1989-132NO 89- 113b
AN ORDINANCE ACCEPTING THE PROPOSAL OF EMPLOYERS CASUALTY COMPANY
FOR AUTOMOBILE PHYSICAL DAMAGE COVERAGE AND CONTRACTORS EQUIPMENT
FLOATER INSURANCE COVERAGE FOR THE CITY, AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE, AND DECLARING AN EFFECTIVE DATE
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the proposals of Employers Casualty Company
for automobile physical damage coverage and contractors equipment
floater insurance coverage, copies of which are attached hereto and
incorporated by reference herein, are hereby accepted
SECTION II. That the City Council hereby authorizes the
expenditures of funds in the manner and amount as specified in the
agreement
SECTION III That this ordinance shall become effective
immediately upon its passage and approval
PASSED AND APPROVED this the ~ day of Yom' 1989
RAY S P ENS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY GGGrLCG4~,(~CQ,f?~cf~
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY Libia)
9/14/89
Proposal
City of Denton
Contractors Equipment Floater
Name of Proposed Insurer Employers Casualty Company
Current Best Rating A -VIII
Limits $2,472,269
$ 160,000 New Arquisitions Limit
Coverage Quoted All Risk__
Deductible $10,000
Annual Premium $12,361
The Leased or Rented Equipment Endorsement may be added for a
minimum premium of $300, with a $1 00 rate
Date 9-7-89 Agent 4I1C
_ J Don Aiken
jYERS/:HERMRN Tel 214-892-6583 Sen 12,89 14 35 No 013 P 02,02
P
proposal
Citt of Denton
Automooile Phvsical Damage Coverage
Name of P-oposed Insurer Emol avers Casualty Com an<
Current Best Rating A VIII
Coverage Quotes $110 o0o deductiole Collision & Specified
perils
an'iu3i Pr,mium _JLo12U
This quotation is based on 82 venicles which where taxen from a
schedule prov.ded by the City
NOTE Quote excludes all police vehicles classified 7911
Date 09,12-8J Agent`
Don~Asken
ENPkOYERS/SHERMRN TEL 214-892-6593 Sep 14,89 15 00 No 004 P 02/1£
9-WSINESS AUTO COVERAGE
DECLARATIONS SPECIMEN POLICY
EMPLOYERS CASUALTY COMPANY
f301 YOUNG STREET DALLAS TEXAS 78201 _
Policy No ear Renews Number I L5 L5 0 Vf (5~
ITEM ONE-NAMED INSURED AND MAILING ADDRESS Wo $Ir„i Tow„ or City Coumy g 1 1110 C4 CITY OF DENTON 141989
901-8 TEXAS STREET AST oat
DENTONi. TEXAS 76201 SALES a Opp
Policy Period From SPECIMEN POLICY to SPECIMEN POLICY at 12 01 A M Standard Time at your malling
address shown above
Form of Business INDIVIDUAL
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE
AGREE WITH YOU TO PROVIDE THE INSURANCE IN THIS POLICY
` ITEM TWO-SCHEDULE OF COVERAGES This policy provides only those coverages where a charge is shown in the premium column below
AND COVERED AUTOS Each of these coverages will apply only to those autos shown as covered autos Autos are shown
the COV
s1 29M covered QAAHen At 9~naes Auto Cothe veace Form next to the name of me coverace
COVEREDAUTOS
COVERAGES
(III of poser more 01Iho sym
bonhom theCOVHaecAUTOS
LIMIT
THE MOST WE WILL PAY FOR ANY ONE
PREMIUM
fapon of the aU,IneM AUIe
ACCIDENT OR LOSS
ilomroq, Porm Mow, which
t r r l i
LIABILITY
Bodily Injury
E each personas earn accident
s NIA
Property Damage
B each a001dent
Combined Liability
S own accident
PERSONAL INJURY PROTECTION
(
N/A
S
(PIP)
S.
AUTO MEDICAL PAYMENTS
t
®
s A
UNINSURED/UNDERINSURED
MOTORISTS
Bodllylnlury
$ eachpersoMS each accident
S NSA
Property Damage
s each accident
Combined Liability
B aach Accident:
PHYSICAL DAMAG
STATEDAMOUNT$ ,ACTUAL CASH VALUE ORCOST
S NSA
COMPREHENSIVE OVERAGE
EACH R
CH COVJRED AUTO BUT NO DEDUCTIBLE APPLIES TO
LOSS CAUSED BY FIRE OR LIGHTNING
PHYSICAL DAMAG@
STATED AMOUNT $ , ACTUAL CASH VALUE OR COST
I INCLUDED
SPECIFIED CAUSES OF
OF REPAIR, WHICHEVER IS LESS MINUS 925Ded FOR
IN COLLISIO
LOBS COVERAGE
EACH COVERED AUTO FOR LOSS CAUSED BY MISCHIEF
PREMIUM
OR VANDALISM
PHYSICAL DAMAGE
STATED AMOUNT $ ACTUAL CASH VAI,ttI~E OR COST
R IS LESS MINUS S 0[be0 POR
$
10, 288
COLLISION COVERAGE
EACH COVERED AUTO
PHYSICAL DAMAO E TOWING AND
LABOR
Is for own disablement of a private paesongerauto
s N/A
ENDORSEMENTS ATTACHED TO THIR POLICY
PREMIUM FOR ENDORSEMENTS S
Mom,um Shown is payable s at ~neeptioe ESTIMATED TOTAL PREMIUM $ 10,288
.5" rra.. pni,a ,N h,..e er ee„ewgd AUTO!
NOTEI If The City of Denton had a total loss of a fire truck at Actual Cash Value of $200,000,
The City of Denton would receive at the time of lose, $190,000 compensation.
EXAMPLEL ACTUAL CASH VALUEI $200,000
pEDUCTIELFt 10,000 Ccunterolgned at DALLAS, TEXAS
COMPENSATION: 190,000 _
Authetiad ltWesentPlNe
THESE DECLARATION$ TOGETHER WITH THE POLICY JACKET BUSINESS AUTO COVERAGE FORM AND
PORMSANDENDORSEMENTS IF ANY ISSUED TO FORM A PART THEREOF COMPLETE THE ABOVE NUMBERED POLICY
(BUSINESS AUTO DECLARATIONS CONTINUED ON BACK)
POLICY NUMBEq BAP COPY Poe nteTo?" nPP7Pa
EMPLOYERS/SHERMRN TEL 214-892-6593 Sep 14 89 15 00 No 004 P 03/1E
TE 00 31B
THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY
AMENDATORY ENDORSEMENT TEXAS
This endorsement modifies insurance provided under the following
lUSINISS AUTO COVERAGE FORM
GARA01 COVERAGE FORM
TRUCKERS COVERAGE FORM
This endorsement changes the policy effective on the inception dote of the policy unless another dote is Indicated below
Endorsement Effective Policy Number
Named Insured Tom.
