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HomeMy WebLinkAboutHarmony at Arlington - COI Client#: 182229 BYKCONST DATE(MM/DD/YYYY) ACORD.. CERTIFICATE OF LIABILITY INSURANCE 1 6/03/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Tabitha Lee NAME: Propel Insurance PHONE 800 499-0933 FAX 866 577-1326 A/C,No,Ext: A/C,No 1201 Pacific Avenue; Suite 1000 E-MAIL ADDRESS: tabitha.lee@propelinsurance.com p COM Construction INSURER(S)AFFORDING COVERAGE NAIC# Tacoma,WA 98402-4321 INSURER A:GuideOne National Insurance Company 14167 INSURED INSURER B:CM Vantage Specialty Insurance Company 15872 BYK Construction, Inc. INSURER C Western National Mutual Insurance Co. 15377 PO Box 619 INSURER D: Sedro Woolley,WA 98284 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LT R TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY DCS000056400 1/29/2025 01/29/2026 EACH OCCURRENCE $1,000,000 CLAIMS-MADE �X OCCUR PREMISES ERENTED . r nce $100,000 X BI/PD Ded: 5,000 MED EXP(Any one person) $10,000 X COndo/TH Ded: 15,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY XI JECT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ C AUTOMOBILE LIABILITY CPP1361703 1/29/2025 01/29/202 CMINED Ea acciden SINGLE LIMIT $1,000,000 ANY AUTO BODILY INJURY(Per person) $ OWNED X SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ X HA Comp$500 X HA Coll$1000 $ B UMBRELLA LIAB X OCCUR CMVEXL004555302 1/29/2025 01/29/2026 EACH OCCURRENCE s3,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE s3,000,000 DED RETENTION$ $ A WORKERS COMPENSATION DCS000056400 1/29/2025 01129/2026 PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N WA Stop Gap E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Leased/Rented CPP1363618 1/29/2025 01129/2026 $150,000 Ded: $500 Equipment DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Harmony at Arlington Additional Insured Status applies per attached form(s). City of Arlington is included as additional insured as per written contract as set forth in attached forms. CERTIFICATE HOLDER CANCELLATION City of Arlington SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 18204 59th Ave NE#B ACCORDANCE WITH THE POLICY PROVISIONS. Arlington,WA 98223 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S7366853/M7141326 TET00 This page has been left blank intentionally. COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: DCS0000564-00 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations Any Location As required by written contract. If anyone, other than the Additional Insured, provides similar insurance for the Additional Insured, then this insurance will apply as outlined in SECTION IV — COMMERCIAL LIABILITY CONDITIONS, paragraph 4. Other Insurance, subparagraph c. Method of Sharing. The inclusion of one or more Insured(s) under the terms of this endorsement does not increase our limits of liability. All other terms and conditions remain unchanged. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to 2. If coverage provided to the additional insured is include as an additional insured the person(s) or required by a contract or agreement, the organization(s) shown in the Schedule, but only insurance afforded to such additional insured with respect to liability for "bodily injury", "property will not be broader than that which you are damage" or "personal and advertising injury" required by the contract or agreement to caused, in whole or in part, by: provide for such additional insured. 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and CG 20 10 04 13 © ISO Properties, Inc., 2004 Page 1 of 2 POLICY NUMBER: 563001060-00 B. With respect to the insurance afforded to these 2.Available under the applicable Limits of Insurance additional insureds, the following additional shown in the Declarations; whichever is less. exclusions apply: This endorsement shall not increase the This insurance does not apply to "bodily injury" or applicable Limits of Insurance shown in the "property damage" occurring after: Declarations. 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III— Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or CG 20 10 04 13 © ISO Properties, Inc., 2004 Page 2 of 2 POLICY NUMBER: DCS0000564-00 COMMERCIAL GENERAL LIABILITY CG 20 11 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designation Of Premises (Part Leased To You): All premises as required by written contract. Name Of Person(s) Or Organization(s) (Additional Insured): As required by written contract. Additional Premium: $ Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to 2. If coverage provided to the additional insured include as an additional insured the person(s) or is required by a contract or agreement, the organization(s) shown in the Schedule, but only insurance afforded to such additional insured with respect to liability arising out of the will not be broader than that which you are ownership, maintenance or use of that part of the required by the contract or agreement to premises leased to you and shown in the provide for such additional insured. Schedule and subject to the following additional B. With respect to the insurance afforded to these exclusions: additional insureds, the following is added to This insurance does not apply to: Section III— Limits Of Insurance: 1. Any 'occurrence" which takes place after you If coverage provided to the additional insured is cease to be a tenant in that premises. required by a contract or agreement, the most we 2. Structural alterations, new construction or will pay on behalf of the additional insured is the demolition operations performed by or on amount of insurance: behalf of the person(s) or organization(s) 1. Required by the contract or agreement; or shown in the Schedule. 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the by law; and applicable Limits of Insurance shown in the Declarations. CG 20 11 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: DCS0000564-00 COMMERCIAL GENERAL LIABILITY CG 20 12 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: As required by written contract and/or issued and valid permit(s). The inclusion of one or more Insured(s) under the terms of this endorsement does not increase our limits of liability. