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CCR2015093-TCVFD Property Ins..................................................................................................................................................................................... Policy No.:FDK 2431286 32 Previous Policy No.:2431286-31 Named Insured Name and Address Tess Corners Volunteer Fire Department W144 S6731 Tess Corners Dr Muskego,WI 53150 Agency Name and Address 01103 (800) 252-1423 RIDGEVIEW INS AGCY - FP PO BOX 40 PRAIRIE DU SAC,WI 53578 INSURED COPY CWG COLOR SEPERATOR FORM FOR SPECIALTY SYMBOLS_CWG SEP SYM_01/10 SIGNATURE PAGE_CL IL SP 04_05/13 CL IL SP 04 05 13 Page 1 of 1 In witness whereof, the following company, when shown as Issuing Company on any Policy Declarations included herewith, has caused such policies to be executed and attested, but such policies shall not be valid unless countersigned by a duly authorized representative of the company, if required by state law. INSURANCE IDENTIFICATION CARD_CA RD 10_01/08 WISCONSIN INSURANCE IDENTIFICATION CARD COMPANY NUMBER COMPANY 098-10804 Continental Western Insurance Company POLICY NUMBER 2431286-32 EFFECTIVE DATE 04/01/2015 EXPIRATION DATE 04/01/2016 YEAR 1984 MAKE/MODEL GMC rescue unit VEHICLE IDENTIFICATION NUMBER 543168 AGENCY/COMPANY ISSUING CARD: RIDGEVIEW INS AGCY - FP PO BOX 40 PRAIRIE DU SAC WI,53578 PHONE: (800) 252-1423 INSURED: Tess Corners Volunteer Fire Department W144 S6731 Tess Corners Dr Muskego,WI 53150 POLICY PROVIDES THE MINIMUM INSURANCE PRESCRIBED BY LAW WISCONSIN INSURANCE IDENTIFICATION CARD COMPANY NUMBER COMPANY 098-10804 Continental Western Insurance Company POLICY NUMBER 2431286-32 EFFECTIVE DATE 04/01/2015 EXPIRATION DATE 04/01/2016 YEAR 1985 MAKE/MODEL Ford 2000 gal tanker VEHICLE IDENTIFICATION NUMBER A35865 AGENCY/COMPANY ISSUING CARD: RIDGEVIEW INS AGCY - FP PO BOX 40 PRAIRIE DU SAC WI,53578 PHONE: (800) 252-1423 INSURED: Tess Corners Volunteer Fire Department W144 S6731 Tess Corners Dr Muskego,WI 53150 POLICY PROVIDES THE MINIMUM INSURANCE PRESCRIBED BY LAW WISCONSIN INSURANCE IDENTIFICATION CARD COMPANY NUMBER COMPANY 098-10804 Continental Western Insurance Company POLICY NUMBER 2431286-32 EFFECTIVE DATE 04/01/2015 EXPIRATION DATE 04/01/2016 YEAR 1996 MAKE/MODEL Pierce 1000 gpm pumper VEHICLE IDENTIFICATION NUMBER 4PICT02U4TA000495 AGENCY/COMPANY ISSUING CARD: RIDGEVIEW INS AGCY - FP PO BOX 40 PRAIRIE DU SAC WI,53578 PHONE: (800) 252-1423 INSURED: Tess Corners Volunteer Fire Department W144 S6731 Tess Corners Dr Muskego,WI 53150 POLICY PROVIDES THE MINIMUM INSURANCE PRESCRIBED BY LAW WISCONSIN INSURANCE IDENTIFICATION CARD COMPANY NUMBER COMPANY 098-10804 Continental Western Insurance Company POLICY NUMBER 2431286-32 EFFECTIVE DATE 04/01/2015 EXPIRATION DATE 04/01/2016 YEAR 1999 MAKE/MODEL Ford brush buggy VEHICLE IDENTIFICATION NUMBER 1FTSW31F7XEE51211 AGENCY/COMPANY ISSUING CARD: RIDGEVIEW INS AGCY - FP PO BOX 40 PRAIRIE DU SAC WI,53578 PHONE: (800) 252-1423 INSURED: Tess Corners Volunteer Fire Department W144 S6731 Tess Corners Dr Muskego,WI 53150 POLICY PROVIDES THE MINIMUM INSURANCE PRESCRIBED BY LAW WISCONSIN INSURANCE IDENTIFICATION CARD COMPANY NUMBER COMPANY 098-10804 Continental Western Insurance Company POLICY NUMBER 2431286-32 EFFECTIVE DATE 04/01/2015 EXPIRATION DATE 04/01/2016 YEAR 2000 MAKE/MODEL Peterbilt 2000 gal tanker VEHICLE IDENTIFICATION NUMBER 2NPNHD8X8YM520638 AGENCY/COMPANY ISSUING CARD: RIDGEVIEW INS AGCY - FP PO BOX 40 PRAIRIE DU SAC WI,53578 PHONE: (800) 252-1423 INSURED: Tess Corners Volunteer Fire Department W144 S6731 Tess Corners Dr Muskego,WI 53150 POLICY PROVIDES THE MINIMUM INSURANCE PRESCRIBED BY LAW WISCONSIN INSURANCE IDENTIFICATION CARD COMPANY NUMBER COMPANY 098-10804 Continental Western Insurance Company POLICY NUMBER 2431286-32 EFFECTIVE DATE 04/01/2015 EXPIRATION DATE 04/01/2016 YEAR 2002 MAKE/MODEL Pierce 1000 gpm pumper VEHICLE IDENTIFICATION NUMBER 4P1CT02M92A002273 AGENCY/COMPANY ISSUING CARD: RIDGEVIEW INS AGCY - FP PO BOX 40 PRAIRIE DU SAC WI,53578 PHONE: (800) 252-1423 INSURED: Tess Corners Volunteer Fire Department W144 S6731 Tess Corners Dr Muskego,WI 53150 POLICY PROVIDES THE MINIMUM INSURANCE PRESCRIBED BY LAW THIS CARD SHOULD BE KEPT IN THE INSURED VEHICLE AT ALL TIMES AND PRESENTED UPON DEMAND IN CASE OF ACCIDENT:Report all accidents to your Agent/Company soon as possible. Obtain the following information: 1.Name and address of each driver, passenger and witness. 2.Name of Insurance Company and policy number for each vehicle involved. Claim Reporting:PO Box 1594, Des Moines, IA 50306-1594 24 Hour Claim Reporting 866-232-6724 EXAMINE POLICY EXCLUSIONS CAREFULLY.THIS FORM DOES NOT CONSTITUTE ANY PART OF YOUR INSURANCE POLICY OR BOND. THIS CARD SHOULD BE KEPT IN THE INSURED VEHICLE AT ALL TIMES AND PRESENTED UPON DEMAND IN CASE OF ACCIDENT:Report all accidents to your Agent/Company soon as possible. Obtain the following information: 1.Name and address of each driver, passenger and witness. 2.Name of Insurance Company and policy number for each vehicle involved. Claim Reporting:PO Box 1594, Des Moines, IA 50306-1594 24 Hour Claim Reporting 866-232-6724 EXAMINE POLICY EXCLUSIONS CAREFULLY.THIS FORM DOES NOT CONSTITUTE ANY PART OF YOUR INSURANCE POLICY OR BOND. THIS CARD SHOULD BE KEPT IN THE INSURED VEHICLE AT ALL TIMES AND PRESENTED UPON DEMAND IN CASE OF ACCIDENT:Report all accidents to your Agent/Company soon as possible. Obtain the following information: 1.Name and address of each driver, passenger and witness. 2.Name of Insurance Company and policy number for each vehicle involved. Claim Reporting:PO Box 1594, Des Moines, IA 50306-1594 24 Hour Claim Reporting 866-232-6724 EXAMINE POLICY EXCLUSIONS CAREFULLY.THIS FORM DOES NOT CONSTITUTE ANY PART OF YOUR INSURANCE POLICY OR BOND. THIS CARD SHOULD BE KEPT IN THE INSURED VEHICLE AT ALL TIMES AND PRESENTED UPON DEMAND IN CASE OF ACCIDENT:Report all accidents to your Agent/Company soon as possible. Obtain the following information: 1.Name and address of each driver, passenger and witness. 2.Name of Insurance Company and policy number for each vehicle involved. Claim Reporting:PO Box 1594, Des Moines, IA 50306-1594 24 Hour Claim Reporting 866-232-6724 EXAMINE POLICY EXCLUSIONS CAREFULLY.THIS FORM DOES NOT CONSTITUTE ANY PART OF YOUR INSURANCE POLICY OR BOND. THIS CARD SHOULD BE KEPT IN THE INSURED VEHICLE AT ALL TIMES AND PRESENTED UPON DEMAND IN CASE OF ACCIDENT:Report all accidents to your Agent/Company soon as possible. Obtain the following information: 1.Name and address of each driver, passenger and witness. 2.Name of Insurance Company and policy number for each vehicle involved. Claim Reporting:PO Box 1594, Des Moines, IA 50306-1594 24 Hour Claim Reporting 866-232-6724 EXAMINE POLICY EXCLUSIONS CAREFULLY.THIS FORM DOES NOT CONSTITUTE ANY PART OF YOUR INSURANCE POLICY OR BOND. THIS CARD SHOULD BE KEPT IN THE INSURED VEHICLE AT ALL TIMES AND PRESENTED UPON DEMAND IN CASE OF ACCIDENT:Report all accidents to your Agent/Company soon as possible. Obtain the following information: 1.Name and address of each driver, passenger and witness. 2.Name of Insurance Company and policy number for each vehicle involved. Claim Reporting:PO Box 1594, Des Moines, IA 50306-1594 24 Hour Claim Reporting 866-232-6724 EXAMINE POLICY EXCLUSIONS CAREFULLY.THIS FORM DOES NOT CONSTITUTE ANY PART OF YOUR INSURANCE POLICY OR BOND. INSURANCE IDENTIFICATION CARD_CA RD 10_01/08 WISCONSIN INSURANCE IDENTIFICATION CARD COMPANY NUMBER COMPANY 098-10804 Continental Western Insurance Company POLICY NUMBER 2431286-32 EFFECTIVE DATE 04/01/2015 EXPIRATION DATE 04/01/2016 YEAR 2006 MAKE/MODEL Ford rescue squad VEHICLE IDENTIFICATION NUMBER 1FDXE45P76HB13981 AGENCY/COMPANY ISSUING CARD: RIDGEVIEW INS AGCY - FP PO BOX 40 PRAIRIE DU SAC WI,53578 PHONE: (800) 252-1423 INSURED: Tess Corners Volunteer Fire Department W144 S6731 Tess Corners Dr Muskego,WI 53150 POLICY PROVIDES THE MINIMUM INSURANCE PRESCRIBED BY LAW WISCONSIN INSURANCE IDENTIFICATION CARD COMPANY NUMBER COMPANY 098-10804 Continental Western Insurance Company POLICY NUMBER 2431286-32 EFFECTIVE DATE 04/01/2015 EXPIRATION DATE 04/01/2016 YEAR 2005 MAKE/MODEL Ford inspector vehicle VEHICLE IDENTIFICATION NUMBER 1FMPU16525LA90264 AGENCY/COMPANY ISSUING CARD: RIDGEVIEW INS AGCY - FP PO BOX 40 PRAIRIE DU SAC WI,53578 PHONE: (800) 252-1423 INSURED: Tess Corners Volunteer Fire Department W144 S6731 Tess Corners Dr Muskego,WI 53150 POLICY PROVIDES THE MINIMUM INSURANCE PRESCRIBED BY LAW WISCONSIN INSURANCE IDENTIFICATION CARD COMPANY NUMBER COMPANY 098-10804 Continental Western Insurance Company POLICY NUMBER 2431286-32 EFFECTIVE DATE 04/01/2015 EXPIRATION DATE 04/01/2016 YEAR 2008 MAKE/MODEL Pierce aerial ladder truck VEHICLE IDENTIFICATION NUMBER 4P1C101A48009012 AGENCY/COMPANY ISSUING CARD: RIDGEVIEW INS AGCY - FP PO BOX 40 PRAIRIE DU SAC WI,53578 PHONE: (800) 252-1423 INSURED: Tess Corners Volunteer Fire Department W144 S6731 Tess Corners Dr Muskego,WI 53150 POLICY PROVIDES THE MINIMUM INSURANCE PRESCRIBED BY LAW WISCONSIN INSURANCE IDENTIFICATION CARD COMPANY NUMBER COMPANY 098-10804 Continental Western Insurance Company POLICY NUMBER 2431286-32 EFFECTIVE DATE 04/01/2015 EXPIRATION DATE 04/01/2016 YEAR 1987 MAKE/MODEL GMC 3000 gal tanker VEHICLE IDENTIFICATION NUMBER 1GDT9C4JHV530354 AGENCY/COMPANY ISSUING CARD: RIDGEVIEW INS AGCY - FP PO BOX 40 PRAIRIE DU SAC WI,53578 PHONE: (800) 252-1423 INSURED: Tess Corners Volunteer Fire Department W144 S6731 Tess Corners Dr Muskego,WI 53150 POLICY PROVIDES THE MINIMUM INSURANCE PRESCRIBED BY LAW WISCONSIN INSURANCE IDENTIFICATION CARD COMPANY NUMBER COMPANY 098-10804 Continental Western Insurance Company POLICY NUMBER 2431286-32 EFFECTIVE DATE 04/01/2015 EXPIRATION DATE 04/01/2016 YEAR 1996 MAKE/MODEL KME aerial truck VEHICLE IDENTIFICATION NUMBER 1K9AF6484TN058357 AGENCY/COMPANY ISSUING CARD: RIDGEVIEW INS AGCY - FP PO BOX 40 PRAIRIE DU SAC WI,53578 PHONE: (800) 252-1423 INSURED: Tess Corners Volunteer Fire Department W144 S6731 Tess Corners Dr Muskego,WI 53150 POLICY PROVIDES THE MINIMUM INSURANCE PRESCRIBED BY LAW WISCONSIN INSURANCE IDENTIFICATION CARD COMPANY NUMBER COMPANY 098-10804 Continental Western Insurance Company POLICY NUMBER 2431286-32 EFFECTIVE DATE 04/01/2015 EXPIRATION DATE 04/01/2016 YEAR 1996 MAKE/MODEL Freightliner 1250 gpm pumper VEHICLE IDENTIFICATION NUMBER 1FV6JLCB0TL622577 AGENCY/COMPANY ISSUING CARD: RIDGEVIEW INS AGCY - FP PO BOX 40 PRAIRIE DU SAC WI,53578 PHONE: (800) 252-1423 INSURED: Tess Corners Volunteer Fire Department W144 S6731 Tess Corners Dr Muskego,WI 53150 POLICY PROVIDES THE MINIMUM INSURANCE PRESCRIBED BY LAW THIS CARD SHOULD BE KEPT IN THE INSURED VEHICLE AT ALL TIMES AND PRESENTED UPON DEMAND IN CASE OF ACCIDENT:Report all accidents to your Agent/Company soon as possible. Obtain the following information: 1.Name and address of each driver, passenger and witness. 2.Name of Insurance Company and policy number for each vehicle involved. Claim Reporting:PO Box 1594, Des Moines, IA 50306-1594 24 Hour Claim Reporting 866-232-6724 EXAMINE POLICY EXCLUSIONS CAREFULLY.THIS FORM DOES NOT CONSTITUTE ANY PART OF YOUR INSURANCE POLICY OR BOND. THIS CARD SHOULD BE KEPT IN THE INSURED VEHICLE AT ALL TIMES AND PRESENTED UPON DEMAND IN CASE OF ACCIDENT:Report all accidents to your Agent/Company soon as possible. Obtain the following information: 1.Name and address of each driver, passenger and witness. 2.Name of Insurance Company and policy number for each vehicle involved. Claim Reporting:PO Box 1594, Des Moines, IA 50306-1594 24 Hour Claim Reporting 866-232-6724 EXAMINE POLICY EXCLUSIONS CAREFULLY.THIS FORM DOES NOT CONSTITUTE ANY PART OF YOUR INSURANCE POLICY OR BOND. THIS CARD SHOULD BE KEPT IN THE INSURED VEHICLE AT ALL TIMES AND PRESENTED UPON DEMAND IN CASE OF ACCIDENT:Report all accidents to your Agent/Company soon as possible. Obtain the following information: 1.Name and address of each driver, passenger and witness. 2.Name of Insurance Company and policy number for each vehicle involved. Claim Reporting:PO Box 1594, Des Moines, IA 50306-1594 24 Hour Claim Reporting 866-232-6724 EXAMINE POLICY EXCLUSIONS CAREFULLY.THIS FORM DOES NOT CONSTITUTE ANY PART OF YOUR INSURANCE POLICY OR BOND. THIS CARD SHOULD BE KEPT IN THE INSURED VEHICLE AT ALL TIMES AND PRESENTED UPON DEMAND IN CASE OF ACCIDENT:Report all accidents to your Agent/Company soon as possible. Obtain the following information: 1.Name and address of each driver, passenger and witness. 2.Name of Insurance Company and policy number for each vehicle involved. Claim Reporting:PO Box 1594, Des Moines, IA 50306-1594 24 Hour Claim Reporting 866-232-6724 EXAMINE POLICY EXCLUSIONS CAREFULLY.THIS FORM DOES NOT CONSTITUTE ANY PART OF YOUR INSURANCE POLICY OR BOND. THIS CARD SHOULD BE KEPT IN THE INSURED VEHICLE AT ALL TIMES AND PRESENTED UPON DEMAND IN CASE OF ACCIDENT:Report all accidents to your Agent/Company soon as possible. Obtain the following information: 1.Name and address of each driver, passenger and witness. 2.Name of Insurance Company and policy number for each vehicle involved. Claim Reporting:PO Box 1594, Des Moines, IA 50306-1594 24 Hour Claim Reporting 866-232-6724 EXAMINE POLICY EXCLUSIONS CAREFULLY.THIS FORM DOES NOT CONSTITUTE ANY PART OF YOUR INSURANCE POLICY OR BOND. THIS CARD SHOULD BE KEPT IN THE INSURED VEHICLE AT ALL TIMES AND PRESENTED UPON DEMAND IN CASE OF ACCIDENT:Report all accidents to your Agent/Company soon as possible. Obtain the following information: 1.Name and address of each driver, passenger and witness. 2.Name of Insurance Company and policy number for each vehicle involved. Claim Reporting:PO Box 1594, Des Moines, IA 50306-1594 24 Hour Claim Reporting 866-232-6724 EXAMINE POLICY EXCLUSIONS CAREFULLY.THIS FORM DOES NOT CONSTITUTE ANY PART OF YOUR INSURANCE POLICY OR BOND. INSURANCE IDENTIFICATION CARD_CA RD 10_01/08 WISCONSIN INSURANCE IDENTIFICATION CARD COMPANY NUMBER COMPANY 098-10804 Continental Western Insurance Company POLICY NUMBER 2431286-32 EFFECTIVE DATE 04/01/2015 EXPIRATION DATE 04/01/2016 YEAR 1999 MAKE/MODEL Ford personnel carrier VEHICLE IDENTIFICATION NUMBER 1FTWW33F5XEE19484 AGENCY/COMPANY ISSUING CARD: RIDGEVIEW INS AGCY - FP PO BOX 40 PRAIRIE DU SAC WI,53578 PHONE: (800) 252-1423 INSURED: Tess Corners Volunteer Fire Department W144 S6731 Tess Corners Dr Muskego,WI 53150 POLICY PROVIDES THE MINIMUM INSURANCE PRESCRIBED BY LAW WISCONSIN INSURANCE IDENTIFICATION CARD COMPANY NUMBER COMPANY 098-10804 Continental Western Insurance Company POLICY NUMBER 2431286-32 EFFECTIVE DATE 04/01/2015 EXPIRATION DATE 04/01/2016 YEAR 2000 MAKE/MODEL Scotty fire safety house VEHICLE IDENTIFICATION NUMBER 1SSTT1PT0X1155491 AGENCY/COMPANY ISSUING CARD: RIDGEVIEW INS AGCY - FP PO BOX 40 PRAIRIE DU SAC WI,53578 PHONE: (800) 252-1423 INSURED: Tess Corners Volunteer Fire Department W144 S6731 Tess Corners Dr Muskego,WI 53150 POLICY PROVIDES THE MINIMUM INSURANCE PRESCRIBED BY LAW WISCONSIN INSURANCE IDENTIFICATION CARD COMPANY NUMBER COMPANY 098-10804 Continental Western Insurance Company POLICY NUMBER 2431286-32 EFFECTIVE DATE 04/01/2015 EXPIRATION DATE 04/01/2016 YEAR 2006 MAKE/MODEL KME heavy duty rescue truck VEHICLE IDENTIFICATION NUMBER 1K9AF42816N058005 AGENCY/COMPANY ISSUING CARD: RIDGEVIEW INS AGCY - FP PO BOX 40 PRAIRIE DU SAC WI,53578 PHONE: (800) 252-1423 INSURED: Tess Corners Volunteer Fire Department W144 S6731 Tess Corners Dr Muskego,WI 53150 POLICY PROVIDES THE MINIMUM INSURANCE PRESCRIBED BY LAW WISCONSIN INSURANCE IDENTIFICATION CARD COMPANY NUMBER COMPANY 098-10804 Continental Western Insurance Company POLICY NUMBER 2431286-32 EFFECTIVE DATE 04/01/2015 EXPIRATION DATE 04/01/2016 YEAR 1995 MAKE/MODEL Ford equipment carrier VEHICLE IDENTIFICATION NUMBER 1FDKE30F7SHB64359 AGENCY/COMPANY ISSUING CARD: RIDGEVIEW INS AGCY - FP PO BOX 40 PRAIRIE DU SAC WI,53578 PHONE: (800) 252-1423 INSURED: Tess Corners Volunteer Fire Department W144 S6731 Tess Corners Dr Muskego,WI 53150 POLICY PROVIDES THE MINIMUM INSURANCE PRESCRIBED BY LAW WISCONSIN INSURANCE IDENTIFICATION CARD COMPANY NUMBER COMPANY 098-10804 Continental Western Insurance Company POLICY NUMBER 2431286-32 EFFECTIVE DATE 04/01/2015 EXPIRATION DATE 04/01/2016 YEAR 2003 MAKE/MODEL Chevrolet inspectors truck VEHICLE IDENTIFICATION NUMBER 1GCEC14X13Z158034 AGENCY/COMPANY ISSUING CARD: RIDGEVIEW INS AGCY - FP PO BOX 40 PRAIRIE DU SAC WI,53578 PHONE: (800) 252-1423 INSURED: Tess Corners Volunteer Fire Department W144 S6731 Tess Corners Dr Muskego,WI 53150 POLICY PROVIDES THE MINIMUM INSURANCE PRESCRIBED BY LAW WISCONSIN INSURANCE IDENTIFICATION CARD COMPANY NUMBER COMPANY 098-10804 Continental Western Insurance Company POLICY NUMBER 2431286-32 EFFECTIVE DATE 04/01/2015 EXPIRATION DATE 04/01/2016 YEAR 2008 MAKE/MODEL Chevrolet als ambulance VEHICLE IDENTIFICATION NUMBER 1GBE4V1978F418458 AGENCY/COMPANY ISSUING CARD: RIDGEVIEW INS AGCY - FP PO BOX 40 PRAIRIE DU SAC WI,53578 PHONE: (800) 252-1423 INSURED: Tess Corners Volunteer Fire Department W144 S6731 Tess Corners Dr Muskego,WI 53150 POLICY PROVIDES THE MINIMUM INSURANCE PRESCRIBED BY LAW THIS CARD SHOULD BE KEPT IN THE INSURED VEHICLE AT ALL TIMES AND PRESENTED UPON DEMAND IN CASE OF ACCIDENT:Report all accidents to your Agent/Company soon as possible. Obtain the following information: 1.Name and address of each driver, passenger and witness. 2.Name of Insurance Company and policy number for each vehicle involved. Claim Reporting:PO Box 1594, Des Moines, IA 50306-1594 24 Hour Claim Reporting 866-232-6724 EXAMINE POLICY EXCLUSIONS CAREFULLY.THIS FORM DOES NOT CONSTITUTE ANY PART OF YOUR INSURANCE POLICY OR BOND. THIS CARD SHOULD BE KEPT IN THE INSURED VEHICLE AT ALL TIMES AND PRESENTED UPON DEMAND IN CASE OF ACCIDENT:Report all accidents to your Agent/Company soon as possible. Obtain the following information: 1.Name and address of each driver, passenger and witness. 2.Name of Insurance Company and policy number for each vehicle involved. Claim Reporting:PO Box 1594, Des Moines, IA 50306-1594 24 Hour Claim Reporting 866-232-6724 EXAMINE POLICY EXCLUSIONS CAREFULLY.THIS FORM DOES NOT CONSTITUTE ANY PART OF YOUR INSURANCE POLICY OR BOND. THIS CARD SHOULD BE KEPT IN THE INSURED VEHICLE AT ALL TIMES AND PRESENTED UPON DEMAND IN CASE OF ACCIDENT:Report all accidents to your Agent/Company soon as possible. Obtain the following information: 1.Name and address of each driver, passenger and witness. 2.Name of Insurance Company and policy number for each vehicle involved. Claim Reporting:PO Box 1594, Des Moines, IA 50306-1594 24 Hour Claim Reporting 866-232-6724 EXAMINE POLICY EXCLUSIONS CAREFULLY.THIS FORM DOES NOT CONSTITUTE ANY PART OF YOUR INSURANCE POLICY OR BOND. THIS CARD SHOULD BE KEPT IN THE INSURED VEHICLE AT ALL TIMES AND PRESENTED UPON DEMAND IN CASE OF ACCIDENT:Report all accidents to your Agent/Company soon as possible. Obtain the following information: 1.Name and address of each driver, passenger and witness. 2.Name of Insurance Company and policy number for each vehicle involved. Claim Reporting:PO Box 1594, Des Moines, IA 50306-1594 24 Hour Claim Reporting 866-232-6724 EXAMINE POLICY EXCLUSIONS CAREFULLY.THIS FORM DOES NOT CONSTITUTE ANY PART OF YOUR INSURANCE POLICY OR BOND. THIS CARD SHOULD BE KEPT IN THE INSURED VEHICLE AT ALL TIMES AND PRESENTED UPON DEMAND IN CASE OF ACCIDENT:Report all accidents to your Agent/Company soon as possible. Obtain the following information: 1.Name and address of each driver, passenger and witness. 2.Name of Insurance Company and policy number for each vehicle involved. Claim Reporting:PO Box 1594, Des Moines, IA 50306-1594 24 Hour Claim Reporting 866-232-6724 EXAMINE POLICY EXCLUSIONS CAREFULLY.THIS FORM DOES NOT CONSTITUTE ANY PART OF YOUR INSURANCE POLICY OR BOND. THIS CARD SHOULD BE KEPT IN THE INSURED VEHICLE AT ALL TIMES AND PRESENTED UPON DEMAND IN CASE OF ACCIDENT:Report all accidents to your Agent/Company soon as possible. Obtain the following information: 1.Name and address of each driver, passenger and witness. 2.Name of Insurance Company and policy number for each vehicle involved. Claim Reporting:PO Box 1594, Des Moines, IA 50306-1594 24 Hour Claim Reporting 866-232-6724 EXAMINE POLICY EXCLUSIONS CAREFULLY.THIS FORM DOES NOT CONSTITUTE ANY PART OF YOUR INSURANCE POLICY OR BOND. INSURANCE IDENTIFICATION CARD_CA RD 10_01/08 WISCONSIN INSURANCE IDENTIFICATION CARD COMPANY NUMBER COMPANY 098-10804 Continental Western Insurance Company POLICY NUMBER 2431286-32 EFFECTIVE DATE 04/01/2015 EXPIRATION DATE 04/01/2016 YEAR 2010 MAKE/MODEL Ford als ambulance VEHICLE IDENTIFICATION NUMBER 1FDXE4FP3ADA36136 AGENCY/COMPANY ISSUING CARD: RIDGEVIEW INS AGCY - FP PO BOX 40 PRAIRIE DU SAC WI,53578 PHONE: (800) 252-1423 INSURED: Tess Corners Volunteer Fire Department W144 S6731 Tess Corners Dr Muskego,WI 53150 POLICY PROVIDES THE MINIMUM INSURANCE PRESCRIBED BY LAW WISCONSIN INSURANCE IDENTIFICATION CARD COMPANY NUMBER COMPANY 098-10804 Continental Western Insurance Company POLICY NUMBER 2431286-32 EFFECTIVE DATE 04/01/2015 EXPIRATION DATE 04/01/2016 YEAR 2010 MAKE/MODEL Pierce 1500 gpm pumper VEHICLE IDENTIFICATION NUMBER 4P1CJ01A5AA011192 AGENCY/COMPANY ISSUING CARD: RIDGEVIEW INS AGCY - FP PO BOX 40 PRAIRIE DU SAC WI,53578 PHONE: (800) 252-1423 INSURED: Tess Corners Volunteer Fire Department W144 S6731 Tess Corners Dr Muskego,WI 53150 POLICY PROVIDES THE MINIMUM INSURANCE PRESCRIBED BY LAW WISCONSIN INSURANCE IDENTIFICATION CARD COMPANY NUMBER COMPANY 098-10804 Continental Western Insurance Company POLICY NUMBER 2431286-32 EFFECTIVE DATE 04/01/2015 EXPIRATION DATE 04/01/2016 YEAR 2010 MAKE/MODEL Chevrolet als ambulance VEHICLE IDENTIFICATION NUMBER 1GB9G5B66A1122153 AGENCY/COMPANY ISSUING CARD: RIDGEVIEW INS AGCY - FP PO BOX 40 PRAIRIE DU SAC WI,53578 PHONE: (800) 252-1423 INSURED: Tess Corners Volunteer Fire Department W144 S6731 Tess Corners Dr Muskego,WI 53150 POLICY PROVIDES THE MINIMUM INSURANCE PRESCRIBED BY LAW WISCONSIN INSURANCE IDENTIFICATION CARD COMPANY NUMBER COMPANY 098-10804 Continental Western Insurance Company POLICY NUMBER 2431286-32 EFFECTIVE DATE 04/01/2015 EXPIRATION DATE 04/01/2016 YEAR 2009 MAKE/MODEL Ford Crown Victoria VEHICLE IDENTIFICATION NUMBER 2FAHP71V29X136670 AGENCY/COMPANY ISSUING CARD: RIDGEVIEW INS AGCY - FP PO BOX 40 PRAIRIE DU SAC WI,53578 PHONE: (800) 252-1423 INSURED: Tess Corners Volunteer Fire Department W144 S6731 Tess Corners Dr Muskego,WI 53150 POLICY PROVIDES THE MINIMUM INSURANCE PRESCRIBED BY LAW WISCONSIN INSURANCE IDENTIFICATION CARD COMPANY NUMBER COMPANY 098-10804 Continental Western Insurance Company POLICY NUMBER 2431286-32 EFFECTIVE DATE 04/01/2015 EXPIRATION DATE 04/01/2016 YEAR 2015 MAKE/MODEL Pierce 1250 gpm pumper VEHICLE IDENTIFICATION NUMBER 4P1BAAFF0FA015003 AGENCY/COMPANY ISSUING CARD: RIDGEVIEW INS AGCY - FP PO BOX 40 PRAIRIE DU SAC WI,53578 PHONE: (800) 252-1423 INSURED: Tess Corners Volunteer Fire Department W144 S6731 Tess Corners Dr Muskego,WI 53150 POLICY PROVIDES THE MINIMUM INSURANCE PRESCRIBED BY LAW WISCONSIN INSURANCE IDENTIFICATION CARD COMPANY NUMBER COMPANY 098-10804 Continental Western Insurance Company POLICY NUMBER 2431286-32 EFFECTIVE DATE 04/01/2015 EXPIRATION DATE 04/01/2016 YEAR 2014 MAKE/MODEL Chevrolet Road Rescue VEHICLE IDENTIFICATION NUMBER 1GB6G5CL9E1185647 AGENCY/COMPANY ISSUING CARD: RIDGEVIEW INS AGCY - FP PO BOX 40 PRAIRIE DU SAC WI,53578 PHONE: (800) 252-1423 INSURED: Tess Corners Volunteer Fire Department W144 S6731 Tess Corners Dr Muskego,WI 53150 POLICY PROVIDES THE MINIMUM INSURANCE PRESCRIBED BY LAW THIS CARD SHOULD BE KEPT IN THE INSURED VEHICLE AT ALL TIMES AND PRESENTED UPON DEMAND IN CASE OF ACCIDENT:Report all accidents to your Agent/Company soon as possible. Obtain the following information: 1.Name and address of each driver, passenger and witness. 2.Name of Insurance Company and policy number for each vehicle involved. Claim Reporting:PO Box 1594, Des Moines, IA 50306-1594 24 Hour Claim Reporting 866-232-6724 EXAMINE POLICY EXCLUSIONS CAREFULLY.THIS FORM DOES NOT CONSTITUTE ANY PART OF YOUR INSURANCE POLICY OR BOND. THIS CARD SHOULD BE KEPT IN THE INSURED VEHICLE AT ALL TIMES AND PRESENTED UPON DEMAND IN CASE OF ACCIDENT:Report all accidents to your Agent/Company soon as possible. Obtain the following information: 1.Name and address of each driver, passenger and witness. 2.Name of Insurance Company and policy number for each vehicle involved. Claim Reporting:PO Box 1594, Des Moines, IA 50306-1594 24 Hour Claim Reporting 866-232-6724 EXAMINE POLICY EXCLUSIONS CAREFULLY.THIS FORM DOES NOT CONSTITUTE ANY PART OF YOUR INSURANCE POLICY OR BOND. THIS CARD SHOULD BE KEPT IN THE INSURED VEHICLE AT ALL TIMES AND PRESENTED UPON DEMAND IN CASE OF ACCIDENT:Report all accidents to your Agent/Company soon as possible. Obtain the following information: 1.Name and address of each driver, passenger and witness. 2.Name of Insurance Company and policy number for each vehicle involved. Claim Reporting:PO Box 1594, Des Moines, IA 50306-1594 24 Hour Claim Reporting 866-232-6724 EXAMINE POLICY EXCLUSIONS CAREFULLY.THIS FORM DOES NOT CONSTITUTE ANY PART OF YOUR INSURANCE POLICY OR BOND. THIS CARD SHOULD BE KEPT IN THE INSURED VEHICLE AT ALL TIMES AND PRESENTED UPON DEMAND IN CASE OF ACCIDENT:Report all accidents to your Agent/Company soon as possible. Obtain the following information: 1.Name and address of each driver, passenger and witness. 2.Name of Insurance Company and policy number for each vehicle involved. Claim Reporting:PO Box 1594, Des Moines, IA 50306-1594 24 Hour Claim Reporting 866-232-6724 EXAMINE POLICY EXCLUSIONS CAREFULLY.THIS FORM DOES NOT CONSTITUTE ANY PART OF YOUR INSURANCE POLICY OR BOND. THIS CARD SHOULD BE KEPT IN THE INSURED VEHICLE AT ALL TIMES AND PRESENTED UPON DEMAND IN CASE OF ACCIDENT:Report all accidents to your Agent/Company soon as possible. Obtain the following information: 1.Name and address of each driver, passenger and witness. 2.Name of Insurance Company and policy number for each vehicle involved. Claim Reporting:PO Box 1594, Des Moines, IA 50306-1594 24 Hour Claim Reporting 866-232-6724 EXAMINE POLICY EXCLUSIONS CAREFULLY.THIS FORM DOES NOT CONSTITUTE ANY PART OF YOUR INSURANCE POLICY OR BOND. THIS CARD SHOULD BE KEPT IN THE INSURED VEHICLE AT ALL TIMES AND PRESENTED UPON DEMAND IN CASE OF ACCIDENT:Report all accidents to your Agent/Company soon as possible. Obtain the following information: 1.Name and address of each driver, passenger and witness. 2.Name of Insurance Company and policy number for each vehicle involved. Claim Reporting:PO Box 1594, Des Moines, IA 50306-1594 24 Hour Claim Reporting 866-232-6724 EXAMINE POLICY EXCLUSIONS CAREFULLY.THIS FORM DOES NOT CONSTITUTE ANY PART OF YOUR INSURANCE POLICY OR BOND. CW 25 11 01 14 POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE_CW 25 11_01/14 CW 25 11 01 14 Page 1 of 1 POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE You are hereby notified that under the Terrorism Risk Insurance Act, as amended,(the "Act"), you have a right to purchase insurance coverage for losses resulting from acts of terrorism, as defined in Section 102(1) of the Act: The term "act of terrorism" means any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State, and the Attorney General of the United States - to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion.Coverage under your £ NEW or T RENEWAL policy may be affected as follows: YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM, AS DEFINED UNDER THE ACT; SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW.HOWEVER, YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS.UNDER THIS FORMULA, THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES 85% OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE.THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. YOU SHOULD ALSO KNOW THAT THE ACT CONTAINS A $100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS' LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS $100 BILLION.IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED $100 BILLION, YOUR COVERAGE MAY BE REDUCED. Please "X" the appropriate box below: I hereby elect to purchase terrorism coverage, subject to the limitations of the Act, for acts of terrorism, as defined in the Act, for a premium of $0 through 12/31/2014, and an estimated premium of $190 for the period beyond 12/31/2014. I hereby decline to purchase terrorism coverage for certified acts of terrorism.I understand that I will have no coverage for losses resulting from certified acts of terrorism. Continental Western Insurance Company Policyholder/Applicant's Signature Insurance Company FDK 2431286 -32 Print Name Policy Number 04/01/2015 -04/01/2016 Date Policy Period Possibility Of Additional Or Return Premium.The premium for certified acts of terrorism coverage is calculated based in part on federal participation in payment of terrorism losses as set forth in the Act.The federal program established by the Act is scheduled to terminate at the end of 12/31/2014 unless extended by the Federal Government.If the federal program terminates or if the level of federal participation changes, the estimated premium for the period beyond 12/31/2014 may change. PR IV NT C1 06 01 PRIVACY NOTICE_PR IV NT C1_06/01 PR IV NT C1 06 01 Page 1 of 2 PRIVACY NOTICE Continental Western Insurance Company (the "Company"),a member company of the W.R.Berkley Corporation ("Berkley")group of companies and each other member of the Berkley group of companies ("Affiliates") understands our customers'concern about privacy of their information collected by the Company.Our Company is dedicated to protecting the confidentiality and security of nonpublic personal information we collect about our customers in accordance with applicable laws and regulations.This notice refers to the Company by using the terms "us,""we,"or "our."This notice describes our privacy policy and describes how we treat the nonpublic personal information about our customers that we receive from them ("Information"). Why We Collect and How We Use Information. We collect and use Information for business purposes with respect to our insurance products and services and other business relations involving our customers.We gather this Information to evaluate your request for insurance, to evaluate your insurance claims,to administer,maintain,or review your insurance policy,and to process your insurance transactions. We also accumulate certain information about you as may be required or permitted by law. Your insurance agent or broker also collects this Information and may use it to help with your overall insurance program or to market additional products and services to you.We may also use Information to offer you other products or services that we or our Affiliates provide. How We Collect Information. Most Information collected by us is provided by you or your insurance agent or broker to us.We obtain Information from (i)applications or other forms submitted by you,your insurance agent or broker or your authorized representatives to us and our Affiliates,and (ii)your transactions with us or our Affiliates.We may also obtain Information from other sources such as (i)consumer reporting agencies,(ii)other institutions or information services providers, (iii) employers, (iv) other insurers, or (v) your family members. Information We Disclose We disclose any Information which we believe is necessary to conduct our business as permitted by applicable law or where required by applicable law.This disclosure may include (i)Information we receive from you on applications or other forms provided to us and our Affiliates,such as names,addresses,social security numbers, assets,employer information,salaries,etc.(ii)Information about your transactions with us and our Affiliates,such as policy coverages,premiums,payment history,etc.,and (iii)Information we receive from a consumer reporting agency, such as credit worthiness and credit history. To Whom We Disclose Information We may,as permitted or required by applicable law,disclose your Information to nonaffiliated third parties,such as (i)your insurance agent or broker,(ii)independent claims adjusters,(iii)insurance support organizations,(iv) processing companies,(v)actuarial organizations,(vi)law firms,(vii)other insurance companies involved in an insurance transaction with you,(viii)law enforcement,regulatory,or governmental agencies,(ix)courts or parties therein pursuant to a subpoena or court order,(x)businesses with whom we have a marketing agreement,or (xi) our Affiliates. We may share Information with our Affiliates so that they may offer you products and services from the Berkley group of companies or to analyze our book of business and to consolidate necessary information.We do not disclose Information to other companies or organizations not affiliated with us for the purpose of using Information to sell their products or services to you.For example,we do not sell your name to unaffiliated mail order or direct marketing companies. How We Protect Information We require our employees to protect the confidentiality of Information as required by applicable law.Access to Information by our employees is limited to administering,offering,servicing,processing or maintaining of our products and services.We also maintain physical,electronic and procedural safeguards designed to protect Information.When we share or provide Information to other persons or organizations,we contractually obligate them,if required by law,to treat Information as confidential and conform to our privacy policy and applicable laws and regulations. Page 2 of 2 PR IV NT C1 06 01 Correction and Access to Information Upon our receipt of your written request to us at P.O.Box 1594,Des Moines,IA 50306-1594,we will,generally, make available Information for your review.If you believe the Information we have about you is incorrect or inaccurate,you may request that we make any necessary corrections,additions or deletions.If we agree with your belief,we will correct our records if required by applicable law.If we do not agree,you may submit to us a short statement of dispute,which we will include in any future disclosure by us of such Information if required by applicable law. Requirements for Privacy Notice This privacy notice is being provided due to recently enacted federal and state laws and regulations establishing new privacy standards and requires us to provide this privacy policy.For additional information regarding our privacy policy, please write to us at P.O. Box 1594, Des Moines, IA 50306-1594. Adopted: June 1, 2001 COMMERCIAL LINES POLICY COMMON POLICY DECLARATIONS_B IL DS 00_09/07 B IL DS 00 09 07 B IL DS 00 09 07 Includes copyrighted material of Insurance Services Offices, with its permission Page 1 of 2 Issuing Company:Continental Western Insurance Company,11201 Douglas Ave, Des Moines, IA 50306-1594 Claim Handling Office:P.O. Box 1594, Des Moines, IA 50306-1594; 800-235-2942 After Hours Claim Reporting: 866-232-6724 Underwriting Servicing Office:11201 Douglas Avenue, Urbandale, IA 50322; 800-235-2942 COMMERCIAL LINES POLICY COMMON POLICY DECLARATIONS Renewal Policy No.:FDK 2431286 -32 Previous Policy No.:2431286-31 Billing Method:Agency Payment Plan:1P Named Insured Name and Address Tess Corners Volunteer Fire Department W144 S6731 Tess Corners Dr Muskego,WI 53150 Agency Name and Address 01103 (800) 252-1423 RIDGEVIEW INS AGCY - FP PO BOX 40 PRAIRIE DU SAC,WI 53578 POLICY PERIOD Policy Period:From 04/01/2015 to 04/01/2016 at 12:01 A.M. Standard Time at your mailing address shown above. Business Description:Fire Department and EMS - including volunteers Form of Business:Volunteer Fire Dept IN RETURN FOR YOUR PAYMENT OF THE PREMIUM AND SUBJECT TO ALL TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED.THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. Premium Commercial Property Coverage Part $7,825.00 Commercial General Liability Coverage Part $4,013.00 Commercial Liquor Liability Coverage Part $132.00 Commercial Auto Coverage Part $22,725.00 Commercial Inland Marine Coverage Part $2,324.00 TOTAL:$37,019.00 FORMS APPLICABLE TO ALL COVERAGE PARTS See attached "Schedule of Forms and Endorsements" THESE DECLARATIONS, TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGES FORM(S) AND ANY ENDORSEMENT(S), COMPLETE THE ABOVE NUMBERED POLICY. Countersigned:By: (Date)(Authorized Representative) Page 2 of 2 Includes copyrighted material of Insurance Services Offices, with its permission B IL DS 00 09 07 CL LOC 09 08 LOCATION SCHEDULE_CL LOC_09/08 CL LOC 09 08 Page 1 of 1 LOCATION SCHEDULE Location #1 Volunteer fire department #1 and storage shed W144 S6731 Tess Corners Dr Muskego,WI 53150 Location #2 Volunteer fire department #2 S100 W13444 Loomis Dr Muskego,WI 53150 Location #3 Volunteer fire department ambulance storage bay (formerly loc #1 on fdk2383656) S 76 W17858 Janesville Rd Muskego,WI 53150 Location #4 Fire Station (formerly Loc #2 on FDK 2383656) W195 S10030 Racine Dr Muskego,WI 53150 CL IL FS 01 09 08 SCHEDULE OF FORMS AND ENDORSEMENTS_CL IL FS 01_09/08 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. CL IL FS 01 09 08 Page 1 of 2 Policy Number:FDK 2431286 -32 SCHEDULE OF FORMS AND ENDORSEMENTS The following Declarations, Coverage Forms, Conditions, and Endorsements are applicable to: Commercial Common Policy State*Number Edition Description ALL B IL DS 00 09-2007 Commercial Lines Policy Common Policy Declarations ALL CL IL FS 01 09-2008 Schedule of Forms and Endorsements ALL CL IL SP 04 05-2013 Signature Page - CWIC ALL CL LOC 09-2008 Location Schedule ALL IL 00 17 11-1998 Common Policy Conditions Commercial Auto Coverage Part State*Number Edition Description ALL CW 33 41 05-2013 Wisconsin Governmental Liability Amendatory Endorsement ALL IL 00 03 09-2008 Calculation of Premium ALL IL 00 21 09-2008 Nuclear Energy Liability Exclusion Endorsement - Broad Form ALL IL 02 83 09-2007 Wisconsin Changes - Cancellation & Nonrenewal Commercial General Liability Coverage Part State*Number Edition Description ALL CW 25 11 01-2014 Policyholder Disclosure Notice of Terrorism Insurance Coverage ALL CW 33 41 05-2013 Wisconsin Governmental Liability Amendatory Endorsement ALL IL 00 03 09-2008 Calculation of Premium ALL IL 00 21 09-2008 Nuclear Energy Liability Exclusion Endorsement - Broad Form ALL IL 02 83 09-2007 Wisconsin Changes - Cancellation & Nonrenewal ALL IL 09 99 01-2007 Disclosure Of Premium And Estimated Premium For Certified Acts Of Terrorism Coverage (Pursuant To Terrorism Risk Insurance Act Of 2002) Inland Marine Coverage Part State*Number Edition Description ALL CL 01 97 01-2001 Amendatory Endorsement - Wisconsin ALL CL 06 00 01-2008 Certified Terrorism Loss ALL CL 16 05 06-2006 Certified Terrorism Loss Disclosure of Premium and Federal Share of Insured Losses ALL CL 16 40 06-2006 Conditional Terrorism Exclusion (With Limited Exception) ALL CW 25 11 01-2014 Policyholder Disclosure Notice of Terrorism Insurance Coverage ALL IL 09 52 03-2008 Cap on Losses From Cert Acts of Terrorism ALL IL 09 95 01-2007 Conditional Exclusion Of Terrorism (Relating To Disposition Of Federal Terrorism Risk Insurance Act Of 2002) ALL IL 09 99 01-2007 Disclosure Of Premium And Estimated Premium For Certified Acts Of Terrorism Coverage (Pursuant To Terrorism Risk Insurance Act Of 2002) Commercial Property Coverage Part State*Number Edition Description Page 2 of 2 CL IL FS 01 09 08 Page 2 of 2 ALL CL IL 01 18 10-2013 Data Breach Coverage ALL CW 21 38 08-2004 Increased Building Limit Endorsement ALL CW 25 11 01-2014 Policyholder Disclosure Notice of Terrorism Insurance Coverage ALL IL 00 03 09-2008 Calculation of Premium ALL IL 02 83 09-2007 Wisconsin Changes - Cancellation & Nonrenewal ALL IL 09 52 03-2008 Cap on Losses From Cert Acts of Terrorism ALL IL 09 95 01-2007 Conditional Exclusion Of Terrorism (Relating To Disposition Of Federal Terrorism Risk Insurance Act Of 2002) ALL IL 09 99 01-2007 Disclosure Of Premium And Estimated Premium For Certified Acts Of Terrorism Coverage (Pursuant To Terrorism Risk Insurance Act Of 2002) ALL UW 00 31 12-2004 Coinsurance Penalty Policy Stuffer *When the word "ALL" appears in the state column, the form applies to all states on the policy. AAIS This endorsement changes CL 0197 01 01 the policy Page 1 of 1 -- PLEASE READ THIS CAREFULLY -- AMENDATORY ENDORSEMENT WISCONSIN 1. Under Common Policy Conditions, Cancellation is deleted and replaced by the following: Cancellation and Nonrenewal -- "You" may cancel this policy at any time by giving "us" written notice or returning the policy to "us" and stating at what future date coverage is to stop. "We" may cancel or not renew this policy by written notice to "you" at the address shown on the policy. If the notice is mailed, it will be by first class mail. Proof of delivery or mailing is sufficient proof of notice. If this policy has been in effect less than 60 days, "we" may cancel for any reason. If this policy has been in effect 60 days or more, or if it is a renewal of a policy issued by "us", "we" may cancel or not renew only at the anniversary date unless: a. the premium has not been paid when due; b. the policy has been obtained through material misrepresentation; c. there has been a substantial change in the risk assumed that "we" could not have reasonably foreseen or contemplated in writing the policy; or d. there have been substantial breaches of contractual duties, conditions, or warranties. If "we" cancel this policy, "we" will give "you" notice at least ten days before cancellation is effective. If "we" cancel or nonrenew this policy at the anniversary date, "we" will give "you" at least 60 days advance notice. "Our" notice will include the reason or reasons for the cancellation or nonrenewal. "Your" return premium, if any, will be calculated on a pro rata basis and refunded at the time of cancellation or as soon as practical. Payment or tender of the unearned premium is not a condition of cancellation. 2. Under Common Policy Conditions, the following condition is added: Renewal -- If "we" decide to renew or amend this policy at the anniversary date with "terms" less favorable to "you" or at a higher premium, "we" will give "you" notice of the altered "terms" or premium increase at least 60 days prior to the renewal or anniversary date. "Our" notice will be delivered or mailed by first class mail. A notice is not needed if the premium increase: a. is less than 25% and is generally applicable to the class of business to which this policy belongs; or b. results from a change based on "your" action that alters the nature or extent of the risk insured against, including but not limited to a change in the classification or the units of exposure or increased policy coverage. 3. Under the Common Policy Conditions, Change, Modification, or Waiver of Policy Terms is amended to include the following: Knowledge by "our" authorized agent of material facts pertaining to this coverage is considered to be knowledge by "us". A failure by the insured to perform an act required under this coverage will not affect "our" duties under this coverage if the failure was caused by an act, statement, representation, or omission by "our" authorized agent. CL 0197 01 01 Copyright, American Association of Insurance Services, 2001 <!-Bookmark:AMENDATORY ENDORSEMENT - WISCONSIN_CL 01 97_01/01:EndBoomark-!> Copyright, American Association of Insurance Services, Inc., 2008 AAIS This endorsement changes CL 0600 01 08 the policy Page 1 of 1 -- PLEASE READ THIS CAREFULLY -- CERTIFIED TERRORISM LOSS 1. The following definitions are added. a. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1) to be an act of terrorism; 2) to be a violent act or an act that is dangerous to human life, property, or infrastructure; 3) to have resulted in damage: a) within the United States; or b) to an air carrier (as defined in section 40102 of title 49, United States Code); to a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), regardless of where the loss occurs; or at the premises of any United States mission; 4) to have been committed by an individual or individuals, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion; and 5) to have resulted in insured losses in excess of five million dollars in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act, as amended. b. "Certified terrorism loss" means loss that results from a "certified act of terrorism". 2. The "terms" of any terrorism exclusion that is part of or that is attached to this Coverage Part are amended by the following provision: This exclusion does not apply to "certified terrorism loss". 3. The following provision is added. If the Secretary of the Treasury determines that the aggregate amount of "certified terrorism loss" has exceeded one hundred billion dollars in a Program Year (January 1 through December 31), and "we" have met "our" insurer deductible under the Terrorism Risk Insurance Act, as amended, "we" will not pay for any portion of "certified terrorism loss" that exceeds one hundred billion dollars. If the "certified terrorism loss" exceeds one hundred billion dollars in a Program Year (January 1 through December 31), losses up to one hundred billion dollars are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury under the Terrorism Risk Insurance Act, as amended. 4. The following provisions are added. a. Neither the "terms" of this endorsement nor the "terms" of any other terrorism endorsement attached to this Coverage Part provide coverage for any loss that would otherwise be excluded by this Coverage Part under: 1) exclusions that address war, military action, or nuclear hazard; or 2) any other exclusion; and b. the absence of any other terrorism endorsement does not imply coverage for any loss that would otherwise be excluded by this Coverage Part under: 1) exclusions that address war, military action, or nuclear hazard; or 2) any other exclusion. CL 0600 01 08 <!-Bookmark:CERTIFIED TERRORISM LOSS_CL 06 00_01/08:EndBoomark-!> AAIS CL 1605 06 06 Page 1 of 2 DISCLOSURE OF PREMIUM AND FEDERAL SHARE OF INSURED LOSSES_CL 16 05_06/06 TERRORISM PREMIUM DISCLOSURE NOTICE PLEASE READ THIS CAREFULLY Copyright, American Association of Insurance Services, Inc., 2006 CERTIFIED TERRORISM LOSS DISCLOSURE OF PREMIUM AND FEDERAL SHARE OF INSURED LOSSES (The entries required to complete this endorsement will be shown below on the "declarations", or on the "schedule of coverages".) SCHEDULE A.Certified Terrorism Loss Premium through 12/31/2014 :$0 B.(This item may be left blank, see item 4 below for more information.) Estimated Certified Terrorism Loss Premium Beyond Date Shown Above:$190 C.(This item may be left blank, see item 2. below for more information.) Federal share of terrorism losses:85 %, for losses occurring in year 2014 Federal share of terrorism losses:TBD %, for losses occurring in year 2015 Additional information, if any, concerning terrorism premium: 1.The portion of "your" premium that is attributed to coverage for "certified terrorism loss" is shown in the Schedule above. 2.Coverage for "certified terrorism loss", to the extent that such coverage is provided by this policy or Coverage Part, will be partially reimbursed by the United States Government Department of Treasury under a federal program Under that program, the United States pays the following percentages of the amount of covered "certified terrorism loss" that exceeds the statutorily established deductible that "we" retain. a.90% for losses occurring in 2006, and b.85% for losses occurring 2007. If the federal program is extended beyond 2014, the percentage of covered "certified terrorism loss" that exceeds the statutorily established deductible that "we" retain and that is paid by the United States is shown under item C in the Schedule above. 3.The Certified Terrorism Loss Premium is calculated based in part on the federal reimbursement of terrorism losses established by the federal program. That program is scheduled to terminate on the date shown in item A. of the Schedule above, unless renewed, extended, or replaced by the federal government. 4.The following provisions apply if the Conditional Terrorism Exclusion endorsement is applicable. a.Continuation of coverage for certified terrorism loss, or termination of such coverage, will depend on whether the federal program is renewed, extended, or replaced without change or ceases on the date shown in item A. of the Schedule above, subject to the "terms" of the Conditional Terrorism Exclusion endorsement. AAIS CL 1605 06 06 Page 2 of 2 Copyright, American Association of Insurance Services, Inc., 2006 b.If coverage for "certified terrorism loss." Continues and no estimated premium is shown in item B. of the Schedule above, "we" will calculate the premium for "certified terrorism loss" for the period beyond the date shown in item A. of the Schedule, and "we" will charge additional premium, as determined by "our" calculations. c.If an estimated premium is shown in item B. of the Schedule above for the period beyond the date shown in item A. of the Schedule, "we" will recalculate that premium when the status of the federal program is determined, and "we" will charge additional premium or refund excess premium, as determined by "our" calculations. 5.If the Conditional Terrorism Exclusion endorsement is not applicable, continuation of coverage for terrorism loss will not depend on whether the federal program is renewed, extended, or replaced without change or ceases on the date shown in item A. of the Schedule above. When the status of the federal program is determined, "we" will recalculate the estimated premium shown in item B. of the Schedule of the period beyond the date shown in item A. of the Schedule, and "we" will charge additional premium or refund excess premium, as determined by "our" calculations. 6.If "we" notify "you" of an additional premium charge, the additional premium will be due as specified in "our" notice. CL 1605 06 06 Copyright, American Association of Insurance Services, Inc., 2006 AAIS This endorsement changes CL 1640 06 06 the policy Page 1 of 3 -- PLEASE READ THIS CAREFULLY -- CONDITIONAL TERRORISM EXCLUSION (WITH LIMITED EXCEPTION) NOTICE The Terrorism Risk Insurance Program (the Program), as established under federal law, is scheduled to terminate while your policy is in effect. The Terrorism Exclusion found in this endorsement will apply only if the federal government does not renew, extend, or otherwise replace the Program or if the conditions, definitions, or requirements of the Program are changed by the federal government and federal law no longer requires that we make Terrorism Coverage available to you. 1. The Terrorism Exclusion set forth by this endorsement becomes effective on the earliest of the following: a. the date that the federal Terrorism Risk Insurance Program (the Program) established by the Terrorism Risk Insurance Act has terminated with respect to the type of insurance provided by the Coverage Part to which this endorsement applies; or b. the effective date of a renewal, extension, or replacement of the Program, if federal law no longer requires that "we" make terrorism coverage available to "you" and the Program has been renewed, extended, or replaced subject to changes that: 1) redefine terrorism; or 2) increase "our" financial exposure under the Program; or 3) impose requirements on insurance coverage for terrorism that differ from the terms, amounts, or other limitations that otherwise govern coverage for loss or damage under the "terms" of the Coverage Part to which this endorsement applies. If a condition described above under items 1.a. and 1.b. occurs prior to the effective date of the policy period to which this endorsement applies, the Terrorism Exclusion set forth by this endorsement applies as of the effective date of that policy period. 2. If the Terrorism Exclusion set forth by this endorsement becomes effective, this Terrorism Exclusion: a. supersedes any other endorsements that address "certified acts of terrorism", "certified terrorism loss", "non-certified acts of terrorism", and or "non-certified terrorism loss" that also apply to the Coverage Part to which this endorsement applies, but only with respect to loss or damage caused by one or more incidents of terrorism that occur on or after the effective date of this Terrorism Exclusion; and b. remains in effect unless "we" notify "you" of changes to this Terrorism Exclusion. <!-Bookmark:CONDITIONAL TERRORISM EXCLUSION_CL 16 40_06/06:EndBoomark-!> AAIS CL 1640 06 06 Page 2 of 3 Copyright, American Association of Insurance Services, Inc., 2006 3. If none of the conditions described above under items 1.a. and 1.b. occur, any other endorsements that address "certified acts of terrorism", "certified terrorism loss", "non- certified acts of terrorism", and or "non- certified terrorism loss" that also apply to the Coverage Part to which this endorsement applies continue to apply until "we" notify "you" of changes to such other endorsements. 4. The word terrorism, when shown in this endorsement in quotation marks, has the following meaning: "Terrorism" means activities against persons, organizations, or property of any nature: a. that involve the following or preparation for the following: 1) use or threat of force or violence; or 2) commission or threat of a dangerous act; or 3) commission or threat of an act that interferes with or disrupts an electronic, communication, information, or mechanical system; and b. when one or both of the following applies: 1) the effect is to intimidate or coerce a government or the civilian population or any segment thereof, or to disrupt any segment of the economy; or 2) it appears that the intent is to intimidate or coerce a government, or to further political, ideological, religious, social, or economic objectives, or to express (or express opposition to) a philosophy or ideology. 5. The following exclusion is added: TERRORISM EXCLUSION Subject to the Fire Exception, "we" will not pay for loss or damage caused directly or indirectly by "terrorism", including action in hindering or defending against an actual or expected incident of "terrorism". Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss or damage. This exclusion applies only when one or more of the following are attributed to an incident of "terrorism": a. the "terrorism" is carried out by means of the dispersal or application of radioactive material, or through the use of a nuclear weapon or device that involves or produces a nuclear reaction, nuclear radiation, or radioactive contamination; or b. radioactive material is released, and it appears that one purpose of the "terrorism" was to release such material; or c. the "terrorism" is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials; or d. pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the "terrorism" was to release such materials; or AAIS CL 1640 06 06 Page 3 of 3 Copyright, American Association of Insurance Services, Inc., 2006 e. the total of insured damage to all types of property in the United States, its territories and possessions, Puerto Rico, and Canada exceeds $25,000,000. In determining whether the $25,000,000 threshold is exceeded, "we" will include all insured damage sustained by property of all persons and entities affected by the "terrorism" and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision, insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions. Multiple incidents of "terrorism" which occur within a 72-hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident, for the purpose of determining whether the threshold is exceeded. Item 5.e. above describes the threshold used to measure the magnitude of an incident of "terrorism" and the circumstances in which the threshold will apply, for the purpose of determining whether this Terrorism Exclusion will apply to that incident. When this Terrorism Exclusion applies to an incident of "terrorism", there is no coverage under the Coverage Part to which this endorsement applies. Fire Exception -- If "terrorism" results in fire, "we" will pay for the loss or damage caused by that fire, subject to the "limit" and all "terms" that apply to the affected property. This Fire Exception applies only to direct loss or damage by fire to covered property. Therefore, for example, this Fire Exception does not apply to insurance provided under Income, Earnings, Extra Expense, or Legal Liability coverages, endorsements, coverage parts, or policy forms. 6. When the Terrorism Exclusion set forth by this endorsement applies due to an incident of "terrorism" described above under items 5.a. or 5.b., that Terrorism Exclusion supersedes the Nuclear Hazard Exclusion in the Coverage Part to which this endorsement applies. 7. The following provisions are added. a. Neither the "terms" of this endorsement nor the "terms" of any other terrorism endorsement attached to the Coverage Part to which this endorsement applies provide coverage for any loss or damage that would otherwise be excluded by that Coverage Part under: 1) exclusions that address war, military action, or nuclear hazard; or 2) any other exclusion. b. The absence of any other terrorism endorsement does not imply coverage for any loss or damage that would otherwise be excluded by the Coverage Part to which this endorsement applies under: 1) exclusions that address war, military action, or nuclear hazard; or 2) any other exclusion. CL 1640 06 06 INTERLINE CL IL 01 18 10 13 DATA BREACH COVERAGE_CL IL 01 18_10/13 THIS ENDORSEMENT MODIFIES THE POLICY.PLEASE READ IT CAREFULLY. CL IL 01 18 10 13 Includes copyrighted material of Insurance Services Page 1 of 6 Office, Inc., with its permission DATA BREACH COVERAGE This endorsement provides additional coverage under the following: COMMERCIAL PROPERTY COVERAGE PART EQUIPMENT DEALERS COVERAGE FORM SCHEDULE OF COVERAGE LIMITS Coverage Limits of Insurance Data Breach Coverage $50,000 Legal Expense Coverage $5,000 Digital Forensic Expense Coverage $5,000 Data Breach Coverage Deductible $1,500 (Information required to complete this Schedule, if not shown above, will be shown in the Declarations) Various provisions in this endorsement restrict coverage.Read the entire endorsement carefully to determine rights,duties,and what is and is not covered.Throughout this endorsement,"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. Other words and phrases that appear in quotation marks have special meaning.Refer to Section G. Definitions. A.Coverage 1.We will provide Data Breach Services,Data Breach Expense Coverage,Legal Expense Coverage,and Digital Forensic Expense Coverage as described below if all of the following conditions are met: a.You suspect you have experienced a "data breach"; b.Such "data breach"is first discovered by you during the coverage period of this endorsement; and c.Such "data breach"is reported to us within 60 days after the date it is first discovered by you. 2.Data Breach Services The following Breach Response Services will be made available to you through our designated "Direct Service Provider"(s)and are not subject to Section C.Limits of Insurance or Section D. Deductible: Consulting services to assist you in: a.Determining the severity of the breach; b.Determining the remediation services to be offered to breach notification recipients; c.Assisting with drafting the breach notification letter; d.Determining alternate forms of notice (web-based response or e-mail notification)in breaches that fall outside the regulated threshold levels; e.Assessing the need or value of a public relations response; and f.Assisting with 3rd party notification requirements and communications including but not limited to State Attorneys General,Departments of Consumer Affairs,Credit Bureaus,and State Police. 3.Data Breach Expense Coverage We will pay your reasonable and necessary direct expenses incurred for the following covered expenses up to the limit of insurance described in Section C. Limits of Insurance: a.Notification to Potentially -Identified Persons We will provide you with expense reimbursement for reasonable costs incurred by your for the printing,mailing, postage and delivery of notification letters sent to "potentially-identified persons"and required third parties following an actual "data breach"and pursuant to any applicable federal and/or state breach notification requirements. Reimbursement is limited to the above described expenses and is contingent upon your consultation with us prior to the issuance of any notification/communication to "potentially-identified persons". b.Services to Potentially -Identified Persons The following services can be made available to "potentially-identified persons"through our designated "Direct Service Provider": (1)Proactive Monitoring Services Page 2 of 6 Includes copyrighted material of Insurance Services CL IL 01 18 10 13 Office, Inc., with its permission We will provide you with expense reimbursement coverage for costs incurred in providing "proactive monitoring services"to these notification recipients if and when warranted.This service is subject to the "potentially-identified person" enrolling for this service with our designated "Direct Service Provider". (2)Help Line A toll-free telephone line for "potentially-identified persons"who have questions or require assistance with the "data breach"including but not limited to: Answering questions regarding fraud and fraud prevention; Provision of proactive education and alerts via the web; Initial credit file activity review when a social security number has been exposed; Assistance with placement of Fraud Alerts when a social security number has been exposed; and Read and interpret credit reports for any possible fraud indicators when a social security number has been exposed. (3)Identity Restoration Case Management This consists of services of an identity restoration professional who will assist that "identified person" through the process of correcting credit and other records.Fraud resolution assistance services include but are not limited to: Unlimited access to a personal fraud specialist via a custom toll- free number; Creation of a Fraud Victim Affidavit; Preparation of documents needed for credit grantor notification, and fraud information removal purposes; Facilitation of phone calls needed for credit grantor notification, and fraud information removal purposes; Systematic notification and communication with any relevant government and private agencies for fraud information removal purposes; Guidance in filing a law enforcement report; Comprehensive case file creation for insurance and law enforcement; Guidance with enrollment in applicable Identity Theft Passport Programs (in states where it is available and in situations where It is warranted); Guidance with placement of Credit File Freezes (in situations where it's warranted); Provision of general Fraud Alerts, reminders and status checks; Review of credit reports for possible fraudulent activity; and A full year of service, including follow-up calls. You agree to consult with our designated "Direct Service Provider" prior to offering these services to "identified persons". 4.Legal Expense Coverage We will provide you with expense reimbursement for necessary and reasonable legal costs incurred by you within the first six months following discovery of a "data breach".Reimbursable legal expenses are limited to legal services ensuring that: a.The content and methodology for a Data Breach Notification complies with state and/or federal notification requirements; and b.The process of handling the "data breach"complies with applicable state and/or federal laws. Legal Expense Coverage is limited to these two specific legal services and does not cover reimbursement for any legal costs associated with the defense of any claims, demands,regulatory actions or legal suits filed against you as a result of a "data breach."The most we will pay for Legal Expense Coverage is described in paragraph 2.of Section C.Limits of Insurance. 5.Digital Forensic Expense Coverage We will provide you with expense reimbursement for necessary and reasonable digital forensic services incurred by you to investigate the magnitude of the "data breach".Reimbursable digital forensic services are limited to services that: a.Determine,based on the facts presented, whether or not an actual data exposure requiring notification pursuant to state and/or federal law has occurred. CL IL 01 18 10 13 Includes copyrighted material of Insurance Services Page 3 of 6 Office, Inc., with its permission b.Ascertain who and how many individuals are affected for purposes of meeting notification requirements. Digital Forensic Expense Coverage is limited to these two specific digital forensic services and does not cover reimbursement for any digital forensic services associated with determining the nature or cause of a "data breach"or to fix or remediate digital assets and networks compromised as a result of a "data breach."The most we will pay for Digital Forensic Expense Coverage is described in paragraph 3.of Section C. Limits of Insurance.As a condition of this coverage,you agree to utilize our designated "Direct Service Provider"or to obtain prior written approval from us prior to utilizing your own service provider. B.Exclusions We will not pay for costs arising from the following: 1.Deficiency in Management or Systems Investigating or remedying any deficiencies in your employee management,vendor management,internal systems,procedures, computer network/system firewall,and computer network/system antivirus or physical security that may have contributed to a "data breach". 2.Prior Discovery Any "data breach"discovered prior to the inception of this endorsement. 3.Fraudulent, Dishonest or Criminal Act Any criminal,fraudulent or dishonest act, error or omission,or any intentional or knowing violation of law by you,any of your partners,directors,executive officers, managing members,or trustees acting alone or in collusion with others;or whether occurring during or outside of the hours of employment. 4.Intentional Acts Your intentional or willful involvement in a "data breach". 5.Fines, Penalties, Fees or Assessments Any "fines,penalties,fees or assessments". This includes but is not limited to fees or surcharges from financial institutions,state or federal regulators, and courts of law. 6.Defense or Legal Liability Any fees,costs,settlements,judgments,or liability of any kind arising in the course of,or as a result of a claim for damages,lawsuit, administrative proceedings,or governmental investigation against or involving you as a result of a "data breach". 7.Victim Expenses or Losses Costs or losses incurred by a victim of "data breach". 8.Malicious Code Any loss of data from "malicious code". 9.Threat, Extortion or Blackmail Any threat,extortion or blackmail including but not limited to,ransom payments and private security assistance. 10.Delay, Loss Of Use or Loss Of Market Delay,loss of use,loss of existing or prospective markets,diminished value or any other consequential loss. 11.Contractual Liability Legal obligations arising by reason of your assumption of liability in a contract or agreement. 12.Zero-day exploit(s) Any loss of data due to a "zero-day exploit(s)". C.Limits Of Insurance 1.The most we will pay for the total of all: a.Data Breach Expense Coverage; b.Legal Expense Coverage; and c.Digital Forensic Expense Coverage; is the Data Breach Coverage Limit of Insurance of $50,000,unless a higher limit of insurance is shown in the Schedule of Coverage Limits. The Data Breach Coverage Limit of Insurance is an annual aggregate limit and is the most we will pay for the total of such covered expenses arising out of all "data breach"events discovered by you during the current annual policy period regardless of the number of "data breach" events. 2.Subject to 1.above,the most that we will pay for Legal Expense Coverage is an annual aggregate limit of $5,000.This Limit of Insurance is part of,and not in addition to, the Data Breach Coverage Limit of Insurance. 3.Subject to 1.above,the most that we will pay for Digital Forensic Expense Coverage is an annual aggregate limit of $5,000.This Limit of Insurance is part of,and not in addition to,the Data Breach Coverage Limit of Insurance. 4.A "data breach"may be first discovered by you in one policy period but cause covered expenses in one or more subsequent policy periods.If so,all covered expenses arising from such "data breach"will be subject to the Data Breach Coverage Limit of Insurance applicable to the policy period when the "data breach" was first discovered by you. D.Deductible All coverages listed in the SCHEDULE OF COVERAGE LIMITS are jointly subject to a $1,500 deductible.Data Breach Services are not subject to this deductible.The Deductible will Page 4 of 6 Includes copyrighted material of Insurance Services CL IL 01 18 10 13 Office, Inc., with its permission apply to each "data breach"covered under this endorsement. E.Conditions This coverage is subject to the conditions and provisions of the Common Policy Conditions including as amended by any superseding jurisdictional endorsement,the conditions and provisions of the Commercial Property Conditions,and/or the conditions and provisions of the Equipment Dealers Coverage form,not in conflict with this endorsement. The following conditions also apply: 1.Coverage Territory The "data breach"must involve "private personal data"that was within your care, custody or control within the United States and its territories and commonwealths. 2.Duties in the Event of a Data Breach You must see that the following are done in the event of a "data breach": a.Notify the police if a law may have been broken. b.Give us prompt notice of the "data breach".You must report the "data breach"to us within 60 days or earlier of the date you first discover it. c.As soon as possible,provide us and/or our designated "Direct Service Provider", with responses to questions posed concerning the "data breach" event. d.Take all reasonable steps to protect "private personal data"remaining in your care, custody or control. e.Preserve all evidence of the "data breach". f.Permit us to inspect the property and records proving the "data breach". g.When asked send us a signed,sworn statement containing the information we request to investigate the claim. h.Cooperate with us in the investigation and settlement of the claim. 3.No Benefit to Bailee or Subcontractor No person or organization,other than you, having custody of "private personal data"will benefit from this coverage. 4.Services The following conditions apply as respects to any services provided to you or to any "potentially-identified person"or "identified person"by us,our designees or any firm paid for in whole or in part under this endorsement: a.The effectiveness of such services depends on your cooperation and assistance. b.All services may not be available or applicable to all "potentially-identified persons"or "identified persons".For example,"potentially-identified persons" who are minors or foreign nationals may not have credit records that can be provided or monitored. c.We do not warrant or guarantee that the services provided under this endorsement will end or eliminate all problems associated with a covered "data breach". 5.Service Providers a.We will only provide Data Breach Services reimbursement for Data Breach Expense Coverages through our designated "Direct Service Provider"(s).Any such services that are provided by any other individual or entity will not be covered by this endorsement except as expressly provided for under subparagraph (c ). b.We will only pay Legal Expense Coverage from licensed legal counsel. c.We will suggest service providers.If you prefer to use an alternative service provider,our coverage will be subject to the following limitations: (1)Such alternative service provider must be approved by us; and (2)Our payment for services provided by any alternative service provider will not exceed the amount that we would have paid using the service provider we had suggested.You will have a direct relationship with any service provider,including our designated "Direct Service Provider". d.You will have a direct relationship with the "Direct Service Provider"and any legal counsel used whether paid for in whole or in part under this endorsement. All service providers work for you. 6.Time Limits a.You must report a "data breach"to us on or within 60 days of your discovery of the "data breach". b.You have up to one year from the date of reporting a "data breach"to initiate the services provided to you. c.A "potentially-identified person"has up to one year from the date he or she receives notification of a "data breach"to initiate the "proactive monitoring services" offered to him or her. d.Once initiated,the "proactive monitoring services"will continue to be provided to that person for one year. e.Data Breach Counseling Services will be provided by our designated "Direct Service Provider"for a period of 12 consecutive months from the inception of the Data Breach Services. F.General Conditions CL IL 01 18 10 13 Includes copyrighted material of Insurance Services Page 5 of 6 Office, Inc., with its permission The following conditions are also made part of this endorsement: 1.Due Diligence You agree to exercise due diligence to prevent and mitigate costs covered under this endorsement.This includes,but is not limited to,complying with reasonable and industry-accepted protocols for: a.Providing and maintaining appropriate computer and internet security; b.Providing and maintaining appropriate physical security for your premises, computer systems and hard copy files; c.Maintaining and updating at appropriate intervals backups of computer data; d.Protecting transactions,such as processing credit card,debit card and check payments; and e.Appropriate disposal of files containing "private personal data",including shredding hard copy files and destroying physical media used to store electronic data. 2.No Legal Advice Provided We are not your legal advisor and do not provide legal counsel to you.None of the services we provide under this endorsement constitute legal advice to you by us. 3.Subrogation In the event of any payment hereunder,we shall be subrogated to the extent of any payment to all of your rights of recovery.You agree to execute all papers and do everything necessary to secure such rights, including but not limited to the execution of any documents necessary to enable us to effectively bring suit in your name.You shall do nothing that may prejudice our position or potential or actual rights of recovery.Your obligations regarding subrogation shall survive the expiration,cancellation,or termination of this Policy.With respect to a claim,any amount recovered upon the exercise of any subrogation rights shall be applied as follows in the following order to: a.The repayment of expenses incurred in recovery by exercise of such subrogation rights; b.Damages or claim expenses paid by you in excess of the Limits of Insurance; c.Damages or claim expenses paid by us; and d.Damages or claim expenses paid by you toward the deductible. G.Definitions 1."Data breach"means the loss,theft, accidental release or accidental publication of "private personal data"entrusted to you as respects one or more "potentially-identified persons"if such loss,theft,accidental release or accidental publication has or could reasonably result in the fraudulent use of such information.This definition is subject to the following provisions: a."Data breach"includes disposal or abandonment of "private personal data" without appropriate safeguards such as shredding or destruction,subject to the following provisions: (1)Your failure to use appropriate safeguards must be accidental and not intentional,reckless or deliberate. (2)Such disposal or abandonment must take place during the time period for which this Data Breach Coverage is effective. b."Data breach"includes situations where there is a reasonable cause to suspect that such "private personal data"has been stolen,accidentally released or accidentally published,even if there is no firm proof. c.All incidents of "data breach"that are discovered at the same time or arise from the same cause or from a series of similar causes would be considered one "data breach".All theft of "private personal data"caused by any person or in which that person is involved,whether the result of a single act or series of related acts,is considered a single incident of "data breach". 