Documente Academic
Documente Profesional
Documente Cultură
The ACE INA group of companies st ngly bel ieves in maintaining the privacy of information
we collect about individuals . We want you to understand how and why we use and d isclose
the collected information . The following provides details of our pract ices and procedures for
protecting the security of nonp ubl ic personal information that we have collected about
individuals . This privacy statement applies to pol icies underwritten by the ACE INA group
member companies listed below .
INFORMATION WE COLLECT
The information we collect will vary depending on the type of product or service individuals
seek or purchase, and may include :
• Information we receive from individuals, such as the ir name , address, age , phone
number , social security number , assets , income, or beneficiaries ;
• Information about individuals' transactions with us, with our affiliates, or with others,
such as policy coverage, premium, payment history, motor vehicle records ; and
Information we receive from a consumer reporting agency, such as a credit history .
- ,.
INFONATION WE DISCLOSE
We do not disclose any personal informat ion to anyone except as is necessary i n order to
provide our products or services to a person , or otherwise as we are required or permitted by
law.
We may disclose any of the information that we collect to compan ies that perform marketing
services on our behalf or to other fi n ancial institutions with whom we have joint marketing
agreements.
Keeping information accurate and up to date is important to us . Individuals may see and
correct their personal information that we collect except for information relating to a claim or a
criminal or civil proceeding .
We restrict access to personal information to our employees, our affiliates ' employees, or
others who need to know that information to serv ice the account or in the course of conducting
our normal business operat ions . We m aintain physical, electronic , and procedural safeguards
~ to protect personal information .
f
-~ ~
f
I# you have any questions about this rivacy statement or would like to learn more about how
we protect privacy, please write to u at ACE INA Customer Services, P.O. Box 1000, 436
Walnut Street, WA04F, Philadelphia PA 19106 . Please include the policy number on any
correspondence with us .
ACS USA
ACE American Insurance Company .
Excess: C omm, ercia
435 - YYai nuY Stree t
P . 0 . Box 1000
Ge n era-fti a bil fty Pofic.
Philadelphia ; PA 191063 7 03
(a s tock insurance com pany)
Pt~~ICY ~D;EI~iT~FIGA,T1~°I~.
~CSL , [2173z85.o
G- . .
IWE INSURED
Ra a e trac Petroleum , Inc .
3225 Cumbe rland B lv d .
Suite 100
A t l anta, GA 30 33 9
PAYMENT
FREQUENCY: Quarterly.
09/01/2006
REDACTED
12/01/2006
03/01/2007
POLI CY IDENTIFICATION
ITS OF INSURANCE
In return for the payment of premium indicated on~Page 1 of the declarations, we agree with you to provide insurance at the
limits shown, subject to all of the terms and condi ons of this policy .
RETAINED LIMIT
EACH OCCURRENCE $ 500,000
PERSONAL AND ADVERTISING INJURY $ 500,000
O F COVERAGE PARTS
SCHEDULiOF ENDORSEMENTS
Th i s declaration and the coverage form(s) and ekndorsemenfs, if any , listed above and attached, completes the above
numbered policy .
During the last three years no insurer has canc 4 lled insurance issued to the named insured sim ilar to this insu rance,
unless otherwise stated in this policy .
r 2 of 2
1.
Case 1:10-cv-02162-WSD Document 1-2 Filed 07/13/10 Page 5 of 52
Insert the policy number. The remainder of the information is to wmpfeled only when this endorsement is issued subsequent to the preparation of the policy .
IL 0017 11 98
Excess Commercial
General Liability Policy
ace usa
Various provisions in this policy restrict Read the entire policy carefully to determine rights, duties and
w hat is and i s not covered
Throughout this policy the words "you" and "your" refer to the Named insured shown in the Declarations, and any
other person or organization qualifying as a Famed insured under this policy . The words "we", "us" and "our" refer to
the company providing this insurance .
The word "insured" means any person or organization qualifying as such under SECTION 11 . WHO IS AN INSURED
Other words and phrases that appear in quotation marks have special meaning . Refer to SECTION V. DEFINITION
SECTION I - C OVERAGES
COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY
Insuring Agreement .
a. We will pay the insured for the "uItirr~ate net loss" in excess of the "retained limit' shown in the Declarations
that the insured becomes legally Obligated to pay as damages because of "bodily injury" or "property
damage" to which this insurance a plies : No other obligation or liability to pay sums or perform acts or
services is covered unless explici y provided for under DEFENSE, INVESTIGATION, SETTLEMENT,
LEGAL EXPENSES, AND INTERE TON JUDGMENTS . But the amount we will pay for the "ultimate net
loss" because of damages is limited ~s described in LIMITS OF INSURANCE (SECTION ifs) .
b . This insurance applies to "bodily inju~y" and "property damage' only if:
(1) The "bodilyy injury" or "property dpmage" is caused b y an "occurrence" that takes place in the "coverage
territory,",
(2) The "bodily injury" of "property damage" accurs during the policy period ; and
(3) Prior to the policy period, no ins red listed under Paragraph 1 . of Section 11- Who Is An Insured and no
"employee' authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily
injury' or "property damage" #,a occurred, in whole or in part . If such a listed insured or authorized
"emplvyeen knew, prior to the p icy period, that the "bodily injury" or "property damage" occurred, then
any continuation, change or res mption of such "bodily injury" or "property damage" during or after the
policy period will be deemed to hove been known prior to the policy period .
c. "Bodily injury" or "property dama~e" which occurs during the policy period and was not, prior to the policy
period, known to have occurred by any insured listed under Paragraph 1 . of Section II - Who Is An
insured or any 'employee" authorized by you to give or receive notice of an 'occurrence' or claim,
includes any continuation, chang~ or resumption of that "bodily injury' or "property damage" after the end
of the policy period .
d. "Bodily injury" or "property dams e" will be deemed to have been known to have occurred at the earliest
time when any insured listed under Paragraph 1 . of Section 1 1 - Who Is An I nsured or any "employee'
authorized by you to give or receive notice of an "occurrence or claim :
( 1 ) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer,
(2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or
"property damage" ; or
(3) Becomes aware by any other means that bodily injury" or 'property damage" has occurred or has
begun to occur .
XS-6U91c (07/02) Reprinted in part with permission of Insurance Services Office, Inc ., 1998 Page 9 of 17
Case 1:10-cv-02162-WSD Document 1-2 Filed 07/13/10 Page 8 of 52
e. Damages because of "bodily inju" include damages claimed by any person or organization for care, loss
of services or death resulting at any time from the "bodily injury" .
2. Exclus i ons _
This insurance does not apply to :
a. Expected or intended injury ~
"Bodily injury" or "property damage" expected or intended from the standpoint of the insured . This exclusion
does not apply to "bodily injury" resu ting from the use of reasonable force to protect persons or property .
b . Contractual Liabili ty .
"Bodily injury" or "property damage for which the insured is obligated to pay damages by reason of the
assumption of liability in a contract r agreement . This exclusion does not apply to liability for damages-
(1) That the insured would have in toe absence of the contract or agreement ; or
(2) Assumed in a contract or agreement that is an "insured contract" provided the "bodily injury" or "property
damage" occurs subsequent to ' khe execution of the, -contract or agreement . Solely for the purposes of
liability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses
incurred by or for a party other an an insured are deemed to be damages because of "bodily injury" or
"property damage", provided :
(a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same
"insured contract",- and
(b) Such attorney fees and litigation expenses are for defense of that part y against a civil or alternative
dispute resolution proceedin in which damages to wh ich this insurance applies are alleged .
c . Liquor Liability.
