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HomeMy WebLinkAboutCOI_ Traffic Management Inc_ 3.31.25SHOULD 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 3/31/2025 The Dougherty Company P.O.Box 7277 Long Beach CA 90807 Caroline Price 562-424-1621 562-490-0432 caroline@doughertyins.com National Union Fire Ins.Co.of Pittsburg 19445 TRAFF-2 Admiral Insurance Company 24856TrafficManagement,Inc. Traffic Management LLC 4900 Airport Plaza Dr.,Suite 300 Long Beach CA 90815 Homesite Insurance Company 17221 Coalition Inc 11150 NEW HAMPSHIRE INS CO 23841 1984145426 A X 2,000,000 X 500,000 25,000 2,000,000 4,000,000 X Y Y 526-81-78 4/1/2025 4/1/2026 4,000,000 Per Project Aggreg.2,000,000 A 2,000,000 X X X X Deductible 0 Y Y 448-96-71 4/1/2025 4/1/2026 Deductible: C X 5,000,000 X Y CXP-017679-02 4/1/2025Y 4/1/2026 5,000,000 X 0 E E X Y Y WC72113327 WC721-13-262 4/1/2025 4/1/2025 4/1/2026 4/1/2026 Deductible:None 2,000,000 2,000,000 2,000,000 B D Professional/Pollution Liability Cyber Liability Y Y EO00005668904 C-4WWR-109157-CYBER-2025 4/1/2025 4/1/2025 4/1/2026 4/1/2026 Each Claim/Aggregate Each Claim Aggregate $5,000,000 $5,000,000 $5,000,000 Professional Liability has a $25,000 deductible per claim.Professional Liability Retro Date is 3/3/2014 Pollution Liability has a $25,000 deductible per claim. The Excess Liability is following form to the General Liability,Auto Liability and Employers Liability and the primary endorsements apply. Owner Controlled Insurance Programs,Contractors Controlled Insurance Programs and Wraps are included for coverage if enrolled. Coverage is primary &noncontributory with respect to General Liability,Auto Liability,Workers Compensation and Excess Liability.Waiver of Subrogation coverage applies to the General Liability,Auto Liability,Workers Compensation,Excess Liability and Professional Liability. Christopher Spano and Jonathan Spano are excluded Officers on the Workers Compensation coverage. County of San Bernardino/County Flood Control District and its officers,employees,agents and Volunteers are automatically included as an additional insured if required by written contract and per attached endorsements.60-day notice of cancellation except 10 days for non-payment of premium. County of San Bernardino 825 e.Third Street Rm #207 San Bernardino,CA 92415-0835 ENDORSEMENT This endorsement,effective 12:01 A.M.04/01/2025 forms a part of Policy No.526-81 -78 issued to TRAFFIC MANAGEMENT INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH,PA. ADDITIONAL INSURED-OWNERS,LESSEES,OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE NAME OF PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO THAT SPECIFICALLY REQUIRES USE OF “ARISING”WORDING GRANTED VIA FORM 97838 04/08 OR ITS EQUIVALENT. (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) A.SECTION II -WHO IS AN INSURED is amended to include as an insured; The person or organization shown in the schedule,but only with respect to liability arising out of your ongoing operations performed for that additional insured. B.With respect to the insurance afforded to these additional insureds,SECTION I - COVERAGES,COVERAGE A -BODILY INJURY AND PROPERTY DAMAGE LIABILITY,2.- Exclusions,is amended to include the following additional exclusion; This insurance does not apply to "bodily injury"or "property damage"occurring after: (1)all work,including materials,parts or equipment furnished in connection with such work,on the project (other than service,maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the site of the covered operations has been completed;or, (2)that portion of "your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All other terms and conditions remain unchanged. Authorized Representative orCountersignature(in States WhereApplicable) 97838 (4/08)Includes copyrighted material of Insurance Services Office,Inc.with its permission.Page 1 of 1 ENDORSEMENT This endorsement,effective 12:01 A.M. forms a part of Policy No.526-81-78 issued to TRAFFIC MANAGEMENT INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH,PA. ADDITIONAL INSURED-OWNERS,LESSEES,OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE NAME OF ADDITIONAL INSURED PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO THAT SPECIFICALLY REQUIRES USE OF "ARISING"WORDING GRANTED VIA FORM 97837 04/08 OR ITS EQUIVALENT. LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS: ADDITIONAL PREMIUM: $ (If No entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) SECTION II -WHO IS AN INSURED is amended to include as an insured; The person or organization shown in the Schedule,but only with respect to liability arising out of "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". All other terms and conditions remain unchanged. Authorized Representative orCountersignature(in States WhereApplicable) 97837 (4/08)Includes copyrighted material of Insurance Services Office,Inc.with its permission.Page 1 of 1 04/01/2025 ENDORSEMENT This endorsement,effective 12:01 A.M. forms a part of Policy No.526-81 -78 issued to TRAFFIC MANAGEMENT INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH,PA. AMENDMENT