

SEXUAL OR PHYSICAL ABUSE OR MOLESTATION VICARIOUS LIABILITY COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

Policy#: PHPK2469504

SCHEDULE

Name of Person or Organization:

State of Arizona, and its departments, agencies, boards, commissions, universities, officers,officials, agents, and employees as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor involving automobiles owned, hired and/or non-owned by the Contractor.

The following provisions are added to the policy:

1. WHO IS AN INSURED is amended to include as an insured the person or organization shown in the above SCHEDULE, but only with respect to their liability for activities performed by you or on your behalf relating to the conduct of your business;

2. The coverage provided by this endorsement includes the assumption of liability in a written or oral contract between the named insured and the person or organization shown in the above SCHEDULE for work performed by you or on your behalf relating to the conduct of your business;

3. The coverage provided by this endorsement only is primary. Any other applicable insurance will apply as excess; and

4. We agree to waive any right of recovery we may have against the person or organization shown in the above SCHEDULE because of payments we make for injury or damage arising out of your ongoing operations or "your work" performed under a contract with that person or organization.

Addl Insured-The State of Arizona

POLICY NUMBER: COMMERCIAL GENERAL LIABILITY

CG 24 04 05 09

CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE

Name Of Person Or Organization:

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV – Conditions:

We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above.

PHPK2469504

State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor

All other terms and conditions of this Policy remain unchanged.

This endorsement modifies insurance provided under the following:

SEXUAL OR PHYSICAL ABUSE OR MOLESTATION VICARIOUS LIABILITY COVERAGE FORM

OCCURRENCE

Prior Acts Period:

From: 9/26/1991 (12:01 A.M. Standard Time)

To: 9/26/2017 (12:01 A.M. Standard Time)

Limit of Insurance (per claim/aggregate): $1,000,000 / $3,000,000

Premium: $500

Prior Carrier Policy Number Limit of Insurance (per claim/aggregate)

SSCIP SS30912617 $1,000,000 / $3,000,000

Deductible

In consideration of the premium shown above and for purposes of this endorsement only:

A. SECTION I - COVERAGE SEXUAL OR PHYSICAL ABUSE OR MOLESTATION VICARIOUS

LIABILITY, 1. Insuring Agreement, Paragraph b. is deleted in its entirety and replaced with the following:

b. This insurance applies to "damages" because of "bodily injury" only if:

(1) The "bodily injury" is caused by "abusive conduct" that takes place in the "coverage territory";

(2) The "bodily injury" occurs during the Prior Acts Period set forth above.

(3) The claim for "damages" is first made or "suit" is first brought after this Policy's effective date.

This insurance does not apply to:

(a) Any alleged "abusive conduct" which had been reported or notice given under any other insurance policy providing this coverage.

PRIOR ACTS (NOSE COVERAGE) ENDORSEMENT

All other terms and conditions of this Policy remain unchanged.

(b) Any alleged "abusive conduct" that could have reasonably resulted in "bodily injury" that was known by any insured prior to the inception of this insurance.

(c) Any "abusive conduct" that occurred or was alleged to have occurred before the Prior Acts Period set forth above.

B. SECTION III - LIMIT OF INSURANCE is deleted in its entirety and replaced with the following:

The per claim Limit set forth above is the most we will pay for all

"damages" incurred as a result of any one claim of "abusive conduct," regardless of the number of insureds; claims made or "suits" brought; or, persons or organizations making claims or bringing "suits." The Aggregate

Limit set forth above is the total limit of our liability for all "damages" to which this insurance applies.

The premium for the endorsement as shown above is fully earned on inception of this endorsement and non-refundable. The coverage provided by this endorsement may not be canceled by either party for any reason.

PI-SAM-008 (05/19)

©2019 Philadelphia Consolidated Holding Corp.

Includes copyrighted material of Insurance Services Office, Inc., with permission.

ABUSIVE CONDUCT LIABILITY COVERAGE FORM

PLEASE READ THE ENTIRE FORM CAREFULLY.

Various provisions in this policy restrict coverage. Read the entire policy carefully to determine your rights, duties and what is and is not covered.

Throughout this policy the words “you” and “your” refer to the Named Insured shown in the Declarations.

The words “we,” “us” and “our” refer to the Company providing this insurance.

The word “insured” means any person or organization qualifying as such under SECTION II – WHO IS

AN INSURED.

