HomeMy WebLinkAboutTUP2022-3164CNA PARAMOUNT
Renewal Effective Date:08/13/2022
Insured Name:
MCMILLAN JAMES EQUIPMENT COMPANY
1044 TEXAN TRL
GRAPEVINE,TX 76051-3703
Policy Number:4032877971 Policy Period:08/13/2022 –08/13/2023
Producer's Information:
TEXAS AGENCY ALLIANCE,INC.Producer Code:055419
1548 N 1ST
PO BOX 1400 (79604)
ABILENE,TX 79601
(325)673-6414
CNA Branch Number:040
CNA Branch Name and Address:
DALLAS BRANCH
700 N.PEARL ST.,STE.300
DALLAS,TX 75201
(214)220-1300
Thank you for choosing CNA!
packageWithyourCNAParamount policy,you have insurance coverage tailored to meet the needs of your modern
business.The international network of insurance professionals and the financial strength of CNA,rated “A”by A.M.Best,
provide the resources to help you manage the daily risks of your organization so that you may focus on what’s most
important to you.
Claim Services —There When You Need Us
Claims are reported through a single point of entry available 24/7,connecting you to the individuals and information to help
you resume your business when you need it most.
877-CNA-ASAP (800)953-7389Toreportaclaim,please call ,fax ,
lossreport@cnaasap.com www.cna.com/claimemail,or visit .
Risk Control Services —Help Avoid A Claim Before It Occurs
As a CNA policyholder,you have access to certified risk control professionals,risk mitigation programs and online
resources to help identify and manage exposures that may disrupt your operation.We collaborate with business leaders to
develop customized programs to assist you in safeguarding your assets and improving the bottom line.
To learn how our award-winning Risk Control services can help your business,please call (866)262-0540,email us at
riskcontrolwebinfo@cna.com or visit www.cna.com/riskcontrol.
When it comes to providing the coverage,service and resources paramount to your business success …we can show
you more.
INSURED
Copyright CNA All Rights Reserved.
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CNA PARAMOUNT
Policy Holder Notice -Notice of Terrorism Coverage -
Disclosure of Premium
IMPORTANT INFORMATION
NOTICE –OFFER OF TERRORISM COVERAGE
NOTICE –DISCLOSURE OF PREMIUM
Solely with respect to the following coverage parts:
Business Property
General Liability
THIS NOTICE DOES NOT FORM A PART OF THE POLICY,GRANT ANY COVERAGE OR CHANGE THE TERMS
AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY.
The Named Insured is hereby notified that under the Terrorism Risk Insurance Act,as extended and reauthorized ("Act"),
the Named Insured has a right to purchase insurance coverage of losses arising out of acts of terrorism,as defined in
Section 102(1)of the Act,subject to all applicable policy provisions.The Terrorism Risk Insurance Act established a
federal program within the Department of the Treasury,under which the federal government shares,with the insurance
industry,the risk of loss from future terrorist attacks.
This Notice is designed to alert the Named Insured to coverage restrictions and to certain terrorism provisions in the
policy.If there is any conflict between this Notice and the policy (including its endorsements),the provisions of the policy
(including its endorsements)apply.
CHANGE IN THE DEFINITION OF A CERTIFIED ACT OF TERRORISM
The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an act of terrorism.
Originally,the Act provided that to be certified,an act of terrorism must cause losses of at least five million dollars and
must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to
coerce the government or population of the United States.However,the 2007 re-authorization of the Act removed the
requirement that the act of terrorism must be committed by or on behalf of a foreign interest,and now certified acts of
terrorism may encompass,for example,a terrorist act committed against the United States government by a United States
citizen,when the act is determined by the federal government to be "a certified act of terrorism."
In accordance with the Act,the Insurer is required to offer the Named Insured the ability to purchase coverage for losses
resulting from an act of terrorism that is certified under the federal program.The other provisions of this policy,including
nuclear,war or military action exclusions,will still apply to such an act.
DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES
The Department of the Treasury will pay a share of terrorism losses insured under the federal program.Beginning in 2020,
the federal share equals 80%of that portion of the amount of such insured losses that exceeds the applicable insurer
retention.
LIMITATION ON PAYMENT OF TERRORISM LOSSES
CNA62820XX 1-21 Page 1 of 2CopyrightCNAAllRightsReserved.
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Policy Holder Notice -Notice of Terrorism Coverage -
Disclosure of Premium
If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100
billion in a Program Year (January 1 through December 31),the Treasury shall not make any payment for any portion of
the amount of such losses that exceeds $100 billion.
Further,this coverage is subject to a limit on the Insurer's liability pursuant to the federal law where,if aggregate insured
losses attributable to terrorist acts certified under the Act exceed $100 billion in a calendar year (January 1 through
December 31)and the Insurer has met its insurer deductible under the Act,the Insurer shall not be liable for the payment
of any portion of the amount of such losses that exceeds $100 billion.In such case,insured losses up to that amount are
subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury.
CONFIRMATION OF ACCEPTANCE OF COVERAGE
In accordance with the Act,the Insurer offered the Named Insured coverage for losses resulting from an act of terrorism
that is certified under the federal program.This notice confirms that the Named Insured has chosen to accept the
Insurer's offer of coverage for certified acts of terrorism.The policy's other provisions,including nuclear,war or military
action exclusions,will still apply to such an act.The premium charge for terrorism coverage is shown separately on the
Declarations.
CNA62820XX 1-21 Page 2 of 2CopyrightCNAAllRightsReserved.
CNA PARAMOUNT
Policyholder Notice –Countrywide
IMPORTANT INFORMATION
REQUEST FOR JURISDICTIONAL
INSPECTION OF PRESSURE EQUIPMENT
Many states and some cities issue certificates permitting the continued operation of certain equipment such as boilers,
water heaters and pressure vessels.Periodic inspections are required to renew these certificates.In most jurisdictions,as
part of an equipment breakdown policy,insurance company employees who have been licensed are authorized to perform
these inspections.
If:
•You own/operate pressure equipment that requires a certificate from a state,county,city or parish to operate
legally,and
•We insure that equipment under this Policy,and
•You would like CNA to perform the next required inspection:
Then:
Complete the form on page 2 and email,mail or fax as instructed:
No need to call or respond if you do not have boilers or pressure vessels that require operating certificates.
BY EMAIL:EBinspections@cna.com (please scan the completed form and attach)
BY MAIL:BY FAX:609-524-3649
CNA Equipment Breakdown Risk Control
184 Liberty Corner Road
th4 Floor,Suite 402
Warren,NJ 07059 BY PHONE:call 866-262-0540 –press "4"
Questions or inquiries can be made via any of the above methods of communication.
Please note the following:
•Your jurisdiction(s)may charge you a fee for renewing a certificate.It is your responsibility to pay such a fee.
•If CNA is required to pay the fee on your behalf,CNA will invoice you to recover that fee.
•All the provisions of the INSPECTION AND SURVEYS condition apply to the inspections described in this notice.
Failure to notify us can result in fines and penalties being issued to the equipment owner by the governing
jurisdiction.CNA is not responsible for said fines or penalties.
REMINDER
If new equipment is installed or old equipment replaced that requires a jurisdictional inspection,please let us know by
transmitting the new information to the postal address/fax number/email address listed above and on the following page.
If this is a renewal and information (locations)has not changed,please disregard this notice.
If inspection and maintenance are outside of your area of responsibility,we would appreciate your forwarding this notice to
the appropriate person.If no response is received,we are assuming there are no jurisdictional objects at your
location(s)and no inspections are required.
Note:Jurisdictional inspections are not conducted outside of the United States,its territories,possessions,or
Canada.
CNA62823XX (07-2017)Page 1 of 2CopyrightCNAAllRightsReserved.
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CNA PARAMOUNT
Policyholder Notice –Countrywide
REQUEST FOR JURISDICTIONAL INSPECTION
Insured Name:
Facility/Location Name:
Policy Number:Policy Term:
Contact Person &Title:
Contact Phone Number(s)—Office:Cell:
Contact Email Address:
1LocationAddress City State Zip
1.
2.
3.
2,3,4EquipmentType Registration Certificate Expiration
Number Date
(Boiler,Pressure Vessel)(State #)
Completed By (Name &Date):
Telephone #/Email Address:
BY EMAIL:EBinspections@cna.com (please scan the completed form and attach)
BY MAIL:BY FAX:609-524-3649
CNA Equipment Breakdown Risk Control
184 Liberty Corner Road
th4 Floor,Suite 402
Warren,NJ 07059 BY PHONE:call 866-262-0540 –press "4"
1If multiple objects and/or multiple locations,please list all required information on separate page(s).
2Boiler is defined as an enclosed vessel heated by fuel or electricity to produce steam or hot water.
3Pressure Vessel is defined as an enclosed vessel (tank)greater than 6 cubic feet (18 inches x 40 inches)to store liquid
or gas under pressure for use when needed.
4LPG (ex:propane,propylene,butane &butylenes)Tank with vapor pressures not exceeding that allowed for commercial
propane.California requirement only.
CNA62823XX (07-2017)Page 2 of 2CopyrightCNAAllRightsReserved.
CNA PARAMOUNT
Policy Holder Notice –Texas
IMPORTANT INFORMATION
FOR OUR TEXAS COMMERCIAL LINES POLICYHOLDERS
Your policy premium includes a surcharge to reflect the Texas Volunteer Fire Department Assistance Fund Assessment.
This annual assessment,which funds the Texas Rural Volunteer Fire Department Assistance Program created by the
Texas Legislature,helps volunteer fire departments across the state with equipment and training.
The amount of the assessment is set by the Texas Comptroller each fiscal year in accordance with Title 34,Part 1,
Chapter 3,Subchapter GG,Rule §3.834 of the Texas Administrative Code.
The following policy types are included in the annual assessment:
•Fire and Allied Lines
•Commercial Multiple Peril (Package)policies --non-liability portions of the premium
•Commercial Automobile Physical Damage
If you have any questions about this surcharge,please contact either your CNA producer or the Texas Department of
Insurance.
CNA62854TX 07-15 Page 1 of 1CopyrightCNAAllRightsReserved.
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Policy Holder Notice –Texas
IMPORTANT INFORMATION
FOR TEXAS POLICYHOLDERS
TO OBTAIN INFORMATION OR MAKE A COMPLAINT,
YOU MAY CALL
CNA'S TOLL-FREE TELEPHONE NUMBER AT
1-800-262-1113
You may also write to CNA at:
CNA
151 N.Franklin St.
Chicago,IL 60606
ALSO
YOU MAY CONTACT
THE TEXAS DEPARTMENT OF INSURANCE
TO OBTAIN INFORMATION ON COMPANIES,COVERAGES,
RIGHTS OR COMPLAINTS AT
1-800-252-3439
YOU MAY WRITE
THE TEXAS DEPARTMENT OF INSURANCE:
P.O.BOX 149104
AUSTIN,TX 78714-9104
FAX (512)490-1007
Web:http://www.tdi.texas.gov
E-mail:ConsumerProtection@tdi.texas.gov
PREMIUM OR CLAIM DISPUTES
Should you have a dispute concerning your premium or about a claim,you should contact your agent or the company first.
If the dispute is not resolved,you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not become a part or condition of the attached document.
CNA62855TX 07-15 Page 1 of 1CopyrightCNAAllRightsReserved.
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Policy Holder Notice -
Texas Consumer Complaint Information
Have a complaint or need help?
If you have a problem with a claim or your premium,call your insurance company first.If you can't work out the issue,the
Texas Department of Insurance may be able to help.
Even if you file a complaint with the Texas Department of Insurance,you should also file a complaint or appeal through
your insurance company.If you don't,you may lose your right to appeal.
CNA Insurance Group
To get information or file a complaint with your insurance company:
Call Toll Free:1-800-262-2000
Email:CNA_help@cna.com
Mail:151 North Franklin Street Chicago,Illinois 60606
The Texas Department of Insurance
To get help with an insurance question or file a complaint with the state:
Call with a question:1-800-252-3439
File a complaint:www.tdi.texas.gov
Email:ConsumerProtection@tdi.texas.gov
Mail:MC 111-1A,P.O.Box 149091,Austin,TX 78714-9091
¿Tiene una queja o necesita ayuda?
Si tiene un problema con una reclamación o con su prima de seguro,llame primero a su compañía de seguros.Si no
puede resolver el problema,es posible que el Departamento de Seguros de Texas (Texas Department of Insurance,por
su nombre en inglés)pueda ayudar.
Aun si usted presenta una queja ante el Departamento de Seguros de Texas,también debe presentar una queja a través
del proceso de quejas o de apelaciones de su compañía de seguros.Si no lo hace,podría perder su derecho para apelar.
CNA Insurance Group
Para obtener información o para presentar una queja ante su compañía de seguros:
Teléfono gratuito:1-800-262-2000
Correo electrónico:CNA_help@cna.com
Dirección postal:151 North Franklin Street Chicago,Illinois 60606
El Departamento de Seguros de Texas
Para obtener ayuda con una pregunta relacionada con los seguros o para presentar una queja ante el estado:
Llame con sus preguntas al:1-800-252-3439
Presente una queja en:www.tdi.texas.gov
Correo electrónico:ConsumerProtection@tdi.texas.gov
Dirección postal:MC 111-1A,P.O.Box 149091,Austin,TX 78714-9091
CNA62856TX (11-19)Page 1 of 1CopyrightCNAAllRightsReserved.
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CNA PARAMOUNT
Policy Holder Notice –Countrywide
IMPORTANT INFORMATION
PREVENT UNEXPECTED PREMIUM CHARGES AT
FINAL AUDIT
GENERAL LIABILITY LIMITS WE REQUIRE FOR
SUBCONTRACTORS YOU HIRE
Please read this IMPORTANT INFORMATION notice carefully if you hire subcontractors to perform work for you.
Your General Liability insurance premiums may increase substantially at final audit if your subcontractors do not carry the
minimum General Liability insurance limits we require as defined below.
To prevent your General Liability insurance premiums from increasing at final audit,your subcontractors must carry a
General Liability policy which is written on an occurrence basis and which provides Limits of Insurance as follows:
$1,000,000 Any One Occurrence (Coverage A)
1,000,000 Any One Person or Organization (Coverage B)
1,000,000 Products/Completed Operations Aggregate
1,000,000 General Aggregate
In certain exception cases,higher Limits of Insurance than those specified above may be required.Your agent will be
notified of these exception cases in writing when they exist.
How This Requirement Can Affect Your General Liability Premium at Final Audit
At final premium audit,we will ask you to provide us with Certificates of Insurance for all subcontractors who worked for
you during the policy period,to confirm that they carried the General Liability limits of insurance we require,as stated
above.
Work you subcontract to other contractors whose General Liability limits of insurance meet the requirements shown
above,will be rated on a subcontract cost basis,which is significantly less expensive for you than treating these
subcontract costs as ratable payroll (as described below).
Any subcontractor of yours who carries General Liability limits of insurance less than those stated above,and any of your
subcontractors for whom we are not provided Certificates of Insurance will be treated as your employees for rating
purposes.The associated subcontract costs will be treated as ratable payroll on your policy resulting in an additional
premium charge at final audit.
Prevent Unexpected Premium Charges at Final Audit:
Require Evidence Of $1,000,000 General Liability Limits From All Of Your Subcontractors
To avoid additional premium charges at final audit caused by your subcontract costs being treated as ratable payroll,and
to reduce the risk of your General Liability insurance being tapped to cover claims arising out of your subcontractor's work,
we urge you to obtain Certificates of Insurance from your subcontractors,prior to their beginning work,evidencing the
General Liability limits of insurance stated above.In addition to providing coverage information for their General Liability
insurance,these Certificates of Insurance should also provide coverage information for your subcontractor's Automobile,
Worker's Compensation,and Umbrella insurance.
Please contact your agent if you have any questions regarding these requirements or if you would like help in determining
the adequacy of the insurance carried by any of your subcontractors.
CNA74722XX 01-15 Page 1 of 1CopyrightCNAAllRightsReserved.
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Policy Holder Notice -Texas
POLICY LIMITATION DISCLOSURE NOTICE
EXCLUSION –SILICA
This Disclosure Notice is not your policy.READ YOUR POLICY CAREFULLY to determine rights,duties,and what is and
is not covered.Only the provisions of your policy determine the extent of your insurance protection.
This policy contains an exclusion of coverage for claims arising out of silica.
With this endorsement,coverage is excluded for:
A.bodily injury arising,in whole or in part,out of the actual,alleged or threatened:
1.respiration;or
2.ingestion;
at any time of silica;
B.property damage arising in whole or in part out of the actual,alleged or threatened presence of silica;and
C.personal and advertising injury arising,in whole or in part,out of the actual,alleged or threatened:
1.exposure at any time to;or
2.presence at any time of;
silica.
Silica means the chemical compound silicon dioxide (SiO2)in any form,including dust which contains silicone
dioxide.
Please read this exclusion carefully.
CNA74997TX 01-15 Page 1 of 1CopyrightCNAAllRightsReserved.
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Policy Holder Notice –Texas -
Risk Control Services Available
IMPORTANT INFORMATION
RISK CONTROL SERVICES AVAILABLE TO OUR GENERAL LIABILITY POLICYHOLDERS
DOING BUSINESS IN THE STATE OF TEXAS
As your general liability insurance carrier,we encourage you to take steps to provide a safe and healthy facility and
premises for the general public.While CNA cannot assume this responsibility,we can assist you with the following
services:
1.Surveys of your premises to identify actual or potential areas of loss;
2.Recommendations based on said surveys;
3.Evaluation of your liability accident prevention program;
4.Training of supervisory personnel;
5.Consultation on Risk Control technical problems and/or questions;
6.Analysis of previous accidents;
7.Industrial Hygiene services;
8.Accident prevention materials including safety bulletins,posters and training aids.
The above services are available to our policyholders at no additional charge and shall be provided upon request directly
to the policyholder.We have professional resources available to assist you or can provide support material for your
continuing accident prevention efforts.If you would like more information on our liability safety and management
programs,please call or write
CNA Insurance Companies
Attn:Risk Control
Plaza of the Americas
700 N.Pearl Street
Dallas,Texas 75201
(866)262-0540
Again,if you have any questions or would like to discuss these services,please give us a call at the phone number listed
above.For additional resources,visit our website at www.cna.com.
CNA74999TX 10-16 Page 1 of 1CopyrightCNAAllRightsReserved.
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CNA PARAMOUNT
Policy Holder Notice –Texas
POLICY LIMITATION DISCLOSURE NOTICE
EXCLUSION –SUBSIDENCE
This Disclosure Notice is not your policy.READ YOUR POLICY CAREFULLY to determine rights,duties,and what is and
is not covered.Only the provisions of your policy determine the extent of your insurance protection.
This policy contains an exclusion of coverage for claims arising out of the subsidence of land.
With this endorsement,coverage is excluded for:
1.In the states of California,Colorado and Nevada -property damage included in the products-completed
operations hazard arising out of the subsidence of land.This exclusion applies whether such property damage
arises solely from subsidence or from subsidence in combination with other causes,whether natural or man
made.
2.In the states,counties or parishes designated in the endorsement (other than California,Colorado or Nevada)-
property damage included in the products-completed operations hazard arising out of the subsidence of land
and which involves the construction of residential structures.This exclusion applies whether such property
damage arises solely from subsidence or from subsidence in combination with other causes,whether natural or
man made.
Please read this exclusion carefully.
CNA75085TX 01-15 Page 1 of 1CopyrightCNAAllRightsReserved.
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Policy Holder Notice –Texas
POLICY LIMITATION DISCLOSURE NOTICE
EXCLUSION –EXTERIOR FINISH SYSTEM –PRODUCTS/COMPLETED
OPERATIONS
This Disclosure Notice is not your policy.READ YOUR POLICY CAREFULLY to determine rights,duties,and what is and
is not covered.Only the provisions of your policy determine the extent of your insurance protection.
This policy contains an exclusion of coverage for liability arising out of an Exterior Finish System
With this endorsement,coverage is excluded for:
Any property damage included in the products-completed operations hazard arising out of,caused by,or attributable to,
whether in whole or in part,an exterior finish system or any part thereof,or any substantially similar system or any part
thereof,including the application or use of conditioners,primers,accessories,flashings,coatings,caulkings or sealants in
connection with such system.
Please read this exclusion carefully.
CNA75125TX 01-15 Page 1 of 1CopyrightCNAAllRightsReserved.
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CNA PARAMOUNT
Policy Holder Notice –Countrywide –
Premium Basis Used on Liability Schedules
Premium Basis Used on Liability Schedules
This policy includes one or more Liability coverages with associated Schedules of locations,coverages or classifications.
When such Schedules display an Exposure amount used to calculate premium,the Exposure amount is often followed by
an abbreviation that denotes what the Exposure amount represents (Payroll,Gross Sales,Area,etc.).Such abbreviations
are described below.
A =Area (Per 1,000 Sq.ft.)GL =Gallons (Per 1,000 Gallons)
AC =Acres (Each)GS =Grandstands/Bleacher (Each)
AD =Activity Days (Each)H =Number of Golf Holes (Each)
AN =Animals (Each)HO =Hoists (Each)
AP =Airports (Each)HQ =Headquarters (Each)
AT =Attendants (Each)K =Kennels (Each)
AU =Audited Premium (Last Year of L =Limit (Limit of Insurance for Coverage)
Manufacture -%)LD =Locations Days (Each)
B =Bodies (Each)LE =Lessees (Each)
BA =Bales (Per 1,000 Bales)LO =Locations (Each)
BD =Beds (Each)LR =Lakes/Reservoirs (Each)
BE =Beaches (Each)LW =Lawyers (Each)
BO =Boats (Each)M =Admissions (Per 1,000 Admissions)
C =Total Cost (Per $1,000 of Total Cost)ME =Members (Each)
CD =Camper Days (Each Camper Day)MH =Model Homes (Each)
CN =Contestants (Each)MI =Miles (Each)
CU =Convention Days (Each)NB =Newsboys (Each)
CW =Cost of Work (Per $1,000 of O =Operators (Each)Total Cost of Work)
OE =Operating Expenditures (Per $1,000 ofDB=Drawbridges (Each)Operating Expenditures)
DM =Dams (Each)P =Payroll (Per $1,000 of Payroll)
DW =Dwellings (Each)PD =Passenger Days (Per 1,000 Passenger
E =Each (Per Entity Described)Days)
EM =Employees (Each)PG =Picnic Grounds (Each)
ES =Solar Energy Systems (Each)PP =Parks/Playgrounds (Each)
ET =Turbines (Each)PR =Parades (Each)
EX =Exhibitions (Each)PS =Persons (Each)
F =Flat Charge (Flat Premium Charge)PU =Pupils (Each)
FG =Fairgrounds (Each)R =Receipts (Per $1,000 of Receipts)
FM =Faculty Members (Each)RG =Registrants (Each)
FP =Fishing Piers (Each)RN =Range (Each)
G =Graduates (Each)RV =Revenue (Per $1,000 of Revenue)
GA =Games (Each)
CNA75144XX 04-15 Page 1 of 2CopyrightCNAAllRightsReserved.
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CNA PARAMOUNT
Policy Holder Notice –Countrywide –
Premium Basis Used on Liability Schedules
S =Gross Sales (Per $1,000 of SP =Swimming Pools (Each)
Gross Sales)ST =Stations (Each)
SA =Classification (Total Class Specific SU =Sub 334 Premium (Premises &OperationsPremium-%)Premium -%)
SB =Sub 336 Premium (Products &Completed TE =Teams (Each)Operations Premium -%)
TO =Towers (Each)SC =Scouts (Each)
U =Unit (Per Dwelling Unit)SD =Students (Each)
VE =Vehicles (Per 1,000 Vehicles)SE =Seats (Each)
VO =Volunteers (Each)SG =Total GL Premium (General Liability
Premium -%)WC =WC Premium (Per 1,000 of Workers’
Compensation Premium)SH =Shows (Each)
Z =Zoos (Each)
SL =334/336 Premium (Premises &Operations
and Products &Completed
Operations Premium -%)
CNA75144XX 04-15 Page 2 of 2CopyrightCNAAllRightsReserved.
CNA PARAMOUNT
Policy Limitation Disclosure Notice –Asbestos Exclusion
This Disclosure Notice is not your policy.PLEASE READ YOUR POLICY CAREFULLY to determine rights,duties,and
what is and is not covered.Only the provisions of your policy determine the extent of your insurance protection.
This policy contains an exclusion relating to asbestos.As stated in the exclusion,this policy does not provide any
coverage for liability arising out of the presence of or exposure to asbestos.
CNA87139XX 10-16 Page 1 of 1CopyrightCNAAllRightsReserved.
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CNA PARAMOUNT
Policy Holder Notice —Countrywide
DENOTING DEFINED TERMS
As noted elsewhere in this Policy,terms in bold face type have the special meanings assigned to them in pertinent
Definitions sections or Glossaries.When applicable,terms in "quotation marks"shall be treated as if they were in bold
face type,and shall have the same special meanings described in the pertinent Definitions sections or Glossaries.
CNA89319XX 06-17 Page 1 of 1CopyrightCNAAllRightsReserved.
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Policy Holder Notice –Texas Flood Insurance
IMPORTANT INFORMATION
FOR OUR TEXAS POLICY HOLDERS REGARDING FLOOD INSURANCE
Flood Insurance:You may also need to consider the purchase of flood insurance.Your insurance policy does not
include coverage for damage resulting from a flood even if hurricane winds and rain caused the flood to occur.
Without separate flood insurance coverage,you may have uncovered losses caused by a flood.Please discuss
the need to purchase separate flood insurance coverage with your insurance agent or insurance company,or visit
www.floodsmart.gov.
This notice may not apply if you have purchased coverage for one or more of your properties and your policy is specifically
endorsed to cover damage resulting from flood at such property or properties.
CNA96151TX (09-19)Page 1 of 1IncludesmaterialscopyrightedbyInsuranceServicesOffice,used with their permission.
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Policy Declarations
4032877971PolicyNumber:
4032877971Renewalof:
Policy TRANSPORTATION INSURANCE COMPANYName:
Issued by:Address:151 N Franklin
CHICAGO,IL 60606
055419ProducerCode:
TEXAS AGENCY ALLIANCE,INC.Name:
Producer's 1548 N 1STAddress:
Information:PO BOX 1400 (79604)
ABILENE,TX 79601
MCMILLAN JAMES EQUIPMENT COMPANYName:1.Named Insured
and mailing
address:
Address:1044 TEXAN TRL
GRAPEVINE,TX 76051-3703
The attached to andcoverageparts2.Coverage
forming part of this PolicyParts:
Business Property
General Liability
3.Policy Period:Effective date
At 12:01 A.M.Standard Time at yourfrom:to
mailing address shown above08/13/2022 08/13/2023
4.Limits of
Insurance and
Deductibles:See DeclarationsCoveragePart
6.Forms and
Endorsements
See Schedule of Forms and EndorsementsAttachedtothis
Policy at
Issuance:
CNA62639XX 09-12 1 2Pageof
Copyright CNA All Rights Reserved.
CNA PARAMOUNT
Policy Declarations
These Declarations,along with any attached forms and endorsements shall constitute the contract between the Insureds
and the Insurer.
CNA62639XX 09-12 2 2Pageof
Copyright CNA All Rights Reserved.
CNA PARAMOUNT
Schedule of Forms and Endorsements
4032877971PolicyNumber:
CNA PARAMOUNTI.
Policyholder NoticesA.
Endm't Form Title Form Number Form
Number Edition
PHN OFFER OF TERRORISM COVERAGE-DISCLOSUR OF PREM CNA62820XX 01-21
Notice To Policyholders Jurisdictional Inspections CNA62823XX 07-17
Policy Holder Notice -Texas CNA62854TX 07-15
Policy Holder Notice -Texas CNA62855TX 07-15
Policy Holder Notice -Texas CNA62856TX 11-19
Policy Holder Notice -Countrywide CNA74722XX 01-15
Policy Holder Notice -Texas CNA74997TX 01-15
Policy Holder Notice -Texas CNA74999TX 10-16
Policy Holder Notice -Texas CNA75085TX 01-15
Policy Holder Notice -Texas CNA75125TX 01-15
Policy Holder Notice -Countrywide -Premium Basis CNA75144XX 04-15
Used on Liability Schedules
Policy Limitation Discl Notice -Asbestos Excl CNA87139XX 10-16
Policy Holder Notice -Countrywide CNA89319XX 06-17
POLICY HOLDER NOTICE -FLOOD INSURANCE -TEXAS CNA96151TX 09-19
Policy Terms &ConditionsB.
Policy Declarations CNA62639XX 09-12
Schedule of Forms and Endorsements CNA62640XX 09-12
Common Terms and Conditions CNA62642XX 10-15
POLICY COVERAGE PARTSII.
First Party Terms &ConditionsA.
First Party Glossary of Defined Terms CNA62641XX 10-15
First Party Terms and Conditions CNA62647XX 10-15
CNA62640XX 09-12 1 3Pageof
Copyright CNA All Rights Reserved.
CNA PARAMOUNT
Schedule of Forms and Endorsements
4032877971PolicyNumber:
Endm't Form Title Form Number Form
Number Edition
Business PropertyB.
Business Property Coverage Part Declarations CNA62643XX 09-12
Business Property Schedule of Coverages and Limits CNA62645XX 10-15
Business Property Schedule of Locations CNA62644XX 10-15
1 Loss Payee or Mortgagee Schedule CNA62728XX 10-15
Business Property Coverage Part CNA62648XX 10-15
2 Flood Redefinition Endorsement CNA81069XX 10-15
3 Communicable Disease Exclusion Endorsement CNA98526XX 05-20
General LiabilityF.
General Liability Coverage Part Declarations CNA74694XX 01-15
Additional Declarations -General Liability CNA75126XX 01-15
Schedule of Locations and Coverages
Commercial General Liability Coverage Part CG0001 04-13
4 General Liability Extension Endorsement CNA74879XX 01-15
5 General Aggregate Limit -Designated Projects CNA74826XX 01-15
Endorsement
6 Additional Insured -Your Work Endorsement CNA75076XX 01-15
7 Pollution Exclusion Amendatory Endorsement CNA74843XX 01-15
8 Subsidence Exclusion (CA,CO,NV)and Subsidence CNA74682XX 01-15
Residential Exclusion (All Other States)
Endorsement
9 Silica Exclusion Endorsement CNA74687XX 01-15
10 Fungi /Mold /Mildew /Yeast /Microbe Exclusion CNA74708XX 01-15
Endorsement
11 Employment-Related Practices Exclusion Endorsement CNA74761TX 01-15
-Texas
12 Contractors -Professional Liability Exclusion CNA74801XX 01-15
Endorsement
CNA62640XX 09-12 2 3Pageof
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Schedule of Forms and Endorsements
4032877971PolicyNumber:
Endm't Form Title Form Number Form
Number Edition
13 Residential Construction Defect Products/Completed CNA74862XX 01-15
Operations Exclusion Endorsement
14 Construction Wrap-Up Program Exclusion Endorsement CNA74863XX 01-15
15 Exterior Finish System Products/Completed CNA74892XX 01-15
Operations Property Damage Exclusion Endorsement
16 Exclusion -Access or Disclosure of Confidential CNA75089XX 01-15
or Personal Information and Data-Related Liability
-with Limited Bodily Injury Exception Endorsement
17 Amendment -Infringement of Copyright,Patent,CNA75116XX 01-15
Trademark Trade Secret or Other Intellectual
Property Rights or Laws Endorsement
POLICY ENDORSEMENTSIII.
18 Amendment to Policy Declarations-Named Insured CNA62700XX 09-12
Endorsement
19 Bridge Endorsement CNA62646XX 01-15
20 Cancellation /Non-Renewal -Texas CNA62814TX 01-20
21 Amendatory Endorsement -Texas CNA62815TX 10-15
22 Changes -Notice of Cancellation or Material CNA74702XX 01-15
Restriction Endorsement
23 Calculation of Premium Endorsement CNA74726XX 01-15
24 Experience Rating Modification Endorsement -Texas CNA74898TX 01-15
25 Duties Endorsement -Texas CNA74904TX 01-15
26 Asbestos Exclusion Endorsement CNA74719XX 01-15
27 Nuclear Energy Liability Exclusion Endorsement CNA74727XX 01-15
(Broad Form)
28 Cap on Losses from Certified Acts of Terrorism CNA81503XX 02-15
Endorsement
CNA62640XX 09-12 3 3Pageof
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CNA PARAMOUNT
Common Terms and Conditions
The Insurer and the Named Insured,in consideration of the payment of the premium and in reliance upon all statements
made in the application furnished to the Insurer designated in the Policy Declarations,a stock insurance corporation,
hereafter called the “Insurer,”agree as follows.Terms in bold face type have special meaning as set forth in any
applicable First Party Glossary of Defined Terms or the applicable coverage parts of this Policy.All headings are also
in bold,whether or not they contain defined terms.See Section XVI,HEADINGS below.
I.ASSIGNMENT OF INTEREST
Assignment of interest under this Policy shall not bind the Insurer unless its consent is endorsed to this Policy except
in the case of death of a natural person Named Insured.
II.BANKRUPTCY
Bankruptcy or insolvency of any Named Insured or of the Named Insured’s estate shall not relieve the Insurer of any
of its obligations hereunder.
III.CANCELLATION/NONRENEWAL
A.Insurer’s Right to Cancel
The Insurer may cancel this policy by providing to the First Named Insured written notice of such cancellation
stating when,not less than 10 days thereafter,such cancellation shall be effective if such cancellation is due to
non-payment of premium.If cancellation is due to any other reason,such notice shall be provided not less than
60 days thereafter.
B.Named Insured’s Right to Cancel
The First Named Insured may cancel this Policy by providing the Insurer written notice stating when thereafter
such cancellation shall be effective.The mailing or delivery of such notice shall be sufficient.
C.Premium Refund
If this policy is cancelled,the Insurer will send the First Named Insured any premium refund due.If the Insurer
cancels,the refund will be pro rata.If the First Named Insured cancels,the refund may be less than pro rata.
The cancellation will be effective even if the Insurer has not made or offered a refund.
D.Nonrenewal
If the Insurer decides not to offer any renewal terms for this Policy,the Insurer shall provide written notice to the
Named Insured at least 60 days prior to the Policy expiration date.The notice shall include the reason for such
non-renewal.
E.Notices
If any notice required under this Section is mailed,proof of mailing will be sufficient proof of notice.
IV.CHANGES
Notice to or knowledge possessed by any agent or other person acting on behalf of the Insurer shall not effect a
waiver or a change in any part of this Policy or stop the Insurer from asserting any right under the provisions of this
Policy,nor shall the provisions be waived or changed except by written endorsement issued to form a part of this
Policy.
V.CONFORMITY TO STATUTE
Terms of these conditions or any coverage part that are in conflict with the statutes of the state in which this policy is
issued are hereby amended to conform to such statutes.
CNA62642XX 10-15 Page 1 of 3
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Common Terms and Conditions
VI.COORDINATION AMONG COVERAGE PARTS
Subject always to the applicable Limit of Liability,should two or more coverage parts apply to the same loss,the
Insurer will not pay more than the Named Insured’s actual loss.
VII.COVERAGE PART TERMS AND CONDITIONS
The terms and conditions of each coverage part apply only to that coverage part and shall not apply to any other
coverage part.If any provision in the Common Terms and Conditions is inconsistent or in conflict with the terms
and conditions of any coverage part,the terms and conditions of such coverage part shall control for purposes of
that coverage part.
VIII.CURRENCY
All premiums,limits,deductibles and other amounts stated or payable under this Policy are expressed and payable in
the currency of the United States of America.If any payments due under this Policy are stated or incurred in a
currency other than United States of America dollars,payment under this Policy will be made in United States of
America dollars,at the rate of exchange published in The Wall Street Journal on the date the Insurer’s obligation to
pay such amount is established (or,if not published on such date,the next publication date of The Wall Street
Journal).
IX.ENTIRE AGREEMENT
The Named Insureds agree that this Policy constitutes the entire contract existing between them and the Insurer or
any of its agents relating to this insurance.
X.EXAMINATION OF THE INSURED’S BOOKS AND RECORDS
The Insurer may examine and audit any Named Insured’s books and records as they relate to this Policy at any time
during the policy period and up to 3 years afterward.
XI.INSPECTIONS AND SURVEYS
The Insurer has the right but not the obligation to:
A.make inspections and surveys at any time;
B.provide reports on the conditions it finds;
C.recommend changes;or
D.conduct loss control and prevention activity.
Any inspections,surveys,reports,or recommendations relate only to insurability and the premiums to be charged.
The Insurer does not:
1.make safety inspections;
2.undertake to perform the duty of any entity to provide for the health or safety of workers or the public;
3.warrant that conditions are safe or healthful or comply with laws,regulations,codes or standards.
XII.LIBERALIZATION
If the Insurer adopts any revision that would broaden the coverage under this Policy without additional premium within
60 days prior to or during the policy period,the broadened coverage will immediately apply to this Policy.
CNA62642XX 10-15 Page 2 of 3
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Common Terms and Conditions
XIII.NAMED INSURED AUTHORIZATION AND NOTICES
The First Named Insured agrees that it will act on behalf of all Named Insureds with respect to the giving of all
notices to the Insurer,the receipt of notices from the Insurer,the payment of the premiums,the receipt of any return
premiums that may become due under this Policy,and the acceptance of endorsements.
Any notices required under the CANCELLATION /NON-RENEWAL sections of this Policy shall be provided to the
First Named Insured at the last known address and to its insurance agent or broker.If notice is mailed,proof of
mailing will be sufficient proof of notice.
XIV.NO SUIT AGAINST INSURER
A.No suit shall be brought under this Policy by anyone other than the Named Insured.The Named Insured may
not bring any such suit,action or legal proceeding unless,as a condition precedent,there shall have been full
compliance with all the provisions of this Policy and:
1.with respect to any property coverage part,the action is brought within 3 years after the date on which the
loss or damage occurred or,with respect to any crime coverage,the date the loss was discovered;
2.with respect to any third party coverage part,the amount of the Named Insured's obligation to pay shall
have been finally determined either by final and nonappealable judgment against the Named Insured after
trial or by written agreement of the Named Insured,the claimant and the Insurer.
However,if any law prohibits such time limitation then the limitation is amended to equal the minimum time
limitation required by such law.
B.No person or organization shall have any right under this Policy to join the Insurer as a party to any suit against
the Named Insured to determine the Named Insured's liability,nor shall the Insurer be impleaded by the Named
Insured or their legal representatives in any such suit.
XV.TRADE AND ECONOMIC SANCTIONS
This Policy does not provide coverage for any Named Insured,transactions,or any loss that is uninsurable under the
laws or regulations of the United States concerning trade or economic sanctions.
XVI.HEADINGS
The descriptions in the headings of this Policy are solely for convenience,and form no part of the terms and
conditions of coverage.
IN WITNESS WHEREOF,the Insurer has caused this Policy to be signed by its Chairman and Secretary at Chicago,
Illinois,but the same shall not be binding upon the Insurer unless countersigned by a duly authorized representative of the
Insurer.
Chairman Secretary
CNA62642XX 10-15 Page 3 of 3
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First Party Glossary of Defined Terms
This First Party Glossary of Defined Terms applies to the Business Property Coverage Part and the Business Crime
Coverage Part,as applicable,and their associated forms and endorsements.For purposes of this Policy,words in bold,
whether expressed in the singular or the plural,have the meaning shown below.
Act or Decision
Act or decision means any act or decision,whether intentional or negligent,including the failure to act or decide,of
any person,group,organization or governmental body which creates or allows a result which is unexpected,
inadequate,defective,faulty or otherwise unsuitable for the intended purpose.
Actual Cash Value
Actual cash value means the replacement cost with deduction for depreciation,deterioration and obsolescence
which amount is computed as of the time and at the place of loss or damage.
Alteration
Alteration means the material modification of an original document by a person acting without authority and with the
intent to deceive.Alteration does not include the electronic or manual insertion of any personal identification code,
including personal identification numbers or password or a counterfeit.
Banking Premises
Banking premises means the interior of that portion of any building occupied by a financial institution.
Bonus Payment
Bonus payment means the unamortized amount,other than rent or security,which the Named Insured paid to
acquire the Named Insured's lease and that will not be refunded to the Named Insured.
Building
Building means a building or structure,including completed additions,additions under construction and alterations
and repairs to such building or structure that the Named Insured owns,occupies or is legally or contractually required
to insure.
Business Income
Business income means net income,including rental value,plus continuing operating expenses.Business
income does not include research and development business income.
Client
Client means a third party for whom the Named Insured performs specified professional services for a fee.
Computer Fraud
Computer fraud means theft of money,securities and other property following and directly related to the use of
any computer to fraudulently cause a transfer of that property to a person who is not an employee or to an account of
any financial institution not controlled by the Named Insured.
CNA62641XX 10-15 Page 1 of 21
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CNA PARAMOUNT
First Party Glossary of Defined Terms
Contaminants or Pollutants
Contaminants or pollutants mean any solid,liquid,gaseous or thermal irritant or contaminant,including smoke,
vapor,soot,fumes,acids,alkalis,chemicals and waste.Waste includes materials to be recycled,reconditioned or
reclaimed.
Continuing Operating Expenses
Continuing operating expenses means:
A.the Named Insured’s normal operating expenses including any reasonable and necessary payroll;plus
B.charges that are the unsatisfied legal obligation of the Named Insured’s tenants and for which the Named
Insured is now obligated.
Continuing operating expenses does not include extra expense,expediting expense or research and
development project continuing expenses.