°Bodily injury" or "property damage" for which any insured may be held liable by reason of
(1) Causing or contributing to the intoxication of any person ;
(2) The furnishing of alcoholic beverages to a person under the legal drinking age or under t he influence
of alcohol ; or
(3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic
beverages .
This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or
furnishing alcoholic beverages .
d. Workers Compensation and Si m ilar Laws .
An y obligation of the insured finder a workers compensation, disability benefits or unemployment
compensation law or any similar haw .
e. Employers Liability .
"Bodily injury" to
(1) An "employee" of the insured aris i ng out of and in the course of
(a) Employment by the fisurled; or
(b) Performing duties related to the conduct of the insured's business ;
(2) The spouse , chi ld , parent , brother or sister of that " employee" as a consequence of (1) above.
This exclusion applies:
(1) Whether the i nsured may be ~Ii able 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 .
XS-6U91c (07/02) Reprinted in part with permission of Insurance Services Office, inc., 1998 Page 2 of 17
Case 1:10-cv-02162-WSD Document 1-2 Filed 07/13/10 Page 9 of 52
This exclusion does not apply #o liability assumed by the insured under an "insured contract" .
f. Pollution .
Any injury, damage, expense, loss, liability or legal obligation arising out of or in any way related to
"pollution", however caused .
XS-6U91 c (07/02) Reprinted in part wig +i permission of Insurance Services Office , I n c., 1998 Page 3 of 17
Case 1:10-cv-02162-WSD Document 1-2 Filed 07/13/10 Page 10 of 52
( 5 ) That particular part of real ty on which you or any contractors or subcontractors working
directly or indirectly on your are performing operations, if the "property damage" arises out of
those operations ; or
(6) That particular part of an y pop that must be restored, repaired or replaced because "your woriC~)
was incorrectly performed o it .
Paragraphs (1), (3) and (4) of is exclusion do not apply to "property damage" (other than damage by
fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer
consecutive days . A separate I it o# insurance applies to Damage To Premises Rented To You as
described in Section III -LIMITS F INSURANCE
Paragraph ( 2 ) of this exclusion does not apply if the premises are " your work" and were never occupied ,
rented or held for rental by you .
paragraphs (3) , (4), 1 3) and (6 ) of this exclusion do not apply to liab ility assumed under a sidetrack
agreement.
Paragraph (6) of this exclusion does not appty to "property damage " included i n the "products-complet ed
operations hazard" .
k. Damag e to Your Product
"Property damage" to "your product" arising out of it or any part of it .
1. Damage to Your Work .
"Property damage" to "your work" arising out of it or any part of it and included in the "products-
completed operations hazard" .
This exclusion does not apply if the damaged work or the work out of which the damage arises was
performed on your behalf by a subcontractor .
m . Damage to impaired Property or Property Not Physically Injured .
"Property damage" to "impaired property" or property that has not been physically injured, arising out af- . .-
(1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work" ; or
(2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in
accordance with its terms .
This exclusion does not apply to the loss of use of other property arising out of sudden and accidental
physical injury to "your product" or "yo u r work" after it has been p ut to its intended use .
n. Recall of Products, Work or lnipaired Property .
Damages claimed for any loss, cost or expense inc u rred by you or others for the loss of use, withdrawal,
recall, inspection, repair, replacernent, adjustment, removal or disposal of
(1 ) "Your product";
(2) "Your work"; or
(3) "Impaired property" ;
if such product, work, or property is withdrawn or recalled from the market or from use by any person or
organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in
it.
o . Personal And Advertising Injury
"Bodily injury" arising out of " personal and advertising inj ury '.
p. Asbestos .
Any loss, demand , claim or "suit,`' arising out of or related in any way to asbestos or asbestos-confiaini ng
materials .
`_JJ
XS-6U99c (07/02) Reprinted-in part with permission of Insurance Services Offi ce , Inc ., 1998 Page 4 of 17
Case 1:10-cv-02162-WSD Document 1-2 Filed 07/13/10 Page 11 of 52
q. Lead .
Any injury, damage , expense , loss, liability or legal obligation arising out of or allegedly arising out
of or in any way related to toxic properties of lead or lead-containing products, materials or
substances.
r. E mploym ent Related Pra
"Bodily i njury," to :
(1) A person arising out of any :
(a) Refusal to employ that I
( b ) Termination of that person's employment-, or
(c) Employment-related practices, polici es , acts or omissions , such as coercion, demotion,
evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination
d i rected at that person ; or
(2) The s pou se, child, parent, brother or sister of that person as a consequence of "bodily i nj ury" to that
person at whom any of the l employment-related practices described in paragraphs (a), (b) or (c)
above i s directed .
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 daIrriages with or repay someone else who must pay damages because of
the injury .
s. Nuclear Energy .
"Bodily injury" or "property damage":
(1) With respect to which an insqred under the policy is also an insured under a nuclear energy liability
policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability
Underwriters, Nuclear insUra ce Association of Canada, or any of their successors, or would be an
insured under any such po1icbut for its termination upon exhaustion of its limit of liability ; or
( 2) Resulting from the "hazafdou$ properties" of "nuclear material" and with respect to wh ich :
(a) any person or vrganizati bn is required to maintain fi nancia l protection pursuant to the Atom i c
Energy Act of 195 4 , or any law amendatory thereof-, or
(b) the insured is, or h ad this policy not been i ssued would be, ent itled to i ndemnity from the United
States of America, or arty agency thereof, under any agreement entered into by the United
States of America , or any lagency thereof, with any person or organization .
( 3) Resulting from the "hazardou$ properties" of "nuclear material", it
(a) The "nucieaf material" (1 is at any "nuclear facility" owned by, operated by or on behalf of, an
insured, or (2) has been ischarged or dispersed therefrom ;
(b) The "nuclear material" is contained in spent fuel or waste at any time disposed, handled, used,
processed, stored, transported or disposed of, by or on behalf of an insured ; or
(c) The "bodily injury" or "pr. ~erty damage" arises out of the furnishing by an insured of services,
materials, parts or equi ment ire connection with the planning, construction, maintenance,
operation or use of any " uclear facility", but if such facility is located within the United States of
America, its territories or possessions, this exclusion (3)(c) applies only to "property damage" #o
such "nuclear facility" and any property thereat .
(4) As used in this exclusion:
(a) "Hazardous propert ies" de radioactive, toxic, or explosive properties ;
-. (b) "Nuclear material" means material", "special nuclear material", or "by-product material" ;
~ (c) "Source material ", "specia~ nucle a r material, and "by-product material " have the meanings gi ven
them i n the Atomic Enesg Act of 1954 or in any law amendatory thereof;
XS-6U91c (07102) Reprinted i n part with permission of Insurance Services Office , Inc., 1998 Page 5 of 17
Case 1:10-cv-02162-WSD Document 1-2 Filed 07/13/10 Page 12 of 52
(d) "Spent fuss" means any fuel element or fuel component, solid or liquid, which has been used or
exposed to radiation in °n~c#ear reactor" ;
(e) 'Waste" means any wa #e material (1) containing "by-product material" other than the tailings or
wastes produced by t e extraction or concentration of uranium or thorium from any or( fl
primarily for ' "source material" content, and (2) resulting from the operation by any
person or organization of any nuclear facility included under the first two paragraphs of the
definition of nuclear faci ty ;
(f) "Nuclear facility"
(1) Any "nuclear
(2) Any equ i pment or device designed or used for (a) separating the isotopes of uran i um or
plutonium, (b) processing or utilizing "spent fuel" , or (c) handling, processing or packag i ng
"w aste" ;
(3) Any equ ipment or device used for the process ing, fabricating or a lloyin g of "special nuclear
material" if at any time the total amount of such material in the custody of the insured at the
premises where such equ i pment or device is located consists of or contains more than 25
grams of plutoni um pr uranium 233 or any combination thereof , or more than 250 grams of
uraniu m 235 ;
(4) Any structure, basin, excavation, premises, or place prepared or used for the storage or
disposal of "waste" ; and
(5) The site on which any of the foregoing is located, all operations conducted on such site and
all premises used fof such operations .