Within the context of this coverage form, “this insurance” refers to the coverage provided by this Abusive Conduct Liability Coverage Form.

Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION VI –

DEFINITIONS.

SECTION I – COVERAGE

A. ABUSIVE CONDUCT LIABILITY COVERAGE

1. Insuring Agreement

a. We will pay those sums that the insured becomes legally obligated to pay as “damages” because of “bodily injury” to which this insurance applies caused by:

(1) “Abusive conduct”;

(2) The negligent:

(a) Employment;

(b) Selection;

(c) Investigation;

(d) Supervision;

(e) Reporting to the proper authorities, or failure to so report; or

(f) Retention of any “employee,” “volunteer worker” or any other person or persons for whom the insured is or ever was legally responsible and whose conduct would be covered by (1) above;

(3) The negligent:

©2019 Philadelphia Consolidated Holding Corp.

Includes copyrighted material of Insurance Services Office, Inc., with permission.

(a) Placement of adoptive or foster children;

(b) Selection or training of adoptive or foster parents; or

(c) Supervision of adoptive or foster parents, that gives rise to “claims” of “abusive conduct”;

(4) The negligent:

(a) Design;

(b) Control;

(c) Maintenance;

(d) Supervision;

(e) Inspection; or

(f) Investigation of prospective tenants of your premises; premises in your control; or premises you have leased to another that gives rise to “claims” of “abusive conduct”; or

(5) The negligent failure to provide professional services or neglect of the therapeutic needs of a client, patient or other person because of “abusive conduct.”

Subject to the above provisions, we have the right and duty to defend any “suit” seeking “damages” to which this insurance applies. However, we have no duty to defend the insured against any “suit” seeking “damages” to which this insurance does not apply. We may at our discretion, investigate and settle any “claim” of "abusive conduct" and any “suit” that may result. But:

(i) The amount we will pay for “damages” is limited as described in SECTION III –

LIMITS OF INSURANCE; and

(ii) Our right and duty to defend end when we have used up our applicable limit of insurance in the payment of “damages.”

We will pay, with respect to any “claim” we investigate or “suit” we defend, any “defense costs” we incur. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for in B. EMPLOYEE AND VOLUNTEER WORKER

DEFENSE COVERAGE below.

b. This insurance applies to “damages” because of “bodily injury” only if:

(1) The “bodily injury” is caused by “abusive conduct” that takes place in the “coverage

©2019 Philadelphia Consolidated Holding Corp.

Includes copyrighted material of Insurance Services Office, Inc., with permission.

territory”; and

(2) The “abusive conduct” first occurs during the policy period.

c. “Damages” because of “bodily injury” include “damages” claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury.”

2. Exclusions

This insurance does not apply to:

a. Any “claim” or “suit” against any person who personally takes part in any “abusive conduct”;

b. Any “claim” or “suit” against any person who intentionally fails to report “abusive conduct” committed by an “employee,” “volunteer worker” or any other person for whom any insured is legally responsible;

c. Any “claim” or “suit” against any person who commits an intentional or criminal act;

d. Any “claim” or “suit” against any “employee,” “volunteer worker” or any other person for whom any insured is or ever was legally responsible if at the time of this policy’s inception any insured was aware of actual or alleged “abusive conduct” by such person;

e. Liability assumed by the insured under any contract or agreement;

f. Any obligation for which an insured, or any insurance carrier of the insured, may be held liable under a workers compensation, disability benefits or unemployment compensation law or any similar law;

g. Any “claim” or “suit” arising out of matters which may be deemed uninsurable;

h. Any “claim” made against an insured by another insured except a “claim” made by an insured who is an “employee” or “volunteer worker,” subject to Exclusion i. below;

i. Any “claim” made by or on behalf of:

(1) Your “employee” or “volunteer worker”;

(2) The spouse, child, parent, brother or sister of an “employee” or “volunteer worker” as a consequence of “abusive conduct” to that person; or

(3) Any applicants for employment or former “employees” or “volunteer workers.”

However, this exclusion does not apply in the limited instance where your “employee” or

“volunteer worker” is also your client and receiving services falling within the official scope of

©2019 Philadelphia Consolidated Holding Corp.

