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HomeMy WebLinkAboutCOI_ Marathon General Inc DBA Seal Co_ 12.31.2412/31/2024 CMR Risk & Insurance Services License #0E59760 110 W A Street, Ste. 725 San Diego CA 92101 Elvira Sandoval (619)297-3160 (619)297-3111 esandoval@cmrris.com Marathon General Inc. DBA Seal Co 1728 W. Mission Road Escondido CA 92029 Scottsdale Insurance Company 41297 American Zurich Insurance Co.40142 Great American Insurance Group 16691 Zurich American Insurance Co 16535 SiriusPoint Specialty Ins Corp 16820 2025-All Lines (Sealco) A DEDUCTIBLE: $5,000 BI/PD Y Y BCS2002235 01/01/2025 10/01/2025 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 B Y Y BAP-2373304-00 01/01/2025 10/01/2025 1,000,000 C 0 TUE 1737847 08 01/01/2025 10/01/2025 10,000,000 10,000,000 D Y Y WC-2373303-00 01/01/2025 10/01/2025 1,000,000 1,000,000 1,000,000 E PROFESSIONAL/ POLLUTION LIABILITY- AGG LIMIT: $5,000,000 CPPL D0002124 00 01/01/2025 10/01/2025 EACH CLAIM-CPL 4,000,000 EACH CLAIM-E&O 1,000,000 RETENTION 10,000 RE: Operations of the named insured San Bernardino County: additional insured status is provided per the terms and conditions of form CG2010/CG2037 (General Liability) and CA2048 (Auto). Primary and non-contributory status is provided per the terms and conditions of form CG2001. General Aggregate Per Project provided per the terms and conditions of form GLS332s. Waiver of subrogation status is provided per the terms and conditions of form CG2404 (General Liability), CA0444 (Auto), and WC040306 (Workers Compensation). Should any of the above listed policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. San Bernardino County 825 E. Third St San Bernardino CA 92415 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY SCOTISDALE INSURANCE COMPANY® ENDORSEMENT NQ. ____ _ ATTACHED TO ANO ENDORSEMENT EFFECTIVE DATE FORMING A PART OF (12:01 A.M. STANDARD TIME) NAMEDINSURED AGENTNO. POLICY NUMBER BCS2002235 01/01/2025 MARATHON GENERAL INC.047AK THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL Y. DESIGNATED CONSTRUCTION PROJECT(S) AGGREGATE LIMIT SUBJECT TO AN ALL PROJECTS LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): All Projects lnformation required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section 1--Coverage A, and for all medical expenses caused by accidents under Section 1--Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Per Project Aggregate Limit equal to the General Aggregate Limit shown in the Declarations shall apply to each Designated Construction Project. However, the most we will pay under the insurance provided by this endorsement for all Designated Construction Projects shown in the Schedule above is $5,000,000, unless otherwise stated below: $ _ _ _ _ _ _ _ 2. The separata Designated Per Project Aggre- gate Limit provided in A.1. above is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard," and for medical expensas under Coverage C regardless of the number of: a. lnsureds; b. Claims made or "suits" brought; or e. Persons or organizations making claims or bringing "suits." 3. Any payments made under Coverage A for damages or under Coverage C for medical expensas shall reduce the separata Designated Per Project Aggregate Limit provided in A.1. for that particular Designated Construction Project. Such payments lncludes copyrighted material of ISO Properties, lnc., with its permission. Copyright, ISO Properties, lnc., 2008 GLS-332s 01-12 Page 1 of2 CG 20 12 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: BCS2002235 COMMERCIAL GENERAL LIABILITY CG 20 12 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION – PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: ANY PERSON OR ORGANIZATION WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT, EXECUTED PRIOR TO THE OCCURRENCE TO WHICH THIS INSURANCE APPLIES, THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions: 1.This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: a.The insurance afforded to such additional insured only applies to the extent permitted by law; and b.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2.This insurance does not apply to: a."Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b."Bodily injury" or "property damage" included within the "products-completed operations hazard". B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. COMMERCIAL GENERAL LIABILITY COVERAGE PART Insured Copy POLICY NUMBER:BCS2002235 COMMERCIAL GENERAL LIABILITY CG 20 10 12-19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL Y. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional lnsured Person(s) Location(s) Of Covered Operations Or Organization(s) Any person or organization when required 16945 Mimosa Place, Rancho Santa Fe, CA by written contract or agreement, executed 92067 prior to the occurrence to which this insurance applies, that such person or organization be added as an additional insured on your policy lnformation required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section li -Who Is An lnsured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. lf coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. AII work, including materiais, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the sarne project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ili -Limits Of lnsurance: lf coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of lnsurance; whichever is less. This endorsement shall not increase the applicable limits of lnsurance. CG 20 10 12-19 © lnsurance Services Office lnc. 2018 Page 1 of 1 POLICY NUMBER: BCS2002235 COMMERCIAL GENERAL LIABILITY CG 24 04 12-19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL Y. