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HomeMy WebLinkAboutVehicles COMMERCIAL AUTO COVERAG,' E PART BUSINESS AUTO COVERAGE FORM DECLARATIONS ITEM ONE ft'-'"~,ME INSURED CITY OF JEFFERSONVILLE POLICY NO. 3XZ12057001 FORM OF BUSINESS: [] CORPORATION [] INDIVIDUAL [] PARTNERSHIP [] OTHER Government Entity ITEM TWO SCHEDULE OFCOVERAGES AND COVEREDAUTOS This policy provides only those coverages where a charge is shown in the premium column below. Each of these coverages will apply only to those "autos" shown as covered "autos." "Autos" are ~shown as covered "autos" for a particular coverage by the entry of one or more of the symbols from the COVEREd AUTO Section of the Business Auto Coverage Form next to the name of the coverage. COVERED AUTOS COVERAGES (Entry of one or more of , LIMIT PREMIUM the symbols from the COVERED AUTOS Section THE MO:~T WE WiLL PAY FOR ANY ONE of the Business Auto ACCIDENT OR LOSS Coverage Form shows which autos are covered autos) LIABILI ] Y I $5,[300,000 INGL (or equivalent No-fault Coverage) MENT MINU3 $ NIL Ded. ?r equivalent added No-fault Coverage) MENT MINUS $ NIL Ded. (Michigan only) FOR EACH ACCIDENT (When not included in Uninsured 2 $1,000,000 INCL Motorists Coverage) COMPREHENSIVE COVERAGE 7,8 WHICHEVER IS LESS MINUS $ 250 INCL Ded. FOR EACH COVERED AUTO. See ITEM FOUR for hired or borrowed "autos." SPECIFIED CAUSES OF LOSS WHICHEVEi~ IS LESS MINUS $ COVERAGE Ded. FOR EACH COVERED AUTO. See ITEM FOUR for hired or borrowed "autos." COLLISION COVERAGE 7,8 WHICHEVEF~ IS LESS MINUS $ 500 INCL Ded. FOR EACH COVERED AUTO. See TEM FQUR for hired or borrowed "autos." LABOR (Not available in California) private passe'nger "auto" ~ ESTiiviATED TOTAL PREiviiUM ENDORSEMENTS ATTACHED TO THIS COVERAGE FORM: Reter to form z~C23941a Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Ibc., 1990 AT24326 Page 1 of 3 11-96 COMMERCIAL AUTO COVERAGE PART BUSINESS AUTO COVERAGE FORM DECLARATIONS (Continued) ITEM THREE //"-"CHEDULE OF COVERED AUTOS YOU OWN Covered Auto No. 2 $ 4 Year Model, Trade Name, Body Type Serial Number (S) Vehicle Identification Number (VIN) No. r; S=Service R=Retail C=Com- mercial 3 4 ~3$iFiCATiON size Age Primary Katmg GVW [ GroupI Factor GVWor I I Vehicle Seating Phy. Capacity L ab. Dam. Cost New and NEW (N) or USED (U) ~econoary Rating Factor Town & State Where the Covered Auto will be principally garaged L;ode Except tor towing ali physical aamage loss is payable to you and the loss payee named below as interests may appear at the time of the loss. (j(JVbMA~[:;5---P'~ENIIUM~, LIMI I ~5 AND !.)EUU(J I I~l~5 (Absence ota aeauc[~ole or limit entry ~n any COlumn below means mat the limit or deductible entry in the corresponding ITEM TWO column applies instead) Auto (in stated in stated in '~ stated in Premium per Premium No. Thou- ITEM TWO ITEM TWO ITEM TWO Disable- sands) minus minus I deductible deductible deductible below below below 3 * Limit stated in each applicable P.I.P., Added P.I.P. or P.P.I. Endorsemen! ? Inctudes copyrighted material of Insurance Senticea OffiCe Inc. with its permission. Gopydght, Insurance Se~icee Office, I~nc., 'lggO I 11-96 AT24326 Page 2 of 3 the limit or deductible entry in the corresponding ITEM TWO column applies instead) PROTECTION P.I.P. PROTECTION PAYMENTS MOTORISTS (Mich. only) Auto (in minus minus (in Thou- No. Thou- deductible Premium deductible sands) below below 3 4 COMMERCIAL AUTO COVERAGE PART BUSINESS AUTO COVERAGE FORM I~ECLARATIONS (Continued) ITEM FOUR /'-"HEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS. FOR EACH STATE COST OF HIRE I Coverage. is primary) Indiana INCL INCL INCL INCL TOTAL PREMIUM $ Included nf hire, m~ne fh~ f,'~f~l c~mf~t Inf ~,lt"~l I incl ~r fnr fha, hir~ nf "HIItOA" VC~LI don't own fnot incise ina "autos" y( you borrow or rent from your partners or employees or their family members). Cost of hire does not include charges for services performed by motor carriers of property or passengers. PHYSICAL UAMAGE. LIIVII I Ut' ii~[Jr'~,l',~g*t~ ~:) [ IIVI,~, I I~U ~ 113. ~,~r~ COVERAGES THE MOST WE WILL PAY ', ANNUAL EACH $100 DEDUCTIBLE COST OF HIRE ANNUAL COST OF HIRE AG rUAL GASH VALUE., COST OI- HE. HAIRS OR INGL INCL INCL $ 35,000 WHICHEVER IS LESS MINUS COMPREHENSIVE $ 250 Dod. FOR EACH COVERED AUTO. AG I UAL CASH VALUE, COS I OF REPAIRS OR SPECIFIED CAUSES $ WHICHEVER IS LESS MINUS OF LOSS $ Dod. FOR EACH COVERED AUTO. $ 35,000 WHICHEVER IS LESS MINUS COLLISION $ 500 Dod. FOR EACH COVERED AUTO. ; TOTAL $ Included ~'"~ I PREMIUM ITEM FIVE SCHEDULE FOR NON-OWNERSHIP LIABILITY Other d~an a Number of Empluye~s Social Service Agency Number of Pa,in.rs ; Includes copyrighted material of Insurance Services OffiCe, Inc., with its permission. Copyright, Insurance Services Office, Iric., 1990 AT24326 Page 3 of 3 11-96 PUBLIC ENTITY AUTO COVER/~GE FORM Various provisions in this policy restrict coverage. Read the entire p(~licy carefully to determine rights, duties and what is and is not covered, i Throughout this policy the words "you" and "your" refer to the Named ~ ,nsured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance. ~ Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V -- DEFINITIONS. SECTION I -- COVERED AUTOS Item Two of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos". The symbols entered next to a coverage on the Declarations designate the only 6 = "autos" that are covered "autos". A.DESCRIPTION OF COVERED AUTO DESIG- NATION SYMBOLS Symbol Description (~"",, 1 = ANY "AUTO", 2 = OWNED "AUTOS" ONLY. Only those "autos" you own (and for Liability Coverage any "trailers" you do not own while attached to power units you own). This includes those "autos" you acquire ownership of 7 = after the policy begins. 3 = OWNED PRIVATE PASSENGER "AUTOS" ONLY. Only the private passenger "autos" you own. This includes those private passenger "autos" you acquire ownership of after the policy 8 begins. 4 = OWNED "AUTOS" OTHER THAN PRIVATE PASSENGER "AUTOS" ONLY. Only those "autos" you own that ara not of the private passenger type (and for Liability Coverage any "trailers" you do not own while attached to power units you own). 9 This includes those "autos" not of the private passenger type you acquire ownership of after the policy begins. 5 = OWNED "AUTOS" SUBJECT TO NO- FAULT. Only those "autos" you own that ~ are required to have no-fault benefits in the state where they are licensed or principally garaged. This includes those "autos" you acquire ownership of after the policy begins provided they ara required to have no-fault benefits in the state where they are licensed or principally garaged. OWNED "AUTOS" SUBJECT TO A COMPULSORY UNINSURED MOTOR- ISTS LAW. Only those "autos" you own that because of the law in the state where they are licensed or principally garaged ara required to have and cannot reject Uninsured Motorists Coverage. This includes those "autos" you acquire ownership of after the policy begins provided they are subject to the same state uninsured motorists requirement. SPECIFICALLY DESCRIBED "AUTOS". Only those "autos" described in ITEM THREE of the Declarations for which a premium charge is shown (and for Liability Coverage any "trailers" you do not own while attached to any power unit described in ITEM THREE). HIRED "AUTOS" ONLY. Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" you lease, hire, rent, or borrow from any of your employees or partners or members of their households. NONOWNED "AUTOS" ONLY. Only those "autos" you do not own, lease, hire, rent or borrow that are used in connection with your business. This includes "autos" owned by your employees or partners or members of their households but only while used in your business or your personal affairs. AT 25289 (9/99) 1 of 12 Includes copyrighted material of Insurance Services Office, Inc, with its permission 10 = RENTED "AUTOS" ONLY. Only those "autos" rented on a daily basts for Physical Damage Coverage. /.~-.,, B. OWNED AUTOS YOU ACQUIRE AFTER THE POLICY BEGINS 1. If symbols '1, 2, 3, 4, 5 or 6 are entered next to a coverage in ITEM TWO of the Declarations, then you have coverage for "autos" that you acquire of the type describe for the remainder of the policy period. 2. But, if symbol 7 is entered next to a coverage in ITEM TWO of the Declarations, an "auto" you acquire will be a covered "auto" for that coverage only if: a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that coverage; and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. C. CERTAIN TRAILERS, MOBILE EQUIPMENT AND TEMPORARY SUBSTITUTE-AUTOS If Liability Coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos" for Liability Coverage: ~ 1. "Trailers" with a Icad capacity of 2,000 _~ pounds or tess designed primarily for travel on public roads. 2. "Mobile equ~pmen 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 ts out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss"; or e. Destruction. SECTION II -- LIABILITY COVERAGE A. COVERAGE We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance AT 25289 (9/99) applies, caused by an "accident" and resulting from'the ownership, maintenance or use of a cove,red "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 whiqh this insurance applies that is caused by the same "accident". We, have the right and duty to defend any "insPired" against a "suit" asking for such damages or a "covered pollution cost or exp~ense". However, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury" or "property damage" 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 Ins',urance has been exhausted by payment of judgments or settlements. 1. i WHO IS AN INSURED The following are "insureds": a. You for any covered "auto". b. Your employee, officer or school board member while acting within the scope of his or her employment, office or duties. c. 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". 