OF LIMITS OF INSURANCE (Per Project or Per Location Aggregate Limit) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM I.Your policy is amended to include either a Per Project General Aggregate Limit,a Per Location General Aggregate Limit or a Per Project and Per Location General Aggregate Limit.Please select only one of the following: [X]Per Project General Aggregate Limit $4 ,000 ,000 [ ]Per Location General Aggregate Limit $ [ ]Per Project and Per Location General Aggregate Limit $ IF NEITHER OF THESE BOXES ARE CHECKED,THIS ENDORSEMENT IS VOID.IF MORE THAN ONE OF THE THESE BOXES ARE CHECKED,THIS ENDORSEMENT IS VOID. II.SECTION III -LIMITS OF INSURANCE ,is amended to include the following: 1.The Limits of Insurance and the rules below fix the most we will pay regardless of the number of: a.Insureds; b.Claims made or "suits"brought;or c.Persons or organizations making claims or bringing "suits". 2.The General Aggregate Limit is the most we will pay for the sum of: a.Medical expenses under Coverage C; b.Damages under Coverage A,except damages because of "bodily injury"or "property damage"included in the products-completed operations hazard";and c.Damages under Coverage B. 3.The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury"and "property damage"included in the "products-completed operations hazard". 4.Subject to 2.above,the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5.Subject to 2.or 3.above,whichever applies,the Each Occurrence Limit is the most we will pay for the sum of: a.Damages under Coverage A;and b.Medical expenses under CoverageC 86681 (9/04)Includes copyrighted material of Insurance Services Office,Inc.with its permission.Page 1 of 2 04/01/2025 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 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 Information 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. 526 61 76 Pursuant to applicable written contract or agreement you enter into ADDITIONAL INSURED- OWNERS, LESSEES, OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE NAME OF ADDITIONAL INSURED PERSON OR ORGANIZATION: ANYPERSONORORGANIZATIONWHOMYOUBECOMEOBLIGATEDTOINCLUDEASAN ADDITIONALINSUREDASARESULTOFANYCONTRACTORAGREEMENTYOUHAVEENTERED INTOTHATSPECIFICALLYREQUIRESUSEOF“ARISING”WORDINGGRANTEDVIAFORM97837 04/08ORITSEQUIVALENT. LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS: ADDITIONAL PREMIUM: $ (If No entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) SECTION II - WHO IS AN INSURED is amended to include as an insured; The person or organization shown in the Schedule, but only with respect to liability arising out of "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". Thisendorsement,effective12:01A.M. formsapartofPolicyNo.526-81-78 issuedtoTRAFFIC MANAGEMENT INC by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. 04/01/2025 ADDITIONAL INSURED- OWNERS, LESSEES, OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE NAME OF PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO THAT SPECIFICALLY REQUIRES USE OF “ARISING” WORDING GRANTED VIA FORM 97838 04/08 OR ITS EQUIVALENT. Authorized Representative orCountersignature (in States WhereApplicable) (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) A. SECTION II -WHO IS AN INSURED is amended to include as an insured; The person or organization shown in the schedule, but only with respect to liability arising out of your ongoing operations performed for that additional insured. B.With respect to the insurance afforded to these additional insureds, SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. - Exclusions, is amended to include the following additional exclusion; This insurance does not apply to "bodily injury" or "property damage" occurring after: (1)all work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or, (2)that portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All other terms and conditions remain unchanged. 97838 (4/08)Includes copyrighted material of Insurance Services Office, Inc. with its permission.Page 1 of 1 ENDORSEMENT This endorsement, effective 12:01 A.M. 04/01/2025 forms a part of Policy No. 526-81-78 issued to TRAFFIC MANAGEMENT INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. ENDORSEMENT This endorsement,effective 12:01 A.M.04/01/2025 forms a part of Policy No.526-81 -78 issued to TRAFFIC MANAGEMENT INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH,PA. LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium,and 1 .the cancellation effective date is prior to this policy's expiration date; 2.the First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter,the "Certificate Holder(s)")and has provided to the Insurer,either directly or through its broker of record,the email address of a contact at each such entity;and 3.the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date,via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice")via e-mail to each such Certificate Holders withi n 30 days after the First Named Insured provides such information to the Insurer;provided,however,that if a specific number of days is not stated above,then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after theFirst Named Insured provides such information to the Insurer. Proof of the Insurer emailing the Advice,using the information provided by the First Named Insured,will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect,in any way,coverage provided under this policy or the cancellation of this policy or the effective date thereof,nor shall this endorsement invest any rights in any entity not insured under this policy. The following Definitions apply to this endorsement: 1 .First Named Insured means the Named Insured shown on the Declarations Page of this policy. 