Countersi nod by
(Authorised Representatrvel
CHANGES IN SECTION II - LIABILITY COVERAGE - C - LIMIT 01 INSURANCE
is changed to rood
It separate limits of insurance for bodily injury and property damage liability are shown in the Schedule or in the Declarations
for this coverage regardless of the number of covered autos, insureds, premiums paid, claims made or vehicles involved in
the occident, the lima of insurance is at follows
1 The most we will pay for all damages resulting from bodily injury to any one person caused by any one accident is
the limit of Bodily Injury Liability shown in the Schedule or in the Declarations for each person
3 Subject to the limit for each person, the most we will pay for all damages resulting from bailey Injury caused by any
one accident is the limit of Bodily Injury Liability shown in the Schedule or in the 0e410rarwns far each accident
3 The most we will pay for all damages resulting from property damage caused by any one aeeident Is the lima of
Property Damage Liability shown in the Schedule or in the Declarations
If the limit of insurance shown in the Schedule or in the Declarations for this coverage is for combined bodily injury and
property damage liability regardless of the number of Covered autos, insureds, premiums paid claims made or vehicles
involved in the accident, the most we will pay for all damages resulting from any one occident is the Limit of Insurance for
Liability Coverage shown in the Schedule or in the Declarations
All bodily injury and property damage resulting from continuous or repeated exposure to substantially the some conditions
will be considered as resulting from one accident
FORM TO 00 316 - THIVINDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY
AMENDATORY INDORSEMENT - TEXAS
Texas Standard AutenoijbRe Indorsement
Proscribed October 1, 19$3
EMPLOYERS/SHERMRN TEL 214-892-6593 Sep 14,89 15 00 No 004 P 04/1
TE 00 32A
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
AMENDATORY ENDORSEMENT TEXAS
This endorsement modifies insurance provided under the following
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
TRUCKERS COVERAGE FORM
Th.& endnraemenr nhnnnas the nnllev effective on the Inceotion date of the oolicv unless another dote is indicated below
Endorsement Effective
Policy Number
Nomad Insured
'
Counters 4-
(Authorized Representative)
CHANGES IN COMMON POLICY CONDITIONS -
A CANCELLATION is changed to read
A CANCELLATION OR NON RENEWAL
Paragraph 2 Is changed to read
3 We may cancel or non renew as follows
a Cancellation
(1) We may cancel this policy by moiling or delivering to the first Named Insured written notice of cancellation
stating the reason for cancellation, at least 10 days before the effective date of cancellation
(2) If this policy has been in effect for 60 or fewer days, we may cancel for any reason
(S) If this policy has been in off act for more than 60 days we may cancel only for one or more of the following
reasons
(a) Fraud in obtaining coverage,
(b) Failure to pay premiums when due,
(e) An increase in hazard within the control of the brewed which would produce on increase in rote
(d) Loss of our reinsurance covering all or port of the risk covered by the policy, or
(e) If we have been placed in supervision conservatorship or receivership and the cancellation or non
renewal is approved or directed by the supervisor, conservator or receiver
b Non Renewal
(1) We may elect not to renew this policy by moiling or delivering to the first Named Insured, at the lost mailing
address known to us, written notice of non-renewal, stating the reason for non renewal at least 60 days before
the expiration dote If notice Is mailed or delivered less than 60 days before the spnot on date, this policy will
remain In effect untll the 61 st day after the dote on which the not cs is moiled or delivered Earned premium for
any period of coverage that extends beyond the expiration dote will be computed pro rata based on the
previous year's premium
(2) If notice Is mailed, proof of moiling will be sufficient proof of notice
FORM TI 00 32A - THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY AMENDATORY IN
DORNME14T - TEXAS
Taxes Standard AatamebRe Iadoreenwnt
Prescribed Oeteber 1, 1988
EMPLOYERS/SHERMAN TEL 214-892-6593 Sep 14 89 15 00 No 004 P 0511E
TE 00 33A
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
AMENDATORY ENDORSEMENT - TEXAS - INSURED CONTRACT
This endorsement modifies Insurance provided under the following
BUSINESS AUTO COVERAGE FORM
TRUCKERS COVERAGE FORM
TL.....An.u..wenr rknnn.& the nnerv Affective en the inception date of the policy unless another date is indicated below
Endorsement Effective
_
Policy Number
Named Insured
Countersigned by
r ^uinonzaa nepresenrunvei
CHANGES IN DEFINITIONS
BUSINESS AUTO COVERAGE FORM - SECTION V A
TRUCKERS COVERAGE FORM - SECTION VI E
is changed to road
E Insured Contract means
1 A loose of premises,
2 A sidetrack agreement,
3 An easement or license agreement in connection with vehicle or pedestrian private railroad crossings at grade,
4 Any other easement agreement, except in connection with construction or demolition operations on or within SO
feet of a railroad,
S An Indemnification of a municipality as required by ordinance except in connection with work for a municipality
6 That part of any contract or agreement entered Into as part of your business, by you or any of your employees
pertaining to the rental or lease of any auto, or
7 That port of any other contract or agreement pertaining to your business under which you assume the tort liability
of another to pay damages because of bodily injury or property damage to a third person or organization, if the contract
or agreement is made prior to the bodily InMy or property damage Tort liability means a Iability that would be Imposed
by low In the absence of any contract or agreement
An insured contract does not Include that part of any contract or agreement
1 That pertains to the loan, loose or rental of an auto to you or any of your employees, If the Bute is loaned, loosed or
rented with a driver, or
2 That holds o person or Organization engaged in the business of transporting property by auto for hire harmless for
your use of a covered auto over a route or territory that person or organization Is authorized to serve by public
authority
FORM TI 00 33A - TTHHISSUE DONRTSEMEENT CHA, GES THE PCONTRACTOLICY READ IT CAREFULLY AMENDATORY IN
Texas Standard Automobile Endorsematf
Proscribed March 13, 1969
EMPLOYERS/SHERMAN TEL 214-892-6593 Sep 14,89 15 00 No 004 P 06/1£
15 TE 99 40A
SUPPLEMENTARY DEATH BENEFIT
This endorsement modifies insurance provided under the following
MEDICAL PAYMENT
PERSONAL INJURY PROTECTION
AUTOMOBILE DEATH INDEMNITY AND TOTAL DISABILITY COVERAGE
This endorsement chances the policy affective on the Inception date of the policy unless another date is indicated below
Endorsement Effective
Policy Number
Nomad Insured
Countersigned by
IAuthorixed Representative)
I
A COVERAGE
We will pay under the provisions of personal Injury protection insurance, medical payment insurance and/or auto
death indemnity insurance as afforded by this i)ollcy except as Ilrrxred by this endorsement
We will poYY a supplementary death benefit equal to the limit shown for the coverages but not exceeding ten
thousand (i 10 000) per person because of death
1 Caused by an owe occident, and
2 Sustained by an Insured while wearing a ro to belt or protected by an okbog
We will pay the benefit, If death from on two eeeident occurs within throe years of the date of such occident,
except under auto death indemnity, death mull t oi.cur within one year of the date of such accident
B PROOF 01 CLAIM FOR DEATH BENEFIT
The beneficiary must furnish us with proof of death of the htswed accompanied by a police report or other suitable
proof, that the unwed of the time the auto occident occurred, was wearing o sear belt or protected by on alrbo6
C OTHER INSURANCE
Any amounts payable under the supplementary dtath benefit shall not be reduced by any other amounts paid or
payable under this policy
D ADDITIONAL DEFINITIONS