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US {WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM THE INSURED HAS AGREED TO WAIVE RIGHTS OF RECOVERY, PROVIDED SUCH AGREEMENT IS MADE IN WRITING AND PRIOR TO THE LOSS lnformation required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12-19 © lnsurance Services Office lnc. 2018 Page 1 of 1 POLICY NUMBER: BCS2002235 COMMERCIAL GENERAL LIABILITY CG 20 37 12-19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL Y. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional lnsured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization when required 16945 Mimosa Place, Rancho Santa Fe, CA by written contract or agreement, 92067 executed prior to the occurrence to which this insurance applies, that such person or organization be added as an additional insured on your policy. lnformation required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section li -Who Is An lnsured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. lf coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ili -Limits Of lnsurance: lf coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of lnsurance; whichever is less. This endorsement shall not increase the applicable limits of lnsurance. CG 20 37 12-19 © lnsurance Services Office lnc. 2018 Page 1 of 1 BAP-2373304-00 Marathon General Inc. 01/01/2025 COMMERCIAL GENERAL LIABILITY CG 20 34 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. © Insurance Services Office, Inc., 2018 Page 1 of 1 ADDITIONAL INSURED – LESSOR OF LEASED EQUIPMENT – AUTOMATIC STATUS WHEN REQUIRED IN LEASE AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II – Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However, the insurance afforded to such additional insured: 1.Only applies to the extent permitted by law; and 2.Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. B.With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. C.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement you have entered into with the additional insured; or 2.Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Insured Copy POLICY NUMBER: BCS2002235 WC 252 (4-84) WC 04 03 06 (Ed. 4-84) Page 1 of 1 WORKERS’ COMPENSATION AND EMPLOYERS’ LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT— CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following “attaching clause” need be completed only when this endorsement is issued subsequent to preparation of the policy.) 01/01/2025 at 12:01 A.M. standard time, forms a part of (DATE) Endorsement No. American Zurich Insurance Company This endorsement, effective on Policy No. WC-2373303-00 of the issued to Marathon General Inc. Premium (if any) $ Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 0% of the California workers’ compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description All persons and/or organizations that are required by written contract or agreement with the insured, executed prior to the accident or loss, that waiver of subrogation be provided under this policy for work performed by you for that person and/or organization. R * T8 * 01/01/2025 * TUE 1737847 08 Great American lnsurance Company 205264 TAU 9500 (Ed. 11 97) EXCESS LIABILITY POLICY There are provIsIons in this policy that restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Words and phrases in quotation marks have special meaning and can be found in the Definitions Section or the specific policy provision where they appear. ln consideration of the payment of the premium and in reliance upon the statements in the Declarations we agree with you to provide coverage as follows: INSURING AGREEMENTS 1. COVERAGE We will pay on behalf of the lnsured "loss" in excess of the Underlying Limits of lnsurance shown in Item 5. of the Declarations, but only up to an amount not exceeding the Company's Limits of lnsurance as shown in Item 4. of the Declarations. Except for the terms, conditions, definitions and exclusions of this policy, the coverage provided by this policy will follow the First Underlying lnsurance Policy, as shown in Item 5. of the Declarations. The inclusion or addition hereunder of more than one lnsured shall not operate to increase the Company's Limits of lnsurance beyond that set forth in Item 4. of the Declarations. We will be furnished a complete copy of the First Underlying lnsurance Policy described in Item 5. o f the Declarations. li.LIMITS OF INSURANCE A.The Limits of lnsurance shown in the Dec- larations and the rules below describe the most we will pay regardless of the num- ber of: 1. lnsureds; 2. claims made or suits brought; or 3. Persons or organizations making claims or bringing suits. B. The Limits of lnsurance of this policy will apply as follows: TAU 9500 (Ed. 11 /97) XS (Page 1 of 5) 1. This policy applies only in excess of the Underlying Limits of lnsurance shown in Item 5. of the Declarations. 