Includes copyrighted material of Insurance Services Office, Inc., with permission.

the services which you provide and the “claim” arises out of the provision of these services;

j. Any “defense costs” associated with a criminal trial including appeals;

k. “Abusive conduct” that predates the inception of this policy notwithstanding that such

“abusive conduct” may continue into this policy period;

l. Any “claim” arising out of, based upon or attributable to:

(1) Any litigation or demand against an insured pending on or before the inception of this policy, including any future litigation or demand based on the prior or pending litigation that is derived from the same or essentially the same facts as alleged in such prior litigation;

(2) Any “abusive conduct,” fact, circumstance or situation which has been the subject of any written notice given under any other policy of insurance prior to inception of this policy; or

(3) Any “abusive conduct,” fact, circumstance or situation of which, as of the inception of this policy, the insured had knowledge and from which the insured could reasonably expect a

“claim” to arise; or

m. Any “claim” or “suit” arising out of sexual discrimination and/or sexual harassment, whether asserted under any federal or state statute or the common or civil law of any jurisdiction.

B. EMPLOYEE AND VOLUNTEER WORKER DEFENSE COVERAGE

We will also pay on your behalf “defense costs” for an “employee” or “volunteer worker” who is alleged to be directly involved in “abusive conduct” until such time as that individual is adjudicated to be a wrongdoer or enters a plea of no-contest.

This coverage does not apply to any “employee” or “volunteer worker” who knowingly allows the “abusive conduct.”

SECTION II – WHO IS AN INSURED

A. You are an insured.

B. Each of the following is also an insured:

1. Your directors, but only for liability arising from their duties as your directors;

2. Your “employees,” but only for liability arising within the scope of their employment duties for you;

3. Your “volunteer workers” but only for liability arising within the scope of their volunteer duties related to the conduct of your organization; and

©2019 Philadelphia Consolidated Holding Corp.

Includes copyrighted material of Insurance Services Office, Inc., with permission.

4. Students in training, but only for liability arising within the scope of their duties related to the conduct of your organization.

SECTION III – LIMITS OF INSURANCE

A. The limit of insurance shown in the Declarations and the rules below fix the most we will pay for all “damages” regardless of the number of:

1. Insureds;

2. “Claims” made or "suits" brought; or

3. Persons or organizations making “claims” or bringing “suits.”

B. The Each Abusive Conduct Limit shown in the Declarations is the most we will pay for each “abusive conduct” incident regardless of the number of incidents involved. Two or more “claims” for “damages” because of the same “abusive conduct” shall be:

1. Considered a single “claim”; and

2. Such “claims,” whenever made, shall be assigned to only one policy (whether issued by us or any other insurer) and if that is this policy, only one Each Abusive Conduct limit of insurance shall apply.

C. The aggregate limit shown in the Declarations is, subject to Paragraph B. of this section, the total limit of our liability for all “damages” to which this insurance applies.

Multiple incidents of “abusive conduct” which take place over multiple policy periods for which this coverage is provided shall be deemed to constitute one “abusive conduct” and shall be deemed to occur only at the time of such first incident. Coverage for such “abusive conduct” shall be provided only under the policy, if any, which is in place at the time of the first such incident and shall be subject to the applicable limit of insurance in that one policy.

The aggregate limit of this Coverage Part applies separately to each consecutive annual period of this policy; and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations; unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the limit of insurance.

SECTION IV – DEDUCTIBLE

A. Our obligation to pay “damages” on your behalf applies only to the amount of “damages” in excess of the applicable deductible amount shown in the Declarations.

B. The Deductible applies to all “damages” that are the result of any “claim” of “abusive conduct.”

C. The terms of this insurance, including those with respect to:

1. Our right and duty to defend the insured against any “suits” seeking those “damages”; and

2. Your duties in the event of an incident, “claim,” or “suit” apply irrespective of the application of the deductible amount.

©2019 Philadelphia Consolidated Holding Corp.

Includes copyrighted material of Insurance Services Office, Inc., with permission.

D. We may pay any part or all of the deductible amount to effect settlement of any claim or “suit” and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us.

SECTION V – ABUSIVE CONDUCT LIABILITY CONDITIONS

A. Bankruptcy

Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part.

B. Duties In the Event of an Incident, Claim or Suit

1. If a “claim” is made or “suit” is brought against any insured, you must provide us with written notice of the “claim” or “suit” as soon as practicable, but no later than 60 days after the “claim” is made or “suit” is brought.