(g) " N uclear reactor" mean any apparatus designed or used to sustain nuclear fission in a self-
supporting chain reactio or to contain a critical mass of fissionable material-,
(h) "Property damage" includes 21# forms .of radioactive contamination of property .
Exclusions c . through n . do not ap ly to damage by fire to premises w hile rented to you or temporarily
occ upied by you with permission o the owner . A separate limit of insurance applies to th is coverage a
described in SECTION III . LIMITS O INSURANCE ~- "
COVERAGE B . PERSONAL AND ADVE RTISING INJURY LIABILITY
1. Insuring Agreement
a. We will pay the i nsu red for I "ultimate net loss" in excess of the "retained limit' shown in the
Declarations that the insured k )rnes legally obligated to pay as damages because of "personal and
advertisi ng injury' to which this urance applies, No other obligation or liability to pay sums or perform
acts or services i s covered less explicitly provided for under DEFENSE, INVESTIGATION,
SETTLEMENT ; LEGAL EXPEt S AND INTEREST ON JUDGMENTS_ But the amount we will pay for
the "ultimate net loss" becau of damages is limited as described in SECTION III LIMITS OF
INSURANCE _
b. This insurance applies to "pe4nal and advertising injury" caused by an offense arising out of your
business but only if the o#Fense,0as committed in the "coverage territory" during the policy period .
2. Exclusi ons .
This insurance does not apply to:
a_ Kn ow ing Violation Of Rights Q~ Another
"Personal and advertising injury" caused by or at the direction of the insured with the knowledge that the
act would violate the rights of an ~ther and would inflict "personal and advertising injury" .
b. Material Published With Know*dge Of Falsity
"Rersonal and advertising injury' arising out of oral or written . publication of material, if done by or at the
direction of the insured with kno edge of its falsity .
i
XS-6U91c (07/02) Reprinted in part with permission of Insurance Services Office, Inc ., 1998 Page 6 of 17
Case 1:10-cv-02162-WSD Document 1-2 Filed 07/13/10 Page 13 of 52
XS-6U91c (07/02) Reprinted in part with perm ission of Insurance Services Office , Inc., 1998 Page 7 of 17
Case 1:10-cv-02162-WSD Document 1-2 Filed 07/13/10 Page 14 of 52
n . Asbestos
"Personal and advertising injury' rising out of any loss, demand, claim, or "suit" arising out of or re3ated
in any way to asbestos or asbest s-con taining materials ; or
o . Employme nt-Re lat ed 'j
"personal and advertising injury" o a person arising out o f any :
(a)
( i ) Refusal to employ that erson ;
(ii) Termination of that her n's employment-, or
(iii) Employment-related p€ ~actices, policies, acts or omissions, such as coerc i on , demotion,
evaluati on , reassign mont, discipline, defamation, harassment, humiliation of discrimination
directed at that person ; or
(b) To the spouse , child, pare nk , brother or sister of that person as a consequence of "personal inj ury"
to that person at whom a nyl, of the employment related practi ces described i n paragraphs (i), (ii) or
(iii) above is directed .
2. Intere s t o n Judgments
We shall pay interest only on that amount of any judgment we pay that accrues after entry of the
judgment and before we have po id , offered to pay, or deposited in court that part of the j udgment that is
within the applicable l i mit of insutan ce shown i n the Declarations .
e . A trust, you are an insured . Your trustees are also insured, but only with respect to their duties a ~
trustees .
XS-6U91c (07/02) Reprinted in part witih permission of Insurance Services Office, inc ., 1998 Page 8 of 17
Case 1:10-cv-02162-WSD Document 1-2 Filed 07/13/10 Page 15 of 52
2 . Each of the following is also an
a. Your "employees", other th n either your "executi ve officers", (if you are an organization other than a
partn e rship , joint venture a limited liabil i ty company) or your managers (if you are a limited l iab i lity
company) , but only for act w i th i n the scope of their employment by you or while performing duties
related to the conduct of ya r bus i ness . However , none of these "employees," is an i nsured fo r.
( 1 ) "Bodily injury" or "personal and advertising injury" :
(a) To you, to your p rtners or members (if you are a partnership or joint venture), to your
members (if you i re a limited liability company), or to a co "empioyee' while that co-
"empioyee" is eithe in the course of his or her employment or performing duties related to
the conduct of your business :
(b) To the spouse, child, parent, brother or sister of that co uemployee" as a consequence of
paragraph (1)(a) above ;
(c) For which there is any obligation to share damages with or repay someone else who must
pay damages becafUse of the injury described in paragraphs (1) (a) or (b) above ; or
(d) Arising out of his or! her providing or failing to provide professional health care services .
(2) "Property damage" to property-.
(a) Owned or occupied : by,
(b) Rented to, in the ;care, custody or control of, or over which physical control is being
exercised for any psprposs by
you, any of your "employees" any partner or member (If you are a partnership or joint venture),
or any member (if you are a limited liability company)_
b . Any person (other than your "employee"), or any organization while acting as your real estate
manager.
c. Any person or organization having proper temporary custody of your property if you die, but only :
J 1) With respect to liability arising out of the maintenance or use of that property; and
(2) Until your legal representative has been appointed .
d . Your legal representative if you die, but only with respect to duties as such . That representative will
have atl your rights and duties under this Policy .
3 . With respect to "mobile equipr~enY' registered in your name under any motor vehicle registration law,
any person is an insured while driving such equipment along a public highway with your permission . Any
other person or organization re onsible for the conduct of such person is also an insured, but only with
respect to liability arising out of t ie operation of the equipment, and only if no other insurance of any kind
is available to that person or organization for this liability . However, no person or organization is an
insured with respect to :
XS-6U91c ( p7/02) Reprinted in part wish permission of Insurance Services Office, Inc ., 1998 Paae 9 of 17
Case 1:10-cv-02162-WSD Document 1-2 Filed 07/13/10 Page 16 of 52
2. The General Aggregate Limit is most we wi il pay for the sum o#:
a . Damages under Coverage iA, except damages because of "bodily injury" and "property damage"
included in the "products-completed operations hazard" ; and
b. Damages under Coverage ~ .
3. The Products-Comple#ed Oger~tions Aggregate Limit is the most we will pay under Coverage A for
damages because of "bodily iinjury° and "property damage" included in the "products-completed
operations hazard" .
4. Subject to 2 . above, the Persan~al and Advertising Injury Limit is the most we will pay under Coverage B
for the "ultimate net loss" in excess of the "retained limit" for damages because of all "personal and
advertising injury" sustained by Ony one person or organization .
5. Subject to 2 . or 3 . above, whichever applies, the Each Occurrence limit is the most we will pay under
Coverage A for the "ultimate ne{ loss" in excess of the "retained limit" for damages because of all "bodily
injury" and "property damage" wising out of any one "occurrence" .
6. Subject to 5. above, the Damage to Premises Rented To You Limit is the most we Will pay under
Coverage A for the "ultimate net loss" in excess of the "retained limit" for damages because of "property
damage" to any one premises, hi9e rented to you, or in the case of damage by fire, while rented to you
or temporarily occupied by you ith permission of the owner .
7. #f the policy aggregate limits, a~ set forth in 2 . and 3 . above, are paid prior to this policy's termination
date, this policy's premium is fury earned .