The following are added to the DEFINITION Se tion and have special meaning for Supplementary Death Benefit
1 'Inewod' as used in this endorsement means the some persons who are covered under auto medical payments
insurance, personal injury protection insurance, garage auto medical payments and/or auto death indemnity
insurance
2 "Sett $ek means manual or automatic safety bejte or seat and shoulder restraints or a child restraint device
1 ' Alrbog" is o functioning airbag designed to protect the occupant of o seat in an auto
4 "Beneficiary" means fin order of priority of payment)
o the surviving spouse if a resident in the some household as the deceased at the time of the accident or
b if the deceased is an unmarried minor, either of the surviving parents who had legal custody at the time of
the Mt►dow, or
e the estate of the deceased
FORM ?1 199 60A - SUPPLEMENTARY DEATH BENEFIT
Texas Standard AwotnebBe Bnraeentertt
Proscribed November 1, 1967
p plY Lbi GKJ/Jnt Klll-i IV IGL G14-a JL-V.JJJ - -
L TIE 00 30C
THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY
AMENDATORY ENDORSEMENT - TEXAS
This endonemsnt modifies insurance provided under the following
BUSIHISS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
TRUCKERS COVERAGE FORM
This endorsemeru chance s the policy effective on the Inception dote of the policy unless another date
Endorsement Effective Policy Number
Named Insured
Countersigned by ~4xit
1 CHANGES IN SECTION 1 - COVERED AUTOS - C - CERTAIN TRAILERS MOBILE EQUIPMENT AND TEMPORARY
SUBSTITUTE AUTOS
BUSINESS AUTO COVERAGE FORM
TRUCKERS COVERAGE FORM
is changed to read
If Lloblfay Coverage Is provided by this Coverage Form the following types of vehicles are also covered sae" for
Liability Coverage without specific description
1 Trailers with a load capacity of 2 000 pounds or less designed primarily for travel on public roods
2 Traitors deal nod for use with and being pulled by o private passenger ewe pickup panel truck or van if not
customarily used for business purposes with another type wife
3 Mobile equipment while being carried or towed by a covered "to
e Any outs you do not own while used with the permission of Its owner as a temporary substitute for a covered
auto you own that is out of service because of its
a Breakdown
Is Repair
a Servicing
III Lou or
a Destruction
2 CHAMOIS IN SECTION I - COVERED AUTOS - C - CERTAIN TRAILIRS AND TEMPORARY SUBSTITUTE AUTOS
GARAGE COVERAGE FORM
a changed to read
If Liability Coverage Is provided by this Coverage Farm the following types of vehicles are also covered seat" fa
Liability Coverage without specific description
1 Traders with a load capacity of 2 000 pounds or less designed prlmority for travel on public roads
2 Traders desl0r~ed for use with and being pulled by o private passenger awe pickup panel truck or van if not
Customarily used for business purposes with another type wee
S Any auto you do not own while used with the permission of its owner as o temporary substitute for o covered
ode you own that Is out of service because of Its
a Breakdown
Is Repair
e Servicing
d Loo or
e Destruction
3 CHANGES IN PHYSICAL DAMAGE COVERA09 GLASS BREAKAGE - HITTING A BIRD OR ANIMAL - FALLING OB
ACTS OR MISSILES
BUSINESS AUTO COVERAGE FORM - SECTION R A - COVERAGE - 3
TRUCKERS COVERAGE FORM - SECTION IV - A - COVERAGE - 3
GARAGE COVERAGE FORM - SECTION IV - A COVERAGE - 3
Is changed to read
We will pay for gyloss breakage lose caused by hitting a bird or animof or by failing objects or missiles under
Comprehensive Caveage if you carry Comprehensive Coverage for the damaged covered ode However You
have the option of hoverrerp gloss breakage caused by a covered wts s collision or premium or K less Is caused by
contact with a bbd or onimal considered a less caused by collision
4 CHANGES IN PHYSICAL CAMA01 COVIRAGIr
BUSINESS AUTO COVERAGE FORM - SECTION SFA COVERAGE - 4 COVERAGE EXTENSION
TRUCKERS COVERAGE FORM - SECTION IV A COVERAGE - e COVERAGE EXTENSION
Is changed to read
We win also pay Vp to $201, er day to a maximum of $600 for transportation expense Incurred by you because of
the total theft of o coverede of the private passenger type We win pay only for those covered votes for which
you carry either Comprehensive or Specified Louses of Less or Theft Coverage We will Pit Y for transportation
expamses incurred during the period beginning IB haws after the theft and ending regardless of the policy s
expoatlon whom the covered ace Is returned to use or we pay for Its tone
(SU RSVIRSI SIDI FOR FURTHER PROVISIONS)
-.w ,.s x.....
EMPLOYF /SHERMAN TEL 214-892-6593 Sep 14 89 15 00 No 004 P 09/1
S CHANGES IN PHYSICAL DAMAGE COVERAGE
GARAGE COVERAGE FORM - Section IV - A COVERAGE 4 Coverage Extension
a changed to read
If your business Is shown In the Declarations as something other than on awe deolershlp we will alto pa up to $20
per day to a maximum of $600 for transportation expense Incurred by you because of the total theft of o covered
awe of the private passenger type We will pay only for those covered awes for which you carry either Comprehern
fire or Specified Causes of Loss or Theft Coverage We will pay for transportation expenses incurred during the
period beginning 48 hours after the theft and ending regardless of the pof s expiration when the covered cab Is
returned to use or we pay for its less
6 CHANGES IN PHYSICAL DAMAO[ COVERAGE - EXCLUSIONS
BUSINESS AUTO COVERAGE FORM - SECTION Ili 8 EXCLUSIONS Paragraph 2 a
TRUCKERS COVERAGE FORM - SECTION IV B EXCLUSIONS Paragraph 2
GARAGE COVERAGE FORM - SECTION IV8 EXCLUSIONS Paragraph 2
The following exclusions are added to the Coverage farms Indicated in the margin
Business Auto - (4) Loss to any custom furnishings or equipment In of upon any pickup panel truck van or
truckers - e motorhorre
Garage - f
Custom furnishings or equipment include but are not limited to
Ill special carpeting and insular on furniture bars or television receivers
(x) facilities for cooking and sleeping
(id) height extending roofs or
(iv) custom murals paintings or other decals or graphics
This exclusion does not apply if the value of the custom furnishings or equipment has been
reported to us prior to a loss and Included in the premium for this coverage
Business Auto - (5) When In or upon any motorfmme or trailer lots to
truckers - f
Garage - g (1) TV antennas
flf) awnings or cabanas or
610 equipment designed to create additional living facilities
Business Auto - (6) Lan to any device or instrument used for detection of radar or other speed measuring equipment
Truckers - g
Garage - In
F CHANGES IN PHYSICAL DAMAGE COVERAGE
BUSINESS AUTO COVERAGE FORM - SECTION III C - LIMIT OF INSURANCE
TRUCKERS COVERAGE FORM - SECTION IV C - LIMIT OF INSURANCE
i Is changed to read
The most we will pay for loss In any one accident is the smoleet of the following amounts
1 The amount stated in the declaration of the policy
v 2 The actual cash value of the damaged or stolen property at the time of the loss
2 The cost of repairing or replacing the damaged or stolen property with other of like kind or quality
S CHANGES IN PHYSICAL DAMAGE COVERAGE
GARAGE COVERAGE FORM SECTION IV C - LIMITS OF INSURANCE I
is changed to read
1 The most we will pay for less to any one covered suits is the smallest of the following amounts
a The amount stated In the dedorutions of this policy
b The actual cash value of the damaged or stolen property at the time of his
e The cost of repairing or replacing the damaged or stolen property with other of Ike kind or quality
9 CHANGES IN PHYSICAL DAMAGE COVERAGE
BUSINESS AUTO COVERAGE FORM - SECTION EI - Paragraph D - DEDUCTIBLE
TRUCKERS COVERAGE FORM - SECTION N - Paragraph D - DEDUCTIBLE
Is changed to read
For each covered cub our obligation to pay for repair return or replace damaged or stolen property w8 be
reduced by the applicable deductible shown In the declarations
10 CHANGES IN PHYSICAL DAMAGE COVERAGE
GARAGE COVERAGE FORM - SECTION IV - Paragraph D - DEDUCTIBLE
Paragraph D 2 is deleted
11 CHANGES IN CONDITIONS
l BUSINESS AUTO COVERAGE FORM - SECTION N
TRUCKERS COVERAGE FORM - SECTION V
