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HomeMy WebLinkAboutDonovan Brothers Inc_City of Renton_COISHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 6/5/2025 Parker Smith &Feek Insurance LLC10400NE4thStreet,Suite 900BellevueWA98004 425-709-3600 laurin.williams@imacorp.com License#:PC-1719201 American Zurich Insurance Company 40142 DONOBRO-01 American Guarantee and Liability Insurance 26247DonovanBrothersIncP.O.Box 818AuburnWA98071 1655261822 A X 1,000,000 X 300,000 15,000 1,000,000 2,000,000 X X Y Y GLO686001502 6/1/2025 6/1/2026 2,000,000 A 1,000,000 X Y Y BAP686001402 6/1/2025 6/1/2026 B X 5,000,000 X Y SXS686001602 6/1/2025Y 6/1/2026 5,000,000 A GLO686001502 6/1/2025 6/1/2026 X WA Stop Gap 1,000,000 1,000,000 1,000,000 Project No.:24015;Project Name:New Life Church Renton Office;Project Location:15711 152nd Ave.S.E.Renton,WA 98058. City of Renton and all other parties required by the contract are included as Additional Insured on the General Liability,Auto Liability and Excess LiabilityPolicies,if required by written contract or agreement,subject to the policy terms and conditions.This Insurance is Primary &Non-Contributory on the GeneralLiability,Auto Liability and Excess Liability Policies,if required by written contract or agreement,subject to the policy terms and conditions.A Waiver ofSubrogationisprovidedinfavoroftheontheGeneralLiability,Auto Liability,Excess Liability Policies,if required by written contract or agreement,subject tothepolicytermsandconditions. City of Renton1715MapleValley HwyRenton,WA 98057 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Additional Insured – Automatic – Owners, Lessees Or Contractors This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A.Section II – Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured under a written contract or written agreement executed by you, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" and subject to the following: 1.If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a.The Insurance Services Office (ISO) ISO CG 20 10 (10/01 edition); or b.The ISO CG 20 37 (10/01 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" arises out of: (1)Your ongoing operations, with respect to Paragraph 1.a. above; or (2)"Your work", with respect to Paragraph 1.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 1., insurance afforded to such additional insured: (a) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (b) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 2.If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a.The Insurance Services Office (ISO) ISO CG 20 10 (07/04 edition); or b.The ISO CG 20 37 (07/04 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part, by: (1)Your acts or omissions; or (2)The acts or omissions of those acting on your behalf, U-GL-2162-A CW (02/19) Page 1 of 4Includes copyrighted material of Insurance Services Office, Inc., with its permission. in the performance of: (a)Your ongoing operations, with respect to Paragraph 2.a. above; or (b)"Your work"and included in the "products-completed operations hazard",with respect to Paragraph2.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 2., insurance afforded to such additional insured: (i)Only applies if the "bodily injury","property damage"or "personal and advertising injury"offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (ii)Does not apply to "bodily injury"or "property damage"caused by "your work"and included within the "products-completed operations hazard"unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 3.If neither Paragraph 1.nor Paragraph 2.above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a.Under the ISO CG 20 10 (04/13 edition, any subsequent edition or if no edition date is specified); or b.With respect to ongoing operations (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury","property damage" or "personal and advertising injury" is caused, in whole or in part by: (1)Your acts or omissions; or (2)The acts or omissions of those acting on your behalf, in the performance of your ongoing operations,which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 3., insurance afforded to such additional insured: (a)Only applies to the extent permitted by law; (b)Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; and (c)Only applies if the "bodily injury","property damage"or "personal and advertising injury"offense occurs during the policy period and subsequent to your execution of the written contract or written agreement. 4.If neither Paragraph 1.nor Paragraph 2.above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a.Under the ISO CG 20 37 (04/13 edition, any subsequent edition or if no edition date is specified); or b.With respect to the "products-completed operations hazard" (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury"or "property damage"is caused,in whole or in part by "your work"and included in the "products-completed operations hazard", which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 4., insurance afforded to such additional insured: (1)Only applies to the extent permitted by law; (2)Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; (3)Only applies if the "bodily injury"or "property damage"occurs during the policy period and subsequent to your execution of the written contract or written agreement; and U-GL-2162-A CW (02/19) Page 2 of 4Includes copyrighted material of Insurance Services Office, Inc., with its permission. (4)Does not apply to "bodily injury"or "property damage"caused by "your work"and included within the "products-completed operations hazard"unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. B.Solely with respect to the insurance afforded to any additional insured referenced in Section A.of this endorsement, the following additional exclusion applies: This insurance does not apply to "bodily injury","property damage"or "personal and advertising injury"arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: 1.The preparing,approving or failing to prepare or approve maps,shop drawings,opinions,reports,surveys,field orders, change orders or drawings and specifications; or 2.Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision,hiring,employment,training or monitoring of others by that insured,if the "occurrence"which caused the "bodily injury"or "property damage",or the offense which caused the "personal and advertising injury",involved the rendering of or the failure to render any professional architectural, engineering or surveying services. C.Solely with respect to the coverage provided by this endorsement,the following is added to Paragraph 2.Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV – Commercial General Liability Conditions: The additional insured must see to it that: (1)We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; (2)We receive written notice of a claim or "suit" as soon as practicable; and (3)A request for defense and indemnity of the claim or "suit"will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity.This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D.Solely with respect to the coverage provided by this endorsement: 1.The following is added to the Other Insurance Condition of Section IV –Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a.The additional insured is a Named Insured under such other insurance; and b.You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2.The following paragraph is added to Paragraph 4.b.of the Other Insurance Condition under Section IV – Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance,whether primary,excess,contingent or on any other basis,available to an additional insured,in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence",offense,claim or "suit".This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. E.This endorsement does not apply to an additional insured which has been added to this Coverage Part by an endorsement showing the additional insured in a Schedule of additional insureds,and which endorsement applies specifically to that identified additional insured. U-GL-2162-A CW (02/19) Page 3 of 4Includes copyrighted material of Insurance Services Office, Inc., with its permission. F.Solely with respect to the insurance afforded to an additional insured under Paragraph A.3.or Paragraph A.4.of this endorsement, the following is added to Section III – Limits Of Insurance: Additional Insured – Automatic – Owners, Lessees Or Contractors Limit The most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the written contract or written agreement referenced in Section A. of this endorsement; or 2.Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms, conditions, provisions and exclusions of this policy remain the same. U-GL-2162-A CW (02/19) Page 4 of 4Includes copyrighted material of Insurance Services Office, Inc., with its permission. Straight Excess Liability Policy There are provisions in this policy that restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy, the words “you” and “your” refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as such in underlying insurance. The words “we”, “us” and “our” refer to the company providing this insurance. The word "insured(s)" means any person or organization qualifying as such in underlying insurance but only to the extent and within the scope for which such "insured(s)" qualify for coverage in underlying insurance. Words and phrases that are printed in bold-face type are defined in this policy. These definitions are found in SECTION VI. DEFINITIONS of this policy or in the specific policy provision where they appear. In consideration of the payment of the premium and in reliance upon the statements in the Declarations and in accordance with the provisions of this policy, we agree with you to provide coverage as follows: Insuring Agreements SECTION I. COVERAGE A.We will pay on behalf of the insured those damages covered by this insurance in excess of the total Applicable Limits of underlying insurance. This policy includes: 1.The terms and conditions of underlying insurance to the extent such terms and conditions are not inconsistent or do not conflict with the terms and conditions referred to in Paragraph 2. below; and 2.The terms and conditions that apply to this policy. B.Notwithstanding anything to the contrary contained in Paragraph A. above, if underlying insurance does not apply to damages for reasons other than exhaustion of total applicable limits of insurance by payment of loss, then this policy does not apply to such damages. C.The amount we will pay under this policy is limited as described in SECTION II. LIMITS OF INSURANCE. D.We have no obligation under this policy with respect to any settlement made without our consent. E.The insurance afforded under this policy applies to bodily injury or property damage only if prior to the Policy Period, neither you nor any authorized person knew that the bodily injury or property damage had occurred, in whole or in part. If you or any authorized person knew, prior to the Policy Period, that the bodily injury or property damage occurred, then any continuation, change or resumption of such bodily injury or property damage during or after the Policy Period will be deemed to have been known prior to the Policy Period. Bodily injury or property damage which occurs during the Policy Period and was not, prior to the Policy Period, known to have occurred by you or any authorized person includes any continuation, change or resumption of that bodily injury or property damage after the Policy Period; and Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when you or any authorized person: 1.Reports all or any part of, the bodily injury or property damage to us or any other insurer; 2.Receives a written or verbal demand or claim for damages because of the bodily injury or property damage; or 3.Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. Page of U-SXS-100-A CW (09/11) 1 10 I.Transfer of Rights of Recovery Against Others to Us 1.If the insured has rights to recover all or part of any payment we have made under this insurance, those rights are transferred to us. The insured must do nothing after the loss to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. However, if any insured is required to waive their rights of recovery from others by a written contract or agreement executed before a loss, we agree to waive our rights of recovery to the extent required by the written contract or agreement. This waiver of rights will not be construed to be a waiver with respect to any other operations for which the insured has not waived their rights of recovery by contract. 2.Any amount recovered will be apportioned in the inverse order of payment of loss to the extent of actual payment. The expenses of all such recovery proceedings will be apportioned in the ratio of respective recoveries. J.Unintentional Errors and Omissions Any unintentional error or omission in the description of, or failure to describe completely, any premises or operations intended to be covered by this policy, shall not invalidate or affect the coverage for those operations or premises. However, the insured must report such error or omission to the company as soon as practicable after its discovery. K.When Loss is Payable Coverage under this policy will not apply unless and until the insured or the insured’s underlying insurer has paid or is legally obligated to pay the full amount of the total Applicable Limits of underlying insurance. When the amount of loss is determined by an agreed settlement or a final judgment against an insured obtained after an actual trial, we will promptly pay on behalf of the insured the amount of loss covered under the terms of this policy. L.Audit of Books and Records We may audit and examine your books and records as they relate to this policy at any time during the period of this policy and for up to three (3) years after the expiration or termination of this policy. M.Changes Notice to any agent or knowledge possessed by any agent or any other person will not effect a waiver or a change in any part of this policy. This policy can only be changed by a written endorsement that becomes a part of this policy. N.First Named Insured The person or organization first named in Item 1. of the Declarations is responsible for the payment of all premiums. The first Named Insured will act on behalf of all other insureds for the giving and receiving of notice of cancellation or any other notice required under this policy or by statute or regulation, for the receipt and acceptance of this policy and any endorsements forming a part of this policy, and for the receiving of any return premiums that become payable under this policy. O.Inspection We have the right, but are not obligated to inspect the insured’s premises and operations at any time. Our inspections are not safety inspections. They relate only to the insurability of the premises and operations and the premium to be charged. We may provide reports on the conditions we find. We may also recommend changes. While these reports may help reduce losses, we do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. We do not warrant that the premises or operations are safe or healthful, or that they comply with laws, regulations, codes or standards. P.Legal Action Against Us There will be no right of action against us under this insurance unless: 1.You have complied with all the terms of this policy; and 2.The amount you owe has been determined by settlement with our consent or by actual trial and final judgment. This insurance does not give anyone the right to add us as a party in an action against you to determine your liability. Page of U-SXS-100-A CW (09/11) 9 10 POLICY NMBER: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTO CA 20 48 10 13 SCHEDULE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s)or organization(s)who are "insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form.This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE Name Of Person(s) Or Organization(s): Any person or organization to whom or which you are required to provide additional insured status or additional insured status on a primary, non-contributory basis, in a written contract or written agreement executed prior to loss, except where such contract or agreement is prohibited by law. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured"for Covered Autos Liability Coverage,but only to the extent that person or organization qualifies as an "insured"under the Who Is An Insured provision contained in Paragraph A.1.of Section II –Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2.of Section I –Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 Page 1 of 1© Insurance Services Office, Inc., 2011 Named Insured: Donovan Brothers, Inc. Endorsement Effective Date: 4.Renewals or replacements of the policies listed in the Schedule of Underlying Insurance will not be materially changed without our agreement. If you fail to comply with these requirements, we will only be liable to the same extent that we would have been had you fully complied with these requirements. E.Nonrenewal If we decide not to renew this policy, we will mail or deliver to the first Named Insured shown in Item 1. of the Declarations written notice of the nonrenewal not less than thirty (30) days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. F.Notice of Occurrence 1.You must see to it that we are notified as soon as practicable of an occurrence which may result in damages covered by this policy. To the extent possible, notice will include: a.How, when and where the occurrence took place; b.The names and addresses of any injured persons and witnesses; and c.The nature and location of any injury or damage arising out of the occurrence. 