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HomeMy WebLinkAbout21-22 COI - City of Renton - RE Wang Short Plat.pdfANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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 THIS CERTIFICATE 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. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 8/2/2022 (425) 489-4500 (425) 485-8489 34118 Watterson Excavating, Inc. 718 Griffin Avenue #90 Enumclaw, WA 98022 15377 A 1,000,000 X X 164GL0031708-02 10/12/2021 10/12/2022 100,000 5,000 1,000,000 2,000,000 2,000,000 WA STOP GAP 1,000,000 1,000,000B X X CPP 1220313 10/12/2021 10/12/2022 2,000,000A X X AUX4268085-02 10/12/2021 10/12/2022 2,000,000 A 164GL0031708-02 10/12/2021 10/12/2022 1,000,000 1,000,000 1,000,000 RE: Wang Short Plat - 19016 116th Ave SE, Renton, WA 98058. City of Renton, Anaiyah Homes LLC, 19016 116th LLC and Wang Short plat are included as Additional Insured, coverage is Primary and Non-Contributory, and Waiver of Subrogation applies per the attached forms/endorsements. Per Project Aggregate applies to General Liability policy, per attached forms/endorsements. City of Renton 1055 South Grady Way Renton, WA 98057 WATTEXC-01 MPAVAN Hub International Northwest LLC PO Box 3018 Bothell, WA 98041 now.info@hubinternational.com Peleus Insurance Company Western National Mutual Insurance Company X X X X X X X X X CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 POLICY NUMBER: 164 GL 0031708-02 COMMERCIAL GENERAL LIABILITYCG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES ORCONTRACTORS – SCHEDULED PERSON ORORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s)Location(s) Of Covered Operations All persons or organizations as required by writtencontract with the Named Insured As designated in written contract with the NamedInsured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II – Who Is An Insured is amended toinclude as an additional insured the person(s) ororganization(s) shown in the Schedule, but onlywith respect to liability for "bodily injury", "propertydamage" or "personal and advertising injury"caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on yourbehalf; in the performance of your ongoing operations forthe additional insured(s) at the location(s)designated above. However: 1.The insurance afforded to such additionalinsured only applies to the extent permitted bylaw; and 2.If coverage provided to the additional insured isrequired by a contract or agreement, theinsurance afforded to such additional insuredwill not be broader than that which you arerequired by the contract or agreement toprovide for such additional insured. B.With respect to the insurance afforded to theseadditional insureds, the following additionalexclusions apply: This insurance does not apply to "bodily injury" or"property damage" occurring after: 1.All work, including materials, parts orequipment furnished in connection with suchwork, on the project (other than service,maintenance or repairs) to be performed by oron behalf of the additional insured(s) at thelocation of the covered operations has beencompleted; or 2.That portion of "your work" out of which theinjury or damage arises has been put to itsintended use by any person or organizationother than another contractor or subcontractorengaged in performing operations for aprincipal as a part of the same project. 164 GL 0031708-02 Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 C.With respect to the insurance afforded to theseadditional insureds, the following is added toSection III – Limits Of Insurance: If coverage provided to the additional insured isrequired by a contract or agreement, the most wewill pay on behalf of the additional insured is theamount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable limits ofinsurance; whichever is less. This endorsement shall not increase theapplicable limits of insurance. 164 GL 0031708-02 POLICY NUMBER:164 GL 0031708-02 COMMERCIAL GENERAL LIABILITYCG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 ADDITIONAL INSURED – OWNERS, LESSEES ORCONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s)Location And Description Of Completed Operations All persons or organizations as required by writtencontract with the Named Insured As designated in written contract with the Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II – Who Is An Insured is amended toinclude as an additional insured the person(s) ororganization(s) shown in the Schedule, but onlywith respect to liability for "bodily injury" or"property damage" caused, in whole or in part, by"your work" at the location designated anddescribed in the Schedule of this endorsementperformed for that additional insured and includedin the "products-completed operations hazard". However: 1.The insurance afforded to such additionalinsured only applies to the extent permitted bylaw; and 2.If coverage provided to the additional insured isrequired by a contract or agreement, theinsurance afforded to such additional insuredwill not be broader than that which you arerequired by the contract or agreement toprovide for such additional insured. B.With respect to the insurance afforded to theseadditional insureds, the following is added toSection III – Limits Of Insurance: If coverage provided to the additional insured isrequired by a contract or agreement, the most wewill pay on behalf of the additional insured is theamount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable limits ofinsurance; whichever is less. This endorsement shall not increase theapplicable limits of insurance. 