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CATV - CABLE TELEVISION (18) ~.'" i' tf;1 ). LW-J:.-~.)~,( - 11 /"'" I \.,,:t~,- Ru PPEL, P. A, JOH NSON, BLAKELY, POPE, BOKOR & ATTORNEYS AND COUNSELLORS AT LAW 911 CHESTNUT STREET JOHN T. BLAKELY BRUCE H. BOKOR ELIZABETH J. DANIELS ELLEN L. FOWLER TIMOTHY A. JOHNSON, JR. F. WALLACE POPE, JR. DENNIS G. RUPPEL JOEL R. TEW GLEE A. TRIPLETT POST OFFICE BOX 1368 TELEPHO N E AREA CODE 813 461-1818 CLEARWATER, FLORIDA 33517 l.~.c-I..I'.}/ ~E..., April 30, 1981 "1/'.1 i 1 '1:\ l)::> ~. Thomas A. Bustin, Esquire City Attorney City of Clearwater Post Office Box 4748 Clearwater, Florida 33518 CJlYATTOi..Kitt ~:y~ t;. Re: Vision Cable of Pinellas, Inc. Dear Mr. Bustin: This is to confirm our telephone conference earlier today. Upon receipt of your April 15, 1981, letter, I again reviewed my file concerning the Vision Cable insurance. My file reflects that on October 15, 1980, I forwarded to you the new Transamerica Insurance Company policy, effective June 30, 1980, which replaced the two prior policies issued by Centennial Insurance Company. At that time, I also forwarded a copy of the binder adding the j18(f) clause of Ordinance 2084. ! /j I ~r(.U..f I ~~~. ..> oZ" :~fr.. M J ~ Y~I (tr~ ,1 ( .'(J,;,/(I.M t1. .!.-C..../ '. c:~/V'~ .i II r~ &:CVt<.fr..a . Thereafter, on December 9, 1980, I forwarded the actual endorsement for thej18(f) clause. Accordingly, the City Clerk now should have one complete policy written by Transamerica, plus the endorsement requiring notice to the city prior to cancellation. From the date you provided in your letter, the certificate to which the Clerk refers must pertain to the prior Centennial policies, which are no longer in effect. The Clerk should have on file the one Transamerica policy, plus the endorsement. If she does not have those items, please let me know and I will furnish copies from my file. Very trU?l!}.y ou. rs, /~ ' L,q. ,,~ Joe .ew JRT:dm cc: Vision Cable , , March 17, 1981 Joel R. Tew, Esquire PO Box 13680 Clearwater, Florida 33517 Re: VisioR Cable of Pbl,el1as, Inc. Dear Mr. Tew. Pleale refer to my letter of September 8, 1980, relatin, to the above and its Insurance policies. Specl1ically, 1 am rol8rrln. to the last parall'apb of that letter. The City Clerk bas contacted me and advised that Vision Cable stUI has not cleared up the problem de.crlbed In that paraaraph. Sh. ie 8ti11 holcUnl a cel'tlftcate i..ued by Tranlamerlca Inlurance which .he can not relate to any pollcy on flle. I would appreciate it if you would bave the company clear up this situation. Sincerely yours, TAB:br .j CCI City Clerk Thomas A. BUltin City Attorney ...r' "~' , ......' ~,~~ I CI'TY OF CLEARWATER Interdepartment Correspondence Sheet TO: FROM: COPIES: SUBJECT: ~homas A. Bustin, ~fty ~ttorney TJuci11e 1:ri11ii3T1.'>, ("'i ty ("lerk Vision CaLle - Insurance DATE: :'larch 16 I 19A1 Reference is 'ad~ to the last paragraoh of your letter of 8rmternLer 8, 1980 I to Jo(~l n. ..,(~W, co:->y a ttachec: . .l\ttached is a copy of t:h~ insurance certificate in cruestion. He cannot reV:\te the policy nu:ml~ers shown with copies of in- surnTlce \101ici0.s we h3.V0 OJl ,cile. rlr:;>',t~ ,'"'dvise. . r"jr'T j .l~ J..l"', .:, J {..:;.) J I September~, 1980 Joel R. Tew, Esquire PO Box 1368 Clearwater, Florida 33517 Re: Vilion Cable of PineUae, Inc. - Insurance Policies Dear Mr. Tew: Please refer to your file relating to the above 8ubject matter. As I indicated in our last di8cussion about the policies. which occurred around June 9. 1980. I forwarded the policies to our insurance consultant for their examination. I qave finally received their report and they find the policiea to be acceptable as to limits and in conformance with Ordinance No. 20&4; however, they concurreci with me in the following deficiency which I would like tocl..~ up as qUickly as pos8ible in order that I can fully approve such policies: (1) The policies applicable to the requirements 8 et forth in Ordinance No. 2084 do not contain the Section 18 f endorseUlent. It would appear to me that this matter could be cleared up rather eadly by havlnl the compaDY or companies Involved ilsue a rider contalolDI the endorsement. With the above addition, the consultant indicate. that the policies will then fully meet OrdiDaDc:e No. 2084. In addition to the above, the City Clerk ju.t advhed me that ehe bad received a certificate of insurance frozn Transamerica In.vance COIXlpany. If that policy II beln. sub.tltuted for one of the policies you forwarded to me, then a copy of that pollcy should be med rather than the certificate. Slacerely your., TAB:br cc: City Clerk l/ Thomas A. Bu.tin CUy Attorney ~. ~.,'" " ~ 'M~adJwbrook~Richmal., Inc. tV . YO""."",." Comp,,", q ()( g II /' ~~ /' 1'-,//<' · ,,/i } AftlhOles Keeps Enterprises. Ltd, American ViI\ing Insurance Company, Ltd. J'" l 1. J' ;1) '';-,< (.'/ J '- ' ~,'':' ': /t" 1 il ,.,./' ~ )) " July 22,1980 1 j ,'. General Insurance · Life & [state Planning · Group & Fringe Oenefits · Loss Adjustors ., Consulting ) ,{ I .t) )~i,iV/ <v ,f'(,t , , i' )' .., ..--/1" '>' .!./V II' ) L U City of Clearwater, Florida Clearwater, Florida RE Vision Cable Communications, Inc. Gentlemen: Enclosed please find a replacement Certificate issued in your behalf for the above captioned Insured. You will note that this Certificate reflects new coverage in-force effective 6/30/80 to 6/30/81 for Transamerica Insurance Company. Please substitute this Certificate for your current Certificate which you have with the Centennial Insurance Company. Thank you for your cooperation in this matter. If you have any questions regarding this replacement Certificate, please do not hesitate to con- tact our office. CVN/bk Enc1 . "I ~ 1.11 East Main Street · Elmsford. New York 1052.1 (914) 592-2070 OVf'f 60 Yf'ors of Sf'NtCe 10 Ihf' Insuroncf' tnduslry COMPANIES AFFORDING COVERAGES COMPANY LETTER A B C D E Meadowbrook-Richman, Inc. 131 E. Mai n St. Elmsford NY 10523 COMPANY LETTER Transamerica Ins. Co. COMPANY LETTER NAME AND ADDRESS OF INSURED COMPANY LETTER Vision Cable of Pinel las, 1472 Gulf-to-Bay Blvd. Clearwater FL 33517 Inc. COMPANY LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time, 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, TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATION DAl E Limits of Liability in Thousands ( OCC~~~~NCE AGGREGATE GENERAL LIABILITY BODILY INJURY A ~ COMPREHENSIVE FORM ~ PREMISES-OPERATIONS D EXPLOSION AND COLLAPSE HAZARD []I UNDERGROUND HAZARD []I PRODUCTS/COMPLETED OPERATIONS HAZARD []I CONTRACTUAL INSURANCE D BROAD FORM PROPERTY DAMAGE []I INDEPENDENT CONTRACTORS [XI PERSONAL INJURY 12510796 6/30/81 PROPERTY DAMAGE $ $ BODILY INJURY AND PROPERTY DAMAGE COMBINED $500 $500 PERSONAL INJURY $500 A AUTOMOBILE LIABILITY [XI COMPREHENSIVE FORM [Xl OWNED [Xl HIRED [Xl NON.OWNED BODILY INJURY (EACH PERSON, $ $ 12510796 6/30/81 BODILY INJURY (EACH ACCIDENT) PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE COMBINED $500 EXCESS LIABILITY BODIL Y INJURY AND D UMBRELLA FORM D OTHER THAN UMBRELLA FORM PROPER TY DAMAGE COMBIr-.ED A WORKERS' COMPENSATION and EMPLOYERS' LIABILITY OTHER B-03435 6/30/81 DESCRIPTION OF OPERATIONS/LOCAT!ONSNEHICLES All Operations of the Insured. Cancellation: Should any of the above desc~8ed policies be cancelled before the expiration date thereof, the is~;uing com. pany will endeavor to mail days written notice to tile below named certificate holdet., but failure to mall such notice shall impose no obligation or liability of any kind upon the company, City of Clearwater, Florida Clearwater FL -l I 80 NP,ME AND ADDRESS OF CERT!FICA Tf HOLDER: TATIVE ~ 'jl . 'If:-:':::' ;[" j:' ""fillbd~...J' i.!'.:;'t~l'~_:;""" :! :.:" :'i,~h~(. TQ: ,,:t, "11 ; : i' ~ f i i;,: ,i I ,TbO...,.. ,~~~ __,r' _;1_ :1 t ~...: ::!t:e''':~'i'. .:." ~\!lil1'~~1~il-~:.0m;[:lj~~~.~. I :i; :::y:~:~ :;'.ll:~,-iji-' ;,[;11 ,.;iL:,,:,lW :(]-:,>H~riij 'i>~::':"~:!<:;j:;,j~+r:'-i~-W,<;~~;~~-:-:,"::'_,--__ il.'.,.',i,'.!'.!...!.i'.. !..;.:.:I.....:....I.,~.I.I~... '. .J1!:I.!_..,: '.'~. iil.!f~. Lif..... '~.. j.'l~...~.JI..',.!'.I.;.:.I'.:..!.~.'. '.: il'i{!W:l '; iWI;i~..~~~II!'..,,~"~~,,~!!~1 -.., ,~!'. . "'''''Iili FIIlOM: (OPIES: ,~ .{ ,Attt"._.ct :vheth..r it , '! Pl..,.. adv1.. .1 l - + o B ENDORSEMENTS OF DRAFT&RAWN: I AM DATE I NEGOTIATED BY IN WORDS ... . "'-,._---- ---- . .. _.n ------._- f-__._____......._..__.._._._n____. . . .-- I ---' I .-.-... ...-i.---- ! ------,""'--- ..- - -~----~--_. .. . - .- -~-- i I I ;p..- ..". -.s aUNT I IN FIGURES L ............__..._...._._.._._...____ 1------------ -.--------,.- I I --1---.-------.-----... . -t=-~--- .~ I I I I I ~+-=--=--~ . - l.-------.----~-.- I _._-~_......__.__..._--- -.....-. I I . i..---...-..-~-...-- I 1 ! --r"'--.-"-' ------ I --.-j-". . .....----.....---------....- I --. --- r-- - ,--,-~---_.----------_.-------.- ; I I . .__J_.........___...._ -._____..._. I . I i ..... .1..----..--------.-- I I i .--r----------..- .-L 1----- i-------.------ -1-----n..---~..- -~._------_._-- -=1.. ....- -- THIS LETTER OF CREDIT SHOULD BE CANCELLED AND ATTACHED TO THE LAST DRAFT C J0379 v" - CONSTRUCTION SCHEDULE BY AREA (Basic Subscriber Network Only; Cable A) Year Planning District Numbers Plant Miles 11 Districts 5 & 6 District 7 District 3 - By January 1, 1981 - By February 1, 1981 - Partial Completion by March 1, 1981 1382 \ .... , ,<. 2 District 3 District 4 District 2 Districts 8 & 9 Districts 1 & 10 - By April 1, 1981 - By May 1, 1981 - By June 1, 1981 - By July 1, 1981 - By August 1, 1981 1853 lYeCZ1' 1 begins on the date the franchise is awCZ1'ded. 2Sixty miles shall be fifty-one channel capacity system. The balance of the mileage in the first yeCZ1' shall be forty-channel capacity system due to delivery schedule of fifty-one channel geCZ1'. This forty-channel mileage shall be changed out uith fifty-one channel geCZ1' during August and Septerriber, 1981. The entire system shall be completed uith fifty-one channel gear before October 1, 1981. There shall be a minimum of one hundred and thirty-eight plant miles of fifty-one channel geCZ1' by mid-April, 1981. 3All system mileage constructed during yeCZ1' two shall be con- structed uith fifty-one channel geCZ1'. ~ ....................... ... .................. ....................... . ................. ,- Fr Transamerloa IIIII Jnsurance Services ENDORSEMENT rxTRANSAMERICA 0 WOLVERINE DPREMIER 0 RIVERSIDE 0 VISION CABLE COMMUNICATIONS INC. ETAL MEADOWBROOK-RICHMOND 622165 AS REGARDS VISION CABLE OF PINELLAS, INC. AND THE CITY OF CLEARWATER, FLORIDA AS ADDITIONAL INSURED, THE FOLLOWING CLAUSE IS' HEREBY ADDED IN ACCORDANCE WITH SECTION S18(F) OF THE CITY OF CLEARWATER ORDINANCE #2084 : lilT IS HEREBY UNDERSTOOD AND AGREED THAT THIS INSURANCE POLICY MAY NOT BE CANCELLED BY THE INSUROR, NOR INTENTION NOT TO RENEW BE STATED BY THE INSUROR UNTIL 30 DAYS AFTER RECEIPT BY THE CITY, BY REGISTERED MAIL, OF A WRITTEN NOTICE OF SUCH INTENTION TO CANCEL OR NOT TO RENEW." MP/cf 11/20/80 D AT E ALL OTHER TERMS .ND CONDITIONS or THIS POLICY REMAIN UNCHANGED 80A (5-76) ORIGINAL .................... -....-...., - -. ..,_.... .J' 1].-;-')" ~ \, , (t! meadowbrook - richman, inc. , a Viking Venture Company 131 EAST MAIN STREET. ELMSFORD. N.Y, 10&23 (114) 512-2070 r-t A~ENT BINDER No" Nil INVOICE No.( 04637 FOLLOW UP DATES: 1017/80 10/21/80 TYPING DATE: INSURED . Vision Cable Communications, Inc., et al ADDRESS . 110 E. 59th St. . New York NY 10022 Effective Date: 6/30/80 We are plea8ed to confirm your order for coverage effected In your behalf a8 Indicated herein. Please advise any correctlon8 or amendments required. This acknowledgement will expire when the policy or endor8ement 18 l88ued. Description of Coverage: COMPREHENS IVE GENERAL/AUTO o New Policy Qg Endorsement As regards Vision Cable of Pinel las, Inc. and the City of Clearwater, Florida as Additional Insured~ the following clause is hereby added in accordance with Section S18(f) of the City of Clearwater Ordinance #2084: lilt is hereby understood and agreed that this insurance policy may not be cancelled by the insuror, nor intention not to renew be stated by the insuror until 30 days after receipt by the City, by registered mail, of a written notice of such intention to cancel or not to renew." Security Reference No. Should the coverage specified herein Transamerica Ins.Co. Policy # be cancelled or modified, Meadow- ATT Jack Geraghty 1251-10-23 brook-Richman Inc. will endeavor to replace on acceptable terms to those Indicated herein. Authorized Underwriter's Acceptance ~'~ X By Carolyn V. Norton l'#!;\V ADDRESS ~,I.r !l . 'I.',;), ~ . SSOC I .,- :'V1 ~;VCK &: A .. ~ -~. '~~~ ,; ~t1ut+k Street Nor;:, ;': 8: Itnt 21343 .St.~ti3J\SLrft, Fl 33741..- t.r.~hon~\ ,iU9f 5'1. e.aa ( d ';I~'7S2"{T IN~ I ,A Kl'''~~~ ':~'/__'i...... ~... 4.":"~ ~TS, BI: ~= _~~i ACKNOVJLEDGMENT E. W. SIVER & ASSOCIATES,INC. P,O, BOX 12829 ST PETERSBURG. FLORIDA 33733 PHONE 813-822-9335 FROM E ~ WCl;lsl'I. TO Gerald B', w.e~e.r Assistant City Manager City of Clearwater REF. Cable Conununication Franchise Enclosed is a Document Cover Note which we have prepared for Ordinance #2084-Cable Communication Franchise Ordinance. We have reviewed the copies of the policies issued to Vision Cable Communications and note the following: .( ~ .', 11:' .~', 1) There is a requirement that the company provide a corporate surety bond or an irrevocable Letter of Credit in the amount of $1,000,000, and that the City be given thirty (30) days notice of cancellation of bond or credit letter by registered mail. Although the City may have this in its files, we see no evidence of this. 2) The Liability policies should be endorsed to include the City of Clearwater and should include the provision that thirty (30) days notice of cancellation be given to the City. 3) In addition to the Document Cover Note we enclose the copies of the policies and the Franchise Ordinance Agreement. If we can be of further service, please do not hesitate to contact us. DATE ~i- ~ /1~~~~~ ;bti~~~~~ August 26, 1980 ~' · '- ,. (The Attaching c,'.e need be comPle:~'d only wh~J this endorsement Is Issued stseQuent to preparation of the policy.) 1" L 911 0 (Ed. 10-(6) LIABILITY MEAD~8ROOK RICHMOND I HC. G 110 ADDITIONAL INSURED lState or Political SubdiYision~ermits) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE OWNERS', LANDLORDS' AND TENANTS' LIABILITY INSURANCE This endorsement, effective 6-30-80 (12:01 A. M., standard time) , forms a part of policy No. 1 25' , 023 issued to V I S ION CAB LE COMHUN I CAT IONS I NC . by TRANSAMER ItA INSURANCE COMPANY - .__..-,---~_..:-..;:.:.. . ......... ...... ............. ..n..... .......iiiiihoryie.d..Rep,. sentiiiy.e........ ...... .............. ................ SCHEDULE Designation of State or Political Subdivision: CITY OF C lEARWA TER Premium Limits of Property Damage Liability $ $ $ each occurrence aggregate It is agreed that the "Persons Insured" provision includes as an insured any state or political subdivision thereof designated in the schedule above, subject to the following additional provisions: 1. The insurance applies only with respect to operations performed by or on behalf of the named insured for which the state or political subdivi. sion has issued a permit. 2. The insurance does not apply to bodily injury or property damage (al arising out of operations performed for the state or municipality, or (bl included within the completed operations hazard. 3. If the Property Damage Liability Coverage is not otherwise afforded, such insurance shall nevertheless apply with respect to operations performed by or on behalf of the named insured for which such permit has been issued subject to the limits of liability stated herein. .,_IIl.. ....,. O;'UTHENTicO ................".11'. _~,.::--_-=-~,~c~~_- "'~--'-_. .~_.._ ._. ~-::'~""_ __~...:..~,.~.--;.....o...~_ _4 G;dA"..J!II-,~..~~.sl.~~~~~:r.~--..;-~..-""'- . . _ - _=:-_-:-O'~-~.;.;...-..;,;---;;,:~;-..".,-:~--_.-:- '_..~-"-..;.--' ,-- :;:~. -:;:;:'--:-~_.-_._~_:':_--~-- --~----'--~~.-'. L " 1622165 ,~,.t II! , Transamerl n Insurance Services Tr?nsamerica Insurance Company Rever.se Side.) (Y') N o rl M l.{) C\J rl cO :z: ... ~ o .c.. f · \ \ rIA.DO'w"BROOK ~CH1!'cHD me. -.., , I I "~<t ~ -I . " ~: J . FINaNcED (See Mo. 12511 0 2 3 REPLACINGNO. NEW Item1. Name of Insured and Mailing Addreu: (No., Street, City, County, State, and Zip No.) VISION CABLE CCKmt"ICATIONS IliC. ETAL (SEE ATTACHED ENDT) no EAST 59TH ST. NEW YORK. N.Y. 1.0022 Business of Named Insured is: CABLE TELEVISIOl'i DlS'rALLATIOll The Named Insured is 0 Individual iJ Corp. 0 Partnership 0 Joint Venture o Other Item 2. Policy Period: ,1. Years From: 6/30/80 To: 6/30/81 12:01 a.m; Standard Time at location of designated premises. Item 3. The insurance afforded shall ollJy apply in accordance with the schedule or schedules attached hereto, and only with respect to the insurance specifically designated in such schedule or schedules. SECTION COVERAGE AS PROVIDED UNDER SCHEDULE(S) Designated premises: (Enter "same" if same location as above) 1. .. I 2. PROPERTY 3. COVERAGE 4. II Liability II - L1ABI L1TY Premises Medical Payments Liabil ity m III Medical Payments AUTOMOBILE Uninsured Motorists III Physical Damage III IV Crime OPTIONAL Inland Marine COVERAGES Glass V Commercial Umbrella Item 4, Audit Period: Annual, unless otherwise stated: ttem 5. The total Advance Premium is $ 18 , 3'8 and is payable $ and $ at each anniversary. at inception \ I Trans. I Co. '~ode I Cov. Code 1 CommissiQ," %- T BD~n9. J' . atp. t , ", L DOl-. (:; 9 4D c<{) 0 7,I/4/J'CJ _ ~311 b b8 - b" o ~ ~ 7' - l.s- /0-,% I' _ ~' 9{./ bSt)- rlu:i;b i 7 CZ, 0 I g-, - __ PROD1JCFR/~ r.npv ~ Cl1799 , \' I " ! ' I .,;.-----....--. - .JI - ---...-0:-- .-.;:,---.'- ,._~.... -.";.;-- .. ---; ~.~~:::_ ~.;.;;-'~ =~ Transamerlca llll"l Insurance Services' " ... :EN.D'ORSEMENT , '-..,- , .- '~ ' [j TRANSAMERICA 0 WOLVERINE OPREMIER o RIVERSIDE o ......URLD :::7;;?1:;-"":- '--~'~'::NCY-~"O=Ot '-. - _.---'-.,"~,_-_c..,_' . .. '.-. :,.,".~ ,,-~: : ~ .:-;._,,::.:,....':.~....._.._....... --'_._'.:'..........~';..-_..._.,,~..:'.,_o:.,,___._... ~"""'.:-:~ A.,.T.CM1D TD ..NO rOAO"'IH[i. A P.st.,. Dr POLICY "'lH4ec- [NOO_tK"'[NT t'rr['C'T1yt . -.-~'.:" ,....",wo-..o "''''CJ ~ . I ..... MO,; OAy,~.....,.. ':~l;-NDD"': --j6 j30-j80 ]j ~~:I~~NS INC. -"'/ ::,""-~,~ . """',,'. .,",- , KEADOJaROOK RICHMOND INC. 612165 - ...- 12511023 " 1) METRO MOBILE COHHUNltATIONS INC. (NY) ADDED TO J. IlDl 1 - tWtED I NSUREO . ~ PHYS ICAl DAMAGE DEDUCT IBLES 1) 3) $50 COHPREHENS lYE " $250 COLliS ION. FLEET AUTOliAT IC PROV IS ION APPLIES TO PHYS ICAl DAHAGE COVERAGE. i& ,. r .,... \ \ 1 / r' /" /// I I I, "LL OTHER TER"S ..NO CONDITIONS O' THIS POLlCY RE....'N UNCH"NGED 80.0. AUTHOR.IZED R.EPRESENTATIVE AGENT'S COpy \ ~"""'-,~''-'-"' --,.- ~--,.;.-~;-..."- ~~-;~~--_,..:oc.~. .aGl!""-.&'ll,.'~-.:'-'&i~' ..:T_. ....-:,'_..:..~-O._ -.. -.- . "-0 ___ ___ __, ~--:.--.<,~:.. -- .-......-- --;- .__.~--- ..-, -,~ ._'_.~"-'" -. - -'-.. T!.~~~~~~i~!slCal t,' ~, . . EtNDORSEMENT ~TRANSAMERICA OWOLVERINE OPREMIER o RIVERSIDE o ....,.,....C...[D TD AND poDA'......~ It. P......,. or ~LIC.... ..UM.R . ~NOD_EM~"" I."'POCC"'YC; ..,.ANDAaO .......1 ....U.~D ..2"~':~ . ". .#.........;..;.~-~~......~:....-. ~#~;..;;....,;...,-.:..:.:.....~~~...;..'~..--,....~.~'..'~~~:~-'""'.:...-.,;~ - -' ....oe...cy, ......D CODt. 12511023 . . ~ '~~.. -.L-~:.. ~'._-~~.~,-~;~~.L~,-j . . . . , j 1 1 1 .. j ITEM I - !lAMED INSURED / VISION CABLE COMMUNICATIOliS, mc. (l'iEW' TORlC) CABLE or. V . COMPANY (liOR'.rB CAROLIKA)./ ./ JACKSONVILLE T.V. CABLE CCMPAlIY. DiC. (li~/CAROLIlIA)_ DUBOIS AREA CABLE T.V., INC. (PEmfSILVAlIIAr ) SALISBURY CABLE CORPORA'fIOI (NOR'm ~OLIllA) ROUMA CABLEVISIOll, DiC. (LOUISIAJIA) ./ AL-PIHE CABLE T.V.. INC. (LOUISIABA)" ./ VISION CABLE OF SHELBY, DiC. (SHELBY. !fORTH CAROLIBA) VISION CABLE 0Jl' SUMTER (SUMTER, SOtmi CAROLIllA) .-; VISION CABLE OF SOUTH CAROLIliA (SOU'l'R CAROJDA) v' VISION CABLE ,~IOB CO. (NEW JDSEY)' J VISION CABLE OF MOREHEAD CITY, DiC. (BORTH CAROLIllA) VISION CABLE OF METROLIliA, DiC. (WORTH CAROLINA).I VISION CABLE OF PIl'lELLA.S. INC. (FLORIDA) \/ '....LL OTHfR T(~""'S A.ND CONDlnONS Dr THIS POL Ie.... A[.....~~~~SH..NGED .:~~~~:~L.~:,;__~_ ~ .._ __. AUTHOR.~ZED R..KPR.KBENTATJ VJE; DATE ADA (...,.) AGENT'S COPY ~- ~-_ .JIM1,,:!II;.~O!il -'I! >-~, ,." _"~1i-o;~ ....~,-:-t.-...~-,_.~" :-..;;..;".:-.~... '''--","".,~ :;. ._--,:--~--:._' ---" ..-.------, -- .::..-:......-:.,-.:.-.....---. -- -'-".-' - -:-~._.:-._r-:':"___--__..-,-___.-..::__=,~---'_. ----.-.....".--=--=.~..,..-. -'. ..if ~r~~~~=~!!~' Tr3nsamerica Insurance Group ..' " . , ,-, 1 Policy Number 12511023 n Schedule SEen-ON II - GENERAL LIABILITY Insurance is provided only for those coverages for which limits of liability are stated in the place provided in this schedule, The limit of the company's liability on account of each such coverage shall be as stated herein, subject to all of the forms of the policy and coverage supplement attached having reference thereto. ~ COVERAGES LIMITS OF LIABILITY Divided limits Plan Each Occurrence Aggregate A. Bodily Injury liability $ ,ODD S ,ODD B. Property DamapE Liability $ ,000 $ ,000 Combined Limits Plan A. and B. Combined Bodily Injury and / Propeny Damage Liability $ 500 ,000 Each Occurrence ; / Each Person Each Accident 'tI \ E. Premises Medical Payments $ ~.OOO S 500 ,ODD I S - Retail Merchant's Liability $ ,000 Each Occurrence T - Retail Merchant's Medical \ Payments S Each Person S ,000 Each Accident Forms and Endorsements attached hereto: (lnsen Form Number and Edition Date.) u0609B Lll.232 L1l233A T."093B 1.12490 " r ~<;.-?'- . ~:.:::o.:...'ir:' -. .;, :;-:-:--". "'.~ (7,." . L 1131SA PRODUCERS COpy ., . , ' b'he ~t~a.ch1ng Cla.use Deed belcomPle:;eo '.only ~hen t.his eDdorsrnt, is issued \~~8equent to preparation of be polley). POLICY NUMBER: NAMED INSURED: EFFECTIVE : (12:01 A.M.) STANDARD TIME ISSUED BY: ~ . IS AGREED THE POLICY IS AMENDED AS FOLLOWS ~ A) . THAT FAILURE OF THE INSURED TO DISCLOSE ANY HAZARDS AT POLICY INCEPTION SHALL NOT PREJUDl CE THE INSUREDS RIGHTS UNDER THIS POLICY, PROVIDING SUCH FAILURE IS UNIm'ENTIONAL. ... -- / ..' B) . THAT WHERE THE INSURED REPORTS THE OCCURRENCE OF ANY ACCIDENT TO ~~ COMPENSATION CARRIER INSURING THEIR COMPENSATION INSURANCE WHICH LATER DEVELOPS INTO A PUBLIC LIABILITY CLAIM COVERAGE FOR WHICH.. IS PROVIDED BY THE POLICY TO WHICH THIS ENDORSEMENT IS ATTACHED, FAILURE TO REPORT SUCH OCCURRENCE TO THIS COMPANY AT THE TIME OF OCCURRENCE SHALL NOT BE DEEMED IN VIOLATION OF CONDITION ENTITLED "NOTICE OF OCCURRENCE" UPON THE DISTINCT UNDERSTANDING AND AGro:EMENT, HOWEVER, THAT THE INSURED, JUST AS SOON AS THEY ARE DEFINITELY MADE AWARE OF THE FACT THAT THE PARTICULAR OCCURRENCE IS A PUBLIC LIABILITY CASE RATHER THAN A COMPENSATION CASE, SHALL GIVE IMMEDIATE NOTIFICATION OF THE AFORESAID OCClT.RRENCE TO THIS COMPANY, C). THAT KNOWLEDGE OF AN OCCURRENCE B:i THE AGENT, SERVANT. OR EMPLOYEE OF THE IHSURED RHALL NOT IN ITSELF. CONSTITUTE KNOWLEDGE OF THE INSURED UNLESS AN EXECUTIVE OFFICER OF THE INSURED SHALL HAVE RECEIVED SUCH NOTICE FROM ITS AGENTS, SERvANT OR EMPU..YEE., llj!fr- nansamenca I Insu~ance Service', I , , , , I Transamerica Insurance Group BLANKET ADDITIONAL COVERAGE ENDORSEMENT (Section II - Liability) It is agreed that such insurance as is provided under the Blanket Liability Coverage Supplement is extended to include the following additional insurance: I. FIRE LEGAL LIABILITY - REAL PROPERTY The company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of property damage to structures or portions thereof rented to or leased to the named insured, including fixtures permanently attached thereto, if such property damage arises out of fire; A. All of the exclusions of this policy, other than the Nuclear Energy Liability Exclusion (Broad Form), are deleted and replaced by the fOllowing: This insurance does not apply to liability assumed by the insured under any contract or agreement. B. The limit of pr.Dperty damage liability as respects this Fire Legal Liability Coverage - Real Property is S 1 00,000.00 each OCcurrence unless otherwise stated in the Declarations, II. INCIDENTAL MEDICAL MALPRACTICE LIABILITY COVERAGE Such insurance as is provided under Coverage A - Bodily Injury, is amended to include Incidental Medical Malpractice Injury, Incidental Medical Malpractice Injury means injury arising out of the rendering of or failure to render, during the policy period, the following services: A. medical, surgical, dental, x.ray or nursing service or treatment or the furnishing of food or beverages in connection therewith; or B. the furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances. This coverage does not apply to: 1. expenses incurred by the insured for first.aid to others at the time of an accident and the "Supplementary Payments" provision and the "Insured's Duties in the Event of Occurrence, Claim or Suit" Condition are amended accordingly; or 2. any insured engaged in the business or occupation of providing any of the services described under" (A) and (B) above; 3. injury caused by any indemnitee if such indemnitee is engaged in the business or occupation of providing any of the services described under" (A) and (8) above. III. PERSONAL INJURY AND ADVERTISING INJURY LIABILITY COVERAGE A. The company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of personal injury or advertising injury to which this insurance applies, sustained by any person or organizatior. and arising out of the conduct of the named insured's business, within the policy territory, and the company shall have the right and duty to defend any suit again!t the insured seeking damages on account of such injury, even if any of the allegations of the suit are groundless, false or fraudulent, and may make such investigation and settlement of any claim or suit as it deems expedient, but the company shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of the company's liability has been exhausted by payment of judgments or settlements. B. Tbis insurance does not apply: 1. to liability assumed by the insured under any contract or agreement; 2. to personal injury or advertising injury arising out of the wilful violation of a penal statute or ordinance committed by or with the knowledge or consent of the insured; Lll093 B 3. to personal injury or advertising injury arising out of a publication or utterance of a libel or slander, or a publication or utterance in violation of an individual's right of privacy, if the first injurious publication or utterance of the same or similar material by or on behalf of the named insured was made prior to the effective date of this insurance; 4. to personal injury or advertising injury arising out of libel or slander or the publication or utterance of defamatory' or disparaging material concerning any person or organization or goods, products or services, or in violation of an individual's right of privacy, made by or at the direction of the insured with knowledge of the falsity thereof; 5. to personal injury or advertising injury arising out of the conduct of any partnership or joint venture of which the insured is a partner or member and which is not designated in the declarations of the policy as a named insured; 6, to advertising injury arising out of a. failure of performance of Contract, but this exclusion does not apply to the unauthorized appropriation of ideas based upon alleged breach of implied contract, or b. infringement of trademark, service mark or trade name, other than titles or slogans, by use thereof on or in connection with goods, products or services sold, offered f or sale or advertised, or c. incorrect description or mistake in advertised price of goods, products or services sold, offered for sale or advertised; 7. with respect to advertising injury a. to any insured in the business of advertising,broadcasting, publish. ing or telecasting, or b. to any injury arising out of any act committed by the insured with actual malice. C. Limits of Liability Regardless of the number of (1) insureds hereunder, (2) persons or organizations who sustain injury or damage, or (3) claims made or suits brought on account of personal. injury or advenising injury the total limit of the company's liability under this coverage for all damages shall not exceed the per occurrence bodily injury liability limit stated in the Genera/Liability Schedule. D. Additional Definitions "Advertising Injury" means injury arising out of an offense committed during the policy period occurring in the COurse of the named insured's advertising activities, if such injury arises out of libel, slander, defamation, violation of right of privacy, piracy, unfair competition, or infringement of copyright, title or slogan. "Personal Injury" means injury arising out of one or more of the fOllowing offenses committed during the policy period: 1, false arrest, detention, Imprisonment, or malicious prosecution; 2. wrongful entry or eviction or other invasion of the right of private occupancy, 3. a publication or utterance a. of a libel or slander or other defamatory or disparaging material, or b. in violation of an individual's right of privacy, except publica. tions or utterances in the course of or related to advertising, broad. casting, publishing or telecasting activities conducted by or on behalf of the named insured shall not be deemed personal injury; (continued on reverse >ide) (4.78) I 4. racial or reliql{)u~ discrimination (unless coverage IS prohibited by law) not committed by or at the direction of the named insured or any pxerutive officer, dlrectnr, O' partner