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HomeMy WebLinkAboutM_COI_20250620_v3SHOULD 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 6/2/2025 Parker,Smith &Feek Insurance,LLC10400NE4thStreet,Suite 900BellevueWA98004 425-709-3600 425-709-7460 kylene.hendren@imacorp.com License#:PC-1719201 The Cincinnati Insurance Company 10677 VENTGEN-01 SiriusPoint Specialty Insurance Corporation 16820VentureGeneralContractingLLC15181stAveS#400SeattleWA98134 Travelers Property Casualty Company of America 25674 1304381685 A X 1,000,000 X 200,000 X Ded:$10K BI/PD 15,000 1,000,000 2,000,000 X X Y ENP0683878 6/1/2025 6/1/2027 2,000,000 A 1,000,000 X Y EBA0683878 6/1/2025 6/1/2026 A N ENP0683878 6/1/2025 6/1/2027 X WA Stop Gap 1,000,000 1,000,000 1,000,000 CBB ContractorsEquipmentPollutionLiabilityProfessionalLiability N N QT6609K554366TIL25CPPLD000242300CPPLD000242300 6/1/20256/1/20256/1/2025 6/1/20266/1/20266/1/2026 Leased/Rented EquipClaim/AggregateClaim/Aggregate 1,500,000 Per Item$5M/$5M$5M/$5M City of Renton -C22005747 Sounders FC at Longacres V2. are included as Additional Insured on the General Liability,Auto Liability and Pollution Liability Policies,if required by written contract or agreement,subject tothepolicytermsandconditions.This Insurance is Primary &Non-Contributory on the General Liability,Auto Liability and Pollution Liability Policies,if requiredbywrittencontractoragreement,subject to the policy terms and conditions.General Liability Coverage include 30 day notice of cancellation,subject to thepolicytermsandconditions. City of Renton1055SouthGrady WayRentonWA98057 (2) Take all reasonable steps to pro- tect the covered "auto" from fur- ther damage. Also keep a record of your expenses for considera- tion in the settlement of the claim. (3) Permit us to inspect the covered "auto" and records proving the loss" before its repair or disposi- tion. (4) Agree to examinations under oath at our request and give us a signed statement of your an- swers. 3. LegalAction Against Us No one may bring a legal action against us under this Coverage Form until: a. There has been full compliance with all the terms of this Coverage Form; and b. Under Liability Coverage, we agree in writing that the "insured" has an obligatlon to pay or until the amount of that obligation has finally been de- termined by judgment after trial. No one has the right under this policy to bring us into an action to determine the "insured's" liability. 4. Loss Payment - Physical Damage Cov- erages At our option we may: a. Pay frr, repair or replace damaged or stolen property; b. Return the stolen property, at our ex- pense. We will pay for any damage that results to the "auto" from the theft;or c. Take all or any part of the damaged or stolen property at an agreed or appraised value. lf we pay for the "loss", our payment will include the applicable sales tax for the damaged or stolen property. 5. Transfer of Rights of Recovery Against Others to Us lf any person or organization to or for whom we make payment under this Cov- erage Form has rights to recover dam- ages from another, those rights are trans- ferred to us. That person or organization must do everything ne€ssary to secure our rights and must do nothing after "ac- cident" or "loss" to impair them. B. GeneralConditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any obligations under this Coverage Form. 2. Concealment, Misrcpresentation or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. lt is also void if you or any other "insured", at any time, inten- tionally conceal or misrepresent a mate- rial fact concerning: a. This Coverage Form; b. The covered "auto"; c, Your interest in the covered "auto"; or d. A claim under this Coverage Form. 3. Liberalization lf within 60 days prior to the beginning of this Coverage Part or during the policy period, we make any changes to any forms or endorsements of this Coverage Part for which there is currently no sepa- rate premium charge, and that change provides more @verage than this Cover- age Part, the change will automatically apply to this Coverage Part as of the lat- ter of: a. The date we implemented the change in your state; or b. The date this Coverage Part became effective, and will be considered as included until the end of the current policy period. We will make no additional premium charge for this additional coverage during the in- terim. 