ACORD_Form_20210330-124730.pdf

3/30/2021

Conover Beyer Associates 2600 Highway 35

Manasquan NJ 08736

Celeste DeAngelis (732)223-9700 (732)223-6044 cedeangelis@conoverbeyer.com

Blue World Construction Inc 26 Columbia Turnpike Suite 104 Florham Park NJ 07932

Tokio Marine HCC Selective Insurance Company Technology Insurance Company

20-21 Master w/WC update

A

X

X

X PROFESSIONAL LIABILITY

X POLLUTION LIABILITY

X X

X maximum aggregate $5mil

X Y PPK2165692 8/1/2020 8/1/2021

2,000,000

100,000

10,000

2,000,000

2,000,000

2,000,000

Pollution Liability 2,000,000

B X

X X X Hired car phys dam

X Y S2389596 8/1/2020 8/1/2021

$75,000 ACV Hired Car Phys Dam

1,000,000

Hired COMP & COLL DEDUCTIBLE 1000

A

X X

PUB733635 8/1/2020 8/1/2021

5,000,000

5,000,000

C N

TWC3963714 3/28/2021 3/28/2022

X

1,000,000

1,000,000

1,000,000

B Leased/Rented Equipment S2389596 8/1/2020 8/1/2021 Limit/Any One Item 250,000

RE: Solicitation No. BPM003338 - Pump Maintenance, Repair and Purchase - (Southern Region State Parks)

The State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees are included as additional insured with respects to General Liability and Auto Liability for work performed by the named insured per written contract. Waiver of subrogation to apply in favor of certificate holder and additional insured as per written contract. Coverage is primary & non-contributory.

Arizona State Parks and Trails Procurement Services Attn: Mark Goss 23751 North 23rd Avenue Ste 190 Phoenix, AZ 85085 Warren Beyer/CELEST

Y

The ACORD name and logo are registered marks of ACORD

CERTIFICATE HOLDER

© 1988-2014 ACORD CORPORATION. All rights reserved.

ACORD 25 (2014/01)

AUTHORIZED REPRESENTATIVE

CANCELLATION

DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE

LOCJECT

PRO-

POLICY

GEN'L AGGREGATE LIMIT APPLIES PER:

OCCURCLAIMS-MADE

COMMERCIAL GENERAL LIABILITY

PREMISES (Ea occurrence) $

DAMAGE TO RENTED

EACH OCCURRENCE $

MED EXP (Any one person) $

PERSONAL & ADV INJURY $

GENERAL AGGREGATE $

PRODUCTS - COMP/OP AGG $

$RETENTIONDED

CLAIMS-MADE

OCCUR

AGGREGATE $

EACH OCCURRENCE $UMBRELLA LIAB

EXCESS LIAB

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

INSR

LTR TYPE OF INSURANCE POLICY NUMBER

POLICY EFF

(MM/DD/YYYY)

POLICY EXP

(MM/DD/YYYY) LIMITS

PER

STATUTE

OTH-

ER

E.L. EACH ACCIDENT

E.L. DISEASE - EA EMPLOYEE

E.L. DISEASE - POLICY LIMIT

ANY PROPRIETOR/PARTNER/EXECUTIVE

If yes, describe under DESCRIPTION OF OPERATIONS below

(Mandatory in NH)

OFFICER/MEMBER EXCLUDED?

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N

AUTOMOBILE LIABILITY

ANY AUTO

ALL OWNED SCHEDULED

HIRED AUTOS

NON-OWNED

AUTOS AUTOS

AUTOS

COMBINED SINGLE LIMIT

BODILY INJURY (Per person)

BODILY INJURY (Per accident)

PROPERTY DAMAGE $

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.

INSD

ADDL

WVD

SUBR

N / A

(Ea accident)

(Per accident)

OTHER:

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 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:

INSURED

PHONE

(A/C, No, Ext):

PRODUCER

ADDRESS:

E-MAIL

FAX

(A/C, No):

CONTACT

NAME:

NAIC #

INSURER A :

INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

INSURER(S) AFFORDING COVERAGE

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

ACCORDANCE WITH THE POLICY PROVISIONS.