thereof. but oniy with respect to the liability other than fines and penalties imposed by law, IV. BLANKET CONTRACTUAL LIABilITY COVERAGE A. The definition of incidental contract is extended to include any contract or agreement relating to the conduct of the named insured's business. B. The insurance afforded with respect to liability assumed under an incidental contract is subject to the following additional exclusions: 1. to bodily injury nr property damage for which the insured has assumed liability under any incidental contract, if such inJlllY or damage occurred prior to the execution of the incidental contract; 2. if the insured is an architect, engineer or surveyor, to bodily injury or property damage arising out of the rendering or failure to render professional services by such insured, includin~ a. the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, and b. supervisory, inspection or engineering services; 3. if the indemnitee of the insured is an architect, engineer or surveyor, to the liability of the indemnitee, his agents or employees, arising out of a. the preparation or approval or the failure to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or b. the giving of or the failure to give directions or instructions by the indemnitee, his agent or employees, provided such giving or failure to give is the primary cause of the bodily injury or propertv damage; 4. to any obligation for which the insured may be held liable in an action on a contract by a third party beneficiary for bodily injury or property damage arising out of a project for a pUblic authority; but this exclusion does not apply to an action by the public authority or any other person or organization engaged in the ilrolect; 5. to bodily injury or property damage arislOg out of operations, within 50 feet of any railroad property, affecting any railroad bridge or trestle, tracks, roall beds, tunnel, underpass or crossing; but this exclusion does not apply to sidetrack agreements. C. The following exclusion applicable to Coverages A (Bodily Injury) and B (Property Damage) does not apply to this Contractual Liability Ccwerage: (g), D. Exclusion (h) is replaced by the following: To liability assumed by the insured under any contract or agreement except an incidental contract; but this exclusion does not apply to a warranty of fitness or quality of the named insured's products or a warranty that work performed by or on behalf of the named insured will be done in a workmanlike manner. V. ADDITIONAL PERsoIs INSURED As respects Covera~1C A (bodily injury) and B (property damage), and advertising injury and personal injury coverages, under the proviSion "Persons Insured," the following are added as insureds: 1. Spouse - Partnership' 111he named insured IS a partnership, the spouse 01 a partner but only with respect to the conduct of the business of the named insured. 2. Employee - Any employee of the named insured while acting within the scope of his duties as such, but the insurance afforded to such employee does not apply: a. to bodily injury or personal injury to another employee of the named insured arising out of or in the course of his employment; b. to personal injury or advertising injury to the named insured or, 11 the named insured is a partnership or Joint venture, any partner or member thereof, or the spouse 01 any 01 the foregoing; c. to property damage to property owned, occupied or used by, rented to, in the care, custody or control of or over which physical control is being excercised for any purpose by another employee of the named insured, or by the named insured or, if the named insured is a partnership or joint venture, any partner or member thereof or by the spouse of any of the foregoing. VI. AMENDMENT OF DEFINITION OF OCCURRENCE With respect to insurance for Coverage A, bodily injury and Coverage B, property damage, provided by this policy, the definition of occurrence includes any intentional act by or at the direction of the insured which results in bodily injury or property damage, if such injury or damage arises solely from the use of reasonable force for the purpose of protecting persons or property. VII. AUTOMATIC COVERAGE- NEWl Y ACQUIRED ORGANIZATIONS (90 DAYS) Paragraph A, 2. of the "Persons Insured" provision is amended by the deletion of: "This insurance does not apply to bodily injury or property damage arising out of the conduct of any partnership or joint venture of which the insured is a partner or member and which is not designated in this policy as a named insured." and the addition of: d. any organization which is acquired or formed by the named insured and over which the named insured maintains ownership or majority interest, other than a loint venture, provided this insurance does not apply to bodily injury, property damage, personal injury and advertising injury with respect to which such new organization under this policy is also an insured under any other similar liability or indemnity policy or would be an insured under any such policy but for exhaustion of its limits of liability. The insurance afforded hereby shall terminate 90 days from the date any such organization is acquired or formed by the named insured. This endorsement must be attached to the Change Endorsement when issued after the policy is written. "rr !!~~~~~,~~ICI " . . Transamiica Insurance Group TRANSACTION 600 BLANKET GENERAL LIABILITY (COVERAGE SUPPLEMENT) I. COVERAGE A - BOOIL Y INJURY COVERAGE B - PROPERTY DAMAGE The company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies, caused by an occurrence, The company shall have the right and duty to defend any suit against the insured seeking damages on account of such bodily injury or property damage, even if any of the allegations of the suit are groundless, false or fraudulent, and may make such investigation and settlement of any claim or suit as it deems expedient. The company shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of the company's liability has been exhausted by payment of judgments or settlements. Exclusions This insurance does not apply: (a) to bodily injury or property damage included within the war hazard with respect to liability assumed by the insured, under any contract or agreement or expenses for first aid under the Supplementary Payments provision; (b) to any obligation for which the insured or any carrier as his insurer may be held liable under any workmen's compensa- tion, unemployment compensation or disability benefits law, or under any similar law; (c) to bodily injury to any employee of the insured arising out of and in the course of his employment by the insured or to any obligation of the insured to indemnify another because of damages arising out of such injury; but this exclusion does not apply to (1) any domestic employee, or (2) liability assumed by the insured under any contract; (d) to property damage: (1) to property owned by the insured; (2) to property occupied by or rented to the insured, (3) to property under bailment to the insured (except injury to or destruction of such property arising out of the use of elevators or escalators or to liability assumed under sidetrack agree- ments); (4) to that particular part of any property (a) upon which operations are being performed by or on behalf of the insured, or (b) out of which such injury or destruction arises; (5) to premises alienated by the named insured arising out of such premises to any part thereof; (6) to the named insured's products arising out of such products or any part of such products; (7) to work performed by the named insured arising out of the work or any portion thereof, or out of materials, parts or equipment furnished in connection therewith; (e) to loss of use of tangible property wh ich has not been physi- cally injured or destroyed resultihg from (1) a delay in or lack of performance by or on behalf of the named insured of any contract or agreement, or (2) The failure of the named insured's products or work per- formed by or on behalf of the named insured to meet the level of performance, quality, fitness or durability war- ranted or represented by the named insured; but this exclusion does not apply to loss of use of other tangible property resulting from the sudden and acci. dental physical injury to or destruction of the named insured's products or work performed by or on behalf of the named insured after such products or work have been L 106098 put to use by any person or organization other than an insured; (f) to damages claimed for the withdrdwal, inspection, repair, re- placement, or loss of use of the named insured's products or work completed by or for the named insured or of any proper- ty of which such products or work form a part, if such prod. ucts, work or property are withdrawn from the market or from use because of any known or suspected defect or defi- ciency therein; (g) to bodily injury or property damage arising out of the owner- ship, maintenance, operation, use, I,oading or unloading of (1) any automobile or aircraft owned or operated by or rented or loaned to any insured, or (2) any other automobile or aircraft operated by any person in the course of his employment by any insured; but this exclusion does not apply to the parking of an auto. mobile on premises owned by, rented to or controlled by the named insured or the ways immediately adjoining, if such automobile is not owned by or rented or loaned to any insured; (h) to bodily injury or property damage with respect to liability assumed by the insured under any contract or agreement not in writing; (j) to bodily injury or property damage arising out of (1) the ownership, maintenance, operation, use, loading or unloading of any mobile equipment while being used in any prearranged or organized racing, speed or demolition contest or in any stunting activity or in practice or preparation for any such contest or activity or (2) the operation or use of any snow. mobile or trailer designed for use therewith; (j) to bodily injury or property damage arising out of the dis. charge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any water course or body of water; but this exclusion does not apply if such discharge, dispersal, release or escape is sudden and accidental; (k) to bodily injury or property damage arising out of and in the course of the transportation of mobile equipment by an auto. mobile owned or operated by or rented or loaned to any insured. II. SUPPLEMENTARY PAYMENTS The company will pay, in addition to the applicable limit of lia- bility: (a) all expenses incurred by the company, all costs taxed against the insured in any suit defended by the company and all interest on the entire amount of any judgment therein which accrues after entry of the judgment and before the company has paid or tendered or deposited in court that part of the judgment which does not exceed the limit of the company's liability thereon; (b) premiums on appeal bonds required in any such suit, pre. miums on bonds to release attachments in any such suit for an amount not in excess of the applicable limit of liability of this policy, and the cost of bail bonds required of the insured not to exceed $250 per bail bond, but the company shall have no (12-78) I 'obligation to apply for or furnish any such bonds; (c) expenses incurred by the insured for first aid to others at the time of an occurrence, for bodily injury to which this policy applies; (d) reasonable expenses incurred by the insurfd at the company's request in assisting the company in the investigation or defense of any claim or suit, including actual loss of earnings not to exceed $25 per day. III. COVERAGE E - PREMISES MEDICAL PAYMENTS The company will pay to or for each person who sustains bodily injury caused by accident all reasonable medical expense incurred within one year from the date of the accident on account of such bodily injury, provided such bodily injury arises out of (a) a condi. tion in the insured premises or (b) operations with respect to which the named insured is afforded coverage for bodily injury liability under this policy. Exclusions This insurance does not apply (a) to bodily injury (1) arising out of the ownership, maintenance, operation, use, loading or unloading of (i) any automobile or aircraft owned or operated by or rented or loaned to any insured, or (iii) any other automobile or aircraft operated by any person in the course of his employment by any insured; but this exclusion does not apply to the parking of an automobile on the insured premisl!s, if such automobile is not owned by or rented or loaned to any insured; (2) arising out of (i) the ownership, maintenance, operation, use, loading or unloading of any mobile equipment while being used in any prearranged or organized racing, speed or demolition contest or in any stunting activity or in practice or preparation for any such contest or activity or (ii) the operation or use of any snowmobile or trailer designed for use therewith; (3) arising out of the ownership, maintenance, operation, use, loading or unloading of (i) any watercraft owned or operated by or rented or loaned to any insured, or (ii) any other watercraft operated by any person in the course of his employment by any insured; but this exclusion does not apply to watercraft while ashore on the insured premises; or (4) arising out of and in the course of th e transportation of mobile equipment by an automobile owned or operated by or rented or loaned to any insured; (b) to bodily injury (1) included within the completed operations hazard or the products hazard; (2) arising out of operations performed for the named insured by independent contractors other than (i) maintenance and repair of the insured premises or (ii) structural altera- tions at such premises which do not involve changing the size or moving buildings or other structures; (3) resulting from the selling serving Dr giving of any alcoholic beverage (j) in violation of any statute, ordinance Dr regu. lation, (ii) to a minor, Wi) to a person under the influence of alcohol Dr (iv) which causes or contributes to the in- toxication of any person, if the named insured is a person , . I or orgaOlzation engaged in the busmess of manufacturing, distributmg, selling or serving alcoholic beverages or, il not so engaged, is an owner or lessor 01 premises used for such purposes, but only part (i) of this exclusion (b) (3) applies when the named insured is such an owner or lessor; (4) included within the war hazard; (c) to bodily injury (1) to the named insured, any partner therein, any tenant or other person regularly residing on the insured premises or any employee of any of the foregoing if the bodily injury arises out of and in the course of his employment there- with; (2) to any other tenant if the bodily injury occurs on that part of the