2."Direct Service Provider" means a vendor who provides data breach support services. 3."Fines,penalties,fees or assessments" means any fines,assessments,surcharges, attorneys'fees,court costs or other penalties which you shall be required to pay as a result of "data breach"or pursuant to any contract, law, regulation or order. 4."Identified person"means a "potentially- identified person"who is,or appears to be a victim of "identify theft"that may reasonably have arisen from a covered "data breach". 5."Identity theft"means the fraudulent use of "private personal data".This includes the fraudulent use of such information to establish credit accounts,secure loans,enter into contracts or commit crimes. 6."Malicious code"means any virus,worm, trojan,bot or any other "malicious code", software,spyware or malware that is,on the date the "data breach"occurred,named and recognized by the CERT Coordination Center,or any industry acceptable third party antivirus,antimalware or other solution that monitors "malicious code" activity. 7."Potentially-identified person"means any person who is your current,former or prospective customer,employee,client, member,owner or officer and whose "private personal data"is lost,stolen,accidentally released or accidentally published by a "data breach"covered under this endorsement. Page 6 of 6 Includes copyrighted material of Insurance Services CL IL 01 18 10 13 Office, Inc., with its permission This definition is subject to the following provisions: a."Potentially-identified person"does not include any business or organization. Only an individual person may be a "potentially-identified person". b.A "potentially-identified person"must have a direct relationship with you.The following are examples of individuals who do not meet this requirement: (1)If you aggregate or sell information about individuals as part of your business,"potentially-identified persons"do not include the individuals about whom you keep such information. (2)If you store,process,transmit or transport records for another person or entity,"potentially-identified persons"do not include the individuals whose "private personal data"you are storing,processing, transmitting or transporting for another entity. The above examples are not meant to be all inclusive but are provided as a way to identify those not meeting the requirements of this definition. c.A "potentially-identified person"may reside anywhere in the world.However, the coverage and services provided under this endorsement are only applicable and available within the United States and Puerto Rico. 8."Private personal data"means personal,non- public information that could be used to uniquely identify an individual and which can be used to commit fraud or other illegal activity involving the credit or identity of a "potentially-identified person".This includes, but is not limited to,a person's first and last name or first initial and last name in combination with that person's social security number,driver's license number,credit card or banking account number. "Private personal data"does not mean or include information that is otherwise available to the public,such as names and addresses with no correlated social security numbers or banking account numbers. 9."Proactive monitoring services"means any variation of the following services,if warranted and you offer to provide them to "potentially-identified persons"who contact our designated "Direct Service Provider": a.A credit report; b.Credit monitoring; c.Credit score; d.Public Records monitoring; e.Fraud Monitoring; or f.Other monitoring that may proactively assist in notification of the misuse of an individual's identity or personal information. "Proactive monitoring services"are warranted when a social security number or a portion of a social security number has been exposed. 10."Zero-day exploit(s)"is software or code that exploits computer application vulnerabilities that are unknown to the CERT Coordination Center,any industry acceptable third party antivirus,antimalware or other solution that monitors "malicious code"activity or the software developer /hardware manufacturer and utilizes that security hole to carry out an attack."Zero-day exploit(s)"by definition are not named and recognized by the CERT Coordination Center,or any industry acceptable third party antivirus,antimalware or other solution that monitors "malicious code" activity. CW 21 38 08 04 INCREASED BUILDING LIMIT ENDORSEMENT_CW 21 38_08/04 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. CW 21 38 08 04 Page 1 of 1 INCREASED BUILDING LIMIT ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL PROPERTY COVERAGE FORMS BUSINESSOWNERS COVERAGE FORM - SECTION I - PROPERTY The Limit of Insurance specified on each Building described in the Declarations and defined in this policy will be increased,on a regular basis,by a percentage factor that is published by a nationally recognized appraisal company. To determine the Limit of Insurance on a particular date,the latest available percentage increase factor will be divided by the percentage increase factor as of the effective date of this endorsement and the resulting figure will be multiplied by the Limit of Insurance on each Building.In no event will the Limit of Insurance be reduced to less than the Limit of Insurance shown on the Declarations. If,during the term of this policy,the Limit of Insurance on Building(s)is changed at your request,then the effective date of this endorsement is amended to coincide with the effective date of such change. At the time of renewal,the Limit of Insurance on each Building will be determined by multiplying the latest 12 month percentage increase factor applicable at the time of renewal by the coverage amount on each building.If,during the term of the policy,the coverage amount was changed at your request,the renewal policy coverage amount will be determined by dividing the most current percentage increase factor by the percentage increase factor in effect at the time of the change,multiplied by the changed coverage amount.In either circumstance,the new coverage amount will be rounded to the nearest $500. CW 33 41 05 13 WISCONSIN GOVERNMENTAL LIABILITY AMENDATORY ENDORSEMENT_CW 33 41_05/13 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. CW 33 41 05 13 Page 1 of 1 WISCONSIN GOVERNMENTAL LIABILITY AMENDATORY ENDORSEMENT This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM BUSINESS AUTO COVERAGE FORM COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM COMMERCIAL EXCESS LIABILITY COVERAGE FORM A.It is both your and our understanding that you wish to fully invoke and take advantage of all immunities you and/or any other insured has or has been granted against liabilities,including,without implied limitation, immunities which would be waived by the purchase of insurance. B.This insurance does not include coverage for any liability or "suit"for damages which is barred by the doctrines of sovereign immunity or governmental immunity, as set forth in Wis. Stat.,Chapter 893.80 et seq. C.This policy is not intended to act as,nor is it a waiver,of any defense or limitation of damages,which is available to an insured by statute or at common law. D.For any "suit"or claim for damages within the scope of Wis.Stat.,Chapter 893.80 et seq,the Limits of Liability shall not exceed the lesser of the applicable statutory limitation of damages or the Limits of Liability as shown on the Declarations page of any policy amended by this endorsement.If more than one policy,insuring agreement or coverage form amended by this endorsement apply to the same or related "wrongful act", "accident","occurrence",or "suit",our maximum limit of liability under all policies,insuring agreements and coverage forms shall not exceed the highest single applicable statutory limitation of damages provided under of Wis. Stat.,Chapter 893.80 et seq. E.Subject to paragraph D.,above,for any suit or claim for damages not within the scope of Wis.Stat.,Chapter 893.80 et seq, the Limits of Liability apply as shown on the Declarations page of this policy. IL 00 03 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IL 00 03 09 08 © ISO Properties, Inc., 2007 Page 1 of 1 CALCULATION OF PREMIUM This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART The following is added: The premium shown in the Declarations was com- puted based on rates in effect at the time the policy was issued. On each renewal, continuation, or anni- versary of the effective date of this policy, we will compute the premium in accordance with our rates and rules then in effect. <!-Bookmark:CALCULATION OF PREMIUM_IL 00 03_09/08:EndBoomark-!> IL 00 17 11 98 IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 oo COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A.Cancellation 1.The first Named Insured shown in the Declara- tions may cancel this policy by mailing or de- livering to us advance written notice of cancel- lation. 2.We may cancel this policy by mailing or deliv- ering to the first Named Insured written notice of cancellation at least: a.10 days before the effective date of cancel- lation if we cancel for nonpayment of pre- mium; or b.30 days before the effective date of cancel- lation if we cancel for any other reason. 3.We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4.Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5.If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be ef- fective even if we have not made or offered a refund. 6.If notice is mailed, proof of mailing will be suf- ficient proof of notice. B.Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declara- tions is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C.Examination Of Your Books And Records We may examine and audit your books and rec- ords as they relate to this policy at any time during the policy period and up to three years afterward. D.Inspections And Surveys 1.We have the right to: a.Make inspections and surveys at any time; b.Give you reports on the conditions we find; and c.Recommend changes. 2.We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a.Are safe or healthful; or b.Comply with laws, regulations, codes or standards. 3.Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 4.Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to certifica- tion, under state or municipal statutes, ordi- nances or regulations, of boilers, pressure ves- sels or elevators. E.Premiums The first Named Insured shown in the Declara- tions: 1.Is responsible for the payment of all premiums; and 2.Will be the payee for any return premiums we pay. F.Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in- sured. If you die, your rights and duties will be trans- ferred to your legal representative but only while acting within the scope of duties as your legal rep- resentative. Until your legal representative is ap- pointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. <!-Bookmark:COMMON POLICY CONDITIONS_IL 00 17_11/98:EndBoomark-!> IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IL 00 21 09 08 © ISO Properties, Inc., 2007 Page 1 of 2 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply: A. Under any Liability Coverage, to "bodily injury" or "property damage": (1) With respect to which an "insured" under the policy is also an insured under a nu- clear energy liability policy issued by Nu- clear Energy Liability Insurance Associa- tion, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Associa- tion of Canada or any of their successors, or would be an insured under any such pol- icy but for its termination upon exhaustion of its limit of liability; or (2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is re- quired to maintain financial protection pur- suant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "in- sured" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organi- zation. B. Under any Medical Payments coverage, to expenses incurred with respect to "bodily in- jury" resulting from the "hazardous properties" of "nuclear material" and arising out of the op- eration of a "nuclear facility" by any person or organization. C. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from "hazard- ous properties" of "nuclear material", if: (1) The "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on be- half of, an "insured" or (b) has been dis- charged or dispersed therefrom; (2) The "nuclear material" is contained in "spent fuel" or "waste" at any time pos- sessed, handled, used, processed, stored, transported or disposed of, by or on behalf of an "insured"; or (3) The "bodily injury" or "property damage" arises out of the furnishing by an "insured" of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nu- clear facility", but if such facility is located within the United States of America, its terri- tories or possessions or Canada, this ex- clusion (3) applies only to "property dam- age" to such "nuclear facility" and any property thereat. 2. As used in this endorsement: "Hazardous properties" includes radioactive, toxic or explosive properties. "Nuclear material" means "source material", "spe- cial nuclear material" or "by-product material". <!-Bookmark:NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT - BROAD FORM_IL 00 21_09/08:EndBoomark-!> Page 2 of 2 © ISO Properties, Inc., 2007 IL 00 21 09 08 "Source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel" means any fuel element or fuel com- ponent, solid or liquid, which has been used or ex- posed to radiation in a "nuclear reactor". "Waste" means any waste material (a) containing "by-product material" other than the tailings or wastes produced by the extraction or concentra- tion of uranium or thorium from any ore processed primarily for its "source material" content, and (b) resulting from the operation by any person or or- ganization of any "nuclear facility" included under the first two paragraphs of the definition of "nu- clear facility". "Nuclear facility" means: (a) Any "nuclear reactor"; (b) Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel", or (3) handling, processing or packag- ing "waste"; (c) Any equipment or device used for the proc- essing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the "insured" at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto- nium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (d) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self- supporting chain reaction or to contain a critical mass of fissionable material. "Property damage" includes all forms of radioac- tive contamination of property. IL 02 83 09 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IL 02 83 09 07 © ISO Properties, Inc., 2006 Page 1 of 3 WISCONSIN CHANGES – CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following: 2. We may cancel this policy by mailing or deliv- ering to the first Named Insured written notice of cancellation at least 10 days before the ef- fective date of cancellation. If this policy has been in effect for less than 60 days and is not a renewal policy, we may can- cel for any reason. If this policy has been in effect for 60 days or more or is a renewal of a policy we issued, ex- cept as provided in Paragraph 7. below, we may cancel this policy only for one or more of the following reasons: a. The policy was obtained by material mis- representation; b. There has been a substantial change in the risk we originally assumed, except to the extent that we should have foreseen the change or considered the risk in writing the policy; c. There have been substantial breaches of contractual duties, conditions or warranties; or d. Nonpayment of premium. If this policy has been in effect for 60 days or more or is a renewal of a policy we issued, the notice of cancellation will state the reason for cancellation. B. The following is added to the Cancellation Com- mon Policy Condition: 7. Anniversary Cancellation If this policy is written for a term of more than one year or has no fixed expiration date, we may cancel this policy for any reason by mail- ing or delivering to the first Named Insured written notice of cancellation at least 60 days before the anniversary date of the policy. Such cancellation will be effective on the policy's an- niversary date. We may cancel this policy because of the ter- mination of an insurance marketing intermedi- ary's contract with us only if the notice of can- cellation contains an offer to continue the policy with us if we receive a written request from the first Named Insured prior to the date of cancellation. <!-Bookmark:WISCONSIN CHANGES - CANCELLATION AND NONRENEWAL_IL 02 83_09/07:EndBoomark-!> Page 2 of 3 © ISO Properties, Inc., 2006 IL 02 83 09 07 C. The following applies to the: Capital Assets Program (Output Policy) Coverage Part Commercial Inland Marine Coverage Part Commercial Property Coverage Part Crime And Fidelity Coverage Part Equipment Breakdown Coverage Part Farm Coverage Part 1. We may rescind this policy because of the following: a. Misrepresentation made by you or on your behalf in the negotiation for or procurement of this Coverage Part, if the person knew or should have known that the representation was false; b. Breach of affirmative warranty made by you or on your behalf in the negotiation for or procurement of this Coverage Part; c. Failure of a condition before a loss if such failure exists at the time of loss; or d. Breach of a promissory warranty if such breach exists at the time of loss. 2. We may not rescind this policy: a. For the reasons in Paragraphs C.1.a. and C.1.b. unless: (1) We rely on the misrepresentation or affirmative warranty and the misrepre- sentation or affirmative warranty is ei- ther material or made with intent to de- ceive; or (2) The facts misrepresented or falsely warranted contribute to the loss. b. For the reasons in Paragraphs C.1.c. and C.1.d. unless such failure or breach: (1) Increases the risk at the time of loss; or (2) Contributes to the loss. 3. If we elect to rescind this policy, we will notify the first Named Insured of our intention within 60 days after acquiring knowledge of sufficient facts to constitute grounds for rescission. D. The following are added and supersede any other provisions to the contrary: 1. Nonrenewal a. If we elect not to renew this policy we will mail or deliver written notice of nonrenewal to the first Named Insured's last mailing ad- dress known to us. We may elect not to re- new for any reason; the notice will state the reason for nonrenewal. We will mail or de- liver the notice at least 60 days before the expiration date of this policy. We need not mail or deliver the notice if: (1) You have insured elsewhere; (2) You have accepted replacement cover- age; (3) You have requested or agreed to non- renewal of this policy; or (4) This policy is expressly designated as nonrenewable. b. We may refuse to renew this policy be- cause of the termination of an insurance marketing intermediary's contract with us only if the notice of nonrenewal contains an offer to renew the policy with us if we re- ceive a written request from the first Named Insured prior to the renewal date. c. If you fail to pay the renewal or continuation premium by the premium due date, this pol- icy will terminate on the policy expiration or anniversary date, if we have: (1) Given you written notice of the renewal or continuation premium not more than 75 days nor less than 10 days prior to the due date of the premium; and (2) Stated clearly in the notice the effect of nonpayment of premium by the due date. 2. Anniversary Alteration If this policy is written for a term of more than one year or has no fixed expiration date, we may alter the terms or premiums of this policy by mailing or delivering written notice of less favorable terms or premiums to the first Named Insured's last mailing address known to us. We will mail, by first class mail, or deliver this no- tice at least 60 days prior to the anniversary date. If we notify the first Named Insured within 60 days prior to the anniversary date, the new terms or premiums will not take effect until 60 days after the notice was mailed or delivered. The notice will include a statement of the first Named Insured's right to cancel. The first Named Insured may elect to cancel the policy at any time during the 60-day period, in accor- dance with Paragraph 1. of the Cancellation Common Policy Condition. If the first Named Insured elects to cancel the policy during the 60-day period, return premiums or additional premium charges will be calculated proportion- ately on the basis of the old premiums. IL 02 83 09 07 © ISO Properties, Inc., 2006 Page 3 of 3 3. Renewal With Altered Terms If we elect to renew this policy but on less fa- vorable terms or at higher premiums, we will mail or deliver written notice of the new terms or premiums to the first Named Insured's last mailing address known to us. We will mail, by first class mail, or deliver this notice at least 60 days prior to the renewal date. If we notify the first Named Insured within 60 days prior to the renewal date, the new terms or premiums will not take effect until 60 days after the notice was mailed or delivered. The notice will include a statement of the first Named Insured's right to cancel. The first Named Insured may elect to cancel the re- newal policy at any time during the 60-day pe- riod, in accordance with Paragraph 1. of the Cancellation Common Policy Condition. If the first Named Insured elects to cancel the re- newal policy during the 60-day period, return premiums or additional premium charges will be calculated proportionately on the basis of the old premiums. We need not mail or deliver this notice if the only change adverse to you is a premium in- crease that: a. Is less than 25% and is generally applicable to the class of business to which this policy belongs; or b. Results from a change based on your ac- tion that alters the nature or extent of the risk insured against, including but not lim- ited to a change in the classification or the units of exposure, or increased policy cov- erage. E. Special Provision – Cancellation And Nonrenewal With respect to insurance provided under the Commercial Automobile Coverage Part, we will not cancel or refuse to renew Liability Coverage wholly or partially because of age, sex, residence, race, color, creed, religion, national origin, ances- try, marital status or occupation of anyone who is an insured. IL 09 52 03 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IL 09 52 03 08 © Insurance Services Office, Inc., 2008 Page 1 of 1 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: BOILER AND MACHINERY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART STANDARD PROPERTY POLICY A. Cap On Certified Terrorism Losses "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in con- currence with the Secretary of State and the Attor- ney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terror- ism Risk Insurance Act for a "certified act of terror- ism" include the following: 1. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and 2. The act is a violent act or an act that is dan- gerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian popu- lation of the United States or to influence the policy or affect the conduct of the United States Government by coercion. If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a Program Year (Janu- ary 1 through December 31) and we have met our insurer deductible under the Terrorism Risk Insur- ance Act, we shall not be liable for the payment of any portion of the amount of such losses that ex- ceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata al- location in accordance with procedures estab- lished by the Secretary of the Treasury. B. Application Of Exclusions The terms and limitations of any terrorism exclu- sion, or the inapplicability or omission of a terror- ism exclusion, do not serve to create coverage for any loss which would otherwise be excluded under this Coverage Part or Policy, such as losses ex- cluded by the Nuclear Hazard Exclusion or the War And Military Action Exclusion. <!-Bookmark:CAP ON LOSSES FROM CERT ACTS OF TERRORISM_IL 09 52_03/08:EndBoomark-!> IL 09 95 01 07 CONDL EXCL OF TRSM RELATING TO DISP OF FEDERAL TRSM RISK INS ACT_IL 09 95_01/07 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. IL 09 95 01 07 © ISO Properties, Inc., 2005 Page 1 of 3 CONDITIONAL EXCLUSION OF TERRORISM (RELATING TO DISPOSITION OF FEDERAL TERRORISM RISK INSURANCE ACT) This endorsement modifies insurance provided under the following: BOILER AND MACHINERY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART EQUIPMENT BREAKDOWN PROTECTION COVERAGE FORM FARM COVERAGE PART STANDARD PROPERTY POLICY SCHEDULE The Exception Covering Certain Fire Losses (Paragraph D.) applies to property located in the following state(s), if covered under the indicated Coverage Form, Coverage Part or Policy: State(s)Coverage Form, Coverage Part Or Policy Connecticut, Georgia, Maine,BOILER AND MACHINERY COVERAGE PART (As Applicable) Massachusetts, New York COMMERCIAL INLAND MARINE COVERAGE PART (As Applicable) North Carolina, New Jersey,COMMERCIAL PROPERTY COVERAGE PART (As Applicable) Rhode Island, West Virginia; or EQUIPMENT BREAKDOWN PROTECTION COVERAGE FORM (As Applicable) Virginia (Unless Terrorism Coverage has been Rejected)FARM COVERAGE PART (As Applicable) Illinois, Iowa, Missouri, Wisconsin STANDARD PROPERTY POLICY (As Applicable) Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Applicability Of The Provisions Of This Endorsement 1.The provisions of this endorsement become applicable commencing on the date when any one or more of the following first occurs.But if your policy (meaning the policy period in which this endorsement applies)begins after such date,then the provisions of this endorsement become applicable on the date your policy begins. a.The federal Terrorism Risk Insurance Program ("Program"),established by the Terrorism Risk Insurance Act,has terminated with respect to the type of insurance provided under this Coverage Form, Coverage Part or Policy; or Page 2 of 3 © ISO Properties, Inc., 2005 IL 09 95 01 07 b.A renewal,extension or replacement of the Program has become effective without a requirement to make terrorism coverage available to you and with revisions that: (1)Increase our statutory percentage deductible under the Program for terrorism losses.(That deductible determines the amount of all certified terrorism losses we must pay in a calendar year,before the federal government shares in subsequent payment of certified terrorism losses.); or (2)Decrease the federal government's statutory percentage share in potential terrorism losses above such deductible; or (3)Redefine terrorism or make insurance coverage for terrorism subject to provisions or requirements that differ from those that apply to other types of events or occurrences under this policy. 2.If the provisions of this endorsement become applicable, such provisions: a.Supersede any terrorism endorsement already endorsed to this policy that addresses "certified acts of terrorism" and/or "other acts of terrorism",but only with respect to loss or damage from an incident(s)of terrorism (however defined) that occurs on or after the date when the provisions of this endorsement become applicable; and b.Remain applicable unless we notify you of changes in these provisions,in response to federal law. 3.If the provisions of this endorsement do NOT become applicable,any terrorism endorsement already endorsed to this policy,that addresses "certified acts of terrorism"and/or "other acts of terrorism", will continue in effect unless we notify you of changes to that endorsement in response to federal law. B.The following definition is added and applies under this endorsement wherever the term terrorism is enclosed in quotation marks. "Terrorism"means activities against persons, organizations or property of any nature: 1.That involve the following or preparation for the following: a.Use or threat of force or violence; or b.Commission or threat of a dangerous act; or c.Commission or threat of an act that interferes with or disrupts an electronic, communication,information,or mechanical system; and 2.When one or both of the following applies: a.The effect is to intimidate or coerce a government or the civilian population or any segment thereof,or to disrupt any segment of the economy; or b.It appears that the intent is to intimidate or coerce a government,or to further political, ideological,religious,social or economic objectives or to express (or express opposition to) a philosophy or ideology. C.The following exclusion is added: EXCLUSION OF TERRORISM We will not pay for loss or damage caused directly or indirectly by "terrorism",including action in hindering or defending against an actual or expected incident of "terrorism".Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss.But this exclusion applies only when one or more of the following are attributed to an incident of "terrorism": 1.The "terrorism"is carried out by means of the dispersal or application of radioactive material, or through the use of a nuclear weapon or device that involves or produces a nuclear reaction,nuclear radiation or radioactive contamination; or 2.Radioactive material is released,and it appears that one purpose of the "terrorism"was to release such material; or 3.The "terrorism"is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials; or 4.Pathogenic or poisonous biological or chemical materials are released,and it appears that one purpose of the "terrorism"was to release such materials; or IL 09 95 01 07 © ISO Properties, Inc., 2005 Page 3 of 3 5.The total of insured damage to all types of property in the United States,its territories and possessions,Puerto Rico and Canada exceeds $25,000,000.In determining whether the $25,000,000 threshold is exceeded,we will include all insured damage sustained by property of all persons and entities affected by the "terrorism"and business interruption losses sustained by owners or occupants of the damaged property.For the purpose of this provision,insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions.Multiple incidents of "terrorism"which occur within a 72- hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident, for the purpose of determining whether the threshold is exceeded. With respect to this Item C.5.,the immediately preceding paragraph describes the threshold used to measure the magnitude of an incident of "terrorism"and the circumstances in which the threshold will apply,for the purpose of determining whether this Exclusion will apply to that incident.When the Exclusion applies to an incident of "terrorism",there is no coverage under this Coverage Form,Coverage Part or Policy. D.Exception Covering Certain Fire Losses The following exception to the Exclusion Of Terrorism applies only if indicated and as indicated in the Schedule of this endorsement. If "terrorism"results in fire,we will pay for the loss or damage caused by that fire,subject to all applicable policy provisions including the Limit of Insurance on the affected property.Such coverage for fire applies only to direct loss or damage by fire to Covered Property.Therefore,for example,the coverage does not apply to insurance provided under Business Income and/or Extra Expense coverage forms or endorsements that apply to those coverage forms,or to the Legal Liability Coverage Form or the Leasehold Interest Coverage Form. E.Application Of Other Exclusions 1.When the Exclusion Of Terrorism applies in accordance with the terms of C.1.or C.2.,such exclusion applies without regard to the Nuclear Hazard Exclusion in this Coverage Form, Coverage Part or Policy. 2.The terms and limitations of any terrorism exclusion,or the inapplicability or omission of a terrorism exclusion,do not serve to create coverage for any loss or damage which would otherwise be excluded under this Coverage Form,Coverage Part or Policy,such as losses excluded by the Nuclear Hazard Exclusion or the War And Military Action Exclusion. POLICY NUMBER FDK 2431286-32 IL 09 99 01 07 DISCLOSURE OF PREMIUM/ESTIMATED PREMIUM FOR CERTIFIED ACTS OR TRRSM_IL 09 99_01/07 THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. IL 09 99 01 07 © ISO Properties, Inc., 2005 Page 1 of 2 DISCLOSURE OF PREMIUM AND ESTIMATED PREMIUM FOR CERTIFIED ACTS OF TERRORISM COVERAGE (PURSUANT TO TERRORISM RISK INSURANCE ACT) SCHEDULE SCHEDULE - PART I Terrorism Premium (Certified Acts) (A) Premium through end of year (12/31/2014)$0 (B) Estimated Premium beyond the date specified above (Refer to Paragraph C. in this endorsement.) $190 This premium is the total Certified Acts premium attributable to the following Coverage Part(s), Coverage Form(s) and/or Policy(s): All Coverage Forms other than Commercial Auto, Crime, Farm Multi-Peril or Employment-Practice Liability Coverages. Additional information, if any, concerning the terrorism premium: The premiums stated above are only estimates and are subject to change because of rounding to the nearest dollar,premium audit or changes made to the policy during its term. When coverage for "certified terrorism loss" has been rejected under a policy subject to Standard Fire Policy statutes,the premium shown for "certified terrorism loss" applies only to direct loss or damage by fire to covered property. SCHEDULE - PART II Federal share of terrorism losses 85 % Year: 2014 (Refer to Paragraph B. in this endorsement.) Federal share of terrorism losses TBD % Year: 2015 (Refer to Paragraph B. in this endorsement.) Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Page 2 of 2 © ISO Properties, Inc., 2005 IL 09 99 01 07 A.Disclosure Of Premium In accordance with the federal Terrorism Risk Insurance Act,we are required to provide you with a notice disclosing the portion of your premium,if any,attributable to coverage for terrorist acts certified under that Act.The portion of your premium attributable to such coverage is shown in the Schedule of this endorsement or in the policy Declarations. B.Disclosure Of Federal Participation In Payment Of Terrorism Losses The United States Government,Department of the Treasury,will pay a share of terrorism losses insured under the federal program.For losses occurring in 2006,the federal share equals 90%of that portion of the amount of such insured losses that exceeds the applicable insurer retention.For losses occurring in 2007,the federal share equals 85%of that portion of the amount of such insured losses that exceeds the applicable insurer retention.If the federal program is extended beyond 2007,the applicable percentage is shown in Part II of the Schedule of this endorsement or in the policy Declarations. C.Possibility Of Additional Or Return Premium The premium for certified acts of terrorism coverage is calculated based in part on the federal participation in payment of terrorism losses as set forth in the Terrorism Risk Insurance Act.The federal program established by the Act is scheduled to terminate at the end of the year specified in Part I of the Schedule of this endorsement,unless extended by the federal government.If the federal program terminates or if the level or terms of federal participation change, the estimated premium shown in (B)in Part I of the Schedule may not be appropriate. If this policy contains a Conditional Exclusion, continuation of coverage for certified acts of terrorism,or termination of such coverage,will be determined upon disposition of the federal program,subject to the terms and conditions of the Conditional Exclusion.If this policy does not contain a Conditional Exclusion,coverage for certified acts of terrorism will continue.In either case,when disposition of the federal program is determined,we will recalculate the premium shown in (B)in Part I of the Schedule and will charge additional premium or refund excess premium,if indicated. If we notify you of an additional premium charge, the additional premium will be due as specified in such notice. UW 00 31 12 04 COINSURANCE PENALTY STUFFER_UW 00 31_12/04 UW 00 31 12 04 Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 1 IMPORTANT INFORMATION - PLEASE READ Carrying adequate limits of property insurance is critical to avoid incurring a penalty for being underinsured (termed "coinsurance penalty" in your policy) in the event of a loss. Your policy may contain a provision requiring that you carry coverage equal to 80%, 90% or 100% of the value of your property at the time of a loss. Failure to maintain adequate limits will result in your claim settlement being reduced by the percentage that you are "underinsured". Please read your policy for more details on coinsurance penalties with examples of how it can reduce a claim payment. You can avoid risk of a penalty by making sure that your property is "insured to value". Your agent has valuation tools available to assist in determining what amount of insurance you should carry. COMMERCIAL PROPERTY COMMERCIAL PROPERTY DECLARATIONS_B CP DS 01_10/00 B CP DS 01 10 00 B CP DS 01 10 00 Includes copyrighted material of Insurance Services Offices, Inc., with its permission Page 1 of 2 Issuing Company:Continental Western Insurance Company,11201 Douglas Ave, Des Moines, IA 50306-1594 Claim Handling Office:P.O. Box 1594, Des Moines, IA 50306-1594: 800-235-2942 After Hours Claim Reporting: 866-232-6724 Underwriting Servicing Office:11201 Douglas Avenue, Urbandale, IA 50322; 800-235-2942 COMMERCIAL PROPERTY DECLARATIONS COINSURANCE CONTRACT Policy No.:FDK 2431286 -32 Previous Policy No.:2431286-31 NAMED INSURED AND ADDRESS AGENCY NAME AND ADDRESS 01103 Tess Corners Volunteer Fire Department W144 S6731 Tess Corners Dr Muskego,WI 53150 (800) 252-1423 RIDGEVIEW INS AGCY - FP PO BOX 40 PRAIRIE DU SAC,WI 53578 POLICY PERIOD Policy Period:From 04/01/2015 to 04/01/2016 at 12:01 A.M. Standard Time at your mailing address shown above. TOTAL ADVANCE PREMIUM $7,825 DESCRIPTION OF PREMISES AND COVERAGES PROVIDED Description Of Property Limit Cause Of Loss Coinsurance Valuation Inflation Guard Description Of Property Limit Cause Of Loss Coinsurance Valuation Inflation Guard LOCATION: #1 W144 S6731 Tess Corners Dr Muskego,WI 53150 Deductible: W/H-Ded: $500 1% BUILDING #1 1 Story Joisted Masonry Building Occupied As Volunteer fire department #1 Building 2,461,000 SPECIAL No Coinsurance GRC Earthquake Deductible of 10%Applies Business Personal Property 117,000 SPECIAL 90%RC Earthquake Deductible of 10%Applies LOCATION: #2 S100 W13444 Loomis Dr Muskego,WI 53150 Deductible: W/H-Ded: $500 1% BUILDING #1 1 Story Joisted Masonry Building Occupied As Volunteer fire department #2 Building 2,019,500 SPECIAL No Coinsurance GRC Earthquake Deductible of 10%Applies Flood Coverage Applies (Refer to CP DS 65) Business Personal Property 117,000 SPECIAL 90%RC Earthquake Deductible of 10%Applies Flood Coverage Applies Policy No.:FDK 2431286 -32 Page 2 of 2 Includes copyrighted material of Insurance Services Offices, Inc., with its permission B CP DS 01 10 00 (Refer to CP DS 65) LOCATION: #3 S 76 W17858 Janesville Rd Muskego,WI 53150 Deductible: W/H-Ded: $500 1% BUILDING #1 1 Story Joisted Masonry Building Occupied As Fire Department Building 2,361,000 SPECIAL No Coinsurance GRC Earthquake Deductible of 10%Applies Flood Coverage Applies (Refer to CP DS 65) Business Personal Property 117,000 SPECIAL 90%RC Earthquake Deductible of 10%Applies Flood Coverage Applies (Refer to CP DS 65) LOCATION: #4 W195 S10030 Racine Dr Muskego,WI 53150 Deductible: W/H-Ded: $500 1% BUILDING #1 1 Story Joisted Masonry Building Occupied As Fire Department Building 1,585,000 SPECIAL No Coinsurance GRC Earthquake Deductible of 10%Applies Flood Coverage Applies (Refer to CP DS 65) Business Personal Property 117,000 SPECIAL 90%RC Earthquake Deductible of 10%Applies Flood Coverage Applies (Refer to CP DS 65) KEY:ACV = Actual Cash Value AV = Agreed Value FBV = Functional Building Valuation GRC = Guaranteed Replacement Cost RC = Replacement Cost MR = Monthly Reporting COVERAGES APPLICABLE TO ALL LOCATIONS Data Breach Coverage Limit:$50,000 MORTGAGE HOLDER(S) FORMS APPLICABLE See attached "Schedule of Forms and Endorsements" COMMERCIAL PROPERTY CL CP FS 01 09 08 SCHEDULE OF FORMS AND ENDORSEMENTS_CL CP FS 01_09/08 CL CP FS 01 09 08 Page 1 of 1 Policy Number:FDK 2431286 -32 SCHEDULE OF FORMS AND ENDORSEMENTS The following Declarations, Coverage Forms, Conditions, and Endorsements are applicable to: Commercial Property State*Number Edition Description ALL B CP DS 01 10-2000 Commercial Property Declarations ALL CL CP FS 01 09-2008 Schedule of Forms and Endorsements ALL CW 26 70 DS 05-2013 Fire/EMS-Pak Property Enhancement Endorsement Schedule ALL CL CP 00 04 07-2008 Equipment Breakdown Coverage Endorsement ALL CP 00 10 10-2012 Building and Personal Property Coverage Form ALL CP 00 90 07-1988 Commercial Property Conditions ALL CP 01 13 10-2012 Wisconsin Changes ALL CP 03 21 10-2012 Windstorm Or Hail Percentage Deductible ALL CP 10 30 10-2012 Causes Of Loss - Special Form ALL CP 10 36 10-2012 Limitations on Coverage For Roof Surfacing ALL CP 10 40 10-2012 Earthquake And Volcanic Eruption Endorsement ALL CP 10 65 10-2012 Flood Coverage Endorsement ALL CP 12 18 10-2012 Loss Payable Provisions ALL CP DS 65 10-2012 Commercial Flood Coverage Schedule ALL CW 23 99 04-2010 Fire/EMS-PAK Guaranteed Building Replacement Cost Coverage ALL CW 26 70 05-2013 Fire/EMS-PAK Property Enhancement Endorsement *When the word "ALL" appears in the state column, the form applies to all states on the policy. COMMERCIAL PROPERTY CW 26 70 DS 05 13 FIRE EMS PAK PROPERTY ENHANCMENT ENDORSEMENT SCHEDULE _CW 26 70 DS_05/13 CW 26 70 DS 05 13 Page 1 of 2 FIRE/EMS PAK PROPERTY ENHANCEMENT ENDORSEMENT SCHEDULE This Schedule provides supplementary information to be used with the following: FIRE/EMS PAK PROPERTY ENHANCEMENT ENDORSEMENT The following Schedule is a summary of the Limits of Insurance for the various Causes of Loss provided by the Fire/EMS Pak Property Enhancement Endorsement.This Schedule is subject to the provisions,conditions,and exclusions of the policy to which it is attached. POLICY LEVEL COVERAGES The following Policy Level Limits of Insurance apply once to the entire policy.These Limits of Insurance do not apply separately to each location or building. Limits Of Insurance Accounts Receivable $100,000 Per Occurrence Arson, Theft or Vandalism Reward $10,000 Per Occurrence Business Income and Extra Expense Actual Loss Sustained 12 Months Computers, Software and Telephone Systems $250,000 Per Occurrence Employee Dishonesty $40,000 Per Occurrence Errors and Omissions $50,000 Per Occurrence Expediting Expenses $25,000 Per Occurrence Fine Arts at Market Value $50,000 Per Occurrence Fire Department Service Charge $10,000 Per Occurrence Fire Protection Equipment Refill Included Forgery or Alteration $10,000 Per Occurrence Fungus, Wet Rot, Dry Rot and Bacteria $25,000 Per Occurrence Loss Data Preparation Costs $50,000 Per Occurrence Lost Key Consequential Loss $5,000 Per Occurrence Money and Securities $25,000 Per Occurrence Outdoor Property $100,000 Per Occurrence Property Off-Premises (Including Transit)$50,000 Per Occurrence Utility Services Included Page 2 of 2 CW 26 70 DS 05 13 LOCATION LEVEL COVERAGES The following Location Level Limits of Insurance apply once to each location address shown on the Declarations.These Limits of Insurance do not apply separately to each building.The term All indicates the same limit applies to each location address. Loc #Limits Of Insurance All Foundations,structures below ground,bulkheads, pilings,piers,wharves,docks,retaining walls, underground pipes, flues,and drains Lesser of 15% of property value or $300,000 All Personal Effects and Property of Others $25,000 Per Premises All Pollutant Clean Up and Removal $50,000 Per Premises All Valuable Papers and Records (Other Than Electronic Data) $100,000 Per Premises BUILDING LEVEL COVERAGES The following Building Level Limits of Insurance apply separately to each building at the location address shown in the Declarations.The term All indicates the same limit applies to each building. Loc #Bldg #Limits Of Insurance All All Backup of Sewers, Drains or Sumps Building Limit of Insurance All All Building Ordinance or Law -Undamaged Portion of Building,Demolition Cost and Increased Cost of Construction 100% of Original Property Damage Loss All All Debris Removal $100,000 Per Building All All Newly Acquired or Constructed Property Buildings and Your Business Personal Property $2,000,000 Per Building CL CP 00 04 07 08 EQUIPMENT BREAKDOWN COVERAGE ENDORSEMENT_CL CP 00 04_07/08 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY CL CP 00 04 07 08 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 4 EQUIPMENT BREAKDOWN COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUILDING AND PERSONAL PROPERTY COVERAGE FORM CONDOMINIUM ASSOCIATION COVERAGE FORM CONDOMINIUM COMMERCIAL UNIT-OWNERS COVERAGE FORM CAUSES OF LOSS - BASIC FORM CAUSES OF LOSS - BROAD FORM CAUSES OF LOSS - SPECIAL FORM Subject to all terms and conditions provided by the Commercial Property Coverage Part,the following additional coverage is added: A.We will pay for direct physical loss of or damage to Covered Property at the premises described in the Declarations caused by or resulting from "Equipment Breakdown". 1."Equipment Breakdown"means the following: a.Physical loss or damage,both originating within: (1)Boilers,fired or unfired pressure vessels,vacuum vessels,and pressure piping,all normally subject to vacuum or internal pressure other than static pressure of contents, excluding: (a)Waste disposal piping; (b)Any piping forming part of a fire protective system; (c)Furnaces; and (d)Any water piping other than: (i)Boiler feed water piping between the feed pump and the boiler; (ii)Boiler condensate return piping; or (iii)Water piping forming part of a refrigerating or air conditioning system used for cooling,humidifying or space heating purposes. (2)All mechanical,electrical,electronic or fiber optic equipment. b.Caused by,resulting from,or consisting of: (1)Mechanical breakdown; (2)Electrical or electronic breakdown; (3)Rupture,bursting,bulging,implosion, or steam explosion; or (4)Artificially generated electrical current,including electrical arcing, that disturbs electrical devices, appliances, or wires. If covered electrical equipment requires drying out as a result of a flood we will pay for the direct expenses of such drying out. 2.However,"Equipment Breakdown"does not mean: a.Physical loss or damage caused by or resulting from any of the following: (1)Wear and tear; (2)Rust or other corrosion,decay, deterioration,hidden or latent defect, mold or any other quality in property that causes it to damage or destroy itself; (3)Smog; (4)Settling,cracking,shrinking or expansion; (5)Nesting or infestation,or discharge or release of waste products or secretions,by birds,rodents or other animals; (6)Any accident,loss,damage,cost, claim,or expense,whether preventative,remedial,or otherwise, directly or indirectly arising out of or relating to the recognition, interpretation,calculation, comparison,differentiation, sequencing,or processing of data by any computer system including any hardware, programs or software; (7)Scratching and marring. However if loss or damage not otherwise excluded results,then we will pay for such resulting damage. b.Any loss,damage,cost or expense directly caused by,contributed to by, resulting from or arising out of the following Causes of Loss: Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission CL CP 00 04 07 08 Fire,lightning,combustion explosion, windstorm or hail,weight of snow, ice or sleet,falling objects,smoke, aircraft or vehicles,riot or civil commotion,vandalism,sinkhole collapse,volcanic action,leakage from fire extinguishing equipment, water damage,earth movement and flood. B.With respect to the Building And Personal Property Coverage Form,Condominium Association Coverage Form and Condominium Commercial Unit-Owners Coverage Form, the following apply: 1.With respect to the coverage provided by this endorsement,the following is added to Paragraph A.4.d.Pollutant Clean Up and Removal: We will pay for the Pollutant Clean Up and Removal for loss resulting from an "Equipment Breakdown".The most we will pay for the Pollutant Clean Up and Removal is $250,000,unless a higher limit is provided by an endorsement to the property form to which this endorsement is attached.In that case, whichever limit is greater will apply. 2.With respect to the coverage provided by this endorsement,the following extensions are added to Paragraph A.5.Coverage Extensions: g.Expediting Expense We will pay for the expediting expense loss resulting from an "Equipment Breakdown"with respect to your damaged Covered Property. We will pay the "reasonable extra cost" to: (1)Make temporary repairs; (2)Expedite permanent repairs; and (3)Expedite permanent replacement. "Reasonable extra cost"shall mean the extra cost of temporary repair and of expediting the repair of such damaged equipment of the insured,including overtime and the extra cost of express or other rapid means of transportation.This will be a part of and not an addition to the limit per loss. h.Refrigerant Contamination We will pay the loss from contamination by refrigerant used in refrigerating, cooling or humidity control equipment at the described premises as a result of "Equipment Breakdown". The most we will pay for loss or damage under this coverage is $250,000 unless a higher limit is provided by an endorsement to the property form for which this endorsement is attached.In that case, whichever limit is greater will apply. i.Spoilage Coverage We will pay for loss of perishable goods due to spoilage resulting from lack of power,light,heat,steam or refrigeration caused by "Equipment Breakdown"to types of property covered by this policy, that are: (1)Located on or within 1,000 feet of your described premises, and (2)Owned by the building owner at your described premises,or owned by a public utility. However,we will not pay for any loss, damage,cost or expense directly caused by,contributed to by,resulting from or arising out of the following causes of loss: Fire,lightning,combustion explosion, windstorm or hail,weight of snow, ice or sleet,falling objects,smoke, aircraft or vehicles,riot or civil commotion,vandalism,sinkhole collapse,volcanic action,leakage from fire extinguishing equipment, water damage,earth movement and flood. The most we will pay for loss or damage under this coverage is $250,000 unless a higher limit is provided by an endorsement to the property form to which this endorsement is attached.In that case,whichever limit is greater will apply. j.CFC Refrigerants We will pay for the additional cost to repair or replace Covered Property because of the use or presence of a refrigerant containing CFC (chlorofluorocarbon) substances. Additional costs mean those in excess of what would have been required to repair or replace covered property,had no CFC refrigerant been involved.We also pay for additional loss as described under the Spoilage or Loss of Income Coverages provided by this endorsement,caused by the presence of a refrigerant containing CFC substances. We pay no more than the least of the following: (1)The cost to repair the damaged property and replace any lost CFC refrigerant; (2)The cost to repair the damaged property,retrofit the system to accept a non-CFC refrigerant,and charge CL CP 00 04 07 08 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 3 of 4 the system with a non-CFC refrigerant; or (3)The cost to replace the system with one using a non-CFC refrigerant. k.Computer Equipment We will pay for loss or damage to your "computer equipment"caused by an "Equipment Breakdown". "Computer equipment"means Covered Property that is electronic computer or other data processing equipment, including peripherals used in conjunction with such equipment,and electronic media and records. l.Media or Data (1)We will pay for loss or damage to your "Media"or "Data"caused by an "Equipment Breakdown".We will pay for your cost to research, replace,restore all forms of electronic and magnetic tapes and disks and "data"and the costs to reprogram instructions for use in any covered electronic computer or electronic data processing equipment. We will not pay to reproduce: (a)Software programs or operating systems that are not commercially available; or (b)"Data"that is obsolete, unnecessary or useless to you. The most we will pay for loss or damage under this coverage for "Media"and "Data"is $25,000, unless a higher limit is provided by an endorsement to the property form for which this endorsement is attached.In that case,whichever limit is greater will apply. (2)If "Media"is damaged or "Data"is lost or corrupted,we will pay your actual loss of Business Income and/or Extra Expense during the time necessary to: (a)Research,replace or restore the damaged "Media"or lost or corrupted "Data"; and (b)Reprogram instructions used in any covered "Computer Equipment". There shall be no coverage for any "Media"or "Data"that we determine is not,or can not,be replaced or restored. Unless a higher limit is shown in the Declarations,we will pay the lesser of your actual loss of Business Income and/or Extra Expense up to 30 days after the "Period of Restoration" or $25,000. (3)(a)"Media"means material on which "Data"is recorded,such as magnetic tapes,hard disks, optical disks or floppy disks. (b)"Data"means information or instructions used by computers or computerized equipment. 3.With respect to the coverage provided by this endorsement,the following is added to Paragraph F.Additional Condition(s): 3.Suspension Whenever Covered Property is found to be in,or exposed to,a dangerous condition,any of our representatives may immediately suspend the insurance against loss to that Covered Property for the perils covered by this endorsement. Coverage can be suspended and possibly reinstated by delivering or mailing a written notice of suspension / coverage reinstatement to: a.Your last known address; or b.The address where the property is located. If we suspend your insurance,you will get a pro rata refund of premium.But the suspension will be effective even if we have not yet made or offered a refund. 4.Jurisdictional Inspections If any Covered Property under this endorsement requires inspection to comply with state or municipal boiler and pressure vessel regulations,we agree to perform such inspection on your behalf. We do not warrant that conditions are safe or healthful. 5.Environmental,Safety and Efficiency Improvements If Covered Property requires replacement due to an "Equipment Breakdown",we will pay your additional cost to replace with equipment that is better for the environment,safer,or more efficient than the equipment being replaced. However,we will not pay more than 125%of what the cost would have been to repair or replace with like kind and quality.This condition does not apply to any property to which Actual Cash Value applies. C.With respect to the coverage provided by this endorsement,the Causes Of Loss -Basic Form,Causes Of Loss -Broad Form and Causes Of Loss -Special Form are amended as follows: 1.Paragraph B.Exclusions,exclusions pertaining to the following are deleted: Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission CL CP 00 04 07 08 a.Artificially generated electrical current, including electrical arcing,that disturbs electrical devices, appliances or wires. b.Mechanical breakdown,including rupture or bursting caused by centrifugal force. c.Explosion of steam boilers,steam pipes, steam engines or steam turbines owned or leased by you,or operated under your control. 2.Exclusion B.1.e.Utility Services is deleted and replaced with the following: UTILITY SERVICES Loss resulting from an "Equipment Breakdown"to power or other utility service supplied to the described premises,however caused,if the failure occurs beyond 1,000 feet away from the described premises. But if failure of power or other utility service results in an "Equipment Breakdown"to covered property,we will pay for the loss or damage caused by the "Equipment Breakdown". This exclusion does not apply to the Business Income coverage or to Extra Expense coverage.Instead the Special Exclusion applies to these coverages. However,we will not pay for any loss, damage,cost or expense directly caused by, contributed to by,resulting from or arising out of the following causes of loss: Fire,lightning,combustion explosion, windstorm or hail,weight of snow,ice or sleet,falling objects,smoke,aircraft or vehicles,riot or civil commotion, vandalism,sinkhole collapse,volcanic action,leakage from fire extinguishing equipment,water damage,earth movement and flood. The most we will pay for loss or damage under this coverage is $250,000,unless a higher limit is provided by Endorsement.In that case,whichever limit is greater will apply. 3.Exclusion B.3.a.(1)of the Causes Of Loss - Basic Form and Causes Of Loss -Broad Form,and exclusion B.4.a.(1)of the Causes Of Loss -Special Form are deleted and replaced with the following: BUSINESS INCOME When a loss results from "Equipment Breakdown", we will not pay for: (1)Any loss caused directly or indirectly by the failure of power or other utility service supplied to the described premises, however caused,if the failure occurs beyond 1,000 feet of your described premise. But if the failure of power or other utility service results in a Covered Cause of Loss,we will pay for the loss resulting from that Covered Cause of Loss. However,we will not pay for any loss, damage,cost or expense directly caused by,contributed to by,resulting from or arising out of the following causes of loss: Fire,lightning,combustion explosion, windstorm or hail,weight of snow, ice or sleet,falling objects,smoke, aircraft or vehicles,riot or civil commotion,vandalism,sinkhole collapse,volcanic action,leakage from fire extinguishing equipment, water damage,earth movement and flood. The most we will pay for loss or damage under this coverage is $250,000 unless a higher limit is provided by Endorsement. In that case, whichever limit is greater will apply. COMMERCIAL PROPERTY CP 00 10 10 12 BUILDING AND PERSONAL PROPERTY COVERAGE FORM_CP 00 10_10/12 CP 00 10 10 12 ã Insurance Services Office, Inc. 2011 Page 1 of 16 BUILDING AND PERSONAL PROPERTY COVERAGE FORM Various provisions in this policy restrict coverage.Read the entire policy carefully to determine 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. Other words and phrases that appear in quotation marks have special meaning.Refer to Section H. Definitions. A.Coverage We will pay for direct physical loss of or damage to Covered Property at the premises described in the Declarations caused by or resulting from any Covered Cause of Loss. 1.Covered Property Covered Property,as used in this Coverage Part,means the type of property described in this section,A.1.,and limited in A.2.Property Not Covered,if a Limit Of Insurance is shown in the Declarations for that type of property. a.Building,meaning the building or structure described in the Declarations, including: (1)Completed additions; (2)Fixtures, including outdoor fixtures; (3)Permanently installed: (a)Machinery; and (b)Equipment; (4)Personal property owned by you that is used to maintain or service the building or structure or its premises, including: (a)Fire-extinguishing equipment; (b)Outdoor furniture; (c)Floor coverings; and (d)Appliances used for refrigerating, ventilating,cooking,dishwashing or laundering; (5)If not covered by other insurance: (a)Additions under construction, alterations and repairs to the building or structure; (b)Materials,equipment,supplies and temporary structures,on or within 100 feet of the described premises,used for making additions,alterations or repairs to the building or structure. b.Your Business Personal Property consists of the following property located in or on the building or structure described in the Declarations or in the open (or in a vehicle) within 100 feet of the building or structure or within 100 feet of the premises described in the Declarations,whichever distance is greater: (1)Furniture and fixtures; (2)Machinery and equipment; (3)"Stock"; (4)All other personal property owned by you and used in your business; (5)Labor,materials or services furnished or arranged by you on personal property of others; (6)Your use interest as tenant in improvements and betterments. Improvements and betterments are fixtures,alterations,installations or additions: (a)Made a part of the building or structure you occupy but do not own; and (b)You acquired or made at your expense but cannot legally remove; (7)Leased personal property for which you have a contractual responsibility to insure,unless otherwise provided for under Personal Property Of Others. c.Personal Property Of Others that is: (1)In your care, custody or control; and (2)Located in or on the building or structure described in the Declarations or in the open (or in a vehicle)within 100 feet of the building or structure or within 100 feet of the premises described in the Declarations,whichever distance is greater. Page 2 of 16 © Insurance Services Office, Inc., 2011 CP 00 10 10 12 However,our payment for loss of or damage to personal property of others will only be for the account of the owner of the property. 2.Property Not Covered Covered Property does not include: a.Accounts,bills,currency,food stamps or other evidences of debt,money,notes or securities.Lottery tickets held for sale are not securities; b.Animals,unless owned by others and boarded by you,or if owned by you,only as "stock" while inside of buildings; c.Automobiles held for sale; d.Bridges,roadways,walks,patios or other paved surfaces; e.Contraband,or property in the course of illegal transportation or trade; f.The cost of excavations,grading,backfilling or filling; g.Foundations of buildings,structures, machinery or boilers if their foundations are below: (1)The lowest basement floor; or (2)The surface of the ground,if there is no basement; h.Land (including land on which the property is located),water,growing crops or lawns (other than lawns which are part of a vegetated roof); i.Personal property while airborne or waterborne; j.Bulkheads, pilings, piers, wharves or docks; k.Property that is covered under another coverage form of this or any other policy in which it is more specifically described, except for the excess of the amount due (whether you can collect on it or not)from that other insurance; l.Retaining walls that are not part of a building; m.Underground pipes, flues or drains; n.Electronic data,except as provided under the Additional Coverage,Electronic Data. Electronic data means information,facts or computer programs stored as or on,created or used on,or transmitted to or from computer software (including systems and applications software),on hard or floppy disks,CD-ROMs,tapes,drives,cells,data processing devices or any other repositories of computer software which are used with electronically controlled equipment.The term computer programs,referred to in the foregoing description of electronic data, means a set of related electronic instructions which direct the operations and functions of a computer or device connected to it,which enable the computer or device to receive, process,store,retrieve or send data.This paragraph,n.,does not apply to your "stock" of prepackaged software,or to electronic data which is integrated in and operates or controls the building's elevator,lighting, heating,ventilation,air conditioning or security system; o.The cost to replace or restore the information on valuable papers and records, including those which exist as electronic data.Valuable papers and records include but are not limited to proprietary information, books of account,deeds,manuscripts, abstracts,drawings and card index systems. Refer to the Coverage Extension for Valuable Papers And Records (Other Than Electronic Data)for limited coverage for valuable papers and records other than those which exist as electronic data; p.Vehicles or self-propelled machines (including aircraft or watercraft) that: (1)Are licensed for use on public roads; or (2)Are operated principally away from the described premises. This paragraph does not apply to: (a)Vehicles or self-propelled machines or autos you manufacture,process or warehouse; CP 00 10 10 12 © Insurance Services Office, Inc., 2011 Page 3 of 16 (b)Vehicles or self-propelled machines, other than autos, you hold for sale; (c)Rowboats or canoes out of water at the described premises; or (d)Trailers,but only to the extent provided for in the Coverage Extension for Non-owned Detached Trailers; or q.The following property while outside of buildings: (1)Grain, hay, straw or other crops; (2)Fences,radio or television antennas (including satellite dishes)and their lead- in wiring,masts or towers,trees,shrubs or plants (other than trees,shrubs or plants which are "stock"or are part of a vegetated roof),all except as provided in the Coverage Extensions. 3.Covered Causes Of Loss See applicable Causes Of Loss form as shown in the Declarations. 4.Additional Coverages a.Debris Removal (1)Subject to Paragraphs (2),(3)and (4), we will pay your expense to remove debris of Covered Property and other debris that is on the described premises, when such debris 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 of direct physical loss or damage. (2)Debris Removal does not apply to costs to: (a)Remove debris of property of yours that is not insured under this policy,or property in your possession that is not Covered Property; (b)Remove debris of property owned by or leased to the landlord of the building where your described premises are located,unless you have a contractual responsibility to insure such property and it is insured under this policy; (c)Remove any property that is Property Not Covered,including property addressed under the Outdoor Property Coverage Extension; (d)Remove property of others of a type that would not be Covered Property under this Coverage Form; (e)Remove deposits of mud or earth from the grounds of the described premises; (f)Extract "pollutants"from land or water; or (g)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.However, if no Covered Property has sustained direct physical loss or damage,the most we will pay for removal of debris of other property (if such removal is covered under this Additional Coverage) is $5,000 at each location. (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. Page 4 of 16 © Insurance Services Office, Inc., 2011 CP 00 10 10 12 Therefore,if (4)(a)and/or (4)(b)applies, 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 The following examples assume that there is no Coinsurance penalty. 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:$40,000 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 ($40,000)exceeds 25%of the loss payable plus the deductible ($40,000 is 50%of $80,000),and because the sum of the loss payable and debris removal expense ($79,500 +$40,000 =$119,500)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;$4,500 of the debris removal expense is not covered. b.Preservation Of Property If it is necessary to move Covered Property from the described premises to preserve it from loss or damage by a Covered Cause of Loss,we will pay for any direct physical loss or damage to that property: (1)While it is being moved or while temporarily stored at another location; and (2)Only if the loss or damage occurs within 30 days after the property is first moved. 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 $1,000 for service at each premises described in the Declarations,unless a higher limit is shown in the Declarations.Such limit is the most we will pay regardless of the number of responding fire departments or fire units, and regardless of the number or type of services performed. This Additional Coverage applies to 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. CP 00 10 10 12 © Insurance Services Office, Inc., 2011 Page 5 of 16 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 $10,000 for the sum of all covered expenses arising out of Covered Causes of Loss occurring during each separate 12-month period of this policy. e.Increased Cost Of Construction (1)This Additional Coverage applies only to buildings to which the Replacement Cost Optional Coverage applies. (2)In the event of damage by a Covered Cause of Loss to a building that is Covered Property,we will pay the increased costs incurred to comply with the minimum standards of an ordinance or law in the course of repair,rebuilding or replacement of damaged parts of that property,subject to the limitations stated in e.(3)through e.(9)of this Additional Coverage. (3)The ordinance or law referred to in e.(2) of this Additional Coverage is an ordinance or law that regulates the construction or repair of buildings or establishes zoning or land use requirements at the described premises and is in force at the time of loss. (4)Under this Additional Coverage,we will not pay any costs due to an ordinance or law that: (a)You were required to comply with before the loss,even when the building was undamaged; and (b)You failed to comply with. (5)Under this Additional Coverage,we will not pay for: (a)The enforcement of or compliance with any ordinance or law which requires demolition,repair, replacement,reconstruction, remodeling or remediation of property due to contamination by "pollutants" or due to the presence,growth, proliferation,spread or any activity of "fungus", wet or dry rot or bacteria; or (b)Any costs associated with the enforcement of or compliance with an ordinance or law which requires any insured or others to test for,monitor, clean up,remove,contain,treat, detoxify or neutralize,or in any way respond to,or assess the effects of "pollutants","fungus",wet or dry rot or bacteria. (6)The most we will pay under this Additional Coverage,for each described building insured under this Coverage Form,is $10,000 or 5%of the Limit of Insurance applicable to that building, whichever is less.If a damaged building is covered under a blanket Limit of Insurance which applies to more than one building or item of property,then the most we will pay under this Additional Coverage,for that damaged building,is the lesser of $10,000 or 5%times the value of the damaged building as of the time of loss times the applicable Coinsurance percentage. The amount payable under this Additional Coverage is additional insurance. (7)With respect to this Additional Coverage: (a)We will not pay for the Increased Cost of Construction: (i)Until the property is actually repaired or replaced at the same or another premises; and (ii)Unless the repair or replacement is made as soon as reasonably possible after the loss or damage, not to exceed two years.We may extend this period in writing during the two years. Page 6 of 16 © Insurance Services Office, Inc., 2011 CP 00 10 10 12 (b)If the building is repaired or replaced at the same premises,or if you elect to rebuild at another premises,the most we will pay for the Increased Cost of Construction,subject to the provisions of e.(6)of this Additional Coverage,is the increased cost of construction at the same premises. (c)If the ordinance or law requires relocation to another premises,the most we will pay for the Increased Cost of Construction,subject to the provisions of e.