Counterfeit
Counterfeit means a written imitation of an actual valid original document that is intended to deceive and to be
taken as the original document.
Coverage Part
Coverage part means the Business Property Coverage Part and Business Crime Coverage Part,as applicable.
Coverage Territory
Coverage territory means the United States of America,its territories or possessions,Canada,or Puerto Rico.
Coverage territory does not include any waterborne shipment to or from Alaska,Puerto Rico,Hawaii or territories or
possessions of the United States of America.
Covered Equipment
Covered equipment means any boiler,fired or unfired vessel,refrigerating or air conditioning system,piping and its
accessory equipment,and any mechanical or electrical machine or apparatus used for the generation,transmission,
or utilization of mechanical or electrical power.
Covered Instruments
Covered instruments means written checks,drafts,promissory notes or similar written promises,orders or
directions to pay a sum certain in money,and also includes written instruments required in conjunction with any
credit,debit or charge card issued to the Named Insured or to any employee for business purposes,or issued to any
proprietor,partner,member or officer of the Named Insured for personal use.
Covered Peril
Covered peril means a fortuitous cause or event,not otherwise excluded,which occurs during this policy period.
Covered peril does not include:
1.a fortuitous cause or event,whether or not excluded,which actually occurred prior to the policy period,
regardless of the date on which it first becomes manifest or is first discovered;or
2.damage from unknown causes or events.
CNA62641XX 10-15 Page 2 of 21
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First Party Glossary of Defined Terms
Covered Property
Covered property means the property that is insured for loss or damage under the Business Property Coverage
Part or endorsements.
Denial of Service Attack
Denial of service attack means an attack executed over one or more networks or the internet,which attack is
designed and intended to disrupt the operation of one or more networks and render the networks inaccessible to
authorized users.
Dependent Property
Dependent property means a premises that is operated by others on whom the Named Insured depends to:
A.deliver materials or services to the Named Insured or to others for the Named Insured’s account;
B.accept the Named Insured’s products or services;
C.manufacture products for delivery to the Named Insured’s customers under contract of sale;or
D.attract customers to the Named Insured’s business.
The dependent property includes the area associated with that address in which the occupant of the above premises
is legally entitled to conduct business activities and includes the area extending 1,000 feet beyond that address.
Dependent property does not include:
1.any premises operated by others on whom the Named Insured depends to deliver any:
a.power,communications or other utility services;
b.internet access or internet services;or
c.data management,network management,software management or cloud computing and storage services;or
2.any premises within any country in which the United States government has imposed sanctions,embargoes or
similar prohibitions.
Discover or Discovered
Discover or discovered means the earlier of the time when the Named Insured first:
A.becomes aware of facts which would cause a reasonable person to assume that a covered loss did or will
happen,regardless of when the act that may cause or contribute to such loss occurred,even though the exact
amount or details of loss may not be known;or
B.receives notice of an actual or potential claim in which it is alleged that the Named Insured is liable to a third
party under circumstances that,if true,would constitute a covered loss.
Earth Movement
Earth movement means earthquake or other seismic activity (including but not limited to underground magma
activity),the abrupt rising,sinking or shifting of earth (naturally occurring or man-made)or mine subsidence.However,
earth movement does not include landslide,avalanche,tsunami,sinkhole collapse or volcanic eruption.
CNA62641XX 10-15 Page 3 of 21
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CNA PARAMOUNT
First Party Glossary of Defined Terms
Electronic Data Processing Equipment
Electronic data processing equipment means:
A.a network of electronic components capable of accepting information and processing it according to a plan and
which exists primarily to generate information in tangible form or on electronic media,including climate control
and fire protective equipment used solely in connection with data processing operations;
B.telephone equipment;and
C.facsimile equipment.
Electronic data processing equipment does not include any equipment which:
1.are stock;or
2.exist primarily to control or operate machinery or equipment to produce goods in process or finished stock.
Electronic Data Processing Equipment Leasehold Values
Electronic data processing equipment leasehold values means the present value of the difference between the:
A.actual periodic lease payments for electronic data processing equipment that has incurred direct physical loss
or damage and for which the Named Insured remains liable during the unexpired term of the lease;and
B.periodic payment for the replacement of electronic data processing equipment due under the new lease,for
each remaining month of the term of the lease.
Electronic Infection
Electronic infection means the transmission of a computer virus.
Electronic Vandalism
Electronic vandalism means the willful or malicious alteration,manipulation or destruction of media,electronic data
processing equipment,research and development project property and records of accounts receivable due to
system penetration,electronic infection or a denial of service attack,including such acts committed by an
employee (including leased and temporary employees).
Employee
Employee means:
A.any natural person:
1.while in the Named Insured’s service (and for 60 days after termination of service);
2.whom the Named Insured compensates directly by salary,wages,or commissions;and
3.whom the Named Insured has the right to direct and control while performing services for the Named
Insured;
B.any natural person who is furnished to the Named Insured:
1.to substitute for a permanent employee on leave;or
2.to meet seasonal or short-term workload conditions,
while that person is subject to the Named Insured’s direction and control and performing services for the Named
Insured,excluding,however,any such person while having care and custody of the Named Insured’s property
outside the premises;
CNA62641XX 10-15 Page 4 of 21
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CNA PARAMOUNT
First Party Glossary of Defined Terms
C.any natural person leased to the Named Insured,under an agreement between the Named Insured and a labor
leasing firm,while that person is subject to the Named Insured’s direction and control and performing services
for the Named Insured;
D.any non-compensated natural person:
1.other than one who is a fund solicitor,while performing services for the Named Insured that are usual to the
duties of an employee or officer;or
2.while acting as a fund solicitor during fund raising campaigns;or
E.solely with respect to an employee benefit plan,any natural person who is required to be bonded by the
Employee Retirement Income Security Act of 1974 (ERISA),any amendments thereto and any regulations
promulgated thereunder.
Other than with respect to an employee benefit plan,employee does not include any:
1.agent,broker,factor,commission merchant,consignee,independent contractor or representative of the same
general character;or
2.manager,member,partner,proprietor,director or trustee,but solely to the extent he or she is acting in his or her
capacity as such.
Employee Benefit Plan
Employee benefit plan means an employee welfare benefit plan or an employee pension benefit plan as more fully
set forth in Title 1,Section 3 of the Employee Retirement Income Security Act of 1974 (ERISA)and any amendments
thereto and which is solely sponsored by the Named Insured.
Employee Theft
Employee theft means theft committed by an employee to the deprivation of the Named Insured or an employee
benefit plan,whether identified or not,acting alone or in collusion with others.Solely with respect to an employee
benefit plan,employee theft means all acts of fraud or dishonesty required to be bonded against by the Employee
Retirement Income Security Act of 1974 (ERISA),any amendments thereto and any regulations promulgated
thereunder.
Employee theft also includes forgery of such property by an employee.
Equipment Breakdown Peril
Equipment breakdown peril means:
A.Artificially generated electrical current,including electrical arcing,that injures or disturbs electrical devices wiring
or equipment.
B.Explosion,rupture or bursting of steam boilers,steam pipes,steam engines,stream turbines,gas turbines or
apparatus attached to and forming a part thereof,when owned,operated or controlled by the Named Insured,
except for the explosion of accumulated gases or fuel within the furnace of any fired vessel,other than gas
turbines,or within the flues or passages through which the products of combustion pass.
C.Any condition or event inside steam boilers,steam pipes,steam engines,steam turbines,gas turbines or
apparatus attached to and forming a part thereof,when owned,operated or controlled by the Named Insured;
except for explosion of accumulated gases or fuel within the furnace of any fired vessel,other than gas turbines,
or within the flues or passages through which the gases of combustion pass.
D.Any condition or event,other than an explosion,inside hot water boilers,other water heating equipment,engines
other than steam engines or pressure vessels when owned,operated or controlled by the Named Insured.
E.Mechanical or machinery breakdown,including rupture or bursting caused by centrifugal force,of property owned,
operated or controlled by the Named Insured.
CNA62641XX 10-15 Page 5 of 21
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First Party Glossary of Defined Terms
Executive Officer
Executive officer means any natural person partner,member,officer,manager (of a limited liability company),
director or trustee of the Named Insured.
Extra Expense
Extra expense means actual reasonable and necessary operating expenses the Named Insured incurs during the
period of restoration that would not have been necessary to incur if there had been no direct physical loss of or
damage to property,provided such expenses are incurred:
A.to avoid or minimize the suspension or delay of operations and to continue such operations which have been
affected by the direct physical loss or damage to the property;or
B.in an attempt to minimize the period of restoration.
Extra expense does not include:
1.research and development project continuing expenses or continuing operating expenses;
2.costs incurred to purchase merchandise as a replacement for the Named Insured's finished stock;
3.costs to repair or replace any property,or research or restore media or records of accounts receivable;or
4.amounts incurred on financing or investment activity conducted for the Named Insured's account.
Financial Institution
Financial institution means:
A.a banking,savings or thrift institution,credit union or similar depository institution;or
B.a stock brokerage firm,mutual fund,liquid assets fund or similar investment institution where the Named Insured
maintains an account.
However,financial institution does not include check cashers,currency exchangers or money remittance firms.
Fine Arts
Fine arts means paintings,etchings,pictures,tapestries,art glass windows,valuable rugs,statuary,marbles,
bronzes,antiques,porcelains,rare books,manuscripts,and similar property of rarity,historical value or artistic merit.
Finished Stock
Finished stock means manufactured goods that are in a completed state and ready for packing,shipment,
installation or sale.However,finished stock does not include manufactured goods that are held for sale at a
location of any retail outlet.
First Named Insured
First Named Insured means the person or entity first named in Item 1 of the Policy Declarations.
Fixtures
Fixtures means:
A.indoor or outdoor property fixed or attached to a building,including permanently installed machinery and
equipment;or
B.glass (including all lettering and ornamentation)forming part of the building.
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First Party Glossary of Defined Terms
Flood
Flood means a general and temporary condition of partial or complete inundation of normally dry land areas from:
A.the overflow,or the expansion beyond normal boundaries,of inland or tidal waters,including natural or man-made
lakes,reservoirs,ponds,brooks,rivers,streams,harbors,oceans or any other body of water or watercourse;
B.waves,tides or tidal waves including tsunami;
or their spray,all whether driven by wind or not,including storm surge.
Forgery
Forgery means the signing of the name of another person or organization with intent to deceive.Forgery does not
include:
A.a signature which consists in whole or in part of one's own name signed with or without authority,in any capacity
for any purpose;
B.the electronic or manual insertion of any personal identification code,including personal identification numbers or
passwords;or
C.counterfeit.
Funds Transfer Fraud
Funds transfer fraud means theft of money and securities following and directly related to the use of fraudulent
written or verbal instructions which are purported to have been made by the Named Insured,which causes an
electronic transfer of money or securities from a financial institution to:
A.an account at a financial institution not controlled by the Named Insured;or
B.a person other than an employee.
Fungi
Fungi means any form of fungus,including but not limited to,yeast,mold,mildew,rust,smut or mushroom,and
including any spores,mycotoxins,odors,or any other substances,products,or byproducts produced by,released by,
or arising out of the current or past presence of fungi.Fungi does not include any fungi intended by the Named
Insured for consumption.
Goods In Process
Goods in process mean raw stock which has undergone any aging,seasoning,mechanical or other process of
manufacture but which has not become finished stock.
Green Insured Property
Green insured property means insured property created,built or constructed following the practice of creating
buildings or materials or using processes that incorporate one or more of the following practices and are certified as
such by a government organization or a nationally or internationally recognized building industry organization or
governmental agency,such as the U.S.Green Building Council (LEED certification),ECD Energy,Environment
Canada (Green Globes)or the U.S.Department of Energy:
A.Energy Efficiency,including steps implemented to obtain an ENERGY STAR label for a building at a location or
reported unspecified location,as well as use of ENERGY STAR or equivalently rated materials,lighting
systems,HVAC equipment,appliances or electronic products (if current like kind and quality replacement is not
ENERGY STAR rated).
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B.Water Efficiency,including use of water efficient processes and wastewater technologies,as well as use of
alternative water or indoor plumbing systems that reduce water usage from any plumbing fixture.
C.Materials Efficiency,including use of sustainable and environmentally preferable construction materials,materials
management and re-cycling programs.
D.Environmental Quality,including reduction of the quantity of indoor air contaminants by use of low-emitting
products or materials.
Green insured property does not include stock,processing water,molds and dies,property in the open,personal
property of others or personal property of executive officers or employees.
Gross Leasehold Interest
Gross leasehold interest means the difference between the:
A.the current monthly rental value at the market rate of the location or the reported unspecified location the
Named Insured has leased on the date the direct physical loss or damage occurred;and
B.the actual monthly rent the Named Insured currently pays,including taxes,insurance,janitorial or other services
or fees that the Named Insured pays as part of the rent and other monthly assessments.
Installation Location
Installation location means a premises that is not owned,leased or operated by the Named Insured at which
installation property is or will be installed,constructed or serviced.
Installation Property
Installation property means personal property that has or will become a permanent part of an installation,
construction,or service project being performed for others by the Named Insured,or on the Named Insured's behalf.
Insured Property
Insured property means real property and personal property.
Location
Location means each of the locations specified in the Business Property Schedule of Locations or scheduled in
any endorsement to this Policy and includes:
A.the area associated with that address in which the Named Insured is legally entitled to conduct business
activities;and
B.the area extending 1,000 feet beyond that address.
Manager
Manager means any natural person manager or member.
Manufactured Goods
Manufactured goods means goods manufactured at a premises:
A.the Named Insured owns or operates;or
B.that the Named Insured does not own or operate,provided the Named Insured:
1.contracted for the goods to be manufactured exclusively for the Named Insured;and
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First Party Glossary of Defined Terms
2.the Named Insured is the owner or licensee of the design,patent,trademark or copyright for the goods.
Market Value
Market value means the price that property might be expected to realize if offered for sale in a fair market.
Media
Media means recorded information in any format which is an existing original or which can be duplicated or replaced
by purchasing an existing duplicate that is for sale,and including any material upon which it is inscribed,printed,
written or recorded,owned by the Named Insured or owned by others in the Named Insured's care,custody or
control.
Media does not include money,securities,stock,fine arts,records of accounts receivable or research and
development project property.
Member
Member means any person serving on the Board of Managers or equivalent executive of a Named Insured that is a
limited liability company.
Merchandise
Merchandise means:
A.goods held for sale or installation by the Named Insured which are not manufactured goods;or
B.manufactured goods which are completed and ready for packing,shipment,installation or sale at a location of
any retail outlet.
Messenger
Messenger means any of the Named Insured’s natural person members,proprietors,partners,executive officers
or employees who are duly authorized by the Named Insured to have care and custody of the property outside the
premises.
Microbes
Microbes means any:
A.non-fungal microorganism;
B.non-fungal,colony-form organism;
C.virus;or
D.bacteria.
Microbe includes any spores,mycotoxins,odors,or any other substances,products,or byproducts produced by,
released by,or arising out of the current or past presence of microbes.
Mobile Computing Device
Mobile computing device means cellular phones,laptop computers and other personal hand-held electronic devices,
including accessories for such portable computing devices used in the Named Insured's business that are owned by
the Named Insured,executive officers or employees (including leased or temporary employees).
Mobile computing device does not include any of these devices while rented or leased to others or stock.
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First Party Glossary of Defined Terms
Money
Money means:
A.currency,coins and bank notes in current use and having a face value;and
B.travelers checks,register checks and money orders held for sale to the public.
Monthly Leasehold Interest
Monthly leasehold interest means the original costs the Named Insured paid for bonus payments and prepaid
rent,divided by the number of months left in the Named Insured's lease at the time of the expenditure.
Mudslide or Mudflow
Mudslide or mudflow means a river of liquid and flowing mud on the surface of normally dry land areas as when
earth is carried by a current of water and deposited along the path of the current.
Named Insured
Named Insured means the persons or entities named as such on the Business Crime Coverage Part,Business
Property Coverage Part or Policy Declarations.
For insured property that is the subject of a Contract of Sale,Named Insured includes the Contract of Sale Loss
Payee.
Named Storm
Named storm means a tropical storm system that is declared to be named by the National Hurricane Center,World
Meteorological Organization or any similar organization,agency or body responsible for naming such weather
systems,including tropical storm spawned tornados or microbursts.
The named tropical storm begins when such organization,agency or body officially declares the storm system as a
named tropical storm and ends when that organization,agency or body officially declares the named tropical storm:
A.permanently downgraded to a tropical depression;
B.reclassified as a Post Tropical Cyclone and the maximum sustained surface wind speed (using U.S.1-minute
average)is 33 kt (38 mph or 62 km/hr)or less;or
C.reclassified as an Extra Tropical Cyclone and the maximum sustained surface wind speed (using U.S.1-minute
average)is 33 kt (38 mph or 62 km/hr)or less.
Net Income
Net Income means net profit or loss that would likely have been earned or incurred before taxes.Net income does
not include any profit that would likely have been earned as a result of an increase in the business transactions due to
favorable business conditions caused by the impact of the covered peril in the vicinity of such covered peril.
Net Leasehold Interest
Net leasehold interest means the net present value of the gross leasehold interest for each remaining month of the
term of the lease,discounted at the Prime Rate on the date the direct physical loss or damage occurs,rounded to the
nearest dollar.
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First Party Glossary of Defined Terms
Newly Acquired Location
Newly acquired location means a fixed premises the Named Insured owns,leases,rents or controls.The premises
becomes a newly acquired location on the later of:
A.the date the Named Insured obtains possession or control of the premises;or
B.the date the real property,personal property,fine arts,records of accounts receivable or media for which
the Named Insured has an insurable interest is placed at the premises.
Newly acquired location does not include:
1.a location;
2.an unspecified location;
3.a reported unspecified location;
4.an installation location;or
5.a fair,trade show or exhibition.
Occurrence
Occurrence means one event or a series of related events that contribute concurrently to or contribute in any
sequence to physical loss of or damage to property.However,with respect to:
A.the equipment breakdown peril,occurrence means all equipment breakdowns that manifest themselves at the
same time and are the result of the same cause,regardless of the number of locations or reported unspecified
locations or other premises involved.
B.a named storm,occurrence means each named storm.If a named storm is downgraded to a tropical
depression,such tropical depression shall be considered a separate occurrence.
C.theft,occurrence means all loss sustained by the Named Insured caused by:
1.any single act or series of related acts;
2.any act or acts involving one person,or a group of persons acting together;or
3.an act or event,or a series of related acts or events,not involving any identifiable person.
D.volcanic eruption,occurrence means all volcanic eruptions,explosions or effusions that occur within any 168
hour period.
E.Employee Theft Coverage or Employee Theft of Client Property Coverage,occurrence means:
1.any single act;
2.the combined total of all separate acts whether or not related;or
3.a series of acts whether or not related,
committed by an employee,acting alone or in collusion with other persons,or any group of employees acting
together,even if in collusion with other persons,during the policy period,before the policy period or both,
subject to the Loss Sustained During Prior Policy Condition under the BUSINESS CRIME COVERAGE
CONDITIONS in the First Party Terms and Conditions.
F.Forgery or Alteration Coverage,occurrence means:
1.any single act;
2.the combined total of all separate acts whether or not related;or
3.a series of acts whether or not related,
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committed by any one person acting alone or in collusion with others,or in which any such person is implicated,
involving one or more instruments,during this policy period,before this policy period or both,subject to the
Loss Sustained During Prior Policy condition under the BUSINESS CRIME COVERAGE CONDITIONS in the
First Party Terms and Conditions.
G.Money and Securities Coverage or any other coverage provided under the Business Crime Coverage Part,
occurrence means:
1.any single act,or series of related acts;
2.the combined total of all separate acts whether or not related;or
3.a series of acts whether or not related,
committed by any one person acting alone or in collusion with others,or not committed by any identifiable person,
during the policy period,before the policy period or both,subject to the Loss Sustained During Prior Policy
Condition under the BUSINESS CRIME COVERAGE CONDITIONS in the First Party Terms and Conditions.
H.Utility Supply Failure Coverage,occurrence means one event or a series of related events that contribute
concurrently to or contribute in any sequence to physical loss of or damage to property,regardless of the number
of locations or reported unspecified locations or the number of utility service providers or utility service
properties involved in the same event.
Operations
Operations means the Named Insured’s business activities occurring at the covered premises prior to the time and
date of the loss or damage,including the Named Insured’s activities as a lessor.
Operations does not include business activities as part of research and development projects.
Original Document
Original document means:
A.the first rendering or archetype and does not include photocopies or electronic transmissions even if received and
printed;or
B.for the purposes of Forgery or Alteration Coverage only,a “substitute check”,as defined in the Check Clearing for
st21 Century Act.
Other Property
Other property means any tangible property other than money and securities that has intrinsic value.
Other property does not include any property listed in the Business Crime Coverage Part as specifically not
covered.
Outdoor Trees,Shrubs,Plants or Lawns
Outdoor trees,shrubs,plants or lawns mean trees,shrubs,plants or lawns the Named Insured owns that are
located outside.
Outdoor trees,shrubs,plants or lawns does not include growing crops,standing timber,stock or trees,shrubs,
plants,grass or lawns that are part of a vegetated roof.
Period of Restoration
A.Period of restoration means the period of time that begins with:
1.the time and date that the physical loss or damage that causes suspension of operations occurs;or
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2.the date operations would have begun if such loss or damage delays the start of operations and such loss
or damage is to any of the following:
a.buildings whether complete or under construction;
b.alterations or additions to existing buildings;
c.machinery,equipment,supplies or materials that are:
(1)used in such construction,alterations or additions;
(2)incidental to the occupancy of the area intended for construction,alteration or addition;or
(3)incidental to the alteration of the occupancy of an existing building.
B.If the Named Insured resumes operations,with reasonable speed,the period of restoration ends on the earlier
of:
1.the date when the premises where the loss or damage occurred could have been physically capable of
resuming the level of operations which existed prior to the loss or damage;or
2.the date when a new permanent premises is physically capable of resuming the level of operations which
existed prior to the loss or damage,if business is resumed at a new permanent premises.
C.If the Named Insured does not resume operations,or does not resume operations with reasonable speed,
whether at a location,reported unspecified location or elsewhere,the period of restoration will end on the
date when the premises where the loss or damage occurred could have been restored to the physical size,
construction,configuration and material specifications which existed at the time of loss or damage,with no
consideration for any increased period of time:
1.which would have been required to make changes in order to repair or reconstruct the property or tear down
undamaged parts of the property,to meet the minimum requirements of an ordinance or law;or
2.which would have been necessary to make the premises physically capable of resuming the level of
operation which existed prior to the loss or damage after the completion of repairs or replacement.
D.With respect to Dependent Property Time Element Coverage under the OFF-SITE COVERAGE section in the
Business Property Coverage Part,period of restoration means the period of time that:
1.begins on the date the physical loss of or damage to property at a dependent property occurs;and
2.ends on the date when the property at that dependent property should be repaired or replaced with
reasonable speed and similar quality.
E.With respect to research and development business income,the period of restoration means the period of
time that begins with the time and date of the physical loss of or damage to research and development project
property that causes suspension of the Named Insured's research and development project and ends on the
earlier of:
1.the date such research and development project property could be recreated or restored with reasonable
speed and similar quality to the condition that existed at the time of loss or damage;or
2.365 days immediately following the date the physical loss of or damage to such research and development
project property occurred.
F.No period of restoration will be cut short by the expiration of the Policy.
Personal Property
Personal property means:
A.all property,other than real property,owned by the Named Insured and used in the Named Insured's
business,including furniture,fixtures,machinery,electronic data processing equipment and stock;
B.glass in buildings which,as a tenant,the Named Insured has a contractual responsibility to insure;
C.the Named Insured’s outdoor signs,antennas and towers and fences;
D.personal property of others;
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E.personal property of executive officers or employees;
F.property,other than real property,the Named Insured leases for use in its business and for which the Named
Insured has a contractual responsibility to insure,unless otherwise provided for under personal property of
others;
G.the value of labor,materials or services furnished or arranged by the Named Insured on personal property of
others;
H.the Named Insured’s interest in tenant’s improvements and betterments;
I.power or communication generation or transmission equipment,including transmission and distribution lines of
any type,owned,operated,controlled by or leased by the Named Insured;or
J.vehicles or self-propelled machines (including autos,aircraft or watercraft)that:
1.the Named Insured manufactures,processes or warehouses or holds for sale that are licensed for use on
public roads while at a location or reported unspecified location;
2.the Named Insured manufactures,processes or warehouses or holds for sale that are not licensed for use
on public roads while at a location or reported unspecified location;
3.are unpowered watercraft owned by the Named Insured while out of the water at a location or reported
unspecified location;or
4.are trailers owned by the Named Insured that are not licensed for use on public roads while at a location or
reported unspecified location.
Personal property does not include property not covered.
Personal Property of Executive Officers or Employees
Personal property of executive officers or employees means personal property that is owned by executive
officers or the Named Insured's employees (including leased or temporary employees)and that is usual to the
occupancy of the building.
Personal Property of Others
Personal property of others means personal property that is not owned by the Named Insured but is in the Named
Insured’s care,custody or control.
Personal property of others does not include personal property of executive officers or employees.
Policy Period
Policy period means the period of time shown on the Policy Declarations,beginning on the effective date and time
and ending on the expiration date and time,or the Policy's earlier cancellation date.
Policy Premium
Policy premium means the original premium and the fully annualized amount of any additional premiums,charged by
the Insurer for coverage provided during the policy period.
Prearranged Transfer
Prearranged transfer means an electronic transfer of money or securities which is part of a regular or scheduled
series of electronic transfers,authorized by written agreement,to a designated financial institution specifying:
A.the amount of money or securities to be transferred;and
B.account number to be credited.
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Premises
Premises means:
A.the interior of that portion of any building the Named Insured occupies in conducting the Named Insured’s
business;
B.with respect only to damage to other property,the exterior of that portion of any building the Named Insured
occupies in conducting the Named Insured’s business;or
C.with respect only to the Employee Theft of Client Property While on Client Premises Coverage under the
Business Crime Coverage Part,the interior of that portion of any building a client occupies in conducting the
client's business or the interior of a client’s owned,leased or rented residence.
Prepaid Rent
Prepaid rent means that unamortized portion of any amount of advance rent the Named Insured paid based on the
percentage of the unexpired portion of the lease that remains at the time of physical loss or damage.
Prepaid rent does not include the customary rent for a rental period or any amount refunded to the Named Insured.
Property Not Covered
Property not covered means:
A.animals unless:
1.owned by others and boarded by the Named Insured,or
2.owned by the Named Insured as stock,other than research animals,while inside of a building at a
location or reported unspecified location;
B.bulkheads,pilings,piers,wharves or docks;
C.contraband,or property in the course of illegal transportation or trade;
D.fine arts,money,securities,records of accounts receivable,media or research and development project
property;
E.vehicles or self-propelled machines (including autos,aircraft or watercraft)that are:
1.licensed for use on public roads;or
2.operated principally away from the location or reported unspecified location,
except to the extent included in Paragraph J.of the personal property definition;
F.land,naturally occurring water,air,growing crops and standing timber;
G.outdoor trees,shrubs,plants or lawns;
H.dams,dikes or retaining walls;
I.underground mines,mine shafts,caverns,open pits or quarries;or
J.any property which the Named Insured has covered under any other Policy in which such property is more
specifically described,except for the excess of the amount due under such other coverage,whether collectible or
not.
Qualifying Period
Qualifying period means the continuous period of time which must pass before the applicable coverage begins.
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Raw Stock
Raw stock means material in the state in which the Named Insured acquired it for conversion into finished stock.
Real Property
Real property means:
A.buildings and temporary or appurtenant structures of such buildings;
B.fixtures;
C.personal property that is used to maintain or service the buildings,locations or reported unspecified
locations;
D.the Named Insured’s indoor and outdoor signs;
E.materials,equipment,supplies and temporary buildings used for making additions,alterations or repairs to any
such building;
F.paved or concrete surfaces owned by the Named Insured;
G.building foundations;or
F.underground pipes,flues and drains owned by the Named Insured.
Real property does not include property not covered.
Records of Accounts Receivable
Records of accounts receivable means accounting records used by the Named Insured to document the billing and
collection of money due from the Named Insured's customers,regardless of what medium those records are
inscribed,printed,written or recorded upon.
Records of accounts receivable includes:
A.money due the Named Insured from its customers that the Named Insured is unable to collect after exerting all
reasonable effort to do so;
B.interest charges on any loan required to offset amounts the Named Insured is unable to collect pending the
Insurer’s payment of these amounts;and
C.collection expenses in excess of the Named Insured’s normal collection expenses that are made necessary by
such loss or damage,
resulting from the direct physical loss of or damage to records of accounts receivable.
Rental Value
Rental value means that portion of net income that would have been earned or incurred as rental income from tenant
occupancy of a location or reported unspecified location as furnished and equipped by the Named Insured,
including fair rental value of any portion of the location or reported unspecified location which is occupied by the
Named Insured.
Replacement Cost
Replacement cost means the cost to repair or replace covered property at the time of direct physical loss or
damage with property of comparable material and quality on the same or another site,and used for the same purpose,
without deduction for depreciation,deterioration,and obsolescence which amount is computed as of the time and at
the place of such loss or damage.If property of the same kind and quality is no longer available,the Insurer will pay to
replace it with other property of similar quality and function,including property of greater processing capacity.
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Replacement cost valuation for insured property includes the cost the Named Insured paid for non-refundable or
non-transferable extended warranties,maintenance contracts or service contracts which are still in force at the time of
loss or damage and are no longer valid as a result of loss of or damage to such insured property.
Reported Unspecified Location
Reported unspecified location means fixed premises that has been identified on a schedule submitted by the
Named Insured and on file with the Insurer,including:
A.the address of the premises and includes that area extending 1000 feet beyond that address;
B.an identification of the insured property,business income or extra expense;and
C.the value of such identified insured property,business income or extra expense.
If the Named Insured is a tenant,for purposes of time element coverage,reported unspecified locations includes
that portion of the premises not rented,or intended to be rented,to others.
Reported unspecified location does not include:
1.a location;
2.an unspecified location;
3.a fair,trade show or exhibition;
4.an installation location;or
5.a dependent property with respect to loss or damage covered by any time element coverage.
Research Animals
Research animals means laboratory animals used in the Named Insured's research and development project or
bred for sale to other medical technology or life science entities.
Research and Development Business Income
Research and development business income means:
A.net income that would have been earned or incurred had no loss or damage resulting in an interruption in the
Named Insured’s research and development project occurred,including net income resulting from:
1.lost or delayed pre-sale orders from new or current customers for a new product or an improved current
product,whose entry into the marketplace is delayed because these products were the subject of lost or
damaged research and development project property;or
2.grants,endowments and any other contract revenues,licensing fees,consulting fees,funding grants and
progress payments,including milestone contracts;plus
B.research and development project continuing expenses.
However,research and development business income does not include any amount that is otherwise payable
under this Business Property Coverage Part or that does not necessarily continue during the interruption in the
research and development project.
Research and Development Project Continuing Expenses
Research and development project continuing expenses means the Named Insured's normal continuing
operating expenses that are directly attributable to research and development projects,including any reasonable and
necessary payroll expenses,rental payments as a tenant and factory overhead.
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Research and Development Project Property
Research and development project property means the Named Insured's:
A.written,printed,electronic or inscribed documents,plans,records,formulas or other information,including any
material upon which it is inscribed,printed,written or recorded;
B.original or experimental property;
C.existing prototypes used as the model for the final version of a new product or design;or
D.undamaged property that needs to be recreated,restored or replaced due to covered loss of or damage to
property in Paragraphs A.,B.or C.,
developed or used in conjunction with any ongoing and active research and development project.
Research and development project property does not include research animals,media,plants or crops or fine
arts.
Robbery
Robbery means the unlawful taking of specified property from the care and custody of any person by one who has:
A.caused or threatened to cause that person bodily harm;or
B.committed an unlawful act witnessed by that person.
Safe Burglary
Safe burglary means the unlawful taking of:
A.property from within a locked safe or vault by a person unlawfully entering the safe or vault as evidenced by
marks of forcible entry upon its exterior;or
B.a safe or vault from inside the premises.
Securities
Securities means negotiable and non-negotiable instruments or contracts representing either money or representing
other tangible property that has intrinsic value,including:
A.tokens,tickets,revenue and other stamps (whether represented by actual stamps or unused value in a meter)in
current use;or
B.evidences of debt issued in connection with credit,debit or charge cards,which cards are not issued by the
Named Insured.
Securities does not include money.
Sinkhole Collapse
Sinkhole collapse means the sudden sinking or collapse of land into underground empty spaces created by the
action of water on limestone or dolomite provided such cavities were not man made or did not result from flood.
Specified Peril
Specified peril means:
A.aircraft or vehicles;
B.explosion,fire or leakage from fire extinguishing equipment;
C.lightning,smoke,volcanic eruption,water damage,weight of snow,ice or sleet;
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First Party Glossary of Defined Terms
D.windstorm or hail;
E.riot,civil commotion or vandalism or theft;
F.falling objects,excluding loss or damage to:
1.personal property in the open;or
2.the interior of a building,or property inside a building,unless the roof or an outside wall of the building is
first damaged by a falling object;
G.sinkhole collapse;
H.solely with respect to personal property in the course of transit,specified peril also includes:
1.vehicle collision upset or overturn;or
2.sinking or stranding of a vessel,or collapse of a bridge,culvert,dock or wharf;or
I.equipment breakdown peril,excluding loss of or damage to insured property caused by the discharge,
dispersal,release or escape of refrigerants,including ammonia.
Stock
Stock means raw stock,goods in process,finished stock or merchandise,including packing or shipping materials
and including software incorporated into such finished stock or merchandise.
Sublease Profit
Sublease profit means the net profit the Named Insured earns through subleasing the building or portion of the
building that the Named Insured rents for the unexpired term of the cancelled lease or sublease,whichever would
expire first.This amount is discounted based on the Prime Rate on the date the direct physical loss or damage
occurs,rounded to the nearest whole number.
Suspended Equipment
Suspended equipment means covered equipment,provided the Insurer has complied with the requirements
described in the SUSPENDED EQUIPMENT Condition in the First Party Terms and Conditions.
Suspension
Suspension means:
A.the slowdown or cessation of the Named Insured's business activities;or
B.that a part or all of the covered premises is rendered untenantable.
System Penetration
System penetration means the intentional and malicious use of a computer to obtain unauthorized access to
information and resources stored on electronic data processing equipment.
Tenant’s Improvements and Betterments
Tenant’s improvements and betterments means fixtures,glass,signs,alterations,installations or additions:
A.made a part of a building the Named Insured occupies as a tenant but does not own;
B.made or acquired at the Named Insured's expense exclusive of rent paid by the Named Insured or for which the
Named Insured is legally required by written contract to insure;and
C.that the Named Insured cannot legally remove.
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Tenant’s Lease Interest
Tenant’s lease interest means the difference between:
A.the actual rent due for the unexpired portion of the cancelled lease at the time of covered loss or damage;and
B.the rent due under the new lease for the same time period.
Theft
Theft means the unlawful taking of property.
Time Element Coverage
Time element coverage means business income,research and development business income or extra expense
to the extent these apply under this Business Property Coverage Part.
Transfer Agreement
Transfer agreement means a written agreement with any financial institution authorized to transfer money and
securities at the Named Insured’s request.
Unspecified Location
Unspecified location means:
A.a premises not listed in the Business Property Schedule of Locations;or
B.a fair,trade show or exhibition.
An unspecified location does not include:
1.a location;
2.a newly acquired location;
3.a reported unspecified location;
4.an installation location;or
5.a dependent property with respect to loss or damage covered by any time element coverage.
Volcanic Eruption
Volcanic eruption means the eruption,explosion or effusion of a volcano that gives rise to physical loss or damage
when such loss or damage is caused by:
A.airborne volcanic blast or airborne shock waves;
B.ash,dust or particulate matter;or
C.lava flow.
Water Damage
Water damage means:
A.the discharge or leakage of domestic or process water or steam from:
1.water pipes and any other apparatus meant to carry or distribute water including,but not limited to,hoses and
tubes and fire protection sprinkler system piping;
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First Party Glossary of Defined Terms
2.appliances;or
3.mechanical systems;or
B.the overflow,discharge or leakage of water from bathroom,kitchen and laundry fixtures and faucets,
within a building.
Written
Written means expressed through letters or marks placed upon paper and visible to the naked eye.
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TABLE OF CONTENTS
I.ABANDONMENT Page 2
II.APPRAISAL Page 2
III.COMPLIANCE Page 3
IV.CONCEALMENT,MISREPRESENTATION AND FRAUD Page 3
V.CONTROL OF PROPERTY Page 3
VI.DUTIES AFTER LOSS OR DAMAGE Page 3
VII.LOSS PAYMENT Page 4
VIII.LOSS PAYEES AND MORTGAGEES Page 5
IX.NO BENEFIT TO BAILEE Page 6
X.OTHER INSURANCE Page 7
XI.POLICY PERIOD /COVERAGE TERRITORY Page 7
XII.RECOVERED PROPERTY Page 7
XIII.RESUMPTION OF OPERATIONS Page 7
XIV.SALVAGE AND RECOVERIES Page 8
XV.SUSPENDED EQUIPMENT Page 8
XVI.TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO THE INSURER Page 8
XVII.VACANCY Page 8
XVIII.VALUATION Page 9
XIX.BUSINESS CRIME COVERAGE CONDITIONS Page 11
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First Party Terms and Conditions
These First Party Terms and Conditions apply to the Business Property Coverage Part,the Business Crime
Coverage Part,as applicable,and their associated forms and endorsements.
I.ABANDONMENT
There can be no abandonment of any covered property to the Insurer unless the Insurer specifically agrees to such
abandonment in writing.
II.APPRAISAL
If the Named Insured and the Insurer fail to agree on the amount of loss for physical damage or business income or
extra expense,either may make a written demand for appraisal in which case within 30 days of that written demand
each shall select an appraiser and shall notify the other of its chosen appraiser.This APPRAISAL Condition is not
available to the Named Insured or the Insurer if there is a dispute as to whether the loss or damage was caused in
whole or in part by a covered peril.This APPRAISAL Condition is not available if there is a dispute as to whether or
not the loss is covered in whole or in part under this coverage part.
An individual may be chosen as an appraiser for a claim only if such individual is a competent,independent and
disinterested person and who has no direct or indirect financial interest in the loss or the adjustment of the claim.That
appraiser cannot be:
A.the Named Insured or any of the Named Insured’s employees or agents (including any public adjuster or public
adjusting company hired by the Named Insured);
B.employed by the Insurer;or
C.an independent adjuster hired by the Insurer for such claim.
The appraisers will first select a competent,independent and disinterested umpire.If the appraisers fail to agree upon
an umpire within 30 days then,only on the joint request of the Named Insured and the Insurer to a court of competent
jurisdiction where the loss occurred,the Named Insured and the Insurer may request that the court select or appoint
a competent,independent and disinterested umpire.
If the Named Insured and the Insurer fail to agree to submit a joint request to a court of competent authority,either
may file the necessary documents in a court of competent jurisdiction where the loss occurred to compel the other to
comply with the terms of this APPRAISAL provision.
The appraisers will then appraise,within a reasonable amount of time,the amount of loss,stating separately,as
applicable:
1.the actual cash value or replacement cost as of the date of loss and the amount of loss,for each item of
physical loss or damage;and
2.the amount of loss for each time element coverage.
If the appraisers fail to agree,they will submit their differences to the umpire.An award agreed to in writing by any two
will determine the amount of loss and that award will be binding on both parties but such appraisal award will not
determine whether the loss is covered.Any appraisal award addressing whether or not a loss is or is not covered is
void and is not binding on either party to the appraisal.
The Named Insured and the Insurer will each:
a.pay its chosen appraiser;and
b.bear equally the other expenses of the appraisal and umpire.
A demand for appraisal shall not relieve the Named Insured of its continuing obligation to comply with all of the terms
and conditions of this Policy.
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First Party Terms and Conditions
The Insurer will not be held to have waived any of its rights by any act relating to an appraisal.If there is an appraisal,
the Insurer will still retain its right to deny the claim or challenge whether the damages from any loss are covered or
otherwise excluded.
The Named Insured may only make a written demand for appraisal if the Named Insured has fully complied with all
provisions of this Policy.
III.COMPLIANCE
No one may make a claim under the Business Property Coverage Part unless:
A.there has been full compliance with all of the provisions of the Business Property Coverage Part;and
B.the claim for coverage is brought within 2 years and 1 day after the date on which the direct physical loss or
damage occurred.
IV.CONCEALMENT,MISREPRESENTATION AND FRAUD
This entire Policy shall be void if,whether before or after a loss,the Named Insured or designated representative:
A.has concealed or misrepresented any material fact or circumstance concerning:
1.this insurance or the subject thereof;
2.the interest of the Named Insured therein;or
3.any claim;or
B.has falsely sworn to any such material fact or circumstance.
V.CONTROL OF PROPERTY
Any act or neglect by any person,other than a Named Insured designated representative,of any provision of these
conditions or the Business Property Coverage Part,will not affect coverage.Breach of any condition of coverage at
one or more locations or reported unspecified locations will not affect coverage at any other building where,at the
time of loss or damage,the breach of condition did not exist.
VI.DUTIES AFTER LOSS OR DAMAGE
In the event of loss or damage,the Named Insured shall do the following:
A.Take all necessary steps to protect the property from further loss or damage.