2. You 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, settlement or defense of the “claim” or "suit" including the release of any personnel records of the person(s) allegedly involved in the “abusive conduct”; 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 "abusive conduct" to which this insurance may also apply.

3. No insureds will, except at their own cost, and without recourse to this policy, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent.

C. Legal Action Against Us

No person or organization has a right under this Coverage Part:

1. To join us as a party or otherwise bring us into a "suit" asking for "damages" from an insured; or

2. To sue us on this Coverage Part unless all of its terms have been fully complied with.

A person or organization may sue us to recover as a result of an “agreed settlement” or on a final judgment against an insured obtained after an actual trial, but we will not be liable for “damages”

©2019 Philadelphia Consolidated Holding Corp.

Includes copyrighted material of Insurance Services Office, Inc., with permission.

that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance.

D. Other Insurance

If other valid and collectible insurance is available to the insured for a loss we cover under this

Coverage Part, our obligations are limited as follows:

1. Primary Insurance

This insurance is primary except when 2. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in 3. below.

2. Excess Insurance

If any insured has other insurance providing coverage similar to this insurance, then this insurance shall be excess over and above that other insurance except where such insurance is specifically designated as excess to this policy.

When this insurance is excess, we will have no duty to defend any “claim” or "suit" that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers.

When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of:

a. The total amount that all such other insurance would pay for the loss in the absence of this insurance; and

b. The total of all deductible and self-insured amounts under all that other insurance.

We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision.

3. Method of Sharing

If all of the other insurance permits contribution by equal shares, we will follow this method also.

Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first.

If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limit of insurance of all insurers.

E. Premium Audit

1. We will compute all premiums for this Coverage Part in accordance with our rules and rates;

©2019 Philadelphia Consolidated Holding Corp.

Includes copyrighted material of Insurance Services Office, Inc., with permission.

2. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium, we will return the excess to the first Named Insured; and

3. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request.

F. Representations

By accepting this policy, the insured agrees:

1. The statements in the Declarations, and in the application for insurance are accurate and complete;

2. Those statements are based upon representations made by the insureds; and

3. We have issued this policy in reliance upon those representations.

G. 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 Coverage

Part, 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 and help us enforce them.

H. Two Or More Coverage Parts Or Policies Issued By Us

It is our stated intention that the various coverage parts or policies issued to you by us, or any company affiliated with us, do not provide any duplication or overlap of coverage for the same “claim” or “suit.” We have exercised diligence to draft our coverage parts and policies to reflect this intention, but should the circumstances of any “claim” or "suit" give rise to such duplication or overlap of coverage, then, notwithstanding any other provision of this or any other policy, if this policy and any other coverage part or policy issued to you by us, or any company affiliated with us, apply to the same "abusive conduct," professional incident, occurrence, offense, wrongful act, accident or loss, “claim” or “suit,” the maximum limit of insurance under all such coverage parts or policies combined shall not exceed the highest applicable limit of insurance under any one coverage part or policy.

This condition does not apply to any Excess or Umbrella policy issued by us specifically to apply as excess insurance over this policy.

I. When We Do Not Renew

If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date.

©2019 Philadelphia Consolidated Holding Corp.

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If notice is mailed, proof of mailing will be sufficient proof of notice.

SECTION VI – DEFINITIONS

A. “Abusive conduct” means all actual, threatened or alleged acts of physical abuse, sexual abuse, sexual molestation, sexual misconduct, sexual exploitation, or sexual injury arising out of a single act, or continuous or repeated exposure of one person or two or more people to multiple acts, of a sexual nature committed by:

1. One person; or

2. Two or more people acting together or in related acts or series of acts.

Any act or multiple, continuous, related or repeated acts of “abusive conduct” by one person or two or more people acting together will be deemed one “abusive conduct” and will be deemed to occur only when the first “abusive conduct” takes place, regardless of:

a. The number of people injured;

b. The time period, including multiple policy periods, over which the “abusive conduct” took place;

c. The number of such acts; or

d. Whether, in the case of two or more people acting together, each such person participated in each act.

B. “Agreed settlement” means a settlement and release of liability signed by the insured and the claimant or the claimant's legal representative, and approved by us.

C. “Bodily injury” means bodily injury, sickness or disease sustained by a person. “Bodily injury” includes mental anguish, mental injury, shock, fright or death resulting from physical injury or “abusive conduct.”