GARAGE COVERAGE FORM - SECTION V
The LOSS CONDITIONS in the coverage form are changed as follows
2 011101Ef IN THE EVENT Of ACCIDENT CLAIM 311.1I7 OR LOSS
Add the following to Paragraph 2 a
N we show that Vow failure to provide notice prejudices cur defend there Is no liability coverage under the policy
Add Paragraph d
4 When required by w
(1) submit a sworn proof of Nu
ql submit to examMatien under sorb
EMPLOYERS/SHERMNN TE/L~ 214-892-6593 Sep 14 89 15 00 No 004 N U9/16
( - II IL 00 21
NUCLEAR ENERGY LIABILITY 1XCLUSION ENDORSEMENT
BROAD FORM
This andorsomtnt modlfles Insurance provided under the following
ALL AUTOMOBIL! LIAlILITY 0INlRAL LIABILITY AND MlDICAL PA-Y
VIICIAL PA
OMMIlH[N51VlWPLRfONALRAND IARMW ! COMPItlNlNSIVI PIR50N IL M URANCI
This an iorsement changes the policy effective on the Inception date of the policy unless onother date is indicated below
Endorsement Effective Policy Number
Named Insured
- WV
I Cauntrslgned by_
(Authorized Representative)
1 The insurance does not apply
A Under any Uoblllty Coverage to bodily Inlwl of Property damOP
(1) With raspect to which an Mowed under the poneyy is also on insured under a nuclear energy Nebdity policy
issued fir, Nuclear Enryy Uobility Insurance Association Mutual Atomic Energy Liability Uncirwrlurs W
Nuclear suronceo Association of Canada or on of their successor or would be an Invited under any such
i policy but for its Nnnination upon exhaustion of its NrNt of Nobility or
11 (1) Rosulfma from the hazardous PraprtMs of metier material and with respect to which (a) any person or
I orgamzation Is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 of any low
amendatory thereof or (b) the insured Is or had this policy not been Issued would be entitled to Indemnity from
r the United Stotts of America or any oyyency thereof under any agreement entered Into by the United States
of America or any agency thereof w tit any person or organization qg
hose dem Under prany operti eMedical of nuclear material and to arising outexpenses of the pe anion of o naelsor fe.%4 wf by a any fr the
or resting organization
C Under any Liability Coverage to les ily Injury, r property to -9 resulting from the Aasgedeas propin las of
nuder material If
facility owned by r operated by or on behalf of, an bowed or (b)
(1) The has ban el lean gmat onto) Is at Uieleirom
storedThe nuclear mi or ial is contained In on belie of an tom red any time possessed handled used processed disposed of by or (3) The bodily injury or property demagv arises out of the furnishing by an bowed of services materials pats
or equipment In connection with the planning construction a abate Lance operation of use of any message
oxelusln (3) facility applies only to within aMh~I daimale States such roultsr lecglh and any property thereat or
Cannada b his If suc
As used M this endorsement
Nesardvtr properties Include radioactive toxic or explosive properties
Huelva matrial means source material special Haler material or by present material
Iewae material sialal nuclear materler and by yrodast materiel have the meanings given them in the
Atomic Energy Act of 1950 or in any low omendolcry thereof
aased fuel M l a tmieesams many ole element or fuel component solid or liquid which has been used or exposed to radiation
Waste means any waste material (a) containing by product matrld other than the Milli s ar wastes produced by
nedow fafor 116 ~ cility in ludedatundr
the extraction content, and (b or esulting from the operation by tany bottom or organization of processed any primp
the first two paragraphs of the definition of nuder facility
Nwlear folity means
ice) Any aecter teaslge
or i utlNzing sNemic Feel e of (3) handling processi q or packthe aging t worsN of uranium or plutonium In
p ocssing equipment
(a) Any equipment or device used far the processing fabricating or cloy" of spo4W nudser awterlel It at
any thine the total amount of such material In the curledy of the Imured at the premises what wch equipment
Ilion thereof bormwe cnsists I50 grams o ins more 2n 3 grams of plutonium r uranium 133 or any comblrro
(d) Any structure begin excavation premises or place prepared or used for the storage of disposal of wash
and Includes the slit on which any of the foregoing is located al operatiem conducted on such site and at
premises used for such operations
Nudism ate contain mesa a a7, apparatus designed used t sustain nuclear fission In o so" supporting chain
reacton
Prepady deete0a Includes all forms of radioactive contamination of property
FOAM b 00 21 - NUCLIAR INWOY LIANNUTY "CUUMON INDORIIMMT
WOAD FORM
Tax"Standard November 90~semem
V ;~7-
1 tF '
r~ rl~ ~ ~ Jn LnIInIV
BUSINESS AUTO COVERAGE FORM
6ARAGI COVER s^I FORM
TRUCKERS COY E FORM
This endorsement Changes the policy effective an the nceptlon dote of the policy unless another data is and sated below
Endorsement Effective Policy Number
Nomad Insurd
Countersigned by
(Authon<ed Representanva)
B you are an individual the policy Is changed as follows
A DIFINITIONS
1 The following words are Changed for this endonement
The words you and your include yaw spouse if a resident of the some household except for notice of
Cancellation
2 ADDITIONAL DEFINITIONS
o Femgy member means a person related to you by blood marrioge or adoption who a a resident of yow
household Including a ward or foster child
Is A private poseartper sel means a four wheel motor vehicle other than a truck type
a 'WIlhy typeauto means vehicles of the pickup body sedan delivery panel truck von type and multi-me
type vehicles not customarily used for business purposes other than farming or ranching
of Miscelaneew type vehicle. Include golfmobiks pickup trucks wed solely to transport camper bodies
motorhomes motorcycles motorscooters motorbikes ail terrain vehicles and similar motor vehicles not
customarily used for business purposes other than forming or ranching
CHANOIS IN LIASRITY COVERAOI
1 Exclusion B 5 does not apply to filially Injury to your or any family member s fellow employees
S The folowing exclusion Is added
We do not provide Liability Coverage for you or any fanlRy, member far badly Wlury to you or any ferNiy
member
E PERSONALAUTO AUTOCOVERAGE
n of the private ►eeseoper wWty or edesegasow type vehicle k a covered "to under the
While any COURAGE
LIABILITY
a The following is added to WHO IS AN INSURED
utility or nds<apeneaw
Fel chide and nyes her ofor te descrcovered miles bed n paragraph I b f of the private this endorsema
typ
Is Any auto you do t awn Is a covered ewe while being used by you or by any f e ally member except
' (1) Any ewe owned by or furnished or available for the regular use of any femlly members except when
being used by you
(2) Any awe furnished or available for your regular use
(S) Any awe wad by you or by any of your fertility insentient while working in a business of ..hog
ear leln0 repairing or parking awes
(1) Any onto other than an auto of the ►r isi pss mpr utRUy or mlteellatmew type yehide used by you
of by any of your finally members while working In any other business or occupation
e The exdudon latlrp to pollutants bsitants and contaminants and if forming a part of the policy the
j NUCLEAR ENERGV~LUBIUTY EXCLUSION (BROAD FORM) does not apply to any covered arts of the private
dJ pasunger wgky or misceRonesw type vehkH
x d Exclusion B 6 does not apply to srry Mena a to any private pestenfor utility or misralkneeas typo
valdds covered awe you Can t own w ih Ie being use by you or by any family member except
(1) Any owe owned by or furnished or available for the regular use of any f• oily member
12) Any .use furnished or ovokbk fa yew or any family member it regular we
or any family main uses while working in a business of lasing servicng
43) Any or e, Which
perking Suisse
repairing e }
• Exclusion B ei dose not apply you or any lomily member for the " operation occupancy 01 a private
sadly member exc. thglddt not aowned of ll used furnished d or available for for the the regular use of
pms*W awe eight or o
you or
you or any sadly except t while the vehicle bbW to cony opersons ccupancy or progeny for for o a fee The