B.Set aside the damaged insured property for examination by the Insurer as often as may be required and keep a
record of its expenses necessary to protect insured property.
C.As soon as practical,give written notice to the Insurer,or its designated representative,of the event giving rise to
the loss or damage,including the date and time of such event,what occurred and the names and addresses of
witnesses.
D.Within 60 days after being requested by the Insurer,render to the Insurer a detailed,sworn proof of loss on a form
provided by the Insurer;
E.As often as may be reasonably required,exhibit to any person designated by the Insurer all that remains of any
damaged or undamaged property and permit the Insurer to take samples of such property for inspection and
analysis.
F.Submit individually to examinations under oath at the Insurer’s request and,if requested and identified by the
Insurer,make its designated representatives,including,but not limited to,public adjusters,claims consultants,
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forensic accountants or other third parties providing claims related services,submit to examinations under oath,
and give the Insurer a signed statement of each individual’s answers.
G.As may be reasonably required,produce for examination at the request of the Insurer all books of account,
business records,bills,invoices and other vouchers,or certified copies thereof if originals have been lost,at such
reasonable time and place as may be designated by the Insurer or its authorized representative,and permit
extracts and copies thereof to be made.
H.Cooperate with the Insurer in the investigation of any claim.
I.Notify law enforcement authorities,if the Named Insured has reason to believe that any loss or damage involves
a violation of law.
VII.LOSS PAYMENT
A.Unless otherwise specified in this Policy,in the event of covered loss or damage to covered property,at the
Insurer's option,the Insurer will either:
1.pay the amount of loss or damage;
2.pay the cost of repairing or replacing such covered property;
3.take all or any part of the covered property at an agreed or appraised value;or
4.repair or replace the covered property with other property of like kind and quality.
B.If the Insurer elects to exercise option A.3.above with respect to any branded or labeled merchandise or
finished stock,the Named Insured may:
1.Stamp salvage on their merchandise or finished stock,or its containers,if the stamp will not physically
damage the merchandise or finished stock;or
2.Remove the brands or labels,if doing so will not physically damage the merchandise or finished stock.
The Named Insured must re-label the merchandise or finished stock or its containers,to comply with the
law.
C.The Insurer will determine the value of such covered property,or the cost of its repair or replacement,in
accordance with the VALUATION Condition.
D.The Insurer will not pay more than the Named Insured’s financial interest in the covered property.
E.The Insurer,at the Insurer's expense,may elect to defend the Named Insured against suits arising from claims of
owners of covered property.
F.If the Named Insured has complied with all of the terms and conditions of this Policy,the Insurer will pay
amounts due hereunder within 60 days after it receives an acceptable sworn proof of loss provided that the
Insurer and Named Insured have reached agreement on the amount of loss or damage or an appraisal award
has been made.Such payments will be made to the First Named Insured,subject to the LOSS PAYEES AND
MORTGAGEES Condition below.However,the payment for loss or damage to personal property of others may
be to the account of the owner of the property.
Covered Debris Removal Costs and Expenses and Debris Removal –Additional Costs and Expenses in the
Fees,Costs and Expenses Coverages provision under the LOCATION COVERAGES section of the Business
Property Coverage Part will be paid by the Insurer provided all such costs are reported to the Insurer in writing
within 180 days of the occurrence.
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First Party Terms and Conditions
VIII.LOSS PAYEES AND MORTGAGEES
A.Loss Payees
If there is loss of or damage to insured property,in which the Named Insured and any Loss Payee,whether or
not named in the Schedule of Loss Payees or Mortgagees,have an insurable interest:
1.the Insurer will adjust losses with the Named Insured,and
2.make payments jointly to the Named Insured and such Loss Payee,in their order of precedence,in
accordance with the Loss Payee's financial interest in the applicable property.
If the Insurer pays such Loss Payee,such payments will satisfy the Named Insured’s claims against the Insurer
for that Loss Payee's property.The Insurer will not pay such owners more than their financial interest in the
insured property.
B.Lender Loss Payees and Mortgagees
1.As used in this Section:
a.a Lender Loss Payee is any creditor who is shown on the Schedule of Loss Payees or Mortgagees as
a Lender Loss Payee and whose interest in insured property is established by a written instrument
including warehouse receipts,bills of lading,financing statements or security agreements;
b.a Mortgagee is any mortgagee or trustee who is shown on the Schedule of Loss Payees or
Mortgagees as a Mortgagee with respect to the real property for which the mortgagee or trustee is
named.
2.The Insurer will pay for covered loss or damage to each specified Lender Loss Payee or Mortgagee,in order
of precedence,in accordance with the Lender Loss Payee's or Mortgagee's financial interest in the applicable
property.
3.Each Lender Loss Payee and Mortgagee has the right to receive loss payment,even though:
a.the Insurer denied the Named Insured’s claim because the Named Insured failed to comply with the
terms of this Policy;or
b.such Lender Loss Payee or Mortgagee has started foreclosure or similar action on the insured property,
provided such loss payee:
i.pays any premium due under this Business Property Coverage Part at the Insurer’s request if the
Named Insured has failed to do so;
ii.submits a signed,sworn proof of loss in accordance with the requirements of this Policy;and
iii.has notified us of any change in ownership,or substantial change in risk known to such Lender Loss
Payee or Mortgagee.
If these requirements are met,all of the terms of this Business Property Coverage Part will then apply
directly to such Lender Loss Payee or Mortgagee.
4.With respect to any Lender Loss Payees or Mortgagees:
a.The Insurer may cancel this Policy,including the interest of any Lender Loss Payee or Mortgagee,by
giving such Lender Loss Payee or Mortgagee,or its agent,written notice:
i.10 days prior to the effective date of cancellation,if cancellation is for nonpayment of premium;or
ii.60 days prior to effective date of cancellation,if cancellation is for any other reason.
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b.If a loss hereunder is made payable,in whole or in part,to a designated Lender Loss Payee or
Mortgagee not named in this Policy,that interest may be cancelled by giving to such loss payee 10 days
written notice of cancellation.
c.If the Insurer pays the Lender Loss Payee or Mortgagee for loss under this Business Property
Coverage Part,and denies payment to the Named Insured,the Insurer will,to the extent of the payment
made to such Lender Loss Payee or Mortgagee,be subrogated to all the rights of the Lender Loss Payee
or Mortgagee.However,any subrogation by the Insurer will not impair the right of such Lender Loss
Payee or Mortgagee to recover the full amount of its claim.At the Insurer’s option,the Insurer may pay
the whole principal of the Named Insured’s debt plus accrued interests.In this event,the Named
Insured will pay its remaining debt to the Insurer.
d.If the Named Insured fails to provide proof of loss,the Lender Loss Payee or Mortgagee,upon notice,
will render proof of loss within 60 days of notice and will be subject to the provisions contained in this
First Party Terms and Conditions and Common Terms and Conditions relating to APPRAISAL,
LOSS PAYMENT and NO SUIT AGAINST INSURER.
C.Mortgagee Loss Payee
With respect to any Mortgagee as defined above,the interest of the Mortgagee in real property will not be
invalidated by:
1.any act or neglect of the mortgagor or owner of the real property;
2.foreclosures,notice of sale,or similar proceeding with respect to the real property;
3.change in the title or ownership of the real property;or
4.change to an occupancy more hazardous than was represented by the Named Insured.
D.Contract of Sale Loss Payee
A Contract of Sale Loss Payee is a person or entity who is shown on the Schedule of Loss Payees or
Mortgagees and with whom the Named Insured has entered a contract for the sale of insured property;
provided that for such insured property in which both the Named Insured and such Contract of Sale Loss Payee
have an insurable interest,the Insurer will:
1.adjust losses with the Named Insured;and
2.pay any claim for loss or damage jointly to the Named Insured and such Contract of Sale Loss Payee,as
interests may appear.
E.Building Owner Loss Payee
1.A Building Owner Loss Payee is the person or entity who is shown on the Schedule of Loss Payees or
Mortgagees and is the owner of the described building in which the Named Insured is a tenant.
2.Loss or damage to such building will be adjusted with such Building Owner Loss Payee.Any loss payment
made to such Building Owner Loss Payee will satisfy the Named Insured’s claims against the Insurer for
such Building Owner Loss Payee property.
3.Loss or damage to tenant's improvements and betterments will be adjusted with the Named Insured
unless the written lease agreement provides otherwise.
IX.NO BENEFIT TO BAILEE
This insurance shall in no way inure directly or indirectly to the benefit of any transportation carrier or bailee.
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X.OTHER INSURANCE
A.If the Named Insured has other insurance covering the same loss or damage,the Insurer will pay on the least of
the following amounts:
1.any Limit of Insurance applicable to the covered property that has sustained such loss or damage;
2.the amount of covered loss or damage in excess of the amount due from that other insurance,whether the
Named Insured can collect on it or not,without application of deductible amounts contained elsewhere in this
coverage part;or
3.the amount the Insurer would have paid had such other insurance not existed.
B.Paragraph A.above does not apply to other insurance that is purchased as insurance in excess of the Limit of
Insurance under this coverage part.
XI.POLICY PERIOD/COVERAGE TERRITORY
The Insurer will cover loss or damage commencing during the policy period of this Policy and within the coverage
territory unless otherwise specified.
XII.RECOVERED PROPERTY
If either the Named Insured or Insurer recover any property after loss settlement,that party must give the other
prompt notice.At the Named Insured’s option,the property (other than money or securities)will be returned to the
Named Insured.The Named Insured must then return to the Insurer the amount it paid to the Named Insured for the
covered property.The Insurer will pay recovery expenses and the expenses to repair the recovered covered
property,subject to the Limit of Insurance.
With respect to money or securities,any recoveries,less the cost of obtaining them,made after settlement of loss or
damage covered by this coverage part will be distributed:
A.first to the Named Insured,until the Named Insured is fully reimbursed for any loss or damage that the Named
Insured sustains that exceeds the Limit of Insurance and the Deductible amount,if any;
B.then to the Insurer,until the Insurer is reimbursed for the settlement made;and
C.then to the Named Insured,until the Named Insured is reimbursed for that part of the loss or damage equal to
the Deductible amount,if any.
Recoveries do not include any recovery:
1.from insurance,suretyship,reinsurance,security or indemnity taken for the Insurer’s benefit;or
2.of original securities after duplicates of them have been issued.
XIII.RESUMPTION OF OPERATIONS
The Insurer will reduce the amount of business income and research and development business income loss
payments to the extent that the Named Insured could resume operations or research and development projects in
whole or in part:
A.by using damaged or undamaged property,including stock;or
B.by using any other premises.
Solely with respect to suspension of operations caused by direct physical loss of or damage to a dependent
property,the Insurer will reduce the amount of business income loss payment to the extent the Named Insured
could resume the Named Insured’s operation,in whole or in part,by using any other available sources of materials
or outlets for the Named Insured’s products or services available to the Named Insured.
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XIV.SALVAGE AND RECOVERIES
All salvages,recoveries,and payments,excluding proceeds from subrogation and other insurance,recovered or
received prior to a loss settlement under this Policy,shall reduce the loss accordingly.If recovered or received
subsequent to a loss settlement under this Policy,such net amounts received shall be divided between the interests
concerned in the proportion of such respective interests.
XV.SUSPENDED EQUIPMENT
The Insurer,or any of the Insurer's representatives,has the right to suspend the insurance provided for covered
equipment from an equipment breakdown peril when the equipment is found to be in,or exposed to,a dangerous
condition,provided that the Insurer,or any representative,has:
A.told the Named Insured of the dangerous condition immediately upon discovering it and informed the Named
Insured of the suspension of coverage;and
B.mailed or delivered a notice of the suspension to the First Named Insured's last known address or the address
where the covered equipment is located.
The Named Insured will get a pro-rata refund of premium for the suspended insurance.However,the suspension will
be effective even if the Insurer has not yet made or offered a refund.Reinstatement can only be effected by a written
endorsement issued by the Insurer.
XVI.TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO THE INSURER
If the Insurer pays a claim under this Policy,it will be subrogated,to the extent of such payment,to all the Named
Insured’s rights of recovery from other persons,organizations and entities.The Named Insured will execute and
deliver instruments and papers and do whatever else is necessary to secure such rights.The Named Insured shall do
nothing to prejudice such rights.
The Insurer will have no rights of subrogation against:
A.any person or entity who or which is a Named Insured;
B.any subsidiary or any entity associated with the Named Insured through ownership or management;
C.any other person or entity that the Named Insured waived its rights of subrogation against in writing before the
time of loss.
XVII.VACANCY
If a building where loss or damage occurs has not been used by the Named Insured to conduct its normal business
for more than 60 consecutive days before such loss or damage occurs,the Insurer will not pay for any loss or damage
caused by any of the following even if they are covered perils:
A.vandalism;
B.sprinkler leakage,unless the Named Insured has protected the system against freezing;
C.building glass breakage;
D.water damage;
E.theft or attempted theft.
With respect to all other covered perils,the Insurer will reduce the amount that would otherwise be paid for the loss
or damage by 15%.
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First Party Terms and Conditions
If the Named Insured’s normal operation is leasing property to others,a vacant building will be subject to this
condition if the Named Insured has ceased actively leasing the building or has cut-off power,heat and water utility
services to the building.
Buildings under active construction or active renovation are not considered vacant.
XVIII.VALUATION
A.Except as provided in Paragraph B.below,and subject to all applicable Limits of Insurance,the Insurer will not
pay more than the lesser of the following:
1.the replacement cost;or
2.the actual cost to repair or replace covered property.
If the Named Insured does not repair or replace the covered property,or the repair or replacement exceeds 24
months from the date of loss or damage unless a longer time frame is agreed to by the Insurer,the Insurer will
pay the actual cash value of such property.
If the Named Insured commences repair or replacement of such covered property and completes it within 24
months from the date of loss or damage,or such agreed to longer period,the Insurer will pay the difference
between the actual cash value previously paid and the lesser of Paragraphs 1.or 2.above.
B.With respect to the following covered property,the Insurer will not pay more than the following amounts:
1.Accounts receivable:for records of account receivable for which duplicates do not exist,the full cost to
research and reproduce such records plus the cost of the blank materials on which they resides.For records
of accounts receivable for which duplicates do exist,the cost of the labor to transcribe or copy such records,
plus the cost of the blank materials on which they reside.
If the Named Insured cannot accurately establish the amount of accounts receivable outstanding at the time
of loss of or damage to the records of accounts receivable,the following method will be used:
a.determine the average monthly amount of accounts receivable for the 12 months immediately preceding
the month in which the loss or damage occurs;and
b.adjust that average monthly amount for any normal fluctuations in the amount of accounts receivable for
the month in which the loss or damage occurred or for any demonstrated variance from the monthly
average.
The following will be deducted from the total amount of accounts receivable,however that amount is
established:
i.the amount of the accounts receivable for which there is no loss or damage;
ii.the amount of the accounts receivable that the Named Insured is able to re-establish or collect;
iii.an amount to allow for probable bad debts that the Named Insured is normally unable to collect;and
iv.all unearned interest and service charges.
2.Personal property that is leased or rented from others,personal property of others and nonowned trailers:
the lesser of the following:
a.the amount for which the Named Insured is liable under the written contract for such property;
b.the actual cost to repair such property;or
c.the replacement cost.
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3.Fine arts:the appraised market value as of the time,and at the place,of loss or damage.In case of loss to
any part of a pair or set,the Insurer may:
a.repair or replace any part to restore the pair or set to its value before the loss;or
b.pay the difference between the value of the pair or set before and after the loss.
4.Glass:replacement cost,including the costs and expenses incurred to put up temporary plates or board up
openings and to remove or replace obstructions when repairing or replacing glass that is part of a building,
but not including the removal or replacement of window displays.
5.Goods in process:the value of raw stock,the Named Insured's labor expended and other materials
incorporated and the cost to repurchase proprietary property licenses,plus the proper proportion of overhead
charges.
6.Media:for media for which duplicates do not exist,the full cost incurred to research and reproduce a master
copy of such media plus the cost of the blank materials on which it resides.For media for which duplicates
do exist,the cost incurred for the labor to transcribe or copy such media,plus the cost of the blank materials
on which it resides.
If the media is not reproduced or replaced,the loss will be valued at the cost to replace the blank material on
which the media resides with substantially identical type of such blank materials.
7.Merchandise which has been sold and not delivered and finished stock:the regular cash selling price,less
all costs to complete the sale and discounts and charges to which such finished stock or merchandise
would have been subject had no loss or damage occurred.
8.Money or securities:
Money:only up to and including its face value.
Securities:only up to and including their value at the close of business on the day the loss was discovered.
9.Outdoor trees,shrubs,plants or lawns:the reasonable and necessary costs of a qualified contractor to
remove the damaged tree,shrub,plant or lawn from the location or reported unspecified location and the
replacement of such property with similar type,size and quality as the damaged property including
reasonable repairing and replanting costs.No payment will be made for the replacement,repairing or
replanting of such property until the repairing,replacement and replanting is completed.Damaged outdoor
trees,shrubs,plants or lawns not replaced within 12 months from the date of the loss have no value.
10.Property for sale,other than stock or merchandise,the lesser of the:
a.replacement cost;
b.the selling price;or
c.actual cash value.
11.Property in transit:
a.Property under invoice,at the actual invoice cost,including prepaid freight,together with such cost and
charges since shipment as may have accrued and become legally due thereon.
b.Property not under invoice,in accordance with the valuation provisions of this Policy,less any charges
saved which would have become due and payable upon delivery at destination.
12.Research and development project property:the actual cost necessary to:
a.research,recreate,repair or replace the research and development project property,including the cost
of materials and supplies;and
CNA62647XX 10-15 Page 10 of 14
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CNA PARAMOUNT
First Party Terms and Conditions
b.research,recreate or reproduce information,on any format,documenting that lost or damaged research
and development project property as of the date of such loss or damage.
However,the Insurer will only pay for these costs if the Named Insured repairs,replaces or recreates the
research and development project property.Any research and development project property not
repaired,replaced or recreated has no value.When production of a new product begins by anyone,the
research and development project property for that product and all associated research and recreation
costs have no value.
13.Tenant's improvements and betterments:
a.Replacement cost if the Named Insured repairs or replaces with reasonable speed.
b.A proportion of the Named Insured's original cost if the Named Insured does not repair or replace with
reasonable speed.The Insurer will determine the proportionate value as follows:
i.multiply the original cost by the number of days from the date of the loss or damage to the expiration
date of the lease;and
ii.divide that amount determined in Paragraph i.above by the number of days from the installation of
the tenant's improvements and betterments to the expiration of the lease.
If the lease contains a renewal option,the expiration date of the renewal option period will be used as the
expiration date of the lease.
c.If others pay for the repairs or replacement,then the Insurer will only pay for that portion which has not
been paid for by others.
14.Vehicles or self-propelled machines (other than nonowned trailers),railroad rolling stock and contractor’s
equipment:at the lesser of the following for that lost or damaged property:
a.applicable scheduled Limit of Insurance;
b.actual cash value;
c.cost to reasonably restore that property to its condition immediately before loss or damage;or
d.cost of replacing that property with used,but substantially identical property.
XIX.BUSINESS CRIME COVERAGE CONDITIONS
Solely with respect to crime coverage provided under the Business Crime Coverage Part and the Employee Theft,
Forgery or Alteration and Money and Securities Additional Coverages under the Business Property Coverage
Part,the following conditions apply:
A.Joint Named Insured
1.If the Named Insured or partner,proprietor,member or officer of that Named Insured has knowledge of any
information relevant to this insurance,that knowledge is considered knowledge of every Named Insured.
2.An employee of any Named Insured is considered to be an employee of every Named Insured.
3.If any crime coverage is cancelled or terminated as to any Named Insured,a loss with respect to that Named
Insured is covered only if the loss was discovered during the period of time in the When Loss Must be
Sustained and Discovered Condition below.However,this extended period to discover loss terminates as
to that Named Insured immediately upon the effective date of any other insurance obtained by that Named
Insured replacing in whole or in part the insurance afforded hereunder,whether or not such other insurance
provides coverage for loss or damage sustained prior to its effective date.
4.In the event loss or damage is sustained by more than one Named Insured,the Insurer will not pay more
than if the loss or damage was sustained by one Named Insured.
CNA62647XX 10-15 Page 11 of 14
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First Party Terms and Conditions
B.Named Insured Sponsored Employee Benefit Plans
Any employee benefit plan shown under the Business Property Coverage Part Declarations or the Business
Crime Coverage Part Declarations as included as an additional Named Insured are so included only with
respect to Employee Theft Coverage.
In compliance with certain provisions of the Employee Retirement Income Security Act of 1974 (ERISA):
1.If the First Named Insured is an entity other than an employee benefit plan,any payment made by the
Insurer will be made jointly to the First Named Insured and to the employee benefit plan that sustained
loss.
2.If two or more employee benefit plans are insured under this coverage part,any payment the Insurer
makes for covered loss:
a.sustained by two or more employee benefit plans;or
b.of commingled funds or other property of two or more employee benefit plans,
is to be shared by each employee benefit plan sustaining loss in the proportion that the amount of insurance
required for each such employee benefit plan under the Employee Retirement Income Security Act of 1974
(ERISA)bears to the total of such payments.
3.The First Named Insured must purchase a Limit of Insurance applicable to Employee Theft Coverage that
is at least equal to the minimum amount required by ERISA for any employee benefit plans.If employee
benefit plans are insured jointly with any other entity under this coverage part the limit must be at least
equal to the minimum amount required by ERISA as if each employee benefit plan were insured
independently.If,during this policy period,it is determined that the applicable Limit of Insurance as shown in
the Business Property Schedule of Coverages and Limits or Business Crime Schedule of Coverages,
Limits and Deductibles was less than the amounts required by ERISA on the effective date of this Policy,
then,at the request of the First Named Insured during this policy period,and subject to the payment of any
additional premium,the applicable Limit of Insurance may be amended to equal the minimum amount
required by ERISA.
4.The deductible otherwise applicable to Employee Theft Coverage does not apply to loss sustained by any
employee benefit plan.
C.New Employees/New Employee Benefit Plans
1.New Employees or Premises
If,during this policy period the Named Insured establishes any additional premises or hires additional
employees,any insurance afforded for employees and premises shall also apply to those additional
employees and premises.
2.New Employee Benefit Plans
If any employee benefit plan is acquired by the Named Insured during the policy period that is:
a.sponsored and approved by the Named Insured;and
b.required to be bonded under the provisions of ERISA,
that employee benefit plan shall be included as a Named Insured under this coverage part.
D.Loss Covered Under This Insurance and Prior Insurance Issued by the Insurer or Any Affiliate of the
Insurer
If the Named Insured discovers covered loss during the policy period resulting directly from an act or series of
acts that took place partly during the policy period and partly during a policy period of any prior cancelled or
CNA62647XX 10-15 Page 12 of 14
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First Party Terms and Conditions
terminated Policy that the Insurer or any affiliate issued to the Named Insured or any predecessor in interest,the
most the Insurer will pay is the larger of the amount recoverable under this Policy or the prior Policy.
E.Loss Sustained During Prior Policy
1.If the Named Insured,or a predecessor in interest,sustained a loss that could have been recovered under a
prior policy except that the time within which to discover the loss under such prior policy had expired,then
the Insurer will pay for it under this Policy,provided:
a.this Policy became effective at the time of cancellation or termination of such prior Policy;and
b.the loss would have been covered by this Policy had it been in effect at the time of such loss.
2.The Limit of Insurance available under this Loss Sustained During Prior Policy Condition is part of,and not in
addition to,the applicable Crime Coverage Limits of Insurance and is limited to the following:
a.when the prior policy was issued by the Insurer or any affiliate of the Insurer,the highest single Limit of
Insurance of the amount recoverable under:
i.this Policy as of its effective date;or
ii.the prior policy had it remained in effect.
b.when the prior policy was not issued by the Insurer or any of its affiliates,the lesser of the single Limit of
Insurance of the amount recoverable under:
i.this Policy as of its effective date;or
ii.the prior policy had it remained in effect.
F.Non-Cumulation of Limit of Insurance
Regardless of the number of years this Policy or similar insurance (whether issued on a “Loss Sustained”or “Loss
Discovered”basis)issued by the Insurer remains in force or the number of premiums paid,the Limit of Insurance
does not cumulate from one policy period to another policy period.
G.Ownership of Property;Interests Covered
The money,securities and other property covered under this coverage part is limited to such property:
1.that the Named Insured owns or leases;
2.that the Named Insured holds for others;or
3.owned and held by someone other than the Named Insured under circumstances which make the Named
Insured responsible for the property prior to the time of loss.
Solely with respect to an employee benefit plan,the money,securities and other property covered under any
crime coverage is limited to all funds or property that the employee benefit plan uses or may use as a source for
the payment of benefits to plan participants or beneficiaries,as described by the Employee Retirement Income
Security Act of 1974 (ERISA),any amendments thereto and any regulations promulgated thereunder.
However,this insurance is for the Named Insured’s benefit only.It provides no rights or benefits to any clients or
to any other person or organization.
H.Termination of Coverage as Respects Acts of Any Employee
Coverage is terminated with respect to any employee:
1.immediately upon discovery of a dishonest act:
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First Party Terms and Conditions
a.committed by that employee while employed by the Named Insured,or
b.committed by that employee prior to becoming employed by the Named Insured,provided dishonest
acts committed prior to becoming employed by the Named Insured resulted in a loss equal to or
exceeding $10,000,
provided that such discovery was made by the Named Insured or any of the Named Insured’s employees,
partners,proprietors,members,managers,officers,directors or trustees,not in collusion with the employee
who committed such act,whether before or after becoming employed by the Named Insured.
2.on the date specified in the notice mailed to the Named Insured.That date will be at least 60 days after the
date of mailing.
The Insurer will mail or deliver the notice to the First Named Insured's last mailing address known to the Insurer.
If notice is mailed,proof of mailing will be sufficient proof of notice.
I.When Loss Must be Sustained and Discovered
Except as provided in the Loss Sustained During Prior Policy Condition,loss is covered only if sustained during
the policy period and discovered no later than one year from the date of cancellation or expiration of the Policy.
However,with respect to any Named Insured who obtains any other insurance replacing in whole or in part the
insurance afforded by such crime coverages,regardless of whether such insurance is obtained during or after the
policy period,this extended period to discover loss terminates immediately upon the effective date of such other
insurance,whether or not such other insurance provides coverage for such crime loss sustained prior to its
effective date.
J.Worldwide Coverage and Other Territory Changes
With respect to Employee Theft Coverage,coverage applies anywhere in the world for employees while
temporarily outside the coverage territory for a period of 90 days or less.
With respect to Forgery or Alteration Coverage and Computer Fraud Coverage,coverage applies anywhere in
the world.
CNA62647XX 10-15 Page 14 of 14
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CNA PARAMOUNT
Durable Goods
Business Property Coverage Part Declarations
4032877971PolicyNumber:
Name:MCMILLAN JAMES EQUIPMENT COMPANY1.Named
Insured
and
mailing
address
1044 TEXAN TRLAddress:
GRAPEVINE,TX 76051-3703
2.Limits of See Business Property Schedule of Coverages and Limits
and Business Property Schedule of LocationsInsurance,
Deductibles
Waiting
periods
3.Premium,
Surcharges
Taxes and
Fees at
Issuance
$7,750.00TotalPremiumforthisCoveragePart
$3.61TexasFirefighter's Fund Assessment
$7,753.61TotalPremium,Surcharges Taxes and Fees for this Coverage Part
Terrorism Risk Insurance Extension Act Premium
$55.00
Your Premium includes the following amount to cover a fire loss that
follows from a certified act of terrorism,even if certified acts of
terrorism are otherwise excluded under this policy (statutorily
required for locations in the Standard Fire Policy states of
CA,GA,HI,IA,IL,MA,ME,MO,NC,NJ,NY,OR,RI,WI and WV):$0.00
CNA62643XX 09-12 1 1Pageof
Copyright CNA All Rights Reserved.
CNA PARAMOUNT
Business Property Schedule of Coverages and Limits
4032877971PolicyNumber:
COVERAGES AND LIMITS
Coverages under the apply as shown below.Business Property Coverage Part
Limits of Insurance shown as Each Location apply separately for any one at each identified in theoccurrencelocation Business
Property Schedule of Locations reported unspecified location,and at each ,if applicable.Limits of Insurance shown as Each
Occurrence represent the total the Insurer will pay for any one for that coverage.However,if a particular coverage isoccurrence
shown as “Not Covered”,then such coverage is not provided under this .If a different Limit ofBusinessPropertyCoveragePart
Insurance is shown for a particular coverage at a specific ,that Limit replaces,and is not in addition to,the Limit oflocation
Insurance shown for that coverage in the ,for that .Business Property Schedule of Coverages and Limits location
SPECIFIED LOCATION COVERAGE AGREEMENT
LOCATION BASE COVERAGE:
Real Property Coverage SEE THE SCHEDULE OF LOCATIONSPersonalPropertyCoverage
TIME ELEMENT COVERAGE:
Business Income Coverage SEE THE SCHEDULE OF LOCATIONSExtraExpenseCoverage
FEES COSTS AND EXPENSES COVERAGES
Included within the applicable Real Property or PersonalArchitects&Engineers and Other Professional Fees Property Limit
Brands &Labels Costs and Expenses Included within the applicable Personal Property Limit
Included within the applicable Real Property or PersonalDebrisRemovalCostsandExpensesPropertyLimit
Debris Removal:
$300,000AdditionalCostsandExpenses Each Location
$5,000UncoveredProperty Each Location
$50,000ExpeditingCostsandExpenses Each Location
Green Insured Property:
Included within the applicable Real Property or PersonalCostsandExpensesPropertyLimit
Included within the applicable Time Element CoverageTimeElementLimit
OFF-SITE COVERAGES
$25,000DeferredPaymentsCoverage Each Occurrence
$250,000DependentPropertyTimeElementCoverage Each Occurrence
$500,000InstallationCoverage Each Occurrence
$25,000MobileComputingDevices-Worldwide Coverage Each Occurrence
$100,000PropertyatUnspecifiedLocationsCoverage–Each Unspecified Location
Property Damage and Time Element Combined Unspecified Locations Combined Not Applicable
Property in Transit Coverage –Property Damage and $100,000 Each OccurrenceTimeElementCombined
$100,000WorldwideMediaandAccountsReceivableCoverage Each Occurrence
CNA62645XX 10-15 1 3Pageof
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CNA PARAMOUNT
Business Property Schedule of Coverages and Limits
4032877971PolicyNumber:
ADDITIONAL COVERAGES
Contaminants or Pollutants Clean Up and Removal
$50,000 Each LocationCoverage–Property Damage and Time Element
Combined
$25,000ContaminationbyaRefrigerantCoverage Each Location
$50,000ContractualPenaltiesCoverage Each Occurrence
Denial of Access Coverage:
Included within the applicable Number of Days:Civil Authority 30TimeElementCoverageLimit
$50,000Ingress/Egress Each Location
Electronic Vandalism Coverage –Property Damage $50,000 AggregateandTimeElementCombined
$50,000EmployeeTheftCoverage Each Occurrence
$250,000EquipmentBreakdown–Spoilage Coverage Each Location
Expense to Reduce Loss –Business Income Not Covered
Extended Indemnity Period –Business Income Not CoveredProperty
$50,000ForgeryorAlterationCoverage Each Occurrence
Fungi,Wet Rot,Dry Rot and Microbe Coverage –$50,000 AggregatePropertyDamageandTimeElementCombined
$25,000LossAdjustmentExpenseCoverage Each Occurrence
$25,000MoneyandSecuritiesCoverage Each Occurrence
Newly Acquired Locations and Property Coverage:
$2,000,000 Each OccurrenceNewlyAcquiredorConstructedRealProperty180NumberofDays:
$1,000,000 Each OccurrenceNewlyAcquired–Other Property 180NumberofDays:
$250,000 Each OccurrenceNewlyAcquiredLocation–Time Element 180NumberofDays:
Ordinance or Law Coverage:
Included within the applicable Real Property or PersonalUndamagedInsuredPropertyPropertyLimit
$500,000DemolitionandRepairCost Each Location
Increased Period of Restoration Not Covered
Pair or Set Coverage Included within the applicable Personal Property Limit
Protection of Property Coverage:
Included within the applicable Number of Days:Removal of Insured Property Real Property or Personal 365
Property Limit
$2,500PreservationofInsuredProperty Each Occurrence
CNA62645XX 10-15 2 3Pageof
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CNA PARAMOUNT
Business Property Schedule of Coverages and Limits
4032877971PolicyNumber:
ADDITIONAL COVERAGES
Reported Unspecified Locations
Real Property
Not CoveredPersonalProperty
Business Income
Extra Expense
Research and Development Coverage:
$250,000ResearchandDevelopmentProjectProperty Each Location
Research and Development Business Income Not Covered
Theft Damage to Non Owned Building Coverage Included within the applicable Personal Property Limit
$5,000 Each ItemTrees,Shrubs,Plants and Lawns Coverage $250,000 Each Location
$250,000UnintentionalErrorsorOmissionsCoverage Each Occurrence
Utility Supply Failure Coverage:
$500,000PropertyDamage Each Occurrence
$25,000TimeElement Each Occurrence
ADDITIONAL COVERAGE BASKET
All coverages shown in the below are part of the and subject to a combined single EachSCHEDULEAdditionalCoverageBasket
Location Limit of Insurance shown in the below.Such Limit of Insurance applies separately for any one atSCHEDULEoccurrence
each identified in the ,and at each ,iflocationBusinessPropertyScheduleofLocationsreportedunspecifiedlocation
applicable,unless the is shown as “Not Covered”for any specific .If a different Limit ofAdditionalCoverageBasketlocation
Insurance is shown for at a specific ,that Limit replaces,and is not in addition to,the Limit ofAdditionalCoverageBasketlocation
Insurance shown for below,for that .Additional Coverage Basket location
SCHEDULE
Accounts Receivable Coverage
Fine Arts Coverage (subject to Per Item Limit of
$100,000)
Fire Department Service Charge Coverage
Lessee Leasehold Interest Coverage
$1,000,000 Each LocationLostKeyReplacementCoverage
Non Owned Detached Trailers Coverage
Recharge of Fire Protection Equipment Coverage
Restoration of Media Coverage
Reward Payments Coverage
CNA62645XX 10-15 3 3Pageof
Copyright CNA All Rights Reserved.
CNA PARAMOUNT
Business Property Schedule of Locations
4032877971PolicyNumber:
Blanket Limits of Insurance
The Limit of Insurance shown below for that represents the sum total the Insurer will pay for any oneBlanketCoverageType
occurrence locationsforsuchblanketcoverage.That Blanket Limit applies only at for which the Limit of Insurance is shown as Included
in Blanket for that blanket coverage type under the If a particular coverage type does not apply at aLocationandCoverageSchedule.
specific ,the Limit of Insurance will be shown as Not Covered for that .If a specific dollar amount Limit of Insurance islocationlocation
shown for that coverage type at a ,that Limit replaces,and is not in addition to,the Blanket Limit of Insurance for that coveragelocation
type,for that location.
$2,110,000BlanketPersonalProperty
Deductibles/Periods of Indemnity/Percentages
The Property Deductible shown below applies to all loss,damage,cost or expense covered by the Business Property Coverage Part,
unless a more specific deductible is shown in the below or at a shown in the IfSCHEDULElocationLocationandCoverageSchedule.
a Qualifying Period is shown below,then the will apply to all andqualifyingperiodBusinessIncome Research and Development
Business Income Coverages.
Monetary Deductibles Deductible Amount or Percentage
$5,000PropertyDeductible
Location and Coverage Schedule
Real Property,Personal Property,Business Income Extra Expense locationsorCoverageapplyonlytotheextentshownforthe
described below.
Additional Coverages Fees,Costs and Expenses Coverage BusinessandthatshowanEachLocationLimitofInsuranceinthe
Property Schedule of Coverages and Limits Additional Coverage Basket location,and the ,apply at each described below.If a
different Limit of Insurance is shown for a particular coverage at a specific ,that Limit replaces,and is not in addition to,the Limitlocation
of Insurance shown for that coverage in the ,for that .If a particularBusinessPropertyScheduleofCoveragesandLimitslocation
coverage does not apply at a specific ,that coverage will be shown as "Not Covered"at that .location location
Location Location Address:
6767 PORTWEST DRIVE STE 150Number
1
HOUSTON TX 77024
Location Base Coverages
Personal Property Included in Blanket Personal Property
$100,000ExtraExpense
Location Location Address:
1044 TEXAN TRAILNumber
2
GRAPEVINE TX 76051
Location Base Coverages
Personal Property Included in Blanket Personal Property
$100,000ExtraExpense
Location Location Address:
14607 SAN PEDRO,STE 100Number
3
SAN ANTONIO TX 78232
Location Base Coverages
Personal Property Included in Blanket Personal Property
$100,000ExtraExpense
CNA62644XX 10-15 1 1Pageof
Copyright CNA All Rights Reserved.
CNA PARAMOUNT
Schedule of Loss Payees or Mortgagees Endorsement
It is understood and agreed that the following are added as Loss Payees (Clause A),Lender Loss Payees (Clause B),Mortgagees
(including Trustees)(Clause B/C),Contract Sale Loss Payees (Clause D)Building Owner Loss Payees (Clause E)as described under the
Section of the .LOSS PAYEES OR MORTGAGEES First Party Terms and Conditions
Location Name and Address of Loss Payee,Lender Loss Payee,Mortgagee,Building Owner Loss Payee,or
Contract Sale Loss PayeeNumber
Not applicable
All other terms and conditions of the Policy remain unchanged.
This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective
date of said policy at the hour stated in said Policy,unless another effective date is shown below,and expires concurrently with said Policy.
CNA62728XX 10-15 4032877971PolicyNo:
1 1 1PageofEndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.
CNA PARAMOUNT
Business Property Coverage Part
TABLE OF CONTENTS
I.LOCATIONS COVERAGES
A.Location Base Coverages
1.Real Property Coverage Page 3
2.Personal Property Coverage Page 3
3.Time Element Coverage Page 3
B.Fees,Costs and Expenses Coverages
1.Architects &Engineers and Other Professional Fees Page 4
2.Brands &Labels Costs and Expenses Page 4
3.Debris Removal Costs and Expenses Page 4
4.Debris Removal Page 4
5.Expediting Costs and Expenses Page 5
6.Green Insured Property Page 5
II.OFF-SITE COVERAGES
A.Deferred Payments Coverage Page 6
B.Dependent Property Time Element Coverages Page 6
C.Installation Coverage Page 6
D.Mobile Computing Devices –Worldwide Coverage Page 7
E.Property at Unspecified Locations Coverage –Property Damage and
Time Element Combined Page 7
F.Property in Transit –Property Damage and Time Element Combined Page 7
G.Worldwide Media and Accounts Receivable Coverage Page 9
III.ADDITIONAL COVERAGES
A.Contaminants or Pollutants Clean Up and Removal Coverage –
Property Damage and Time Element Combined Page 9
B.Contamination by a Refrigerant Coverage Page 10
C.Contractual Penalties Coverage Page 10
D.Denial of Access Coverage Page 10
E.Electronic Vandalism Coverage –Property Damage and Time Element Combined Page 11
F.Employee Theft Coverage Page 12
G.Equipment Breakdown –Spoilage Coverage Page 12
H.Expense to Reduce Loss –Business Income Coverage Page 13
I.Extended Indemnity Period –Business Income Coverage Page 13
J.Forgery or Alteration Coverage Page 13
K.Fungi,Wet Rot,Dry Rot or Microbe Coverage –Property Damage
and Time Element Combined Page 13
CNA62648XX 10-15 Page 1 of 31
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Business Property Coverage Part
L.Loss Adjustment Expense Coverage Page 14
M.Money and Securities Coverage Page 14
N.Newly Acquired Locations and Property Coverage Page 15
O.Ordinance or Law Coverage Page 16
P.Pair or Set Coverage Page 17
Q.Protection of Property Coverage Page 18
R.Reported Unspecified Locations Page 18
S.Research and Development Coverage Page 19
T.Theft Damage to Non Owned Building Coverage Page 19
U.Trees,Shrubs,Plants or Lawns Coverage Page 19
V.Unintentional Errors or Omissions Coverage Page 20
W.Utility Supply Failure Coverage Page 21
IV.ADDITIONAL COVERAGE BASKET
A.Accounts Receivable Coverage Page 22
B.Fine Arts Coverage Page 22
C.Fire Department Service Charge Coverage Page 22
D.Lessee Leasehold Interest Coverage Page 23
E.Lost Key Replacement Coverage Page 23
F.Non Owned Detached Trailers Coverage Page 23
G.Recharge of Fire Protection Equipment Coverage Page 23
H.Restoration of Media Coverage Page 23
I.Reward Payments Coverage Page 24
V.EXCLUSIONS
A.Excluded Perils Subject to Concurrent Causation Provisions Page 24
B.Other Excluded Perils Page 25
C.Limitations Page 28
D.Excluded Fees,Costs and Expenses Page 29
VI.LIMITS OF INSURANCE /INDEMNITY PERIOD /DEDUCTIBLE /QUALIFYING PERIOD
A.Limits of Insurance Page 29
B.Special Limits Page 29
C.Maximum Period of Indemnity Page 29
D.Monthly Limit of indemnity Page 29
E.Inflation Guard Page 30
F.Deductibles and Qualifying Periods Page 30
CNA62648XX 10-15 Page 2 of 31
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CNA PARAMOUNT
Business Property Coverage Part
The following coverages apply to the extent shown in the Business Property Schedule of Coverages and Limits or
the Business Property Schedule of Locations.