INS025 (201401)

PIC-EPAC-300 (12/16)

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - BLANKET

OWNERS, LESSEES OR CONTRACTORS - ONGOING OPERATIONS

This endorsement modifies and is subject to the insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE

CONTRACTORS ENVIRONMENTAL COVERAGE

SCHEDULE

Additional Insured Person(s) or Organization(s) Location(s) of Covered

Operations

1. 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 on your policy;

and

2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above.

Those job sites as required in the performance of your work or your contracting operations for the additional insured.

If not shown above, information required to complete this endorsement will be shown in the Declarations.

The following amendments are made to the Commercial General Liability (CGL) and Contractor Environmental

Coverage (CEC) insurance coverages:

A. Section II – Who Is An Insured of the CGL Coverage Part and Section II – Definitions, M. “Insured” of the CEC Coverage Part are amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage", "personal and advertising injury", “loss” or “remediation expense” caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your behalf;

in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above.

However:

1. The insurance afforded to such additional insured only applies to the extent permitted by law; and

2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.

B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:

This insurance does not apply to "bodily injury", "property damage", “loss” or “remediation expense” occurring after:

1. All work, including materials, parts or equipment furnished in connection with such work, on the project

(other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or

2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; or

3. All work defined by “completed operations” of the CEC Coverage Part.

All other policy terms and conditions remain unchanged.

PIC- EPAC-302 (12/16)

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - BLANKET

OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS

This endorsement modifies and is subject to the insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE

CONTRACTORS ENVIRONMENTAL COVERAGE

SCHEDULE

Additional Insured Person(s) or Organization(s) Location and Description of Completed Operations

1. 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 on your policy; and

2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph

1. above.

Those job sites as required in the performance of your work or your contracting operations for the additional insured, and the related completed operations.

If not shown above, information required to complete this endorsement will be shown in the Declarations.

The following amendments are made to the CGL and CEC insurance coverages:

A. Section II - Who Is An Insured of the CGL Coverage Part and Section II - DEFINITIONS, M. “Insured” of the CEC Coverage Part are amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage", “loss” or “remediation expense” caused, in whole or in part, by "your work” or “your contracting operations" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard" of the CGL Coverage Part and the “completed operations” of the CEC Coverage Part.

However:

1. The insurance afforded to such additional insured only applies to the extent permitted by law; and

2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.

B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill - Limits of Insurance of the CGL Coverage Part and Section III – Limits of Insurance and Deductible of the CEC Coverage Part:

If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less.

This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.

PIC-EPAC-704 (12/16)

PRIMARY AND NON-CONTRIBUTORY - BLANKET

This endorsement modifies and is subject to the insurance provided under the following:

PROFESSIONAL LIABILITY COVERAGE

CONTRACTOR ENVIRONMENTAL COVERAGE

It is hereby agreed that COMMON POLICY TERMS AND CONDITIONS Section I. APPLICABLE

TO COMMERCIAL GENERAL LIABILITY, CONTRACTORS ENVIRONMENTAL

COVERAGE AND PROFESSIONAL LIABILITY COVERAGE FORMS, Paragraph E. Other Insurance is amended by adding the following paragraph:

This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that:

(1) The additional insured is a “Named Insured” under such other insurance; and

(2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured.

(3) Such contract or agreement was executed prior to the date that operations or professional services performed by you first commenced.

PIC-EPAC-708 (12-16)

WAIVER OF SUBROGATION - BLANKET

This endorsement modifies insurance provided under the following:

PROFESSIONAL LIABILITY COVERAGE

CONTRACTORS POLLUTION LIABILITY COVERAGE

It is hereby agreed that COMMON POLICY TERMS AND CONDITIONS Section I. APPLICABLE

TO COMMERCIAL GENERAL LIABILITY, CONTRACTORS ENVIRONMENTAL

COVERAGE AND PROFESSIONAL LIABILITY COVERAGE, Paragraph F. Subrogation is amended by adding the following paragraph:

Notwithstanding the foregoing, we hereby waive our right of subrogation against your client where required by written contract provided that such contract is fully executed prior to the first commencement of operations or services performed by you that are covered by this policy.

ElitePac® Commercial Automobile Extension

COMMERCIAL AUTO

CA 78 09 11 17

This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

With respect to coverage provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by the endorsement.