2.Insurer means the insurance company shown in the header on the Declarations page of this policy. All other terms,conditions and exclusions shall remain the same. Authorized Representative 107414 (3/1 1)Includes copyrighted material of Insurance Services Office,Inc.with its permissiorPage 1 of 1 04/01/2025 04/01/2025 04/01/2025 BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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). This endorsement,effective 12:01 AM 04/01/2025 forms a part of Policy No. Issued to TRAFF I C MANAGEMENT ,INC. By NEW HAMPSHIRE INSURANCE COMPANY We have a right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us,as regards any work you perform for such person or organization. The additional premium for this endorsement shall be 2.00 %of the total estimated workers compensation premium for this policy. WC 04 03 61 (Ed.11/90) Countersigned by Authorized Representative WC 72113327 04/01/2025 721-13-262 04/01/2025 721-13-262 04/01/2025 721-13-262 04/01/2025 721-13-262 721-13-26204/01/2025 04/01/2025 All other terms and conditions remain unchanged. CXS 20 50 08 21 Contains copyrighted material of the Insurance Services Office, Inc. with its permission. Page 1 of 1 CONTRACTORS ENDORSEMENT BLANKET ADDITIONAL INSURED - NON-CONTRIBUTING - WAIVER OF SUBROGATION In consideration of the premium charged, it is understood and agreed that: A. Additional Insureds When a written contract, signed prior to an “event” requires that you provide Additional Insured coverage with Limits of Insurance greater than “underlying limits” and “controlling underlying insurance” provides such coverage: 1. SECTION II – WHO IS AN INSURED is amended to include the Additional Insured as an insured for the lesser of: a. Coverage required by the written contract; or b. Coverage provided by this insurance or “controlling underlying insurance.” 2. As respects the coverage provided by this endorsement, SECTION III – LIMITS OF INSURANCE is amended to add: Limits of Insurance provided to the Additional Insured will be the lesser of: a. Limits required by the written contract; or b. Limits available under the applicable Limits of Insurance. B. Primary and Non-Contributing When a written contract signed prior to an “event” requires, for Limits of Insurance greater than “underlying limits,” that this insurance is primary to and will not seek contribution from any other insurance available to the Additional Insured, this insurance will apply in this manner provided that: 1. the Additional Insured is a Named Insured under such other insurance; and 2. all “underlying insurance” applies in the same manner. C. Waiver of Subrogation When a written contract signed prior to an “event” requires, for Limits of Insurance greater than “underlying limits,” that we waive our rights of recovery against the Additional Insured, then, to the extent required by the contract, the following is added to SECTION IV – CONDITIONS: Waiver of Rights of Recovery We waive any right of recovery we may have against the Additional Insured because of any payment we make under this policy. Such waiver by us applies only to the extent that you have waived your right of recovery prior to the “event” causing the “injury or damage.” CXS 00 01 11 20 Contains copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 3 Commercial Excess Liability VARIOUS PROVISIONS OF THIS POLICY RESTRICT COVERAGE. READ THE ENTIRE POLICY CAREFULLY TO DETERMINE RIGHTS, DUTIES AND WHAT IS AND IS NOT COVERED. Throughout the policy, the words “you” and “your” refer to the Named Insured shown in the Declarations. The words “we,” “us,” and “our” refer to the company providing this insurance. The word “insured” means any other person or organization qualifying as such in SECTION II – WHO IS AN INSURED. Other words and phrases that appear in quotation marks in this policy have the meanings given them in SECTION V – DEFINITIONS. Unless contradicted in this policy, words and phrases defined by “controlling underlying insurance” have the meanings given them in “controlling underlying insurance.” – SECTION I COVERAGE 1. Insuring Agreement We will pay on behalf of the insured and in excess of “underlying limits” those sums the insured becomes legally obligated to pay as damages because of “injury or damage” to which this insurance applies. Except as otherwise stated in this policy, this insurance follows the same provisions, exclusions and limitations of the “controlling underlying insurance” in effect at the inception date of that policy. This insurance will not be broader than “controlling underlying insurance.” This insurance only applies if: a. the “injury or damage” is caused by an “event” in the coverage territory; b. the “injury or damage” first occurs during the policy period; and c. “controlling underlying insurance” applies to the “injury or damage” and is exhausted by the payment of, or agreement to pay, judgments or settlements to which this insurance also applies. The amount we will pay is limited as described in SECTION III – LIMITS OF INSURANCE. 