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to a. "Bodily injury", "property damage"or include as an additional insured any state or "personal and advertising injury" arising governmental agency or subdivision or political out of operations performed for the subdivision shown in the Schedule, subject to federal government, state or the following provisions: municipality; or 1. This insurance applies only with respect to b. "Bodily injury" or"property damage" operations performed by you or on your included within the "products-completed behalf for which the state or governmental operations hazard". agency or subdivision or political subdivision B. With respect to the insurance afforded to these has issued a permit or authorization. additional insureds, the following is added to However: Section III -Limits Of Insurance: a. The insurance afforded to such If coverage provided to the additional insured is additional insured only applies to the required by a contract or agreement, the most extent permitted by law; and we will pay on behalf of the additional insured is b. If coverage provided to the additional the amount of insurance: insured is required by a contract or 1. Required by the contract or agreement; or agreement, the insurance afforded to 2. Available under the applicable Limits of such additional insured will not be Insurance shown in the Declarations; broader than that which you are whichever is less. required by the contract or agreement to This endorsement shall not increase the applicable provide for such additional insured. Limits of Insurance shown in the Declarations. 2. This insurance does not apply to: CG 20 12 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: DCS0000564-00 COMMERCIAL GENERAL LIABILITY CG 20 18 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MORTGAGEE, ASSIGNEE OR RECEIVER This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Person(s) Or Organization(s) Designation Of Premises As Required by Written Contract As Required by Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to C. With respect to the insurance afforded to these include as an additional insured the person(s)or additional insureds, the following is added to organization(s)shown in the Schedule, but only Section III -Limits Of Insurance: with respect to their liability as mortgagee, If coverage provided to the additional insured is assignee, or receiver and arising out of the required by a contract or agreement, the most ownership, maintenance, or use of the premises we will pay on behalf of the additional insured is by you and shown in the Schedule. the amount of insurance: However: 1. Required by the contract or agreement; or 1. The insurance afforded to such additional 2. Available under the applicable Limits of insured only applies to the extent permitted Insurance shown in the Declarations; by law; and whichever is less. 2. If coverage provided to the additional This endorsement shall not increase the applicable insured is required by a contract or Limits of Insurance shown in the Declarations. agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. CG 20 18 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: DCS0000564-00 COMMERCIAL GENERAL LIABILITY CG 20 28 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): If required by written contract or agreement. If anyone, other than the Named Insured, provides similar insurance for the Additional Insured, then this insurance will apply as outlined in SECTION IV— COMMERICAL LIABILITY CONDITIONS, paragraph 4. Other Insurance, subparagraph c. Method of Sharing. The inclusion of one or more Insured(s) under the terms of this endorsement does not increase our limits of liability. All other terms and conditions remain unchanged. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s)or additional insureds, this insurance does not organization(s)shown in the Schedule, but only apply to any"occurrence"which takes place with respect to liability for"bodily injury", after the equipment lease expires. "property damage" or"personal and advertising C. With respect to the insurance afforded to these injury" caused, in whole or in part, by your additional insureds, the following is added to maintenance, operation or use of equipment Section III -Limits Of Insurance: leased to you by such person(s) or If coverage provided to the additional insured is organization(s). required by a contract or agreement, the most However: we will pay on behalf of the additional insured is 1. The insurance afforded to such additional the amount of insurance: insured only applies to the extent permitted 1. Required by the contract or agreement; or by law; and 2. Available under the applicable Limits of 2. If coverage provided to the additional Insurance shown in the Declarations; insured is required by a contract or whichever is less. agreement, the insurance afforded to such This endorsement shall not increase the applicable additional insured will not be broader than Limits of Insurance shown in the Declarations. that which you are required by the contract or agreement to provide for such additional insured. CG 20 28 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: DCS0000564-00 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations All locations. As required by written contract. If anyone, other than the Additional Insured, provides similar insurance for the Additional Insured, then this insurance will apply as outlined in SECTION IV — COMMERCIAL LIABILITY CONDITIONS, paragraph 4. Other Insurance, subparagraph c. Method of Sharing. The inclusion of one or more Insured(s) under the terms of this endorsement does not increase our limits of liability. All other terms and conditions remain unchanged. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to 2. If coverage provided to the additional insured is include as an additional insured the person(s) or required by a contract or agreement, the organization(s) shown in the Schedule, but only insurance afforded to such additional insured will with respect to liability for "bodily injury" or not be broader than that which you are required "property damage" caused, in whole or in part, by by the contract or agreement to provide for such "your work" at the location designated and additional insured. described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III—Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © ISO Properties, Inc., 2004 CG 20 37 04 13 ❑ POLICY NUMBER: DCS0000564-00 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: As Required By Written Contract Information required to complete the Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or"your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 13 POLICY NUMBER: DCS0000564-00 COMMERCIAL GENERAL LIABILITY CG 25 03 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: As Required by Written Contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally 4. The limits shown in the Declarations for Each obligated to pay as damages caused by Occurrence, Fire Damage and Medical "occurrences" under COVERAGE A (SECTION Expense continue to apply. However, instead 1), and for all medical expenses caused by of being subject to the General Aggregate accidents under COVERAGE C (SECTION 1), Limit shown in the Declarations, such limits which can be attributed only to ongoing will be subject to the applicable Designated operations at a single designated construction Construction Project General Aggregate Limit. project shown in the Schedule above: B. For all sums which the insured becomes legally 1. A separate Designated Construction Project obligated to pay as damages caused by General Aggregate Limit applies to each "occurrences" under COVERAGE A (SECTION designated construction project, and that limit 1), and for all medical expenses caused by is equal to the amount of the General accidents under COVERAGE C (SECTION 1), Aggregate Limit shown in the Declarations. which cannot be attributed only to ongoing 2. The Designated Construction Project General operations at a single designated construction Aggregate Limit is the most we will pay for the project shown in the Schedule above: sum of all damages under COVERAGE A, 1. Any payments made under COVERAGE A for except damages because of "bodily injury" or damages or under COVERAGE C for medical "property damage" included in the "products- expenses shall reduce the amount available completed operations hazard", and for under the General Aggregate Limit or the medical expenses under COVERAGE C Products-Completed Operations Aggregate regardless of the number of: Limit, whichever is applicable;and a. Insureds; 2. Such payments shall not reduce any b. Claims made or"suits" brought; or Designated Construction Project General c. Persons or organizations making claims or Aggregate Limit. bringing "suits". C. When coverage for liability arising out of the "products-completed operations hazard" is 3. Any payments made under COVERAGE A for provided, any payments for damages because of damages or under COVERAGE C for medical "bodily injury" or "property damage" included in expenses shall reduce the Designated the "products-completed operations hazard" will Construction Project General Aggregate Limit reduce the Products-Completed Operations for that designated construction project. Such Aggregate Limit, and not reduce the General payments shall not reduce the General Aggregate Limit nor the Designated Construction Aggregate Limit shown in the Declarations nor Project General Aggregate Limit. shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. CG 25 03 03 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 2 ❑ D. If the applicable designated construction project E. The provisions of Limits Of Insurance (SECTION has been abandoned, delayed, or abandoned III) not otherwise modified by this endorsement and then restarted, or if the authorized shall continue to apply as stipulated. contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. Page 2 of 2 Copyright, Insurance Services Office, Inc., 1996 CG 25 03 03 97 ❑ WN CA 80 06 19 BUSINESS AUTO ENHANCEMENT EDGE ENDORSEMENT The Business Auto Enhancement Edge Endorsement is an optional endorsement that provides coverage enhancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is provided by this summary, refer to the following endorsement for changes in your policy. SUMMARY OF COVERAGES PAGE Accidental Airbag Deployment Coverage 5 Audio, Visual and Data Electronic Equipment— Limit Amended 5 Auto Loan/Lease Gap Coverage 5 Blanket Additional Insured 3 Blanket Waiver of Subrogation 5 Broadened Definition of Insured includes: • Newly Acquired Organizations for up to 180 Days 2 • Employees as Insureds 2 • Subsidiaries in Which You Own 50% or More 2 Deductible Waiver for Glass Repair 4 Employee Hired Auto 6 Fellow Employee Coverage 3 Hired Auto Physical Damage Coverage 3, 6 Knowledge of Accident, Claim, Suit or Loss 5 Loss Of Use Expenses -Amended 3 Personal Effects 3 Primary and Noncontributory If Required by a Written Contract or Written Agreement 6 Rental Reimbursement Coverage 4 Supplementary Payments-Amended: • Bail Bonds up to $5,000 3 • Loss of Earnings up to $500/Day 3 Temporary Substitute Vehicle Physical Damage 2 Towing 3 Transportation Expense Limits—Amended 3 Unintentional Failure to Disclose Hazards 6 WN CA 80 06 19 Page 1 of 6 Includes copyrighted material of Insurance Services Office,with its permission. WN CA 80 06 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENHANCEMENT EDGE ENDORSEMENT This endorsement modifies the insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Business Auto Coverage Form identified in this endorsement will be amended as shown below. SECTION I — COVERED AUTOS COVERAGE e. Any organization which is newly acquired or AMENDMENTS formed by you and over which you maintain A. Temporary Substitute Vehicle Physical Damage majority ownership. However, coverage under SECTION I — COVERED AUTOS, C. Certain this provision: Trailers, Mobile Equipment And Temporary (1) is afforded only for the first 180 days after you Substitute Autos is amended by adding the