Agenda Item
ii. RFP 20-472, Charter Bus Services Contract Extension Ratification and Approval, Allstate Tours, American Coach Lines, Coast to Coast Tours, LLC, Friendship Tours, LLC, Harmon Brothers, Kelly Tours, Inc., Kingsmen Coach Lines, R&W Motorcoach, Inc., Samson Tours, Inc., Southeastern Stages, Inc., and We Care Charters (Fourth (4th) of four (4) One-Year Contract Renewal Options)
Summary: Presented by: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations
Request: It is requested that the Board of Education ratify and approve the contract extension for RFP 20-472, Charter Bus Services to Allstate Tours, American Coach Lines, Coast to Coast Tours, LLC, Friendship Tours, LLC, Harmon Brothers, Kelly Tours, Inc., Kingsmen Coach Lines, R&W Motorcoach, Inc., Samson Tours, Inc., Southeastern Stages, Inc., and We Care Charters for one additional year through December 31, 2024. This recommendation is for the fourth (4th) of four (4) one-year contract renewal options.
Why: An extension of this bid will allow the District to provide services that require travel outside the 75-mile radius limitation of the DCSD Transportation Department for student activities.
Details: DCSD requested proposals from qualified commercial carriers to provide charter bus services as needed. On October 7, 2019, the Board of Education approved A National Limousine Services, American Coach Lines, Atlantic Transportation & Coaches, Coast to Coast Tours, LLC, Allstate Tours, LLC dba Elite Tours of Atlanta, Friendship Tours, LLC, Georgia Coach Lines, Inc., Harmon Brothers Charter Service, Inc., Kelly Tours, Inc., Kingsmen Coach Lines, R & W Motor Coach, Samson Tours, Inc., and Southeastern Stages, Inc., and We Care Charters as the most responsive and responsible firms to provide charter bus services on an as-needed basis. On December 9, 2019, the Board of Education approved adding We Care Charters to the previously approved list after determining that their vehicles passed the on-site inspection. With the exception of A National Limousine Services, Atlantic Transportation & Coaches, and Georgia Coach Lines, Inc., all the above vendors are being recommended for their contract renewal option.
Financial impact: These services are paid for by the local school or department utilizing the service and will be paid for from multiple charge codes.
Contact: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations, 678.676.1475
Mr. Keith Singleton, Director of Business Services, Division of Operations, 678.676.1422
Effective: Upon Board Approval
Status: Approved by General Counsel
DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 11/30/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Lisa Lewis
NAME:
PointeNorth Insurance Group, LLC PHONE (770) 858-7540 FAX (770) 858-7545
(A/C, No, Ext): (A/C, No):
PO Box 724728 E-MAIL lisa.lewis@pninsurance.com
ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC #
Atlanta GA 31139 INSURER A : National Interstate Insurance 32620
INSURED INSURER B : Bridgefield Casualty Ins 10335
Southeastern Stages, Inc. INSURER C :
260 University Avenue, S.W. INSURER D :
INSURER E :
Atlanta GA 30315-2125 INSURER F :
COVERAGES CERTIFICATE NUMBER: 23-24 MASTER REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 5,000,000
DAMAGE TO RENTED 100,000
CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $
MED EXP (Any one person) $ 5,000
A Y Y GLR 0110541-05 12/01/2023 12/01/2024 PERSONAL & ADV INJURY $ 5,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000
PRO- 5,000,000
POLICY JECT LOC PRODUCTS - COMP/OP AGG $
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 5,000,000
(Ea accident)
ANY AUTO BODILY INJURY (Per person) $
A OWNED SCHEDULED Y Y CAR 0110541-05 12/01/2023 12/01/2024 BODILY INJURY (Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY (Per accident)
Assault and Battery $ 50,000
Liability
UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 5,000,000
A EXCESS LIAB CLAIMS-MADE EXR 0110541-05 12/01/2023 12/01/2024 AGGREGATE $ 5,000,000
DED RETENTION $ $
WORKERS COMPENSATION PER OTH-
AND EMPLOYERS' LIABILITY STATUTE ER
Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000
B OFFICER/MEMBER EXCLUDED? Y N/A Y 196-54237 12/01/2023 12/01/2024
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
DeKalb County School District ACCORDANCE WITH THE POLICY PROVISIONS.
1701 Mountain Industrial Blvd.
AUTHORIZED REPRESENTATIVE
Stone Mountain GA 30083
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
AGENCY CUSTOMER ID: 00040096
LOC #:
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY NAMED INSURED
PointeNorth Insurance Group, LLC Southeastern Stages, Inc.
POLICY NUMBER
CARRIER NAIC CODE
EFFECTIVE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance: Notes
CERTIFICATE HOLDER CONTINUED:
DeKalb County School District and DeKalb County Board of Education with respect to operations of the insured
ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
ADDITIONAL COVERAGES
Ref # Description Coverage Code Form No. Edition Date
Specified perils- PP/Service
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
1,000
Ref # Description Coverage Code Form No. Edition Date
UM/UIM Property Damage UUPD
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
25,000
Ref # Description Coverage Code Form No. Edition Date
COLLISION- PP/Service
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
1,000
Ref # Description Coverage Code Form No. Edition Date
Specified perils- Charter Bus
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
10,000
Ref # Description Coverage Code Form No. Edition Date
COLLISION- Charter Bus
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
10,000
Ref # Description Coverage Code Form No. Edition Date
Uninsured/Underinsured Motorist BI UMUIM
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
25,000 50,000
Ref # Description Coverage Code Form No. Edition Date
Premium discount PDIS
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
-$1,633.31
Ref # Description Coverage Code Form No. Edition Date
Increased employer's liability INEL
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
1,000,000 $601.01
Ref # Description Coverage Code Form No. Edition Date
Waiver of Subrogation WVSUB
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
$259.72
Ref # Description Coverage Code Form No. Edition Date
Drug Free Credit DRUGF
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
-$669.42
Ref # Description Coverage Code Form No. Edition Date
Waiver of Subrogation WVSUB
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
$1,092.75
OFADTLCV Copyright 2001, AMS Services, Inc.