2. The aggregate limit shown in Item 4. of the Declarations is the most we will pay for all "loss" that is subject to an aggregate limit provided by the First Underlying lnsurance Policy. The ag- gregate limit applies separately and in the sarne manner as the aggregate lim- its provided by the First Underlying I n- surance Policy. 3. Subject to B.2., the occurrence limit stated in Item 4. of the Declarations is the most we will pay for all "loss" arising out of any one occurrence to which this policy applies. 4.Subject to Paragraphs B.2. and B.3. above, if the underlying Limits of ln- surance stated in Item 5. of the Dec- larations are reduced or exhausted solely by payment of "loss," such in- surance provided by this policy will apply in excess of the reduced Under- lying Limits or, if all Underlying Limits are exhausted, will apply as underlying insurance subject to the sarne terms, conditions, definitions and exclusions of the First Underlying lnsurance Poli- cy, except for the terms, conditions, definitions and exclusions of this poli- cy. 5. The Limits of lnsurance of this policy apply separately to each consecutive annual period and to any remaining pe- Great American lnsurance Company riod of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issu- ance for an additional period of less than 1 2 months. ln that case, the add i- tional period will be deemed part of the last preceding period for purposes of determining the Limits of lnsurance. Ili. DEFENSE A.We will not be required to assume charge of the investigation of any claim or de- fense of any suit against you. B. We will have the right, but not the duty, to be associated with you or your underlying insurer or both in the investigation of any claim or defense of any suit which in our opinion may create liability on us for "loss" under this policy. lf we exercise such right, we will do so at our own expense. C. lf all Underlying Limits of lnsurance stated in Item 5. o f the Declarations are ex- hausted solely by payment of "loss," we shall have the right but not the duty to investigate and settle any claim or assume the defense of any suit which in our opin- ion may give rise to a "loss" under this policy. Such investigation or defense shall be at our own expense. We may, how- ever, withdraw from the defense of such suit and tender the continued defense to you if our applicable Limits of lnsurance stated in Item 4. of the Declarations are exhausted by payment of "loss." IV.EXCLUSIONS This policy does not apply to: A.Any "loss," including, but not limited to settlements, judgments, costs, charges, expenses, costs of investigations, or the fees of attorneys, experts, or consultants arising out of or related in any way, either directly or indirectly, to: 1. asbestos, asbestos products, asbes- tos-containing materiais or products, asbestos fi bers o r asbestos dust, i n- cluding, but not limited to, manufac- ture, mining, use, sale, installation, re- mova!, or distribution activities; 205264 2. exposure to testing for, monitoring of, cleaning up, removing, containing or treating of asbestos, asbestos pro- ducts, asbestos-containing materiais or products, asbestos fibers or as- bestos dust; or 3. any obligation to investigate, settle or defend, or indemnify any person against any claim or suit arising out of, or related in any way, either directly or indirectly, to asbestos, asbestos pro- ducts, asbestos-containing materiais or products, asbestos fibers or as- bestos dust. B. Any "loss": 1. with respect to which any lnsured un- der this policy is also an lnsured under a nuclear energy liability policy issued by Nuclear Energy Liability lnsurance Association, Mutual Atomic, Energy Li- ability Underwriters, Nuclear lnsurance Association of Canada or any of their successors, or would be an lnsured under any such policy but for its ter- mination upon exhaustion of its Limit of lnsurance; or 2. resulting from the "hazardous prop- erties" of "nuclear material" and with respect to which: a. a person or organization is re- quired to maintain financial pro- tection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or b. any lnsured is, or had this policy not been issued would be, entitled to indemnity from the United States of Amarica, or any agency thereof, under any agreement en- tered into by the United States of Amarica, or any agency thereof, with any person or organization. Any injury or "nuclear property damage" resulting from the "hazardous properties" of "nuclear material", if: 1. the "nuclear material" a. is at any "nuclear facility" owned by, or operated by or on behalf of, any lnsured; or TAU 9500 (Ed. 11 /97) XS (Page 2 of 5) R * T8 * 01/01/2025 * TUE 1737847 08 Great American lnsurance Company b. has been discharged or dispersed therefrom; 2. the "nuclear material" is contained in "spent fuel" or "nuclear waste" at any time possessed, handled, used, pro- cessed, stored, transported or dis- posed of by or on behalf of any ln- sured; or 3. the injury or "nuclear property dam- age" arises out of the furnishing by any lnsured of services, materiais, parts or equipment in connection with the planning, construction, mainten- ance, operation or use of any "nuclear facility," but if such facility is located within the United States of America, its territories o r possessions o r Canada, this Exclusion B.3. applies only to "nu- clear property damage" to such "nu- clear facility" and any property therein. As used in this exclusion: 1. "Hazardous properties" include radio- active, toxic or explosive properties. 