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CAG2023-030 - Original - NFS Towing, LLC - Towing & Impound Services As-Needed - 12/28/2022
Ap p r o v a l Originator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Date of Council Approval: Grant? Yes No Type: Re v i e w / Si g n a t u r e s / R o u t i n g Comments: Date Routed to the City Clerk’s Office: Ag r e e m e n t I n f o r m a t i o n Vendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? Yes No* Business License Verification: Yes In-Process Exempt (KCC 5.01.045) If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? Yes No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No Dir Asst: Sup/Mgr: Dir/Dep: rev. 20210513 FOR CITY OF KENT OFFICIAL USE ONLY (Optional) * Memo to Mayor must be attached ,f KE T POLICE CONTRACT TO PROVIDE TOWING & IMPOUND SERVICES ON AN AS.NEEDED BASIS I. GENERAL TERMS F FS {ourr0 6 LLe (name of towing company) (hereinafter "tow company"), has requested to be placed on the voluntary tow company rotation roster maintained by the City of Kent's police department (hereinafter "City"), and the tow company has been accepted to that roster, effective as of the last date signed below. However, tow company agrees that eligibility to remain on the towing roster is subject to the following conditions: A. Tow company agrees that, except as provided for in this Contract, the City has no legal duty to choose tow company to provide any towing and impound service, and the City,s legal obligation to use tow company is limited to the terms in this Contract and the Kent police Deplrtment Towing Protocols and Policies, which protocols and policies are hereby incorporated by this reference. B. By requesting appointment to the roster, tow company agrees that it wishes to be provided the oppoftunity perform law enforcement-related tows and impounds of vehicles as provided for by law, including Chapter 46.55 of the Revised Code of Washington ('*RCW"). In consideration of being offered the opportunity to provide such services, tow company agrees to fully comply with the Kent Police Department Towing Protocols and Policies, as currently written or hereafter amended at the discretion of the City, and tow company understands that failure to comply with the Towing Protocols and Policies shall cause tow company to be removed from the tow roster. C. Tow company understands that the City's relationship with tow company under this Contract is not exclusive. Tow company will be placed on a roster of companies that are eligible to be used to provide law enforcement-related tows and impounds within the City of fent. Tow company further agrees that it shall be used on a rotational basis, and that use of any specific company at any given time will be as provided for by the Kent Police Department Towing Protocols and Policies, D. In consideration of tow company's willingness to fully comply with the Kent police Department Towing Protocols and Policies, the City agrees to only request tow and impound services from companies that are in good standing on the tow roster at the time the services are needed; provided, the City may request services from companies not on the roster if none of the eligible companies are available, according to the provisions of the Towing protocols and polilies, in emergency situations, or when the owner or person with lawful possession of the vehicle at the time of contact by the Kent Police Department requests a particular tow comPanY. E. Tow company understands and agrees that the Kent Police Department's Tow Officer shall determine whether tow company has complied with the Kent Police Department Towing protocols and policies, and violations of the Towing Protocols and Policies may result in tow company's removal from the tow roster and the City's termination of this Contract with tow company. Tow company further understands and agrees that any appeal of the decision of the Tow Officer shall be heard and decided by the Chief of the Kent Police Department. F. In addition, tow company understands and agrees that this Contract is subject eontrar:t for'iowing enci Impourtd Servicels F{evised CISl?,A'?.?" Page 1" of 4 to immediate termination, and tow company may be removed immediately from the tow roster and a period of ineligibility for reappointment imposed for a period of 24 months, should the Tow Officer develop probable cause to believe tow company has engaged in criminal activity, deliberately overcharged any customer, repeatedly violated the Towing protocols and policies concerning stolen vehicles, intentionally misrepresented any material fact, failed to maintain current contact information for a controlling officer or manager, committed repeat violations within any l2-month period, or failed to comply with any licensing requirement of the City of Kent, the State of Washington, or the Washington State Patrol. G. In addition to the circumstances outlined in section (IXF) above, tow company understands and agrees that this Contract may be terminated at will either by tow company or the fent potice Department, without cause, by providing the other party with thifti (gb) days' advance written notice. In addition, tow company agrees that nothing in this Contract shall prohibit the Kent Police Department from immediately removing tow company from the tow roster and terminating this Contract where, in the opinion of the Kent police Department, continued use of the tow company would create a danger to the public health, safety, or welfare. II. INSURANCE, LIABILITY,AND INDEMNIFICATION A. Independent Contractor Relationship. By being placed on the tow roster, tow company and its owner and operators are performing services as provided for by Ch. 46.55 RCW and are not acting as agents for the City of Kent. Financial responsibility for tow company's services shali be as provided for by Ch. 46.55 RCW. The parties intend that an Indepenident Contractor/Employer Relationship be created by this Contract and agree that tow company has the ability to control and direct the performance and details of its work' B. Work Performed at Contractor's Risk. Tow company shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at tow company's own risk, and tow company shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. C. Insurance. Tow company shall procure and maintain for the duration of its inclusion on the Kent Police Department's towing company rotation roster insurance of the types and in the amounts set forth in the Kent Police Department's Towing Protocols and policies, which is hereby incorporated by this reference. Attached and incorporated as Exhibit A are true and correct copies of tow company's Certificate of Insurance and endorsement evidencing such insurance coverage. D. Indemnification and Liability' 1. Tow company shall defend, indemnify, and hold the City of Kent, its employees, officials, agents, and volunteers harmless from any and all claims, injuries, damages, iosses, or lawsuits, including all legal costs and attorney fees, arising out of or in conneltion with tow company's performance of this Contract, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of tow company's work when completed shall not be grounds to avoid any of these covenants of indemnification. This indemnification expressly applies to any claims, injuries, damages, losses, and lawsuits that arise due to any sale or other disposition tow company may makebf any vehicle towed or impounded by tow company under this Contract and pursuant to the procedures provided for in Ch. 46.55 RCW. ?ag*. Z of 4 tlantrart, tnr 'ft:wing and lnsytt:sun::3rry,i;f, 2. Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to propefty caused by or resulting from the concurrent negligence of tow company and the City of Kent or its officers, officials, employees, agents and volunteers, tow company's liability hereunder shall be only to the extent of tow company's negligence. 3. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE TOW COMPANY'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 4, The provisions of this section II(D) shall survive the expiration or termination of this Contract. ilI. OTHERTERMS A. Unlawful Discrimination Prohibited. In the hiring of employees for the performance of work under this Contract or any subcontract, tow company, its subcontractors, or any person acting on behalf of tow company shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory' rental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates' B. Compliance with Laws. Tow company agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to tow company's business, equipment, and personnel engaged in operations covered by this Contract or accruing out of the performance of those operations' C. Non-Waiver of Breach. The failure of the City of Kent in one or more instances to insist upon strict performance of any of the covenants and agreements contained in this Contract, or to exercise any option conferred by this Contract, shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and these covenants and agreements shall remain in full force and effect. D. Assignment. Any assignment of this Contract by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to an assignment, the terms of this Contract shall continue in full force and effect and no further assignment shall be made without additional written consent. E. Written Notice. All communications regarding this Contract shall be sent to the parties at the addresses listed on the signature page of this Contract, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business da_ys after the date of mailing by registered or certified mail, and notice shall be deemed sufficiently given if sent to the addressee at the address stated in this Contract or such other address as may be hereafter specified in writing. F. Modification. No waiver, alteration, or modification of any of the provisions of this Contract shall be binding unless in writing and signed by a duly authorized representative of the City of Kent and tow comPanY. G. Entire Agreement. The written provisions and terms of this Contract, together Vagt:3 of 4 {nntracttar"Tuwing nn"J-lrnp<surz\frW,t;;#7, with any exhibits or documents incorporated by reference, shall supersede all prior verbal statements of any officer or other representative of the City of Kent, and such statements shall not be effeciive or be construed as entering into or forming a part of or altering in any manner this Contract. However, should any language in any of the incorporated documents or exhibits conflict with any language contained in this Contract, the terms of this Contract shall prevail. H. Resolution of Disputes and Governing Law. This Contract shall be governed by and construed in accordance with the laws of the State of Washington. If the pafties are unable to settle any dispute, difference or claim arising from the parties' performance of this Contract, the exclusive 'means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Cou-rt, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any ciaim or lawsuit for damages arising frol the parties' performance of this Contract, each party shall pay all legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provid6d,-nothing in this paragraph shall be construed to limit the City of Kent's right to indem nification. I. Agreement to All Terms. By its signature below, tow company accepts the above-stated ternrs and conditions and agrees to abide by the same in consideration of being placed on the Kent Police Department's tow rotation roster. TOW COMPANY Nf5 'TovQiN:t6, nvl of Authorized Agent of Tow Companyl ko IPri Name and Titlel CITY OF KENT lSignature Tow Officer for City of Kent Police Departmentl Command 'loshua Bava [Print Name and Title] 22O 4th Av e- S. [Address Continued] Kent. WA 98O32 [Address Continued] 253-6-5834 IPhone Number] 'lBava(OK ntWA oov Cclntr*cl. for Towing,; and lmpou,rtd Services l{dvi$r.'d {}}l?O}? Wtl\L t- [ny rala:lao&a IDate Signed] CONTACT INFORMATION: Htqhw& I J.Citv of Ke nt Police Deoartme IAddress] [Insert Name of \LI LqlLour' IDate Signed] CONTACT INFORMATION: jjb?\ Pncitit [Address] ge.tann\ wt,9 U,ft qfhJ [Address Continued] [Address Continued] b3qq3"r Y1 IPhone Number] IEmail] U. Co hn Pag* 4 af 4 rN lEmaill SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 1/11/2023 Nottingham Agency Inc. 2277 Route 33,Suite 404 Hamilton Square NJ 08690 Auto Services Division 609-460-6230 Ext.903 609-587-1661 asd@nottins.com AmGuard Insurance Company 42390 NFSTOWI-01 GuideOne National Insurance Company 14167NFSTOWING,LLC 33029 Pacific Hwy South Federal WA 98003 1977707951 A X 1,000,000 X 100,000 5,000 1,000,000 2,000,000 X K2GP422982 1/10/2023 1/10/2024 2,000,000 A 1,000,000 X X X K2GP422982 1/10/2023 1/10/2024 B X X 1,000,000BINDER1/10/2023 1/10/2024 1,000,000 A A Garagekeepers On Hook Towing K2GP422982 K2GP422982 1/10/2023 1/10/2023 1/10/2024 1/10/2024 500/2500 Deductible 1,000 Deductible 250,000 250,000 City of Kent Washington,Patrol I Police Department is included as Additional Insured under the General Liability and Automobile policy shown. City of Kent Washington Patrol I Police Department 220 Fourth Avenue South Kent WA 98032 IL 99 08 03 19 j Berkshire Hathaway Insurance #)V. s GUARDCompanies AmGUARD Insurance Company — A Stock Company P.O. Box A-H • Wilkes-Barre, PA 18703-0020 800-673-2465 IL 99 08 03 19 Page 1 of 1 A// P.O. Box A-H ` Berkshire Hathaway Wilkes-Barre, PA 18703-0020 tay;-'A'Insurance 570-825-9900 ��� G U A R DCompanies 800-673-2465 www.guard.com PRIVACY POLICY Rev. February, 2020 WHAT DO BERKSHIRE HATHAWAY GUARD INSURANCE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Hathaway GUARD Insurance Companies include: AmGUARD Insurance Company, =Berkshire AZGUARD Insurance Company,•r Insurance Company,•r Insurance Company,A•r Insurance Company,GUARDCo, Inc., (a medical management Why? Financial Companies choose how they share your personal information. Federal and State law gives consumers the right to limit some, but not all, sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. What? The types of personal information we collect and share depend upon the product or service you have with us. This information can include: • Social Security Number, date of birth, driving record, income • Credit history, credit -based insurance scores, insurance claim history, payment history When you are no longer our customer, we continue to share your information as described in this notice. HOW? All financial companies may need to share customers' personal information to run their everyday business. In the section below, we list the reasons insurance companies share their customers' personal information; the reasons we choose to share; and whether you can limit this sharing. Does Berkshire Can you REASONS WE CAN SHARE Hathaway limit this YOUR PERSONAL INFORMATION For our everyday business purposes - such as to process your transactions, maintain your account(s), respond to court Yes No orders and legal investigations, comply with government agency examinations/procedures, or report your creditworthiness. For our marketing/processing purposes - to offer our products and services to you. Yes No (We may also disclose information received from you with companies that perform services for us.) For our affiliates' everyday business purposes - information about your transactions and experiences. Yes No For our affiliates' everyday business purposes — information about your creditworthiness. Yes Yes For our affiliates to market to you Yes Yes For non -affiliates to market to you Yes Yes Call Customer Service at 1-800-673-2465 or visit us online at www.guard.com/privacy/. Please note: If you are a new customer, we can begin sharing your information 30 days To limit our sharing from the date we provided this notice. When you are no longer our customer, we continue to share your information as described in this notice in accordance with applicable law. However, you can contact us at any time to limit our sharing in accordance with the table above. Questions? Call Customer Service at 1-800-673-2465. Includes Copyrighted Material of the National Association of Insurance Commissioners BHGIC-672-02-20 Hathaway GUARD Insurance Companies (including property and casualty 7WestGUAIRD Who is providing this AmGUARD Insurance Company, AZGUARD Insurance Company, notice? D Insurance Company, EastGUARD Insurance Company, and/or Insurance Company as well as GUARDCo, Inc.) is providing this notice. References in this form to "us", "we" or "our" refers to these companies. What do How do we protect your we To protect your personal information from unauthorized access and use, we personal information? implement security measures that comply with applicable law. These measures include computer safeguards and secured files and buildings. We collect your personal information, for example, when you: • apply for insurance • pay insurance premiums • file an insurance claim • give us your income information How do we collect your give us your contact information. personal information? We also collect your personal information from others (such as credit bureaus, affiliates, or other companies) including, for example, from: • your insurance agent or producer • your transactions with our affiliates listed below or other consumer reporting agencies. Applicable law gives you the right to limit only: Why can't I limit all • sharing for affiliates everyday business purposes - information about your sharing? creditworthiness and insurability • affiliates from using your information to market to you • sharing for non -affiliates to market to you. What happens when I limit sharing for a policy I hold Your choices will apply to everyone on your policy. jointly with someone else? Definitions Companies (other than the companies identified in "Facts" above) that are related to us by Affiliates common ownership or control of Berkshire Hathaway Inc. Affiliates can be financial and nonfinancial companies. Non -affiliates Companies not related to us by common ownership or control, which can be financial and nonfinancial companies. The promotion or advertising of insurance products or services to you. Marketing partners may Marketing include, but are not limited to, insurance licensees such as insurance agents appointed by us or their affiliates. Other Important Important Information about Credit Reporting: We may report information about your account to credit bureaus. Late payments, missed payments or other defaults on your account may be reflected in your credit report. For California Residents: If you opt out, we will not share information we collect about you with nonaffiliated third parties, except as permitted by California law, such as to process your transactions or to maintain your account. Please visit www.guard.com/privacy-policy/ to review our California Privacy Policy. For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Includes Copyrighted Material of the National Association of Insurance Commissioners BHGIC-672-02-20 a .VBerkshire Hathaway ,%ffliGUARD Compan es COMMON POLICY DECLARATIONS POLICY NUMBER: K2GP422982 COMPANY NAME AmGUARD Insurance Company - A Stock Company P.O. Box A-H 16 S. River Street Wilkes-Barre, PA 18703-0020 (800) 673-2465 NAMED INSURED:NFS Towing, LLC MAILING ADDRESS: 35308 42nd Avenue South Auburn, WA 98001 PREVIOUS POLICY NUMBER: NEW PRODUCER NAME KBK Insurance Group, a Division of NSM Insurance Group 1425 Sams Avenue, Suite 201 Harahan, LA 70123-5553 POLICY PERIOD: FROM 01/10/2023 TO 01/10/2024 AT 12:01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE. BUSINESS DESCRIPTION I Towing 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. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. BUSINESS AUTO COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART PREMIUM $36,477.00 $1,035.00 $4,000.00 TOTAL PAYABLE: $41,512.00 IL DS 00 09 08 ©ISO Properties, Inc., 2007 Page 1 of 2 El POLICY NUMBER: K2GP422982 FORMS APPLICABLE TO ALL COVERAGE PARTS (SHOW NUMBERS): See Schedule of Forms and Endorsements. Countersigned By: (Date) (Authorized Representative) IL DS 00 09 08 ISO Properties, Inc., 2007 Page 2 of 2 El Policy Number K2GP422982 FORMS SCHEDULE Named Insured NFS Towing, LLC Agent Name KBK Insurance Group, a Division of NSM Insurance Group Effective Date: 01/10/2023 12:01 A.M. Standard Time Agent No. 150713 IL 99 08 (03-19) COVER-PAGE-BHGIC BHGIC 672 (02-20) BHGIC Privacy Policy Notice IL DS 00 (09-08) Common Policy Declarations IL DS 99 04 (01- Forms Schedule 19) CA DS 03 (10-13) Business Auto Declarations IL 99 00 (08-13) Authorization and Attestation CA 00 01 (11-20) Business Auto Coverage Form BA 99 11 (03-17) Notice Unreported Drivers - New Drivers BA 99 23 (06-19) Commercial Auto Towing Coverage BA 98 03 (04-20) Garagekeepers Limited Primary Coverage IL 91 01 (04-20) Exclusion - Firearms or Weapons AIC 99 09 (03-17) Exclusion Of Injury Or Damage Caused By Animals AIC 99 16 (03-17) Influenza or Epidemic Exclusion Notice to Policyholder AIC 99 04 (04-20) Two or More Coverages Issued By Us IL 91 02 (04-20) Total Asbestos Exclusion IM 99 06 (03-17) Schedule Of Vehicles CA 23 92 (10-13) Washington Exclusion of Terrorism CA 99 28 (11-20) Stated Amount Insurance IL 01 23 (11-13) Washington Changes - Defense Costs IL 01 46 (08-10) Washington Common Policy Conditions IL 01 98 (09-08) Nuclear Energy Liability Exclusion Endorsement (Broad Form) CA 01 35 (02-21) Washington Changes CA 21 34 (10-13) Washington Underinsured Motorists Coverage CA 99 03 (10-13) Auto Medical Payments Coverage CA 99 37 (10-13) Garagekeepers Coverage NARS Letter (01- NARS Claims Reporting Letter 21) NARS Accident NARS Accident Kit - English Kit - English (09-22) NARS Accident NARS Accident Kit - Spanish Kit - Spanish (09-22) NARS Appraisal NARS Appraisal Services App Services App (09- 22) THESE SCHEDULES, TOGETHER WITH THE ATTACHED AUTHORIZATION AND ATTESTATION ENDORSEMENT, POLICY DECLARATIONS, AND ANY FORMS AND ENDORSEMENTS THAT WE HAVE ATTACHED OR MAY LATER ATTACH TO REFLECT CHANGES, MAKE UP AND COMPLETE THE ABOVE NUMBERED POLICY. IL DS 99 04 01 19 Page I of 2 Policy Number K20P422982 FORMS SCHEDULE Named Insured NFS Towing, LLC Agent Name KBK Insurance Group, a Division of NSM Insurance Group KBK Reporting KBK Reporting Letter to Insured Letter (01-21) Effective Date: 01/10/2023 12:01 A.M. Standard Time Agent No. 150713 THESE SCHEDULES, TOGETHER WITH THE ATTACHED AUTHORIZATION AND ATTESTATION ENDORSEMENT, POLICY DECLARATIONS, AND ANY FORMS AND ENDORSEMENTS THAT WE HAVE ATTACHED OR MAY LATER ATTACH TO REFLECT CHANGES, MAKE UP AND COMPLETE THE ABOVE NUMBERED POLICY. IL DS 99 04 01 19 Page 2 of 2 W , ;,..(Berkshire Hathaway "UARDInsurance Companies BUSINESS AUTO DECLARATIONS POLICY NUMBER: K2GP422982 ITEM ONE COMMERCIAL AUTO CA IDS 03 10 13 Company Name:AmGUARD Insurance Company - Producer Name:KBK Insurance Group, A Stock Company a Division of NSM Insurance P.O. Box A-H Group 16 S. River Street 1425 Sams Avenue, Suite 201 Wilkes-Barre, PA 18703-0020 Harahan, LA 70123-5553 (800) 673-2465 Named Insured: NFS Towing, LLC Mailing Address: 35308 42nd Avenue South Auburn, WA 98001 Policy Period From: 01/10/2023 To: 01/10/2024 At 12:01 AM Standard Time at your mailing address shown above Previous Policy Number: NEW Form Of Business: ❑ Corporation ® Limited Liability Company ❑ Individual ❑ Partnership ❑ 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: $36, 477. 00 Audit Period (if applicable): ❑ Annually ❑ Semiannually ❑ Quarterly ❑ Monthly Endorsements Attached To This Polio IL 00 17 - Common Policy Conditions (IL 01 46 in Washington) IL 00 21 - Broad Form Nuclear Exclusion (not applicable in New York) (IL 01 98 in Washington) See Schedule of Forms and Endorsements. CA IDS 03 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 15 0 Countersignature Of Authorized Representative Name: Title: Signature: Date: 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 Covered Autos Limit Premium Covered Autos Liability 7 g 9 $1, 000, 000 $22, 294 Personal Injury Separately Stated In Each Personal Protection (Or Injury Protection Endorsement Minus Equivalent No-fault Deductible Coverage) Added Personal Injury Separately Stated In Each Added Protection (Or Personal Injury Protection Endorsement Equivalent Added No-fault Coverage) Property Protection Separately Stated In The Property Insurance Protection Insurance Endorsement (Michigan Only) Minus For Each Accident Auto Medical Payments 7 $5 000 $56 Each Insured Medical Expense And Separately Stated In The Medical Income Loss Benefits Expense And Income Loss Benefits (Virginia Only) Endorsement Uninsured Motorists Underinsured Motorists 7 $100, 000 $196 (When Not Included In Uninsured Motorists Coverage) CA DS 03 10 13 © Insurance Services Office, Inc., 2011 Page 2 of 15 ITEM TWO Schedule Of Coverages And Covered Autos (Cont'd) Coverages Covered Autos Limit Premium Physical Damage 7 Actual Cash Value Or Cost Of Repair, $2, 346 Comprehensive Whichever Is Less, Minus Coverage See schedule Deductible For Each Covered Auto, But No Deductible Applies To Loss Caused By Fire Or Lightning See Item Four for Hired or Borrowed Autos. Physical Damage Actual Cash Value Or Cost Of Repair, Specified Whichever Is Less, Minus Causes Of Loss Deductible Coverage For Each Covered Auto For Loss Caused By Mischief Or Vandalism See Item Four for Hired or Borrowed Autos. Physical Damage 7 Actual Cash Value Or Cost Of Repair, $8, 621 Collision Whichever Is Less, Minus Coverage See Schedule Deductible For Each Covered Auto See Item Four for Hired or Borrowed Autos. Physical Damage For Each Towing And Labor Disablement Of A Private Passenger Auto Premium For Endorsementsi $2, 964 Estimated Total Premium*j $36, 477. 00 *This policy may be subject to final audit. CA DS 03 10 13 © Insurance Services Office, Inc., 2011 Page 3 of 15 ❑ ITEM THREE Schedule Of Covered Autos You Own Covered Auto Number: 1 Town And State Where The Covered Auto Will Be Principally Garaged: Federal Way, WA Covered Auto Description Year: 2022 1 Model: 5500 Trade Name: RAM Body Type: CAB CHASSIS Serial Number(s): Vehicle Identification Number (VIN): 3C7WRNAL4NG217725 Original Cost New: Classification Business Use Size GVW, Radius s=service GCW Or Secondary Of r=retail Vehicle Seating Age Rating Operation c=commercial Capacity Group Classification Code Up to C Medium Truck 10,001 to 2 Tow -truck for hire 23103 50 miles 20,000 lbs CVWR Except For Towing, All Physical Damage Loss Is Payable To You And The Loss Payee Named Below According To Their Interests In The Auto At the Time Of The Loss: Coverages - Premiums, Limits And Deductibles (Absence of a deductible or limit entry in any column below means that the limit or deductible entry in the corresponding Item Two column applies instead.) Coverages Limit Premium Covered Autos Liability Sl, D00, 000 $5 110 Personal Injury Stated In Each Personal Injury Protection Protection Endorsement Minus Deductible Added Personal Stated In Each Added Personal Injury Protection Injury Protection Endorsement Property Protection Stated In The Property Protection Insurance Insurance Endorsement Minus (Michigan Only) Deductible Auto Medical $5, D06 $14 Payments Each Insured Medical Expense And Stated In The Medical Expense And Income Loss Income Loss Benefits Benefits Endorsement For Each Person (Virginia Only) Uninsured Motorist Underinsured Motorist $100 000 $49 Comprehensive Stated In Item Two Minus $526 $1 000 Deductible Specified Causes Stated In Item Two Minus Of Loss Deductible Collision Stated In Item Two Minus $1, 688 $1, 000 Deductible Towing And Labor Per Disablement CA DS 03 10 13 © Insurance Services Office, Inc., 2011 Page 4 of 15 ❑ ITEM THREE Schedule Of Covered Autos You Own Covered Auto Number: 2 Town And State Where The Covered Auto Will Be Principally Garaged: Federal Way, WA Covered Auto Description Year: 2021 1 Model: 5500 Trade Name: RAM Body Type: CAB CHASSIS Serial Number(s): Vehicle Identification Number (VIN): 3C7WRNEL5MG601991 Original Cost New: Classification Business Use Size GVW, Radius s=service GCW Or Secondary Of r=retail Vehicle Seating Age Rating Operation c=commercial Capacity Group Classification Code Up to C Medium Truck 10,001 to 3 Tow -truck for hire 23103 50 miles 20,000 lbs CVWR Except For Towing, All Physical Damage Loss Is Payable To You And The Loss Payee Named Below According To Their Interests In The Auto At the Time Of The Loss: Coverages - Premiums, Limits And Deductibles (Absence of a deductible or limit entry in any column below means that the limit or deductible entry in the corresponding Item Two column applies instead.) Coverages Limit Premium Covered Autos Liability S1, D00, 000 $5 110 Personal Injury Stated In Each Personal Injury Protection Protection Endorsement Minus Deductible Added Personal Stated In Each Added Personal Injury Protection Injury Protection Endorsement Property Protection Stated In The Property Protection Insurance Insurance Endorsement Minus (Michigan Only) Deductible Auto Medical $5, D06 $14 Payments Each Insured Medical Expense And Stated In The Medical Expense And Income Loss Income Loss Benefits Benefits Endorsement For Each Person (Virginia Only) Uninsured Motorist Underinsured Motorist $100 000 $49 Comprehensive Stated In Item Two Minus $526 $1 000 Deductible Specified Causes Stated In Item Two Minus Of Loss Deductible Collision Stated In Item Two Minus $1, 688 $1, 000 Deductible Towing And Labor Per Disablement CA DS 03 10 13 © Insurance Services Office, Inc., 2011 Page 5 of 15 ❑ ITEM THREE Schedule Of Covered Autos You Own Covered Auto Number: 3 Town And State Where The Covered Auto Will Be Principally Garaged: Federal Way, WA Covered Auto Description Year: 2007 1 Model: CONSTRUCTION Trade Name: KFNWORTH Body Type: STRAIGHT TRUCK Serial Number(s): Vehicle Identification Number (VIN): 1NKDL49x07J177747 Original Cost New: Classification Business Use Size GVW, Radius s=service GCW Or Secondary Of r=retail Vehicle Seating Age Rating Operation c=commercial Capacity Group Classification Code Up to C Heavy Truck 20,001 to L Tow -truck for hire 33103 50 miles 45,000 lbs GVWR Except For Towing, All Physical Damage Loss Is Payable To You And The Loss Payee Named Below According To Their Interests In The Auto At the Time Of The Loss: Coverages - Premiums, Limits And Deductibles (Absence of a deductible or limit entry in any column below means that the limit or deductible entry in the corresponding Item Two column applies instead.) Coverages Limit