acquire or form the organization or until the following: end of the policy period, whichever comes If a covered "auto"you own is out of service because first; of its: (2) does not apply to "bodily injury" or "property a. Breakdown; damage" that results from an "accident" that b. Repair; occurred before you formed or acquired the organization; c. Servicing; (3) does not apply to any newly acquired or d. "Loss", or formed organization that is a joint venture or e. Destruction; partnership; and the Physical Damage Coverages provided by the (4) does not apply to an "insured" under any Business Auto Coverage Form for that disabled other automobile liability policy or would be covered "auto" are extended to any"auto" you do not an "insured" under such a policy but for ter- own while used with the permission of its owner as a mination of such policy or the exhaustion of temporary substitute for the covered "auto"that is out such policy's limits of insurance. of service. f. Any "employee" of yours is an "insured" while SECTION II — COVERED AUTOS LIABILITY using a covered "auto" you don't own, hire or COVERAGE AMENDMENTS borrow in your business or your personal affairs. A. Who Is An Insured g. Any "employee" of yours is an "insured" while operating a covered "auto" hired or rented under SECTION II — COVERED AUTOS LIABILITY a contract or agreement in the "employee's" COVERAGE, A. Coverage, 1. Who Is An Insured is name, with your permission, while performing amended to add: duties related to the conduct of your business. d. Any legally incorporated subsidiary of yours in which you own more than 50%of the voting stock on the effective date of this coverage form. However, "insured" does not include any subsidiary of yours that is an "insured" under any other automobile liability policy or would be an "insured" under such policy but for termination of such policy or the exhaustion on such policy's limits of insurance. WN CA 80 06 19 Includes copyrighted material of Insurance Services Office,with its permission Page 2 of 6 B. Blanket Additional Insured SECTION III — PHYSICAL DAMAGE COVERAGE SECTION II — COVERED AUTOS LIABILITY AMENDMENTS COVERAGE, A. Coverage, 1. Who Is An Insured, A. Towing paragraph c. is amended to add the following: SECTION III — PHYSICAL DAMAGE COVERAGE, Any person or organization who is required under a A. Coverage, 2. Towing, is amended by adding the written contract or agreement between you and that following: person or organization, that is signed and executed 2. Towing by you before the"bodily injury"or"property damage" We will pay up to $250 for towing and labor costs occurs and that is in effect during the policy period, to incurred each time a covered "auto" is disabled. be named as an additional insured is an "insured"for However, the labor must be performed at the Liability Coverage, but only for damages to which this place of disablement. This $250 limit is reduced insurance applies and only to the extent that persons by any applicable towing limit shown in the or organization qualifies as an "insured" under the declarations. Who Is An Insured provision contained in Section II. Regardless of the number of disablements, the C. Liability Coverage Extensions — Supplementary maximum amount we will pay under this Payments endorsement for all towing and labor costs SECTION II — COVERED AUTOS LIABILITY combined during any one year is $2,500. COVERAGE, A. Coverage, 2. Coverage B. Transportation Expense— Limits Amended Extensions, a. Supplementary Payments is SECTION III — PHYSICAL DAMAGE COVERAGE, amended by replacing subparagraphs(2)and(4)with the following: A. Coverage, 4. Coverage Extensions, a. Trans- portation Expenses is amended by replacing $20 (2) Up to $5,000 for cost of bail bonds (including per day/$600 maximum limit with $50 per day/$1,000 bonds for related traffic law violations) required maximum. because of an "accident" we cover. We do not have to furnish these bonds. C. Hired Auto Physical Damage — Loss Of Use (4) All reasonable expenses incurred by the"insured" Expenses—Limits Amended at our request, including actual loss of earnings SECTION III — PHYSICAL DAMAGE COVERAGE, up to $500 a day because of time off from work. A. Coverage, 4. Coverage Extensions, b. Loss of Use Expenses is amended by replacing the $20 per D. Fellow Employee Coverage day/$600 maximum limit with $50 per day/$750 SECTION II — COVERED AUTOS LIABILITY maximum limit. COVERAGE, B. Exclusions, 5. Fellow Employee, the following is added: D. Personal Effects Coverage SECTION III — PHYSICAL DAMAGE COVERAGE, Co-Employee Lawsuit Defense Cost A. Coverage, 4. Coverage Extensions is amended Reimbursement by adding the following: If a suit seeking damages for "bodily injury" to any c. Personal Effects fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment We will pay up to $500 for "loss" to personal or while performing duties related to the conduct of effects, which are: your business, or a suit seeking damages brought by (1) Owned by an "insured"; and the spouse, child, parent, brother or sister of that (2) In or on your covered "auto." fellow "employee", is brought against you, we will This coverage applies only in the event of the total reimburse reasonable costs that you incur in the theft of your covered "auto." No deductible applies to defense of such matters. Any reimbursement made this coverage pursuant to this sub-section will be in addition to the limits of liability set forth in the Declarations. WN CA 80 06 19 Includes copyrighted material of Insurance Services Office,with its permission Page 3 of 6 E. Glass Repair—Deductible Waiver G. Rental Reimbursement SECTION III — PHYSICAL DAMAGE COVERAGE, SECTION III—PHYSICAL DAMAGE COVERAGE A. A. Coverage, 3. Glass Breakage — Hitting A Bird Coverage, is amended by adding the following: Or Animal — Falling Objects Or Missiles, is 6. Rental Reimbursement amended by adding the following: This coverage applies only to a covered "auto" of No deductible will apply to glass breakage if such the private passenger or light truck type as glass is repaired, in a manner acceptable to