The Limits of I ns urance of this p licy apply separately to each consecutive annual period and to any
remaining period of less than 12 onths , starting with the beginning of the policy period shown in the
Declarations, unless the policy per~d is extended after issuance for an additional period of less than 12
months . In that case, the additional, peri od wi ll be deemed part of the last preced i ng period for purposes of
determining the limits of Insurance . :'
SECTION lV - CONDITIONS
9 . Bankruptcy .
Bankruptcy or insolvency of tNe insured or of the insured's estate will not relieve us of our obligations
under this policy .
2 . Duties in the Event of Occurrence, Claim or Suit.
a. Notice shall be sent to us as Ooon as practicable whenever you have information from which you may
reasonably conclude that ao "occurrence" or offense may result in a claim or claims involving
damages which, in the even~ that you are held liable, are likely to exceed 50 % of the "retained limit' .
Failure to give notice of any loccutrence" which at the time of its happening did not appear to exceed
5 0% of the "retained limit' but which, at a later date would appear to give rise to a claim under this
insurance, shall not prejudico such claim .
b . You must see to it that we ate notified of an "occurrence" or an offense which may result in a claim .
Notice should include:
(1) How, when and where th~ "occurrence" or offense took place ; and
(2) The names and addresse 6 of any inj ured persons and any witnesses ; and ( L)
(3) The nature and location ol any injury or damage arising out of the "occurrence" or offense .
XS-6U91c (07/02 Reprinted in part with permission of I nsurance Services Office, Inc., 1998 Page 10 of 17
Case 1:10-cv-02162-WSD Document 1-2 Filed 07/13/10 Page 17 of 52
c . If a claim is made or al "suit" is brought against any insured which is likely to involve this
insurance, you must noti us promptly with a written notice of the claim or "suit" .
d . You and any other invc f insured must;
(1) Immediately send copies of any demands, notices, summonses or legal documents
received in conne< with t he claim or "suit' ;
(2) Authorize us to record s and oth er information',
(3) Assist us, upon c request , in the enforcement of any right aga i nst any person or
organization which 3y b e liable to the insured because of injury or damage to which this
insurance may also
e . You shall make a good evaluation of any claim for settlement purposes-
3 . Legal Action Against Us .
No person or organization hays a right under this policy :
a _ To join us as a party or otherwise bring us into a "suit' asking for damages from an insured ; or
b . To sue us on this policy unless all of its terms have been fully complied with .
A person or organization m$y sue us to recover on an agreed settlement or on a final judgment
against an insured obtained iter an actual trial, but we will not be liable for damages that are not
payable under the terms of this policy or that are in excess of the applicable limit of insurance . An
agreed settlement means a settlement and release of liability signed by us, the insured and the
claimant or the claimant's leg6i representative.
4 . Oth e r In s uran ce .
if other insurance is available to the insured for a loss we cover under this policy, this insurance is
excess over that other insur~nce, unless that insurance is written specifically to apply in excess of
the Limns of Insurance show in the Declarations .
When this insurance is excess over other insurance, we will pay only our share of the amount of the
loss, i# any, that exceeds the hum of :
a . The total amount that a~l such other insurance would pay for the loss in the absence of this
insurance ;
b . The total of all deductible and self-i nsured amounts under all that other i nsurance; and
Nothing herei n shall be cons~ued to make this pol icy subject to the terms , conditions and limitations
of other i nsurance_
5. Premium Audit.
a. We wi ll compute all premiums for this policy in accordance with our rules and rates .
b. Premium s how n i n this policy as advance premium is deposit premium only. At the close
of each audit period we wi~1 compute the earned premium for that period . Audit premiums are due
and payable on noti ce to th e first Named Insured . If the sum of the advance and audit premi ums
paid for the policy period i s greater than the earned premium, we will retu rn the excess to the first
Named Insured .
c. The first Named 1nsued must keep records of the information we need for premium
computation, and send us copies at such times as we may request .
6 . Representations .
By accepting this policy, you agree :
a . The statements in the Dec ara#ions are accurate and complete ;
li
b . Those statements are ba 4d upon representations you made to us ; and
c . We have issued this policy in reliance upon your representations .
`._
XS-6U9 '1c (07/02) Reprinted in part with permission of Insurance Serv ices Office , Inc., 1998 Page 11 of 17
Case 1:10-cv-02162-WSD Document 1-2 Filed 07/13/10 Page 18 of 52
7, Separation of Insureds .
Except with respect to the ti of Insurance, the application of the "retained limit', and any rights or
duties specifically assigned in policy to the first Named Insured, this policy applies :
a . As if each Named Insured the only Named Insured; and
b . Separately to each Insured whom claim is made or "suit" is brought.
'{a . Cancellation .
a. The first Named Insured shown in the Declarations may cancel thi s policy by mailing or delivering to
us advance written notice of anceNation .
b . We may cancel this policy Icy mailing or delivering to the first Named Insured written notice of
cancellation at least
(1) 10 days before the effective date of cancellation i f we cancel for nonpayment of pre mium ; or
(2) 60 days before the effect l ve date of cancellation if we cancel for an y other reason .
c . We may mail or deliver our 6o#ice to the first Named Insured ' s last ma i ling address known to us .
d . Notice of cancellation will st O te the effective date of cancellation_ The policy period will end on t haj--
date . ~
e. If this policy is canceled, will send the first Named insured any premium refund due. If we
cancel , the refund will be p rata. If the first Named Insured cancels , the refund may be less than
pro rata . The cancellation till be effective even i f we have not made or offered a refund .
#. If notice is mailed , proof of nailing will be sufficient proof of notice .
11 . Changes .
This policy contains all the agree ents between you an d u s concerning the i nsuran ce afforded . Th e first
Named insured shown in the De larations is authorized to make changes in the terms of this policy w ith
our consent. Th i s policy's terms can be amended or waived only by endorsement issued by us a n d
made part of this policy .
I
~„ _J
XS-6U91c (07/02) Reprinted in part with permission of Insurance Services Office, Inc ., 1998 Page 12 of 17
Case 1:10-cv-02162-WSD Document 1-2 Filed 07/13/10 Page 19 of 52
Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be
charged_ We do not make safety inspections . We do not undertake to perform the duty of any person or
organization to provide for the health or safety of workers or the public . And we do not warrant that
conditions :
This condition applies not only tows, but also to any rating, advisory, rate service or similar organization
which makes insurance inspectio s, surveys, reports or recommendations .
14 . Premiums.
The first Named Insured shown inj the Declarations :
a . Is responsible for the payment of all premiums ; and
b . Will be the payee for any return premiums we pay.
SECTION V - DEFINITIONS
1 . "Advertisement" means a notice is broadcast or published to the general public or specific market
segments about your goods, prop or services for the purpose of attracting customers or supporters .
b. Regarding web-sites, only part of a web-site that is about your goods, products or services for
the purposes of attracting s mers or supporters is cons idered an advert isement .
2. "Auto" means a land motor vet trai ler or semitrailer des igned for travel on publ i c roads , including any
attached machinery or equipm But " auto " does not i nclude "mobile equipment"_
3 . "B odily injury" means bodily in sickness or disease sustained by a . person , including death resul ti ng
from any of these at any time . .
4. "Coverage territory" means :
a . The United States of America its territories and possessions), Puerto Rico and Canada ;
b. Intsmati ona l waters or airs', provided the injury or damage does not occur in the course of travel
or transportation to or from place not included in a . above; or
c. All parts of the world if:
(1) The injury or damage out of .
(a) Goods or products or sold by you in the territory described in a . above; or
(b) The activities of a )n w hose home is in the territory descri bed in a, above , but is away
for a short time on business; and
(c) "Personal and adv injury" offenses that take place through the Internet or similar
electronic means of
r _ ( 2) The insured's respansibil to pay damages is determined in a "suit" on the merits, in the
1 territory described in a. ab ve or in a settlement we agree to .