(6)of this Additional Coverage,is the increased cost of construction at the new premises. (8)This Additional Coverage is not subject to the terms of the Ordinance Or Law Exclusion to the extent that such Exclusion would conflict with the provisions of this Additional Coverage. (9)The costs addressed in the Loss Payment and Valuation Conditions and the Replacement Cost Optional Coverage,in this Coverage Form,do not include the increased cost attributable to enforcement of or compliance with an ordinance or law.The amount payable under this Additional Coverage,as stated in e.(6)of this Additional Coverage,is not subject to such limitation. f.Electronic Data (1)Under this Additional Coverage, electronic data has the meaning described under Property Not Covered, Electronic Data.This Additional Coverage does not apply to your "stock" of prepackaged software,or to electronic data which is integrated in and operates or controls the building's elevator, lighting,heating,ventilation,air conditioning or security system. (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)The Covered Causes of Loss applicable to Your Business Personal Property apply to this Additional Coverage, Electronic Data, subject to the following: (a)If the Causes Of Loss -Special Form applies,coverage under this Additional Coverage,Electronic Data, is limited to the "specified causes of loss"as defined in that form and Collapse as set forth in that form. (b)If the Causes Of Loss -Broad Form applies,coverage under this Additional Coverage,Electronic Data, includes Collapse as set forth in that form. (c)If the Causes Of Loss form is endorsed to add a Covered Cause of Loss,the additional Covered Cause of Loss does not apply to the coverage provided under this Additional Coverage, Electronic Data. (d)The Covered Causes of Loss include 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. CP 00 10 10 12 © Insurance Services Office, Inc., 2011 Page 7 of 16 (4)The most we will pay under this Additional Coverage,Electronic Data,is $2,500 (unless a higher limit is shown in the Declarations)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.If loss payment on the first occurrence does not exhaust this amount,then the balance is available for subsequent loss or damage sustained in but not after that policy year.With respect to an occurrence which begins in one policy year and continues or results in additional loss or damage in a subsequent policy year(s),all loss or damage is deemed to be sustained in the policy year in which the occurrence began. 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 100 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 $250,000 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 other than at fairs,trade shows or exhibitions; or (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. The most we will pay for loss or damage under this Extension is $100,000 at each building. (b)This Extension does not apply to: (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 provided under this Coverage Extension for 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 the property 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. Page 8 of 16 © Insurance Services Office, Inc., 2011 CP 00 10 10 12 b.Personal Effects And Property Of Others You may extend the insurance that applies to Your Business Personal Property to apply to: (1)Personal effects owned by you,your officers,your partners or members,your managers or your employees.This Extension does not apply to loss or damage by theft. (2)Personal property of others in your care, custody or control. The most we will pay for loss or damage under this Extension is $2,500 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. 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 the cost to replace or restore the 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)If the Causes Of Loss -Special Form applies,coverage under this Extension is limited to the "specified causes of loss" as defined in that form and Collapse as set forth in that form. (3)If the Causes Of Loss -Broad Form applies,coverage under this Extension includes Collapse as set forth in that form. (4)Under this Extension,the most we will pay to replace or restore the lost information is $2,500 at each described premises,unless a higher limit is shown in the Declarations.Such amount is 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 (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 $10,000. e.Outdoor Property You may extend the insurance provided by this Coverage Form to apply to your outdoor fences,radio and television antennas (including satellite dishes),trees,shrubs and plants (other than trees,shrubs or plants which are "stock"or are part of a vegetated roof),including debris 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)Riot or Civil Commotion; or (5)Aircraft. The most we will pay for loss or damage under this Extension is $1,000,but not more than $250 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. CP 00 10 10 12 © Insurance Services Office, Inc., 2011 Page 9 of 16 Subject to all aforementioned terms and limitations of coverage,this Coverage Extension includes the expense of removing from the described premises the debris of trees,shrubs and plants which are the property of others,except in the situation in which you are a tenant and such property is owned by the landlord of the described premises. 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 $5,000,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.Business Personal Property Temporarily In Portable Storage Units (1)You may extend the insurance that applies to Your Business Personal Property to apply to such property while temporarily stored in a portable storage unit (including a detached trailer)located within 100 feet of the building or structure described in the Declarations or within 100 feet of the premises described in the Declarations,whichever distance is greater. (2)If the applicable Covered Causes of Loss form or endorsement contains a limitation or exclusion concerning loss or damage from sand,dust,sleet,snow,ice or rain to property in a structure,such limitation or exclusion also applies to property in a portable storage unit. (3)Coverage under this Extension: (a)Will end 90 days after the business personal property has been placed in the storage unit; (b)Does not apply if the storage unit itself has been in use at the described premises for more than 90 consecutive days,even if the business personal property has been stored there for 90 or fewer days as of the time of loss or damage. (4)Under this Extension,the most we will pay for the total of all loss or damage to business personal property is $10,000 (unless a higher limit is indicated in the Declarations for such Extension) regardless of the number of storage units.Such limit is part of,not in addition to,the applicable Limit of Insurance on Your Business Personal Property. Therefore,payment under this Extension will not increase the applicable Limit of Insurance on Your Business Personal Property. (5)This Extension does not apply to loss or damage otherwise covered under this Coverage Form or any endorsement to this Coverage Form or policy,and does not apply to loss or damage to the storage unit itself. Each of these Extensions is additional insurance unless otherwise indicated.The Additional Condition,Coinsurance,does not apply to these Extensions. B.Exclusions And Limitations See applicable Causes Of Loss form as shown in the Declarations. C.Limits Of Insurance The most we will pay for loss or damage in any one occurrence is the applicable Limit Of Insurance shown in the Declarations. The most we will pay for loss or damage to outdoor signs,whether or not the sign is attached to a building, is $2,500 per sign in any one occurrence. Page 10 of 16 © Insurance Services Office, Inc., 2011 CP 00 10 10 12 The amounts of insurance stated in the following Additional Coverages apply in accordance with the terms of such coverages and are separate from the Limit(s)Of Insurance shown in the Declarations for any other coverage: 1.Fire Department Service Charge; 2.Pollutant Clean-up And Removal; 3.Increased Cost Of Construction; and 4.Electronic Data. Payments under the Preservation Of Property Additional Coverage will not increase the applicable Limit of Insurance. D.Deductible In any one occurrence of loss or damage (hereinafter referred to as loss),we will first reduce the amount of loss if required by the Coinsurance Condition or the Agreed Value Optional Coverage. If the adjusted amount of loss is less than or equal to the Deductible,we will not pay for that loss.If the adjusted amount of loss exceeds the Deductible, we will then subtract the Deductible from the adjusted amount of loss and will pay the resulting amount or the Limit of Insurance, whichever is less. When the occurrence involves loss to more than one item of Covered Property and separate Limits of Insurance apply,the losses will not be combined in determining application of the Deductible.But the Deductible will be applied only once per occurrence. Example 1 (This example assumes there is no Coinsurance penalty.) Deductible:$250 Limit of Insurance - Building 1:$60,000 Limit of Insurance - Building 2:$80,000 Loss to Building 1:$60,100 Loss to Building 2:$90,000 The amount of loss to Building 1 ($60,100)is less than the sum ($60,250)of the Limit of Insurance applicable to Building 1 plus the Deductible. The Deductible will be subtracted from the amount of loss in calculating the loss payable for Building 1: $60,100 -250 $59,850 Loss Payable Building 1 The Deductible applies once per occurrence and therefore is not subtracted in determining the amount of loss payable for Building 2.Loss payable for Building 2 is the Limit of Insurance of $80,000. Total amount of loss payable: $59,850 + $80,000 = $139,850 Example 2 (This example,too,assumes there is no Coinsurance penalty.) The Deductible and Limits of Insurance are the same as those in Example 1. Loss to Building 1:$70,000 (Exceeds Limit of Insurance plus Deductible) Loss to Building 2:$90,000 (Exceeds Limit of Insurance plus Deductible) Loss Payable - Building 1:$60,000 (Limit of Insurance) Loss Payable - Building 2:$80,000 (Limit of Insurance) Total amount of loss payable:$140,000 E.Loss Conditions The following conditions apply in addition to the Common Policy Conditions and the Commercial Property Conditions: 1.Abandonment There can be no abandonment of any property to us. 2.Appraisal If we and you disagree on the value of the property or the amount of loss,either may make written demand for an appraisal of the loss.In this event,each party will select a competent and impartial appraiser.The two appraisers will select an umpire.If they cannot agree,either may request that selection be made by a judge of a court having jurisdiction.The appraisers will state separately the value of the property and amount of loss.If they fail to agree,they will submit their differences to the umpire.A decision agreed to by any two will be binding. Each party will: a.Pay its chosen appraiser; and b.Bear the other expenses of the appraisal and umpire equally. If there is an appraisal,we will still retain our right to deny the claim. 3.Duties In The Event Of Loss Or Damage a.You must see that the following are done in the event of loss or damage to Covered Property: (1)Notify the police if a law may have been broken. CP 00 10 10 12 © Insurance Services Office, Inc., 2011 Page 11 of 16 (2)Give us prompt notice of the loss or damage.Include a description of the property involved. (3)As soon as possible,give us a description of how,when and where the loss or damage occurred. (4)Take all reasonable steps to protect the Covered Property from further damage, and keep a record of your expenses necessary to protect the Covered Property,for consideration in the settlement of the claim.This will not increase the Limit of Insurance. However,we will not pay for any subsequent loss or damage resulting from a cause of loss that is not a Covered Cause of Loss.Also,if feasible, set the damaged property aside and in the best possible order for examination. (5)At our request,give us complete inventories of the damaged and undamaged property.Include quantities, costs,values and amount of loss claimed. (6)As often as may be reasonably required, permit us to inspect the property proving the loss or damage and examine your books and records. Also,permit us to take samples of damaged and undamaged property for inspection,testing and analysis,and permit us to make copies from your books and records. (7)Send us a signed,sworn proof of loss containing the information we request to investigate the claim.You must do this within 60 days after our request.We will supply you with the necessary forms. (8)Cooperate with us in the investigation or settlement of the claim. b.We may examine any insured under oath, while not in the presence of any other insured and at such times as may be reasonably required,about any matter relating to this insurance or the claim, including an insured's books and records.In the event of an examination,an insured's answers must be signed. 4.Loss Payment a.In the event of loss or damage covered by this Coverage Form,at our option,we will either: (1)Pay the value of lost or damaged property; (2)Pay the cost of repairing or replacing the lost or damaged property,subject to b. below; (3)Take all or any part of the property at an agreed or appraised value; or (4)Repair,rebuild or replace the property with other property of like kind and quality, subject to b. below. We will determine the value of lost or damaged property,or the cost of its repair or replacement,in accordance with the applicable terms of the Valuation Condition in this Coverage Form or any applicable provision which amends or supersedes the Valuation Condition. b.The cost to repair,rebuild or replace does not include the increased cost attributable to enforcement of or compliance with any ordinance or law regulating the construction, use or repair of any property. c.We will give notice of our intentions within 30 days after we receive the sworn proof of loss. d.We will not pay you more than your financial interest in the Covered Property. e.We may adjust losses with the owners of lost or damaged property if other than you.If we pay the owners,such payments will satisfy your claims against us for the owners' property.We will not pay the owners more than their financial interest in the Covered Property. f.We may elect to defend you against suits arising from claims of owners of property. We will do this at our expense. g.We will pay for covered loss or damage within 30 days after we receive the sworn proof of loss,if you have complied with all of the terms of this Coverage Part, and: (1)We have reached agreement with you on the amount of loss; or (2)An appraisal award has been made. Page 12 of 16 © Insurance Services Office, Inc., 2011 CP 00 10 10 12 h.A party wall is a wall that separates and is common to adjoining buildings that are owned by different parties.In settling covered losses involving a party wall,we will pay a proportion of the loss to the party wall based on your interest in the wall in proportion to the interest of the owner of the adjoining building.However,if you elect to repair or replace your building and the owner of the adjoining building elects not to repair or replace that building,we will pay you the full value of the loss to the party wall,subject to all applicable policy provisions including Limits of Insurance,the Valuation and Coinsurance Conditions and all other provisions of this Loss Payment Condition. Our payment under the provisions of this paragraph does not alter any right of subrogation we may have against any entity, including the owner or insurer of the adjoining building,and does not alter the terms of the Transfer Of Rights Of Recovery Against Others To Us Condition in this policy. 5.Recovered Property If either you or we recover any property after loss settlement,that party must give the other prompt notice.At your option,the property will be returned to you.You must then return to us the amount we paid to you for the property.We will pay recovery expenses and the expenses to repair the recovered property,subject to the Limit of Insurance. 6.Vacancy a.Description Of Terms (1)As used in this Vacancy Condition,the term building and the term vacant have the meanings set forth in (1)(a)and (1)(b) below: (a)When this policy is issued to a tenant, and with respect to that tenant's interest in Covered Property,building means the unit or suite rented or leased to the tenant.Such building is vacant when it does not contain enough business personal property to conduct customary operations. (b)When this policy is issued to the owner or general lessee of a building, building means the entire building. Such building is vacant unless at least 31%of its total square footage is: (i)Rented to a lessee or sublessee and used by the lessee or sublessee to conduct its customary operations; and/or (ii)Used by the building owner to conduct customary operations. (2)Buildings under construction or renovation are not considered vacant. b.Vacancy Provisions If the building where loss or damage occurs has been vacant for more than 60 consecutive days before that loss or damage occurs: (1)We will not pay for any loss or damage caused by any of the following,even if they are Covered Causes of Loss: (a)Vandalism; (b)Sprinkler leakage,unless you have protected the system against freezing; (c)Building glass breakage; (d)Water damage; (e)Theft; or (f)Attempted theft. (2)With respect to Covered Causes of Loss other than those listed in b.(1)(a)through b.(1)(f)above,we will reduce the amount we would otherwise pay for the loss or damage by 15%. 7.Valuation We will determine the value of Covered Property in the event of loss or damage as follows: a.At actual cash value as of the time of loss or damage,except as provided in b.,c.,d.and e. below. b.If the Limit of Insurance for Building satisfies the Additional Condition,Coinsurance,and the cost to repair or replace the damaged building property is $2,500 or less,we will pay the cost of building repairs or replacement. CP 00 10 10 12 © Insurance Services Office, Inc., 2011 Page 13 of 16 The cost of building repairs or replacement does not include the increased cost attributable to enforcement of or compliance with any ordinance or law regulating the construction, use or repair of any property. However,the following property will be valued at the actual cash value,even when attached to the building: (1)Awnings or floor coverings; (2)Appliances for refrigerating,ventilating, cooking, dishwashing or laundering; or (3)Outdoor equipment or furniture. c."Stock"you have sold but not delivered at the selling price less discounts and expenses you otherwise would have had. d.Glass at the cost of replacement with safety- glazing material if required by law. e.Tenants' Improvements and Betterments at: (1)Actual cash value of the lost or damaged property if you make repairs promptly. (2)A proportion of your original cost if you do not make repairs promptly.We will determine the proportionate value as follows: (a)Multiply the original cost by the number of days from the loss or damage to the expiration of the lease; and (b)Divide the amount determined in (a) above by the number of days from the installation of improvements to the expiration of the lease. If your lease contains a renewal option, the expiration of the renewal option period will replace the expiration of the lease in this procedure. (3)Nothing if others pay for repairs or replacement. F.Additional Conditions The following conditions apply in addition to the Common Policy Conditions and the Commercial Property Conditions: 1.Coinsurance If a Coinsurance percentage is shown in the Declarations, the following condition applies: a.We will not pay the full amount of any loss if the value of Covered Property at the time of loss times the Coinsurance percentage shown for it in the Declarations is greater than the Limit of Insurance for the property. Instead,we will determine the most we will pay using the following steps: (1)Multiply the value of Covered Property at the time of loss by the Coinsurance percentage; (2)Divide the Limit of Insurance of the property by the figure determined in Step (1); (3)Multiply the total amount of loss,before the application of any deductible,by the figure determined in Step (2); and (4)Subtract the deductible from the figure determined in Step (3). We will pay the amount determined in Step (4)or the Limit of Insurance,whichever is less.For the remainder,you will either have to rely on other insurance or absorb the loss yourself. Example 1 (Underinsurance) When:The value of the property is:$250,000 The Coinsurance percentage for it is:80% The Limit of Insurance for it is:$100,000 The Deductible is:$250 The amount of loss is:$40,000 Step (1):$250,000 x 80% = $200,000 (the minimum amount of insurance to meet your Coinsurance requirements) Step (2):$100,000 ¸ $200,000 = .50 Step (3):$40,000 x .50 = $20,000 Step (4):$20,000 $250 = $19,750 We will pay no more than $19,750.The remaining $20,250 is not covered. Example 2 (Adequate Insurance) When:The value of the property is:$250,000 The Coinsurance percentage for it is:80% The Limit of Insurance for it is:$200,000 The Deductible is:$250 The amount of loss is:$40,000 The minimum amount of insurance to meet your Coinsurance requirement is $200,000 ($250,000 x 80%).Therefore,the Limit of Insurance in this example is adequate,and no penalty applies.We will pay no more than $39,750 ($40,000 amount of loss minus the deductible of $250). Page 14 of 16 © Insurance Services Office, Inc., 2011 CP 00 10 10 12 b.If one Limit of Insurance applies to two or more separate items,this condition will apply to the total of all property to which the limit applies. Example 3 When:The value of the property is: Building at Location 1:$75,000 Building at Location 2:$100,000 Personal Property at Location 2:$75,000 $250,000 The Coinsurance percentage for it is:90% The Limit of Insurance for Buildings and Personal Property at Locations 1 and 2 is:$180,000 The Deductible is:$1,000 The amount of loss is: Building at Location 2:$30,000 Personal Property at Location 2:$20,000 $50,000 Step (1):$250,000 x 90% = $225,000 (the minimum amount of insurance to meet your Coinsurance requirements and to avoid the penalty shown below) Step (2):$180,000 ¸ $225,000 = .80 Step (3):$50,000 x .80 = $40,000 Step (4):$40,000 - $1,000 = $39,000 We will pay no more than $39,000.The remaining $11,000 is not covered. 2.Mortgageholders a.The term mortgageholder includes trustee. b.We will pay for covered loss of or damage to buildings or structures to each mortgageholder shown in the Declarations in their order of precedence,as interests may appear. c.The mortgageholder has the right to receive loss payment even if the mortgageholder has started foreclosure or similar action on the building or structure. d.If we deny your claim because of your acts or because you have failed to comply with the terms of this Coverage Part,the mortgageholder will still have the right to receive loss payment if the mortgageholder: (1)Pays any premium due under this Coverage Part at our request if you have failed to do so; (2)Submits a signed,sworn proof of loss within 60 days after receiving notice from us of your failure to do so; and (3)Has notified us of any change in ownership,occupancy or substantial change in risk known to the mortgageholder. All of the terms of this Coverage Part will then apply directly to the mortgageholder. e.If we pay the mortgageholder for any loss or damage and deny payment to you because of your acts or because you have failed to comply with the terms of this Coverage Part: (1)The mortgageholder's rights under the mortgage will be transferred to us to the extent of the amount we pay; and (2)The mortgageholder's right to recover the full amount of the mortgageholder's claim will not be impaired. At our option,we may pay to the mortgageholder the whole principal on the mortgage plus any accrued interest.In this event,your mortgage and note will be transferred to us and you will pay your remaining mortgage debt to us. f.If we cancel this policy,we will give written notice to the mortgageholder at least: (1)10 days before the effective date of cancellation if we cancel for your nonpayment of premium; or (2)30 days before the effective date of cancellation if we cancel for any other reason. g.If we elect not to renew this policy,we will give written notice to the mortgageholder at least 10 days before the expiration date of this policy. G.Optional Coverages If shown as applicable in the Declarations,the following Optional Coverages apply separately to each item: 1.Agreed Value a.The Additional Condition,Coinsurance,does not apply to Covered Property to which this Optional Coverage applies.We will pay no more for loss of or damage to that property than the proportion that the Limit of Insurance under this Coverage Part for the property bears to the Agreed Value shown for it in the Declarations. CP 00 10 10 12 © Insurance Services Office, Inc., 2011 Page 15 of 16 b.If the expiration date for this Optional Coverage shown in the Declarations is not extended,the Additional Condition, Coinsurance,is reinstated and this Optional Coverage expires. c.The terms of this Optional Coverage apply only to loss or damage that occurs: (1)On or after the effective date of this Optional Coverage; and (2)Before the Agreed Value expiration date shown in the Declarations or the policy expiration date, whichever occurs first. 2.Inflation Guard a.The Limit of Insurance for property to which this Optional Coverage applies will automatically increase by the annual percentage shown in the Declarations. b.The amount of increase will be: (1)The Limit of Insurance that applied on the most recent of the policy inception date,the policy anniversary date,or any other policy change amending the Limit of Insurance, times (2)The percentage of annual increase shown in the Declarations,expressed as a decimal (example: 8% is .08), times (3)The number of days since the beginning of the current policy year or the effective date of the most recent policy change amending the Limit of Insurance,divided by 365. Example If:The applicable Limit of Insurance is:$100,000 The annual percentage increase is:8% The number of days since the beginning of the policy year (or last policy change) is:146 The amount of increase is: $100,000 x .08 x 146 ¸ 365 =$3,200 3.Replacement Cost a.Replacement Cost (without deduction for depreciation)replaces Actual Cash Value in the Valuation Loss Condition of this Coverage Form. b.This Optional Coverage does not apply to: (1)Personal property of others; (2)Contents of a residence; (3)Works of art,antiques or rare articles, including etchings,pictures,statuary, marbles,bronzes,porcelains and bric-a- brac; or (4)"Stock",unless the Including "Stock" option is shown in the Declarations. Under the terms of this Replacement Cost Optional Coverage,tenants'improvements and betterments are not considered to be the personal property of others. c.You may make a claim for loss or damage covered by this insurance on an actual cash value basis instead of on a replacement cost basis.In the event you elect to have loss or damage settled on an actual cash value basis,you may still make a claim for the additional coverage this Optional Coverage provides if you notify us of your intent to do so within 180 days after the loss or damage. d.We will not pay on a replacement cost basis for any loss or damage: (1)Until the lost or damaged property is actually repaired or replaced; and (2)Unless the repair or replacement is made as soon as reasonably possible after the loss or damage. With respect to tenants'improvements and betterments, the following also apply: (3)If the conditions in d.(1)and d.(2)above are not met,the value of tenants' improvements and betterments will be determined as a proportion of your original cost,as set forth in the Valuation Loss Condition of this Coverage Form; and (4)We will not pay for loss or damage to tenants'improvements and betterments if others pay for repairs or replacement. e.We will not pay more for loss or damage on a replacement cost basis than the least of (1), (2) or (3), subject to f. below: (1)The Limit of Insurance applicable to the lost or damaged property; (2)The cost to replace the lost or damaged property with other property: (a)Of comparable material and quality; and (b)Used for the same purpose; or (3)The amount actually spent that is necessary to repair or replace the lost or damaged property. If a building is rebuilt at a new premises,the cost described in e.(2)above is limited to the cost which would have been incurred if the building had been rebuilt at the original premises. Page 16 of 16 © Insurance Services Office, Inc., 2011 CP 00 10 10 12 f.The cost of repair or replacement does not include the increased cost attributable to enforcement of or compliance with any ordinance or law regulating the construction, use or repair of any property. 4.Extension Of Replacement Cost To Personal Property Of Others a.If the Replacement Cost Optional Coverage is shown as applicable in the Declarations, then this Extension may also be shown as applicable.If the Declarations show this Extension as applicable,then Paragraph 3.b.(1)of the Replacement Cost Optional Coverage is deleted and all other provisions of the Replacement Cost Optional Coverage apply to replacement cost on personal property of others. b.With respect to replacement cost on the personal property of others,the following limitation applies: If an item(s)of personal property of others is subject to a written contract which governs your liability for loss or damage to that item(s),then valuation of that item(s)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. H.Definitions 1."Fungus"means any type or form of fungus, including mold or mildew,and any mycotoxins, spores,scents or by-products produced or released by fungi. 2."Pollutants"means any solid,liquid,gaseous or thermal irritant or contaminant,including smoke, vapor,soot,fumes,acids,alkalis,chemicals and waste.Waste includes materials to be recycled, reconditioned or reclaimed. 3."Stock"means merchandise held in storage or for sale,raw materials and in-process or finished goods,including supplies used in their packing or shipping. COMMERCIAL PROPERTY CP 00 90 07 88 Copyright, ISO Commercial Risk Services, Inc., 1983, 1987 Page 1 of 2 oo COMMERCIAL PROPERTY CONDITIONS This Coverage Part is subject to the following conditions, the Common Policy Conditions and applicable Loss Conditions and Additional Conditions in Commercial Property Coverage Forms. A.CONCEALMENT, MISREPRESENTATION OR FRAUD This Coverage Part is void in any case of fraud by you as it relates to this Coverage Part at any time. It is also void if you or any other insured, at any time, intentionally conceal or misrepresent a ma- terial fact concerning: 1.This Coverage Part; 2.The Covered Property; 3.Your interest in the Covered Property; or 4.A claim under this Coverage Part. B.CONTROL OF PROPERTY Any act or neglect of any person other than you beyond your direction or control will not affect this insurance. The breach of any condition of this Coverage Part at any one or more locations will not affect cover- age at any location where, at the time of loss or damage, the breach of condition does not exist. C.INSURANCE UNDER TWO OR MORE COVER- AGES If two or more of this policy's coverages apply to the same loss or damage, we will not pay more than the actual amount of the loss or damage. D.LEGAL ACTION AGAINST US No one may bring a legal action against us under this Coverage Part unless: 1.There has been full compliance with all of the terms of this Coverage Part; and 2.The action is brought within 2 years after the date on which the direct physical loss or dam- age occurred. E.LIBERALIZATION If we adopt any revision that would broaden the coverage under this Coverage Part without addi- tional premium within 45 days prior to or during the policy period, the broadened coverage will immediately apply to this Coverage Part. F.NO BENEFIT TO BAILEE No person or organization, other than you, having custody of Covered Property will benefit from this insurance. G.OTHER INSURANCE 1.You may have other insurance subject to the same plan, terms, conditions and provisions as the insurance under this Coverage Part. If you do, we will pay our share of the covered loss or damage. Our share is the proportion that the applicable Limit of Insurance under this Cov- erage Part bears to the Limits of Insurance of all insurance covering on the same basis. 2.If there is other insurance covering the same loss or damage, other than that described in 1. above, we will pay only for the amount of cov- ered loss or damage in excess of the amount due from that other insurance, whether you can collect on it or not. But we will not pay more than the applicable Limit of Insurance. H.POLICY PERIOD, COVERAGE TERRITORY Under this Coverage Part: 1.We cover loss or damage commencing: a.During the policy period shown in the Dec- larations; and b.Within the coverage territory. 2.The coverage territory is: a.The United States of America (including its territories and possessions); b.Puerto Rico; and c.Canada. <!-Bookmark:COMMERCIAL PROPERTY CONDITIONS_CP 00 90_07/88:EndBoomark-!> Page 2 of 2 Copyright, ISO Commercial Risk Services, Inc., 1983, 1987 CP 00 90 07 88 oo I.TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US If any person or organization to or for whom we make payment under this Coverage Part has rights to recover damages from another, those rights are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to impair them. But you may waive your rights against another party in writing: 1.Prior to a loss to your Covered Property or Covered Income. 2.After a loss to your Covered Property or Cov- ered Income only if, at time of loss, that party is one of the following: a.Someone insured by this insurance; b.A business firm: (1)Owned or controlled by you; or (2)That owns or controls you; or c.Your tenant. This will not restrict your insurance. COMMERCIAL PROPERTY CP 01 13 10 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CP 01 13 10 12 © Insurance Services Office, Inc., 2011 Page 1 of 3 WISCONSIN CHANGES This endorsement modifies insurance provided under the following: COMMERCIAL PROPERTY COVERAGE PART A. The Concealment, Misrepresentation Or Fraud Commercial Property Condition is replaced by the following: CONCEALMENT, MISREPRESENTATION OR FRAUD 1. No misrepresentation and no breach of affirma- tive warranty made by you or on your behalf in the negotiation for or procurement of this Cov- erage Part affects our obligations unless, if a misrepresentation, the person knew or should have known that the representation was false, and unless: a. We rely on the misrepresentation or affir- mative warranty and the misrepresentation or affirmative warranty is either material or made with intent to deceive; or b. The facts misrepresented or falsely war- ranted contribute to the loss. 2. No failure of a condition before a loss and no breach of a promissory warranty affects our ob- ligation under this Coverage Part unless such failure or breach exists at the time of loss and either: a. Increases the risk at the time of loss; or b. Contributes to the loss. B. Legal Action Against Us 1. The Legal Action Against Us Commercial Property Condition is replaced by the following: LEGAL ACTION AGAINST US No one may bring a legal action against us un- der this Coverage Part unless the action is brought within 2 years after the date on which the direct physical loss or damage occurred. 2. Paragraph (1) of Additional Condition F.4.e. Legal Action Against Us in the Mortgage- holders Errors And Omissions Coverage Form is replaced by the following: No one may bring a legal action against us un- der Coverages A and B unless the action is brought within 2 years after you discover the error or accidental omission. 3. The following are deleted: a. The Legal Action Against Us Loss Condi- tion in the Legal Liability Coverage Form; and b. Paragraph (2) of Additional Condition F.4.e. Legal Action Against Us in the Mortgage- holders Errors And Omissions Coverage Form. C. The following exclusion and related provisions are added to Paragraph B.2. Exclusions in the Caus- es Of Loss Forms and to any Coverage Form or policy to which a Causes Of Loss Form is not at- tached: 1. We will not pay for loss or damage arising out of any act committed: a. By or at the direction of any insured; and b. With the intent to cause a loss. 2. However, this exclusion will not apply to deny coverage to an insured who did not cooperate in or contribute to the creation of the loss, pro- vided the loss is otherwise covered under this Coverage Part and: a. The loss arose out of an act or pattern of abuse or domestic abuse; and b. The perpetrator of the loss is criminally prosecuted for the act or acts causing the loss. 3. If we pay a claim pursuant to Paragraph C.2., our payment to the innocent insured is limited to that insured's ownership interest in the prop- erty less any payments we first made to a mortgagee or other party with a legal secured interest in the property. In no event will we pay more than the Limit of Insurance. <!-Bookmark:WISCONSIN CHANGES_CP 01 13_10/12:EndBoomark-!> Page 2 of 3 © Insurance Services Office, Inc., 2011 CP 01 13 10 12 D. The following is added to the Transfer Of Rights Of Recovery Against Others To Us Commercial Property Condition: If we pay an insured for a loss described in Para- graph C.2., the rights of the insured to recover damages from the perpetrator are transferred to us to the extent of our payment. Following the loss, the insured may not waive such rights to re- cover against the perpetrator. We will be entitled to a recovery only after you have been fully compensated for damages. E. The following are added: 1. Knowledge And Acts Of Agents a. If any of our agents knows any fact that breaches a condition of this policy, we will be considered to know it also if that fact: (1) Is known to the agent at the time the policy is issued or an application made; or (2) Later becomes known to the agent in the course of his or her dealings as an agent with you. b. Any fact that breaches a condition of this policy and is known to the agent before the loss will not: (1) Void this policy; or (2) Prevent a recovery in the event of loss. 2. The Ordinance Or Law Exclusion in the Basic, Broad and Special – Causes Of Loss Forms, or in any endorsement, does not apply to dwelling properties occupied as a residence by you. 3. Conformity To Statute Or Rule Any provision of this Coverage Part (including endorsements which modify the Coverage Part) that is in conflict with a Wisconsin statute or rule is hereby amended to conform to that statute or rule. The term rule means a valid rule promulgated by the Commissioner of Insurance in accor- dance with the rule-making authority conferred under Wis. Stat. Ann. s. 227.11(2) and pub- lished in the Wisconsin Administrative Code. F. The following is added to the Loss Payment Loss Condition in the Commercial Property Coverage Part: If a municipality, which is a first class city, has elected to apply the provisions of Wis. Stat. Ann. Secs. 632.10 through 632.104, a part of our pay- ment for fire or explosion loss or damage to your covered real property in that municipality will be withheld if the loss or damage is subject to the aforementioned provisions. 1. The withheld amount will be paid in accor- dance with the law, to the following: a. The municipality where the covered proper- ty is located; b. You and any other interest named in the Declarations; or c. The mortgageholder, if any. However, we will not pay more than the amount of loss payable under this policy. 2. Within 10 days after withholding the required amount, we will give written notice of the with- holding to the following: a. The building inspection official of the muni- cipality where the covered property is lo- cated; b. You; c. Any mortgageholder and any other lien- holder who has an existing lien against the property and is named in the Declarations; and d. The court in which judgment was entered if the final settlement was determined by judgment. 3. We will not be liable in any cause of action, nor may any liability be imposed on us, arising from the payment, withholding or transferring of all or any portion of a final settlement in accor- dance with Wis. Stat. Ann. Secs. 632.10 through 632.104. CP 01 13 10 12 © Insurance Services Office, Inc., 2011 Page 3 of 3 G. The following is added to the Valuation Loss Condition: 1. When this Coverage Part insures real property in Wisconsin which is owned and occupied by you primarily as a dwelling, and the property is wholly destroyed, we will pay the limit of insur- ance that applies to such property, subject to the exceptions and conditions in Paragraphs G.2. and G.3. below. 2. Builders Risk policies of insurance covering property in the process of being constructed shall be valued and settled according to the ac- tual value of that portion of the construction completed at the time of the loss. The Limit of Insurance on a Builders Risk policy represents the value of the building when it is completed. 3. The Valued Policy Provision, Paragraph G.1. above, does not apply to any claim for loss to any building which is insured under a blanket form or endorsement with one Limit of Insur- ance applicable to two or more buildings. When a building, owned and occupied by you primarily as a dwelling, is wholly destroyed, the loss will be settled at the value stated in the most recent Statement of Values on file with us. POLICY NUMBER:FDK 2431286-32 COMMERCIAL PROPERTY CP 03 21 10 12 WINDSTORM OR HAIL PERCENTAGE DEDUCTIBLE_CP 03 21_10/12 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. CP 03 21 10 12 © Insurance Services Office, Inc., 2011 Page 1 of 3 WINDSTORM OR HAIL PERCENTAGE DEDUCTIBLE This endorsement modifies insurance provided under the following: BUILDERS RISK COVERAGE FORM BUILDING AND PERSONAL PROPERTY COVERAGE FORM CONDOMINIUM ASSOCIATION COVERAGE FORM CONDOMINIUM COMMERCIAL UNIT-OWNERS COVERAGE FORM STANDARD PROPERTY POLICY TOBACCO SALES WAREHOUSES COVERAGE FORM SCHEDULE Premises Number Building Number Windstorm Or Hail Deductible Percentage - Enter 1%, 2% Or 5% 1 1 1% 2 1 1% 3 1 1% 4 1 1% Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Windstorm or Hail Deductible,as shown in the Schedule and set forth in this endorsement,applies to covered loss or damage caused directly or indirectly by Windstorm or Hail.This Deductible applies to each occurrence of Windstorm or Hail. Nothing in this endorsement implies or affords coverage for any loss or damage that is excluded under the terms of the Water Exclusion or any other exclusion in this policy.If this policy is endorsed to cover Flood under the Flood Coverage Endorsement (or if you have a flood insurance policy),a separate Flood Deductible applies to loss or damage attributable to Flood,in accordance with the terms of that endorsement or policy. As used in this endorsement,the terms "specific insurance"and "blanket insurance"have the following meanings:Specific insurance covers each item of insurance (for example,each building or personal property in a building)under a separate Limit of Insurance.Blanket insurance covers two or more items of insurance (for example,a building and personal property in that building,or two buildings) under a single Limit of Insurance.Items of insurance and corresponding Limit(s)Of Insurance are shown in the Declarations. WINDSTORM OR HAIL DEDUCTIBLE CALCULATIONS A.Calculation Of The Deductible - All Policies 1.A Deductible is calculated separately for,and applies separately to: a.Each building that sustains loss or damage; b.The personal property at each building at which there is loss or damage to personal property; and c.Personal property in the open. If there is damage to both a building and personal property in that building,separate deductibles apply to the building and to the personal property. 2.We will not pay for loss or damage until the amount of loss or damage exceeds the applicable Deductible.We will then pay the amount of loss or damage in excess of that Deductible,up to the applicable Limit of Insurance,after any reduction required by any of the following:Coinsurance Condition; Agreed Value Optional Coverage;or any provision in a Value Reporting Form relating to full reporting or failure to submit reports. Page 2 of 3 © Insurance Services Office, Inc., 2011 CP 03 21 10 12 3.When property is covered under the Coverage Extension for Newly Acquired Or Constructed Property:In determining the amount,if any, that we will pay for loss or damage,we will deduct an amount equal to a percentage of the value(s)of the property at time of loss.The applicable percentage for Newly Acquired Or Constructed Property is the highest percentage shown in the Schedule for any described premises. B.Calculation Of The Deductible - Specific Insurance Other than Builders' Risk 1.Property Not Subject To Value Reporting Forms In determining the amount,if any,that we will pay for loss or damage,we will deduct an amount equal to 1%,2%or 5%(as shown in the Schedule)of the Limit(s)of Insurance applicable to the property that has sustained loss or damage. 2.Property Subject To Value Reporting Forms In determining the amount,if any,that we will pay for loss or damage,we will deduct an amount equal to 1%,2%or 5%(as shown in the Schedule)of the value(s)of the property that has sustained loss or damage.The value(s)to be used is the latest value(s)shown in the most recent Report of Values on file with us. However: a.If the most recent Report of Values shows less than the full value(s)of the property on the report dates,we will determine the deductible amount as a percentage of the full value(s) as of the report dates. b.If the first Report of Values is not filed with us prior to loss or damage,we will determine the deductible amount as a percentage of the applicable Limit(s)of Insurance. C.Calculation Of The Deductible - Blanket Insurance Other Than Builders' Risk 1.Property Not Subject To Value Reporting Forms In determining the amount,if any,that we will pay for loss or damage,we will deduct an amount equal to 1%,2%or 5%(as shown in the Schedule)of the value(s)of the property that has sustained loss or damage.The value(s)to be used is that shown in the most recent Statement of Values on file with us. 2.Property Subject To Value Reporting Forms In determining the amount,if any,that we will pay for property that has sustained loss or damage,we will deduct an amount equal to 1%,2%or 5%(as shown in the Schedule)of the value(s)of that property as of the time of loss or damage. D.Calculation Of The Deductible - Builders' Risk Insurance 1.Builders' Risk Other Than Reporting Form In determining the amount,if any,that we will pay for property that has sustained loss or damage,we will deduct an amount equal to 1%,2%or 5%(as shown in the Schedule)of the actual cash value(s)of that property as of the time of loss or damage. 2.Builders' Risk Reporting Form In determining the amount,if any,that we will pay for loss or damage,we will deduct an amount equal to 1%,2%or 5%(as shown in the Schedule)of the value(s)of the property that has sustained loss or damage.The value(s)to be used is the actual cash value(s) shown in the most recent Report of Values on file with us. However: a.If the most recent Report of Values shows less than the actual cash value(s)of the property on the report date,we will determine the deductible amount as a percentage of the actual cash value(s)as of the report date. b.If the first Report of Values is not filed with us prior to loss or damage,we will determine the deductible amount as a percentage of the actual cash value(s)of the property as of the time of loss or damage. Examples - Application Of Deductible Example 1 - Specific Insurance (B.1.) The amount of loss to the damaged building is $60,000. The value of the damaged building at time of loss is $100,000.The Coinsurance percentage shown in the Declarations is 80%;the minimum Limit of Insurance needed to meet the Coinsurance requirement is $80,000 (80% of $100,000). CP 03 21 10 12 © Insurance Services Office, Inc., 2011 Page 3 of 3 The actual Limit of Insurance on the damaged building is $70,000. The Deductible is 1%. Step (1):$70,000 ¸Error! AutoText entry not defined. $80,000 = .875 Step (2):$60,000 x .875 = $52,500 Step (3):$70,000 x 1% = $700 Step (4):$52,500 - $700 = $51,800 The most we will pay is $51,800.The remainder of the loss,$8,200,is not covered due to the Coinsurance penalty for inadequate insurance (Steps (1)and (2))and the application of the Deductible (Steps (3)and (4)). Example 2 - Specific Insurance (B.1.) The amounts of loss to the damaged property are $60,000 (Building)and $40,000 (Personal Property in building). The value of the damaged building at time of loss is $100,000.The value of the personal property in that building is $80,000.The Coinsurance percentage shown in the Declarations is 80%;the minimum Limits of Insurance needed to meet the Coinsurance requirement are $80,000 (80%of $100,000)for the building and $64,000 (80%of $80,000)for the personal property. The actual Limits of Insurance on the damaged property are $80,000 on the building and $64,000 on the personal property (therefore,no Coinsurance penalty). The Deductible is 2%. Building Step (1):$80,000 x 2% = $1,600 Step (2):$60,000 - $1,600 = $58,400 Personal Property Step (1):$64,000 x 2% = $1,280 Step (2):$40,000 - $1,280 = $38,720 The most we will pay is $97,120.The portion of the total loss not covered due to application of the Deductible is $2,880. Example 3 - Blanket Insurance (C.1.) The sum of the values of Building 1 ($500,000), Building 2 ($500,000)and Building 3 ($1,000,000),as shown in the most recent Statement of Values on file with us, is $2,000,000. The Coinsurance percentage shown in the Declarations is 90%;the minimum Blanket Limit of Insurance needed to meet the Coinsurance requirement is $1,800,000 (90% of $2,000,000). The actual Blanket Limit Of Insurance covering Buildings 1,2,and 3,shown in the Declarations,is $1,800,000 (therefore, no Coinsurance penalty). Buildings 1 and 2 have sustained damage;the amounts of loss to these buildings are $40,000 (Building 1) and $20,000 (Building 2). The Deductible is 2%. Building 1 Step (1):$500,000 x 2% = $10,000 Step (2):$40,000 - $10,000 = $30,000 Building 2 Step (1):$500,000 x 2% = $10,000 Step (2):$20,000 - $10,000 = $10,000 The most we will pay is $40,000.The portion of the total loss not covered due to application of the Deductible is $20,000. Example 4 - Blanket Insurance (C.1.) The sum of the values of Building 1 ($500,000), Building 2 ($500,000),Personal Property at Building 1 ($250,000)and Personal Property at Building 2 ($250,000),as shown in the most recent Statement of Values on file with us, is $1,500,000. The Coinsurance percentage shown in the Declarations is 90%;the minimum Blanket Limit of Insurance needed to meet the Coinsurance requirement is $1,350,000 (90% of $1,500,000). The actual Blanket Limit Of Insurance covering Buildings 1 and 2 and Personal Property at Buildings 1 and 2,shown in the Declarations,is $1,350,000. Therefore, there is no Coinsurance penalty. Building 1 and Personal Property at Building 1 have sustained damage;the amounts of loss are $95,000 (Building) and $5,000 (Personal Property). The Deductible is 5%. Building Step (1):$500,000 x 5% = $25,000 Step (2):$95,000 - $25,000 = $70,000 Personal Property Step (1):$250,000 x 5% = $12,500 The loss, $5,000, does not exceed the Deductible. The most we will pay is $70,000.The remainder of the building loss,$25,000,is not covered due to application of the Deductible.There is no loss payment for the personal property. COMMERCIAL PROPERTY CP 10 30 10 12 CAUSES OF LOSS - SPECIAL FORM_CP 10 30_10/12 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. CP 10 30 10 12 ã Insurance Services Office, Inc. 2011 Page 1 of 10 CAUSES OF LOSS - SPECIAL FORM Words and phrases that appear in quotation marks have special meaning. Refer to Section G. Definitions. A.Covered Causes Of Loss When Special is shown in the Declarations,Covered Causes of Loss means direct physical loss unless the loss is excluded or limited in this policy. B.Exclusions 1.We will not pay for loss or damage caused directly or indirectly by any of the following.Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. a.Ordinance Or Law The enforcement of or compliance with any ordinance or law: (1)Regulating the construction,use or repair of any property; or (2)Requiring the tearing down of any property,including the cost of removing its debris. This exclusion,Ordinance Or Law,applies whether the loss results from: (a)An ordinance or law that is enforced even if the property has not been damaged; or (b)The increased costs incurred to comply with an ordinance or law in the course of construction,repair,renovation, remodeling or demolition of property,or removal of its debris,following a physical loss to that property. b.Earth Movement (1)Earthquake,including tremors and aftershocks and any earth sinking,rising or shifting related to such event; (2)Landslide,including any earth sinking, rising or shifting related to such event; (3)Mine subsidence,meaning subsidence of a man-made mine,whether or not mining activity has ceased; (4)Earth sinking (other than sinkhole collapse),rising or shifting including soil conditions which cause settling,cracking or other disarrangement of foundations or other parts of realty.Soil conditions include contraction,expansion,freezing,thawing, erosion,improperly compacted soil and the action of water under the ground surface. But if Earth Movement,as described in b.(1) through (4)above,results in fire or explosion, we will pay for the loss or damage caused by that fire or explosion. (5)Volcanic eruption,explosion or effusion. But if volcanic eruption,explosion or effusion results in fire,building glass breakage or Volcanic Action,we will pay for the loss or damage caused by that fire, building glass breakage or Volcanic Action. Volcanic Action means direct loss or damage resulting from the eruption of a volcano when the loss or damage is caused by: (a)Airborne volcanic blast or airborne shock waves; (b)Ash, dust or particulate matter; or (c)Lava flow. With respect to coverage for Volcanic Action as set forth in (5)(a),(5)(b)and (5)(c),all volcanic eruptions that occur within any 168-hour period will constitute a single occurrence. Volcanic Action does not include the cost to remove ash,dust or particulate matter that does not cause direct physical loss or damage to the described property. This exclusion applies regardless of whether any of the above,in Paragraphs (1)through (5),is caused by an act of nature or is otherwise caused. Page 2 of 10 ã Insurance Services Office, Inc. 2011 CP 10 30 10 12 c.Governmental Action Seizure or destruction of property by order of governmental authority. But we will pay for loss or damage caused by or resulting from acts of destruction ordered by governmental authority and taken at the time of a fire to prevent its spread,if the fire would be covered under this Coverage Part. d.Nuclear Hazard Nuclear reaction or radiation,or radioactive contamination, however caused. But if nuclear reaction or radiation,or radioactive contamination,results in fire,we will pay for the loss or damage caused by that fire. e.Utility Services The failure of power,communication,water or other utility service supplied to the described premises, however caused, if the failure: (1)Originates away from the described premises; or (2)Originates at the described premises,but only if such failure involves equipment used to supply the utility service to the described premises from a source away from the described premises. Failure of any utility service includes lack of sufficient capacity and reduction in supply. Loss or damage caused by a surge of power is also excluded,if the surge would not have occurred but for an event causing a failure of power. But if the failure or surge of power,or the failure of communication,water or other utility service,results in a Covered Cause of Loss, we will pay for the loss or damage caused by that Covered Cause of Loss. Communication services include but are not limited to service relating to Internet access or access to any electronic,cellular or satellite network. f.War And Military Action (1)War, including undeclared or civil war; (2)Warlike action by a military force,including action in hindering or defending against an actual or expected attack,by any government,sovereign or other authority using military personnel or other agents; or (3)Insurrection,rebellion,revolution,usurped power,or action taken by governmental authority in hindering or defending against any of these. g.Water (1)Flood,surface water,waves (including tidal wave and tsunami),tides,tidal water, overflow of any body of water,or spray from any of these,all whether or not driven by wind (including storm surge); (2)Mudslide or mudflow; (3)Water that backs up or overflows or is otherwise discharged from a sewer,drain, sump, sump pump or related equipment; (4)Water under the ground surface pressing on, or flowing or seeping through: (a)Foundations,walls,floors or paved surfaces; (b)Basements, whether paved or not; or (c)Doors, windows or other openings; or (5)Waterborne material carried or otherwise moved by any of the water referred to in Paragraph (1),(3)or (4),or material carried or otherwise moved by mudslide or mudflow. This exclusion applies regardless of whether any of the above,in Paragraphs (1)through (5),is caused by an act of nature or is otherwise caused.An example of a situation to which this exclusion applies is the situation where a dam,levee,seawall or other boundary or containment system fails in whole or in part, for any reason, to contain the water. But if any of the above,in Paragraphs (1) through (5),results in fire,explosion or sprinkler leakage,we will pay for the loss or damage caused by that fire,explosion or sprinkler leakage (if sprinkler leakage is a Covered Cause of Loss). h."Fungus", Wet Rot, Dry Rot And Bacteria Presence,growth,proliferation,spread or any activity of "fungus", wet or dry rot or bacteria. But if "fungus",wet or dry rot or bacteria result in a "specified cause of loss",we will pay for the loss or damage caused by that "specified cause of loss". CP 10 30 10 12 ã Insurance Services Office, Inc. 2011 Page 3 of 10 This exclusion does not apply: (1)When "fungus",wet or dry rot or bacteria result from fire or lightning; or (2)To the extent that coverage is provided in the Additional Coverage,Limited Coverage For "Fungus",Wet Rot,Dry Rot And Bacteria,with respect to loss or damage by a cause of loss other than fire or lightning. Exclusions B.1.a.through B.1.h.apply whether or not the loss event results in widespread damage or affects a substantial area. 2.We will not pay for loss or damage caused by or resulting from any of the following: a.Artificially generated electrical,magnetic or electromagnetic energy that damages, disturbs,disrupts or otherwise interferes with any: (1)Electrical or electronic wire,device, appliance, system or network; or (2)Device,appliance,system or network utilizing cellular or satellite technology. For the purpose of this exclusion,electrical, magnetic or electromagnetic energy includes but is not limited to: (a)Electrical current, including arcing; (b)Electrical charge produced or conducted by a magnetic or electromagnetic field; (c)Pulse of electromagnetic energy; or (d)Electromagnetic waves or microwaves. But if fire results,we will pay for the loss or damage caused by that fire. b.Delay, loss of use or loss of market. c.Smoke,vapor or gas from agricultural smudging or industrial operations. d.(1)Wear and tear; (2)Rust or other corrosion,decay, deterioration,hidden or latent defect or any quality in property that causes it to damage or destroy itself; (3)Smog; (4)Settling, cracking, shrinking or expansion; (5)Nesting or infestation,or discharge or release of waste products or secretions,by insects, birds, rodents or other animals. (6)Mechanical breakdown,including rupture or bursting caused by centrifugal force.But if mechanical breakdown results in elevator collision,we will pay for the loss or damage caused by that elevator collision. (7)The following causes of loss to personal property: (a)Dampness or dryness of atmosphere; (b)Changes in or extremes of temperature; or (c)Marring or scratching. But if an excluded cause of loss that is listed in 2.d.(1)through (7)results in a "specified cause of loss"or building glass breakage,we will pay for the loss or damage caused by that "specified cause of loss"or building glass breakage. e.Explosion of steam boilers,steam pipes, steam engines or steam turbines owned or leased by you,or operated under your control. But if explosion of steam boilers,steam pipes, steam engines or steam turbines results in fire or combustion explosion,we will pay for the loss or damage caused by that fire or combustion explosion.We will also pay for loss or damage caused by or resulting from the explosion of gases or fuel within the furnace of any fired vessel or within the flues or passages through which the gases of combustion pass. f.Continuous or repeated seepage or leakage of water,or the presence or condensation of humidity,moisture or vapor,that occurs over a period of 14 days or more. g.Water,other liquids,powder or molten material that leaks or flows from plumbing, heating,air conditioning or other equipment (except fire protective systems)caused by or resulting from freezing, unless: (1)You do your best to maintain heat in the building or structure; or Page 4 of 10 ã Insurance Services Office, Inc. 2011 CP 10 30 10 12 (2)You drain the equipment and shut off the supply if the heat is not maintained. h.Dishonest or criminal act (including theft)by you,any of your partners,members,officers, managers,employees (including temporary employees and leased workers),directors, trustees or authorized representatives, whether acting alone or in collusion with each other or with any other party;or theft by any person to whom you entrust the property for any purpose,whether acting alone or in collusion with any other party. This exclusion: (1)Applies whether or not an act occurs during your normal hours of operation; (2)Does not apply to acts of destruction by your employees (including temporary employees and leased workers)or authorized representatives;but theft by your employees (including temporary employees and leased workers)or authorized representatives is not covered. i.Voluntary parting with any property by you or anyone else to whom you have entrusted the property if induced to do so by any fraudulent scheme, trick, device or false pretense. j.Rain,snow,ice or sleet to personal property in the open. k.Collapse,including any of the following conditions of property or any part of the property: (1)An abrupt falling down or caving in; (2)Loss of structural integrity,including separation of parts of the property or property in danger of falling down or caving in; or (3)Any cracking,bulging,sagging,bending, leaning,settling,shrinkage or expansion as such condition relates to (1)or (2) above. But if collapse results in a Covered Cause of Loss at the described premises,we will pay for the loss or damage caused by that Covered Cause of Loss. This exclusion,k., does not apply: (a)To the extent that coverage is provided under the Additional Coverage, Collapse; or (b)To collapse caused by one or more of the following: (i)The "specified causes of loss"; (ii)Breakage of building glass; (iii)Weight of rain that collects on a roof; or (iv)Weight of people or personal property. l.Discharge,dispersal,seepage,migration, release or escape of "pollutants"unless the discharge,dispersal,seepage,migration, release or escape is itself caused by any of the "specified causes of loss".But if the discharge,dispersal,seepage,migration, release or escape of "pollutants"results in a "specified cause of loss",we will pay for the loss or damage caused by that "specified cause of loss". This exclusion,I.,does not apply to damage to glass caused by chemicals applied to the glass. m.Neglect of an insured to use all reasonable means to save and preserve property from further damage at and after the time of loss. 3.We will not pay for loss or damage caused by or resulting from any of the following,3.a.through 3.c.But if an excluded cause of loss that is listed in 3.a.through 3.c.results in a Covered Cause of Loss,we will pay for the loss or damage caused by that Covered Cause of Loss. a.Weather conditions.But this exclusion only applies if weather conditions contribute in any way with a cause or event excluded in Paragraph 1.above to produce the loss or damage. b.Acts or decisions,including the failure to act or decide,of any person,group,organization or governmental body. c.Faulty, inadequate or defective: (1)Planning,zoning,development,surveying, siting; (2)Design,specifications,workmanship, repair,construction,renovation, remodeling, grading, compaction; (3)Materials used in repair,construction, renovation or remodeling; or (4)Maintenance; of part or all of any property on or off the described premises. CP 10 30 10 12 ã Insurance Services Office, Inc. 2011 Page 5 of 10 4.Special Exclusions The following provisions apply only to the specified Coverage Forms: a.Business Income (And Extra Expense) Coverage Form, Business Income (Without Extra Expense) Coverage Form, Or Extra Expense Coverage Form We will not pay for: (1)Any loss caused by or resulting from: (a)Damage or destruction of "finished stock"; or (b)The time required to reproduce "finished stock". This exclusion does not apply to Extra Expense. (2)Any loss caused by or resulting from direct physical loss or damage to radio or television antennas (including satellite dishes)and their lead-in wiring,masts or towers. (3)Any increase of loss caused by or resulting from: (a)Delay in rebuilding,repairing or replacing the property or resuming "operations",due to interference at the location of the rebuilding,repair or replacement by strikers or other persons; or (b)Suspension,lapse or cancellation of any license,lease or contract.But if the suspension,lapse or cancellation is directly caused by the "suspension"of "operations",we will cover such loss that affects your Business Income during the "period of restoration"and any extension of the "period of restoration"in accordance with the terms of the Extended Business Income Additional Coverage and the Extended Period Of Indemnity Optional Coverage or any variation of these. (4)Any Extra Expense caused by or resulting from suspension,lapse or cancellation of any license,lease or contract beyond the "period of restoration". (5)Any other consequential loss. b.Leasehold Interest Coverage Form (1)Paragraph B.1.a.,Ordinance Or Law,does not apply to insurance under this Coverage Form. (2)We will not pay for any loss caused by: (a)Your cancelling the lease; (b)The suspension,lapse or cancellation of any license; or (c)Any other consequential loss. c.Legal Liability Coverage Form (1)The following exclusions do not apply to insurance under this Coverage Form: (a)Paragraph B.1.a. Ordinance Or Law; (b)Paragraph B.1.c. Governmental Action; (c)Paragraph B.1.d. Nuclear Hazard; (d)Paragraph B.1.e. Utility Services; and (e)Paragraph B.1.f.War And Military Action. (2)The following additional exclusions apply to insurance under this Coverage Form: (a)Contractual Liability We will not defend any claim or "suit", or pay damages that you are legally liable to pay,solely by reason of your assumption of liability in a contract or agreement.But this exclusion does not apply to a written lease agreement in which you have assumed liability for building damage resulting from an actual or attempted burglary or robbery, provided that: (i)Your assumption of liability was executed prior to the accident; and (ii)The building is Covered Property under this Coverage Form. (b)Nuclear Hazard We will not defend any claim or "suit", or pay any damages,loss,expense or obligation,resulting from nuclear reaction or radiation,or radioactive contamination, however caused. Page 6 of 10 ã Insurance Services Office, Inc. 2011 CP 10 30 10 12 5.Additional Exclusion The following provisions apply only to the specified property: Loss Or Damage To Products We will not pay for loss or damage to any merchandise,goods or other product caused by or resulting from error or omission by any person or entity (including those having possession under an arrangement where work or a portion of the work is outsourced)in any stage of the development,production or use of the product, including planning,testing,processing, packaging,installation,maintenance or repair. This exclusion applies to any effect that compromises the form,substance or quality of the product.But if such error or omission results in a Covered Cause of Loss,we will pay for the loss or damage caused by that Covered Cause of Loss. C.Limitations The following limitations apply to all policy forms and endorsements, unless otherwise stated: 1.We will not pay for loss of or damage to property, as described and limited in this section.In addition,we will not pay for any loss that is a consequence of loss or damage as described and limited in this section. a.Steam boilers,steam pipes,steam engines or steam turbines caused by or resulting from any condition or event inside such equipment. But we will pay for loss of or damage to such equipment caused by or resulting from an explosion of gases or fuel within the furnace of any fired vessel or within the flues or passages through which the gases of combustion pass. b.Hot water boilers or other water heating equipment caused by or resulting from any condition or event inside such boilers or equipment, other than an explosion. c.The interior of any building or structure,or to personal property in the building or structure, caused by or resulting from rain,snow,sleet, ice,sand or dust,whether driven by wind or not, unless: (1)The building or structure first sustains damage by a Covered Cause of Loss to its roof or walls through which the rain,snow, sleet, ice, sand or dust enters; or (2)The loss or damage is caused by or results from thawing of snow,sleet or ice on the building or structure. d.Building materials and supplies not attached as part of the building or structure,caused by or resulting from theft. However, this limitation does not apply to: (1)Building materials and supplies held for sale by you,unless they are insured under the Builders Risk Coverage Form; or (2)Business Income Coverage or Extra Expense Coverage. e.Property that is missing,where the only evidence of the loss or damage is a shortage disclosed on taking inventory,or other instances where there is no physical evidence to show what happened to the property. f.Property that has been transferred to a person or to a place outside the described premises on the basis of unauthorized instructions. g.Lawns,trees,shrubs or plants which are part of a vegetated roof,caused by or resulting from: (1)Dampness or dryness of atmosphere or of soil supporting the vegetation; (2)Changes in or extremes of temperature; (3)Disease; (4)Frost or hail; or (5)Rain, snow, ice or sleet. 2.We will not pay for loss of or damage to the following types of property unless caused by the "specified causes of loss"or building glass breakage: a.Animals,and then only if they are killed or their destruction is made necessary. b.Fragile articles such as statuary,marbles, chinaware and porcelains,if broken.This restriction does not apply to: (1)Glass; or (2)Containers of property held for sale. c.Builders'machinery,tools and equipment owned by you or entrusted to you,provided such property is Covered Property. However, this limitation does not apply: (1)If the property is located on or within 100 feet of the described premises,unless the premises is insured under the Builders Risk Coverage Form; or (2)To Business Income Coverage or to Extra Expense Coverage. CP 10 30 10 12 ã Insurance Services Office, Inc. 2011 Page 7 of 10 3.The special limit shown for each category,a. through d.,is the total limit for loss of or damage to all property in that category.The special limit applies to any one occurrence of theft,regardless of the types or number of articles that are lost or damaged in that occurrence.The special limits are (unless a higher limit is shown in the Declarations): a.$2,500 for furs,fur garments and garments trimmed with fur. b.$2,500 for jewelry,watches,watch movements,jewels,pearls,precious and semiprecious stones,bullion,gold,silver, platinum and other precious alloys or metals. This limit does not apply to jewelry and watches worth $100 or less per item. c.$2,500 for patterns, dies, molds and forms. d.$250 for stamps,tickets,including lottery tickets held for sale, and letters of credit. These special limits are part of,not in addition to, the Limit of Insurance applicable to the Covered Property. This limitation,C.3.,does not apply to Business Income Coverage or to Extra Expense Coverage. 4.We will not pay the cost to repair any defect to a system or appliance from which water,other liquid,powder or molten material escapes.But we will pay the cost to repair or replace damaged parts of fire-extinguishing equipment if the damage: a.Results in discharge of any substance from an automatic fire protection system; or b.Is directly caused by freezing. However,this limitation does not apply to Business Income Coverage or to Extra Expense Coverage. D.Additional Coverage - Collapse The coverage provided under this Additional Coverage,Collapse,applies only to an abrupt collapse as described and limited in D.1.through D.7. 