insured premises rented from the named in- sured or to any employee of such a tenant if the bodily injury occurs on the tenant's part of the insured premises and arises out of and in the course of his employment for the tenant (3) to any person while engaged in maintenance and repair of the insured premises or alteration, demolition or new con- struction at such premises; (4) to any person if any benefits for such bodily injury are payable or required to be provided under any workmen's compensation, unemployment compensation or disability benefits law, or under any similar law; (5) to any person practicing, instructing or participating in any physical training, sport, athletic activity or contest; (d) to any medical expenses for services by the named insured, any employee thereof or any person or organization under contract to the named insured to provide such services. IV. PERSONS INSURED (Coverages A and B) Each of the following is an insured under this insurance to the extent set forth below: (a) the named insured and, if an individual, the spouse of such named insured if a resident of the same household; (b) if the named insured is designated in the declarations as (1) an individual, the person so designated but only with respect to the conduct of a business of which he is the sole proprietor, and the spouse of the named insured with respect to the conduct of such a business; (2) a partnership or joint venture, the partnership or joint venture so designated and any partner or member thereof but only with respect to his liability as sJch; (3) other than an individual, partnership or joint venture, the organization so designated and any executive officer, director Dr stockholder thereof while acting within the scope of his duties as such; (c) any person (other than an employee of the named insured) Dr organization while acting as real estate manager for the named insured; and (d) with respect to the operation, for the purpose of locomotion upon a public highway, of mobile equipment registered under any motor vehicle registration law, (1) an employee of the named insured while operating any such equipment in the course of his employment, and (2) any other person while operating with the permission of the named insured any such equipment registered in the name of the named insured and any person Dr organiza- tion legally responsible for such operation, but only if 2 - I ..1 . . there is no other valid and collectible insurance available, either on a primary or excess basis, to such person or organization; provided that no person or organization shall be an insured under this paragraph (d) with respect to: (i) bodily injury to any fellow employee of such person injured in the course of his employment, or (iil property damage to property owned by, rented to, in charge of or occupied by the named insured or the employer of any person described in subparagraph (2). This insurance does not apply to bodily injury or property damage arising out of the conduct of any partnership or joint venture of which the insured is a partner or member and which is not desig- nated in this policy as a named insured. V. LIMITS OF LIABILITY Regardless of ~he number of (1) insureds under this policy, (2) persons or organizations who sustain bodily injury or property damage, (3) claims made or suits brought on account of bodily injury or property damage the company's liability is limited as follows: COVERAGES A AND B A. Divided Limits Plan Coverage A _ The total liability of the company for all damages, including damages for care and loss of services, because of bodily injury sustained by one or more persons as the result of anyone occurrence shall not exceed the limit of bodily injury liability stated in the additional declarations as applicable to "each occurrence." Subject to the above provisions respecting "each occurrence", the total liability of the company for all damages because of (1 I all bodily injury included within the completed operations hazard and (2) all bodily injury. included within the products hazard shall not exceed the limit of bodily injury liability stated in the additional declarations as "aggregate". Coverage B _ The total liability of the company for all damages because of all property damage sustained by one or more persons or organizations as the result of anyone occur- rence shall not exceed the limit of property damage liability statet! in the additional declarations as applicable to "each occurrence" . Subject to the above provisions respeclin;J "each occurrence", the total disability of the company for all damages because of all property damage to which the coverage applies and des- cribed in any of the numbered subparagraphs below shall not exceed the limit of property damage liability stated in the additional declarations as "aggregate". (1) all property damage arising out of premises or operations rated on a remuneration basis or contractor's equipment rated on a receipts basis, including property damage for which liability is assumed under any incidental contract relating to such premises or operations, but excluding property damage included in subparagraph (1\ below; (2) all property damage arising out of and oCl-urring in the course of operations performed for the named insured by independent contractors and general supervision thereof by the named insured, including any such property damage for which liability is assumed under any incidental contract relating to such operations, but this subparagraph (2) does not include property damage arising out of main- tenance or repairs at premises owned by or rented to the named insured or structural alterations at such premises which do not involve changing the size of or nroving building or other structures: , (3) all property damage included within the products hazard and all property damage included within the completed operations hazard. Such aggregate limit shall apply separately to the property damage described in subparagra,lhs (1 l. (2) and (3) above, and under subparagraphs (1) and (2), separately with respect to each project away from premises owned by or rented to the named insured. Coverages A and B - For the purpose of determining the limit of the company's liability, all borlily injury and property damage arising out of continuous or repeated exposure to sub- stantially the same general conditions shall be considered as arising out of one occurrence, B, Combined limits Plan The limit of liability under the Combined limits Plan ex- pressed in the schedule as applicable to "each occurrence" IS the total limit of the company's liability under the bodily injury liability and property damage liability cover. ages combined for all damages as the result of anyone occur. rence provided: (a) such limit of liability shall be the total limit of the company's liability during each annual policy period as the result of one or more than one occurrence, but said limit of liability shall apply separately to each project with respect to operations being performed away fro'm premises owned by or rented to the insured; (b) with respect to any occurrence for which the notice of this policy is given in lieu of security, or when this policy is certified as proof of financial responsibility under the provisions of the motor vehicle financial responsibility law of any state or province, such limit of liability shall bE applied in accordance with the applicable terms of such law, except that the total limit of liability shall not be reduced. For the purpose of determining the limit of the company's liability. all bodily injury and property damage arising out of continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one occurrence. COVERAGE E The limit of liability for Premises Medical Payments Coverage stated in the schedule as applicable to "each person" is the limit of the company's liability for all medical expense for bodily injury to anyone person as the result of anyone accident; but subject to the above provision respecting "each person", the total liability of the company under Premises Medical Payments Coverage for all medical expense for bodily injury to two or more persons as the result of anyone accident shall not exceed the limit of liability stated in the schedule as applicable to "each accident". When more than one medical payments coverage afforded by this policy applies to the loss, the company shall not be liable for more than the amount of the highest applicable limit of liability. VI. POLICY TERRITORY This insurance applies only to bodily injury or property damage which occurs: (1) for Coverages A and 8, within the policy terri- tory; (2) for Coverage E, within the United States of AmeriC3, its territories or possessions, or Canada. VII. DEFINITIONS When used in this policy (including endorsements forming a part hereof) : "automobile" means a land motor vehicle, trailer or semitrailer designed- tor trill/el on public roads (including any machinery or 3 - . I apparatus attached thereto}, but does not Include mobile equip- ment; "bailmelit" means a delivery of property by any person to the insured for purpose beneficial to either the insured or such person or both under a contract, express or implied, for the insured to carry out such purpose and to redeliver such property or otherwise dispose of its as provided; "bodily injury" means bodily injury, sickness or disease sustained by any person which occurs during the policy period, including death at any time resulting therefrom; .. completed operations bazard" includes bodily injury and property damage arising out of operations or reliance upon a rep' resentation or warranty made at any time with respect thereto, but only if the bodIly injury or property damage occurs alter such operations have been completed or abandoned and occurs away lrom premises owned by or rented to the named insured. "Opera' tions" include materials, parts or equipment furnished in connec. tion therewith, Operations shall be deemed completed at the earliest of the following times: (1) when all operations to be performed by or on behalf of the named insured under the contract have been completed; (2) when all operations to be perf ormed by or on behalt of thq named insured at the site of the operations have been com- pleted, or (3) when the portion of the work out of which the iniury or damage arises has been put to its intended use by any person or organization other than another contractor or subcon- tractor engaged in performing operations for a principal as a part of the same proiect. Operations which may require further service or maintenance work, or correction, repair or replacement because of any defect or deficiency, but which are otherwise completed, shall be deemed completed. The completed operations hazard does not include bodily injury or property damage arising out of (a) operations in connection with the transportation of property, unless the bodily injury or property damage arises out of a condition in or on a vehicle created by the loading or un- loading thereof; (b) the existence of tools, uninstalled equipment or abandoned or unused materials, or (c) operations for which the classification stated in the policy or in the company's manual specifies "including completed operations" . "domestic employee" means an employee of an insured per. forming duties not in connection with the insured's business; "elevator" means any hoisting or lowering device to connect floors or landings, whether or not in service, and all appliances thereof including any car, platform, shaft, hoistway, stairway, runway, power equipment and machinery; but does not include an auto. mobile servicing hoist, or a hoist without a platform outside a building if without mechanical power or if not attached to build. ing walls, or a hod or material hoist used in alteration, construC- tion or demolition operations, or an inclined conveyor used ex. c1usively for carrying property or a dumbwaiter used exclusively for carrying property and having a compartment height not ex. ceeding four feet, or hydraulic or mechanical hoists used for dumping materials from trucks; "incidental contract" means any written (1) lease of premises, (2) easement agreement, except in connection with construction or demolition operations on or adjacent to a railroad, (3) undertaking to indemnify a municipality required by municipal ordinance, except in connection with work for the municipality, (4) sidetrack agreement, or (05) elevator maintenance agreement; " . , "insured" means any person or organization qualifying as an insured in the "Persons Insured" provision of the applicable insur. ance coveraqe. lhe insurance allorded applies separately to each insured agall1st whom c1~im is made or suit is brought, except with respect to the limit~ of the company's liability; "insured premises" means all premises owned by or rented to the named insured with respect to which the named insured is allord. ed cnveraqe lor bodily injury liability under this policy, and in. c1udes the ways immediately adloining on land; "loading or unloading", with respect to an automobile, means the handling 01 property alter it is moved from the place where it is accepterl 1m movement into or onto an automobile or while it is in or on an automobile or while it is being moved from an auto. mobile to the place where It is finally delivered, but "'oading or unloading" does not include the movement of property by means of a mechanical device (other than a hand truck) not attached to the automobile; "medical expense" means expenses for necessary medical, surgical, x .r~v and dental services, including prosthetic devices, and nec- essary ambulance, hospital, prof~ssional nursing and funeral services; "mobile equipment" means a land vehicle (including any machin- ery or apparatus attached thereto), whether or not self-propelled, (1) not subject to motor vehicle registration, or (2) maintained for use exclusively on premises owned by or rented to the named insured, including the ways immediately adioining or (3) designed for use principally 011 public roads, or (4) designed or maintained for the sole purpose of allording mobility to equipment of the following types forming an integral part of or pel manently attached to such vehicle; power cranes, shovels, loaders, diggers and drills; concrete m.ixers (other than the mix-in.transit type); graders, scrapers, rollers, and other road construction or repair equipment; air-compressors, pumps and generators, including spraying, welding and building cleaning equipment; and geophysi. cal exploration and well servicing equipment; "named insured" means the person or organization named in Item 1. of the declarations of this poliCY; "named insured's products" meanS goods or products manu' factured, sold, handled or distributed by the named insured or by others trading under his name, including any container thereof (other than a vehicle), but "named insured's products" shall not include a vending machine or any property other than such con- tainer, rented to or located for use of others but not sold; "occurrence" means an accident, including continuouS or repeated exposure to conditions, which results in bodily iniury or property damage neither expected nor intended from the standpoint of the insured; "policy territory" means anywhere in the world, provided, how- ever, that: (,) resulting claims are originally asserted within the United States of America, its possessions, or Canada, and (2) it shall apply to suits and judgments for damages resulting therefrom only if suit is originally commenced in a court in the United States of America, its possessions or in Canada; "products hazard" includes bodily injury and prcpe'rty damage arising out of the named insured's products or reliance upon a represent~tion or warranty made at any time with respect thereto, but only t1 the bodily injury or property damage occurs aw~y from plemises owned by or rented to the named insmed and ,lfler physical possession of such products has been relinquishp.d tC\ others; "property damage" means (1) physical inlury to or destruction 01 tangible property which occurs during the policy period. including the loss of use thereof at any time resulting therefrom, or (2) loss of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the policy period. 