XS-6ll91c 07!02 Reprinted in part with I Permission of Insurance Services Office, Inc . 1998 Page 13 of 17
Case 1:10-cv-02162-WSD Document 1-2 Filed 07/13/10 Page 20 of 52
5 . "Employee" includes a "leased " Employee" does not include a "temporary workQ r ' _
6. "Executive officer" means a pe n holding any of the officer positions created by your charter,
constitution, by-laws or any other ilar governing document .
7. "Impaired property" means tar property, other than "your product' or "your wor4s", that cannot be
used or is less useful because:
a . It incorporates "your produc or "your work" that is known or thought to be defective, deficient,
inadequate or dangerous ; or
b. You have failed to fulfill the t of a contract or agreement ;
if such property can be restored t ~, use by :
a. The repair, replacement, adt ls#rnent or removal of "your produ ct" or "your work"; or
b_ Your fulfilling the terms of the lcontractor agreement.
9. "Leased worker" means a person eased to you by a labor leasing firm under an agreement between you
and the labor leasing firm , to performxi duties related to the conduct of your bus i ness. "Leased worker"
does not include a "temporary wo e r'.
11 . "Mobile equipment' means any ~f the following types of land vehicles, including any attached machinery
or equipment
a . Bulldozers, farm machinery, ~forklifts and other vehicles designed for use princ ipally off public roads ;
b . Vehicles maintained for use [solely on or next to premises you own or rent ;
c. Vehicles that travel on crawler treads ;
d . Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently
mounted :
(1) Power cranes, shovets, loaders, diggers or drills ; or
(2) Road construction or resurfacing equipment such as graders, scrapers or rollers ;
e. Vehicles not described in 0 ., b ., c. or d . above that are not self-propelled and are maintained
primarily to provide mobility to permanently attached equipment of the following types :
( 1) Air compressors, pumps and generators, including spraying, welding, building cleaning,
geophysical exploration,! : lighting and well servicing equipment ; or
(2) Cherry pickers and similpr devices used to raise or lower workers ;
f. Vehicles not described in A ., b ., c . or d . above maintained primarily for purposes other than the
transportation of persons or cargo .
However, self-propelled veh}c4es with the following types of permanently attached equipment are not
"mobile equipment' but will be considered "autos" :
(1) Equipment designed primarily for
(a) Snow removal ;
(b) Road maintenance , but not construction or resurfacing ; or
(c) Street cleaning;
(2) Cherry pickers and simi 4 ia r devices mounted on automobile or truck chass is and used to raise or
lower workers ; and
(3) Air compressors, pum p s and generators, i nclud i ng spraying, weldi ng, building clean ing,
geophysical explaration, l l ighfing and well serv ici ng equipment
12. "Occurrence" means an accident, includi ng continuous or repeated exposure to substant ially the same
general harmful conditi ons.
13 . "Personal and adverti sing injury"' means injury, including consequential "bod i ly injury", arising out of one
or more of the following offenses~ .
a . False arrest , detention or i mprisonment;
b. Mal icious prosecution ;
C. The wrongful evicti on from , wrongful entry into , or invasion of the right of private occupancy of a
room , dwell ing or premises that a person occupies by or on behalf of its owner, landlord or lessor, .
d. Oral or written publication of' material that slanders or libels a person or organ ization or di sparages a
person's or organ i zation's gdods , products or servi ces; or
e. Oral o r wri tten publication of kna#erial that violates a person' s right of privacy ;
t. The use of another's advertis ing i dea in your "advertisement" ; or
Infringing u pon anoth er's ca6 yright, trade dress or slogan in your "advertisement' .
XS-6U91c (07/02) Reprinted in part wish permission of Insurance Services Office, Inc ., 1998 Page 15 of 17
Case 1:10-cv-02162-WSD Document 1-2 Filed 07/13/10 Page 22 of 52
14 . "Pollution" includes th e actual , lieged or potential presence in or introduction into the environment of
any substance if such substanc has, or is alleged to have, the effect of making the environment impure,
harmful , or dangerous_ Enviroi gent includes any air, land, structure or the air therein, watercourse or
water, including underground vs
a . Includes all "bodily injury" a d "property damage" occurring away from premises you own or rent and
arising out of "your product' r "your work" except :
(1) Products that are still in dour physical possession ; or
(2) Work that has not yet ~eer~ completed or abandoned . However, "your work" will be deemed
completed at the earlier of the following times :
(a) When all of the work called for in your contract has been completed .
(b ) When aJ l of the work to be done at the site has been completed if your contract calls for work
at more than one site .
(c ) When that part of the work done at a job site has been put to its i ntended use by any person
or organ i zation other than another contractor or subcontractor work ing on the same project
Work that may need service, maintenance, correction, repai r or replacement, but which is
otherwise complete, willl be treated as completed :
For the purposes of this insurance, electronic data is not tangible property .
As used in this definition, electr nic data means information, facts or programs stored as or on, created
or used on, or transmitted to o~ from computer software, including systems and applications software,
hard or flopp y disks, CD-ROMS tapes, drives, cells, data processing devices or any other media which
are used with electronically con oNed equipment.
17. "Retained limit" means the limit indicated as the "retained limit' shown in the Declarations . "Retained
limit" does not include prejudgTent interest, interest that accrues after entry of the judgment, nor any
expenses incurred by the insured in the defense of any claim or °suiY' .
18. "Suit" means a civil proceedirjg i n wh i ch dam ages because of "bodily injury", "property damage" ,
"personal injury" or "advertising njury" to which thi s insurance appli es are alleged . "Suit" includes:
a. An arbi tration proceeding i which such damages are claimed and to which you must submit or
submit with our consent ; or
b . Any other alternative dispute resolution proceeding in wh ich such damages are claimed and to which _ .
you submit with our conse n t `
l C-1)
19. "Temporary worker" means a rson who i s furnished to you to substitute for a permanent "employee"
on leave or to meet seasonal or hart-teen workload conditions .
XS-6U91c (07/02) Reprinted in part w i th permission of Insurance Services Office , Inc., 1998 Page 16 of 17
Case 1:10-cv-02162-WSD Document 1-2 Filed 07/13/10 Page 23 of 52
Answers to questions about your insurance , rage information, or assistance in resolving complaints can be
obtained by calling ACE USA , Customer S up Service Department, at 1-8aU-352-4462 .
r
i
Information and
A CE USA Complaints
This information is being provided to you to the requirements of Articles 1 . 35, L35Q and 21 .71 of the Texas
Insurance Code relating to our Toll Free n and com p lai n t number.
To obta in information or make a complaint Para obtener information o para someter una queja :
You may call the Company's toll-free tefephO) ne number li s ted puede Il a mar al numero de telefono gratis de l a
for information or to make a complaint at : Com pania para information o para someter una queja
at :
1 -(800) 352--0462 1 (800) 352-4462
You may also write to the Company at : Usted tambien suede escribir a la Compania :
You may contact the Texas Department o f los uran ce to Puede communicarse con el Departmento de Seguros
obtain information on com p anies, coveragels, rig hts or de Texas para obtener informacion acerca de
co mplaints at: companias, coberturas, derechos o quejas at
PREMIUM OR CLAIM DISPUTES : S hould ou have a DISPUTAS SOBRE PRIMAS 0 REC LAM OS : Si tiene
dispute concerning your premium or about claim you una dispu ta con cemiente a su p ri m a o un reclamo , de b e
should contact your agent or the compan first_ If the comu ni carse con e1 agente o la co mpa nia pri mero . S i
dispute is not resolved you may conta t he Texas n o se resuelve !a disp uta pue de entonces
Departiment of Insurance . commu n+casse con el departmento de Seguros en Texas
ATTACH THIS NOTICE TO YOUR POLICY. I This noti ce UNA ESTE AVISO A SU POLIZA : Este aviso es solo
is for information only and does not become a part of para proposito de information y no se convierte en parte
condition of the attached document. o condicion del documents acljunto .