ADDITIONAL COVERAGES
Ref # Description Coverage Code Form No. Edition Date
Premium discount PDIS
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
-$6,781.50
Ref # Description Coverage Code Form No. Edition Date
Experience Mod Factor 1 EXP01
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
1,000,000 $1,526.27
Ref # Description Coverage Code Form No. Edition Date
Expense constant EXCNT
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
$230.00
Ref # Description Coverage Code Form No. Edition Date
Schedule rate adjustment SRA
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
$3,154.55
Ref # Description Coverage Code Form No. Edition Date
Experience Mod Factor 1 EXP01
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
1,000,000 $6,759.75
Ref # Description Coverage Code Form No. Edition Date
Increased employer's liability INEL
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
1,000,000 $142.84
Ref # Description Coverage Code Form No. Edition Date
Schedule rate adjustment SRA
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
$1,709.42
Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
OFADTLCV Copyright 2001, AMS Services, Inc.
Policy CAR 0110541-05
POLICY NUMBER:GLR 0110541-05 COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
ON FILE WITH THE COMPANY
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to B. With respect to the insurance afforded to these
include as an additional insured the person(s) additional insureds, the following additional
or organization(s) shown in the Schedule, but exclusions apply:
only with respect to liability for "bodily injury", This insurance does not apply to "bodily injury"
"property damage" or "personal and adver- or "property damage" occurring after:
tising injury" caused, in whole or in part, by:
1. All work, including materials, parts or
1. Your acts or omissions; or equipment furnished in connection with
2. The acts or omissions of those acting on such work, on the project (other than
your behalf; service, maintenance or repairs) to be
in the performance of your ongoing operations performed by or on behalf of the additional
for the additional insured(s) at the location(s) insured(s) at the location of the covered
designated above. operations has been completed; or
However: 2. That portion of "your work" out of which
the injury or damage arises has been put to
1. The insurance afforded to such additional its intended use by any person or organiz a-
insured only applies to the extent permitted tion other than another contractor or sub-
by law; and contractor engaged in performing opera-
2. If coverage provided to the additional in- tions for a principal as a part of the same
sured is required by a contract or agree- project.
ment, the insurance afforded to such addi-
tional insured will not be broader than that
which you are required by the contract or
agreement to provide for such additional
insured.
CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2
C. With respect to the insurance afforded to these 2. Available under the applicable Limits of
additional insureds, the following is added to Insurance shown in the Declarations;
Section III – Limits Of Insurance: whichever is less.
If coverage provided to the additional insured is This endorsement shall not increase the appli-
required by a contract or agreement, the most cable Limits of Insurance shown in the Declara-
we will pay on behalf of the additional insured tions.
is the amount of insurance:
1. Required by the contract or agreement; or
Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13
Policy #GLR0110541-05
Policy# CAR 0110541-05
COMMERCIAL AUTO
CA 04 49 11 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY –
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
A. The following is added to the Other Insurance B. The following is added to the Other Insurance
Condition in the Business Auto Coverage Form Condition in the Auto Dealers Coverage Form and
and the Other Insurance – Primary And Excess supersedes any provision to the contrary:
Insurance Provisions in the Motor Carrier This Coverage Form's Covered Autos Liability
Coverage Form and supersedes any provision to Coverage and General Liability Coverages are
the contrary: primary to and will not seek contribution from any
This Coverage Form's Covered Autos Liability other insurance available to an "insured" under
Coverage is primary to and will not seek your policy provided that:
contribution from any other insurance available to 1. Such "insured" is a Named Insured under such
an "insured" under your policy provided that: other insurance; and
1. Such "insured" is a Named Insured under such 2. You have agreed in writing in a contract or
other insurance; and agreement that this insurance would be
2. You have agreed in writing in a contract or primary and would not seek contribution from
agreement that this insurance would be any other insurance available to such
primary and would not seek contribution from "insured".
any other insurance available to such
"insured".
CA 04 49 11 16 © Insurance Services Office, Inc., 2016 Page 1 of 1
Policy #CAR0110541-05
COMMERCIAL AUTO
CA 00 01 10 13
BUSINESS AUTO COVERAGE FORM
Various provisions in this policy restrict coverage. SECTION I – COVERED AUTOS
Read the entire policy carefully to determine rights, Item Two of the Declarations shows the "autos" that
duties and what is and is not covered. are covered "autos" for each of your coverages. The
Throughout this policy the words "you" and "your" following numerical symbols describe the "autos" that
refer to the Named Insured shown in the Declarations. may be covered "autos". The symbols entered next to
The words "we", "us" and "our" refer to the company a coverage on the Declarations designate the only
providing this insurance. "autos" that are covered "autos".
Other words and phrases that appear in quotation A. Description Of Covered Auto Designation
marks have special meaning. Refer to Section V – Symbols
Definitions.
Symbol Description Of Covered Auto Designation Symbols
1 Any "Auto"
2 Owned "Autos" Only those "autos" you own (and for Covered Autos Liability Coverage any
Only "trailers" you don't own while attached to power units you own). This includes
those "autos" you acquire ownership of after the policy begins.
3 Owned Private Only the private passenger "autos" you own. This includes those private
Passenger passenger "autos" you acquire ownership of after the policy begins.
"Autos" Only
4 Owned Only those "autos" you own that are not of the private passenger type (and for
"Autos" Other Covered Autos Liability Coverage any "trailers" you don't own while attached to
Than Private power units you own). This includes those "autos" not of the private passenger
Passenger type you acquire ownership of after the policy begins.