I.LOCATION COVERAGES
A.Location Base Coverage
1.Real Property Coverage
The Insurer will pay for direct physical loss of or damage to real property at a location directly caused by a
covered peril.
The most the Insurer will pay for any one occurrence for such loss or damage is the applicable Real
Property Coverage Limit of Insurance shown in the Business Property Schedule of Locations at that
location.
2.Personal Property Coverage
The Insurer will pay for direct physical loss of or damage to personal property at a location directly caused
by a covered peril.
The most the Insurer will pay for any one occurrence for such loss or damage is the applicable Personal
Property Coverage Limit of Insurance shown in the Business Property Schedule of Locations at that
location.
3.Time Element Coverage
a.Business Income Coverage
The Insurer will pay for the actual loss of business income the Named Insured sustains during the
period of restoration due to the necessary suspension or delay of operations caused by direct
physical loss of or damage to property at a location directly caused by a covered peril.
The most the Insurer will pay for any one occurrence for such loss of business income is the applicable
Business Income Coverage Limit of Insurance shown in the Business Property Schedule of
Locations at that location.
b.Extra Expense Coverage
The Insurer will pay extra expense caused by direct physical loss of or damage to property at a location
directly caused by a covered peril.
The most the Insurer will for pay for any one occurrence for such extra expense is the applicable Extra
Expense Coverage Limit of Insurance shown in the Business Property Schedule of Locations at that
location.
c.Business Income and Extra Expense Coverage
If a Business Income and Extra Expense Coverage Limit of Insurance is shown in the Business
Property Schedule of Locations at a location,the Insurer will pay for the actual loss of business
income the Named Insured sustains during the period of restoration due to the necessary suspension
or delay of operations,and extra expense,caused by direct physical loss of or damage to property at
that location directly caused by a covered peril.
The most the Insurer will pay for any one occurrence for all such loss of business income and extra
expense is the applicable Business Income and Extra Expense Coverage Limit of Insurance.
B.Fees,Costs and Expenses Coverages
If the Insurer pays for loss or damage to any insured property pursuant to any Location Base Coverage shown
in Paragraph A.above,or at reported unspecified locations,the Insurer will also pay for the following
reasonable and necessary fees,costs and expenses incurred by the Named Insured in connection with such
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covered loss or damage.The most the Insurer will pay for any of the following Fees,Costs and Expenses
Coverages are the Limits of Insurance shown in the Business Property Schedule of Coverages and Limits.
Limits for these coverages apply in addition to any other applicable Limits of Insurance,unless otherwise stated.
Limits of Insurance applicable at a location that differ for a specific location will be shown in the Business
Property Schedule of Locations for that location.Those Limits replace,and are not in addition to,the Limits of
Insurance shown in the Business Property Schedule of Coverages and Limits for those specific coverages
and locations.If any of these coverages do not apply at any specific location,the Limit of Insurance will show as
Not Covered for those locations.
1.Architects &Engineers and Other Professional Fees
The Insurer will pay the fees incurred for the services of architects,engineers or construction consultants
approved by the Insurer and resulting directly from the repair or replacement of such insured property.
The amount the Insurer will pay for such fees is included within the applicable Real Property Coverage or
Personal Property Coverage Limits of Insurance.
2.Brands &Labels Costs and Expenses
In accordance with the LOSS PAYMENT Condition in the First Party Terms and Conditions,the Insurer will
pay the costs and expenses incurred to remove the brands and labels from merchandise or finished stock
and to stamp "salvage"on such merchandise or finished stock or its containers.
The amount the Insurer will pay for all such costs and expenses is included within the applicable Personal
Property Coverage Limit of Insurance.
3.Debris Removal Costs and Expenses
The Insurer will pay the costs and expenses incurred to remove debris of covered property remaining after
such loss or damage.
Debris Removal Costs and Expenses does not include the costs or expenses of removing,extracting or
disposing of contaminants or pollutants from land or water.
The amount the Insurer will pay for all such costs and expenses is included within the remaining Limit of
Insurance for the applicable covered property after payment of the covered physical loss or damage.
4.Debris Removal
a.Additional Costs and Expenses
If the amount incurred for the covered loss or damage to covered property,including Debris Removal
Costs and Expenses,exceeds the applicable Limit of Insurance for such covered property,the Insurer
will pay the remaining debris removal costs and expenses incurred.
The most the Insurer will pay for such remaining debris removal costs and expenses at any one location
or reported unspecified location for any one occurrence is the Debris Removal –Additional Costs
and Expenses Limit of Insurance.
b.Uncovered Property
If wind causes direct physical loss of or damage to covered property,the Insurer will also pay for the
expense the Named Insured incurs to remove debris of uncovered property that is blown onto a location
or reported unspecified location by wind and to remove debris of outdoor trees,shrubs,plants or
lawns damaged by wind.
The most the Insurer will pay for uncovered property at any one location or reported unspecified
location for any one occurrence is the Debris Removal –Uncovered Property Limit of Insurance.
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5.Expediting Costs and Expenses
The Insurer will pay the additional costs and expenses incurred for temporary repair of damage to covered
property and the additional expenses incurred for expediting the permanent repair or replacement of such
damaged covered property.However,the Insurer will not pay such costs and expenses if they are covered
elsewhere in this coverage part.
The most the Insurer will pay for all such costs and expenses at any one location or reported unspecified
location for any one occurrence is the Expediting Costs and Expenses Limit of Insurance.
6.Green Insured Property
a.Costs and Expenses
With respect to green insured property,the Insurer will pay the costs and expenses incurred:
i.to reuse or salvage building materials and products;
ii.to extract recyclable construction waste and transport it to recycling facilities instead of landfills but
only to the extent they are not offset by any income derived from the recycling;
iii.for the services of accredited architects or engineers approved by the Insurer in planning and
designing the applicable green insured property qualifying repairs or rebuild;
iv.to re-certify the repaired or replaced insured property through the applicable green insured
property accreditation organization;and
v.to flush-out the air in the repaired or rebuilt green insured property and replace it with outside air
ventilated through an air filtration system included as part of the repaired or replaced green insured
property.
The amount the Insurer will pay for all such costs and expenses is included within the applicable Real
Property Coverage or Personal Property Coverage Limits of Insurance.
b.Time Element
To the extent time element coverage is applicable at that location or reported unspecified location,
the Insurer will pay,as provided,for loss of business income or extra expense arising out of extra time
required to re-qualify,repair or rebuild the green insured property,including:
i.additional costs to obtain power from a public utility for covered equipment that uses solar,wind,
geo-thermal or other renewable resources to generate power.These additional costs will be paid
until such time as such green insured property is repaired and operating;and
ii.the monetary loss of rebates and credits the Named Insured receives from the public utility company
for surplus power the Named Insured’s renewable resources provide into the utility’s power grid.
The amount the Insurer will pay for such all such loss and expense is included within the applicable time
element coverage Limit of Insurance.
c.This Green Insured Property Coverage does not apply to:
i.green insured property for which the basis of valuation is other than replacement cost;or
ii.costs or expenses to upgrade the damaged green insured property to green standards beyond
those that existed in the damaged green insured property at the time of loss or damage.
II.OFF-SITE COVERAGES
The following OFF-SITE COVERAGES apply as shown in the Business Property Schedule of Coverages and
Limits,up to the applicable Limit of Insurance shown.If a specific Location Base Coverage is not provided
elsewhere in this Business Property Coverage Part,there is no coverage under its corresponding OFF-SITE
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COVERAGE.For example,if the Named Insured does not have coverage for business income under the Location
Base Coverages,then there is no such coverage related to business income under any of the OFF-SITE
COVERAGES.Limits for these OFF-SITE COVERAGES apply in addition to any other applicable Limits of Insurance,
unless otherwise stated.
A.Deferred Payments Coverage
1.The Insurer will pay the Named Insured's financial interest in personal property sold on an installment,
conditional sale or other deferred payment basis.The Insurer will make such payments only if such personal
property suffers direct physical loss or damage due to a covered peril after delivery to the purchaser,and
only if the Named Insured is unable to collect after making all reasonable efforts to do so.
2.The most the Insurer will pay for such payments under this OFF-SITE COVERAGE for any one occurrence
is the lesser of the Named Insured’s financial interest in such personal property or the Deferred Payments
Coverage Limit of Insurance.
The Limit for this OFF-SITE COVERAGE is included in,and not in addition to,any other applicable Limits of
Insurance.
B.Dependent Property Time Element Coverage
1.To the extent time element coverage is applicable at that location or reported unspecified location,the
Insurer will pay,as provided,for:
a.the actual loss of business income the Named Insured sustains during the period of restoration due
to the necessary suspension or delay of operations;
b.the actual loss of research and development business income the Named Insured sustains during the
period of restoration due to the necessary suspension or delay of research and development projects;
and
c.extra expense,
caused by direct physical loss of or damage to property at a dependent property located anywhere in the
world.The loss or damage must be directly caused by a covered peril.
2.The most the Insurer will pay for all loss and expense under this OFF-SITE COVERAGE for any one
occurrence is the Dependent Property Time Element Coverage Limit of Insurance.
3.The Insurer will not pay for loss of business income or extra expense caused by or resulting from
earthquake or flood under this OFF-SITE COVERAGE,even if they are otherwise covered perils.
C.Installation Coverage
1.The Insurer will pay for direct physical loss of or damage to installation property directly caused by a
covered peril while such installation property is at an installation location or a temporary warehousing
premises:
a.awaiting and during installation,fabrication,erection,certifying,servicing or testing;or
b.awaiting acceptance by the purchaser.
2.The most the Insurer will pay for all loss or damage under this OFF-SITE COVERAGE for any one
occurrence is the Installation Coverage Limit of Insurance.
3.This Installation Coverage does not apply to loss or damage at any premises,location or reported
unspecified location owned by the Named Insured,or to property in the due course of transit.
4.This Installation Coverage will end on the date when any of the following first occurs:
a.the Policy expires;
b.the Named Insured’s insurable interest in the property ceases;
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c.the installation,fabrication or erection project is accepted by the purchaser as complete;or
d.the Named Insured abandons the installation,fabrication or erection project with no intention to complete
it.
D.Mobile Computing Devices –Worldwide Coverage
1.The Insurer will pay for direct physical loss of or damage to mobile computing devices while outside the
coverage territory,except within any country upon which the United States government has imposed
sanctions,embargoes or similar prohibitions.The loss or damage must be directly caused by a covered
peril.
2.The most the Insurer will pay for loss or damage under this OFF-SITE COVERAGE for any one occurrence
is the Mobile Computing Devices –Worldwide Coverage Limit of Insurance.
E.Property at Unspecified Locations Coverage –Property Damage and Time Element Combined
1.The Insurer will pay for direct physical loss of or damage to insured property,research and development
project property and fine arts at an unspecified location,or while in the custody of a salesperson,directly
caused by a covered peril.
The coverage provided for fine arts under this OFF-SITE COVERAGE is subject to the provisions of the Fine
Arts Coverage in the ADDITIONAL COVERAGE BASKET section,except the requirement that such
property be at a location or reported unspecified location.
2.To the extent time element coverage is applicable under this Business Property Coverage Part,the
Insurer will pay,as provided,for:
a.the actual loss of business income the Named Insured sustains during the period of restoration due
to the necessary suspension or delay of operations;
b.the actual loss of research and development business income the Named Insured sustains during the
period of restoration due to the necessary suspension or delay of research and development projects;
and
c.extra expense,
caused by loss of or damage to insured property,research and development project property and fine
arts at an unspecified location or while in the custody of a salesperson directly caused by a covered peril.
3.The most the Insurer will pay for all loss,damage or expense combined under this OFF-SITE COVERAGE:
a.at any one unspecified location for any one occurrence is the Property at Unspecified Locations
Coverage –Property Damage and Time Element Unspecified Location Limit of Insurance.
b.for all unspecified locations for any one occurrence,regardless of the number of unspecified
locations involved,is the Property at Unspecified Locations Coverage –Property Damage and Time
Element Unspecified Locations Combined Limit of Insurance.
4.This Property at Unspecified Locations Coverage does not apply to:
a.property in transit,other than while in the custody of salespersons as described in Paragraph E.1.above;
b.property that is covered under the Protection of Property Coverage of the ADDITIONAL COVERAGES
section.
5.The Earth Movement and Flood Excluded Perils under the EXCLUSIONS section do not apply only with
respect to unspecified locations that the Named Insured does not own,operate or lease.
F.Property in Transit Coverage –Property Damage and Time Element Combined
1.The Insurer will pay for direct physical loss of or damage to insured property,research and development
project property,fine arts,media and records of accounts receivable directly caused by a covered peril
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while in the course of transit from the time such property is being loaded at the initial point of shipment and
continuously thereafter,until unloaded at the final destination,or if undeliverable,the time it is returned to the
location or reported unspecified location,including:
a.general average or salvage charges that are assessed;and
b.reasonable and necessary expense the Named Insured incurs to inspect,repackage and reship such
property.
The coverage provided for fine arts,records of accounts receivable and media under this OFF-SITE
COVERAGE are subject to the provisions of the Fine Arts Coverage,Accounts Receivable Coverage and
Restoration of Media Coverage,respectively,in the ADDITIONAL COVERAGE BASKET section,except
the requirement that such property be at a location or reported unspecified location.
2.To the extent time element coverage is applicable under this Business Property Coverage Part,the
Insurer will also pay,as provided,for:
a.actual loss of business income the Named Insured sustains during the period of restoration due to
the necessary suspension or delay of operations;
b.the actual loss of research and development business income the Named Insured sustains during the
period of restoration due to the necessary suspension or delay of research and development projects;
and
c.extra expense,
caused by loss of or damage to insured property,research and development project property,fine arts
and media while in the course of transit directly caused by a covered peril.
3.The most the Insurer will pay for all loss,damage or expense combined under this OFF-SITE COVERAGE for
any one occurrence is the Property in Transit Coverage –Property Damage and Time Element Limit of
Insurance.
4.When neither the origin nor the destination is in any country upon which the United States government
imposes sanction,embargoes or similar provisions,the following applies:
a.If the property is transported by an aircraft,the coverage territory is extended to be anywhere in the
world for that property while in transit;or
b.If the property is transported by an oceangoing vessel,transit coverage ends when the property has been
loaded on the oceangoing vessel and only commences when the property has been fully discharged from
such vessel onto a point within the coverage territory.
5.This Property in Transit Coverage does not apply to:
a.import shipments until marine insurance coverage ceases;
b.personal property of others hauled on vehicles owned,leased or operated by the Named Insured
when acting as a common or contract carrier,regardless of the Named Insured’s liability for such
property;
c.property sold by the Named Insured under conditional sale,trust agreement or installment payment after
delivery to customers;
d.property shipped by common carrier or postal service unless such shipment is electronically tracked by
such carrier or service;or
e.property while in the custody of salespersons.
6.In the event of any loss of or damage to personal property in transit,the Named Insured must immediately
make a claim in writing against the carrier,bailee or others involved.
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7.The Earth Movement and Flood Excluded Perils under the EXCLUSIONS section do not apply with respect
to this OFF-SITE COVERAGE.
G.Worldwide Media and Accounts Receivable Coverage
1.The Insurer will pay for direct physical loss of or damage to media and records of accounts receivable
directly caused by a covered peril while such property is at a premises other than a location or reported
unspecified location.
2.With respect to coverage provided under this OFF-SITE COVERAGE,the coverage territory is extended to
be anywhere in the world,except within any country upon which the United States government has imposed
sanctions,embargoes or similar prohibitions.
3.The most the Insurer will pay for all loss or damage under this OFF-SITE COVERAGE for any one
occurrence is the Worldwide Media and Accounts Receivable Coverage Limit of Insurance.
4.The Earth Movement and Flood Excluded Perils under the EXCLUSIONS section do not apply under this
OFF-SITE COVERAGE,but only when such property is at premises that the Named Insured does not own,
operate or lease.
III.ADDITIONAL COVERAGES
The following ADDITIONAL COVERAGES apply up to the applicable Limit of Insurance shown under the Business
Property Schedule of Coverages and Limits.If a particular coverage is shown as Not Covered then such coverage
is not provided under this Business Property Coverage Part.
Limits of Insurance for an ADDITIONAL COVERAGE that differ at any specific location will be shown under the
Business Property Schedule of Locations for that location.Those Limits of Insurance replace,and are not in
addition to,the Limit of Insurance shown for that ADDITIONAL COVERAGE in the Business Property Schedule of
Coverages and Limits.If any ADDITIONAL COVERAGE does not apply at a specific location,that ADDITIONAL
COVERAGE will be shown as Not Covered at that location.
If a specific Location Base Coverage is not provided at a location or at reported unspecified locations in this
Business Property Coverage Part,there is no coverage under its corresponding ADDITIONAL COVERAGE.For
example,if the Named Insured does not have a Location Base Coverage for business income for one or more
locations or reported unspecified location,then there is no coverage related to business income under any of the
ADDITIONAL COVERAGES for business income.
Limits for these ADDITIONAL COVERAGES apply in addition to any other applicable Limits of Insurance,unless
otherwise stated.
A.Contaminants or Pollutants Clean Up and Removal Coverage –Property Damage and Time Element
Combined
1.The Insurer will pay for the reasonable costs and expenses to extract or remove contaminants or pollutants
from land or water at a location or reported unspecified location,provided such contaminants or
pollutants are in the land or water as a direct result of a covered peril.These costs and expenses include
the costs and expenses to test for,monitor or assess the existence,concentration or effects of contaminants
or pollutants.
The Insurer will pay these costs and expenses only if reported to the Insurer within 180 consecutive days of
the date on which the covered peril occurs.
2.To the extent time element coverage is applicable at that location or reported unspecified location,the
Insurer will also pay,as provided,for:
a.the actual loss of business income the Named Insured sustains during the period of restoration due
to the necessary suspension or delay of operations;
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b.the actual loss of research and development business income the Named Insured sustains during the
period of restoration due to the necessary suspension or delay of research and development projects;
and
c.extra expense,
as a result of compliance with an ordinance or law that requires the clean up or removal of contaminants or
pollutants from land or water at a location or reported unspecified location as a direct result of a covered
peril.
3.The most the Insurer will pay for all loss,cost or expense combined under this ADDITIONAL COVERAGE at
any one location or reported unspecified location for any one occurrence is the Contaminants or
Pollutant Clean Up and Removal Coverage –Property Damage and Time Element Combined Limit of
Insurance.
B.Contamination by a Refrigerant Coverage
1.The Insurer will pay for direct physical loss of or damage to personal property caused by the release or
escape of refrigerants from any refrigeration equipment at a location or reported unspecified location
provided the release or escape was not caused by or resulting from earthquake or flood,even if those are
otherwise covered perils.
2.The most the Insurer will pay for loss or damage under this ADDITIONAL COVERAGE at any one location
or reported unspecified location for any one occurrence is the Contamination by a Refrigerant
Coverage Limit of Insurance.
The Limit for this ADDITIONAL COVERAGE is included in,and not in addition to,any other applicable
Personal Property Coverage Limit of Insurance.
3.The Contaminants or Pollutants Excluded Peril under the EXCLUSIONS section does not apply,but only to
the extent of the coverage provided under this ADDITIONAL COVERAGE.
C.Contractual Penalties Coverage
1.The Insurer will pay for contractual penalties specified in a written contract that the Named Insured incurs for
material breach of the terms of such contract where such breach is the result of direct physical loss of or
damage to covered property directly caused by a covered peril.
2.The most the Insurer will pay for such contractual penalties under this ADDITIONAL COVERAGE for any one
occurrence is the Contractual Penalties Coverage Limit of Insurance.
D.Denial of Access Coverage
To the extent time element coverage is applicable at that location or reported unspecified location,the
following coverages apply at the location or reported unspecified location where the suspension or delay of
operations occurs:
1.Civil Authority
a.For up to the number of days shown on the Business Property Schedule of Coverages and Limits,the
Insurer will pay,as provided,for:
i.The actual loss of business income the Named Insured sustains during the period of restoration
due to the necessary suspension or delay of operations;
ii.the actual loss of research and development business income the Named Insured sustains
during the period of restoration due to the necessary suspension or delay of the research and
development projects;and
iii.extra expense,
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caused by action of civil authority that prohibits access to the location or reported unspecified location.
Such action must result from a civil authority's response to direct physical loss of or damage to property
located away from a location or reported unspecified location.That lost or damaged property must be
within five miles of that location or reported unspecified location which sustains a business income
or research and development business income loss or where extra expense is incurred.The loss or
damage must be directly caused by a covered peril.
b.The amount the Insurer will pay for all loss or expense under this Civil Authority Coverage is included
within the applicable time element coverage Limit of Insurance.
c.However,to the extent the covered Civil Authority Coverage loss or expense is caused by or resulting
from:
i.flood,the amount payable under this Civil Authority Coverage is included within,and not in
addition to,the applicable Flood Limit of Insurance.
ii.earthquake,the amount payable under this Civil Authority Coverage is included within,and not in
addition to,the applicable Earthquake Limit of Insurance.
2.Ingress/Egress
a.The Insurer will pay,as provided,for:
i.the actual loss of business income the Named Insured sustains during the period of restoration
due to the necessary suspension or delay of operations;
ii.the actual loss of research and development business income the Named Insured sustains
during the period of restoration due to the necessary suspension or delay of the research and
development projects;and
iii.extra expense,
when ingress or egress by the Named Insured's suppliers,customers or employees to or from the
location or reported unspecified location is physically obstructed due to direct physical loss or
damage.The actual loss of business income or research and development business income
sustained,or extra expense incurred,by the Named Insured must be caused by direct physical loss of
or damage to property not owned,occupied,leased or rented by the Named Insured or insured under
this Business Property Coverage Part.That property must be located within five miles of such location
or reported unspecified location.The obstruction cannot be the result of an action of civil authority that
prohibits access to that location or reported unspecified location.The loss or damage must be directly
caused by a covered peril.
b.The most the Insurer will pay for all loss or expense under this Ingress/Egress Coverage at any one
location or reported unspecified location for any one occurrence is the Ingress/Egress Coverage
Limit of Insurance.
c.However,to the extent the covered Ingress/Egress Coverage loss or expense is caused by or resulting
from:
i.flood,the amount payable under this Ingress/Egress Coverage is included within,and not in
addition to,the applicable Flood Limit of Insurance.
ii.earthquake,the amount payable under this Ingress/Egress Coverage is included within,and not in
addition to,the applicable Earthquake Limit of Insurance.
E.Electronic Vandalism Coverage –Property Damage and Time Element Combined
1.The Insurer will pay for loss of or damage to media,electronic data processing equipment,research and
development project property and records of accounts receivable caused by or resulting from electronic
vandalism originating anywhere in the world.
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2.To the extent time element coverage is applicable,the Insurer will also pay,as provided,for:
a.the actual loss of business income the Named Insured sustains during the period of restoration due
to the necessary suspension or delay in operations;
b.the actual loss of research and development business income the Named Insured sustains during the
period of restoration due to the necessary suspension or delay of research and development projects;
and
c.extra expense,
directly caused by electronic vandalism.
3.The Insurer will not pay for electronic vandalism loss caused by or resulting from any deliberate,dishonest,
fraudulent or criminal acts committed by or on behalf of,or at the direction of,any executive officer.
4.The most the Insurer will pay for all loss,damage or expense combined under this ADDITONAL COVERAGE
in the policy period is the Electronic Vandalism Coverage –Property Damage and Time Element
Combined Aggregate Limit of Insurance.
5.The Electronic Vandalism and Dishonest Acts Excluded Perils under the EXCLUSIONS section do not
apply,but only to the extent of the coverage provided under this ADDITIONAL COVERAGE.
F.Employee Theft Coverage
1.The Insurer will pay for loss of or damage to personal property,money,securities and fine arts as a direct
result of employee theft.
2.The Insurer will not pay for such loss:
a.caused by any employee of the Named Insured,or predecessor in interest of the Named Insured,for
whom similar prior insurance was cancelled and not reinstated since the last such cancellation.
b.if the proof of existence or amount is dependent upon an inventory computation or a profit and loss
computation.However,where the Named Insured establishes wholly apart from such computations that
it has sustained such loss or damage,then it may offer its inventory records and actual physical count of
inventory in support of the amount claimed.
c.resulting directly or indirectly from trading,whether in the Named Insured’s name or in a genuine or
fictitious account.
d.resulting from fraudulent or dishonest signing,issuing,cancelling or failing to cancel,a warehouse receipt
or bill of lading or any papers connected with either.
3.The most the Insurer will pay for all loss or damage under this ADDITIONAL COVERAGE for any one
occurrence is the Employee Theft Coverage Limit of Insurance.
4.The Dishonest Acts Excluded Peril under the EXCLUSIONS section does not apply,but only to the extent of
the coverage provided under this ADDITIONAL COVERAGE.
G.Equipment Breakdown -Spoilage Coverage
1.The Insurer will pay for direct physical loss of or damage to personal property directly caused by the loss of
or changes in any artificially maintained or generated temperature,humidity or internal atmosphere resulting
from an equipment breakdown peril to covered equipment at the location or reported unspecified
location.
2.The most the Insurer will pay for loss or damage under this ADDITIONAL COVERAGE at any one location
or reported unspecified location for any one occurrence is the Equipment Breakdown –Spoilage
Coverage Limit of Insurance.
The Limit for this ADDITIONAL COVERAGE is included in,and not in addition to,any other applicable Limits
of Insurance.
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3.The Adulteration or Contamination and the Temperature or Humidity Conditions Excluded Perils under
the EXCLUSIONS section do not apply,but only to the extent of the coverage provided under this
ADDITIONAL COVERAGE.
H.Expense to Reduce Loss –Business Income Coverage
The Insurer will pay reasonable and necessary expenses incurred by the Named Insured,except the cost of
extinguishing a fire,to reduce the amount of business income or research and development business income
loss.The Insurer will pay such expenses to the extent that they do not exceed the amount of loss that otherwise
would have been payable under the Business Income Coverage.
The amount the Insurer will pay for such expenses under this ADDITIONAL COVERAGE is included within the
applicable Business Income Coverage Limit of Insurance.
I.Extended Indemnity Period –Business Income Coverage
1.If loss of business income is payable under this Business Property Coverage Part,the Insurer will also
pay for the actual loss of business income the Named Insured sustains during the extended indemnity
period.
This extended indemnity period begins on the date the period of restoration ends and it terminates on the
earlier of:
a.the date the Named Insured's gross sales,including rental income,are restored to the amount that
would have existed if no direct physical loss or damage occurred;or
b.the date on which the specified number of days shown in the Business Property Schedule of
Coverages and Limits have elapsed after the end of the period of restoration.
2.The amount the Insurer will pay for loss of business income under this ADDITIONAL COVERAGE is
included within the applicable Business Income Coverage or Business Income and Extra Expense
Coverage Limit of Insurance.
3.This Extended Indemnity Period -Business Income Coverage does not apply to loss of business income
resulting from unfavorable business conditions as a result of the impact of a covered peril in the area of the
affected location or reported unspecified location.
4.This Extended Indemnity Period -Business Income Coverage does not apply to any other ADDITIONAL
COVERAGE or the ADDITIONAL COVERAGE BASKET.
J.Forgery or Alteration Coverage
1.The Insurer will pay for loss sustained by the Named Insured resulting from forgery or alteration of or on
covered instruments that are made or drawn by,or drawn upon:
a.the Named Insured;or
b.one acting as the Named Insured’s agent,
or that are purported to have been so made or so drawn,by any person,acting alone or together with others.
Mechanically reproduced facsimile signatures are the same as handwritten signatures.
2.The most the Insurer will pay for all loss under this ADDITIONAL COVERAGE for any one occurrence is the
Forgery or Alteration Coverage Limit of Insurance.
K.Fungi,Wet Rot,Dry Rot and Microbe Coverage –Property Damage and Time Element Combined
1.The Insurer will pay the following provided fungi,wet rot,dry rot or microbes are the direct result of a
covered peril,other than fire or lightning:
a.direct physical loss of or damage to covered property caused by fungi,wet rot,dry rot or microbes,
including the cost of removing the fungi,wet rot,dry rot or microbes;
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b.the reasonable cost to tear out and replace any part of the covered building or other property as needed
to gain access to the fungi,wet rot,dry rot or microbes;and
c.the cost of testing performed after removal,repair,replacement or restoration of the damaged property is
completed,provided there is reason to believe that fungi,wet rot,dry rot or microbes are still present.
2.To the extent time element coverage is applicable at that location or reported unspecified location,the
Insurer will also pay,as provided,for:
a.the actual loss of business income the Named Insured sustains during the period of restoration due
to the necessary suspension or delay in operations;
b.the actual loss of research and development business income the Named Insured sustains during the
period of restoration due to the necessary suspension or delay of research and development projects;
and
c.extra expense,
due to the:
i.direct physical loss of or damage to covered property caused by fungi,wet rot,dry rot or microbes that
are the result of a covered peril,other than fire or lightning;or
ii.prolonged period of restoration due to the remediation of fungi,wet rot,dry rot or microbes from a
covered loss.
3.The most the Insurer will pay under this ADDITIONAL COVERAGE for all loss,damage,cost or expense
combined in the policy period is the Fungi,Wet Rot,Dry Rot and Microbe Coverage –Property Damage
and Time Element Combined Aggregate Limit of Insurance.This Limit is the most the Insurer will pay,even
if the fungi,wet rot,dry rot or microbes continue to be present or active or recur in a later policy period.
4.The Fungi,Wet Rot,Dry Rot and Microbes Excluded Peril under the EXCLUSIONS section does not apply,
but only to the extent of the coverage provided under this ADDITIONAL COVERAGE.
L.Loss Adjustment Expense Coverage
1.The Insurer will pay for reasonable and necessary expenses incurred by the Named Insured in preparing
claim data when required by the Insurer,including the cost of taking inventories,obtaining appraisals and
preparing other documentation,to determine the extent of covered loss or damage.
2.The Insurer will not pay for any fees,costs or expenses incurred,directed or billed by,or payable to
attorneys,public adjusters,loss adjusters,loss consultants,insurance brokers or agents or their associates or
subsidiaries,or any costs as described in the APPRAISAL Condition of the First Party Terms and
Conditions.
3.The most the Insurer will pay for all expenses incurred under this ADDITIONAL COVERAGE for any one
occurrence is the Loss Adjustment Expense Coverage Limit of Insurance.
M.Money and Securities Coverage
1.The Insurer will pay for loss sustained by the Named Insured as a direct result of the actual destruction,
disappearance or theft of money and securities:
a.at a location,reported unspecified location or the premises of a bank or savings institution;or
b.away from:
i.a location;
ii.a reported unspecified location;or
iii.the premises of a bank or savings institution,
while in the care and custody of a messenger or an armored motor vehicle company.
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2.The most the Insurer will pay for all loss under this ADDITIONAL COVERAGE for any one occurrence is the
Money and Securities Coverage Limit of Insurance.
3.The Insurer will not pay any loss or damage sustained by the Named Insured caused by or resulting from:
a.accounting or arithmetical errors or omissions;
b.dishonest or criminal acts by the Named Insured,executive officers,employees,authorized
representatives or anyone else to whom money or securities have been entrusted,other than an
armored motor vehicle company:
i.acting alone or in collusion with others;or
ii.whether or not occurring during the hours of employment;
c.giving or surrendering of the property in any exchange or purchase;
d.voluntary parting with money or securities by the Named Insured or anyone else to whom it has
entrusted such property if induced to do so by any fraudulent scheme,trick,device or false pretense;
e.transfer or surrender of money or securities on the basis of unauthorized instructions,to a person or
place outside:
i.a location;
ii.a reported unspecified location;or
iii.the premises of a banking or savings institution;or
f.transactions involving any automated teller machine unless recorded by a continuous recording
instrument in such machine.
4.The only Excluded Perils under the EXCLUSIONS section that apply to this ADDITIONAL COVERAGE are
Biological or Chemical Material,Governmental Action,Nuclear Hazard and War and Military Action.
N.Newly Acquired Locations and Property Coverage
1.Newly Acquired or Constructed Real Property
a.The Insurer will pay for direct physical loss of or damage to real property,including new buildings while
being built:
i.at a newly acquired location;or
ii.at a location or reported unspecified location,if coverage is not currently shown for real property
at that location on the Business Property Schedule of Locations or for reported unspecified
locations,
directly caused by a covered peril.
b.The most the Insurer will pay for all loss or damage under this Newly Acquired or Constructed Real
Property coverage for any one occurrence is the Newly Acquired or Constructed Real Property Limit
of Insurance.
2.Newly Acquired –Other Property
a.The Insurer will pay for direct physical loss of or damage:
i.to personal property,fine arts,media and records of accounts receivable at a newly acquired
location;and
ii.to personal property if coverage is not currently shown for personal property at that location on
the Business Property Schedule of Locations or for reported unspecified locations,
directly caused by a covered peril.
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b.The most the Insurer will pay for all loss or damage under this Newly Acquired Property –Other
Property coverage for any one occurrence is the Newly Acquired –Other Property Limit of Insurance.
c.The coverage provided under this ADDITIONAL COVERAGE for fine arts,records of accounts
receivable and media is subject to the provisions of the Fine Arts Coverage,Accounts Receivable
Coverage and Restoration of Media Coverage,respectively,under the ADDITIONAL BASKET
COVERAGE section except the requirement that such property be at a location or reported unspecified
location.
3.Newly Acquired Location –Time Element
a.To the extent time element coverage is applicable on the Business Property Coverage Part,the
Insurer will pay,as provided,for:
i.the actual loss of business income the Named Insured sustains during the period of restoration
due to the necessary suspension or delay in operations;
ii.the actual loss of research and development business income the Named Insured sustains
during the period of restoration due to the necessary suspension or delay of research and
development projects;and
iii.extra expense,
caused by loss or damage to property at a newly acquired location directly caused by a covered peril.
b.The most the Insurer will pay for all loss or expense under Newly Acquired Location –Time Element
coverage for any one occurrence is the Newly Acquired Location –Time Element Limit of Insurance.
4.This Newly Acquired Locations and Property Coverage expires on the date when any of the following first
occurs:
a.the Policy expires or is cancelled;
b.the number of consecutive days shown on the Business Property Schedule of Coverages and Limits
has passed from the date:
i.the premises becomes a newly acquired location;
ii.the Named Insured acquires such property at a location or reported unspecified location;or
iii.construction begins on new buildings;or
c.the Named Insured reports values to the Insurer.
5.The Insurer will charge the Named Insured additional premium for values reported from the date the
premises becomes a newly acquired location,the Named Insured acquires such property or the
construction begins on new buildings.
O.Ordinance or Law Coverage
If at the time of direct physical loss of or damage to insured property directly caused by a covered peril there is
an ordinance or law in effect regulating the construction,zoning,repair or land use of such insured property and,
as a result of such covered loss or damage,such ordinance or law requires code compliance in the repair or
replacement of such insured property,the following coverages apply:
1.Undamaged Insured Property
The Insurer will pay for the amount equal to the value of the undamaged portion of such insured property
that must be demolished in accordance with such ordinance or law.
The amount the Insurer will pay for all loss or damage under this Undamaged Insured Property coverage is
included within the applicable Real Property Coverage or Personal Property Coverage Limit of Insurance.
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2.Demolition and Repair Cost
The Insurer will pay for:
a.the cost of demolishing and removing the undamaged portion of the damaged insured property required
to be demolished because of such ordinance or law,including the cost of clearing the site;and
b.the increased cost of repair or reconstruction of such insured property on the same site or another site
because of such ordinance or law.If the Named Insured elects to do such repair or reconstruction at
another site,such costs are limited to the costs that would have been incurred in order to comply with the
minimum requirements of such ordinance or law regulating the repair or reconstruction of such insured
property on the same site.
The amount the Insurer will pay for all loss or damage under this Demolition and Repair Cost coverage is
included within the applicable Real Property Coverage or Personal Property Coverage Limit of Insurance
unless a separate Demolition and Repair Cost Limit of Insurance is shown.
If a separate Limit is shown,then the most the Insurer will pay under this Demolition and Repair Cost
coverage at any one location or reported unspecified location for any one occurrence is the Demolition
and Repair Cost Limit of Insurance.
3.Increased Period of Restoration
To the extent Business Income Coverage or Business Income and Extra Expense Coverage is
applicable at that location or reported unspecified location,the period of restoration includes any
increased period of time that results from the enforcement of an ordinance or law that requires the Named
Insured to repair or reconstruct the property or tear down undamaged portions of the property to meet the
minimum requirements of the ordinance or law in force at the time of loss or damage.
The amount the Insurer will pay under this Increased Period of Restoration coverage is included in the
applicable Business Income Coverage or Business Income and Extra Expense Coverage Limit of
Insurance.
4.The Insurer will not pay for any:
a.additional costs incurred if the damaged insured property is not repaired or reconstructed as soon as
reasonably possible;
b.increased period of restoration if the Named Insured does not resume operations with reasonable
speed;
c.costs attributable to any ordinance or law that the Named Insured was required to comply with before
the loss or damage;or
d.increase in costs or increased period of restoration required due to the enforcement of any ordinance or
law that requires the Named Insured or others to test for,monitor,clean up,remove,contain,treat,
detoxify or neutralize,demolish,repair,replace or in any way respond to or assess the effects of
contaminants or pollutants or the presence,growth,proliferation,spread or any activity of fungi,wet
rot,dry rot or microbes,except to the extent the Contaminants or Pollutant Clean Up and Removal
Coverage or the Fungi,Wet Rot,Dry Rot and Microbe Coverage –Property Damage and Time
Element Combined of the ADDITIONAL COVERAGES section applies.
5.The Governmental Action Excluded Peril under the EXCLUSIONS section does not apply,but only to the
extent of the coverage provided under this Ordinance or Law Coverage.
P.Pair or Set Coverage
1.The Insurer will pay an amount equal to the reduction in value of undamaged personal property that is part
of a pair or set that becomes unmarketable as a pair or set because of direct physical loss of or damage to
the other part of such personal property directly caused by a covered peril.
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2.The amount the Insurer will pay for such reduction in value under this ADDITIONAL COVERAGE is included
within the applicable Personal Property Coverage Limit of Insurance.
Q.Protection of Property Coverage
1.Removal of Insured Property
a.If it is necessary to move insured property from the location or reported unspecified location to
protect it from actual or imminent direct physical loss or damage caused by a covered peril,the Insurer
will pay for:
i.any loss of or damage to that insured property while it is being moved from,or returned to,the
location or reported unspecified location,or while temporarily stored at another premises for up to
the Number of Days shown in the Business Property Schedule of Coverages and Limits;and
ii.the reasonable cost to remove the insured property from the location or reported unspecified
location and the cost to move the insured property back.
b.The amount the Insurer will pay for all loss,damage or cost under this Removal of Insured Property
coverage is included within,and not in addition to,the applicable Real Property Coverage or Personal
Property Coverage Limit of Insurance.
2.Preservation of Insured Property
a.If it is necessary to protect insured property at the location or reported unspecified location from
imminent direct physical loss or damage by a covered peril,the Insurer will pay reasonable and
necessary costs the Named Insured incurs to protect such insured property from such imminent loss or
damage while at such location or reported unspecified location.
b.The most the Insurer will pay for all costs under this Preservation of Insured Property coverage for any
one occurrence is the Protection of Property Coverage Preservation of Insured Property Limit of
Insurance,subject to a $1,000 each occurrence deductible.No other deductible applies to this
Preservation of Insured Property Coverage.
R.Reported Unspecified Locations
1.Real Property Coverage and Personal Property Coverage
The Insurer will pay for direct physical loss of or damage to insured property at a reported unspecified
location directly caused by a covered peril.
The most the Insurer will pay for such loss or damage to real property at any one reported unspecified
location for any one occurrence is the applicable Reported Unspecified Locations Real Property Limit of
Insurance.
The most the Insurer will pay for such loss or damage to personal property at any one reported
unspecified location for any one occurrence is the applicable Reported Unspecified Location Personal
Property Limit of Insurance.
2.Business Income Coverage
The Insurer will pay for the actual loss of business income the Named Insured sustains during the period
of restoration due to the necessary suspension or delay of operations caused by direct physical loss of or
damage to property at a reported unspecified location directly caused by a covered peril.
The most the Insurer will pay for such loss of business income at any one reported unspecified location
for any one occurrence is the Reported Unspecified Locations Business Income Limit of Insurance.
3.Extra Expense Coverage
The Insurer will pay extra expense caused by direct physical loss of or damage to property at a reported
unspecified location directly caused by a covered peril.
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The most the Insurer will pay for such extra expense at any one reported unspecified location for any one
occurrence is the Reported Unspecified Locations Extra Expense Limit of Insurance.
S.Research and Development Coverage
1.Research and Development Project Property
The Insurer will pay for:
a.direct physical loss of or damage to research and development project property while at a location or
reported unspecified location directly caused by a covered peril;and
b.reasonable and necessary additional expenses the Named Insured incurs to minimize direct physical
loss of or damage to research and development project property,but only to the extent the loss of or
damage to research and development project property is reduced by such additional expenses.
The most the Insurer will pay for research and development project property under this ADDITIONAL
COVERAGE at any one location or reported unspecified location for any one occurrence is the Research
and Development Coverage Research and Development Project Property Limit of Insurance.
2.Research and Development Business Income
To the extent that Business Income Coverage or Business Income and Extra Expense Coverage is
applicable at that location or reported unspecified location,the Insurer will also pay,as provided,for the
loss of research and development business income that the Named Insured sustains during the period of
restoration due to the necessary suspension or delay of the Named Insured's research and development
projects in process caused by direct physical loss of or damage to property at a location or reported
unspecified location.The loss or damage must be directly caused by a covered peril.