4 -- I I . . "suit" includes an arbitration proceeding to which the insured is required to submit or to which the insured has submitted with the company's consent. "war hazard" includes all bodily injury and property damage due to war whether or not declared, civil war. insurrection, rebellion, or revolution or to any act or condition incident to any of the fore- going. VIII. ADDITIONAL CONDITIONS ,. Premium. All premiums for this policy shall be computed in accordance with the Company's rules, rates, rating plans, premiums and minimum premiums applicable to the insurance afforded herein. Premium designated in this policy as "advance premium" is a deposit premium only which shall be credited to the amount of the earned premium due at the end of the poliCY period. At the close of each period (or part thereof terminating with the end of the policy period) designated io the declarations as the audit period the earned premium shall be computed for such period and, upon notice thereof to the named insured, shall become due and payable. 11 the total earned premium for the policy period is less than the premium previously paid, the compaoy shall return to the named insured the unearned por- tion paid by the named insured. " this policy is issued for a period in excess of one year with a specified expiration date aod a premium is payable at each aoniversary, such premium shall be determined annually on the basis of the rates in effect at the anniversary date. If this policy is issued for a period without a specified expira- tion date, it may be continued by payment of the required premium for the succeeding annual period. Such premium must be paid to the Company prior to each anniversary date; if not so paid, this policy shall expire on the first anniversary date that the said premium has not been received by the Company- The named insured shall maintain records of such information as is necessary for premium computation and shall send copies of such records to the company at the end of the policy period and at such times during the policy period as the company may direct. 2. Inspection and Audit. The company shall be permitted but not obli()ated to inspect the named insured's property and operatio~~ at any time. Neither the company's right to make inspections nor the making thereof nor any report thereon shall constitute an undertaking, on behalf of or for the benefit of the named insured or others, to determine or warrant that such prcperty or operations are safe or healthful, or are in compliance with any law, rule or regulation. The cor.pany ,nay examine and audit the named insured's books and records at any time during the policy period and extcf1sic:,,:; thereof and w;thin three years after the final ter. mination of this policy, as far as they relate te the subject matter of this insurance. 3, Financial Responsibility law;. Such insural,ce as is a!forded by tillS policy fer bodily injury liability or lor property damage liability shall comply with the provisions of any motor vehicle financial responsibility law to the extent of the coverage and limits of liability required by such law. 4. Insured's Duties in the Event of Occurrence, Claim or Suit. (a) In the event of an occurrence, written notice containing particulars sufficient to identify the insured and also rea. sonably obtainable information with respect to the time, , place and circumstances thereof, and the names and addresses of the injured and 01 available witnesses, shall be given by or lor the insured to the company or any of its authorized agents as soon as practicable. (b) If claim is made or suit is brought against the insured, the insured shall immediately lorward to the company every demand, notice, summons or other process received by him or his representative. (e) The insured shall cooperate with the company and, upon the company's request, assist in making settlements, in the conduct of suits and in enforcing any right of contribution or indemnity agamst any person or organiza. tion who may be liable to the insured because of injury or damage with respect to which insurance is afforded under this policy; and the insured ~hall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance 01 witnesses. The insured shall not, except at his own cost, voluntarily make any payment, assume any obligation or incur any expense other than for first aid to others at the time of accident, 5. Action Against Company. No action shall I:e against the company unless, as a condition precedent thereto, there shall have been full compliance with all of the terms of this policy, nor until the amount 01 the insured's obligation to pay shall have been finally determined either by judgment against the insured after actual trial or by written agreement of the insured, the claimant and the company. Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this policy to the ex. tent of the insurance afforded by this policy. No person or organization shall have any right under this policy to join the company as a party to any action against the insured to de- termine the insured's liability, nor shall the company be im. pleaded by the insured or his legal representative. Bankruptcy or insolvency of the insured or 01 the insured's estate shall not relieve the company of any 01 its obligations hereunder. 6. Subrogation. In the event of any payment under this policy, the company shall be subrogated to all the insured's rights of recovery therefor against any person or organization and the insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The in- sured shall do nothing after loss to prejudice such rights. 7. Other Insurance. If, applicable to the loss, there is any valid and collectible insurance, whether on a primary, excess or contingent basis, available to the insured (in this or any other carrier!. except, that if the applicable limit of liability of this policy is in excess of the applicable limit' of liability provided by the other insurance, this policy shall afford excess insur. ance over and above such ~thCl insurance in an amount suf- Iic!ent to afford the insured a con:bined limit of liability eQLJ~1 to the applicable limit 01 liability afforded by this policy Insurance under this Iloliry shall not be construed to lJ~ rcncurrent or con iribut ing with dilY other insurance which is available to the insured, 8, Changes. Notice to any agent 01 knowledge possessed by an'/ agent or by any other person s:1,,11 not effect a waiver or a change in any part 01 this po\ic'y 8r estop the company from asserting any right under the terms of this policy; nor shall the terms of this policy be waived or chonged, except by endorse- ment issued to lorm a part of this policy. 9. Assignment, Assignment of interest under this policy shall not bind the company until its consent is endorsed hereon; if, however, the named insured shall die, such insurance as is afforded by this policy shall apply (1) to the named insured's legal representative, as the named insured, but only while. 5 - acting within the sc~pe of his duties t suc~ and (2) with respect to the property of the named insured: to the person having proper temporary custody thereof, as insured, but only until the appointment and qualification of the legal represen- tative. 10. Annual Aggregate, If this policy is issued for a period of three years any limit of the company's liability stated in this policy as "aggregate" shall apply separately to each consecutive annual period thereof. 11. Cancellation. This policy may be cancelled by the named insured by surrender thereof to the Company or any of its authorized agents or by mailing to the Company written notice stating when thereafter the cancellation shall be effec- tive. This policy may be cancelled by the Company by mailing to the named insured at the mailing address shown in the Declarations, written notice stating when not less than ten days thereafter such cancellation shall be effective. The mail- ing of notice as aforesaid shall be sufficient proof of notice. The time of surrender or the effective date and hour of can- cellation stated in the notice shall become the end of the policy period. Delivery of such written notice either by the named insured or by the Company shall be equivalent to mailing. If the named insured cancels, the Company shall, upon demand and surrender of this policy, refund the excess of paid premium above the customary short rates for the expired time. If the Company cancels, earned premium shall be computed pro rata. Pr~;nium adjustment may be made either at the time cancellation is effected or as soon as practic~blr. after cancellation becomes effective, but payment or tetHlcr or unearned premium is not a condition of cancellation. 12. liberalization Clause. In the event any filing is submitted to the insurance supervisory authorities on behalf of the Com. pany, and: (a) the filing is approved or accepted by the insurance author. ities to be effective while this policy is in force or within 45 days prior to its inception; and (b) the filing includes insurance forms or other provisions that would extend or broaden this insurance by endorsement or substitution of form, without additional premium; the benefit of such extended or broadened insurance shall inure to the benefit of the insured as though the endorsement or substitution of form had been made. 13. Insurance Under More Than One Coverage, Part or Endo~e- ment. In the event that more than one coverage, part or endorsement of this policy insures the same loss, damage or claim, the Company shall not be liable for more than the actual loss or damage sustained by the insured. 14. Time of Inception. To the extent that coverage in this policy replaces coverage in other policies terminating noon standard time on the inception date of this policy, coverage under this policy shall not become effective until such other coverage has terminated. 15, Medical Reports; Proof and Payment of Claim. As soon as practicable the injured pe~on or someone on his behalf shall give to the company written proof of claim, under oath if required, and shall, after each request from the company, execute authorization to enable the company to obtain medical reports and copies of records. The injured person shall submit to physical examination by physicians seiected by the company when and as often as the company may reasonably require. The company may pay the injured person or any person or organization rendering the services and the payment shall reduce the amount payable hereunder for such injury. Payment hereunder shall not constitute an admission , . I of liability of any person or, except hereunder, of the company. 16. Arbitration. The company shall be entitled to exercise all of the insured's rights in the. choice or arbitrators and in the conduct of any arbitration proceeding. 17, Waiver or Change of Provisions. The terms of this insurance shall not be waived, changed or modified except by endorse- ment issued to form a part of this policy. 18. Nuclear Exclusion. I. This policy does not apply: (a) Under any liability Coverage, to bodily injury or property damage. (1) with respect to which an insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy liability Insur- ance Association, Mutual Atomic Energy liability Underwriters or Nuclear I nsurance Association of Canada, or would be an insured under any such policy but for its termination upon exhaustion of its limi.t of liability; or (2) resulting from the hazardous properties of nuclear material and with respect to which (i) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (ii) the insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. (b) Under any Medical Payments Coverage, or under any Supplementary Payments provision relating to first aid to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. (c) Under any liability Coverage, to bodily injury or property damage resulting from the hazardous proper. ties of nuclear material, if (1) the nuclear material lil is at any nuclear facility owned by, or operated by or on behalf of an insured or (ii) has been discharged or dispersed therefrom; (2) the nuclear material is contained i(l spent fuel or waste at any time possessed, handled, used, pro- cessed, stored, transported or disposed of by or on behalf of an insured; or (3) the bodily injury or property damage arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the plan. ning, construction, maintenance, operation or use of nuclear facility, but if such facility is located within the United States of America, its territo- ries or possessions or Canada. this exclusion (3) applies only to property damage to such nuclear facility and any property thereat. II. As used in this exclusion "hazardous properties" include radioactive, toxic or ex. plosive properties; "nuclear material" means source material, special nuclear material or byproduct material; 6 " I "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 component, solid or liquid, which has been used or exposed to radia. tion in a nuclear reactor; , , "waste" means any waste material III containing byproduct material and (21 resulting from the operation by any person or organization of any nuclear facility in. c1uded within the definition of nuclear facility under para. graph (a) or (bl thereof; "nuclear facility" means (al any nuclear reactor, (bl any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (21 processing or utilizing spent fuel, or (31 handling, pro. cessing or packaging waste, (cl any equipment or device used for the processing, fab- ricating 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, (dl any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reac. tion or to contain a critical mass of fissionable material; . "property damage" includes all forms of radioactive con. tamination of property. 