1.For the purpose of this Additional Coverage, Collapse,abrupt collapse means an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its intended purpose. 2.We will pay for direct physical loss or damage to Covered Property,caused by abrupt collapse of a building or any part of a building that is insured under this Coverage Form or that contains Covered Property insured under this Coverage Form,if such collapse is caused by one or more of the following: a.Building decay that is hidden from view, unless the presence of such decay is known to an insured prior to collapse; b.Insect or vermin damage that is hidden from view,unless the presence of such damage is known to an insured prior to collapse; c.Use of defective material or methods in construction,remodeling or renovation if the abrupt collapse occurs during the course of the construction, remodeling or renovation. d.Use of defective material or methods in construction,remodeling or renovation if the abrupt collapse occurs after the construction, remodeling or renovation is complete,but only if the collapse is caused in part by: (1)A cause of loss listed in 2.a. or 2.b.; (2)One or more of the "specified causes of loss"; (3)Breakage of building glass; (4)Weight of people or personal property; or (5)Weight of rain that collects on a roof. 3.This Additional Coverage -Collapse does not apply to: a.A building or any part of a building that is in danger of falling down or caving in; b.A part of a building that is standing,even if it has separated from another part of the building; or c.A building that is standing or any part of a building that is standing,even if it shows evidence of cracking,bulging,sagging, bending,leaning,settling,shrinkage or expansion. 4.With respect to the following property: a.Outdoor radio or television antennas (including satellite dishes)and their lead-in wiring, masts or towers; Page 8 of 10 ã Insurance Services Office, Inc. 2011 CP 10 30 10 12 b.Awnings, gutters and downspouts; c.Yard fixtures; d.Outdoor swimming pools; e.Fences; f.Piers, wharves and docks; g.Beach or diving platforms or appurtenances; h.Retaining walls; and i.Walks, roadways and other paved surfaces; if an abrupt collapse is caused by a cause of loss listed in 2.a.through 2.d.,we will pay for loss or damage to that property only if: (1)Such loss or damage is a direct result of the abrupt collapse of a building insured under this Coverage Form; and (2)The property is Covered Property under this Coverage Form. 5.If personal property abruptly falls down or caves in and such collapse is not the result of abrupt collapse of a building,we will pay for loss or damage to Covered Property caused by such collapse of personal property only if: a.The collapse of personal property was caused by a cause of loss listed in 2.a. through 2.d.; b.The personal property which collapses is inside a building; and c.The property which collapses is not of a kind listed in 4.,regardless of whether that kind of property is considered to be personal property or real property. The coverage stated in this Paragraph 5.does not apply to personal property if marring and/or scratching is the only damage to that personal property caused by the collapse. 6.This Additional Coverage,Collapse,does not apply to personal property that has not abruptly fallen down or caved in,even if the personal property shows evidence of cracking,bulging, sagging,bending,leaning,settling,shrinkage or expansion. 7.This Additional Coverage,Collapse,will not increase the Limits of Insurance provided in this Coverage Part. 8.The term Covered Cause of Loss includes the Additional Coverage,Collapse,as described and limited in D.1. through D.7. E.Additional Coverage - Limited Coverage For "Fungus", Wet Rot, Dry Rot And Bacteria 1.The coverage described in E.2.and E.6.only applies when the "fungus",wet or dry rot or bacteria are the result of one or more of the following causes that occur during the policy period and only if all reasonable means were used to save and preserve the property from further damage at the time of and after that occurrence: a.A "specified cause of loss"other than fire or lightning; or b.Flood,if the Flood Coverage Endorsement applies to the affected premises. This Additional Coverage does not apply to lawns,trees,shrubs or plants which are part of a vegetated roof. 2.We will pay for loss or damage by "fungus",wet or dry rot or bacteria.As used in this Limited Coverage, the term loss or damage means: a.Direct physical loss or damage to Covered Property caused by "fungus",wet or dry rot or bacteria,including the cost of removal of the "fungus", wet or dry rot or bacteria; b.The cost to tear out and replace any part of the building or other property as needed to gain access to the "fungus",wet or dry rot or bacteria; and c.The cost of testing performed after removal, repair,replacement or restoration of the damaged property is completed,provided there is a reason to believe that "fungus",wet or dry rot or bacteria are present. 3.The coverage described under E.2.of this Limited Coverage is limited to $15,000.Regardless of the number of claims,this limit is the most we will pay for the total of all loss or damage arising out of all occurrences of "specified causes of loss"(other than fire or lightning)and Flood which take place in a 12-month period (starting with the beginning of the present annual policy period).With respect to a particular occurrence of loss which results in "fungus",wet or dry rot or bacteria,we will not pay more than a total of $15,000 even if the "fungus",wet or dry rot or bacteria continue to be present or active, or recur, in a later policy period. CP 10 30 10 12 ã Insurance Services Office, Inc. 2011 Page 9 of 10 4.The coverage provided under this Limited Coverage does not increase the applicable Limit of Insurance on any Covered Property.If a particular occurrence results in loss or damage by "fungus",wet or dry rot or bacteria,and other loss or damage,we will not pay more,for the total of all loss or damage,than the applicable Limit of Insurance on the affected Covered Property. If there is covered loss or damage to Covered Property,not caused by "fungus",wet or dry rot or bacteria,loss payment will not be limited by the terms of this Limited Coverage,except to the extent that "fungus",wet or dry rot or bacteria cause an increase in the loss.Any such increase in the loss will be subject to the terms of this Limited Coverage. 5.The terms of this Limited Coverage do not increase or reduce the coverage provided under Paragraph F.2.(Water Damage,Other Liquids, Powder Or Molten Material Damage)of this Causes Of Loss form or under the Additional Coverage, Collapse. 6.The following,6.a.or 6.b.,applies only if Business Income and/or Extra Expense Coverage applies to the described premises and only if the "suspension"of "operations"satisfies all terms and conditions of the applicable Business Income and/or Extra Expense Coverage Form: a.If the loss which resulted in "fungus",wet or dry rot or bacteria does not in itself necessitate a "suspension"of "operations", but such "suspension"is necessary due to loss or damage to property caused by "fungus",wet or dry rot or bacteria,then our payment under Business Income and/or Extra Expense is limited to the amount of loss and/or expense sustained in a period of not more than 30 days.The days need not be consecutive. b.If a covered "suspension"of "operations"was caused by loss or damage other than "fungus",wet or dry rot or bacteria but remediation of "fungus",wet or dry rot or bacteria prolongs the "period of restoration", we will pay for loss and/or expense sustained during the delay (regardless of when such a delay occurs during the "period of restoration"),but such coverage is limited to 30 days. The days need not be consecutive. F.Additional Coverage Extensions 1.Property In Transit 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 100 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 of 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.It does not mean your vehicle's contact with the roadbed. (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 $5,000. This Coverage Extension is additional insurance. The Additional Condition,Coinsurance,does not apply to this Extension. 2.Water Damage, Other Liquids, Powder Or Molten Material Damage If loss or damage caused by or resulting from covered water or other liquid,powder or molten material damage loss occurs,we will also pay the cost to tear out and replace any part of the building or structure to repair damage to the system or appliance from which the water or other substance escapes.This Coverage Extension does not increase the Limit of Insurance. 3.Glass a.We will pay for expenses incurred to put up temporary plates or board up openings if repair or replacement of damaged glass is delayed. Page 10 of 10 ã Insurance Services Office, Inc. 2011 CP 10 30 10 12 b.We will pay for expenses incurred to remove or replace obstructions when repairing or replacing glass that is part of a building.This does not include removing or replacing window displays. This Coverage Extension F.3.does not increase the Limit of Insurance. G.Definitions 1."Fungus"means any type or form of fungus, including mold or mildew,and any mycotoxins, spores,scents or by-products produced or released by fungi. 2."Specified causes of loss"means the following: fire;lightning;explosion;windstorm or hail; smoke;aircraft or vehicles;riot or civil commotion;vandalism;leakage from fire- extinguishing equipment;sinkhole collapse; volcanic action;falling objects;weight of snow, ice or sleet; water damage. a.Sinkhole collapse means the sudden sinking or collapse of land into underground empty spaces created by the action of water on limestone or dolomite.This cause of loss does not include: (1)The cost of filling sinkholes; or (2)Sinking or collapse of land into man-made underground cavities. b.Falling objects does not include loss or damage to: (1)Personal property in the open; or (2)The interior of a building or structure,or property inside a building or structure, unless the roof or an outside wall of the building or structure is first damaged by a falling object. c.Water damage means: (1)Accidental discharge or leakage of water or steam as the direct result of the breaking apart or cracking of a plumbing, heating,air conditioning or other system or appliance (other than a sump system including its related equipment and parts), that is located on the described premises and contains water or steam; and (2)Accidental discharge or leakage of water or waterborne material as the direct result of the breaking apart or cracking of a water or sewer pipe that is located off the described premises and is part of a municipal potable water supply system or municipal sanitary sewer system,if the breakage or cracking is caused by wear and tear. But water damage does not include loss or damage otherwise excluded under the terms of the Water Exclusion.Therefore,for example,there is no coverage under this policy in the situation in which discharge or leakage of water results from the breaking apart or cracking of a pipe which was caused by or related to weather-induced flooding, even if wear and tear contributed to the breakage or cracking.As another example, and also in accordance with the terms of the Water Exclusion,there is no coverage for loss or damage caused by or related to weather- induced flooding which follows or is exacerbated by pipe breakage or cracking attributable to wear and tear. To the extent that accidental discharge or leakage of water falls within the criteria set forth in c.(1)or c.(2)of this definition of "specified causes of loss,"such water is not subject to the provisions of the Water Exclusion which preclude coverage for surface water or water under the surface of the ground. COMMERCIAL PROPERTY CP 10 36 10 12 LIMITATIONS ON COVERAGE FOR ROOF SURFACING_CP 10 36_10/12 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. CP 10 36 10 12 © Insurance Services Office, Inc., 2011 Page 1 of 1 LIMITATIONS ON COVERAGE FOR ROOF SURFACING This endorsement modifies insurance provided under the following: BUILDERS RISK COVERAGE FORM BUILDING AND PERSONAL PROPERTY COVERAGE FORM CONDOMINIUM ASSOCIATION COVERAGE FORM CONDOMINIUM COMMERCIAL UNIT-OWNERS COVERAGE FORM STANDARD PROPERTY POLICY SCHEDULE Premises Number Building Number Indicate Applicability (Paragraph A. and/or Paragraph B.) 1 1 Paragraph B 2 1 Paragraph B 3 1 Paragraph B 4 1 Paragraph B Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.The following applies with respect to loss or damage by a Covered Cause of Loss (including wind and hail if covered)to a building or structure identified in the Schedule as being subject to this Paragraph A.: Replacement Cost coverage (if otherwise applicable to such property)does not apply to roof surfacing.Instead,we will determine the value of roof surfacing at actual cash value as of the time of loss or damage. B.The following applies with respect to loss or damage by wind and/or hail to a building or structure identified in the Schedule as being subject to this Paragraph B.: We will not pay for cosmetic damage to roof surfacing caused by wind and/or hail.For the purpose of this endorsement,cosmetic damage means that the wind and/or hail caused marring, pitting or other superficial damage that altered the appearance of the roof surfacing,but such damage does not prevent the roof from continuing to function as a barrier to entrance of the elements to the same extent as it did before the cosmetic damage occurred. C.For the purpose of this endorsement,roof surfacing refers to the shingles,tiles,cladding, metal or synthetic sheeting or similar materials covering the roof and includes all materials used in securing the roof surface and all materials applied to or under the roof surface for moisture protection, as well as roof flashing. COMMERCIAL PROPERTY CP 10 40 10 12 EARTHQUAKE AND VOLCANIC ERUPTION ENDORSEMENT_CP 10 40_10/12 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. CP 10 40 10 12 ã Insurance Services Office, Inc. 2011 Page 1 of 5 EARTHQUAKE AND VOLCANIC ERUPTION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL PROPERTY COVERAGE PART STANDARD PROPERTY POLICY A.When this endorsement is attached to the Standard Property Policy,the terms Coverage Part and Coverage Form in this endorsement are replaced by the term Policy. B.This endorsement applies to the Covered Property and Coverages for which an Earthquake Volcanic Eruption Limit Of Insurance is shown in the Declarations. C.Additional Covered Causes Of Loss 1.The following are added to the Covered Causes Of Loss: a.Earthquake. b.Volcanic Eruption,meaning the eruption, explosion or effusion of a volcano. All Earthquake shocks or Volcanic Eruptions that occur within any 168-hour period will constitute a single Earthquake or Volcanic Eruption.The expiration of this policy will not reduce the 168-hour period. 2.If the Declarations indicate that this endorsement covers Earthquake Sprinkler Leakage Only,then the Covered Causes of Loss in Paragraph C.1.of this endorsement do not apply, and the following apply instead: a.Sprinkler Leakage resulting from Earthquake. b.Sprinkler Leakage resulting from Volcanic Eruption.Volcanic Eruption means the eruption, explosion or effusion of a volcano. All Earthquake shocks or Volcanic Eruptions that occur within any 168-hour period will constitute a single Earthquake or Volcanic Eruption.The expiration of this policy will not reduce the 168-hour period. D.Exclusions, Limitations And Related Provisions 1.The Exclusions and Limitation(s)sections of the Causes Of Loss Form (and the Exclusions section of the Mortgageholders Errors And Omissions Coverage Form and the Standard Property Policy)apply to coverage provided under this endorsement,except as provided in D.2. and D.3. below. 2.To the extent that the Earth Movement Exclusion might conflict with coverage provided under this endorsement,the Earth Movement Exclusion does not apply. 3.The exclusion of collapse,in the Causes Of Loss -Special Form and Mortgageholders Errors And Omissions Coverage Form,does not apply to collapse caused by Earthquake or Volcanic Eruption. 4.The Additional Coverage -Collapse,in the Causes Of Loss -Broad Form,Causes Of Loss -Special Form and Mortgageholders Errors And Omissions Coverage Form,does not apply to the coverage provided under this endorsement. This endorsement includes coverage for collapse caused by Earthquake or Volcanic Eruption. 5.We will not pay for loss or damage caused directly or indirectly by tidal wave or tsunami, even if attributable to an Earthquake or Volcanic Eruption. 6.We will not pay for loss or damage caused by or resulting from any Earthquake or Volcanic Eruption that begins before the inception of this insurance. 7.The Ordinance Or Law Exclusion in this Coverage Part continues to apply with respect to any loss under this Coverage Part including any loss under this endorsement,unless Ordinance Or Law Coverage is added by endorsement. Page 2 of 5 ã Insurance Services Office, Inc. 2011 CP 10 40 10 12 8.We will not pay for loss of or damage to exterior masonry veneer (except stucco)on wood frame walls caused by or resulting from Earthquake or Volcanic Eruption.The value of such veneer will not be included in the value of Covered Property or the amount of loss when applying the Property Damage Deductible applicable to this endorsement. This limitation,D.8., does not apply if: a.The Declarations indicate that the "Including Masonry Veneer"option applies or the premises description in the Declarations specifically states "Including Masonry Veneer"; or b.Less than 10%of the total outside wall area is faced with masonry veneer (excluding stucco). 9.Under this Coverage Part,as set forth under Property Not Covered in the Coverage Form to which this endorsement is attached,land is not covered property,nor is the cost of excavations, grading,backfilling or filling.Therefore, coverage under this endorsement does not include the cost of restoring or remediating land. E.Property Damage Deductible 1.The provisions of Section E.3.of this endorsement are applicable to all Coverage Forms except: a.Business Income (And Extra Expense) Coverage Form; b.Business Income (Without Extra Expense) Coverage Form; c.Extra Expense Coverage Form. 2.If the Declarations indicate that this endorsement covers Earthquake -Sprinkler Leakage Only,then the Deductible set forth in Section E.3.of this endorsement does not apply to such coverage.The applicable Deductible for such coverage is the same Deductible that applies to Fire. 3.The Deductible,if any,in this Coverage Part is replaced by the following with respect to Earthquake and Volcanic Eruption: a.All Policies (1)The Deductible provisions apply to each Earthquake or Volcanic Eruption. (2)Separate Deductibles are calculated for, and apply to,each building,personal property at each building and personal property in the open.Deductibles are separately calculated and applied even if: (a)Two or more buildings sustain loss or damage; (b)Personal property at two or more buildings sustains loss or damage; and/or (c)A building and the personal property in that building sustain loss or damage. (3)We will not pay for loss or damage until the amount of loss or damage exceeds the applicable Deductible.We will then pay the amount of loss or damage in excess of that Deductible,up to the applicable Limit of Insurance,after any reduction required by any of the following:Coinsurance Condition,Agreed Value Optional Coverage,Additional Condition -Need For Adequate Insurance or Additional Condition Need For Full Reports. (4)When property is covered under the Coverage Extension for Newly Acquired or Constructed Property:In determining the amount,if any,that we will pay for loss or damage,we will deduct an amount equal to a percentage of the value of the property at time of loss.The applicable percentage for Newly Acquired or Constructed Property is the highest percentage shown in the Declarations for any described premises. (5)If there is loss or damage caused by Earthquake or Volcanic Eruption,and loss or damage caused by a Cause of Loss (e.g.,fire)that is covered by means of an exception to the Earth Movement Exclusion,then the only applicable Deductible provisions are those stated in this endorsement. CP 10 40 10 12 ã Insurance Services Office, Inc. 2011 Page 3 of 5 b.Calculation Of The Deductible - Specific Insurance Other Than Builders Risk (1)Property Not Subject To Value Reporting Forms In determining the amount,if any,that we will pay for loss or damage,we will deduct an amount equal to a percentage (as shown in the Declarations, concerning the Earthquake -Volcanic Eruption Deductible)of the Limit of Insurance applicable to the property that has sustained loss or damage. (2)Property Subject To Value Reporting Forms In determining the amount,if any,that we will pay for loss or damage,we will deduct an amount equal to a percentage (as shown in the Declarations, concerning the Earthquake -Volcanic Eruption Deductible)of the value of the property that has sustained loss or damage.The value to be used is the latest value shown in the most recent Report of Values on file with us. However: (a)If the most recent Report of Values shows less than the full value of the property on the report dates,we will determine the deductible amount as a percentage of the full value as of the report dates. (b)If the first Report of Values is not filed with us prior to loss or damage,we will determine the deductible amount as a percentage of the applicable Limit of Insurance. c.Calculation Of The Deductible - Blanket Insurance Other Than Builders Risk (1)Property Not Subject To Value Reporting Forms In determining the amount,if any,that we will pay for loss or damage,we will deduct an amount equal to a percentage (as shown in the Declarations, concerning the Earthquake -Volcanic Eruption Deductible)of the value of the property that has sustained loss or damage.The value to be used is that shown in the most recent Statement of Values on file with us. (2)Property Subject To Value Reporting Forms In determining the amount,if any,that we will pay for property that has sustained loss or damage,we will deduct an amount equal to a percentage (as shown in the Declarations,concerning the Earthquake -Volcanic Eruption Deductible)of the value of that property as of the time of loss or damage. d.Calculation Of The Deductible - Builders Risk Insurance (1)Builders Risk Other Than Reporting Form In determining the amount,if any,that we will pay for property that has sustained loss or damage,we will deduct an amount equal to a percentage (as shown in the Declarations,concerning the Earthquake -Volcanic Eruption Deductible)of the actual cash value of that property as of the time of loss or damage. (2)Builders Risk Reporting Form In determining the amount,if any,that we will pay for loss or damage,we will deduct an amount equal to a percentage (as shown in the Declarations, concerning the Earthquake -Volcanic Eruption Deductible)of the value of the property that has sustained loss or damage.The value to be used is the actual cash value shown in the most recent Report of Values on file with us. However: (a)If the most recent Report of Values shows less than the actual cash value of the property on the report date,we will determine the deductible amount as a percentage of the actual cash value as of the report date. (b)If the first Report of Values is not filed with us prior to loss or damage,we will determine the deductible amount as a percentage of the actual cash value of the property as of the time of loss or damage. Page 4 of 5 ã Insurance Services Office, Inc. 2011 CP 10 40 10 12 F.Examples - Application Of Deductible In E.3.: EXAMPLE 1 - SPECIFIC INSURANCE (E.3.b.(1)) The amount of loss to the damaged building is $60,000. The value of the damaged building at time of loss is $100,000.The Coinsurance percentage shown in the Declarations is 80%;the minimum Limit of Insurance needed to meet the Coinsurance requirement is $80,000 (80% of $100,000). The actual Limit of Insurance on the damaged building is $70,000. The Deductible is 5%. Step (1):$70,000 ¸Error! AutoText entry not defined. $80,000 = .875 Step (2):$60,000 X .875 = $52,500 Step (3):$70,000 X 5% = $3,500 Step (4):$52,500 - $3,500 = $49,000 The most we will pay is $49,000.The remainder of the loss,$11,000,is not covered due to the Coinsurance penalty for inadequate insurance (steps (1)and (2))and the application of the Deductible (steps (3)and (4)). EXAMPLE 2 - SPECIFIC INSURANCE (E.3.b.(1)) The amounts of loss to the damaged property are $60,000 (building)and $40,000 (business personal property in building). The value of the damaged building at time of loss is $100,000.The value of the business personal property in that building is $80,000.The Coinsurance percentage shown in the Declarations is 80%;the minimum Limits of Insurance needed to meet the Coinsurance requirement are $80,000 (80%of $100,000)for the building and $64,000 (80%of $80,000)for the business personal property. The actual Limits of Insurance on the damaged property are $80,000 on the building and $64,000 on the business personal property (therefore no Coinsurance penalty). The Deductible is 10%. Building 1 Step (1):$80,000 X 10% = $8,000 Step (2):$60,000 - $8,000 = $52,000 Business Personal Property Step (1):$64,000 X 10% = $6,400 Step (2):$40,000 - $6,400 = $33,600 The most we will pay is $85,600.That portion of the total loss not covered due to application of the Deductible is $14,400. EXAMPLE 3 - BLANKET INSURANCE (E.3.c.(1)) The sum of the values of Building 1 ($500,000), Building 2 ($500,000)and Building 3 ($1,000,000), as shown in the most recent Statement of Values on file with us, is $2,000,000. The Coinsurance percentage shown in the Declarations is 90%;the minimum Blanket Limit of Insurance needed to meet the Coinsurance requirement is $1,800,000 (90% of $2,000,000). The actual Blanket Limit of Insurance covering Buildings 1,2,and 3,shown in the Declarations,is $1,800,000 (therefore no Coinsurance penalty). Buildings 1 and 2 have sustained damage;the amounts of loss to these buildings are $40,000 (Building 1) and $60,000 (Building 2). The Deductible is 5%. Building 1 Step (1):$500,000 X 5% = $25,000 Step (2):$40,000 - $25,000 = $15,000 Building 2 Step (1):$500,000 X 5% = $25,000 Step (2):$60,000 - $25,000 = $35,000 The most we will pay is $50,000.That portion of the total loss not covered due to application of the Deductible is $50,000. EXAMPLE 4 - BLANKET INSURANCE (E.3.c.(1)) The sum of the values of Building 1 ($500,000), Building 2 ($500,000),Business Personal Property at Building 1 ($250,000)and Business Personal Property at Building 2 ($250,000),as shown in the most recent Statement of Values on file with us,is $1,500,000. The Coinsurance percentage shown in the Declarations is 90%;the minimum Blanket Limit of Insurance needed to meet the Coinsurance requirement is $1,350,000 (90% of $1,500,000). The actual Blanket Limit of Insurance covering Buildings 1 and 2 and Business Personal Property at Buildings 1 and 2,shown in the Declarations,is $1,350,000.Therefore there is no Coinsurance penalty. CP 10 40 10 12 ã Insurance Services Office, Inc. 2011 Page 5 of 5 Building 1 and Business Personal Property at Building 1 have sustained damage;the amounts of loss are $95,000 (Building)and $5,000 (Business Personal Property). The Deductible is 10%. Building Step (1):$500,000 X 10% = $50,000 Step (2):$95,000 - $50,000 = $45,000 Business Personal Property Step (1):$250,000 X 10% = $25,000 The loss, $5,000, does not exceed the deductible. The most we will pay is $45,000.The remainder of the building loss,$50,000,is not covered due to application of the Deductible.There is no loss payment for the business personal property. G.Business Income And Extra Expense Period Of Restoration This Section G.is applicable only to the Coverage Forms specified below: 1.Business Income (And Extra Expense) Coverage Form; 2.Business Income (Without Extra Expense) Coverage Form; 3.Extra Expense Coverage Form. The "period of restoration"definition stated in the Coverage Form,or in any endorsement amending the beginning of the "period of restoration",applies to each Earthquake or Volcanic Eruption.A single Earthquake or Volcanic Eruption is defined in Section C. of this endorsement. COMMERCIAL PROPERTY CP 10 65 10 12 FLOOD COVERAGE ENDORSEMENT_CP 10 65_10/12 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. CP 10 65 10 12 ã Insurance Services Office, Inc. 2011 Page 1 of 4 FLOOD COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL PROPERTY COVERAGE PART STANDARD PROPERTY POLICY A.When this endorsement is attached to the Standard Property Policy,the terms Coverage Part and Coverage Form in this endorsement are replaced by the term Policy. B.This endorsement applies to the Covered Property and Coverages for which a Flood Limit Of Insurance is shown in the Flood Coverage Schedule or in the Declarations. C.Additional Covered Cause Of Loss The following is added to the Covered Causes of Loss: Flood,meaning a general and temporary condition of partial or complete inundation of normally dry land areas due to: 1.The overflow of inland or tidal waters; 2.The unusual or rapid accumulation or runoff of surface waters from any source; or 3.Mudslides or mudflows which are caused by flooding as defined in C.2.above.For the purpose of this Covered Cause of Loss,a mudslide or mudflow involves a river of liquid and flowing mud on the surface of normally dry land areas as when earth is carried by a current of water and deposited along the path of the current. All flooding in a continuous or protracted event will constitute a single flood. D.Exclusions, Limitations And Related Provisions 1.The Exclusions and Limitation(s)sections of the Causes Of Loss form (and the Exclusions section of the Mortgageholders Errors And Omissions Coverage Form and the Standard Property Policy)apply to coverage provided under this endorsement except as provided in D.2. and D.3. below. 2.To the extent that a part of the Water Exclusion might conflict with coverage provided under this endorsement,that part of the Water Exclusion does not apply. 3.To the extent that a tsunami causes the overflow of tidal waters,the exclusion of earthquake,in the Earth Movement Exclusion, does not apply. 4.The Ordinance Or Law Exclusion in this Coverage Part continues to apply with respect to any loss under this Coverage Part including any loss under this endorsement,unless Ordinance Or Law Coverage is added by endorsement. 5.The following exclusions and limitations are added and apply to coverage under this endorsement: a.We will not pay for any loss or damage caused by or resulting from any Flood that begins before or within 72 hours after the inception date of this endorsement. However,this limitation does not apply to a particular location if Flood coverage was in effect for that location for at least 72 hours immediately prior to the inception date of this endorsement,under a policy issued by us or by another insurer,and this policy replaces the previous policy without a lapse in coverage.If you request and we provide an increase in the stated Limit of Insurance for Flood during the term of this policy,with the exception of an increase at the time of renewal of the policy,the increase will not apply to loss or damage from any Flood that begins before or within 72 hours after your request was made. If the Flood is due to the overflow of inland or tidal waters,then the Flood is considered to begin when the water first overflows its banks. Page 2 of 4 © Insurance Services Office, Inc., 2011 CP 10 65 10 12 b.We will not pay for loss or damage caused by or resulting from destabilization of land arising from the accumulation of water in subsurface land areas. c.Under this Coverage Part,as set forth under Property Not Covered in the Coverage Form to which this endorsement is attached,land is not covered property,nor is the cost of excavations,grading,backfilling or filling. Therefore,coverage under this endorsement does not include the cost of restoring or remediating land due to the collapse or sinking of land caused by or resulting from Flood.However,coverage under this endorsement includes damage to the covered portions of the building and to covered personal property,caused by collapse or sinking of land along the shore of a body of water as the result of erosion or undermining caused by waves or currents of water which exceed the cyclical levels and cause Flood. d.We do not cover loss or damage by Flood to personal property in the open except to the extent that such coverage,if any,is specified in the Flood Coverage Schedule or in the Declarations. e.Property Not Covered,in the Coverage Form to which this endorsement is attached, is amended and supplemented as follows with respect to Flood Coverage: (1)Property Not Covered includes any building or other property that is not eligible for flood insurance pursuant to the provisions of the Coastal Barrier Resources Act,16 U.S.C.3501 et seq. and the Coastal Barrier Improvement Act of 1990,Pub.L.101-591,16 U.S.C. 3501 et seq. (2)Property Not Covered includes boat houses and open structures,and any property in or on the foregoing,if the structure is located on or over a body of water. (3)If bulkheads,pilings,piers,wharves, docks,or retaining walls that are not part of a building,have been removed from Property Not Covered and added as Covered Property by separate endorsement,this Flood Coverage Endorsement does not apply to such property. (4)The following are removed from Property Not Covered and are therefore Covered Property: (a)Foundations below the lowest basement floor or the subsurface of the ground; and (b)Underground pipes, flues and drains. f.We will not pay for loss or damage caused by discharge of water or waterborne material from a sewer,drain or sump unless such discharge results from Flood and occurs within 72 hours after the Flood recedes. E.Additional Coverages And Coverage Extensions 1.With respect to Flood Coverage,the Debris Removal Additional Coverage (and any additional limit for Debris Removal under a Limit of Insurance clause or an endorsement)is not applicable and is replaced by the following: Debris Removal a.We will pay your expense to remove debris of Covered Property and other debris that is on the described premises,when such debris is caused by or results from Flood. However,we will not pay to remove deposits of mud or earth from the grounds of the described premises. b.We will also pay the expense to remove debris of Covered Property that has floated or been hurled off the described premises by Flood. c.This coverage for Debris Removal,as set forth in E.1.a.and E.1.b.above,does not increase the applicable Limit of Insurance for Flood.Therefore,the most we will pay for the total of debris removal and loss or damage to Covered Property is the Limit of Insurance for Flood that applies to the Covered Property at the affected described premises covered under this endorsement. 2.With respect to Flood Coverage,the Coverage Extension for Newly Acquired or Constructed Property is amended by adding the following: a.With respect to Flood Coverage,this Coverage Extension does not apply to any building or structure that is not fully enclosed by walls and roof. CP 10 65 10 12 © Insurance Services Office, Inc., 2011 Page 3 of 4 b.With respect to a building or structure covered under this Coverage Extension,the amounts of coverage stated in the Coverage Extension do not apply to Flood Coverage. Instead,the most we will pay for all loss or damage to property covered under this Coverage Extension is 10%of the total of all Limits of Insurance for Flood Coverage as provided under this endorsement.Such coverage does not increase the Limit of Insurance for Flood. 3.With respect to any applicable Additional Coverages and Coverage Extensions in the Coverage Form to which this endorsement is attached,other than those addressed in E.1. and E.2.above,amounts payable under such other provisions,as set forth therein,do not increase the Limit of Insurance for Flood. F.Coinsurance 1.The Coinsurance Condition,if any,in the applicable Coverage Form applies to the coverage provided under this endorsement, unless the No-Coinsurance Option,in the Flood Coverage Schedule or in the Declarations,is specified as being applicable. 2.Various Coverage Extensions,in the Coverage Form to which this endorsement is attached, require coinsurance.If the No-Coinsurance Option applies,then the coinsurance requirement for such Coverage Extensions is eliminated. G.Limit Of Insurance 1.General Information Flood Coverage may be written at a Limit of Insurance that is equal to or less than the Limit of Insurance which applies to other Covered Causes of Loss (e.g.,Fire)under this Commercial Property Coverage Part. The Limit Of Insurance for Flood is shown in the Flood Coverage Schedule or in the Declarations.If such Limit is not shown,then the Limit applicable to Fire also applies to Flood. 2.Application Of Limit And Aggregate The Limit of Insurance for Flood is the most we will pay in a single occurrence of Flood for loss or damage caused by the Flood.If there is more than one Flood in a 12-month period (starting with the beginning of the present annual policy period),the most we will pay for the total of all loss or damage sustained during that period of time and caused by Flood is the amount that is identified as the Annual Aggregate for Flood as shown in the Flood Coverage Schedule or the Declarations. If the Limit of Insurance and the Annual Aggregate amount are the same,or if there is no amount stated as an Annual Aggregate,then the Limit of Insurance is the most we will pay for the total of all loss or damage that is caused by Flood in a 12-month period (starting with the beginning of the present annual policy period), even if there is more than one occurrence of Flood during that period of time.Thus,if the first Flood does not exhaust the applicable Limit of Insurance,then the balance of that Limit is available for a subsequent Flood(s). If a single occurrence of Flood begins during one annual policy period and ends during the following annual policy period,any Limit of Insurance or Annual Aggregate applicable to the following annual policy period will not apply to that Flood. 3.Ensuing Loss In the event of covered ensuing loss,for example,loss caused by Fire,Explosion and/or Sprinkler Leakage which results from the Flood, the most we will pay,for the total of all loss or damage caused by flood,fire,explosion and sprinkler leakage,is the Limit of Insurance applicable to Fire.We will not pay the sum of the Fire and Flood Limits. EXAMPLES - ENSUING LOSS Two examples follow,using these facts:The Commercial Property Coverage Part,in these examples,includes the Causes Of Loss Basic Form (which covers fire)and this Flood Coverage Endorsement.A building is damaged by Flood and by Fire which is caused by the Flood.The value of the damaged building is $1,000,000.The Limit of Insurance applicable to the building,for the Basic Causes of Loss,is $800,000.The Limit of Insurance for Flood is $400,000.The Flood Deductible amount is $5,000. EXAMPLE 1 The damage due to Flood is $500,000.The damage due to Fire is $500,000. Payment for Flood damage is $400,000 ($500,000 damage minus $5,000 Flood deductible =$495,000; Limit is $400,000). Payment for Fire damage is $400,000 ($500,000 damage capped at the difference between the Basic Limit and the Flood Limit). Total Loss Payment is $800,000. Page 4 of 4 © Insurance Services Office, Inc., 2011 CP 10 65 10 12 EXAMPLE 2 The damage due to Flood is $800,000.The damage due to Fire is $100,000. Payment for Flood damage is $400,000 ($800,000 damage minus $5,000 Flood deductible =$795,000; Limit is $400,000). Payment for Fire damage is $100,000 (amount of damage). Total Loss Payment is $500,000. Note:These examples are given only to illustrate the situation of Flood and ensuing loss.Therefore,the loss payment stated for Flood damage does not address the situation where another policy also covers the Flood damage. H.Deductible 1.The Deductible for coverage provided under this endorsement is the Deductible applicable to Flood as shown in the Flood Coverage Schedule or in the Declarations. 2.We will not pay that part of the loss that is attributable to any Deductible(s)in the National Flood Insurance Program policy. 3.If Flood results in another Covered Cause of Loss and if both Covered Causes of Loss cause loss or damage,then only the higher deductible applies (e.g.,the Flood deductible or the Fire deductible). I.Other Insurance The Other Insurance Commercial Property Condition is replaced by the following with respect to the coverage provided under this endorsement: 1.If the loss is also covered under a National Flood Insurance Program (NFIP)policy,or if the property is eligible to be written under an NFIP policy but there is no such policy in effect,then we will pay only for the amount of loss in excess of the maximum limit that can be insured under that policy.This provision applies whether or not the maximum NFIP limit was obtained or maintained,and whether or not you can collect on the NFIP policy.We will not,under any circumstances,pay more than the applicable Limit Of Insurance for Flood as stated in the Flood Coverage Schedule or the Declarations of this Coverage Part. However,this Provision I.1.does not apply under the following circumstances: a.At the time of loss,the property is eligible to be written under an NFIP policy but such policy is not in effect due solely to ineligibility of the property at the time this Flood Coverage Endorsement was written; or b.An NFIP policy is not in effect because we have agreed to write this Flood Coverage Endorsement without underlying NFIP coverage.There is such an agreement only if the Flood Coverage Schedule or the Declarations indicate that the Underlying Insurance Waiver applies. 2.If there is other insurance covering the loss, other than that described in I.1.above,we will pay our share of the loss.Our share is the proportion that the applicable Limit of Insurance under this endorsement bears to the total of the applicable Limits of Insurance under all other such insurance.But we will not pay more than the applicable Limit Of Insurance stated in the Flood Coverage Schedule or the Declarations of this Coverage Part. COMMERCIAL PROPERTY CP 12 18 10 12 LOSS PAYABLE PROVISION_CP 12 18_10/12 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. CP 12 18 10 12 © Insurance Services Office, Inc., 2011 Page 1 of 2 LOSS PAYABLE PROVISIONS This endorsement modifies insurance provided under the following: BUILDERS' RISK COVERAGE FORM BUILDING AND PERSONAL PROPERTY COVERAGE FORM CONDOMINIUM ASSOCIATION COVERAGE FORM CONDOMINIUM COMMERCIAL UNIT-OWNERS COVERAGE FORM STANDARD PROPERTY POLICY SCHEDULE Location Number: 3 Building Number: 1 Applicable Clause (Enter C.1., C.2., C.3. or C.4.): C.1. Description Of Property:CG2026, CW969, LP: L3B1, L4B1 Loss Payee Name:City of Muskego Loss Payee Address:W182 S8200 Racine Ave Muskego WI 53150 Location Number: 4 Building Number: 1 Applicable Clause (Enter C.1., C.2., C.3. or C.4.): C.1. Description Of Property:CG2026, CW969, LP: L3B1, L4B1 Loss Payee Name:City of Muskego Loss Payee Address:W182 S8200 Racine Ave Muskego WI 53150 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.When this endorsement is attached to the Standard Property Policy CP 00 99,the term Coverage Part in this endorsement is replaced by the term Policy. B.Nothing in this endorsement increases the applicable Limit of Insurance.We will not pay any Loss Payee more than their financial interest in the Covered Property,and we will not pay more than the applicable Limit of Insurance on the Covered Property. C.The following is added to the Loss Payment Loss Condition,as indicated in the Declarations or in the Schedule: 1.Loss Payable Clause For Covered Property in which both you and a Loss Payee shown in the Schedule or in the Declarations have an insurable interest,we will: a.Adjust losses with you; and b.Pay any claim for loss or damage jointly to you and the Loss Payee,as interests may appear 2.Lender's Loss Payable Clause a.The Loss Payee shown in the Schedule or in the Declarations is a creditor,including a mortgageholder or trustee,whose interest in Covered Property is established by such written instruments as: Page 2 of 2 © Insurance Services Office, Inc., 2011 CP 12 18 10 12 (1)Warehouse receipts; (2)A contract for deed; (3)Bills of lading; (4)Financing statements; or (5)Mortgages,deeds of trust,or security agreements. b.For Covered Property in which both you and a Loss Payee have an insurable interest: (1)We will pay for covered loss or damage to each Loss Payee in their order of precedence, as interests may appear. (2)The Loss Payee has the right to receive loss payment even if the Loss Payee has started foreclosure or similar action on the Covered Property. (3)If we deny your claim because of your acts or because you have failed to comply with the terms of the Coverage Part,the Loss Payee will still have the right to receive loss payment if the Loss Payee: (a)Pays any premium due under this Coverage Part at our request if you have failed to do so; (b)Submits a signed,sworn proof of loss within 60 days after receiving notice from us of your failure to do so; and (c)Has notified us of any change in ownership,occupancy or substantial change in risk known to the Loss Payee. All of the terms of this Coverage Part will then apply directly to the Loss Payee. (4)If we pay the Loss Payee for any loss or damage and deny payment to you because of your acts or because you have failed to comply with the terms of this Coverage Part: (a)The Loss Payee's rights will be transferred to us to the extent of the amount we pay; and (b)The Loss Payee's rights to recover the full amount of the Loss Payee's claim will not be impaired. At our option,we may pay to the Loss Payee the whole principal on the debt plus any accrued interest.In this event, you will pay your remaining debt to us. c.If we cancel this policy,we will give written notice to the Loss Payee at least: (1)10 days before the effective date of cancellation if we cancel for your nonpayment of premium; or (2)30 days before the effective date of cancellation if we cancel for any other reason. d.If we elect not to renew this policy,we will give written notice to the Loss Payee at least 10 days before the expiration date of this policy. 3.Contract Of Sale Clause a.The Loss Payee shown in the Schedule or in the Declarations is a person or organization you have entered into a contract with for the sale of Covered Property. b.For Covered Property in which both you and the Loss Payee have an insurable interest, we will: (1)Adjust losses with you; and (2)Pay any claim for loss or damage jointly to you and the Loss Payee,as interests may appear. c.The following is added to the Other Insurance Condition: For Covered Property that is the subject of a contract of sale,the word "you"includes the Loss Payee. 4.Building Owner Loss Payable Clause a.The Loss Payee shown in the Schedule or in the Declarations is the owner of the described building in which you are a tenant. b.We will adjust losses to the described building with the Loss Payee.Any loss payment made to the Loss Payee will satisfy your claims against us for the owner's property. c.We will adjust losses to tenants' improvements and betterments with you, unless the lease provides otherwise. COMMERCIAL PROPERTY CP DS 65 10 12 FLOOD COVERAGE SCHEDULE_CP DS 65_10/12 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. CP DS 65 10 12 ã Insurance Services Office, Inc. 2011 Page 1 of 2 FLOOD COVERAGE SCHEDULE This endorsement provides supplementary information to be used with the following: FLOOD COVERAGE ENDORSEMENT SCHEDULE Inception Date Of Flood Coverage Endorsement:04/01/2015 Note: There is no coverage for a Flood that begins before or within 72 hours after this date, subject to a limited exception. Refer to Section D.5.a. of the endorsement for additional information. Description Of Premises Or Location(s): Location 2 -1 S100 W13444 Loomis Dr Muskego,WI 53150 Location 3 -1 S 76 W17858 Janesville Rd Muskego,WI 53150 Location 4 -1 W195 S10030 Racine Dr Muskego,WI 53150 Description Of Personal Property In The Open, If Covered For Flood: Any, if included in above description of Premises or Location(s). Flood Deductible $1,000 No-Coinsurance Option T Other Flood Insurance, If Any (identify insurer and policy number): Primary (NFIP) Other Underlying Insurance Waiver £ Note: Refer to Section I.1. of the endorsement for an explanation of this option. If the Underlying Insurance Waiver applies only to certain premises or locations, specify such premises or locations: (If premises or locations are not specified, the Underlying Insurance Waiver applies to all premises and locations.) Annual Aggregate Limit Flood Coverage Endorsement $ Note: Refer to the Limit Of Insurance provisions in the endorsement for an explanation. Flood Limit Of Insurance Single Occurrence: Enter the Limit(s) in Section A and/or B of this Schedule. Refer to the Limit Of Insurance provisions in the endorsement for an explanation. A.Blanket Limit $383,000 Page 2 of 2 ã Insurance Services Office, Inc. 2011 CP DS 65 10 12 Check applicable Covered Property/Coverage(s) for Blanket Limit: T Bldg.£BI (CP 00 32) T BPP £EE (CP 00 50) £BI (CP 00 30)£Other The Blanket Limit does not apply separately to the Premises, Locations, Covered Property or Coverages listed. The Blanket Limit is the most we will pay for all loss or damage to the indicated Covered Property/Coverages at the Premises and Locations listed, subject to all other applicable provisions of the Limit Of Insurance section in the Flood Coverage endorsement. B.Separate Limits (If a separate Limit Of Insurance is entered in this section of the Schedule,B., for a particular Covered Property/Coverage, that Covered Property/Coverage should NOT be included under a Blanket Limit.) Premises #4-1 Bldg.$1,000 BPP $1,000 BI (CP 00 30)$ BI (CP 00 32)$ EE (CP 00 50)$ Other $ Bldg. = Building; BPP = Business Personal Property; BI = Business Income Coverage Form; EE = Extra Expense Coverage Form COMMERCIAL PROPERTY CW 23 99 04 10 FIRE EMS-PAK GUARANTEED BUILDING REPLACEMENT COST COVERAGE_CW 23 99_04/10 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ THIS CAREFULLY. CW 23 99 04 10 Page 1 of 1 FIRE/EMS-PAK GUARANTEED BUILDING REPLACEMENT COST COVERAGE This endorsement modifies insurance under the following: BUILDING AND PERSONAL PROPERTY COVERAGE FORM For locations designated as Guaranteed Replacement Cost on the Declarations, we agree to the following: A.If the cost to replace loss or damage to your Building is more than the limit stated in the Declarations,we will nevertheless pay the entire replacement cost less any deductible that applies, so long as: 1.The loss or damage to your Building is actually repaired or replaced; 2.The repairs to or replacement of your Building is made within one year after the loss or damage; 3.The repair or replacement restores your Building to the same use; and 4.The repairs to or replacement of your Building is the same kind and quality and at the same location as your Building suffering the loss or damage. However: a.You may substitute property of a different kind or quality,but we won't pay more than what it would cost to repair or replace the loss or damage to your Building with property of comparable kind and quality; and b.You may repair or replace your Building suffering the loss or damage at a different location,but we won't pay more than what it would cost to repair or replace the loss or damage at the original location. B.This guaranteed replacement cost provision applies only to buildings and is contingent on: 1.Your purchasing a limit of insurance for your Building accepted by us and said limits will appear in the Declarations; 2.Your promptly advising us of any changes made to your Building which would change the cost to replace it, and adjusting the limit of insurance accordingly; and 3.Your purchasing a limit of insurance on each policy anniversary for your Building equal to an adjusted cost figure.This adjusted cost figure will be calculated from the original value plus any changes and will be modified by a nationally recognized building cost modifier applicable to your Building. C.The Additional Condition Coinsurance will not apply to your Building for locations designated as Guaranteed Replacement Cost on the Declarations. CW 26 70 05 13 FIRE EMS-PAK PROPERTY ENHANCEMENT ENDORSEMENT_CW 26 70_05/13 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ THIS CAREFULLY. CW 26 70 05 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 15 FIRE/EMS - PAK PROPERTY ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUILDING AND PERSONAL PROPERTY COVERAGE FORM CAUSES OF LOSS - SPECIAL FORM I.Changes To The Building And Personal Property Coverage Form A.Premises Boundary Increase Any reference to distance from the described premises is changed from 100 feet to 1,000 feet. B.Additional Covered Property Property Not Covered under the Coverage Section is amended to provide coverage for the following property: 1.Foundations of buildings,structures,machinery or boilers if their foundations are below the lowest basement floor or below the surface of the ground, if there is no basement; 2.Bulkheads, pilings, piers, wharves or docks; 3.Retaining walls that are not part of a building; and 4.Underground pipes, flues or drains. The most we will pay for loss or damage to the above property in any one occurrence is 15%of the building and business personal property limit at that location, or $300,000, whichever is less. C.The Additional Coverages in the Coverage Section are amended as follows: 1.The Debris Removal Limit of Insurance is increased to the limit shown in the Fire/EMS -Pak Property Enhancement Endorsement Schedule. 2.The Fire Department Service Charge Limit of Insurance is increased to the limit shown in the Fire/EMS - Pak Property Enhancement Endorsement Schedule. 3.The Pollutant Clean Up and Removal Limit of Insurance is increased to the limit shown in the Fire/EMS - Pak Property Enhancement Endorsement Schedule. 4.The Increased Cost of Construction paragraph is deleted. 5.Arson, Theft or Vandalism Reward is added as follows: a.We will reimburse you for an arson,theft or vandalism reward that you give to someone (other than you,your officers or your public officials)who discloses information to local law enforcement officials that leads to the conviction of a person or persons for arson,theft or vandalism at the premises described in the Declarations. b.The most we will pay for loss in any one occurrence,regardless of the number of individuals providing information,is the limit shown in the Fire/EMS -Pak Property Enhancement Endorsement Schedule. The amount payable under this Additional Coverage is additional insurance.The Additional Condition, Coinsurance, does not apply to this Additional Coverage. 6.Back-up of Sewers, Drains or Sumps is added as follows: a.We will pay for direct physical loss to Covered Property by water which backs up through sewers, drains or sumps,or water which enters into and overflows from within a sump pump or other type of system designed to remove subsurface water which is drained from the foundation area.This coverage does not apply if the loss or damage is caused by your negligence. Page 2 of 15 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. CW 26 70 05 13 b.To the extent the Water Exclusion would conflict with the provisions of this Additional Coverage, water that backs up or overflows or is otherwise discharged from a sewer,drain,sump,sump pump or related equipment does not apply. c.The most we will pay for loss or damage in any one occurrence is the Building Limit of Insurance shown on the Declarations for that location. 7.Business Income and Extra Expense is added as follows: a.We will pay for the actual loss of Business Income you sustain and will pay Extra Expense you incur due to the necessary suspension of your "operations"during the "period of restoration."The suspension must be caused by or result from a Covered Cause of Loss at the described premises. With respect to loss of or damage to personal property in the open or personal property in a vehicle,the described premises includes the area within 1,000 feet of the site at which the described premises are located. b.We will only pay for loss of Business Income or Extra Expense that you sustain during the "period of restoration"and that occurs within 12 consecutive months after the date of direct physical loss or damage. c.Business Income means the: (1)Net Income (Net Profit or Loss before income taxes)that would have been earned or incurred if no suspension of your "operations"had occurred,but not including any Net Income that would likely have been earned as a result of an increase in the volume of business due to favorable business conditions caused by the impact of the Covered Cause of Loss on customers or on other businesses; and (2)Continuing normal operating expenses incurred, including payroll. d.Extra Expense means necessary expenses you incur during the "period of restoration"that you would not have incurred if there had been no direct physical loss or damage to property.Coverage pertains to expenses (other than the expense to repair or replace property) which are incurred to: (1)Avoid or minimize the "suspension"of business and to continue "operations"at the described premises or at replacement premises or temporary locations,including relocation expenses and costs to equip and operate the replacement location or temporary location. (2)Minimize the "suspension" of business if you cannot continue "operations". We will also pay Extra Expense to repair or replace property,but only to the extent it reduces the amount of loss that otherwise would have been payable under this coverage. e.The amount of Extra Expense will be determined based on: (1)All expenses that exceed the normal operating expenses that would have been incurred by "operations"during the "period of restoration"if no direct physical loss or damage had occurred. We will deduct from the total of such expenses: (a)The salvage value that remains of any property bought for temporary use during the "period of restoration", once "operations" are resumed; and (b)Any Extra Expense that is paid for by other insurance. (2)All necessary expenses that reduce the Extra Expense otherwise incurred. f.We will reduce the amount of your Extra Expense loss to the extent you can return "operations"to normal and discontinue such Extra Expense. g.If you do not resume "operations",or do not resume "operations"as quickly as possible,we will pay based on the length of time it would have taken to resume "operations" as quickly as possible. The amount payable under this Additional Coverage is additional insurance.The Additional Condition, Coinsurance, does not apply to this Additional Coverage. CW 26 70 05 13 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 3 of 15 8.Building Ordinance or Law is added as follows: a.Application of Coverages The Ordinance or Law Coverages provided in this endorsement apply only if both sub-sections (1) and (2) below are satisfied and are then subject to the qualifications set forth in (3) below: (1)The ordinance or law: (a)Regulates the demolition,construction or repair of buildings,or establishes zoning or land use requirements at the described premises; and (b)Is in force at the time of loss. But coverage under this endorsement applies only in response to the minimum requirements of the ordinance or law.Losses and costs incurred in complying with recommended actions or standards that exceed actual requirements are not covered under this endorsement. (2)(a)The building sustains direct physical damage that is covered under this policy and such damage results in enforcement of the ordinance or law; or (b)The building sustains both direct physical damage that is covered under this policy and direct physical damage that is not covered under this policy,and the building damage in its entirety results in enforcement of the ordinance or law. But if the building sustains direct physical damage that is not covered under this policy and such damage is the subject of the ordinance or law,then there is no coverage under this endorsement even if the building has also sustained covered direct physical damage. (3)In the situation described in subsection (2)(b)above,we will not pay the full amount of loss otherwise payable under the terms of the Coverages under this endorsement.Instead,we will pay a proportion of such loss;meaning the proportion that the covered direct physical damage bears to the total direct physical damage. However,if the covered direct physical damage,alone,would have resulted in enforcement of the ordinance or law,then we will pay the full amount of loss otherwise payable under the terms of the Coverages provided under subsections c., d., and/or e. below. b.Under this Additional Coverage, we will not pay for: (1)The enforcement of any ordinance or law which requires demolition,repair,replacement, reconstruction,remodeling or remediation of property due to contamination by "pollutants"or due to the presence,growth,proliferation,spread or any activity of "fungus",wet or dry rot or bacteria; or (2)Any costs associated with the enforcement of an ordinance or law which requires any insured or others to test for,monitor,clean up,remove,contain,treat,detoxify or neutralize,or in any way respond to, or assess the effects of "pollutants", "fungus", wet or dry rot or bacteria. c.Under this endorsement we will not pay for loss due to any ordinance or law that: (1)You were required to comply with before the loss, even if the building was undamaged; and (2)You failed to comply with. d.With respect to the building that has sustained covered direct physical damage, we will pay: (1)For loss in value of the undamaged portion of the building as a consequence of enforcement of an ordinance or law that requires demolition of undamaged parts of the same building; Page 4 of 15 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. CW 26 70 05 13 (2)The cost to demolish and clear the site of undamaged parts of the same building,as a consequence of enforcement of an ordinance or law that requires demolition of such undamaged property. (3)The increased cost to: (a)Repair or reconstruct damaged portions of that building; and/or (b)Reconstruct or remodel undamaged portions of that building,whether or not demolition is required; when the increased cost is a consequence of enforcement of the minimum requirements of the ordinance or law. However, (a)This coverage applies only if the restored or remodeled property is intended for similar occupancy as the current property,unless such occupancy is not permitted by zoning or land use ordinance or law; and (b)We will not pay for the increased cost of construction under this coverage: (i)Until the property is actually repaired or replaced,at the same or another premises; and (ii)Unless the repairs or replacement are made as soon as reasonably possible after the loss or damage, not to exceed two years. e.Loss Payment (1)All the following loss payment provisions are subject to the apportionment procedures set forth in Section a.(3) above. (2)We will pay for Loss to the Undamaged Portion of the Building,for Demolition Cost,and for Increased Cost of Construction.The following loss payment provisions apply: (a)With respect to loss in value of the Undamaged Portion of the Building,including damaged and undamaged portions: (i)If the property is being repaired or replaced,on the same or another premises,we will not pay more than the amount you would actually spend to repair,rebuild or reconstruct the building on the same premises and to the same height,floor area,style and comparable quality of the original property insured. (ii)If the property is not being repaired or replaced,or if the Replacement Cost Option does not apply,we will not pay more than the actual cash value of the building at the time of the loss. (b)For Demolition Cost,we will not pay more than the amount you actually spend to demolish and clear the site of the described premises. (c)With respect to Increased Cost of Construction: (i)We will not pay for the increased cost of construction: Until the property is actually repaired or replaced,at the same or another premises; and Unless the repairs or replacement are made as soon as reasonably possible after the loss or damage,not to exceed two years.We may extend this period in writing during the two years. (ii)If the building is repaired or replaced at the same premises,or if you elect to rebuild at another premises,the most we will pay for the increased cost of construction is the increased cost of construction at the same premises. (iii)If the ordinance or law requires relocation to other premises,the most we will pay for the increased cost of construction is the increased cost of construction at the new premises. CW 26 70 05 13 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 5 of 15 f.The terms of this endorsement apply separately to each building to which this endorsement applies. g.(1)The coverage provided for Loss To The Undamaged Portion Of The Building does not increase the Limit of Insurance shown in the Declarations as applicable to the covered building. (2)The coverage provided for Demolition Cost and for Increased Cost of Construction is in addition to the Limits Of Insurance.The Additional Condition,Coinsurance,does not apply to either coverage.The most we will pay for these coverages is 100%of the original property damage loss to each building. 9.Employee Dishonesty is added as follows: a.We will pay for direct loss or damage to your business personal property and "money"and "securities"resulting from dishonest acts committed by any of your "employees"acting alone or in collusion with other persons (except you or your partner) with the manifest intent to: (1)Cause you to sustain loss or damage; and also (2)Obtain financial benefit (other than salaries,overtime pay,commissions,fees,bonuses, promotions,awards,profit sharing,pensions or other "employee"benefits earned in the normal course of employment) for: (a)Any "employee"; or (b)Any other person or organization. b.We will pay for the failure of any "employee"to faithfully perform his or her duties as prescribed by law,when such failure has as its direct and immediate result a loss to your Business Personal Property or "money" and "securities". c.We will not pay for loss or damage: (1)Resulting from any dishonest or criminal act that you or any of your partners commit whether acting alone or in collusion with other persons; or (2)The only proof of which as to its existence or amount is: (a)An inventory computation; or (b)A profit and loss computation. d.All loss or damage: (1)Caused by one of more persons; or (2)Involving a single act or series of related acts; is considered one occurrence. e.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. f.This Additional Coverage does not apply to any "employee" immediately upon discovery by: (1)You; or (2)Any of your partners,officers or directors not in collusion with the "employee";of any dishonest act committed by that "employee" before or after being hired by you. g.We will pay only for covered loss or damage sustained during the policy period and discovered no later than one year from the end of the policy period. h.If you (or any predecessor in interest)sustained loss or damage 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: Page 6 of 15 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. CW 26 70 05 13 (1)This Additional Coverage became effective at the time of cancellation or termination of the prior insurance; and (2)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. i.The insurance under paragraph h.above is part of,not in addition to,the Limit of Insurance applying to this Additional Coverage and is limited to the lesser of the amount recoverable under: (1)This Additional Coverage as of its effective date; or (2)The prior insurance had it remained in effect. j.The most we will pay for a loss or damage in any one occurrence is the limit shown in the Fire/EMS - Pak Property Enhancement Endorsement Schedule. The amount payable under this Additional Coverage is additional insurance.The Additional Condition, Coinsurance, does not apply to this Additional Coverage. 10.Errors and Omissions is added as follows: a.We will pay up to the limit shown in the Fire/EMS -Pak Property Enhancement Endorsement Schedule per occurrence for loss or damage to any property that is 100%owned by the named insured, but not scheduled under the policy. b.This coverage only applies if said property was inadvertently left off the policy through error or omission of the named insured or their insurance agent.Property intentionally removed or left off the schedule to avoid payment of premium or for any other reason is not covered. c.Whenever the error or omission is discovered,we will charge premium for said property back to the inception of the policy or back to when the insured acquired ownership of the property,whichever time is later. 11.Expediting Expenses is added as follows: a.We will pay the Expediting Expenses that you incur as a result of direct physical loss or damage to Covered Property. b.Expediting Expenses are reasonable extra costs for temporary repairs of and for expediting the repairs or replacement of Covered Property damaged by a Covered Cause of Loss.Expediting Expenses include overtime wages and the extra cost of express or other rapid means of transportation.Expediting Expenses do not include the cost incurred for the temporary rental of property,temporary replacement of damaged property,or expenses recoverable elsewhere in the Building and Personal Property Coverage Form or this Endorsement. c.The most we will pay for all such expenses arising from any one occurrence is the limit shown in the Fire/EMS - Pak Property Enhancement Endorsement Schedule. 12.Fire Protection Equipment Refill is added as follows: a.We will pay: (1)Expenses you incur for the recharging or refilling of your automatic fire extinguishing equipment after such equipment is discharged as a result of a fire to your Covered Property; (2)For loss or damage to Covered Property if caused by the accidental discharge of fire suppressant chemicals from your automatic fire extinguishing system.This may be used to cover the additional expense you incur to recharge such systems following a covered accidental discharge; or (3)Expenses you incur to recharge or refill portable fire extinguishing equipment after being used to fight a fire to your Covered Property. CW 26 70 05 13 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 7 of 15 b.We will pay the actual loss and expenses incurred arising from any one occurrence. The amount payable under this Additional Coverage is additional insurance.The Additional Condition, Coinsurance, does not apply to this Additional Coverage. 13.Forgery and Alteration is added as follows: a.We will pay for loss resulting directly from forgery or alteration of any check,draft,promissory note, bill of exchange or similar written promise of payment in "money"that you or your agent has issued, or that was issued by someone who impersonates you or your agent. b.If you are sued for refusing to pay the check,draft,promissory note,bill of exchange or similar written promise of payment in "money",on the basis that it has been forged or altered,and you have our written consent to defend against the suit,we will pay for any reasonable legal expenses that you incur in that defense. c.The most we will pay for loss in any one occurrence,including legal expenses,is the limit shown in the Fire/EMS - Pak Property Enhancement Endorsement Schedule. The amount payable under this Additional Coverage is additional insurance.The Additional Condition, Coinsurance, does not apply to this Additional Coverage. 14.Loss Data Preparation Cost is added as follows: We will pay the reasonable costs you incur,up to the limit shown in the Fire/EMS -Pak Property Enhancement Endorsement Schedule,in collecting and preparing loss data required by applicable policy conditions or requested by us.This includes the cost of taking inventory,getting appraisals,and preparing other data in order to determine the extent of the loss.This coverage does not apply to costs incurred under the Appraisal Provision in the Loss Conditions Section. The amount payable under this Additional Coverage is additional insurance.The Additional Condition, Coinsurance, does not apply to this Additional Coverage. 15.Lost Key Consequential Loss is added as follows: a.If a master or grand master key is lost or damaged by a Covered Cause of Loss,we will pay for the actual cost of keys,the cost of adjusting locks to accept new keys,or the cost of new locks,if required, of the like kind and quality including the cost of their installation. b.The most we will pay for loss in any one occurrence is the limit shown in the Fire/EMS -Pak Property Enhancement Endorsement Schedule. The amount payable under this Additional Coverage is additional insurance.The Additional Condition, Coinsurance, does not apply to this Additional Coverage. D.The Coverage Extensions in the Coverage Section are amended as follows: 1.Newly Acquired or Constructed Property is amended as follows: a.The separate Limits of Insurance for Buildings and Your Business Personal Property are increased to a combined limit shown in the Fire/EMS -Pak Property Enhancement Endorsement Schedule. b.The number of days under Period of Coverage is increased to 180 days. 2.Personal Effects and Property of Others is deleted and replaced by the following: a.You may extend the insurance that applies to your business personal property to apply to: (1)Personal Effects owned by you,your officers,your partners or members,your managers or your "employees".This includes tools owned by your "employees"that are used in your business while such tools are located in or on building(s)described in the Declarations or in the open (or in a vehicle) within 1,000 feet of the described premises, (2)"Personal property of others"in your care,custody or control.This includes property that you have sold which is awaiting delivery or installation. However,this Extension does not apply if the loss is covered by other insurance,whether collectible or not. Page 8 of 15 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. CW 26 70 05 13 b.For "personal property of others",the Extension of Replacement Cost to Personal Property of Others in the Optional Coverages Section is applicable. c.The most we will pay for loss or damage in any one occurrence at each described premises is the limit shown in the Fire/EMS -Pak Property Enhancement Endorsement Schedule.