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" ts owned by that employee or a member of his or her household. (3) Your volunteer if the covered "auto" ts owned by that volunteer or a member of his or her household. (4) Someone using a covered "auto" while he or she is working in a 2of12 Includes copyrighted material of Insurance Services Office, Inc., with its permission 2o business of selling, servidng, repairing, parking or storing "autos" unless that business is yours. (5) Anyone other than your employees, partners, a lessee or borrower or any of their employees, while moving property to or from a covered "auto". (6) A partner of yours for a covered "auto" owned by him or her or a member of his or her household. d. Anyone liable for the conduct of an "insured" described above but only to the extent of that liability. COVERAGE EXTENSIONS a. Supplementary Payments. In addition to the Limit of Insurance, we will pay for the "insured": (1) All expenses we incur. (2) Up to $250 for cost of 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" we defend, but only for bond amounts within our Limit of Insurance. (4) Att reasonable expenses incurred by the "insured" at our request, including actual loss of earning up to $100 a day because of time off from work. (5) AIl costs taxed against the "insured" in any "suit" we defend. (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" we defend, but our duty to pay interest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. b. Out-of-State Coverage Extensions. While a covered "auto" ts away from the state where it is licensed we wilt: (1) Increase the Limit of ~nsurance for Liability Coverage to meet the limits specified by a compulsory or financial responsibility law of the jurisdiction AT 25289 (9/99) 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. iEXPECTED 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. i 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 b. That the "insured" would have in the absence of the contract or agreement. 3.1 WORKERS COMPENSATION ' Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability benefits or unemployment compensation law or any similar taw. 4; EMPLOYEE INDEMNIFICATION AND EMPLOYER'S LIABILITY "Bodily injury" to: a. An employee of the "insured" arising out of and in the course of employment by the ~nsured, or b. The spouse, child, parent, brother or sister of that employee as a consequence of paragraph a. above. 3of12 Includes copyrighted material of Insurance Servlce~ Office, Inc., w~th ~ts permission This exclusion applies: (1) Whether the "insured" may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. But this exclusion does not apply to "bodily injury" to domestic employees not entitled to workers' compensation benefits or to liability assumed by the "insured" under an "insured contract". 5. FELLOW EMPLOYEE "Bodily injury" to any fellow employee of the "insured" arising out of and in the course of the fellow employee's employment. 6. CARE, CUSTODY OR CONTROL "Property damage" to or "covered pollution cost or expense" involving property owned or transported by the "insured" or in the "insured's" care, custody or control. But this exclusion does not apply to liability assumed under a sidetrack agreement. ?. HANDLING OF PROPERTY "Bodily injury" or "property damage" resulting from the handling of property: a. Before it is moved from the place where it is accepted by the "insured" for movement into or onto the covered "auto"; or b. After it is moved from the covered "auto" to the place where it is finally delivered by the "insured". 8. MOVEMENT OF PROPERTY BY MECHANI- CAL DEVICE "Bodily injury" or "property damage" resulting from the movement of property by a mechanical device (other than a hand truck) unless the device is attached to the covered "auto". 9. OPERATIONS "Bodily injury" or "property damage" arising out of the operation of any equipment listed in paragraphs 6.b. and $.c. of the definition of "mobile equipment". AT 25289 (9/99) 4of12 10. ~OMPLETED OPERATIONS '!B°dily injury" or "property damage" arising but of your work after that work has been ~ompleted or abandoned. tnthis exclusion yourwork means: a. Work or operations performed by you or on your behalf; and Materials, parts or equipment furnished in connection with such work or operations. "(our work includes warranties or epresentations made at any time with ?espect to the fitness, quality, durability or performance of any of the items included in paragraphs a. or b. above. Your work will be deemed completed at the ~arliest of the following times: (1) When all of the work called for in your contract has been completed. (2) When all of the work to be done at the site has been completed if your contract calls for work at more than one site. (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, icorrection, repair or replacement, but which ~is otherwise complete, will be treated as ~1 completed. 11.', POLLUTION !"Bodily injury" or "property damage" arising I out of the actual, alleged or threatened d~scharge, dispersal, seepage, migration, Ii release or escape of "pollutants": ~a. That are, or that are contained in any property that is: (1) Being transported or towed by, (2) (3) handled, or handled for movement into, onto or from, the covered "auto"; Otherwise in the course of transit by or on behalf of the "insured"; or Being stored, disposed of, treated or processed in or upon the covered "auto"; includes copyrighted materia of nsurance Services Office Inc., w~th its permission b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto"; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate, or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in paragraphs 6.b. and 6.c. of the definition of "mobile equipment". Paragraphs b. and c. above of this exclusion do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. 12. LOSS OF USE Loss of use of other property not physically damaged if caused by: a. A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. b. A defect, deficiency, inadequacy or dangerous condition in your "products" or "work you performed". But this exclusion does not apply if the loss of use was caused by sudden and accidental damage to or destruction of your "products" or "work you performed" after they have been put to their intended use. 13. WAR "Bodily injury" or "property damage" due to ~var, whether or not declared, or any act or bondition incident to war. War includes civil ~var, insurrection, rebellion or revolution. This ~exclusion applies only to liability assumed !under a contract or agreement. 14. WORKYOU PERFORMED "Property damage" to "work you performed" if !the "property damage" results from any part !of the work itself or from the parts, materials !or equipment used in connection with the ',work. 15. !RACING iCovered "autos" while used in any iprofessional or organized racing or demolition contest or stunting activity, or !while practicing for such contest or activity. ~This insurance also does not apply while that icovered "auto" is being prepared for such a ;contest or activity. LIMIT OF INSURANCE ,, RegardleSs of the number of covered "autos, "inS;ureds", premiums paid, claims made or vehicles involved in the "accident", the most we will' pay for the total of all damages and "covered pollufion cost or expense" combined, resulting from any one "accident" is the Limit of Insurance for 'lLiability Coverage shown in the Declarations. All "bodily injury", "property damage" and "co~,ered pollution cost or expense' resu t ng from cor~tinuous or repeated exposure to substantially the', same conditions will be considered as resulting from one "accident". No' one will be entitled to receive duplicate payments for the same elements of "loss" under thi§ Coverage Form and any Medical Payments AT 25289 (9/99) 5 of 12 Includes copyrighted material of Insurance Services office, Inc., with its permission Coverage endorsement, Uninsured Motorists Coverage endorsement or Undednsured Motorists Coverage endorsement attached to this Coverage Part. SECTION III -- PHYSICAL DAMAGE COVERAGE A. COVERAGE 1. We will pay for "loss" to a "covered auto" or its equipment under: a. Comprehensive Coverage. From any cause except: (1) The covered "auto's" collision with another object; or (2) The covered "auto's" overturn. b. Specified Causes of Loss Coverage. Caused by: (1) Fire, lightning or explosion; (2) Theft; (3) Windstorm, hail or earthquake; (4) Flood; (5) Mischief or vandalism; or (6) The sinking, burning, collision or derailment of any conveyance transporting the covered "auto". c. Collision Coverage. Caused by: (1) The covered "autos" collision with another object; or (2) The covered "auto's" overturn. 2. Towing We will pay up to the limit shown in the Declarations for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. 3. Glass Breakage-- Hitting a Bird or Animal-- Falling Objects or Missiles. If you carry Comprehensive Coverage for the damaged covered "auto", we will pay for the following under Comprehensive Coverage: a. Glass breakage; b. "Loss" caused by hitting a bird or animal; and c. "Loss" caused by falling objects or missiles. However, you have the option of having glass ~breakage caused by a covered "auto's" collision or overturn considered a "loss" ~nder Collision Coverage. 4. ,,Coverage Extension. We will pay up to $15 per day to a maximum of $450 for transportation expense incurred by you because of the total theft of a covered "auto" ~f the private passenger type. We will pay ~nly for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for ~ransportation expenses incurred during the 'period beginning 48 hours after the theft and 'ending, regardless of the policy's expiration, When the covered "auto" is returned to use or We pay for its "loss". B. EXCLUSIONS 1. "We will not pay for "loss" caused by or iresulting from any of the following. Such '"loss" is excluded regardless of any other "cause or event that contributes concurrently ior in any sequence to the "loss". a. Nuclear Hazard. (1) The explosion of any weapon employing atomic fission or fusion; or (2) Nuclear reaction or radiation, or radioactive contamination, however caused. b. War or Military Action (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these. 