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 proVsion of this Coverage Form. 5. Other lnsurance a. For any covered "auto" you own, this Coverage Form provides primary in- surance. For any covered "auto" you don't own, the insurance provided by this Coverage Form is excess over any other collectible insurance. How- ever, while a covered "auto" which is lncludes copyrighted material of lnsurance Services Office, lnc., with its permission.AA 101 03 06 Page 9 of 14 a 'traile/' is connected to another ve- hicle, the Liability Coverage this Coverage Form provides for the 'trailer" is: (1) Excess while it is conneded to a motor vehicle you do not own. (2) Primary while it is connected to a covered "auto" you own. b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemedto be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". c. Regardless of the proMsions of Paragraph a. above, this Coverage Form's Liability Coverage is primary for any liability assumed under an "insured contract". d. When this Coverage Form and any other Coverage Form or policy cov- ers on the same basis, either excessor primary, we will pay only our share. Our share is the proportion that the Limit of lnsurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. 6. Premium Audit a. The estimated premium for this Cov- erage Form is based on the e>po- sures you told us you would have when this policy began. We will com- pute 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 lnsured will be billed for the balance, if any. The due date for the final premium or ret- rospective premium is the date shown as the due date on the bill. lf the estimated total premium exceedsthe final premium due, the first Named lnsured will get a refund. b. lf this policy is issued for more than one year, the premium for this Cov- erage Form will be computed annu- ally 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 "ac- cidents" 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; d. Canada; and e. Anywhere in the world if: (1) A covered "auto" of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and (2) The "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico, or Canada or in a settlement we agree to. We also cover "loss" to, or "accidents' in- volving, a covered "auto" while being transported between any of these places. 8. Two or More Coverage Forms or Poli- cies lssued by Us lf this Coverage Form and any other Cov- erage Form or policy issued to you by us or any company affiliated with us apply to the same "accident", the aggregate maxi- mum Limit of lnsurance under all the Coverage Forms or policies shall not ex- ceed the highest applicable Limit of ln- surance 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 Cov- erage Form. lncludes mpyrighted material of lnsurance SeMces Office, lnc., with its permission.AA 101 03 06 Page 10 of 14 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BROAD FORM CONTRACTORS ADDITIONAL INSURED AUTOMATIC STATUS AND AUTOMATIC WAIVER OF SUBROGATION WHEN REQUIRED IN WRITTEN CONTRACT, AGREEMENT,PERMIT OR AUTHORIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A.Additional Insured -Owners,Lessees OrContractors-Automatic Status For OtherPartiesWhenRequiredInWrittenContractOrAgreementWithYou 1.Section II -Who Is An Insured is amended to include as an additional in¬ sured any person or organization you have agreed in writing in a contract or agreement to add as an additional in¬ sured on this Coverage Part.Such per- son(s)or organization(s)is an additionalinsuredonlywithrespecttoliabilityfor: a."Bodily injury","property damage"or "personal and advertising injury" caused,in whole or in part,by the performance of your ongoing opera¬tions by you or on your behalf,under that written contract or written agreement.Ongoing operations does not apply to "bodily injury"or "proper¬ ty damage"occurring after: (1)All work,including materials, parts or equipment furnished inconnectionwithsuchwork,on the project (other than service, maintenance or repairs)to be performed by or on behalf of theadditionalinsured(s)at the loca¬ tion of the covered operations has been completed;or (2)That portion of "your work"out of which the injury or damage aris¬ es has been put to its intended use by any person or organiza¬ tion other than another contrac¬ tor or subcontractor engaged in performing operations for a prin¬cipal as a part of the same pro¬ ject;and b."Bodily injury"or "property damage" caused,in whole or in part,by "your work"performed under that written contract or written agreement and in¬ cluded in the "products-completed operations hazard",but only if: (1)The Coverage Part to which this endorsement is attached pro¬ vides coverage for "bodily injury"or "property damage"included within the "products-completed operations hazard";and (2)The written contract or written agreement requires you to pro¬ vide additional insured coverage included within the "products- completed operations hazard"for that person or organization. If the written contract or written agreement requires you to provide additional insured coverage included within the "products-completed oper¬ ations hazard"for a specified length of time for that person or organiza¬ tion,the "bodily injury"or "property damage"must occur prior to the ex¬ piration of that period of time in order for this insurance to apply. If the written contract or written agreement requires you to provide additional insured coverage for a person or organization per only ISO additional insured endorsement form number CG 20 10,without specifying an edition date,and without specifi¬ cally requiring additional insured coverage included within the “prod¬ucts-completed operations hazard”, this Paragraph b.does not apply to that person or organization. 2.If the written contract or written agree¬ ment described in Paragraph 1.above specifically requires you to provide addi¬ tional insured coverage to that person or organization: a.Arising out of your ongoing opera¬ tions or arising out of "your work";or b.By way of an edition of an ISO addi¬ tional insured endorsement that in¬ cludes arising out of your ongoing GA 4523 05 20 Includes copyrighted material of Insurance Services Office,Inc.,with its permission.Page 1 of 3 operations or arising out of "your work"; then the phrase caused,in whole or in part,by in Paragraph Al.a.and/or Para¬ graph A1.b.above,whichever applies,is replaced by the phrase arising out of. 3.With respect to the insurance afforded to the additional insureds described in Para¬ graph Al.,the following additional exclu¬ sion applies: This insurance does not apply to "bodily injury","property damage"or "personal and advertising injury"arising out of the rendering of,or the failure to render,any professional architectural,engineering or surveying services,including: a.The preparing,approving or failing to prepare or approve,maps,shop drawings,opinions,reports,surveys, field orders,change orders or draw¬ ings and specifications;or b.Supervisory,inspection,architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision,hir¬ ing,employment,training or monitoring of others by that insured,if the "occurrence" which caused the "bodily injury"or "prop¬ erty damage",or the offense which caused the "personal and advertising inju¬ ry",involved the rendering of,or the fail¬ ure to render,any professional architec¬ tural,engineering or surveying services. 4.This Paragraph A does not apply to addi¬ tional insureds described in Paragraph B. B.Additional Insured -State Or GovernmentalAgencyOrSubdivisionOrPoliticalSubdi¬vision -Automatic Status When RequiredInWrittenPermitsOrAuthorizations 1.Section II -Who Is An Insured is amended to include as an additional in¬ sured any state or governmental agency or subdivision or political subdivision you have agreed in writing in a permit or au¬ thorization to add as an additional insuredonthisCoveragePart.Such state or gov¬ ernmental agency or subdivision or politi¬ cal subdivision is an additional insured only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivi¬ sion or political subdivision has issued,in writing,a permit or authorization. 2.With respect to the insurance afforded to the additional insureds described in Para¬ graph B.1.,the following additional exclu¬ sions apply: This insurance does not apply to: a."Bodily injury”,"property damage"or "personal and advertising injury"aris¬ ing out of operations performed for the federal government,state or mu¬ nicipality;or b."Bodily injury”or "property damage" included within the "produds- completed operations hazard." C.The insurance afforded to additional insureds described in Paragraphs A.and B.: 1.Only applies to the extent permitted by law;and 2.Will not be broader than that which you are required by the written contract,writ¬ ten agreement,written permit or written authorization to provide for such addition¬ al insured;and 3.Does not apply to any person,organiza¬ tion,state,governmental agency or sub¬ division or political subdivision specifically named as an additional insured for the same project in the schedule of an en¬ dorsement added to this Coverage Part. However,Paragraphs C.1.and C.2.above do not apply if the applicable written contract, written agreement,written permit or written authorization requires an edition of an ISO additional insured endorsement that does not include these provisions. D.With respect to