The amount the Insurer will pay for research and development business income under this ADDITIONAL
COVERAGE at any one location or reported unspecified location for any one occurrence is included
within,and not in addition to,the applicable Business Income Coverage or Business Income and Extra
Expense Coverage Limit of Insurance unless a separate Research and Development Business Income
Limit of Insurance is shown.
If a separate Limit is shown,then the most the Insurer will pay under this Research and Development
Business Income coverage at any one location or reported unspecified location for any one occurrence
is the Research and Development Business Income Limit of Insurance.
T.Theft Damage to Non Owned Building Coverage
1.The Insurer will pay for direct physical loss of or damage to buildings at a location or reported unspecified
location in which the Named Insured is a tenant and does not own the building,caused directly by theft,
robbery or burglary,provided the Named Insured is obligated by the written lease in effect at the time of loss
or damage to pay for such loss or damage.
2.The amount the Insurer will pay for all loss or damage under this ADDITIONAL COVERAGE is included
within the applicable Personal Property Coverage Limit of Insurance.
3.This ADDITIONAL COVERAGE does not apply to theft that occurs after fire or explosion.
U.Trees,Shrubs,Plants or Lawns Coverage
1.The Insurer will pay for direct physical loss of or damage to outdoor trees,shrubs,plants or lawns,
including the expense to remove debris of outdoor trees,shrubs,plants or lawns,at a location or
reported unspecified location directly caused by:
a.fire;
b.lightning;
c.explosion;
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d.riot or civil commotion;
e.vehicles;or
f.aircraft.
2.The most the Insurer will pay for all loss or damage under this ADDITIONAL COVERAGE at any one
location or reported unspecified location for any one occurrence is the Trees,Shrubs,Plants or Lawns
Coverage Each Location Limit.Subject to this Each Location Limit,the most the Insurer will pay for any one
tree,shrub,plant or lawn is the Trees,Shrubs,Plants or Lawns Coverage Each Item Limit of Insurance.
V.Unintentional Errors or Omissions Coverage
1.The Insurer will pay for direct physical loss of or damage to covered property from a covered peril that is
not otherwise payable under this Business Property Coverage Part solely as a result of:
a.an unintentional error or omission by the Named Insured:
i.in the description or address of any insured property;or
ii.the inadvertent deletion of a location or reported unspecified location under the Policy;or
b.any unintentional failure by the Named Insured to include any premises owned or occupied by the
Named Insured at the inception date of the Policy.
2.To the extent time element coverage is applicable,the Insurer will also pay,as provided,for:
a.the actual loss of business income the Named Insured sustains during the period of restoration due
to the necessary suspension or delay in operations;
b.the actual loss of research and development business income the Named Insured sustains during the
period of restoration due to the necessary suspension or delay of research and development projects;
and
c.extra expense,
caused by loss of or damage to property from a covered peril that is not otherwise payable under this
Business Property Coverage Part solely as a result of:
i.an unintentional error or omission by the Named Insured:
(1)in the description or address of any insured property;or
(2)the inadvertent deletion of a location or reported unspecified location under the Policy;or
ii.any unintentional failure by the Named Insured to include any premises owned or occupied by the
Named Insured at the inception date of the Policy.
2.The most the Insurer will pay for all loss,damage,cost or expense combined under this ADDITIONAL
COVERAGE for any one occurrence is the Unintentional Errors or Omissions Coverage Limit of
Insurance.
3.There is no coverage for any unintentional error or unintentional omission in the reporting of values or the
coverage requested.It is a condition of this coverage that such unintentional error or omission be reported
and corrected when discovered.The Named Insured's premium will be adjusted accordingly to reflect the
date the premises should have been added had no error or omission occurred.
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W.Utility Supply Failure Coverage
1.Property Damage
The Insurer will pay for direct physical loss of or damage to covered property at a location or reported
unspecified location where such loss or damage is caused by the necessary suspension,interruption or
reduction of:
a.communication services,including internet access;or
b.power supply,fuel services or water services,
at that location or reported unspecified location.
Such suspension,interruption or reduction must be the result of a covered peril that causes or results in
direct physical loss of or damage to such utility service provider’s property,including overhead transmission
or distribution lines,used to provide the location or reported unspecified location with such services,
provided such property is not at a location or reported unspecified location.
The most the Insurer will pay for all such loss or damage to covered property under this ADDITIONAL
COVERAGE for any one occurrence is the Utility Supply Failure Coverage –Property Damage Limit of
Insurance.
2.Time Element
To the extent time element coverage is applicable at that location or reported unspecified location,the
Insurer will pay,as provided,for:
a.the actual loss of business income the Named Insured sustains during the period of restoration due
to the necessary suspension or delay of operations;
b.the actual loss of research and development business income the Named Insured sustains during the
period of restoration due to the necessary suspension or delay of the research and development
projects;and
c.extra expense,
caused by loss of or damage to a utility service provider's property that is located away from a location or
reported unspecified location and that property is used to provide internet,communication,power supply,
fuel services or water services to such location or reported unspecified location.The loss or damage must
be directly caused by a covered peril.
The most the Insurer will pay for all such loss or expense under this ADDITIONAL COVERAGE for any one
occurrence is the Utility Supply Failure Coverage –Time Element Limit of Insurance.
If a Deductible or Qualifying Period is shown on the Business Property Schedule of Locations for Utility
Supply Failure Coverage –Time Element Coverage,then the following replaces the Deductible and
Qualifying Periods provision of the LIMITS OF INSURANCE/INDEMNITY
PERIOD/DEDUCTIBLE/QUALIFYING PERIOD section for the Utility Supply Failure Coverage –Time
Element Coverage:
The Insurer will not pay for any loss of business income or research and development business income
or extra expense incurred for any one occurrence until the amount of loss or expense incurred exceeds the
applicable Deductible or until the length of the suspension or delay of operations exceeds the applicable
Qualifying Period shown in the Business Property Schedule of Locations.
If a Deductible applies,then the Insurer will pay the amount of actual business income or research and
development business income loss or extra expense incurred in excess of the applicable Deductible,up to
the applicable Limits of Insurance.
If a qualifying period applies and the qualifying period is exceeded,then the Insurer will pay for covered
loss and expense,calculated as of the time of such suspension or delay in operations,in excess of the
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applicable Property Deductible shown in the Business Property Schedule of Locations,unless a more
specific time element coverage deductible is shown.
3.However,to the extent the covered Utility Supply Failure loss,damage or expense is caused by or resulting
from covered:
i.flood,the total amount payable for all loss,damage or expense under this ADDITIONAL COVERAGE is
included within,and not in addition to,the applicable Flood Limit of Insurance.
ii.earthquake,the total amount payable for all loss,damage or expense under this ADDITIONAL
COVERAGE is included within,and not in addition to,the applicable Earthquake Limit of Insurance.
4.This ADDITIONAL COVERAGE does not apply to loss,damage or expense caused by physical loss of or
damage to satellites or any other orbiting equipment.
5.The Utility Services Excluded Peril under the EXCLUSIONS section does not apply,but only to the extent of
the coverage provided under this ADDITIONAL COVERAGE.
IV.ADDITIONAL COVERAGE BASKET
The following coverages are part of the ADDITIONAL COVERAGE BASKET.At the time of loss or damage,the
Named Insured may elect to apportion the Limit of Insurance to one or any combination of the coverages included in
this ADDITIONAL COVERAGE BASKET.However,the most the Insurer will pay at any one location or reported
unscheduled location for any one occurrence for the total of all loss or damage from the coverages included in this
ADDITIONAL COVERAGE BASKET is the Limit of Insurance as shown in the Business Property Schedule of
Coverages and Limits.If a different ADDITIONAL COVERAGE BASKET Limit of Insurance is shown at a location
in the Business Property Schedule of Locations,that Limit replaces,and is not in addition to,the ADDITIONAL
COVERAGE BASKET Limit of Insurance shown in the Business Property Schedule of Coverages and Limits for
that location.If the ADDITIONAL COVERAGE BASKET does not apply at a specific location,the ADDITIONAL
COVERAGE BASKET will show as Not Covered for that location.
A.Accounts Receivable Coverage
1.The Insurer will pay for direct physical loss of or damage to records of accounts receivable at a location or
reported unspecified location directly caused by a covered peril.
2.This Accounts Receivable Coverage does not apply with respect to any claim for loss,damage,cost or
expense that requires any audit of any records or inventory computation to prove its factual existence.
3.The Contaminants or Pollutants,Temperature or Humidity Conditions and Utility Services Excluded
Perils under the EXCLUSIONS section do not apply with respect to Accounts Receivable Coverage.
B.Fine Arts Coverage
1.The Insurer will pay for direct physical loss of or damage to fine arts at a location or reported unspecified
location directly caused by a covered peril.
2.Subject to the ADDITIONAL COVERAGE BASKET Limit of Insurance,the most the Insurer will pay for any
one item for any one occurrence under this Fine Arts Coverage is $100,000.
3.The Contaminants or Pollutants and the Utility Services Excluded Perils under the EXCLUSIONS section
do not apply with respect to Fine Arts Coverage.
C.Fire Department Service Charge Coverage
The Insurer will pay for the Named Insured’s liability for the following fire department service charges if incurred
to save or protect covered property at a location or reported unspecified location from a covered peril:
1.charges assumed by written contract or written agreement prior to loss;or
2.charges required by local ordinance.
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No deductible applies to this Fire Department Service Charge Coverage.
D.Lessee Leasehold Interest Coverage
When the Named Insured's written lease is cancelled by the lessor in accordance with a valid condition of that
lease and such cancellation is due to direct physical loss of or damage to property at a location or reported
unspecified location directly caused by a covered peril,the Insurer will pay for the loss of:
1.the value of the Named Insured’s leasehold interest in the unamortized portion of payments made by the
Named Insured for the undamaged portion of the tenant’s improvements and betterments;
2.monthly leasehold interest of the bonus payment or prepaid rent;
3.sublease profit;
4.equipment data processing equipment leasehold values;and
5.net leasehold interest of tenant's lease interest.
E.Lost Key Replacement Coverage
The Insurer will pay for the reasonable and necessary cost of:
1.replacing the master key and individual lock keys,including the cost to program the new locks if keys to that
location or reported unspecified location are stolen;or
2.entry lock repair or replacement,including the cost to rekey or reprogram locks,made necessary by theft or
attempted theft at that location or reported unspecified location.
F.Non Owned Detached Trailers Coverage
The Insurer will pay for direct physical loss of or damage to trailers that the Named Insured does not own at a
location or reported unspecified location directly caused by a covered peril,provided that:
1.the trailer is used in the Named Insured’s business;
2.the trailer is in the Named Insured’s care,custody or control;and
3.the Named Insured is obligated by a written contract in effect at the time of loss or damage to pay for such
loss or damage to that trailer.
The Insurer will not pay for any loss or damage that occurs:
a.while the trailer is attached to any motor vehicle or motorized conveyance,whether or not the motor vehicle
or motorized conveyance is in motion;
b.during hitching or unhitching operations;or
c.when a trailer becomes accidentally unhitched from a motor vehicle or motorized conveyance.
G.Recharge of Fire Protection Equipment Coverage
The Insurer will pay expenses the Named Insured incurs to recharge automatic fire protection equipment due to
the leakage or discharge of the fire suppressant within the automatic fire protection equipment.The insurance
provided under this coverage applies regardless of how the discharge or leakage is caused.However,if the
leakage or discharge is caused by or results from covered loss or damage,no deductible applies.
H.Restoration of Media Coverage
1.The Insurer will pay for the direct physical loss of or damage to media at a location or reported unspecified
location directly caused by a covered peril.
2.The Contaminants or Pollutants,Temperature or Humidity Conditions and Utility Services Excluded
Perils under the EXCLUSIONS section do not apply with respect to this Restoration of Media Coverage.
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I.Reward Payments Coverage
In the event of direct physical loss of or damage to insured property caused by arson,theft or vandalism,the
Insurer will reimburse the Named Insured for amounts it pays for information leading to the conviction of any
persons responsible for such arson,theft or vandalism.The reward payments must be documented.
However,there is no coverage for a reward payment made to the Named Insured or executive officers.
No deductible applies to this Reward Payments Coverage.
V.EXCLUSIONS
The Excluded Perils shown in Paragraphs A.B.C.and D.below apply to all LOCATION COVERAGES,OFF-SITE
COVERAGES,ADDITIONAL COVERAGES and ADDITIONAL COVERAGE BASKET coverages under the
coverage part unless otherwise stated.
A.Excluded Perils Subject to Concurrent Causation Provisions
With respect to the excluded perils below,the Insurer will not pay for loss of or damage to property directly or
indirectly caused by or resulting from the following causes of loss or events:Biological or Chemical Materials;
Earth Movement;Electronic Vandalism;Flood;Fungi,Wet Rot,Dry Rot and Microbes;Governmental
Action;Nuclear Hazard;Utility Services;and War and Military Action,regardless of:the causes of such
excluded causes or events;other causes of such loss;any other cause or event,whether or not insured under the
coverage part,which may have contributed concurrently,or in any sequence,to produce such loss even if such
other cause or event would otherwise be covered;and whether the event occurred suddenly or gradually,
involved isolated or widespread damage,arose from natural or external sources or acts or omissions,or occurred
as a result of any combination of any such causes or events.
1.Biological or Chemical Materials
The Insurer will not pay for loss or damage caused directly or indirectly by or resulting from the actual or
threatened discharge,dispersal,seepage,migration,release,escape or application of any pathogenic or
poisonous biological or chemical materials.
2.Earth Movement
The Insurer will not pay for loss or damage caused directly or indirectly by or resulting from earth movement.
However,if earth movement results in fire,explosion or theft,the Insurer will pay for that portion of the loss
which was solely caused by such fire,explosion or theft.
3.Electronic Vandalism
The Insurer will not pay for loss or damage caused by or resulting from electronic vandalism.
4.Flood
The Insurer will not pay for loss or damage caused directly or indirectly by or resulting from flood.However,if
flood results in fire,explosion,sprinkler leakage or theft,the Insurer will pay for that portion of the loss which
was solely caused by such fire,explosion,sprinkler leakage or theft.
5.Fungi,Wet Rot,Dry Rot and Microbes
The Insurer will not pay for loss or damage caused directly or indirectly by or resulting from the presence,
growth,proliferation,spread or any activity of fungi,wet or dry rot,or microbes.However,this exclusion
does not apply when fungi,wet or dry rot,or microbes results from fire or lightning.
6.Governmental Action
The Insurer will not pay for loss or damage caused directly or indirectly by or resulting from seizure,
destruction,demolition,expropriation,condemnation,confiscation or nationalization of property by,on behalf
of or at the direction of any governmental authority.
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However,this exclusion does not apply to seizure or acts of destruction ordered by governmental or military
authority and taken at the time of a fire to prevent its spread.
7.Nuclear Hazard
The Insurer will not pay for loss or damage caused directly or indirectly by or resulting from nuclear reaction
or radiation,or radioactive contamination,however caused.However,if nuclear reaction or radiation,or
radioactive contamination results in fire,the Insurer will pay for that portion of the loss which was solely
caused by such fire.
8.Utility Services
The Insurer will not pay for loss or damage caused directly or indirectly by or resulting from the failure
(including lack of sufficient capacity and reduction in supply)of power,fuel,sewage treatment,internet or
other communication service,or any other utility service supplied to a covered premises,if the failure occurs
away from the premises.
However,if such failure results in a covered peril,the Insurer will pay for that portion of the loss or damage
solely caused by such covered peril.
This exclusion does not apply to electronic data processing equipment.
9.War and Military Action
The Insurer will not pay for loss or damage caused directly or indirectly by or resulting from:
a.war (whether declared or undeclared);civil war or warlike action by a military force;or
b.insurrection,rebellion,revolution,military or usurped power by governmental or military personnel.
B.Other Excluded Perils
1.Adulteration or Contamination
The Insurer will not pay for loss or damage caused by or resulting from adulteration or contamination to stock
which causes the stock to become diminished in value or use,including but not limited to diminished value or
use due to change in color,finish,flavor,size or texture.This exclusion applies unless the adulteration or
contamination is itself caused by a specified peril,other than the equipment breakdown peril.
However,if the adulteration or contamination to stock results in a covered peril,the Insurer will pay for that
portion of the loss or damage solely caused by such covered peril.
2.Alteration,Falsification,Concealment or Destruction
The Insurer will not pay for loss or damage caused by or resulting from alteration,falsification,concealment
or destruction of records of accounts receivable or media done to conceal the wrongful giving,taking or
withholding of money,securities or other property.
3.Bookkeeping,Accounting or Billing Errors or Omissions
The Insurer will not pay for loss of or damage to media or records of accounts receivable caused by or
resulting from bookkeeping,accounting or billing errors or omissions.
4.Collective Activities
The Insurer will not pay for loss of business income or research and development business income
caused by or resulting from delay in rebuilding,repairing or replacing property or resuming operations due to
strikes,boycotts,picketing,lockouts or other such collective activities.
5.Contaminants or Pollutants
The Insurer will not pay for loss or damage caused by or resulting from discharge,dispersal,seepage,
migration,release or escape of contaminants or pollutants.This exclusion applies unless the discharge,
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dispersal,seepage,migration,release or escape of contaminants or pollutants is itself caused by a
specified peril.
However,if the discharge,dispersal,seepage,migration,release or escape of contaminants or pollutants
results in a specified peril,the Insurer will pay for that portion of the loss or damage solely caused by such
specified peril.
This exclusion does not apply:
a.to damage to glass caused by chemicals applied to the glass;or
b.to electronic data processing equipment.
6.Delay,Loss of Use or Loss of Market
The Insurer will not pay for loss or damage caused by or resulting from delay,loss of use or loss of market.
7.Dishonest or Criminal Acts
The Insurer will not pay for loss or damage caused by or resulting from any dishonest,fraudulent or criminal
acts committed alone or in collusion with others by the Named Insured,executive officers,the Named
Insured's employees (including leased or temporary employees)or authorized representatives or anyone to
whom the Named Insured entrusts the property for any purpose,regardless of whether or not such activity
takes place during hours of operation.
This exclusion does not apply to:
a.acts of destruction by an employee (including leased or temporary employee)of the Named Insured;or
b.acts committed by a carrier or other bailee for hire.
8.Errors,Defects or Failures
The Insurer will not pay for any:
a.loss or damage,including the costs of correcting or making good,caused by or resulting from:
i)an act or decision or error or omission in or faulty or defective:
(1)design,specification,workmanship,repair,construction,renovation,remodeling,grading or
compaction of;
(2)processing of,manufacturing of or materials used in;
(3)planning,zoning,development surveying or siting;or
(4)materials used in repair,construction,renovation or remodeling of;or
ii)insufficient maintenance or servicing,or the failure to maintain or service,
any part,or all,of the property on or off a premises.
b.loss or damage caused by or resulting from the misalignment,miscalibration,operation of any safety
device or going off-line or any condition which can be corrected by resetting,tightening,adjusting,
cleaning or performing maintenance on property.
However,if any of these Excluded Perils results in a covered peril,the Insurer will pay for that loss or
damage solely caused by such covered peril.
9.Finished Stock or Merchandise
The Insurer will not pay for loss of business income or research and development business income
caused by or resulting from:
a.loss or damage to finished stock or to merchandise which has been sold but not delivered;or
b.the time required to reproduce finished stock or replace merchandise.
CNA62648XX 10-15 Page 26 of 31
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10.Inherent Vice/Latent Defect
The Insurer will not pay for loss or damage caused by or resulting from:
a.wear and tear;
b.rust or other corrosion or decay;
c.gradual deterioration,hidden or latent defect or any quality in property that causes it to damage or
destroy itself;
d.nesting or infestation,or discharge or release of waste products or secretions,by insects,birds,rodents
or other animals;
f.smog;
g.marring or scratching;or
h.inherent vice.
This exclusion applies unless one of these Excluded Perils is itself caused by a specified peril.
However,if any of these Excluded Perils results in a covered peril,the Insurer will pay for that portion of the
loss or damage solely caused by such covered peril.
11.Mysterious Disappearance
The Insurer will not pay for loss or damage caused by or resulting from disappearance of property or shortage
of property disclosed on taking inventory,where there is no physical evidence to show what happened to the
property.
However,if such disappearance or shortage results in a covered peril,the Insurer will pay for that portion of
the loss or damage solely caused by such covered peril.
This exclusion does not apply to property in the custody of carriers or other bailees for hire.
12.Precipitation
The Insurer will not pay for loss or damage caused by or resulting from hail,ice,rain,sleet or snow to
personal property in the open,other than property in the custody of carriers for hire.
13.Pressure or Electrical Testing
The Insurer will not pay for loss of or damage to machinery or equipment while undergoing electrical or
pressure testing.
However,if such testing results in a covered peril,the Insurer will pay for that portion of the loss or damage
solely caused by such covered peril.
14.Programming Errors or Defects
The Insurer will not pay for loss of or damage to electronic data processing equipment,media or records
of accounts receivable caused by or resulting from:
a.programming errors or faulty instructions to a machine;or
b.other errors or omissions in processing or copying.
However,if such errors,omissions or faulty instructions result in a covered peril,the Insurer will pay for that
portion of the loss or damage solely caused by such covered peril.
15.Repair,Restoration or Retouching
The Insurer will not pay for loss of or damage to fine arts caused by or resulting from any repairing,
restoration or retouching process.
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16.Settling and Cracking
The Insurer will not pay for loss or damage caused by or resulting from naturally occurring or man-made
bulging,cracking,expansion,shrinkage or settling of land,paved or concrete surfaces,foundations,pools or
buildings,including soil or fill adjacent to such property.This exclusion applies unless the bulging,cracking,
expansion,shrinkage or settling is itself caused by a specified peril.
However,if such bulging,cracking,expansion,shrinkage or settling results in a covered peril,the Insurer will
pay for that portion of the loss or damage solely caused by such covered peril.
17.Suspended Equipment
The Insurer will not pay for loss or damage caused by or resulting from an equipment breakdown peril to
suspended equipment.
However,if such Excluded Peril results in a covered peril,the Insurer will pay for that portion of the loss or
damage solely caused by such covered peril.
18.Suspension,Lapse or Cancellation
The Insurer will not pay for any:
a.loss of business income or extra expense caused by or resulting from suspension,lapse or
cancellation of any license,lease or contract unless:
i.such suspension,lapse or cancellation is directly caused by the actual suspension or delay in
operations;
ii.the loss of business income is sustained during the period of restoration or extended indemnity
period;and
iii.the extra expense is incurred during the period of restoration.
b.loss of research and development business income caused by or resulting from suspension,lapse or
cancellation of any license,lease or contract unless:
i.such suspension,lapse or cancellation is directly caused by the actual suspension or delay of the
Named Insured's research and development projects in process;and
ii.the loss of research and development business income is sustained during the period of
restoration.
19.Temperature or Humidity Conditions
The Insurer will not pay for loss of or damage to personal property caused by or resulting from the loss of or
change in temperature,humidity or atmosphere,whether inside or outside of a building and whether or not
artificially maintained or generated.This exclusion applies unless such change in temperature,humidity or
atmosphere is itself caused by a specified peril,other than an equipment breakdown peril.
However,if such loss of or change in temperature,humidity or atmosphere results in a covered peril,the
Insurer will pay for that portion of the loss or damage solely caused by such covered peril.
This exclusion does not apply to electronic data processing hardware.
C.Limitations
1.Trees,Shrubs,Plants or Lawns
The Insurer will not pay for loss of business income or research and development business income
caused by or resulting from loss of or damage to outdoor trees,shrubs,plants or lawns unless such loss or
damage is directly caused by fire,lightning,explosion,riot or civil commotion,vehicles or aircraft.
CNA62648XX 10-15 Page 28 of 31
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2.Vegetated Roofs
The Insurer will not pay for loss of or damage to trees,shrubs,plants,grass,lawns or other landscaping
materials which are part of a vegetated roof caused by or resulting from:
a.dampness or dryness of atmosphere or soil supporting the vegetation;
b.changes in or extremes of temperature;
c.disease;or
d.frost,hail,rain,snow,ice or sleet.
D.Excluded Fees,Costs and Expenses
1.Excavation,Grading or Filling Costs
The Insurer will not pay fees,costs or expenses for:
a.excavations,grading,backfilling or filling,unless such cost is necessarily incurred to investigate,repair or
replace insured property below the surface of the ground;or
b.filling sinkholes.
2.Volcanic Eruption
The Insurer will not pay fees,costs or expenses to remove ash,dust or particulate matter,following a
volcanic eruption that does not cause loss of or damage to covered property.
VI.LIMITS OF INSURANCE /INDEMNITY PERIOD /DEDUCTIBLE /QUALIFYING PERIOD
A.Limits of Insurance
The Limits of Insurance applicable to each coverage agreement are shown in the Business Property Schedule
of Coverages and Limits or the Business Property Schedule of Locations.
B.Special Limits
The Limit of Insurance applicable for any one occurrence for loss or damage due to theft is $10,000 for:
1.furs,fur garments and garments trimmed with fur;
2.jewelry,watches,watch movements,jewels,pearls,precious and semi-precious stones;and
3.bullion,gold,silver,platinum and other precious alloys or metals.
This Limit is included within,and not in addition to,the applicable Personal Property Coverage Limit of
Insurance.
C.Maximum Period of Indemnity
If the Business Property Schedule of Locations displays a Maximum Period of Indemnity,the most the
Insurer will pay for loss of business income is the lesser of:
1.the amount of covered business income during the 120 consecutive days immediately following the
beginning of the period of restoration;or
2.the applicable Business Income Coverage Limit of Insurance shown in the Business Property Schedule of
Locations.
D.Monthly Limit of Indemnity
If the Business Property Schedule of Locations displays a Monthly Limit of Indemnity fraction,the most the
Insurer will pay for loss of business income in any one period of 30 consecutive days after the beginning of the
period of restoration is:
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1.the Limit of Insurance,multiplied by
2.the Monthly Limit of Indemnity fraction shown in the Business Property Schedule of Locations for Monthly
Limit of Indemnity.
E.Inflation Guard
If the Business Property Schedule of Locations displays an inflation guard percentage,the Limit of Insurance
for insured property will automatically increase as follows:
1.the applicable Limit of Insurance;multiplied by
2.the Inflation Guard percentage shown on the Business Property Schedule of Locations;multiplied by
3.the number of consecutive days since the beginning of the annual policy period,or the effective date of the
most recent Policy change amending the Limit of Insurance,divided by 365.
F.Deductibles and Qualifying Periods
1.The Insurer will not pay any amounts due under the terms and conditions of the coverage part until the
amount of covered loss,damage,cost or expense for any one occurrence exceeds the Property Deductible
shown in the Business Property Schedule of Locations,unless specific coverage deductibles are shown in
the Business Property Schedule of Locations or an endorsement.The Insurer will then pay the amount of
loss,damage,cost or expense in excess of the Deductible,up to the applicable Limits of Insurance.
2.If a Qualifying Period is shown in the Business Property Schedule of Locations,then the qualifying
period will apply to all business income and research and development business income coverages.The
Insurer will not pay for any loss of business income or research and development business income for
any one occurrence until the suspension or delay of operations exceeds the qualifying period.If the
qualifying period is exceeded,then the Insurer will pay the amount of covered business income or
research and development business income loss,calculated as of the time and date of such loss,in
excess of the applicable Property Deductible shown in the Business Property Schedule of Locations,
unless a more specific time element coverage deductible is shown.If Business Income and Extra
Expense Coverage applies,then extra expense is subject to the deductible or qualifying period applicable
to business income.
3.A covered loss occurring at unspecified locations,reported unspecified locations or other premises not
shown on the Business Property Schedule of Locations will be subject to the Deductibles and Qualifying
Periods applicable for the first location shown in the Business Property Schedule of Locations,unless
specific coverage deductibles are shown in the Business Property Schedule of Locations or an
endorsement.
4.Unless otherwise stated in the coverage part or endorsement,if more than one monetary deductible applies,
the Insurer will apply each deductible separately,but the total of all deductibles applied for any one
occurrence will not exceed the highest applicable monetary deductible for loss or damage to covered
property plus the highest applicable monetary deductible for loss under time element coverage.
5.Loss or damage caused by earthquake,earthquake sprinkler leakage,flood,named storm and windstorm or
hail may be subject to separate deductible amounts.The Business Property Schedule of Locations,or
applicable endorsement,will identify the locations or reported unspecified locations subject to such
deductibles and the applicable deductible amount.That Deductible will apply to all coverages that respond to
that covered loss,including covered time element coverage loss.Qualifying periods do not apply to
covered loss or expense from earthquake,earthquake sprinkler leakage,flood,named storm or windstorm
or hail when there is a separate monetary deductible amount applicable.
For purposes of calculating the deductible for those perils,the Insurer will use the applicable Limit of
Insurance shown in the Business Property Schedule of Coverages and Limits,the Business Property
Schedule of Location or any endorsement attached to this Policy for that specific coverage,or the actual
CNA62648XX 10-15 Page 30 of 31
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amount of loss,damage,cost or expense for that coverage,whichever is less,towards satisfying that
Deductible.
With respect to earthquake,earthquake sprinkler leakage,flood,named storm and windstorm or hail
deductibles,if there are two or more deductibles that are applicable from other covered perils in the same
occurrence,the Insurer will apply each deductible separately.When those Deductibles are shown in the
Business Property Schedule of Coverages and Limits,the Business Property Schedule of Locations or
any endorsement:
a.at that specific location or reported unspecified location,the total of all monetary deductible amounts
applied for any one occurrence will not exceed the single highest applicable Deductible shown for that
location or reported unspecified location.If more than one location or reported unspecified location
is involved in the same occurrence,the Insurer will apply those Deductibles for each location and
reported unspecified location separately,subject to the single highest applicable Deductible for each
location and each reported unspecified location.
b.on a per occurrence basis for multiple locations or reported unspecified locations,the total of all
monetary deductible amounts applied for any one occurrence will not exceed the single highest
applicable Deductible.
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Flood Redefinition Endorsement
It is understood and agreed as follows:
I.The definition of flood in the First Party Glossary of Defined Terms is replaced by the following:
Flood means:
A.a general and temporary condition of partial or complete inundation of normally dry land areas from:
1.the overflow,or the expansion beyond normal boundaries,of inland or tidal waters,including
natural or man-made lakes,reservoirs,ponds,brooks,creeks,rivers,streams,harbors,oceans
or any other body of water or watercourse;
2.waves,tides or tidal waves including tsunami;
3.surface water;or
4.the spray from items 1.,2.and 3.above,all whether driven by wind or not,including storm
surge.
B.a general and temporary condition of partial or complete inundation of normally dry land areas or the
accumulation of water on or underground that causes:
1.water under the ground surface pressing on,or flowing or seeping through:
i.foundations,walls,floors or paved surfaces;
ii.basements,whether paved or not;or
iii.doors,windows or other openings;
2.water to back up or overflow from a sewer,drain or sump;or
3.mudslide or mudflow.
All other terms and conditions of the Policy remain unchanged.
This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes
effect on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,
and expires concurrently with said Policy.
4032877971CNA81069XX(10-15)Policy No:
2Page1of1EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved..
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Communicable Disease Exclusion Endorsement
It is understood and agreed as follows:
I.The following is added to the Excluded Perils Subject to Concurrent Causation Provisions under the
EXCLUSIONS section of the Business Property Coverage Part:
Communicable Disease
The Insurer will not pay any loss,damage,cost,or expense caused directly or indirectly by,resulting from,arising out
of,attributable to,or in any way associated with,a Communicable Disease.This exclusion includes,but is not limited
to,any loss,damage,cost,or expense incurred:
a.to mitigate,remediate,repair,replace,prevent,suppress,control,clean-up,detoxify,remove,monitor,or test for
any Communicable Disease;
b.due to the actual or perceived threat or fear of a Communicable Disease,including,without limitation,with
respect to its incidence,spread,transmission,actual or perceived presence,or effect;
c.in response to the actions of governmental,military,or civil authority to mitigate,remediate,repair,replace,
prevent,suppress,control,clean-up,detoxify,remove,monitor,or test for any Communicable Disease,
including,without limitation,actions with respect to the incidence,spread,transmission,actual or perceived
presence,or effect of a Communicable Disease;or
d.as a result of the suspension of or change in operations,including the operations of businesses other than the
Named Insured,caused by,arising out of,or attributable to a Communicable Disease,including,without
limitation,with respect to its incidence,spread,transmission,actual or perceived presence,or effect.
For purposes of this exclusion,Communicable Disease means:
i.any disease which can be transmitted by means of any substance or agent from any organism to another
organism;or
ii.any infectious agent or its byproducts,whether man-made or naturally occurring (including any viruses,bacteria,
parasites,microorganisms,or any mutations thereof),whether deemed living or not;
iii.where
a.the disease,substance,agent,or byproducts could result in infection,illness,or death,threaten human health
or human welfare,or could result in damage,deterioration,loss of value,loss of use or marketability of
property;and
b.the disease occurs through the direct or indirect transmission of the infectious agent or its byproducts from an
infected individual or via air,bodily fluids,an animal,vector,the inanimate environment,or any other source,
to a susceptible animal or human host.
II.This exclusion does not apply only to the extent of coverage that is provided under the following endorsements,if
either such endorsement is attached to this Policy:
1.CNA62711XX,Disease Contamination Coverage –Property Damage and Time Element Combined;or
2.Disease Contamination Coverage under CNA62667XX,Aging Services Property Extension Endorsement.
However,this exclusion applies to all other coverages,coverage extensions,additional coverages,exceptions to any
exclusion and other coverage grant(s).
All other terms and conditions of the Policy remain unchanged.
This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect
on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and
expires concurrently with said Policy.
4032877971CNA98526XX(05-20)Policy No:
3Page1of1EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
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Durable Goods
General Liability Coverage Part Declarations
4032877971PolicyNumber:
Name:MCMILLAN JAMES EQUIPMENT COMPANY1.Named
Insured
and
mailing
address
1044 TEXAN TRLAddress:
GRAPEVINE,TX 76051-3703
2.Type of
CorporationOrganization
3.Limits of
Insurance,
Deductible General Aggregate Limit $2,000,000
Products/Completed Operations Aggregate Limit $2,000,000
Personal And Advertising Injury Limit $1,000,000
Each Occurrence Limit $1,000,000
Damage To Premises Rented To You Limit $1,000,000
Medical Expense Limit –Any One Person $15,000
4.Premium,
Surcharges
Taxes and
Fees at
Issuance
Total Premium for this Coverage Part $84,330.00
$84,330.00TotalPremium,Surcharges Taxes and Fees for this Coverage Part
Your Premium includes the following amount for
Certified Acts of Terrorism $964.00
5.Audit Period:Annual
CNA74694XX 01-15 1 1Pageof
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Additional Declarations -
General Liability Schedule of Locations and Coverages
4032877971PolicyNumber:
Policy Level
Premium EstimatedCoverage/Hazard Description Exposure RateBasis Premium
Increased Damages for Premises Rented to $360
you
Estimated premium for Increased Limits for Damage to Premises is determined based on
tiered rates depending on the number of locations
General Liability Extension Endorsement (SL)1%$822
Location Level
Location Number Location Address:
6767 PORTWEST DRIVE STE 1501
HOUSTON,TX 77024
Premium EstimatedCoverage/Hazard Description Exposure RateBasis Premium
10010ClassCode
Air Conditioning Equipment -dealers or
distributors only
Premises &Operations 9,000,000 (S).174 $1,566
Products &Completed Operations 9,000,000 (S)1.205 $10,845
91581ClassCode
Contractors -subcontracted work -in
connection with construction,
reconstruction,repair or erection -not
buildings -not otherwise classified
Premises &Operations If Any (C)2.312 $0
Products &Completed Operations If Any (C)1.847 $0
$12,411LocationSub-Total
Location Number Location Address:
1044 TEXAN TRAIL2
GRAPEVINE,TX 76051
CNA75126XX 01-15 1 3Pageof
Copyright CNA All Rights Reserved.
CNA PARAMOUNT
Additional Declarations -
General Liability Schedule of Locations and Coverages
4032877971PolicyNumber:
Location Level
Premium EstimatedCoverage/Hazard Description Exposure RateBasis Premium
10010ClassCode
Air Conditioning Equipment -dealers or
distributors only
Premises &Operations 40,000,000 (S).276 $11,040
Products &Completed Operations 40,000,000 (S)1.205 $48,200
91581ClassCode
Contractors -subcontracted work -in
connection with construction,
reconstruction,repair or erection -not
buildings -not otherwise classified
Premises &Operations 2,000,000 (C)2.312 $4,624
Products &Completed Operations 2,000,000 (C)1.847 $3,694
$67,558LocationSub-Total
Location Number Location Address:
14607 SAN PEDRO,STE 1003
SAN ANTONIO,TX 78232
Premium EstimatedCoverage/Hazard Description Exposure RateBasis Premium
10010ClassCode
Air Conditioning Equipment -dealers or
distributors only
Premises &Operations 1,500,000 (S).271 $407
Products &Completed Operations 1,500,000 (S)1.205 $1,808
91581ClassCode
Contractors -subcontracted work -in
connection with construction,
reconstruction,repair or erection -not
buildings -not otherwise classified
CNA75126XX 01-15 2 3Pageof
Copyright CNA All Rights Reserved.
CNA PARAMOUNT
Additional Declarations -
General Liability Schedule of Locations and Coverages
4032877971PolicyNumber:
Location Level
Premium EstimatedCoverage/Hazard Description Exposure RateBasis Premium
Premises &Operations If Any (C)2.312 $0
Products &Completed Operations If Any (C)1.847 $0
$2,215LocationSub-Total
CNA75126XX 01-15 3 3Pageof
Copyright CNA All Rights Reserved.
CNA PARAMOUNT
Commercial General Liability Coverage Part
Various provisions in this policy restrict coverage.Read the entire policy carefully to determine rights,duties and what is
and is not covered.
Throughout this policy the words "you"and "your"refer to the Named Insured shown in the Declarations,and any other
person or organization qualifying as a Named Insured under this policy.The words "we","us"and "our"refer to the
company providing this insurance.
The word Insured means any person or organization qualifying as such under Section II –Who Is An Insured.
Other words and phrases that appear in bold have special meaning.Refer to Section V –Definitions.
SECTION I –COVERAGES
COVERAGE A –BODILY INJURY AND PROPERTY DAMAGE LIABILITY
1.Insuring Agreement
a.We will pay those sums that the Insured becomes legally obligated to pay as damages because of bodily injury
or property damage to which this insurance applies.We will have the right and duty to defend the Insured
against any suit seeking those damages.However,we will have no duty to defend the Insured against any suit
seeking damages for bodily injury or property damage to which this insurance does not apply.We may,at our
discretion,investigate any occurrence and settle any claim or suit that may result.But:
(1)The amount we will pay for damages is limited as described in Section III –Limits Of Insurance;and
(2)Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of
judgments or settlements under Coverages A or B or medical expenses under Coverage C.
No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for
under Supplementary Payments –Coverages A and B.
b.This insurance applies to bodily injury and property damage only if:
(1)The bodily injury or property damage is caused by an occurrence that takes place in the coverage
territory;
(2)The bodily injury or property damage occurs during the policy period;and
(3)Prior to the policy period,no Insured listed under Paragraph 1.of Section II –Who Is An Insured and no
employee authorized by you to give or receive notice of an occurrence or claim,knew that the bodily injury
or property damage had occurred,in whole or in part.If such a listed Insured or authorized employee knew,
prior to the policy period,that the bodily injury or property damage occurred,then any continuation,
change or resumption of such bodily injury or property damage during or after the policy period will be
deemed to have been known prior to the policy period.
c.Bodily injury or property damage which occurs during the policy period and was not,prior to the policy
period,known to have occurred by any Insured listed under Paragraph 1.of Section II –Who Is An Insured or
any employee authorized by you to give or receive notice of an occurrence or claim,includes any continuation,
change or resumption of that bodily injury or property damage after the end of the policy period.
d.Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time
when any Insured listed under Paragraph 1.of Section II –Who Is An Insured or any employee authorized by
you to give or receive notice of an occurrence or claim:
(1)Reports all,or any part,of the bodily injury or property damage to us or any other insurer;
(2)Receives a written or verbal demand or claim for damages because of the bodily injury or property
damage;or
(3)Becomes aware by any other means that bodily injury or property damage has occurred or has begun to
occur.
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Commercial General Liability Coverage Part
e.Damages because of bodily injury include damages claimed by any person or organization for care,loss of
services or death resulting at any time from the bodily injury.
2.Exclusions
This insurance does not apply to:
a.Expected Or Intended Injury
Bodily injury or property damage expected or intended from the standpoint of the Insured.This exclusion does
not apply to bodily injury resulting from the use of reasonable force to protect persons or property.
b.Contractual Liability
Bodily injury or property damage for which the Insured is obligated to pay damages by reason of the
assumption of liability in a contract or agreement.This exclusion does not apply to liability for damages:
(1)That the Insured would have in the absence of the contract or agreement;or
(2)Assumed in a contract or agreement that is an Insured contract,provided the bodily injury or property
damage occurs subsequent to the execution of the contract or agreement.Solely for the purposes of liability
assumed in an Insured contract,reasonable attorneys'fees and necessary litigation expenses incurred by or
for a party other than an Insured are deemed to be damages because of bodily injury or property damage,
provided:
(a)Liability to such party for,or for the cost of,that party's defense has also been assumed in the same
Insured contract;and
(b)Such attorneys'fees and litigation expenses are for defense of that party against a civil or alternative
dispute resolution proceeding in which damages to which this insurance applies are alleged.
c.Liquor Liability
Bodily injury or property damage for which any Insured may be held liable by reason of:
(1)Causing or contributing to the intoxication of any person;
(2)The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of
alcohol;or
(3)Any statute,ordinance or regulation relating to the sale,gift,distribution or use of alcoholic beverages.