"Autos" Only
5 Owned "Autos" Only those "autos" you own that are required to have no-fault benefits in the state
Subject To where they are licensed or principally garaged. This includes those "autos" you
No-fault acquire ownership of after the policy begins provided they are required to have no-
fault benefits in the state where they are licensed or principally garaged.
6 Owned "Autos" Only those "autos" you own that because of the law in the state where they are
Subject To A licensed or principally garaged are required to have and cannot reject Uninsured
Compulsory Motorists Coverage. This includes those "autos" you acquire ownership of after the
Uninsured policy begins provided they are subject to the same state uninsured motorists
Motorists Law requirement.
7 Specifically Only those "autos" described in Item Three of the Declarations for which a
Described premium charge is shown (and for Covered Autos Liability Coverage any "trailers"
"Autos" you don't own while attached to any power unit described in Item Three).
8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any "auto"
Only you lease, hire, rent or borrow from any of your "employees", partners (if you are a
partnership), members (if you are a limited liability company) or members of their
households.
9 Non-owned Only those "autos" you do not own, lease, hire, rent or borrow that are used in
"Autos" Only connection with your business. This includes "autos" owned by your "employees",
partners (if you are a partnership), members (if you are a limited liability company)
or members of their households but only while used in your business or your
personal affairs.
CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 12
19 Mobile Only those "autos" that are land vehicles and that would qualify under the definition
Equipment of "mobile equipment" under this policy if they were not subject to a compulsory or
Subject To financial responsibility law or other motor vehicle insurance law where they are
Compulsory Or licensed or principally garaged.
Financial
Responsibility
Or Other Motor
Vehicle
Insurance Law
Only
B. Owned Autos You Acquire After The Policy SECTION II – COVERED AUTOS LIABILITY
Begins COVERAGE
1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered A. Coverage
next to a coverage in Item Two of the We will pay all sums an "insured" legally must pay
Declarations, then you have coverage for as damages because of "bodily injury" or "property
"autos" that you acquire of the type described damage" to which this insurance applies, caused
for the remainder of the policy period. by an "accident" and resulting from the ownership,
2. But, if Symbol 7 is entered next to a coverage maintenance or use of a covered "auto".
in Item Two of the Declarations, an "auto" you We will also pay all sums an "insured" legally must
acquire will be a covered "auto" for that pay as a "covered pollution cost or expense" to
coverage only if: which this insurance applies, caused by an
a. We already cover all "autos" that you own "accident" and resulting from the ownership,
for that coverage or it replaces an "auto" maintenance or use of covered "autos". However,
you previously owned that had that we will only pay for the "covered pollution cost or
coverage; and expense" if there is either "bodily injury" or
b. You tell us within 30 days after you acquire "property damage" to which this insurance applies
it that you want us to cover it for that that is caused by the same "accident".
coverage. We have the right and duty to defend any
C. Certain Trailers, Mobile Equipment And "insured" against a "suit" asking for such damages
Temporary Substitute Autos or a "covered pollution cost or expense". However,
we have no duty to defend any "insured" against a
If Covered Autos Liability Coverage is provided by "suit" seeking damages for "bodily injury" or
this Coverage Form, the following types of "property damage" or a "covered pollution cost or
vehicles are also covered "autos" for Covered expense" to which this insurance does not apply.
Autos Liability Coverage: We may investigate and settle any claim or "suit"
1. "Trailers" with a load capacity of 2,000 pounds as we consider appropriate. Our duty to defend or
or less designed primarily for travel on public settle ends when the Covered Autos Liability
roads. Coverage Limit of Insurance has been exhausted
2. "Mobile equipment" while being carried or by payment of judgments or settlements.
towed by a covered "auto". 1. Who Is An Insured
3. Any "auto" you do not own while used with the The following are "insureds":
permission of its owner as a temporary a. You for any covered "auto".
substitute for a covered "auto" you own that is
out of service because of its: b. Anyone else while using with your
permission a covered "auto" you own, hire
a. Breakdown; or borrow except:
b. Repair; (1) The owner or anyone else from whom
c. Servicing; you hire or borrow a covered "auto".
d. "Loss"; or This exception does not apply if the
e. Destruction. covered "auto" is a "trailer" connected to
a covered "auto" you own.
Page 2 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13
(2) Your "employee" if the covered "auto" is These payments will not reduce the Limit of
owned by that "employee" or a member Insurance.
of his or her household. b. Out-of-state Coverage Extensions
(3) Someone using a covered "auto" while While a covered "auto" is away from the
he or she is working in a business of state where it is licensed, we will:
selling, servicing, repairing, parking or
storing "autos" unless that business is (1) Increase the Limit of Insurance for
yours. Covered Autos Liability Coverage to
meet the limits specified by a
(4) Anyone other than your "employees", compulsory or financial responsibility
partners (if you are a partnership), law of the jurisdiction where the covered
members (if you are a limited liability "auto" is being used. This extension
company) or a lessee or borrower or does not apply to the limit or limits
any of their "employees", while moving specified by any law governing motor
property to or from a covered "auto". carriers of passengers or property.
(5) A partner (if you are a partnership) or a (2) Provide the minimum amounts and
member (if you are a limited liability types of other coverages, such as no-
company) for a covered "auto" owned by fault, required of out-of-state vehicles by
him or her or a member of his or her the jurisdiction where the covered "auto"
household. is being used.
c. Anyone liable for the conduct of an We will not pay anyone more than once for
"insured" described above but only to the the same elements of loss because of
extent of that liability. these extensions.