the insurance afforded to the additional insureds described in ParagraphsA.and B.,the following is added to Section III-Limits Of Insurance: 1.The most we will pay on behalf of the ad¬ ditional insured is the amount of insur¬ ance: a.Required by the written contract,writ¬ ten agreement,written permit or writ¬ ten authorization described in Para¬ graphs A and B.For the purpose of determining the required amount of insurance only,we will include the minimum amount of any Umbrella Li¬ ability or Excess Liability coverage required for that additional insured in that written contract,written agree¬ ment,written permit or written author¬ ization;or b.Available under the applicable limits of insurance; whichever is less. GA 4523 05 20 Includes copyrighted material of Insurance Services Office,Inc.,with its permission.Page 2 of 3 However,Paragraph D.1.does not apply if the applicable written contract,written agreement,written permit or written au¬ thorization requires an edition of an ISO additional insured endorsement that does not include these provisions. 2.This endorsement shall not increase the applicable limits of insurance. E.Section IV -Commercial General Liability Conditions is amended to add the following: Automatic Additional Insured Provision This insurance applies only if the "bodily inju¬ ry"or "property damage"occurs,or the "per¬ sonal and advertising injury”offense is com¬ mitted: 1.During the policy period;and 2.Subsequent to your execution of the writ¬ ten contract or written agreement,or the issuance of a written permit or written au¬ thorization,described in Paragraphs A.and B. F.Except when G.below applies,the following is added to Section IV -Commercial General Liability Conditions,Other Insurance,and supersedes any provision to the contrary: When Other Additional Insured CoverageAppliesOnAnExcessBasis This insurance is primary to other insurance available to the additional insured described in Paragraphs A.and B.except: 1.As otherwise provided in Section IV -Commercial General Liability Condi¬ tions,Other Insurance,b.Excess In¬surance;or 2.For any other valid and collectible insur¬ ance available to the additional insured as an additional insured on another insur¬ ance policy that is written on an excess basis.In such case,this insurance is also excess. G.The following is added to Section IV -Com¬ mercial General Liability Conditions,OtherInsurance,and supersedes any provision to the contrary: Primary Insurance When Required By Writ¬ ten Contract,Agreement,Permit Or Au¬thorization Except when wrap-up insurance applies to the claim or "suit"on behalf of the additional in¬ sured,this insurance is primary to any other insurance available to the additional insured described in Paragraphs A.and B.provided that: 1.The additional insured is a Named In¬ sured under such other insurance;and 2.You have agreed in writing in a contract, agreement,permit or authorization de¬ scribed in Paragraph A.or B.that this in¬ surance would be primary to any other in¬ surance available to the additional in¬ sured. As used in this endorsement,wrap-up insur¬ ance means a centralized insurance program under which one party has secured either in¬ surance or self-insurance covering some or all of the contractors or subcontractors perform¬ ing work on one or more specific project(s). Primary And Noncontributory InsuranceWhenRequiredByWrittenContract, Agreement,Permit Or Authorization Except when wrap-up insurance applies to the claim or "suit"on behalf of the additional in¬ sured,this insurance is primary to and will not seek contribution from any other insurance available to the additional insured described in Paragraphs A.and B.provided that: 1.The additional insured is a Named In¬ sured under such other insurance;and 2.You have agreed in writing in a contract, agreement,permit or authorization de¬ scribed in Paragraph A.or B.that this in¬ surance would be primary and would not seek contribution from any other insur¬ ance available to the additional insured. As used in this endorsement,wrap-up insur¬ ance means a centralized insurance program under which one party has secured either in¬ surance or self-insurance covering some or all of the contractors or subcontractors perform¬ ing work on one or more specific project(s). H.Section IV -Commercial General LiabilityConditions,Transfer Of Rights Of Recov¬ ery Against Others To Us is amended by the addition of the following: Waiver of Subrogation We waive any right of recovery against any additional insured under this endorsement, because of any payment we make under this endorsement,to whom