This exclusion applies even if the claims against any Insured allege negligence or other wrongdoing in:
(a)The supervision,hiring,employment,training or monitoring of others by that Insured;or
(b)Providing or failing to provide transportation with respect to any person that may be under the influence of
alcohol;
if the occurrence which caused the bodily injury or property damage,involved that which is described in
Paragraph (1),(2)or (3)above.
However,this exclusion applies only if you are in the business of manufacturing,distributing,selling,serving or
furnishing alcoholic beverages.For the purposes of this exclusion,permitting a person to bring alcoholic
beverages on your premises,for consumption on your premises,whether or not a fee is charged or a license is
required for such activity,is not by itself considered the business of selling,serving or furnishing alcoholic
beverages.
d.Workers'Compensation And Similar Laws
Any obligation of the Insured under a workers'compensation,disability benefits or unemployment compensation
law or any similar law.
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CNA PARAMOUNT
Commercial General Liability Coverage Part
e.Employer's Liability
Bodily injury to:
(1)An employee of the Insured arising out of and in the course of:
(a)Employment by the Insured;or
(b)Performing duties related to the conduct of the Insured's business;or
(2)The spouse,child,parent,brother or sister of that employee as a consequence of Paragraph (1)above.
This exclusion applies whether the Insured may be liable as an employer or in any other capacity and to any
obligation to share damages with or repay someone else who must pay damages because of the injury.
This exclusion does not apply to liability assumed by the Insured under an Insured contract.
f.Pollution
(1)Bodily injury or property damage arising out of the actual,alleged or threatened discharge,dispersal,
seepage,migration,release or escape of pollutants:
(a)At or from any premises,site or location which is or was at any time owned or occupied by,or rented or
loaned to,any Insured.However,this subparagraph does not apply to:
(i)Bodily injury if sustained within a building and caused by smoke,fumes,vapor or soot produced by
or originating from equipment that is used to heat,cool or dehumidify the building,or equipment that
is used to heat water for personal use,by the building's occupants or their guests;
(ii)Bodily injury or property damage for which you may be held liable,if you are a contractor and the
owner or lessee of such premises,site or location has been added to your policy as an additional
Insured with respect to your ongoing operations performed for that additional Insured at that
premises,site or location and such premises,site or location is not and never was owned or
occupied by,or rented or loaned to,any Insured,other than that additional Insured;or
(iii)Bodily injury or property damage arising out of heat,smoke or fumes from a hostile fire;
(b)At or from any premises,site or location which is or was at any time used by or for any Insured or others
for the handling,storage,disposal,processing or treatment of waste;
(c)Which are or were at any time transported,handled,stored,treated,disposed of,or processed as waste
by or for:
(i)Any Insured;or
(ii)Any person or organization for whom you may be legally responsible;or
(d)At or from any premises,site or location on which any Insured or any contractors or subcontractors
working directly or indirectly on any Insured's behalf are performing operations if the pollutants are
brought on or to the premises,site or location in connection with such operations by such Insured,
contractor or subcontractor.However,this subparagraph does not apply to:
(i)Bodily injury or property damage arising out of the escape of fuels,lubricants or other operating
fluids which are needed to perform the normal electrical,hydraulic or mechanical functions
necessary for the operation of mobile equipment or its parts,if such fuels,lubricants or other
operating fluids escape from a vehicle part designed to hold,store or receive them.This exception
does not apply if the bodily injury or property damage arises out of the intentional discharge,
dispersal or release of the fuels,lubricants or other operating fluids,or if such fuels,lubricants or
other operating fluids are brought on or to the premises,site or location with the intent that they be
discharged,dispersed or released as part of the operations being performed by such Insured,
contractor or subcontractor;
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CNA PARAMOUNT
Commercial General Liability Coverage Part
(ii)Bodily injury or property damage sustained within a building and caused by the release of gases,
fumes or vapors from materials brought into that building in connection with operations being
performed by you or on your behalf by a contractor or subcontractor;or
(iii)Bodily injury or property damage arising out of heat,smoke or fumes from a hostile fire.
(e)At or from any premises,site or location on which any Insured or any contractors or subcontractors
working directly or indirectly on any Insured's behalf are performing operations if the operations are to
test for,monitor,clean up,remove,contain,treat,detoxify or neutralize,or in any way respond to,or
assess the effects of,pollutants.
(2)Any loss,cost or expense arising out of any:
(a)Request,demand,order or statutory or regulatory requirement that any Insured or others test for,
monitor,clean up,remove,contain,treat,detoxify or neutralize,or in any way respond to,or assess the
effects of,pollutants;or
(b)Claim or suit by or on behalf of a governmental authority for damages because of testing for,monitoring,
cleaning up,removing,containing,treating,detoxifying or neutralizing,or in any way responding to,or
assessing the effects of,pollutants.
However,this paragraph does not apply to liability for damages because of property damage that the
Insured would have in the absence of such request,demand,order or statutory or regulatory requirement,or
such claim or suit by or on behalf of a governmental authority.
g.Aircraft,Auto Or Watercraft
Bodily injury or property damage arising out of the ownership,maintenance,use or entrustment to others of any
aircraft,auto or watercraft owned or operated by or rented or loaned to any Insured.Use includes operation and
loading or unloading.
This exclusion applies even if the claims against any Insured allege negligence or other wrongdoing in the
supervision,hiring,employment,training or monitoring of others by that Insured,if the occurrence which caused
the bodily injury or property damage involved the ownership,maintenance,use or entrustment to others of any
aircraft,auto or watercraft that is owned or operated by or rented or loaned to any Insured.
This exclusion does not apply to:
(1)A watercraft while ashore on premises you own or rent;
(2)A watercraft you do not own that is:
(a)Less than 26 feet long;and
(b)Not being used to carry persons or property for a charge;
(3)Parking an auto on,or on the ways next to,premises you own or rent,provided the auto is not owned by or
rented or loaned to you or the Insured;
(4)Liability assumed under any Insured contract for the ownership,maintenance or use of aircraft or watercraft;
or
(5)Bodily injury or property damage arising out of:
(a)The operation of machinery or equipment that is attached to,or part of,a land vehicle that would qualify
under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility
law or other motor vehicle insurance law where it is licensed or principally garaged;or
(b)The operation of any of the machinery or equipment listed in Paragraph f.(2)or f.(3)of the definition of
mobile equipment.
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CNA PARAMOUNT
Commercial General Liability Coverage Part
h.Mobile Equipment
Bodily injury or property damage arising out of:
(1)The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any
Insured;or
(2)The use of mobile equipment in,or while in practice for,or while being prepared for,any prearranged racing,
speed,demolition,or stunting activity.
i.War
Bodily injury or property damage,however caused,arising,directly or indirectly,out of:
(1)War,including undeclared or civil war;
(2)Warlike action by a military force,including action in hindering or defending against an actual or expected
attack,by any government,sovereign or other authority using military personnel or other agents;or
(3)Insurrection,rebellion,revolution,usurped power,or action taken by governmental authority in hindering or
defending against any of these.
j.Damage To Property
Property damage to:
(1)Property you own,rent,or occupy,including any costs or expenses incurred by you,or any other person,
organization or entity,for repair,replacement,enhancement,restoration or maintenance of such property for
any reason,including prevention of injury to a person or damage to another's property;
(2)Premises you sell,give away or abandon,if the property damage arises out of any part of those premises;
(3)Property loaned to you;
(4)Personal property in the care,custody or control of the Insured;
(5)That particular part of real property on which you or any contractors or subcontractors working directly or
indirectly on your behalf are performing operations,if the property damage arises out of those operations;or
(6)That particular part of any property that must be restored,repaired or replaced because your work was
incorrectly performed on it.
Paragraphs (1),(3)and (4)of this exclusion do not apply to property damage (other than damage by fire)to
premises,including the contents of such premises,rented to you for a period of seven or fewer consecutive days.
A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III –Limits
Of Insurance.
Paragraph (2)of this exclusion does not apply if the premises are your work and were never occupied,rented or
held for rental by you.
Paragraphs (3),(4),(5)and (6)of this exclusion do not apply to liability assumed under a sidetrack agreement.
Paragraph (6)of this exclusion does not apply to property damage included in the products-completed
operations hazard.
k.Damage To Your Product
Property damage to your product arising out of it or any part of it.
l.Damage To Your Work
Property damage to your work arising out of it or any part of it and included in the products-completed
operations hazard.
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CNA PARAMOUNT
Commercial General Liability Coverage Part
This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on
your behalf by a subcontractor.
m.Damage To Impaired Property Or Property Not Physically Injured
Property damage to impaired property or property that has not been physically injured,arising out of:
(1)A defect,deficiency,inadequacy or dangerous condition in your product or your work;or
(2)A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance
with its terms.
This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical
injury to your product or your work after it has been put to its intended use.
n.Recall Of Products,Work Or Impaired Property
Damages claimed for any loss,cost or expense incurred by you or others for the loss of use,withdrawal,recall,
inspection,repair,replacement,adjustment,removal or disposal of:
(1)Your product;
(2)Your work;or
(3)Impaired property;
if such product,work,or property is withdrawn or recalled from the market or from use by any person or
organization because of a known or suspected defect,deficiency,inadequacy or dangerous condition in it.
o.Personal And Advertising Injury
Bodily injury arising out of personal and advertising injury.
p.Electronic Data
Damages arising out of the loss of,loss of use of,damage to,corruption of,inability to access,or inability to
manipulate electronic data.
However,this exclusion does not apply to liability for damages because of bodily injury.
As used in this exclusion,electronic data means information,facts or programs stored as or on,created or used
on,or transmitted to or from computer software,including systems and applications software,hard or floppy disks,
CD-ROMs,tapes,drives,cells,data processing devices or any other media which are used with electronically
controlled equipment.
q.Recording And Distribution Of Material Or Information In Violation Of Law
Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is
alleged to violate:
(1)The Telephone Consumer Protection Act (TCPA),including any amendment of or addition to such law;
(2)The CAN-SPAM Act of 2003,including any amendment of or addition to such law;
(3)The Fair Credit Reporting Act (FCRA),and any amendment of or addition to such law,including the Fair and
Accurate Credit Transactions Act (FACTA);or
(4)Any federal,state or local statute,ordinance or regulation,other than the TCPA,CAN-SPAM Act of 2003 or
FCRA and their amendments and additions,that addresses,prohibits,or limits the printing,dissemination,
disposal,collecting,recording,sending,transmitting,communicating or distribution of material or information.
Exclusions c.through n.do not apply to damage by fire to premises while rented to you or temporarily occupied by
you with permission of the owner.A separate limit of insurance applies to this coverage as described in Section III –
Limits Of Insurance.
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CNA PARAMOUNT
Commercial General Liability Coverage Part
COVERAGE B –PERSONAL AND ADVERTISING INJURY LIABILITY
1.Insuring Agreement
a.We will pay those sums that the Insured becomes legally obligated to pay as damages because of personal and
advertising injury to which this insurance applies.We will have the right and duty to defend the Insured against
any suit seeking those damages.However,we will have no duty to defend the Insured against any suit seeking
damages for personal and advertising injury to which this insurance does not apply.We may,at our discretion,
investigate any offense and settle any claim or suit that may result.But:
(1)The amount we will pay for damages is limited as described in Section III –Limits Of Insurance;and
(2)Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of
judgments or settlements under Coverages A or B or medical expenses under Coverage C.
No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for
under Supplementary Payments –Coverages A and B.
b.This insurance applies to personal and advertising injury caused by an offense arising out of your business but
only if the offense was committed in the coverage territory during the policy period.
2.Exclusions
This insurance does not apply to:
a.Knowing Violation Of Rights Of Another
Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act
would violate the rights of another and would inflict personal and advertising injury.
b.Material Published With Knowledge Of Falsity
Personal and advertising injury arising out of oral or written publication,in any manner,of material,if done by or
at the direction of the Insured with knowledge of its falsity.
c.Material Published Prior To Policy Period
Personal and advertising injury arising out of oral or written publication,in any manner,of material whose first
publication took place before the beginning of the policy period.
d.Criminal Acts
Personal and advertising injury arising out of a criminal act committed by or at the direction of the Insured.
e.Contractual Liability
Personal and advertising injury for which the Insured has assumed liability in a contract or agreement.This
exclusion does not apply to liability for damages that the Insured would have in the absence of the contract or
agreement.
f.Breach Of Contract
Personal and advertising injury arising out of a breach of contract,except an implied contract to use another's
advertising idea in your advertisement.
g.Quality Or Performance Of Goods –Failure To Conform To Statements
Personal and advertising injury arising out of the failure of goods,products or services to conform with any
statement of quality or performance made in your advertisement.
h.Wrong Description Of Prices
Personal and advertising injury arising out of the wrong description of the price of goods,products or services
stated in your advertisement.
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Commercial General Liability Coverage Part
i.Infringement Of Copyright,Patent,Trademark Or Trade Secret
Personal and advertising injury arising out of the infringement of copyright,patent,trademark,trade secret or
other intellectual property rights.Under this exclusion,such other intellectual property rights do not include the
use of another's advertising idea in your advertisement.
However,this exclusion does not apply to infringement,in your advertisement,of copyright,trade dress or
slogan.
j.Insureds In Media And Internet Type Businesses
Personal and advertising injury committed by an Insured whose business is:
(1)Advertising,broadcasting,publishing or telecasting;
(2)Designing or determining content of web sites for others;or
(3)An Internet search,access,content or service provider.
However,this exclusion does not apply to Paragraphs 14.a.,b.and c.of personal and advertising injury under
the Definitions section.
For the purposes of this exclusion,the placing of frames,borders or links,or advertising,for you or others
anywhere on the Internet,is not by itself,considered the business of advertising,broadcasting,publishing or
telecasting.
k.Electronic Chatrooms Or Bulletin Boards
Personal and advertising injury arising out of an electronic chatroom or bulletin board the Insured hosts,owns,
or over which the Insured exercises control.
l.Unauthorized Use Of Another's Name Or Product
Personal and advertising injury arising out of the unauthorized use of another's name or product in your e-mail
address,domain name or metatag,or any other similar tactics to mislead another's potential customers.
m.Pollution
Personal and advertising injury arising out of the actual,alleged or threatened discharge,dispersal,seepage,
migration,release or escape of pollutants at any time.
n.Pollution-related
Any loss,cost or expense arising out of any:
(1)Request,demand,order or statutory or regulatory requirement that any Insured or others test for,monitor,
clean up,remove,contain,treat,detoxify or neutralize,or in any way respond to,or assess the effects of,
pollutants;or
(2)Claim or suit by or on behalf of a governmental authority for damages because of testing for,monitoring,
cleaning up,removing,containing,treating,detoxifying or neutralizing,or in any way responding to,or
assessing the effects of,pollutants.
o.War
Personal and advertising injury,however caused,arising,directly or indirectly,out of:
(1)War,including undeclared or civil war;
(2)Warlike action by a military force,including action in hindering or defending against an actual or expected
attack,by any government,sovereign or other authority using military personnel or other agents;or
(3)Insurrection,rebellion,revolution,usurped power,or action taken by governmental authority in hindering or
defending against any of these.
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CNA PARAMOUNT
Commercial General Liability Coverage Part
p.Recording And Distribution Of Material Or Information In Violation Of Law
Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is
alleged to violate:
(1)The Telephone Consumer Protection Act (TCPA),including any amendment of or addition to such law;
(2)The CAN-SPAM Act of 2003,including any amendment of or addition to such law;
(3)The Fair Credit Reporting Act (FCRA),and any amendment of or addition to such law,including the Fair and
Accurate Credit Transactions Act (FACTA);or
(4)Any federal,state or local statute,ordinance or regulation,other than the TCPA,CAN-SPAM Act of 2003 or
FCRA and their amendments and additions,that addresses,prohibits,or limits the printing,dissemination,
disposal,collecting,recording,sending,transmitting,communicating or distribution of material or information.
COVERAGE C –MEDICAL PAYMENTS
1.Insuring Agreement
a.We will pay medical expenses as described below for bodily injury caused by an accident:
(1)On premises you own or rent;
(2)On ways next to premises you own or rent;or
(3)Because of your operations;
provided that:
(a)The accident takes place in the coverage territory and during the policy period;
(b)The expenses are incurred and reported to us within one year of the date of the accident;and
(c)The injured person submits to examination,at our expense,by physicians of our choice as often as we
reasonably require.
b.We will make these payments regardless of fault.These payments will not exceed the applicable limit of
insurance.We will pay reasonable expenses for:
(1)First aid administered at the time of an accident;
(2)Necessary medical,surgical,X-ray and dental services,including prosthetic devices;and
(3)Necessary ambulance,hospital,professional nursing and funeral services.
2.Exclusions
We will not pay expenses for bodily injury:
a.Any Insured
To any Insured,except volunteer workers.
b.Hired Person
To a person hired to do work for or on behalf of any Insured or a tenant of any Insured.
c.Injury On Normally Occupied Premises
To a person injured on that part of premises you own or rent that the person normally occupies.
d.Workers'Compensation And Similar Laws
To a person,whether or not an employee of any Insured,if benefits for the bodily injury are payable or must be
provided under a workers'compensation or disability benefits law or a similar law.
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Commercial General Liability Coverage Part
e.Athletics Activities
To a person injured while practicing,instructing or participating in any physical exercises or games,sports,or
athletic contests.
f.Products-Completed Operations Hazard
Included within the products-completed operations hazard.
g.Coverage A Exclusions
Excluded under Coverage A.
SUPPLEMENTARY PAYMENTS –COVERAGES A AND B
1.We will pay,with respect to any claim we investigate or settle,or any suit against an Insured we defend:
a.All expenses we incur.
b.Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of
any vehicle to which the Bodily Injury Liability Coverage applies.We do not have to furnish these bonds.
c.The cost of bonds to release attachments,but only for bond amounts within the applicable limit of insurance.We
do not have to furnish these bonds.
d.All reasonable expenses incurred by the Insured at our request to assist us in the investigation or defense of the
claim or suit,including actual loss of earnings up to $250 a day because of time off from work.
e.All court costs taxed against the Insured in the suit.However,these payments do not include attorneys'fees or
attorneys'expenses taxed against the Insured.
f.Prejudgment interest awarded against the Insured on that part of the judgment we pay.If we make an offer to pay
the applicable limit of insurance,we will not pay any prejudgment interest based on that period of time after the
offer.
g.All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid,
offered to pay,or deposited in court the part of the judgment that is within the applicable limit of insurance.
These payments will not reduce the limits of insurance.
2.If we defend an Insured against a suit and an indemnitee of the Insured is also named as a party to the suit,we will
defend that indemnitee if all of the following conditions are met:
a.The suit against the indemnitee seeks damages for which the Insured has assumed the liability of the
indemnitee in a contract or agreement that is an Insured contract;
b.This insurance applies to such liability assumed by the Insured;
c.The obligation to defend,or the cost of the defense of,that indemnitee,has also been assumed by the Insured in
the same Insured contract;
d.The allegations in the suit and the information we know about the occurrence are such that no conflict appears
to exist between the interests of the Insured and the interests of the indemnitee;
e.The indemnitee and the Insured ask us to conduct and control the defense of that indemnitee against such suit
and agree that we can assign the same counsel to defend the Insured and the indemnitee;and
f.The indemnitee:
(1)Agrees in writing to:
(a)Cooperate with us in the investigation,settlement or defense of the suit;
(b)Immediately send us copies of any demands,notices,summonses or legal papers received in connection
with the suit;
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(c)Notify any other insurer whose coverage is available to the indemnitee;and
(d)Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee;
and
(2)Provides us with written authorization to:
(a)Obtain records and other information related to the suit;and
(b)Conduct and control the defense of the indemnitee in such suit.
So long as the above conditions are met,attorneys'fees incurred by us in the defense of that indemnitee,necessary
litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be
paid as Supplementary Payments.Notwithstanding the provisions of Paragraph 2.b.(2)of Section I –Coverage A –
Bodily Injury And Property Damage Liability,such payments will not be deemed to be damages for bodily injury
and property damage and will not reduce the limits of insurance.
Our obligation to defend an Insured's indemnitee and to pay for attorneys'fees and necessary litigation expenses as
Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments
or settlements or the conditions set forth above,or the terms of the agreement described in Paragraph f.above,are
no longer met.
SECTION II –WHO IS AN INSURED
1.If you are designated in the Declarations as:
a.An individual,you and your spouse are Insureds,but only with respect to the conduct of a business of which you
are the sole owner.
b.A partnership or joint venture,you are an Insured.Your members,your partners,and their spouses are also
Insureds,but only with respect to the conduct of your business.
c.A limited liability company,you are an Insured.Your members are also Insureds,but only with respect to the
conduct of your business.Your managers are Insureds,but only with respect to their duties as your managers.
d.An organization other than a partnership,joint venture or limited liability company,you are an Insured.Your
executive officers and directors are Insureds,but only with respect to their duties as your officers or directors.
Your stockholders are also Insureds,but only with respect to their liability as stockholders.
e.A trust,you are an Insured.Your trustees are also Insureds,but only with respect to their duties as trustees.
2.Each of the following is also an Insured:
a.Your volunteer workers only while performing duties related to the conduct of your business,or your
employees,other than either your executive officers (if you are an organization other than a partnership,joint
venture or limited liability company)or your managers (if you are a limited liability company),but only for acts
within the scope of their employment by you or while performing duties related to the conduct of your business.
However,none of these employees or volunteer workers are Insureds for:
(1)Bodily injury or personal and advertising injury:
(a)To you,to your partners or members (if you are a partnership or joint venture),to your members (if you
are a limited liability company),to a co-employee while in the course of his or her employment or
performing duties related to the conduct of your business,or to your other volunteer workers while
performing duties related to the conduct of your business;
(b)To the spouse,child,parent,brother or sister of that co-employee or volunteer worker as a
consequence of Paragraph (1)(a)above;
(c)For which there is any obligation to share damages with or repay someone else who must pay damages
because of the injury described in Paragraph (1)(a)or (b)above;or
(d)Arising out of his or her providing or failing to provide professional health care services.
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(2)Property damage to property:
(a)Owned,occupied or used by;
(b)Rented to,in the care,custody or control of,or over which physical control is being exercised for any
purpose by;
you,any of your employees,volunteer workers,any partner or member (if you are a partnership or joint
venture),or any member (if you are a limited liability company).
b.Any person (other than your employee or volunteer worker),or any organization while acting as your real estate
manager.
c.Any person or organization having proper temporary custody of your property if you die,but only:
(1)With respect to liability arising out of the maintenance or use of that property;and
(2)Until your legal representative has been appointed.
d.Your legal representative if you die,but only with respect to duties as such.That representative will have all your
rights and duties under this Coverage Part.
3.Any organization you newly acquire or form,other than a partnership,joint venture or limited liability company,and
over which you maintain ownership or majority interest,will qualify as a Named Insured if there is no other similar
insurance available to that organization.However:
a.Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the
end of the policy period,whichever is earlier;
b.Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the
organization;and
c.Coverage B does not apply to personal and advertising injury arising out of an offense committed before you
acquired or formed the organization.
No person or organization is an Insured with respect to the conduct of any current or past partnership,joint venture or
limited liability company that is not shown as a Named Insured in the Declarations.
SECTION III –LIMITS OF INSURANCE
1.The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the
number of:
a.Insureds;
b.Claims made or suits brought;or
c.Persons or organizations making claims or bringing suits.
2.The General Aggregate Limit is the most we will pay for the sum of:
a.Medical expenses under Coverage C;
b.Damages under Coverage A,except damages because of bodily injury or property damage included in the
products-completed operations hazard;and
c.Damages under Coverage B.
3.The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages
because of bodily injury and property damage included in the products-completed operations hazard.
4.Subject to Paragraph 2.above,the Personal And Advertising Injury Limit is the most we will pay under Coverage B for
the sum of all damages because of all personal and advertising injury sustained by any one person or organization.
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5.Subject to Paragraph 2.or 3.above,whichever applies,the Each Occurrence Limit is the most we will pay for the sum
of:
a.Damages under Coverage A;and
b.Medical expenses under Coverage C
because of all bodily injury and property damage arising out of any one occurrence.
6.Subject to Paragraph 5.above,the Damage To Premises Rented To You Limit is the most we will pay under
Coverage A for damages because of property damage to any one premises,while rented to you,or in the case of
damage by fire,while rented to you or temporarily occupied by you with permission of the owner.
7.Subject to Paragraph 5.above,the Medical Expense Limit is the most we will pay under Coverage C for all medical
expenses because of bodily injury sustained by any one person.
The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining
period of less than 12 months,starting with the beginning of the policy period shown in the Declarations,unless the
policy period is extended after issuance for an additional period of less than 12 months.In that case,the additional period
will be deemed part of the last preceding period for purposes of determining the Limits of Insurance.
SECTION IV –COMMERCIAL GENERAL LIABILITY CONDITIONS
1.Bankruptcy
Bankruptcy or insolvency of the Insured or of the Insured's estate will not relieve us of our obligations under this
Coverage Part.
2.Duties In The Event Of Occurrence,Offense,Claim Or Suit
a.You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in
a claim.To the extent possible,notice should include:
(1)How,when and where the occurrence or offense took place;
(2)The names and addresses of any injured persons and witnesses;and
(3)The nature and location of any injury or damage arising out of the occurrence or offense.
b.If a claim is made or suit is brought against any Insured,you must:
(1)Immediately record the specifics of the claim or suit and the date received;and
(2)Notify us as soon as practicable.
You must see to it that we receive written notice of the claim or suit as soon as practicable.
c.You and any other involved Insured must:
(1)Immediately send us copies of any demands,notices,summonses or legal papers received in connection
with the claim or suit;
(2)Authorize us to obtain records and other information;
(3)Cooperate with us in the investigation or settlement of the claim or defense against the suit;and
(4)Assist us,upon our request,in the enforcement of any right against any person or organization which may be
liable to the Insured because of injury or damage to which this insurance may also apply.
d.No Insured will,except at that Insured's own cost,voluntarily make a payment,assume any obligation,or incur
any expense,other than for first aid,without our consent.
3.Legal Action Against Us
No person or organization has a right under this Coverage Part:
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a.To join us as a party or otherwise bring us into a suit asking for damages from an Insured;or
b.To sue us on this Coverage Part unless all of its terms have been fully complied with.
A person or organization may sue us to recover on an agreed settlement or on a final judgment against an Insured;
but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess
of the applicable limit of insurance.An agreed settlement means a settlement and release of liability signed by us,the
Insured and the claimant or the claimant's legal representative.
4.Other Insurance
If other valid and collectible insurance is available to the Insured for a loss we cover under Coverages A or B of this
Coverage Part,our obligations are limited as follows:
a.Primary Insurance
This insurance is primary except when Paragraph b.below applies.If this insurance is primary,our obligations
are not affected unless any of the other insurance is also primary.Then,we will share with all that other insurance
by the method described in Paragraph c.below.
b.Excess Insurance
(1)This insurance is excess over:
(a)Any of the other insurance,whether primary,excess,contingent or on any other basis:
(i)That is Fire,Extended Coverage,Builder's Risk,Installation Risk or similar coverage for your work;
(ii)That is Fire insurance for premises rented to you or temporarily occupied by you with permission of
the owner;
(iii)That is insurance purchased by you to cover your liability as a tenant for property damage to
premises rented to you or temporarily occupied by you with permission of the owner;or
(iv)If the loss arises out of the maintenance or use of aircraft,autos or watercraft to the extent not
subject to Exclusion g.of Section I –Coverage A –Bodily Injury And Property Damage Liability.
(b)Any other primary insurance available to you covering liability for damages arising out of the premises or
operations,or the products and completed operations,for which you have been added as an additional
Insured.
(2)When this insurance is excess,we will have no duty under Coverages A or B to defend the Insured against
any suit if any other insurer has a duty to defend the Insured against that suit.If no other insurer defends,
we will undertake to do so,but we will be entitled to the Insured's rights against all those other insurers.
(3)When this insurance is excess over other insurance,we will pay only our share of the amount of the loss,if
any,that exceeds the sum of:
(a)The total amount that all such other insurance would pay for the loss in the absence of this insurance;
and
(b)The total of all deductible and self-Insured amounts under all that other insurance.
(4)We will share the remaining loss,if any,with any other insurance that is not described in this Excess
Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the
Declarations of this Coverage Part.
c.Method Of Sharing
If all of the other insurance permits contribution by equal shares,we will follow this method also.Under this
approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the
loss remains,whichever comes first.
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If any of the other insurance does not permit contribution by equal shares,we will contribute by limits.Under this
method,each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits
of insurance of all insurers.
5.Premium Audit
a.We will compute all premiums for this Coverage Part in accordance with our rules and rates.
b.Premium shown in this Coverage Part as advance premium is a deposit premium only.At the close of each audit
period we will compute the earned premium for that period and send notice to the First Named Insured.The due
date for audit and retrospective premiums is the date shown as the due date on the bill.If the sum of the advance
and audit premiums paid for the policy period is greater than the earned premium,we will return the excess to
the First Named Insured.
c.The First Named Insured must keep records of the information we need for premium computation,and send us
copies at such times as we may request.
6.Representations
By accepting this policy,you agree:
a.The statements in the Declarations are accurate and complete;
b.Those statements are based upon representations you made to us;and
c.We have issued this policy in reliance upon your representations.
7.Separation Of Insureds
Except with respect to the Limits of Insurance,and any rights or duties specifically assigned in this Coverage Part to
the First Named Insured,this insurance applies:
a.As if each Named Insured were the only Named Insured;and
b.Separately to each Insured against whom claim is made or suit is brought.
8.Transfer Of Rights Of Recovery Against Others To Us
If the Insured has rights to recover all or part of any payment we have made under this Coverage Part,those rights
are transferred to us.The Insured must do nothing after loss to impair them.At our request,the Insured will bring suit
or transfer those rights to us and help us enforce them.
9.When We Do Not Renew
If we decide not to renew this Coverage Part,we will mail or deliver to the First Named Insured shown in the
Declarations written notice of the nonrenewal not less than 30 days before the expiration date.
If notice is mailed,proof of mailing will be sufficient proof of notice.
SECTION V –DEFINITIONS
1.Advertisement means a notice that is broadcast or published to the general public or specific market segments about
your goods,products or services for the purpose of attracting customers or supporters.For the purposes of this
definition:
a.Notices that are published include material placed on the Internet or on similar electronic means of
communication;and
b.Regarding web sites,only that part of a web site that is about your goods,products or services for the purposes of
attracting customers or supporters is considered an advertisement.
2.Auto means:
a.A land motor vehicle,trailer or semitrailer designed for travel on public roads,including any attached machinery or
equipment;or
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b.Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle
insurance law where it is licensed or principally garaged.
However,auto does not include mobile equipment.
3.Bodily injury means bodily injury,sickness or disease sustained by a person,including death resulting from any of
these at any time.
4.Coverage territory means:
a.The United States of America (including its territories and possessions),Puerto Rico and Canada;
b.International waters or airspace,but only if the injury or damage occurs in the course of travel or transportation
between any places included in Paragraph a.above;or
c.All other parts of the world if the injury or damage arises out of:
(1)Goods or products made or sold by you in the territory described in Paragraph a.above;
(2)The activities of a person whose home is in the territory described in Paragraph a.above,but is away for a
short time on your business;or
(3)Personal and advertising injury offenses that take place through the Internet or similar electronic means of
communication;
provided the Insured's responsibility to pay damages is determined in a suit on the merits,in the territory
described in Paragraph a.above or in a settlement we agree to.
5.Employee includes a leased worker.Employee does not include a temporary worker.
6.Executive officer means a person holding any of the officer positions created by your charter,constitution,bylaws or
any other similar governing document.
7.Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be.
8.Impaired property means tangible property,other than your product or your work,that cannot be used or is less
useful because:
a.It incorporates your product or your work that is known or thought to be defective,deficient,inadequate or
dangerous;or
b.You have failed to fulfill the terms of a contract or agreement;
if such property can be restored to use by the repair,replacement,adjustment or removal of your product or your
work or your fulfilling the terms of the contract or agreement.
9.Insured contract means:
a.A contract for a lease of premises.However,that portion of the contract for a lease of premises that indemnifies
any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with
permission of the owner is not an Insured contract;
b.A sidetrack agreement;
c.Any easement or license agreement,except in connection with construction or demolition operations on or within
50 feet of a railroad;
d.An obligation,as required by ordinance,to indemnify a municipality,except in connection with work for a
municipality;
e.An elevator maintenance agreement;
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f.That part of any other contract or agreement pertaining to your business (including an indemnification of a
municipality in connection with work performed for a municipality)under which you assume the tort liability of
another party to pay for bodily injury or property damage to a third person or organization.Tort liability means a
liability that would be imposed by law in the absence of any contract or agreement.
Paragraph f.does not include that part of any contract or agreement:
(1)That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition
operations,within 50 feet of any railroad property and affecting any railroad bridge or trestle,tracks,road-
beds,tunnel,underpass or crossing;
(2)That indemnifies an architect,engineer or surveyor for injury or damage arising out of:
(a)Preparing,approving,or failing to prepare or approve,maps,shop drawings,opinions,reports,surveys,
field orders,change orders or drawings and specifications;or
(b)Giving directions or instructions,or failing to give them,if that is the primary cause of the injury or
damage;or
(3)Under which the Insured,if an architect,engineer or surveyor,assumes liability for an injury or damage
arising out of the Insured's rendering or failure to render professional services,including those listed in (2)
above and supervisory,inspection,architectural or engineering activities.
10.Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor
leasing firm,to perform duties related to the conduct of your business.Leased worker does not include a temporary
worker.
11.Loading or unloading means the handling of property:
a.After it is moved from the place where it is accepted for movement into or onto an aircraft,watercraft or auto;
b.While it is in or on an aircraft,watercraft or auto;or
c.While it is being moved from an aircraft,watercraft or auto to the place where it is finally delivered;
but loading or unloading does not include the movement of property by means of a mechanical device,other than a
hand truck,that is not attached to the aircraft,watercraft or auto.
12.Mobile equipment means any of the following types of land vehicles,including any attached machinery or equipment:
a.Bulldozers,farm machinery,forklifts and other vehicles designed for use principally off public roads;
b.Vehicles maintained for use solely on or next to premises you own or rent;
c.Vehicles that travel on crawler treads;
d.Vehicles,whether self-propelled or not,maintained primarily to provide mobility to permanently mounted:
(1)Power cranes,shovels,loaders,diggers or drills;or
(2)Road construction or resurfacing equipment such as graders,scrapers or rollers;
e.Vehicles not described in Paragraph a.,b.,c.or d.above that are not self-propelled and are maintained primarily
to provide mobility to permanently attached equipment of the following types:
(1)Air compressors,pumps and generators,including spraying,welding,building cleaning,geophysical
exploration,lighting and well servicing equipment;or
(2)Cherry pickers and similar devices used to raise or lower workers;
f.Vehicles not described in Paragraph a.,b.,c.or d.above maintained primarily for purposes other than the
transportation of persons or cargo.
However,self-propelled vehicles with the following types of permanently attached equipment are not mobile
equipment but will be considered autos:
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(1)Equipment designed primarily for:
(a)Snow removal;
(b)Road maintenance,but not construction or resurfacing;or
(c)Street cleaning;
(2)Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower
workers;and
(3)Air compressors,pumps and generators,including spraying,welding,building cleaning,geophysical
exploration,lighting and well servicing equipment.
However,mobile equipment does not include any land vehicles that are subject to a compulsory or financial
responsibility law or other motor vehicle insurance law where it is licensed or principally garaged.Land vehicles
subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos.
13.Occurrence means an accident,including continuous or repeated exposure to substantially the same general harmful
conditions.
14.Personal and advertising injury means injury,including consequential bodily injury,arising out of one or more of
the following offenses:
a.False arrest,detention or imprisonment;
b.Malicious prosecution;
c.The wrongful eviction from,wrongful entry into,or invasion of the right of private occupancy of a room,dwelling or
premises that a person occupies,committed by or on behalf of its owner,landlord or lessor;
d.Oral or written publication,in any manner,of material that slanders or libels a person or organization or
disparages a person's or organization's goods,products or services;
e.Oral or written publication,in any manner,of material that violates a person's right of privacy;
f.The use of another's advertising idea in your advertisement;or
g.Infringing upon another's copyright,trade dress or slogan in your advertisement.
15.Pollutants mean any solid,liquid,gaseous or thermal irritant or contaminant,including smoke,vapor,soot,fumes,
acids,alkalis,chemicals and waste.Waste includes materials to be recycled,reconditioned or reclaimed.
16.Products-completed operations hazard:
a.Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of
your product or your work except:
(1)Products that are still in your physical possession;or
(2)Work that has not yet been completed or abandoned.However,your work will be deemed completed at the
earliest of the following times:
(a)When all of the work called for in your contract has been completed.
(b)When all of the work to be done at the job site has been completed if your contract calls for work at more
than one job site.
(c)When that part of the work done at a job site has been put to its intended use by any person or
organization other than another contractor or subcontractor working on the same project.
Work that may need service,maintenance,correction,repair or replacement,but which is otherwise
complete,will be treated as completed.
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b.Does not include bodily injury or property damage arising out of:
(1)The transportation of property,unless the injury or damage arises out of a condition in or on a vehicle not
owned or operated by you,and that condition was created by the loading or unloading of that vehicle by any
Insured;
(2)The existence of tools,uninstalled equipment or abandoned or unused materials;or
(3)Products or operations for which the classification,listed in the Declarations or in a policy Schedule,states
that products-completed operations are subject to the General Aggregate Limit.
17.Property damage means:
a.Physical injury to tangible property,including all resulting loss of use of that property.All such loss of use shall be
deemed to occur at the time of the physical injury that caused it;or
b.Loss of use of tangible property that is not physically injured.All such loss of use shall be deemed to occur at the
time of the occurrence that caused it.
For the purposes of this insurance,electronic data is not tangible property.
As used in this definition,electronic data means information,facts or programs stored as or on,created or used on,or
transmitted to or from computer software,including systems and applications software,hard or floppy disks,CD-
ROMs,tapes,drives,cells,data processing devices or any other media which are used with electronically controlled
equipment.
18.Suit means a civil proceeding in which damages because of bodily injury,property damage or personal and
advertising injury to which this insurance applies are alleged.suit includes:
a.An arbitration proceeding in which such damages are claimed and to which the Insured must submit or does
submit with our consent;or
b.Any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured
submits with our consent.
19.Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to
meet seasonal or short-term workload conditions.
20.Volunteer worker means a person who is not your employee,and who donates his or her work and acts at the
direction of and within the scope of duties determined by you,and is not paid a fee,salary or other compensation by
you or anyone else for their work performed for you.
21.Your product:
a.Means:
(1)Any goods or products,other than real property,manufactured,sold,handled,distributed or disposed of by:
(a)You;
(b)Others trading under your name;or
(c)A person or organization whose business or assets you have acquired;and
(2)Containers (other than vehicles),materials,parts or equipment furnished in connection with such goods or
products.
b.Includes:
(1)Warranties or representations made at any time with respect to the fitness,quality,durability,performance or
use of your product;and
(2)The providing of or failure to provide warnings or instructions.
c.Does not include vending machines or other property rented to or located for the use of others but not sold.
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Commercial General Liability Coverage Part
22.Your work:
a.Means:
(1)Work or operations performed by you or on your behalf;and
(2)Materials,parts or equipment furnished in connection with such work or operations.
b.Includes:
(1)Warranties or representations made at any time with respect to the fitness,quality,durability,performance or
use of your work;and
(2)The providing of or failure to provide warnings or instructions.
CG0001 04-13 Page 20 of 20
Copyright Insurance Services Office,Inc.,2012
CNA PARAMOUNT
General Liability Extension Endorsement
It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART
as follows.If any other endorsement attached to this policy amends any provision also amended by this endorsement,
then that other endorsement controls with respect to such provision,and the changes made by this endorsement with
respect to such provision do not apply.
TABLE OF CONTENTS
1.Additional Insureds
2.Additional Insured -Primary And Non-Contributory To Additional Insured’s Insurance
3.Bodily Injury –Expanded Definition
4.Broad Knowledge of Occurrence/Notice of Occurrence
5.Broad Named Insured
6.Estates,Legal Representatives and Spouses
7.Expected Or Intended Injury –Exception for Reasonable Force
8.In Rem Actions
9.Incidental Health Care Malpractice Coverage
10.Joint Ventures/Partnership/Limited Liability Companies
11.Legal Liability –Damage To Premises
12.Medical Payments
13.Non-owned Aircraft Coverage
14.Non-owned Watercraft
15.Personal And Advertising Injury –Discrimination or Humiliation
16.Personal And Advertising Injury -Contractual Liability
17.Property Damage -Elevators
18.Supplementary Payments
19.Unintentional Failure To Disclose Hazards
20.Waiver of Subrogation –Blanket
4032877971CNA74879XX(1-15)Policy No:
4Page1of13EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
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CNA PARAMOUNT
General Liability Extension Endorsement
1.ADDITIONAL INSUREDS
a.WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs
A.through K.below whom a Named Insured is required to add as an additional insured on this Coverage Part
under a written contract or written agreement,provided such contract or agreement:
(1)is currently in effect or becomes effective during the term of this Coverage Part;and
(2)was executed prior to:
(a)the bodily injury or property damage;or
(b)the offense that caused the personal and advertising injury,
for which such additional insured seeks coverage.
b.However,subject always to the terms and conditions of this policy,including the limits of insurance,the Insurer
will not provide such additional insured with:
(1)a higher limit of insurance than required by such contract or agreement;or
(2)coverage broader than required by such contract or agreement,and in no event broader than that described
by the applicable paragraph A.through K.below.