2.Knowledge of an occurrence by the agent, servant or employee of yours, shall not in itself constitute knowledge by the insured unless you or any authorized person receives such notice from the agent, servants or employee. 3.If a claim or suit against any insured is reasonably likely to involve this policy, you must notify us in writing as soon as practicable. 4.You and any other involved insured must: a.Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or suit; b.Authorize us to obtain records and other information; c.Cooperate with us in the investigation, settlement or defense of the claim or suit; and d.Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this policy may also apply. 5.The insureds will not, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 6.Your failure to give notice of an occurrence to us shall not invalidate coverage under this policy if the occurrence was inadvertently reported to another insurer. However, you shall report any such occurrence to us as soon as practicable once you become aware of such error. G.Other Insurance If other insurance applies to damages that are also covered by this policy, this policy will apply excess of the other insurance. Nothing herein will be construed to make this policy subject to the terms, conditions and limitations of such other insurance. However, this provision will not apply if the other insurance is written to be excess of this policy. Other insurance includes any type of self-insurance or other mechanism by which an insured arranges for funding of legal liabilities. H.Terms Conformed to Statute The terms of this policy which are in conflict with the statutes, laws, ordinances or regulations in any country, jurisdiction, state or province where this policy is issued are amended to conform to such statutes, laws, ordinances or regulations. If we are prevented by law or statute from paying on behalf of the insured, then we will, where permitted by law or statute, indemnify the insured. Page of U-SXS-100-A CW (09/11) 8 10 (4)Does not apply to "bodily injury"or "property damage"caused by "your work"and included within the "products-completed operations hazard"unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. B.Solely with respect to the insurance afforded to any additional insured referenced in Section A.of this endorsement, the following additional exclusion applies: This insurance does not apply to "bodily injury","property damage"or "personal and advertising injury"arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: 1.The preparing,approving or failing to prepare or approve maps,shop drawings,opinions,reports,surveys,field orders, change orders or drawings and specifications; or 2.Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision,hiring,employment,training or monitoring of others by that insured,if the "occurrence"which caused the "bodily injury"or "property damage",or the offense which caused the "personal and advertising injury",involved the rendering of or the failure to render any professional architectural, engineering or surveying services. C.Solely with respect to the coverage provided by this endorsement,the following is added to Paragraph 2.Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV – Commercial General Liability Conditions: The additional insured must see to it that: (1)We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; (2)We receive written notice of a claim or "suit" as soon as practicable; and (3)A request for defense and indemnity of the claim or "suit"will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity.This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D.Solely with respect to the coverage provided by this endorsement: 1.The following is added to the Other Insurance Condition of Section IV –Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a.The additional insured is a Named Insured under such other insurance; and b.You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2.The following paragraph is added to Paragraph 4.b.of the Other Insurance Condition under Section IV – Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance,whether primary,excess,contingent or on any other basis,available to an additional insured,in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence",offense,claim or "suit".This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. E.This endorsement does not apply to an additional insured which has been added to this Coverage Part by an endorsement showing the additional insured in a Schedule of additional insureds,and which endorsement applies specifically to that identified additional insured. U-GL-2162-A CW (02/19) Page 3 of 4Includes copyrighted material of Insurance Services Office, Inc., with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTO CA 04 43 11 20 WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US (WAIVER OF SUBROGATION) –AUTOMATIC WHEN REQUIRED BY WRITTENCONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. CA 04 43 11 20 © Insurance Services Office, Inc., 2019 Page 1 of 1 The Transfer Of Rights Of Recovery Against OthersToUsConditiondoesnotapplytoanyperson(s)or organization(s)for whom you are required to waive subrogation with respect to the coverage provided under this Coverage Form,but only to the extent that subrogation is waived: A.Under a written contact or agreement with such person(s) or organization(s); and B.Prior to the "accident" or the "loss." Page 2 of 13 © Insurance Services Office, Inc., 2019 CA 00 01 11 20 B.Owned Autos 1.If Symbols 1, 2, 3, 4,5, 6 or 19 are entered next to a coverage in Item Two of the Declarations, then you have coverage for "autos"that you acquire after the policy period begins 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 after the policy period begins 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. 