19. Special Definitions. Wherever in any form attached the word "policy" appears it shall mean the section of this policy of which such form is a part, or the supplemental policy or policies to which such form applies. 7 ,r !~~~~~~I~~I.Ca Policy No. I Transamerica Insurance Group L111L1~Y SCHEDULE AND PREMIUM REl:AP. "- Rates AmlC. rn.i..s Cd. Descriptitl .f HazarU Pr..i.. BISIS P.O. BIlIII, 111)1" rn",rty DIUII .... B.I. rn.lsIs . .......... CABLE TELEVISION IliSTALLATION Ie REPAIR 48110 803.752 2.440 .986 19 p12 7,925 BLANKET ADD' L 15" 2.942 1,189 11.tal Advance ..1. and P.O. pnmiums S 22 _ 5 54 s o ,,4 lTetal Advance Pnmiu. $ ~1 668 125110""3 '312 13.701 T J!~a~~~~i~!slCal 'j , . ENDORSEMENrr 1 [JTRANSAMERICA 0 WOLVERINE OPREMIER 0 RIVERSIDE o AT'TACt04[O TD AND rOIltNING ... ~An ar ~aL.CY HUM.C. l.NoontMCNT ~"'ECTIYE rC"AHOAJIO '1'-':1 ..,. DAY!.,.! ,:.::.t INSUIIC.D AQ(NCV AND cooe 12511023 _: \ A1J'.l'CMOBILE CCIIPOSrrJ !lADS .0. or UII!8 LIABILI'n UJDSURJI) MO'lUUsm COIPRDERSIft COLLISIOK :j 311 . - . 85 r lkYu- i:- 150 191 3 26 LIABILI'l'f AtJ'l'CICOBILJ: PIUIJIIUN8 UBDSURED MO'l'ORISfS CCJG'REHElISIU ' COLLISIOB 29.550 ~50 3.900 12.150 TO'1'AL ~6.650 lDDrrIOIS OIl DELETIOn WILL BE COOVl'ED A't 50' or !'III BAD8 ow nuL AUDI't. ALL OTH!::A TEAMS AND CONDITIDN5 DF' THIS PDLICY REMAIN UNCHA.NGED AUTHORIZItD'REPK.SBICNTATIVIC DATil: 1.-76) aD,," AGENT'S COpy . '- '- .,~.. "fh-..., ,"~..-;, .;.:.~ -:,~.,~...;,,- ,,~, :~:'~.l,f ~",~t,..~,j;;""'~" ;=-::;'i" _~",_' '. ., ~..:~!-l1''('''':1W;-_' -II: '.' , :~, ":l'o~. ,''''-;:~'':~';-; ....~, ; .:.::- :,r...;.;,*jt~,.._~"~" - ~,_...;' ~.~..,J:i~j. :;'; ;:.:,~;,:,:,~~;:~:;,- , T !~~~~~er . ' COMPREHEN Item 1. NAMED IN This policy provid schedule. The Iimi Item 2, C [] COMPREHE , Liability Insu NO-FAULT Personal Ini (or equivale Added Perso (or eQuivale Property Pro (Michigan 0 0 AUTO MEDI INSURANC 0 Design Any Ow 0 Any Lic Private Design 0 UNINSURED 0 Designa Owned 0 Owned Autos 0 0 PHYSICAL Item 3. Forms and Endors A11198C AU I menea vices 1 Tramrmerica Insurance Group SIVE BUSINESS AUTO COVERAGE (ADDITIONAL DECLARATIONS) SURED POLICY NUMBER: 1251101' SCHEDULE: III es only those coverages where a limit is shown in the place provided in this t shown for each coverage is the most we will pay for anyone accident or loss. OVERAGES NSIVE AUTO LIABILITY rance COVERAGES ury Protection nt No-fault coverage) nal Injury Protection nt added No-fault coveraQe) tection Insurance nly) CAL PAYMENTS E ation of covered autos nedAuto. ensed Owned Passenger Auto ated Person Insured MOTORISTS INSURANCE tion of covered autos Autos only. Private Passenger nly, DAMAGE INSURANCE LIMIT I $ 500 ,000 per accident. Separately stated in each P.I.P. endorse- ment minus $ Oed. applicable only tothe named insured and relatives only. Separately stated in each added P.I.P. endorsement. Separately stated in the P.P.1. endorse- ment minus $ Oed. for each accident. $ per person D Any auto designated in the description of autos with medical payments D $ ,000 per accident D Autos specified on Schedule. D Owned Autos subject to Compulsory Uninsured Motorists Law. As shown in Schedule of Autos attached. ement contained in this policy at its inception (Show Form No. and Edition O;ite) I T96A A1210T A A96T .11119 A895 .1853 L_ :~. ,,; t, ~..::. ; t.; ~ ~~... .... I" o f1A"uTHE N':~Cn. I ' , . ..D.......,.'""... _ THIS -ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AB53 (Ed,1-78) CA 22 30 (Ed. 01 78) PERSONAL INJURY PROTECTION ENDORSEMENT (NEW JERSEY) This endorsement provides coverage as required under the New Jersey Automobile Reparation Reform Act, commonly referred to as the "New Jersey No-Fault Law". All terms printed in bold face, other than section headings or titles, are defined terms. For a complete un- derstanding of provisions containing these terms refer to the section entitled "Definitions". The Company agrees with the named insured, subject to all of the provisions in this endorsement and to all of the provisions of the policy except as modified herein, as follows: SECTION I PERSONAL INJURY PROTECTION COVERAGE The Company will pay personal injury protection benefits consisting of (a) medical expense benefits, (b) income continuation benefits, (c) essential services benefits, (d) survivor benefits, and (e) funeral expense benefits with respect to bodily injury sustained by an eligible injured person, caused by accident and arising out of the ownership, maintenance or' use, including loading or unloading, of a private passenger auto- mobile as an automobile, '~. Exclusions The insurance under this endorsement does not apply: (a) to bodily injury to a person whose conduct con- tributed to the injury in any of the following ways: (1) while committing a high misdemeanor or felony or seeking to avoid lawful apprehen- sion or arrest by a police officer, or (2) while acting with specific intent to cause injury or damage to himself or others; (b) to bodily injury to the named insured or any relative of the named insured sustained while occupying, using or entering into or alighting from a private passenger automobile which is not an insured automobile under this policy, if he is required to maintain automobile liability in- surance coverage with respect to the automobile under the New Jersey Automobile Reparation Reform Act; (c) to bodily injury to any person, other than the named insured or a relative of the named in- sured or a resident of New Jersey, if the accident occurs outside of New Jersey. (d) to bodily injury arising out of the ownership, maintenance, or use, including loading or un- loading, of any vehicle while located for use as a residence or premises other than for transitory recreational purposes; (e) to bodily injury due to war, whether or not de- clared, civil war, insurrection, rebellion or revo- lution, or to any act or condition incident to any of the foregoing; (f) to bodily injury resulting from the radioactive, toxic, explosive or other hazardous properties of nuclear material. Definitions When used in reference to this insurance: "bodily injury" means bodily injury, sickness or dis- ease, including death at any time resulting there- from; "eligible injured person" means (a) the named insured or any relative of the named insured, if the named insured or relative sus- tains bodily injury (1) while occupying, using, entering into or alighting from a private passenger automo- bile,or (2) while a pedestrian, caused by a private pas- senger automobile or as a result of being struck by' an object propelled by or from such an automobile; or (b) any other person who sustains bodily injury (1) while, with the permission of the named in- sured, occupying, using, entering into or alighting from the insured automobile, or (2) whi Ie a pedestrian, caused by the insured automobile or as a result of being struck by an object propelled by or from the insured automobile; "essential services benefits" means an amount not exceeding a limit of $12.00 per day and a total limit of $4,380 payable to an eligible injured person as reimbursement for payments made to others, for substitute essential services of the type actually rendered during his lifetime and which he would ordinarily have performed not for income but for the care and maintenance of himself and his relatives; Copyright, Insurance Services Office, 1977 Page 1 of 4 . Diif-~~~tiCO ... I..... .,.,~.., I .. I A967 (Ed, 7.78) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 0015 (Ed. 0778) CHANGES IN POLICY-HANDLING OF PROPERTY LIABILITY INSURANCE is changed as follows: A. The exclusion relating to loading or unloading of property does not apply. The following two ex- clusions apply instead: This insurance does not apply to: 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. Bodily injury or property damage resulting from the movement of property by a mechanical de- vice (other than a hand truck) not attached to the covered auto. B. WHO IS INSURED is changed to read: D. WHO IS INSURED 1. You are an insured for any covered auto. 2. Anyone else is an insured while using with your permission a covered auto you own, hire or bor- row except: a. Someone using a covered auto you hire or borrow from one of your employees or a mem- ber of his or her household. b. Someone using a covered auto while he or she is working in a business of selling, servic- ing, repairing or parking autos. c. Anyone other than your employees, a lessee or borrower or any of their employees, while moving property to or from a covered auto. 3. Anyone is an insured for his or her liability be- cause of acts or omissions of an insured described above. However, the owner of or anyone else from whom you hire or borrow a covered 'autCl is an insured only if that auto is a trailer con. nected to a covered auto you own. Copyright, Insurance Services Office, 1978 . ,r !~~a~~~~I~~ICr , . Tralsamerica Insurance Group YOUR BUSINESS AUTO POLICY-QUICK REFERENCE Beginning On Page DECLARATIONS-Business Auto Policy PART I-WORDSAND PHRASES WITH SPECIAL MEANING .............................. 1 PART II-WHICH AUTOS ARE COVERED AUTOS ................................. PART III-WHERE AND WHEN THIS POLICY COVERS ................................ PART IV-LIABILITY INSURANCE ......... 2 A. We Will Pay B. We Will Also Pay C. We Will Not Cover-Exclusions D. Who Is Insured E. Our Limit of Liability F. Out Of State Extensions Of Coverage PART V-AUTO MEDICAL PAYMENTS INSURANCE ............................ 3 A. Words And Phrases With Special Meaning B. We Will Pay C. We Will Not Cover-Exclusions D. Who Is Insured E. Our Limit of Liability F. Changes In Conditions Beginning On Page PART VI-PHYSICAL DAMAGE INSURANCE 3 A. We Will Pay B We Will Also Pay C We Will Not Cover-Exclusions D How We Will Pay-The Most We Will Pay E Glass Breakage-Hitting A Bird Or Animal -Falling Objects Or Missiles PART VII-CONDITIONS A. Your Duties After Accident or Loss ... 4 B. Other Insurance C Our Right To Recover From Others D Cancelling This Policy E. Legal Action Against Us F. Inspection G. Changes H. Transfer Of Your Interest In This Policy I. No Benefit To Bailee-Physical Damage Only J. Bankruptcy K. Appraisal For Physical Damage Losses L. Two Or More Policies Issued By Us PART VIII-INDIVIDUAL NAMED INSURED 5 A. Words and Phrases With Special Meaning B. Changes In Liability Insurance C. Changes In Physical Damage Insurance D. Conditions PART IX-NUCLEAR ENERGY LIABILITY EXCLUSION ............................ 7 IMPORTANT: This Quick Reference is not part of the Business Auto Policy and does not provide coverage. Refer to the Business Auto Policy itself for the actual contractual provisions PLEASE READ THE BUSINESS AUTO POLICY CAREFULLY. CI THESE POLICY PROVISIONS WITH THE ADDITIONAL DECLARATIONS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THIS POLICY. A12107A 110-70, . ,r. Transam,enca Transamerica Insurance Group ~IIII InS.urance Services I' ..' '. I ct>>"PREHENSIVE BUSINESS AUTO INSlAtANCE (Coverage Supplement) In return for the payment of thf Jremium and subject to all the terms of this policy, we agree with you as follows: PART I - WORDS AND PHRAS:S WITH SPECIAL MEANING - READ THEM CAREFULLY The following words and phases have special meaning throughout this policy md appear in bold- face type when used: A. "You" and "your" mean the p:~rson or organiza- tion shown as the named inSlred in ITEM ONE of the Additional Declaratiors. B. "We", "us" and "our" mean i1e company pro- viding the insurance. C. "Accident" includes continu~us or repeated ex- posure to the same conditior resulting in bodily injury or property damage t'e insured neither expected nor intended. D. "Auto" means a land moto~ vehicle, trailer or semi-trailer designed for tralel on public roads but does not include mobile ~uipment. E. "Bodily injury" means bodily njury, sickness or disease including death resJting from any of these. F. "Insured" means any perso1 or organization qualifying as an insured i~ the WHO IS IN- SURED section of the appicable insurance. Except with respect to our I..."it of liability, the insurance afforded applie~ ~parately to each insured who is seeking co.erage or against whom a claim is made or suit is brought. G. "Loss" means direct and accidental damage or loss. H. "Mobile equipment" means any of the following type of land vehicles: 1. Specialized equipment such as: Bulldozers; Power shovels; Rollers, graders or scrapers; Farm machinery; Cranes; Street sweepers or other cleaners; Diggers; Forklifts; Pumps; Generators; Air Compressors; Drills; Other similar f!quipment. 2. Vehicles designed for use principally off public roads. 3. Vehicles maintained solely to provide mobil- ity for such specialized equipment when permanently attached. 4. Vehicles not required to be licensed. 5. Autos maintained for use solely on your premises or that part of roads or other accesses that adjoin your premises. I. "Property damage" means damage for or loss of use of tangible property. J. "Trailer" includes semitrailer. PART II - WHICH AUTOS ARE COVERED AUTOS I A. If a limit of liability is shown ir,the place provided in each of the coverages cor,:ained in Item 2. of the "Auto Declarations", the following types of vehicles are covered autos: 1. LIABILITY INSURANCE a. Any auto; b. Trailers with a load capacity of 2,000 pounds or less designed primarily for travel on public roads; c. Mobile Equipment wr,:le being carried or towed by a covered auto. 2. NO-FAULT COVERAGES Only those autos you cwn which are re- quired to have No-Fault benefits in the state where they are licensed or principally ga- raged. This includes those autos whose ownership you acquire after the policy be- gins provided they are required to have No- Fault benefits in the state where they are licensed or principally garaged. 