2. Coverage Extensions B. Exclusions
a. Supplementary Payments This insurance does not apply to any of the
We will pay for the "insured": following:
(1) All expenses we incur. 1. Expected Or Intended Injury
(2) Up to $2,000 for cost of bail bonds "Bodily injury" or "property damage" expected
(including bonds for related traffic law or intended from the standpoint of the
violations) required because of an "insured".
"accident" we cover. We do not have to 2. Contractual
furnish these bonds.
Liability assumed under any contract or
(3) The cost of bonds to release agreement.
attachments in any "suit" against the
"insured" we defend, but only for bond But this exclusion does not apply to liability for
amounts within our Limit of Insurance. damages:
(4) All reasonable expenses incurred by the a. Assumed in a contract or agreement that is
"insured" at our request, including actual an "insured contract", provided the "bodily
loss of earnings up to $250 a day injury" or "property damage" occurs
because of time off from work. subsequent to the execution of the contract
or agreement; or
(5) All court costs taxed against the
"insured" in any "suit" against the b. That the "insured" would have in the
"insured" we defend. However, these absence of the contract or agreement.
payments do not include attorneys' fees 3. Workers' Compensation
or attorneys' expenses taxed against the
Any obligation for which the "insured" or the
"insured".
"insured's" insurer may be held liable under
(6) All interest on the full amount of any any workers' compensation, disability benefits
judgment that accrues after entry of the or unemployment compensation law or any
judgment in any "suit" against the similar law.
"insured" we defend, but our duty to pay
interest ends when we have paid,
offered to pay or deposited in court the
part of the judgment that is within our
Limit of Insurance.
CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 3 of 12
4. Employee Indemnification And Employer's b. After it is moved from the covered "auto" to
Liability the place where it is finally delivered by the
"Bodily injury" to: "insured".
a. An "employee" of the "insured" arising out 8. Movement Of Property By Mechanical
of and in the course of: Device
(1) Employment by the "insured"; or "Bodily injury" or "property damage" resulting
from the movement of property by a
(2) Performing the duties related to the mechanical device (other than a hand truck)
conduct of the "insured's" business; or unless the device is attached to the covered
b. The spouse, child, parent, brother or sister "auto".
of that "employee" as a consequence of 9. Operations
Paragraph a. above.
"Bodily injury" or "property damage" arising out
This exclusion applies: of the operation of:
(1) Whether the "insured" may be liable as a. Any equipment listed in Paragraphs 6.b.
an employer or in any other capacity; and 6.c. of the definition of "mobile
and equipment"; or
(2) To any obligation to share damages with b. Machinery or equipment that is on, attached
or repay someone else who must pay to or part of a land vehicle that would
damages because of the injury. qualify under the definition of "mobile
But this exclusion does not apply to "bodily equipment" if it were not subject to a
injury" to domestic "employees" not entitled to compulsory or financial responsibility law or
workers' compensation benefits or to liability other motor vehicle insurance law where it
assumed by the "insured" under an "insured is licensed or principally garaged.
contract". For the purposes of the Coverage 10. Completed Operations
Form, a domestic "employee" is a person
engaged in household or domestic work "Bodily injury" or "property damage" arising out
performed principally in connection with a of your work after that work has been
residence premises. completed or abandoned.
5. Fellow Employee In this exclusion, your work means:
"Bodily injury" to: a. Work or operations performed by you or on
your behalf; and
a. Any fellow "employee" of the "insured"
arising out of and in the course of the fellow b. Materials, parts or equipment furnished in
"employee's" employment or while connection with such work or operations.
performing duties related to the conduct of Your work includes warranties or
your business; or representations made at any time with respect
b. The spouse, child, parent, brother or sister to the fitness, quality, durability or performance
of that fellow "employee" as a consequence of any of the items included in Paragraph a. or
of Paragraph a. above. b. above.
6. Care, Custody Or Control Your work will be deemed completed at the
earliest of the following times:
"Property damage" to or "covered pollution cost
or expense" involving property owned or (1) When all of the work called for in your
transported by the "insured" or in the contract has been completed;
"insured's" care, custody or control. But this (2) When all of the work to be done at the
exclusion does not apply to liability assumed site has been completed if your contract
under a sidetrack agreement. calls for work at more than one site; or
7. Handling Of Property (3) When that part of the work done at a job
"Bodily injury" or "property damage" resulting site has been put to its intended use by
from the handling of property: any person or organization other than
another contractor or subcontractor
a. Before it is moved from the place where it is working on the same project.
accepted by the "insured" for movement
into or onto the covered "auto"; or
Page 4 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13
Work that may need service, maintenance, Paragraphs b. and c. above of this exclusion
correction, repair or replacement, but which is do not apply to "accidents" that occur away
otherwise complete, will be treated as from premises owned by or rented to an
completed. "insured" with respect to "pollutants" not in or
11. Pollution upon a covered "auto" if:
"Bodily injury" or "property damage" arising out (a) The "pollutants" or any property in
of the actual, alleged or threatened discharge, which the "pollutants" are contained
dispersal, seepage, migration, release or are upset, overturned or damaged as
escape of "pollutants": a result of the maintenance or use of
a covered "auto"; and
a. That are, or that are contained in any
property that is: (b) The discharge, dispersal, seepage,
migration, release or escape of the
(1) Being transported or towed by, handled "pollutants" is caused directly by
or handled for movement into, onto or such upset, overturn or damage.
from the covered "auto";
12. War
(2) Otherwise in the course of transit by or
on behalf of the "insured"; or "Bodily injury" or "property damage" arising
directly or indirectly out of:
(3) Being stored, disposed of, treated or
processed in or upon the covered a. War, including undeclared or civil war;
"auto"; b. Warlike action by a military force, including
b. Before the "pollutants" or any property in action in hindering or defending against an
which the "pollutants" are contained are actual or expected attack, by any
moved from the place where they are government, sovereign or other authority
accepted by the "insured" for movement using military personnel or other agents; or
into or onto the covered "auto"; or c. Insurrection, rebellion, revolution, usurped
c. After the "pollutants" or any property in power or action taken by governmental
which the "pollutants" are contained are authority in hindering or defending against
moved from the covered "auto" to the place any of these.