D. “Claim” means any written demand for monetary relief.

E. “Coverage territory” means:

1. The United States of America (including its territories and possessions), Puerto Rico and Canada;

2. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph 1. above; or

3. All other parts of the world if the injury or damage arises out of the activities of a person whose home is in the territory described in Paragraph 1. above but is away for a short period of time on your business;

provided the insured’s responsibility to pay “damages” is determined in a “suit” on the merits, in the territory described in Paragraph 1. above or in a settlement to which we agree.

F. “Damages” means a monetary:

©2019 Philadelphia Consolidated Holding Corp.

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1. Judgment;

2. Award; or

3. Settlement, but does not include fines, sanctions, penalties, punitive or exemplary damages or the multiple portion of any damages.

G. “Defense costs” mean any costs to investigate a “claim” or defend a “suit” seeking “damages.”

These costs are outside the limits of insurance.

H. “Employee” includes a "leased worker" or a “temporary worker.”

I. “Leased worker” means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business.

J. “Suit” means a civil proceeding in which “damages” because of “abusive conduct” to which this insurance applies are alleged. “Suit” also includes:

1. An arbitration proceeding in which such “damages” are claimed and to which you must submit or do submit with our consent; or

2. Any other alternative dispute resolution proceeding in which such “damages” are claimed and to which you submit with our consent.

K. “Temporary worker” means a person who is furnished to you to substitute for a permanent “employee” on leave or to meet seasonal or short-term workload conditions.

L. “Volunteer worker” means a person who is not your “employee,” and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you.

PI-CA-001 (09/15)

© 2015 Philadelphia Indemnity Insurance Company

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

COMMERCIAL AUTOMOBILE ELITE ENDORSEMENT

This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE PART

Following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording.

Coverage extensions under this endorsement only apply in the event that no other specific coverage for these extensions is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted in this endorsement.

Any deductible listed in the Auto Declarations Page will apply unless specific deductible provisions are set forth under a coverage enhancement below.

Coverage Applicable Limit of Insurance Page

Who is An Insured Board Members Newly Acquired Entities Designated Insured Lessor of Leased Autos

Included Included Included Included

Cost of Bail Bonds $5,000 2 Reasonable Expenses – Loss of Earnings $500 per day 2 Fellow Employee Coverage Amended 3 Towing $100 per disablement 3 Glass Breakage (Windshields and Windows) No deductible applies 3 Transportation Expenses $100 per day / $3,000 maximum 3 Hired Auto Physical Damage – Loss of Use $100 per day / $1,000 maximum 3 Hired Auto Physical Damage ACV or repair or replacement of the vehicle whichever is less

Personal Effects $500 4 Rental Reimbursement $100 per day / 30 days 4 Accidental Discharge – Air Bag Amended 4 Electronic Equipment $1000 5 Original Equipment Manufacturer Parts Replacement

Included 5

Auto Loan / Lease Gap Coverage Amended 5 One Comprehensive Coverage Deductible Per Occurrence

Amended 6

Notice of and Knowledge of Occurrence Amended 7 Blanket Waiver of Subrogation Amended (as required by written contract) 7 Unintentional Errors or Omissions Amended 7 Mental Anguish – Bodily Injury Redefined Amended 7

© 2015 Philadelphia Indemnity Insurance Company

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

I. LIABILITY COVERAGE EXTENSIONS

A. Who Is An Insured

SECTION II – LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is amended by adding the following:

The following are also "insureds":

1. Board Members – Board members (or their spouses) while renting a vehicle while on business for the named insured.

2. Newly Acquired Entities – Any business entity newly acquired or formed by you during the policy period, provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following the acquisition or the formation of the business entity.

3. Designated Insured – Any person or organization designated by the “insured” is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in SECTION II of the Coverage Form.

4. Lessor of Leased Autos – The lessor of a “leased auto” is an “insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by:

a. You;

b. Any of your "employees" or agents; or

c. Any person, except the lessor or any "employee" or agent of the lessor, operating a “leased auto” with the permission of any of the above.

Any “leased auto” in the policy schedule will be considered a covered "auto" you own and not a covered "auto" you hire or borrow.

The coverages provided under this endorsement apply to any “leased auto” in the policy schedule until the expiration date of the lease, or when the lessor or his or her agent takes possession of the “leased auto,” whichever occurs first.