Premium Covered Autos Liability S1, D00, 000 $5 828 Personal Injury Stated In Each Personal Injury Protection Protection Endorsement Minus Deductible Added Personal Stated In Each Added Personal Injury Protection Injury Protection Endorsement Property Protection Stated In The Property Protection Insurance Insurance Endorsement Minus (Michigan Only) Deductible Auto Medical $5, D06 $14 Payments Each Insured Medical Expense And Stated In The Medical Expense And Income Loss Income Loss Benefits Benefits Endorsement For Each Person (Virginia Only) Uninsured Motorist Underinsured Motorist $100 000 $49 Comprehensive Stated In Item Two Minus $768 $2 000 Deductible Specified Causes Stated In Item Two Minus Of Loss Deductible Collision Stated In Item Two Minus $3, 557 $2, 000 Deductible Towing And Labor Per Disablement CA DS 03 10 13 © Insurance Services Office, Inc., 2011 Page 6 of 15 ❑ ITEM THREE Schedule Of Covered Autos You Own Covered Auto Number: 4 Town And State Where The Covered Auto Will Be Principally Garaged: Federal Way, WA Covered Auto Description Year: 2022 1 Model: M2 Trade Name: FREIGHTLINER Body Type: STRAIGHT TRUCK Serial Number(s): Vehicle Identification Number (VIN): I FVACWFCXNHNG304 7 Original Cost New: Classification Business Use Size GVW, Radius s=service GCW Or Secondary Of r=retail Vehicle Seating Age Rating Operation c=commercial Capacity Group Classification Code Up to C Heavy Truck 20,001 to 2 Tow -truck for hire 33103 50 miles 45,000 lbs GVWR Except For Towing, All Physical Damage Loss Is Payable To You And The Loss Payee Named Below According To Their Interests In The Auto At the Time Of The Loss: Coverages - Premiums, Limits And Deductibles (Absence of a deductible or limit entry in any column below means that the limit or deductible entry in the corresponding Item Two column applies instead.) Coverages Limit Premium Covered Autos Liability S1, D00, 000 $5 828 Personal Injury Stated In Each Personal Injury Protection Protection Endorsement Minus Deductible Added Personal Stated In Each Added Personal Injury Protection Injury Protection Endorsement Property Protection Stated In The Property Protection Insurance Insurance Endorsement Minus (Michigan Only) Deductible Auto Medical $5, D06 $14 Payments Each Insured Medical Expense And Stated In The Medical Expense And Income Loss Income Loss Benefits Benefits Endorsement For Each Person (Virginia Only) Uninsured Motorist Underinsured Motorist $100 000 $49 Comprehensive Stated In Item Two Minus $526 $1 000 Deductible Specified Causes Stated In Item Two Minus Of Loss Deductible Collision Stated In Item Two Minus $1, 688 $1, 000 Deductible Towing And Labor Per Disablement CA DS 03 10 13 © Insurance Services Office, Inc., 2011 Page 7 of 15 ❑ ITEM THREE Schedule Of Covered Autos You Own (Cont'd) Total Premiums Covered Autos Liability $21 876 Personal Injury Protection Added Personal Injury Protection Property Protection Insurance (Michigan Only) Auto Medical Payments $56 Medical Expense And Income Loss Benefits (Virginia Only) Uninsured Motorist Underinsured Motorist $196 Comprehensive $2 346 Specified Causes Of Loss Collision $8 621 Towing And Labor CA IDS 03 10 13 © Insurance Services Office, Inc., 2011 Page 8 of 15 ITEM FOUR Schedule Of Hired Or Borrowed Covered Auto Coverage And Premiums Covered Autos Liability Coverage - Cost Of Hire Rating Basis For Autos Used In Your Motor Carrier Operations (Other Than Mobile Or Farm Equipment) Covered Autos Liability Estimated Annual Coverage Cost Of Hire For All States Premium Primary Coverage Excess Coverage Total Hired Auto Premium For "autos" used in your motor carrier operations, cost of hire means: 1. The total dollar amount of costs you incurred for the hire of automobiles (includes "trailers" and semitrailers) and, if not included therein, 2. The total remunerations of all operators and drivers' helpers, of hired automobiles, whether hired with a driver by lessor or an "employee" of the lessee, or any other third party, and 3. The total dollar amount of any other costs (e.g., repair, maintenance, fuel, etc.) directly associated with operating the hired automobiles, whether such costs are absorbed by the "insured", paid to the lessor or owner, or paid to others. CA IDS 03 10 13 © Insurance Services Office, Inc., 2011 Page 9 of 15 ITEM FOUR Schedule Of Hired Or Borrowed Covered Auto Coverage And Premiums (Cont'd) Covered Autos Liability Coverage - Cost Of Hire Rating Basis For Autos NOT Used In Your Motor Carrier Operations (Other Than Mobile Or Farm Equipment) Covered Autos Estimated Annual Liability Coverage State Cost Of Hire For Each State Premium Primary Coverage WA If Any $168 Excess Coverage Total Hired Auto Premium $168 For "autos" NOT used in your motor carrier operations, 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. Physical Damage Coverages - Cost Of Hire Rating Basis For All Autos (Other Than Mobile Or Farm Equipment) Estimated Annual Cost Of Hire For Each State (Excluding Autos Coverage State Limit Of Insurance Hired With A Driver) Premium Comprehensive Actual Cash Value Or Cost Of Repair, Whichever Is Less, Minus Deductible For Each Covered Auto, But No Deductible Applies To Loss Caused By Fire Or Lightning Specified Actual Cash Value Or Cost Of Causes Of Loss Repair, Whichever Is Less, Minus Deductible For Each Covered Auto For Loss Caused By Mischief Or Vandalism Collision Actual Cash Value Or Cost Of Repair, Whichever Is Less, Minus Deductible For Each Covered Auto Total Hired Auto Premium For Physical Damage Coverages, 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 any "auto" that is leased, hired, rented or borrowed with a driver. CA DS 03 10 13 © Insurance Services Office, Inc., 2011 Page 10 of 15 ❑ ITEM FOUR Schedule Of Hired Or Borrowed Covered Auto Coverage And Premiums (Cont'd) Cost Of Hire Rating Basis For Mobile Or Farm Equipment -Other Than Physical Damage Coverages Estimated Annual Cost Of Hire For Each State Premium Coverage State Mobile Equipment Farm Equipment Mobile Equipment Farm Equipment Covered Autos Liability - Primary Coverage Covered Autos Liability - Excess Coverage Personal Injury Protection Medical Expense VA Benefits (Virginia Only) Income Loss Benefits VA (Virginia Only) Auto Medical Payments Total Hired Auto 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. CA IDS 03 10 13 © Insurance Services Office, Inc., 2011 Page 11 of 15 ❑ ITEM FOUR Schedule Of Hired Or Borrowed Covered Auto Coverage And Premiums (Cont'd) Cost Of Hire Rating Basis For Mobile Or Farm Equipment - Physical Damage Coverages Estimated Annual Cost Of Hire For Each State (Excluding Autos Hired With A Driver) Premium Mobile Farm Mobile Farm Coverage State Limit Of Insurance Equipment Equipment Equipment Equipment Compre- Actual Cash Value Or hensive Cost Of Repair, Whichever Is Less, Minus Ded. For Each Covered Auto, But No Deductible Applies To Loss Caused By Fire Or Lightning Specified Actual Cash Value Or Causes Cost Of Repair, Of Loss Whichever Is Less, Minus Ded. For Each Covered Auto For Loss Caused By Mischief Or Vandalism Collision Actual Cash Value Or Cost Of Repair, Whichever Is Less, Minus Ded. For Each Covered Auto Total Hired Auto Premium For Physical Damage Coverages, 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 any auto that is leased, hired, rented or borrowed with a driver. CA DS 03 10 13 © Insurance Services Office, Inc., 2011 Page 12 of 15 El ITEM FOUR Schedule Of Hired Or Borrowed Covered Auto Coverage And Premiums (Cont'd) Rental Period Rating Basis For Mobile Or Farm Equipment Estimated Number Of Days Equipment Will Town And Be Rented Premium State Where The Job Site Is Mobile Farm Coverage Located Equipment Equipment Mobile Equipment Farm Equipment Covered Autos Liability - Primary Coverage Covered Autos Liability - Excess Coverage Personal Injury Protection Medical Expense Benefits (Virginia Only) Income Loss Benefits (Virginia Only) Auto Medical Payments Total Hired Auto Premiums CA DS 03 10 13 © Insurance Services Office, Inc., 2011 Page 13 of 15 ❑ ITEM FIVE Schedule For Non -ownership Covered Autos Liability Named Insured's Business Rating Basis Number Premium Other Than Garage Service Number Of Employees 7 Included Operations And Other Than Social Service Agencies Number Of Partners (Active And Inactive) D Included 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 Who Regularly Use Autos To Transport Clients Number Of Partners (Active And Inactive) Total Non -ownership Covered Autos Liability Premium $250 CA DS 03 10 13 © Insurance Services Office, Inc., 2011 Page 14 Of 15 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 Covered Autos Liability Personal Injury Protection Added Personal Injury Protection Property Protection Insurance (Michigan Only) Auto Medical Payments Medical Expense And Income Loss Benefits (Virginia 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: 1. Amounts paid to air, sea or land carriers operating under their own permits. 2. Advertising revenue. 3. Taxes collected as a separate item and paid directly to the government. 4. 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 live and dead mileage of all "autos" you leased or rented to others without drivers. CA IDS 03 10 13 © Insurance Services Office, Inc., 2011 Page 15 Of 15 AUTHORIZATION AND ATTESTATION IL 99 00 08 13 THIS ENDORSEMENT AUTHORIZES THE POLICY. AUTHORIZATION AND ATTESTATION This endorsement authorizes the insurance contract between you and the GUARD insurance company subsidiary listed on the DECLARATIONS PAGE of your insurance policy. In Witness Whereof, this page executes and fully attests to this policy. If required by state law, the policy shall not be valid unless countersigned by our authorized representatives. Authorizing signatures Matthew O'Connor General Counsel and Secretary Sy Foguel, ACAS, FILAA Chief Executive Officer and President IL 99 00 08 13 Page 1 of 1 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 V — Definitions. COMMERCIAL AUTO CA 00 01 11 20 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 An "Auto" 2 Owned "Autos" Only those "autos" you own (and for Covered Autos Liability Coverage any Only "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 Only the private passenger "autos" you own. This includes those private Passenger passenger "autos" you acquire ownership of after the Policy begins. "Autos" Only 4 Owned Only those "autos" you own that are not of the private passenger type (and for "Autos" Other Covered Autos Liability Coverage any "trailers" you don't own while attached to Than Private power units you own). This includes those "autos" not of the private passenger Passenger type you acquire ownership of after the Policy begins. "Autos" Only 5 Owned "Autos" Only those "autos" you own that are required to have no-fault benefits in the state Subject To where they are licensed or principally garaged. This includes those "autos" you No-fault acquire 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" Only those "autos" you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Motorists Coverage. This includes those "autos" you acquire ownership of after the Uninsured Policy begins provided they are subject to the same state uninsured motorists Motorists Law requirement. 7 Specifically Only those "autos" described in Item Three of the Declarations for which a Described premium charge is shown (and for Covered Autos Liability Coverage any "trailers" "Autos" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" Only 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 Non -owned Only those "autos" you do not own, lease, hire, rent or borrow that are used in "Autos" Only connection with your business. This includes "autos" owned by your "employees", partners (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. CA 00 01 11 20 © Insurance Services Office, Inc., 2019 Page 1 of 13 19 Mobile Only those "autos" that are land vehicles and that would qualify under the definition Equipment of "mobile equipment' under this Policy if they were not subject to a compulsory or Subject To financial responsibility law or other motor vehicle insurance law where they are Compulsory Or licensed or principally garaged. Financial Responsibility Or Other Motor Vehicle Insurance Law Only B. Owned Autos 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered next to a coverage in Item Two of the Declarations, then you have coverage for "autos" that you acquire after the policy period begins of the type described for the remainder 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 after the policy period begins will be a covered "auto" for that coverage 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 coverage; and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. 3. An "auto" that is leased or rented to you without a driver, under a written agreement for a continuous period of at least six months that requires you to provide primary insurance covering such "auto", will be considered a covered "auto" you own. C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos If Covered Autos Liability Coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos" for Covered Autos Liability Coverage: 1. "Trailers" with a registered Gross Vehicle Weight Rating of 3,000 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 substitute 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 — COVERED AUTOS 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 "accident" and resulting from the ownership, maintenance or use of covered "autos". However, we will only pay for the "covered pollution cost or expense" 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 "property damage" or a "covered pollution cost or expense" 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 Covered Autos Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. Who Is An Insured The following are "insureds": a. You for any covered "auto". b. 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". Page 2 of 13 © Insurance Services Office, Inc., 2019 CA 00 01 11 20 This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. (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 "insured" described above but only to the extent 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 (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (3) The cost of bonds to release attachments 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 because of time off from work. (5) All court costs taxed against the "insured" in any "suit" against the "insured" we defend. However, these payments do not include attorneys' fees or attorneys' expenses taxed against the "insured". (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "insured" we defend, but our duty to pay interest 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 Covered Autos Liability Coverage to meet the limits specified by a compulsory or financial responsibility 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 property. (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 following: 1. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". 2. Contractual Liability assumed under any contract or agreement. 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 injury" or "property damage" occurs subsequent to the execution of the contract or agreement; or CA 00 01 11 20 © Insurance Services Office, Inc., 2019 Page 3 of 13 b. That the "insured" would have in the absence 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 (2) Performing the duties related to the conduct 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 injury" 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 engaged in household or domestic work performed principally in connection with a residence premises. 5. Fellow Employee "Bodily injury" to: a. 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; or b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph a. above. 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. 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 mechanical 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 equipment"; or b. Machinery or equipment that is on, 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 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 completed 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 representations made at any time with respect to the fitness, 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; or Page 4 of 13 © Insurance Services Office, Inc., 2019 CA 00 01 11 20 (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, correction, repair or replacement, but which is otherwise 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 escape of "pollutants": a. That are, or that are contained in any property 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"; 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 accepted 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, lubricants, 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 equipment". Paragraphs b. and c. above of this exclusion 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: (a) 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 (b) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. 12. War "Bodily injury" or "property damage" 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. 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 prepared for such a contest or activity. 14. Unmanned Aircraft "Bodily injury" or "property damage" arising out of the ownership, maintenance or use of "unmanned aircraft". C. 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 the total of all damages and "covered pollution cost or expense" combined resulting from any one "accident" is the Limit Of Insurance for Covered Autos Liability Coverage shown in the Declarations. CA 00 01 11 20 © Insurance Services Office, Inc., 2019 Page 5 of 13 All "bodily injury", "property damage" and "covered pollution cost or expense" resulting from continuous or repeated exposure to substantially the same conditions will be considered as resulting from one "accident". No one will be entitled to receive duplicate payments for the same elements of "loss" under this Coverage Form and any Medical Payments Coverage endorsement, Uninsured Motorists Coverage endorsement or Underinsured Motorists Coverage 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 another 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 derailment of any conveyance transporting the covered "auto". c. Collision Coverage Caused by: (1) The covered "auto's" collision with another object; or (2) The covered "auto's" overturn. 2. Towing And Labor We will pay up to the limit shown in the Declarations for towing and labor costs incurred each time a covered "auto" that is a private passenger type, light truck or medium truck 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 following 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 $30 per day, to a maximum of $900, for temporary transportation expense incurred by you because of the total 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 expiration, 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" 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 indicates that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes of Loss only if the Declarations indicates that Specified Causes Of Loss Coverage is provided for any covered "auto"; or Page 6 of 13 © Insurance Services Office, Inc., 2019 CA 00 01 11 20 (3) Collision only if the Declarations indicates that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $30 per day, to a maximum of $900. B. Exclusions 1. We will not pay for "loss" caused by or resulting from any of the following. Such "loss" is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the "loss". a. Nuclear Hazard (1) The explosion of any weapon employing atomic fission or fusion; or (2) Nuclear reaction or radiation, or radioactive contamination, however caused. b. War Or 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. 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 prepared for such a contest or activity. 3. We will not pay for "loss" due and confined to: a. Wear and tear, freezing, mechanical or electrical breakdown. b. Blowouts, punctures or other road damage to tires. This exclusion does not apply to such "loss" resulting from the total theft of a covered "auto". 4. We will not pay for "loss" to any of the following: a. Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b. Any device designed or used to detect speed -measuring equipment, such as radar or laser detectors, and any jamming apparatus intended to elude or disrupt speed -measuring equipment. c. Any electronic equipment, without regard to whether this equipment is permanently installed, that reproduces, receives or transmits audio, visual or data signals. d. Any accessories used with the electronic equipment described in Paragraph c. above. 5. Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: a. Permanently installed in or upon the covered "auto"; b. Removable from a housing unit which is permanently installed in or upon the covered "auto"; c. An integral part of the same unit housing any electronic equipment described in Paragraphs a. and b. above; or d. Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. 6. We will not pay for "loss" to a covered "auto" due to "diminution in value". C. Limits Of Insurance 1. The most we will pay for: a. "Loss" to any one covered "auto" is the lesser of: (1) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (2) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. CA 00 01 11 20 © Insurance Services Office, Inc., 2019 Page 7 of 13 b. All electronic equipment that reproduces, receives or transmits audio, visual or data signals in any one "loss" is $1,000, if, at the time of "loss", such electronic equipment is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph b.(1) above; or (3) An integral part of such equipment as described in Paragraphs b.(1) and b.(2) above. 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 property will be reduced by the applicable deductible shown in the Declarations prior to the application of the Limit Of Insurance, provided that: 1. The Comprehensive or Specified Causes Of Loss Coverage deductible applies only to "loss" caused by: a. Theft or mischief or vandalism; or b. All perils. 2. Regardless of the number of covered "autos" damaged or stolen, the maximum deductible applicable for all "loss" in any one event caused by: a. Theft or mischief or vandalism; or b. All perils, will be equal to five times the highest deductible applicable to any one covered "auto" on the Policy for Comprehensive or Specified Causes Of Loss Coverage. The application of the highest deductible used to calculate the maximum deductible will be made regardless of which covered "autos" were damaged or stolen in the "loss". 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 appraisers 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 compliance 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 "accident" or "loss". Include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. b. Additionally, you and any other involved "insured" must: (1) Assume no obligation, make no payment or incur no expense without our consent, except at the "insured's" own cost. (2) Immediately send us copies of any request, demand, order, notice, summons or legal paper received concerning the claim or "suit". Page 8 of 13 © Insurance Services Office, Inc., 2019 CA 00 01 11 20 (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: B (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 under this Coverage Form until: a. There has been full compliance with all the terms of this Coverage Form; and b. Under Covered Autos Liability Coverage, we agree in writing that the "insured" has an obligation to pay or until the amount of that obligation has finally been determined by judgment after trial. No one has the right under this Policy 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 stolen 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 stolen 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 organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any obligations 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 conceals or misrepresents a material fact concerning: 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 revision 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 provision of this Coverage Form. 5. Other Insurance a. For any covered "auto" you own, this Coverage Form provides primary insurance. For any covered "auto" you don't own, the insurance 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 Covered Autos Liability Coverage this Coverage Form provides for the "trailer" is: (1) Excess while it is connected to a motor vehicle you do not own; or CA 00 01 11 20 © Insurance Services Office, Inc., 2019 Page 9 of 13 (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". c. Regardless of the provisions of Paragraph a. above, this Coverage Form's Covered Autos Liability Coverage is primary for any liability assumed 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 limits 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 balance, if any. The due date for the final premium or retrospective premium is the date shown as the due date on the bill. If the estimated total premium exceeds the final premium due, the first Named Insured will get a refund. (5) Anywhere else in the world if a covered "auto" of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 30 days or less, provided that 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" involving, 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 company affiliated with us applies to the same "accident", the aggregate maximum Limit of Insurance 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 affiliated company specifically to apply as excess insurance over this Coverage Form. SECTION V — DEFINITIONS A. "Accident" includes continuous or repeated exposure to the same conditions resulting in "bodily injury" or "property damage". B. "Auto" means: 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 C Under this Coverage Form, we cover "accidents" and "losses" occurring: a. During the policy period shown in the Declarations; and 1. A land motor vehicle, "trailer" or semitrailer designed for travel on public roads; or 2. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these. D. "Covered pollution cost or expense" means any cost or expense arising out of: b. Within the coverage territory. 1. Any request, demand, order or statutory or The coverage territory is: regulatory requirement that any "insured" or others test for, monitor, clean up, remove, (1) The United States of America; contain, treat, detoxify or neutralize, or in any (2) The territories and possessions of the way respond to, or assess the effects of, United States of America; "pollutants"; or (3) Puerto Rico; (4) Canada; and Page 10 of 13 © Insurance Services Office, Inc., 2019 CA 00 01 11 20 2. Any claim or "suit" by or on behalf of a 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". "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a. That are, or that are contained in any property 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"; 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 accepted 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, lubricants, 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: 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: (a) 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 (b) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. E. "Diminution in value" means the actual or perceived loss in market value or resale value which results from a direct and accidental "loss". F. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". G. "Insured" means any person or organization qualifying as an insured in the Who Is An Insured provision of the applicable coverage. Except with respect to the Limit of Insurance, the coverage afforded 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 operations on or within 50 feet of a railroad; 4. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; (1) The "pollutants" escape, seep, migrate 5. That part of any other contract or agreement or are discharged, dispersed or released pertaining to your business (including an directly from an "auto" part designed by indemnification of a municipality in connection its manufacturer to hold, store, receive with work performed for a municipality) under or dispose of such "pollutants"; and which you assume the tort liability of another to pay for "bodily injury" or "property damage" to a {2) The "bodily injury", "property damage" or third party or organization. Tort liability means "covered pollution cost or expense" a liability that would be imposed by law in the does not arise out of the operation of absence of any contract or agreement; or any equipment listed in Paragraph 6.b. or 6.c. of the definition of "mobile equipment". CA 00 01 11 20 © Insurance Services Office, Inc., 2019 Page 11 of 13 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 "employees", 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 construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing; 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 engaged in the business of transporting property 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 damage. K. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery 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, maintained primarily to provide mobility to permanently 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 permanently attached equipment of the following types: a. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well -servicing equipment; or b. Cherry pickers and similar devices used to raise or lower workers; or 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 cleaning, 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 garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance 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. N. "Suit" means a civil proceeding in which: 1. Damages because of "bodily injury" or "property damage"; or 2. A "covered pollution cost or expense"; to which this insurance applies, are alleged. Page 12 of 13 © Insurance Services Office, Inc., 2019 CA 00 01 11 20 "Suit" includes: a. An arbitration proceeding in which such damages or "covered pollution costs or expenses" 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 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 furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- term workload conditions. P. "Trailer" includes semitrailer. Q. "Unmanned aircraft' means an aircraft that is not: 1. Designed; 2. Manufactured; or 3. Modified after manufacture; to be controlled directly by a person from within or on the aircraft. CA 00 01 11 20 © Insurance Services Office, Inc., 2019 Page 13 of 13 NOTICE UNREPORTED DRIVERS - NEW DRIVERS ALL NEW OPERATORS AND DRIVERS HIRED OR DESIGNATED DURING THE TERM OF THIS POLICY MUST BE IMMEDIATELY REPORTED TO THE COMPANY. YOUR SCHEDULE OF DRIVERS IS MATERIAL TO THE RISK WE INSURE. YOUR FAILURE TO REPORT A NEW OPERATOR OR DRIVER IS A MATERIAL MIS -REPRESENTATION OF THE RISK WE INSURE AND INCREASES THE HAZARD INSURED AGAINST. FAILURE TO REPORT A NEW OPERATOR OR DRIVER MAY RESULT IN CANCELLATION OF YOUR POLICY. NEWLY AUTHORIZED OPERATORS AND DRIVERS SHOULD BE REPORTED TO YOUR AGENT. BA 99 11 03 17 COMMERCIAL AUTO BA 99 23 06 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTO TOWING COVERAGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The following is added to Paragraph A. 4. Coverage Extensions in Section III - Physical Damage Coverage of the Business Auto Coverage Form and Paragraph A. 4. Coverage Extensions in Section IV - Physical Damage Coverage of the Motor Carrier Coverage Form, whichever applies: c. Commercial Auto Towing We will pay up to $5,000 for reasonable: 1. Towing costs; and 2. Storage costs of a covered "auto" after towing while awaiting repair; incurred each time a covered "auto" is involved in a covered "accident" or "loss." We will pay towing costs and storage costs only for those covered "autos" for which you carry Comprehensive, Specified Causes of Loss or Collision Coverage. We will pay only charges to a licensed third party towing service. All other terms and conditions of this policy remain unchanged. BA 99 23 06 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GARAGEKEEPERS LIMITED PRIMARY COVERAGE This endorsement modifies insurance under the following: AUTO DEALERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Garage Coverage Form apply unless modified by this endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated in the Schedule below. Named Insured: NFS Towing, LLC Endorsement Effective Date: 01 / 10 / 2 02 3 I. The following is added to Section I - Covered Autos Coverages, E. paragraph 1. Coverage of the Insuring agreement under Garagekeepers Coverage with respect to this endorsement only: If the Direct Coverage Option - Primary Insurance option is selected in Item Five - Garagekeepers Coverages and Premiums of the Declarations, any "loss" caused by a natural disaster such as wind, hail, flood, rising water, landslide, wildfire, earthquake or sinkhole will be covered on a legal liability basis. However, this limitation will not apply when the Direct Coverage Option - Primary Insurance is required in your contract with a vehicle manufacturer or insurance company that designates you as a "preferred repair shop" or a "direct repair facility" and the customer's "auto" is at your facility pursuant to your designation as a "preferred repair shop" or a "direct repair facility". Subparagraph 4. Exclusion a.(1) Contractual in section E. Garagekeepers Coverage shall not apply to this endorsement. It. The following definition is added with respect to this endorsement: "Preferred repair shop" or "direct repair facility" means a shop that receives patronage based on an agreement with an insurance company or vehicle manufacturer, requiring a customer to use that shop when repairs are necessary on the vehicle and such vehicle is on your premises or in your possession. All other terms and conditions of the policy remain the same. BA 98 03 04 20 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - FIREARMS OR WEAPONS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM COMMERCIAL EXCESS LIABILITY COVERAGE FORM The following exclusion is added and applies to all coverages under the coverage form. A. This insurance does not apply to "bodily injury', "property damage", "personal and advertising injury", or loss arising out of, caused by, or resulting from, in whole or in part to: 1. The ownership, maintenance, use or misuse by any insured or any other person of any "firearm"; 2. The ownership, maintenance, use or misuse B. by any insured or any other person of any object or instrument used as a "weapon", whether or not it was originally intended, created or designed to be used as a"weapon"; 3. Any act, error or omission committed by you or on your behalf in connection with the prevention or suppression of the use of: a. Any "firearm"; b. Any object or instrument used as a "weapon", whether or not it was originally intended, created or designed to be used as a "weapon"; 4. The failure of any insured, or any person or legal entity to provide an environment safe from the use of "firearms" or "weapons" whether or not such instrument, object or projectile was originally intended, created or designed to be used as a "weapon" or "firearm", including but not limited to the failure to provide adequate security, or the failure to warn of the dangers of the environment which could contribute in whole or in part to the "bodily injury", "property damage", "personal and advertising injury', or the failure to maintain the premises by you, any insured, or any person or legal entity; 5. Any failure or delay in the rendering of proper aid or assistance, reporting to proper authorities, investigating any incident, preserving of any evidence, or otherwise failing to respond properly or timely to any "occurrence" involving a "firearm" or "weapon" regardless of whether or not such instrument, object or projectile was originally intended, created or designed to be used as a "weapon" or "firearm". This exclusion applies to the foregoing and to any claim or "suit" alleging in whole or in part the foregoing: 1. Whether an act or omission is by, for, or on behalf of an insured, or at the direction of an insured, or by or at the direction of any other person or entity; 2. Whether an act or omission is on premises owned or occupied by an insured, or owned or occupied by any other person or entity; 3. Regardless of the intent or degree of culpability of any insured, or of any other person or entity; 4. Regardless of whether the use or misuse of a "firearm" or "weapon" is a direct cause, andlor a contributory cause of such "bodily injury', "property damage", "personal and advertising injury', or "injury'; 5. Regardless of the presence of other allegations in the claim or "suit" which are not excluded by the terms of this endorsement; and 6. Regardless of the legal theory of liability or damages. IL 91 01 04 20 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 1 of 2 C. The following Definitions are added: 1. "Firearm" means any pistol, rifle, gun or other device capable of expelling or propelling one or more projectiles by the action of an explosive, combustible propellant, or compressed air. 2. "Weapons" means instruments that can be or are utilized in an offensive or defensive nature. All otherterms and conditions of this policy remain the same. IL 91 01 04 20 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY — PLEASE READ IT CAREFULLY. EXCLUSION OF INJURY OR DAMAGE CAUSED BY ANIMALS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL UMBRELLA COVERAGE FORM COMMERCIAL FOLLOW FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below: (The following needs to be completed only when this endorsement is issued subsequent to inception of the policy.) Named Insured NFS Towing, LTC Endorsement Effective 01/10/2023 Policy Number K2GP422982 This insurance does not apply to: Any "bodily injury", "property damage", "personal and advertising injury" or "loss(es)" caused by or resulting from an "animal' owned by, leased or loaned to, or in the care, custody or control of any insured; "animal' means any animal kept as a pet or guard animal, or that lives in association with people, including, but not limited to, a dog, cat, horse, sheep, goat, cow, pig, or bird. All Other Terms and Conditions Remain Unchanged. AIC 99 09 03 17 Page 1 of 1 "Includes copyrighted material of Insurance Services Office, Inc. with its permission" INFLUENZA OR EPIDEMIC EXCLUSION NOTICE TO POLICYHOLDERS THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT PART OF THE POLICY. This Notice does not form a part of your insurance contract. No coverage is provided by this Notice, nor can it be construed to replace any provisions of your policy (including its endorsements). If there is any conflict between this Notice and the policy (including its endorsements), the provisions of the policy (including its endorsements) shall prevail. Carefully read your policy, including the endorsements attached to your policy. This Notice provides information concerning the following new endorsement, which applies to your new or renewal policy being issued by us: Influenza or Epidemic Exclusion This endorsement makes an explicit statement regarding a risk that is not covered under your insurance. It points out that there is no coverage for "bodily injury", "property damage", "personal and advertising injury", loss or damage, or cost or expense arising out of, caused by or resulting from, directly or indirectly any type of influenza or other epidemic or pandemic alerts or outbreaks. The exclusion in this endorsement applies to all coverages provided by your insurance policy. AIC 99 16 03 17 THIS ENDORSEMENT CHANGES THE POLICY — PLEASE READ IT CAREFULLY. TWO OR MORE COVERAGE FORMS OR POLICIES ISSUED BY US This endorsement modifies insurance provided under the following: MOTOR CARRIER COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATION LIABILITY COVERAGE FORM COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM COMMERCIAL EXCESS LIABILITY COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below: (The following needs to be completed only when this endorsement is issued subsequent to inception of the policy.) Named Insured NFS Towing, LLC Endorsement Effective 01/10/2023 Policy Number K2GP422982 The following CONDITION is added: If this Coverage Form and any other Coverage Form or policy issued to you by us or applies to the same "accident", "occurrence" or other loss, the most we will pay under all the Coverage Forms or policies we have issued to you 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 specifically to apply as excess insurance over this Coverage Form. Authorized Representative All other terms and conditions of the policy remain the same. Date AIC 99 04 04 20 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL ASBESTOS EXCLUSION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM COMMERCIALGENERAL LIABILITY COVERAGE FORM COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM COMMERCIAL EXCESS LIABILITY COVERAGE FORM The following exclusion is added and applies to all coverages under the coverage form. This insurance does not apply to: a. Any liability arising out of or which would not have occurred, in whole or in part, but for the actual, alleged ingestion, inhalation, absorption of or exposure to asbestos, asbestos products, asbestos fibers, asbestos dust or any asbestos - containing material; b. Any liability arising out of any alleged act, error, omission or duty involving asbestos, its use, presence, existence, detention, removal, elimination or avoidance; or c. Any loss, cost or expense arising out of the testing for, monitoring, cleaning up, its use, exposure, pre -removing, containing, treating, detoxifying, neutralizing, or in any way responding to or assessing the effects of asbestos, asbestos products, asbestos fibers, asbestos dust or any asbestos -containing material by any insured or any other person or organization. All otherterms and conditions of this policy remain the same. IL 91 02 04 20 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 1 of 1 IM 99 06 03 17 POLICY NUMBER SCHEDULE OF VEHICLES K2GP422982 This endorsement modifies insurance provided under the following: COMMERCIAL INLAND MARINE COVERAGE PART (The entries required to complete this schedule will be shown below or on the "schedule of coverages".) VEHICLE NO. DESCRIBED VEHICLES LIMITS 1 2022 RAM 5500 $250,000 2 2021 RAM 5500 $250,000 3 2007 KENWORTH CONSTRUCTION $250,000 4 2022 FREIGHTLINER M2 $250,000 IM 99 06 03 17 Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 1 COMMERCIAL AUTO CA23921013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON EXCLUSION OF TERRORISM This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM SINGLE INTEREST AUTOMOBILE PHYSICAL DAMAGE INSURANCE POLICY With respect to coverage provided by this endorsement, 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 terrorism, or the phrase any injury, damage, loss or expense, is 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 mechanical system; and b. When one or both of the following apply: (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, 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 and advertising injury", "loss", loss of use, rental reimbursement after "loss" or "covered pollution cost or expense", as may be defined under this Coverage Form, Policy or any applicable endorsement. B. Except 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 injury, damage, loss or expense" caused directly or indirectly by "terrorism", including action in hindering or defending against an actual or expected incident of "terrorism". 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 CA 23 92 10 13 © Insurance Services Office, Inc., 2013 Page 1 of 3 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 5. The total of insured damage to all types of property 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; or 6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision, serious physical injury means: a. Physical injury that involves a substantial risk of death; or b. Protracted and obvious physical disfigurement; 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.S. and B.6. are exceeded. With respect to this exclusion, Paragraphs B.S. 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 applies to an incident of "terrorism", there is no coverage 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 indirectly by "terrorism", including action in hindering or defending against an actual or expected incident of "terrorism". 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 5. The total of insured damage to all types of property 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 in Paragraph C.S. is exceeded. Page 2 of 3 © Insurance Services Office, Inc., 2013 CA 23 92 10 13 With respect to this exclusion, Paragraph C.S. 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, Policy or any applicable endorsement. D. In the event of any incident of "terrorism" that is not subject to the exclusion in Paragraph 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 endorsement. CA 23 92 10 13 © Insurance Services Office, Inc., 2013 Page 3 of 3 POLICY NUMBER: K2GP422982 COMMERCIAL AUTO CA 99 28 11 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. STATED AMOUNT INSURANCE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO 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. Named Insured: NFS Towing, LLC Endorsement Effective Date: 01/10/2023 SCHEDULE The insurance provided by this endorsement is reduced by the following deductible(s): Vehicle Number Coverage Limit Of Insurance And Deductible Premium See Schedule Total Premium Included NOTE: The amount shown in the Schedule or in the Declarations is not necessarily the amount you will receive at the time of 'loss" for the described property. Please refer to the Limits Of Insurance and Deductible provisions which follow. Designation Or Description Of Covered "Autos" Vehicle Number I Model Year I Trade Name And Model Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. This endorsement provides only those coverages of these coverages applies only to the vehicles where a premium is shown in the Schedule. Each shown as covered "autos". CA 99 28 11 20 © Insurance Services Office, Inc., 2019 Page 1 of 3 B. For a covered "auto" described in the Schedule, Physical Damage Coverage is amended as follows: 1. The Limits Of Insurance provision is replaced by the following: Limits Of Insurance a. The most we will pay for any one 'loss" to any one covered "auto" is the least of the following amounts: (1) The actual cash value of the damaged or stolen property as of the time of the "loss"; (2) The cost of repairing or replacing the damaged or stolen property with property of like kind and quality; or (3) The Limit Of Insurance shown in the Schedule. b. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". c. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. 2. The Deductible provision is replaced by the following: Deductible For each covered "auto", our obligation to pay: a. The actual cash value of the damaged or stolen property as of the time of the 'loss" will be reduced by the applicable deductible shown in the Schedule; b. The cost of repairing or replacing the damaged or stolen property with property of like kind and quality will be reduced by the applicable deductible shown in the Schedule; or c. The damages for "loss" that would otherwise be payable will be reduced by the applicable deductible shown in the Schedule prior to the application of the Limit Of Insurance shown in the Schedule, provided that: (1) Any Comprehensive or Specified Causes Of Loss Coverage Deductible shown in the Schedule applies only to "loss" caused by: (a) Theft or mischief or vandalism; or (b) All perils. (2) Regardless of the number of covered "autos" damaged or stolen, the maximum deductible applicable for all "loss" in any one event caused by: (a) Theft or mischief or vandalism; or (b) All perils, will be equal to five times the highest deductible applicable to any one covered "auto" on the Policy for Comprehensive or Specified Causes Of Loss Coverage. The application of the highest deductible used to calculate the maximum deductible will be made regardless of which covered "autos" were damaged or stolen in the 'loss". Page 2 of 3 © Insurance Services Office, Inc., 2019 CA 99 28 11 20 Schedule Loc. Num. Veh. Num. Coverage Limit Deductible Premium 1 Comprehensive $110,000 $1,000 Included 1 Collision $110,000 $1,000 Included 2 Comprehensive $110,000 $1,000 Included 2 Collision $110,000 $1,000 Included 3 Comprehensive $250,000 $2,000 Included 3 Collision $250,000 $2,000 Included 4 Comprehensive $110,000 $1,000 Included 4 Collision $110,000 $1,000 Included CA 99 28 11 20 © Insurance Services Office, Inc., 2019 Page 3 of 3 IL 01 23 11 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES - DEFENSE COSTS This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART — LEGAL LIABILITY COVERAGE FORM COMMERCIAL PROPERTY COVERAGE PART — MORTGAGEHOLDER'S ERRORS AND OMISSIONS COVERAGE FORM ELECTRONIC DATA LIABILITY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK COVERAGE PART A. The provisions of Paragraph B. are added to all Insuring Agreements that set forth a duty to defend under: 1. Section I of the Commercial General Liability, Commercial Liability Umbrella, Electronic Data Liability, Farm, Liquor Liability, Owners And Contractors Protective Liability, Pollution Liability, Products/Completed Operations Liability, Product Withdrawal, Medical Professional Liability, Railroad Protective Liability and Underground Storage Tank Coverage Parts, Auto Dealers Coverage Form and the Farm Umbrella Liability Policy; 2. Section II under the Auto Dealers, Business Auto and Motor Carrier Coverage Farms; 3. Section III under the Auto Dealers and Motor Carrier Coverage Forms; 4. Section A. Coverage under the Legal Liability Coverage Form; and 5. Coverage C — Mortgage holder's Liability under the Mortgageholder's Errors And Omissions Coverage Form. Paragraph B. also applies to any other provision in the policy that sets forth a duty to defend. B. If we initially defend an insured ("insured") or pay for an insured's ("insured's") defense but later determine that none of the claims ("claims"), for which we provided a defense or defense costs, are covered under this insurance, we have the right to reimbursement for the defense costs we have incurred. The right to reimbursement under this provision will only apply to the costs we have incurred after we notify you in writing that there may not be coverage and that we are reserving our rights to terminate the defense or the payment of defense costs and to seek reimbursement for defense costs. IL 01 23 11 13 © Insurance Services Office, Inc., 2013 Page 1 of 1 IL 01 46 08 10 'L►!MA-1_:_11_► lei 1-GUN [191►, I_►'►_Lei ►1_0 - 4 LO '(moo] ki I_!1I I M-► 61 All Coverage Parts included in this policy are subject to the following conditions. The conditions in this endorsement replace any similar conditions in the policy that are less favorable to the insured. A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by notifying us or the insurance producer in one of the following ways: a. Written notice by mail, fax or e-mail; b. Surrender of the policy or binder; or c. Verbal notice. Upon receipt of such notice, we will cancel this policy or any binder issued as evidence of coverage, effective on the later of the following: a. The date on which notice is received or the policy or binder is surrendered; or b. The date of cancellation requested by the first Named Insured. 2. We may cancel this policy by mailing or delivering to the first Named Insured and the first Named Insured's agent or broker written notice of cancellation, including the actual reason for the cancellation, to the last mailing address known to us, at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 45 days before the effective date of cancellation if we cancel for any other reason; except as provided in Paragraphs 3. and 4. below. 3. We may cancel the Commercial Property Coverage Part and the Capital Assets Program (Output Policy) Coverage Part, if made a part of this policy, by mailing or delivering to the first Named Insured and the first Named Insured's agent or broker written notice of cancellation at least five days before the effective date of cancellation for any structure where two or more of the following conditions exist: a. Without reasonable explanation, the structure is unoccupied for more than 60 consecutive days, or at least 65% of the rental units are unoccupied for more than 120 consecutive days, unless the structure is maintained for seasonal occupancy or is under construction or repair; b. Without reasonable explanation, progress toward completion of permanent repairs to the structure has not occurred within 60 days after receipt of funds following satisfactory adjustment or adjudication of loss resulting from a fire; c. Because of its physical condition, the structure is in danger of collapse; d. Because of its physical condition, a vacation or demolition order has been issued for the structure, or it has been declared unsafe in accordance with applicable law; e. Fixed and salvageable items have been removed from the structure, indicating an intent to vacate the structure; f. Without reasonable explanation, heat, water, sewer and electricity are not furnished for the structure for 60 consecutive days; or g. The structure is not maintained in substantial compliance with fire, safety and building codes. IL 01 46 08 10 © Insurance Services Office, Inc., 2010 Page 1 of 4 4. If: a. You are an individual; b. A covered auto you own is of the "private passenger type"; and c. The policy does not cover garage, automobile sales agency, repair shop, service station or public parking place operations hazards; we may cancel the Commercial Automobile Coverage Part by mailing or delivering to the first Named Insured and the first Named Insured's agent or broker written notice of cancellation, including the actual reason for cancellation, to the last mailing address known to us: a. At least 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. At least 10 days before the effective date of cancellation for any other reason if the policy is in effect less than 30 days; or c. At least 20 days before the effective date of cancellation for other than nonpayment if the policy is in effect 30 days or more; or d. At least 20 days before the effective date of cancellation if the policy is in effect for 60 days or more or is a renewal or continuation policy, and the reason for cancellation is that your driver's license or that of any driver who customarily uses a covered "auto" has been suspended or revoked during policy period. 5. We will also mail or deliver to any mortgage holder, pledgee or other person shown in this policy to have an interest in any loss which may occur under this policy, at their last mailing address known to us, written notice of cancellation, prior to the effective date of cancellation. If cancellation is for reasons other than those contained in Paragraph A.3. above, this notice will be the same as that mailed or delivered to the first Named Insured. If cancellation is for a reason contained in Paragraph A.3. above, we will mail or deliver this notice at least 20 days prior to the effective date of cancellation. 6. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 7. 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 will be at least 90% of the pro rata refund unless the following applies: a. For Division Two — Equipment Breakdown, if the first Named Insured cancels, the refund will be at least 75% of the pro rata refund. b. If: (1) You are an individual; (2) A covered auto you own is of the "private passenger type"; (3) The policy does not cover garage, automobile sales agency, repair shop, service station or public parking place operations hazards; and (4) The first Named Insured cancels; the refund will be not less than 90% of any unearned portion not exceeding $100, plus 95% of any unearned portion over $100 but not exceeding $500, and not less than 97% of any unearned portion in excess of $500. The cancellation will be effective even if we have not made or offered a refund. S. If notice is mailed, proof of mailing will be sufficient proof of notice. B. Changes The policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations 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 records as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspection 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. Page 2 of 4 © Insurance Services Office, Inc., 2010 IL 01 46 08 10 0 2. We are not obligated to make any inspections, surveys, reports or recommendations, and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake 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 recommendations we may make relative to certification, under state or municipal statutes, ordinances or regulations, of boilers, pressure vessels or elevators. E. Premiums The first Named Insured shown in the Declarations: 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 Insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. G. Nonrenewal 1. We may elect not to renew this policy by mailing or delivering written notice of nonrenewal, stating the reasons for nonrenewal, to the first Named Insured and the first Named Insured's agent or broker, at their last mailing addresses known to us. We will also mail to any mortgage holder, pledgee or other person shown in this policy to have an interest in any loss which may occur under this policy, at their last mailing address known to us, written notice of nonrenewal. We will mail or deliver these notices at least 45 days before the: a. Expiration of the policy; or b. Anniversary date of this policy if this policy has been written for a term of more than one year. Otherwise, we will renew this policy unless: a. The first Named Insured fails to pay the renewal premium after we have expressed our willingness to renew, including a statement of the renewal premium, to the first Named Insured and the first Named Insured's insurance agent or broker, at least 20 days before the expiration date; b. Other coverage acceptable to the insured has been procured prior to the expiration date of the policy; or c. The policy clearly states that it is not renewable and is for a specific line, subclassification, or type of coverage that is not offered on a renewable basis. 