where they are finally delivered, disposed of 13. Racing
or abandoned by the "insured". Covered "autos" while used in any professional
Paragraph a. above does not apply to fuels, or organized racing or demolition contest or
lubricants, fluids, exhaust gases or other stunting activity, or while practicing for such
similar "pollutants" that are needed for or result contest or activity. This insurance also does
from the normal electrical, hydraulic or not apply while that covered "auto" is being
mechanical functioning of the covered "auto" or prepared for such a contest or activity.
its parts if: C. Limit Of Insurance
(1) The "pollutants" escape, seep, migrate Regardless of the number of covered "autos",
or are discharged, dispersed or released "insureds", premiums paid, claims made or
directly from an "auto" part designed by vehicles involved in the "accident", the most we
its manufacturer to hold, store, receive will pay for the total of all damages and "covered
or dispose of such "pollutants"; and pollution cost or expense" combined resulting from
(2) The "bodily injury", "property damage" or any one "accident" is the Limit Of Insurance for
"covered pollution cost or expense" Covered Autos Liability Coverage shown in the
does not arise out of the operation of Declarations.
any equipment listed in Paragraphs 6.b.
and 6.c. of the definition of "mobile
equipment".
CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 5 of 12
All "bodily injury", "property damage" and "covered 3. Glass Breakage – Hitting A Bird Or Animal –
pollution cost or expense" resulting from Falling Objects Or Missiles
continuous or repeated exposure to substantially If you carry Comprehensive Coverage for the
the same conditions will be considered as damaged covered "auto", we will pay for the
resulting from one "accident". following under Comprehensive Coverage:
No one will be entitled to receive duplicate a. Glass breakage;
payments for the same elements of "loss" under
this Coverage Form and any Medical Payments b. "Loss" caused by hitting a bird or animal;
Coverage endorsement, Uninsured Motorists and
Coverage endorsement or Underinsured Motorists c. "Loss" caused by falling objects or missiles.
Coverage endorsement attached to this Coverage
However, you have the option of having glass
Part.
breakage caused by a covered "auto's"
SECTION III – PHYSICAL DAMAGE COVERAGE collision or overturn considered a "loss" under
A. Coverage Collision Coverage.
1. We will pay for "loss" to a covered "auto" or its 4. Coverage Extensions
equipment under: a. Transportation Expenses
a. Comprehensive Coverage We will pay up to $20 per day, to a
From any cause except: maximum of $600, for temporary
transportation expense incurred by you
(1) The covered "auto's" collision with because of the total theft of a covered
another object; or "auto" of the private passenger type. We
(2) The covered "auto's" overturn. will pay only for those covered "autos" for
b. Specified Causes Of Loss Coverage which you carry either Comprehensive or
Specified Causes Of Loss Coverage. We
Caused by: will pay for temporary transportation
(1) Fire, lightning or explosion; expenses incurred during the period
beginning 48 hours after the theft and
(2) Theft;
ending, regardless of the policy's expiration,
(3) Windstorm, hail or earthquake; when the covered "auto" is returned to use
(4) Flood; or we pay for its "loss".
(5) Mischief or vandalism; or b. Loss Of Use Expenses
(6) The sinking, burning, collision or For Hired Auto Physical Damage, we will
derailment of any conveyance pay expenses for which an "insured"
transporting the covered "auto". becomes legally responsible to pay for loss
of use of a vehicle rented or hired without a
c. Collision Coverage
driver under a written rental contract or
Caused by: agreement. We will pay for loss of use
(1) The covered "auto's" collision with expenses if caused by:
another object; or (1) Other than collision only if the
(2) The covered "auto's" overturn. Declarations indicates that
Comprehensive Coverage is provided
2. Towing for any covered "auto";
We will pay up to the limit shown in the (2) Specified Causes Of Loss only if the
Declarations for towing and labor costs Declarations indicates that Specified
incurred each time a covered "auto" of the Causes Of Loss Coverage is provided
private passenger type is disabled. However, for any covered "auto"; or
the labor must be performed at the place of
disablement.
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(3) Collision only if the Declarations b. Any device designed or used to detect
indicates that Collision Coverage is speed-measuring equipment, such as radar
provided for any covered "auto". or laser detectors, and any jamming
However, the most we will pay for any apparatus intended to elude or disrupt
expenses for loss of use is $20 per day, to speed-measuring equipment.
a maximum of $600. c. Any electronic equipment, without regard to
B. Exclusions whether this equipment is permanently
installed, that reproduces, receives or
1. We will not pay for "loss" caused by or resulting transmits audio, visual or data signals.
from any of the following. Such "loss" is
excluded regardless of any other cause or d. Any accessories used with the electronic
event that contributes concurrently or in any equipment described in Paragraph c.
sequence to the "loss". above.
a. Nuclear Hazard 5. Exclusions 4.c. and 4.d. do not apply to
equipment designed to be operated solely by
(1) The explosion of any weapon employing use of the power from the "auto's" electrical
atomic fission or fusion; or system that, at the time of "loss", is:
(2) Nuclear reaction or radiation, or a. Permanently installed in or upon the
radioactive contamination, however covered "auto";
caused.
b. Removable from a housing unit which is
b. War Or Military Action permanently installed in or upon the
(1) War, including undeclared or civil war; covered "auto";
(2) Warlike action by a military force, c. An integral part of the same unit housing
including action in hindering or any electronic equipment described in
defending against an actual or expected Paragraphs a. and b. above; or
attack, by any government, sovereign or d. Necessary for the normal operation of the
other authority using military personnel covered "auto" or the monitoring of the
or other agents; or covered "auto's" operating system.