us, rather follows: than replaced. a. We will pay for rental reimbursement F. Hired Auto Physical Damage expenses incurred by you for the rental of a SECTION III — PHYSICAL DAMAGE COVERAGE, private passenger or light truck type "auto" A. Coverage is amended by adding the following: because of "loss" to a covered private pas- 5. Hired Auto Physical Damage senger or light truck type "auto". Payment applies in addition to the otherwise applicable If hired "autos" are covered "autos" for Liability amount of each coverage you have on a Coverage and if Comprehensive, Specified covered private passenger or light truck type Causes of Loss, or Collision coverages are pro- "auto." No deductibles apply to this vided under this coverage form for any"auto"you coverage. own, then the Physical Damage Coverages b. We will pay only for those expenses incurred provided are extended to "autos" you hire of like during the policy period beginning 24 hours kind and use, subject to the following: after the "loss" and ending, regardless of the a. The most we will pay for any one "loss" is policy's expiration, with the lesser of the fol- $50,000 or the actual cash value or cost to lowing number of days: repair or replace, whichever is less, minus a (1) The number of days reasonably required deductible; to repair or replace the covered private b. The deductible will be equal to the largest passenger or light truck type "auto". If deductible applicable to any owned "auto"for "loss" is caused by theft, this number of that coverage. Any Comprehensive deducti- days is added to the number of days it ble does not apply to "loss" caused by fire or takes to locate the covered private lightening; passenger or light truck type "auto" and c. Hired Auto Physical Damage coverage is return it to you; or excess over any other collectible insurance; (2) 30 days. and c. Our payment is limited to the lesser of the d. Subject to the above limit, deductible and following amounts: excess provisions we will provide coverage (1) Necessary and actual expenses equal to the broadest coverage applicable to incurred, or any covered "auto" you own. If a limit for Hired Auto Physical Damage is (2) $50 per day, up to a maximum of$1,000. indicated in the Declarations, then that limit replaces, and is not added to, the $50,000 limit indicated above. WN CA 80 06 19 Includes copyrighted material of Insurance Services Office,with its permission Page 4 of 6 d. This coverage does not apply while there are (2) Financial penalties imposed under a spare or reserve private passenger or light lease for excessive use, abnormal wear truck type "autos" available to you for your and tear or high mileage; operations. (3) Security deposits not returned by the e. If "loss" results from the total theft of a lessor; covered "auto" of the private passenger or (4) Costs for extended warranties, Credit light truck type, we will pay under this cover- Life Insurance, Health, Accident or age only that amount of your rental reim- Disability Insurance purchased with the bursement expenses which is not already provided for under SECTION III—PHYSICAL loan or lease; and DAMAGE COVERAGE, A. Coverage, 4. (5) Carry-over balances from previous loans Coverage Extensions. or leases. For the purposes of this Rental Reimbursement J. Audio, Visual and Data Electronic Equipment — coverage, light truck is defined as a truck with a Limit Amended gross vehicle weight of 10,000 lbs. or less as SECTION III-PHYSICAL DAMAGE COVERAGE,C. defined by the manufacturer as the maximum Limits of Insurance, 1.b. is amended by replacing loaded weight the auto is designed to carry. the $1,000 limit with a $2,500 limit. H. Accidental Airbag Deployment Coverage SECTION III — PHYSICAL DAMAGE COVERAGE, SECTION IV — BUSINESS AUTO CONDITIONS A. Coverage is amended by adding the following: AMENDMENTS 7. Accidental Airbag Deployment Coverage A. Duties In The Event Of Accident, Claim, Suit Or We will pay to reset or replace factory installed Loss Amended airbag(s) in any covered "auto" for accidental SECTION IV— BUSINESS AUTO CONDITIONS, A. discharge, other than discharge due to a collision Loss Conditions, 2. Duties In The Event Of loss. Accident, Claim, Suit Or Loss, a. is amended by This coverage is applicable only if comprehensive adding the following: coverage applies to the covered "auto". This condition applies only when the "accident" or This coverage is excess over any other collectible "loss" is known to: insurance or reimbursement by manufacturer's (1) You, if you are an individual; warranty. (2) A partner, if you are a partnership; I. Auto Loan/Lease Gap Coverage (3) An executive officer or insurance manager, if you SECTION III PHYSICAL DAMAGE COVERAGE, are a corporation; or Item A., Coverage, is amended by adding the (4) A member or manager, if you are a limited liability following: company. 8. Auto Loan/Lease Gap Coverage But this section does not amend the provisions This coverage applies only to a covered "auto" relating to notification of police, protection or exami- described or designated in the Schedule or in the nation of the property which was subject to the"loss". Declarations as including physical damage B. Blanket Waiver of Subrogation coverage. In the event of a covered total "loss"to a covered Section IV — BUSINESS AUTO CONDITIONS, A. "auto"described or designated in the Schedule or Loss Conditions, 5. Transfer of Rights of in the Declarations, we will pay any unpaid Recovery Against Others to Us, is amended by amount due on the lease or loan for a covered adding the following exception: "auto" less: However, we waive any right of recovery we may a. The amount paid under the Physical Damage have against any person or organization to the extent Coverage Section on the policy; and required of you by a written contract signed and executed prior to any "accident" or "loss", provided b. Any: that the "accident" or "loss" arises out of operations (1) Overdue lease/loan payments at the time contemplated by such contract. The waiver applies of the "loss"; only to the person or organization designated in such contract. WN CA 