exdusiop also does not appply to yaw or any femRy member s operation or occupancy of any other cute d such
operation or occupancy k not for business purposes
C. CHAMOIS IN CONDITIONS
The following Condition is added
DEATH OF THE INDIVIDUAL NAMED INSURED
K you lie
1 Your surviving apowe K a resident of the terms household of the time of yaw death will continue as the named
Wowed until the and of the poky
2 Yaw legal representative will be the nerved Inswd but only wNle acting within the scope of his or her duties as
such
TRANSFER OF RIGHTS OF RECOVERY AGAINST OTINRS TO US Is changed to include the following
However our rights in this paragraph do not apply uryder Physical Damage Coveralls against any person uunyaw
owned private poseMMw vo" or mkod wer type yehiste with a reasonable be at that that parson is entitled to
do so
We may not claim the amount recovered by you or any ferely member from an Insurer of any underinsured motor
vehicle
FORM TI 99 11A - INDIVIDUAL l6uaderdA AutomobSUIR
Taxes e Endassmem
Prescribed November 1 1967
EMPLOYERS/SHERMAN TEL 214-892-6593 Sep 14 89 15 00 No 004 P 11/1
CA 104
(1187)
BUSINESS AUTO COVERAGE FORM
Various provisions in this policy restrict coverage Read the entire policy carefully to determine rights duties and what
is and is not covered
Throughout this polic,y the words you and your refer to the Named Insured shown in the Declarations The words
we "us and our' refer to the Company providing this insurance
Other words and phrases that appear in boldface type have special meaning Refer to SECTION V-DEFINITIONS
SECTION I-COVERED AUTOS
ITEM TWO of the Declarations shows the autos that are
covered autos for each of your coverages The following
numerical symbols describe the autos that may be
covered autos The symbols entered next to a coverage
on the Declarations designate the only autos that are
covered autos
A DESCRIPTION OF COVERED AUTO DESIGNATION
SYMBOLS
SYMBOL DESCRIPTION
1 = ANY AUTO
2 = OWNED AUTOS ONLY Only those autos you
own (and for Liability Coverage any trailers
you don t own while attached to power units
you own) This includes those autos you
acquire ownership of after the policy begins
3 OWNED PRIVATE PASSENGER AUTOS
ONLY Only the private passenger autos you
own This includes those private passenger
autos you acquire ownership of after the
policy begins
4 OWNED AUTOS OTHER THAN PRIVATE
PASSENGER AUTOS ONLY Only those autos
you own that are not of the private passenger
type (and for Liability Coverage any trailers
you don't own while attached to power units
you own) This includes those autos not of the
private passenger type you acquire ownership
of after the policy begins
B
8 -OWNED AUTOS SUBJECT TO NO FAULT
Only those autos you own that are required to
have No Fault benefits In the state where they
are licensed or principally garaged This
includes those autos you acquire ownership of
after the policy begins provided they are
required to have No Fault benefits in the state
where they are licensed or principally
garaged
6 -OWNED AUTOS SUBJECT TO A COM
PULSORY UNINSURED MOTORISTS LAW
Only those autos you own that because of the C
law In the state where they are licensed or
principally garaged are required to have and
cannot reject Uninsured Motorists Coverage
This includes those autos you acquire
ownership of after the policy begins provided
they are subject to the same state uninsured
motorists requirement
7 = SPECIFICALLY DESCRIBED AUTOS Only
those autos described in ITEM THREE of the
Declarations for which a premium charge is
shown (and for Liability Coverage any trailers
you don It own while attached to any power
unit described in ITEM THREE)
8 = HIRED AUTOS ONLY Only those autos you
lease hire rent or borrow This does not
include any auto you lease, hire rent or
borrow from any of your employees or partners
or members of their households
8 - NONOWNED AUTOS ONLY Only those autos
you do not own, lease hire rent or borrow that
are used in connection with your business
This includes autos owned by your employees
or partners or members of their households
but only while used in your business or your
personal affairs
OWNED AUTOS YOU ACQUIRE AFTER THE
POLICY BEGINS
1 If symbols 1 2 3 4 5 or 6 are entered next
to a coverage in ITEM TWO of the Declarations
then you have coverage for autos that you
acquire of the type described for the remainder
of the policy period
2 But if symbol 7 is entered next to a coverage
In ITEM TWO of the Declarations an auto you
acquire will be a covered auto for that coverage
only if
a We already cover all autos that you own for
that coverage or it replaces an auto you
previously owned that had that coverage
and
b You tell us within 30 days after you acquire
it that you want us to cover it for that
coverage
CERTAIN TRAILERS, MOBILE EQUIPMENT AND
TEMPORARY SUBSTITUTE AUTOS
If Liability Coverage Is provided by this Coverage
0,,, r
1 TE 0001 IEd 118717 E)w 70A IEO 1187) TC 00 7101 I t 1 871
LOYERS/SHERMAN TEL 214-892-6593
Form, the following types o4hicles are also
covered autos for Liability Coverage without specific
description
1 Trailers with a load capacity of 2,000 pounds or
less designed primarily for travel on public
roads
2 Trailers designed for use with and being pulled
by a private passenger auto, pickup, panel
truck or van if not customarily used for business
purposes with another type auto
3 Mobile equipment while bung carried or towed
by a covered auto
4 Any auto you do not own while used with the
permission of its owner as a temporary
substitute for a covered auto you own that is out
of service because of Its
a Breakdown,
b Repair,
c Servicing
d Loss, or
a Destruction
SECTION II-LIABILITY COVERAGE
A COVERAGE
We will pay all sums an Insured legally must pay as
damages because of bodily Injury or property
damage to which this Insurance applies, caused by
an scoldent and resulting from the ownership,
maintenance or use of a covered auto
We have the right and duty to defend any suit asking
for these damages However, we have no duty to de
fend suits for bodily Injury or property damage not
covered by this Coverage Form We may Investigate
and settle any claim or suit as we consider ap
propriate Our duty to defend or settle ends when
the Liability Coverage Limit of Insurance has been
exhausted by payment of judgments or settlements
1 WHO IS AN INSURED
The following are Insureds
a You for any covered auto
b Anyone else while using with your permis
sion a covered auto you own, hire or borrow
except
(1) The owner of a covered auto you hire or
borrow from one of your employees or a
member of his or her household
(2) Someone using a covered auto while he
or she is working in a business of sell
ing, servicing, repairing or parking
autos unless that business Is yours
(3) Anyone other than your employees,
partners, a lessee or borrower or any of
their employees, while moving property
to or from a covered auto
(4) A partner of yours for a covered auto
owned by him or her or a member of his
or her household
c Anyone liable for the conduct of an Insured
Sep 14,89 15 00 No 004 P 12/1£
describ ove but only to the extent of
that habi y However, the owner or anyone
else from whom you hire or borrow a cov
ered auto is an Insured only if that auto is a
trailer connected to a covered auto you own
2 COVERAGE EXTENSIONS
Supplementary Payments In addition to
the Limit of Insurance we will pay for the
insured
(1) All expenses we incur
(2) Up to $250 for cost of bad bonds (in
chiding bonds for related traffic law
violations) required because of an ac
cident we cover We do not have to fur
rash these bonds
(3) The cost of bonds to releabe
attachments in any suit we defend, but
only for bond amounts within our Lima
of Insurance
(4) All reasonable expenses incurred by
the Insured at our request, including
actual loss of earnings up to $100 a
day because of time off from work
(S) All costs taxed against the Insured in
any suit we defend
(6) All Interest on the full amount of any
judgment that accrues after entry of
the judgment In any suit we defend
but our duty to pay interest ends when
we have paid, offered to pay or depos