(3) Insurrection, rebellion, revolution, 6. We will not pay for "loss" to a covered "auto"
usurped power or action taken by due to "diminution in value".
governmental authority in hindering or
defending against any of these. C. Limits Of Insurance
2. We will not pay for "loss" to any covered "auto" 1. The most we will pay for:
while used in any professional or organized a. "Loss" to any one covered "auto" is the
racing or demolition contest or stunting activity, lesser of:
or while practicing for such contest or activity. (1) The actual cash value of the damaged
We will also not pay for "loss" to any covered or stolen property as of the time of the
"auto" while that covered "auto" is being "loss"; or
prepared for such a contest or activity.
(2) The cost of repairing or replacing the
3. We will not pay for "loss" due and confined to: damaged or stolen property with other
a. Wear and tear, freezing, mechanical or property of like kind and quality.
electrical breakdown. b. All electronic equipment that reproduces,
b. Blowouts, punctures or other road damage receives or transmits audio, visual or data
to tires. signals in any one "loss" is $1,000, if, at the
This exclusion does not apply to such "loss" time of "loss", such electronic equipment is:
resulting from the total theft of a covered (1) Permanently installed in or upon the
"auto". covered "auto" in a housing, opening or
4. We will not pay for "loss" to any of the other location that is not normally used
following: by the "auto" manufacturer for the
installation of such equipment;
a. Tapes, records, discs or other similar audio,
visual or data electronic devices designed
for use with audio, visual or data electronic
equipment.
CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 7 of 12
(2) Removable from a permanently installed (2) The "insured's" name and address; and
housing unit as described in Paragraph (3) To the extent possible, the names and
b.(1) above; or addresses of any injured persons and
(3) An integral part of such equipment as witnesses.
described in Paragraphs b.(1) and b.(2) b. Additionally, you and any other involved
above. "insured" must:
2. An adjustment for depreciation and physical (1) Assume no obligation, make no
condition will be made in determining actual payment or incur no expense without
cash value in the event of a total "loss". our consent, except at the "insured's"
3. If a repair or replacement results in better than own cost.
like kind or quality, we will not pay for the (2) Immediately send us copies of any
amount of the betterment. request, demand, order, notice,
D. Deductible summons or legal paper received
For each covered "auto", our obligation to pay for, concerning the claim or "suit".
repair, return or replace damaged or stolen (3) Cooperate with us in the investigation or
property will be reduced by the applicable settlement of the claim or defense
deductible shown in the Declarations. Any against the "suit".
Comprehensive Coverage deductible shown in the (4) Authorize us to obtain medical records
Declarations does not apply to "loss" caused by or other pertinent information.
fire or lightning.
(5) Submit to examination, at our expense,
SECTION IV – BUSINESS AUTO CONDITIONS by physicians of our choice, as often as
The following conditions apply in addition to the we reasonably require.
Common Policy Conditions: c. If there is "loss" to a covered "auto" or its
A. Loss Conditions equipment, you must also do the following:
1. Appraisal For Physical Damage Loss (1) Promptly notify the police if the covered
If you and we disagree on the amount of "loss", "auto" or any of its equipment is stolen.
either may demand an appraisal of the "loss". (2) Take all reasonable steps to protect the
In this event, each party will select a competent covered "auto" from further damage.
appraiser. The two appraisers will select a Also keep a record of your expenses for
competent and impartial umpire. The consideration in the settlement of the
appraisers will state separately the actual cash claim.
value and amount of "loss". If they fail to agree, (3) Permit us to inspect the covered "auto"
they will submit their differences to the umpire. and records proving the "loss" before its
A decision agreed to by any two will be repair or disposition.
binding. Each party will:
(4) Agree to examinations under oath at our
a. Pay its chosen appraiser; and request and give us a signed statement
b. Bear the other expenses of the appraisal of your answers.
and umpire equally. 3. Legal Action Against Us
If we submit to an appraisal, we will still retain No one may bring a legal action against us
our right to deny the claim. under this Coverage Form until:
2. Duties In The Event Of Accident, Claim, Suit a. There has been full compliance with all the
Or Loss terms of this Coverage Form; and
We have no duty to provide coverage under b. Under Covered Autos Liability Coverage,
this policy unless there has been full we agree in writing that the "insured" has an
compliance with the following duties: obligation to pay or until the amount of that
a. In the event of "accident", claim, "suit" or obligation has finally been determined by
"loss", you must give us or our authorized judgment after trial. No one has the right
representative prompt notice of the under this policy to bring us into an action
"accident" or "loss". Include: to determine the "insured's" liability.
(1) How, when and where the "accident" or
"loss" occurred;
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4. Loss Payment – Physical Damage 5. Other Insurance
Coverages a. For any covered "auto" you own, this
At our option, we may: Coverage Form provides primary
a. Pay for, repair or replace damaged or insurance. For any covered "auto" you don't
stolen property; own, the insurance provided by this
Coverage Form is excess over any other
b. Return the stolen property, at our expense. collectible insurance. However, while a
We will pay for any damage that results to covered "auto" which is a "trailer" is
the "auto" from the theft; or connected to another vehicle, the Covered
c. Take all or any part of the damaged or Autos Liability Coverage this Coverage
stolen property at an agreed or appraised Form provides for the "trailer" is:
value. (1) Excess while it is connected to a motor
If we pay for the "loss", our payment will vehicle you do not own; or
include the applicable sales tax for the (2) Primary while it is connected to a
damaged or stolen property. covered "auto" you own.