2. Defense When there is a reasonable expectation that this insurance may be involved in a loss, we may investigate any claim, defend any suit, or associate with any insured or insurer. We may settle any claim at our discretion. We have no duty to investigate claims or defend suits until the expressed and unlimited obligation of all “underlying insurance” terminates because of the exhaustion of “underlying limits” by payment of, or agreement to pay, judgments or settlements. “Defense expenses” will not reduce our limit unless such expenses also reduce “underlying limits.” Any duty to defend that we may have ends when we pay or agree to pay our applicable limit. 3. Exclusions Exclusions applicable to “controlling underlying insurance” also apply to this insurance. Even when “controlling underlying insurance” applies, this insurance does not apply to: a. Asbestos “Injury or damage” arising out of the actual, alleged or threatened exposure to “asbestos” or any goods or products containing “asbestos;” b. Law Any liability that is or would be imposed under: 1) The Employment Retirement Income Securities Act of 1974 or any amendments thereto, or any similar law; 2) Medical payments, no-fault, personal injury protection or any similar law; 3) Uninsured or underinsured motorist or any similar law; or 4) Workers compensation, disability benefits, unemployment compensation or similar law; c. Sub-limits “Injury or damage” to which “underlying insurance” applies but at amounts less than “underlying limits.” CXS 00 01 11 20 Contains copyrighted material of Insurance Services Office, Inc. with its permission. Page 2 of 3 – SECTION II WHO IS AN INSURED 1. You are an insured. 2. Any other person or organization who is an insured on “controlling underlying insurance” is an insured on this policy. However, no one is an insured for broader coverage than that provided by “controlling underlying insurance.” – SECTION III LIMITS OF INSURANCE The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of insureds, claims made, suits brought, or persons or organizations making claims or bringing suits. 1. Aggregate The Aggregate Limit shown in the Declarations is the most we will pay for the sum of all damages to which this insurance applies except “injury or damage” arising out of the ownership, maintenance, operation or use, including loading or unloading, of an automobile when such damages are not subject to an Aggregate on “controlling underlying insurance.” When all “underlying policies” apply a separate Aggregate Limit to damages because of bodily injury or property damage included in a products-completed operations hazard, the Aggregate Limit will apply in the same manner. 2. Each Event Subject to the Aggregate Limit described above, the Each Event Limit shown in the Declarations is the most we will pay for the sum of all damages because of “injury or damage” arising out of any one “event.” 3. Anti-Stacking If this policy and any previous or subsequent policy we issued to you apply to “injury or damage” from the same “event,” the policy with the highest Limits of Insurance will be the only one to apply. This provision does not apply to any policy we may have issued as excess to this insurance. SECTION IV - CONDITIONS Conditions applicable to “controlling underlying insurance” also apply to this insurance unless contradicted by the following: 1. Bankruptcy Bankruptcy of the insured or any insurer providing “underlying insurance” will not change your or our obligations under this policy. 2. Cancellation The first Named Insured may cancel this policy for any reason by returning the policy to us or the Producer shown in the Declarations. We may cancel this policy by providing the first Named Insured written notice: a. 10 days in advance if we cancel for non-payment of premium; or b. 30 days in advance if we cancel for any other reason. If we cancel, the return premium amount will be calculated on a pro rata basis. If you cancel, the return premium amount, subject to the Minimum Earned Premium shown in the Declarations, will be less than pro rata. Proof of Mailing will be proof of notice. 