AMENDMENTS TO SECTION II - LIABILITY COVER-

AGE

A. If this policy provides Auto Liability coverage for

Owned Autos, the following extensions are applica-ble accordingly:

NEWLY ACQUIRED OR FORMED ORGANIZA-

TIONS

The following is added to SECTION II, A.1. - Who Is An Insured:

Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no similar insurance available to that organi-zation. However:

1. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier;

2. Coverage does not apply to “bodily injury” or “property damage” resulting from an “accident” that occurred before you acquired or formed the organization.

No person or organization is an “insured” with re-spect to the conduct of any current or past partner-ship, joint venture or limited liability company that is not shown as a Named Insured in the Declarations.

EXPENSES FOR BAIL BONDS AND LOSS OF

EARNINGS

Paragraphs (2) and (4) of SECTION II, A.2.a. - Supplementary Payments are deleted in their entirety and replaced with the following:

(2) Up to the Limit of Insurance shown on the

ElitePac Schedule for the cost of bail bonds (in-cluding bonds for related traffic law violations) required because of an “accident” covered under this policy. We do not have to furnish these bonds.

(4) All reasonable expenses incurred by the “insured” at our request. This includes actual loss of earnings because of time off from work, which we will pay up to the Limit of Insurance shown on the ElitePac Schedule.

EMPLOYEE INDEMNIFICATION AND EMPLOY-

ER’S LIABILITY AMENDMENT

The following is added to SECTION II, B.4. - Exclusions:

This exclusion does not apply to a “volunteer work-er” who is not entitled to workers compensation, disability or unemployment compensation benefits.

FELLOW EMPLOYEE COVERAGE

The Fellow Employee Exclusion, SECTION II, B.5. - is deleted in its entirety.

CARE, CUSTODY OR CONTROL AMENDMENT

The following is added to SECTION II, B.6. - Exclusions:

This exclusion does not apply to property owned by anyone other than an “insured”, subject to the follow-ing:

1. The most we will pay under this exception for any one “accident” is the Limit of Insurance stat-ed in the ElitePac Schedule; and

2. A per “accident” deductible as stated in the ElitePac Schedule applies to this exception.

B. If this policy provides Auto Liability coverage for Owned Autos or Non-Owned Autos, the following extension is applicable accordingly:

LIMITED LIABILITY COMPANIES

The following is added to SECTION II, A.1. - Who Is An Insured:

If you are a limited liability company, your members and managers are “insureds” while using a covered “auto” you don’t own, hire or borrow during the course of their duties for you.

BLANKET ADDITIONAL INSUREDS - As Required By Contract The following is added to SECTION II, A.1. - Who Is An Insured:

Copyright, 2017 Selective Insurance Company of America. All rights reserved. CA 78 09 11 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 5

Any person or organization whom you have agreed in a written contract, written agreement or written permit that such person or organization be added as an additional “insured” on your policy. 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 owner-ship, maintenance or use of a covered “auto”. This coverage shall be primary and non-contributory with respect to the additional “insured”. This provision only applies if:

1. It is required in the written contract, written agreement or written permit identified in this sec-tion;

2. It is permitted by law; and

3. The written contract or written agreement has been executed (executed means signed by a named insured) or written permit issued prior to the “bodily injury” or “property damage”.

C. If this policy provides Auto Liability coverage for Non- Owned Autos, the following extension is applicable accordingly:

EMPLOYEES AS INSUREDS

If this policy provides Auto Liability coverage for Non-Owned Autos, the following is added to SECTION II, A.1. - Who Is An Insured:

Any “employee” of yours is an “insured” while using a covered “auto” you don’t own, hire or borrow in your business or your personal affairs.

An “employee” of yours is an “insured” while operat-ing an “auto” hired or rented under a contract or agreement in that “employee’s” name with your per-mission, while performing duties related to the con-duct of your business.

AMENDMENTS TO SECTION III - PHYSICAL

DAMAGE COVERAGE

If this policy provides Comprehensive, Specified Causes of Loss or Collision coverage, the following extensions are applicable for those “autos” for which Comprehen-sive, Specified Causes of Loss or Collision coverage is purchased:

TOWING AND LABOR

SECTION III, A.2. - Towing is deleted in its entirety and replaced with the following:

We will pay all reasonable towing and labor costs up to the maximum Limit of Insurance shown on the ElitePac Schedule per tow each time a covered “Private Passen-ger Auto”, “Social Service Van or Bus” or “Light Truck” is disabled and up to the maximum Limit of Insurance per tow each time a covered “Medium Truck”, “Heavy Truck” or “Extra Heavy Truck” is disabled.