ited in court the part of the judgment
that is within our Limit of Insurance
b Out of State Coverage Extensions
While a covered auto is away from the state
where it is licensed we will
(1) Increase the Limit of Insurance for
Liability Coverage to meet the limit or
limas specified by a compulsory or
finanrial responsibility law in the juris
diction where the covered autos being
used
(2) Provide the minimum amounts and
types of other coverages, such as no
fault, required of out of state vehicles
by the Jurisdiciton where the covered
auto is being used
We will not pay anyone more than once for
the same elements of loss because of these
extensions
B EXCLUSIONS
This Insurance does not apply to any of the
following
1 EXPECTED OR INTENDED INJURY
Bodily Injury or property damage expected or
Intended from the standpoint of the Insured
EMPLOYERS/SHERMAN TEL 214-892-6593
Sep 14,89 15 00 No 004 P 13/1
I 2 dONTRACTUA(
8 VEN J OF PROPERTY BY MECHANICAL
11 Liability assumed .ender any contrart or
OtVICE
agreement
Bodily injury or property damage resulting from
But this exclusion does not apply to liability for
the movement of property by a mechanical
damages
device (other than a hand truck) unless the
a Assumed in a contract or agreement that is
device is attached to the covered auto
an insured contract or
9 OPERATIONS
b That the insured would have in the absence
Bodily injury or property damage arising out of
of the ~ontraut or agreement
the operation of any equipment listed in
3 WORKERS COMPENSATION
paragraphs 6 b and 6 c of the definition of
mobile equipment
Any obligation for which the insured or the
insured's insur►r may be held liable under any
10 COMPLETED OPERATIONS
Norkers compensation disability benefits or
Bodily injury or property damage arising out of
unemployment rompensation law or any similar
your work after that work has been completed or
law
abandoned
4 EMPLOYEE INDEMNIFICATION AND EM
In this exclusion your work means
PLOYER'S LIABILITY
a Work or operations performed by you or on
Bodily Injury to
your behalf and
a An employee of the Insured arising out
b Materials parts or equipment furnished in
of and in the course of employment by the
connection with such work or operations
insured or
Your work ncludes warranties or representations
b The spouse child parent brother or sister
made at any time with respect to the fitness
of that employee as a consequence of
quality durability or performance of any of the
paragraph a above
items included in paragraphs a or b above
This exclusion applies
Your work will be deemed completed at the
(1) Whether the insured may be liable as an
earliest of the following times
employer or in any other capacity and
(1) When all of the work called for in your
contract has been completed
(2) To any obligation to share damages with
(2) When all of the work to be done at the
or repay someone also who must pay
damages because of the injury
site has been completed if your contract
But this exclusion does not apply to bodily
calls for work at more than one site
Injury to domestic employees not entitled to
(3) When that part of the work done at a job
workers compensation benefits or to liability
site has been put to its intended use by
assumed by the Insured under an Insured
any person or organization other than
contract
another contractor or subcontractor
working on the same project
S FELLOW EMPLOYEE
Work that may need service maintenance
Bodily Injury to any fellow employee of the
correction repair or replacement, but which
insured arising out of and in the course of the
is otherwise complete will be treated as
fellow employee's employment
completed
6 CARE, CUSTODY OR CONTROL
11 POLLUTION
Property damage to property owned or trans
a Bodily injury or property damage arising out
ported by the Insured or in the Insureds care
of the actual alleged or threatened
custody or control But this exclusion does not
discharge dispersal, release or escape of
apply to liability assumed under a sidetrack
pollutants
agreement
(1) That are, or that are contained in any
7 HANDLING OF PROPERTY
property that is
Bodily injury or property damage resulting from
(a) Being transported or towed by or
the handling of property
handled for movement into onto or
a Before it is moved from the pla,.P where it
from the covered auto
Is ar cepted by the Insured for movement
(b) Otherwise in the course of transit
into or onto the covered auto or
Or
b After it is moved from the covered auto to
(c) Being stored disposed of treated
the place where it is finally delivered by the
or processed in or upon the
Insured
covered auto
i I 3
EMPLOYERS/SHERMAN TEL 214-892-6593
ai
(2) Before the pollutants or any property in C
which the pollutants are contained are
moved from the place where they are
accepted by the insured for movement
Into or onto the covered auto, or
(3) After the pollutants or any property in
which the pollutants are contained are
moved from the covered auto to the
place where they are finally delivered
disposed of or abandoned by the
Insured ,
Paragraph a (1)(c) does not apply to fuels
lubricants, fluids, exhaust gases or other
similar pollutants that are needed for or
result from the normal electrical hydraulic
or mechanical functioning of the covered
auto or its parts, if
(1) The pollutants escape or are dis
charged, dispersed or released directly
from an auto part designed by its
manufacturer to hold store, receive or
dispose of such pollutants, and
(2) The bodily injury or property damage
does not arise out of the operation of
any equipment listed In paragraphs
6 b and 6 c of the definition of
mobile equipment
Paragraphs a (2) and a (3) of this exclusion
do not apply if
(1) The pollutants or any property in which
the pollutants are contained are upset
overturned or damaged as a result of
the maintenance or use of a covered
auto, and
(2) The discharge dispersal, release or
escape of the pollutants is caused
directly by such upset overturn or
damage
b Any loss, cost or expense arising out of any
governmental direction or request that you
test for, monitor, clean up, remove con
tain, treat, detoxify or neutralize
pollutants
Pollutants means any solid liquid, gaseous or
thermal irritant or contaminant including
smoke, vapor, soot, fumes, acids alkalis,
chemicals and waste Waste Includes materials
to be recycled, reconditioned or reclaimed
12 WAR
Bodily injury or property damage due to war
whether or not declared or any act or condition
incident to war War includes civil war
Insurrection rebellion or revolution Thi
exclusion applies only to liability assumed
under a contract or agreement
Sep 14 89 15 00 No 004 P 14/1£
LIMIT OF INSUF#-E
If separate limits of insurance for bodily injury and
property damage liaoility are shown in the
Declarations for this coverage regardless of the
number of covered autos, insureds, premiums paid
claims made or vehicles involved in the accident
the limit of Insurance is as follows
1 The most we will pay for all damages resulting
from bodily injury to any one person caused by
any one accidents the limit of Bodily Injury Lia
bility shown in the Declarations for each person
2 Subject to the limit for each person the moat we
will pay for all damages resulting from bodily
injury caused by anyone accident is the limit of
Bodily Injury Liability shown in the Schedule or
in the Declarations for each accident
3 The most we will pay for all damages resulting
from property damage caused by any one
accident is the limit of Property Damage
Liability shown in the Schedule or in the
Declarations
if the limitof insurance shown in the Declarations for
this coverage is for combined bodily injury and
propertydamage liability regardlessof the number of
covered autos, insureds, premiums paid clairns
made or vehicles involved in the accident, the most
we will pay for all damages resulting from any one
accident is the Limit of Insurance for Liability
Coverage shown in the Declarations
All bodily injury and property damage resulting from
continuous or repeated exposu re to substantially the
same conditionswill be considered as resulting from
one accident