3. Duties in the Event of a Claim, Event or Suit You must see to it that we are notified in writing as soon as possible of any claim, “event” or suit that may be reasonably expected to involve this insurance. You and any other involved insured have the same duties to us that you have to “controlling underlying insurance.” CXS 00 01 11 20 Contains copyrighted material of Insurance Services Office, Inc. with its permission. Page 3 of 3 4. Maintenance of Underlying You must immediately notify us of any cancellation, non-renewal or change to “underlying insurance” that broadens the coverage. We will not follow such changes unless and until an endorsement is issued and you have paid the premium due to us. You must immediately notify us of any reduction of “underlying limits.” Reduction of “underlying limits” by the payment of judgments, settlements or defense expenses, to which this insurance applies, will not be considered a failure to comply with this condition. Should you fail to comply with this condition, we will only be liable to the extent we would have been liable had you complied. 5. Non-Renewal If we decide not to renew this policy, we will provide advance notice of that decision, in the manner and timeframe required by applicable statute or regulation, to the first Named Insured. Proof of mailing will be proof of notice. 6. Other Insurance This insurance is excess of any other valid and collectible insurance available to the insured except insurance purchased specifically to apply in excess of this insurance. 7. Payment of Damages When the amount of damages has been determined by judgment or settlement with which we agree and all “underlying insurance” policies have paid, or agreed to pay, their full limits of insurance we will pay, up to our Limits of Insurance, our share of the damages. 8. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned to the first Named Insured, this insurance applies: a. as if each Named Insured were the only Named Insured; and b. separately to each insured against whom claim is made or suit is brought. – SECTION V DEFINITIONS Words and phrases defined by “controlling underlying insurance” have the meanings given them in “controlling underlying insurance” unless contradicted by the following: 1. “Asbestos” means the mineral in any form. 2. “Controlling underlying insurance” means the policy or policies shown in the Declarations as such that apply to the “injury or damage.” 3. “Defense expenses” means amounts we pay to investigate claims or defend suits. 4. "Event" means an occurrence, offense, accident, act, or other “injury or damage” causing event, defined by and to which the "controlling underlying insurance" applies. 5. “Injury or damage” means any bodily injury, property damage, personal and advertising injury, or other injury or damage defined by and to which the "controlling underlying insurance" applies. 6. “Underlying insurance” means the “controlling underlying insurance” policy or policies and any other insurance underlying to or in excess of the “controlling underlying insurance.” 7. “Underlying limits” means the amounts shown in the Declarations that must be paid by “underlying insurance” policies before we pay anything. “Underlying limits” are not reduced by damages to which this insurance does not apply. Includes copyrighted material of97837 (4/08) Insurance Services Office, Inc., with its permission All other terms and conditions remain unchanged. CXS 20 50 08 21 Contains copyrighted material of the Insurance Services Office, Inc. with its permission. Page 1 of 1 Contractors Endorsement Blanket Additional Insured - Non-Contributing - Waiver of Subrogation A. Additional Insureds When a written contract, signed prior to an “event” requires that you provide Additional Insured coverage with Limits of Insurance greater than “underlying limits” and “controlling underlying insurance” provides such coverage: 1. SECTION II – WHO IS AN INSURED is amended to include the Additional Insured as an insured for the lesser of: a. Coverage required by the written contract; or b. Coverage provided by this insurance or “controlling underlying insurance”; 2. As respects the coverage provided by this endorsement, SECTION III – LIMITS OF INSURANCE is amended to add: Limits of Insurance provided to the Additional Insured will be the lesser of: a. Limits required by the written contract; or b. Limits available under the applicable Limits of Insurance. B. Primary and Non-Contributing When a written contract signed prior to an “event” requires, for Limits of Insurance greater than “underlying limits,” that this insurance is primary to and will not seek contribution from any other insurance available to the Additional Insured, this insurance will apply in this manner provided that: 1. the Additional Insured is a Named Insured under such other insurance; and 2. all “underlying insurance” applies in the same manner. C. Waiver of Subrogation When a written contract signed prior to an “event” requires, for Limits of Insurance greater than “underlying limits,” that this insurance waive rights of recovery against the Additional Insured, to the extent required by the contract the following is added to SECTION IV – CONDITIONS: Transfer of Rights of Recovery We waive any right of recovery we may have against the Additional Insured because of any payment we make under this policy. Such waiver by us applies only to the extent that you have waived your right of recovery prior to loss.