3.An "auto"that is leased or rented to you without a driver,under a written agreement for a continuous period of at least six months that requires you to provide primary insurance covering such "auto",will be considered a covered "auto" you own. C.Certain Trailers, Mobile Equipment And Temporary Substitute Autos If Covered Autos Liability Coverage is provided by this Coverage Form,the following types of vehicles are also covered "autos"for Covered Autos Liability Coverage: 1."Trailers"with a registered Gross Vehicle Weight Rating of 3,000 pounds or less designed primarily for travel on public roads. 2."Mobile equipment"while being carried or towed by a covered "auto". 3.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 e.Destruction. SECTION II – COVERED AUTOS 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 "accident"and resulting from the ownership,maintenance or use of a covered "auto". We will also pay all sums an "insured"legally must pay as a "covered pollution cost or expense" to which this insurance applies,caused by an "accident"and resulting from the ownership, maintenance or use of covered "autos".However, we will only pay for the "covered pollution cost or expense"if there is either "bodily injury"or "property damage"to which this insurance applies that is caused by the same "accident". We have the right and duty to defend any "insured"against a "suit"asking for such damages or a "covered pollution cost or expense". However,we have no duty to defend any "insured"against a "suit"seeking damages for "bodily injury"or "property damage"or a "covered pollution cost or expense"to which this insurance does not apply.We may investigate and settle any claim or "suit"as we consider appropriate. Our duty to defend or settle ends when the Covered Autos 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 permission a covered "auto"you own,hire or borrow except: (1)The owner or anyone else from whom you hire or borrow a covered "auto". 19 Mobile Equipment Subject To Compulsory Or Financial Responsibility Or Other Motor Vehicle Insurance Law Only Only those "autos"that are land vehicles and that would qualify under the definition of "mobile equipment"under this Policy if they were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where they are licensed or principally garaged. This exception does not apply if the covered "auto"is a "trailer"connected to a covered "auto" you own. (2)Your "employee"if the covered "auto"is owned by that "employee"or a member of his or her household. (3)Someone using a covered "auto"while he or she is working in a business of selling, servicing,repairing,parking or storing "autos" unless that business is yours. (4)Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company)or a lessee or borrower or any of their "employees",while moving property to or from a covered "auto". (5)A partner (if you are a partnership)or a member (if you are a limited liability company)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" described above but only to the extent of that liability. 2.Coverage Extensions a.Supplementary Payments We will pay for the "insured": (1)All expenses we incur. (2)Up to $2,000 for cost of bail bonds (including bonds for related traffic law violations)required because of an "accident"we cover.We do not have to furnish these bonds. (3)The cost of bonds to release attachments in any "suit"against the "insured"we defend,but only for bond amounts within our Limit of Insurance. (4)All reasonable expenses incurred by the "insured"at our request,including actual loss of earnings up to $250 a day because of time off from work. (5)All court costs taxed against the "insured" in any "suit"against the "insured"we defend.However,these payments do not include attorneys'fees or attorneys' expenses taxed against the "insured". (6)All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit"against the "insured"we defend,but our duty to pay interest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. These payments will not reduce the 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 Covered Autos Liability Coverage to meet the limits specified by a compulsory or financial responsibility law of the jurisdiction where the covered "auto"is being used.This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or property. (2)Provide the minimum amounts and types of other coverages,such as no-fault,required of out-of-state vehicles by the jurisdiction 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". 2.Contractual Liability assumed under any contract or agreement. But this exclusion does not apply to liability for damages: a.Assumed in a contract or agreement that is an "insured contract",provided the "bodily injury"or "property damage"occurs subsequent to the execution of the contract or agreement; or CA 00 01 11 20 © Insurance Services Office, Inc., 2019 Page 3 of 13