SECTION III-PHYSICAL DAMAGE
A COVERAGE
1 We will pay for loss to a covered auto or its
equipment under
a Comprehensive Coverage From any cause
except
(1) The covered auto's collision with
another object, or
(2) The covered auto's overturn
b Specified Causes of Loss Coverage Caused
by
(1) Fire lightning or explosion,
(2) Theft
(3) Windstorm, hail or earthquake
(4) Flood,
(S) Mischief or vandalism or
(6) The sinking, burning, collision or
derailment of any conveyance
transporting the covered auto
collision Coverage
(1) The covered
another object,
Caused by
auto's collision with
or
EMPLOYERS/SHERMRN TEL 214-892-6593
(2) 1 he cc% A t 's overturn
2 Towing
We will pay up to the limit shown in the
Declarations for towing and labor costs incurred
each time a covered auto of the private
passenger type is disabled However, the labor
must be performed at the place of disablement
3 Glass Breakage-Hitting a Bird or Animal-
Falling Objects or Missiles
We will pay for glass breakage, lass caused by
hitting a bird or animal or by failing objects or
missiles under Comprehensive Coverage if you
carry Comprehensive Coverage for the damaged
covered auto However you have the option of
having glass breakage caused by a covered
auto's collision or overturn or if loss is caused
by contact with a bird or animal you may elect
to have it considered a loss caused by collision
4 Coverage Extension We will also pay up to
$20 per day to a maximum of $600 for
transportation expense incurred by you because
of the total theft of a covered auto of the private
passenger type We will pay only for those
covered autos for which you carry either
Comprehensive or Specified Causes of Loss or
Theft Coverage We will pay for transportation
expenses incurred during the period beginning
46 hours after the theft and ending regardless
of the policy's expiration, when the covered
auto Is returned to use or we pay for its loss
8 EXCLUSIONS
1 We will not pay for loss caused by or resulting
from any of the following Such loss is excluded
regardless of any other cause or event that
contributes concurrently or in any sequence to
the loss
a Nuclear Hazard
(1) The explosion of any weapon
employing atomic fission or fusion, or
(2) Nuclear reaction or radiation, or radio
active contamination however caused
b War or Military Action
(1) War Including undeclared or civil war
(2) Warlike action by a military force
including action In hindering or
defending against an actual or
expected attack, by any government
sovereign or other authority using
military personnel or other agents, or
(3) Insurrection rebellion revolution,
usurped power or action taken by
governmental authority In hindering or
defending against any of these
2 Other Exclusions
a We will not pay for loss to any of the
following
(1) Tape decks or other sound reproducing 5
Sep 14,89 15 00 No 004 P 15/1
..luipment unless permanently in
stalled in a covered auto
(2) Tapes, records or other sound repro
ducing devices designed for use with
sound reproducing equipment
(3) Sound receiving equipment designed
for use as a citizens band radio, two
way mobile radio or telephone or scan
ning monitor receiver, including is
antennas and other accessories, unless
permanently installed in the dash or
console opening normally used by the
auto manufacturer for the installment
of a radio
(4) Loss to any custom furnishings or
equipment in or upon any pickup panel
truck, van or motorhome
Custom furnishings or equipment
include but are not limited to
b) special carpeting and insulation,
furniture, bars or television
receivers,
(u) facilities for cooking and sleeping,
(m) height extending roofs or
(iv) custom murals, paintings or other
decals or graphics
This exclusion does not apply if the
value of the custom furnishings or
equipment has been reported to us prior
to a loss and included in the premium
for this coverage
(S) When in or upon any motorhome or
trailer, loss to
(t) TV antennas,
G4 awnings or cabanas, or
(iii) equipment designed to create
additional living facilities
(6) Loss to any device or instrument used
for detection of radar or other speed
measuring equipment
b We will not pay for loss caused by or
resulting from any of the following unless
caused by other loss that is covered by this
insurance
(1) Wear and tear, freezing, mechanical or
electrical breakdown
(2) Blowouts punctures or other road
damage to tires
C LIMIT OF INSURANCE
The most we will pay for loss in any one accident is
the smallest of the following amounts
1 The amount stated in the Declarations of the
policy
EMPLOYERS/SHERMRN TEL 214-892-6593
2 The actual cash value to the imaged or stolen
property at the time of the loss
3 The cost of repairing or replacing the damaged
or stolen property with other of like kind or
quality
0 DEDUCTIBLE
For each covered auto our obligation to pay for
repair return or replace damaged or stolen property
will be reduced by the applicable deductible shown
in the Declarations
SECTION IV- BUSINESS AUTO CONDITIONS
'he following conditions apply in addition to the Corn
men Policy Conditions
A LOSS CONDITIONS
1 APPRAISAL FOR PHYSICAL DAMAGE LOSS
If you and we disagree on the amount of loss
either may demand an appraisal of the loss In
this event each party will select a competent
appraiser The two appraisers will select a com
petent and impartial umpire The appraisers
will state separately the actual cash value and
amount of loss If they fail to agree they will
submit their differences to the umpire A deci
son agreed to by any two will be binding Each
party will
a Pay its chosen appraiser and
b Bear the other expenses of the appraisal
and umpire equally
If we submit to an appraisal we will still rete n
our right to deny the claim
2 DUTIES IN THE EVENT OF ACCIDENT, CLAIM,
SUIT OR LOSS
Sep 14,89 15 00 No 004 P 16/1E
(2) Imml~ ltely send us copies of any de
mend notice summons or legal paper
received concerning the claim or suit
(3) Cooperate with us in the investigation
settlement or defense of the claim or
suit
(4) Authorize us to obtain medical records
or other pertinent information
(S) Submit to examination, at our expense,
by physicians of our choice as often as
we reasonably require
C If there is loss to a covered auto or it
equipment you must also do the following
(1) Promptly notify the police if th,
covered auto or any of its equipment ,
stolen
(2) Take all reasonable steps to protect thp
covered auto from further damage
Also keep a record of your expenses 'or
consideration in the settlement of the
claim
(3) Permit us to inspect the covered auto
and records Droving the loss before its
repair or disposition
(4) Agree to examinations under oath at
our request and give us a signed
statement of your answers
d When required by us
(1) Submit a sworn proof of loss
(2) Submit to examinat on under oath
' LEGAL ACTION AGAINST US
No one may bring a legal action against us
under this Coverage Form until
a There has been full compliance wdh all the
terms of this Coverage Form and
a In the event of acelden , claim suitor loss
b Under Liability Coverage we agree in
you must give us or our authorized
writing that the Insured has an obligation to
rPpresentatlve prompt notice of the acct
pay or until the amount of that obligation
dent or loss Include
has finally been determined by judgment
(1) How when and where the accident or
after trial No one has the right under this
loss occurred
policy to bring us into an art nn to
(2) The Insureds name and address and
deternlne the Insured's liability
(3) To the Potent possible the names and
g LOSS PAYMENT-PHYSICAL DAMAGE
addresses of any irlured persons and
witnesses
COVERAGES
If we show that ydur failure to provide
At our option we may
notice pre)udi~ee our defense there is no
a Pay for repair or replace damaged or stolen
liability coverage under the policy
property
b Additionally you and any other involved
b Return the stolen property at our expense
insured must
We will pay for any damage that results to
(1) Assume no obligation make no pay
the auto from the theft or
ment or incur no expense without our
c Take all or any part of the damaged or
consent except at the Insured's owr