5. Transfer Of Rights Of Recovery Against b. For Hired Auto Physical Damage Coverage,
Others To Us any covered "auto" you lease, hire, rent or
If any person or organization to or for whom we borrow is deemed to be a covered "auto"
make payment under this Coverage Form has you own. However, any "auto" that is
rights to recover damages from another, those leased, hired, rented or borrowed with a
rights are transferred to us. That person or driver is not a covered "auto".
organization must do everything necessary to c. Regardless of the provisions of Paragraph
secure our rights and must do nothing after a. above, this Coverage Form's Covered
"accident" or "loss" to impair them. Autos Liability Coverage is primary for any
B. General Conditions liability assumed under an "insured
contract".
1. Bankruptcy
d. When this Coverage Form and any other
Bankruptcy or insolvency of the "insured" or the
Coverage Form or policy covers on the
"insured's" estate will not relieve us of any
obligations under this Coverage Form. same basis, either excess or primary, we
will pay only our share. Our share is the
2. Concealment, Misrepresentation Or Fraud proportion that the Limit of Insurance of our
This Coverage Form is void in any case of Coverage Form bears to the total of the
fraud by you at any time as it relates to this limits of all the Coverage Forms and
Coverage Form. It is also void if you or any policies covering on the same basis.
other "insured", at any time, intentionally 6. Premium Audit
conceals or misrepresents a material fact
concerning: a. The estimated premium for this Coverage
Form is based on the exposures you told us
a. This Coverage Form; you would have when this policy began. We
b. The covered "auto"; will compute the final premium due when
we determine your actual exposures. The
c. Your interest in the covered "auto"; or
estimated total premium will be credited
d. A claim under this Coverage Form. against the final premium due and the first
3. Liberalization Named Insured will be billed for the
balance, if any. The due date for the final
If we revise this Coverage Form to provide premium or retrospective premium is the
more coverage without additional premium date shown as the due date on the bill. If
charge, your policy will automatically provide the estimated total premium exceeds the
the additional coverage as of the day the final premium due, the first Named Insured
revision is effective in your state. will get a refund.
4. No Benefit To Bailee – Physical Damage b. If this policy is issued for more than one
Coverages year, the premium for this Coverage Form
We will not recognize any assignment or grant will be computed annually based on our
any coverage for the benefit of any person or rates or premiums in effect at the beginning
organization holding, storing or transporting of each year of the policy.
property for a fee regardless of any other
provision of this Coverage Form.
CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 9 of 12
7. Policy Period, Coverage Territory 2. Any other land vehicle that is subject to a
Under this Coverage Form, we cover compulsory or financial responsibility law or
"accidents" and "losses" occurring: other motor vehicle insurance law where it is
licensed or principally garaged.
a. During the policy period shown in the
Declarations; and However, "auto" does not include "mobile
equipment".
b. Within the coverage territory.
C. "Bodily injury" means bodily injury, sickness or
The coverage territory is: disease sustained by a person, including death
(1) The United States of America; resulting from any of these.
(2) The territories and possessions of the D. "Covered pollution cost or expense" means any
United States of America; cost or expense arising out of:
(3) Puerto Rico; 1. Any request, demand, order or statutory or
regulatory requirement that any "insured" or
(4) Canada; and
others test for, monitor, clean up, remove,
(5) Anywhere in the world if a covered contain, treat, detoxify or neutralize, or in any
"auto" of the private passenger type is way respond to, or assess the effects of,
leased, hired, rented or borrowed "pollutants"; or
without a driver for a period of 30 days
2. Any claim or "suit" by or on behalf of a
or less,
governmental authority for damages because
provided that the "insured's" responsibility to of testing for, monitoring, cleaning up,
pay damages is determined in a "suit" on the removing, containing, treating, detoxifying or
merits, in the United States of America, the neutralizing, or in any way responding to, or
territories and possessions of the United States assessing the effects of, "pollutants".
of America, Puerto Rico or Canada, or in a
settlement we agree to. "Covered pollution cost or expense" does not
include any cost or expense arising out of the
We also cover "loss" to, or "accidents" actual, alleged or threatened discharge, dispersal,
involving, a covered "auto" while being seepage, migration, release or escape of
transported between any of these places. "pollutants":
8. Two Or More Coverage Forms Or Policies a. That are, or that are contained in any
Issued By Us property that is:
If this Coverage Form and any other Coverage (1) Being transported or towed by, handled
Form or policy issued to you by us or any or handled for movement into, onto or
company affiliated with us applies to the same from the covered "auto";
"accident", the aggregate maximum Limit of
Insurance under all the Coverage Forms or (2) Otherwise in the course of transit by or
policies shall not exceed the highest applicable on behalf of the "insured"; or
Limit of Insurance under any one Coverage (3) Being stored, disposed of, treated or
Form or policy. This condition does not apply to processed in or upon the covered
any Coverage Form or policy issued by us or "auto";
an affiliated company specifically to apply as b. Before the "pollutants" or any property in
excess insurance over this Coverage Form. which the "pollutants" are contained are
SECTION V – DEFINITIONS moved from the place where they are
accepted by the "insured" for movement
A. "Accident" includes continuous or repeated
exposure to the same conditions resulting in into or onto the covered "auto"; or
"bodily injury" or "property damage". c. After the "pollutants" or any property in
which the "pollutants" are contained are
B. "Auto" means:
moved from the covered "auto" to the place
1. A land motor vehicle, "trailer" or semitrailer where they are finally delivered, disposed of
designed for travel on public roads; or or abandoned by the "insured".