2. "Nuclear facility" means: a. any "nuclear reactor"; b. any equipment or device designed or used for: (1)separating the isotopes of uranium or plutonium, (2)processing or utilizing "spent fuel," or (3) handling, processing or packaging "nuclear waste"; e. any equipment or device used for the processing, fabricating or al- loying 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 lo- cated consists of or contains more than 25 grams of plutonium TAU 9500 (Ed. 11 /97) XS (Page 3 of 5) 205264 or uranium 233 or any combina- tion thereof, or more than 250 grams of uranium 235; d. any structure, basin, excavation, premises or place prepared or used for the storage o r disposal of "nuclear waste," and includes the site on which any of the foregoing is located, all oper- ations conducted on such site and all premises used for such oper- ations; 3. "Nuclear material" means "source ma- terial," "special nuclear material" or "by-product material." 4. "Nuclear property damage" includes all forms of radioactive contamination of property. 5. "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain re- action or to contain a criticai mass of fissionable material. 6. "Nuclear Waste" means any "nuclear waste" material: a. containing "by-product material" other than the tailings of "nuclear wastes" produced by the extrac- tion or concentration of uranium or thorium from any ore pro- cessed primarily for its "source material" content, and b. resulting from the operation by any person or organization of any "nuclear facility" included within the definition of "nuclear facility" under Paragraph C.2.a. or C.2.b. 7. "Source material," "special nuclear ma- terial," and "by-product" material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. 8."Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor." R * T8 * 01/01/2025 * TUE 1737847 08 Great American lnsurance Company 205264 V.DEFINITIONS "Loss" means those sums which you are le- gally obligated to pay as damages, after mak- ing proper deductions for all recoveries and salvage. VI.CONDITIONS A.Appeals ln the event you or any underlying insurer elects not to appeal a judgment in excess of the amount of the Underlying lnsurance, we may elect to appeal at our expense. lf we do so elect, we will be liable for the costs and additional interest accruing d u r- ing this appeal. ln no event will this provi- sion increase our liability beyond the ap- plicable Limits of lnsurance described in Section li. of this policy. B. Bankruptcy or lnsolvency The bankruptcy, insolvency or inability to pay of any lnsured will not relieve us from our obligation to pay "loss" covered by this policy. ln the event of bankruptcy, insolvency or refusal or inability to pay, of any under- lying insurer, the insurance afforded by this policy will not replace such underlying insurance, but will apply as if the under- lying insurance was fully available and col- lectible. C. Cancellation 1. You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect. 2. We may cancel this policy. lf we can- cel because of nonpayment of pre- mium, we must mail or deliver to you not less than ten (10) days advance written notice stating when the can- cellation is to take effect. lf we cancel for any other reason, we must mail or deliver to you not less than thirty (30) days advance written notice stating when the cancellation is to take effect. Mailing that notice to you at your mail- ing address shown in Item 1. of the Declarations will be sufficient to prove notice. 3. The policy period will end on the day and hour stated in the cancellation no- tice. 4. lf we cancel, final premium will be cal- culated pro rata based on the time this policy was in force. 5. lf you cancel, final premium will be more than pro rata; it will be based on the time this policy was in force and increased by our short rate cancella- tion table and procedure. 6. Premium adjustment may be made at the time of cancellation or as soon as practicable thereafter but the cancella- tion will be effective even if we have not made or offered any refund due you. Our check or our representative's check, mailed or delivered, will be sufficient tender of any refund due you. 7. The first Named lnsured in Item 1. of the Declarations will act on behalf of all other lnsureds with respect to the giving and receiving of notice of can- cellation and the receipt of any refund that may become payable under this policy. 