2. If: a. You are an individual; b. A covered auto you own is of the "private passenger type"; and c. The policy does not cover garage, automobile sales agency, repair shop, service station or public parking place operations hazards; IL 01 46 08 10 © Insurance Services Office, Inc., 2010 Page 3 of 4 13 the following applies to nonrenewal of the Commercial Automobile Coverage Part in place of G.1.: a. We may elect not to renew or continue this policy by mailing or delivering to you and your agent or broker written notice at least 20 days before the end of the policy period, including the actual reason for nonrenewal. If the policy period is more than one year, we will have the right not to renew or continue it only at an anniversary of its original effective date. If we offer to renew or continue and you do not accept, this policy will terminate at the end of the current policy period. Failure to pay the required renewal or continuation premium when due shall mean that you have not accepted our offer. b. We will not refuse to renew Liability Coverage or Collision Coverage solely because an "insured" has submitted claims under Comprehensive Coverage or Towing And Labor Coverage. c. If we fail to mail or deliver proper notice of nonrenewal and you obtain other insurance, this policy will end on the effective date of that insurance. Page 4 of 4 © Insurance Services Office, Inc., 2010 IL 01 46 08 10 0 IL01980908 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY 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: B. Under any Medical Payments Coverage, to A. Under any Liability Coverage, to "bodily injury" expenses incurred with respect to "bodily in - or "property damage": jury" resulting from the "hazardous properties" of "nuclear material" and arising out of the op- (1) With respect to which an "insured" under eration of a "nuclear facility" by any person or the policy is also an insured under a nu- organization. clear energy liability policy issued by Nu- clear Energy Liability Insurance Associa- C. Under any Liability Coverage, to "bodily injury" tion, Mutual Atomic Energy Liability Under- or "property damage" resulting from "hazard - writers, Nuclear Insurance Association of ous properties" of "nuclear material", if: Canada or any of their successors, or (1) The "nuclear material" (a) is at any "nuclear would be an insured under any such policy facility" owned by, or operated by or on be - but for its termination upon exhaustion of its half of, an "insured" or (b) has been dis- limit of liability; or charged or dispersed therefrom; (2) Resulting from the "hazardous properties" (2) The "nuclear material" is contained in of "nuclear material" and with respect to "spent fuel" or "waste" at any time pos- which (a) any person or organization is re- sessed, handled, used, processed, stored, quired to maintain financial protection pur- transported or disposed of, by or on behalf suant to the Atomic Energy Act of 1954, or of an "insured"; or any law amendatory thereof, or (b) the "in- (3) The "bodily injury" or "property damage" sured" is, or had this policy not been issued arises out of the furnishing by an "insured" would be, entitled to indemnity from the of services, materials, parts or equipment in United States of America, or any agency connection with the planning, construction, thereof, under any agreement entered into maintenance, operation or use of any "nu - by the United States of America, or any clear facility", but if such facility is located agency thereof, with any person or organi- within the United States of America, its terri- zation. tories or possessions or Canada, this Ex- clusion (3) applies only to "property dam- age" to such "nuclear facility" and any prop- erty thereat. IL 01 98 09 08 ©ISO Properties, Inc., 2007 Page 1 of 2 13 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"; "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 concentration of ura- nium or thorium from any ore processed primarily for its "source material' content, and (b) resulting from the operation by any person or organization of any "nuclear facility" included under the first two para- graphs of the definition of "nuclear facility". "Nuclear facility" means: (a) Any "nuclear reactor"; (b) Any equipment or device designed or used for (1) separating the isotopes of uranium or plu- tonium, (2) processing or utilizing "spent fuel', or (3) handling, processing or packaging "waste"; (c) Any equipment or device used for the process- ing, 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 plutonium 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 dis- posal 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 fission- able material; "Property damage" includes all forms of radioactive contamination of property. Page 2 of 2 ©ISO Properties, Inc., 2007 IL 01 98 09 08 0 COMMERCIAL AUTO CA 01 35 02 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES For a covered "auto" licensed or principally garaged in, or for "auto dealer operations" conducted in, Washington, this endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO 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. A. Changes In Covered Autos Liability Coverage The Employee Indemnification And Employer's Liability Exclusion applies only to "bodily injury" to any "employee" of the "insured" whose employment is not subject to the Industrial Insurance Act of Washington (Washington Revised Code Title 51). With respect to "bodily injury" to "employees" of the "insured" whose employment is subject to the Industrial Insurance Act of Washington, the Employee Indemnification And Employer's Liability Exclusion is replaced by the following: Employee Indemnification And Employer's Liability This insurance does not apply to "bodily injury" to: a. An "employee" of the "insured" arising out of and in the course of: (1) Employment by the "insured"; or (2) Performing duties related to the conduct of the "insured's" business; or b. Any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to "bodily injury" to domestic "employees" not entitled to workers' compensation benefits or to liability assumed by the "insured" under an "insured contract". A domestic "employee" is a person engaged in household or domestic work performed principally in connection with a residence premises. B. Changes In Physical Damage Coverage 1. The lead-in to Paragraph B.I. in the Business Auto and Motor Carrier Coverage Forms and Paragraph F.3.a. in the Auto Dealers Coverage Form is replaced by the following: We will not pay for "loss" caused directly or indirectly by any of the following: 2. The Limit Of Insurance provision with respect to repair or replacement resulting in better than like kind or quality is replaced by the following and supersedes any provision to the contrary: We may deduct for betterment for parts normally subject to repair and replacement during the useful life of the "auto". In this event, deductions shall be limited to the lesser of: a. An amount equal to the proportion that the expired life of the part to be repaired or replaced bears to the normal useful life of that part; or b. The amount by which the resale value of the "auto" is increased from the repair or replacement. 3. The following is added to the Limit Of Insurance provision: We will not pay for a "loss" which is paid under Underinsured Motorists Coverage. CA 01 35 02 21 © Insurance Services Office, Inc., 2020 Page 1 of 3 C. Changes In Garagekeepers Coverage If Garagekeepers Coverage in the Auto Dealers Coverage Form is selected or if the Garagekeepers Coverage endorsement or the Garagekeepers Coverage — Customers' Sound Receiving Equipment endorsement is attached, then the exclusion which refers to declared or undeclared war or insurrection is replaced by the following: We will not pay for "loss" arising directly or indirectly out of the following: 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. Changes In General Liability Coverages With respect to the Auto Dealers Coverage Form: 1. Exclusion 2.d. Employee Indemnification And Employer's Liability under Paragraph A. Bodily Injury And Property Damage Liability applies only to "bodily injury" to any "employee" of the "insured" whose employment is not subject to the Industrial Insurance Act of Washington (Washington Revised Code Title 51). 2. With respect to "bodily injury" to "employees" of the "insured" whose employment is subject to the Industrial Insurance Act of Washington, Exclusion 2.d. Employee Indemnification And Employer's Liability under Paragraph A. Bodily Injury And Property Damage Liability is replaced with the following: d. Employee Indemnification And Employer's Liability Exclusion This insurance does not apply to "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 This exclusion does not apply to liability assumed by the "insured" under an "insured contract". 3. Paragraphs 5.a.(1), (2) and (3) of the Who Is An Insured provision apply only to "employees" of the "insured" whose employment is not subject to the Industrial Insurance Act of Washington (Washington Revised Code Title 51). 4. With respect to "employees" of the "insured" whose employment is subject to the Industrial Insurance Act of Washington, Paragraph 5.a. of the Who Is An Insured provision is replaced by the following: a. "Bodily injury" or "personal and advertising injury": (1) To you (if you are an individual), your partners (if you are a partnership), your members (if you are a limited liability company) or a fellow "employee" of the "insured" while in the course of his or her employment or while performing duties related to the conduct of your "auto dealer operations"; (2) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1) above; or (3) Arising out of his or her providing or failing to provide professional health care services. E. Changes In Conditions 1. The Appraisal For Physical Damage Loss Condition is replaced by the following: 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 appraisers 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. (2) Any obligation to share damages with or Neither we nor you shall be held to have repay someone else who must pay waived any rights by any act relating to damages because of the injury. appraisal. Page 2 of 3 © Insurance Services Office, Inc., 2020 CA 01 35 02 21 2. The Transfer Of Rights Of Recovery Against Others To Us Condition is replaced by the following; Transfer Of Rights Of Recovery Against Others To Us a. 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 for that payment. That person or organization must do everything necessary to secure our rights and must do nothing after "accident' or "loss" to impair them. b. We are entitled to a recovery only after the person or organization has been fully compensated for damages by another party. 3. The following is added to the Legal Action Against Us Condition: If this action is brought pursuant to Sec. 3 of RCW 48.30, then 20 days prior to filing such an action, you are required to provide written notice of the basis for the cause of action to us and the Office of the Insurance Commissioner. Such notice may be sent by regular mail, registered mail, or certified mail with return receipt requested. F. Changes In Trailer Interchange Coverage If Trailer Interchange Coverage in the Motor Carrier Coverage Form applies, or if the Trailer Interchange Coverage endorsement is attached, the lead-in to Paragraph 1. under B. Exclusions is replaced by the following: 1. We will not pay for "loss" arising directly or indirectly out of the following: CA 01 35 02 21 © Insurance Services Office, Inc., 2020 Page 3 of 3 POLICY NUMBER: x2GP422982 COMMERCIAL AUTO CA 21 34 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON UNDERINSURED MOTORISTS COVERAGE For a covered "auto" licensed or principally garaged in, or for "auto dealer operations" conducted in, Washington, this endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO 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. Named Insured: NFS Towing, TLC Endorsement Effective Date:01/10/2023 SCHEDULE "Bodily Injury" And "Property Damage": N/A Each "Accident" Or "Bodily Injury": $100, 000 Each "Accident" This endorsement provides "bodily injury" and "property damage" Underinsured Motorists Coverage unless an "X" is entered below: ® If an "X" is entered in this box, this endorsement provides "bodily injury" Underinsured Motorists Coverage only for the following "autos": Description Of "Autos": See Schedule 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" or "property damage" 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". CA 21 34 10 13 [ 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 for damages he or she is entitled to recover because of "bodily injury" sustained by another "insured". 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. The Named Insured for "property damage" only. C. Exclusions This insurance does not apply to: 1. The benefit of any insurer or self -insurer under any workers' compensation law or any similar disability benefits law. 2. The benefit of any insurer of property. 3. "Bodily injury" sustained by: a. An individual Named Insured while "occupying" any vehicle owned by that Named Insured or made available for that Named Insured's regular use that is not a covered "auto" for Covered Autos Liability Coverage under this Coverage Form; b. Any "family member" while "occupying" any vehicle owned by that "family member" or available for that "family member's" regular use that is not a covered "auto" for Covered Autos Liability Coverage under this Coverage Form; or 5. The first $300 of the amount of "property damage" to the property of each "insured" as the result of any one "accident" caused by a hit-and-run vehicle as described in Paragraph 5.d. of the definition of "underinsured motor vehicle". In all other cases, this insurance does not apply to the first $100 of the amount of "property damage" to the property of each "insured" as the result of any one "accident". 6. Anyone using a vehicle without a reasonable belief that the person is entitled to do so. 7. "Bodily injury" or "property damage" to an "insured" while operating or "occupying" a motorcycle or motor driven cycle which is not a covered "auto" for Covered Autos Liability Coverage under this Coverage Form. 8. Punitive or exemplary damages. 9. "Bodily injury" or "property damage" 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 shown in the Schedule or in the Declarations. c. Any "family member" while "occupying" any 2. vehicle owned by the Named Insured or made available for the Named Insured's regular use that is insured for Liability Coverage on a primary basis under any other Coverage Form or policy. 4. Property contained in or struck by any vehicle owned by or available for the regular use of the Named Insured or any "family member", if the Named Insured is an individual, which is not a covered "auto" for Covered Autos Liability Coverage under this Coverage Form. Page 2 of 6 No one will be entitled to receive duplicate payments for the same elements of "loss" under this Coverage Form and any Liability Coverage form, Medical Payments Coverage endorsement or Personal Injury Protection Coverage endorsement attached to this Coverage Part. 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. E. Changes In Conditions The Conditions are changed for Washington Underinsured Motorists Coverage as follows: 1. Other Insurance in the Auto Dealers and Business Auto Coverage Forms and Other Insurance — Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form 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. CA 21 34 10 13 [ 2. Duties In The Event Of Accident, Claim, Suit Or Loss in the Business Auto and Motor Carrier Coverage Forms and Duties In The Event Of Accident, Claim, Offense, Suit, Loss Or Acts, Errors Or Omissions in the Auto Dealers Coverage Form are changed by adding the following: a. A person seeking Underinsured Motorists Coverage must also promptly notify us in writing of a tentative settlement between the "insured" and the insurer of an "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 does not apply if failure to notify us does not prejudice our right to recover payment from the person legally responsible for the "accident". 3. Legal Action Against Us is replaced by the following: Legal Action Against Us a. No one may bring a legal action against us under this Coverage Form until there has been full compliance with all the terms of this Coverage Form. b. Any legal action against us under this Coverage Form must be brought within one year after the date on which the cause of action accrues. If this action is brought pursuant to Sec. 3 of RCW 48.30, then 20 days prior to filing such an action, you are required to provide written notice of the basis for the cause of action to us and the Office of the Insurance Commissioner. Such notice may be sent by regular mail, registered mail or certified mail with return receipt requested. 4. Transfer Of Rights Of Recovery Against Others To Us is changed by adding the following: 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. We shall be entitled to recovery only after the "insured" has been fully compensated for damages. Our rights do not apply under this provision with respect to damages caused by an "accident" with an "underinsured motor vehicle" if we: a. Have been given prompt 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: (1) That payment will be separate from any amount the "insured" is entitled to recover under the provisions of Underinsured Motorists Coverage; and (2) We also have a right to recover the advanced payment. 5. 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. We will pay all arbitration expenses. Arbitration expenses will not include the "insured's" attorney's fees or any expenses incurred in producing evidence or witnesses. Page 4 of 6 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. "Property damage" means injury to or destruction of the property of an "insured". 2. "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. 3. "Occupying" means in, upon, getting in, on, out or off. 4. "Suit" means a civil proceeding in which: a. Damages because of "bodily injury" or "property damage"; or b. A "covered pollution cost or expense" to which this insurance applies, are alleged. "Suit" includes: (1) An arbitration proceeding in which such damages or "covered pollution costs or expenses" are claimed; or (2) Any other alternative dispute resolution proceeding in which such damages or "covered pollution costs or expenses" are claimed. 5. "Underinsured motor vehicle" means a land motor vehicle or "trailer": a. For which no liability bond or policy applies at the time of an "accident"; or b. For which liability bonds or policies apply at the time of the "accident", but the amount paid under all of the bonds or policies to an "insured" is not enough to pay the full amount an "insured" is legally entitled to recover as damages caused by the "accident"; or c. For which all insuring or bonding companies deny coverage or are or become insolvent; or d. That is a hit-and-run vehicle and neither the driver nor owner can be identified. The vehicle must either: (1) Hit an "insured", a covered "auto" or a vehicle an "insured" is "occupying"; or (2) Cause "bodily injury" or "property (2) Owned by a governmental unit or damage" with no physical contact with agency. This provision does not apply if the "insured" or the vehicle the "insured" the governmental unit or agency is was "occupying" at the time of the unable to pay damages because of "accident", provided: financial inability or insolvency. (a) The facts of the "accident" can be 6. Whenever the terms "uninsured motorists corroborated by competent evidence coverage" or "uninsured motor vehicle" appear other than the testimony of any in the Coverage Form or any endorsements person having an underinsured attached to the Coverage Form, they are motorists coverage claim as a result replaced by the terms "underinsured motorists of such "accident"; and coverage" and "underinsured motor vehicle" for (b) Someone reports the "accident" to covered "autos" licensed in, or "auto dealer the police within 72 hours of the operations" conducted in, Washington. "accident". However, "underinsured motor vehicle" does not include any vehicle: (1) For which the Covered Autos Liability Coverage of this Coverage Form applies. However, if the Named Insured is an individual and that Named Insured or any "family member" sustains damages while "occupying", or when struck by, an "auto" which is a covered "auto" for Covered Autos Liability Coverage under this Coverage Form, this exception to this definition of an "underinsured motor vehicle" does not apply to that Named Insured or any such "family member". CA 21 34 10 13 [ Washington Underinsured Motorists Coverage Extension Schedule POLICY NUMBER 101/10/2023 EFFECTIVE DATE K2GP4229$2 NAMED INSURED NFS Towing, LLC LOC, Veh. B.I. & P.D. B.I. Description 1 N/A $100,000 2022 RAM 5500 3C7WRNAL4NG217725 2 N/A $100,000 2021 RAM 5500 3C7WRNEL5MG601991 3 N/A $100,000 2007 KENW CONS 1NKDL49X07J177747 4 N/A $100,000 2022 FREI M2 IFVACWFCXNHNG3047 Page 6 of 6 COMMERCIAL AUTO CA99031013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO MEDICAL PAYMENTS COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO 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. A. Coverage We will pay reasonable expenses incurred for necessary medical 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. 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. CA 99 03 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 2 "Bodily injury" to anyone using a vehicle without a reasonable belief that the person is entitled to do so. "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 Conditions are changed for Auto Medical Payments Coverage as follows: 1. The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply. 2. The reference in Other Insurance in the Auto Dealers and Business Auto Coverage Forms and Other Insurance — Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form 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. Page 2 of 2 © Insurance Services Office, Inc., 2011 CA 99 03 10 13 POLICY NUMBER: K2GP922982 COMMERCIAL AUTO CA99371013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GARAGEKEEPERS COVERAGE This endorsement modifies insurance provided under the following: BUSINESS AUTO 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. Named Insured: NFs Towing, LLc Endorsement Effective Date: 01/10/2023 SCHEDULE Location Number Address Where You Conduct Garage Operations (Main Location) 001 33029 Pacfic Hwy South Federal Way, WA 98003 Coverages Limit Of Insurance And Deductible Premium Comprehensive Limit Of Insurance Included Deductible For Each Customer's Auto For Loss Caused By Theft Or Mischief Or Vandalism Maximum Deductible For Loss Caused By Theft Or Mischief Or Vandalism In Any One Event OR $250, 000 Limit Of Insurance $500 Deductible For All Perils For Each Customer's Auto $2, 500 Maximum Deductible For All Loss In Any One Event Specified Limit Of Insurance Causes Of Loss Deductible For Each Customer's Auto For Loss Caused By Theft Or Mischief Or Vandalism Maximum Deductible For Loss Caused By Theft Or Mischief Or Vandalism In Any One Event OR Limit Of Insurance Deductible For All Perils For Each Customer's Auto Maximum Deductible For All Loss In Any One Event Collision $250, 000 Limit Of Insurance Included $500 Deductible For Each Customer's Auto CA 99 37 10 13 ©Insurance Services Office, Inc., 2011 Page 1 of 6 Location Number Address Where You Conduct Garage Operations 002 3202 C St NE Auburn, WA 98002 Coverages Limit Of Insurance And Deductible Premium Comprehensive Limit Of Insurance Included Deductible For Each Customer's Auto For Loss Caused By Theft Or Mischief Or Vandalism Maximum Deductible For Loss Caused By Theft Or Mischief Or Vandalism In Any One Event OR $250, 000 Limit Of Insurance $500 Deductible For All Perils For Each Customer's Auto $2, 500 Maximum Deductible For All Loss In Any One Event Specified Limit Of Insurance Causes Of Loss Deductible For Each Customer's Auto For Loss Caused By Theft Or Mischief Or Vandalism Maximum Deductible For Loss Caused By Theft Or Mischief Or Vandalism In Any One Event OR Limit Of Insurance Deductible For All Perils For Each Customer's Auto Maximum Deductible For All Loss In Any One Event Collision $250, 000 Limit Of Insurance Included $500 Deductible For Each Customer's Auto Total Premium For All Locations see next Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Page 2 of 6 ©Insurance Services Office, Inc., 2011 CA 99 37 10 13 Location Number Address Where You Conduct Garage Operations 003 1924 S. 341st Place Federal Way, WA 98003 Coverages Limit Of Insurance And Deductible Premium Comprehensive Limit Of Insurance Included Deductible For Each Customer's Auto For Loss Caused By Theft Or Mischief Or Vandalism Maximum Deductible For Loss Caused By Theft Or Mischief Or Vandalism In Any One Event OR $250, 000 Limit Of Insurance $500 Deductible For All Perils For Each Customer's Auto $2, 500 Maximum Deductible For All Loss In Any One Event Specified Limit Of Insurance Causes Of Loss Deductible For Each Customer's Auto For Loss Caused By Theft Or Mischief Or Vandalism Maximum Deductible For Loss Caused By Theft Or Mischief Or Vandalism In Any One Event OR Limit Of Insurance Deductible For All Perils For Each Customer's Auto Maximum Deductible For All Loss In Any One Event Collision $250, 000 Limit Of Insurance Included $500 Deductible For Each Customer's Auto Total Premium For All Locations Included Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Page 3 of 6 ©Insurance Services Office, Inc., 2011 CA 99 37 10 13 Direct Coverage Options Indicate below with an X' which, if any, Direct Coverage Option is selected. ❑ Excess Insurance If this box is checked, Garagekeepers Coverage remains applicable on a legal liability basis. However, coverage also applies without regard to your or any other "insured's" legal liability for "loss" to a "customer's auto" on an excess basis over any other collectible insurance regardless of whether the other insurance covers your or any other "insured's" interest or the interest of the "customer's auto's" owner. ❑ Primary Insurance If this box is checked, Garagekeepers Coverage is changed to apply without regard to your or any other "insured's" legal liability for "loss" to a "customer's auto" and is primary insurance. A. This endorsement provides only those coverages: 2. We will have the right and duty to defend any 1. Where a Limit Of Insurance and a premium are "insured" against a "suit" asking for these shown for that coverage in the Schedule; and damages. However, we have no duty to defend any "insured" against a "suit" seeking damages 2. For the location shown in the Schedule. for "loss" to which this insurance does not B. Coverage apply. We may investigate and settle any claim 1. We will pay all sums the "insured" legally must or "suit" as we consider appropriate. Our duty pay as damages for "loss" to a "customer's to defend or settle ends for a coverage when auto" or "customer's auto" equipment left in the the Limit of Insurance for that coverage has "insured's" care while the "insured" is been exhausted by payment of judgments or attending, servicing, repairing, parking or settlements. storing it in your "garage operations" under: 3. Who Is An Insured a. Comprehensive Coverage The following are "insureds" for "loss" to From any cause except: "customer's autos" and "customer's auto" equipment: (1) The "customer's auto's" collision with another object; or a. You. (2) The "customer's auto's" overturn. b. Your partners and their spouses, if you are a partnership, but only with respect to the b. Specified Causes Of Loss Coverage conduct of your "garage operations". Caused by: c. Your members, if you are a limited liability (1) Fire, lightning or explosion; company, but only with respect to the (2) Theft; or conduct of your "garage operations". Your "insureds", managers are also but only with (3) Mischief or vandalism. respect to their duties as your managers. c. Collision Coverage d. Your "executive officers" and directors, if Caused by: you are an organization other than a partnership or limited liability company, but (1) The "customer's auto's" collision with only with respect to their duties as your another abject; or officers or directors. Your stockholders are (2) The "customer's auto's" overturn. also "insureds", but only with respect to their liability as stockholders. CA 99 37 10 13 ©Insurance Services Office, Inc., 2011 Page 4 of 6 e. Your "employees", other than either your "executive officers" (if you are an organization other than a partnership or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of employment by you or while performing their duties related to the conduct of your "garage operations". 4. Coverage Extensions The following applies as Supplementary Payments. We will pay for the "insured": a. All expenses we incur. b. The costs of bonds to release attachments in any "suit" against an "insured" we defend, but only for bond amounts within our Limit of Insurance. c. All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $250 a day because of time off from work. d. All court costs taxed against the "insured" in any "suit" against an "insured" we defend. However, these payments do not include attorneys' fees or attorneys' expenses taxed against the "insured". e. All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against an "insured" we defend; but our duty to pay interest 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. C. Exclusions 1. This insurance does not apply to any of the following: a. Contractual Liability resulting from any contract or agreement by which the "insured" accepts responsibility for "loss". But this exclusion does not apply to liability for "loss" that the "insured" would have in the absence of the contract or agreement. b. Theft "Loss" due to theft or conversion caused in any way by you, your "employees" or by your stockholders. c. Defective Parts Defective parts or materials. d. Faulty Work Faulty "work you performed". 2. We will not pay for "loss" to any of the following: a. Tape decks or other sound -reproducing equipment unless permanently installed in a "customer's auto". b. Tapes, records or other sound -reproducing devices designed for use with sound - reproducing equipment. c. Sound -receiving equipment designed for use as a citizens band radio, two-way mobile radio or telephone or scanning monitor receiver, including its antennas and other accessories, unless permanently installed in the dash or console opening normally used by the "customer's auto" manufacturer for the installation of a radio. d. Any device designed or used to detect speed -measuring equipment, such as radar or laser detectors and any jamming apparatus intended to elude or disrupt speed -measuring equipment. 3. We will not pay for "loss" caused by or resulting from the following. Such "loss" is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the "loss": 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. Limits Of Insurance And Deductibles 1. Regardless of the number of "customer's autos", "insureds", premiums paid, claims made or "suits" brought, the most we will pay for each "loss" at each location is the Garagekeepers Coverage Limit Of Insurance shown in the Schedule for that location. Prior to the application of this limit, the damages for "loss" that would otherwise be payable will be reduced by the applicable deductibles for "loss" caused by: a. Collision; or Page 5 of 6 0 Insurance Services Office, Inc., 2011 CA 99 37 10 13 b. With respect to Garagekeepers Coverage Comprehensive or Specified Causes Of Loss Coverage: (1) Theft or mischief or vandalism; or (2) All perils. 2. The maximum deductible stated in the Schedule for Garagekeepers Coverage Comprehensive or Specified Causes Of Loss Coverage is the most that will be deducted for all "loss" in any one event caused by: a. Theft or mischief or vandalism; or b. All perils. 3. To settle a claim or "suit", we may pay all or any part of the deductible. If this happens you must reimburse us for the deductible or that part of the deductible that we paid. E. Additional Definitions As used in this endorsement: 1. "Customer's auto" means a land motor vehicle, "trailer" or semitrailer lawfully within your possession for service, repair, storage or safekeeping, with or without the vehicle owner's knowledge or consent. A "customer's auto" also includes any such vehicle left in your care by your "employees" and members of their households who pay for services performed. 