~- ..J
, ..
OF NAMED INSUREDS
Racetrac Pe troleum ,
1 ( Page 3 of 2)
Po l icy Symbol Policy Number Po licy Per io Effective Date of Endorsement
XS L G2 17 3285 4 0 6j 2006 to 06 J 0 1J2007 06/01/2006
Issu ed By (Name of Ins u ra n ce Compan y)
ACE American Insurance C ompany
Insert the policy number . The remainder of the information is #i b e completed only when this endorsement is issued subsequent to the prepara tion of the po licy .
any other organization you newly at~qui .re or form, other t han a partnership or joint
ve nture , and ove r which you maint ai n o wnership o r majo rity interes t, pmvidGd :
b) you notify u s of su ch acquisition nodt later tha n 60 days after the end of the
po li cy peri o d .
insert the policy number. T he remainder of the information is t be completed only when this endorsement is issued subsequent to the preparation of the policy .
I
1. Coverage A does not app ly to `~bodi3.y injury" o r "property da mage" tha t occurred
before you acqu i red o r forme d the organ i za ti on ; and
2. Coverage B doe s not apply to personal injury" o r " advertising injury" arising out
of an o ff ense c ommitted be£o r y ou a c qui r ed or formed the organizat i on .
CC-1E15 Ptd. In U . S . A .
Case 1:10-cv-02162-WSD Document 1-2 Filed 07/13/10 Page 28 of 52
NCELLATION BY U S
insert the policy number. The remainder of the information is t be completed onl y when this end orsem e nt is i ssued subs equent to the preparati on of the
b_ We may cancel this policy my cl ing or delivering to the first Named insured
written notice of cancellat i at least :
2. 90 days before the effective date of cancellation if we cancel for any other
reason . I
~_.
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.
SCHEDULE
Insert the policy number. The remainder of the information is fo be only when th is endor sement is issued s u bsequent to the preparation of the policy.
SC HEDU LE
WHO IS AN INSURED ( S e ction li) is am e nded to in o ude as an insured any person or organization shown in the Sch edul e but only
with respect to liabil ity arising out of the ownership , Maintenance or us e of that part of the premises leas ed to you and shown in the
Sch edule and subject to the following add ii'sos~al exclu ion s :
'i _ Any 'occurrence which takes pl ice after you cease to be a tenant i n that prem i ses .
2. Structural alterations, new construction or demolition operati ons performed by or on behalf of the person or
organization shown in the Sched u le .
Authorized Ag ent
INSURED-VENDORS
SCHEDULE
Name of P erson or Organization (Vendor) : vendor whom you have gee d to in cl ude as an
add i ti o nal insured u n der a w ri contract .
Your Products :
WHO IS AN INSURED (Section #I ) is amended o include as a n insured any person or organization (referred to below as a
vendor) shown in the Schedule but only with res ct to "bodily i njury" or ' property damage' arising out of "your products" shown
in the Schedule which are distributed or sold in t e regular course ofi`the vendor's business , subject to the following additional
exclusions-
a. "Bodily injury" or "property damage' fo which the vendor is obligated to pay damages by reason of the assumption of
liability in a contract or agreement . is exclusion does not apply to liability for damages that the vendor would have
in the absence of the contract or aRr went ;
c . Any physical or chemical change i R th$ product made intentionally by the vendor;
d. Repackaging , unless unpacked soiO y for the purpose of inspection, demonstration, testing, or the substitution of
parts under instructions from t h e manufacturer, and then repackaged i n the ori ginal container;
Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally
undertakes to make in the usual course of business, in connection with the distribution or sale of the products ;
Demonstration, installation, servicing f repair operations, except such operations performed at the vendor's
p remises in connection with the sale o the product;
Products wh i ch , after distribution or by you, h ave been labele d or relabeled or used as a container, pa rt or
ingredient of any other thing or subst by or for the vendor .
2. This insurance does not apply to any insured or organization, from whom you have acquired such products, or any
ingredient, part or container, entering into, acc) ing or containing such products .
a
Case 1:10-cv-02162-WSD Document 1-2 Filed 07/13/10 Page 32 of 52
With respect to any one or more "certified I cts of terrorism", we will not pay any amounts for which we are not
responsible under the terms of the federal errorism Risk Insurance Act of 2002 (including subsequent acts of
Congress pursuant to the Act) due to the a piication of any clause which results in a cap on our liability . for pay-
ments for terrorism losses-
"Certified act of terrorism" means an act th is certified by the Secretary of the Treasury, in concurrence with the
Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant to the federal
Terrorism Risk Insurance Act of 2002 . The federal Terrorism Risk Insurance Act of 2002 sets forth the following
criteria for a "certified act of terrorism" :
1 . The act resulted i n aggregate losses in of $5 million; and
2. The act is a violent act or an act that is ngerous to human life, property or infrastructure and is committed by
an individual or individuals acti ng on be If of any foreign person or foreign interest, as part of an effort to co-
erce the ci vilian population of the Un it, States or to influence the policy or affect the conduct of the United
States Government by coer cion_
XS 14777 91 03 Includes capyrighNad material of ISO Properties, Inc ., with its Page 7 of 1 0
permission
Case 1:10-cv-02162-WSD Document 1-2 Filed 07/13/10 Page 33 of 52
f VLlI; Y N UMtitt'f : ](SL taL 9/ :S1 tS 5U tNU 1 . IF[
Q The Year 2000 EExclusion below does no apply if this box is checked .
INSURING AGREEMENT
We will pay under this endorsement those urns in excess of the "retained limit" shown in the Declarations that
the insured becomes legally obligated to pa as damages because of a claim or "suit" brought by any employee,
former employee, or their beneficiaries or 1 al representatives in connection with any error, omission, or breach
of duty in the "administration" of your "em}~I ee benefits" programs .
We have no duty to defend any "suit" see! ing those damages, but we shall have the right and opportunity to
assume from the insured the defense and ontrol of any claim or "suit", including any appeal from a judgment,
seeking payment of damages covered unde, this endorsement that we believe likely to exceed the "retained limit' .
But the amount we will pay for damages is ii sited as described in the Schedule as Limits of Insurance ;
This insurance applies to errors, omissions, 'aches of duty , or misstatements only i f a claim for damages is first
made against any insured during the po1i ; period or any Extended Reporting Period we provide under the
paragraph titled Extended Reporting Period .
This insurance does not apply to errors, om ons , breaches of duty , or misstatements which occurred before the
Retroactive Date shown above, or which oc+ after the end of the policy pe riod .
WHO IS AN I NS URED j
With respect to this endorsement, Section I1 - Who Is An Insured is modified to include employees only while
authorized to act in the "administration" of your "employee benefits" programs .