164 GL 0031708-02 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. 164 GL 0031708-02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. U047-0310 Includes copyrighted material of ISO Properties, Inc., Page 1 of 1 with its permission. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV – Conditions: We waive any rights of recovery we may have against any person or organization because of payments we make for injury or damage resulting from your ongoing operations or “your work” done under a contract with that person or organization and included in the “products-completed operations hazard” if: a.you agreed to such waiver; b.the waiver is included as part of a written contract or lease; and c.such written contract or lease was executed prior to any loss to which this insurance applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. POLICY NUMBER: 164GL0031708-02 POLICY NUMBER: 164GL0031708-02 B. Blanket Additional Insured SECTION ll – COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured,paragraph c. is amended to add the following: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the “bodily injury” or “property damage” occurs and that is in effect during the policy period, to be named as an additional insured is an “insured” for Liability Coverage, but only for damages to which this insurance applies and only to the extent that persons or organization qualifies as an “insured” under the Who Is An Insured provision contained in Section ll. C.Liability Coverage Extensions – Supplementary Payments SECTION II – COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments is amended by replacing subparagraphs (2) and (4) with the following: (2)Up to $5,000 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. (4)All reasonable expenses incurred by the “insured” at our request, including actual loss of earnings up to $500 a day because of time off from work. D.Fellow Employee Coverage SECTION II – COVERED AUTOS LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee, the following is added: Co-Employee Lawsuit Defense CostReimbursement If a suit seeking damages for “bodily injury” to any fellow “employee” of the “insured” arising out of and in the course of the fellow “employee’s” employment or while performing duties related to the conduct of your business, or a suit seeking damages brought by the spouse, child, parent, brother or sister of that fellow “employee”, is brought against you, we will reimburse reasonable costs that you incur in the defense of such matters. Any reimbursement made pursuant to this sub-section will be in addition to the limits of liability set forth in the Declarations. A.Towing SECTION III – PHYSICAL DAMAGE COVERAGE, A.Coverage, 2. Towing, is amended by adding the following: 2.Towing We will pay up to $250 for towing and labor costs incurred each time a covered “auto” is disabled. However, the labor must be performed at the place of disablement. This $250 limit is reduced by any applicable towing limit shown in the declarations. Regardless of the number of disablements, the maximum amount we will pay under this endorsement for all towing and labor costs combined during any one year is $2,500. B. Transportation Expense – Limits Amended SECTION III – PHYSICAL DAMAGE COVERAGE, A.Coverage, 4. Coverage Extensions, a. Transportation Expenses is amended by replacing $20 per day/$600 maximum limit with $50 per day/$1000 maximum. C.Hired Auto Physical Damage – Loss Of UseExpenses – Limits Amended SECTION III – PHYSICAL DAMAGE COVERAGE, A.Coverage, 4. Coverage Extensions, b. Loss of Use Expenses is amended by replacing the $20 per day/$600 maximum limit with $50 per day/$750 maximum limit. D.Personal Effects Coverage SECTION lll – PHYSICAL DAMAGE COVERAGE,A. Coverage, 4. Coverage Extensions is amended by adding the following: c.Personal Effects We will pay up to $500 for “loss” to personal effects, which are: (1)Owned by an “insured”; and (2)In or on your covered “auto.” This coverage applies only in the event of the total theft of your covered “auto.” No deductible applies to this coverage. WN CA 80 06 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 3 of 6 SECTION III – PHYSICAL DAMAGE COVERAGE AMENDMENTS POLICY NUMBER: CPP1220313 C. Unintentional Failure to Disclose Hazards SECTION IV – BUSINESS AUTO CONDITIONS, B.General Conditions, 2. Concealment,Misrepresentation Or Fraud, is amended by adding the following paragraph: If you unintentionally fail to disclose any hazards existing at the inception date of the policy, or