the insured haswaiveditsrightofrecoveryinawrittencon¬ tract,written agreement,written permit or writ¬ ten authorization.Such waiver by us applies only to the extent that the insured has waived its right of recovery against such additional in¬ sured prior to loss. GA 4523 05 20 Includes copyrighted material of Insurance Services Office,Inc.,with its permission.Page 3 of 3 CLAIM is made. Except as otherwise provided herein, misrepresentation, concealment, breach of a term or condition, or violation of any duty under this Policy by one (1) INSURED does not, by itself, affect coverage for another INSURED under this Policy. Provided, however, this Condition does not apply to any entity who is a parent, subsidiary, affiliate, director, officer, partner, member or employee of the INSURED that misrepresented, concealed or breached a term or condition, or violated a duty under this Policy. R. SUBCONTRACTOR’S INSURANCE – The FIRST NAMED INSURED or ADDITIONAL NAMED INSURED must not agree to any limitation of liability from a SUBCONTRACTOR with the exception of insurance proceeds without the prior written consent of the Company. S. SUBROGATION - In the event of payment under this Policy, the Company will be subrogated to all of the INSURED’s rights of recovery. The INSURED must do whatever is necessary to secure such rights and must not do anything intentional to prejudice such rights. The Company has priority in any recovery. Any monies recovered as a result of subrogation proceedings accrue first to the Company in excess of the Company’s total payment and the costs to the Company of recovery, then to the INSURED. Notwithstanding the foregoing, the Company hereby expressly waives such rights of subrogation against an entity where such rights have been waived, in writing, by the INSURED prior to the applicable CLAIM, POLLUTION CONDITION, INDOOR CONTAMINANT CONDITION, or PROFESSIONAL LOSS. T. TERRITORY - This Policy will only apply to a POLLUTION CONDITION or INDOOR CONTAMINANT CONDITION located, CONTRACTING SERVICES or PROFESSIONAL SERVICES rendered, a CLAIM, POLLUTION PROTECTIVE CLAIM, or DESIGN CLAIM made and at all times solely maintained, and ADA AND FHA EXPENSE, BANKRUPTCY LITIGATION EXPENSE, BUILDING INFORMATION MODELING EXPENSE, DISASTER MANAGEMENT COSTS or SUBPOENA EXPENSE for services performed, within the United States, its territories or possessions, Puerto Rico, or Canada. SECTION VII. DEFINITIONS A. ADA AND FHA EXPENSE means reasonable and necessary fees and expenses incurred by counsel, chosen and retained by the Company, to assist the INSURED with their response to a regulatory or administrative action first brought against the INSURED during the POLICY PERIOD by a government agency under the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et. seq. or the Fair Housing Act, 42 U.S.C. § 3601 et. seq., and alleging an act, error, or omission with respect to the rendering of or failure to render PROFESSIONAL SERVICES on or after the Retroactive Date stated in Item 9. of the Declarations and before the end of the POLICY PERIOD. B. ADDITIONAL INSURED means: 1. any person or entity identified as an ADDITIONAL INSURED in an endorsement attached to this Policy; and 2. solely with regard to Coverage A, I and J, when required by a written contract that is signed by the FIRST NAMED INSURED or an ADDITIONAL NAMED INSURED prior to the date the applicable POLLUTION CONDITION or INDOOR CONTAMINANT CONDITION first commences, ADDITIONAL INSURED also includes: a. the client person or entity for whom the INSURED performs CONTRACTING SERVICES pursuant to such written contract; and b. any other person or entity, unrelated to the FIRST NAMED INSURED or any ADDITIONAL NAMED INSURED pursuant to such written contract; The scope and limits of coverage for such person or entity under this Policy will not exceed what is required by the written contract. CPPL 03 02 Ed. (03 22) Page 25 of 36 38 © 2022 SiriusPoint Specialty Insurance Corporation. All Rights Reserved. May not be copied without permission. Coverage is provided solely for the person’s or entity’s liability arising out of the FIRST NAMED INSURED’s or any ADDITIONAL NAMED INSURED’s ownership, maintenance, use, or operation of a COVERED LOCATION, vicarious liability for CONTRACTING SERVICES, or a POLLUTION CONDITION or INDOOR CONTAMINANT CONDITION as applicable. Coverage will only be afforded for such person or entity if that person or entity is named in a lawsuit, petition or regulatory action as a co-defendant with the FIRST NAMED INSURED or any ADDITIONAL NAMED INSURED alleging that