“Leased auto” means an “auto” leased or rented to you, including any substitute, replacement or extra “auto” needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to provide direct primary insurance for the lessor.

B. Cost of Bail Bonds

SECTION II – LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a.

Supplementary Payments, Item (2) is deleted in its entirety and replaced with the following:

(2) Up to $5,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds.

C. Reasonable Expenses

SECTION II – LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a.

Supplementary Payments, Item (4) is deleted in its entirety and replaced with the following:

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(4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work.

D. Fellow Employee Coverage

SECTION II – LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee is deleted in its entirety and replaced by the following:

"Bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business.

However, this exclusion does not apply to any manager or officer of your company.

II. PHYSICAL DAMAGE COVERAGE EXTENSIONS

A. Towing

SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 2. Towing is deleted in its entirety and replaced with the following:

2. Towing

We will pay up to $100 for towing and labor costs incurred each time a covered "auto" is disabled. However, the labor must be performed at the place of disablement. No deductible applies to this enhancement.

B. Glass Breakage

SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 3. Glass Breakage – Hitting A Bird Or Animal – Falling Objects Or Missiles is amended by adding the following:

No deductible applies to "loss" to glass used in the windshield or windows.

C. Transportation Expenses

SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a.

Transportation Expenses is deleted in its entirety and replaced with the following:

a. Transportation Expenses

We will pay up to $100 per day to a maximum of $3,000 for temporary transportation expenses incurred by you because of a “loss” to a covered “auto.” We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the “loss” and ending, regardless of the policy’s expiration, when the covered “auto” is returned to use or we pay for its “loss.”

D. Hired Auto Physical Damage – Loss of Use

The last sentence of SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 4.

Coverage Extensions, b. Loss of Use Expenses is deleted in its entirety and replaced with the following:

However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $1,000.

© 2015 Philadelphia Indemnity Insurance Company

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

E. Hired Auto Physical Damage

SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by adding the following extension:

Hired Auto Physical Damage

Any "auto" you lease, hire, rent or borrow from someone other than your “employees” or partners, or members of their household is a covered "auto" for each of your physical damage coverages.

The most we will pay for any “loss” in any one “accident” is the ACV or the cost for repair or replacement of the vehicle, whichever is less.

For each covered “auto” our obligation to pay will be reduced by a deductible of $500 for Comprehensive Coverage and $1000 for Collision Coverage.

F. Personal Effects Coverage

SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by adding the following extension:

Personal Effects Coverage

We will pay up to $500 for “loss” to personal effects, which are:

1. Owned by an “insured”; and

2. In or on your covered “auto.”

This coverage applies only in the event of the total theft of your covered “auto.” No deductible applies to this coverage.

G. Rental Reimbursement

SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by adding the following extension:

Rental Reimbursement Coverage

We will pay up to $100 per day, for up to 30 days, for rental reimbursement expenses incurred by you for the rental of an “auto” because of “loss” to a covered “auto.”

We will also pay up to $300 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered “auto.”

If “loss” results from the total theft of a covered “auto,” we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Item III. C.

Transportation Expenses of this endorsement.

H. Accidental Discharge – Airbag Coverage

SECTION III – PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph 3. is amended by adding the following exception:

© 2015 Philadelphia Indemnity Insurance Company

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

This exclusion does not apply to the accidental discharge of an airbag. This coverage is excess of any other collectible insurance or warranty. No deductible applies to this coverage.

I. Electronic Equipment Coverage

The following supersedes anything to the contrary in SECTION III – PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph 4.

Exclusions 4.c. and 4.d. do not apply to:

Any risk management or monitoring equipment and electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanently installed in the covered "auto" at the time of the "loss" or the equipment is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss," and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto."

The most we will pay for all “loss” to risk management or monitoring equipment, audio, visual or data electronic equipment that is not designed solely for the reproduction of sound and any accessories used with this equipment as a result of any one “accident” is the least of:

a. The actual cash value of the damaged or stolen property at the time of the “loss”;

b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality; or

c. $1,000.

This coverage will not apply if there is other insurance provided by this policy for the above-described electronic equipment. We will, however, pay any deductible, up to $500, that is applicable under the provisions of the other insurance.