2. We will not pay for "loss" to any covered "auto" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. We will also not pay for "loss" to any covered "auto" while that AT 25289 (9/99) 6of12 ~ Includes copyrighted material of Insurance Services O,ffi¢o, Inc., with its permission covered "auto" is being prepared for such a contest or activity. We will not pay for "loss" caused by or resulting from any of the following unless caused by other "loss" that is covered by this insurance: a. Wear and tear, freezing, mechanical or electrical breakdown. b. Blowouts, punctures or other road damage to tires. We will not pay for "loss" to any of the following: a. Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment, b. Equipment designed or used for the detection or location of radar. c. Any electronic equipment, without regard to whether this equipment is permanently installed, that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. d. Any accessories used with the electronic equipment described in paragraph c. above. Exclusion 4.c. and 4.d. do not apply to: a. Equipment designed solely for the reproduction of sound and accessories used with such equipment, provided such equipment is permanently installed in the covered "auto" at the time of the "loss" or such equipment is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto"; or b. Any other electronic equipment that is: (1) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system; or (2) An integral part of the same unit housing any sound reproducing equipment described in a. above and permanently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. LIMIT OF INSURANCE The! most we will pay for "loss" in any one "acd dent" is the lesser of: 1. The actual cash value of the damaged or ~tolen property as of the time of the "loss"; or 2. The cost of repairing or replacing the damaged or stolen property with other Iproperty of like kind and quality. D. DEI~UCTIBLE For each covered "auto", our obligation to pay for, repa?, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by ~re or lightning. SECTIO~N IV-- BUSINESS AUTO CONDITIONS The foliowing conditions apply in addition to the Commoh Policy Conditions: A. LO,SS CONDITIONS 1. APPRAISAL FOR PHYSICAL DAMAGE LOSS i~lf you and we disagree on the amount of "loss", either may demand an appraisal of the '"loss". In this event, each party will select a ',competent appraiser. The two appraisers will select a competent and impartial umpire. 'The appraisers will state separately the actual cash value and amount of "loss". If !they fail to agree, they will submit their '.differences to the umpire. A decision agreed !to by any two will be binding. Each party will: a. Pay its chosen appraiser, and Bear the other expenses of the appraisal and umpire equally. If we submit an appraisal, we will still retain !our right to deny the claim. 2. 'DUTIES iN THE EVENT OF ACCIDENT, 'CLAIM, SUIT OR LOSS. la. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident" or "loss". Include: AT 25289 (9/99) 7 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission (1) How, when and where the "accident" or "loss" occurred: (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. b. Additionally, you and any other involved "insured" must: (1) Assume no obligation, make no payment or incur no expense without our consent, except at the "insured's" owrl cost. (2) Immediately send us copies of any request, demand, order, notice, summons or legal paper received concerning the claim or "suit". (3) Cooperate with us in the investigation, settlement or defense of the claim or "suit". (4) Authorize us to obtain medical records or other pertinent information. (5) Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. c. If there is "loss" to a covered "auto" or its equipment you must also do the following: (1) Promptly notify the police if the covered "auto" or any of its equipment is stolen. (2) Take all reasonable steps to protect the covered "auto" from further damage. Aisc keep a record of your expenses for consideration in the settlement of the claim. (3) Permit us to inspect the covered "auto" and records proving the "loss" before its repair or disposition. (4) Agree to examinations under oath at our request and give us a signed statement of your answers. LEGAL ACTION AGAINST US No one may bring a legal action against us under this Coverage Form until: AT 25289 (9/99) la. There has been full compliance with all the terms of this Coverage Form; and lb. Under Liability Coverage, we agree in writing that the "insured" has an obligation to pay or until the amount of that obligation has finally been determined 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 COVERAGES At Our option we may: a. Pay for, repair or replace damaged or I stolen property; lb. Return the stolen property, at our expense. 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. 5. TRANSFER OF RIGHTS OF RECOVERY IAGAINST OTHERS TO US IIf any person or organization to or for whom ~,we make payment under this Coverage Form has rights to recover damages from another 'those rights are transferred to us. That ~person or organization must do everything ',necessary to secure our rights and must do nothing after "accident" or "loss" to impair 'them. B, GENERAL CONDITIONS 1. iBANKRUPTCY Bankruptcy or insolvency of the insured or the insureds estate w~ll not reheve us of iany ob gations under this Coverage Form. 2. !CONCEALMENT, MISREPRESENTATION OR FRAUD ~This Coverage Form is void in any case of 'fraud by you at any time as it relates to this Coverage Form. It ~s also void ~f you or any !other "insured", at any time, intentionally 'conceal or misrepresent a material fact ~conoerning: a. This Coverage Form; lb. The covered "auto"; :c. Your interest in the covered "auto"; or 8 of 12 j Includes copyrighted material of Insurance Services O~ce, Inc., with its permission d. A claim under this Coverage Form. LIBERALIZATION If we revise the Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. 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 another provision of this Coverage Form. OTHER INSURANCE a. For any covered "auto" you own, this Coverage Form provides primary insurance. For any covered "auto" you do not own, the insurance provided by this Coverage Form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Liability Coverage this Coverage Form provides for the "trailer" is: (1} Excess while it is connected to a motor vehicle you do not own. (2) Primary while it is connected to a covered "auto" you own. b. For Hired Auto Physical Damage coverage, any covered ~auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". ¢. Regardless of the provisions 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 covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. AT 25289 (9/99) $. 'POLICY PERIOD, COVERAGE TERRITORY I, Under this Coverage Form, we cover '."accidents' and "losses" occurring: a. During the policy period shown in the ~ Declarations; and b. Within the coverage territory. The coverage territory is: 'a; The United States of America; 'b. The territories and possessions of the United States of America; Puerto Rico; and Canada. id. !We also cover "loss" to, or "accidents" ',involving, a covered "auto" while being itransported between any of these places. 7. iTWO OR MORE COVERAGE FORMS OR iPOLIClES ISSUED BY US If this Coverage Form and any other Coverage Form or policy issued to you by us or any company affiliated with us apply to the 'same "accident", the aggregate maximum Limit of Insurance under all the Coverage Forms or policies shall not exceed the ~,highest applicable Limit of Insurance under iany one Coverage Form or policy. This ~condition does not apply to any Coverage ~Form or policy issued by us or an affiliated company specifically to apply as excess 'insurance over this Coverage Form. I SECTION V-- DEFINITIONS A. "Ac~;ident" includes continuous or repeated exposure to the same conditions resulting in "bod,' ily injury", or "property damage". B. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads but doe,~ not include "mobile equipment". C. "Bodily injury" means bodily injury, sickness or disease sustained by a person including death res~lting from any of these. D. "Co~ered pollution cost or expense" means any cost or expense arising out of: 1. iAny request, demand or order; or 2. ?ny claim or suit by or on behalf of a "governmental authority demanding that~the "insured" or others test for, monitor, clean up, !remove, contain, treat, detoxify or neutralize, 9of12 ~ Includes copyrighted material of Insurance Services Office Inc. with ~ts perrmss~on or in any way respond to, or assess the effects of "pollutants". "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a. That are, or that are contained in any property that is: (1) Being transported or towed by, handled, or handled for movement into, onto or from the covered "auto"; (2) Otherwise in the course of transit by or on behalf of the "insured"; ($) Being stored, disposed of, treated or processed in or upon the covered "auto"; or b. Before the "pollutants' or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto"; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate, or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in paragraphs $.b. or 6.c. of the definition of "mobile equipment". Paragraphs b. and c. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. "Gacage operation" means repair, service or maigtenance of "autos" on school premises prov~ided that such repair, service or maintenance is conducted as part of and is limited solely to a teaching or educational course of study. ,,insUred" means any person or organization qua!itying as an insured in the VVho Is An Insured pro'~ision of the applicable coverage. Except with respect t© the Limit of InsUrance, the coverage afforded applies separately to each insured who is s,eeking coverage or against whom a claim or "suit" is brought. "lns~ured contract" means: 1. 'A lease of premises; 2. iA Sidetrack agreement; 3. iAny easement or license agreement, except ~in connection with construction or demolition Iloperations on or within 50 feet of a railroad; 4. 'An obligation, as required by ordinance, to !indemnity a municipality, except in Iconnection with work for a municipality; 5. That part of any other contract or agreement ~pertaining to your business (including an ~indemnification of a municipality in !connection with work performed for a !municipality) under which you assume th,e, I tOrt liability of another to pay for "bodily injury for "property damage" to a third party or !organization. Tort liability means a liability ~ that would be imposed by law in the absence ~of contract or agreement; any 6. ~That part of any contract or agreement ~entered into, as part of your business, AT 25289 (9/99) 10 of 12 Includes copyrighted material of insurance Services O~ce, Inc., with its permission pertaining to the rental or lease, by you or any of your employees, of any "auto". However, such contract or agreement shall not be considered an "insured contract" to the extent that it obligates you or any of your employees to pay for "property damage" to any "auto" rented or leased by you or any of your employees. An "insured contract" does not include that part of any contract or agreement: a. That indemnifies any person or organization for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing; or b. That pertains to the loan, lease or rental of an "auto" to you or any of your employees, if the "auto" is loaned, leased or rented with a driver; or c. That holds a person or organization engaged in the business of transporting property by "auto" for hire harmless for your use of a covered "auto" over a route or territory that person or organization is authorized to serve by public authority. H. "Loss" means direct and accidental loss or damage. I. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: 1. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; 2. Vehicles maintained for use solely on or next to premises you own or rent; $. Vehicles that travel on crawler treads; 4. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: a. Power cranes, shovels, loaders, diggers or drills; or b. Road construction or resurfacing equipment such as graders, scrapers or rollers. $. Vehicles not described in paragraphs '1., 2., 3., or 4. above that are not self-propelled and re maintained primarily to provide mobility to .ermanently attached equipment of the )llowing types: a. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or I~. Cherry pickers and similar devices used ! to raise or Iowerworkers. 6. ~/ehicles not described in paragraphs 1., 2, 3. or 4. above maintained primarily for ~)urposes other than the transportation of persons or cargo. However, self-propelled Vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered ~'auto$": i a. EquiPment designed Primarily for: (1) snow removal; (2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning; 'b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or loWer workers; and c. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting or servicing J. "Po!lutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vaplor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, rec~)nditioned or reclaimed. K. "Prbperty damage" means damage to or loss of use~ of tangible property. L. "Su~it'' means a civil proceeding in which: 1. ".Damages because of "bodily injury" or property damage, or 2. A "covered pollution cost or expense", to Which this insurance applies are alleged. Suit inc uoes: 1. An arbitration proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the 11 of 12 AT 25289 (9/99) Includes copyrighted material of Insurance Sen/ices O ,ffice, Inc., with its permission "insured" must submit or does submit with our consent; or Any other alternative dispute resolution proceeding in which such damages or "covered pollution costs or expenses" are laimed and to which the insured submits ~ith our consent. M. "Trailer" includes semitrailer. Iq. "Work you performed" includes work that someone performed for you. AT 25289 (9/99) 12 of 12 Includes copyrighted material of Insurance Services office Inc,, with its permission ENDORSEMENTNO. A'CrACHED TO AND FORMING A PART OF POLICY NUMBER ENDORSEMENT EFFECTIVE (Standard Time) INSURED MO. DAY YR. 12:01 NOON THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERC A' ^UTOMOB LE BROAD FO"tM E.BORSEME. This endorsement modifies insurance undl er the following: PUBLIC ENTITY AUTO COVERAGE FORM AGENCY AND CODE To the extent that the provisions of this endorsement provide broader I the policy, the provisions of this endorsement control. 1. EXTENDED CANCELLATION CONDITION If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This EXTENDED CANCELLATION CONDITION supersedes any other policy cancellation condition. 2. BROADFORMINSURED A. The Named Insured shown in the Declarations is amended to include: (1) Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you ~enefits to the Insured than other provisions of maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a joint venture or partnership, (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an accident that occurred before you formed or acquired the organization. B..Paragraph A.1. - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is ~amended to read: ~h. Any employee of yours while using a covered "auto" you don't own, hire or AT 24739a (9/99) Page 1 of 3 borrow in your business or your personal affairs. LIABILITY COVERAGE EXTENSIONS - SUPPLEMENTARY PAYMENTS Paragraph A.2.a. - Supplementary Payments - of SECTION II - LIABILITY COVERAGE is amended as follows: The reference to $250 for the cost of bail bonds is replaced by $1000 and the reference to $100 per day for all reasonable expenses is replaced by $250 per day. 4. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5 FELLOW EMPLOYEE of SECTION II - LIABILITY COVERAGE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. Coverage is excess over any other collectible insurance. 5. HIRED AUTO PHYSICAL DAMAGE COVERAGE f hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire, subject to the following limit. The most we will pay for loss to any hired "auto" is $35,000 or Actual Cash Value or Cost of Repair, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an accident, you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $500 per accident. PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4 of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a AT 24739a (9~99) Page 2 of 3 limi'~ of $50 per day and a maximum limit of $1000. 7, AM,ENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Th~ requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUI? OR LOSS - of SECTION iV - BUSINESS AUTO CONDITIONS that you must notify us of an "acCident" applies only when the "accident is kno~vn to: A. You, if you are an individual B. A partner, ~f you are a partnership; or C. An executive officer or nsurance manager, :.you are a corporation. 8. UN!NTENTIONAL FAILURE TO DISCLOSE HAZARDS If you umntenbonally fa~l to d~sclose any hazards ex~tmg at the mcepbon date of your pohcy, we not,deny coverage under th~s Coverage Form bedause of such failure. D AUTo- coVERAGE TERRITORY Th~ definition of coverage territory in GENERAL CO~IDITIONS 7. - POLICY PERIOD, COVERAGE TERRITORY - of SECTION IV - BUSINESS AUTO CONDITIONS is amended to add: i. 'For short-term hired "autos", the coverage ~terr tory is anywhere in the world provided that jf the Insured s respons~bd~ty to pay damages 'for "bodily injury" or "property damage" is Idetermined in a "suit", the "suit" is brought in '.the territory described in Paragraph A. of this ~Condition. 10. RESULTANT MENTAL ANGUISH COVERAGE Th~ definition of "bodily injury" in SECTION V - DEFINITIONS is replaced by the following: "Bo.ldiiy injury" means bodily injury, sickness or disbase sustained by any person, including mental ang,'uish or death resulting from any of these. 11. LEASE GAP COVERAGE / Un!er SECTION III PHYSICAL DAMAGE COVERAGE, ,? a long-term leased "auto" is a co'~ered ~'auto and the lessor is named as an Additional Insured - Lessor, we will pay in the event of a total loss your additional legal obligation to the lessor for any difference between the actual cash value of the "auto" at the time of the loss and the "outstanding balance" of the lease. "Outstanding balance" means the amount you owe on the lease at the time of loss less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees. '12, GLASS REPAIR - WAIVER OF DEDUCTIBLE Under Paragraph D - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 13. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION Ill - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an air bag. 14. SOUND RECEIVING AND REPRODUCING EQUIPMENT - BROADENED COVERAGE 15. 16. Under Paragraph B. EXCLUSIONS of SECTION Ill - PHYSICAL DAMAGE COVERAGE, the!exclusion as it relates to sound receiving or rep¢oducing equipment does not apply to sound rec&iving or reproducing equipment that is per~nanently installed in a covered "auto". EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III ~ PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. TVVb OR MORE DEDUCTIBLES Under Paragraph D. DEDUCTIBLE of SE(~TION III - PHYSICAL DAMAGE COVERAGE, the ~ollowing is added: If ~,nother one of the Kemper Insurance compames policy or coverage form that is not an autgmobile policy or coverage form applies to the sar0e accident, the following applies: A. !If the deductible under this Business Auto "Coverage Form is the smaller (or smallest) ideductible, it will be waived; B. 