3. AUTO MEDICAL PAYMENTS INSURANCE Only those autos of the type indicated by [Xl in the "Auto Declarations"; 4. UNINSURED MOTORISTS INSURANCE Only those autos of the type indicated by [Xl in the Auto Declarations: 5. PHYSICAL DAMAGE INSURANCE a. Only those autos you own which are described in the Schedule of Autos; this includes those autos whose ownership you acquire after the policy begins; b. If indicated in the "Schedule of Autos" by [Xl or where a deductible amount is shown, those autos you lease. hire, rent or borrow are covered autos; this does not include any auto you lease, hire. rent or borrow from any of your employees or members of their households. B. OWNED AUTOS YOU ACQUIRE AFTER THE POLICY BEGINS. If a limit of liability is shown in the place provided in each of the coverages contained in Item 2 of the "Auto Declarations", then you already have coverage for autos of the type described until the policy ends. Ie PART III - WHERE AND WHEN THIS POLICY COVERS We cover accidents or losses which occur during the policy period: A. In the United States of America, its territories or A11798C tID 1 .. @ , 1979 possessions, Puerto Rico or Canada; or B. While the covered auto is being transported between any of these places. (10-'e', PAR T IV - LIABILITY INSURANCE ~ A.. WE WILL PAY , 1. We will pay all sums the 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. 2. We have the right and duty to defend any suit asking for these damages. However, we have no duty to defend suits for bodily Injury or property damage not covered by this policy. We may investigate and settle any claim or suit as we consider appropriate. Our payment of the LIABILITY INSURANCE limit ends our duty to defend or settle. B. WE WILL ALSO PAY. In addition to our limit of liability, we will pay for the Insured: 1. Up to $250 for cost of bail bonds (including bonds for related traffic law violations) re- quired because of an accident we cover. We do not have to furnish these bonds. 2. Premiums on appeal bonds in any suit we defend. 3. Premiums on bonds to release attachments in a suit we defend but only for bonds up to our limit of liability. 4. All costs taxed to the insured in a suit we defend. 5. All interest accruing after the entry of the judgment in a suit we defend. Our duty to pay interest ends when we payor tender our limit of liability. 6. Up to $50 a day for loss of earnings (but not other income) because of attendance at hearings or trials at our request.' 7. Other reasonable expenses incurred at our req uest. C. WE WILL NOT COVER - EXCLUSIONS. This insurance does not apply to: 1. Liability assumed under any contract or agreement. 2. Any obli'gation for which the insured or his or her insurer may be held liable under any workers' compensation or disability benefits law or under any similar law. 3. Any obligation of the insured to indemnify another for damages resulting from bodily Injury to the insured's employee. 4. Bodily injury to any fellow employee of the insured arising out of and in the course of his or her employment. 5. Bodily injury to any employee of the insured arising out of and in the course of his or her employment by the insured. However, this exclusion does not apply to bodily injury to domestic employees not entitled to workers' compensation benefits. Jlt. 6. Property damagJ to property owned or transported by the insured or in the insured's care, custody or control. 7. 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 move- ment 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. Bodily Injury or property damage resulting from the movement of property by a me- chanical device (other than a hand truck) not attached to the covered auto. 9. Bodily injury or property damage caused by the dumping, discharge or escape of irri- tants, pollutants or contaminants. This ex- clusion does not apply if the discharge is sudden and accidental. D. WHO IS INSURED. 1. You are an insured for any covered auto. 2. Anyone else is an insured while using with your permission a covered auto you own, hire or borrow except: a. The owner of a covered auto you hire or borrow from one of your employees or a member of his or her household. b. Someone using a covered auto while he or she is working in a business of selling, servicing, repairing or parking autos unless that business is yours. c. Anyone other than your employees, a lessee or borrower or any of their em- ployees. while moving property to or from a covered auto. 3. Anyone is an insured for his or her liability because of acts or omissions of an insured described above. However, the owner or anyone else from whom you hire or borrow a covered auto is an insured only if that auto is a trailer connected to a covered auto you own. E. OUR LIMIT OF LIABILITY. 1. Regardless of the number of covered autos, insureds, claims made or vehicles involved in the accident, the most we will pay for all damages resulting from anyone accident is the LIABILITY INSURANCE limit shown in the Additional Declarations. 2. All bodily injury and property damage re- sulting from continuous or repeated ex- posure to substantially the same conditions will be considered as resulting from one accident. F. OUT OF STATE EXTENSIONS OF COVERAGE. 1. While a covered auto is away from the state where it is licensed we will: a. Increase this policy's liability limits to .. 2 derailment of any conveyance trans- porting the covered atfo.. ,,' . c. Colli~ion Coverage. Ca~sed by the covered auto's collision with another object or its overturn. 2. Towing. We will pay up to $25 for towing and labor costs incurred each time a covered auto of the private passenger type is disabled. How- ever, the labor must be performed at the place of disablement. B. WE WILL ALSO PAY. We will also pay up to $25 per day to a maximum of $300 for transportation expense incurred by you because of the total loss 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 Perils Coverage. We will pay for transportation expenses incurred during the period beginning 48 hours after the loss and ending, regardless of the policy's ex- piration, when the covered auto is returned to use or we pay for its loss. C. WE WILL NOT COVER - EXCLUSIONS. This insurance does not apply to: 1. Wear and tear, freezing, mechanical or elec- trical breakdown unless caused by other loss covered by this policy. 2. Blowouts, punctures or other road damage to tires unless caused by other loss covered by this policy. 3. Loss caused by declared or undeclared war or insurrection or anyoftheirconsequences. 4. Loss caused by the explosion of a nuclear. weapon or its consequences. 5. Loss caused by radioactive contamination. 6. Loss to tape decks or other sound repro- ducing equipment not permanently installed in a covered auto. 7. Loss to tapes, records or other sound repro- ducing devices designed for use with sound , . reproducing eql'pment. - 8. Loss to any s und receiving equipment designed for use as a citizens' band radio, two-way mobile radio or telephone or scan- ning monitor receiver, including its anten- nas and other accessories, unless perma- nently installed in the dash or console open- ing normally used by the auto manufacturer for the installation of a radio. D. HOW WE WILL PAY FOR LOSSES - THE MOST WE WILL PAY. 1. At our option we may: a. Pay for, repair or replace damaged or stolen property; or b. Return the stolen property, at our ex- pense. We will pay for any damage that results to the auto from the theft. 2. The most we will pay for loss is the smaller of the following amounts: a. The actual cash value of the damaged or stolen property at the time of loss. b. The cost of repairing or replacing the damaged or stolen property with other of like kind or quality. 3. For each covered auto, our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the ap- plicable deductible shown in the declara- tions. Any Comprehensive Coverage de- ductible shown in the declarations does not apply to loss caused by fire or lightning. E. GLASS BREAKAGE - HITTING A BIRD OR ANIMAL - FALLING OBJECTS OR MISSILES. We will pay for glass breakage, loss caused by hitting a bird or animal or by falling objects or missiles under Comprehensive Coverage if you carry Comprehensive Coverage for the dam- aged covered auto. However, you have the option of having glass breakage caused by a covered auto's collision or overturn considered a loss under collision coverage. ( /" PART VII - CONDITIONS The insurance provided by this policy is subject to the following conditions: A. YOUR DUTIES AFTER ACCIDENT OR LOSS. 1. You must promptly notify us or our agent of any accident or loss. You must tell us how, when and where the accident or loss hap- pened. You must assist in obtaining the names and addresses of any injured persons and witnesses. 2. Additionally, you and other involved in- sureds must: a. Cooperate with us in the investigation, settlement or defense of any claim or suit. No insured shall, except at his or her own cost, voluntarily make any pay- ment, assume any obligation or incur any expense. {~ @ '~979 '-=-' -- - - - - - b. Immediately send us copies of any no- tices or legal papers received in connec- tion with the accident or loss. c. Submit at our expense and as often as we require to physical examinations by physicians we select. d. Authorize us to obtain medical reports and other pertinent medical information. 3. Additionally, to recover for loss to a covered auto or its equipment you must do the following: a Permit us to inspect and appraise the damaged property before its repair or disposition. b. Do what is reasonably necessary after loss at our expense to protect the ~.) 4 1", covered auto from further loss. c. Submit.a proof of 10SJ when requited by' . us. ~ d. Promptly notify the police if the covered auto or any of its equipment is stolen. B. OTHER INSURANCE. 1. For any covered auto you own this policy provides primary insurance. For any covered auto you don't own, the insurance provided by this policy is excess over any other collectible insurance. However, while a covered auto which is a trailer is connected to another vehicle the liability coverage this policy provides for the trailer: a. Is excess while it is connected to a motor vehicle you don't own. b. Is primary while it is connected to a covered auto you own. 2. When two or more policies cover on the same basis, either excess or primary, we will pay only our share. Our share is the propor- tion that the limit of our policy bears to the total of the limits of all the pOlicies covering on the same basis. C. OUR RIGHT TO RECOVER FROM OTHERS. If we make any payment, we are entitled to recover what we paid from other parties. Any person to or for whom we make payment must transfer to us his or her rights of recovery against any other party. This person must do everything necessary to secure these rights and must do nothing that would jeopardize them. D. CANCELLING THIS POLICY DURING THE POLICY PERIOD. 1. You may cancel the policy by returning it to us or by giving us advance notice of the date . cancellation is to take effect. 2. We may cancel the policy by mailing you at least 10 days notice at your last address known by us. We may deliver any notice instead of mailing it. Proof of mailing of any notice will be sufficient proof of notice. 3. The effective date of cancellation stated in the notice shall becometheend of the policy period. 4. If this policy is cancelled, you may be entitled to a premium refund. If so, we will send you the refund. However, making or offering to make the refund is not a condi- tion of cancellation. If you cancel, the re- fund, if any, will be computed in accordance with the customary short rate procedure. If we cancel, the refund, if any, will be com- puted pro rata. E. LEGAL ACTION AGAINST US. No legal action may be brought against us until there has been full compl iance with all the terms of this policy. In addition, under LIABILITY INSURANCE, h'O legal action may be brought against us until we agree in writing that the insured has an obligation to payor until the amount of that obligation has been finally de- (; ~m ( @ . 1979 terrnined by judgment after trial. No person or organization ,as any right under this policy to bring us into Iny action to determine the liability of the insured. F. INSPECTION. At our option we may inspect your property and operations at any ti me. These inspections are for our benefit only. By our right to inspect or by our making any inspection we make no representa- tion that your property or operations are safe, not harmful to health or comply with any law, rule or regulation. G. CHANGES. This policy contains all the agreements between you and us. If a change requires a premium adjustment, we will adjust the premium as of the effective date of change. If we revise this policy form to provide more coverage without addi- tional premium charge your policy will auto- matically provide the additional coverage as of the day the revision is effective in your state. H. TRANSFER OF YOUR INTEREST IN THIS POLICY. Your rights and duties under this policy may not be assigned without our written consent. I. NO BENEFIT TO BAILEE - PHYSICAL DAM- AGE INSURANCE ONLY. 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 pro- vision of this policy. J. BANKRUPTCY. Bankruptcy or insolvency of the insured shall not relieve us of any obligations under this policy. K. APPRAISAL FOR PHYSICAL DAMAGE LOSSES. 1. If you and we fail to agree as to the amount of loss either may demand an appraisal of the loss. In such event, you and we shall each select a competent appraiser, and the ap- praisers shall select a competent and dis- interested umpire. The appraisers shall state separately the actual cash value and the amount of loss, and, failing to agree, shall submit their differences to the umpire. An award in writing of any two shall determine the amount of loss. You and we shall each pay the chosen appraiser and shall bear equally the other expenses of the appraisal and umpire. 2. We shall not be held to have waived any of our rights by any act relating to appraisal. L. TWO OR MORE POLICIES ISSUED BY US. If this policy and any other policy issued to you by us or any company affiliated with us apply to the same accident, the aggregate maximum limit of liability under all the policies shall not exceed the highest applicable limit of liability under any one policy. This condition does not apply to any policy issued by us or an affiliated company specifically to apply as excess insurance over this policy. 5 PARi VIII - INDIVIDUAL NAMED l~tURED " if you are an individual, the policy is changed as follows: A. WORDS AND PHRASES WITH SPECIAL MEANING. 1. The following phrase is added and appears in bold face type when used: "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. The words "you" and "your" include your spouse if a resident of the same household except for notice of cancellation. 3. When the phrase. "private passenger type" appears in bold face type it includes any covered auto you own of the pick-up or van type not used for business purposes. B. CHANGES IN LIABILITY INSURANCE. 1. The exclusion relating to liability assumed under any contract or agreement does not apply to your liability under a share-the- expense car pool. 2. The exclusion relating to bodily injury to fellow employees of the insured does not apply to bodily injury to your or any family member's fellow employees. 