it is liable as a result of either the FIRST NAMED INSURED’s or any ADDITIONAL NAMED INSURED’s ownership, maintenance, use, or operation of a COVERED LOCATION, such person’s or entity’s vicarious liability for CONTRACTING SERVICES, or a POLLUTION CONDITION or INDOOR CONTAMINANT CONDITION as applicable. No coverage will be provided under this Policy for an ADDITIONAL INSURED’s own negligence or strict liability. C. ADDITIONAL NAMED INSURED means any person or entity identified as such in an endorsement attached to this Policy. D. APPLICABLE LAWS means: 1. any federal, state, commonwealth, local or provincial laws, including but not limited to statutes, rules, ordinances, guidance documents, regulations and all amendments thereto, including risk based corrective action guidance, governing the liability or responsibilities of the INSURED; or 2. in the absence of any of the items in D.1. above, the recommendations of an ENVIRONMENTAL PROFESSIONAL. E. AUTOMOBILE means a land motor vehicle, trailer, semi-trailer, mobile equipment, or off-road motor vehicle, including any machinery or apparatus attached thereto. F. BANKRUPTCY LITIGATION EXPENSE means reasonable and necessary fees and expenses incurred by bankruptcy counsel retained by the INSURED, as applicable, in the making of a DESIGN CLAIM or POLLUTION PROTECTIVE CLAIM that otherwise qualifies for coverage under this Policy but for the fact the applicable DESIGN ENTITY or SUBCONTRACTOR has filed for or been put into bankruptcy under the United States Bankruptcy Code, provided that the applicable DESIGN CLAIM or POLLUTION PROTECTIVE CLAIM, at least in part, results in an allowed claim or a judgment against that DESIGN ENTITY or SUBCONTRACTOR in the INSURED’s favor, which is final and no longer subject to appeal. G. BODILY INJURY means: 1. physical injury, disease, sickness, or building-related illness sustained by any person, including death resulting therefrom, and any medical or environmental monitoring costs that are intended to confirm any such physical injury, disease, sickness or illness; 2. court-ordered medical monitoring; or 3. mental anguish, emotional distress, or shock. H. BUILDING INFORMATION MODELING EXPENSE means reasonable and necessary additional expense payable to a third party software consulting company unaffiliated with the INSURED that is not otherwise recoverable by the INSURED, provided such expense arises in response to a CLAIM covered under this Policy and from the loss of or damage to information due to the inherent malfunction of software used in connection with any Building Information Modeling system purchased from a third party vendor that was not modified by the INSURED or on the INSURED’s behalf, including but not limited to erroneous calculations or modeling, provided that the malfunction is first discovered after the system has been put to its intended use in the course of actual construction at the JOB SITE, and in any event first discovered during the POLICY PERIOD. CPPL 03 02 Ed. (03 22) Page 26 of 36 39 © 2022 SiriusPoint Specialty Insurance Corporation. All Rights Reserved. May not be copied without permission. 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. C. Gertain Trailerc, Mobile Equipment and Temporary Substitute Autos lf Liability Coverage is proMded by this Cover- age Form, the following types of vehicles are also covered "autos" for Liability Coverage: 1. 'Trailers" with a load capacity of 2,000 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 tem- porary substitute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. SerMcing; d. "Loss"; or e. Destruction, 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 ap- plies, 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 ex-pense" to which this insuranoe applies, caused by an "accident" and resulting fom 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 "acddent". We have the right and duty to defend any "in- sured" against a "suit' asking for such dam- ages or a "covered pollr-rtion cost or e)rpense". However, we have no duty to defend any "in- sured" against a "suit" seeking damages for "bodily injury" or "property damage" or a "cov- ered pollution cost or e4cense" 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 Liability Coverage Limit of lnsurance has been exhausted by payment ofjudgments or settlements. 