For labor charges to be eligible for reimbursement the labor must be performed at the place of disablement.

This coverage extension does not apply to Emergency Services Organizations and Governmental Entities.

GLASS BREAKAGE DEDUCTIBLE

The following is added to SECTION III, A.3. - Glass Breakage - Hitting A Bird Or Animal - Falling Objects or Missiles:

If damaged glass is repaired rather than replaced, no deductible will apply for such repair. This extension does not apply to Emergency Services Organizations and Governmental Entities.

ADDITIONAL TRANSPORTATION EXPENSES SEC-

TION III, A.4.a. - Transportation Expenses is deleted in its entirety and replaced with the following:

We will pay up to the maximum Limit of Insurance shown on the ElitePac Schedule for temporary transportation expenses that you incur because of any “loss” to a cov-ered “auto”, but only if the covered “auto” carries the coverages and meets the requirements described in 1.

or 2. below:

1. We will pay temporary transportation expenses for total theft of a covered “auto”. We will only pay for such expenses incurred during the period beginning 24 hours after the theft and ending, regardless of the policy’s expiration, when the covered “auto” is re-turned to use or we pay for its “loss”.

2. For “loss” other than total theft of a covered “auto” under Comprehensive or Specified Causes of Loss Coverage, or for any “loss” under Collision Coverage to a covered “auto”, we will only pay for those tem-porary transportation expenses incurred during the policy period beginning 24 hours after the “loss” and ending, regardless of the policy’s expiration, with the lesser of the number of days reasonably required to repair or replace the covered “auto” or 30 days.

Paragraph 2. of this extension does not apply while there are spare or reserve “autos” available to you for your operations.

This coverage extension does not apply to Emergency Services Organizations and Governmental Entities.

HIRED AUTO PHYSICAL DAMAGE COVERAGE

The following is added to SECTION III, A.4. - Coverage Extensions:

Physical Damage coverage is hereby extended to apply to Physical Damage “loss” to “autos” leased, hired, rent-ed or borrowed without a driver. We will provide cover-age equal to the broadest coverage available to any covered “auto” shown in the Declarations. But, the most we will pay for “loss” to each “auto” under this coverage extension is the lesser of:

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1. The Limit of Insurance stated in the ElitePac Sched-ule; or

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

3. The actual cost of repairing or replacing the dam-aged or stolen property with other property of like kind and quality. A part is of like kind and quality when it is of equal or better condition than the pre-accident part. We will use the original equipment from the manufacturer when:

(a) The operational safety of the vehicle might otherwise be impaired;

(b) Reasonable and diligent efforts to locate the appropriate rebuilt, aftermarket or used part have been unsuccessful; or

(c) A new original equipment part of like kind and quality is available and will result in the lowest overall repair cost.

For each leased, hired, rented or borrowed “auto” our obligation to pay “losses” will be reduced by a deductible equal to the highest deductible applicable to any owned “auto” for that coverage. No deductible will be applied to “losses” caused by fire or lightning.

SECTION IV, B.5. Other Insurance Condition, Para-graph 5.b. is deleted in its entirety and replaced by the following:

For Hired Auto Physical Damage Coverage, the follow-ing are deemed to be covered “autos’” you own:

1. Any covered “auto” you lease, hire, rent, or borrow;

and

2. Any covered “auto” hired or rented by your “em-ployee” under a contract or agreement in that “employee’s” name, with your permission, while performing duties related to the conduct of your business.

However, any “auto” that is leased, hired, rented or borrowed with a driver is not a covered “auto”.

This coverage extension does not apply to Emergency Services Organizations and Governmental Entities.

HIRED AUTO LOSS OF USE COVERAGE

The following is added to SECTION III, A.4. - Coverage Extensions:

We will pay expenses for which you are legally responsi-ble to pay up to the Limit of Insurance shown on the ElitePac Schedule per “accident” for loss of use of a leased, hired, rented or borrowed “auto” if it results from an “accident”.

This coverage extension does not apply to Emergency Services Organizations, Governmental Entities, and Schools.