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.The Valuable Papers and Records (Other Than Electronic Data)Limit of Insurance at each described premises is increased to the limit shown in the Fire/EMS -Pak Property Enhancement Endorsement Schedule.Coverage is also extended to provide coverage away from the described premises. 4.Property Off-Premises is replaced by the following: a.You may extend the insurance provided by this Coverage Form to apply to your Covered Property while it is in transit or it is at a location that you don't own, lease or operate. b.The most we will pay for loss or damage in any occurrence is the limit shown in the Fire/EMS -Pak Property Enhancement Endorsement Schedule. c.Coverage does not apply to your portable equipment,if it is covered by other more specific insurance in this or another insurance coverage part. 5.Outdoor Property is replaced by the following: a.You may extend the insurance provided by this Coverage Form to apply to your outdoor fences, communication antennas (including satellite dishes)and their lead-in wiring,masts or towers, sirens,bells,lights,light poles,flag poles,signs,trees,shrubs and plants at the premises described in the Declarations (or within 1,000 feet),including debris removal expense,caused by or resulting from a Covered Cause of Loss. b.Any items listed above,except trees,shrubs and plants,which are located away from the described premises,are covered,as long as they are owned by,or are the legal responsibility of the named insured. c.With respects to the coverage provided this Coverage Extension,Collapse is a Covered Cause of Loss. d.The most we will pay for loss or damage under this Extension is the limit shown in the Fire/EMS - Pak Property Enhancement Endorsement Schedule.This limit applies to any one occurrence, regardless of the types or number of items lost or damaged in that occurrence. The amount payable under this Coverage Extension is additional insurance.The Additional Condition, Coinsurance, does not apply to this Coverage Extension. 6.Accounts Receivable is added as follows: a.You may extend the insurance that applies to Your Business Personal Property to apply to: (1)All amounts due from your customers that you are unable to collect; (2)Interest charges on any loan required to offset amounts you are unable to collect pending our payment of these amounts; (3)Collection expenses in excess of your normal collection expenses that are made necessary by "loss"; and (4)Other reasonable expenses that you incur to re-establish your records of accounts receivable; that result from Covered Causes of Loss to your records of accounts receivable located at or away from the "premises"shown in the Declarations. b.The following is added to the Valuation Provisions under the Loss Conditions Section: (1)If you cannot accurately establish the amount of accounts receivable outstanding as of time of "loss", the following method will be used: (a)Determine the total of the average monthly amount of accounts receivable for the 12 months immediately preceding the month in which the "loss" occurs; and CW 26 70 05 13 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 9 of 15 (b)Adjust that total for any normal fluctuations in the amount of accounts receivable for the month in which the "loss"occurred or for any demonstrated variance from the average for that month. (2)The following will be deducted from the total amount of accounts receivable,however that amount is established: (a)The amount of accounts for which there is no "loss"; (b)The amount of the accounts that you are able to re-establish or collect: (c)An amount to allow for probable bad debts that you are normally unable to collect; and (d)All unearned interest and service charges. c.The most we will pay for "loss"in any one occurrence is the limit shown in the Fire/EMS -Pak Property Enhancement Endorsement Schedule. The amount payable under this Coverage Extension is additional insurance.The Additional Condition, Coinsurance, does not apply to this Coverage Extension. 7.Computers, Software and Telephone Systems is added as follows: a.You may extend the insurance that applies to your business personal property to apply at the described premises (or away from the described premises while they are in the possession of your employees or your volunteer workers)in the Declarations to "electronic data processing equipment","voice communications equipment","data" and "media": (1)Owned by you (other than your "stock"); (2)Owned by others, but leased to you; or (3)Owned by others but in your care, custody or control (other than your "stock"). b.Under this Extension the following additional causes of loss are covered: (1)Changes in your electrical power supply,including interruption,power surge,blackout or brownout; (2)Dampness or dryness of atmosphere or changes in or extremes of temperature caused by damage from a covered cause of loss to an air conditioning unit or system,including equipment and parts, which is part of or used with a data processing system; (3)Short circuit,blowout,or other electrical disturbance within the "electronic data processing equipment"; (4)Electrical or magnetic injury, disturbance, or erasure of electronic recordings; (5)Floods,surface water,waves,tides,tidal waves,overflow of any body of water,or their spray, all whether driven by wind or not; (6)Earth movement, such as an earthquake, landslide or earth sinking, rising or shifting; and (7)A computer virus or computer hacking. c.Paragraph B.1.of the Water Exclusion does not apply to the coverage provided by this Extension. However,coverage does not apply if the loss or damage is covered by any other insurance, whether collectible or not. d.The value of "data" and "media" under this Extension will be either: (1)The actual cost of reproducing or replacing the lost or damaged "data"and "media"if you actually reproduce or replace them; or (2)The cost to replace the blank "media" with substantially identical property. e.We will not cover "data"and "media"which cannot be replaced or reproduced with others of the same kind or quality. Page 10 of 15 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. CW 26 70 05 13 f.The most we will pay for loss in any one occurrence is the limit shown in the Fire/EMS -Pak Property Enhancement Endorsement Schedule. The amount payable under this Coverage Extension is additional insurance.The Additional Condition, Coinsurance, does not apply to this Coverage Extension. 8.Fine Arts at Market Value is added as follows: a.You may extend the insurance that applies to your Business Personal Property to cover loss or damage to your fine arts or fine arts of others in your care, custody or control. b.For this extension,fine arts are paintings,etchings,pictures,tapestries,statuary,marbles,bronzes, porcelains, art glass windows and other bona fide works of art. c.The value of the fine arts will be based on market value at the time of the loss or damage. d.The most we will pay for loss or damage in any one occurrence is the limit shown in the Fire/EMS - Pak Property Enhancement Endorsement Schedule. 9.Money and Securities is added as follows: a.We will pay for loss of "money"and "securities"used in your business caused by theft (meaning any act of stealing), disappearance or destruction. b.The most we will pay for loss in any one "occurrence"is the limit shown in the Fire/EMS -Pak Property Enhancement Endorsement Schedule. c.To the extent that coverage for "money"and "securities"is provided by this Extension,the Property Not Covered Provisions in the Coverage Section do not apply. d.You must keep records of all "money"and "securities"so we can verify the amount of loss or damage. e.The following is added to the Valuation Provisions under the Loss Conditions Section: (1)For "money",at face value,or,at our option,its dollar equivalent (if from a country other than the United States) based on exchange rates in effect when the loss occurred. (2)For "securities",the value of the "securities"as of the close of business on the day when the loss occurred,or the value of replacing the "securities"in kind,whichever is less.If replaced in kind,you must assign to us all your rights,title and interest in and to those "securities".We will not pay for the loss of income,interest,or dividends that occur as a result of the loss of "securities". The amount payable under this Coverage Extension is additional insurance.The Additional Condition, Coinsurance, does not apply to this Coverage Extension. E.The Deductible Section is amended as follows: 1.No deductible applies to amounts payable under the following coverages: a.Fire Department Service Charge; b.Arson, Theft or Vandalism Reward; c.Business Income and Extra Expense; d.Fire Protection Equipment Refill; e.Forgery and Alteration; f.Loss Data Preparation Cost; and g.Lost Key Consequential Loss. 2.No deductible applies to loss or damage to glass that is part of the building or structure. 3.When a covered loss arising out of the same occurrence causes direct physical loss of or damage to property covered under multiple Coverage Forms or Coverage Parts,no more than the highest deductible applying to the covered property shall be deducted from the amount of loss for all covered property lost or damaged. CW 26 70 05 13 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 11 of 15 II.Changes To The Causes Of Loss - Special Form A.The Ordinance or Law exclusion in the Exclusions Section does not apply to the Ordinance or Law Additional Coverage in this endorsement. B.The Utility Services exclusion in the Exclusions Section is deleted. C.To the extent it would conflict with the coverage provided in the Outdoor Property Coverage Extension, Paragraph 3.under the Additional Coverage - Collapse Section is deleted. D.The Additional Coverage -Limited Coverage for "Fungus",Wet Rot,Dry Rot and Bacteria Limit of Insurance is increased to the limit shown in the Fire/EMS -Pak Property Enhancement Endorsement Schedule. E.With respect to the coverage provided in the Property Off-Premises Coverage Extension,the Property In Transit paragraph in the Additional Coverage Extensions Section is deleted. F.The following additional exclusion applies to the Employee Dishonesty Additional Coverage only: We will not pay for loss that is an indirect result of any act or occurrence covered by this insurance including, but not limited to, loss resulting from: 1.Your inability to realize income that you would have realized had there been no loss of,or loss from damage to, Covered Property; 2.Payment of damages of any type for which you are legally liable.But,we will pay compensatory damages arising directly from a loss covered under this insurance. G.The Exclusions Section does not apply to the Accounts Receivable Coverage Extension,except for the following exclusions: 1.Ordinance or Law; 2.Governmental Action; 3.Nuclear Hazard; 4.War and Military Action; 5.Artificially generated electrical current,including electric arcing,that disturbs electrical devices, appliances or wires; 6.Delay, loss of use or loss of market; 7.Dishonest or criminal act by you,any of your partners,members,officers,managers,employees (including leased employees),directors,trustees,authorized representatives or anyone to whom you entrust the property for any purpose: a.Acting alone or in collusion with others; or b.Whether or not occurring during the hours of employment. This exclusion does not apply to acts of destruction by your employees (including leased employees); but theft by employees (including leased employees) is not covered; 8.Voluntary parting with any property by you or anyone else to whom you have entrusted the property if induced to do so by any fraudulent scheme, trick, device or false pretense; 9.Collapse, except as provided in the Additional Coverage for Collapse; 10.We will not pay for loss or damage caused by or resulting from any of the following paragraphs a. through c.But if an excluded cause of loss that is listed in paragraphs a.through c.results in a Covered Cause of Loss, we will pay for the loss or damage caused by that Covered Cause of Loss. a.Weather conditions.But this exclusion only applies if weather conditions contribute in any way with a cause or event excluded in any of the following exclusions to produce the loss or damage: (1)Ordinance or Law; (2)Earth Movement; Page 12 of 15 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. CW 26 70 05 13 (3)Governmental Action; (4)Nuclear Hazard; (5)Utility Services; (6)War And Military Action; (7)Water; and (8)"Fungus", Wet Rot, Dry Rot And Bacteria. b.Acts or decisions,including the failure to act or decide,of any person,group,organization or governmental body. c.Faulty, inadequate or defective: (1)Planning, zoning, development, surveying, siting; (2)Design,specifications,workmanship,repair,construction,renovation,remodeling,grading, compaction; (3)Materials used in repair, construction, renovation or remodeling; or (4)Maintenance; of part or all of any property on or off the described premises. H.The following additional exclusions apply to the Accounts Receivable Coverage Extension only: We will not pay for: 1.Alteration,falsification,concealment or destruction of records of accounts receivable done to conceal the wrongful giving, taking, or withholding or "money","securities", or other property; This exclusion applies only to the extent of the wrongful giving, taking, or withholding. 2.Bookkeeping, accounting or billing errors or omissions. 3.Electrical or magnetic injury,disturbance,or erasure of electronic recordings that is caused by or results from: a.Programming errors or faulty machine instructions; b.Faulty installation or maintenance of data processing equipment or component parts; or c.Interruption of electrical power supply,power surge,blackout or brownout if the cause of such occurrence took place more than 1,000 feet from your "premises". 4.Unauthorized instructions to transfer property to any person or to any place. 5."Loss" that requires any audit of records or any inventory computation to prove its factual existence. I.The following additional exclusions apply to the Computers,Software and Telephone Systems Coverage Extension only: We will not cover loss resulting directly or indirectly from: 1.Input, programming or processing errors; 2.Faulty construction, material or workmanship; 3.Error, omission or deficiency in design; J.The following exclusions in the Exclusions Section do not apply to loss or damage to Computers, Software and Telephone Systems: 1.Earth Movement; 2.Artificially generated electrical current; 3.Mechanical Breakdown; 4.Dampness or dryness of atmosphere; CW 26 70 05 13 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 13 of 15 5.Changes or extremes of temperature,but only caused by damage from a covered cause of loss to an air conditioning unit or system,including equipment and parts,which is part of or used with a data processing system; and 6.Marring and scratching. However,coverage provided by these Covered Causes of Loss does not apply if the loss or damage is covered by any other insurance, whether collectible or not. K.The following additional exclusions apply to the Money and Securities Coverage Extension only: We will not pay for: 1.Loss resulting from accounting or arithmetical errors or omissions; 2.Loss resulting from the giving or surrendering of property in any exchange or purchase. 3.Loss of property contained in any "money"operated device unless the amount of "money"deposited in it is recorded by a continuous recording instrument in the device. 4.Loss resulting from any dishonest or criminal act committed by you or any of your directors,trustees or authorized representatives: a.Acting alone or in collusion with other persons; or b.While performing services for you or otherwise. 5.Loss of property after it has been transferred or surrendered to a person or place outside the "premises" or "banking premises". a.On the basis of unauthorized instructions; or b.As a result of a threat to do: (1)Bodily harm to any person; or (2)Damage to any property. But,this exclusion does not apply to loss of "money"and "securities"while outside the "premises"or "banking premises" in the care and custody of a "messenger" if you: a.Had no knowledge of any threat at the time the conveyance began; or b.Had knowledge of a threat at the time the conveyance began,but the loss was not related to the threat. 6.Loss that is an indirect result of any act or "occurrence"covered by this Coverage Extension,including, but not limited to, loss resulting from: a.Your inability to realize income that you would have realized had there been no loss of,or loss from damage to,"money" or "securities"; or b.Payment of damages of any type for which you are legally liable. III.Additional Definitions A."Banking premises"means the interior of that portion of any building occupied by a banking institution or similar safe depository. B."Data"is a fact,concept or instruction that is converted into a form that can be used in a data processing operation.It includes computer software programs but not "media". C."Electronic data processing equipment"means network or machine components such as mainframe, midrange,personal and portable computers,workstations and file servers,capable of accepting information or converted material, processing it according to a plan or program and producing the desired results. D."Employee"as respects the coverage provided for the Employee Dishonesty Additional Coverage only, means: 1.Any natural person: a.While in your service (and for 30 days after termination of service); and Page 14 of 15 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. CW 26 70 05 13 b.Whom you compensate directly by salary, wages or commissions or who is a volunteer worker; and c.Whom you have the right to direct and control while performing services for you; or 2.Any natural person employed by an employment contractor while that person is subject to your direction and control and performing services for you excluding,however,any such person while having care and custody of property outside the "premises". 3.Any natural person who has been elected or appointed as a Director,Trustee or Board Member. But "employee"does not mean any agent,broker,factor,commission merchant,consignee,independent contractor or representative of the same general character. E."Loss"as respects the coverage provided for in the Accounts Receivable Coverage Extension only, means accidental loss or damage. F."Media"is the material,on which "data"is recorded,such as magnetic tapes,disk packs,drums,paper tapes,cards and programs.This includes the "data"stored on the "media".But "media"does not include memory chips within computers or peripheral devices. G."Messenger"means you,any of your partners or any "employee"while having care and custody of the property outside the "premises". H."Money" means: 1.Currency, coins and bank notes in current use and having a face value; and 2.Travelers' checks, register checks and money orders held for sale to the public. I."Occurrence",as respects the coverage provided for in the Money and Securities Coverage Extension only, means an: 1.Act or series of related acts involving one or more persons; or 2.Act or event, or series of related acts or events not involving any person. J."Operations"means your business activities occurring at described premises;and the tenantability of the insured locations. K."Period of restoration" means the period of time that: 1.Begins: a.48 hours after the necessary suspension of your "operations"; or b.Immediately after the necessary suspension of your "operations" for "Extra Expense" Coverage; caused by or resulting from any Covered Cause of Loss at the described premises; and 2.Ends on the earlier of: a.The date when the property at the described premises should be repaired,rebuilt or replaced with reasonable speed and similar quality; or b.The date when your "operations"are resumed at the described premises or at a new permanent location. "Period of restoration"does not include any increased period required due to the enforcement of any ordinance or law that: 1.Regulates the construction, use or repair, or requires the tearing down of any property; or 2.Requires any insured or others to test for,monitor,clean up,remove,contain,treat,detoxify or neutralize, or in any way respond to or assess the effects of "pollutants". The expiration date of this policy will not cut short the "period of restoration". L."Personal property of others" means personal property that you do not own.It does not include: 1.Personal property that belongs to you,your officers,your partners or members,your managers or your "employees"; or CW 26 70 05 13 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Page 15 of 15 2.Business Personal Property leased from others. M."Premises",as respects the coverage provided for in the Accounts Receivable and Money and Securities Coverage Extensions only,means that interior portion of the building at the address shown in the Declarations that you occupy for your business. N."Securities"means negotiable and non-negotiable instruments or contracts representing either "money"or other property and includes: 1.Tokens, tickets, revenue and other stamps whether or not in current use; and 2.Evidences of debt issued in connection with credit or charge cards,which are not of your own issue; but does not include "money". O."Suspension" means the slowdown or cessation of your business activities. P."Voice communications equipment"means telephones,telephone switchboards and related equipment and component parts whose function is the transmission of voice communications and/or electronic messages or digital data. COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY DECLARATIONS_B CG DS 01_10/01 B CG DS 01 10 01 B CG DS 01 10 01 Includes copyrighted material of Insurance Services Offices, Inc., with its permission Page 1 of 2 Issuing Company:Continental Western Insurance Company,11201 Douglas Ave, Des Moines, IA 50306-1594 Claim Handling Office:P.O. Box 1594, Des Moines, IA 50306-1594: 800-235-2942 After Hours Claim Reporting: 866-232-6724 Underwriting Servicing Office:11201 Douglas Avenue, Urbandale, IA 50322; 800-235-2942 COMMERCIAL GENERAL LIABILITY DECLARATIONS Policy No.:FDK 2431286 -32 Previous Policy No.:2431286-31 NAMED INSURED AND ADDRESS AGENCY NAME AND ADDRESS 01103 Tess Corners Volunteer Fire Department W144 S6731 Tess Corners Dr Muskego,WI 53150 (800) 252-1423 RIDGEVIEW INS AGCY - FP PO BOX 40 PRAIRIE DU SAC,WI 53578 POLICY PERIOD Policy Period:From 04/01/2015 to 04/01/2016 at 12:01 A.M. Standard Time at your mailing address shown above. TOTAL ADVANCE PREMIUM $4,013 LIMITS OF INSURANCE Each Occurrence Limit $4,000,000 Damage to Premises Rented to You Limit $500,000 Any One Premises Medical Expense Limit $10,000 Any One Person Personal & Advertising Injury Limit $4,000,000 Any One Person or Organization General Aggregate Limit $10,000,000 (Other Than Products-Completed Operations) Products-Completed Operations Aggregate Limit $10,000,000 Location of All Premises You Own, Rent or Occupy: See attached "Schedule of Locations" Policy No.:FDK 2431286 -32 Page 2 of 2 Includes copyrighted material of Insurance Services Offices, Inc., with its permission B CG DS 01 10 01 CLASSIFICATION & PREMIUM The Premium & Classifications are subject to change by audit.Audit period:ANNUALLY Rate Advance Premium Classification Code No. Premium Base Prem/ Ops Prod/ Comp Ops Prem/ Ops Prod/ Comp Ops Other Wisconsin Location #1 Fire Departments - volunteer - Products-completed operations are subject to the General Aggregate Limit 43551 13,650.00 Area 15.484 $211 Wisconsin Location #2 Fire Departments - volunteer - Products-completed operations are subject to the General Aggregate Limit 43551 9,253.00 Area 15.484 $143 Wisconsin Location #3 Fire Departments - volunteer - Products-completed operations are subject to the General Aggregate Limit 43551 11,800.00 Area 15.484 $183 Wisconsin Location #4 Fire Departments - volunteer - Products-completed operations are subject to the General Aggregate Limit 43551 7,200.00 Area 15.484 $111 Premium for Endorsements $3,324 Premium for Terrorism $41 Total Advance Premium $4,013 FORMS ATTACHED TO THIS POLICY See attached "Schedule of Forms and Endorsements" COMMERCIAL GENERAL LIABILITY LIQUOR LIABILITY DECLARATIONS_B CG DS 03_07/98 B CG DS 03 07 98 B CG DS 03 07 98 Includes copyrighted material of Insurance Services Offices, Inc., with its permission Page 1 of 2 Issuing Company:Continental Western Insurance Company,11201 Douglas Ave, Des Moines, IA 50306-1594 Claim Handling Office:P.O. Box 1594, Des Moines, IA 50306-1594: 800-235-2942 After Hours Claim Reporting: 866-232-6724 Underwriting Servicing Office:11201 Douglas Avenue, Urbandale, IA 50322; 800-235-2942 LIQUOR LIABILITY DECLARATIONS Policy No.:FDK 2431286 -32 Previous Policy No.:2431286-31 NAMED INSURED AND ADDRESS AGENCY NAME AND ADDRESS 01103 Tess Corners Volunteer Fire Department W144 S6731 Tess Corners Dr Muskego,WI 53150 (800) 252-1423 RIDGEVIEW INS AGCY - FP PO BOX 40 PRAIRIE DU SAC,WI 53578 POLICY PERIOD Policy Period:From 04/01/2015 to 04/01/2016 at 12:01 A.M. Standard Time at your mailing address shown above. TOTAL ADVANCE PREMIUM $132 LIMITS OF INSURANCE Each Common Cause Limit..........................................................$4,000,000 Aggregate Limit............................................................................$10,000,000 Location of All Premises You Own, Rent or Occupy: See Schedule of Locations Policy No.:FDK 2431286 -32 Page 2 of 2 Includes copyrighted material of Insurance Services Offices, Inc., with its permission B CG DS 03 07 98 CLASSIFICATION & PREMIUM The Premium & Classifications are subject to change by audit.Audit period:ANNUALLY Code Premium Rate Advance PremiumClassification No.Base Other Wisconsin Location #1 Liquor Liability NOC 11111 $0 Gross Sales 131.779 $132 Total Advance Premium $132 FORMS ATTACHED TO THIS POLICY See attached Schedule of Forms and Endorsements COMMERCIAL GENERAL LIABILITY CW 35 31 05 13 SPECIAL PROGRAMS GL ENDORSEMENT PREMIUM SCHEDULE_CW 35 31_05/13 CW 35 31 05 13 Page 1 of 1 SPECIAL PROGRAMS GENERAL LIABILITY ENDORSEMENT PREMIUM SCHEDULE Coverage Annual Premium State:WI Emergency Medical Services Liability $803 Employment Practices Liability $1,553 Firefighter's Liability $466 Management Liability $252 Terrorism $41 State:ALL Total Additional Insured Endorsements $250 COMMERCIAL GENERAL LIABILITY CL CG FS 01 09 08 SCHEDULE OF FORMS AND ENDORSEMENTS_CL CG FS 01_09/08 CL CG FS 01 09 08 Page 1 of 1 Policy Number:FDK 2431286 -32 SCHEDULE OF FORMS AND ENDORSEMENTS The following Declarations, Coverage Forms, Conditions, and Endorsements are applicable to: Commercial General Liability State*Number Edition Description ALL B CG DS 01 10-2001 Commercial General Liability Declarations ALL B CG DS 03 07-1998 Liquor Liability Declarations ALL CW 35 31 05-2013 Special Programs General Liability Endorsement Premium Schedule ALL CL CG FS 01 09-2008 Schedule of Forms and Endorsements ALL CG 00 01 12-2007 Commercial General Liability Coverage Form ALL CG 00 33 12-2007 Liquor Liability Coverage Form ALL CG 00 68 05-2009 Recording And Distribution Of Material Or Information In Violation Of Law Exclusion ALL CG 01 24 01-1993 Wisconsin Changes - Amendment of Policy Conditions ALL CG 20 26 07-2004 Additional Insured - Designated Person Or Organization ALL CG 21 06 05-2014 Exclusion - Access or Disclosure of Confidential Or Personal Information and Data-Related Liability - With Limited Bodily Injury Exception ALL CG 21 47 12-2007 Employment Related Practices Exclusion ALL CG 21 67 12-2004 Fungi Or Bacteria Exclusion ALL CG 21 71 06-2008 Exclusion of Other Acts of Terrorism Committed Outside The United States; Cap on Losses From Certified Acts of Terrorism ALL CG 21 76 01-2008 Exclusion Of Punitive Damages Related To A Certified Act Of Terrorism ALL CG 21 87 01-2007 Exclusion Of Terrorism Relating To Disposition Of Federal Terrorism Risk Insurance Act ALL CG 21 96 03-2005 Silica Or Silica - Related Dust Exclusion ALL CL CG 21 08 07-2002 Asbestos Exclusion ALL CW 15 05 05-2011 Fire/EMS-Pak Special Events/Fundraisers Coverage Endorsement ALL CW 17 39 05-2011 Fire/EMS-Pak Employment Practices Liability Coverage ALL CW 33 85 03-2012 Fire/EMS - Pak and Public Entity Pak Management Protection Liability Coverage ALL CW 33 89 WI 10-2011 Fire/EMS-Pak Commercial General Liability Coverage Endorsement - WI *When the word "ALL" appears in the state column, the form applies to all states on the policy. COMMERCIAL GENERAL LIABILITY CG 00 01 12 07 CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 1 of 16 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine 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, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under Section II – Who Is An In- sured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V – Definitions. SECTION I – COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured be- comes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this in- surance does not apply. We may, at our discre- tion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III – Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insur- ance in the payment of judgments or set- tlements under Coverages A or B or medi- cal expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless ex- plicitly provided for under Supplementary Pay- ments – Coverages A and B. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II – Who Is An Insured and no "employee" authorized by you to give or receive notice of an "oc- currence" or claim, knew that the "bodily in- jury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any con- tinuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have oc- curred by any insured listed under Paragraph 1. of Section II – Who Is An Insured or any "employee" authorized by you to give or re- ceive notice of an "occurrence" or claim, in- cludes any continuation, change or resumption of that "bodily injury" or "property damage" af- ter the end of the policy period. d. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed un- der Paragraph 1. of Section II – Who Is An In- sured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other in- surer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has oc- curred or has begun to occur. <!-Bookmark:COMMERCIAL GENERAL LIABILITY COVERAGE FORM_CG 00 01_12/07:EndBoomark-!> Page 2 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07 e. Damages because of "bodily injury" include damages claimed by any person or organiza- tion for care, loss of services or death resulting at any time from the "bodily injury". 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a con- tract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subse- quent to the execution of the contract or agreement. Solely for the purposes of liabil- ity assumed in an "insured contract", rea- sonable attorney fees and necessary litiga- tion expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorney fees and litigation ex- penses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are al- leged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or un- der the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alco- holic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unem- ployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share dam- ages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability as- sumed by the insured under an "insured con- tract". CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 3 of 16 f. Pollution (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened dis- charge, dispersal, seepage, migration, re- lease or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your pol- icy as an additional insured with re- spect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any in- sured, other than that additional in- sured; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the han- dling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time trans- ported, handled, stored, treated, dis- posed of, or processed as waste by or for: (i) Any insured; or (ii) Any person or organization for whom you may be legally responsible; or (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or in- directly on any insured's behalf are per- forming operations if the "pollutants" are brought on or to the premises, site or lo- cation in connection with such opera- tions by such insured, contractor or sub- contractor. However, this subparagraph does not apply to: (i) "Bodily injury" or "property damage" arising out of the escape of fuels, lu- bricants or other operating fluids which are needed to perform the normal electrical, hydraulic or me- chanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or re- lease of the fuels, lubricants or other operating fluids, or if such fuels, lu- bricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being per- formed by such insured, contractor or subcontractor; (ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connec- tion with operations being performed by you or on your behalf by a con- tractor or subcontractor; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire". (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or in- directly on any insured's behalf are per- forming operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the ef- fects of, "pollutants". Page 4 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07 (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, re- move, contain, treat, detoxify or neutral- ize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or "suit" by or on behalf of a gov- ernmental authority for damages be- cause of testing for, monitoring, cleaning up, removing, containing, treating, de- toxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a govern- mental authority. g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or en- trustment to others of any aircraft, "auto" or wa- tercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employ- ment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrust- ment to others of any aircraft, "auto" or water- craft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 26 feet long; and (b) Not being used to carry persons or property for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured con- tract" for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equip- ment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is li- censed or principally garaged; or (b) the operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equip- ment". h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. i. War "Bodily injury" or "property damage", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any govern- ment, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental au- thority in hindering or defending against any of these. j. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restora- tion or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 5 of 16 (5) That particular part of real property on which you or any contractors or subcontrac- tors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those op- erations; or (6) That particular part of any property that must be restored, repaired or replaced be- cause "your work" was incorrectly per- formed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the con- tents of such premises, rented to you for a pe- riod of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Prem- ises Rented To You as described in Section III – Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclu- sion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products- completed operations hazard". k. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. l. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products- completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a sub- contractor. m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or danger- ous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and ac- cidental physical injury to "your product" or "your work" after it has been put to its intended use. n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or ex- pense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, re- placement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and ad- vertising injury". p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. q. Distribution Of Material In Violation Of Statutes "Bodily injury" or "property damage" arising di- rectly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; or (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; or (3) Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmit- ting, communicating or distribution of mate- rial or information. Page 6 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07 Exclusions c. through n. do not apply to damage by fire to premises while rented to you or tempo- rarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III – Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured be- comes legally obligated to pay as damages because of "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "per- sonal and advertising injury" to which this in- surance does not apply. We may, at our discre- tion, investigate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III – Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insur- ance in the payment of judgments or set- tlements under Coverages A or B or medi- cal expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless ex- plicitly provided for under Supplementary Pay- ments – Coverages A and B. b. This insurance applies to "personal and adver- tising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising injury" caused by or at the direction of the insured with the knowl- edge that the act would violate the rights of an- other and would inflict "personal and advertis- ing injury". b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral or written publication of material, if done by or at the direction of the insured with knowl- edge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral or written publication of material whose first publication took place before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to li- ability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract "Personal and advertising injury" arising out of a breach of contract, except an implied con- tract to use another's advertising idea in your "advertisement". g. Quality Or Performance Of Goods – Failure To Conform To Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or per- formance made in your "advertisement". h. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services stated in your "advertise- ment". i. Infringement Of Copyright, Patent, Trademark Or Trade Secret "Personal and advertising injury" arising out of the infringement of copyright, patent, trade- mark, trade secret or other intellectual property rights. Under this exclusion, such other intellec- tual property rights do not include the use of another's advertising idea in your "advertise- ment". However, this exclusion does not apply to in- fringement, in your "advertisement", of copy- right, trade dress or slogan. j. Insureds In Media And Internet Type Businesses "Personal and advertising injury" committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of web- sites for others; or CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 7 of 16 (3) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs 14.a., b. and c. of "personal and advertising injury" under the Definitions Sec- tion. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertis- ing, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the in- sured hosts, owns, or over which the insured exercises control. l. Unauthorized Use Of Another's Name Or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mis- lead another's potential customers. m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or es- cape of "pollutants" at any time. n. Pollution-Related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of a govern- mental authority for damages because of testing for, monitoring, cleaning up, remov- ing, containing, treating, detoxifying or neu- tralizing, or in any way responding to, or assessing the effects of, "pollutants". o. War "Personal and advertising injury", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any govern- ment, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental au- thority in hindering or defending against any of these. p. Distribution Of Material In Violation Of Statutes "Personal and advertising injury" arising di- rectly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; or (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; or (3) Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmit- ting, communicating or distribution of mate- rial or information. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (a) The accident takes place in the "cover- age territory" and during the policy pe- riod; (b) The expenses are incurred and reported to us within one year of the date of the accident; and (c) The injured person submits to examina- tion, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the ap- plicable limit of insurance. We will pay reason- able expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic de- vices; and (3) Necessary ambulance, hospital, profes- sional nursing and funeral services. Page 8 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07 2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occu- pies. d. Workers Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a work- ers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. f. Products-Completed Operations Hazard Included within the "products-completed opera- tions hazard". g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS – COVERAGES A AND B 1. We will pay, with respect to any claim we investi- gate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the in- sured at our request to assist us in the investi- gation or defense of the claim or "suit", includ- ing actual loss of earnings up to $250 a day because of time off from work. e. All court costs taxed against the insured in the "suit". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment in- terest based on that period of time after the of- fer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or depos- ited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insur- ance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks dam- ages for which the insured has assumed the li- ability of the indemnitee in a contract or agree- ment that is an "insured contract"; b. This insurance applies to such liability as- sumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been as- sumed by the insured in the same "insured contract"; d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the inter- ests of the insured and the interests of the in- demnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indem- nitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit"; (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coor- dinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 9 of 16 (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attor- neys' fees incurred by us in the defense of that in- demnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I – Cov- erage A – Bodily Injury And Property Damage Li- ability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litiga- tion expenses as Supplementary Payments ends when we have used up the applicable limit of in- surance in the payment of judgments or settle- ments or the conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION II – WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insur- eds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an in- sured. Your members, your partners, and their spouses are also insureds, but only with re- spect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their du- ties as your officers or directors. Your stock- holders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their du- ties as trustees. 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "em- ployees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited li- ability company), to a co-"employee" while in the course of his or her em- ployment or performing duties related to the conduct of your business, or to your other "volunteer workers" while perform- ing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volun- teer worker" as a consequence of Para- graph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. (2) "Property damage" to property: (a) Owned, occupied or used by, (b) Rented to, in the care, custody or con- trol of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any mem- ber (if you are a limited liability company). Page 10 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07 b. Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That represen- tative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named In- sured if there is no other similar insurance avail- able to that organization. However: a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III – LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay re- gardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and c. Damages under Coverage B. 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed op- erations hazard". 4. Subject to Paragraph 2. above, the Personal and Advertising Injury Limit is the most we will pay un- der Coverage B for the sum of all damages be- cause of all "personal and advertising injury" sus- tained by any one person or organization. 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property dam- age" arising out of any one "occurrence". 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above, the Medical Ex- pense Limit is the most we will pay under Cover- age C for all medical expenses because of "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an 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 Limits of Insurance. SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obliga- tions under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent pos- sible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 11 of 16 (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written no- tice of the claim or "suit" as soon as practica- ble. c. You and any other involved insured must: (1) Immediately send us copies of any de- mands, notices, summonses or legal pa- pers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the en- forcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the ap- plicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claim- ant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Cover- ages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Para- graph b. below applies. If this insurance is pri- mary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insur- ance by the method described in Paragraph c. below. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (ii) That is Fire insurance for premises rented to you or temporarily occu- pied by you with permission of the owner; (iii) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occu- pied by you with permission of the owner; or (iv) If the loss arises out of the mainte- nance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I – Coverage A – Bodily Injury And Property Dam- age Liability. (b) Any other primary insurance available to you covering liability for damages aris- ing out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured by attachment of an endorsement. (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer de- fends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. Page 12 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07 (3) 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 in- surance. (4) We will share the remaining loss, if any, with any other insurance that is not de- scribed in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. 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 con- tributes equal amounts until it has paid its ap- plicable 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 limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Cover- age Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as ad- vance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computa- tion, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accu- rate and complete; b. Those statements are based upon representa- tions you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this in- surance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. 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 in- sured 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. 9. 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 expi- ration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V – DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific mar- ket segments about your goods, products or ser- vices for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web-sites, only that part of a web- site that is about your goods, products or ser- vices for the purposes of attracting customers or supporters is considered an advertisement. 2. "Auto" means: a. A land motor vehicle, trailer or semitrailer de- signed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a com- pulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However, "auto" does not include "mobile equip- ment". CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 13 of 16 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death re- sulting from any of these at any time. 4. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. 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 a. above; or c. All other parts of the world if the injury or dam- age arises out of: (1) Goods or products made or sold by you in the territory described in Paragraph a. above; (2) The activities of a person whose home is in the territory described in Paragraph a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or simi- lar electronic means of communication provided the insured's responsibility to pay dam- ages is determined in a "suit" on the merits, in the territory described in Paragraph a. above or in a settlement we agree to. 5. "Employee" includes a "leased worker". "Em- ployee" does not include a "temporary worker". 6. "Executive officer" means a person holding any of the officer positions created by your charter, con- stitution, by-laws or any other similar governing document. 7. "Hostile fire" means one which becomes uncon- trollable or breaks out from where it was intended to be. 8. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, defi- cient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the re- pair, replacement, adjustment or removal of "your product" or "your work" or your fulfilling the terms of the contract or agreement. 9. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of prem- ises that indemnifies any person or organiza- tion for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition op- erations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an in- demnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property dam- age" to a third person or organization. Tort li- ability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of con- struction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road- beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifi- cations; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the in- sured's rendering or failure to render pro- fessional services, including those listed in (2) above and supervisory, inspection, ar- chitectural or engineering activities. Page 14 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07 10. "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. "Leased worker" does not include a "temporary worker". 11. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, water- craft or "auto" to the place where it is finally de- livered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not at- tached to the aircraft, watercraft or "auto". 12. "Mobile equipment" means any of the following types of land vehicles, including any attached ma- chinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, main- tained primarily to provide mobility to perma- nently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in Paragraph a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to per- manently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in Paragraph a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the fol- lowing types of permanently attached equip- ment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehi- cle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 13. "Occurrence" means an accident, including con- tinuous or repeated exposure to substantially the same general harmful conditions. 14. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person oc- cupies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication, in any manner, of material that slanders or libels a person or or- ganization or disparages a person's or organi- zation's goods, products or services; e. Oral or written publication, in any manner, of material that violates a person's right of pri- vacy; f. The use of another's advertising idea in your "advertisement"; or g. Infringing upon another's copyright, trade dress or slogan in your "advertisement". CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 15 of 16 15. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 16. "Products-completed operations hazard": a. Includes all "bodily injury" and "property dam- age" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical pos- session; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the fol- lowing times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your con- tract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equip- ment or abandoned or unused materials; or (3) Products or operations for which the classi- fication, listed in the Declarations or in a policy schedule, states that products- completed operations are subject to the General Aggregate Limit. 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occur- rence" that caused it. For the purposes of this insurance, electronic data is not tangible property. As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from com- puter software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 18. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this in- surance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such dam- ages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution pro- ceeding in which such damages are claimed and to which the insured submits with our con- sent. 19. "Temporary worker" means a person who is fur- nished to you to substitute for a permanent "em- ployee" on leave or to meet seasonal or short-term workload conditions. 20. "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. 21. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, dis- tributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose busi- ness or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, du- rability, performance or use of "your prod- uct"; and Page 16 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07 (2) The providing of or failure to provide warn- ings or instructions. c. Does not include vending machines or other property rented to or located for the use of oth- ers but not sold. 22. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, du- rability, performance or use of "your work", and (2) The providing of or failure to provide warn- ings or instructions. COMMERCIAL GENERAL LIABILITY CG 00 33 12 07 CG 00 33 12 07 © ISO Properties, Inc., 2006 Page 1 of 6 LIQUOR LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine 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, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the Company providing this insurance. The word "insured" means any person or organization qualifying as such under Section II – Who Is An In- sured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V – Definitions. SECTION I – LIQUOR LIABILITY COVERAGE 1. Insuring Agreement a. We will pay those sums that the insured be- comes legally obligated to pay as damages because of "injury" to which this insurance ap- plies if liability for such "injury" is imposed on the insured by reason of the selling, serving or furnishing of any alcoholic beverage. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "injury" to which this insurance does not apply. We may, at our discretion, investigate any "in- jury" and settle any claim or "suit" that may re- sult. But: (1) The amount we will pay for damages is limited as described in Section III – Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insur- ance in the payment of judgments or set- tlements. No other obligation or liability to pay sums or perform acts or services is covered unless ex- plicitly provided for under Supplementary Pay- ments. b. This insurance applies to "injury" only if: (1) The "injury" occurs during the policy period in the "coverage territory"; and (2) Prior to the policy period, no insured listed under Paragraph 1. of Section II – Who Is An Insured and no "employee" authorized by you to give or receive notice of an "in- jury" or claim, knew that the "injury" had oc- curred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "injury" occurred, then any continuation, change or resumption of such "injury" during or after the policy period will be deemed to have been known prior to the policy period. c. "Injury" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section II – Who Is An Insured or any "employee" authorized by you to give or receive notice of an "injury" or claim, includes any continuation, change or resumption of that "injury" after the end of the policy period. d. "Injury" will be deemed to have been known to have occurred at the earliest time when any in- sured listed under Paragraph 1. of Section II – Who Is An Insured or any "employee" author- ized by you to give or receive notice of an "in- jury" or claim: (1) Reports all, or any part, of the "injury" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "injury"; or (3) Becomes aware by any other means that "injury" has occurred or has begun to occur. 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Injury" expected or intended from the stand- point of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or prop- erty. b. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unem- ployment compensation law or any similar law. <!-Bookmark:LIQUOR LIABILITY COVERAGE FORM_CG 00 33_12/07:EndBoomark-!> Page 2 of 6 © ISO Properties, Inc., 2006 CG 00 33 12 07 c. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share dam- ages with or repay someone else who must pay damages because of the "injury". d. Liquor License Not In Effect "Injury" arising out of any alcoholic beverage sold, served or furnished while any required li- cense is not in effect. e. Your Product "Injury" arising out of "your product". This ex- clusion does not apply to "injury" for which the insured or the insured's indemnitees may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or un- der the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alco- holic beverages. f. Other Insurance Any "injury" with respect to which other insur- ance is afforded, or would be afforded but for the exhaustion of the limits of insurance. This exclusion does not apply if the other in- surance responds to liability for "injury" im- posed on the insured by reason of the selling, serving or furnishing of any alcoholic beverage. g. War "Injury", however caused, arising, directly or in- directly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any govern- ment, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental au- thority in hindering or defending against any of these. SUPPLEMENTARY PAYMENTS We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: 1. All expenses we incur. 2. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of in- surance. We do not have to furnish these bonds. 3. All reasonable expenses incurred by the insured at our request to assist us in the investigation or de- fense of the claim or "suit", including actual loss of earnings up to $250 a day because of time off from work. 4. All court costs taxed against the insured in the "suit". However, these payments do not include at- torneys' fees or attorneys' expenses taxed against the insured. 5. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. 6. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. 7. Expenses incurred by the insured for first aid ad- ministered to others at the time of an event to which this insurance applies. These payments will not reduce the limits of insur- ance. SECTION II – WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insur- eds. b. A partnership or joint venture, you are an in- sured. Your members, your partners, and their spouses are also insureds, but only with re- spect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. CG 00 33 12 07 © ISO Properties, Inc., 2006 Page 3 of 6 d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their du- ties as your officers or directors. Your stock- holders are also insureds, but only with respect to their liability as stockholders. 2. Each of the following is also an insured: a. Your "employees", other than either your "ex- ecutive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "em- ployees" is an insured for: (1) "Injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited li- ability company), or to a co-"employee" while that co-"employee" is either in the course of his or her employment or per- forming duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" as a conse- quence of Paragraph (a) above; or (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (a) or (b) above. (2) "Property damage" to property: (a) Owned or occupied by, or (b) Rented or loaned to that "employee", any of your other "em- ployees", by any of your partners or mem- bers (if you are a partnership or joint ven- ture), or by any of your members (if you are a limited liability company). b. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. c. Your legal representative if you die, but only with respect to duties as such. That represen- tative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named In- sured if there is no other similar insurance avail- able to that organization. However: a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and b. Coverage does not apply to "injury" that oc- curred before you acquired or formed the or- ganization. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III – LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay re- gardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The Aggregate Limit is the most we will pay for all "injury" as the result of the selling, serving or fur- nishing of alcoholic beverages. 3. Subject to the Aggregate Limit, the Each Common Cause Limit is the most we will pay for all "injury" sustained by one or more persons or organiza- tions as the result of the selling, serving or furnish- ing of any alcoholic beverage to any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an 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 Limits of Insurance. SECTION IV – LIQUOR LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obliga- tions under this Coverage Part. Page 4 of 6 © ISO Properties, Inc., 2006 CG 00 33 12 07 2. Duties In The Event Of Injury, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "injury" which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "injury" took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any "injury". b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written no- tice of the claim or "suit" as soon as practica- ble. c. You and any other involved insured must: (1) Immediately send us copies of any de- mands, notices, summonses or legal pa- pers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the en- forcement of any right against any person or organization which may be liable to the insured because of "injury" to which this in- surance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the ap- plicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claim- ant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this Cov- erage Part, our obligations are limited as follows: a. Primary Insurance 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 b. below. b. 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 con- tributes equal amounts until it has paid its ap- plicable 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 limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Cover- age Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as ad- vance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. CG 00 33 12 07 © ISO Properties, Inc., 2006 Page 5 of 6 c. The first Named Insured must keep records of the information we need for premium computa- tion, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accu- rate and complete; b. Those statements are based upon representa- tions you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this in- surance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. 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 in- sured 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. 9. 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 expi- ration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V – DEFINITIONS 1. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death re- sulting from any of these at any time. 2. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the "injury" occurs in the course of travel or trans- portation between any places included in Paragraph a. above; or c. All other parts of the world if the "injury" arises out of: (1) Goods or products made or sold by you in the territory described in Paragraph a. above; or (2) The activities of a person whose home is in the territory described in Paragraph a. above, but is away for a short time on your business provided the insured's responsibility to pay damages is determined in a "suit" on the mer- its, in the territory described in Paragraph a. above or in a settlement we agree to. 3. "Employee" includes a "leased worker". "Em- ployee" does not include a "temporary worker". 4. "Executive Officer" means a person holding any of the officer positions created by your charter, con- stitution, by-laws or any other similar governing document. 5. "Injury" means damages because of "bodily injury" and "property damage", including damages for care, loss of services or loss of support. 6. "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. "Leased worker" does not include a "temporary worker". 7. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. 8. "Suit" means a civil proceeding in which damages because of "injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such dam- ages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution pro- ceeding in which such damages are claimed and to which the insured submits with our con- sent. 9. "Temporary worker" means a person who is fur- nished to you to substitute for a permanent "em- ployee" on leave or to meet seasonal or short-term workload conditions. Page 6 of 6 © ISO Properties, Inc., 2006 CG 00 33 12 07 10. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, dis- tributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose busi- ness or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, du- rability, performance or use of "your prod- uct", and (2) The providing of or failure to provide warn- ings or instructions. c. Does not include vending machines or other property rented to or located for the use of oth- ers but not sold. COMMERCIAL GENERAL LIABILITY CG 00 68 05 09 CG 00 68 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion q. of Paragraph 2. Exclusions of Sec- tion I – Coverage A – Bodily Injury And Prop- erty Damage Liability is replaced by the follow- ing: 2. Exclusions This insurance does not apply to: q. Recording And Distribution Of Material Or Information In Violation Of Law "Bodily injury" or "property damage" arising directly or indirectly out of any action or omission that violates or is alleged to vio- late: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accu- rate Credit Transaction Act (FACTA); or (4) Any federal, state or local statute, ordi- nance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and addi- tions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmit- ting, communicating or distribution of material or information. B. Exclusion p. of Paragraph 2. Exclusions of Sec- tion I – Coverage B – Personal And Advertising Injury Liability is replaced by the following: 2. Exclusions This insurance does not apply to: p. Recording And Distribution Of Material Or Information In Violation Of Law "Personal and advertising injury" arising di- rectly or indirectly out of any action or omis- sion that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accu- rate Credit Transaction Act (FACTA); or (4) Any federal, state or local statute, ordi- nance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and addi- tions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmit- ting, communicating or distribution of material or information. <!-Bookmark:RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION_CG 00 68_05/09:EndBoomark-!> COMMERCIAL GENERAL LIABILITY CG 01 24 01 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 01 24 01 93 Copyright, Insurance Services Office, Inc., 1984, 1992 Page 1 of 1 oo WISCONSIN CHANGES – AMENDMENT OF POLICY CONDITIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART 1.The following is added to CHANGES (Common Policy Conditions): If one of our agents knows of a fact that breaches a condition of this Coverage Part, we will be con- sidered to have knowledge of this same fact if: a.The agent knows of this fact at the time the Coverage Part is issued or an application is made; or b.The agent later learns of this fact in the course of his dealings as an agent with you. Any fact that breaches a condition of this Cover- age Part and is known to the agent prior to loss shall not void the Coverage Part or prevent a re- covery in the event of loss. 2.The LEGAL ACTION AGAINST US Condition (Section IV) does not apply. 3.The following is added to Condition 6. REPRE- SENTATIONS (Section IV): No misrepresentation or breach of affirmative war- ranty made by you or on your behalf in the nego- tiation of this Coverage Part affects our obligation under this Coverage Part unless: a.We rely on it and it is either material or made with intent to deceive; or b.The facts misrepresented or falsely warranted contribute to the loss. No failure of a condition before the loss and no breach of a promissory warranty affects our obli- gation under this Coverage Part unless such fail- ure or breach: a.Exists at the time of the loss; and b.Either increases the risk at the time of the loss or contributes to the loss. The provisions of this condition do not apply to nonpayment of premium. 4.Condition 8. TRANSFER OF RIGHTS OF RE- COVERY AGAINST OTHERS TO US (Section IV) is replaced by the following: In the event of any payment under this Coverage Part, we will be entitled to the insured's rights of recovery against any person or organization and the insured will do whatever is necessary to se- cure such rights. We will be entitled to a recovery only after the insured has been fully compensated for damages. 5.CONFORMITY TO STATUTE OR RULE Any provision of this policy (including endorse- ments which modify the policy) that is in conflict with a Wisconsin statute or rule is hereby amended to conform to that statute or rule. The term rule means a valid rule promulgated by the Commissioner of Insurance in accordance with the rule-making authority conferred under Wis. Stat. Ann. Section 227.11(2) and published in the Wisconsin Administrative Code. <!-Bookmark:WISCONSIN CHANGES - AMENDMENT OF POLICY CONDITIONS_CG 01 24_01/93:EndBoomark-!> COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION_CG 20 26_07/04 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) City of Muskego W182 S8200 Racine Ave Muskego,WI 53150 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II -Who Is An Insured is 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"or "personal and advertising injury"caused, in whole or in part,by your acts or omissions or the acts or omissions of those acting on your behalf: A.In the performance of your ongoing operations; or B.In connection with your premises owned by or rented to you. COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION_CG 20 26_07/04 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Tess Corners Volunteer Fire Dept Junior Cadets Muskego,WI 53150 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II -Who Is An Insured is 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"or "personal and advertising injury"caused, in whole or in part,by your acts or omissions or the acts or omissions of those acting on your behalf: A.In the performance of your ongoing operations; or B.In connection with your premises owned by or rented to you. COMMERCIAL GENERAL LIABILITY CG 21 06 05 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 21 06 05 14 © Insurance Services Office, Inc., 2013 Page 1 of 1 EXCLUSION – ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA-RELATED LIABILITY – WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of Section I – Coverage A – Bodily Injury And Property Damage Liability is replaced by the following: 2. Exclusions This insurance does not apply to: p. Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability Damages arising out of: (1) Any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of "bodily injury". As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section I – Coverage B – Personal And Advertising Injury Liability: 2. Exclusions This insurance does not apply to: Access Or Disclosure Of Confidential Or Personal Information "Personal and advertising injury" arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information. <!-Bookmark:EXCLUSION-ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFO AND DATA RELATED LIABILITY_CG 21 06_05/14:EndBoomark-!> COMMERCIAL GENERAL LIABILITY CG 21 47 12 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 21 47 12 07 © ISO Properties, Inc., 2006 Page 1 of 1 EMPLOYMENT-RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2., Exclusions of Section I – Coverage A – Bodily Injury And Property Damage Liability: This insurance does not apply to: "Bodily injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment-related practices, policies, acts or omissions, such as coercion, demo- tion, evaluation, reassignment, discipline, defamation, harassment, humiliation, dis- crimination or malicious prosecution di- rected at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any of the employment- related practices described in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the injury-causing event described in Paragraphs (a), (b) or (c) above occurs before employment, during employment or after em- ployment of that person; (2) Whether the insured may be liable as an em- ployer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury. B. The following exclusion is added to Paragraph 2., Exclusions of Section I – Coverage B – Per- sonal And Advertising Injury Liability: This insurance does not apply to: "Personal and advertising injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment-related practices, policies, acts or omissions, such as coercion, demo- tion, evaluation, reassignment, discipline, defamation, harassment, humiliation, dis- crimination or malicious prosecution di- rected at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "personal and advertising injury" to that person at whom any of the employment-related practices described in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the injury-causing event described in Paragraphs (a), (b) or (c) above occurs before employment, during employment or after em- ployment of that person; (2) Whether the insured may be liable as an em- ployer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury. <!-Bookmark:EMPLOYMENT - RELATED PRACTICES EXCLUSION_CG 21 47_12/07:EndBoomark-!> COMMERCIAL GENERAL LIABILITY CG 21 67 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 21 67 12 04 © ISO Properties, Inc., 2003 Page 1 of 1 !!!! FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverage A – Bodily Injury And Property Damage Liability: 2. Exclusions This insurance does not apply to: Fungi Or Bacteria a. "Bodily injury" or "property damage" which would not have occurred, in whole or in part, but for the actual, alleged or threatened in- halation of, ingestion of, contact with, expo- sure to, existence of, or presence of, any "fungi" or bacteria on or within a building or structure, including its contents, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to such injury or damage. b. Any loss, cost or expenses arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of, "fungi" or bacteria, by any insured or by any other person or entity. This exclusion does not apply to any "fungi" or bacteria that are, are on, or are contained in, a good or product intended for bodily consump- tion. B. The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverage B – Per- sonal And Advertising Injury Liability: 2. Exclusions This insurance does not apply to: Fungi Or Bacteria a. "Personal and advertising injury" which would not have taken place, in whole or in part, but for the actual, alleged or threat- ened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of any "fungi" or bacteria on or within a building or structure, including its contents, regardless of whether any other cause, event, material or product contributed con- currently or in any sequence to such injury. b. Any loss, cost or expense arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of, "fungi" or bacteria, by any insured or by any other person or entity. C. The following definition is added to the Definitions Section: "Fungi" means any type or form of fungus, includ- ing mold or mildew and any mycotoxins, spores, scents or byproducts produced or released by fungi. <!-Bookmark:FUNGI OR BACTERIA EXCLUSION_CG 21 67_12/04:EndBoomark-!> COMMERCIAL GENERAL LIABILITY CG 21 71 06 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 21 71 06 08 © Insurance Services Office, Inc., 2008 Page 1 of 2 EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES; CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The following exclusion is added: This insurance does not apply to: TERRORISM "Any injury or damage" arising, directly or indi- rectly, out of an "other act of terrorism" that is committed outside of the United States (including its territories and possessions and Puerto Rico), but within the "coverage territory". However, this exclusion applies only when one or more of the following are attributed to such act: 1. The total of insured damage to all types of property exceeds $25,000,000 (valued in U.S. dollars). In determining whether the $25,000,000 threshold is exceeded, we will in- clude all insured damage sustained by property of all persons and entities affected by the ter- rorism and business interruption losses sus- tained by owners or occupants of the damaged property. For the purpose of this provision, in- sured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the applica- tion of any terrorism exclusions; or 2. Fifty or more persons sustain death or serious physical injury. For the purposes of this provi- sion, serious physical injury means: a. Physical injury that involves a substantial risk of death; or b. Protracted and obvious physical disfigure- ment; or c. Protracted loss of or impairment of the function of a bodily member or organ; or 3. The terrorism involves the use, release or escape of nuclear materials, or directly or indi- rectly results in nuclear reaction or radiation or radioactive contamination; or 4. The terrorism is carried out by means of the dispersal or application of pathogenic or poi- sonous biological or chemical materials; or 5. Pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the terrorism was to release such materials. With respect to this exclusion, Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an "other act of terror- ism" and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. B. The following definitions are added: 1. For the purposes of this endorsement, "any injury or damage" means any injury or damage covered under any Coverage Part to which this endorsement is applicable, and includes but is not limited to "bodily injury", "property dam- age", "personal and advertising injury", "injury" or "environmental damage" as may be defined in any applicable Coverage Part. <!-Bookmark:EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES; CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM_CG 21 71_06/08:EndBoomark-!> Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 21 71 06 08 2. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria con- tained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: a. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terror- ism Risk Insurance Act; b. The act resulted in damage: (1) Within the United States (including its territories and possessions and Puerto Rico); or (2) Outside of the United States in the case of: (a) An air carrier (as defined in Section 40102 of title 49, United States Code) or United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), re- gardless of where the loss occurs; or (b) The premises of any United States mission; and c. The act is a violent act or an act that is dangerous to human life, property or infra- structure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the con- duct of the United States Government by coercion. 3. "Other act of terrorism" means a violent act or an act that is dangerous to human life, property or infrastructure that is committed by an indi- vidual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion, and the act is not a "certified act of terrorism". Multiple incidents of an "other act of terrorism" which occur within a seventy-two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. C. In the event of an "other act of terrorism" that is not subject to this exclusion, coverage does not apply to any loss or damage that is otherwise ex- cluded under this Coverage Part. D. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk In- surance Act exceed $100 billion in a Program Year (January 1 through December 31) and we have met our insurer deductible under the Terror- ism Risk Insurance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures es- tablished by the Secretary of the Treasury. COMMERCIAL GENERAL LIABILITY CG 21 76 01 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 21 76 01 08 © ISO Properties, Inc., 2007 Page 1 of 1 EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The following exclusion is added: This insurance does not apply to: TERRORISM PUNITIVE DAMAGES Damages arising, directly or indirectly, out of a "certified act of terrorism" that are awarded as pu- nitive damages. B. The following definition is added: "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in con- currence with the Secretary of State and the Attor- ney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terror- ism Risk Insurance Act for a "certified act of terror- ism" include the following: 1. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and 2. The act is a violent act or an act that is dan- gerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian popu- lation of the United States or to influence the policy or affect the conduct of the United States Government by coercion. <!-Bookmark:EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM_CG 21 76_01/08:EndBoomark-!> COMMERCIAL GENERAL LIABILITY CG 21 87 01 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 21 87 01 07 © ISO Properties, Inc., 2005 Page 1 of 3 CONDITIONAL EXCLUSION OF TERRORISM (RELATING TO DISPOSITION OF FEDERAL TERRORISM RISK INSURANCE ACT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. Applicability Of The Provisions Of This Endorsement 1. The provisions of this endorsement be- come applicable commencing on the date when any one or more of the following first occurs. But if your policy (meaning the pol- icy period in which this endorsement ap- plies) begins after such date, then the pro- visions of this endorsement become applicable on the date your policy begins. a. The federal Terrorism Risk Insurance Program ("Program"), established by the Terrorism Risk Insurance Act, has ter- minated with respect to the type of in- surance provided under this Coverage Part or Policy; or b. A renewal, extension or replacement of the Program has become effective with- out a requirement to make terrorism coverage available to you and with revi- sions that: (1) Increase our statutory percentage deductible under the Program for ter- rorism losses. (That deductible de- termines the amount of all certified terrorism losses we must pay in a calendar year, before the federal gov- ernment shares in subsequent pay- ment of certified terrorism losses.); or (2) Decrease the federal government's statutory percentage share in poten- tial terrorism losses above such de- ductible; or (3) Redefine terrorism or make insur- ance coverage for terrorism subject to provisions or requirements that differ from those that apply to other types of events or occurrences under this policy. 2. If the provisions of this endorsement be- come applicable, such provisions: a. Supersede any terrorism endorsement already endorsed to this policy that ad- dresses "certified acts of terrorism" and/or "other acts of terrorism", but only with respect to an incident(s) of terror- ism (however defined) which results in injury or damage that occurs on or after the date when the provisions of this en- dorsement become applicable (for claims made policies, such an endorse- ment is superseded only with respect to an incident of terrorism (however de- fined) that results in a claim for injury or damage first being made on or after the date when the provisions of this en- dorsement become applicable); and b. Remain applicable unless we notify you of changes in these provisions, in re- sponse to federal law. <!-Bookmark:CONDITIONAL EXCLUSION OF TERRORISM (RELATING TO DISPOSITION OF FEDERAL TERRORISM RISK INSURANCE ACT)_CG 21 87_01/07:EndBoomark-!> Page 2 of 3 © ISO Properties, Inc., 2005 CG 21 87 01 07 3. If the provisions of this endorsement do NOT become applicable, any terrorism en- dorsement already endorsed to this policy, that addresses "certified acts of terrorism" and/or "other acts of terrorism", will con- tinue in effect unless we notify you of changes to that endorsement in response to federal law. B. The following definitions are added and apply under this endorsement wherever the term terror- ism, or the phrase any injury or damage, are en- closed in quotation marks: 1. "Terrorism" means activities against persons, organizations or property of any nature: a. That involve the following or preparation for the following: (1) Use or threat of force or violence; or (2) Commission or threat of a dangerous act; or (3) Commission or threat of an act that interferes with or disrupts an electronic, communication, information, or me- chanical system; and b. When one or both of the following applies: (1) The effect is to intimidate or coerce a government or the civilian population or any segment thereof, or to disrupt any segment of the economy; or (2) It appears that the intent is to intimidate or coerce a government, or to further political, ideological, religious, social or economic objectives or to express (or express opposition to) a philosophy or ideology. 2. "Any injury or damage" means any injury or damage covered under any Coverage Part or Policy to which this endorsement is applicable, and includes but is not limited to "bodily injury", "property damage", "personal and advertising injury", "injury" or "environmental damage" as may be defined in any applicable Coverage Part or Policy. C. The following exclusion is added: EXCLUSION OF TERRORISM We will not pay for "any injury or damage" caused directly or indirectly by "terrorism", including action in hindering or defending against an actual or ex- pected incident of "terrorism". "Any injury or dam- age" is excluded regardless of any other cause or event that contributes concurrently or in any se- quence to such injury or damage. But this exclu- sion applies only when one or more of the fol- lowing are attributed to an incident of "terrorism": 1. The "terrorism" is carried out by means of the dispersal or application of radioactive material, or through the use of a nuclear weapon or de- vice that involves or produces a nuclear reac- tion, nuclear radiation or radioactive contami- nation; or 2. Radioactive material is released, and it ap- pears that one purpose of the "terrorism" was to release such material; or 3. The "terrorism" is carried out by means of the dispersal or application of pathogenic or poi- sonous biological or chemical materials; or 4. Pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the "terrorism" was to release such materials; or 5. The total of insured damage to all types of property exceeds $25,000,000. In determining whether the $25,000,000 threshold is ex- ceeded, we will include all insured damage sustained by property of all persons and enti- ties affected by the "terrorism" and business in- terruption losses sustained by owners or occu- pants of the damaged property. For the purpose of this provision, insured damage means damage that is covered by any insur- ance plus damage that would be covered by any insurance but for the application of any ter- rorism exclusions; or 6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provi- sion, serious physical injury means: a. Physical injury that involves a substantial risk of death; or b. Protracted and obvious physical disfigure- ment; or c. Protracted loss of or impairment of the function of a bodily member or organ. CG 21 87 01 07 © ISO Properties, Inc., 2005 Page 3 of 3 Multiple incidents of "terrorism" which occur within a 72-hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident, for the purpose of determining whether the thresholds in Paragraphs C.5. or C.6. are exceeded. With respect to this Exclusion, Paragraphs C.5. and C.6. describe the threshold used to measure the magnitude of an incident of "terrorism" and the circumstances in which the threshold will apply, for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion ap- plies to an incident of "terrorism", there is no cov- erage under this Coverage Part or Policy. In the event of any incident of "terrorism" that is not subject to this Exclusion, coverage does not apply to "any injury or damage" that is otherwise excluded under this Coverage Part or Policy. COMMERCIAL GENERAL LIABILITY CG 21 96 03 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 21 96 03 05 © ISO Properties, Inc., 2004 Page 1 of 1 !!!! SILICA OR SILICA-RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2., Exclusions of Section I – Coverage A – Bodily Injury And Property Damage Liability: 2. Exclusions This insurance does not apply to: Silica Or Silica-Related Dust a. "Bodily injury" arising, in whole or in part, out of the actual, alleged, threatened or sus- pected inhalation of, or ingestion of, "silica" or "silica-related dust". b. "Property damage" arising, in whole or in part, out of the actual, alleged, threatened or suspected contact with, exposure to, ex- istence of, or presence of, "silica" or "silica- related dust". c. Any loss, cost or expense arising, in whole or in part, out of the abating, testing for, monitoring, cleaning up, removing, contain- ing, treating, detoxifying, neutralizing, reme- diating or disposing of, or in any way re- sponding to or assessing the effects of, "silica" or "silica-related dust", by any in- sured or by any other person or entity. B. The following exclusion is added to Paragraph 2., Exclusions of Section I – Coverage B – Per- sonal And Advertising Injury Liability: 2. Exclusions This insurance does not apply to: Silica Or Silica-Related Dust a. "Personal and advertising injury" arising, in whole or in part, out of the actual, alleged, threatened or suspected inhalation of, in- gestion of, contact with, exposure to, exis- tence of, or presence of, "silica" or "silica- related dust". b. Any loss, cost or expense arising, in whole or in part, out of the abating, testing for, monitoring, cleaning up, removing, contain- ing, treating, detoxifying, neutralizing, reme- diating or disposing of, or in any way re- sponding to or assessing the effects of, "silica" or "silica-related dust", by any in- sured or by any other person or entity. C. The following definitions are added to the Defini- tions Section: 1. "Silica" means silicon dioxide (occurring in crystalline, amorphous and impure forms), sil- ica particles, silica dust or silica compounds. 2. "Silica-related dust" means a mixture or combi- nation of silica and other dust or particles. <!-Bookmark:SILICA OR SILICA - RELATED DUST EXCLUSION_CG 21 96_03/05:EndBoomark-!> COMMERCIAL GENERAL LIABILITY CL CG 21 08 07 02 ASBESTOS EXCLUSION_CL CG 21 08_07/02 CL CG 21 08 07 02 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A.The following is added to Paragraph 2., Exclusions of both Section I - Coverage A - Bodily Injury And Property Damage Liability, and Section I - Coverage B - Personal And Advertising Injury Liability: This insurance does not apply to: Asbestos a. "Bodily injury", "property damage", "personal and advertising injury" or "reduction in value" related to the actual, alleged, or threatened presence of, or exposure to "asbestos" in any form, or to harmful substances emanating from "asbestos". This includes ingestion, in- halation, absorption, contact with, existence or presence of, or exposure to "asbestos". Such injury from or exposure to "asbestos" also includes, but is not limited to: 1.The existence, installation, storage, handling or transportation of "asbestos"; 2.The removal, abatement or containment of "asbestos" from any structures, materials, goods, products, or manufacturing process; 3.The disposal of "asbestos"; 4.Any structures, manufacturing processes, or products containing "asbestos"; 5.Any obligation to share damages with or repay someone else who must pay damages because of such injury or damage; or 6.Any supervision, instructions, recommendations, warnings or advice given or which should have been given in connection with the above. b.Any loss, cost or expense, including, but not limited to payment for investigation or defense, fines, penalties and other costs or expenses, arising out of any: 1.Claim, "suit", demand, judgment, obligation, order, request, settlement, or statutory or regulatory requirement that any insured or any other person or entity test for, monitor, clean up, remove, contain, mitigate, treat, neutralize, remediate, or dispose of, or in any way respond to, or assess the actual or alleged effects of "asbestos", or 2.Claim, "suit", demand, judgment, obligation, request, or settlement due to any actual, alleged, or threatened injury or damage from "asbestos" or testing for, monitoring, cleaning up, removing, containing, mitigating, treating, neutralizing, remediating, or disposing of, or in any way responding to or assessing the actual or alleged effects of, "asbestos" by any insured or by any other person or entity; or 3.Claim, "suit", demand, judgment, obligation, or request to investigate which would not have occurred, in whole or in part, but for the actual or alleged presence of or exposure to "asbestos". This exclusion applies regardless of who manufactured, produced, installed, used, owned, sold, distributed, handled, stored or controlled the "asbestos". B.The following exclusion is added to Paragraph 2., Exclusions, of Coverage C Medical Payments: We will not pay expenses for "bodily injury": Asbestos Due to the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of or presence of, "asbestos" in any form. C.The following definitions are added to the Definitions Section: "Asbestos" means any type or form of asbestos, asbestos fibers, asbestos products, or asbestos materials, including any products, goods, or materials containing asbestos or asbestos fibers, products or materials and any gases, vapors, scents or by-products produced or released by asbestos. "Reduction in value" means any claim, demand or "suit" that alleges diminution, impairment or devaluation of property. GENERAL LIABILITY CW 15 05 05 11 FIRE EMS PAK SPECIAL EVENTS FUNDRAISERS COVERAGE ENDORSEMENT_CW 15 05_05/11 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. CW 15 05 05 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 1 FIRE/EMS - PAK SPECIAL EVENTS/FUNDRAISERS COVERAGE ENDORSEMENT This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE £Archery Contest £Animal Events - Spectators Only T Athletic Games - Spectators Only £Carnival £Circus £Concert T Dances £Fair £Festival T Fire Prevention Week and Safe Kids Week Activities £Fireworks Display (sponsor only) £Fireworks Display (detonation) £Haunted House £Motorized Land Vehicle Event - Spectators Only T Open Houses T Parades T Preparation/Serving of Food T Smoke Alarm/Fire Extinguisher Sales £Watercraft Event - Spectators Only T Water Fights/Contests (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A.The following is added to Paragraph 2.Exclusions of Section I -Coverage A -Bodily Injury and Property Damage Liability: This insurance does not apply to "bodily injury" or "property damage": 1.To any person while practicing for or participating in any sports,athletic or skills contest,exhibition or special event that you control,operate,supervise or sponsor.This exclusion does not apply when such "bodily injury"or "property damage"is the direct result of the maintenance of any property owned by the insured. 2.Arising out of your control,operation,sponsorship or supervision of any fundraising,contest,exhibition or other special events that are not your normal business operations. However,Paragraph 2.above does not apply to any event or activity when indicated by an "X"in the Schedule above. COMMERCIAL GENERAL LIABILITY CW 17 39 05 11 FIRE EMS-PAK EMPLOYMENT PRACTICES LIABILITY COVERAGE_CW 17 39_05/11 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ THIS CAREFULLY. Page 1 of 8 Includes copyrighted material of Insurance Services Offices, Inc., with its permission. CW 17 39 05 11 FIRE/EMS - PAK EMPLOYMENT PRACTICES LIABILITY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Coverage Limits Of Insurance Deductible Employment Practices $1,000,000 Each Employment Practices Wrongful Act $0 Liability Coverage $2,000,000 Annual Aggregate (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) This endorsement provides an additional insuring agreement and,as indicated,makes changes to the Commercial General Liability Coverage Form.Except as expressly provided in this endorsement the terms and conditions of the Commercial General Liability Policy continue to apply to the coverage provided by this endorsement. A.The following is added SECTION I - COVERAGES: COVERAGE G - EMPLOYMENT PRACTICES LIABILITY 1.Insuring Agreement a.We will pay those sums the insured becomes legally obligated to pay as "damages"resulting from an "employment practices wrongful act"to which this insurance applies.We will have the right and duty to defend the insured against any "suit"seeking those "damages".However,we will have no duty to defend the insured against any "suit"seeking "damages"because of an "employment practices wrongful act"to which this insurance does not apply.We may,at our discretion,investigate and settle any "claim" or "suit" resulting from an "employment practices wrongful act".But: (1)The amount we will pay for "damages"is limited as described in Paragraph D.(Section III -Limits Of Insurance); and (2)Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements. We have no other obligation or liability to pay "damages"or perform other acts or services except as explicitly provided for under Supplementary Payments. b.This insurance applies to an "employment practices wrongful act" only if: (1)The "employment practices wrongful act" takes place in the "coverage territory"; and (2)The "employment practices wrongful act" was first committed during the policy period. c.An "employment practices wrongful act"will be deemed to have been first committed at the earliest time when any insured described under Paragraph C.1.(Section II -Who Is An Insured)or any "employee" acting in an official or managerial capacity for you: (1)Reports the "employment practices wrongful act" to us or any other insurer; (2)Receives a written or verbal demand for services or "claim"for "damages"because of the "employment practices wrongful act"; or CW 17 39 05 11 Includes copyrighted material of Insurance Services Offices, Inc., with its permission. Page 2 of 8 (3)Becomes aware by any other means that the "employment practices wrongful act"has been committed. d.All injury or "damages"resulting from an "employment practices wrongful act"will be covered only under the policy in effect at the time the "employment practices wrongful act" was first committed. 2.Exclusions This insurance does not apply to: a.Dishonest, Fraudulent, Criminal Or Intentional Wrongful Act Any "claim"or "suit"based upon,arising out of,or attributable to any intentionally wrongful,dishonest, fraudulent,criminal or malicious act,error or omission,committed by any insured,including but not limited to the willful or reckless violation or any statute or regulation. b.Contractual Liability Any "claim"or "suit"based upon,arising out of,or attributable to the breach of a contract or agreement or any obligation to pay "damages"by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to: (1)Liability for "damages" that the insured would have in the absence of the contract or agreement; or (2)Liability resulting from an "insured contract"for mutual aid services between the insured and another unit of government. c.Workers' Compensation And Similar Laws Any "claim"or "suit"based upon,arising out of,or attributable to any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. d.Cost Of Alterations Any "claim"or "suit"seeking to compel the physical alteration of any structure to accommodate or afford accessibility to any person. e.Strikes And Lockouts Any "claim"or "suit"based upon,arising out of,or attributable to any "employment practices wrongful act"committed against any striking or locked-out "employee",or to an "employee"who has been temporarily or permanently replaced due to any labor dispute. f.Unlawful Profit Or Gain Any "claim"or "suit"based upon,arising out of,or attributable to an insured's unjust enrichment,or gaining of any personal profit, remuneration or advantage to which the insured was not legally entitled. g.Deliberate Violation of Statute, Law Or Ordinance Any "claim"or "suit"based upon,arising out of or attributable to an insured's actual or alleged deliberate violation of any federal, state or local law, statute, ordinance, rule or regulation. h.Bodily Injury or Property Damage Any "claim"or "suit"based upon,arising out of,or attributable to "bodily injury"or "property damage" including any diminution in value.However,this exclusion does not apply to preclude coverage for a "claim"or "suit"seeking to recover "damages"for emotional distress,mental anguish or humiliation resulting from an "employment practices wrongful act". i.Assault And Battery Any "claim" or "suit"based upon, arising out of, or attributable to assault and battery. j.Civil Rights Violation Any "claim"or "suit"based upon,arising out of,or attributable to "discrimination"or any violation of civil rights other than employment related "discrimination" or employment related violations of civil rights. Page 3 of 8 Includes copyrighted material of Insurance Services Offices, Inc., with its permission. CW 17 39 05 11 k.Non-Monetary Relief Any "claim" or "suit" seeking equitable or other forms of non-monetary relief including, but not limited to: (1)Any cost,expense,or expenditure of any kind incurred in the investigation,handling or defense of a "claim"or "suit"seeking equitable or non monetary relief except as provided under Supplementary Payments; (2)Any cost,expense or expenditure of any kind which is incurred by you to comply with any federal, state, or local law or regulation; (3)Any cost,expense or expenditure of any kind incurred by you to implement or enforce any program or policy; or (4)Attorneys'fees or costs awarded to the party,entity,or person bringing the "claim"or "suit"seeking non-monetary relief or which are included as part of any settlement of that "claim" or "suit". l.Various Federal Employment Laws Any "claim"or "suit"seeking "damages"or other relief based upon,arising out of,or in any way involving any rights protected by or remedies provided under the following Acts or any similar state law protecting the same or similar rights or providing the same or similar remedies: (1)The Employment Retirement Income Securities Act of 1974; (2)The National Labor Relations Act; (3)The Fair Labor Standards Act (except the Equal Pay Act); (4)The Worker Adjustment and Retraining Notification Act; (5)The Occupational Safety and Health Act; or (6)The Consolidated Omnibus Budget Reconciliation Act of 1985. This exclusion will not apply to any "claim"or "suit"based solely on allegations that an Insured retaliated against an "employee"based upon the exercise of the rights protected by the Acts described in subparagraphs (1) through (4) or any state equivalent. m.Fiduciary Liability Any "claim" or "suit" seeking "damages"based upon, arising out of, or attributable to: (1)Any action taken by an insured in a "fiduciary capacity";or (2)Any "employee benefit plan," welfare plan or retirement plan, or self insurance fund. n.Prior or Pending Litigation Any "suit"resulting from an "employment practices wrongful act"that was pending on,or existed prior to the effective date of the policy to which this endorsement is attached. o.Prior Knowledge Any "claim"or "suit"based upon,arising out of,or attributable to any "employment practices wrongful act"that any insured described under paragraph C.1.(Section II -Who Is An Insured)or any "employee"acting in an official or managerial capacity for you could reasonably foresee would result in a "claim" or "suit" prior to the effective date of the policy to which this endorsement is attached. p.Personal or Advertising Injury Any "claim"or "suit"based upon,arising out of,or attributable to "personal or advertising injury"except as specifically provided for under the definition of "employment practices wrongful act". CW 17 39 05 11 Includes copyrighted material of Insurance Services Offices, Inc., with its permission. Page 4 of 8 q.Professional Services Any "claim"or "suit"based upon,arising out of,or attributable to the providing or failing to provide a professional service.For the purposes of this exclusion professional services include but are not limited to accounting,architectural,engineering,legal or medical services and any other service involving the exercise of skill, training or judgment. B.For the purposes of the coverage provided by this endorsement,the Supplementary Payments provisions are deleted and replaced by the following: We will pay, with respect to any "claim" we investigate or settle, or any "suit" against an insured we defend: 1.Prejudgment interest awarded against the insured on that part of the judgment we pay.If we make an offer to pay the applicable limit of insurance,we will not pay any prejudgment interest based on that period of time after the offer. 2.All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid,offered to pay,or deposited in court the part of the judgment that is within the applicable limit of insurance. 3.Up to $100,000 for reasonable and necessary legal expenses incurred by the insured in the investigation or defense of a legal proceeding which seeks only equitable;injunctive;or non-monetary relief as a result of an "employment practices wrongful act." These payments will not reduce the limit of insurance nor be subject to the deductible described in D.2. Deductible. C.For the purposes of the coverage provided by this endorsement,Section II -Who Is An Insured is deleted and replaced by the following: 1.If you are designated in the Declarations as a public entity,emergency service organization or a not-for- profit organization you are an insured. 2.Your "executive officers" and "employees" are also insureds. 3.Your former "employees"are also insureds,but only with respect to "employment practices wrongful acts" committed while in your employ. 4.Any organization you newly acquire or form,other than a partnership,joint venture or limited liability company,and over which you maintain ownership or majority interest,will qualify as a Named Insured if no other similar insurance applies to that organization.You must notify us of such acquisition or formation as soon as practicable. However, coverage under this provision: a.Is afforded only until the 90th day after you acquire or form the organization,or until the end of the policy period, whichever is earlier; and b.Does not apply to a "employment practices wrongful act"committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations. D.For the purposes of the coverage provided by this endorsement,Section III -Limits Of Insurance is deleted and replaced by the following: 1.Limits Of Insurance a.The Limit of Insurance shown in this endorsement or in the Declarations and the rules below fix the most we will pay regardless of the number of: (1)Insureds; (2)"Claims" made or "suits" brought; (3)Persons, organizations or government agencies making "claims" or bringing "suits"; or (4)"Employment practices wrongful acts". b.The Annual Aggregate Limit is the most we will pay for all "damages"because of all "employment practices wrongful acts" to which this insurance applies. Page 5 of 8 Includes copyrighted material of Insurance Services Offices, Inc., with its permission. CW 17 39 05 11 c.Subject to b.above,the Each Employment Practices Wrongful Act Limit is the most we will pay for all "damages"attributable to a "claim"or "suit"based upon,arising out of,or in any way involving any "employment practices wrongful act". 2.Deductible a.We will not pay for our share of "damages"until the amount of the "damages"exceeds the Deductible shown in the Schedule or in the Declarations.We will then pay the amount of "damages"in excess of the Deductible up to the Limit of Insurance. b.The Deductible amount shown in the Schedule or in the Declarations,applies to all "claims"arising out of an "employment practices wrongful act". c.We may at our discretion pay any part or the entire deductible amount toward the settlement of any "claim"or "suit"and you shall,at our request,promptly reimburse us for the amount of the deductible we paid. E.For the purposes of the coverage provided by this endorsement,Conditions 2.and 4.of Section IV - Commercial General Liability Conditions are deleted and replaced by the following: 2.Duties In The Event Of A Claim Or Employment Practices Wrongful Act That May Result In A Claim a.If a "claim" is received by any insured, you must: (1)Immediately record the specifics of the "claim" and the date received; and (2)Notify us, in writing, as soon as practicable. b.You and any other involved insured must: (1)Immediately send us copies of any demands,notices,summonses or legal papers received in connection with the "claim"; (2)Authorize us to obtain records and other information; and (3)Cooperate with us in the investigation or settlement of the "claim" or defense against the "suit". (4)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 an "employment practices wrongful act"to which this insurance may also apply. c.No insured will,except at that insured's own cost,voluntarily make a payment,assume any obligation, or incur any expense without our written consent. d.If you have knowledge of an "employment practices wrongful act"which has or may result in a "claim" or "suit" you must notify us, in writing, as soon as practicable. The notice must include: (1)A description of the "employment practices wrongful act"; (2)The names of the persons involved in the "employment practices wrongful act",including the names of the potential claimants; (3)Your reasons for anticipating a "claim" may result from the "employment practices wrongful act"; (4)The nature of the alleged or potential "damages"arising from the "employment practices wrongful act"; and (5)The circumstances through you were made aware of the "employment practices wrongful act." CW 17 39 05 11 Includes copyrighted material of Insurance Services Offices, Inc., with its permission. Page 6 of 8 4.Other Insurance If other valid and collectible insurance is available to the insured, our obligations are limited as follows: a.Primary Insurance This insurance is primary.We will not seek contribution from any other insurance available to you or the involved insured unless the other insurance is specifically designed to provide coverage because of liability arising out of a "employment practices wrongful act".Then we will share with that other insurance through one of the methods described below. b.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 limits of insurance of all insurers. The method chosen for the handling of other valid insurance will not affect your responsibility to share with us as specified under paragraph D.2.Deductible. F.For the purposes of the coverage provided by this endorsement the following is added to Section IV - Commercial General Liability Conditions: 10.Two Or More Coverages Or Coverage Forms If more than one insuring agreement or coverage part contained in this policy apply to the same "claim"or "suit",our maximum limit of liability under all insuring agreements and coverage forms shall not exceed the highest applicable limit of liability under any one insuring agreement or coverage form.The deductible applicable to the coverage form providing the highest applicable limit of liability will be the deductible applied to the "claim"or "suit".If the limits are the same for all coverage forms,the maximum limit of liability under all coverage forms shall be one limit, and the lowest applicable deductible will apply. 11.If You Are Permitted To Select Defense Counsel If,by mutual agreement or under applicable law,the insured is given the right to select defense counsel and the Limit of Insurance has not been used up, the following provisions apply: a.We retain the right, at our discretion, to: (1)Settle, approve or disapprove the settlement of any "claim"; and (2)Appeal any judgment, award or ruling at our expense. b.You and any other involved insured must: (1)Continue to comply with Condition 2.Duties In The Event Of A Claim Or Employment Practices Wrongful Act That May Result In A Claim as well as the other provisions of this endorsement; and (2)Direct defense counsel to: (a)Furnish us with the information we may request to evaluate the "suit"; and (b)Ensure that you and counsel you select cooperate with any counsel we may select to monitor or associate in the defense of those "suits". c.If we defend you under a reservation of rights,both your and our counsel will be required to maintain records pertinent to your "defense expenses".These records will be used to determine the allocation of any "defense expenses"for which you may be solely responsible,including defense of an allegation not covered by this insurance. d.If we agree to defend you under a reservation of rights and it is subsequently determined that we had no duty to defend the "suit" you agree to reimburse us for the "defense expenses" we paid. G.For the purposes of the coverage provided by this endorsement,Definitions 4.,5.,6.,and 18.in the Definitions Section are deleted and replaced by the following: 4."Coverage territory" means: Page 7 of 8 Includes copyrighted material of Insurance Services Offices, Inc., with its permission. CW 17 39 05 11 a.The United States of America (including its territories or possessions) and Puerto Rico; or b.All parts of the world if the insured's responsibility to pay "damages"is determined in a "suit"on the merits brought in the territory described in a. above or in a settlement we agree to. 5."Employee"includes a "leased worker",a "temporary worker"and a "volunteer worker"but does not include an independent contractor. 6."Executive officer"means a person holding any of the officer positions created by your charter,constitution, by-laws or any other similar governing document.This includes Board Members and Trustees. 18."Suit"means a civil proceeding in which "damages"because of a "employment practices wrongful act"to which this insurance applies are alleged, including: a.An arbitration proceeding in which such "damages"are claimed and to which the insured must submit or does submit with our consent; b.Any other alternative dispute resolution proceeding in which such "damages"are claimed and to which the insured submits with our consent; or c.Any administrative proceeding or hearing conducted by a governmental agency (federal,state or local) having the proper legal authority over the matter in which such "damages" are claimed. H.For the purposes of the coverage provided by this endorsement,the following Definitions are added to the Definitions Section: 1."Claim"means a demand made by a current,former or prospective "employee"for "damages"because of an alleged "employment practices wrongful act. 2."Damages"mean monetary judgments,awards and settlements entered into with our prior written consent, but does not include amounts: a.Representing disgorgement or restitution; b.Representing civil or criminal fines,sanctions,penalties or forfeitures,whether awarded pursuant to law, statute, regulation or court rule; c.Representing punitive or exemplary damages; d.Representing the multiplied portion of an award; e.Amounts incurred or that would be incurred in complying with any order granting equitable,injunctive or declaratory relief; f.Representing damages for breach of oral or written contract; or g.That are uninsurable under applicable law. 3."Defense expenses"means reasonable and necessary fees and costs incurred in the investigation, handling or defense of a "claim" or "suit" covered by this insuring agreement, including: a.Legal Fees. b.Other litigation or administrative hearing expenses, including fees or expenses of expert witnesses. d.Expenses incurred by the insured at our express written request to assist in the investigation or defense of the "claim"or "suit",including actual loss of earnings up to $500 a day because of time you are required to take away from work. e.Costs, other than legal fees, taxed against the insured in the "suit". Except as provided under Paragraph d."defense expenses"do not include salaries and expenses of our "employees" or your "employees". 4."Discrimination"means violation of a person's civil rights with respect to such person's race,color,national origin,religion,gender,marital status,age,sexual orientation or preference,physical or mental condition, or any other protected class or characteristic established by any federal,state or local statutes,rules or regulations. 5."Employee benefit plan"means a plan or program providing some or all of the following benefits to "employees": a.Group life insurance,group accident or health insurance,dental,vision and hearing plans,and flexible spending accounts,provided that no one other than an "employee"may subscribe to such benefits and CW 17 39 05 11 Includes copyrighted material of Insurance Services Offices, Inc., with its permission. Page 8 of 8 such benefits are made generally available to those "employees"who satisfy the plan's eligibility requirements; b.Employee savings plans and pension plans provided that no one other than an "employee"may subscribe to such benefits and such benefits are made generally available to all "employees"who are eligible under the plan for such benefits; c.Unemployment insurance, social security benefits, workers' compensation and disability benefits; and d.Vacation plans,including buy and sell programs;leave of absence programs,including military, maternity, family, and civil leave; tuition assistance plans; transportation and health club subsidies. 6."Employment practices wrongful act"includes "related employment practices wrongful acts"and means one or more of the following offenses,but only when they are the basis for "claims"or suits by your "employees": a.Wrongful demotion or failure to promote,negative evaluation,reassignment,or discipline of your current "employee" or wrongful refusal to employ; b.Wrongful termination, meaning the actual or constructive termination of an "employee": (1)In violation or breach of applicable law or public policy; or (2)Which is determined to be in violation of a contract or agreement,other than any employment contract or agreement,whether written,oral or implied,which stipulates financial consideration if such financial consideration is due as the result of a breach of the contract; c.Wrongful denial of training, or wrongful deprivation of career opportunity; d.Retaliatory action against an "employee" because the "employee" has: (1)Declined to perform an illegal or unethical act; (2)Filed a complaint against you with a court or governmental authority; (3)Testified against you or any other insured at a legal proceeding; or (4)Notified a proper authority of any aspect of your business operation which is illegal; e.Employment related "discrimination;" or f.Employment related "personal or advertising injury". 7."Fiduciary capacity"means managing the money or property of others under circumstances where special obligations are imposed by law or contract and includes,but is not limited to,acting as an administrator or manager of any benefit plan, welfare plan, retirement plan or self insurance fund. 8."Related employment practices wrongful act"means any and all "employment related wrongful acts"that arise out of or are related to the same or similar decisions,determinations,events,practices,transactions, statements or representations without regard to the number of "employees" who may be affected. CW 33 85 03 12 FIRE EMS-PAK AND PUBLIC ENTITY PAK MGT PROTECTION LIAB COVERAGE_CW 33 85_03/12 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ THIS CAREFULLY. CW 33 85 03 12 Includes copyrighted material of Insurance Services Page 1 of 9 Office, Inc., with its permission FIRE/EMS - PAK AND PUBLIC ENTITY PAK MANAGEMENT PROTECTION LIABILITY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Coverage Limit Of Insurance Deductible Management Protection $4,000,000 Each Management Protection Wrongful Act $0 Liability $10,000,000 Annual Aggregate (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) This endorsement provides an additional insuring agreement and,as indicated,makes changes to the Commercial General Liability Coverage Form.Except as expressly provided in this endorsement the terms and conditions of the Commercial General Liability Coverage Form continue to apply to the coverage provided by this endorsement. A.The following is added to SECTION I - COVERAGES: COVERAGE E - MANAGEMENT PROTECTION LIABILITY 1.Insuring Agreement a.We will pay those sums that the insured becomes legally obligated to pay as "damages" because of a "management protection wrongful act"to which this insurance applies.We will have the right and duty to defend the insured against any "suit"seeking those "damages". However,we will have no duty to defend the insured against any "suit"seeking "damages" because of a "management protection wrongful act"to which this insurance does not apply. We may,at our discretion,investigate any incident involving a "management protection wrongful act" and settle any "claim" or "suit" that may result. But: (1)The amount we will pay for "damages"is limited as described in Paragraph D.(Section III - Limits Of Insurance);and (2)Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements. We have no other obligation or liability to pay "damages"or perform other acts or services except as explicitly provided for under Supplementary Payments. b.This insurance applies to "damages" only if: (1)The "management protection wrongful act" takes place in the "coverage territory"; and (2)The "management protection wrongful act" was first committed during the policy period. c.A "management protection wrongful act"will be deemed to have been first committed at the earliest time when any insured described under Paragraph C.1.(Section II -Who Is An Insured)or any "employee" acting in an official or managerial capacity for you: (1)Reports the "management protection wrongful act" to us or any other insurer; (2)Receives a written or verbal demand for services or "claim"for "damages"because of the "management protection wrongful act"; or Page 2 of 9 Includes copyrighted material of Insurance Services CW 33 85 03 12 Office, Inc., with its permission (3)Becomes aware by any other means that the "management protection wrongful act"has been committed. d.All injury or "damages"resulting from a "management protection wrongful act"will be covered only under the policy in effect at the time the "management protection wrongful act"was first committed. 2.Exclusions This insurance does not apply to: a.Dishonest, Fraudulent, Criminal Or Intentional Wrongful Act Any "claim"or "suit"based upon,arising out of,or attributable to any intentionally wrongful, dishonest,fraudulent,criminal or malicious act,error or omission,committed by any insured, including but not limited to the willful or reckless violation or any statute or regulation. b.Contractual Liability Any "claim"or "suit"based upon,arising out of,or attributable to the breach of a contract or agreement or any obligation to pay "damages"by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to: (1)Liability for "damages"that the insured would have in the absence of the contract or agreement; or (2)Liability resulting from an "insured contract"for mutual aid services between the insured and another unit of government. c.Workers' Compensation And Similar Laws Any "claim"or "suit"based upon,arising out of,or attributable to an obligation of the insured under a workers'compensation,disability benefits or unemployment compensation law or any similar law. d.Cost Of Alterations Any "claim"or "suit"seeking to compel the physical alteration of any structure to accommodate or afford accessibility to any person. e.Unlawful Profit Or Gain Any "claim"or "suit"based upon,arising out of,or attributable to an insured's unjust enrichment,or gaining of any personal profit,remuneration or advantage to which the insured was not legally entitled. f.Deliberate Violation of Statute, Law Or Ordinance Any "claim"or "suit"based upon,arising out of,or attributable to an insured's actual or alleged deliberate violation of any federal,state or local law,statute,ordinance,rule or regulation. g.Bodily Injury or Property Damage Any "claim"or "suit"based upon,arising out of,or attributable to "bodily injury"or "property damage" including any diminution in value. h.Assault And Battery Any "claim" or "suit"based upon, arising out of, or attributable to assault and battery. i.Non-Monetary Relief Any "claim"or "suit"seeking equitable or other forms of non-monetary relief including,but not limited to: (1)Any cost,expense,or expenditure of any kind incurred in the investigation,handling or defense of a "claim"or "suit"seeking equitable or non monetary relief except as provided under Supplementary Payments; (2)Any cost,expense or expenditure of any kind which is incurred by you to comply with any federal, state, or local law or regulation; CW 33 85 03 12 Includes copyrighted material of Insurance Services Page 3 of 9 Office, Inc., with its permission (3)Any cost,expense or expenditure of any kind incurred by you to implement or enforce any program or policy; or (4)Attorneys'fees or costs awarded to the party,entity,or person bringing the "claim"or "suit"seeking non-monetary relief or which are included as part of any settlement of that "claim" or "suit". j.Fiduciary Liability Any "claim"or "suit"seeking "damages"based upon,arising out of,or attributable to any breach of an obligation or duty owed by an insured acting in a "fiduciary capacity". k.Prior or Pending Litigation Any "suit"resulting from a "management protection wrongful act"that was pending on,or existed prior to the effective date of the policy to which this endorsement is attached or any "claim"or "suit"based upon,arising out of,or attributable to any "management protection wrongful act"an insured or the same facts,circumstances or allegations which are the subject of, or the basis for, such "claim" or "suit". l.Prior Knowledge Any "claim"or "suit"based upon,arising out of or attributable to any "management protection wrongful act"that any insured described under Paragraph C.1.(Section II -Who Is An Insured)or any "employee"acting in an official or managerial capacity for you could reasonably foresee would result in a "claim"or "suit"prior to the effective date of the policy to which this endorsement is attached. m.Personal or Advertising Injury Any "claim"or "suit"based upon,arising out of,or attributable to "personal or advertising injury". n.Professional Services Any "claim"or "suit"based upon,arising out of,or attributable to the providing or failing to provide a professional service.For the purposes of this exclusion professional services include accounting,architectural,engineering,legal or medical services and service involving the exercise of skill, training or judgment. o.Employment Practices Wrongful Act Any "claim"or "suit"based upon,arising out of,or attributable to an "employment practices wrongful act". p.Loss Of Money Or Securities Any "claim"or "suit"based upon,arising out of,or attributable to the injury to,destruction of or disappearance of money or securities. q.Insolvency Or Bankruptcy Any "claim"or "suit"based upon,arising out of,or attributable to the insolvency or bankruptcy of any bank,financial institution,securities dealer or investment firm that holds the assets of the insured's "employee benefit plan". r.Insurance Or Bonds Any "claim"or "suit"based upon,arising out of,or attributable to the failure to obtain or maintain insurance or bonds and any failure to comply with the provisions of insurance contracts or bonds.However,this exclusion does not apply to the insurance or fidelity bonds required by the Employee Retirement Income Security Act of 1974,as now or hereafter amended, or by any similar federal, state or local laws. s.Taxes, Fines Or Penalties Any "claim"or "suit"based upon,arising out of,or attributable to taxes,fines or penalties, including those imposed under any federal, state or local law. t.Insufficiency Of Funds Page 4 of 9 Includes copyrighted material of Insurance Services CW 33 85 03 12 Office, Inc., with its permission Any "claim"or "suit"based upon,arising out of,or attributable to an insufficiency of funds to meet your obligations. u.Inadequacy Of Performance Of Investment / Advice Given With Respect To Participant Any "claim" or "suit" based upon, arising out of, or attributable to: (1)The failure of any investment to perform; (2)Errors in providing information on past performance of investment vehicles; or (3)Advice given or judgment made with respect to that person's decision to participate or not to participate in any plan included in the insured's "employee benefit plan". v.Land Use Any "claim"or "suit"based upon,arising out of,or attributable to any actual or alleged interference with a person's right to use and enjoy property including,but not limited to a reduction in property values,as a result of your exercise of the powers of eminent domain and any act or proceeding involving condemnation and inverse condemnation.However,we will defend a "suit"alleging a "management protection wrongful act"in your exercise of your right to zone property;issue permits;and regulate land use.In no event will we pay "damages"attributable to your exercise of your right to zone property;issue permits;and regulate land use. w.Pollution Any "claim" or "suit" based upon, arising out of, or attributable to: (1)The actual,alleged or threatened discharge,dispersal,seepage,migration,release or escape of "pollutants" at any time; (2)Any request,demand,order or statutory or regulatory requirement that any insured test for,monitor,clean up,remove,contain,treat,detoxify or neutralize,or in any way respond to, or assess the effects of, "pollutants"; or (3)A "claim"or "suit"by or on behalf of any governmental authority for "damages"because of testing for,monitoring,cleaning up,removing,containing,treating,detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". B.For the purposes of the coverage provided by this endorsement,the Supplementary Payments provisions are deleted and replaced by the following: We will pay,with respect to any "claim"we investigate or settle,or any "suit"against an insured we defend: 1.Prejudgment interest awarded against the insured on that part of the judgment we pay.If we make an offer to pay the applicable limit of insurance,we will not pay any prejudgment interest based on that period of time after the offer. 2.All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid,offered to pay,or deposited in court the part of the judgment that is within the applicable limit of insurance. 3.Up to $100,000 for reasonable and necessary legal expenses incurred by the insured in the investigation or defense of a "claim"or "suit"which seeks only equitable;injunctive;or non- monetary relief as the result of a "management protection wrongful act". These payments will not reduce the limit of insurance nor be subject to the deductible described in D.2. Deductible. C.For the purposes of the coverage provided by this endorsement,Section II -Who Is An Insured is deleted and replaced by the following: 1.If you are designated in the Declarations as an emergency service organization or a not-for-profit organization you are an insured. 2.Your "employees",including each of your "employees"who are or were authorized to administer your "employee benefit program" are also insureds. 3.Your former "employees"are also insureds,but only with respect to "management protection wrongful acts" committed while in your employ. CW 33 85 03 12 Includes copyrighted material of Insurance Services Page 5 of 9 Office, Inc., with its permission 4.The officers,"employees"and/or members of duly constituted boards or commissions are also insureds. 5.Any organization you newly acquire or form,other than a partnership,joint venture or limited liability company,and over which you maintain ownership or majority interest,will qualify as a Named Insured if no other similar insurance applies to that organization.You must notify us of such acquisition or formation as soon as practicable.However, coverage under this provision: a.Is afforded only until the 90th day after you acquire or form the organization,or until the end of the policy period, whichever is earlier; and b.Does not apply to a "management protection wrongful act"committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. D.For the purposes of the coverage provided by this endorsement,Section III -Limits Of Insurance is deleted and replaced by the following: 1.Limits Of Insurance a.The Limit of Insurance shown in this endorsement or in the Declarations and the rules below fix the most we will pay regardless of the number of: (1)Insureds; (2)"Claims" made or "suits" brought; (3)Persons, organizations or government agencies making "claims" or bringing "suits"; or (4)"Management protection wrongful acts". b.The Annual Aggregate Limit is the most we will pay for all "damages"because of all "management protection wrongful acts" to which this insurance applies. c.Subject to b.above,the Each Management Protection Wrongful Act Limit is the most we will pay for all "damages"attributable to a "claim"or "suit"based upon,arising out of,or in any way involving any "management protection wrongful act". 2.Deductible a.We will not pay for our share of "damages"until the amount of the "damages"or exceeds the Deductible shown in the Schedule or in the Declarations.We will then pay the amount of "damages" in excess of the Deductible up to the Limit of Insurance. b.The Deductible amount shown in the Schedule or in the Declarations,applies to all "claims" arising out of a "management protection wrongful act". c.We may at our discretion pay any part or the entire deductible amount toward the settlement of any "claim"or "suit"and you shall,at our request,promptly reimburse us for the amount of the deductible we paid. E.For the purposes of the coverage provided by this endorsement,Conditions 2.and 4.of Section IV - Commercial General Liability Conditions are deleted and replaced by the following: 2.Duties In The Event Of A Claim Or Wrongful Act That May Result In A Claim a.If a "claim" is received by any insured, you must: (1)Immediately record the specifics of the "claim" and the date received; and (2)Notify us, in writing, as soon as practicable. b.You and any other involved insured must: (1)Immediately send us copies of any demands,notices,summonses or legal papers received in connection with the "claim"; (2)Authorize us to obtain records and other information; and (3)Cooperate with us in the investigation or settlement of the "claim"or defense against the "suit". Page 6 of 9 Includes copyrighted material of Insurance Services CW 33 85 03 12 Office, Inc., with its permission (4)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 a "management protection wrongful act" to which this insurance may also apply. c.No insured will,except at that insured's own cost,voluntarily make a payment,assume any obligation, or incur any expense without our written consent. d.If you have knowledge of a "management protection wrongful act"which has or may result in a "claim"or "suit"you must notify us,in writing,as soon as practicable.The notice must include: (1)A description of the "management protection wrongful act"; (2)The names of the persons involved in the "management protection wrongful act", including the names of the potential claimants; (3)Your reasons for anticipating a "claim"may result from the "management protection wrongful act"; (4)The nature of the alleged or potential "damages"arising from the "management protection wrongful act"; and (5)The circumstances through you were made aware of the "management protection wrongful act". 4.Other Insurance If other valid and collectible insurance is available to the insured,our obligations are limited as follows: a.Primary Insurance This insurance is primary.We will not seek contribution from any other insurance available to you or the involved insured unless the other insurance is specifically designed to provide coverage because of liability arising out of a "management protection wrongful act".Then we will share with that other insurance through one of the methods described below. b.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 limits of insurance of all insurers. The method chosen for the handling of other valid insurance will not affect your responsibility to share with us as specified under paragraph D.2.Deductible. F.For the purposes of the coverage provided by this endorsement the following is added to Section IV - Commercial General Liability Conditions: 10.Two Or More Coverages Or Coverage Forms If more than one insuring agreement or coverage part contained in this policy apply to the same "claim"or "suit",our maximum limit of liability under all insuring agreements and coverage forms shall not exceed the highest applicable limit of liability under any one insuring agreement or coverage form.The deductible applicable to the coverage form providing the highest applicable limit of liability will be the deductible applied to the "claim"or "suit".If the limits are the same for all coverage forms,the maximum limit of liability under all coverage forms shall be one limit,and the lowest applicable deductible will apply. 11.If You Are Permitted To Select Defense Counsel If,by mutual agreement or court order,the insured is given the right to select defense counsel and the Limit of Insurance has not been used up, the following provisions apply: a.We retain the right, at our discretion, to: (1)Settle, approve or disapprove the settlement of any "claim"; and CW 33 85 03 12 Includes copyrighted material of Insurance Services Page 7 of 9 Office, Inc., with its permission (2)Appeal any judgment, award or ruling at our expense. b.You and any other involved insured must: (1)Continue to comply with Condition 2.Duties In The Event Of A Claim Or Wrongful Act That May Result In A Claim as well as the other provisions of this endorsement; and (2)Direct defense counsel to: (a)Furnish us with the information we may request to evaluate the "suit"; and (b)Ensure that you and counsel you select cooperate with any counsel we may select to monitor or associate in the defense of those "suits". c.If we defend you under a reservation of rights,both your and our counsel will be required to maintain records pertinent to your "defense expenses".These records will be used to determine the allocation of any "defense expenses"for which you may be solely responsible, including defense of an allegation not covered by this insurance. d.If we agree to defend you under a reservation of rights and it is subsequently determined that we had no duty to defend the "suit"you agree to reimburse us for the "defense expenses"we paid. G.For the purposes of the coverage provided by this endorsement,Definitions 4.,5.,and 18.in the Definitions Section are replaced by the following: 4."Coverage territory" means: a.The United States of America (including its territories or possessions) and Puerto Rico; or b.All parts of the world if the insured's responsibility to pay "damages"is determined in a "suit" on the merits brought in the territory described in Paragraph a.above or in a settlement we agree to. 5."Employee"includes a "leased worker",a "temporary worker"and a "volunteer worker"but does not include an independent contractor. With respect to "employee benefit plans","employee"means a person actively employed, formerly employed, on leave of absence or disabled, or retired. 18."Suit"means a civil proceeding in which "damages"because of a "management protection wrongful act" to which this insurance applies are alleged, including: a.An arbitration proceeding in which such "damages"are claimed and to which the insured must submit or does submit with our consent; or b.Any other alternative dispute resolution proceeding in which such "damages"are claimed and to which the insured submits with our consent. H.For the purposes of the coverage provided by this endorsement,the following definitions are added to the Definitions Section: 1."Administration" means: a.Providing information to "employees",including their dependents and beneficiaries,with respect to eligibility for or scope of "employee benefit plans"; b.Handling records in connection with "employee benefit plans"; or c.Effecting,continuing or terminating any "employee's"participation in any benefit included in the "employee benefit plans". However, "administration" does not include handling payroll deductions. 2."Claim"means any demand made for "damages"as the result of an alleged "management protection wrongful act". 3."Damages"mean monetary judgments,awards and settlements entered into with our prior written consent, but does not include: a.Any amounts representing restitution; b.Civil or criminal fines,sanctions,penalties or forfeitures,whether awarded pursuant to law, statute, regulation or court rule; c.Amounts representing punitive or exemplary damages; d.Amounts representing the multiplied portion of an award; Page 8 of 9 Includes copyrighted material of Insurance Services CW 33 85 03 12 Office, Inc., with its permission e.Amounts incurred or that would be incurred in complying with any order granting equitable, "injunctive" or declaratory relief; f.Amounts representing damages for breach of oral or written contract; or g.Amounts that are uninsurable under applicable law. 4."Defense expenses"means reasonable and necessary fees and costs incurred in the investigation,handling or defense of a "claim"or "suit"covered by this insuring agreement, including: a.Legal Fees. b.Other litigation or administrative hearing expenses,including fees or expenses of expert witnesses. d.Expenses incurred by the insured at our express written request to assist in the investigation or defense of the "claim"or "suit",including actual loss of earnings up to $500 a day because of time you are required to take away from work. e.Costs, other than legal fees, taxed against the insured in the "suit". "Defense expenses"do not include salaries and expenses of our "employees"or the insured's "employees" (other than those described in Paragraphs d. above). 5."Employee benefit plan"means a plan or program providing some or all of the following benefits to "employees": a.Group life insurance,group accident or health insurance,dental,vision and hearing plans, and flexible spending accounts,provided that no one other than an "employee"may subscribe to such benefits and such benefits are made generally available to those "employees" who satisfy the plan's eligibility requirements; b.Employee savings plans and pension plans provided that no one other than an "employee" may subscribe to such benefits and such benefits are made generally available to all "employees" who are eligible under the plan for such benefits; c.Unemployment insurance,social security benefits,workers'compensation and disability benefits; and d.Vacation plans,including buy and sell programs;leave of absence programs,including military,maternity,family,and civil leave;tuition assistance plans;transportation and health club subsidies. 