1. Who is an lnsured 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 cov- ered "auto". This exception does SECTION II - LIABILITY COVERAGE lncludes mpyrighted material of lnsurance Services Office, lnc., with its permission. not apply if the covered "auto" isa "traile/' connected to a cov- ered "auto" you own. (2) Your "employee" if the covered "auto" is owned by that "em- ployee" 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 "em- ployees", 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 partner- ship), 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 etent of that liability. 2. Coverage Extensions a. SupplementaryPayments We will pay for the "insured": (1) All expenses we incur. (2) Up to $2,000 for the cost of bail bonds (including bonds for re- lated traffic law violations) re- quired because of an "accident" AA 101 03 06 Page2of 14 N. OTHER INSURANCE - This insurance applies in excess of: 1. any applicable Self-Insured Retention or DEDUCTIBLE PERIOD; and 2. the applicable limits of any other valid and collectible insurance available to the INSURED, whether such insurance was issued to the INSURED or another entity, and whether such other insurance is stated to be primary, pro rata, contributory, excess, contingent, or on any other basis, unless such other insurance is specifically written as providing excess Limits of Liability above those provided under this Policy; and 3. with regards to Coverage C, valid and collectible SUBCONTRACTOR’S INSURANCE whether such insurance is stated to be primary, pro rata, contributory, excess, contingent, or on any other basis; and 4. with regards to Coverage F, valid and collectible DESIGN ENTITY’S INSURANCE whether such insurance is stated to be primary, pro rata, contributory, excess, contingent, or on any other basis. The Company will only pay its share of any coverage afforded under this Policy that exceeds the total amount of such other insurance. However, solely with regard to an ADDITIONAL INSURED pursuant to SECTION VII.B.2. and Coverages A, I and J, when required by written contract that is signed by the FIRST NAMED INSURED or an ADDITIONAL NAMED INSURED prior to the date the applicable POLLUTION CONDITION or INDOOR CONTAMINANT CONDITION first commences, this insurance applies in excess of any applicable Self-Insured Retention, and primary to, and non- contributory with, any other insurance available to that ADDITIONAL INSURED. The scope and limits of coverage under this Policy will not exceed what is required by the written contract. Upon request of the Company, the INSURED must promptly provide the Company with copies of all such other insurance policies. O. REPRESENTATIONS - By accepting this Policy, the INSURED agrees that the statements contained in the application and any supplemental materials and other information furnished in connection therewith, or in connection with any amendments to the Policy, are the INSURED's representations, that they are deemed material, that this Policy is issued in reliance upon the truth of such representations, and that this Policy embodies all agreements existing between the INSURED and the Company relating to this insurance. This entire Policy is void if, whether before or after coverage is afforded under this Policy, the INSURED has willfully concealed or misrepresented any fact or circumstance material to the granting of coverage under this Policy, or the terms of or premium for such coverage. As a courtesy to the INSURED, the Company, in its sole discretion, may accept an application that the INSURED completed for another insurance carrier in lieu of completing the Company’s application. In that event, the INSURED understands and acknowledges that, by accepting this Policy, the Company has relied upon the INSURED’s truth and correctness of such statements, representations and information contained within that application, including any warranty statement, as if made to the Company on the same date. P. SANCTION LIMITATIONS - The Company will not provide any coverage hereunder to the extent that the provision of such coverage would expose the Company to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union or the United States of America, including but not limited to sanctions, laws and regulations administered and enforced by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”). Q. SEPARATION OF INSUREDS - Except with regard to the Limits of Liability, Self-Insured Retention, exclusions or limitations that refer to “any” INSURED, and any rights and duties assigned to the FIRST NAMED INSURED, this Policy applies as if each INSURED were the only INSURED, and separately to each INSURED against whom a CPPL 03 02 Ed. (03 22) Page 24 of 36 37 © 2022 SiriusPoint Specialty Insurance Corporation. All Rights Reserved. May not be copied without permission.