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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 r