2. "Loss" means direct and accidental loss or damage and includes any resulting loss of use. 3. "Garage operations" means the ownership, maintenance or use of locations for the purpose of a business of selling, servicing, repairing, parking or storing "customer's autos" and that portion of the roads or other accesses that adjoin these locations. "Garage operations" also includes all operations necessary or incidental to the performance of garage operations. 4. "Work you performed" includes: a. Work that someone performed on your behalf; and b. The providing of or failure to provide warnings or instructions. CA 99 37 10 13 ©Insurance Services Office, Inc., 2011 Page 6 of 6 WA UM 0001 03 17 WASHINGTON UNDERINSURED MOTORISTS COVERAGE SELECTION/REJECTION Policy Number: K2GP422982 Policy Effective Date: 01/10/2023 Company: AmGUARD Insurance Company Producer: KBK Insurance Group, a Division of NSM Insurance Group Applicant/Named Insured: NFS Towing, LLC Washington law permits you to make certain decisions regarding Underinsured Motorists Coverage. This document describes this coverage and the options available. You should read this document carefully and contact us or your agent if you have any questions regarding Underinsured Motorists Coverage and your options with respect to this coverage. This document includes general descriptions of coverage. However, no coverage is provided by this document. You should read your policy and review your Declarations page(s) andlor Schedule(s) for complete information on the coverages you are provided. UNDERINSURED MOTORISTS COVERAGE Underinsured Motorists Coverage provides insurance protection to an insured for compensatory damages which the insured is legally entitled to recover from the owner or operator of an underinsured motor vehicle because of bodily injury or property damage caused by an automobile accident. Also included are damages due to bodily injury or property damage that result from an automobile accident with a hit-and-run vehicle whose owner or operator cannot be identified. Unless rejected in whole or in part, Underinsured Motorists Coverage will be provided at limits equal to your policy's Combined Single Limits for Liability Coverage. Property Damage Underinsured Motorists Coverage need only be issued in conjunction with Bodily Injury Underinsured Motorists Coverage, unless you reject this coverage. Please indicate your choice from A., B. or C. as follows: WA UM 0001 03 17 Includes copyrighted material of ISO, Inc., used with its permission Page 1 of 4 A. Selection Of Bodily Injury AND Property Damage Underinsured Motorists Coverage Limits Please indicate your choice from 1. OR 2. as follows: Please note that we only offer Underinsured Motorists Coverage limits up to the Liability Coverage limits of your policy, even though higher limits may appear below. Combined Single Limit (Initials) a. I select Bodily Injury AND Property Damage Underinsured Motorists Coverage at limits equal to my Combined Single Limit for Liability Coverage; OR (Initials) b. I reject Bodily Injury AND Property Damage Underinsured Motorists Coverage at limits equal to my Liability Coverage Combined Single Limit for Liability Coverage and select from the following: (Choose one:) Initials Combined Single Limit $ 60,000 75,000 100,000 200,000 250,000 300,000 350,000 500,000 1,000,000 (Other) Signature Of Applicant/Named Insured Date Page 2 of 4 Includes copyrighted material of ISO, Inc., used with its permission WA UM 0001 03 17 B. Rejection Of Property Damage Underinsured Motorists Coverage And Selection Of Bodily Injury Underinsured Motorists Coverage Only Please indicate your choice by initialing next to the appropriate item(s) in 1. OR 2. and signing below. Please note that we only offer Bodily Injury Underinsured Motorists Coverage limits up to the Liability Coverage limits of your policy, even though higher limits may appear below. OR (Initials) (Initials) 1. 1 reject Property Damage Underinsured Motorists Coverage and select ONLY Bodily Injury Underinsured Motorists Coverage at limits equal to my Bodily Injury Combined Single Limit for Liability Coverage; 2. 1 reject Property Damage Underinsured Motorists Coverage and select ONLY Bodily Injury Underinsured Motorists Coverage at the following limit(s) which are lower than the limits of my Liability Coverage: (Choose one:) Combined Single (Initials) Limit $ 50,000 60,000 75,000 100,000 200,000 250,000 300,000 350,000 500,000 1,000,000 (Other) WA UM 0001 03 17 Includes copyrighted material of ISO, Inc., used with its permission Page 3 of 4 In order to provide for an informed decision of the potential consequences of rejecting underinsured motorist coverage; the undersigned acknowledges that by rejecting underinsured motorist coverage there is exposure to the risk of not being sufficiently insured for injury and/or damages when involved in an accident with a driver of an underinsured vehicle. Signature Of Applicant/Named Insured Date C. Rejection Of Bodily Injury AND Property Damage Underinsured Motorists Coverage If you wish to reject Bodily Injury Underinsured Motorists Coverage and Property Damage Underinsured Motorists Coverage, you may do so by initialing and signing below. (Initials) I reject Bodily Injury AND Property Damage Underinsured Motorists Coverage. In order to provide for an informed decision of the potential consequences of rejecting underinsured motorist coverage; the undersigned acknowledges that by rejecting underinsured motorist coverage there is exposure to the risk of not being sufficiently insured for injury and/or damages when involved in an accident with a driver of an underinsured vehicle. Signature Of Applicant/Named Insured Date Page 4 of 4 Includes copyrighted material of ISO, Inc., used with its permission WA UM 0001 03 17 Insuronce Group 1425 Sams Avenue Harahan, LA 70123 800-229-5927 RE: Claims Reporting for KBK Insurance Group, Inc. KBK Insurance Group, Inc is proud to announce our partnership with North American Risk Services, Inc. All claims will be reported to North American Risk Services, Inc. (NARS). NARS toll free phone number: 800-315-6090 NARS toll free fax: 866-261-8507 (Please indicate NEW CLAIM when faxing) NARS mailing address: PO Box 945055, Maitland, FL 32794-5055 NARS physical address: 2600 Westhall Lane, Maitland, FL 32794 NARS web site: www.narisk.com Email address for new claims: Reportaclaim(a,narisk.com After hour reports can be made via the NARS toll free lines with prompts to report a loss. If you have any questions regarding NARS, please feel free to call Ken Murray or Kyle Murray. Sincerely, Ken Murray Kyle Murray NA R S® Rrvices Third Pony Mi., Adminisrrarian Hello, MW Insurance Group North American Risk Services, Inc. (NARS) is the third -party claims administrator far your company. Our team is available to assist you with your loss or injury 24 hours a day, 7 days a week. Enclosed is a Loss Report form that should be placed in each of your units. The kits provide drivers with the information needed to properly report a claim in the event of an accident, however, any form with required information is acceptable. It is critical that drivers report claims promptly with as much information as possible including, but not limited to: • Year, make, model of all vehicles involved • Vehicle class and vehicle ID number of your unit (if applicable) • Names and contact information for accident parties • Names and contact information for witnesses Claims may be reported in the following ways: • Phone: (800) 315-6090 • Internet: narisk.com/report-a-claim/ • E-mail. reportaclaim@narisk.com Prompt reporting of claims has been proven to reduce claim costs. Contact us immediately if a claim involves significant property damage or there is any indication of bodily injuries. If you require additional accident report kits, or have questions regarding completion of the forms, please do not hesitate to contact our office at (800) 315-6090. Please review this information with each of your drivers and instruct them on proper claim reporting techniques. Enclosures: Loss Report Form Scene Diagram Passenger Manifest Witness Card O(800) 315-6090 M www.narisk.com 0P.O. Box 166002 • Altamonte Springs, FL 32716-6002 �V�NARS� nR 7'Li, y7 Pr, hh.m;n a�,,.,, Trucking Accident Report Kit In case of an accident: 1. If anyone is injured, offer to call for emergency medical attention. MW Insurance Group 2. Obtain identification for all possible witnesses and passengers (names, addresses and phone numbers) using the enclosed Witness Cards and Passenger Manifest (when multiple passengers are involved). 3. Do not provide a statement or sign anything. The police may ask for a statement. Answer the officer's questions without volunteering additional information. 4. As soon as practicable, report the accident to your employer and to NARS. Fully complete the enclosed Trucking Loss Report, including the scene diagram. • Take a picture of the other party's: insurance card, driver's license, and license plate • If the police were contacted, take a picture of the information exchange form or police report information form. • Take picture(s) of where the vehicles came to rest after the impact, if safe to do so. • Take a picture of both vehicles involved from all four corners, and the vehicle damage • Confirm if a dash camera (front and/or rear) was in use at the time of the accident, and if the footage is available. 5. In catastrophic cases call immediately as field representatives may be sent to the scene to assist. You can reach NARS at (800) 315-6090 24 hours a day, 7 days a week. Outside normal business hours, follow the recorded instructions to reach an after-hours claim representative. 6. Send completed forms, by email, fax or mail including all supporting documents to: Email: reportaclaim@narisk.com Fax: (866) 261-8507 Mail: North American Risk Services, Inc. (NARS) P.O. Box 166002 Altamonte Springs, FI 32716-6002 If you are sending material on a matter already reported, please include: Name Signature Date Claim Number (if known) O(800) 315-6090 M www.narisk.com 0P.O. Box 166002 • Altamonte Springs, FL 32716-6002 NA R S® Rrvices Third Pony Mi., Adminisrrarian DRIVER Name Trucking — Loss Report DOT # Birth Date DRIVER VEHICLE Year Make Model VIN _ Date of Accident Time Location of Accident Origination of Trip Destination of Trip MW Insurance Group Trailer Attached? ❑Y ❑ N Trailer Loaded? ❑Y ❑ N Damage to Cargo? ❑Y ❑ N Cargo Insurer? ❑NARS ❑ Other If Other, please specify OTHER DRIVER Name Driver's License Birth Date OTHER DRIVER VEHICLE Year Make Damage Description _ ACCIDENT/DAMAGE DESCRIPTION Model VIN Are photos taken of the following? Check all that apply ❑ Driver's License ❑ Insurance Card ❑ License Plate ❑Where vehicle came to rest ❑Damages Name Date of Birth Address INJURED PARTY 1 Name Phone Date of Birth Address INJURED PARTY 2 Phone Type of Claimant? Check one Type of Claimant? Check one ❑ Insured Vehicle ❑ Other Vehicle ❑ Pedestrian ❑ Insured Vehicle ❑ Other Vehicle ❑ Pedestrian O(800) 315-6090 ;0 www.narisk.com 0P.O. Box 166002 • Altamonte Springs, FL 32716-6002 `-�JNARS® �/ Nanh Arnericdn Risk Services Thi.d Party 0—, Adminise,.d.n MW Insurance Group Scene Diagram Please draw a details diagram of the accident scene. Include street names and label all vehicles involved. Driver's Signature Supervisor's Signature Date Date O(800) 315-6090 W www.narisk.com 0 P.O. Box 166002 • Altamonte Springs, FL 32716-6002 �V�NARS� nR 7LL y7 Pr„(i, f 7,rr,,,. .-hh.m;n r.,"-,, MW Insurance Group Passenger Manifest ***Driver must complete information for every passenger in vehicle at time of accident. Complete additional forms or use back if needed. Please write legibly. *** Name Name Date of Birth Phone Date of Birth Ph Address Address Seat Location Name Date of Birth Address Seat Location Name Address Comments Phone Seat Location Name Date of Birth Address Seat Location Phone Witness Card Submit to: reportaclaim@narisk.com narisk.com/report-a-claim Name Phone_ Address Comments Name Name Phone Phone_ Address Address Comments Comments O(800) 315-6090 ;0 www.narisk.com 0P.O. Box 166002 • Altamonte Springs, FL 32716-6002 veh€ele damage Vedeo {�p.i:nna17 0 QUICK RESPONSE 24-48 hour turnaround time from receipt of information - get paid sooner! Imb p nVLnn C5] SUBMIT DOCUMENTS Quickly capture photos, videos and record the VIN to begin the claims process from your phone. MW Insurance Group J J '1t Xl> FASTER ESTIMATES Complete up to 4x more inspections per day through virtual inspections, reducing cycle time and boosting productivity for insurers. 0 (800) 315-6090 0 narisk.com 0 mailroom@narisk.com i VEHICLES OVER 3,500 LBS The following photos are needed to write an estimate: Four corners of the vehicle, showing an overview of the entire vehicle. Vehicle Identification Number (VIN Tag) o located on a sticker inside the driver -side front door o metal tag on the top of the dash on the driver's side near the bottom of the windshield. *Must be able to read all digits The Odometer/Mileage License Plate Interior from all opened doorlhatch openings At least four photos of the damaged area of the vehicle. o taken from multiple distances and angles to clearly show the damage. o Include as many photos as possible to accurately portray the damage to the vehicle. Any special equipment or modifications added to the truck or unit. The build plate on the special equipment. (This is commonly found on the control box, side of the rollback, or inside the compartment.) o We need the builder and model number from this. `W 70 w fu E N ■� ru J J N CT a u� W'� �NARS, 7.Li, y7 Pr, ? .-hh.,,, n r.,"-,, Hola, North American Risk Services, Inc. (NARS) es el administrador de reclamaciones de terceros par@ su empresa. Nuestro equipo est6 disponible pars ayudarle con su p6rdida o lesi6n 24 horas al dia, los 7 dias a la semana. Se adjuntan kits de accidentes que deben colocarse en cada una de sus unidades. Los kits proporcionan a los conductores la informaci6n necesari@ para notificar correctamente un siniestro en caso de accidente, sin embargo, se acepta cualquier formulario con la informaci6n requerida. Es fundamental que los conductores notifiquen los siniestros con prontitud y con is mayor cantidad de informaci6n posible, incluyendo, pero sin limitarse a: • El ano, marca y modelo de todos los vehiculos implicados • Clase de vehiculo y numero de identificaci6n de su unidad (si procede) • Nombres a informaci6n de contacto de las partes del accidente • Nombres y datos de contacto de los testigos Los siniestros pueden notificarse de las siguientes maneras: • TeMfono: (800) 315-6090 • Internet: narisk.com/report-a-claim/ • Correo electrdnico: reportaclaim@narisk.com Se ha demostrado que reportar r6pidamente los siniestros reduce los costos de los mismos. P6ngase en contacto con nosotros inmediatamente si un siniestro implica danos materiales importantes o hay algun indicio de lesiones corporales. Si necesita mas kits de accidentes o tiene preguntas sobre el Ilenado de los formularios, no dude en ponerse en contacto con nuestra oficina al (800) 315-6090. Revise esta informaci6n con cada uno de sus conductores a instruyales sobre las t6cnicas adecuadas de notificaci6n de siniestros. Adjuntos: Formulario de informe de accidente Manifiesto de pasajeros Tarjeta de testigos O(800) 315-6090 M www.narisk.com 0P.O. Box 166002 • Altamonte Springs, FL 32716-6002 A yqlll� .Ve NARS, 7.Li, y 7 T",? .-hh., a;n r.,l,.,, KIT DE INFORME DE ACCIDENTES En caso de accidente: 1. Si alguien resulta herido, ofr6zcase a Ilamar a la atenci6n m6dica de urgencia. 2. Obtenga la identificaci6n de todos los posibles testigos y pasajeros (nombres, direcciones y n6meros de tel6fono) utilizando las tarjetas de testigos y el manifiesto de pasajeros adjuntos (cuando haya varios pasajeros implicados). 3. No haga ninguna declaraci6n ni firme nada. La policia puede pedirle una declaraci6n. Responda a las preguntas del agente sin ofrecer informaci6n adicional. 4. Tan pronto como sea posible, informe del accidente a su empleador y a NARS. Llene el formuiario de informe de accidente adjunto de la forma mas completa posible, incluyendo el diagrama de la escena. 5. En casos catastr6ficos, Ilame inmediatamente, ya que es posible que se envien representantes de campo al lugar de los hechos para ayudar. Puede ponerse en contacto con NARS Ilamando al (800) 315-6090 las 24 horas del dia, los 7 dfas de la semana. Fuera del horario laboral, siga las instrucciones grabadas para comunicarse con un representante de siniestros fuera del horario. 6. Envie los formularies debidamente Ilenados, por correo electr6nico, fax o correo postal, incluyendo todos los documentos apropiados, como el formulario de informe de accidentes, el manifiesto de pasajerosy las tarjetas de testigos, a: Correo electr6nico: reportaclaim@narisk.com Fax: (866) 261-8507 Correo: North American Risk Services, Inc. (NARS) Apartado postal 166002 Altamonte Springs, FI 32716-6002 Si envia material sobre un adunto ya reportado, incluya: Su nombre Su firma Fecha Numero de reclamaci6n (sr Io conoce) O(800) 315-6090 M www.narisk.com 0P.O. Box 166002 • Altamonte Springs, FL 32716-6002 Nq,3NARS. Rr Third Remy Claims Rdmi—i mdon Manifiesto De Pasajeros Nombre del conductor Ano del Vehiculo Marca Modelo NIV Fecha del Accidente Ubicacidn del Accidente Origen del Viaje Destino del Viaje Hora del Accidente ***EI conductor debe completar la informaci6n para cads pasajero en el vehiculo en el momento del accidente. Complete los formularies adicionales o use la parte de atras si es necesario. Por favor escriba legiblemente. *** Nombre Fecha de nacimiento Telefono Direcci6n Ubicacion del asiento Nombre Fecha de nacimiento Direcci6n Telefono Ubicacidn del asiento Nombre Fecha de nacimiento Telefono Direcci6n Ubicacidn del asiento Nombre Fecha de nacimiento Telefono Direcci6n Ubicacidn del asiento Nombre Fecha de nacimiento Telefono Direcci6n Ubicacidn del asiento Nombre Fecha de nacimiento Direcci6n Telefono Ubicacidn del asiento Nombre Fecha de nacimiento Telefono Direcci6n Ubicacidn del asiento Nombre Fecha de nacimiento Telefono Direcci6n Ubicacidn del asiento O(800) 315-6090 � www.narisk.com 5 P.O. Box 166002 • Altamonte Springs, FL 32716-6002 •o .0 w N O '2 E AL Z O U H LL U 0 c a 4-1 V} o A 0) W Mo a) IV N m o ~ ` 'Q _ _ a .� 0 '°� E z o 'c3 � U. u° QUICK RESPONSE 24-48 hour turnaround time from receipt of information - get paid sooner' (b (800) 315-6090 SUBMIT DOCUMENTS Quickly capture photos, videos and record the VIN to begin the claims process from your phone. 0 narisk.com FASTER ESTIMATES Complete up to 4x more inspections per day through virtual inspections, reducing cycle time and boosting productivity for insurers. 0 mailroom@narisk.com VEHICLES OVER 3,500 LBS The following photos are needed to write an estimate: Four corners of the vehicle, showing an overview of the entire vehicle. Vehicle Identification Number (VIN Tag) o located on a sticker inside the driver -side front door o metal tag on the top of the dash on the driver's side near the bottom of the windshield. *Must be able to read all digits The OdometerlMileage License Plate Interior from all opened door/hatch openings At least four photos of the damaged area of the vehicle. o taken from multiple distances and angles to clearly show the damage. o Include as many photos as possible to accurately portray the damage to the vehicle. Any special equipment or modifications added to the truck or unit. The build plate on the special equipment. (This is commonly found on the control box, side of the rollback, or inside the compartment.) o We need the builder and model number from this. Insurance Group 1425 Sams Avenue Harahan, LA 70123 800-229-5927 Dear Insured: KBK Insurance Group would like to offer a few recommendations to help your insurance run smoother. REPORTING DRIVERS It is imperative that all drivers, new and existing, be reported to your insurance agent for approval from the company prior to hiring. Failure to do this may result in the cancelation of non -renewal of your insurance. We have had instances in the past where the insured has trained a new driver for two months, then reported the driver to the agent. The Insurance Company then denied to add this particular driver to the policy due to their poor driving history (MVR). In this case, the insured wasted two months of training. If he would have reported the driver immediately, he would have discovered the driver was ineligible and could have proceeded with the hiring process and not wasted two months. Time is money. Please report all drivers to your insurance agent immediately, WHEN SHOULD YOU REPORT A LOSS? Time is of essence. This cannot be more true when referring to claims reporting. If you wait too long, coverage can legally be denied by the insurance company. It is imperative that all claims, no matter how minor the claim appears on the outside, be reported to the insurance company immediately. We appreciate you trying to protect your insurance, however it is not in your best interest to try to handle the claim yourself. Report the claim immediately. The insurance company will be more than willing to work with you to settle the claim. The insurance company has the experienced claims adjusters and lawyers to help protect your insurance coverage. The longer it takes a claim to be reported, the bigger the advantage gets for the claimant. In order for you to have the advantage, the adjusters and lawyers need to be notified immediately, so they can begin working on the case for you. An example of waiting too long, is a very minor rear -end collision. You caused $100 damage. To avoid making a claim, you decide to pay for the damage yourself. The claimant accepts this payment. Six months later, the claimant hires a lawyer and claims serious injury. This can happen anytime a claim is not closed. Let them assist you in protecting your policy. I hope you find these insurance recommendations helpful. KBK appreciates your business and looks forward to a long successful relationship with you. Regards, Ken Murray President Policy Number K2GP422982 FORMS SCHEDULE Named Insured NFS Towing, LLC Agent Name KBK Insurance Group, a Division of NSM Insurance Group COMMON Effective Date: 01/10/2023 12:01 A.M. Standard Time Agent No. 150713 IL DS 99 04 (01- Schedule of Forms and Endorsements 19) IL 09 35 (07-02) Exclusion Of Certain Computer -Related Losses IL 09 83 (01-08) Washington - Amendment of Terrorism Exclusions IL 09 53 (01-15) Exclusion of Certified Acts of Terrorism IL 93 02 (04-20) Single Occurrence Deductible IL 01 98 (09-08) Nuclear Energy Liability Exclusion Endorsment IL 01 23 (11-13) Washington Changes - Defense Costs GENERAL LIABILITY IL 91 04 (04-20) Cross Liability CG DS 01 (10-01) Commercial General Liability Declarations CG 21 75 (01-15) Exclusion of Certified Acts of Terrorism and Exclusion Of Other Acts of Terrorism Committed Outside The United States CG 00 01 (04-13) Commercial General Liability Coverage Form CG 04 42 (12-19) Stop Gap - Employers Liability Coverage Endorsement - Washington CG 04 50 (05-08) Washington Changes - Who Is An Insured CG 21 06 (05-14) Exclusion - Access Or Disclosure Of Confidential Or Personal Information And Data -Related Liability - With Limited Bodily Injury Exception CG 26 77 (12-04) Washington - Fungi or Bacteria Exclusion GL 99 38 (09-18) Exclusion - Lead INLAND MARINE CM 00 01 (09-04) Commercial Inland Marine Conditions IM 99 01 (03-17) On Hook Physical Damage Legal Liability Coverage Form IM 99 02 (03-17) On Hook Physical Damage Legal Liability Schedule of Coverages CM 01 07 (06-19) Washington Changes THESE SCHEDULES, TOGETHER WITH THE ATTACHED AUTHORIZATION AND ATTESTATION ENDORSEMENT, POLICY DECLARATIONS, AND ANY FORMS AND ENDORSEMENTS THAT WE HAVE ATTACHED OR MAY LATER ATTACH TO REFLECT CHANGES, MAKE UP AND COMPLETE THE ABOVE NUMBERED POLICY. IL DS 99 04 01 19 Page 1 of 1 IL09350702 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTAIN COMPUTER -RELATED LOSSES This endorsement modifies insurance provided under the following: COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART STANDARD PROPERTY POLICY A. We will not pay for loss ('loss") or damage caused directly or indirectly by the following. Such loss ("loss") or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss ('loss") or damage. 1. The failure, malfunction or inadequacy of: a. Any of the following, whether belonging to any insured or to others: (1) Computer hardware, including micro- processors; (2) Computer application software; (3) Computer operating systems and related software; (4) Computer networks; (5) Microprocessors (computer chips) not part of any computer system; or (6) Any other computerized or electronic equipment or components; or b. Any other products, and any services, data or functions that directly or indirectly use or rely upon, in any manner, any of the items listed in Paragraph A.1.a. of this endorse- ment; due to the inability to correctly recognize, proc- ess, distinguish, interpret or accept one or more dates or times. An example is the inability of computer software to recognize the year 2000. 2. Any advice, consultation, design, evaluation, inspection, installation, maintenance, repair, replacement or supervision provided or done by you or for you to determine, rectify or test for, any potential or actual problems described in Paragraph A.1. of this endorsement. B. If an excluded Cause of Loss as described in Paragraph A. of this endorsement results: 1. In a Covered Cause of Loss under the Crime and Fidelity Coverage Part, the Commercial Inland Marine Coverage Part or the Standard Property Policy; or 2. Under the Commercial Property Coverage Part: a. In a "Specified Cause of Loss", or in eleva- tor collision resulting from mechanical breakdown, under the Causes of Loss — Special Form; or b. In a Covered Cause of Loss under the Causes Of Loss — Basic Form or the Causes Of Loss — Broad Form; we will pay only for the loss ('loss") or damage caused by such "Specified Cause of Loss", eleva- tor collision, or Covered Cause of Loss. C. We will not pay for repair, replacement or modifi- cation of any items in Paragraphs A.1.a. and A.1.b. of this endorsement to correct any deficien- cies or change any features. IL 09 35 07 02 © ISO Properties, Inc., 2001 Page 1 of 1 ❑ IL 09 83 01 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON - AMENDMENT OF TERRORISM EXCLUSIONS This endorsement modifies insurance provided under the following: BOILER AND MACHINERY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART STANDARD PROPERTY POLICY A. If this policy (or an endorsement to this policy) excludes loss or damage caused by a "certified act of terrorism" or "terrorism", the following paragraph is added to such exclusion(s) and supersedes any provision to the contrary: Loss or damage will be considered to have been caused by such excluded event if the occurrence of that event: 1. Directly and solely results in loss or damage; or 2. Initiates a sequence of events that results in loss or damage, regardless of the nature of any intermediate or final event in that sequence. IL 09 83 01 08 © Insurance Services Office, Inc., 2008 Page 1 of 1 13 POLICY NUMBER: K2GP422982 IL 09 53 01 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF 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 CRIME AND FIDELITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART STANDARD PROPERTY POLICY SCHEDULE The Exception Covering Certain Fire Losses (Paragraph C) applies to property located in the following state(s), if covered under the indicated Coverage Form, Coverage Part or Policy: States Coverage Form, Coverage Part Or Policy Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. The following definition is added with respect to the provisions of this endorsement: "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" 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 dangerous to human life, property or infrastructure 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 conduct of the United States Government by coercion. IL09530115 [ B. The following exclusion is added: CERTIFIED ACT OF TERRORISM EXCLUSION We will not pay for loss or damage caused directly or indirectly by a "certified act 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. C. Exception Covering Certain Fire Losses The following exception to the exclusion in Paragraph B. applies only if indicated and as indicated in the Schedule of this endorsement. If a "certified act of terrorism" results in fire, we will pay for the loss or damage caused by that fire. 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 which apply to those forms, or to the Legal Liability Coverage Form or the Leasehold Interest Coverage Form. If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a calendar year and we have met our insurer deductible under the Terrorism 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 established by the Secretary of the Treasury. Page 2 of 2 D. Application Of Other Exclusions 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 which would otherwise be excluded under this Coverage Part or Policy, such as losses excluded by the Nuclear Hazard Exclusion or the War And Military Action Exclusion. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CROSS LIABILITY EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM COMMERCIAL EXCESS LIABILITY COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless otherwise indicated in the Schedule below. This insurance does not apply to any "suits" brought against any insured under this policy by or on behalf of any other insured under this policy. All other terms and conditions of this policy remain the same. IL 91 04 04 20 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SINGLE OCCURRENCE DEDUCTIBLE This endorsement modifies insurance provided under the following: COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART AUTO DEALERS COVERAGE PART - GARAGEKEEPERS COVERAGE AUTO DEALERS COVERAGE PART - PHYSICAL DAMAGE COVERAGE A. If a single occurrence involves loss or damage insured by more than one coverage, endorsement, coverage part or policy issued by us, only the largest applicable deductible in any one policy or coverage part listed above shall be known as the Single Occurrence Deductible and shall apply to the total loss or damage from that single occurrence. Other deductibles that would otherwise apply to the loss or damage will be waived. B. In addition to Paragraph A above, should such loss or damage include Physical Damage Coverage under the Auto Dealers Coverage Form, the Per "Auto" deductible shall apply to each "auto" until the maximum deductible per "loss" is met. This maximum deductible shall then be used in determining the largest deductible used for the Single Occurrence Deductible listed in Paragraph A. above. If the maximum deductible per "loss" is not met in a single Auto Dealers Coverage Form Physical Damage "occurrence", the total of the Per "Auto" deductibles shall be used in determining the Single Occurrence Deductible. C. We will separately apply the individual deductibles that would otherwise apply to the loss or damage if use of the individual deductibles results in a larger total payment to the insured. If we separately apply the individual deductibles, the provisions in Paragraphs A and B of this endorsement will not apply. D. This endorsement does not apply to loss or damage: Covered by: a. Business Electronic Equipment Coverage, b. Mechanical Breakdown Coverage, or 2. Caused by the following perils: a. Earthquake, b. Flood, c. Pollution, d. Windstorm, or e. Hail All other terms and conditions of the policy remain the same. IL 93 02 04 20 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1 IL01980908 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY 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: B. Under any Medical Payments Coverage, to A. Under any Liability Coverage, to "bodily injury" expenses incurred with respect to "bodily in - or "property damage": jury" resulting from the "hazardous properties" of "nuclear material" and arising out of the op- (1) With respect to which an "insured" under eration of a "nuclear facility" by any person or the policy is also an insured under a nu- organization. clear energy liability policy issued by Nu- clear Energy Liability Insurance Associa- C. Under any Liability Coverage, to "bodily injury" tion, Mutual Atomic Energy Liability Under- or "property damage" resulting from "hazard - writers, Nuclear Insurance Association of ous properties" of "nuclear material", if: Canada or any of their successors, or (1) The "nuclear material" (a) is at any "nuclear would be an insured under any such policy facility" owned by, or operated by or on be - but for its termination upon exhaustion of its half of, an "insured" or (b) has been dis- limit of liability; or charged or dispersed therefrom; (2) Resulting from the "hazardous properties" (2) The "nuclear material" is contained in of "nuclear material" and with respect to "spent fuel" or "waste" at any time pos- which (a) any person or organization is re- sessed, handled, used, processed, stored, quired to maintain financial protection pur- transported or disposed of, by or on behalf suant to the Atomic Energy Act of 1954, or of an "insured"; or any law amendatory thereof, or (b) the "in- (3) The "bodily injury" or "property damage" sured" is, or had this policy not been issued arises out of the furnishing by an "insured" would be, entitled to indemnity from the of services, materials, parts or equipment in United States of America, or any agency connection with the planning, construction, thereof, under any agreement entered into maintenance, operation or use of any "nu - by the United States of America, or any clear facility", but if such facility is located agency thereof, with any person or organi- within the United States of America, its terri- zation. tories or possessions or Canada, this Ex- clusion (3) applies only to "property dam- age" to such "nuclear facility" and any prop- erty thereat. IL 01 98 09 08 ©ISO Properties, Inc., 2007 Page 1 of 2 13 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"; "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 concentration of ura- nium or thorium from any ore processed primarily for its "source material' content, and (b) resulting from the operation by any person or organization of any "nuclear facility" included under the first two para- graphs of the definition of "nuclear facility". "Nuclear facility" means: (a) Any "nuclear reactor"; (b) Any equipment or device designed or used for (1) separating the isotopes of uranium or plu- tonium, (2) processing or utilizing "spent fuel', or (3) handling, processing or packaging "waste"; (c) Any equipment or device used for the process- ing, 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 plutonium 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 dis- posal 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 fission- able material; "Property damage" includes all forms of radioactive contamination of property. Page 2 of 2 ©ISO Properties, Inc., 2007 IL 01 98 09 08 0 IL 01 23 11 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES - DEFENSE COSTS This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART — LEGAL LIABILITY COVERAGE FORM COMMERCIAL PROPERTY COVERAGE PART — MORTGAGEHOLDER'S ERRORS AND OMISSIONS COVERAGE FORM ELECTRONIC DATA LIABILITY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK COVERAGE PART A. The provisions of Paragraph B. are added to all Insuring Agreements that set forth a duty to defend under: 1. Section I of the Commercial General Liability, Commercial Liability Umbrella, Electronic Data Liability, Farm, Liquor Liability, Owners And Contractors Protective Liability, Pollution Liability, Products/Completed Operations Liability, Product Withdrawal, Medical Professional Liability, Railroad Protective Liability and Underground Storage Tank Coverage Parts, Auto Dealers Coverage Form and the Farm Umbrella Liability Policy; 2. Section II under the Auto Dealers, Business Auto and Motor Carrier Coverage Farms; 3. Section III under the Auto Dealers and Motor Carrier Coverage Forms; 4. Section A. Coverage under the Legal Liability Coverage Form; and 5. Coverage C — Mortgage holder's Liability under the Mortgageholder's Errors And Omissions Coverage Form. Paragraph B. also applies to any other provision in the policy that sets forth a duty to defend. B. If we initially defend an insured ("insured") or pay for an insured's ("insured's") defense but later determine that none of the claims ("claims"), for which we provided a defense or defense costs, are covered under this insurance, we have the right to reimbursement for the defense costs we have incurred. The right to reimbursement under this provision will only apply to the costs we have incurred after we notify you in writing that there may not be coverage and that we are reserving our rights to terminate the defense or the payment of defense costs and to seek reimbursement for defense costs. IL 01 23 11 13 © Insurance Services Office, Inc., 2013 Page 1 of 1 a ,//Berkshire Hathaway GUARD insurance POLICY NUMBER: K2GP422982 I� Comp.m.. COMMERCIAL GENERAL LIABILITY CG DS 01 10 01 COMMERCIAL GENERAL LIABILITY DECLARATIONS COMPANY NAME AmGUARD Insurance Company - A Stock Company P.O. Box A-H 16 South River Street Wilkes-Barre, PA 18703-0020 (800) 673-2465 NAMED INSURED NFS Towing, LLC MAILING ADDRESS 35308 42nd Avenue South Auburn, WA 98001 POLICY PERIOD: FROM 01/10/2023 YOUR MAILING ADDRESS SHOWN ABOVE PRODUCER NAME KBK Insurance Group, a Division of NSM Insurance Group 1425 Sams Avenue, Suite 201 Harahan, LA 70123-5553 TO 01/10/2024 AT 12:01 A.M. TIME AT IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. LIMITS OF INSURANCE EACH OCCURRENCE LIMIT $1, 000, 000 DAMAGE TO PREMISES RENTED TO YOU LIMIT $100, 000 Any one premises MEDICAL EXPENSE LIMIT $5, 000 Any one person PERSONAL & ADVERTISING INJURY LIMIT $1, 000, 000 Any one person or organization GENERAL AGGREGATE LIMIT $2, 000, 000 PRODUCTS/COMPLETED OPERATIONS AGGREGATE LIMIT $2,000,000 RETROACTIVE DATE (CG 00 02 ONLY) THIS INSURANCE DOES NOT APPLY TO 'BODILY INJURY", "PROPERTY DAMAGE" OR "PERSONAL AND ADVERTISING INJURY" WHICH OCCURS BEFORE THE RETROACTIVE DATE, IF ANY, SHOWN BELOW. RETROACTIVE DATE: (ENTER DATE OR "NONE" IF NO RETROACTIVE DATE APPLIES) DESCRIPTION OF BUSINESS FORM OF BUSINESS: ❑ INDIVIDUAL ❑ PARTNERSHIP ❑ JOINT VENTURE ❑ TRUST LIMITED LIABILITY COMPANY ❑ORGANIZATION, INCLUDING A CORPORATION (BUT NOT IN- CLUDING A PARTNERSHIP, JOINT VENTURE OR LIMITED LIABILITY COMPANY) BUSINESS DESCRIPTION: Towi CG DS 01 10 01 © ISO Properties, Inc., 2000 Page 1 of 5 11 ALL PREMISES YOU OWN, RENT OR OCCUPY LOC NO. ADDRESS OF ALL PREMISES YOU OWN, RENT OR OCCUPY 001- 33029 Pacfic Hwy South 001 King Federal way, WA 98003 002- 3202 C St NE 001 King Auburn, WA 98002 003- 1924 S. 341st Place 001 King Federal way, WA 98003 Page 2 of 5 O ISO Properties, Inc., 2000 CG DS 01 10 01 11 CLASSIFICATION AND PREMIUM LOC CLASSIFICATION CODE PREMIUM RATE ADVANCE PREMIUM NO. NO. BASE Preml ProdlComp Preml Prod/Comp Ops Ops Ops Ops 001- Truckers 99793 27,000 12.=23 Incl. $335 Incl. 001 Products -completed operations Payroll are subject to the General Aggregate Limit TERRITORY: 502 002- Truckers 99793 27,000 12.423 Incl. $335 Incl. 001 Products -completed operations Payroll are subject to the General Aggregate Limit TERRITORY: 502 003- Truckers 99793 27,000 12.423 Incl. $335 Irn•.-.1. 001 Products -completed operations Payroll are subject to the General Aggregate Limit TERRITORY: 502 CG DS 01 10 01 ©ISO Properties, Inc., 2000 Page 3 of 5 11 CLASSIFICATION AND PREMIUM LOC CLASSIFICATION CODE PREMIUM RATE ADVANCE PREMIUM NO. NO. BASE Preml ProdlComp Preml Prod/Comp Ops Ops Ops Ops Stop Gap Liability - Washington $30 Manufacturing, Processing, Contracting, Servicing CG DS 01 10 01 ©ISO Properties, Inc., 2000 Page 4 of 5 11 PREMIUM SHOWN IS PAYABLE STATE TAX OR OTHER (if applicable) TOTAL PREMIUM (SUBJECT TO AUDIT) $ 1 , 0 3 5 AT INCEPTION AT EACH ANNIVERSARY (IF POLICY PERIOD IS MORE THAN ONE YEAR AND PRE- MIUM IS PAID IN ANNUAL INSTALLMENTS) (AUDIT PERIOD (IF APPLICABLE) LJANNUALLY LJSEMI- LIQUARTERLY LJMONTHLY ANNUALLY ENDORSEMENTS ENDORSEMENTS ATTACHED TO THIS POLICY: See Schedule of Forms and Endorsements THESE DECLARATIONS, TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE FORM(S) AND ANY ENDORSEMENT(S), COMPLETE THE ABOVE NUMBERED POLICY. Countersigned: By: (Date) (Authorized Representative) Page 5 of 5 O ISO Properties, Inc., 2000 CG DS 01 10 01 ❑ COMMERCIAL GENERAL LIABILITY CG 21 75 01 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM AND EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES 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: b. Protracted and obvious physical This insurance does not apply to: disfigurement; or TERRORISM "Any injury or damage" arising, directly or indirectly, out of a "certified act of terrorism", or 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, with respect to an 'other act of terrorism", 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 US dollars). 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; or 2. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision, serious physical injury means: a. Physical injury that involves a substantial risk of death; 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 indirectly 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 poisonous 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 terrorism" 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 damage", "personal and advertising injury", "injury" or "environmental damage" as may be defined in any applicable Coverage Part. CG 21 75 01 15 © Insurance Services Office, Inc., 2015 Page 1 of 2 "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such Act. The criteria contained 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 Terrorism 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), regardless 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 infrastructure 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 conduct 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 individual 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. The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. Page 2 of 2 © Insurance Services Office, Inc., 2015 CG 21 75 01 15 COMMERCIAL GENERAL LIABILITY CG 00 01 04 13 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 11 — Who Is An Insured. 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 becomes 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 insurance does not apply. We may, at our discretion, 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 insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — 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 "occurrence" or claim, knew that the "bodily injury" 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 continuation, 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 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 "occurrence" or claim, includes any continuation, change or resumption of that "bodily injury" or "property damage" after 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 under Paragraph 1. of Section II — Who Is An Insured 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 insurer; (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 occurred or has begun to occur. e. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 16 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 contract 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 subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorneys' fees and necessary litigation 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 attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. 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 under the influence of alcohol; or This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in: (a) The supervision, hiring, employment, training or monitoring of others by that insured; or (b) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; if the "occurrence" which caused the "bodily injury" or "property damage", involved that which is described in Paragraph (1), (2) or (3) above. However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment 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 damages with or repay someone else who must pay damages because of the injury. (3) Any statute, ordinance or regulation relating This exclusion does not apply to liability to the sale, gift, distribution or use of assumed by the insured under an "insured alcoholic beverages. contract". Page 2 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 f. Pollution (d) At or from any premises, site or location (1) "Bodily injury" or "property damage" arising on which any insured or any contractors out of the actual, alleged or threatened or subcontractors working directly or discharge, dispersal, seepage, migration, indirectly on any insured's behalf are release or escape of "pollutants": performing operations if the "pollutants" are brought on or to the premises, site (a) At or from any premises, site or location or location in connection with such which is or was at any time owned or operations by such insured, contractor occupied by, or rented or loaned to, any or subcontractor. However, this insured. However, this subparagraph subparagraph does not apply to: does not apply to: (i) "Bodily injury" or "property damage" (i) "Bodily injury" if sustained within a arising out of the escape of fuels, building and caused by smoke, lubricants or other operating fluids fumes, vapor or soot produced by or which are needed to perform the originating from equipment that is normal electrical, hydraulic or used to heat, cool or dehumidify the mechanical functions necessary for building, or equipment that is used to the operation of "mobile equipment" heat water for personal use, by the or its parts, if such fuels, lubricants building's occupants or their guests; or other operating fluids escape from (i i) "Bodily injury" or "property damage" a vehicle part designed to hold, store for which you may be held liable, if or receive them. This exception does you are a contractor and the owner not apply if the "bodily injury" or or lessee of such premises, site or "property damage" arises out of the location has been added to your intentional discharge, dispersal or policy as an additional insured with release of the fuels, lubricants or respect to your ongoing operations other operating fluids, or if such performed for that additional insured fuels, lubricants or other operating at that premises, site or location and fluids are brought on or to the such premises, site or location is not premises, site or location with the and never was owned or occupied intent that they be discharged, by, or rented or loaned to, any dispersed or released as part of the insured, other than that additional operations being performed by such insured; or insured, contractor or subcontractor; (iii) "Bodily injury" or "property damage" (i i) "Bodily injury" or "property damage" arising out of heat, smoke or fumes sustained within a building and from a "hostile fire"; caused by the release of gases, (b) At or from any premises, site or location fumes or vapors from materials which is or was at any time used by or brought into that building in for any insured or others for the connection with operations being handling, storage, disposal, processing performed by you or on your behalf or treatment of waste; by a contractor or subcontractor; or (c) Which are or were at any time (iii) "Bodily injury" or "property damage" transported, handled, stored, treated, arising out of heat, smoke or fumes disposed of, or processed as waste by from a "hostile fire". or for: (e) At or from any premises, site or location (i) Any insured; or on which any insured or any contractors or subcontractors working directly or (ii) Any person or organization for whom indirectly on any insured's behalf are you may be legally responsible; or performing 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 effects of, "pollutants". CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 3 of 16 (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, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or suit by or on behalf of a 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". 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 governmental authority. g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft 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, employment, 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 entrustment to others of any aircraft, "auto" or watercraft 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 contract" 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 equipment 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 where it is licensed 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 equipment". 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 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. 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, restoration 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; Page 4 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed 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 contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises 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 exclusion 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. I. 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 subcontractor. 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 dangerous condition in "your product" or "your work"; or This exclusion does not apply to the loss of use of other property arising out of sudden and accidental 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 expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, 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 advertising 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. However, this exclusion does not apply to liability for 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. 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 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; (2) A delay or failure by you or anyone acting (3) The Fair Credit Reporting Act (FCRA), and on your behalf to perform a contract or any amendment of or addition to such law, agreement in accordance with its terms. including the Fair and Accurate Credit Transactions Act (FACTA); or CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 5 of 16 (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily 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 becomes 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 "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, 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 insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "personal and advertising 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 knowledge that the act would violate the rights of another and would inflict "personal and advertising injury". b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral or written publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral or written publication, in any manner, 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 liability 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 contract 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 performance 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 "advertisement". Page 6 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 I. Infringement Of Copyright, Patent, Trademark Or Trade Secret "Personal and advertising injury" arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. Under this exclusion, such other intellectual property rights do not include the use of another's advertising idea in your "advertisement". However, this exclusion does not apply to infringement, in your "advertisement", of copyright, 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 (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 section. 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 advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. I. 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 mislead another's potential customers. m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape 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 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". 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 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. p. Recording And Distribution Of Material Or Information In Violation Of Law "Personal and advertising injury" arising directly 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; (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 Accurate Credit Transactions Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 7 of 16 COVERAGE C — MEDICAL PAYMENTS 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 "coverage territory" and during the policy period; (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 examination, 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 applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, X-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 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 occupies. 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 workers' 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 operations 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 investigate 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 insured at our request to assist us in the investigation or defense of the claim or "suit", including 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 interest based on that period of time after the offe r. Page 8 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 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 deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 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 damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed 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 interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee 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 coordinating 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 (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, 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 — Coverage A — Bodily Injury And Property Damage Liability, 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 litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements 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 insureds, 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 insured. Your members, your partners, and their spouses are also insureds, but only with respect 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 duties as your officers or directors. Your stockholders 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 duties as trustees. CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 9 of 16 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 "empployees" 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 liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (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 Paragraph (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 control 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 member (if you are a limited liability company). 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 representative 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 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; 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 regardless 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. Page 10 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 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 operations hazard". 4. Subject to Paragraph 2. above, the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained 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 damage" 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 Expense Limit is the most we will pay under Coverage 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 obligations 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 possible, 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 (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 notice of the claim or "suit" as soon as practicable. c. 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 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 enforcement 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 applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 11 of 16 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in 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 occupied 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 occupied by you with permission of the owner; or (iv) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability. (b) Any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured. (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 defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (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 insurance. (4) We will share the remaining loss, if any, with any other insurance that is not described 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 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. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period 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 computation, 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 accurate and complete; Page 12 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 b. Those statements are based upon representations 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 insurance 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 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. 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 expiration 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 market segments about your goods, products or services 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 services for the purposes of attracting customers or supporters is considered an advertisement. 2. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting 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 damage 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 similar electronic means of communication; provided the insured's responsibility to pay damages 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". "Employee" does not include a "temporary worker". 6. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, bylaws or any other similar governing document. 7. "Hostile fire" means one which becomes uncontrollable 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, deficient, 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 repair, replacement, adjustment or removal of "your product" or "your work" or your fulfilling the terms of the contract or agreement. CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 13 of 16 9. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization 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 operations 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 indemnification 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 damage" to a third person or organization. Tort liability 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 construction 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 prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; 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 insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities. 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, watercraft or "auto" to the place where it is finally delivered; 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 attached to the aircraft, watercraft or "auto". 12."Mobile equipment" means any of the following types of land vehicles, including any attached machinery 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, maintained primarily to provide mobility to permanently 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 permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, 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. Page 14 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 However, self-propelled vehicles with the following types of permanently attached equipment 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 cleaning, 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 vehicle insurance law 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 continuous 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 d e f The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; Oral or written publication, in any manner, of material that violates a person's right of privacy; The use of another's advertising idea in your "advertisement"; or g. Infringing upon another's copyright, trade dress or slogan in your "advertisement". 