Any coverage granted by this endorsement shall apply only to the extent permissible by law.
A.Controlling Interest
Any person or organization with a controlling interest in a Named Insured,but only with respect to such person or
organization’s liability for bodily injury,property damage or personal and advertising injury arising out of:
1.such person or organization’s financial control of a Named Insured;or
2.premises such person or organization owns,maintains or controls while a Named Insured leases or
occupies such premises;
provided that the coverage granted by this paragraph does not apply to structural alterations,new construction or
demolition operations performed by,on behalf of,or for such additional insured.
B.Co-owner of Insured Premises
A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect
to such co-owner’s liability for bodily injury,property damage or personal and advertising injury as co-owner
of such premises.
C.Grantor of Franchise
Any person or organization that has granted a franchise to a Named Insured,but only with respect to such
person or organization’s liability for bodily injury,property damage or personal and advertising injury as
grantor of a franchise to the Named Insured.
D.Lessor of Equipment
Any person or organization from whom a Named Insured leases equipment,but only with respect to liability for
bodily injury,property damage or personal and advertising injury caused,in whole or in part,by the Named
Insured’s maintenance,operation or use of such equipment,provided that the occurrence giving rise to such
bodily injury,property damage or the offense giving rise to such personal and advertising injury takes place
prior to the termination of such lease.
4032877971CNA74879XX(1-15)Policy No:
4Page2of13EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA PARAMOUNT
General Liability Extension Endorsement
E.Lessor of Land
Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily
injury,property damage or personal and advertising injury arising out of the ownership,maintenance or use
of such land,provided that the occurrence giving rise to such bodily injury or property damage,or the offense
giving rise to such personal and advertising injury,takes place prior to the termination of such lease.The
coverage granted by this paragraph does not apply to structural alterations,new construction or demolition
operations performed by,on behalf of,or for such additional insured.
F.Lessor of Premises
An owner or lessor of premises leased to the Named Insured,or such owner or lessor’s real estate manager,but
only with respect to liability for bodily injury,property damage or personal and advertising injury arising out of
the ownership,maintenance or use of such part of the premises leased to the Named Insured,and provided that
the occurrence giving rise to such bodily injury,property damage or the offense giving rise to such personal
and advertising injury takes place prior to the termination of such lease.The coverage granted by this
paragraph does not apply to structural alterations,new construction or demolition operations performed by,on
behalf of,or for such additional insured.
G.Mortgagee,Assignee or Receiver
A mortgagee,assignee or receiver of premises but only with respect to such mortgagee,assignee or receiver’s
liability for bodily injury,property damage or personal and advertising injury arising out of the Named
Insured’s ownership,maintenance,or use of a premises by a Named Insured.
The coverage granted by this paragraph does not apply to structural alterations,new construction or demolition
operations performed by,on behalf of,or for such additional insured.
H.State or Governmental Agency or Subdivision or Political Subdivisions –Permits
A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization,
but only with respect to such state or governmental agency or subdivision or political subdivision’s liability for
bodily injury,property damage or personal and advertising injury arising out of:
1.the following hazards in connection with premises a Named Insured owns,rents,or controls and to which
this insurance applies:
a.the existence,maintenance,repair,construction,erection,or removal of advertising signs,awnings,
canopies,cellar entrances,coal holes,driveways,manholes,marquees,hoistaway openings,sidewalk
vaults,street banners,or decorations and similar exposures;or
b.the construction,erection,or removal of elevators;or
c.the ownership,maintenance or use of any elevators covered by this insurance;or
2.the permitted or authorized operations performed by a Named Insured or on a Named Insured’s behalf.
The coverage granted by this paragraph does not apply to:
a.Bodily injury,property damage or personal and advertising injury arising out of operations performed
for the state or governmental agency or subdivision or political subdivision;or
b.Bodily injury or property damage included within the products-completed operations hazard.
With respect to this provision’s requirement that additional insured status must be requested under a written
contract or agreement,the Insurer will treat as a written contract any governmental permit that requires the
Named Insured to add the governmental entity as an additional insured.
4032877971CNA74879XX(1-15)Policy No:
4Page3of13EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
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CNA PARAMOUNT
General Liability Extension Endorsement
I.Trade Show Event Lessor
1.With respect to a Named Insured’s participation in a trade show event as an exhibitor,presenter or
displayer,any person or organization whom the Named Insured is required to include as an additional
insured,but only with respect to such person or organization’s liability for bodily injury,property damage or
personal and advertising injury caused by:
a.the Named Insured’s acts or omissions;or
b.the acts or omissions of those acting on the Named Insured’s behalf,
in the performance of the Named Insured’s ongoing operations at the trade show event premises during the
trade show event.
2.The coverage granted by this paragraph does not apply to bodily injury or property damage included
within the products-completed operations hazard.
J.Vendor
Any person or organization but only with respect to such person or organization’s liability for bodily injury or
property damage arising out of your products which are distributed or sold in the regular course of such person
or organization's business,provided that:
1.The coverage granted by this paragraph does not apply to:
a.bodily injury or property damage for which such person or organization is obligated to pay damages by
reason of the assumption of liability in a contract or agreement unless such liability exists in the absence
of the contract or agreement;
b.any express warranty unauthorized by the Named Insured;
c.any physical or chemical change in any product made intentionally by such person or organization;
d.repackaging,except when unpacked solely for the purpose of inspection,demonstration,testing,or the
substitution of parts under instructions from the manufacturer,and then repackaged in the original
container;
e.any failure to make any inspections,adjustments,tests or servicing that such person or organization has
agreed to make or normally undertakes to make in the usual course of business,in connection with the
distribution or sale of the products;
f.demonstration,installation,servicing or repair operations,except such operations performed at the such
person or organization’s premises in connection with the sale of a product;
g.products which,after distribution or sale by the Named Insured,have been labeled or relabeled or used
as a container,part or ingredient of any other thing or substance by or for such person or organization;or
h.bodily injury or property damage arising out of the sole negligence of such person or organization for
its own acts or omissions or those of its employees or anyone else acting on its behalf.However,this
exclusion does not apply to:
(1)the exceptions contained in Subparagraphs d.or f.above;or
(2)such inspections,adjustments,tests or servicing as such person or organization has agreed with the
Named Insured to make or normally undertakes to make in the usual course of business,in
connection with the distribution or sale of the products.
2.This Paragraph J.does not apply to any insured person or organization,from whom the Named Insured has
acquired such products,nor to any ingredient,part or container,entering into,accompanying or containing
such products.
4032877971CNA74879XX(1-15)Policy No:
4Page4of13EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA PARAMOUNT
General Liability Extension Endorsement
3.This Paragraph J.also does not apply:
a.to any vendor specifically scheduled as an additional insured by endorsement to this Coverage Part;
b.to any of your products for which coverage is excluded by endorsement to this Coverage Part;nor
c.if bodily injury or property damage included within the products-completed operations hazard is
excluded by endorsement to this Coverage Part.
K.Other Person Or Organization
Any person or organization who is not an additional insured under Paragraphs A.through J.above.Such
additional insured is an Insured solely for bodily injury,property damage or personal and advertising injury
for which such additional insured is liable because of the Named Insured’s acts or omissions.
The coverage granted by this paragraph does not apply to any person or organization:
1.for bodily injury,property damage,or personal and advertising injury arising out of the rendering or
failure to render any professional service;
2.for bodily injury or property damage included within the products-completed operations hazard;nor
3.who is specifically scheduled as an additional insured on another endorsement to this Coverage Part.
2.ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED’S INSURANCE
A.The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended
to add the following paragraph:
If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non-
contributory relative to an additional insured's own insurance,then this insurance is primary,and the Insurer will
not seek contribution from that other insurance.For the purpose of this Provision 2.,the additional insured's own
insurance means insurance on which the additional insured is a named insured.
B.With respect to persons or organizations that qualify as additional insureds pursuant to paragraph 1.K.of this
endorsement,the following sentence is added to the paragraph above:
Otherwise,and notwithstanding anything to the contrary elsewhere in this Condition,the insurance provided to
such person or organization is excess of any other insurance available to such person or organization.
3.BODILY INJURY –EXPANDED DEFINITION
Under DEFINITIONS the definition of bodily injury is deleted and replaced by the following:
Bodily injury means physical injury,sickness or disease sustained by a person,including death,humiliation,shock,
mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical
injury,sickness or disease.
4.BROAD KNOWLEDGE OF OCCURRENCE/NOTICE OF OCCURRENCE
Under CONDITIONS,the condition entitled Duties in The Event of Occurrence,Offense,Claim or Suit is amended
to add the following:
A.BROAD KNOWLEDGE OF OCCURRENCE
The Named Insured must give the Insurer or the Insurer’s authorized representative notice of an occurrence,
offense or claim only when the occurrence,offense or claim is known to a natural person Named Insured,to a
partner,executive officer,manager or member of a Named Insured,or to an employee designated by any of the
above to give such notice.
B.NOTICE OF OCCURRENCE
4032877971CNA74879XX(1-15)Policy No:
4Page5of13EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
40
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CNA PARAMOUNT
General Liability Extension Endorsement
The Named Insured’s rights under this Coverage Part will not be prejudiced if the Named Insured fails to give
the Insurer notice of an occurrence,offense or claim and that failure is solely due to the Named Insured’s
reasonable belief that the bodily injury or property damage is not covered under this Coverage Part.However,
the Named Insured shall give written notice of such occurrence,offense or claim to the Insurer as soon as the
Named Insured is aware that this insurance may apply to such occurrence,offense or claim.
5.BROAD NAMED INSURED
WHO IS AN INSURED is amended to delete its Paragraph 3.in its entirety and replace it with the following:
3.Pursuant to the limitations described in Paragraph 4.below,any organization in which a Named Insured has
management control:
a.on the effective date of this Coverage Part;or
b.by reason of a Named Insured creating or acquiring the organization during the policy period,
qualifies as a Named Insured,provided that there is no other similar liability insurance,whether primary,
contributory,excess,contingent or otherwise,which provides coverage to such organization,or which would have
provided coverage but for the exhaustion of its limit,and without regard to whether its coverage is broader or
narrower than that provided by this insurance.
But this BROAD NAMED INSURED provision does not apply to:
(a)any partnership,limited liability company or joint venture;or
(b)any organization for which coverage is excluded by another endorsement attached to this Coverage Part.
For the purpose of this provision,management control means:
A.owning interests representing more than 50%of the voting,appointment or designation power for the
selection of a majority of the Board of Directors of a corporation;or
B.having the right,pursuant to a written trust agreement,to protect,control the use of,encumber or transfer or
sell property held by a trust.
4.With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3.above,this insurance
does not apply to:
a.bodily injury or property damage that first occurred prior to the date of management control,or that first
occurs after management control ceases;nor
b.personal or advertising injury caused by an offense that first occurred prior to the date of management
control or that first occurs after management control ceases.
5.The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names
or under such other trading names or doing-business-as names (dba)as any Named Insured should choose to
employ.
6.ESTATES,LEGAL REPRESENTATIVES,AND SPOUSES
The estates,heirs,legal representatives and spouses of any natural person Insured shall also be insured under this
policy;provided,however,coverage is afforded to such estates,heirs,legal representatives,and spouses only for
claims arising solely out of their capacity or status as such and,in the case of a spouse,where such claim seeks
damages from marital community property,jointly held property or property transferred from such natural person
Insured to such spouse.No coverage is provided for any act,error or omission of an estate,heir,legal
representative,or spouse outside the scope of such person's capacity or status as such,provided however that the
spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership
Named Insureds are Insureds with respect to such spouses’acts,errors or omissions in the conduct of the Named
Insured’s business.
4032877971CNA74879XX(1-15)Policy No:
4Page6of13EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA PARAMOUNT
General Liability Extension Endorsement
7.EXPECTED OR INTENDED INJURY –EXCEPTION FOR REASONABLE FORCE
Under COVERAGES,Coverage A –Bodily Injury And Property Damage Liability,the paragraph entitled
Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following:
This insurance does not apply to:
Expected or Intended Injury
Bodily injury or property damage expected or intended from the standpoint of the Insured.This exclusion does not
apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property.
8.IN REM ACTIONS
A quasi in rem action against any vessel owned or operated by or for the Named Insured,or chartered by or for the
Named Insured,will be treated in the same manner as though the action were in personam against the Named
Insured.
9.INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE
Solely with respect to bodily injury that arises out of a health care incident:
A.Under COVERAGES,Coverage A –Bodily Injury And Property Damage Liability,the Insuring Agreement is
amended to replace Paragraphs 1.b.(1)and 1.b.(2)with the following:
b.This insurance applies to bodily injury provided that the professional health care services are incidental to
the Named Insured’s primary business purpose,and only if:
(1)such bodily injury is caused by an occurrence that takes place in the coverage territory.
(2)the bodily injury first occurs during the policy period.All bodily injury arising from an occurrence will
be deemed to have occurred at the time of the first act,error,or omission that is part of the occurrence;
and
B.Under COVERAGES,Coverage A –Bodily Injury And Property Damage Liability,the paragraph entitled
Exclusions is amended to:
i.add the following to the Employers Liability exclusion:
This exclusion applies only if the bodily injury arising from a health care incident is covered by other
liability insurance available to the Insured (or which would have been available but for exhaustion of its
limits).
ii.delete the exclusion entitled Contractual Liability and replace it with the following:
This insurance does not apply to:
Contractual Liability
the Insured’s actual or alleged liability under any oral or written contract or agreement,including but not
limited to express warranties or guarantees.
iii.add the following additional exclusions.
This insurance does not apply to:
Discrimination
any actual or alleged discrimination,humiliation or harassment,including but not limited to claims based on
an individual’s race,creed,color,age,gender,national origin,religion,disability,marital status or sexual
orientation.
4032877971CNA74879XX(1-15)Policy No:
4Page7of13EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
40
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CNA PARAMOUNT
General Liability Extension Endorsement
Dishonesty or Crime
Any actual or alleged dishonest,criminal or malicious act,error or omission.
Medicare/Medicaid Fraud
any actual or alleged violation of law with respect to Medicare,Medicaid,Tricare or any similar federal,state
or local governmental program.
Services Excluded by Endorsement
Any health care incident for which coverage is excluded by endorsement.
C.DEFINITIONS is amended to:
i.add the following definitions:
Health care incident means an act,error or omission by the Named Insured’s employees or volunteer
workers in the rendering of:
a.professional health care services on behalf of the Named Insured or
b.Good Samaritan services rendered in an emergency and for which no payment is demanded or received.
Professional health care services means any health care services or the related furnishing of food,
beverages,medical supplies or appliances by the following providers in their capacity as such but solely to
the extent they are duly licensed as required:
a.Physician;
b.Nurse;
c.Nurse practitioner;
d.Emergency medical technician;
e.Paramedic;
f.Dentist;
g.Physical therapist;
h.Psychologist;
i.Speech therapist;
j.Other allied health professional;or
Professional health care services does not include any services rendered in connection with human clinical
trials or product testing.
ii.delete the definition of occurrence and replace it with the following:
Occurrence means a health care incident.All acts,errors or omissions that are logically connected by any
common fact,circumstance,situation,transaction,event,advice or decision will be considered to constitute a
single occurrence;
iii.amend the definition of Insured to:
a.add the following:
•the Named Insured’s employees are Insureds with respect to:
4032877971CNA74879XX(1-15)Policy No:
4Page8of13EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA PARAMOUNT
General Liability Extension Endorsement
(1)bodily injury to a co-employee while in the course of the co-employee’s employment by the
Named Insured or while performing duties related to the conduct of the Named Insured’s
business;and
(2)bodily injury to a volunteer worker while performing duties related to the conduct of the
Named Insured’s business;
when such bodily injury arises out of a health care incident.
•the Named Insured’s volunteer workers are Insureds with respect to:
(1)bodily injury to a co-volunteer worker while performing duties related to the conduct of the
Named Insured’s business;and
(2)bodily injury to an employee while in the course of the employee’s employment by the Named
Insured or while performing duties related to the conduct of the Named Insured’s business;
when such bodily injury arises out of a health care incident.
b.delete Subparagraphs (a),(b),(c)and (d)of Paragraph 2.a.(1)of WHO IS AN INSURED.
c.add the following:
Insured does not include any physician while acting in his or her capacity as such.
D.The Other Insurance condition is amended to delete Paragraph b.(1)in its entirety and replace it with the
following:
Other Insurance
b.Excess Insurance
(1)To the extent this insurance applies,it is excess over any other insurance,self insurance or risk transfer
instrument,whether primary,excess,contingent or on any other basis,except for insurance purchased
specifically by the Named Insured to be excess of this coverage.
10.JOINT VENTURES /PARTNERSHIP /LIMITED LIABILITY COMPANIES
WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following:
No person or organization is an Insured with respect to the conduct of any current or past partnership,joint venture or
limited liability company that is not shown as a Named Insured in the Declarations,except that if the Named Insured
was a joint venturer,partner,or member of a limited liability company and such joint venture,partnership or limited
liability company terminated prior to or during the policy period,such Named Insured is an Insured with respect to
its interest in such joint venture,partnership or limited liability company but only to the extent that:
a.any offense giving rise to personal and advertising injury occurred prior to such termination date,and the
personal and advertising injury arising out of such offense first occurred after such termination date;
b.the bodily injury or property damage first occurred after such termination date;and
c.there is no other valid and collectible insurance purchased specifically to insure the partnership,joint venture or
limited liability company.
11.LEGAL LIABILITY –DAMAGE TO PREMISES
A.Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled
Exclusions is amended to delete the first paragraph immediately following subparagraph (6)of the Damage to
Property exclusion and replace it with the following:
Paragraphs (1),(3)and (4)of this exclusion do not apply to property damage (other than damage by fire)to
premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the
4032877971CNA74879XX(1-15)Policy No:
4Page9of13EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
40
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CNA PARAMOUNT
General Liability Extension Endorsement
owner,nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days.
A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF
INSURANCE.
B.Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled
Exclusions is amended to delete its last paragraph and replace it with the following:
Exclusions c.through n.do not apply to damage by fire to premises while rented to a Named Insured or
temporarily occupied by a Named Insured with permission of the owner,nor to damage to the contents of
premises rented to a Named Insured for a period of 7 or fewer consecutive days.
A separate limit of insurance applies to this coverage as described in the LIMITS OF INSURANCE Section.
C.LIMITS OF INSURANCE is amended to delete Paragraph 6.(the Damage To Premises Rented To You Limit)and
replace it with the following:
6.Subject to Paragraph 5.above,(the Each Occurrence Limit),the Damage To Premises Rented To You Limit
is the most the Insurer will pay under COVERAGE A for damages because of property damage to:
a.any one premises while rented to a Named Insured or temporarily occupied by a Named Insured with
the permission of the owner;and
b.contents of such premises if the premises is rented to the Named Insured for a period of 7 or fewer
consecutive days.
The Damage To Premises Rented To You Limit is $200,000.unless a higher Damage to Premises Rented to
You Limit is shown in the Declarations.
D.The Other Insurance Condition is amended to delete Paragraph b.(1)(a)(ii),and replace it with the following:
(ii)That is property insurance for premises rented to a Named Insured,for premises temporarily occupied by the
Named Insured with the permission of the owner;or for personal property of others in the Named Insured’s
care,custody or control;
E.This Provision 11.does not apply if liability for damage to premises rented to a Named Insured is excluded by
another endorsement attached to this Coverage Part.
12.MEDICAL PAYMENTS
A.LIMITS OF INSURANCE is amended to delete Paragraph 7.(the Medical Expense Limit)and replace it with the
following:
7.Subject to Paragraph 5.above (the Each Occurrence Limit),the Medical Expense Limit is the most the
Insurer will pay under Coverage C -Medical Payments for all medical expenses because of bodily injury
sustained by any one person.The Medical Expense Limit is the greater of:
(1)$15,000 unless a different amount is shown here:;or
(2)the amount shown in the Declarations for Medical Expense Limit.
B.Under COVERAGES,Coverage C –Medical Payments,the Insuring Agreement is amended to replace
Paragraph 1.a.(3)(b)with the following:
(b)The expenses are incurred and reported to the Insurer within three years of the date of the accident;and
13.NON-OWNED AIRCRAFT
Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled
Exclusions is amended as follows:
4032877971CNA74879XX(1-15)Policy No:
4Page10of13EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA PARAMOUNT
General Liability Extension Endorsement
The exclusion entitled Aircraft,Auto or Watercraft is amended to add the following:
This exclusion does not apply to an aircraft not owned by any Named Insured,provided that:
1.the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United
States of America or Canada,designating that person as a commercial or airline transport pilot;
2.the aircraft is rented with a trained,paid crew to the Named Insured;and
3.the aircraft is not being used to carry persons or property for a charge.
14.NON-OWNED WATERCRAFT
Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled
Exclusions is amended to delete subparagraph (2)of the exclusion entitled Aircraft,Auto or Watercraft,and
replace it with the following.
This exclusion does not apply to:
(2)a watercraft that is not owned by any Named Insured,provided the watercraft is:
(a)less than 75 feet long;and
(b)not being used to carry persons or property for a charge.
15.PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATION
A.Under DEFINITIONS,the definition of personal and advertising injury is amended to add the following tort:
•Discrimination or humiliation that results in injury to the feelings or reputation of a natural person.
B.Under COVERAGES,Coverage B –Personal and Advertising Injury Liability,the paragraph entitled
Exclusions is amended to:
1.delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following:
This insurance does not apply to:
Knowing Violation of Rights of Another
Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act
would violate the rights of another and would inflict personal and advertising injury.This exclusion shall not
apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person,but
only if such discrimination or humiliation is not done intentionally by or at the direction of:
(a)the Named Insured;or
(b)any executive officer,director,stockholder,partner,member or manager (if the Named Insured is a
limited liability company)of the Named Insured.
2.add the following exclusions:
This insurance does not apply to:
Employment Related Discrimination
discrimination or humiliation directly or indirectly related to the employment,prospective employment,past
employment or termination of employment of any person by any Insured.
Premises Related Discrimination
discrimination or humiliation arising out of the sale,rental,lease or sub-lease or prospective sale,rental,
lease or sub-lease of any room,dwelling or premises by or at the direction of any Insured.
4032877971CNA74879XX(1-15)Policy No:
4Page11of13EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
40
0
2
0
0
0
7
1
4
0
3
2
8
7
7
9
7
1
7
6
5
0
CNA PARAMOUNT
General Liability Extension Endorsement
Notwithstanding the above,there is no coverage for fines or penalties levied or imposed by a governmental entity
because of discrimination.
The coverage provided by this PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATION
Provision does not apply to any person or organization whose status as an Insured derives solely from
•Provision 1.ADDITIONAL INSUREDS of this endorsement;or
•attachment of an additional insured endorsement to this Coverage Part.
16.PERSONAL AND ADVERTISING INJURY -CONTRACTUAL LIABILITY
A.Under COVERAGES,Coverage B –Personal and Advertising Injury Liability,the paragraph entitled
Exclusions is amended to delete the exclusion entitled Contractual Liability and replace it with the following:
This insurance does not apply to:
Contractual Liability
Personal and advertising injury for which the Insured has assumed liability in a contract or agreement.
This exclusion does not apply to liability for damages:
(1)that the Insured would have in the absence of the contract or agreement;or
(2)assumed in a contract or agreement that is an insured contract provided the offense that caused such
personal or advertising injury first occurred subsequent to the execution of such insured contract.Solely
for the purpose of liability assumed in an insured contract,reasonable attorney fees and necessary litigation
expenses incurred by or for a party other than an Insured are deemed to be damages because of personal
and advertising injury provided:
(a)liability to such party for,or for the cost of,that party's defense has also been assumed in such insured
contract;and
(b)such attorney fees and litigation expenses are for defense of such party against a civil or alternative
dispute resolution proceeding in which covered damages are alleged.
B.Solely for the purpose of the coverage provided by this paragraph,DEFINITIONS is amended to delete the
definition of insured contract in its entirety,and replace it with the following:
Insured contract means that part of a written contract or written agreement pertaining to the Named Insured’s
business under which the Named Insured assumes the tort liability of another party to pay for personal or
advertising injury arising out of the offense of false arrest,detention or imprisonment.Tort liability means a
liability that would be imposed by law in the absence of any contract or agreement.
C.Solely for the purpose of the coverage provided by this paragraph,the following changes are made to the Section
entitled SUPPLEMENTARY PAYMENTS –COVERAGES A AND B:
1.Paragraph 2.d.is replaced by the following:
d.The allegations in the suit and the information the Insurer knows about the offense alleged in such suit
are such that no conflict appears to exist between the interests of the Insured and the interests of the
indemnitee;
2.The first unnumbered paragraph beneath Paragraph 2.f.(2)(b)is deleted and replaced by the following:
So long as the above conditions are met,attorneys fees incurred by the Insurer in the defense of that
indemnitee,necessary litigation expenses incurred by the Insurer,and necessary litigation expenses incurred
by the indemnitee at the Insurer’s request will be paid as defense costs.Notwithstanding the provisions of
Paragraph e.(2)of the Contractual Liability exclusion (as amended by this Endorsement),such payments will
4032877971CNA74879XX(1-15)Policy No:
4Page12of13EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA PARAMOUNT
General Liability Extension Endorsement
not be deemed to be damages for personal and advertising injury and will not reduce the limits of
insurance.
D.This PERSONAL AND ADVERTISING INJURY -LIMITED CONTRACTUAL LIABILITY Provision does not
apply if Coverage B –Personal and Advertising Injury Liability is excluded by another endorsement attached
to this Coverage Part.
17.PROPERTY DAMAGE –ELEVATORS
A.Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled
Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3),(4)and (6)of
the Damage to Property Exclusion do not apply to property damage that results from the use of elevators.
B.Solely for the purpose of the coverage provided by this PROPERTY DAMAGE –ELEVATORS Provision,the
Other Insurance conditions is amended to add the following paragraph:
This insurance is excess over any of the other insurance,whether primary,excess,contingent or on any other
basis that is Property insurance covering property of others damaged from the use of elevators.
18.SUPPLEMENTARY PAYMENTS
The section entitled SUPPLEMENTARY PAYMENTS –COVERAGES A AND B is amended as follows:
A.Paragraph 1.b.is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000.
limit;and
B.Paragraph 1.d.is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a
$1,000.limit.
19.UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named
Insured’s Coverage Part,the Insurer will not deny coverage under this Coverage Part because of such failure.
20.WAIVER OF SUBROGATION -BLANKET
Under CONDITIONS,the Transfer Of Rights Of Recovery Against Others To Us Condition is amended to add the
following:
The Insurer waives any right of recovery the Insurer may have against any person or organization because of
payments the Insurer makes for injury or damage arising out of:
1.the Named Insured’s ongoing operations;or
2.your work included in the products-completed operations hazard.
However,this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in
a written contract or written agreement,and only if such contract or agreement:
1.is in effect or becomes effective during the term of this Coverage Part;and
2.was executed prior to the bodily injury,property damage or personal and advertising injury giving rise to the
claim.
All other terms and conditions of the Policy remain unchanged.
This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes
effect on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,
and expires concurrently with said Policy.
4032877971CNA74879XX(1-15)Policy No:
4Page13of13EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
40
0
2
0
0
0
7
1
4
0
3
2
8
7
7
9
7
1
7
6
5
1
CNA PARAMOUNT
General Aggregate Limit -Designated Projects Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designated Construction or Service Projects:
EACH OF YOUR CONSTRUCTION PROJECTS
LOCATED AWAY FROM PREMISES OWNED BY
OR RENTED TO YOU
Information required to complete this Schedule,if not shown above,will be shown in the Declarations.
It is understood and agreed as follows:
I.For each single designated construction or service project shown in the Schedule above,a separate Designated
Project General Aggregate Limit,equal to the amount of the General Aggregate Limit shown in the Declarations,is the
most the Insurer will pay for the sum of:
A.all damages under Coverage A,except damages because of bodily injury or property damage included in the
products-completed operations hazard;and
B.all medical expenses under Coverage C;
that arise from occurrences or accidents which can be attributed solely to ongoing operations at that designated
project.Such payments shall not reduce the General Aggregate Limit shown in the Declarations,nor the Designated
Project General Aggregate Limit applicable to any other project.
II.All:
A.damages under Coverage B,regardless of the number of locations or projects involved;
B.damages under Coverage A,caused by occurrences which cannot be attributed solely to ongoing operations at
a single designated project,except damages because of bodily injury or property damage included in the
products-completed operations hazard;and
C.medical expenses under Coverage C,caused by accidents which cannot be attributed solely to ongoing
operations at a single designated project,
will reduce the General Aggregate Limit shown in the Declarations.
III.The limits shown in the Declarations for Each Occurrence,for Damage To Premises Rented To You and for Medical
Expense continue to apply,but will be subject to either the Project General Aggregate Limit or the General Aggregate
Limit shown in the Declarations,depending on whether the occurrence can be attributed solely to ongoing operations
at a particular designated project.
IV.When coverage for liability arising out of the products-completed operations hazard is provided,any payments for
damages because of bodily injury or property damage included in the products-completed operations hazard will
4032877971CNA74826XX(1-15)Policy No:
5Page1of2EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
40
0
2
0
0
0
7
1
4
0
3
2
8
7
7
9
7
1
7
6
5
2
CNA PARAMOUNT
General Aggregate Limit -Designated Projects Endorsement
reduce the Products-Completed Operations Aggregate Limit shown in the Declarations,regardless of the number of
projects involved.
V.If the applicable scheduled construction or service project has been abandoned and then restarted,or if the authorized
contracting parties deviate from plans,blueprints,designs,specifications or timetables,such project will still be
deemed to be the same project.
VI.The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as
stipulated.
All other terms and conditions of the Policy remain unchanged.
This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect
on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and
expires concurrently with said Policy.
4032877971CNA74826XX(1-15)Policy No:
5Page2of2EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA PARAMOUNT
Additional Insured -Your Work Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed that:
I.WHO IS AN INSURED is amended to include as an Insured any person or organization whom a Named Insured is
required to add as an additional insured on this Coverage Part under a written contract or written agreement,
provided such contract or agreement:
(1)is currently in effect or becomes effective during the term of this Coverage Part;and
(2)was executed prior to:
(a)the bodily injury or property damage;or
(b)the offense that caused the personal and advertising injury,
for which such additional insured seeks coverage.
II.The insurance provided to such additional insured is limited as follows:
a.The Insurer will not provide such additional insured:
(1)coverage any broader than the narrowest coverage:
(a)required by such contact or agreement;or
(b)afforded to the Named Insured under this Coverage Part;or
(c)described in paragraph b.below;or
(2)a higher limit of insurance than the lesser of the amount:
(a)required by such contract or agreement;or
(b)afforded to the Named Insured under this Coverage Part
Any coverage granted by this endorsement shall apply solely to the extent permissible by law.
b.Such additional insured is an Insured solely for bodily injury,property damage or personal and advertising
injury for which such additional insured is liable because of the Named Insured’s acts or omissions.The
coverage granted by this paragraph does not apply to any person or organization:
(1)for bodily injury,property damage,or personal and advertising injury arising out of the rendering or
failure to render any professional service;
(2)who is specifically scheduled as an additional insured on another endorsement to this Coverage Part;nor
(3)for bodily injury or property damage included within the products-completed operations hazard except to
the extent all of the following apply:
a.this Coverage Part provides such coverage;
b.the written contract or agreement described in the opening paragraph of this endorsement requires the
Named Insured to provide the additional insured such coverage;and
c.the bodily injury or property damage results from your work that is the subject of the written contract
or agreement,and such work has not been excluded by endorsement to this Coverage Part.
III.ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED’S INSURANCE
The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to
add the following paragraph:
4032877971CNA75076XX(1-15)Policy No:
6Page1of2EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
40
0
2
0
0
0
7
1
4
0
3
2
8
7
7
9
7
1
7
6
5
3
CNA PARAMOUNT
Additional Insured -Your Work Endorsement
If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non-
contributory relative to an additional insured's own insurance,then this insurance is primary,and the Insurer will not
seek contribution from that other insurance.Otherwise,and notwithstanding anything to the contrary elsewhere in this
Condition,the insurance provided to such person or organization is excess of any other insurance available to such
person or organization.For the purpose of this Provision,the additional insured's own insurance means insurance on
which the additional insured is a named insured.
All other terms and conditions of the Policy remain unchanged.
This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect
on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and
expires concurrently with said Policy.
4032877971CNA75076XX(1-15)Policy No:
6Page2of2EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA PARAMOUNT
Pollution Exclusion Amendatory Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed that under COVERAGES,Coverage A,Bodily Injury and Property Damage Liability,the
paragraph entitled Exclusions is amended to delete paragraph (2)of exclusion f.Pollution,in its entirety,and replace it
with the following:
This insurance does not apply to:
(2)Any loss,cost or expense arising out of any:
(a)request,demand,order or statutory or regulatory requirement that any Insured or others test for,monitor,clean
up,remove,contain,treat,detoxify or neutralize,or in any way respond to or assess the effects of,pollutants;or
(b)Claim by or on behalf of a governmental authority for damages because of testing for,monitoring,cleaning up,
removing,containing,treating,detoxifying or neutralizing,or in any way responding to or assessing the effects of,
pollutants.
However,if liability for damages because of property damage is not excluded by paragraph (1)of this exclusion,
then neither will paragraph (2)(a)above serve to exclude such damages.
All other terms and conditions of the Policy remain unchanged.
This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect
on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and
expires concurrently with said Policy.
4032877971CNA74843XX(1-15)Policy No:
7Page1of1EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
40
0
2
0
0
0
7
1
4
0
3
2
8
7
7
9
7
1
7
6
5
4
CNA PARAMOUNT
Subsidence Exclusion (CA,CO,NV)and
Subsidence Residential Exclusion (All Other States)
Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed that:
I.Under COVERAGES,Coverage A –Bodily Injury And Property Damage Liability,the paragraph entitled
Exclusions,is amended to add the following exclusion,which applies only to the states of California,Colorado and
Nevada:
•Subsidence
property damage included in the products-completed operations hazard arising out of the subsidence of
land.This exclusion applies whether such property damage arises solely from subsidence or from
subsidence in combination with other causes,whether natural or man made.
II.Under COVERAGES,Coverage A –Bodily Injury And Property Damage Liability,the paragraph entitled
Exclusions,is amended to add the following exclusion,which applies to all states,counties or parishes designated in
paragraph IV.below,other than California,Colorado or Nevada.
•Subsidence -Residential
property damage included in the products-completed operations hazard arising out of the subsidence of
land and which involves the construction of residential structures.This exclusion applies whether such
property damage arises solely from subsidence or from subsidence in combination with other causes,
whether natural or man made.
III.As used in this endorsement:
•subsidence means earth movement,including but not limited to:
a.landslide;
b.mudflow;
c.earth sinking;
d.earth rising;
e.collapse or movement of fill;
f.earth settling,slipping,falling away,caving in,eroding or tilting;
g.earthquake;or
h.any other naturally occurring movement of land or earth;
•residential structure means any structure where 30%or more of the square foot area is used or is intended
to be used for human residency,including but not limited to:
a.single or multifamily housing,apartments,condominiums,townhouses,co-operatives or planned unit
developments;and
b.the common areas and structures appurtenant to the structures in paragraph a.(including pools,hot tubs,
detached garages,guest houses or any similar structures).
However,when there is no individual ownership of units,residential structure does not include military
housing,college/university housing or dormitories,long term care facilities,hotels or motels.Residential
structure also does not include hospitals or prisons;
4032877971CNA74682XX(1-15)Policy No:
8Page1of2EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
40
0
2
0
0
0
7
1
4
0
3
2
8
7
7
9
7
1
7
6
5
5
CNA PARAMOUNT
Subsidence Exclusion (CA,CO,NV)and
Subsidence Residential Exclusion (All Other States)
Endorsement
•construction means any and all aspects of the erection or demolition of structures,including but not limited
to design,site preparation,specifications,planning,building,materials,supervision or observation of
construction.Construction also includes new construction,conversion,reconstruction,rehabilitation,
renovation,remodeling,repair or maintenance.
IV.Paragraph II.of this endorsement applies only to the following states,counties or parishes:
Arizona,Florida,Georgia,Hawaii,Louisiana,North Carolina
Pennsylvania,South Carolina and Texas
All other terms and conditions of the Policy remain unchanged.
This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect
on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and
expires concurrently with said Policy.
4032877971CNA74682XX(1-15)Policy No:
8Page2of2EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA PARAMOUNT
Silica Exclusion Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed that the policy is amended as follows:
I.Under COVERAGES,Coverage A –Bodily Injury And Property Damage Liability,the paragraph entitled
Exclusions,is amended to add the following exclusion:
This insurance does not apply to:
A.bodily injury arising,in whole or in part,out of the actual,alleged or threatened:
1.respiration;or
2.ingestion;
at any time of silica;or
B.property damage arising in whole or in part out of the actual,alleged or threatened presence of silica.
II.Under COVERAGES,Coverage B –Personal And Advertising Injury Liability,the paragraph entitled Exclusions,
is amended to add the following exclusion:
This insurance does not apply to personal and advertising injury arising,in whole or in part,out of the actual,
alleged or threatened:
A.exposure at any time to;or
B.presence at any time of;
silica.
III.The following definition is added:
Silica means the chemical compound silicon dioxide (SiO2)in any form,including dust which contains silicon dioxide.
All other terms and conditions of the Policy remain unchanged.
This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect
on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and
expires concurrently with said Policy.
4032877971CNA74687XX(1-15)Policy No:
9Page1of1EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.
40
0
2
0
0
0
7
1
4
0
3
2
8
7
7
9
7
1
7
6
5
6
CNA PARAMOUNT
Fungi /Mold /Mildew /Yeast /Microbe Exclusion
Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
It is understood and agreed that the policy is amended as follows:
I.Under COVERAGES,Coverage A –Bodily Injury And Property Damage Liability,the paragraph entitled
Exclusions,is amended to add the following exclusion:
This insurance does not apply to:
A.bodily injury arising out of or relating to,in whole or in part,the actual,alleged or threatened inhalation of,
ingestion of,contact with,exposure to,existence of,or growth or presence of any fungi or microbes on or within
a building or structure,or on or within any contents of a building or structure.This exclusion applies regardless of
any other cause or event that contributes concurrently or in any sequence to such injury;
B.property damage arising out of or relating to the actual,alleged or threatened contact with,exposure to,
existence of,or growth or presence of any fungi or microbes on or within a building or structure,or on or within
any contents of a building or structure;or
C.any loss,cost or expense arising out of or relating to the testing for,monitoring,cleaning up,removing,
containing,treating,detoxifying,neutralizing,remediating,disposing of,or in any way responding to or assessing
the effects of,fungi or microbes,by any Insured or by anyone else.This exclusion applies regardless of any
other cause or event that contributes concurrently or in any sequence to such loss,cost or expense.
However,this exclusion does not apply to:
i.any fungi or microbes that are,are on,or are contained in,a good or product intended for bodily consumption;or
ii.microbes that were transmitted directly from person to person.
II.Under COVERAGES,Coverage B –Personal And Advertising Injury Liability,the paragraph entitled Exclusions,
is amended to add the following exclusion:
This insurance does not apply to:
A.personal and advertising injury arising out of or relating to,in whole or in part,the actual,alleged or threatened
inhalation of,ingestion of,contact with,exposure to,existence of,or growth or presence of any fungi or
microbes on or within a building or structure,or on or within any contents of a building or structure;
B.any loss,cost or expense arising out of or relating to the testing for,monitoring,cleaning up,removing,
containing,treating,detoxifying,neutralizing,remediating,disposing of,or in any way responding to or assessing
the effects of,fungi or microbes,by any Insured or by anyone else.
This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such
injury or damage,loss,cost or expense.
However,this exclusion does not apply to:
i.any fungi or microbes that are,are on,or are contained in,a good or product intended for bodily consumption;or
ii.microbes that were transmitted directly from person to person.
III.As used herein:
A.fungi means any form of fungus,including but not limited to yeast,mold,mildew,rust,smut or mushroom,and
including any spores,mycotoxins,odors,or any other substances,products,or byproducts produced by,released
by or arising out of the current or past presence of fungi.
4032877971CNA74708XX(1-15)Policy No:
10Page1of2EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.
40
0
2
0
0
0
7
1
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0
3
2
8
7
7
9
7
1
7
6
5
7
CNA PARAMOUNT
Fungi /Mold /Mildew /Yeast /Microbe Exclusion
Endorsement
B.microbe means any non-fungal microorganism,or non-fungal,colony-form organism,that causes infection or
disease.Microbe includes any spores,mycotoxins,odors or any other substances,products or byproducts
produced by,released by or arising out of the current or past presence of microbes.