80 06 19 Includes copyrighted material of Insurance Services Office,with its permission Page 5 of 6 C. Unintentional Failure to Disclose Hazards E. Primary and Noncontributory If Required By SECTION IV— BUSINESS AUTO CONDITIONS, B. Written Contract or Written Agreement General Conditions, 2. Concealment, Misrepre- SECTION IV— BUSINESS AUTO CONDITIONS, B. sentation Or Fraud, is amended by adding the General Conditions, 5. Other Insurance c., the following paragraph: following is added and supersedes any provision to If you unintentionally fail to disclose any hazards the contrary: existing at the inception date of the policy, or during This Coverage Form's Covered Autos Liability the policy period in connection with any additional Coverage is primary to and will not seek contribution hazards, we will not deny coverage under this Cov- from any other insurance available to an "insured" erage Part because of such failure. under your policy provided that: D. Employee Hired Auto (1) Such "insured" is a Named Insured under such SECTION IV— BUSINESS AUTO CONDITIONS, B. other insurance; and General Conditions, 5.Other Insurance, paragraph (2) You have agreed in writing in a contract or b. is deleted and replace by the following: agreement that this insurance would be primary b. For Hired Auto Physical Damage Coverage, the and would not seek contribution from any other following are deemed to be a covered "auto" you insurance available to such "insured". own: (1) Any covered "auto" you lease, hire, rent or borrow. (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any"auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". WN CA 80 06 19 Includes copyrighted material of Insurance Services Office,with its permission Page 6 of 6 EXCESS LIABILITY COVERAGE FORM Each section in this Coverage Form may contain exclusions, limitations or restrictions of coverage. Please read the entire Coverage Form carefully to determine rights, duties and what is and is not covered. Throughout this Coverage Form the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance. The word "insured" means any person or organization qualifying as such under the "controlling underlying insurance". Other words and phrases that appear in quotation marks have special meaning. Please refer to Section IV - DEFINITIONS. SECTION I - COVERAGE A. Insuring Agreement If the event that triggers coverage in "controlling underlying insurance" happens after the effective date of this insurance we will pay on behalf of an insured the "loss" that an insured becomes legally obligated to pay as damages in excess of the "underlying limits of insurance" and covered by that "underlying insurance" and this insurance. The terms, including conditions, definitions, limitations and exclusions of the "controlling underlying insurance" apply unless: 1. More restrictive terms are provided in any "underlying insurance" that is excess over the "controlling underlying insurance" and not excess of this insurance, in which case such more restrictive term shall apply; or 2. Terms in any "controlling underlying insurance" or "underlying insurance" conflict or are inconsistent with the provisions of our policy; in which case the terms of our policy will apply. If "underlying insurance" does not provide coverage for "loss", then we will not provide coverage for such "loss". If the "controlling underlying insurance" applies on a claims made basis and includes an offer of an extended reporting period then this insurance will also offer an extended reporting period on the same terms and conditions, except any additional premium due will be calculated using our rules and the premiums of EXL 10 00 06 16 Page 1 of 9 Copyright 2016, CM Vantage Specialty Insurance Company this policy and there is no separate or additional Limit of Insurance for the extended reporting period. The amount we pay for damages is limited as described in Section II — LIMITS OF INSURANCE. B. Defense and Supplementary Payments 1. We have no duty to defend an insured against any claim or "suit" seeking any damages for which this insurance does not apply. 2. We will not be obligated to investigate, settle or defend any claim or "suit" against you. However, we will have the right at our discretion, but not the duty, to participate in the investigation, settlement or defense of any claim or "suit" that, in our opinion, may involve payment under this insurance. 3. We will pay with respect to any claim or "suit" we defend, to the extent not covered by any "underlying insurance" and in proportion that any payments under this insurance has to the total amount paid for any claim or "suit": a. All expenses we incur; b. All costs taxed against an insured; C. Pre-judgment interest awarded against an 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 pre-judgment interest based on that period of time after the offer; d. All interest on the full amount of any judgment that occurs 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. 4. Costs of Defense and Supplementary Payments will not reduce the Limits of Insurance of this Coverage Form unless the limits of insurance provided by the "underlying insurance" are reduced by such defense and expense payments, in which case these payments are included within and will reduce the Limits of Insurance of this insurance. 5. If defense is transferred to us due to limits of "underlying insurance", other than aggregate limits, being exhausted due to the payment of claims, or if we transfer defense to another insurer specifically written as excess over this insurance or to an insured or their designated representative, we will cooperate in the transfer of control of defense. EXL 10 00 06 16 Page 2 of 9 Copyright 2016, CM Vantage Specialty Insurance Company 6. All obligations for Defense and Supplementary Payments end when we have used up our applicable Limits of Insurance. C. Exclusions Unless otherwise stated in the Declarations, this insurance does not apply to, nor shall we have a duty to investigate, evaluate, analyze or defend any claim or "suit" arising out of or resulting from: 1. Exclusions and Sub-Limits Within Underlying Insurance a. Anything excluded by "underlying insurance"; or b. Any coverage that is provided in any "underlying insurance" with a limit that is included within, and lower than, an "underlying limit of insurance", or any coverage that is provided in any "underlying insurance" with a separate limit that is lower than an "underlying limit of insurance", commonly referred to as sub-limits. 