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. "Prod ucts-com pleted operations hazard": a. Includes all "bodily injury" and "property damage" 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 possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following 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 contract 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 equipment or abandoned or unused materials; or (3) Products or operations for which the classification, 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 "occurrence" that caused it. For the purposes of this insurance, electronic data is not tangible property. CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 15 of 16 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 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. 1B."Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: 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. 19. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- term workload conditions. 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, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business 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, durability, performance or use of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others 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, durability, performance or use of "your work"; and (2) The providing of or failure to provide warnings or instructions. Page 16 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 POLICY NUMBER: K2GP422982 COMMERCIAL GENERAL LIABILITY CG 04 42 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. STOP GAP - EMPLOYERS LIABILITY COVERAGE ENDORSEMENT - WASHINGTON This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Limits Of Insurance Bodily Injury By Accident $1, 000, 000 Each Accident Bodily Injury By Disease $1, 000, 000 Aggregate Limit Bodily Injury By Disease $1, 000, 000 Each Employee Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. The following is added to Section I — Coverages: Stop Gap — Employers Liability Coverage 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated by Washington Law to pay as damages because of "bodily injury by accident" or "bodily injury by disease" to your "employee" 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 to which this insurance does not apply. We may, at our discretion, investigate any accident 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 insurance in the payment of judgments or settlements under this coverage. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b. This insurance applies to "bodily injury by accident" or "bodily injury by disease" only if: (1) The: (a) "Bodily injury by accident" or "bodily injury by disease" takes place in the "coverage territory"; (b) "Bodily injury by accident" or "bodily injury by disease" arises out of and in the course of the injured "employee's" employment by you; and (c) "Employee", at the time of the injury, was covered under a workers' compensation policy and subject to a "workers' compensation law" of Washington; and (2) The: (a) "Bodily injury by accident" is caused by an accident that occurs during the policy period; or (b) "Bodily injury by disease" is caused by or aggravated by conditions of employment by you and the injured "employee's" last day of last exposure to the conditions causing or aggravating such "bodily injury by disease" occurs during the policy period. CG 04 42 12 19 © Insurance Services Office, Inc., 2019 Page 1 of 5 c. The damages we will pay, where recovery is permitted by law, include damages: (1) For: (a) Which you are liable to a third party by reason of a claim or "suit" against you by that third party to recover the damages claimed against such third party as a result of injury to your "employee"; (b) Care and loss of services; and (c) Consequential "bodily injury by accident" or "bodily injury by disease" to a spouse, child, parent, brother or sister of the injured "employee"; provided that these damages are the direct consequence of "bodily injury by accident" or "bodily injury by disease" that arises out of and in the course of the injured "employee's" employment by you; and (2) Because of "bodily injury by accident" or "bodily injury by disease" to your "employee" that arises out of and in the course of employment, claimed against you in a capacity other than as employer. 2. Exclusions This insurance does not apply to: a. Intentional Injury "Bodily injury by accident" or "bodily injury by disease" intentionally caused or aggravated by you, or "bodily injury by accident" or "bodily injury by disease" resulting from an act which is determined to have been committed by you if it was reasonable to believe that an injury is substantially certain to occur. b. Fines Or Penalties Any assessment, penalty or fine levied by any regulatory inspection agency or authority. c. Statutory Obligations Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. d. Contractual Liability Liability assumed by you under any contract or agreement. e. Violation Of Law "Bodily injury by accident" or "bodily injury by disease" suffered or caused by any employee while employed in violation of law with your actual knowledge or the actual knowledge of any of your "executive officers". f. Termination, Coercion Or Discrimination Damages arising out of coercion, criticism, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination against or termination of any "employee", or arising out of other employment or personnel decisions concerning the insured. g. Failure To Comply With "Workers' Compensation Law" "Bodily injury by accident" or "bodily injury by disease" to an "employee" when you are: (1) Deprived of common law defenses; or (2) Otherwise subject to penalty; because of your failure to secure your obligations or other failure to comply with any "workers' compensation law". h. Violation Of Age Laws Or Employment Of Minors "Bodily injury by accident" or "bodily injury by disease" suffered or caused by any person: (1) Knowingly employed by you in violation of any law as to age; or (2) Under the age of 14 years, regardless of any such law. i. Federal Laws Any premium, assessment, penalty, fine, benefit, liability or other obligation imposed by or granted pursuant to: (1) The Federal Employer's Liability Act (45 USC Section 51-60); (2) The Non -appropriated Fund Instrumentalities Act (5 USG Sections 8171-8173 ); (3) The Longshore and Harbor Workers' Compensation Act (33 USC Sections 910-950); (4) The Outer Continental Shelf Lands Act (43 USC Section 1331-1356); Page 2 of 5 © Insurance Services Office, Inc., 2019 CG 04 42 12 19 (5) The Defense Base Act (42 USC Sections 1651-1654); (6) The Federal Coal Mine Health and Safety Act of 1969 (30 USC Sections 901-942 ); (7) The Miggrant and Seasonal Agricultural WorkerProtection Act (29 USC Sections 1801-1872); (8) Any other workers' compensation, unemployment compensation or disability laws or any similar law; or (9) Any subsequent amendments to the laws listed above. j. Punitive Damages Multiple, exemplary or punitive damages k. Crew Members "Bodily injury by accident" or "bodily injury by disease" to a master or member of the crew of any vessel or any member of the flying crew of an aircraft. B. The Supplementary Payments provisions apply to Stop Gap — Employers Liability Coverage as well as to Coverages A and B. C. For the purposes of this endorsement, Section II — Who Is An Insured is replaced by the following: Section II — Who Is An Insured If you are designated in the Declarations as: 1. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. 2. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. 3. 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. 4. 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 duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. 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 this endorsement, Section III — Limits Of Insurance is replaced by the following: Section III — Limits Of Insurance 1. The Limits Of Insurance shown in the Schedule of this endorsement and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The "Bodily InJ'ury By Accident" — Each Accident Limit shown in the Schedule of this endorsement is the most we will pay for all damages covered by this insurance because of "bodily injury by accident" to one or more "employees" in any one accident. 3. The "Bodily Injury By Disease" — Aggregate Limit shown in the Schedule of this endorsement is the most we will pay for all damages covered by this insurance and arising out of "bodily injury by disease", regardless of the number of "employees" who sustain "bodily injury by disease". 4. Subject to Paragraph D.3. of this endorsement, the "Bodily Injury By Disease" — Each "Employee" Limit shown in the Schedule of this endorsement is the most we will pay for all damages because of "bodily injury by disease" to any one "employee". The limits of the coverage 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. CG 04 42 12 19 © Insurance Services Office, Inc., 2019 Page 3 of 5 E. For the purposes of this endorsement, Condition 2. Duties In The Event Of Occurrence, Claim Or Suit under Section IV — Conditions is replaced by the following: 2. Duties In The Event Of Injury, Claim Or Suit a. You must see to it that we or our agent is notified as soon as practicable of a "bodily injury by accident" or "bodily injury by disease" which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "bodily injury by accident" or "bodily injury by disease" 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 notice of the claim or "suit" as soon as practicable. c. 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 injury, claim, proceeding or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us and assist us, as we may request, 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 injury to which this insurance may also apply; and (5) Do nothing after an injury occurs that would interfere with our right to recover from others. 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. F. For the purposes of this endorsement, Paragraphs 4. and 18. of the Definitions section are replaced by the following: 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 a. above; or c. All other parts of the world if the injury or damage arises out of the activities of a person whose home is in the territory described in a. above, but who is away for a short time on your business; provided the insured's responsibility to pay damages is determined in the United States (including its territories and possessions), Puerto Rico or Canada, in a suit on the merits according to the substantive law in such territory, or in a settlement we agree to. 18. "Suit" means a civil proceeding in which damages because of "bodily injury by accident" or "bodily injury by disease" to which this insurance applies are alleged. "Suit" includes: 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. G. The following are added to the Definitions section: 1. "Workers' Compensation Law" means the Workers' Compensation Law and any Occupational Disease Law of Washington. This does not include provisions of any law providing non -occupational disability benefits. Page 4 of 5 © Insurance Services Office, Inc., 2019 CG 04 42 12 19 2. 'Bodily injury by accident' means bodily injury, 3. "Bodily injury by disease" means a disease sickness or disease sustained by a person, sustained by a person, including death. 'Bodily including death, resulting from an accident. A injury by disease" does not include a disease disease is not "bodily injury by accident' unless that results directly from an accident. it results directly from "bodily injury by H. For the purposes of this endorsement, the accident'. definition of "bodily injury" does not apply. CG 04 42 12 19 © Insurance Services Office, Inc., 2019 Page 5 of 5 COMMERCIAL GENERAL LIABILITY CG 04 50 05 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES - WHO IS AN INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraphs 2.a.(1)(a), (b) and (c) of Section II — Who Is An Insured apply only to "employees" of the insured whose employment is not subject to the Industrial Insurance Act of Washington (Washington Revised Code Title 51). With respect to "employees" of the insured whose employment is subject to the Industrial Insurance Act of Washington, the reference to "volunteer work- ers" is removed from Paragraph 2.(a) of Section II — Who Is An Insured and Paragraph 2.a.(1) of Sec- tion II — Who Is An Insured is replaced with the following: 2. Each of the following is also an insured: Your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or lim- ited 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 "employees" is an insured 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 liability company), or to a co - "employee" while that co -"employee" is either in the course of his or her em- ployment or performing duties related to the conduct of your business; (b) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) above; or (c) Arising out of his or her providing or failing to provide professional health care services. CG 04 50 05 08 © ISO Properties, Inc., 2007 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 21 06 05 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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. CG 21 06 05 14 © Insurance Services Office, Inc., 2013 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 26 77 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON - 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., B. The following exclusion is added to Paragraph 2., Exclusions of Section I — Coverage A — Bodily Exclusions of Section I — Coverage B — Per - Injury And Property Damage Liability: sonal And Advertising Injury 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. 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. 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. 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. CG 26 77 12 04 O ISO Properties, Inc., 2003 Page 1 of 1 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - LEAD This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY POLICY The following exclusion is added and applies to all coverages under the coverage form. This insurance does not apply to: a. Actual or alleged "bodily injury" arising out of the ingestion, inhalation or absorption of lead in any form; b. Actual or alleged "property damage', "personal and advertising injury", or "injury" arising out of any form of lead; c. Any actual or alleged liability arising out of any form of lead and assumed by an insured under any written or oral contract or agreement; d. Any loss, cost or expense arising out of any request, demand or order that any "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize in any way respond to or assess the effects of lead; or e. Any loss, cost or expense arising out of any claim or "suit" by or on behalf of any governmental authority for damages resulting from testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing or in any way responding to or accessing the effects of lead. All other terms and conditions of this policy remain unchanged. GL 99 38 09 18 Includes copyrighted materials of Insurance Services Offices, Inc., with its Page 1 of 1 permission. © WestGUARD Insurance Company, All rights reserved. COMMERCIAL INLAND MARINE CM 00 01 09 04 COMMERCIAL INLAND MARINE CONDITIONS The following conditions apply in addition to the 5. You will not, except at your own cost, voluntarily Common Policy Conditions and applicable Additional make a payment, assume any obligation, or in - Conditions in Commercial Inland Marine Coverage cur any expense without our consent. Forms: 6. As often as may be reasonably required, permit LOSS CONDITIONS us to inspect the property proving the loss or A. Abandonment damage and examine your books and records. There can be no abandonment of any property to US. B. 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 um- pire. If they cannot agree, either may request that selection be made by a judge of a court having ju- risdiction. 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: 1. Pay its chosen appraiser; and 2. 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. C. Duties In The Event Of Loss 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 bro- ken. 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 oc- curred. 4. Take all reasonable steps to protect the Cov- ered 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 dam- aged property aside and in the best possible order for examination. 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. 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 re- cords. In the event of an examination, an in- sured's answers must be signed. 8. Send us a signed, sworn proof of loss contain- ing the information we request to settle the claim. You must do this within 60 days after our request. We will supply you with the necessary forms. 9. Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or suit. 10. Cooperate with us in the investigation or set- tlement of the claim. D. Insurance Under Two Or More Coverages 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. E. Loss Payment 1. We will give notice of our intentions within 30 days after we receive the sworn proof of loss. 2. We will not pay you more than your financial interest in the Covered Property. 3. 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 claim against us for the owners' property. We will not pay the owners more than their financial interest in the Covered Property. 4. We may elect to defend you against suits aris- ing from claims of owners of property. We will do this at our expense. CM 00 01 09 04 © ISO Properties, Inc., 2003 Page 1 of 3 13 5. 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 the terms of this Coverage Part and: a. We have reached agreement with you on the amount of the loss; or b. An appraisal award has been made. 6. We will not be liable for any part of a loss that has been paid or made good by others. F. 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 Cover- age 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. G. Pair, Sets Or Parts 1. Pair Or Set In case of loss or damage to any part of a pair or set we may: a. Repair or replace any part to restore the pair or set to its value before the loss or damage; or b. Pay the difference between the value of the pair or set before and after the loss or dam- age. 2. Parts In case of loss or damage to any part of Cov- ered Property consisting of several parts when complete, we will only pay for the value of the lost or damaged part. H. 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 recov- ered property, subject to the Limit of Insurance. I. Reinstatement Of Limit After Loss The Limit of Insurance will not be reduced by the payment of any claim, except for total loss or dam- age of a scheduled item, in which event we will re- fund the unearned premium on that item. J. 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 neces- sary 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. 2. After a loss to your Covered Property only if, at time of loss, that party is one of the following: a. Someone insured by this insurance; or b. A business firm: (1) Owned or controlled by you; or (2) That owns or controls you. This will not restrict your insurance. GENERAL CONDITIONS A. Concealment, Misrepresentation Or Fraud This Coverage Part is void in any case of fraud, in- tentional concealment or misrepresentation of a material fact, by you or any other insured, at any time, 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. 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 the terms of this Coverage Part; and 2. The action is brought within 2 years after you first have knowledge of the direct loss or dam- age. Page 2 of 3 © ISO Properties, Inc., 2003 CM 00 01 09 04 0 D. No Benefit To Bailee No person or organization, other than you, having custody of Covered Property will benefit from this insurance. E. Policy Period, Coverage Territory We cover loss or damage commencing: 1. During the policy period shown in the Declara- tions; and 2. Within the coverage territory. F. Valuation The value of property will be the least of the follow- ing amounts: The actual cash value of that property; 2. The cost of reasonably restoring that property to its condition immediately before loss or damage; or 3. The cost of replacing that property with sub- stantially identical property. In the event of loss or damage, the value of prop- erty will be determined as of the time of loss or damage. CM 00 01 09 04 © ISO Properties, Inc., 2003 Page 3 of 3 ❑ ON HOOK PHYSICAL DAMAGE LEGAL LIABILITY COVERAGE FORM AGREEMENT IM 99 01 03 17 In return for "your' payment of the required premium, "we" provide the coverage described herein subject to all the terms of this On Hook Physical Damage Legal Liability Coverage. This coverage is also subject to the "schedule of coverages" and additional policy conditions relating to assignment or transfer of rights or duties, cancellation, changes or modifications, inspections, and examination of books and records. The Endorsements and Schedules identified on the "schedule of coverages" also apply. A. DEFINITIONS b. lightning, windstorm, or hail; 1. The words "you" and "your" mean the c. collision, overturn, or derailment of a persons or organizations named as the transporting conveyance; insured on the declarations or "schedule of d. collapse of a bridge or culvert; and coverages". e. theft. 2. The words "we", "us", and 'bur" mean the company providing this coverage. 8. "Spoilage" means any detrimental change in physical state of "perishable 3. "Limit' means the maximum amount of stock". Detrimental change includes, but coverage that applies. is not limited to, thawing of frozen goods, warming of refrigerated goods, or 4. "Perishable stock" means property solidification of liquid material. preserved and maintained under controlled conditions and susceptible to loss or 9. "Suit' means a civil judicial proceeding to damage if the controlled conditions change. determine "your" liability and damages for loss to Covered Property to which this 5. "Pollutant" means: insurance applies. Judicial proceedings also include arbitration proceedings in the a. any solid, liquid, gaseous, thermal, or event that "you" are required to submit, radioactive irritant or contaminant, with our consent, to arbitration. "Suit' including but not limited to acids, does not include an administrative alkalis, chemicals, fumes, smoke, proceeding. soot, vapor, and waste. Waste includes materials to be recycled, 10. "Terminal" means a building where reclaimed, or reconditioned, as well Covered Property is transferred between as disposed of; and vehicles or between vehicles and other transporting conveyances. b. electrical or magnetic emissions, whether visible or invisible, and sound emissions. 11. "Trailer' means an over -the -road non - motorized vehicle designed to carry cargo 6. "Schedule of coverages" means: and designed for usewith a tractor or other self-propelled powerunit. a. all pages labeled schedule of coverages or schedules that pertain to this coverage; "Trailer" includes: and a. trailers, semi -trailers, automobile racks, b. declarations or supplemental declarations flatbeds, lowboys, and tankers; that pertain to this coverage. b. dollies used to convert semi -trailers into 7. "Specified perils" means the perils of: trailers; and a. fire; c. shipping containers designed to be attached to and transported by trailers. All Other Terms and Conditions Remain Unchanged. IM 99 01 03 17 Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 10 12. "Transit" means the movement of Covered Property by "you": a. beginning at the point where "you" accept property into "your" care, custody, or control for transportation to a specific destination; b. including the ordinary, reasonable, and necessary stops, interruptions, delays, or transfers incidental to the route and method of shipment, including rest periods taken by the driver(s); and c. ending upon acceptance of the property by or on behalf of the consignee at the specified destination. 13. "Described vehicle" means any a tow truck or commercial vehicle shown in the "schedule of coverages" and used for towing or pulling a vehicle or trailer and its contents. 14. "Substitute vehicle" means a vehicle used as a replacement for a "described vehicle" which is temporarily out of service due to breakdown, repair, servicing, 'loss" or destruction. Subject to policy conditions "you" do not have to report the use of these replacement vehicles. "Substitute vehicles" may be used to complete the transit of the Covered Property. 15. "On hook" means a vehicle and/or cargo being lifted or towed on one set of wheels. It also includes the righting of overturned vehicles and the returning of stranded vehicles to the nearest roadbed by means of a wrecker crane (mast, boom, cable, winch) or airbags. "On hook" also includes a vehicle while being winched or secured onto a "described vehicle" for the purposes of transportation. 16. "Under tow" means a vehicle and/or cargo being towed or pulled by means of a wrecker crane, wheel lift, tow bars or similar equipment or any combination thereof, for the purpose of moving the vehicle from one location to another. A vehicle "under tow" will have one or more sets of wheels in contact with the ground. 17. "Transporting or transported" means the movement of a vehicle and/or cargo from one location to another "on hook" or IM 99 01 03 17 "under tow" or by means of carrying the vehicle or cargo in such a way that no part of it is in contact with the ground. B. COVERAGE 1. We cover your legal liability for loss from a Covered Peril to Covered Property: a. while under your care, custody, or control; and that you become legally obligated to pay as a result of transporting a vehicle and/or cargo by or on a described vehicle or a substitute vehicle. Covered Property is covered only while it is being loaded for shipment and in transit or on a described vehicle or substitute vehicle; or c. that you become legally obligated to pay as a common or contract carrier regardless of whether or not under a bill of lading, contract of carriage, or shipping receipt that is issued by you or that is issued on your behalf. We Do Not Cover — We do not pay for costs, expenses, fees, or freight charges earned prior to a shipment if you are legally liable for these charges, fines, penalties, or damages resulting from your violation of any law or regulation relating to any delay in payment, denial, or settlement of any claim. C. COVERED PROPERTY Covered Property means the following, but only to the limits stated in the schedule of coverages: 1. Property in Terminals — Property of others while in your care, custody or control: a. in due course of transit; and b. while being transferred; However, property being transferred is covered only during: a. loading and unloading; and b. any temporary storage associated with thetransfer. 2. Property in Vehicles — Property of others while in your care, custody or control: All Other Terms and Conditions Remain Unchanged. IM 99 01 03 17 Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 2 of 10 a. in due course of transit, on hook, under tow, or being transported on or by a described vehicle or a substitute vehicle; b. during loading or unloading; but we only cover loading and unloading if the property of others is loaded from or unloaded onto a sidewalk, street, loading dock, or similar area that is adjacent to a vehicle. D. PROPERTY NOT COVERED Covered Property does not include: 1. Art. Art or objects of art including paintings and statuary. 2. Contraband. Contraband or property in the course of illegal transportation ortrade. 3. Jewelry, Stones and Metal. Jewelry, precious or semi-precious stones, gold, silver, platinum, or other precious metals oralloys. 4. Live Animals. Live animals, including cattle or poultry unless death is caused or made necessary by a specified peril. 5. Money and Securities. Accounts, bills, currency, food stamps, or other evidences of debt, lottery tickets not held for sale, money, notes, orsecurities. 6. Trailer, Container or Conveyance. Any intermodal container, trailer, or any other carrying conveyance including any equipment or supplies that are part of the container, trailer, or conveyance. This exclusion does not apply to property of others as described under Covered Property 7. Vehicles. Your vehicles whether or not scheduled on the schedule of coverages, and whether or not they are used for transporting the property of others, or are on hook or under tow. 8. Property Hauled Without Charge. Property that you haul for others without charge. 9. Liquor and Tobacco. Liquor and tobacco products. 10. Tarpaulins and Wrapping Material. IM 99 01 03 17 Tarpaulins or wrapping materials. 11. Other Carriers. Property of others, for which you are legally liable, while in the custody of any other carrier if you have waived or otherwise made unenforceable your subrogation rights. 