stolen property of an agreed or appraised
cost
value
6
RS/SHERMAN TEL 214-892-6593 Sep 4,89 1
S TRANSFER OF RI OF RECOVERY
AGAINST OTHERS TO
If any person or organization to or for whom we
make payment under this Coverage Form has
rights to recover damages from another, those
rights are transferred to us That person or
organization must do everything necessary to
secure our rights and must do nothing after
accident or loss to impair them
Wh&his Coverage Form and any other
Coverage Form or policy covers on the same
basis either excess or primary, we will pay
only our share Our share is the proportion
that the Limit of Insurance of our Coverage
Form bears to the total of the limits of oil
the Coverage Forms and policies covering
on the same basis
6 PREMIUM AUDIT
B GENERAL CONDITIONS
1 BANKRUPTCY
Bankruptcy or Insolvency of the Insured or the
insured's estate will not relleve us of any
obligations under this Coverage Form
CONCEALMENT, MISREPRESENTATION OR
FRAUD
This Coverage Form Is void in any case of fraud
by you relating to it It is also void if you
intentionally conceal or misrepresent a material
fact concerning
a This Coverage Form,
b The covered auto,
c Your Interest In the covered auto
8 LIBERALIZATION
If we revise this Coverage Form to provide more
coverage without additional premium charge
your policy will automatically provide the
additional coverage as of the day the revision is
effective In your state
4 NO BENEFIT TO BAILEE-PHYSICAL
DAMAGE COVERAGES
We will not recognize any assignment or grant
any coverage for the benefit of any person or
organization holding, storing or transporting
property for a fee regardless of any other
provision of this Coverage Form
OTHERINSURANCE
a For any covered auto you own this Coverage
Form provides primary Insurance For any
covered auto you don't own, the insurance
provided by this Coverage Form is excess
over any other collectible insurance
However, while a covered auto which Is a
trailer is connected to another vehicle, the
Liability Coverage this Coverage Form
provides for the trailer is
(1) Excess while It is connected to a motor
vehicle you do not own
(2) Primary while it is connected to a
covered auto you own
b Regardless of the provisions of paragraph
a above, this Coverage Forms Liability
Coverage is primary for any liability
assumed under an insured contract
a The estimated premium for this Coverage
Form is based on the exposures you told us
you would have when this policy began We
will compute the final premium due when
we determine your actual exposures The
estimated total premium will be credited
against the final premium due and the first
Named Insured will be billed for the
balance, it any If the estimated total
premium exceeds the final premium due
the first Named Insured will get a refund
b If this policy is Issued for more than one
year, the premium for this Coverage Form
will be computed annually based on our
rates or premiums in effect at the beginning
of each year of the policy
7 POLICY PERIOD, COVERAGE TERRITORY
Under this Coverage Form, we cover accidents
and losses occurring
a During the policy period shown in the
Declarations, and
b Within the coverage territory
The coverage territory is
a The United States of America,
b The territories and possessions of the
United States of America
c Puerto Rico and
d Canada
We also cover loss to, or accidents involving, a
covered auto while being transported between
any of these places
8 TWO OR MORE COVERAGE FORMS OR
POLICIES ISSUED BY US
If this Coverage Form and any other Coverage
Form or policy issued to you by us or any
company affiliated with us apply to the same
accident the aggregate maximum Limit of
Insurance under all the Coverage Forms or
policies shall not exceed the highest applicable
Limit of Insurance under any one Coverage Form
or policy This condition does not apply to any
Coverage Form or policy issued by us or an
affiliated company specifically to apply as
excess insurance over this Coverage Form
7/
EMPLU1tkb/SHtkiIHN IEL G14-SyG-b5y5 bep 14,b7 ID VU vu uuv r io 1
SECTION V-DEFINITIONS
A Accident includes continuous or repeated exposure
to the same conditions resulting in bodily Injury or
property damage
1
2
3
Bulldozers f4 'Imachinery, forklifts and other
vehicles designed for use principally off public
roads,
Vehicles maintained for use solely on or next to
premises you own or rent,
Vehicles that travel on crawler treads
B Auto means a land motor vehicle, trailer or
semitrailer designed for travel on public roads but
does not include mobile equipment
C Bodily Injury means bodily injury, sickness or
disease sustained by a person including death
resulting from any of these
D Insured means any person or organization
qualifying as an Insured In the Who Is An Insured
provision of the applicable coverage Except with
respect to the Limit of Insurance the coverage
afforded applies separately to each insured who is
seeking coverage or against whom a claim or suit is
brought
E Insured contract means
1 A lease of premises,
2 A sidetrack agreement,
3 An easement or license agreement in con
nection with vehicle or pedestrian private
railroad crossings at grade,
4 Any other easement agreement except in
connection with construction or demolition
operations on or within 50 feet of a railroad
5 An indemnification of a municipality as
required by ordinance, except in connection
with work for a municipality or
6 That part of any other contract or agreement
pertaining to your business under which you
assume the tort liability of another to pay
damages because of bodily Injury or property
damage to a third person or organization, if the
contract or agreement is made prior to the
bodily Injury or property damage Tort liability
means a liability that would be imposed by law
in the absence of any contract or agreement
An insured contract does not include that part of
any contract or agreement
1 That pertains to the loan lease or rental of an
auto to you, or
2 That holds a person or organization engaged in
the business of transporting property by auto
for hire harmless for your use of a covered auto
over a route or territory that person or
organization is authorized to serve by public
authority
F Loss means direct and accidental loss or damage
G Mobile equipment means any of the following types
of land vehicles including any attached machinery
or equipment
4 Vehicles whether self propelled or not
maintained primarily to provide mobility to
permanently mounted
a Power cranes, shovels loaders diggers or
drills, or
to Road construction or resurfacing equip
ment such as graders scrapers or rollers
5 Vehicles not described In paragraphs 1, 2, 3, or
4 above that are not self propelled and are
maintained primarily to provide mobility to
permanently attached equipment of the
foilowing types
a Air compressors pumps and generators
including spraying welding, building
cleaning, geophysical exploration, fighting
and well servicing equipment or
b Cherry pickers and similar devices used to
raise or lower workers
6 Vehicles not described in paragraphs 1, 2, 3, or
4 above maintained primarily for purposes
other than the transportation of persons or
cargo However, self propelled vehicles with
the following types of permanently attached
equipment are not mobile equipment but will
be considered autos
a Equipment designed primarily for
(1) Snow removal
(2) Road maintenance but not con
struction or resurfacing or
(3) Street cleaning,
b Cherry pickers and smilar devices mounted
on automobile or truck chassis and used to
raise or tower workers, and
c Air compressors pumps and generators,
including spraying welding building
cleaning geophysical exploration, lighting
or well servicing equipment
H Property damage means damage to or loss of use of
tangible property
I Suit means a civil proceeding in which damages
because of bodily Injury or property damages to
which this insurance applies are alleged Suit
includes an arbitration proceeding alleging such
damages to which you must submit or submit with
our consent
J Trailer includes semitrailer
g
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