AUTO LOAN/LEASE GAP COVERAGE (Not Applica-ble in New York) The following is added to SECTION III, A.4. - Coverage Extensions:

In the event of a total “loss” to a covered “auto” we will pay any unpaid amount due on the lease or loan for a covered “auto”, less:

1. The amount paid under the Physical Damage Cover-age Section of the policy; and

2. Any:

a. Overdue lease/loan payments at the time of “loss”;

b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear, high mileage or similar charges;

c. Security deposits not refunded by the lessor or financial institution;

d. Costs for extended warranties, credit life, health, accident, or disability insurance purchased with the loan or lease; and

e. Carry-over balances from previous leases or loans.

You are responsible for the deductible applicable to the “loss” for the covered “auto”.

PERSONAL EFFECTS

The following is added to SECTION III, A.4. - Coverage Extensions:

If this policy provides Comprehensive Coverage for a covered “auto” you own and that covered “auto” is stolen, we will pay up to the Limit of Insurance shown on the ElitePac Schedule, without application of a deducti-ble, for lost personal effects that were in the covered “auto” at the time of theft. Personal effects do not include jewelry, tools, money, or securities. This coverage is excess over any other collectible insurance.

AIRBAG COVERAGE

The following is added to SECTION III, B.3.a. - Exclu-sions:

Mechanical breakdown does not include the accidental discharge of an airbag.

This coverage extension does not apply to Emergency Services Organizations and Governmental Entities.

EXPANDED AUDIO, VISUAL, AND DATA ELEC-

TRONIC EQUIPMENT COVERAGE

SECTION III, B.4. - Exclusions This exclusion does not apply to the following:

1. Global positioning systems;

2. “Telematic devices”; or

3. Electronic equipment that reproduces, receives or transmits visual or data signals and accessories used with such equipment, provided such equipment is:

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a. Permanently installed in or upon the covered “auto” at the time of the “loss”;

b. Removable from a housing unit that is perma-nently installed in the covered “auto” at the time of the “loss”;

c. Designed to be solely operated by use of power from the “auto’s” electrical system; or

d. Designed to be used solely in or upon the covered “auto”.

For each covered “loss” to such equipment, a deductible of $50 shall apply, unless the deductible otherwise appli-cable to such equipment is less than $50, at which point the lower deductible, if any, will apply.

COMPREHENSIVE DEDUCTIBLE - LOCATION

TRACKING DEVICE

The following is added to SECTION III, D. - Deductible:

Any Comprehensive Coverage Deductible shown in the Declarations will be reduced by 50% for any “loss” caused by theft if the covered “auto” is equipped with a location tracking device and that device was the sole method used to recover the “auto”.

PHYSICAL DAMAGE LIMIT OF INSURANCE

SECTION III, C. - Limit Of Insurance is deleted in its entirety and replaced with the following:

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

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.

This coverage extension does not apply to Emergency Services Organizations and Governmental Entities.

AMENDMENTS TO SECTION IV - BUSINESS AUTO

CONDITIONS

DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT

OR LOSS

The following is added to SECTION IV, A.2.a. - Duties In The Event Of Accident, Claim, Suit Or Loss:

The notice requirements for reporting “accident” claim, “suit” or “loss” information to us, including provisions related to the subsequent investigation of such “acci-dent”, claim, “suit” or “loss” do not apply until the “accident”, claim, “suit” or “loss” is known to:

1. You, if you are an individual;

2. A partner, if you are a partnership;

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

4. Your members, managers or insurance manager, if you are a limited liability company;

5. Your elected or appointed officials, trustees, board members or your insurance manager, if you are an organization other than a partnership, joint venture or limited liability company.

But, this section does not amend the provisions relating to notification of police or protection or examination of the property that was subject to the “loss”.

WAIVER OF SUBROGATION

SECTION IV, A.5. - Transfer Of Rights Of Recovery Against Others To Us is deleted in its entirety and replaced with the following:

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” resulting from the ownership, maintenance or use of a covered “auto” but only when you have assumed liability for such “bodily injury” or “property damage” in an “insured con-tract”. In all other circumstances, if a person or organiza-tion to or for whom we make payment under this Cover-age Form has rights to recover damages from another, those rights are transferred to us.