IV.The following Condition is added:
Arbitration
For property damage,the determination of what portion of a loss is attributable to fungi and microbes,and what
portion is not,shall be made by the Insurer.If the Named Insured disagrees with that determination,the Named
Insured and by the Insurer agree to submit to binding arbitration according to the Commercial Arbitration Rules of the
American Arbitration Association,or according to such other rules as the Named Insured and the Insurer agree to.If
binding arbitration of insurance disputes is not allowed in the state where the Named Insured is incorporated (or,if
the Named Insured is not a corporation,the state where the Named Insured is domiciled),then arbitration shall be
non-binding,and shall only proceed if both the Named Insured and the Insurer agree to enter into it.The arbitration
will be held in the county where the Named Insured is headquartered,or at such other location as may be jointly
agreed to by the Named Insured and the Insurer.Each party will bear its own arbitration costs.
All other terms and conditions of the Policy remain unchanged.
This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect
on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and
expires concurrently with said Policy.
4032877971CNA74708XX(1-15)Policy No:
10Page2of2EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.
CNA PARAMOUNT
Employment-Related Practices Exclusion
Endorsement -Texas
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed that under COVERAGES,Coverage A –Bodily Injury And Property Damage Liability and
Coverage B –Personal And Advertising Injury Liability,the paragraphs entitled Exclusions,are amended to add the
following exclusion:
Bodily injury or personal and advertising injury to:
(1)a person arising out of any:
(a)refusal to employ that person;
(b)termination of that person's employment;or
(c)employment-related practices,policies,acts or omissions,such as coercion,demotion,evaluation,
reassignment,discipline,defamation,harassment,humiliation,discrimination or malicious prosecution
directed at that person;or
(2)the spouse,child,parent,brother or sister of that person as a consequence of bodily injury or personal and
advertising injury to that person at whom any of the employment-related practices described in Paragraphs (a),
(b),or (c)above is directed.
Solely with respect to Coverage A,this exclusion applies:
(1)whether the injury-causing event described in Paragraphs (a),(b)or (c)above occurs before employment,during
employment or after employment of that person;
(2)whether the Insured may be liable as an employer or in any other capacity;and
(3)to any obligation to share damages with or repay to someone else who must pay damages because of the injury.
However,solely with respect to Coverage A,this exclusion does not apply to physical injury a person sustains during
a job interview while attempting to demonstrate a physical capability or skill required by the job.
All other terms and conditions of the Policy remain unchanged.
This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect
on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and
expires concurrently with said Policy.
4032877971CNA74761TX(1-15)Policy No:
11Page1of1EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
40
0
2
0
0
0
7
1
4
0
3
2
8
7
7
9
7
1
7
6
5
8
CNA PARAMOUNT
Contractors -Professional Liability Exclusion Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed that under COVERAGES,Coverage A –Bodily Injury And Property Damage Liability and
Coverage B –Personal And Advertising Injury Liability,the paragraphs entitled Exclusions,are amended to add the
following exclusion:
This insurance does not apply to bodily injury,property damage or personal and advertising injury arising out of the
rendering of or failure to render professional services by the Named Insured or on the Named Insured’s behalf.
As used herein,professional services means:
A.engineering,architectural or surveying services to others in the Named Insured’s capacity as an engineer,architect
or surveyor;or
B.providing,or hiring independent professionals to provide,engineering,architectural or surveying services in
connection with construction work the Named Insured performs.
Such professional services include:
1.preparing,approving,or failing to prepare or approve,maps,shop drawings,opinions,reports,surveys,field orders,
change orders,or drawings and specifications;and
2.supervisory or inspection activities performed as part of any related architectural or engineering activities.
However,professional services do not include services within construction means,methods,techniques,sequences and
procedures employed by the Named Insured in connection with the Named Insured’s operations in the Named
Insured’s capacity as a construction contractor.
All other terms and conditions of the Policy remain unchanged.
This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect
on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and
expires concurrently with said Policy.
4032877971CNA74801XX(1-15)Policy No:
12Page1of1EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
40
0
2
0
0
0
7
1
4
0
3
2
8
7
7
9
7
1
7
6
5
9
CNA PARAMOUNT
Residential Construction Defect Products/Completed
Operations Exclusion Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:
I.Under COVERAGES,Coverage A –Bodily Injury And Property Damage Liability,the paragraph entitled
Exclusions,is amended to add the following exclusion:
This insurance does not apply to property damage that:
A.is included within the products/completed operations hazard;
B.arises out of defective construction of all or any part of a residential structure;and
C.is reported to the Insurer more than 12 months after your work is deemed completed on the project from which
the property damage allegedly arises.
II.As used herein:
A.your work will be deemed completed at the earliest of the following times:
1.when all of the work called for in the Named Insured’s contract has been completed;
2.when all of the work to be done at the job site has been completed if the Named Insured’s contract calls for
work at more than one job site;or
3.when that part of the work done at a job site has been put to its intended use by any person or organization
other than another contractor or subcontractor working on the same project.
Work that may need service,maintenance,correction,repair or replacement,but which is otherwise complete,will
be treated as completed.
B.construction means any and all aspects of the erection or demolition of structures,including but not limited to
design,specifications,planning,building,materials,supervision or observation of construction.Construction also
includes new construction,conversion,reconstruction,rehabilitation,renovation,remodeling,repair or
maintenance.
C.defective construction means any actual or alleged deficiency in construction.
D.residential structure means any structure where 30%or more of the square foot area is used or is intended to be
used for human residency,including but not limited to:
1.single or multifamily housing,apartments,condominiums,townhouses,co-operatives or planned unit
developments;and
2.the common areas and structures appurtenant to the structures in paragraph 1.(including pools,hot tubs,
detached garages,guest houses or any similar structures).
However,when there is no individual ownership of units,residential structure does not include military housing,
college/university housing or dormitories,long term care facilities,hotels or motels.Residential structure also
does not include hospitals or prisons.
All other terms and conditions of the Policy remain unchanged.
This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect
on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and
expires concurrently with said Policy.
4032877971CNA74862XX(1-15)Policy No:
13Page1of1EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.
40
0
2
0
0
0
7
1
4
0
3
2
8
7
7
9
7
1
7
6
6
0
CNA PARAMOUNT
Construction Wrap-Up Program Exclusion Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed that under COVERAGES,Coverage A –Bodily Injury And Property Damage Liability and
Coverage B –Personal And Advertising Injury Liability,the paragraphs entitled Exclusions,are amended to add the
following exclusion:
This insurance does not apply to bodily injury,property damage or personal and advertising injury arising out of any
current or completed operation performed by the Named Insured or on the Named Insured’s behalf which is or was
insured under a consolidated (wrap-up)insurance program.
This exclusion applies whether or not the consolidated (wrap-up)insurance program:
A.provides coverage identical to that provided by this Coverage Part;
B.has limits adequate to cover all claims;or
C.remains in effect.
Consolidated (wrap-up)insurance program means a construction,erection or demolition project for which the prime
contractor/project manager or owner of the project has secured general liability insurance covering some or all of the
contractors or subcontractors involved in the project.Consolidated (wrap-up)insurance program includes an Owner
Controlled Insurance Program (O.C.I.P.)or a Contractor Controlled Insurance Program (C.C.I.P.).
All other terms and conditions of the Policy remain unchanged.
This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect
on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and
expires concurrently with said Policy.
4032877971CNA74863XX(1-15)Policy No:
14Page1of1EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.
40
0
2
0
0
0
7
1
4
0
3
2
8
7
7
9
7
1
7
6
6
1
CNA PARAMOUNT
Exterior Finish System Products/Completed Operations
Property Damage Exclusion Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed that:
I.Under COVERAGES,Coverage A –Bodily Injury And Property Damage Liability,the paragraph entitled
Exclusions,is amended to add the following exclusion:
This insurance does not apply to:
Property damage included in the products-completed hazard arising out of,caused by,or attributable to,whether in
whole or in part,an exterior finish system or any part thereof,or any substantially similar system or any part thereof,
including the application or use of conditioners,primers,accessories,flashings,coatings,caulkings or sealants in
connection with such system.
II.The section entitled DEFINITIONS is amended to add the following new definition:
Exterior finish system means a synthetic exterior wall cladding system that is intended to be water tight at the
outside surface and designed to consist of:
a.A backer board that is attached to any building surface or substrate;
b.An integrally reinforced base coat on the face of the backer board;
c.A protective finish applied to the surface of the base coat;and
d.Applicable accessories,flashings,coatings,caulking and sealants
that interact to form an energy efficient wall.
As used herein,backer board includes but is not limited to insulation board,foam board,cement board,cementitious
backer board,plywood,oriented strand board,any gypsum based board,metal sheet,concrete block or concrete.
All other terms and conditions of the Policy remain unchanged.
This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect
on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and
expires concurrently with said Policy.
4032877971CNA74892XX(1-15)Policy No:
15Page1of1EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.
40
0
2
0
0
0
7
1
4
0
3
2
8
7
7
9
7
1
7
6
6
2
CNA PARAMOUNT
Exclusion -Access or Disclosure of Confidential
or Personal Information and Data-Related Liability -
with Limited Bodily Injury Exception Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:
I.Under COVERAGES,Coverage A –Bodily Injury And Property Damage Liability,the paragraph entitled
Exclusions,the exclusion entitled Electronic Data is deleted in its entirety and replaced with the following:
This insurance does not apply to:
Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability
Damages arising out of:
(1)any access to or disclosure of any person’s or organization’s confidential or personal information,including
patents,trade secrets,processing methods,customer lists,financial information,credit card information,health
information or any other type of nonpublic information;or.
(2)the loss of,loss of use of,damage to,corruption of,inability to access,or inability to manipulate electronic data.
This exclusion applies even if damages are claimed for notification costs,credit monitoring expenses,forensic
expenses,public relation expenses or any other loss,cost or expense incurred by the Named Insured or others
arising out of that which is described in Paragraph (1)or (2)above.
However,unless Paragraph (1)above applies,this exclusion does not apply to damages because of bodily injury.
As used herein,electronic data means information,facts or programs stored as or on,created or used on,or
transmitted to or from computer software,including systems and applications software,hard or floppy disks,CD-
ROMs,tapes,drives,cells,data processing devices or any other media which are used with electronically controlled
equipment.
II.Under COVERAGES,Coverage B –Personal And Advertising Injury Liability,the paragraph entitled Exclusions
is amended to add the following exclusion:
Access Or Disclosure Of Confidential Or Personal Information
This insurance does not apply to personal and advertising injury arising out of any access to or disclosure of any
person's or organization's confidential or personal information,including patents,trade secrets,processing methods,
customer lists,financial information,credit card information,health information or any other type of nonpublic
information.
This exclusion applies even if damages are claimed for notification costs,credit monitoring expenses,forensic
expenses,public relations expenses or any other loss,cost or expense incurred by the Named Insured or others
arising out of any access to or disclosure of any person's or organization's confidential or personal information.
All other terms and conditions of the Policy remain unchanged.
This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect
on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and
expires concurrently with said Policy.
4032877971CNA75089XX(1-15)Policy No:
16Page1of1EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
40
0
2
0
0
0
7
1
4
0
3
2
8
7
7
9
7
1
7
6
6
3
CNA PARAMOUNT
Amendment -Infringement of Copyright,Patent,
Trademark Trade Secret or Other Intellectual
Property Rights or Laws Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed that:
I.Under COVERAGES,Coverage B –Personal and Advertising Injury Liability,the Exclusion entitled Infringement
of Copyright,Patent,Trademark or Trade Secret is deleted and replaced as follows:
Infringement or Violation of Intellectual Property Rights or Laws
Personal and advertising injury arising out of infringement or violation of the following rights or laws:
(a)patent;
(b)trade secret or other confidential or proprietary non-personal information;
(c)trademark,certification mark,service mark,collective mark,trade name,or other designation of origin or
authenticity;
(d)copyright;or
(e)any other intellectual property right or legally protected expression,including but not limited to another’s idea,
slogan,trade dress,style of doing business,or unauthorized use of another’s name or image,or any other
intellectual property law,including but not limited to piracy,unfair competition or other similar practices.
This exclusion applies to the entirety of all allegations in any claim if the claim alleges the infringement or violation of
any intellectual property right or law identified above,even if this insurance would otherwise apply to other allegations
in the claim.However,this exclusion does not apply if the claim’s only allegation is copyright or slogan infringement
in Named Insured’s advertisement.
II.Under DEFINITIONS,the definition of personal or advertising injury is amended to delete its subparagraph g.,and
replace it with the following:
g.Infringing upon another's copyright or slogan in Named Insured’s advertisement.
All other terms and conditions of the Policy remain unchanged.
This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect
on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and
expires concurrently with said Policy.
4032877971CNA75116XX(1-15)Policy No:
17Page1of1EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.
40
0
2
0
0
0
7
1
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0
3
2
8
7
7
9
7
1
7
6
6
4
CNA PARAMOUNT
Amendment to Policy Declarations –Named Insured
Endorsement
It is understood and agreed as follows:
The is amended as follows:Policy Declarations
A.Addition of s:Named Insured
The following are added as s:Named Insured
Name and Address of Named Insured
MCMILLAN JAMES EQUIPMENT COMPANY
MCMILLAN JAMES EQUIPMENT COMPANY LLC
MCMILLAN JAMES EQUIPMENT COMPANY HOUSTON,LLC
1044 TEXAN TRL
GRAPEVINE,TX 76051-3703
B.Deletion of :Named Insured
The following are deleted as s:Named Insured
All other terms and conditions of the Policy remain unchanged.
This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective
date of said policy at the hour stated in said Policy,unless another effective date is shown below,and expires concurrently with said Policy.
CNA62700XX 09-12 4032877971PolicyNo:
1 1 18PageofEndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.
CNA PARAMOUNT
Bridge Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
It is understood and agreed as follows:
I.The Common Terms and Conditions are amended to delete the sections entitled “Bankruptcy”and “No Suit Against
Insurer”as the conditions section of the Coverage Part has more specific conditions of its own.
II.The conditions section is amended to delete the condition entitled When We Do Not Renew.Please refer instead to
Condition III.CANCELLATION/NONRENEWAL of the Common Terms and Conditions.
III.The DEFINITIONS section is amended to add the following new definitions:
Claim means:
A.a suit;or
B.a written or oral demand for damages alleging injury to which this insurance applies.
Coverage part means only those coverage parts designated as included in the Schedule of Forms and
Endorsements.
Damages means the amount an Insured is legally obligated to pay,either through:
A.final adjudication of a covered claim;or
B.through compromise or settlement of a covered claim with the Insurer’s written consent or direction.
Defense costs means those amounts set forth under the SUPPLEMENTARY PAYMENTS section of any applicable
coverage part.
First Named Insured means the person or organization first listed as a Named Insured in the Declarations.
Insured means those persons or organizations as set forth in the section entitled Who is an Insured.
Named Insured means the persons or organizations named as such in the Declarations and any other person or
organization qualifying as a named insured under this policy.
Policy period means the period of time from the effective date and time of this Policy to the date and time of
termination as shown in the Policy Declarations,or its earlier cancellation date.
Spouse means any husband or wife or any person qualifying as a domestic partner under any applicable federal,
state or local laws or under the Named Insured’s employee benefit plans.
IV.Where the phrase “claim or suit”appears,it is deleted and replaced with the defined term claim.
V.Any reference to “the Insurer”in this Policy refers to the company providing this insurance.
All other terms and conditions of the Policy remain unchanged.
This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect
on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and
expires concurrently with said Policy.
4032877971CNA62646XX(1-15)Policy No:
19Page1of1EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.
40
0
2
0
0
0
7
1
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0
3
2
8
7
7
9
7
1
7
6
6
6
CNA PARAMOUNT
Cancellation -Nonrenewal -Texas
Wherever used in this endorsement:1)Insurer means "we","us","our"or the "Company"as those terms may be defined
in the policy;and 2)first Named Insured means the first person or entity named on the declarations page;and 3)
"Insureds"means all persons or entities afforded coverage under the policy.
Any cancellation,non-renewal or termination provisions in the policy are deleted in their entirety and replaced with the
following:
CANCELLATION AND NON-RENEWAL
A.CANCELLATION
1.The first Named Insured may cancel the policy at any time.To do so,the first Named Insured must return the
policy to the Insurer or any of its authorized representatives,indicating the effective date of cancellation;or
provide a written notice to the Insurer,stating when the cancellation is to be effective.
2.Unless the policy is a renewal,and if Paragraph 5.below is not applicable,the Insurer has the right to cancel this
policy at any time and for any reason within the first sixty (60)days.Notice of cancellation,stating the reason for
cancellation,must be mailed at least ten (10)days prior to the effective date of such cancellation to the first
Named Insured at the address shown on the policy.
3.After this policy has been in effect for sixty (60)days or more,or if it is a renewal or continuation of a policy issued
by the Insurer (and if Paragraph 5.below is not applicable),it may be canceled for one or more of the following
reasons:
a.Non-payment of premium.
b.Fraud in obtaining coverage
c.Increase in hazard,within the insured's control,that produces a rate increase.
d.Loss of reinsurance,covering all or part of the risk covered by the policy;or
e.If the Insurer is placed in supervision,conservatorship,or receivership and the cancellation is approved or
directed by the supervisor,conservator or receiver.
Written notice of cancellation must be mailed or delivered to the first Named Insured at the last mailing address
known to the Insurer at least sixty (60)days prior to the effective date of such cancellation.The grounds for such
cancellation shall also be stated.If the Insurer cancels for non-payment of premium,notice of cancellation will be
mailed at least ten (10)days prior to the effective date of such cancellation.
4.Notice of cancellation will state the date the cancellation is effective.The Policy will end on that date.If notice is
mailed,proof of mailing will be sufficient proof of notice.
5.In addition to the cancellation provisions described above,the following applies to Business Property Coverage
on a condominium association that contains at least one residence or if the condominium declarations conform
with the Texas Uniform Condominium Act:
If the Insurer cancels this policy,the Insurer must also mail or deliver written notice of cancellation at least 60
days before the effective date of cancellation to each unit-owner to whom the Insurer issued a certificate or
memorandum of insurance and will,at the request of the first Named Insured,provide a written statement of the
reason or reasons for such cancellation.
6.The following applies to Business Property or Business Crime coverage on a governmental unit,as defined under
28 TEX.ADMIN.CODE,Section 5.7001 or to Business Property Coverage on one-and two-family dwellings:
a.If this policy has been in effect for less than 90 days and is not a renewal of a policy the Insurer issued,the
Insurer may cancel coverage for any reason.
4032877971CNA62814TX(01-20)Policy No:
20Page1of3EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.
40
0
2
0
0
0
7
1
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0
3
2
8
7
7
9
7
1
7
6
6
7
CNA PARAMOUNT
Cancellation -Nonrenewal -Texas
b.If this policy has been in effect for 90 days or more or is a renewal of a policy the Insurer issued,the Insurer
may cancel coverage only for the following reasons:
(1)If the first Named Insured does not pay the premium or any portion of the premium when due;
(2)If the Texas Department of Insurance determines that continuation of this policy would result in violation
of the Texas Insurance Code or any other law governing the business of insurance in Texas;
(3)If the first Named Insured submits a fraudulent claim;or
(4)If there is an increase in the hazard covered by this policy that is within the control of any Named Insured
and would produce an increase in the premium rate of this policy.
c.If such coverage is cancelled,the Insurer will,at the request of the first Named Insured,provide a written
statement of the reason or reasons for such cancellation.
B.PREMIUM REFUND
If this policy is cancelled,the Insurer will send the first Named Insured any premium refund due.If the Insurer cancels
the refund will be pro rata.If the first Named Insured cancels,the refund may be less than pro rata.The cancellation
will be effective even if the Insurer has not made or offered a refund.The notice of cancellation will state that
unearned paid premium,if not tendered,will be refunded on demand.
If Paragraph A.5.above is applicable,the refund will be pro-rata if:
1.The Insurer cancels the policy;or
2.The first Named Insured cancels this policy because:
a.The Insurer refused to provide additional coverage which the first Named Insured requested under this policy;
or
b.The Insurer reduced or restricted coverage under the policy without the consent of the first Named Insured.
The refund will be less than pro-rata if the first Named Insured cancels this policy for a reason other than those listed
in 2.a.and 2.b.above.
C.NON-RENEWAL
1.Insurer can non-renew the policy by mailing or delivering advance written notice to the first Named Insured,at the
last mailing address known to the Insurer,not later than the 60th day before the expiration date.The notice shall
include the reason for such nonrenewal.
th2.If the Insurer mails or delivers the required renewal notice later than the 60 day before the expiration date,
coverage shall remain in effect until the 61st day after the date on which notice is delivered or mailed.The earned
premium for any period of coverage that extends beyond the expiration date of this policy shall be computed pro-
rata based on the previous year's rate.
A transfer of a policyholder between two admitted companies within the same insurance group is not considered a
refusal to renew.
3.In addition to the non-renewal provisions described above,the following applies to Business Property Coverage
on a condominium association that contains at least one residence or if the condominium declarations conform
with the Texas Uniform Condominium Act:
If the Insurer non-renews this policy,the Insurer must also mail or deliver written notice of nonrenewal at least 60
days before the expiration or anniversary date of this policy,to each unit-owner to whom the Insurer issued a
certificate or memorandum of insurance.
4032877971CNA62814TX(01-20)Policy No:
20Page2of3EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.
CNA PARAMOUNT
Cancellation -Nonrenewal -Texas
The Insurer will mail or deliver such notice to each last mailing address known to the Insurer.If notice is mailed,
proof of mailing will be sufficient proof of notice.
4.Business Property Coverage –One-And Two-Family Dwellings And Governmental Property
a.If the Insurer elects not to renew coverage on one-and two-family dwellings or on governmental units,the
Insurer will mail or deliver written notice of nonrenewal to the first Named Insured and any mortgageholder
shown in the Declarations,at least 60 days before the expiration date.Proof of mailing will be sufficient proof
of notice.
The Insurer will,at the request of the first Named Insured,provide a written statement of the reason or
reasons for such nonrenewal.
If the Insurer fails to give the first Named Insured proper notice of our refusal to renew,the first Named
Insured may require us to renew the policy.
b.The Insurer may elect not to renew such coverage for any reason,subject to the exceptions and limitations in
Paragraphs c.and d.below.
c.The Insurer will not refuse to renew coverage solely because of claims for losses resulting from natural
causes.
d.Claims That Do Not Result From Natural Causes
(1)If the Insurer has previously notified the first Named Insured as provided in (2)below,the Insurer may
refuse to renew coverage if a Named Insured has filed under this policy,in any three year period,three or
more claims that do not result from natural causes.
(2)If a Named Insured has filed two such claims in a period of less than three years,the Insurer may notify
the first Named Insured in writing that,if the same Named Insured files a third such claim during the three
year period,the Insurer may refuse to renew coverage.
(3)A claim does not include a claim that is filed but is not paid or payable under this policy.
D.OTHER CANCELLATION/NONRENEWAL PROVISIONS
The Insurer may not cancel or non-renew based solely on the fact that the Insured is an elected official.
All other terms and conditions of the Policy remain unchanged.
This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect
on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and
expires concurrently with said Policy.
4032877971CNA62814TX(01-20)Policy No:
20Page3of3EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.
40
0
2
0
0
0
7
1
4
0
3
2
8
7
7
9
7
1
7
6
6
8
CNA PARAMOUNT
Amendatory Endorsement -Texas
It is understood and agreed as follows:
I.The First Party Terms and Conditions are amended as follows:
A.The APPRAISAL condition is deleted and replaced with the following:
APPRAISAL
If the Named Insured and the Insurer fail to agree on the amount of loss for physical damage or
business income or extra expense,either may make a written demand for appraisal in which case
within 20 days of that written demand each shall select an appraiser and shall notify the other of its
chosen appraiser.This APPRAISAL Condition is not available to the Named Insured or the Insurer if
there is a dispute as to whether the loss or damage was caused in whole or in part by a covered peril.
This APPRAISAL Condition is not available if there is a dispute as to whether or not the loss is covered
in whole or in part under this coverage part.
An individual may be chosen as an appraiser for a claim if such individual is a competent,independent
and disinterested person and who has no direct or indirect financial interest in the loss or the adjustment
of the claim.That appraiser cannot be:
A.the Named Insured or any of the Named Insured's employees or agents (including any public
adjuster or public adjusting company hired by the Named Insured);
B.employed by the Insurer;or
C.an independent adjusters hired by the Insurer for such claim.
The appraisers will first select a competent,independent and disinterested umpire.If the appraisers fail to
agree upon an umpire within 15 days then,only on the joint request of the Named Insured and the
Insurer to a court of competent jurisdiction where the loss occurred,the Named Insured and the Insurer
may request that the court select or appoint a competent,independent and disinterested umpire.
If the Named Insured and the Insurer fail to agree to submit a joint request to a court of competent
authority,either may file the necessary documents in a court of competent jurisdiction where the loss
occurred to compel the other to comply with the terms of this APPRAISAL provision.
The appraisers will then appraise,within a reasonable amount of time,the amount of loss,stating
separately,as applicable:
1.the actual cash value or replacement cost as of the date of loss and the amount of loss,for
each item of physical loss or damage;and
2.the amount of loss for each time element coverage.
If the appraisers fail to agree,they will submit their differences to the umpire.An award agreed to in
writing by any two will determine the amount of loss and that award will be binding on both parties but
such appraisal award will not determine whether the loss is covered.Any appraisal award addressing
whether or not a loss is or is not covered is void and is not binding on either party to the appraisal.
4032877971CNA62815TX(10-15)Policy No:
21Page1of4EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.
40
0
2
0
0
0
7
1
4
0
3
2
8
7
7
9
7
1
7
6
6
9
CNA PARAMOUNT
Amendatory Endorsement -Texas
The Named Insured and the Insurer will each:
a.pay its chosen appraiser;and
b.bear equally the other expenses of the appraisal and umpire.
A demand for appraisal shall not relieve the Named Insured of its continuing obligation to comply with all
of the terms and conditions of this Policy.
The Insurer will not be held to have waived any of its rights by any act relating to an appraisal.If there is
an appraisal,the Insurer will still retain its right to deny the claim or challenge whether the damages from
any loss are covered or otherwise excluded.
The Named Insured may only make a written demand for appraisal if the Named Insured has fully
complied with all provisions of this Policy.
B.The LOSS PAYMENT condition is amended to add the following:
•Within 15 days after the Insurer receives written notice of a claim,the Insurer will:
i.acknowledge receipt of such claim.If the insurer does not acknowledge receipt of the
claim in writing,the insurer will keep a record of the date,method and content of the
acknowledgment;
ii.begin any investigation of the claim;and
iii.request a signed,sworn proof of loss,specify the information the Named Insured must
provide and supply the Named Insured with the necessary forms.The Insurer may
request more information at a later date,if during the investigation of the claim such
additional information is necessary.
•The Insurer will notify the Named Insured in writing as to whether:
i.the claim or part of the claim will be paid;
ii.the claim or part of the claim has been denied,and inform the Named Insured of the
reasons for denial;
iii.more information is necessary;or
iv.the Insurer needs additional time to reach a decision.If the Insurer needs additional
time,the insurer will inform the Named Insured of the reasons for such need.
The Insurer will provide notification,as described in i.through iv.above,within:
i.15 business days after the Insurer receive the signed,sworn proof of loss and all
information the Insurer requested;or
ii.30 days after the Insurer receive the signed,sworn proof of loss and all information the
Insurer requested,if the Insurer has reason to believe the loss resulted from arson.
4032877971CNA62815TX(10-15)Policy No:
21Page2of4EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.
CNA PARAMOUNT
Amendatory Endorsement -Texas
If the Insurer has notified the Named Insured that the Insurer needs additional time to reach a
decision,the Insurer must then either approve or deny the claim within 45 days of such notice.
•The Insurer will pay for covered loss or damage within 5 business days after:
i.the Insurer have notified the Named Insured that payment of the claim or part of the
claim will be made and have reached agreement with you on the amount of loss;or
ii.an appraisal award has been made.
However,if payment of the claim or part of the claim is conditioned on the Named Insured's
compliance with any of the terms of this policy,the Insurer will make payment within 5 business
days after the date you have complied with such terms.
•Catastrophe Claims
If a claim results from a weather related catastrophe or a major natural disaster that is a covered
peril,the claim handling and claim payment deadlines described above are extended for an
additional 15 days.
As used herein,Catastrophe or Major Natural Disaster means a weather related event that is a
covered peril,and:
i.Is declared a disaster under the Texas Disaster Act of 1975;or
ii.Is determined to be a catastrophe by the State Board of Insurance.
C.Paragraph F.of the LOSS PAYMENT condition is deleted and replaced with the following:
F.If the Named Insured has complied with all of the terms and conditions of this Policy,the Insurer
will pay amounts due hereunder within 90 business days after it receives an acceptable sworn
proof of loss provided that the Insurer and Named Insured have reached agreement on the
amount of loss or damage or an appraisal award has been made.Such payments will be made
to the First Named Insured subject to the LOSS PAYEES AND MORTGAGEES Condition.
However,the payment for loss or damage to personal property of others may be to the
account of the owner of the property.
Covered Debris Removal Costs and Expenses and Debris Removal –Additional Costs and
Expenses in the Fees,Costs and Expenses Coverages provision under the LOCATION
COVERAGES section of the Business Property Coverage Part,will be paid by the Insurer
provided all such costs are reported to the Insurer in writing within 180 days of the occurrence.
D.Mortgagee Loss Payee under LOSS PAYEES AND MORTGAGEES is deleted and replaced with the
following:
Mortgagee Loss Payee
With respect to any Mortgagee as defined above,the interest of the Mortgagee in real property will not
be invalidated by:
1.any act or neglect of the mortgagor or owner of the real property;
4032877971CNA62815TX(10-15)Policy No:
21Page3of4EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.
40
0
2
0
0
0
7
1
4
0
3
2
8
7
7
9
7
1
7
6
7
0
CNA PARAMOUNT
Amendatory Endorsement -Texas
2.foreclosures,notice of sale,or similar proceeding with respect to the real property;
3.change in the title or ownership of the real property;
4.change to an occupancy more hazardous than was represented by the Named Insured;or
5.the happening of any condition beyond the mortgagee's or trustee's control.
E.Under Paragraph B.of the VALUATION condition,the following is added:
In accordance with Chapter 862 –Subsection 862.053.Policy A Liquidated Demand.A fire
insurance policy,in case of total loss by fire of property insured,shall be held and considered to be a
liquidated demand against the Insurer for the full amount of such policy.This subsection does not apply
to personal property.
II.Under the NO SUIT AGAINST INSURER condition of the Common Terms and Conditions,Paragraph A.1.is
deleted in its entirety and replaced with the following:
1.with respect to any property or crime coverage part,the action is brought within 2 years and one day
from the date the cause of action first accrues.A cause of action accrues on the date of the initial breach
of the Insurer's contractual duties as alleged in the action.
III.As used herein,the term "business day,"means a day other than Saturday,Sunday or a holiday recognized by
the state of Texas.
All other terms and conditions of the Policy remain unchanged.
This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect
on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and
expires concurrently with said Policy.
4032877971CNA62815TX(10-15)Policy No:
21Page4of4EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.
CNA PARAMOUNT
Changes -Notice of Cancellation or Material
Restriction Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
EMPLOYEE BENEFITS LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
STOP GAP LIABILITY COVERAGE PART
TECHNOLOGY ERRORS AND OMISSIONS LIABILITY COVERAGE PART
SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY –NEW YORK DEPARTMENT OF TRANSPORTATION
SCHEDULE
Number of days notice (other than for nonpayment of premium):060
Number of days notice for nonpayment of premium:10
Name of person or organization to whom notice will be sent:TEXAS DEPARTMENT OF LICENSING AND
REGULATION AIR CONDITIONING
CONTRACTORS
Address:PO BOX 12157
AUSTIN
,
TX 78711
If no entry appears above,the number of days notice for nonpayment of premium will be 10 days.
It is understood and agreed that in the event of cancellation or any material restrictions in coverage during the policy
period,the Insurer also agrees to mail prior written notice of cancellation or material restriction to the person or
organization listed in the above Schedule.Such notice will be sent prior to such cancellation in the manner prescribed in
the above Schedule.
All other terms and conditions of the Policy remain unchanged.
This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect
on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and
expires concurrently with said Policy.
4032877971CNA74702XX(1-15)Policy No:
22Page1of1EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.
40
0
2
0
0
0
7
1
4
0
3
2
8
7
7
9
7
1
7
6
7
1
CNA PARAMOUNT
Calculation of Premium Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
EMPLOYEE BENEFITS LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
STOP GAP LIABILITY COVERAGE PART
TECHNOLOGY ERRORS AND OMISSIONS LIABILITY COVERAGE PART
It is understood and agreed that the following is added:
The premium shown in the Declarations was computed based on rates in effect at the time the policy was issued.On each
renewal,continuation,or anniversary of the effective date of this policy,the Insurer will compute the premium in
accordance with the Insurer’s rates and rules then in effect.
All other terms and conditions of the Policy remain unchanged.
This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect
on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and
expires concurrently with said Policy.
4032877971CNA74726XX(1-15)Policy No:
23Page1of1EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
40
0
2
0
0
0
7
1
4
0
3
2
8
7
7
9
7
1
7
6
7
2
CNA PARAMOUNT
Experience Rating Modification Endorsement -Texas
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
EMPLOYEE BENEFITS LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
TECHNOLOGY ERRORS AND OMISSIONS LIABILITY COVERAGE PART
SCHEDULE
Rating Date:
(If no date is entered,the Rating Date is the effective date of the policy.)
Information required to complete this Schedule,if not shown above,will be shown in the Declarations.
It is understood and agreed that the rates for this insurance are subject to modification as of the Rating Date as shown in
the Schedule,and if this policy is written for three years,the next two anniversary dates of the Rating Date.In each case
the modification is to be in accordance with the Manual Rules and General Liability Experience Rating Plan approved for
Texas and in effect as of the respective dates.
All other terms and conditions of the Policy remain unchanged.
This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect
on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and
expires concurrently with said Policy.
4032877971CNA74898TX(1-15)Policy No:
24Page1of1EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
40
0
2
0
0
0
7
1
4
0
3
2
8
7
7
9
7
1
7
6
7
3
CNA PARAMOUNT
Duties Endorsement -Texas
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
It is understood and agreed that the following is added to the condition entitled Duties:
The Insurer will notify the First Named Insured in writing of:
1.An initial offer to settle claims made against any Insured under this coverage.The notice will be given not later
than the 10th day after the date on which the offer is made.
2.Any settlement of claims made against the Insured under this coverage.The notice will be given not later than
the 30th day after the date of the settlement.
All other terms and conditions of the Policy remain unchanged.
This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect
on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and
expires concurrently with said Policy.
4032877971CNA74904TX(1-15)Policy No:
25Page1of1EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
40
0
2
0
0
0
7
1
4
0
3
2
8
7
7
9
7
1
7
6
7
4
CNA PARAMOUNT
Asbestos Exclusion Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE FORM
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM
RAILROAD PROTECTIVE LIABILITY COVERAGE FORM
SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY –NEW YORK
STOP GAP COVERAGE PART
It is understood and agreed that the following exclusion is added:
This insurance does not apply to:
A.bodily injury,property damage or personal and advertising injury arising out of the actual,alleged or threatened
exposure at any time to asbestos;or
B.any loss,cost or expense that may be awarded or incurred:
1.by reason of a claim for any bodily injury,property damage or personal and advertising injury arising out of
the actual,alleged or threatened exposure at any time to asbestos;or
2.in complying with a governmental direction or request to test for,monitor,clean up,remove,contain or dispose of
asbestos.
As used herein,asbestos means the mineral in any form whether or not the asbestos was at any time:
i.airborne as a fiber,particle or dust;
ii.contained in or formed a part of a product,structure or other real or personal property;
iii.carried on clothing;
iv.inhaled or ingested;or
v.transmitted by any other means.
All other terms and conditions of the Policy remain unchanged.
This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect
on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and
expires concurrently with said Policy.
4032877971CNA74719XX(1-15)Policy No:
26Page1of1EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.
40
0
2
0
0
0
7
1
4
0
3
2
8
7
7
9
7
1
7
6
7
5
CNA PARAMOUNT
Nuclear Energy Liability Exclusion Endorsement
(Broad Form)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
STOP GAP LIABILITY COVERAGE PART
It is understood and agreed that the policy is amended as follows:
I.The insurance does not apply:
A.under any Liability Coverage,to bodily injury or property damage:
1.with respect to which an Insured under the policy is also an Insured under a nuclear energy liability policy
issued by Nuclear Energy Liability Insurance Association,Mutual Atomic Energy Liability Underwriters,
Nuclear Insurance Association of Canada or any of their successors,or would be an Insured under any such
policy but for its termination upon exhaustion of its limit of liability;or
2.resulting from the hazardous properties of nuclear material and with respect to which
a.any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act
of 1954,or any law amendatory thereof,or
b.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,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 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,an Insured or
b.has been discharged or dispersed therefrom;
2.the nuclear material is contained in spent fuel or waste at any time possessed,handled,used,processed,
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 planning,construction,maintenance,operation or use of any nuclear
facility,but if such facility is located within the United States of America,its territories 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 endorsement:
Hazardous properties includes radioactive,toxic or explosive properties.
Nuclear material means source material,special nuclear material or by-product material.
Source material,special nuclear material,and by-product material have the meanings given them in the Atomic
Energy Act of 1954 or in any law amendatory thereof.
4032877971CNA74727XX(1-15)Policy No:
27Page1of2EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
40
0
2
0
0
0
7
1
4
0
3
2
8
7
7
9
7
1
7
6
7
6
CNA PARAMOUNT
Nuclear Energy Liability Exclusion Endorsement
(Broad Form)
Spent fuel means any fuel element or fuel component,solid or liquid,which has been used or exposed to radiation in
a nuclear reactor.
Waste means any waste material:
A.containing by-product material other than the tailings or wastes produced by the extraction or concentration of
uranium or thorium from any ore processed primarily for its source material content,and
B.resulting from the operation by any person or organization of any nuclear facility included under the first two
paragraphs of the definition of nuclear facility.
Nuclear facility means:
A.any nuclear reactor;
B.any equipment or device designed or used for
1.separating the isotopes of uranium or plutonium,
2.processing or utilizing spent fuel,or
3.handling,processing or packaging waste;
C.any equipment or device used for the processing,fabricating or alloying of special nuclear material if at any time
the total amount of such material in the custody of the Insured at the premises where such equipment or device is
located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof,or
more than 250 grams of uranium 235;
D.any structure,basin,excavation,premises or place prepared or used for the storage or 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 reaction
or to contain a critical mass of fissionable material.
Property damage includes all forms of radioactive contamination of property.
All other terms and conditions of the Policy remain unchanged.
This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect
on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and
expires concurrently with said Policy.
4032877971CNA74727XX(1-15)Policy No:
27Page2of2EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA PARAMOUNT
Cap on Losses from Certified Acts of Terrorism
Endorsement
Solely with respect to the following coverage parts:
Business Property
General Liability
It is understood and agreed as follows:
A.Cap on Certified Terrorism Losses
Certified act of terrorism means an act that is certified by the Secretary of the Treasury,in consultation with the
Secretary of Homeland Security and the Attorney General of the United States,to be an act of terrorism pursuant to
the Terrorism Risk Insurance Act,as extended and reauthorized (the "Act").The criteria contained in the Act for a
certified act of terrorism include the following:
1.The act resulted in insured losses in excess of $5 million in the aggregate,attributable to all types of insurance
subject to the Terrorism Risk Insurance Act;and
2.The act is a violent act or an act that is dangerous to human life,property or infrastructure and is committed by an
individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the
policy or affect the conduct of the United States Government by coercion.
If aggregate insured losses attributable to terrorist acts certified under the Act exceed $100 billion in a Calendar year
(January 1 through December 31)and the Insurer has met its insurer deductible under the Act,the Insurer shall not be
liable for the payment of any portion of the amount of such losses that exceeds $100 billion,and in such case insured
losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary
of the Treasury.
B.Application of Exclusions
The terms and limitations of any terrorism exclusion,or the inapplicability or omission of a terrorism exclusion,do not
serve to create coverage for any loss which would otherwise be excluded under this coverage part or Policy,such as
losses excluded by the Nuclear Hazard Exclusion or the War And Military Action Exclusion.
All other terms and conditions of the Policy remain unchanged.
This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect
on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and
expires concurrently with said Policy.
4032877971CNA81503XX(2-15)Policy No:
28Page1of1EndorsementNo:
TRANSPORTATION INSURANCE COMPANY 08/13/2022EffectiveDate:
MCMILLAN JAMES EQUIPMENT COMPANYInsuredName:
Copyright CNA All Rights Reserved.
40
0
2
0
0
0
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1
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0
3
2
8
7
7
9
7
1
7
6
7
7
151 N.Franklin St.
Chicago,IL 60606
Policy Number Policy Period Coverage Is Provided By AgencyFromTo
C4032877971 08/13/22 08/13/23 Transportation Insurance Company 055419040
Named Insured And Address Agent
MCMILLAN JAMES EQUIPMENT COMPANY TEXAS AGENCY ALLIANCE,INC.
1044 TEXAN TRL 1548 N 1ST
GRAPEVINE,TX 76051-3703 PO BOX 1400 (79604)
ABILENE,TX 79601
**PAYMENT PLAN SCHEDULE **
THE BILLING FOR THIS POLICY WILL BE
FORWARDED TO YOU DIRECTLY FROM CNA.
THE PREMIUM AMOUNT FOR THIS TRANSACTION
IS $92,083.61 .
THIS PREMIUM WILL BE INVOICED BY CNA ON
A SEPARATE STATEMENT ACCORDING TO THE
PAYMENT OPTION YOU SELECT.
ISSUE DATE 08/15/22
END OF COPY
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