3. The exclusion relating to property in the insured's care, custody or control does not apply to property damage to a residence or private garage. It also does not apply to any private passenger type covered auto you don't own while being used by you or by any family member except: (1) Any auto owned by any family member. (2) Any auto furnished or available for your or any family member's regular use. (3) Any auto which you or any family mem- ber uses while working in a business of selling, servicing, repairing or parking autos unless that business is yours. 4. PERSONAL AUTO COVERAGE. While any auto you own of the private passenger type is a covered auto under the LIABILITY INSURANCE: a. The following is added to WHO IS IN- SURED: Family members are insureds for any covered auto you own of the private passenger type and any other auto de- scribed in paragraph 4.b. of this PART VIII. b. Any auto you don't own is a covered auto while being used by you or by any family member except: (1) Any auto owned by any family mem- bers. (2) Any auto used by you or by any of ~'m cI . ., c ", "1979 " your fa!i1Y members while working in a business of selling, servicing, repairing, or parking autos unless that business is yours. (3) Any auto other than an auto of the private passenger type used by you or by any of your family members while working in any other business or occupation. c. The exclusion relating to pollutants, irri- tants and contaminants and, ifforming a part of the policy, the NUCLEAR EN- ERGY LIABILITY EXCLUSION (BROAD FORM), does not apply to any covered auto of the private passenger type. d. The following exclusion is added and applies only to private passenger type covered autos: This insurance does not apply to: Bodily injury or property damage for which an insured under the policy is also an insured under a nuclear energy liabil- ity policy or would be an insured but for its termination upon its exhaustion of its limit of liability. A nuclear energy liability policy is a policy issued by Nuclear Energy Liability Insurance Association. Mutual Atomic Energy Liability Under- writers or any of their successors, This exclusion does not apply to autos regis- tered or principally garaged in New York. f C. CHANGES IN PHYSICAL DAMAGE INSUR- ANCE. 1. The following exclusion is added and ap- plies only to private passenger type autos: 9. This insurance does not apply to loss to the following parts, equipment, furnish- ings or finishes, unless factory installed or manufactured: Furniture, fixtures, carpeting or equip- ment which is contained in the vehicle for sleeping, cooking, washing and/or housekeeping, custom-installed height- extending roofs, porthole, slides or bubble windows, colored privacy glass in windows, mag or wire wheels, side pipes, air scoops, interior custom upholstery, custom-paint, such as murals, graphics or other custom-applied designs and spoilers. This exclusion does not apply to a cam- per or motor home type vehicle. 2. The following is added to Section B. WE WILL ALSO PAY: If Comprehensive Coverage applies to your private passenger type covered auto, we will also pay for loss to (a) personal property owned by you or a family member while contained in your covered auto, up to a (, 6 ."'....,.. rr~.~iH.f "TieD ..1......,.,.0. J ... A857 (Ed. 1-78) ,~ " I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Other autos if not insured under this policy. Relatives who don't have their own autos insured. Relatives who have their own auto insurance. Persons covered by their own auto insurance. Riding in employer's vehicle. Repair, servicing, etc. Loading and unloading. Motorcycles. .Car thieves. ~ Pedestrians in other states. CA 22 37 (Ed. 01 78) PERSONAL INJURY PROTECTION ENDORSEMENT (PENNSYLVANIA) This endorsement is subject to all the provisions of the policy except as modified herein: SECTION I PERSONAL INJURY PROTECTION COVERAGE In accordance with the Pennsylvania No-Fault Motor Vehicle Insurance Act, the Company will pay any or all personal injury protection benefits for: (a) medical expenses, (b) work loss, (c) replacement services loss, (d) funeral expenses and (e) survivor's loss for bodily injury to an eligible person due to an accident resulting from the maintenance or use of a motor vehicle as a vehicle. EXCLUSIONS This coverage DOES NOT APPLY to bOdily injury to: (a) the named insured or any relative resulting from the maintenance or use of the named insured's motor vehicle which is NOT an insured motor vehicle; (b) any relative resulting from maintenance or use of his motor vehicle which does not meet requirements of the Pennsylvania No-Fault Motor Vehicle Insurance Act; (c) any relative entitled to Pennsylvania personal injury protection coverage as a self-insured or as a named insured in another insurance policy; (d) any person, except the named insured or any relative, if entitled to Penn- sylvania personal injury protection coverage as a self-insured or as a named insured or relative in another insurance policy; (e) the named insured or any relative while occupying his employer's motor vehicle, other than the insured motor vehicle, for which security is fur- nished under the Pennsylvania No-Fault Motor Vehicle Insurance Act; (f) any person resulting from the conduct of the business of repairing, ser- vicing, or otherwise maintaining motor vehicles unless the conduct occurs off the business premises; (g) any person loading or unloading any motor vehicle except while occupying a motor vehicle; (h) any person while occupying a motorcycle; (i) any person other than the named insured or any relative, while maintain- ing or using a motor vehicle without reasonable belief that he is legally entitled to do so; nor shall survivor's loss benefits be payable to him or his survivor(s); (j) any pedestrian other than the named insured or any relative, if the acci- dent occur~ outside the Commonwealth of Pennsylvania; Copyright, Insurance Services Office, 1977 Page 1 of 7 ..,0:<.. .".". ~H~O' .....,,.,,,.1.,.,0. I ,~, .. . .j- , THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 21 06 (Ed. 05 79) CHANGES IN UNINSURED MOTORISTS INSURANCE A. Exclusion 3 under WE WILL NOT COVER-EXCLUSIONS does not apply. B. ARBITRATION applies except as follows: Arbitration shall be conducted in accordance with the Pennsylvania Arbitration Act of 1927. Copyright, Insurance Services Office, 1979 A785a (Ed. 5-79) ." ~.. -.'" n~U'iHiNT;Cn' -.."0.,,.,.,00 I , ... ..... -- ..h. , THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A914 (Ed. 1-78) CA 2X 17 (Ed. 01 78) UNINSURED MOTORISTS INSURANCE A. WORDS AND PHRASES WITH SPECIAL MEAN- ING In addition to the WORDS AND PHRASES WITH SPECIAL MEANING in the policy, the following words and phrases have special meaning for UN- INSURED MOTORISTS INSURANCE: 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. 3. "Uninsured motor vehicle" means a land mo- tor vehicle or trailer: a. For which no liability bond or policy at the time of an accident provides at least the amounts required by the applicable law where a covered auto is principally ga- raged, or b. For which the sum of all liability bonds or policies at the time of an accident pro- vides at least the amounts required by the applicable law where a covered auto is principally garaged but their limits are less than the limit of this insurance, or . c. For which an insuring or bonding company denies coverage or is or becomes insol- vent, or d. Which is a hit-and-run vehicle and neither the driver nor owner can be identified. The vehicle must hit an insured, a covered auto or a vehicle an insured is occupying. However, "uninsured motor vehicle" does not include any vehicle: a. Owned or operated by a self-insurer under any applicable motor vehicle law. b. Owned by a gove~nmental unit or agency. c. Designed for use mainly off public roads while not on public roads. \ B. WE WILL PAY 1. We will pay all sums the insured is legally en- titled to recover as damages from the owner or driver of an uninsured motor vehicle. The damages must result from bodily injury sus- tained by the insured caused by an accident. The owner's or driver's liability for these dam- ages must result from the ownership, mainte- nance or use of the uninsured motor vehicle. 2. If this insurance provides a limit in excess of the amounts required by the applicable law where a covered auto is principally garaged, we will pay only after all liability bonds or policies have been exhausted by judgments or payments. 3. Any judgment for damages arising out of a suit brought without our written consent is not binding on us. C. WE WILL NOT COVER-EXCLUSIONS This insurance does not apply to: 1. Any claim settled without our consent. 2. The direct or indirect benefit of any insurer or self-insurer under any workers' compensation, disability benefits or similar law. 3. Bodily injury sustained by you or any family member while occupying or struck by any ve- hicle owned by you or any family member which is not a covered auto. 4. Anyone using a vehicle without a reasonable belief that the person is entitled to do so. D. WHO IS INSURED 1. You or any family member. 2. 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. 3. Anyone for damages he is entitled to recover because of bodily injury sustained by another insured. Copyright, Insurance Services Office, 1977 Page l.of 2 I '. ~ .. ., t OUR 'LIMIT OF LIABILITY 1. Regardless of the number of covered autos, insureds, claims made or vehicles involved in the accident, the most we will pay for all dam- ages resulting from anyone accident is the limit of UNINSURED MOTORISTS INSUR- ANCE shown in the declarations. 2. Any amount payable under the insurance shall be reduced by: a. All sums paid or payable under any work- ers' compensation, disability benefits or similar law, and b. All sums paid by or for anyone who is le- gally responsible, including all sums paid under the policy's LIABILITY INSURANCE. 3. (>.ny amount paid under this insurance will re- duce any amount an insured may be paid un- der the policy's LIABILITY INSURANCE. F. CHANGES IN CONDITIONS The CONDITIONS of the policy are changed for UNINSURED MOTORISTS INSURANCE as fol- lows: 1. The reference in OTHER INSURANCE to "other collectible insurance" applies only to other collectible uninsured motorists insur- ance. 2. YOUR DUTIES AFTER ACCIDENT OR LOSS is changed by adding the following: A914 (Ed. 1-78) I a. Promptly notify the police if a hit-and-run driver is involved, and b. Promptly send us copies of the legal pa- pers if a suit is brought. 3. OUR RIGHT TO RECOVER FROM OTHERS is changed by adding the following: If we make any payment and the insured re- covers from another party, the insured shall hold the proceeds in trust for us and pay us back the amount we have paid. 4. The following Condition is added: ARBITRATION a. If we and an insured disagree whether the insured is legally entitled to recover dam- ages from the owner or driver of an unin- sured motor vehicle or do not agree as to the amount of damages, either party may make a written demand for arbitration. In this event, each party will select an arbi- trator. The two arbitrators will select a third. If they cannot agree within 30 days, either may request that selection be made by a judge of a court having jurisdiction. Each party wil pay the expenses it incurs and bear the expenses of the third arbi- trator equally. b. Unless both parties agree otherwise, arbi- tration 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. \ --.. Copyright, Insurance Services Office, 1977 Page 2 of 2 I , ... ~ ~ &, . ......... n~.~.rHEN.T;~n. I A752 (Ed. 1-78) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PA 02 27 (Ed. 01 78) CHANGES IN POLICY-CANCELLATION If you are an individual and a covered auto you own is of the private passenger type, CANCELLING THIS POLICY DURING THE POLICY PERIOD does not apply to that auto. The following Condition applies instead: ENDING THIS POLICY '- A. Cancellation 1. You may cancel the policy by returning it to us or by giving us advance notice of the date cancellation is to take effect. 2. When the effective date of cancellation is 60 days or less after the effective date of this policy and this is not a renewal or continua- tion policy, we may cancel for any reason. If we cancel for nonpayment of premium, we will mail you at least 15 days notice. If we cancel for any other reason we will mail you at least 10 days notice. 3. When the effective date of cancellation is more than 60 days after the effective date of this policy or this is a renewal or continuation policy, we may cancel only for one or more of the following reasons: a. Nonpayment of premium. If we cancel for this reason, we will mail you at least 15 days notice. b. Your driver's license or that of a driver who Jives with you or customarily uses the covered auto has been suspended or re- voked after the effective date if this policy has been in effect less than one year; or if this policy has been in effect more than one year since the last anniversary of the original effective date. If we cancel for this reason we will mail you at least 30 days notice. c. We replace this policy with another one providing similar coverages and the same limits for the covered auto. The replace- ment policy will take effect when this pol- icy is cancelled, and will end a year after this policy begins or on this policy's ex- piration date, whichever is earlier. d. This policy has bp.en written for a period of more than a year or without a fixed ex- piration date. We may cancel for this rea- son only at an anniversary of its original effective date. If we cancel for this reason we will mail you at least 30 days notice. 4. If this policy is cancelled, you may be entitled to a premium refund. If so, we will send you the refund. However, making or offering to make the refund is not a condition of cancel- lation. If you cancel, the refund, if any, will be computed in accordance with our custom- ary short rate procedure. If we cancel, the refund, if any, will be computed pro rata. 5. The effective date of cancellation stated in the notice shall become the end of the policy period. B. Non-Renewal 1. If we decide not to renew or continue this pol- icy we will mail you notice at least 30 days before the end of the policy period. If the policy period is other 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 pre- mium when due shall mean that you have not accepted our offer. 2. If we fail to mail proper notice of non-renewal and you obtain other insurance this policy will end on the effective date of that insur- ance. C. Mailing of Notices Any notice of cancellation or non-renewal will be mailed to your last known address. However, we may deliver any notice instead of mailing it. Proof of mailing of any notice shall be sufficient proof of notice. Copyright, Insurance Services Office, 1977