EXCLUSIONS
Insurance under th is endorsement does not pply to any claim or "suit" arising out of
1 . any dishonest, fraud tent, criminal or m~iicious act,
2. any "bodily injury", "personal injury", "advertising injury", or "property damage" ;
3. any claim for failure of performance of c ntraet by any insurer ;
4 . any obligation of the insured under a workers' compensation, disability benefits or unemployment
compensa#ion law or any other similar la ;
~-
5. a ny alleged wrongful term i natio n or allegation s;
~ .,
6. any failure of stock to perform a s re 'd by you;
7. any advice given by you to your em to participate or not to participate in stock subscription plans ;
Case 1:10-cv-02162-WSD Document 1-2 Filed 07/13/10 Page 34 of 52
8 . any actual or alleged error or omission r breach o f duty, committed or alleged to have been committed by a
trustee, in the discharge of fiduciary d ies, obligations or responsibilities imposed by the Federal Employee
Retirement Income Security Act of 197 or Title X of the Consolidated Omnibus Budget Reconciliation Act of
198 (Public Law 99-272) or Section 9319 of the Omnibus Budget Reconciliation Act of 1986 (Public Law 99- ~~
509) or any amendment to these Acts ; r
9, any claims or "suits" arising directly or ndirectiy out of the "Year 2000 computer-related and other electronic
problems hazard" . This exclusion also applies to any claim or "suit" seeking damages due to a failure to
foresee, address, remedy, wam, fix, a ise or otherwise avoid or mitigate "Year 2000 computer-related and
other electronic problems" . However, his exclusion does not apply if the box in the Schedule above is
checked .
LIMITS OF INSURANCE
The Li mits of Insurance shown in the Sche ule . of thi s endorsement and the rules below fix the most we wi ll pay
for the "ulti mate net loss" in excess of the "r~tained limit" regardless of the number of :
1 . Insureds ;
2. Claims made or "suits" brought ; or
3. Persons or organization making claims ~r bringing "suits" .
The Aggregate Limit is the most we will pay for the "ultimate net loss" in excess of the "retained limit" because of
all damages u n der this endorsement
Subject to the Aggregate Limit, the Each Cs4im Limit is the most we will pay for the "ultimate net Sass" in excess of
the "retained limit" arising out of any one clam or "suit" .
i
The Limits of Insurance apply separately to each consecutive annual period and to any remaining period of less
than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy
period is extended after issuance for an a di#ional period of less than 12 months . In that case, the additional
period will be deeme d part of the last prece ing period for purposes of determining the limits of insurance
DEFINITIONS .ADITONL
The following additional definitions are add eO to Section V - Definitions :
A "Employee benefits" means group life insurance, group accident or health insurance, profit sharing plans,
pension plans, employee stock subs rip#ion plans, employee travel, vacation, or savings plans, workers'
compensation, unemployment insuran ,social security and disability benefits insurance, and any similar
program . .
B_ "Administration" means any of the wing acts that you do or authorize a person to do :
1. Counseling employees, other giving legal advice, on "employee benefits" programs ;
2. Interpreting your "employee b programs ;
3. Handling records for your "err benefits" programs; and
4. Effecting enrollment, terming#ionl or cancellation of employees under your "employee benefits "
programs.
"Administration" does not include :
a. The failure of performance of any ~ontcact by any insure r,
b. The failure of any investment plan to perform as represented by an insured ;
c, The i nabil ity of "employee benefits' programs to meet their obligation due to insolvency.
C . "Year 200€ computer-related and o#h r electronic problems" means the inability of computer hardware,
computer software or microprocesso to recognize, distinguish, interpret, accept or process date or time
data (including, but not limited to, alcu[ating, comparing, storing, inputting, manipulating, updating,
recording, displaying, outputting, trays rring or sequencing) from, into or between the twentieth and twenty- ~~
first centuries, and the . years 1999 and 000 and leap year calculations .
XS-6W24a Page 2 of 3
Case 1:10-cv-02162-WSD Document 1-2 Filed 07/13/10 Page 35 of 52
D_ "Year 2000 computer-related and other problems hazard" means :
Any actual or alleged failure, or inadequacy of:
a. Any of the following , whether to any insured or to oth ers :
(1) Computer hardware, i ing microprocessors ;
(2) Computer application
(3) Computer operating s and related software ;
(4) Computer networks;
(5) Microprocessors (comp chips) not part of any computer system ; or
(6 ) Any other computerized electronic equipment or components ; or
b. Any other products , and any services , data or functions that directly or indirectly use or rely on, in
any manner, any of the items listed in paragraph a . above .
due to any potential or actual " year 12000 computer -related and other electron i c problems" .
2. Any advice , consultation, design , e~afuation , inspection , installation, maintenance , repair, replacement
or supervision prov ided by or done Oy you or for you to determine, rectify or test for, any potential or
actual "year 2000 computer-related and other electronic problems".
EXTE ND ED REPORTING PERIOD
1 . We will automatically provide an extended Reporting Period as described in paragraphs 2 . and 3 . below if :
a. This endorsement is cancelled or not renewed ; or
b . We renew or replace this e ndorsement V. with insurance that:
(1) Has a Retroactive Date later than tie date shown on this endorsement ; or
(2) Does not apply to errors , omissions , breaches of duty, or misstatements on a claims - made basis .
2 . The Extended Reporting Period does not extend the policy period or change the scope of coverage provided .
it applies only to claims for errors , omissio~s , breaches of duty, or misstatements that occur before the end of
the policy period but not before the retroac v e Date shown in this endorsement
Once i n effect, the Extended Reporting Period may not be canceEled .
3. The Extended Reporti ng Period is automatically provided without additional charge . Thi s period starts with the
end of the policy peri od and lasts for five y e ars .
The Extended Reporting Period does not a ply to claims that are covered under any subsequent insurance
you purchase, or that would be covered bul~for exhaustion of the amount of insurance applicable to such
clai ms .
4 . The Extended Reporting Period does not reinstate or increase the Li mits of Insurance .
Authorized Agent
XS-6W24a Page 3 of 3
Case 1:10-cv-02162-WSD Document 1-2 Filed 07/13/10 Page 36 of 52
POLICY NUMBER: XSL G2'1 732850 ENDT. #8
17. "Retained limit° means the limit indicated s the "retained limif° shown in the Declarations - "Retained limit" does
not 'seclude prejudgment interest, interest that accrues after entry of the judgment nor any expenses incurred by
the insured in the defense of any claim or "sui t" except for "loss adj ustment expen s e" .
20 . "Ultimate net lose means the total amou t which the insured is legally obligated to pay as damages due to an
"occurrence" or offense arising out of cov red clams or "suits" either by an adjudication or a settlement to which
we agree in writing and includes interest hat accrues after entry of the judgment and deductions for recoveries
and salvages which have been of wi#l be aid- "Ultimate net loss" does not include any of the expenses incurred
by the insured or us in connection with d ending the claim or "suit" except for "loss adjustment expense .'
" Loss adj ustment expens e" shall be within the "ultimate net loss" .
23. "Loss adjustment expense" means su claim expenses and costs incurred by the insured or by us in
con nec tion with the investigation, admi ,tration, adjustment, settlement or defense of any claim or "suit" to
which this pol i cy ap plies. S u ch expensE include, but are not limited to, attorneys' fees for claims in suit, court
costs and related costs su ch as fil ing fe the cost of medical examination, expert medical or other testimony,
laboratory services' and x-rays, a utops ., stenographic services, witnesses and summonses and copies of
documents, but will not include the da s fees of a claims servicing organization, the salaries and traveling
expenses of the in sured's empl oyees, ie insureds overhead, the salaries and traveling expenses of our
e mp loyees, our overhead or adj usters' fE
Skis poficy d oes not appl y to defense, inves "gati oR, settlement , or legal exp enses, other th an " loss adj ustm ent
expense", or prejudgment interest arising o u of any "occurrence" or offen se, but we shall have the righ t and
opportu nity to assume from t he insured the ense an d control of any claim or "s uit", including any a ppeal from a
j udgme nt, see king payment of damages cover under this policy that we believe likely to exceed the 'retained flmit".
In su ch event we and the i nsured shall caopera fully .