during the policy period in connection with any additional hazards, we will not deny coverage under this Coverage Part because of such failure. D. Employee Hired Auto SECTION IV – BUSINESS AUTO CONDITIONS, B.General Conditions, 5. Other Insurance, paragraph b. is deleted and replace by the following: b.For Hired Auto Physical Damage Coverage, the following are deemed to be a covered “auto” you own: (1)Any covered “auto” you lease, hire, rent or borrow. (2)Any covered “auto” hired or rented by your “employee” under a contract in that individual “employee’s” name, with your permission, while performing duties related to the conduct of your business. However, any “auto” that is leased, hired, rented or borrowed with a driver is not a covered “auto”. E. Primary and Noncontributory If Required By Written Contract or Written Agreement SECTION IV – BUSINESS AUTO CONDITIONS, B.General Conditions, 5. Other Insurance c., the following is added and supersedes any provision to the contrary: This Coverage Form’s Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an “insured” under your policy provided that: (1)Such “insured” is a Named Insured under such other insurance; and (2)You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such “insured”. WN CA 80 06 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 6 of 6 POLICY NUMBER: CPP1220313 d.This coverage does not apply while there are spare or reserve private passenger or light truck type “autos” available to you for your operations. e.If “loss” results from the total theft of a covered “auto” of the private passenger or light truck type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under SECTION III –PHYSICAL DAMAGE COVERAGE, A.Coverage, 4. Coverage Extensions. For the purposes of this Rental Reimbursement coverage, light truck is defined as a truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as the maximum loaded weight the auto is designed to carry. H. Accidental Airbag Deployment Coverage SECTION III – PHYSICAL DAMAGE COVERAGE, A.Coverage is amended by adding the following: 7.Accidental Airbag Deployment Coverage We will pay to reset or replace factory installed airbag(s) in any covered “auto” for accidental discharge, other than discharge due to a collision loss. This coverage is applicable only if comprehensive coverage applies to the covered “auto”. This coverage is excess over any other collectible insurance or reimbursement by manufacturer’s warranty. I.Auto Loan/Lease Gap Coverage SECTION III PHYSICAL DAMAGE COVERAGE,Item A., Coverage, is amended by adding the following: 8.Auto Loan/Lease Gap Coverage This coverage applies only to a covered “auto” described or designated in the Schedule or in the Declarations as including physical damage coverage. In the event of a covered total “loss” to a covered “auto” described or designated in the Schedule or in the Declarations, we will pay any unpaid amount due on the lease or loan for a covered “auto” less: a.The amount paid under the Physical Damage Coverage Section on the policy; and b.Any: (1)Overdue lease/loan payments at the time of the “loss”; (2)Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3)Security deposits not returned by the lessor; (4)Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5)Carry-over balances from previous loans or leases. J.Audio, Visual and Data Electronic Equipment – Limit Amended SECTION III - PHYSICAL DAMAGE COVERAGE, C.Limits of Insurance, 1.b. is amended by replacing the $1000 limit with a $2,500 limit. SECTION IV – BUSINESS AUTO CONDITIONS AMENDMENTS A.Duties In The Event Of Accident, Claim, Suit Or Loss Amended SECTION IV – BUSINESS AUTO CONDITIONS, A.Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit Or Loss, a. is amended by adding the following: This condition applies only when the “accident” or “loss” is known to: (1)You, if you are an individual; (2)A partner, if you are a partnership; (3)An executive officer or insurance manager, if you are a corporation; or (4)A member or manager, if you are a limited liability company. But, this section does not amend the provisions relating to notification of police, protection or examination of the property which was subject to the “loss”. B. Blanket Waiver of Subrogation Section IV – BUSINESS AUTO CONDITIONS, A.Loss Conditions, 5. Transfer of Rights ofRecovery Against Others to Us, is amended by adding the following exception: However, we waive any right of recovery we may have against any person or organization to the extent required of you by a written contract signed and executed prior to any “accident” or “loss”, provided that the “accident” or “loss” arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. WN CA 80 06 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 5 of 6 POLICY NUMBER: CPP1220313 COMMERCIAL EXCESS LIABILITY XPCOVFORM-0815 Includes copyrighted material of Insurance Services Offices, Inc., with its permission. Page 1 of 6 COMMERCIAL EXCESS LIABILITY 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 policy the words “you” and “your” refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words “we”, “us” and “our” refer to the company providing this insurance. The word “insured” means any person or organization qualifying as such under the “applicable underlying insurance”. Other words and phrases that appear in quotation marks in this policy have special meaning. Refer to SECTION IV – DEFINITIONS. Other words and phrases that are not defined under this policy but defined in the “applicable underlying insurance” will have the meaning described in the policy of “underlying insurance”. The insurance provided under this policy will follow the same provisions, exclusions and limitations that are contained in the “applicable underlying insurance”, unless otherwise directed by this insurance. To the extent such provisions differ or conflict, the provisions of this policy will apply. However, this policy will not provide coverage for an “event” unless all the “applicable underlying insurance” provides coverage for the “event”. Under no circumstances will coverage provided by this policy ever be broader than coverage provided by all the “applicable underlying insurance”. SECTION I – COVERAGES 1. Insuring Agreement a.We will pay on behalf of the insured the “ultimate net loss” in excess of the “retained limit” because of “injury or damage” for which the insured is legally obligated to pay and to which this insurance applies. We have no duty to investigate any claim, suit or proceeding or defend under this policy. However, at our sole discretion we have the right and will be given the opportunity to effectively associate in the defense or investigation of any claim, suit or proceeding. At our sole discretion we also have the right to assume charge of, negotiate and settle any claim, suit or proceeding to which this policy applies. In all such circumstances the insured will cooperate with us fully. But: (1) The amount we will pay for “ultimate net loss” is limited as described in SECTION II – LIMITS OF INSURANCE, and (2) Our right to defend terminates when we have exhausted the applicable limit of insurance in the payment of “ultimate net loss” under this Coverage Part. However, if any policy of “underlying insurance” specifies that limits are reduced by defense expenses, our right to defend terminates when we have used up the applicable limit of insurance in the payment of “ultimate net loss” under this Coverage Part. b.An additional insured under “applicable underlying insurance” will automatically be an additional insured under this insurance. If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the lessor of the amount of insurance required by the contract or available under the limits of insurance provided under this policy, less any amounts payable by any “underlying insurance”. Additional insured coverage provided by this insurance will not be broader than coverage provided by all “applicable underlying insurance”. 2. Exclusions The following exclusions, and any other exclusions added by endorsement, apply to this policy. If any exclusion of “underlying insurance” conflicts with any exclusion in this policy, that exclusion of this policy will apply. However, if that exclusion would result in broader coverage than is provided by the “underlying insurance”, the exclusion of the “underlying insurance” will apply. This policy will not provide broader coverage than that provided by all “applicable underlying insurance”. This insurance does not apply to: Policy # AUX4268085-02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XP293-0815 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. OTHER INSURANCE – PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE FORM SECTION III – CONDITIONS, 8. Other Insurance is amended and the following added: With the exception of other insurance written specifically to be “underlying insurance” to this Policy, this insurance shall be primary and non-contributory as respects to any contract or agreement you have agreed to in writing that this insurance would be primary and would not seek contribution from any other insurance. All “applicable underlying insurance” must also provide coverage on a primary and non-contributory basis in order for this condition to apply. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Policy # AUX4268085-02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XP165-0815 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. WAIVER OF SUBROGATION – RECOVERIES This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE FORM SECTION III – CONDITIONS, 12. Subrogation – Recoveries is amended and the following added: We will waive any right of recovery we may have against any person or organization because of payments we make for “injury or damage” provided you agreed to provide such waiver in a written contract that is signed and executed prior to any loss to which this insurance applies. This waiver will only apply where the “underlying insurance” also contains a waiver of such right of recovery. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Policy # AUX4268085-02