12. Property in Storage. Property of others, held in storage under warehouse receipts or other written contracts. E. COVERAGE EXTENSION Provisions That Apply To Coverage Extension — The following Coverage Extension indicates an applicable limit. This limit may also be shown on the schedule of coverages. If a different limit is indicated on the schedule of coverages, that limit will apply instead of the limit shown below. However, if no limit is indicated for a Coverage Extension, coverage is provided up to the full limit for the applicable Covered Property unless a different limit is indicated on the schedule of coverages. Unless otherwise indicated, the coverage provided below is part of and not in addition to the applicable limit for coverage described under Covered Property. The limit provided under a Coverage Extension cannot be combined or added to the limit for any other Coverage Extension or Supplemental Coverage including a Coverage Extension or Supplemental Coverage that is added to this policy by endorsement. If coinsurance provisions are part of this policy, the following coverage extensions are not subject to and not considered in applying coinsurance conditions. Debris Removal a. Coverage. We pay the cost to remove the debris of Covered Property that is caused by a Covered Peril. We Do Not Cover. This coverage does not include costs to: 1. extract pollutants from land or water; or 2. remove, restore, or replace polluted All Other Terms and Conditions Remain Unchanged. IM 99 01 03 17 Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 3 of 10 land or water. c. Limit. We pay up to $5,000 for debris removal expense when the debris removal expense exceeds 25% of the amount we pay for direct physical loss or when the loss to property and debris removal combined exceeds the limit for the damaged property. We do not pay any more under this coverage than 25% of the amount we pay for the direct physical loss. We will not pay more for loss to property and debris removal combined than the limit for the damaged property. d. You Must Report Your Expenses — We do not pay any expenses for debris removal unless they are reported to us in writing within 180 days from the date of direct physical loss to Covered Property. F. SUPPLEMENTAL COVERAGES Provisions That Apply To Supplemental Coverages — The following Supplemental Coverages indicate an applicable limit. This limit may also be shown on the schedule of coverages. If a different limit is indicated on the schedule of coverages, that limit will apply instead of the limit shown below. However, if no limit is indicated for a Supplemental Coverage, coverage is provided up to the full limit for the applicable Covered Property unless a different limit is indicated on the schedule of coverages. Unless otherwise indicated, a limit for a Supplemental Coverage provided below is separate from, and not part of, the applicable limit for coverage described under Covered Property. The limit available for coverage described under a Supplemental Coverage: a. is the only limit available for the described coverage; and b. is not the sum of the limit indicated for a Supplemental Coverage and the limit for coverage described under Covered Property. IM 99 01 03 17 The limit provided under a Supplemental Coverage cannot be combined or added to the limit for any other Supplemental Coverage or Coverage Extension including a Supplemental Coverage or Coverage Extension that is added to this policy by endorsement. If coinsurance provisions are part of this policy, the following supplemental coverages are not subject to and not considered in applying coinsurance conditions. 1. Freight Charges a. Coverage. We pay freight charges that are due you and that become uncollectible as a result of a direct physical loss to Covered Property caused by a Covered Peril. Limit. The most we pay in any one occurrence for all freight charges is $1,000. 2. Pollutant Cleanup and Removal a. Coverage. We pay your expense to extract pollutants from land or water if the discharge, dispersal, seepage, migration, release, or escape of the pollutants is caused by a Covered Peril that occurs during the policyperiod. b. Time Limitation. The expenses to extract pollutants are paid only if they are reported to us in writing within 180 days from the date the Covered Peril occurs. c. We Do Not Cover. We do not pay the cost of testing, evaluating, observing, or recording the existence, level, or effects of pollutants. However, we pay the cost of testing which is necessary for the extraction of pollutants from land or water. d. Limit. The most we pay for each location is $10,000 for the sum of all such expenses arising out of a Covered Peril occurring during each separate 12- month period of this policy. 3. Substitute Vehicle. The most we will pay for loss involving a substitute vehicle is the limit indicated on the schedule of All Other Terms and Conditions Remain Unchanged. IM 99 01 03 17 Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 4 of 10 coverages for the vehicle that has been replaced or disabled. 4. Loss of Use. We will pay for loss of use to a vehicle hauled by you in the event the loss is caused by a Covered Peril by this policy. Coverage will begin 24 hours after the time of loss. The most we will pay under this additional coverage for loss of use is $2,500. G. COVERED PERIL Covered Peril means direct physical loss unless the loss is caused by a peril that is excluded. H. PERILS EXCLUDED We do not pay for loss or damage caused directly or indirectly by one or more of the following excluded causes or events. Such loss or damage is excluded regardless of other causes or events that contribute concurrently or in any sequence to or aggravate the loss. a. Civil Authority. Order of any civil authority, including seizure, confiscation, destruction, or quarantine of property. This exclusion does not apply to 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. Nuclear Hazard. 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. Direct loss by fire resulting from the nuclear hazard is covered. c. War and Military Action 1. war, including undeclared war or civil war; or 2. a warlike action by a military force, including action taken to prevent or defend against an actual or expected attack, by any government, sovereign, or other authority using military personnel or other agents; or All Other Terms and Conditions Remain Unchanged. IM 99 01 03 17 3. insurrection, rebellion, revolution, or unlawful seizure of power including action taken by governmental authority to prevent or defend against any of these. With regard to any action that comes within the terms of this exclusion and involves nuclear reaction, nuclear radiation, or radioactive contamination, this War and Military Action Exclusion will apply in place of the Nuclear Hazard Exclusion. 2. We do not pay for loss or damage that is caused by or results from one or more of the following: a. Criminal, Fraudulent, Dishonest, or Illegal Acts. Criminal, fraudulent, dishonest, or illegal acts committed alone or incollusion with another by: 1. you; 2. others who have an interest in the property; 3. others to whom you entrust the property including but not limited to owner -operators you have hired; 4. your partners, officers, directors, trustees, joint venturers, or your members or managers if you are a limited liability company; or 5. the employees or agents of 1), 2), 3), or 4) above, whether or not they are in the course or scope of employment. This exclusion does not apply to acts of destruction by your employees, but we do not pay for theft by employees. b. Loss of Use. Loss of use, delay, or loss of market, except as specifically provided under the Supplemental Coverage. c. Pollutants. Release, discharge, seepage, migration, dispersal, or escape of pollutants: 1. unless the release, discharge, seepage, migration, dispersal, or escape is caused by a specified IM 99 01 03 17 Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 5 of 10 IM 99 01 03 17 peril; or 2. except as specifically I. WHAT MUST BE DONE IN A CASE OF LOSS provided under the Supplemental Coverages — 1. Notice. In case of a loss, you must: Pollutant Cleanup and Removal. a. give us or our agent prompt notice including a description of We do cover any resulting loss the property involved (we may caused by a specified peril. request written notice); and d. Spoilage. Spoilage of perishable stock. b. give notice to the police when the act that causes the loss is a crime. But if spoilage results in a specified peril, we do cover the loss or damage 2. You Must Protect Property. You must caused by that specified peril. take all reasonable steps to protect Covered Property at and after an e. Voluntary Parting. Voluntary insured loss to avoid furtherloss. parting with title to or a. Payment Of Reasonable Costs. We possession of any property do pay the reasonable costs incurred because of any fraudulent by you for necessary repairs or scheme, trick, or false pretense. emergency measures performed solely to protect Covered Property from f. Contamination or Deterioration. further damage by a peril insured Contamination or deterioration against if a peril insured against has including corrosion, decay, fungus, already caused a loss to Covered mildew, mold, rot, rust, contact with oil, Property. You must keep an accurate contact with one commodity to record of such costs. Our payment of another, or any quality, fault or reasonable costs does not increase the weakness in the Covered Property that limit. causes it to damage or destroy itself. b. We Do Not Pay. We do not pay for g. Labor Disturbances. Labor such repairs or emergency disturbances including strikes, lock outs, measures performed on property riots, civil commotion, or the acts of any which has not been damaged by a person taking part in a labor disturbance. peril insured against. h. Shifting, Packing and Handling. 3. Proof Of Loss. You must send us, Shifting of load, improper packing, or within 60 days after our request, a rough handling. We do pay for loss signed, sworn proof of loss. This must caused by a specified peril. include the following information: i. Temperature/Humidity. Humidity, a. the time, place, and circumstances of the dampness, dryness or changes in or loss; extremes of temperature. b. other policies of insurance that may cover j. Mechanical Breakdown. Mechanical theloss; or electrical breakdown or failure. We do pay for loss if caused by fire or c. your interest and the interests of all others explosion. However, we do not pay in the property involved, including all for breakdown or failure of a mortgages and liens; refrigeration unit regardless of the cause of loss. d. changes in title of the Covered Property during the policy period; and k. Heating Equipment. Breakdown or failure of heating equipment installed in a e. estimates, specifications, inventories, cargo compartment. and other reasonable information that we may require to settle the loss. I. Wear and Tear. All Other Terms and Conditions Remain Unchanged. IM 99 01 03 17 Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 6 of 10 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 canceled checks relating to value, loss, and expense and permit copies and extracts to be made of them as often as we reasonably request. Damaged Property. If the damaged and undamaged property is in your care, custody, or control, you must exhibit the property as often as we reasonably request and allow us to inspect or take samples of the property. 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 furtherdamage. 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. 10. Transfer of Rights of Recovery Against Others to Us. You cannot transfer your rights of recovery against others or waive your rights of subrogation without our permission. J. VALUATION Property Of Others. 1. Actual Cash Value. The value of property of others, as described under Covered Property, will be based on the actual cash value at the time of the loss (with a deduction for depreciation). 2. If Your Responsibility for Covered Property is Reduced. If the amount of your responsibility for Covered Property is reduced, we will not pay more for loss to Covered Property than the reduced amount of your responsibility plus the cost of labor, All Other Terms and Conditions Remain Unchanged. IM 99 01 03 17 materials or services furnished or arranged by you. The reduced amount of your responsibility will be based on an amount: a. set by law; or b. lawfully set by you in a bill of lading, contract of carriage or shipping receipt that is issued by you or that is issued on your behalf. 3. Pair or Set. The value of a lost or damaged article which is part of a pair or set is based on areasonable proportion of the value of the entire pair or set. The loss is not considered a total loss of the pair or set. 4. 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 only the lost or damaged part or the cost to repair or replace. K. 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 schedule of coverages in any one occurrence. We may pay all or a portion of the deductible amount to settle a loss or suit. If we do pay all or a portion of the deductible amount, you must promptly reimburse us for the amount that we paid. 3. Loss Settlement Terms. Subject to paragraphs 1., 2., 4., and 5. under How Much We Pay: a. We Pay the Lesser Of. We pay the lesserof: 1. the amount determined under Valuation; 2. the cost to repair, replace, or rebuild the property with material of like kind and quality to the extent practicable; or 3. the limit for vehicle or terminal location indicated on the schedule of IM 99 01 03 17 Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 7 of 10 coverages. b. Catastrophe Limit. In no event will we pay more than the catastrophe limit indicated on the schedule of coverages regardless if a loss involves: 1. one or more vehicles; 2. one or more terminal locations; or 3. any combination of vehicles or terminal locations. c. When a Vehicle is at a Terminal. When a vehicle is situated within a terminal building or within 100 feet of a terminal building, the limit for the terminal location applies. In no event will we combine the limit for a terminal location with the limit for a vehicle. 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. Proportional Share. 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. Excess Amount. 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. But we do not pay more than the applicable limit. L. LOSS PAYMENT 1. Loss Payment Options. IM 99 01 03 17 3. rebuild, repair, or replace the property with other property of equivalent kind and quality, to the extent practicable, within a reasonable time; or 4. take all or any part of the property at the agreed or appraised value. b. Notice of Our Intent to Rebuild, Repair, or Replace. 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. a. Adjustment and Payment of Loss. We adjust all losses with you. Payment will be made to you unless another loss payee is named in the policy. b. Conditions for Payment of Loss. An insured loss will be payable 30 days after: 1. a satisfactory proof of loss is received; and 2. 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. a. Adjustment and Payment of Loss to Property of Others. Losses to property of others may be adjusted with and paid to: 1. you on behalf of the owner; or 2. the owner. We do not have to Pay you if we Pay 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. M. OTHER CONDITIONS a. Our Options. In the event of loss covered by this coverage form, we have 1. Appraisal. If you and we do not agree the following options: on the amount of the loss or the value of Covered Property, either party may 1. pay the value of the lost or damaged demand that these amounts be property; determined by appraisal. 2. pay the cost of repairing or replacing the lost or damaged property; If either makes a written demand for All Other Terms and Conditions Remain Unchanged. IM 99 01 03 17 Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 8 of 10 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. 2. Bankruptcy of an Insured. Bankruptcy or insolvency of an insured does not relieve us of our obligations under this coverage. 3. Benefit to Others. Insurance under this coverage will not directly or indirectly benefit anyone having custody of your property. 4. Conformity with Statute. When a condition of this coverage is in conflict with an applicable law, that condition is amended to conform to thatlaw. 5. Estates. This provision applies only if the insured is an individual. IM 99 01 03 17 or 2) your legal representative. This person or organization is an insured only with respect to property covered by this coverage. b. Policy Period is not Extended. This coverage does not extend past the policy period indicated on the schedule of coverages. 6. 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 subjectthereof. 7. Policy Period. We pay for a covered loss that occurs during the policy period. S. 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 claim paid or any lesser amount to which we agree; and a. Your Death. On your death, we cover the following as an insured: e. if the claim paid is less than the agreed loss due to a deductible or 1) the person who has other limiting terms of this policy, any custody of your property recovery will be pro rated between until a legal representative you and us based on our respective is qualified and appointed; interest in the loss. All Other Terms and Conditions Remain Unchanged. IM 99 01 03 17 Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 9 of 10 9. Restoration of Limits. A loss we pay under this coverage does not reduce the applicable limits. 10. 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. 11. Suit Against Us. No suit may be brought against us unless: a. all of the terms of this coverage have been complied with; and b. the amount of the insured's liability has been determined by: 1. a final judgment against an insured as a result of a trial; or 2. a written agreement by the insured, the claimant, and us. No person has a right under this coverage to join us or implead us in actions that are brought to determine an insured's liability. 12. Territorial Limits. We cover property while it is in the United States of America, its territories and possessions, Canada, and Puerto Rico. 13. Your Reimbursement to Us. You must reimburse us all sums for a loss that we have paid and that we would not have been required to pay except for the attachment to this policy of any federal, state, or other regulatory endorsement. You must reimburse us within 30 days after we have notified you that we have paid a loss that we would not have been required to pay except for the attachment of a required regulatory endorsement. Authorized Representative IM 99 01 03 17 Date All Other Terms and Conditions Remain Unchanged. IM 99 01 03 17 Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 10 of 10 ON HOOK PHYSICAL DAMAGE LEGAL LIABILITY SCHEDULE OF COVERAGES COVERED PROPERTY SCHEDULED VEHICLES VEHICLE NO. COVERAGE LIMITS Per Occurrence Aggregate Limit COVERAGE EXTENSIONS Debris Removal DESCRIBED VEHICLE SEE SCHEDULE ON FORM FOR A LIST OF SCHEDULED VEHICLES TO WHICH THESE DECLARATIONS, INCLUDING LIMITS AND DEDUCTIBLES APPLY LIMIT SEE SCHEDULE The most "we" pay for loss involving any one "described vehicle". $500, 000 The most "we" pay for loss in any one occurrence. $ 5,000 SUPPLEMENTAL COVERAGES Freight Charges $ 1,000 Pollutant Cleanup and Removal $10,000 Loss of Use $ 2,500 DEDUCTIBLE $1,000 IM 99 02 03 17 Page 1 of 1 COMMERCIAL INLAND MARINE CM 01 07 06 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES This endorsement modifies insurance provided under the following: COMMERCIAL INLAND MARINE COVERAGE PART A. The Conditions of this Coverage Part that are in D conflict with the statutes of the State of Washington are amended to conform to such statutes. B. Loss Condition B. Appraisal in the Commercial Inland Marine Conditions is replaced by the following: B. 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: 1. Pay its chosen appraiser; and 2. Bear the other expenses of the appraisal and umpire equally. C. General Condition C. Legal Action Against Us in the Commercial Inland Marine Conditions is replaced by the following: C. 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 the terms of this Coverage Part; and 2. The action is brought within two years after you first have knowledge of the direct loss or damage. If this action is brought pursuant to Sec. 3 of RCW 48.30, then 20 days prior to filing such an action, you are required to provide written notice of the basis for the cause of action to us and the Office of the Insurance Commissioner. Such notice may be sent by regular mail, registered mail, or certified mail with return receipt requested. In each of the Commercial Inland Marine Coverage Forms, in the section titled Exclusions, any introductory paragraph preceding an exclusion or list of exclusions is replaced by the following paragraph, which pertains to application of those exclusions: We will not pay for loss or damage caused by any of the excluded events described below. Loss or damage will be considered to have been caused by an excluded event if the occurrence of that event: 1. Directly and solely results in loss or damage; or 2. Initiates a sequence of events that results in loss or damage, regardless of the nature of any intermediate or final event in that sequence. E. With respect to the: • Commercial Articles Coverage Form • Camera And Musical Instrument Dealers Coverage Form • Equipment Dealers Coverage Form • Physicians And Surgeons Equipment Coverage Form • Signs Coverage Form • Theatrical Property Coverage Form • Film Coverage Form • Floor Plan Coverage Form • Jewelers Block Coverage Form • Accounts Receivable Coverage Form • Valuable Papers And Records Coverage Form the term Volcanic Action in Paragraph AA.b.(4)(b) and Paragraph 13.3.d. (in Accounts Receivable Coverage Form Paragraph 13.4.d.) is replaced by the following: Volcanic Action 1. Volcanic Action means direct loss or damage resulting from the eruption of a volcano when the loss or damage is caused by: a. Volcanic blast or airborne shock waves; or CM 01 07 06 19 © Insurance Services Office, Inc., 2018 Page 1 of 3 b. Ash, dust or particulate matter. This endorsement does not provide coverage for damage to: (1) Land; (2) Property in the open or in open sheds; or (3) Portions of buildings not completely enclosed, or personal property contained within those buildings. With respect to coverage for Volcanic Action as set forth in 1.a. and 1.b., all volcanic eruptions that occur within any 168-hour period will constitute a single occurrence. 2. Removal Direct loss includes the cost to clean property. If property cannot be returned to its state before the volcanic eruption, the measure of loss will be the reduction in actual cash value. Payment for removal applies only to the initial deposit of ash, dust or particulate matter following a volcanic eruption. Subsequent deposits arising from the movement of volcanic G. dust or ash by wind or other means are not covered. 3. Volcanic Action does not include loss caused by, resulting from, contributed to or aggravated by: a. Fire; b. Explosion; c. 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); or d. Earth movement, including but not limited to earthquake, volcanic eruption, landslide, mine subsidence, lava flow, mudflow, earth sinking, earth rising or shifting. F. With respect to the: • Camera And Musical Instrument Dealers Coverage Form • Equipment Dealers Coverage Form • Floor Plan Coverage Form • Jewelers Block Coverage Form the following replaces the Water Exclusion in the Coverage Form: (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); or (2) Waterborne material carried or otherwise moved by any of the water referred to in Paragraph (1). This exclusion applies if any of the above, in Paragraphs (1) and (2): (a) Occurs independently; (b) Is caused by an act of nature; (c) Is caused by an act or omission of humans or animals; or (d) Is attributable to the failure, in whole or in part, of a dam, levee, seawall or other boundary or containment system. But if any of the above, in Paragraphs (1) and (2), results in fire, explosion or theft, we will pay for the loss or damage caused by that fire, explosion or theft if these causes of loss would be covered under this Coverage Form. This exclusion only applies to property at your premises. The Weather Conditions Exclusion is deleted from the following: • Commercial Articles Coverage Form • Physicians And Surgeons Equipment Coverage Form • Signs Coverage Form • Theatrical Property Coverage Form • Film Coverage Form • Accounts Receivable Coverage Form • Valuable Papers And Records Coverage Form H. With respect to the: • Camera And Musical Instrument Dealers Coverage Form • Equipment Dealers Coverage Form • Floor Plan Coverage Form • Jewelers Block Coverage Form Page 2 of 3 © Insurance Services Office, Inc., 2018 CM 01 07 06 19 the Weather Conditions Exclusion is replaced by the following: a. Weather Conditions A weather condition which results in Water, as described in Paragraphs F.(1) and F.(2). But if loss or damage by fire, explosion or theft results, we will pay for the loss or damage caused by that fire, explosion or theft if these causes of loss would be covered under this Coverage Form. This exclusion only applies to property at your premises. I. Except as provided in Paragraph J., the following sentence is added to each exclusion in: 1. Paragraph 13.3. of all Commercial Inland Marine Coverage Forms except the Mail Coverage Form and the Accounts Receivable Coverage Form; and 2. Paragraph B.4. of the Accounts Receivable Coverage Form: But if loss or damage by a Covered Cause of Loss results, we will pay for the loss or damage caused by that Covered Cause of Loss. In the Commercial Articles, Camera And Musical Instrument Dealers, Equipment Dealers, Physicians And Surgeons Equipment, Signs, Theatrical Property, Floor Plan, Jewelers Block and Valuable Papers And Records Coverage Forms, Exclusion 13.3.e. is replaced by the following: e. Wear and tear, any quality in the property that causes it to damage or destroy itself, hidden or latent defect, gradual deterioration, depreciation; mechanical breakdown; insects, vermin, rodents; corrosion, rust, dampness, cold or heat. But if loss or damage by a cause of loss not otherwise excluded or by collapse, as provided in the Additional Coverage Collapse, results, we will pay for the loss or damage caused by that Covered Cause of Loss. CM 01 07 06 19 © Insurance Services Office, Inc., 2018 Page 3 of 3 THIS ENDORSEMENT CHANGES T HE POLICY – PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS 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: (The following needs to be completed only when this endorsement is issued subsequent to inception of the p olicy.) Named Insured Endorsement Effective Policy Number SCHEDULE A.Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule above, but only with respect to liability for "bodily injury ", "property damage", or " personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; arising out of use of a covered “auto” in your business when such use is pursuant to a written contract or agreement between you and the additional insured. B.With respect to the insurance afforded to the additional insur ed, the following additional exclusions apply: This insurance does not apply to : 1."Bodily injury" or "property damage" arising out of the maintenance of a covered "auto" by the additional insured; 2."Bodily injury" or "property damage" for which the additional insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the additional insured would have in the absence of the contract or agreement; and 3.Any "accident" which takes place after the contract or agreement between you and the additional insured is terminated. C.The insurance provided under this endorsement is excess over any other valid and collectible insurance available to the additional insured, unless you have agreed in a written contract or agreement for this insurance to apply on a primary or non-contributory basis. All Other Terms and Conditions Remain Unchanged. BA 99 09 03 17 “Includes copyrighted material of Insurance Services Office, Inc. with its permission” Name of Additional Insured Person(s) or Organization(s): K2GP42298201/10/2023 NFS Towing, LLC City of Kent Washington, Patrol I Police Department 220 Fourth Avenue South Kent, WA 98032 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES Policy Change Number POLICY NUMBER NAMED INSURED POLICY CHANGES EFFECTIVE COMPANY AUTHORIZED REPRESENTATIVE COVERAGE PARTS AFFECTED CHANGES Copyright, Insurance Services Office, Inc., 1983 Copyright, ISO Commercial Risk Services, Inc., 1983 Authorized Representative Signature Page of IL 12 01 11 85 K2GP422982 01/10/2023 AmGUARD Insurance Company - KBK Towing 1 1 1 It is understood and agreed that the policy is amended as follows: The following policy coverages are added: The following forms are added: All other terms and conditions remain unchanged. NFS Towing, LLC 35308 42nd Avenue South Auburn, WA 98001 Nottingham Agency, Inc. HAMILTON NJ Hamilton, NJ 08690 Business Auto Coverage Form (Addt'l Insured) - City of Kent Washington, Patrol I Po BA 99 09 (03-17) Additional Insured Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES Policy Change Number POLICY NUMBER NAMED INSURED POLICY CHANGES EFFECTIVE COMPANY AUTHORIZED REPRESENTATIVE COVERAGE PARTS AFFECTED CHANGES Copyright, Insurance Services Office, Inc., 1983 Copyright, ISO Commercial Risk Services, Inc., 1983 Authorized Representative Signature Page of IL 12 01 11 85 K2GP422982 01/10/2023 AmGUARD Insurance Company - KBK Towing 1 1 1 NFS Towing, LLC 35308 42nd Avenue South Auburn, WA 98001 Nottingham Agency, Inc. HAMILTON NJ Hamilton, NJ 08690 Commercial Package It is understood and agreed that the policy is amended as follows: The following policy coverages are added: CG 20 26 (12-19) Additional Insured Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY CG 20 26 12 19 POLICY NUMBER: © Insurance Services Office, Inc., 2018 Page of CG 20 26 12 19 ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE A.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: 1.In the performance of your ongoing operations; or 2.In connection with your premises owned by or rented to you. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section 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; whichever is less. This endorsement shall not increase the applicable limits of insurance. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Name Of Additional Insured Person(s) Or Organization(s): City of Kent Washington, Patrol I Police Department K2GP422982 1 1 Department of Labor & Industries Certificate of Workers' Compensation Coverage January 13, 2023 What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See RCW 51.12.050 and 51.16.190). WA UBI No.604 571 896 L&I Account ID 607,782-00 Legal Business Name NFS TOWING LLC Doing Business As NFS TOWING LLC Workers' Comp Premium Status:Account is current. Estimated Workers Reported (See Description Below) Quarter 3 of Year 2022 ''4 to 6 Workers'' Account Representative Employer Services Help Line, (360) 902-4817 Licensed Contractor?No