2. Pollution Any actual, alleged or threatened presence, discharge, dispersal, seepage, migration, release or escape of, or exposure to Pollutants unless insurance is provided by "underlying insurance", but for no broader coverage than is provided by that "underlying insurance". Unless a more restrictive description is provided in any "underlying insurance" in which case such more restrictive description shall apply, Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials that are or are intended to be recycled, reconditioned or reclaimed. SECTION II - LIMITS OF INSURANCE A. The Limits of Insurance shown in the Declarations page and the rules below fix the most we will pay regardless of the number of: 1. Insureds; 2. Claims made or "suit"s brought; or 3. Persons or organizations making claims or bringing "suit"s. EXL 10 00 06 16 Page 3 of 9 Copyright 2016, CM Vantage Specialty Insurance Company B. The Limits of Insurance apply only in excess of the "underlying limits of insurance" listed in the Schedule of Underlying Insurance. C. The Aggregate Limit is the most we will pay for all damages covered under the policy. D. The Each Occurrence Limit is the most we will pay for any one "loss". The Aggregate Limit applies 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 Aggregate Limit. SECTION III - COMMERCIAL EXCESS POLICY CONDITIONS Unless otherwise stated in the Declarations, the following Conditions apply. A. Appeals. 1. If the insured or any provider of "underlying insurance" elects not to appeal a judgment that exceeds the "underlying limits of insurance," at our discretion we may do so. 2. If we do, we will pay all costs of the appeal. In no event shall this provision increase our liability beyond the applicable Limit of Insurance described in Section II of this Coverage Form. B. Duties in the Event of Occurrence, Offense, Claim or "Suit". 1. You must see to it that we are notified as soon as practicable of an occurrence or offense that may result in a claim under this Coverage Form. To the extent possible, notice should include: a. How, when and where the occurrence or offense took place; b. The names and addresses of any injured persons and witnesses, and any person or organizations who may make claims; and C. The nature and location of any injury or damage arising out of the occurrence or offense. EXL 10 00 06 16 Page 4 of 9 Copyright 2016, CM Vantage Specialty Insurance Company 2. If a claim or "suit" against any insured that may reasonably involve coverage provided by this Coverage Form, you must see to it that we receive written notice as soon as practicable. 3. You and any other involved insured must: a. Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; b. Authorize us to obtain records and other information; C. Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and d. Assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply. 4. As respects insurance provided by this Coverage Form, 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. C. Duties in Regard to Payment of Premium and a Copy of Underlying Insurance Each Named Insured is jointly and severally liable for the payment of premiums due us for this insurance. The first Named Insured in the Declarations is responsible to provide us with a copy of any "controlling underlying insurance" and any subsequently issued endorsements that may affect it as soon as reasonable. D. Financial Impairment Bankruptcy, insolvency, rehabilitation, receivership, liquidation, or other financial impairment of the insured, the insured's estate, or an insurer listed in the Schedule of Underlying Insurance will not relieve us of our obligations under this insurance, but in no event will such bankruptcy, insolvency, rehabilitation, receivership, liquidation, or other financial impairment require us to provide coverage or assume any obligation of any "underlying insurance". E. Legal Action Against Us. No person or organization has a right under this Coverage Form: EXL 10 00 06 16 Page 5 of 9 Copyright 2016, CM Vantage Specialty Insurance Company 1. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or 2. To sue us unless all of the terms of this insurance have been fully complied with. F. Maintenance of Underlying Insurance You agree to effect and maintain the "underlying insurance" shown in the Schedule of Underlying Insurance, or renewal or replacement policies not more restrictive in their terms and conditions, in full force and effect during the policy period of this insurance. The limits of "underlying insurance" must be in effect and maintained without reduction other than by payment of losses covered thereunder. In no event will this insurance apply in excess of any "underlying limits of insurance" that are reduced or exhausted due to the application of any aggregate limit of insurance. You must inform us within 30 days of any cancellation of any policy of"underlying insurance" or replacement of the insurer of any policy of"underlying insurance". You must notify us in writing as soon as practicable of exhaustion of any "underlying insurance" aggregate limits. You must also inform us within 30 days of any cancellation of any policy of "underlying insurance", or replacement of the insurer of any policy of "underlying insurance". You must give us a written notice of any change in the "underlying insurance" as respects: 1. Coverage; 2. Limits of insurance; 3. Termination of any coverage; or 4. Exhaustion of aggregate limits. Your failure to comply with the foregoing shall not invalidate this insurance, but in the event of such failure, we shall be liable only to the extent that we would have been liable had you complied with these obligations. G. Other Insurance. 