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Paragraph a. above does not apply to fuels, 5. That part of any other contract or agreement
lubricants, fluids, exhaust gases or other pertaining to your business (including an
similar "pollutants" that are needed for or result indemnification of a municipality in connection
from the normal electrical, hydraulic or with work performed for a municipality) under
mechanical functioning of the covered "auto" or which you assume the tort liability of another to
its parts, if: pay for "bodily injury" or "property damage" to a
(1) The "pollutants" escape, seep, migrate third party or organization. Tort liability means
or are discharged, dispersed or released a liability that would be imposed by law in the
directly from an "auto" part designed by absence of any contract or agreement; or
its manufacturer to hold, store, receive 6. That part of any contract or agreement entered
or dispose of such "pollutants"; and into, as part of your business, pertaining to the
(2) The "bodily injury", "property damage" or rental or lease, by you or any of your
"covered pollution cost or expense" "employees", of any "auto". However, such
does not arise out of the operation of contract or agreement shall not be considered
any equipment listed in Paragraph 6.b. an "insured contract" to the extent that it
or 6.c. of the definition of "mobile obligates you or any of your "employees" to
equipment". pay for "property damage" to any "auto" rented
or leased by you or any of your "employees".
Paragraphs b. and c. above do not apply to
"accidents" that occur away from premises An "insured contract" does not include that part of
owned by or rented to an "insured" with respect any contract or agreement:
to "pollutants" not in or upon a covered "auto" a. That indemnifies a railroad for "bodily injury"
if: or "property damage" arising out of
(a) The "pollutants" or any property in construction or demolition operations, within
which the "pollutants" are contained 50 feet of any railroad property and
are upset, overturned or damaged as affecting any railroad bridge or trestle,
a result of the maintenance or use of tracks, roadbeds, tunnel, underpass or
a covered "auto"; and crossing;
(b) The discharge, dispersal, seepage, b. That pertains to the loan, lease or rental of
migration, release or escape of the an "auto" to you or any of your
"pollutants" is caused directly by "employees", if the "auto" is loaned, leased
such upset, overturn or damage. or rented with a driver; or
E. "Diminution in value" means the actual or c. That holds a person or organization
perceived loss in market value or resale value engaged in the business of transporting
which results from a direct and accidental "loss". property by "auto" for hire harmless for your
use of a covered "auto" over a route or
F. "Employee" includes a "leased worker". territory that person or organization is
"Employee" does not include a "temporary authorized to serve by public authority.
worker".
I. "Leased worker" means a person leased to you by
G. "Insured" means any person or organization a labor leasing firm under an agreement between
qualifying as an insured in the Who Is An Insured you and the labor leasing firm to perform duties
provision of the applicable coverage. Except with related to the conduct of your business. "Leased
respect to the Limit of Insurance, the coverage worker" does not include a "temporary worker".
afforded applies separately to each insured who is
seeking coverage or against whom a claim or J. "Loss" means direct and accidental loss or
"suit" is brought. damage.
H. "Insured contract" means: K. "Mobile equipment" means any of the following
types of land vehicles, including any attached
1. A lease of premises; machinery or equipment:
2. A sidetrack agreement; 1. Bulldozers, farm machinery, forklifts and other
3. Any easement or license agreement, except in vehicles designed for use principally off public
connection with construction or demolition roads;
operations on or within 50 feet of a railroad; 2. Vehicles maintained for use solely on or next to
4. An obligation, as required by ordinance, to premises you own or rent;
indemnify a municipality, except in connection 3. Vehicles that travel on crawler treads;
with work for a municipality;
CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 11 of 12
4. Vehicles, whether self-propelled or not, However, "mobile equipment" does not include
maintained primarily to provide mobility to land vehicles that are subject to a compulsory or
permanently mounted: financial responsibility law or other motor vehicle
a. Power cranes, shovels, loaders, diggers or insurance law where it is licensed or principally
drills; or garaged. Land vehicles subject to a compulsory or
financial responsibility law or other motor vehicle
b. Road construction or resurfacing equipment insurance law are considered "autos".
such as graders, scrapers or rollers;
L. "Pollutants" means any solid, liquid, gaseous or
5. Vehicles not described in Paragraph 1., 2., 3. thermal irritant or contaminant, including smoke,
or 4. above that are not self-propelled and are vapor, soot, fumes, acids, alkalis, chemicals and
maintained primarily to provide mobility to waste. Waste includes materials to be recycled,
permanently attached equipment of the reconditioned or reclaimed.
following types:
M. "Property damage" means damage to or loss of
a. Air compressors, pumps and generators, use of tangible property.
including spraying, welding, building
cleaning, geophysical exploration, lighting N. "Suit" means a civil proceeding in which:
and well-servicing equipment; or 1. Damages because of "bodily injury" or
b. Cherry pickers and similar devices used to "property damage"; or
raise or lower workers; or 2. A "covered pollution cost or expense";
6. Vehicles not described in Paragraph 1., 2., 3. to which this insurance applies, are alleged.
or 4. above maintained primarily for purposes "Suit" includes:
other than the transportation of persons or
cargo. However, self-propelled vehicles with a. An arbitration proceeding in which such
the following types of permanently attached damages or "covered pollution costs or
equipment are not "mobile equipment" but will expenses" are claimed and to which the
be considered "autos": "insured" must submit or does submit with
our consent; or
a. Equipment designed primarily for:
b. Any other alternative dispute resolution
(1) Snow removal; proceeding in which such damages or
(2) Road maintenance, but not construction "covered pollution costs or expenses" are
or resurfacing; or claimed and to which the insured submits
(3) Street cleaning; with our consent.
b. Cherry pickers and similar devices mounted O. "Temporary worker" means a person who is
on automobile or truck chassis and used to furnished to you to substitute for a permanent
raise or lower workers; and "employee" on leave or to meet seasonal or short-
term workload conditions.
c. Air compressors, pumps and generators,
including spraying, welding, building P. "Trailer" includes semitrailer.
cleaning, geophysical exploration, lighting
or well-servicing equipment.
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