MULTIPLE DEDUCTIBLES

The following is added to SECTION IV, A. - Loss Conditions:

If a “loss” from one event involves two or more covered “autos” and coverage under Comprehensive or Specified Causes of Loss applies, only the highest applicable deductible will be applied.

CONCEALMENT, MISREPRESENTATION OR FRAUD

The following is added to SECTION IV, B.2. - Conceal-ment, Misrepresentation Or Fraud:

If you should unintentionally fail to disclose any existing hazards in your representations to us prior to the incep-tion date of the policy or during the policy period in connection with any newly discovered hazards, we will not deny coverage under this Coverage Form based upon such failure.

POLICY PERIOD, COVERAGE TERRITORY

SECTION IV, B.7. - Policy Period, Coverage Territory is deleted in its entirety and replaced with the following:

Under this Coverage Form, we cover “accidents” and “losses” occurring:

a. During the policy period shown in the Declarations;

and

b. Within the “Coverage Territory”.

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We also cover “loss” to or “accidents” involving a cov-ered “auto” while being transported between any of these places.

TWO OR MORE COVERAGE FORMS OR POLICIES

ISSUED BY US - DEDUCTIBLES

The following is added to SECTION IV, B.8. - Two Or More Coverage Forms Or Policies Issued By Us:

If a “loss” covered under this Coverage Form also in-volves a “loss” to other property resulting from the same “accident” that is covered under this policy or another policy issued by us or any member company of ours, only the highest applicable deductible will be applied.

AMENDMENTS TO SECTION V - DEFINITIONS

BODILY INJURY INCLUDING MENTAL ANGUISH (Not Applicable in New York) The definition of bodily injury is deleted in its entirety and replaced by the following:

“Bodily injury” means bodily injury, sickness, or disease sustained by a person, including death resulting from any of these. “Bodily injury” includes mental anguish resulting from bodily injury, sickness or disease sus-tained by a person.

ADDITIONS TO SECTION V - DEFINITIONS

COVERAGE TERRITORY

“Coverage Territory” means:

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

2. Anywhere in the world, except for any country or jurisdiction that is subject to trade or other economic sanction or embargo by the United States of America, if a covered “auto” is leased, hired, rented, or borrowed without a driver for a period of 30 days or less, and the insured’s responsibility to pay “dam-ages” is determined in a “suit” on the merits in and under the substantive law of the United States of America (including its territories and possessions), Puerto Rico, or Canada, or in a settlement we agree to.

If we are prevented by law, or otherwise, from defending the “insured” in a “suit” brought in a location described in Paragraph 2. above, the insured will conduct a defense of that “suit”. We will reimburse the “insured” for the rea-sonable and necessary expenses incurred for the de-fense of any such “suit” seeking damages to which this insurance applies, and that we would have paid had we been able to exercise our right and duty to defend.

EXTRA HEAVY TRUCK

“Extra Heavy Truck” means a truck with a gross vehicle weight rating of 45,001 pounds or more.

HEAVY TRUCK

“Heavy Truck” means a truck with a gross vehicle weight rating of 20,001 pounds to 45,000 pounds.

LIGHT TRUCK

“Light Truck” means a truck with a gross vehicle weight rating of 10,000 pounds or less.

MEDIUM TRUCK

“Medium Truck” means a truck with a gross vehicle weight rating of 10,001 pounds to 20,000 pounds.

PRIVATE PASSENGER AUTO

“Private Passenger Auto” means a four-wheel “auto” of the private passenger or station wagon type. A pickup, panel truck or van not used for business is included within the definition of a “private passenger auto”.

SOCIAL SERVICE VAN OR BUS

“Social Service Van or Bus” means a van or bus used by a government entity, civic, charitable or social service organization to provide transportation to clients inci-dental to the social services sponsored by the organiza-tion, including special trips and outings.

TELEMATIC DEVICE

“Telematic Device” includes devices designed for the collection and dissemination of data for the purpose of monitoring vehicle and/or driver performance. This in-cludes Global Positioning System technology, wireless safety communications and automatic driving assistance systems, all integrated with computers and mobile com-munications technology in automotive navigation sys-tems.

VOLUNTEER WORKER

“Volunteer worker” means a person who performs busi-ness duties for you, for no financial or other compensa-tion.

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