8. Any of these provIsIons that conflict with a law that controls the cancella- tion of the insurance in this policy is changed by this statement to comply with the law. D. Maintenance of Underlying lnsurance During the period of this policy, you agree: 1. To keep the policies listed in the Schedule of Underlying lnsurance in full force and effect; 2. That the Limits of lnsurance of the policies listed in the Schedule of Un- derlying lnsurance will be maintained except for any reduction or exhaus- tion of aggregate limits by payment of claims or suits for "loss" covered by Underlying lnsurance. TAU 9500 (Ed. 11 /97) XS (Page 4 of 5) R * T8 * 01/01/2025 * TUE 1737847 08 Great American lnsurance Company 205264 lf you fail to comply with these require- ments, we will only be liable to the sarne extent that we would have been had you fully complied with these requirements. E. Notice of Occurrence 1. You must see to it that we are notified as soon as practicable of an occur- rence which may result in a "loss" covered under this policy. To the ex- tent possible, notice will include: a. how, when and where the occur- rence took place; b. the names and addresses of any injured persons and witnesses; e. the nature and location o f any i n- j u ry or damage arising out of the occurrence. 2. lf a claim or suit against any lnsured is reasonably likely to involve this policy you must notify us in writing as soon as practicable. 3. You and any other involved lnsured must: a. immediately send us copies of any demands, notices, summonses or legal papers received in con- nection with the claim or suit; b. authorize us to obtain records and other information; e. cooperate with us in the inves- tigation, settlement or defense of the claim or suit; and d. assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the lnsured be- cause of injury or damage to which this insurance may also ap- ply. 4.The lnsureds will not, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, with- out our consent. F. Other lnsurance lf other insurance applies to a "loss" that is also covered by this policy, this policy will apply excess of the other insurance. Nothing herein will be construed to make this policy subject to the terms, conditions and limitations of such other insurance. However, this provision will not apply if the other insurance is specifically written to be excess of this policy. Other insurance includes any type of self- insurance or other mechanism by which an lnsured arranges for funding of legal liabilities. G. Terms Conformed to Statute The terms of this Policy which are in con- flict with the statutes of the state where this Policy is issued are amended to con- to rm to such statutes. lf we are prevented by law or statute from paying on behalf of the lnsured, then we will, where permitted by law or statute, indemnify the lnsured. H. When "Loss" is Payable Coverage under this policy will not apply unless and until the lnsured or the ln- sured's underlying insurance has paid or is obligated to pay the full amount of the Underlying Limits of lnsurance stated in Item 5. o f the Declarations. When the amount of "loss" has finally been determined, we will promptly pay on be- half of the lnsured the amount of "loss" covered under the terms of this policy. TAU 9500 (Ed. 11 /97) XS (Page 5 of 5) R * T8 * 01/01/2025 * TUE 1737847 08 POLICY NUMBER: This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s)or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. BAP-2373304-00 Any person or organization to whom or which you are required to provide additional insured status on a primary, non-contributory basis in a written contract or written agreement executed prior to loss, except where such contract or agreement is prohibited by law. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage,but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph of Section –Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph of Section –Covered Autos Coverages of the Auto Dealers Coverage Form. © Insurance Services Office, Inc., 2011 Marathon General Inc. 01/01/2025 Coverage Extension Endorsement ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I Prem. Return Prem. BAP-2373304-00 01/01/2025 10/01/2025 35198000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL Y. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A.Amended Who Is An lnsured 1. The following is added to the Who Is An lnsured Provision in Section li -Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b.Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. e. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d.Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of lnsurance shown in the Declarations, whichever is less. 2.The following is added to the Other lnsurance Condition in the Business Auto Coverage Form and the Other lnsurance -Primary and Excess lnsurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment -Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section li -Covered Autos Liability Coverage are replaced by the following: (2)Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4)AII reasonable expensas incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. lncludes copyrighted material of lnsurance Services Office, lnc., with its permission. U-CA-424-F CW (04/14) Page 1 of6 POLICY NUMBER: #BCS2002235