6."Employment practices wrongful act"means one or more of the following offenses,but only when they are the basis for "claims" or suits by your "employees": a.Wrongful demotion or failure to promote,negative evaluation,reassignment,or discipline of your current "employee" or wrongful refusal to employ; b.Wrongful termination, meaning the actual or constructive termination of an "employee": (1)In violation or breach of applicable law or public policy; or (2)Which is determined to be in violation of a contract or agreement,other than any employment contract or agreement,whether written,oral or implied,which stipulates financial consideration if such financial consideration is due as the result of a breach of the contract; c.Wrongful denial of training, or wrongful deprivation of career opportunity; d.Retaliatory action against an "employee" because the "employee" has: (1)Declined to perform an illegal or unethical act; (2)Filed a complaint against you with a court or governmental authority; (3)Testified against you or any other insured at a legal proceeding; or (4)Notified a proper authority of any aspect of your business operation which is illegal; e.Employment related discrimination; or f.Employment related "personal or advertising injury". CW 33 85 03 12 Includes copyrighted material of Insurance Services Page 9 of 9 Office, Inc., with its permission 7."Fiduciary capacity"includes,but is not limited to,managing the money or property of others under circumstances where special obligations are imposed by law or contract and specifically includes acting as a fiduciary in conjunction with the management of any employee benefit plan. 8."Management protection wrongful act"includes "related management protection wrongful acts" and means any actual or alleged act, error or omission: a.Which was or should have been performed by you or an insured acting in an official capacity for you; or b.Which was or should have been performed by you or an insured in the "administration"of your "employee benefit programs". 9."Related management protection wrongful act"means "management protection wrongful acts" that arise out of or are directly or indirectly related to the same or similar decisions, determinations, events, practices, transactions, statements or representations. COMMERCIAL GENERAL LIABILITY CW 33 89 WI COMMERCIAL GENERAL LIABILITY COVERAGE ENDORSEMENT_CW 33 89 WI_10/11 CW 33 89 WI 10 11 Includes copyrighted material of Insurance Services Offices, Inc., with its permission Page 1 of 4 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. FIRE/EMS-PAK COMMERCIAL GENERAL LIABILITY COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A.SECTION I - COVERAGES,change the following: 1.COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: a.Paragraph 1.a. of the Insuring Agreement is amended to include: We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury"or "property damage"due to providing or failing to provide Emergency Medical Services to others. b.Under 2. Exclusions, a. Expected or Intended Injury is deleted and replaced with the following: "Bodily injury"or "property damage"expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury"or "property damage"resulting from the use of reasonable force to protect persons or property. c.Under 2. Exclusions, f. Pollution Sections (1) (a) and (1) (d)add the following item (iv): (iv)"Bodily injury"or "property damage"from operations which are necessary or incidental to the performance of emergency response services or training exercises. d.Under 2. Exclusions, g. Aircraft, Auto or Watercraft Item (2) is deleted and replaced with the following: (2)A watercraft as long as the watercraft is not being used to carry persons or property for a charge. Add Item (6) Contingent Aircraft Liability: (6)Use of an aircraft during an emergency response,as long as the aircraft is not owned or operated by or rented or loaned to any insured. e.Under 2. Exclusions, j. Damage To Property: (1)Paragraph (4)does not apply to "property damage"to,theft of or disappearance of personal property of others who are receiving services from the insured.This coverage is excess over any other valid and collectible insurance. (2)Paragraphs (5)and (6)do not apply to "property damage"resulting from actions taken to protect persons or property. f.Under 2. Exclusions add the following: Special Events/Fundraisers This insurance does not apply to "bodily injury" or "property damage": (1)To any person while practicing for or participating in any sports,athletic or skills contest, fundraiser, or exhibition that you control, operate, supervise or sponsor; or Page 2 of 4 Includes copyrighted material of Insurance Services Offices, Inc., with its permission CW 33 89 WI 10 (2)Arising out of your control,sponsorship or supervision of:aircraft events;archery contests; animal rides;bungee jumps;carnivals;circuses;concerts;fairs;distribution of alcoholic beverages;donkey basketball contests;festivals;fireworks displays or exhibitions;haunted houses;hay rack rides;horse and buggy rides;horse pulls;hot air balloon rides,ice bowling, lumberjack contests;mechanically operated amusement devices;motorized vehicle events; rodeos; shooting and hunting contests; skydiving exhibitions; or watercraft events. . (3)Paragraph (2)above does not apply to those events or activities which are specifically endorsed onto this policy and a premium has been charged. 2.COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY: Under 2. Exclusions, m. Pollution and n. Pollution-Related add the following: These exclusions do not apply to "Personal and Advertising Injury"from operations which are necessary or incidental to the performance of Emergency Response services or training exercises. 3.SUPPLEMENTARY PAYMENTS - COVERAGES A AND B changes the following: a.The limit of insurance in paragraph 1.b. is increased from $250 to $2,500 and; b.The limit of insurance in paragraph 1.d. is increased from $250 to $500. B.SECTION II - WHO IS AN INSURED,is deleted and replaced with the following: 1.If you are designated in the Declarations as an Emergency Response Organization you are an insured,but only with respect to the conduct of your operations as an Emergency Response Organization.Your Trustees,Directors and Board Members are also insureds,but only with respect to their duties for your Emergency Response Organization. 2.Each of the following is also an insured: a.Your "employees",but only while performing duties related to the conduct of your business, or only for acts within the scope of their employment by you,while performing duties related to the conduct of your business or while acting as a "Good Samaritan".However,none of these "employees" are insureds for: (1)"Bodily Injury" or "Personal and Advertising Injury": (a)To you,to your Trustees,Directors or Board Members,or to a co-"employee"while in the course of his or her employment or while performing duties related to the conduct of your business. (b)To the spouse,child,parent,brother or sister of that co-"employee"as a consequence of paragraph (a); (c)For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs (a) or (b). The above exception does not apply if the named insured purchases workers compensation insurance on their employees. (2)"Property Damage" to property: (a)Owned, occupied or used by, (b)Rented to,in the care,custody or control of,or over which physical control is being exercised for any purpose by you,any of your "employees",or any Trustee,Director or Board Member.However,your "employees"are insureds with respect to coverage provided in this endorsement in section A. 1. e. (1) above. b.Your physician Medical Director or other physician "employee": CW 33 89 WI 10 11 Includes copyrighted material of Insurance Services Offices, Inc., with its permission Page 3 of 4 (1)For acts arising out of performing or failing to perform "administrative duties" for you. (2)For acts arising out of providing or failing to provide direct or on-line medical direction or medical command via telecommunications to emergency medical personnel. (3)Coverage provided in (2)above is excess over primary medical malpractice insurance that is carried by your physician Medical Director or other physician "employee". c.Any person (other than your "employee"),or any organization while acting as your real estate manager. d.Any person or organization having proper temporary custody of your property if you die,but only: (1)With respect to liability arising out of the maintenance or use of that property; and (2)Until your legal representative has been appointed. e.Your legal representative if you die,but only with respect to duties as such.That representative will have all your rights and duties under this Coverage Part. 3.With respect to "mobile equipment"registered in your name under any motor vehicle registration law,any person is an insured while driving such equipment along a public highway with your permission.Any other person or organization responsible for the conduct of such person is also an insured,but only with respect to liability arising out of the operation of the equipment,and only if no other insurance of any kind is available to that person or organization for this liability. However,no person or organization is an insured with respect to "property damage"to property owned by,rented to,in the charge of or occupied by you or the employer of any person who is an insured under this provision. 4.The owner of commandeered "mobile equipment"or watercraft is an insured while the equipment or watercraft is in your temporary care,custody or control and is being used in an emergency response incident. 5.Any person or organization is automatically an additional insured if they are required to be an additional insured under the provisions of any "insured contract". 6.Any organization you newly acquire or form,will qualify as a Named Insured if there is no other similar insurance available to that organization.However: a.Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b.Coverage A does not apply to "bodily injury"or "property damage"that occurred before you acquired or formed the organization; c.Coverage B does not apply to "personal injury"or "advertising injury"arising out of an offense committed before you acquired or formed the organization; and No person or organization is an insured with respect to the conduct of any current or past organization that is not shown as a Named Insured in the Declarations. C.SECTION III - LIMITS OF INSURANCE,changes the following: 1.The General Aggregate Limit shown in paragraph 2.applies to each Named Insured shown in the Declarations of the policy and applies to each location owned by or rented to you. 2.The Products-Completed Operations Aggregate Limit shown in paragraph 3.applies to each Named Insured shown in the Declarations of the policy. D.SECTION V - DEFINITIONS,change and add the following: 1.Paragraph 3. "Bodily injury" is deleted and replaced with the following: "Bodily injury"means bodily injury,sickness or disease sustained by a person,including mental anguish or death resulting from any of these at any time. 2.Paragraph 5. "Employee" is deleted and replaced with the following: Page 4 of 4 Includes copyrighted material of Insurance Services Offices, Inc., with its permission CW 33 89 WI 10 "Employee" includes a "leased worker", a "volunteer worker" or a "temporary worker". 3.Paragraph 12.b.under "Mobile Equipment" is deleted and replaced with: Vehicles maintained for use solely on or next to premises you own or rent.However,any vehicle designed for travel on public roads owned or leased by you shall be deemed an "auto"and not "mobile equipment"if the only reason for considering it "mobile equipment"is that it is maintained for use exclusively on streets or highways owned by you. 4.Paragraph 13. "Occurrence" is deleted and replaced with: "Occurrence"means an accident,including continuous or repeated exposure to substantially the same general harmful conditions."Occurrence"also means a medical incident arising out of providing or failing to provide emergency medical services to others. 5.Paragraph 14. "Personal and Advertising Injury" add items h. and i. h.Violation of the Civil or Constitutional Rights of any person which creates a cause of action for damages by or on behalf of any such person under any one or more of the following Civil Rights statutes: United States Code, Title 42, Sections 1981, 1982, 1983, 1985 or 1986. i.Assault and battery committed for the purpose of preventing or eliminating danger during an emergency response incident. 6."Administrative Duties"means establishing medical protocol,creating medical training curriculum, providing medical training and conducting medical quality assurance programs,and carrying out similar duties.However,"administrative duties"does not include:(1)providing or failing to provide on-line medical direction via telecommunications to medical and emergency personnel;or (2)providing or failing to provide professional health care services to individuals or groups of patients. 7."Good Samaritan"means any individual while acting as a private citizen,when not acting on behalf of the named insured,and is neither affiliated with,nor otherwise acting on behalf of any other person, group, organization or employer. COMMERCIAL AUTO B CL CA DS 02 05 13 FIRE/EMS-PAK / PUBLIC ENTITY PAK AUTO DECLARATIONS_B CL CA DS 02_05/13 B CL CA DS 02 05 13 Page 1 of 12 Issuing Company:Continental Western Insurance Company,11201 Douglas Ave, Des Moines, IA 50306-1594 Claim Handling Office:P.O. Box 1594, Des Moines, IA 50306-1594: 800-235-2942 After Hours Claim Reporting: 866-232-6724 Underwriting Servicing Office:11201 Douglas Avenue, Urbandale, IA 50322; 800-235-2942 FIRE/EMS-PAK / PUBLIC ENTITY PAK AUTO DECLARATIONS Policy No.:FDK 2431286 -32 Previous Policy No.:2431286-31 ITEM ONE NAMED INSURED AND ADDRESS AGENCY NAME AND ADDRESS 01103 Tess Corners Volunteer Fire Department W144 S6731 Tess Corners Dr Muskego,WI 53150 (800) 252-1423 RIDGEVIEW INS AGCY - FP PO BOX 40 PRAIRIE DU SAC,WI 53578 POLICY PERIOD The Policy Period is from 04/01/2015 to 04/01/2016 12:01 A.M. Standard Time at your Mailing Address shown above. Form of Business:Other 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. Premium shown is payable at inception $22,725 Audit Period (If Applicable):ANNUALLY Endorsements Attached To This Policy: See attached "Schedule of Forms and Endorsements" Countersignature Of Authorized Representative Name: Title: Signature: Date: Note Officer's facsimile signatures may be inserted here, on the policy cover or elsewhere at the company's option. Policy No.:FDK 2431286 -32 Page 2 of 12 B CL CA DS 02 05 13 ITEM TWO Schedule of Coverages and Covered Autos This policy provides only those coverages where a charge is shown in the premium column below.Each of these coverages will apply only to those autos shown as covered autos.Autos are shown as covered autos for a particular coverage by the entry of one or more of the symbols from the Covered Autos Section of the Business Auto Coverage Form next to the name of the coverage. Coverages & Limits Covered Autos Premium Liability Limit = $4,000,000 1 $5,728 Personal Injury Protection (Or Equivalent No-Fault Coverage) Limit = Separately Stated In Each PIP Endorsement Minus $Item Three Schedule Deductible. $ Added Personal Injury Protection (Or Equivalent Added No-Fault Coverage) Limit = Separately Stated In Each Added PIP Endorsement $ Property Protection Insurance (Michigan Only) Deductible = $ Medical Payments Limit = $10,000 2,8 $699 Medical Expense And income Loss Benefits (Virginia Only) Limit = Separately Stated In Each Medical Expense And Income Loss Benefits Endorsement $ Uninsured Motorists Limit = Separately Stated In Each UM Endorsement 6,8,9 $153 Underinsured Motorists (When not Included In Uninsured Motorists Coverage) Limit = Separately Stated In Each UIM Endorsement 6,8,9 $546 Supplementary Uninsured Motorists (New York Only) Limit = The maximum amount payable under SUM Coverage shall Be the policys SUM limits reduced and thus offset by motor vehicle bodily injury liability insurance policy or bond payments received from, or on behalf of, any negligent party involved in the accident as specified in the SUM endorsement. $ Physical Damage Comprehensive Coverage Limit = Actual Cash Value Or Cost Of Repair, Whichever Is Less, Minus $Item Three Schedule Deductible For Each - Covered Auto or Designated Value (see CW 33 79), But No Deductible Applies To Loss Caused By Fire Or Lightning.See Item Four For Hired Or Borrowed Autos. 7,8 $3,901 Physical Damage Specified Causes Of Loss Coverage Limit = Actual Cash Value Or Cost Of Repair, Whichever Is Less, Minus $Item Three Schedule Deductible For Each Cov- ered Auto, For Loss Caused By Mischief Or Vandalism. See Item Four For Hired Or Borrowed Autos $ Physical Damage Collision Coverage Limit = Actual Cash Value Or Cost Of Repair, Whichever Is Less, Minus $Item Three Schedule Deductible For Each Covered Auto or Designated Value (see CW 33 79). See Item Four For Hired Or Borrowed Autos 7,8 $11,698 Physical Damage Towing and Labor Limit =$2500 For Each Disablement Of A Private Passenger Auto 7 $Included Premium For Endorsements $0 Estimated Total Premium*$22,725 Policy No.:FDK 2431286 -32 B CL CA DS 02 05 13 Page 3 of 12 *This Policy May Be Subject to Final Audit. Policy No.:FDK 2431286 -32 Page 4 of 12 B CL CA DS 02 05 13 ITEM THREE Schedule of Covered Autos You Own (Absence of a limit or deductible in a column for that vehicle means that the coverage does not apply) Veh No. DESCRIPTION Cost New Designated Value INC %LimitYearModelVIN Number 1 1984 GMC rescue unit 543168 $$33,100 0 %$ 2 1985 Ford 2000 gal tanker A35865 $$247,600 0 %$ 3 1996 Pierce 1000 gpm pumper 4PICT02U4TA000495 $$480,000 0 %$ 4 1999 Ford brush buggy 1FTSW31F7XEE51211 $$126,200 0 %$ 5 2000 Peterbilt 2000 gal tanker 2NPNHD8X8YM520638 $$330,500 0 %$ Veh No. CLASSIFICATION TERRITORY (Principal Garage Location) Code Radius Use Size (GVW) 1 7909 Muskego WI Terr 113 2 7909 Muskego WI Terr 113 3 7909 Muskego WI Terr 113 4 7909 Muskego WI Terr 113 5 7909 Muskego WI Terr 113 Coverages Veh No. Combined Single Limit* Personal Injury Protection Property Protection Insurance (Michigan only) Med Payments Limit Medical Expense & Income LossDedAdd'l PIP 1 4,000,000 10,000 2 4,000,000 10,000 3 4,000,000 10,000 4 4,000,000 10,000 5 4,000,000 10,000 *Limits Shown Are In Thousands PREMIUMS Veh No. Combined Single Limit Basic PIP Add'l PIP Property Protection Insurance (Michigan Only)MCCA Medical Payments Medical Expense & Income Loss 1 $243 $31 2 $243 $31 3 $243 $31 4 $243 $31 5 $243 $31 Veh No. PHYSICAL DAMAGE COVERAGE PHYSICAL DAMAGE PREMIUMS Total PremiumDeductiblesTowing & Labor Limit Comp Specified Causes of Loss Coll Towing & LaborCompSpecified Causes of Loss Coll 1 500 500 2,500 $19 $$57 $Included $379 2 500 500 2,500 $143 $$428 $Included $874 3 500 500 2,500 $276 $$829 $Included $1,408 4 500 500 2,500 $73 $$218 $Included $594 5 500 500 2,500 $190 $$571 $Included $1,064 Policy No.:FDK 2431286 -32 B CL CA DS 02 05 13 Page 5 of 12 ITEM THREE Schedule of Covered Autos You Own (Continued) Veh No. DESCRIPTION Cost New Designated Value INC %LimitYearModelVIN Number 6 2002 Pierce 1000 gpm pumper 4P1CT02M92A002273 $$480,000 0 %$ 7 2006 Ford rescue squad 1FDXE45P76HB13981 $$172,600 0 %$ 8 2005 Ford inspector vehicle 1FMPU16525LA90264 $$6,000 0 %$ 9 2008 Pierce aerial ladder truck 4P1C101A48009012 $$774,700 0 %$ 10 1987 GMC 3000 gal tanker 1GDT9C4JHV530354 $$303,300 0 %$ Veh No. CLASSIFICATION TERRITORY (Principal Garage Location) Code Radius Use Size (GVW) 6 7909 Muskego WI Terr 113 7 7909 Muskego WI Terr 113 8 7909 Muskego WI Terr 113 9 7909 Muskego WI Terr 113 10 7909 Muskego WI Terr 113 Coverages Veh No. Combined Single Limit* Personal Injury Protection Property Protection Insurance (Michigan only) Med Payments Limit Medical Expense & Income LossDedAdd'l PIP 6 4,000,000 10,000 7 4,000,000 10,000 8 4,000,000 10,000 9 4,000,000 10,000 10 4,000,000 10,000 *Limits Shown Are In Thousands PREMIUMS Veh No. Combined Single Limit Basic PIP Add'l PIP Property Protection Insurance (Michigan Only)MCCA Medical Payments Medical Expense & Income Loss 6 $243 $31 7 $243 $31 8 $243 $31 9 $243 $31 10 $243 $31 Veh No. PHYSICAL DAMAGE COVERAGE PHYSICAL DAMAGE PREMIUMS Total PremiumDeductiblesTowing & Labor Limit Comp Specified Causes of Loss Coll Towing & LaborCompSpecified Causes of Loss Coll 6 500 500 2,500 $276 $$829 $Included $1,408 7 500 500 2,500 $99 $$298 $Included $700 8 500 2,500 $3 $$$Included $306 9 500 500 2,500 $446 $$1,339 $Included $2,088 10 500 500 2,500 $175 $$524 $Included $1,002 Policy No.:FDK 2431286 -32 Page 6 of 12 B CL CA DS 02 05 13 ITEM THREE Schedule of Covered Autos You Own (Continued) Veh No. DESCRIPTION Cost New Designated Value INC %LimitYearModelVIN Number 11 1996 KME aerial truck 1K9AF6484TN058357 $$1,000,000 0 %$ 12 1996 Freightliner 1250 gpm pumper 1FV6JLCB0TL622577 $$494,800 0 %$ 13 1999 Ford personnel carrier 1FTWW33F5XEE19484 $$72,800 0 %$ 14 2000 Scotty fire safety house 1SSTT1PT0X1155491 $$70,300 0 %$ 15 2006 KME heavy duty rescue truck 1K9AF42816N058005 $$450,000 0 %$ Veh No. CLASSIFICATION TERRITORY (Principal Garage Location) Code Radius Use Size (GVW) 11 7909 Muskego WI Terr 113 12 7909 Muskego WI Terr 113 13 7909 Muskego WI Terr 113 14 69499 0-75 N/A Muskego WI Terr 113 15 7909 Muskego WI Terr 113 Coverages Veh No. Combined Single Limit* Personal Injury Protection Property Protection Insurance (Michigan only) Med Payments Limit Medical Expense & Income LossDedAdd'l PIP 11 4,000,000 10,000 12 4,000,000 10,000 13 4,000,000 10,000 14 15 4,000,000 10,000 *Limits Shown Are In Thousands PREMIUMS Veh No. Combined Single Limit Basic PIP Add'l PIP Property Protection Insurance (Michigan Only)MCCA Medical Payments Medical Expense & Income Loss 11 $243 $31 12 $243 $31 13 $243 $31 14 15 $243 $31 Veh No. PHYSICAL DAMAGE COVERAGE PHYSICAL DAMAGE PREMIUMS Total PremiumDeductiblesTowing & Labor Limit Comp Specified Causes of Loss Coll Towing & LaborCompSpecified Causes of Loss Coll 11 500 500 2,500 $576 $$1,728 $Included $2,607 12 500 500 2,500 $285 $$855 $Included $1,443 13 500 500 2,500 $42 $$126 $Included $471 14 500 500 2,500 $40 $$121 $Included $161 15 500 500 2,500 $259 $$778 $Included $1,340 Policy No.:FDK 2431286 -32 B CL CA DS 02 05 13 Page 7 of 12 ITEM THREE Schedule of Covered Autos You Own (Continued) Veh No. DESCRIPTION Cost New Designated Value INC %LimitYearModelVIN Number 16 1995 Ford equipment carrier 1FDKE30F7SHB64359 $$48,600 0 %$ 17 2003 Chevrolet inspectors truck 1GCEC14X13Z158034 $$31,500 0 %$ 18 2008 Chevrolet als ambulance 1GBE4V1978F418458 $$194,100 0 %$ 19 2010 Ford als ambulance 1FDXE4FP3ADA36136 $$137,300 0 %$ 20 2010 Pierce 1500 gpm pumper 4P1CJ01A5AA011192 $$483,600 0 %$ Veh No. CLASSIFICATION TERRITORY (Principal Garage Location) Code Radius Use Size (GVW) 16 7909 Muskego WI Terr 113 17 7909 Muskego WI Terr 113 18 7919 Muskego WI Terr 113 19 7919 Muskego WI Terr 113 20 7909 Muskego WI Terr 113 Coverages Veh No. Combined Single Limit* Personal Injury Protection Property Protection Insurance (Michigan only) Med Payments Limit Medical Expense & Income LossDedAdd'l PIP 16 4,000,000 10,000 17 4,000,000 10,000 18 4,000,000 10,000 19 4,000,000 10,000 20 4,000,000 10,000 *Limits Shown Are In Thousands PREMIUMS Veh No. Combined Single Limit Basic PIP Add'l PIP Property Protection Insurance (Michigan Only)MCCA Medical Payments Medical Expense & Income Loss 16 $243 $31 17 $243 $31 18 $304 $31 19 $304 $31 20 $243 $31 Veh No. PHYSICAL DAMAGE COVERAGE PHYSICAL DAMAGE PREMIUMS Total PremiumDeductiblesTowing & Labor Limit Comp Specified Causes of Loss Coll Towing & LaborCompSpecified Causes of Loss Coll 16 500 500 2,500 $28 $$84 $Included $415 17 500 500 2,500 $18 $$54 $Included $375 18 500 500 2,500 $112 $$335 $Included $811 19 500 500 2,500 $79 $$237 $Included $680 20 500 500 2,500 $278 $$836 $Included $1,417 Policy No.:FDK 2431286 -32 Page 8 of 12 B CL CA DS 02 05 13 ITEM THREE Schedule of Covered Autos You Own (Continued) Veh No. DESCRIPTION Cost New Designated Value INC %LimitYearModelVIN Number 21 2010 Chevrolet als ambulance 1GB9G5B66A1122153 $$154,000 0 %$ 22 2009 Ford Crown Victoria 2FAHP71V29X136670 $$%$ 23 2015 Pierce 1250 gpm pumper 4P1BAAFF0FA015003 $$515,866 0 %$ 24 2014 Chevrolet Road Rescue 1GB6G5CL9E1185647 $$170,000 %$ $$%$ Veh No. CLASSIFICATION TERRITORY (Principal Garage Location) Code Radius Use Size (GVW) 21 7919 Muskego WI Terr 113 22 7908 Muskego WI Terr 113 23 7909 Muskego WI Terr 113 24 7909 Muskego WI Terr 113 Coverages Veh No. Combined Single Limit* Personal Injury Protection Property Protection Insurance (Michigan only) Med Payments Limit Medical Expense & Income LossDedAdd'l PIP 21 4,000,000 10,000 22 4,000,000 10,000 23 4,000,000 10,000 24 4,000,000 10,000 *Limits Shown Are In Thousands PREMIUMS Veh No. Combined Single Limit Basic PIP Add'l PIP Property Protection Insurance (Michigan Only)MCCA Medical Payments Medical Expense & Income Loss 21 $304 $31 22 $168 $17 23 $243 $31 24 $243 $31 Veh No. PHYSICAL DAMAGE COVERAGE PHYSICAL DAMAGE PREMIUMS Total PremiumDeductiblesTowing & Labor Limit Comp Specified Causes of Loss Coll Towing & LaborCompSpecified Causes of Loss Coll 21 500 500 2,500 $89 $$266 $Included $719 22 $$$$$236 23 500 500 2,500 $297 $$891 $Included $1,491 24 500 500 2,500 $98 $$294 $Included $695 $$$$$ Policy No.:FDK 2431286 -32 B CL CA DS 02 05 13 Page 9 of 12 ITEM THREE Schedule of Covered Autos You Own (Continued) SCHEDULE OF LOSS PAYEES Veh No.Except for Towing, All Physical Damage Loss Is Payable To You And The Loss Payee Named Below As Interests May Appear At The Time Of The Loss Policy No.:FDK 2431286 -32 Page 10 of 12 B CL CA DS 02 05 13 ITEM FOUR Schedule Of Hired Or Borrowed Covered Auto Coverage And Premiums Liability Coverage - Cost of Hire Rating Basis For Autos NOT Used In Your Motor Carrier Operations (Other Than Mobile Or Farm Equipment) State Estimated Cost Of Hire For Each State Rate Per Each $100 Cost Of Hire Premium WI $If Any $$ Liability Coverage Rating Basis, Number Of Days (For Mobile Or Farm Equipment Rental Period Basis) State Estimated Number Of Days Equipment Will Be Rented Base Premium Factor Premium $ Total Premium:$ Cost of hire means the total amount you incur for the hire of autos you don't own (not including autos you borrow or rent from your partners or employees or their family members).Cost of hire does not include charges for services performed by motor carriers of property or passengers. Policy No.:FDK 2431286 -32 B CL CA DS 02 05 13 Page 11 of 12 Physical Damage Coverage State Coverage Limits Of Insurance WI Comprehensive Actual Cash Value Or Cost Of Repair, Whichever Is Less, Minus $50 Deductible For Each Covered Auto, But No Deductible Applies To Loss Caused By Fire Or Lightning. Estimated Annual Cost Of Hire Rate Per Each $100 Annual Cost Of Hire Premium $If Any $$Included Specified Causes Of Loss Actual Cash Value Or Cost Of Repair, Whichever Is Less, Minus $Deductible For Each Covered Auto For Loss Caused By Mischief Or Vandalism Estimated Annual Cost Of Hire Rate Per Each $100 Annual Cost Of Hire Premium $$$ Collision Actual Cash Value Or Cost Of Repair, Whichever Is Less, Minus $100 Deductible For Each Covered Auto. Estimated Annual Cost Of Hire Rate Per Each $100 Annual Cost Of Hire Premium $If Any $$Included Total Premium:$Included ITEM FIVE Schedule For Non-Ownership Liability State Named Insureds Business Rating Basis Number Premium WI Other Than Garage Service Operations And Other Than Social Service Agencies Number Of Employees 25 $Included Number Of Partners (Active and Inactive) $ Garage Service Operations Number Of Employees Whose Principal Duty Involves The Operation Of Autos $ Number of Partners (Active and Inactive) Social Service Agencies Number Of Employees $ Number Of Volunteers 25 $Included Number of Partners (Active and Inactive) Total Premiums:$Included Policy No.:FDK 2431286 -32 Page 12 of 12 B CL CA DS 02 05 13 ITEM SIX Schedule For Gross Receipts Or Mileage Basis Address of Business Headquarters Location Type of Risk (Check One)Public Autos Leasing or Rental Concerns Rating Basis (Check One)Gross Receipts (Per $100)Mileage (Per Mile) Estimated Yearly (Gross Receipts or Mileage) Premiums Liability $ Personal Injury Protection $ Added Personal Injury Protection $ Auto Medical Payments $ Medical Expense and Income Loss Benefits (VA Only)$ Comprehensive $ Specified Causes Of Loss $ Collision $ Towing and Labor $ When used as a premium basis: FOR PUBLIC AUTOS Gross Receipts means the total amount earned by the named insured for transporting passengers, mail and merchandise.Gross Receipts does not include: A.Amounts you pay to air, sea or land carriers operating under their own permits. B.Advertising revenue. C.Taxes collected as a separate item and paid directly to the government. D.C.O.D. collections for cost of mail or merchandise including collection fees. Mileage means the total live and dead mileage of all revenue producing "autos" during the policy period. FOR RENTAL OR LEASING CONCERNS Gross receipts means the total amount earned by the named insured for the leasing or renting of "autos" to others without drivers. Mileage means the total of all live and dead mileage of all "autos" you leased or rented to others without drivers. COMMERCIAL AUTO CL CA FS 01 09 08 SCHEDULE OF FORMS AND ENDORSMENTS_CL CA FS 01_09/08 CL CA FS 01 09 08 Page 1 of 1 Policy Number:FDK 2431286 -32 SCHEDULE OF FORMS AND ENDORSEMENTS The following Declarations, Coverage Forms, Conditions, and Endorsements are applicable to: Commercial Auto State*Number Edition Description ALL B CL CA DS 02 05-2013 Public Entity and FirePak Declarations ALL CL CA FS 01 09-2008 Schedule of Forms and Endorsements ALL CA 00 01 03-2006 Business Auto Coverage Form ALL CA 01 17 11-2011 Wisconsin Changes ALL CA 21 03 11-2011 Wisconsin Uninsured Motorists Coverage ALL CA 21 45 11-2011 Wisconsin Underinsured Motorists Coverage ALL CA 23 84 01-2006 Exclusion Of Terrorism ALL CA 23 94 03-2006 Silica Or Silica-Related Dust Exclusion For Covered Autos Exposure ALL CA 99 24 11-2011 Wisconsin Auto Medical Payments Coverage ALL CW 30 65 08-2003 Asbestos Exclusion ALL CW 33 79 03-2012 Fire/EMS PAK And Public Entity PAK Designated Value Auto Endorsement ALL CW 33 86 07-2009 Fire/EMS PAK Auto Enhancement Endorsement ALL CW 969 02-1996 Additional Interest Endorsement *When the word "ALL" appears in the state column, the form applies to all states on the policy. COMMERCIAL AUTO CA 00 01 03 06 CA 00 01 03 06 © ISO Properties, Inc., 2005 Page 1 of 12 !!!! BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine 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 pro- viding this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V – Definitions. SECTION I – COVERED AUTOS Item Two of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos". The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos". A. Description Of Covered Auto Designation Symbols Symbol Description Of Covered Auto Designation Symbols 1 Any "Auto" 2 Owned "Autos" Only Only those "autos" you own (and for Liability Coverage any "trailers" you don't own while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 Owned Private Passenger "Autos" Only Only the private passenger "autos" you own. This includes those private passenger "autos" you acquire ownership of after the policy begins. 4 Owned "Autos" Other Than Pri- vate Passenger "Autos" Only Only those "autos" you own that are not of the private passenger type (and for Li- ability Coverage any "trailers" you don't own while attached to power units you own). This includes those "autos" not of the private passenger type you acquire ownership of after the policy begins. 5 Owned "Autos" Subject To No- Fault Only those "autos" you own that are required to have No-Fault benefits in the state where they are licensed or principally garaged. This includes those "autos" you ac- quire ownership of after the policy begins provided they are required to have No- Fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Subject To A Compulsory Un- insured Motor- ists Law Only those "autos" you own that because of the law in the state where they are li- censed or principally garaged are required to have and cannot reject Uninsured Motorists Coverage. This includes those "autos" you acquire ownership of after the policy begins provided they are subject to the same state uninsured motorists re- quirement. 7 Specifically De- scribed "Autos" Only those "autos" described in Item Three of the Declarations for which a pre- mium charge is shown (and for Liability Coverage any "trailers" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos" Only Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" you lease, hire, rent, or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Nonowned "Autos" Only Only those "autos" you do not own, lease, hire, rent or borrow that are used in con- nection with your business. This includes "autos" owned by your "employees", part- ners (if you are a partnership), members (if you are a limited liability company), or members of their households but only while used in your business or your personal affairs. <!-Bookmark:BUSINESS AUTO COVERAGE FORM_CA 00 01_03/06:EndBoomark-!> Page 2 of 12 © ISO Properties, Inc., 2005 CA 00 01 03 06 !!!! 19 Mobile Equip- ment Subject To Compulsory Or Financial Re- sponsibility Or Other Motor Ve- hicle Insurance Law Only Only those "autos" that are land vehicles and that would qualify under the definition of "mobile equipment" under this policy if they were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where they are li- censed or principally garaged. B. Owned Autos You Acquire After The Policy Begins 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered next to a coverage in Item Two of the Declara- tions, then you have coverage for "autos" that you acquire of the type described for the re- mainder of the policy period. 2. But, if Symbol 7 is entered next to a coverage in Item Two of the Declarations, an "auto" you acquire will be a covered "auto" for that cover- age only if: a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that cover- age; and b. You tell us within 30 days after you acquire it that you want us to cover it for that cover- age. C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos If Liability Coverage is provided by this Coverage Form, the following types of vehicles are also cov- ered "autos" for Liability Coverage: 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile equipment" while being carried or towed by a covered "auto". 3. Any "auto" you do not own while used with the permission of its owner as a temporary substi- tute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss"; or e. Destruction. SECTION II – LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "acci- dent" and resulting from the ownership, mainte- nance or use of covered "autos". However, we will only pay for the "covered pollution cost or ex- pense" if there is either "bodily injury" or "property damage" to which this insurance applies that is caused by the same "accident". We have the right and duty to defend any "insured" against a "suit" asking for such damages or a "covered pollution cost or expense". However, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury" or "prop- erty damage" or a "covered pollution cost or ex- pense" to which this insurance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the Liability Coverage Limit of Insur- ance has been exhausted by payment of judg- ments or settlements. 1. Who Is An Insured The following are "insureds": a. You for any covered "auto". b. Anyone else while using with your permis- sion a covered "auto" you own, hire or bor- row except: (1) The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto" is a "trailer" connected to a cov- ered "auto" you own. CA 00 01 03 06 © ISO Properties, Inc., 2005 Page 3 of 12 !!!! (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". (5) A partner (if you are a partnership), or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an "in- sured" described above but only to the ex- tent of that liability. 2. Coverage Extensions a. Supplementary Payments We will pay for the "insured": (1) All expenses we incur. (2) Up to $2,000 for cost of bail bonds (in- cluding bonds for related traffic law vio- lations) required because of an "acci- dent" we cover. We do not have to fur- nish these bonds. (3) The cost of bonds to release attach- ments in any "suit" against the "insured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $250 a day be- cause of time off from work. (5) All costs taxed against the "insured" in any "suit" against the "insured" we de- fend. (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "in- sured" we defend, but our duty to pay in- terest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. These payments will not reduce the Limit of Insurance. b. Out-Of-State Coverage Extensions While a covered "auto" is away from the state where it is licensed we will: (1) Increase the Limit of Insurance for Li- ability Coverage to meet the limits speci- fied by a compulsory or financial re- sponsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or prop- erty. (2) Provide the minimum amounts and types of other coverages, such as no- fault, required of out-of-state vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. Exclusions This insurance does not apply to any of the follow- ing: 1. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "in- sured". 2. Contractual Liability assumed under any contract or agree- ment. But this exclusion does not apply to liability for damages: a. Assumed in a contract or agreement that is an "insured contract" provided the "bodily in- jury" or "property damage" occurs subse- quent to the execution of the contract or agreement; or b. That the "insured" would have in the ab- sence of the contract or agreement. 3. Workers' Compensation Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability benefits or unemployment compensation law or any similar law. 4. Employee Indemnification And Employer's Liability "Bodily injury" to: a. An "employee" of the "insured" arising out of and in the course of: (1) Employment by the "insured"; or Page 4 of 12 © ISO Properties, Inc., 2005 CA 00 01 03 06 !!!! (2) Performing the duties related to the con- duct of the "insured's" business; or b. The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph a. above. This exclusion applies: (1) Whether the "insured" may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. But this exclusion does not apply to "bodily in- jury" to domestic "employees" not entitled to workers' compensation benefits or to liability assumed by the "insured" under an "insured contract". For the purposes of the Coverage Form, a domestic "employee" is a person en- gaged in household or domestic work per- formed principally in connection with a resi- dence premises. 5. Fellow Employee "Bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while per- forming duties related to the conduct of your business. 6. Care, Custody Or Control "Property damage" to or "covered pollution cost or expense" involving property owned or trans- ported by the "insured" or in the "insured's" care, custody or control. But this exclusion does not apply to liability assumed under a sidetrack agreement. 7. Handling Of Property "Bodily injury" or "property damage" resulting from the handling of property: a. Before it is moved from the place where it is accepted by the "insured" for movement into or onto the covered "auto"; or b. After it is moved from the covered "auto" to the place where it is finally delivered by the "insured". 8. Movement Of Property By Mechanical Device "Bodily injury" or "property damage" resulting from the movement of property by a mechani- cal device (other than a hand truck) unless the device is attached to the covered "auto". 9. Operations "Bodily injury" or "property damage" arising out of the operation of: a. Any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equip- ment"; or b. Machinery or equipment that is on, attached to, or part of, a land vehicle that would qual- ify under the definition of "mobile equip- ment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. 10. Completed Operations "Bodily injury" or "property damage" arising out of your work after that work has been com- pleted or abandoned. In this exclusion, your work means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in connection with such work or operations. Your work includes warranties or representa- tions made at any time with respect to the fit- ness, quality, durability or performance of any of the items included in Paragraph a. or b. above. Your work will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been completed. (2) When all of the work to be done at the site has been completed if your contract calls for work at more than one site. (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, cor- rection, repair or replacement, but which is oth- erwise complete, will be treated as completed. 11. Pollution "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or es- cape of "pollutants": a. That are, or that are contained in any prop- erty that is: (1) Being transported or towed by, handled, or handled for movement into, onto or from, the covered "auto"; CA 00 01 03 06 © ISO Properties, Inc., 2005 Page 5 of 12 !!!! (2) Otherwise in the course of transit by or on behalf of the "insured"; or (3) Being stored, disposed of, treated or processed in or upon the covered "auto"; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are ac- cepted by the "insured" for movement into or onto the covered "auto"; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lu- bricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate, or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equip- ment". Paragraphs b. and c. above of this exclusion do not apply to "accidents" that occur away from premises owned by or rented to an "in- sured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (2) The discharge, dispersal, seepage, mi- gration, release or escape of the "pollut- ants" is caused directly by such upset, overturn or damage. 12. War "Bodily injury" or "property damage" arising di- rectly or indirectly out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any govern- ment, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental au- thority in hindering or defending against any of these. 13. Racing Covered "autos" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. This insurance also does not apply while that covered "auto" is being pre- pared for such a contest or activity. C. Limit Of Insurance Regardless of the number of covered "autos", "in- sureds", premiums paid, claims made or vehicles involved in the "accident", the most we will pay for the total of all damages and "covered pollution cost or expense" combined, resulting from any one "ac- cident" is the Limit of Insurance for Liability Cover- age shown in the Declarations. All "bodily injury", "property damage" and "covered pollution cost or expense" resulting from continu- ous or repeated exposure to substantially the same conditions will be considered as resulting from one "accident". No one will be entitled to receive duplicate pay- ments for the same elements of "loss" under this Coverage Form and any Medical Payments Cov- erage Endorsement, Uninsured Motorists Cover- age Endorsement or Underinsured Motorists Cov- erage Endorsement attached to this Coverage Part. SECTION III – PHYSICAL DAMAGE COVERAGE A. Coverage 1. We will pay for "loss" to a covered "auto" or its equipment under: a. Comprehensive Coverage From any cause except: (1) The covered "auto's" collision with an- other object; or (2) The covered "auto's" overturn. b. Specified Causes Of Loss Coverage Caused by: (1) Fire, lightning or explosion; (2) Theft; (3) Windstorm, hail or earthquake; (4) Flood; (5) Mischief or vandalism; or (6) The sinking, burning, collision or derail- ment of any conveyance transporting the covered "auto". Page 6 of 12 © ISO Properties, Inc., 2005 CA 00 01 03 06 !!!! c. Collision Coverage Caused by: (1) The covered "auto's" collision with an- other object; or (2) The covered "auto's" overturn. 2. Towing We will pay up to the limit shown in the Decla- rations for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. 3. Glass Breakage – Hitting A Bird Or Animal – Falling Objects Or Missiles If you carry Comprehensive Coverage for the damaged covered "auto", we will pay for the fol- lowing under Comprehensive Coverage: a. Glass breakage; b. "Loss" caused by hitting a bird or animal; and c. "Loss" caused by falling objects or missiles. However, you have the option of having glass breakage caused by a covered "auto's" collision or overturn considered a "loss" under Collision Coverage. 4. Coverage Extensions a. Transportation Expenses We will pay up to $20 per day to a maxi- mum of $600 for temporary transportation expense incurred by you because of the to- tal theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expi- ration, when the covered "auto" is returned to use or we pay for its "loss". b. Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" be- comes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use ex- penses if caused by: (1) Other than collision only if the Declara- tions indicate that Comprehensive Cov- erage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any ex- penses for loss of use is $20 per day, to a maximum of $600. B. Exclusions 1. We will not pay for "loss" caused by or resulting from any of the following. Such "loss" is ex- cluded regardless of any other cause or event that contributes concurrently or in any se- quence to the "loss". a. Nuclear Hazard (1) The explosion of any weapon employing atomic fission or fusion; or (2) Nuclear reaction or radiation, or radioac- tive contamination, however caused. b. War Or Military Action (1) War, including undeclared or civil war; (2) Warlike action by a military force, includ- ing action in hindering or defending against an actual or expected attack, by any government, sovereign or other au- thority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power or action taken by gov- ernmental authority in hindering or de- fending against any of these. 2. We will not pay for "loss" to any covered "auto" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. We will also not pay for "loss" to any covered "auto" while that covered "auto" is being pre- pared for such a contest or activity. 3. We will not pay for "loss" caused by or resulting from any of the following unless caused by other "loss" that is covered by this insurance: a. Wear and tear, freezing, mechanical or electrical breakdown. b. Blowouts, punctures or other road damage to tires. 4. We will not pay for "loss" to any of the follow- ing: a. Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. CA 00 01 03 06 © ISO Properties, Inc., 2005 Page 7 of 12 !!!! b. Any device designed or used to detect speed measuring equipment such as radar or laser detectors and any jamming appara- tus intended to elude or disrupt speed measurement equipment. c. Any electronic equipment, without regard to whether this equipment is permanently in- stalled, that receives or transmits audio, visual or data signals and that is not de- signed solely for the reproduction of sound. d. Any accessories used with the electronic equipment described in Paragraph c. above. Exclusions 4.c. and 4.d. do not apply to: a. Equipment designed solely for the repro- duction of sound and accessories used with such equipment, provided such equipment is permanently installed in the covered "auto" at the time of the "loss" or such equipment is removable from a housing unit which is permanently installed in the cov- ered "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"; or b. Any other electronic equipment that is: (1) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system; or (2) An integral part of the same unit housing any sound reproducing equipment de- scribed in Paragraph a. above and per- manently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. 5. We will not pay for "loss" to a covered "auto" due to "diminution in value". C. Limit Of Insurance 1. The most we will pay for "loss" in any one "ac- cident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss"; or b. The cost of repairing or replacing the dam- aged or stolen property with other property of like kind and quality. 2. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen prop- erty will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. SECTION IV – BUSINESS AUTO CONDITIONS The following conditions apply in addition to the Common Policy Conditions: A. Loss Conditions 1. Appraisal For Physical Damage Loss If you and we disagree on the amount of "loss", either may demand an appraisal of the "loss". In this event, each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The apprais- ers will state separately the actual cash value and amount of "loss". If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal, we will still retain our right to deny the claim. 2. Duties In The Event Of Accident, Claim, Suit Or Loss We have no duty to provide coverage under this policy unless there has been full compli- ance with the following duties: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "acci- dent" 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. b. Additionally, you and any other involved "in- sured" must: (1) Assume no obligation, make no payment or incur no expense without our consent, except at the "insured's" own cost. Page 8 of 12 © ISO Properties, Inc., 2005 CA 00 01 03 06 !!!! (2) Immediately send us copies of any re- quest, demand, order, notice, summons or legal paper received concerning the claim or "suit". (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit". (4) Authorize us to obtain medical records or other pertinent information. (5) Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. c. If there is "loss" to a covered "auto" or its equipment you must also do the following: (1) Promptly notify the police if the covered "auto" or any of its equipment is stolen. (2) Take all reasonable steps to protect the covered "auto" from further damage. Also keep a record of your expenses for consideration in the settlement of the claim. (3) Permit us to inspect the covered "auto" and records proving the "loss" before its repair or disposition. (4) Agree to examinations under oath at our request and give us a signed statement of your answers. 3. Legal Action Against Us No one may bring a legal action against us un- der this Coverage Form until: a. There has been full compliance with all the terms of this Coverage Form; and b. Under Liability Coverage, we agree in writ- ing that the "insured" has an obligation to pay or until the amount of that obligation has finally been determined by judgment af- ter trial. No one has the right under this pol- icy to bring us into an action to determine the "insured's" liability. 4. Loss Payment – Physical Damage Coverages At our option we may: a. Pay for, repair or replace damaged or stolen property; b. Return the stolen property, at our expense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or sto- len property at an agreed or appraised value. If we pay for the "loss", our payment will include the applicable sales tax for the damaged or sto- len property. 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or or- ganization must do everything necessary to se- cure our rights and must do nothing after "acci- dent" or "loss" to impair them. B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any obli- gations under this Coverage Form. 2. Concealment, Misrepresentation Or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured", at any time, intentionally con- ceal or misrepresent a material fact concern- ing: a. This Coverage Form; b. The covered "auto"; c. Your interest in the covered "auto"; or d. A claim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revi- sion is effective in your state. 4. No Benefit To Bailee – Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other provi- sion of this Coverage Form. CA 00 01 03 06 © ISO Properties, Inc., 2005 Page 9 of 12 !!!! 5. Other Insurance a. For any covered "auto" you own, this Cov- erage Form provides primary insurance. For any covered "auto" you don't own, the in- surance provided by this Coverage Form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Liability Coverage this Coverage Form pro- vides for the "trailer" is: (1) Excess while it is connected to a motor vehicle you do not own. (2) Primary while it is connected to a cov- ered "auto" you own. b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". c. Regardless of the provisions of Paragraph a. above, this Coverage Form's Liability Coverage is primary for any liability as- sumed under an "insured contract". d. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the lim- its of all the Coverage Forms and policies covering on the same basis. 6. Premium Audit a. The estimated premium for this Coverage Form is based on the exposures you told us you would have when this policy began. We will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the bal- ance, if any. The due date for the final pre- mium or retrospective premium is the date shown as the due date on the bill. If the es- timated total premium exceeds the final premium due, the first Named Insured will get a refund. b. If this policy is issued for more than one year, the premium for this Coverage Form will be computed annually based on our rates or premiums in effect at the beginning of each year of the policy. 7. Policy Period, Coverage Territory Under this Coverage Form, we cover "acci- dents" and "losses" occurring: a. During the policy period shown in the Decla- rations; and b. Within the coverage territory. The coverage territory is: a. The United States of America; b. The territories and possessions of the United States of America; c. Puerto Rico; d. Canada; and e. Anywhere in the world if: (1) A covered "auto" of the private passen- ger type is leased, hired, rented or bor- rowed without a driver for a period of 30 days or less; and (2) The "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico, or Canada or in a settlement we agree to. We also cover "loss" to, or "accidents" involv- ing, a covered "auto" while being transported between any of these places. 8. Two Or More Coverage Forms Or Policies Issued By Us If this Coverage Form and any other Coverage Form or policy issued to you by us or any com- pany affiliated with us apply to the same "acci- dent", the aggregate maximum Limit of Insur- ance under all the Coverage Forms or policies shall not exceed the highest applicable Limit of Insurance under any one Coverage Form or policy. This condition does not apply to any Coverage Form or policy issued by us or an af- filiated company specifically to apply as excess insurance over this Coverage Form. SECTION V – DEFINITIONS A. "Accident" includes continuous or repeated expo- sure to the same conditions resulting in "bodily in- jury" or "property damage". B. "Auto" means: 1. A land motor vehicle, "trailer" or semitrailer de- signed for travel on public roads; or Page 10 of 12 © ISO Properties, Inc., 2005 CA 00 01 03 06 !!!! 2. Any other land vehicle that is subject to a com- pulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equip- ment". C. "Bodily injury" means bodily injury, sickness or dis- ease sustained by a person including death result- ing from any of these. D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement that any "insured" or others test for, monitor, clean up, remove, con- tain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollut- ants"; or 2. Any claim or "suit" by or on behalf of a govern- mental authority for damages because of test- ing for, monitoring, cleaning up, removing, con- taining, treating, detoxifying or neutralizing, or in any way responding to or assessing the ef- fects of "pollutants". "Covered pollution cost or expense" does not in- clude any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seep- age, migration, release or escape of "pollutants": a. That are, or that are contained in any prop- erty that is: (1) Being transported or towed by, handled, or handled for movement into, onto or from the covered "auto"; (2) Otherwise in the course of transit by or on behalf of the "insured"; (3) Being stored, disposed of, treated or processed in or upon the covered "auto"; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are ac- cepted by the "insured" for movement into or onto the covered "auto"; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lu- bricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate, or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraph 6.b. or 6.c. of the definition of "mobile equip- ment". Paragraphs b. and c. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (2) The discharge, dispersal, seepage, mi- gration, release or escape of the "pollut- ants" is caused directly by such upset, overturn or damage. E. "Diminution in value" means the actual or per- ceived loss in market value or resale value which results from a direct and accidental "loss". F. "Employee" includes a "leased worker". "Em- ployee" does not include a "temporary worker". G. "Insured" means any person or organization quali- fying as an insured in the Who Is An Insured provi- sion of the applicable coverage. Except with re- spect to the Limit of Insurance, the coverage af- forded applies separately to each insured who is seeking coverage or against whom a claim or "suit" is brought. H. "Insured contract" means: 1. A lease of premises; 2. A sidetrack agreement; 3. Any easement or license agreement, except in connection with construction or demolition op- erations on or within 50 feet of a railroad; CA 00 01 03 06 © ISO Properties, Inc., 2005 Page 11 of 12 !!!! 4. An obligation, as required by ordinance, to in- demnify a municipality, except in connection with work for a municipality; 5. That part of any other contract or agreement pertaining to your business (including an in- demnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another to pay for "bodily injury" or "property damage" to a third party or organization. Tort liability means a liability that would be imposed by law in the ab- sence of any contract or agreement; 6. That part of any contract or agreement entered into, as part of your business, pertaining to the rental or lease, by you or any of your "employ- ees", of any "auto". However, such contract or agreement shall not be considered an "insured contract" to the extent that it obligates you or any of your "employees" to pay for "property damage" to any "auto" rented or leased by you or any of your "employees". An "insured contract" does not include that part of any contract or agreement: a. That indemnifies a railroad for "bodily injury" or "property damage" arising out of con- struction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road- beds, tunnel, underpass or crossing; or b. That pertains to the loan, lease or rental of an "auto" to you or any of your "employees", if the "auto" is loaned, leased or rented with a driver; or c. That holds a person or organization en- gaged in the business of transporting prop- erty by "auto" for hire harmless for your use of a covered "auto" over a route or territory that person or organization is authorized to serve by public authority. 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. "Leased worker" does not include a "temporary worker". J. "Loss" means direct and accidental loss or dam- age. K. "Mobile equipment" means any of the following types of land vehicles, including any attached ma- chinery or equipment: 1. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; 2. Vehicles maintained for use solely on or next to premises you own or rent; 3. Vehicles that travel on crawler treads; 4. Vehicles, whether self-propelled or not, main- tained primarily to provide mobility to perma- nently mounted: a. Power cranes, shovels, loaders, diggers or drills; or b. Road construction or resurfacing equipment such as graders, scrapers or rollers. 5. Vehicles not described in Paragraph 1., 2., 3., or 4. above that are not self-propelled and are maintained primarily to provide mobility to per- manently attached equipment of the following types: a. Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting and well servicing equipment; or b. Cherry pickers and similar devices used to raise or lower workers. 6. Vehicles not described in Paragraph 1., 2., 3. or 4. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": a. Equipment designed primarily for: (1) Snow removal; (2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning; b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and c. Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting or well servicing equipment. However, "mobile equipment" does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally ga- raged. Land vehicles subject to a compulsory or fi- nancial responsibility law or other motor vehicle in- surance law are considered "autos". L. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. M. "Property damage" means damage to or loss of use of tangible property. Page 12 of 12 © ISO Properties, Inc., 2005 CA 00 01 03 06 !!!! N. "Suit" means a civil proceeding in which: 1. Damages because of "bodily injury" or "prop- erty damage"; or 2. A "covered pollution cost or expense", to which this insurance applies, are alleged. "Suit" includes: a. An arbitration proceeding in which such damages or "covered pollution costs or ex- penses" are claimed and to which the "in- sured" must submit or does submit with our consent; or b. Any other alternative dispute resolution pro- ceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the insured submits with our consent. O. "Temporary worker" means a person who is fur- nished to you to substitute for a permanent "em- ployee" on leave or to meet seasonal or short-term workload conditions. P. "Trailer" includes semitrailer. COMMERCIAL AUTO CA 01 17 11 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 01 17 11 11 © Insurance Services Office, Inc., 2011 Page 1 of 3 WISCONSIN CHANGES For a covered "auto" licensed or principally garaged in, or "garage operations" conducted in, Wisconsin, the coverage form is changed as follows: This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the coverage form apply unless modified by the endorsement. A. Changes In Liability Coverage 1. If your business is other than selling, servicing, repairing or parking "autos", Who Is An Insured is changed to include an officer, agent or "employee" of such business while using a covered "auto". However, that person is an "insured" only if he or she has no other valid and collectible insurance with at least the applicable minimum limit specified in WIS. STAT. ch. 344. In this event, coverage will be provided only up to the applicable minimum limit specified in WIS. STAT. ch. 344. The applicable minimum limit is: a. $60,000 for each "accident" for "bodily injury" and "property damage", if the limit of liability is a single limit that applies for each "accident"; or b. $25,000 for each person/$50,000 for each "accident" for "bodily injury"/$10,000 for "property damage", if the limit of liability is indicated as a split limit. 2. If your business is selling, servicing, repairing or parking "autos", Who Is An Insured is changed to include anyone other than an officer, agent or "employee" of such business while using a covered "auto". However, that person is an "insured" only if he or she has no other valid and collectible insurance with at least the applicable minimum limit specified in WIS. STAT. ch. 344. In this event, coverage will be provided only up to the applicable minimum limit specified in WIS. STAT. ch. 344. The applicable minimum limit is: a. $60,000 for each "accident" for "bodily injury" and "property damage", if the limit of liability is a single limit that applies for each "accident"; or b. $25,000 for each person/$50,000 for each "accident" for "bodily injury"/$10,000 for "property damage", if the limit of liability is indicated as a split limit. 3. The following is added to Who Is An Insured: Anyone else is an "insured" while using a covered "auto" you own with your or any adult "family member's" permission. <!-Bookmark:WISCONSIN CHANGES_CA 01 17_11/11:EndBoomark-!> Page 2 of 3 © Insurance Services Office, Inc., 2011 CA 01 17 11 11 4. The Garage Coverage Form is changed as follows: a. Paragraph a.(2)(d)(i) of the Who Is An Insured Provision is replaced by the following: (i) Has no other available insurance (whether primary, excess or contingent), they are an "insured" but only up to $60,000 for each "accident", which is the minimum combined single limit of liability specified in WIS. STAT. ch. 344. b. Paragraph a.(2)(d)(ii) of the Who Is An Insured Provision is replaced by the following: (ii) Has other available insurance (whether primary, excess or contingent), less than the applicable minimum limit for "bodily injury" or "property damage" liability specified in WIS. STAT. ch. 344, they are an "insured" only for the amount by which the applicable minimum limit of liability exceeds the limit of their other insurance. The applicable minimum limit is: i. $60,000 for each "accident" for "bodily injury" or "property damage", if the limit of liability is a single limit that applies for each "accident"; or ii. $25,000 for each person/$50,000 for each "accident" for "bodily injury"/$10,000 for "property damage", if the limit of liability is indicated as a split limit. 5. The Fellow Employee Exclusion does not apply if the "bodily injury" results from the use of a covered "auto" you do not own or lease. B. Changes In Conditions 1. The first sentence of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: We have no duty to provide coverage under this policy if failure to comply with the following duties is prejudicial to us: In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representatives notice as soon as reasonably possible of the "accident" or "loss". 2. The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: We shall be entitled to a recovery only after the "insured" has been fully compensated for damages. 3. The Legal Action Against Us Condition does not apply. 4. The following is added to the Concealment, Misrepresentation Or Fraud Condition: No oral or written statement, representation or warranty made by the "insured" or on his or her behalf in the negotiation for or procurement of this coverage form shall be deemed material or defeat or void this coverage form, unless such statement, representation or warranty was false and made with intent to deceive, or unless the matter misrepresented or made a warranty, increased the risk or contributed to the "loss". In addition, no breach of a warranty in this coverage form shall defeat or void this coverage form unless the breach of such warranty increased the risk at the time of "loss", or contributed to the "loss", or existed at the time of the "loss". Our authorized representative's knowledge will be considered our knowledge. If our authorized representative knows before an "accident" or "loss" something which violates a policy condition, this will not void the policy or defeat a recovery for a claim. If we elect to rescind this policy, we will notify the "insured" of our intention within 60 days after acquiring knowledge of sufficient facts to constitute grounds for rescission. CA 01 17 11 11 © Insurance Services Office, Inc., 2011 Page 3 of 3 5. The following is added: Conformity To Statute Or Rule Any provision of this Coverage Part (including endorsements which modify the Coverage Part) that is in conflict with a Wisconsin statute or rule is hereby amended to conform to that statute or rule. The term rule means a valid rule promulgated by the Commissioner of Insurance in accordance with the rule-making authority conferred under WIS. STAT. Section 227.11(2) and published in the Wisconsin Administrative Code. COMMERCIAL AUTO CA 21 03 11 11 WISCONSIN UNINSURED MOTORISTS COVERAGE_CA 21 03_11/11 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. CA 21 03 11 11 ã Insurance Services Office, Inc. 2011 Page 1 of 4 WISCONSIN UNINSURED MOTORISTS COVERAGE For a covered "auto"licensed or principally garaged,or "garage operations"conducted,in Wisconsin,this endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured:Tess Corners Volunteer Fire Department Endorsement Effective Date:04/01/2015 SCHEDULE Limit Of Insurance:$1,000,000 Each "Accident" Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Coverage 1.We will pay all sums the "insured"is legally entitled to recover as compensatory damages from the owner or driver of an "uninsured motor vehicle".The damages must result from "bodily injury"sustained by the "insured"caused by an "accident".The owner's or driver's liability for these damages must result from the ownership, maintenance or use of the "uninsured motor vehicle". 2.Any judgment for damages arising out of a "suit" brought without our written consent is not binding on us. B.Who Is An Insured If the Named Insured is designated in the Declarations as: 1.An individual, then the following are "insureds": a.The Named Insured and any "family members". b.Anyone else "occupying"a covered "auto"or a temporary substitute for a covered "auto". The covered "auto"must be out of service because of its breakdown,repair,servicing, "loss" or destruction. c.Anyone else "occupying"an "auto"you do not own who is an "insured"for liability under the coverage form,but only at times when that person is an "insured"for liability under the coverage form. d.Anyone for damages he or she is entitled to recover because of "bodily injury"sustained by another "insured". 2.A partnership,limited liability company, corporation or any other form of organization, then the following are "insureds": a.Anyone "occupying"a covered "auto"or a temporary substitute for a covered "auto". The covered "auto"must be out of service because of its breakdown,repair,servicing, "loss" or destruction. Page 2 of 4 ã Insurance Services Office, Inc. 2011 CA 21 03 11 11 b.Anyone else "occupying"an "auto"you do not own who is an "insured"for liability under the coverage form,but only at times when that person is an "insured"for liability under the coverage form. c.Anyone for damages he or she is entitled to recover because of "bodily injury"sustained by another "insured". C.Exclusions This insurance does not apply to any of the following: 1.Any claim settled without our consent. 2.The direct or indirect benefit of any insurer or self-insurer under any workers'compensation, disability benefits or similar law. 3."Bodily injury" sustained by: a.An individual Named Insured while "occupying"or when struck by any vehicle owned by that Named Insured that is not a covered "auto"for Uninsured Motorists Coverage under this coverage form; b.Any "family member"while "occupying''or when struck by any vehicle owned by that "family member"that is not a covered "auto" for Uninsured Motorists Coverage under this coverage form; or c.Any "family member"while "occupying"or when struck by any vehicle owned by the Named Insured that is insured for Uninsured Motorists Coverage on a primary basis under any other coverage form or policy. 4.Anyone using a vehicle without a reasonable belief that the person is entitled to do so. 5.Punitive or exemplary damages. 6."Bodily injury" arising directly or indirectly out of: a.War, including undeclared or civil war; b.Warlike action by a military force,including action in hindering or defending against an actual or expected attack,by any government,sovereign or other authority using military personnel or other agents; or c.Insurrection,rebellion,revolution,usurped power or action taken by governmental authority in hindering or defending against any of these. D.Limit Of Insurance 1.Regardless of the number of covered "autos", "insureds",premiums paid,claims made or vehicles involved in the "accident",the most we will pay for all damages resulting from any one "accident"is the Limit Of Insurance for Uninsured Motorists Coverage shown in the Schedule or Declarations. 2.The Limit of Insurance under this coverage shall be reduced by: a.All sums paid or payable under any workers' compensation,disability benefits or similar law; and b.All sums paid by or for anyone who is legally responsible,including all sums paid under this coverage form's Liability Coverage. 3.No one will be entitled to receive duplicate payments for the same elements of "loss"under this coverage form and any Liability Coverage form,Underinsured Motorists Coverage endorsement or Uninsured Motorists Coverage endorsement. We will not make a duplicate payment under this coverage for any element of "loss"for which payment has been made by or for anyone who is legally responsible. We will not make a duplicate payment to the extent amounts are paid or payable because of "bodily injury"under workers'compensation, disability benefits or similar law. CA 21 03 11 11 ã Insurance Services Office, Inc. 2011 Page 3 of 4 E.Changes In Conditions The conditions are changed for Uninsured Motorists Coverage as follows: 1.Other Insurance in the Business Auto and Garage Coverage Forms and Other Insurance -Primary And Excess Insurance Provisions in the Truckers and Motor Carrier Coverage Forms are replaced by the following: If there is other applicable insurance available under one or more policies or provisions of coverage: a.The maximum recovery under all coverage forms or policies combined may equal but not exceed the highest applicable limit for any one vehicle under any coverage form or policy providing coverage on either a primary or excess basis. b.Any insurance we provide with respect to a vehicle the Named Insured does not own shall be excess over any other collectible uninsured motorists insurance providing coverage on a primary basis. c.If the coverage under this coverage form is provided: (1)On a primary basis,we will pay only our share of the "loss"that must be paid under insurance providing coverage on a primary basis.Our share is the proportion that our limit of liability bears to the total of all applicable limits of liability for coverage on a primary basis. (2)On an excess basis,we will pay only our share of the "loss"that must be paid under insurance providing coverage on an excess basis.Our share is the proportion that our limit of liability bears to the total of all applicable limits of liability for coverage on an excess basis. 