1. If other insurance is available to an insured for loss covered under this Coverage Form, this insurance will apply as excess over any other insurance, including self-insured retentions, or insurance deductibles. EXL 10 00 06 16 Page 6 of 9 Copyright 2016, CM Vantage Specialty Insurance Company This provision does not apply to a policy specifically written to apply in excess of this insurance and which specifically references this insurance. 2. We will have no duty to defend any claim or "suit" that any other insurer has a duty to defend. If no other insurer defends, at our discretion we may undertake to do so, but we will be entitled to the insured's rights against all other insurers H. Premium and Audit. 1. We will compute all premiums for this insurance in accordance with our rules and rates. 2. Unless shown as advance premium, the premium for this insurance is a flat premium and is not subject to adjustment except as provided herein or amended by endorsement. If any additional premium charge is made to any "underlying insurance" due to a change in exposure during the policy period you must notify us and our premium may be adjusted accordingly. 3. Premium shown in the Declarations as advance premium is a deposit premium only. At the close of each audit period, we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium, we will return the excess to the first Named Insured, but not if such audit premium is less than the minimum premium shown in the Declarations. 4. If we cancel the policy any return premium will be pro-rated. If you cancel the policy, return premium will be pro-rated but will be subject to a minimum retained premium, which may be a dollar amount or percentage of the total policy premium, if a minimum retained premium is stated in the Declarations. 5. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. I. Representations. By accepting this insurance, you agree: 1. The statements in the Declarations and any applications for insurance are accurate and complete; EXL 10 00 06 16 Page 7 of 9 Copyright 2016, CM Vantage Specialty Insurance Company 2. Those statements are based upon representations you made to us; and 3. We have issued this insurance in reliance upon your representations. J. Transfer of Rights of Recovery Against Others to Us. If an insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. Reimbursement will be made in the following order: 1. First, to any interest (including the insured) who has paid any amount in excess of the limits of this insurance; 2. Next, to us; and 3. Then to any interest, including the insured and a provider of "underlying insurance", as are entitled to claim the remainder, if any. When we assist in pursuit of an insured's rights of recovery, reasonable expenses resulting therefrom shall be apportioned among all interests in the ratio of their respective recoveries. If there should be no recovery as a result of proceedings instituted solely at our request, we shall bear all expenses of such proceedings. K. When We Do Not Renew If we decide not to renew this Coverage Form, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the non-renewal not less than 60 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. L. When Loss is Payable. As soon as practicable, we will pay the amount of "loss" after: 1. a. An insured's liability is established by court decision; or b. There is a written agreement between the claimant, the insured, any provider of"underlying insurance" and us; and 2. The amount of the "underlying insurance" is paid by or on behalf of an insured. EXL 10 00 06 16 Page 8 of 9 Copyright 2016, CM Vantage Specialty Insurance Company We will pay all claims, as soon as practicable, provided all terms of this insurance are met. SECTION IV - DEFINITIONS A. "Controlling underlying insurance" means the policy or policies shown in the Schedule of Underlying Insurance as such, including any self-insured retentions or deductibles that are a part of such policies. When there are multiple types of "underlying insurance" there may be multiple instances of "controlling underlying insurance" that will apply individually to each type. B. "Loss" means the sums that you are legally obligated to pay, and are actually paid, in the settlement or satisfaction of a claim or "suit" after making deductions for all recoveries and salvage. Claims or ""suit"s" arising out of continuous or repeated exposure to the same general harmful conditions shall be considered one "loss". C. "Suit" means a civil proceeding, including an arbitration or other alternative dispute resolution method to which an insured submits with our consent, in which damages to which this insurance applies are alleged. D. "Underlying insurance" means the self-insured retention, policy or policies shown in the Schedule of Underlying Insurance, including any self-insured retentions or deductibles that are a part of such policies. E. "Underlying limits of insurance" means the total sum of the limits of all applicable "underlying insurance" specifically listed in the Schedule of Underlying Insurance. EXL 10 00 06 16 Page 9 of 9 Copyright 2016, CM Vantage Specialty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - ISSUANCE OF FOLLOWED POLICY The following is added to Section I - Coverage: A. The policy has been issued on the basis that, except as described in the Insuring Agreement, it is following all terms and conditions of the "controlling underlying insurance", which policy should reflect coverage in accordance with the terms and conditions as contained in the binder, or evidence of effected insurance, for such "controlling underlying insurance". B. Following the issuance of the "controlling underlying insurance", a copy of such policy shall be forwarded to us as soon as reasonable. Any difference in coverage between the binder or evidence of effected insurance and the "controlling underlying insurance"will not be binding upon us until agreed by us in writing. All other terms and conditions of the policy remain unchanged. EXL 52 60 06 16 Page 1 of 1 Copyright 2016, CM Vantage Specialty Insurance Company