'If the deductible under this Business Auto ',Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller(or smallest) deductible. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED, AUTHORIZED REPRESENTATIVE AT 24739a (9/99) Page 3 of 3 DATE ENDORSEMENT NO. ATTACHED TO AND ENDORSEMENT EFFECTIVE FORMING A PART OF (Standard Time) INSURED AGENCY AND CODE POLICY NUMBER MO. DAY YR. 12:01 NOON A.M. THIS ENDORSEMENT CHANGES THE POLICY. PLE~ASE READ IT CAREFULLY. DEDUCTIBLE WAIVER ENDORS., EMENT This endorsement modifies insurance provide~l under the following: BUSINESS AUTO COVERAGE FORM PUBLIC ENTITY AUTO COVERAGE FORM SECTION lit--PHYSICAL DAMAGE COVERAGE, D. DEDUCTIBLE. is amended to include the following: If a "loss" covered under this policy also involves a "loss" covered Jnder any portable equipment or commercial property coverage provided by us, only one (1) deductible, the largest will be applied. The deductible under the other policies will be waived. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED AUTHORIZED REPRESENTATIVE DATE AT 24307a (9/99) ENDORSEMENT NO. ATTACHED TO AND ENDORSEMENT EFFECTIVE i FORMING A PART OF (Standard Time) INSURED AGENCY AND CODE POLICY NUMBER MO. DAY YR. 12:01 NOON A,M. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VOLUNTEERS OR EMPLOYEES AS~ INSUREDS This endorsement modifies insurance provide~l under the following: BUSINESS AUTO COVERAGE FORM PUBLIC ENTITY AUTO COVERAGE FORM SECTION It--LIABILITY COVERAGE, '1. WHO IS AN INSURED, is amended to include the following: 1. WHO IS AN INSURED The following are "insureds": Any volunteer or employee of yours while using a covered "auto" you don't own hire or borrow in your business or your personal affairs. Insurance provided by this endorsement is excess over any other insurance available to any volunteer or employee. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCH~ANGED AUTHORIZED REPRESENTATIVE DATE AT 24308a (9/99) ENDORSEMENT NO. ATFACHED TO AND ENDORSEMENT EFFECTIVE AGENCY AND CODE INSURED FORMING A PART OF (Standard Time) POLICY NUMBER MO. DAY YR. 12:01 NOON A.M. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PHYSICAL DAMAGE TO VOLUNTEERS' OR EMPLOYEES' PERSONAL AUTOS This endorsement modifies insurance provide,d under the following: BUSINESS AUTO COVERAGEI FORM PUBLIC ENTITY AUTO COVERAGE FORM For "autos" owned or used by your volunteers or employees, SECT O~N III--PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended to include the following: ~ We will pay up to $500.00 or the amount of the deductible under a,'ny auto policy available to any volunteer or employee of yours, whichever is less, for any "loss" described unde¢ paragraph A.l. of this section, to any "auto" owned or used by a volunteer or employee while en route to, during or returning from any official duty authorized by you. In no event will we pay for any "loss" under this endorsement, to~ any "auto" owned, hired or borrowed by your organization. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHIANGED AT 25282 (9/99) AUTHORIZED REPRESENTATIVE DATE ENDORSEMENTNO. ATTACHED TO AND ENDORSEMENT EFFECTIVE INSURED AGENCY AND CODE FORMING A PART OF (Standard Time) POLICY NUMBER MO. DAY YR. 12:01 NOON A.M. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE'S OR VOLUNTEER'S PERSONAL EFFECTS IN VEHICLES This endorsement modifies insurance un,er the following: BUSINESS AUTO COVERAGEI FORM SECTION III- PHYSICAL DAMAGE COVERAGE SECTION III, A. COVERAGE is amended as follows: 5. Coverage Extension -- Personal Effects. Regarding personal effects in a vehicle of your employees, including volunteer firefighters and individuals as volunteers, we will cover "loss" while going to, located at, or returning directly from an emergency, and while acting solely with the scope of their duties for you. We will not pay more than $500 for the personal effects of any one employee of $10,000 in any one occurrence. This coverage is excess over any other collectible insurance. We do not cover loss or damage caused by theft to p~rsonal effects from an unattended automobile a. The automobile is equipped with a fully Enclosed body or compartment; and b. The loss is a direct result of forcible entry (of Which there is visible evidence) into a fully enclosed body, the doors and windows of Vchich shall have been securely locked, or 'from a compartment which shall have been ked. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHA~NGED AT 25287 (9/99) AUTHORIZED REPRESENTATIVE DATE COMMERCIAL AUTO CA 21 44 01 95 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ CAREFULLY. INDIANA UNINSURED MOTORIISTS COVERAGE For a covered "auto" licensed or principally garaged in, or "garage operations" conducted in, Indiana, this endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective Named Insured Countersigned by: (Authorized Reoresentative) SCHEDULE "Bodily Injury" $ Each Person "Bodily Injury" $ Each Accident and "Property Damage" Ab Section C - EXCLUSIONS applies in its entirety unless an "X" is entered below: [] If an "X" is entered in this box, exclusion 8, does not apply. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) COVERAGE 1. We will pay all sums the "insured is legally entitled to recover as compensatory damages from the owner or driver of an "uninsured motor vehicle". The damages must result from: vehicle" if the Schedule or Declarations indicates that both "bodily injury" and "property damage" Uninsured Motorists Insurance apply. a. "Bodily injury" sustained by the "insured" caused by an "accident" with an "uninsured motor vehicle", or b. "Property damage" caused by an "accident" with an "uninsured motor The owner's or driver's liability for these d, amages must result from the ownership, maintenance or use ofthe "uninsured motor ~;ehicle". B. WH? IS AN iNSURED 1. '['ou. CA 21 44 01 95 Copyright, Insurance Service Office, Inc., 1995 Page 1 of 4 2. If you are an individual, any "family member". Anyone else "occupying" a covered "auto" or a temporary substitute for a covered "auto". The covered "auto" must be out of service because of its breakdown, repair, servicing, loss or destruction. Anyone for damages he or she is entitled to recover because of "bodily injury" sustained by another "insured". C. EXCLUSIONS This insurance does not apply to: 1. Any claim settled without our consent. The direct or indirect benefit of any insurer or self-insurer under any workers' compensation, disability benefits or similar law. 3. The direct or indirect benefit of any insurer of property. 4. "Bodily injury" if sustained by: a. You while "occupying" orwhen struck by any vehicle owned by you that is not a covered "auto" under this Coverage Form; or b. Any "family member" while "occupying" or when struck by any vehicle owned by you that is insured on a primary basis under an other Coverage Form or policy. "Property damage" to an "auto" or to property contained in an "auto" owned by you which is not a covered "auto". Any "insured" using a vehicle without a reasonable belief that the "insured" is entitled to do so. "Property damage" forwhich the "insured" has been or is entitled to be compensated by other property or physical damage insurance. 8. The first $300 of the amount of "property damage" to the property of each "insured" as the result of any one "accident". This exclusion does not apply if your covered "auto" is legally CA 21 44 01 95 COMMERCIAL AUTO CA 21 44 01 95 p,arked and unoccupied when involved in an "accident" with an "uninsured motor vehicle". 9. "Property damage" caused by a hit-and-run v~ehicle. 10.15unitive or exemplary damages. D. LIMIT OF INSURANCE I. Regardless of the number of covered "autos", "insureds", premiums paid, claims made or v'ehicles involved in the "accident", the most we Will pay for all damages resulting from any one "~ccident" is the limit shown in this ~ndorsement. 2. '¢'he Limit of Insurance under this coverage ~hall be reduced by all sums paid or payable I~y or for anyone who is legally responsible, including all sums paid under this Coverage Form's LIABILITY COVERAGE. 3. 1'4o one will be entitled to receive duplicate payments for the same elements of "loss" L~nder this Coverage Form and any Liability Coverage Form, or Medical Payments Coverage endorsement attached to this Coverage Part. ~e will not make a duplicate payment under t~his Coverage for any element of "loss" for ~vhich payment has been made by or for anyone who is legally responsible. ~/e will not pay for any element of "loss" if a I~erson is entitled to receive payment for the same element of "loss" under any workers' ~ompensation, disability benefits or similar law. 4. We will not pay for a loss which is paid or payable under PHYSICAL DAMAGE COVERAGE. 5. ~1o "insured" shall recover duplicate payments for the same elements of loss or payments in ~xcess of damages sustained. E. CHiANGES IN CONDITIONS Th~ CONDITIONS are changed for UNINSURED MOTORISTS INSURANCE CQVERAGE as follows: Copyright, Insurance Service Office, Ina., 1995 Page 2 of 4 1. OTHER INSURANCE in the Business Auto and Garage Coverage Forms and OTHER INSURANCE - PRIMARY AND EXCESS INSURANCE PROWSlONS in the Truckers and Motor Carrier Coverage Forms is replaced by the following: If there is other applicable insurance available under one or more policies or provisions of coverage: The maximum recovery under all Coverage Forms or policies combined may equal but not exceed the highest applicable limit for any one vehicle under any Coverage Form or policy providing coverage on either a primary or excess basis. Any insurance we provide with respect to a vehicle you do not own shall be excess over any other collectible uninsured motorists insurance providing coverage on a primary basis. c. If the coverage under this Coverage Form is provided: (1) On a primary basis, we will pay only our share of the loss that must be paid under insurance providing coverage on a primary basis. Our share is the proportion that our limit of liability bears to the total of all applicable limits of liability for coverage on a primary basis. (2) On an excess basis, we will pay only our share of the loss that must be paid under insurance providing coverage on an excess basis. Our share is the proportion that our limit of liability bears to the total of all applicable limits of liability for coverage on an excess basis. 2. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is changed by adding the following: a. If we make any payment and the "insured" CA 21 44 01 95 COMMERCIAL AUTO CA 21 44 01 95 recovers from another party, the "insured" shall hold the proceeds in trust for us and pay us back the amount we have paid. b! If we make a payment because the insurerofthe "uninsured motor vehicle" is or becomes insolvent, the TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition does not apply to any rights of recovery against: (1) The Indiana Guaranty Fund; or (2) The "insured" of the insolvent insurer, except in amounts that exceed the limit of liability of the coverage Form or policy that was issued by that insolvent insurer. 3. The following Condition is added: ~RBiTRATION ~. If we and an "insured" disagree whether the "insured" is legally entitled to recover damages from the owner or driver of an "uninsured motor vehicle" or do not agree as to the amount of damages that are recoverable by that "insured", then the matter may be arbitrated. However, disputes concerning coverage under this endorsement may not be arbitrated. Either party may make a written demand for arbitration. In this event each party will select an arbitrator. The two arbitrators will select a third. If they cannot agree within 30 days, either may request that selection be made by a judge of a court having jurisdiction. Each party will pay the expenses it incurs and bear the expenses of the third arbitrator equally. Unless both parties agree otherwise, arbitration will take place in the country in which the "insured" lives. Local rules of law as to arbitration procedures and evidence will apply. A decision agreed to by two of the arbitrators will be binding as to: (1)Whether the "insured" islegally entitled to recover damages, and Copyright, Insurance Service_Office, Inc., 1995 Page 3 of 4 (2) The amount of damages. This applies only if the amount does not exceed the minimum limit for liability specified by the financial responsibility law of lndiana. Ifthe amount exceeds that limit, either party may demand the right to a trial. This demand must be made within 60 days of the arbitrators' decision. If this demand is not made, the amount of damages agreed to by the arbitrators will be binding. F. ADDITIONAL DEFINITIONS As used in this endorsement: "Family member" means a person related to you by blood, marriage or adoption who is a resident of your household, including a ward or foster child. 2. "Occupying" means in, upon, getting in, on, out or off. "Property damage" means damage to a covered "auto" or to property owned by you or a "family member" while contained in a covered "auto". However, "property damage" does not include loss of use of damaged or destroyed property. This definition replaces the definition in the policy. 4. "Uninsured motor vehicle" means a land motor vehicle or trailer: a. Forwhich no liability bonds or policy at the time of an "accident" provides at least the amounts required by the financial responsibility law of Indiana, or COMMERCIAL AUTO CA 21 44 01 95 b. For which an insuring or bonding i company denies coverage or is or I becomes insolvent; or ! d. That is a hit-and-run vehicle and neither ' the driver nor owner can be identified. A hit-and-run vehicle is one that causes "bodily injury" to an "insured" by hitting the "insured", a covered "auto" or a vehicle an "insured" is "occupying". ~owever, "uninsured motor vehicle" does not i~clude any vehicle: Owned or operated by a self-insurer under any applicable motor vehicle law, except a self-insurer who is or becomes insolvent and can not provide the amounts required by that motor vehicle law; b,. Owned by a governmental unit or agency. (~. Designed for use mainly off public roads while not on public roads. CA 21 44 01 95 Copyright, Insurance Service_Office, Inc., 1995 Page 4 of 4 THIS ENDORSEMENT CHANGES THE POLICY. P~LEASE READ IT CAREFULLY INDIANA UNDERINSURED MOTORISTS COVERAGE ......" r tigris; COnducted in, Indiana, For a covered auto censeo or principally garageo in, or garage ope a this endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provi'sions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception d~te of the policy unless another date is indicated below: Endorsement effective Policy No.' Named Insured Countersigned by (Authorized Representative) SCHEDULE "Bodily Injury" ~ ~ Each "Accident" (If no entry appears above, information required to complete thi~ endorsement will be shown in the Dec- larations as applicable to this endorsement.) A. COVERAGE 1. We will pay all sums the "insured" is le- gda ly entitled to recover as compensatory amages from the owner or driver of an "underinsured motor vehicle". The dam-age must result from "bodily injury" sus-tained by the "insured" and caused by an "accident", with an "underinsured motor vehicle". The owner's or driver's liability for this damage must result from the ownership, maintenance or use of the "underinsured motor vehicle". 2. We will pay under this coverage only if a. or b. below applies: a. The limits of any applicable liability bonds or policies have been ex- hausted by judgments or payments; or b. A tentative settlement has been made between an "insured" and the insurer of an "underinsured motor vehicle" which would exhaust the limits of Ii-ability under any applicable bond or policy, and we: (1) Have been given prompt written notice of such tentative settle- ment; and (2) Advance payment to the "in- sured'' in an amount equal to the tentative settlement within 30 days after the receipt of notifica-tion. S. WHO'IS AN INSURED 1. Ydu. 2. If~ou are an individual, any "family mem- ber''. 3. Anyone else "occupying" a covered "auto or a temporary substitute for a covered "aLto". The covered "auto" must be out of service because of its breakdown, re-pair, servicing, loss or de~struction. 4. ANyone for damages he or she is entitled to:recover because of "bodily !,njury" sus- tained by another "insured C, EXCLUSIONS This?nsurance does not apply to: 1. Tl~e direct or indirect benefit of any insurer orlself-insurer under any workers' com- pe'nsation, disability benefits or similar laW. 2. T~e direct or indirect benefit of any insurer of' property. 3. "'Bodily injury" if sustained by: CA 31 16 01 95 Copyright, Insurance Services Office. inc., 1995 Page 1 of 3 a. The maximum recovery under all Coverage forms or polices combined may equal but not exceed the highest ('~"~ a. You while "occupying" or when struck by any vehicle owned by you that is not a covered "auto" under this Cov- erage Form; or b. Any "family member" while "occupy- ing'' or when struck by arty vehicle owned by you that ~s bo nsured on a primary basis under any other Cover-age Form or poi cy. 4. Any "insured" using a vehicle without a reasonable belief that the "insured" is en- titled to do so. 5. Punitive or exemplary damages, c. D. LIMIT OF INSURANCE 1. Regardless of the number of covered "autos", "insureds", premiums paid, claims made or vehicles involved in the "accident", the most we will pay for all da.m,,ages resulting from any one "acci-dent is the limit shown in this endorse-merit. 2. The Limit of insurance under this cover- age sba be reduced by all sums paid or payable by or for anyone who is legally responsible including all sums paid under this Coverage Form's DABLTY COVER- AGE. 3. No one will be entitled to receive duplicate for the same elements of "loss" payments under this Coverage Form and any Liabil- ty Coverage Form or Medical Payments Coverage endorsement attached to th s Coverage Part. We will not make a duplicate payment un- der t,,his Coverage for any element of "oss for which payment has been made by or for anyone who is legally respons - ble. We will not pay for any element of if a person is entitled to receive payment for the same element of loss under a y workers' compensation, disability benefits or similar law. 4. No "insured" shall recover duplicate pay- ments for the same elements of loss or payments in excess of damages sus- tained. E. CHANGES IN CONDITIONS The CONDITIONS are changed for UNDERINSURED MOTORISTS COVERAGE as follows: 1. OTHER INSURANCE in the Business Auto and Garage Coverage Forms and OTHER INSURAN(::E - PRIMARY AND EXCESS IN- SURANCE PROVISIONS in the Truckers and Motor Carrier Coverage Forms is re- placed by the following: If there is other applicable insurance available under one or more policies or provisions of coverage: CA 31 16 01 95 Copyright, Insurance Services Office. applicable limit for any one vehicle under any Coverage Form or polic~' Providing coverage on either a pr~- mary or excess basis. iAny insurance we provide with re- ~pect to a vehicle you do not own shall be excess over any other ~ollectible underinsured motorists in- Surance providing coverage on a pri- ~nary basis. ~lf the coverage under this Coverage ~:orm is provided: il) On a primary basis, we will pay only our share of the loss that must be paid under insurance providing coverage on a primary basis. Our share is the propor- tion that our limit of liability bears to the total of all applicable limits of liability for coverage on a pri- mary basis. 2) On basis, we will an excess pay only our share of the loss that must be paid under insurance ~roviding coverage on an excess asis. Our share is the propor- t on that our limit of liability bears to the total of all applicable limits of liability for coverage on an ex- cess basis. 2. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS is changed by adding the following: a. ,Pr°mptly send us copies of the legal papers if a "suit" is brought. b. 'A person seeking Underinsured Mo- ~torists Coverage must also proml~tly notify us in writing of a tentative ~settlement between the "insured" 'and the insurer of the "underinsured mo-tor vehicle" and allow us 30 'days to advance payment to that '?insured" in an amount equal to the ~entative settlement to preserve :our rights against the insurer, iowner, or opera-tor of such ?'underinsured motor vehi-cle". 3. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is changed by ad~ling the following: a.'lf we make any payment and the "in- ~sured" reco,,vers from another party, the "insured' shall hold the proceeds in trust for us and pay us back the amount we have pa~d. b.i Our rights do not apply under this provision if we: (1) Have been given prompt written ~ notice of a tentative settlement ~ between an "insured" and the Inc,, 1995 Page 2 of 3 insurer of the "underinsured mo- tor vehicle", and (2) Fail to advance payment to the "insured" in an amount equal to the tentative settlement within 30 days after receipt of such notifi- cation. If we advance payment to the "insured" in an amount equal to the tentative settlement within 30 days after notification: (1) That payment will be sepa- rate from any amount the "insured" is entitled to re- cover under the provisions of this coverage; and (2) We also have the right to re- cover the advance payment from the insurer, or the owner or operator of the "underinsured motor vehi- c. If we make a payment because the insurer of the "underinsured motor vehicle" is or becomes insolvent, the TRANSFER OF RIGHTS OF RECOV- ERY AGAINST OTHERS TO US Condi- tion does not apply to any rights of recovery against: (1) The Indiana Guaranty Fund; or (2) The "insured" of the insolvent insurer, except in amounts that exceed the limit of liability of the Coverage Form or policy that was issued by that insolvent insurer. 4. The following Condition is added: ARBITRATION a. tf we and an "insured" disagree whether the "insured" is legally enti- tied to recover damages from the owner or driver of an "underinsured motor vehicle" or do not agree as to the amount of da,m, ages t,h, at are re- coverable by that 'insured , then the matter may be arbitrated. However, disputes concerning coverage under this endorsement may not be arbi- trated. Either party may make a writ- ten demand for arbitration. In this event, each party will select an arbitrator. The two arbitrators will select a third. If they cannot agree within 30 days, either may request that selection be made by a judge of a court having jurisdiction. Each party will pay the expenses it incurs and bear the expenses of the third arbitrator equally. CA 31 16 01 95 b. Unless both parities agree otherwise, arbitration will take place in the county in which the "insured" lives. Local rules of law as to arbitration procedure and evidence will apply. A decision agreed to by two of the arbitrators will be binding as to: ! 1. Whether the "insured" is legally entitled to recover damages, and 2. The amount of damages. This applies only if the amount does not exceed the minimum limit for ability specified by the financial responsibility law of Indiana. f the amount exceeds that limit, either party may demand the right to a trial. This demand must be made w, ithin 60 days of the arbitrators decision. If this de- mand is not made, the amount of damages agreed to by the arbitrators will be binding. F. ADDll IONAL DEFINITIONS As used in this endorsement: 1. "Family member" means a person relate~l to ~/ou by blood, marriage or adoption who is a resident of your household, including a ward or foster child. 2. "Occupying" means in, upon, getting in, on; out or off. 3. "[Jnderinsured motor vehicle" means a lan'd motor vehicle or trailer for which the sur~ of all liability bo,,nds orpolicies at the t m'e of an "accident pro~ides ~t least the amounts required by the hnanc~al respon- sib'ility law of Indiana but their limits are less than the limits of this insurance. HOwever, "underinsured motor vehicle" doffs not include any vehicle: a. Owned or operated by a self-insurer under any applicable motor vehicle :law, except a self-insurer who is or 'becomes insolvent and can not pro- vide the amounts required by that motor vehicle law. b.' Owned by a governmental unit or ',agency. c.~ Designed for use mainly off pubhc !roads while not on public roads. Page $ of 3 Copyright, Insurance Services Office. Inc., 1995 THIS ENDORSEMENT CHANGES THE POLICY. P~LEASE READ IT CAREFULLY AUTO MEDICAL PAYMENTS COVERAGE This endorsement modifies insurance provided under the followin~l: BUSINESS AUTO COVERAGE FORM COVERAGE We will pay reasonable expenses incurred for necessary medical and funeral services to o,,r for an "insu,,red" wh,o, sustains "bodily injury caused by ' accident. We will pay only those expenses incurred, for services rendered within three years from the date of the "acci- dent.'' B. WHO IS AN INSURED 1. You while "occupying" or, while a pedes- trian, when struck by any "auto." 2. If you are an individual, any "family mem- ber'' while "occupying" or, while a pedes- trian, when struck by any "auto." 3. Anyone else "occupying" a covered or a temporary substitute for a covered "auto." The covered "auto" must be out of service because of its breakdown, re-pair, servicing, loss or destruction. C. EXCLUSIONS This insurance does not apply to any of the following: 1. "Bodily injury" sustained by an "insured" while "occupy!rig" a vehicle located for use as a premises. 2. "Bodily injury" sustained by you or any "family member" while "occupying" or struck,, by a,,ny vehicle (other than a cov- ered auto ) owned by you or furnished or available for your regular use. 3. "Bodily injury" sustained by any "family member" while "occupying" or struck by any vehicle (other than a covered "auto") owned by or furnished or available for the regular use of any "family member." 4. "Bodily injury" to your employee arising out of and in the course of employment by you;, However we will cover "bodily in- jury to your domestic employees if not entitled to workers' compensation bene- fits. 5. Bodily injury" to an "insured" while; wo,rking in a business of selling, servicing, repairing or parking "autos" unless that business is yours. 6. "Bodily injury" caused by declared or un- de&lared war or insurrection or any of th(~ir consequences. 7. "E~odily injury" to anyone using a vehicle wit~hput a reasonable belief that the per- son ~s entitled to do so. LIMITi OF INSURANCE 5,000 Regardless of the number of covered "insu~eds," premiums paid, claims made or vehicles involved in the "accident," the most we,, will pay,, for "bodily injury" for each ,!n-sured inured in any one "accident is the L M T OF INSURANCE for AUTO MEDICAL PAYMENTS COVERAGE shown in the Declara-tions. CHANGES IN CONDITIONS The CONDITIONS are changed for AUTO MED- ICAL ,PAYMENTS COVERAGE as follows: 1. Thle TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition does no[ apply. 2. Tl~e reference in OTHER INSURANCE to other collectible insurance" applies only to other collectible auto medical payments insurance. ADDITIONAL DEFINITIONS The following are added to the DEFINITIONS SectiOn: 1. "'Family member" means a person related to 'you by blood marriage or adoption who is ~ resident of your househod, ncuding a ~vard or foster child. 2. "Occupying" means in, upon, getting in, on, out or off. CA 99 03 06 92 Copyright, Insurance Services O_ffice. linc., 1991 ENDORSEMENT NO. ATTACHED TO AND ENDORSEMENT EFFECTIVE INSURED AGENCY AND CODE FORMING A PART OF (Standard Time) i POLICY NUMBER MO. DAY YR. 12:01 NOON I A.M. THIS ENDORSEMENT CHANGES THE POLICY. PLE ~,SE READ IT CAREFULLY. WAR OR TERRORISM EXCLUSION This endorsement modifies insurance provided~ under the following: PUBLIC ENTITYAUTO COVERAGE FORM Exclusion 13. WAR under B. Exclusions of SECTION II - LIABILITY COVERAGE is deleted and replaced by the following: 13. WAR OR TERRORISM "Bodily injury" or "property damage" arising, directly or indirectly, out of: a. War, including undeclared or civil war; or b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c. insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these; or d. "Terrorism", including any action taken in hindering or defending against an actual or expected incident of "terrorism" regardless of any other cause or event that contributes concurrently or in any sequence to the injury or damage. However, with respect to "terrorism", this exclusion only applies if one or more of the following are attributable to an incident of "terrorism": a. The total of insured damage to all types of property exceeds $25,000,000. In determining whether the $25,000,000 threshold is exceeded, we will include all insured damage sustained by property of all persons and entities affected by the "terrorism" and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision, insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions; or lb. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision, serious physical injury means: (1) Physical injury that involves a substantial risk of death; or (2) Protracted and obvious physical disfigurement; or (3) Protracted loss of or impairment of the function of a bodily member or organ; or !c. The "terrorism" involves the use, release or escape of nuclear materials, or directly or indirectly results in nuclear reaction or radiation or radioactive contamination; or ~d. The "terroriSm'' is carried Out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials; or AT 26368 (1/02) Page 1 of 2 ~ Includes copyrighted material of Insurance Services O~ce, Inc., with its permission. CopyrJght, Insurance Services Office, ~lnc., 2001 e. Pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the "terrorism" was to release such materials. Paragraphs a, and b., immediately preceding, describe the thresholds used to measure the magnitude of an incident of "terrorism" and the circumstances in which the threshold will apply for the purpose of determining whether the Terrorism Exclusion will apply to that incident. When the Terrorism Exclusion applies to an incident of "terrorism", there is no coverage under this Coverage Part. In the event of any incident of "terrorism" that is not subject to the Terrorism Exclusion, coverage does not apply to any loss or damage that is otherwise excluded under this Coverage Part. Multiple incidents of "terrorism" which occur within a seventy-two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. II. Thelfollowing definition is added to SECTION V- DEFINITIONS: "Terrorism" means activities against persons, organizations or property of any nature: 1. ~hat involve the following or preparation for the following: a. Use or threa[ of force or violence: or b. Commission or threat of a dangerous acT: or c. Commission or threat of an act that interferes with or disrupts an electronic. communication, information or mechanical system: and 2. When one or both of the following applies: a. The effect s to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy: or b. It appears that the intent is to intimidate or coerce a government or to further political ideological, religious, social or economic objectives or to express (or express opposition to} a philosophy or ideology. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED AUTHORIZED REPRESENTATIVE DATE AT 26368 (1/02) Page 2 of 2 i Includes copyrighted mater a of nsurance Services Off'ice In¢,, with its permission. Copyr ght, Insurance Services Office~ Inc., 2001 ENDORSEMENT NO. A'~ACHED TO AND ENDORSEMENT EFFECTIVE FORMING A PART OF (Standard Time) INSURED AGENCY AND CODE POLICY NUMBER MO. DAY YR. 12:01 NOON A.M. 3XZ12057001 08 06 2002 X CITY OF JEFFERSONVILLE 430034 THIS ENDORSEMENT CHANGES THE POLICY. PLE~ASE READ IT CAREFULLY. DEDUCTIBLE LIABILITY COVERAGE This endorsement modifies insurance provide~ under the following: BUSINESS AUTO COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated above. Liability Deductible: "Bodily Injury" Deductible: "Property Damage" Deductible: SCHEDULE $ 250 $ $ $ Per "Accident" Per Person Per "Accident" Per "Accident" (If no entry appears above, information required to complete this endolrsement will be shown in the Declarations as applicable to this endorsement) LIABILITY COVERAGE is changed as follows: A. LIABILITY COVERAGE DEDUCTIBLE The damages caused in any one "accident" that would otherwise be payable under LIABILITY COVERAGE will be reduced by the Liability Deductible shown in the Schedule prior to the application of the LIMIT OF INSURANCE provision. B. BODILY INJURY LIABILITY COVERAGE DEDUCTIBLES 1. Per Person The damages that would otherwise be payable under LIABILITY COVERAGE FOR "bodily injury" sust?,!ned by any one person, in any one "accident, will be reduced by the "Bodily Injury" Per Person Deductible shown in the Schedule prior to the application of the LIMIT OF INSURANCE provision. 2. Per Accident The damages that would otherwise be payable under LIABILITY COVERAGE for ali '[bodily injury" caused in any one "accident" Will be r,e, duced by the "Bodily Injury" Per '~Accident Deductible shown in the Schedule prior to the application of the LIMIT OF !NSURANCE provision. PRO~PERTY DAMAGE LIABILITY COVERAGE DEDUCTIBLE The! damages that would otherwise be payable under LIABILITY COVERAGE FOR "property dam~age" caused in any one "accident" will be reduced by the "Property Damage" Per "Accident" Deducbbe shown ~n the Schedule prior to t e appl~!c~tion of the LIMIT OF INSURANCE provision. OuR RIGHT TO REIMBURSEMENT To §ettle any claim or "suit" we may pay all or any part'~of any deductible shown in the Schedule. If this, happens you must reimburse us for the deductible or the part of the deductible we pa d. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED AT 25096 (5/99) AUTHORIZED REPRESENTATIVE Copyright, Insurance Services Office, Inc~., 1993 DATE ENDORSEMENT NO. ATFACHED TO AND ENDORSEMENT EFFECTIVE ~ INSURED AGENCY AND CODE FORMING A PART OF (Standard Time) POLICY NUMBER MO. DAY YR. 12:01 NOON A.M. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY· CUSTOMIZED VEHICLE EXTENSION E~IDORSEMENT This endorsement modifies insurance provided~ under the following: BUSINESS AUTO COVERAGE!FORM PUBLIC ENTITY AUTO COVERAGE FORM For scheduled customized covered "autos" used as a. CuSt0m painting and gold leaf lettering; chiefs, captains, police, administrative and other b. Light barsandsirens; similar vehicles, paragraph C. LIMIT OF ~ INSURANCE, contained in SECTION Ill--PHYSICAL c. Perr~anently installed radios and other DAMAGE COVERAGE, is amended to include the communications equ pment and following: d. Permanently installed computer equipment. We will pay the additional repair or replacement costs Coverage under this endorsement does not apply to necessary to customize the damaged "auto" with any covered "auto" designated on the schedule as permanently installed equipment of like kind and being insured on an agreed-value basis. quality, without deduction for depreciation. We will also include the Cost of installation onto a replacement We will !also pay for property owned by you that is "auto" if the covered "auto" is not repairable. This permanently installed in an "auto" not owned by you. customization will include, but is not limited to the following: ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHA~NGED AUTHORIZED REPRESENTATIVE AT 25283 (9/99) DATE ENDORSEMENT NO. ATFACHED TO AND ENDORSEMENT bb~-~CTIVE ~ FORMING A PART OF (Standard Time) iNSURED AGENCY AND CODE POLICY NUMBER MO. DAY YR. 12:01 NOON · A.M. ~ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMANDEERED AUTO COVERAGE This endorsement modifies insurance providedi under the following: BUSINESS AUTO COVERAGE ,FORM PUBLIC ENTITY AUTO COVERAGE FORM SECTION ~COVERED AUTOS, A. DESCRIPTION OF COVERED A~TO DESIGNATION SYMBOLS is amended as follows: I The description for SYMBOL 8 = HIRED "AUTOS" ONLY is deleted in it's~ entirety and is replaced by the following: 8 = HIRED "AUTOS" ONLY. Only those "autos" you lease, hire, rent, borrow or commandeer. This does not include any "auto" you lease, hire, rent, or borrow from any of yo dr employees or partners or members of their households. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED AUTHORIZED REPRESENTATIVE AT 25285 (9/99) DATE ENDORSEMENT NO. ATTACHED TO AND ENDORSEMENT EFFECTIVE FORMING A PART OF (Standard Time) ~ INSURED AGENCY AND CODE POLICY NUMBER MO. DAY YR. 12:01 NOON , THIS ENDORSEMENT CHANGES THE POLICY. PLEkSE READ IT CAREFULLY. AGREED VALUE ENDORSEMENT modifies insurance prov'dedI under the following: This endorsement BUSINESS AUTO COVERAGE ~ORM PUBLIC ENTITY AUTO COVERAGE FORM For covered "autos" designated in the schedule as being insured on an agreed-value basis, the following provisions of SECTION Ill -- PHYSICAL DAMAGE COVERAGE are changed: A, COVERAGE 1. We will pay for "loss" to a covered "auto" or its "permanently attached equipment". C. LIMIT OF INSURANCE The most we will pay for "loss" to any one covered "auto" in any one accident is the least of: 1. The cost of repairing the damaged property; or 2. The cost to replace a part or parts of the damaged property as of the time of the loss with a part or parts of like kind and quality, without deduction for depreciation, or 3. The cost to replace the entire covered "auto" and its "permanently attached equipment" as of the time of the loss with a comparable new "auto" and "permanently attached equipment" manufactured to current specifications or standards set by nationally recognized brganizations such as NFPA or the U.S. Department of Transportation; or 4. The limit stated in the declarations as ~pplicable to the damaged or stolen property. Wth~. respect to owned or leased "autos" you acquire after the policy begins and not described in t~e declarations, the most we will pay is the least of Items 1, 2, or 3 described above. All other' provisions of SECTION III -- PHYSICAL DAMAG~= COVERAGE are unchanged. Add~bonal defln~t ons applicable to this endorsement: "Autos" ~hall include customization and its equipment other th~n portable firefighting and/or rescue-related equipme,'nt. Permanently attached equipment" means equipment that is Welded, bolted or permanently screwed to the dashboard, firewall or body of the "auto". Equipment nserted on permanently installed slide brackets with or without the use of setscrews or tension, or portable firefightihg and/or rescue-related equipment shall not be construed as permanent y attached equ pment. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCI- INGED AUTHORIZED REPRESENTATIVE AT 25281 (9/99) DATE ENDORSEMENT NO. ATI'ACHED TO AND ENDORSEMENT EFFECTIVE (Standard Time~, i INSURED AGENCY AND CODE FORMING A PART OF POLICY NUMBER MO. DAY YR. 12:01 NOON A.M. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FREEZING COVERAGE--FIRE AND OTHER EMERGENCY VEHICLES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PUBLIC ENTITY AUTO COVERAGE FORM Exclusion 3.a., relating to loss caused by freezing, contained in SECTION II~HYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, does not apply to: Any "loss" to permanently attached special equipment common to an ~mergency vehicle caused by freezing, unless the "loss" is caused by your failure to properly maintain such equipment. Such equipment shall include, but is not limited to, pumps, gauges and tanks. In no event will the "loss" to an automobile engine caused by freezing be covered by this policy. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCH, AUTHORIZED REPRESENTATIVE AT 25286 (9/99) ~NGED DATE