2.Duties In The Event Of Accident,Claim,Suit Or Loss is changed by adding the following: a.Promptly notify the police if a hit-and-run driver is involved; and b.Promptly send us copies of the legal papers if a "suit" is brought. 3.Transfer Of Rights Of Recovery Against Others To Us is changed by adding the following: a.We shall be entitled to the right to recover damages from another only after the "insured"has been fully compensated for damages. b.If we make any payment and the "insured" recovers from another party,the "insured" shall hold the proceeds in trust for us and pay us back the amount we have paid only after the "insured"has been fully compensated for damages. 4.The following condition is added: Arbitration a.If we and an "insured"disagree whether the "insured"is legally entitled to recover damages from the owner or driver of an "uninsured motor vehicle"or do not agree as to the amount of damages that are recoverable by that "insured",then the matter may be arbitrated.However,disputes concerning coverage under this endorsement may not be arbitrated.Both parties must agree to arbitration.If so agreed,each party will select an arbitrator. The two arbitrators will select a third.If they cannot agree within 30 days,either may request that selection be made by a judge of a court having jurisdiction.Each party will pay the expenses it incurs and bear the expenses of the third arbitrator equally. b.Unless both parties agree otherwise, arbitration will take place in the county in which the "insured"lives.Local rules of law as to arbitration procedure and evidence will apply.A decision agreed to by two of the arbitrators will be binding. F.Additional Definitions As used in this endorsement: 1."Family member"means a person related to an individual Named Insured by blood,marriage or adoption who is a resident of such Named Insured's household,including a ward or foster child. Page 4 of 4 ã Insurance Services Office, Inc. 2011 CA 21 03 11 11 2."Occupying"means in,upon,getting in,on,out or off. 3."Uninsured motor vehicle"means a land motor vehicle or "trailer": a.For which no liability bond or policy at the time of an "accident"provides at least the applicable minimum limit for "bodily injury" liability specified in WIS.STAT.ch.344.The applicable minimum limit is: (1)$50,000 for each "accident",if the limit of liability is a single limit that applies for each "accident"; or (2)$25,000 for each person/$50,000 for each "accident",if the limit of liability is indicated as a split limit; b.For which an insuring or bonding company denies coverage or is or becomes insolvent; or c.That is a hit-and-run vehicle and neither the driver nor owner can be identified.The vehicle must hit an "insured",a covered "auto"or a vehicle an "insured"is "occupying",or must hit another vehicle that hits an "insured",a covered "auto"or a vehicle an "insured" is "occupying". d.That is a phantom motor vehicle and neither the driver nor owner can be identified.The vehicle must make no physical contact with the insured nor with a vehicle the insured is occupying,and all of the following must apply: (1)The facts of the accident must be corroborated by competent evidence that is provided by someone other than the "insured"or any other person who makes a claim against the uninsured motorists coverage as a result of the accident; (2)Within 72 hours after the accident,the "insured"or someone on behalf of the "insured"must report the accident to a police,peace or judicial officer or to the department of transportation or,if the accident occurs outside of Wisconsin,the equivalent agency in the state where the accident occurs; and (3)Within 30 days after the accident occurs, the "insured"or someone on behalf of the "insured"must file with the insurer a statement under oath that the "insured" or a legal representative of the "insured" has a cause of action arising out of the accident for damages against a person whose identity is not ascertainable and setting forth the facts in support of the statement.However,"uninsured motor vehicle" does not include any vehicle: a.Owned by a governmental unit or agency; b.Operated exclusively on rails or crawler treads; c.Designed for use mainly off public roads while not on public roads; d.Owned or operated by a self-insurer under any applicable motor vehicle law,except a self-insurer which is or becomes insolvent; or e.That is an underinsured motor vehicle. COMMERCIAL AUTO CA 21 45 11 11 WISCONSIN UNDERINSURED MOTORISTS COVERAGE_CA 21 45_11/11 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. CA 21 45 11 11 © Insurance Services Office, Inc., 2011 Page 1 of 4 WISCONSIN UNDERINSURED MOTORISTS COVERAGE For a covered "auto"licensed or principally garaged,or "garage operations"conducted,in Wisconsin,this endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy or as of the date indicated below. Named Insured:Tess Corners Volunteer Fire Department Endorsement Effective Date:04/01/2015 SCHEDULE Limit Of Insurance:$1,000,000 Each "Accident" Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Coverage 1.We will pay all sums the "insured"is legally entitled to recover as compensatory damages from the owner or driver of an "underinsured motor vehicle".The damages must result from "bodily injury"sustained by the "insured"caused by an "accident".The owner's or driver's liability for these damages must result from the ownership,maintenance or use of the "underinsured motor vehicle". 2.We will pay under this coverage only if Paragraph a. or b. below applies: a.The limits of any applicable liability bonds or policies have been exhausted by payment of judgments or settlements; or b.A tentative settlement has been made between an "insured"and the insurer of the "underinsured motor vehicle", and we: (1)Have been given prompt written notice of such tentative settlement; and (2)Advance payment to the "insured"in an amount equal to the tentative settlement within 30 days after receipt of notification. 3.Any judgment for damages arising out of a "suit" brought without our written consent is not binding on us. B.Who Is An Insured If the Named Insured is designated in the Declarations as: 1.An individual, then the following are "insureds": a.The Named Insured and any "family members". b.Anyone else "occupying"a covered "auto"or a temporary substitute for a covered "auto". The covered "auto"must be out of service because of its breakdown,repair,servicing, "loss" or destruction. Page 2 of 4 © Insurance Services Office, Inc., 2011 CA 21 45 11 11 c.Anyone for damages he or she is entitled to recover because of "bodily injury"sustained by another "insured". 2.A partnership,limited liability company, corporation or any other form of organization, then the following are "insureds": a.Anyone "occupying"a covered "auto"or a temporary substitute for a covered "auto". The covered "auto"must be out of service because of its breakdown,repair,servicing, "loss" or destruction. b.Anyone for damages he or she is entitled to recover because of "bodily injury"sustained by another "insured". C.Exclusions This insurance does not apply to any of the following: 1.The direct or indirect benefit of any insurer or self-insurer under any workers'compensation, disability benefits or similar law. 2."Bodily injury" sustained by: a.An individual Named Insured while "occupying"or when struck by any vehicle owned by that Named Insured that is not a covered "auto"for Underinsured Motorists Coverage under this coverage form; b.Any "family member"while "occupying"or when struck by any vehicle owned by that "family member"that is not a covered "auto" for Underinsured Motorists Coverage under this coverage form; or c.Any "family member"while "occupying"or when struck by any vehicle owned by the Named Insured that is insured for Underinsured Motorists Coverage on a primary basis under any other coverage form or policy. 3.Anyone using a vehicle without a reasonable belief that the person is entitled to do so. 4.Punitive or exemplary damages. 5."Bodily injury" arising directly or indirectly out of: a.War, including undeclared or civil war; b.Warlike action by a military force,including action in hindering or defending against an actual or expected attack,by any government,sovereign or other authority using military personnel or other agents; or c.Insurrection,rebellion,revolution,usurped power or action taken by governmental authority in hindering or defending against any of these. D.Limit Of Insurance 1.Regardless of the number of covered "autos", "insureds",premiums paid,claims made or vehicles involved in the "accident",the most we will pay for all damages resulting from any one "accident"is the Limit of Insurance for Underinsured Motorists Coverage shown in the Schedule or Declarations. 2.The Limit of Insurance under this coverage shall be reduced by: a.All sums paid or payable under any workers' compensation,disability benefits or similar law; and b.All sums paid by or for anyone who is legally responsible,including all sums paid under this coverage form's Liability Coverage. 3.No one will be entitled to receive duplicate payments for the same elements of "loss"under this coverage form and any Liability Coverage form,Underinsured Motorists Coverage endorsement or Uninsured Motorists Coverage endorsement. We will not make a duplicate payment under this coverage for any element of "loss"for which payment has been made by or for anyone who is legally responsible. We will not make a duplicate payment to the extent amounts are paid or payable because of "bodily injury"under workers'compensation, disability benefits or similar law. CA 21 45 11 11 © Insurance Services Office, Inc., 2011 Page 3 of 4 E.Changes In Conditions The conditions are changed for Underinsured Motorists Coverage as follows: 1.Other Insurance in the Business Auto and Garage Coverage Forms and Other Insurance -Primary And Excess Insurance Provisions in the Truckers and Motor Carrier Coverage Forms are replaced by the following: If there is other applicable insurance available under one or more policies or provisions of coverage: a.The maximum recovery under all coverage forms or policies combined may equal but not exceed the highest applicable limit for any one vehicle under any coverage form or policy providing coverage on either a primary or excess basis. b.Any insurance we provide with respect to a vehicle the Named Insured does not own shall be excess over any other collectible underinsured motorists insurance providing coverage on a primary basis. c.If the coverage under this coverage form is provided: (1)On a primary basis,we will pay only our share of the "loss"that must be paid under insurance providing coverage on a primary basis.Our share is the proportion that our limit of liability bears to the total of all applicable limits of liability for coverage on a primary basis. (2)On an excess basis,we will pay only our share of the "loss"that must be paid under insurance providing coverage on an excess basis.Our share is the proportion that our limit of liability bears to the total of all applicable limits of liability for coverage on an excess basis. 2.Duties In The Event Of Accident,Claim,Suit Or Loss is changed by adding the following: a.Promptly send us copies of the legal papers if a "suit" is brought; and b.Promptly notify us,in writing,of a tentative settlement between an "insured"and the insurer of the "underinsured motor vehicle", and allow us 30 days to advance payment to that "insured"in an amount equal to the tentative settlement to preserve our rights against the insurer,owner or operator of such "underinsured motor vehicle". However,this Provision 2.b.does not apply if failure to notify us does not prejudice our rights against the insurer,owner or operator of such "underinsured motor vehicle". 3.Transfer Of Rights Of Recovery Against Others To Us is changed by adding the following: a.We shall be entitled to the right to recover damages from another only after the "insured"has been fully compensated for damages. b.If we make any payment and the "insured" recovers from another party,the "insured" shall hold the proceeds in trust for us and pay us back the amount we have paid only after the "insured"has been fully compensated for damages. Our rights do not apply under this provision with respect to Underinsured Motorists Coverage if we: a.Have been given prompt written notice of a tentative settlement between an "insured" and the insurer of an "underinsured motor vehicle"; and b.Fail to advance payment to the "insured"in an amount equal to the tentative settlement within 30 days after receipt of notification. If we advance payment to the "insured"in an amount equal to the tentative settlement within 30 days after receipt of notification: a.That payment will be separate from any amount the "insured"is entitled to recover under the provisions of Underinsured Motorists Coverage; and b.We also have a right to recover the advanced payment. Page 4 of 4 © Insurance Services Office, Inc., 2011 CA 21 45 11 11 4.The following condition is added: Arbitration a.If we and an "insured"disagree whether the "insured"is legally entitled to recover damages from the owner or driver of an "underinsured motor vehicle"or do not agree as to the amount of damages that are recoverable by that "insured",then the matter may be arbitrated.However,disputes concerning coverage under this endorsement may not be arbitrated.Both parties must agree to arbitration.If so agreed,each party will select an arbitrator. The two arbitrators will select a third.If they cannot agree within 30 days,either may request that selection be made by a judge of a court having jurisdiction.Each party will pay the expenses it incurs and bear the expenses of the third arbitrator equally. b.Unless both parties agree otherwise, arbitration will take place in the county in which the "insured"lives.Local rules of law as to arbitration procedure and evidence will apply.A decision agreed to by two of the arbitrators will be binding. F.Additional Definitions As used in this endorsement: 1."Family member"means a person related to an individual Named Insured by blood,marriage or adoption who is a resident of such Named Insured's household,including a ward or foster child. 2."Occupying"means in,upon,getting in,on,out or off. 3."Underinsured motor vehicle"means a land motor vehicle or "trailer"for which the sum of all liability bonds or policies,at the time of an "accident",provides at least the applicable minimum limit for bodily injury liability specified in WIS.STAT.ch.344 but that sum is less than the Limit of Insurance of this coverage.The applicable minimum limit is: a.$50,000 for each "accident",if the limit of liability is a single limit that applies for each "accident"; or b.$25,000 for each person/$50,000 for each "accident",if the limit of liability is indicated as a split limit. However,"underinsured motor vehicle"does not include any vehicle: a.Owned or operated by a self-insurer under any applicable motor vehicle law; b.Owned by a governmental unit or agency; c.Operated exclusively on rails or crawler treads; d.Designed for use mainly off public roads while not on public roads; or e.That is an "uninsured motor vehicle". COMMERCIAL AUTO CA 23 84 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 23 84 01 06 © ISO Properties, Inc., 2004 Page 1 of 3 !!!! EXCLUSION OF TERRORISM This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM SINGLE INTEREST AUTOMOBILE PHYSICAL DAMAGE INSURANCE POLICY TRUCKERS COVERAGE FORM With respect to coverage provided by this endorse- ment, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following definitions are added and apply under this endorsement wherever the term terror- ism, or the phrase any injury, damage, loss or ex- pense, are enclosed in quotation marks: 1. "Terrorism" means activities against persons, organizations or property of any nature: a. That involve the following or preparation for the following: (1) Use or threat of force or violence; or (2) Commission or threat of a dangerous act; or (3) Commission or threat of an act that interferes with or disrupts an electronic, communication, information, or me- chanical system; and b. When one or both of the following applies: (1) The effect is to intimidate or coerce a government or the civilian population or any segment thereof, or to disrupt any segment of the economy; or (2) It appears that the intent is to intimidate or coerce a government, or to further po- litical, ideological, religious, social or economic objectives or to express (or express opposition to) a philosophy or ideology. 2. "Any injury, damage, loss or expense" means any injury, damage, loss or expense covered under any Coverage Form or Policy to which this endorsement is applicable, and includes but is not limited to "bodily injury", "property damage", "personal injury", "personal and ad- vertising injury", "loss", loss of use, rental reim- bursement after "loss" or "covered pollution cost or expense", as may be defined under this Coverage Form, Policy or any applicable en- dorsement. B. Except with respect to Physical Damage Cover- age, Trailer Interchange Coverage, Garagekeep- ers Coverage, Garagekeepers Coverage – Cus- tomers' Sound Receiving Equipment or the Single Interest Automobile Physical Damage Insurance Policy, the following exclusion is added: EXCLUSION OF TERRORISM We will not pay for "any injury, damage, loss or expense" caused directly or indirectly by "terror- ism", including action in hindering or defending against an actual or expected incident of "terror- ism". "Any injury, damage, loss or expense" is ex- cluded regardless of any other cause or event that contributes concurrently or in any sequence to such injury, damage, loss or expense. But this exclusion applies only when one or more of the following are attributed to an incident of "terrorism": 1. The "terrorism" is carried out by means of the dispersal or application of radioactive material, or through the use of a nuclear weapon or de- vice that involves or produces a nuclear reac- tion, nuclear radiation or radioactive contamina- tion; or <!-Bookmark:EXCLUSION OF TERRORISM_CA 23 84_01/06:EndBoomark-!> Page 2 of 3 © ISO Properties, Inc., 2004 CA 23 84 01 06 !!!! 2. Radioactive material is released, and it appears that one purpose of the "terrorism" was to re- lease such material; or 3. The "terrorism" is carried out by means of the dispersal or application of pathogenic or poi- sonous biological or chemical materials; or 4. Pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the "terrorism" was to release such materials; or 5. The total of insured damage to all types of property exceeds $25,000,000. In determining whether the $25,000,000 threshold is ex- ceeded, we will include all insured damage sus- tained by property of all persons and entities af- fected by the "terrorism" and business interruption losses sustained by owners or oc- cupants of the damaged property. For the pur- pose of this provision, insured damage means damage that is covered by any insurance plus damage that would be covered by any insur- ance but for the application of any terrorism ex- clusions; or 6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provi- sion, serious physical injury means: a. Physical injury that involves a substantial risk of death; or b. Protracted and obvious physical disfigure- ment; or c. Protracted loss of or impairment of the function of a bodily member or organ. Multiple incidents of "terrorism" which occur within a 72-hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident, for the purpose of determining whether the thresholds in Paragraphs B.5. and B.6. are exceeded. With respect to this Exclusion, Paragraphs B.5. and B.6. describe the thresholds used to measure the magnitude of an incident of "terrorism" and the circumstances in which the threshold will apply, for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion ap- plies to an incident of "terrorism", there is no cov- erage under this Coverage Form, Policy or any applicable endorsement. C. With respect to Physical Damage Coverage, Trailer Interchange Coverage, Garagekeepers Coverage, Garagekeepers Coverage – Customers' Sound Receiving Equipment or the Single Interest Automobile Physical Damage Insurance Policy, the following exclusion is added: EXCLUSION OF TERRORISM We will not pay for any "loss", loss of use or rental reimbursement after "loss" caused directly or indi- rectly by "terrorism", including action in hindering or defending against an actual or expected inci- dent of "terrorism". But this exclusion applies only when one or more of the following are at- tributed to an incident of "terrorism": 1. The "terrorism" is carried out by means of the dispersal or application of radioactive material, or through the use of a nuclear weapon or de- vice that involves or produces a nuclear reac- tion, nuclear radiation or radioactive contamina- tion; or 2. Radioactive material is released, and it appears that one purpose of the "terrorism" was to re- lease such material; or 3. The "terrorism" is carried out by means of the dispersal or application of pathogenic or poi- sonous biological or chemical materials; or 4. Pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the "terrorism" was to release such materials; or 5. The total of insured damage to all types of property exceeds $25,000,000. In determining whether the $25,000,000 threshold is ex- ceeded, we will include all insured damage sus- tained by property of all persons and entities af- fected by the "terrorism" and business interruption losses sustained by owners or oc- cupants of the damaged property. For the pur- pose of this provision, insured damage means damage that is covered by any insurance plus damage that would be covered by any insur- ance but for the application of any terrorism ex- clusions. Multiple incidents of "terrorism" which occur within a 72-hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident, for the purpose of determining whether the threshold in Paragraph C.5. is exceeded. CA 23 84 01 06 © ISO Properties, Inc., 2004 Page 3 of 3 !!!! With respect to this Exclusion, Paragraph C.5. de- scribes the threshold used to measure the magni- tude of an incident of "terrorism" and the circum- stances in which the threshold will apply, for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion applies to an incident of "terrorism", there is no coverage under this Coverage Form, Policy or any applica- ble endorsement. D. In the event of any incident of "terrorism" that is not subject to the Exclusion in Paragraphs B. or C., coverage does not apply to "any injury, damage, loss or expense" that is otherwise excluded under this Coverage Form, Policy or any applicable en- dorsement. COMMERCIAL AUTO CA 23 94 03 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 23 94 03 06 © ISO Properties, Inc., 2005 Page 1 of 1 !!!! SILICA OR SILICA-RELATED DUST EXCLUSION FOR COVERED AUTOS EXPOSURE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. A. The following exclusion is added to Paragraph B. Exclusions of Section II – Liability Coverage in the Business Auto, Motor Carrier and Truckers Coverage Forms and for "Garage Operations" – Covered "Autos" in the Garage Coverage Form: SILICA OR SILICA-RELATED DUST EXCLUSION FOR COVERED AUTOS EXPOSURE This insurance does not apply to: 1. "Bodily injury" arising, in whole or in part, out of the actual, alleged, threatened or suspected in- halation of, or ingestion of, "silica" or "silica- related dust". 2. "Property damage" arising, in whole or in part, out of the actual, alleged, threatened or sus- pected contact with, exposure to, existence of, or presence of, "silica" or "silica-related dust". 3. Any loss, cost or expense arising, in whole or in part, out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, de- toxifying, neutralizing, remediating or disposing of, or in any way responding to or assessing the effects of, "silica" or "silica-related dust", by any "insured" or by any other person or entity. B. Additional Definitions As used in this endorsement: 1. "Silica" means silicon dioxide (occurring in crystalline, amorphous and impure forms), sil- ica particles, silica dust or silica compounds. 2. "Silica-related dust" means a mixture or combi- nation of silica and other dust or particles. <!-Bookmark:SILICA OR SILICA-RELATED DUST EXCLUSION FOR COVERED AUTOS EXPOSURE_CA 23 94_03/06:EndBoomark-!> COMMERCIAL AUTO CA 99 24 11 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 99 24 11 11 © Insurance Services Office, Inc., 2011 Page 1 of 2 WISCONSIN AUTO MEDICAL PAYMENTS COVERAGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the coverage form apply unless modified by the endorsement. A. Coverage We will pay reasonable expenses incurred for necessary medical, chiropractic and funeral services to or for an "insured" who sustains "bodily injury" caused by "accident". We will pay only those expenses incurred for services rendered within three years from the date of the "accident". B. Who Is An Insured 1. You while "occupying" or, while a pedestrian, when struck by any "auto". 2. If you are an individual, any "family member" while "occupying" or, while a pedestrian, when struck by any "auto". 3. Anyone else "occupying" a covered "auto" or a temporary substitute for a covered "auto". The covered "auto" must be out of service because of its breakdown, repair, servicing, loss or destruction. 4. Anyone else "occupying" an "auto" you do not own who is an "insured" for liability under the coverage form, but only at times when that person is an "insured" for liability under the coverage form. C. Exclusions This insurance does not apply to any of the following: 1. "Bodily injury" sustained by an "insured" while "occupying" a vehicle located for use as a premises. 2. "Bodily injury" sustained by you or any "family member" while "occupying" or struck by any vehicle (other than a covered "auto") owned by you or furnished or available for your regular use. 3. "Bodily injury" sustained by any "family member" while "occupying" or struck by any vehicle (other than a covered "auto") owned by or furnished or available for the regular use of any "family member". 4. "Bodily injury" to your "employee" arising out of and in the course of employment by you. However, we will cover "bodily injury" to your domestic "employees" if not entitled to workers' compensation benefits. For the purposes of this endorsement, a domestic "employee" is a person engaged in household or domestic work performed principally in connection with a residence premises. 5. "Bodily injury" to an "insured" while working in a business of selling, servicing, repairing or parking "autos" unless that business is yours. 6. "Bodily injury" arising directly or indirectly out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these. <!-Bookmark:WISCONSIN AUTO MEDICAL PAYMENTS COVERAGE_CA 99 24_11/11:EndBoomark-!> Page 2 of 2 © Insurance Services Office, Inc., 2011 CA 99 24 11 11 7. "Bodily injury" to anyone using a vehicle without a reasonable belief that the person is entitled to do so. 8. "Bodily injury" sustained by an "insured" while "occupying" any covered "auto" while used in any professional racing or demolition contest or stunting activity or while practicing for such contest or activity. This insurance also does not apply to any "bodily injury" sustained by an "insured" while the "auto" is being prepared for such a contest or activity. D. Limit Of Insurance Regardless of the number of covered "autos", "insureds", premiums paid, claims made or vehicles involved in the "accident", the most we will pay for "bodily injury" for each "insured" injured in any one "accident" is the Limit Of Insurance for Auto Medical Payments Coverage shown in the Declarations. No one will be entitled to receive duplicate payments for the same elements of "loss" under this coverage and any Liability Coverage Form, Uninsured Motorists Coverage endorsement or Underinsured Motorists Coverage endorsement attached to this Coverage Part. E. Changes In Conditions The reference in Other Insurance in the Business Auto and Garage Coverage Forms and Other Insurance – Primary And Excess Insurance Provisions in the Truckers and Motor Carrier Coverage Forms to "other collectible insurance" applies only to other collectible auto medical payments insurance. F. Additional Definitions As used in this endorsement: 1. "Family member" means a person related to you by blood, marriage or adoption who is a resident of your household, including a ward or foster child. 2. "Occupying" means in, upon, getting in, on, out or off. COMMERCIAL AUTO CW 30 65 08 03 ASBESTOS EXCLUSION_CW 30 65_08/03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY . CW 30 65 08 03 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 ASBESTOS EXCLUSION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM PERSONAL INJURY LIABILITY COVERAGE PERSONAL INJURY AND ADVERTISING INJURY LIABILITY COVERAGE A.The following exclusion is added to: (1)B.Exclusions of Section II -Liability Coverage of the Business Auto Coverage Form,the Garage Coverage Form,and/or the Motor Carrier Coverage Form; (2)B.Exclusions of Personal Injury Liability Coverage -Garages,CA 25 08 (if applicable); or (3)B.Exclusions of Section I --Personal Injury and Advertising Injury Liability Coverage,Broadened Coverage -Garages, CA 25 14 (if applicable). This insurance does not apply to: Asbestos 1."Bodily injury","property damage","personal injury","advertising injury",or "reduction in value"related to the actual,alleged,or threatened presence of,or exposure to "asbestos"in any form,or to harmful substances emanating from "asbestos".This includes ingestion,inhalation,absorption, contact with,existence or presence of,or exposure to "asbestos".Such injury from or exposure to "asbestos"also includes,but is not limited to: a.The existence,installation,storage, handling or transportation of "asbestos"; b.The removal,abatement or containment of "asbestos"from any structures, materials,goods,products,or manufacturing process; c.The disposal of "asbestos"; d.Any structures,manufacturing processes, or products containing "asbestos"; e.Any obligation to share damages with or repay someone else who must pay damages because of such injury or damage; or f.Any supervision,instructions, recommendations,warnings or advice given or which should have been given in connection with the above. 2.Any loss,cost or expense,including,but not limited to payment for investigation or defense,fines,penalties and other costs or expenses, arising out of any: a.Claim,"suit",demand,judgment, obligation,order,request,settlement,or statutory or regulatory requirement that any insured or any other person or entity test for,monitor,clean up,remove,contain, mitigate,treat,neutralize,remediate,or dispose of,or in any way respond to,or assess the actual or alleged effects of "asbestos", or b.Claim,"suit",demand,judgment, obligation,request,or settlement due to any actual,alleged,or threatened injury or damage from "asbestos"or testing for, monitoring,cleaning up,removing, containing,mitigating,treating,neutralizing, remediating,or disposing of,or in any way responding to or assessing the actual or alleged effects of,"asbestos"by any insured or by any other person or entity; or c.Claim,"suit",demand,judgment, obligation,or request to investigate which would not have occurred,in whole or in part,but for the actual or alleged presence of or exposure to "asbestos". This exclusion applies regardless of who manufactured,produced,installed,used,owned, sold,distributed,handled,stored or controlled the "asbestos". B.The following definitions are added to the Definitions Section: "Asbestos"means any type or form of asbestos, asbestos fibers,asbestos products,or asbestos materials,including any products,goods,or materials containing asbestos or asbestos fibers,products or materials and any gases, vapors,scents or by-products produced or released by asbestos. Reduction "in value"means any claim,demand or "suit"that alleges diminution,impairment or devaluation of property. COMMERCIAL AUTO CW 33 79 03 12 FIRE EMS PAK AND PUBLIC ENTITY PAK DESIGNATED VALUE AUTO ENDS_CW 33 79_03/12 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. CW 33 79 03 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 2 FIRE/EMS - PAK AND PUBLIC ENTITY PAK DESIGNATED VALUE AUTO ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A.Section III - Physical Damage Coverage is amended as follows: For covered "autos"shown in the Declarations as being insured on a Designated Value (DV)basis,the following applies: 1.The first sentence under Paragraph A.1.is replaced by the following: We will pay for "loss" to a covered "auto" or its "permanently attached equipment" under: 2.Paragraph C. Limit of Insurance is replaced by the following: a.The most we will pay for "loss" in any one "accident" is the lesser of: (1)The cost to repair the damaged "auto"; or (2)The cost to replace parts of the damaged "auto"with other parts of like kind and quality,without deduction for depreciation; or (3)The cost to replace the entire covered "auto"and its "permanently attached equipment"with a comparable new "auto"and "permanently attached equipment"manufactured to current specifications or standards as set by nationally recognized organizations and/or government regulations; or (4)The limit stated in the Declarations as applicable to that "auto". b.In addition to the cost of repairs or replacement as cited in a.(1)and a.(2)above,we will pay any additional costs that you incur to render lost or damaged parts of the covered "auto"in compliance with the latest safety or equipment standards mandated by nationally recognized organizations and/or government regulations. If recertification is required, we will also pay those costs. c.In the event the estimated costs to repair the covered "auto"exceeds 75%of the designated value for that "auto",payment under paragraphs a.(1)or a.(2)above is not applicable.We will pay you the lesser of the amounts due under paragraphs a.(3)or a.(4)above.If we settle the "loss"under paragraphs a.(3) or a.(4) above, we retain all rights to recovery and salvage. d.The limit of physical damage coverage applicable to covered "autos"you own,valued on a Designated Value (DV)basis,shall be automatically increased on a quarterly basis,after the inception date of this policy, by the percentage specified in the Declarations on the schedule of covered "autos". B.Newly Acquired Physical Damage Coverage The following is added to Paragraph B.Owned Autos You Acquire After The Policy Begins of Section I - Covered Autos: 3.If symbols 2,7 or 8 are entered next to a coverage in Item Two of the Declarations,then you have Physical Damage -Other Than Collision (OTC)Coverage or Physical Damage -Collision Coverage for owned "autos"or "autos"you lease for a period of six months or longer that you acquired after the policy period begins and not described in the Declarations.We will pay the least of the following: a.The cost of repairing the damaged "auto"; or Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission CW 33 79 03 12 b.The cost to replace parts of the damaged "auto"with other parts of like kind and quality,without deduction for depreciation; provided the newly acquired "auto"is an emergency vehicle and you tell us within 90 days after you acquire the "auto" that you want us to cover it for Physical Damage. In the event the covered "auto"is a total loss,we will pay the actual cash value of the newly acquired "auto" or the actual cost of purchase paid by you for the newly acquired "auto", whichever is greater. C.Additional Definitions For the purposes of this endorsement only, the following definition is added to the Definitions Section: "Permanently attached equipment"means equipment that is welded,bolted,or permanently screwed to the dashboard,firewall,or body of the "auto".It does not include any equipment inserted on permanently installed slide brackets (with or without setscrews or tension) or any engine used to power the "auto". COMMERCIAL AUTO CW 33 86 07 09 FIRE/EMS-PAK AUTO ENHANCEMENT ENDORSEMENT_CW 33 86_07/09 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ THIS CAREFULLY. CW 33 86 07 09 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 4 FIRE/EMS-PAK AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION II - LIABILITY COVERAGE,change the following: A.1.Who is An "Insured" is deleted and replaced with the following: The following are "insureds": a.You for any covered "auto". b.Any "employee"of yours while using a covered "auto"you don't own,but only for an official emergency response authorized by you. c.The owner of any "commandeered auto" while the "auto" is in your temporary care, custody or control. d.Any "employee"not included in b.above and anyone else while using with your permission a covered "auto" you own, hire or borrow except: (1)The owner or anyone else from whom you hire or borrow a covered "auto".This exception does not apply if the covered "auto"is a "trailer"connected to a covered "auto"you own and does not apply to a temporary substitute "auto". (2)Someone using a covered "auto"while he or she is working in a business of selling,servicing, repairing, parking or storing "autos" unless that business is yours. (3)Anyone other than your "employees",Trustees,Directors or Board Members or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". e.Anyone liable for the conduct of an "insured" described above but only to the extent of that liability. A.2. Coverage Extensions sections a.(2) and a.(4) are deleted and replace with the following: a.(2)Up to $3,000 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. a.(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. B. Exclusions,Sections 1., 5. and 6. are deleted and replaced with the following: 1.Expected Or Intended Injury."Bodily injury"or "property damage"expected or intended from the standpoint of the "insured".This exclusion does not apply to expected or intended "bodily injury"or "property damage" resulting from actions taken to protect persons or property. 5.Fellow Employee."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.This exclusion does not apply if the insured has purchased workers'compensation insurance on the fellow "employee". This coverage is excess over any other valid and collectable insurance. 6.Care,Custody Or Control."Property damage"to or "covered pollution cost or expense"involving property owned or transported by the "insured"or in the "insured's"care,custody or control.This exclusion does not apply: a.when the covered "auto" is used during an emergency response incident or; Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission CW 33 86 07 09 b.to "property damage"to any building or contents that are rented to,leased to,used by,or in the care, custody or control of the Named "Insured"; or c.to liability assumed under a sidetrack agreement. SECTION III - PHYSICAL DAMAGE COVERAGE,changes the following: A.2. Towing is deleted and replaced with the following: 2.Towing We will pay up to $2,500 for towing and labor costs incurred each time a covered "auto"is disabled. However, the labor must be performed at the place of disablement. A.4. Coverage Extensions is changed as follows: a.Transportation Expenses is deleted and replaced with the following: We will pay up to $300 per day to a maximum of $10,000 for temporary transportation expense incurred by you because of a covered loss to a covered "auto".We will pay only for those covered "autos"for which you carry Physical Damage Coverage.We will pay for temporary transportation expenses incurred during the period beginning 24 hours after the loss to the covered "auto"and ending,regardless of the policy's expiration,when the covered "auto"is returned to use or we pay for its "loss".This coverage does not apply while there are spare or reserve "autos"available to you for your operations.No deductible applies to this coverage extension. b.Loss of Use Expenses is deleted and replaced with the following: For Hired Auto Physical Damage,we will pay expenses for which an "insured"becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver,under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1)Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2)Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3)Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However,the most we will pay for any expenses for loss of use is $300 per day,to a maximum of $10,000. c."Employee's" Personal "Autos"is added as follows: We will pay for a covered "loss"to any automobile owned or used by any "employee"while in route to, during and returning from any official duty authorized by you. We will pay the lesser of the following: (1)The amount of the deductible under any "auto" policy available to the "employee"; (2)The actual cash value of the damaged "auto"; or (3)The cost of repairing or replacing the damaged "auto" with like kind and quality. No deductible applies to this coverage extension. This coverage does not apply to any "auto" owned, hired or borrowed by the insured. d.Newly Acquired "Auto"is added as follows: If this policy provides physical damage coverage,we will pay up to $500,000 for a covered "loss"to any "auto"that you newly acquire during the policy period.This coverage extension applies for a period of 90 days or until this policy expires,whichever occurs first.A $500 deductible applies to this coverage extension. Once you report the "auto"to us,we will charge you additional premium from the date you acquired the "auto". CW 33 86 07 09 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 3 of 4 B. Exclusions, Section 3. a. is deleted and replace with the following: 3.a.Wear and tear,freezing,mechanical or electrical breakdown.However,this exclusion does not apply to any "loss"by freezing or loss by mechanical or electrical breakdown to "permanently attached equipment" unless the "loss" is caused by your failure to maintain such equipment. B.Exclusions, Section 4. is hereby deleted. C.LIMIT OF INSURANCE add the following: 4.For scheduled customized "autos"not covered on a designated value basis,the following coverage is provided: We will pay the cost to customize the damaged "auto"with permanently installed equipment of like kind and quality,without deduction for depreciation.We will pay the cost of installation onto a replacement "auto"if the covered "auto"is not repairable.We will also pay for property owned by you that is permanently installed in an "auto" not owned by you. Such customization includes painting,lettering,permanently installed light bars and sirens, communications equipment, computer equipment and other similar permanently installed equipment. D. DEDUCTIBLE is deleted and replaced with the following: D.Deductible For each covered "auto",our obligation to pay for,repair,return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. 1.Any Comprehensive Coverage deductible shown in the Declarations does not apply to: a."Loss" caused by fire or lightning; or b.Glass breakage. 2.No deductible applies to a covered "loss" to a "commandeered auto". 3.If a covered "loss"occurs to more than one "auto"in a single occurrence,then only one deductible, the largest, applies. 4.If a covered "loss"under this coverage also involves a covered "loss"arising out of the same occurrence under a Commercial Property Coverage Form or an Inland Marine Coverage Form issued to you by us, then only one deductible, the largest, applies. SECTION IV - BUSINESS AUTO CONDITIONS,change the following: B.5.a.and B.5.b. are deleted and replaced with the following: a.For any covered "auto"you own and any "commandeered auto",this endorsement provides primary insurance.For any covered "auto"you don't own,the insurance provided by this endorsement is excess over any other collectible insurance.Also,while a covered "auto"which is a "trailer"is connected to another vehicle, the liability coverage this endorsement provides for the "trailer" is: (1)Excess while it is connected to a motor vehicle you do not own. (2)Primary while it is connected to a covered "auto" you own. b.For Hired "Auto"Physical Damage Coverage,any covered "auto"you lease,hire,rent or borrow is deemed to be a covered "auto"you own.However,any "auto"that is leased,hired,rented or borrowed with a driver is not a covered "auto";except when the "auto"is being used during an emergency response incident,it is deemed to be a covered "auto" you own. SECTION V - DEFINITIONS,change the following: B.Add the following: Any land motor vehicle,or "trailer"that you own or lease that is designed for travel on public roads is an "auto"and not "mobile equipment"if the sole reason for considering it "mobile equipment"is that said vehicle is used solely on roads that you own. "Auto" includes "permanently attached equipment". Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission CW 33 86 07 09 F.Delete and replace with the following: "Employee" includes a "leased worker", a "volunteer worker" and a "temporary worker". Add the following: Q."Commandeered Auto"means any "auto"you do not own that you seize or take possession of for official use during an emergency response incident. R."Permanently attached equipment"means equipment that is welded,bolted or permanently screwed to the dashboard, firewall or body of the "auto". The following are not "permanently attached equipment": 1.Any equipment inserted on permanently installed slide brackets,with or without set screws or tension; or 2.Any engine used to power the "auto"; or 3.Any portable equipment. S."Volunteer worker"means a person 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. COMMERCIAL AUTO CW 969 02 96 ADDITIONAL INTEREST ENDORSEMENT_CW 969_02/96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CW 969 02 96 Page 1 of 1 ADDITIONAL INTEREST ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective 04/01/2015 Named Insured Countersigned by Tess Corners Volunteer Fire Department (Authorized Representative) Insurance Company Continental Western Insurance Company Policy Number FDK 2431286 -32 Effective Date 04/01/2015 Expiration Date 04/01/2016 Named Insured Tess Corners Volunteer Fire Department Address W144 S6731 Tess Corners Dr Muskego,WI 53150 Additional Interest City of Muskego W182 S8200 Racine Ave Muskego,WI 53150 (If no entry appears above,information required to complete this endorsement will be shown on the Declarations as applicable to this endorsement.) It is agreed that each interest named above is an insured under this policy if liable for the conduct of an insured described under Section II, Part A. 1.,who is an insured, but only to the extent of that liability. B CM DS 02 09 00 COMMERCIAL INLAND MARINE DECLARATION_B CM DS 02_09/00 B CM DS 02 09 00 Includes copyrighted material of American Association of Insurance Services and Insurance Services Office, Inc., with their permissions Page 1 of 1 Issuing Company:Continental Western Insurance Company,11201 Douglas Ave, Des Moines, IA 50306-1594 Claim Handling Office:P.O. Box 1594, Des Moines, IA 50306-1594: 800-235-2942 After Hours Claim Reporting: 866-232-6724 Underwriting Servicing Office:11201 Douglas Avenue, Urbandale, IA 50322; 800-235-2942 COMMERCIAL INLAND MARINE DECLARATIONS Policy No.:FDK 2431286-32 Named Insured Name and Address Agency Name and Address 01103 Tess Corners Volunteer Fire Department W144 S6731 Tess Corners Dr Muskego,WI 53150 (800) 252-1423 RIDGEVIEW INS AGCY - FP PO BOX 40 PRAIRIE DU SAC,WI 53578 POLICY PERIOD Policy Period:From 04/01/2015 to 04/01/2016 at 12:01 A.M. Standard Time at your mailing address shown above. TOTAL ADVANCE PREMIUM $2,324 Coverage Parts That Apply to This Policy:Coverage Part Premium Fire/EMS PAK $2,324 TOTAL INLAND MARINE PREMIUM $2,324 FORMS ATTACHED TO THIS POLICY See attached "Schedule of Forms and Endorsements" INLAND MARINE CL CM FS 01 09 08 SCHEDULE OF FORMS AND ENDORSEMENTS_CL CM FS 01_09/08 CL CM FS 01 09 08 Page 1 of 1 Policy Number:FDK 2431286 -32 SCHEDULE OF FORMS AND ENDORSEMENTS The following Declarations, Coverage Forms, Conditions, and Endorsements are applicable to: All Commercial Inland Marine Coverages State*Number Edition Description ALL B CM DS 02 09-2000 Commercial Inland Marine Declarations ALL CL CM FS 01 09-2008 Schedule of Forms and Endorsements ALL IM 21 01 04-2004 Amendatory Endorsement - Wisconsin Fire/EMS-PAK Coverages State*Number Edition Description ALL IM 50 17 01-2014 Portable Equipment and Scheduled Property Declarations ALL IM 50 15 05-2002 Fire/EMS Pak Portable Equipment Amendatory Endorsement ALL IM 50 16 07-2009 Fire/EMS Pak Portable Equipment Coverage Form *When the word "ALL" appears in the state column, the form applies to all states on the policy. Copyright, American Association of Insurance Services, Inc., 2004 AAIS This endorsement changes IM 2101 04 04 the policy Page 1 of 2 -- PLEASE READ THIS CAREFULLY -- AMENDATORY ENDORSEMENT WISCONSIN 1. Under Coverage Extensions, Defense Costs, if applicable, is amended to include the following: The expenses "we" incur under Defense Costs will not reduce the applicable "limit" for coverage described under Property Covered. 2. Under Perils Excluded, Criminal, Fraudulent, Dishonest, Or Illegal Acts, if applicable, is amended to include the following: However, if a loss results from an act of, or pattern of, abuse or domestic abuse committed by or at the direction of an insured, this exclusion will not apply to an otherwise covered loss suffered by another insured, provided: a. the other insured did not cooperate in or contribute to the creation of the loss or damage; and b. the person who committed the act is criminally prosecuted. "Our" payment will be limited to the claimant's insurable interest less payments made to a mortgagee or other party with a legal secured interest in the property. "We" retain all rights set forth in the Subrogation condition of this policy with regard to action against the perpetrator of the act that caused the loss. 3. In What Must Be Done In Case Of Loss, item a. under Notice is deleted and replaced by the following: a. give "us" or "our" agent notice, including a description of the property involved, as soon as reasonably possible ("we" may request written notice); and 4. Under How Much We Pay, Insurance Under More Than One Policy, Excess Amount is deleted. 5. Under Other Conditions, Misrepresentation, Concealment, Or Fraud is deleted and replaced by the following: Misrepresentation, Concealment, Or Fraud -- a. The coverage provided by this policy is void as to "you" and any other insured if, before or after a loss: 1) "you" or any other insured have willfully concealed or misrepresented: a) a material fact or circumstance that relates to this insurance or the subject thereof; or b) "your" interest herein; or 2) there has been fraud or false swearing by "you" or any other insured with regard to a matter that relates to this insurance or the subject thereof. b. No misrepresentation or breach of affirmative warranty constitutes grounds for voiding coverage or otherwise affects "our" obligation under this coverage unless "you" or any other insured who has misrepresented a material fact or circumstance knew or should have known that the representation was false, and: 1) "we" rely on the misrepresentation or breach of affirmative warranty and it is either material or it is made with intent to deceive; or 2) the fact misrepresented or falsely warranted contributes to the loss. <!-Bookmark:AMENDATORY ENDORSEMENT - WISCONSIN_IM 21 01_04/04:EndBoomark-!> AAIS IM 2101 04 04 Page 2 of 2 Copyright, American Association of Insurance Services, Inc., 2004 c. No failure of a condition prior to a loss and no breach of promissory warranty constitutes grounds for voiding coverage unless it exists at the time of the loss and: 1) increases the risk at the time of the loss; or 2) contributes to the loss. This does not apply to nonpayment of premium. 6. Under Other Conditions, Subrogation is amended to include the following: If "you" assign to "us" the rights of recovery and "we" recover from another party, "we" will make "you" whole before recovering for "our" loss. 7. In the Motor Truck Cargo Legal Liability Coverage and Warehouse Legal Liability Coverage forms only, under Other Conditions, Suit Against Us is deleted and replaced by the following: Suit Against Us -- No suit may be brought against "us" unless all the "terms" of this coverage have been complied with. IM 2101 04 04 IM 5017 01 14 PORTABLE EQUIPMENT AND SCHEDULED PROPERTY DECLARATIONS_IM 50 17_01/14 IM 5017 01 14 Page 1 of 1 PORTABLE EQUIPMENT AND SCHEDULED PROPERTY DECLARATIONS COVERED PROPERTY Described Property Rating Basis Limit Portable Equipment 1,761,900 Guaranteed Replacement Cost 1.2000 Rescue One Boat #OMCR4915E999 $27,100 2.2000 Johnson boat motor #04720566 $9,200 3.2000 Transport boat trailer #4RPBB1615XC009054 $2,900 4.2009 Polaris Ranger ATV #4XAHH68A592711522w/ winch & fire pallet rack system $28,100 DEDUCTIBLE Portable Equipment Deductible $500 Other Scheduled Property Deductible $500 FORMS APPLICABLE AAIS INLAND MARINE IM 5015 05 02 FIRE-EMS-PAK - PORTABLE EQUIPMENT AMENDATORY ENDORSEMENT _IM 50 15_05/02 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ THIS CAREFULLY. IM 5015 05 02 Page 1 of 1 FIRE/EMS-PAK PORTABLE EQUIPMENT AMENDATORY ENDORSEMENT This endorsement modifies insurance under the following: FIRE/EMS-PAK PORTABLE EQUIPMENT COVERAGE FORM A.The following is added to the PROPERTY COVERED section: "We" cover direct physical loss caused by a covered peril to: 1."your" property or 2.property of others in "your" care, custody, and control as described on the "declarations" B.Items 1. and 2. of the PROPERTY NOT COVERED section are deleted and replaced with the following: 1.Aircraft -"We" do not cover aircraft. 2.Automobiles -"We"do not cover automobiles or any self-propelled vehicles that are licensed and/or designated for highway use. C.The following is added to the PERILS EXCLUDED section: 1.Mechanical or Electrical Breakdown of any engine,motor or prime mover used to power any type of vehicle or watercraft. 2.Coverage does not apply to property insured under this endorsement while it is: a.used as a public or livery conveyance for carrying passengers for compensation, or b.leased or rented to others, or c.operated in any prearranged or organized race or speed contest or in practice or preparation for such an event. 3.Coverage does not apply to damage to or destruction of tires,tubes,rudders,propellers or drive shafts unless caused by fire,explosion,vandalism,or theft or coincides with other loss or damage insured by this endorsement and coverage part. D.ADDITIONAL OR REPLACEMENT PROPERTY If "you" acquire ownership of additional or replacement property during the policy term, it is only covered if you notify us within 60 days of the acquisition."We"will charge additional premium from the date that you acquire the property. This provision only applies to specifically scheduled items and not to the blanket portable equipment coverage. AAIS INLAND MARINE IM 5016 07 09 FIRE-EMS-PAK - PORTABLE EQUIPMENT COVERAGE FORM_IM 50 16_07/09 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ THIS CAREFULLY. IM 5016 07 09 Page 1 of 6 FIRE/EMS-PAK PORTABLE EQUIPMENT COVERAGE FORM AGREEMENT In return for "your"payment of the required premium,"we"provide the coverage described herein subject to all the "terms"of this Portable Equipment Coverage Form.This coverage is also subject to the "declarations"and additional policy conditions relating to assignment or transfer of rights or duties,cancellation,changes or modifications, inspections, and examination of books and records. Endorsements and schedules may also apply.They are identified on the "declarations". Refer to Definitions for words and phrases that have special meaning.These words and phrases are shown in quotation marks or bold type. DEFINITIONS 1.The words "you" and "your" mean the persons or organizations named as the insured on the "declarations". 2.The words "we", "us", and "our" mean the company providing this coverage. 3."Commandeered Property"means property of others that you seize,confiscate or take arbitrarily by force for official use during an "emergency response incident".Such seizure must be spontaneous and unplanned and not part of a tacit approval for use or a pre-arranged agreement,whether written or verbal.Any type of property is covered except vehicles licensed for use on public roads and any type of aircraft. 4."Declarations"means all pages labeled Declarations,Supplemental Declarations,or Schedules,which pertain to this coverage. 5."Limit" means the amount of coverage that applies. 6."Pollutant" means: a.any solid,liquid,gaseous,thermal,or radioactive irritant or contaminant;including acids,alkalis, chemicals,fumes,smoke,soot,vapor,and waste.Waste includes materials to be disposed of as well as recycled, reclaimed, or reconditioned. b.electrical or magnetic emissions, whether visible or invisible, and sound emissions. 7."Terms" means all provisions, limitations, exclusions, conditions, and definitions that apply. PROPERTY COVERED "We"cover direct physical loss caused by a covered peril to all portable fire fighting,ambulance,medical,rescue and communications equipment that is: 1.not permanently attached to buildings or vehicles, and 2.is owned or leased by "you", if coverage is shown on the "declarations". PROPERTY NOT COVERED 1.Aircraft or Watercraft -"We" do not cover aircraft or watercraft. 2.Automobiles - "We" do not cover automobiles or any other self-propelled vehicle. 3.Buildings and Land -"We"do not cover buildings,except "commandeered property"or land including land on which covered property is located. 4.Contraband "We" do not cover contraband or property in the course of illegal transportation or trade. 5.Money and Securities -"We"do not cover accounts,bills,currency,food stamps,or other evidences of debt, lottery tickets not held for sale, money, notes, or securities. Page 2 of 6 IM 5016 07 09 COVERAGE EXTENSIONS 1.Debris Removal -"We"pay the cost to remove the debris of covered property that is caused by a covered peril.This coverage does not include costs to: a.extract "pollutants" from land or water; or b.remove, restore, or replace polluted land or water. "We"will not pay any more under this coverage than 25%of the amount "we"pay for the direct loss."We" will not pay more for loss to property and debris removal combined than the "limit" for the damaged property. However,"we"pay an additional amount of debris removal expense up to $10,000 when the debris removal expense exceeds 25%of the amount "we"pay for direct loss or when the loss to property and debris removal combined exceeds the "limit" for the damaged property. "We"do not pay any expenses unless they are reported to "us"in writing within 180 days from the date of direct physical loss to covered property. 2.Commandeered Property -"We"cover "commandeered property"including loss of use.Coverage is provided during an emergency response incident plus the reasonable time necessary to return the property. "We"cover this property for its replacement cost value.This coverage is primary and will apply regardless of other insurance coverage that may be available to the owner of the property. The most "we" will pay for loss or damage under this extension is $1,000,000 per occurrence. 3.Personal Effects and Property of Others -"We"cover the personal effects owned by "your"employees, volunteers or members lost or damaged while en route,during and returning from an emergency response incident or training exercise."We"also cover personal property of others in "your"care,custody or control, other than "commandeered property". "We"cover this property for its replacement cost value.This coverage is primary and will apply regardless of other insurance coverage that may be available to the owner of the property. "Our"payment for loss of or damage to personal property of others will only be for the account of the owner of the property. The most "we" will pay for loss or damage under this extension is $100,000 per occurrence. 4.Rental Reimbursement -"We"will pay for the cost to rent portable equipment (similar to the equipment covered by this policy),if "your"portable equipment is temporarily out of service due to a covered cause of loss. "We"will pay the rental cost while "your"portable equipment is being cleaned,disinfected,decontaminated, repaired or replaced. The most "we" will pay under the extension is $15,000 per occurrence. PERILS COVERED "We" cover external risks of direct physical loss unless the loss is limited or caused by a peril that is excluded. PERILS EXCLUDED 1."We"do not pay for loss if one or more of the following exclusions apply to the loss,regardless of other causes or events that contribute to or aggravate the loss,whether such causes or events act to produce the loss before, at the same time as, or after the excluded causes or events. a.Civil Authority -"We"do not pay for loss caused by order of any civil authority;including seizure, confiscation, destruction, or quarantine of property. "We"do pay for loss resulting from acts of destruction by the civil authority to prevent the spread of fire, unless the fire is caused by a peril excluded under this coverage. IM 5016 07 09 Page 3 of 6 b.Nuclear Hazard -"We"do not pay for loss caused by or resulting from a nuclear reaction,nuclear radiation,or radioactive contamination (whether controlled or uncontrolled;whether caused by natural, accidental,or artificial means).Loss caused by nuclear hazard is not considered loss caused by fire, explosion, or smoke."We" do pay for direct loss by fire resulting from the nuclear hazards. c.War - "We" do not pay for loss caused by war. This means: 1)declared war, undeclared war, civil war, insurrection, rebellion, or revolution; 2)a warlike act by a military force or by military personnel; 3)the destruction, seizure, or use of the property for a military purpose; or 4)the discharge of a nuclear weapon even if it is accidental. 2."We" do not pay for loss or damage if one or more of the following exclusions apply to the loss. a.Gradual Deterioration -"We"do not pay for loss caused by gradual deterioration or any quality,fault or weakness in the covered property that causes it to damage or destroy itself. b.Criminal,Fraudulent,or Dishonest Acts -"We"do not pay for loss caused by or resulting from criminal, fraudulent, dishonest, or illegal acts alone or in collusion with another by: 1)"you"; 2)others who have an interest in the property; 3)others to whom "you" entrust the property; 4)"your" partners, officers, directors, trustees, or joint adventurers; or 5)the employees or agents of 1), 2), 3), or 4) above, whether or not they are at work. This exclusion does not apply to acts of destruction by "your"employees,but "we"do not pay for theft by employees. This exclusion does not apply to covered property in the custody of a carrier for hire. c.Loss of Use -"We"do not pay for loss caused by or resulting from loss of use (except "commandeered property"), business interruption, delay, or loss of market. d.Maintenance -"We"do not pay for loss caused by any process to repair,adjust,service or maintain the covered property. e.Missing Property -"We"do not pay for missing property where the only proof of loss is unexplained or mysterious disappearance of covered property,or shortage of property discovered on taking inventory,or any other instance where there is no physical evidence to show what happened to the covered property. This exclusion does not apply to covered property in the custody of a carrier for hire. f.Wear and Tear - "We" do not pay for loss caused by wear and tear. WHAT MUST BE DONE IN CASE OF LOSS 1.Notice - In case of loss, "you" must: a.give "us"or "our"agent prompt notice,including a description of the property involved ("we"may request written notice); and b.give notice to the police when the act that causes the loss is a crime. 2.Protect Property -"You"must take all reasonable steps to protect covered property at and after an insured loss to avoid further loss."We"do pay the reasonable costs incurred by "you"for necessary repairs or emergency measures performed solely to protect covered property from further damage by a peril insured against if a peril insured against has already caused a loss to covered property."You"must keep an accurate record of such costs. Page 4 of 6 IM 5016 07 09 However,"we"do not pay for such repairs or emergency measures performed on property which has not been damaged by a peril insured against.This does not increase "our" "limit". 3.Proof of Loss -"You"must send "us",within 60 days after "our"request,a signed,sworn proof of loss.This must include the following information: a.the time, place, and circumstances of the loss; b.other policies of insurance that may cover the loss; c."your" interest and the interests of all others in the property involved, including all mortgages and liens; d.changes in title of the covered property during the policy period; and e.estimates,specifications,inventories,and other reasonable information that "we"may require to settle the loss. 4.Examination -"You"must submit to examination under oath in matters connected with the loss as often as "we"reasonably request and give "us"sworn statements of the answers.If more than one person is examined,"we"have the right to examine and receive statements separately and not in the presence of others. 5.Records -"You"must produce records,including tax returns and bank microfilms of all cancelled checks relating to value,loss,and expense and permit copies and extracts to be made of them as often as "we" reasonably request. 6.Damaged Property -"You"must exhibit the damaged and undamaged property as often as "we"reasonably request and allow "us" to inspect or take samples of the property. 7.Volunteer Payments -"You"must not,except at "your"own expense,voluntarily make any payments, assume any obligations,pay or offer any rewards,or incur any other expenses except as respects protecting property from further damage. 8.Abandonment - "You" may not abandon the property to "us" without "our" written consent. 9.Cooperation - "You" must cooperate with "us" in performing all acts required by this policy. VALUATION 1.Replacement Cost Value -The value of covered property is based on the replacement cost value at the time of loss. 2.Loss to Parts -The value of a lost or damaged part of an item that consists of several parts when it is complete is based on the value of the complete item or the cost to repair or replace the complete item,if necessary. HOW MUCH WE PAY 1.Insurable Interest -"We" do not cover more than "your" insurable interest in any property. 2.Deductible -"We"pay only that part of "your"loss over the deductible amount indicated on the "declarations" in any one occurrence. a.No deductible applies to the Coverage Extensions in this coverage form. b.If a covered loss under this coverage form also involves a covered loss arising out of the same occurrence under another Commercial Inland Marine Coverage Form,the Commercial Property Policy, or Physical Damage Coverage of the Business Auto Coverage Form,issued to "you"by "us",then only one deductible will apply, the largest. 3.Loss Settlement Terms -Subject to paragraphs 1.,2.,4.,and 5.under How Much We Pay,"we"pay the lesser of: a.the amount determined under Valuation; b.the cost to repair,replace,or rebuild the property with material or like kind and quality to the extent practicable; or IM 5016 07 09 Page 5 of 6 c.the "limit" that applies to the covered property. 4.Insurance Under More Than One Coverage -If more than one coverage of this policy insures the same loss, "we" pay no more than the actual claim, loss, or damage sustained. 5.Insurance Under More Than One Policy -"You"may have another policy subject to the same "terms"as this policy.If "you"do,"we"will pay "our"share of the covered loss."Our"share is the proportion that the applicable "limit" under this policy bears to the "limit" of all policies covering on the same basis. If there is another policy covering the same loss,other than that described above,"we"pay only for the amount of covered loss in excess of the amount due from that other policy,whether "you"can collect on it or not. However, "we" do not pay more than the applicable "limit". LOSS PAYMENT 1.Our Options - "We" have the following options: a.pay the value of the loss; b.pay the cost of repairing or replacing the loss; c.rebuild,repair,or replace with property of like kind and quality,to the extent practicable,within a reasonable time; d.take all or any part of the damaged property at the agreed or appraised value. "We"must give "you"notice of "our"intent to rebuild,repair,or replace within 30 days after receipt of a duly executed proof of loss. 2.Your Losses -"We"adjust all losses with "you".Payment will be made to "you"unless another loss payee is named in the policy.An insured loss will be payable 30 days after a satisfactory proof of loss is received,and the amount of the loss has been established either by written agreement with "you"or the filing of an appraisal award with "us". 3.Property of Others - Losses to property of others may be adjusted with and paid to: a."you" on behalf of the owner; or b.the owner. If "we"pay the owner,"we"do not have to pay "you"."We"may also choose to defend any suits arising from the owners at "our" expense. OTHER CONDITIONS 1.Appraisal -If "you"and "we"do not agree on the amount of the loss or the actual cash value of covered property, either party may demand that these amounts be determined by appraisal. If either makes a written demand for appraisal,each will select a competent,independent appraiser and notify the other of the appraiser's identity within 20 days of receipt of the written demand.The two appraisers will then select a competent,impartial umpire.If the two appraisers are unable to agree upon an umpire within 15 days,"you"or "we"can ask a judge of a court of record in the state where the property is located to select an umpire. The appraisers will then determine and state separately the amount of each loss. The appraisers will also determine the value of covered property items at the time of the loss, if requested. If the appraisers submit a written report of any agreement to "us",the amount agreed upon will be the amount of the loss.If the appraisers fail to agree within a reasonable time,they will submit only their differences to the umpire.Written agreement so itemized and signed by any two of these three sets the amount of the loss. Each appraiser will be paid by the party selecting that appraiser.Other expenses of the appraisal and the compensation of the umpire will be paid equally by "you" and "us". Page 6 of 6 IM 5016 07 09 2.Benefits to Others -Insurance under this coverage shall not directly or indirectly benefit anyone having custody of "your" property. 3.Conformity With Statute -When a condition of this coverage is in conflict with an applicable law,that condition is amended to conform to that law. 4.Estates -This provision applies only if the insured is an individual. On "your" death, "we" cover the following as an insured: a.the person who has custody of "your" property until a legal representative is qualified and appointed; or b."your" legal representative. This person or organization is an insured only with respect to property covered by this coverage. This coverage does not extend past the policy period indicated on the "declarations". 5.Misrepresentation,Concealment,or Fraud -This coverage is void as to "you"and any other insured if, before or after a loss: a."you" or any other insured have willfully concealed or misrepresented: 1)a material fact or circumstance that relates to this insurance or the subject thereof; or 2)"your" interest herein; or b.there has been fraud or false swearing by "you"or any other insured with regard to a matter that relates to this insurance or the subject thereof. 6.Policy Period - "We" pay for a covered loss that occurs during the policy period. 7.Recoveries -If "we"pay "you"for the loss and lost or damaged property is recovered,or payment is made by those responsible for the loss, the following provisions apply: a."you" must notify "us" promptly if "you" recover property or receive payment; b."we" must notify "you" promptly if "we" recover property or receive payment; c.any recovery expenses incurred by either are reimbursed first; d."you"may keep the recovered property but "you"must refund to "us"the amount of the claims paid,or any lesser amount to which "we" agree; and e.if the claim paid is less than the agreed loss due to a deductible or other limiting "terms"of this policy, any recovery will be prorated between "you" and "us" based on "our" respective interest in the loss. 8.Restoration of Limits - A loss "we" pay under this coverage does not reduce the applicable "limits". 9.Subrogation -If "we"pay for a loss,"we"may require "you"to assign to "us""your"right of recovery against others."You"must do all that is necessary to secure "our"rights."We"do not pay for a loss if "you"impair this right to recover. "You" may waive "your" right to recover from others in writing before a loss occurs. 10.Suit Against Us - No one may bring a legal action against "us" under this coverage unless: a.all of the "terms" of this coverage have been complied with; and b.the suit has been brought within two years after "you" first have knowledge of the loss. If any applicable law makes this limitation invalid,then suit must begin within the shortest period permitted by law. 11.Territorial Limits -"We"cover property while it is in the United States of America,its territories and possessions, Canada, and Puerto Rico.