J. Original Equipment Manufacturer (OEM) Parts Replacement

SECTION III – PHYSICAL DAMAGE COVERAGE, C. Limit of Insurance, Paragraph 1. is amended to include:

However, if the covered “auto” has less than 20,000 miles on its odometer, then the following condition will apply:

We will pay the cost to replace the damaged parts (excluding glass and mechanical parts) with new Original Equipment Manufacturer replacement parts if the damaged parts cannot be repaired.

K. Auto Loan / Lease Gap Protection

SECTION III – PHYSICAL DAMAGE COVERAGE, C. Limit of Insurance is amended to include the following:

4. In the event of “loss” to a covered “auto” that is loaned or leased to an “insured”:

a. The most we will pay for “loss” in any one “accident” is the lesser of:

© 2015 Philadelphia Indemnity Insurance Company

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

(1) The actual cash value of the damaged or stolen property as of the time of the “loss”;

or

(2) The cost of repairing or replacing the damaged or stolen property with other property of like, kind and quality.

b. Our Limit of Insurance for “total loss” will be the greater of:

(1) The balance due under the terms of the lease or loan, to which your "auto" is subject but not including:

(a) Past due payments;

(b) Financial penalties imposed under the lease;

(c) Security deposits not refunded;

(d) Costs for extended warranties or insurance; or

(e) Final payment due under a “balloon loan”; or

(2) Actual cash value of the stolen or damaged property.

An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of “loss.”

c. Additional Definitions

(1) “Total loss” for the purpose of this coverage, means a loss in which the estimated cost of repairs, plus the salvage value, exceeds the actual cash value.

(2) “Balloon loan” is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment.

d. Additional Conditions

This coverage will apply only to the original lease or loan written on your covered “auto.”

In order for this coverage to apply, leased “autos” must be leased or rented to you under a leasing or rental agreement, for a period of not less than six months, which requires you to provide direct primary insurance for the benefit of the lessor.

L. One Comprehensive Coverage Deductible

SECTION III – PHYSICAL DAMAGE COVERAGE, D. Deductible is amended by adding the following:

Only one Comprehensive Coverage Deductible per occurrence will apply to any “loss” resulting from a covered peril.

For the purpose of this extension, occurrence means a single incident, including continuous or repeated exposure to substantially the same general harmful conditions within a 24-hour period.

© 2015 Philadelphia Indemnity Insurance Company

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

III. BUSINESS AUTO CONDITIONS

A. Notice and Knowledge of Occurrence

SECTION IV – BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit Or Loss, Paragraph a. is deleted in its entirety and replaced with the following:

a. In the event of “accident,” claim, “suit” or “loss,” you must give us, or our authorized representative, prompt notice of the “accident” or “loss.” Include:

(1) How, when and where the “accident” or “loss” occurred;

(2) The “insured’s” name and address; and

(3) To the extent possible, the names and addresses of any injured persons and witnesses.

Your duty to give us or our authorized representative prompt notice of the “accident” or “loss” applies only when the “accident” or “loss” is known to:

(1) You, if you are an individual;

(2) A partner, if you are a partnership; or

(3) An executive officer or insurance manager, if you are a corporation.

B. Blanket Waiver Of Subrogation

SECTION IV – BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us, is amended by adding the following exception:

However, we waive any right of recovery we may have against any person or organization because of payments we make for “bodily injury” or “property damage” arising out of the operation of a covered “auto” when you have assumed liability for such “bodily injury” or “property damage” under an “insured contract.”

C. Unintentional Errors or Omissions

SECTION IV – BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepresentation, Or Fraud is amended by adding 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.

IV. DEFINITIONS

A. Mental Anguish

SECTION V – DEFINITIONS, C. "Bodily injury" is amended by adding the following:

“Bodily injury” also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease.

PI-CXL-002 (05/19)

POLICY NUMBER:

PI-CXL-002 (05/19)

Includes copyrighted material of Insurance Services Office, Inc., with permission.

COMMERCIAL UMBRELLA LIABILITY INSURANCE

POLICY DECLARATIONS

NAMED INSURED:

MAILING ADDRESS:

POLICY PERIOD: FROM TO AT 12:01 A.M. STANDARD

TIME AT YOUR MAILING ADDRESS SHOWN ABOVE

IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS

POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY.

LIMITS OF INSURANCE

EACH OCCURRENCE LIMIT

(LIABILITY COVERAGE) $

PERSONAL & ADVERTISING INJURY LIMIT $ Any one person or organization

PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT $

GENERAL AGGREGATE LIMIT…

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