Authorized Agent
Case 1:10-cv-02162-WSD Document 1-2 Filed 07/13/10 Page 37 of 52
POLICY NUMBER : XSL 621732850 ENOT . #9
MTBE EXCLUSION
Endorsement Number
Raoetrac Petroleum, Inc_ 9
Policy Symbol iPolicy Number Policy F Effective Date of Endorsement
XSL G21732650 06/01 06 to 06/01/2007 06/01/2006
Issued By (Name of Insurance Company)
ACE American Insurance Company
Insert the is number . Tile remainder of the information is to completed only when this endorsement is issued subsequent to the preparation of the
This insurance does not a p p ly to any injury, arnage, expense, cost, loss, dem and, cl ai m , liability or l egal obligation
arising ou t of, resulting from o r in a ny way elated to actual, alleged or threatened discharge, dispersa l, seepage,
migration , release, escape, spill, leak, handl'sng , sale, distribution , manufacture, remediation, disposal, mo n i toring, testi ng,
investigation, treatment, n eu tralization or d e to " cat ion of Methyl-Tefiary-B utyl E ther or Methyl-Tent-Butyl ether (" MTBE");
or any prod uct, su bsta nce, or wastes containing MTBE ; or a n y daugh ter or degrada tion products of MTGE .
The addi tion of this endorsement does not imply that other poli cy provisions , including but not limited to any Pollution
exclusion, do not also exclude coverage for MT E related injury, damage , expense , cost, loss, liability, or legal obligation _
Auth orized Ag en t
Case 1:10-cv-02162-WSD Document 1-2 Filed 07/13/10 Page 38 of 52
POLI C Y NUMBER: XSL G21732850 ENDT. #10
f. Any injury, damage, expens e , cost, loss, iiabifrt* or legal obligation aris ing out of or i n any way related to pollution , however
caused.
Pollution includes the actual , alleged or potent I presence in or introduction into the environment of any substance it such
substance has, or is alleged to have, the e of maki ng the environment impure , harmful, or dangerous . Envi ronment
includes any air , land , structure or the air therein, wates'course or water, including underground water .
Thi s exclusion does not apply to : " bodily injury" al~ "property damage" caused by heat, smoke or fumes from a hostile fire:
y (2) At or from any site or location on which ~u or any of your contractors working directly or indirectly on your behalf are
F performing operations, if pollutants are brogfit on or to the site i n connection with such operations-
A hostile fire means one which becomes uncontrollable or breaks out from wh e re it was intended to be .
Authorized Agent ~ -- -
~~~
Insert the Dol icy number. Th e rem ainder of the information is t o b complete d onl y when thi s end o r sement i s issued sub seque n t to the p reparatio n of the
A. The following exclusion is added to Paragraph 2 ., E xcl usio ns of Section I - Covera ge A - Bodily Inju ry And
Property Damage Liability :
2 . Exc l usions
This i nsurance does not apply !o :
Si li ca Or Silica-Related Dust
a. " Bodily injury " arising , i n whole oa r in part, out of the actual, alleged , threatened or suspected inhalati on
of, or i ngestion of, "silica" or "sil ica- related dust".
b . " Property damage" arising , in whole or in part, out of the actual, alleged, thre atened or suspected
contact with , exposure to, existence of, or presence of, "silica" or "silica-related dust" .
c . Any loss , cost or expen se arising, in whole or part, out of the abating, testing for, monitoring, cleaning
up, removing , containing, treatin detoxi€ying , neutralizing, remediating or disposing of , or in a ny way
responding to or assessing the effects of, " sili ca" or "silica -related dust, by any insured or b y any other
p ers on or ent ity .
B. The followi ng exclusion is added to Pa ragraph 2_, Exclusions of Section i - Coverage B - Personal And
Advertisi ng Inj ury Liability-
2. E xcl usi o ns
T h is ins u rance does not apply ta :
S il ica Or Sil ic a -Related Du st
a. "Personal and adve rtisi ng injury"~ , aris ing, in whole or i n part, out of the actual, alleged , threatened or
suspected inhalation of, inges ti o n of, contact With, expos ure to, existe n ce of, or presence of, "silica" or
"silica-related .
dust
b _ Any loss, cost or expense arising, i n who l e or in part, out of the ab ating, testing for , monitoring,
cleaning up, removing , containi ,treating , detoxifying, neutralizing, remediating or dispos in g of, o r in
any way respon d ing to or asses ng th e effects of, 'silica" or "sil ica-related dust", by a n y insured or b y
any other person or e ntity.
C . Th e following de finiti ons are added to the Pefinitions Sectio n :
1 . "Sil ica" mea ns silico n d ioxide (occurrilrig i n crystalli n e, amorphous and im pure forms), sil ica partic l es, sil ica
du st or silica comp o und s.
2 . "Silica-rel ated d ust" means a mixture i)r combination o f s ilica and oth er dust or pa rticl es .
SCHEDULE
N a m e of P e rson or Organization :
We waive any right of recovery we may have aga insk the person or organ i zation shown in the Schedule a b ove because of payments
we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or
organization and included in the 'products-completo operations hazard" . This waiver applies only to the person or organizati on
shown in the Schedule above.
Authorize d Agent
~._..!
Insert the policy number. The remainder of the information is to be co only when this endorseme n t is issued subsequent to the preparation of the policy.
Exclusion 2 .c. of COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE is replaced in its entirety by the following:
c . "Bodily injury or property damage" arising out of any alcoholic beverage sold, served or furnished while any required
license is suspended or after such license e xpires, is cancelled or revoked .
Authorized Agent
~ti~
For the states and lines of business in which degulatory approval has been granted for the NCCt Large Risk Alternative
Rating Option, the 1ST Large Risk Alternat ive ~ating Option, or the independently filed ACE Large Risk Rating Ptan, the
premi ums for this-policy will be adjusted in acco¢dance with the Notice of Election, signed by you .
Authorized Agent
e
Case 1:10-cv-02162-WSD Document 1-2 Filed 07/13/10 Page 43 of 52
POLICY NUMBER: XSL G21732850 ENDT. #15
You should be aware that under the Terrorism Ri s Insurance Act (the Act), any losses resulting from certified acts of terrorism
under your existing coverage may be partially rei burred by the United States Government under a formula establ ished by
federal law (appl i cability is subject to the terms an conditions of each indivi dual policy) . The Act was specifically designed to
address the ability of businesses and individual o obtain property and casualty insurance for terrorism and to protect
consumers b y addressing market disrupt i ons and sure the continued availabil ity of terrorism coverage .
Under the terms of the Act, you may now have e right to purchase insurance coverage for losses resulting from acts of
terrorism . As defined in Section 102(1) of the Act: ie term "act of terrorism" means any act that is certified by the Secretary of
the Treasury, in concurrence with the Secretary f State, and the Attorney General of the United States to be an act of
terrorism; to be a violent act or an act that is dan k rous to human life, property ; or infrastructure ; to have resulted in damage
withi n th e United States, or outside th e United Sty s in the case of an air carrier or vessel or the premises of a United States
mission ; and to have been committed by an indivi gal or individuals acting on behalf of any foreign person or foreign interest,
as part of an effort to coerce the civilian populatic of the United States or to influence the policy or affect the conduct of the
United States Government by coercion -
Responsibility for Compensation under the Act isl shared between insurance companies covered by the Act and the United
States Government- Under the formula set forth i the Act, the United States Government pays 90% (85% in 2007) of covered
terrorism losses exceeding the statutorily establ 3~ed deductible, which is paid by the insurance company providing the
coverage .
We are providing you with the terrorism coverage required by the Act . The premium for the coverage is set forth below.
REDAC*ED
c
Case 1:10-cv-02162-WSD Document 1-2 Filed 07/13/10 Page 44 of 52
P OLICY NUMBER; XSL G2 1 T32859 Ei+f DT. #16
I nse rt t h e tic number. Th e remainder oP the info rm ation i s ta t completed oral when th is e ndorsement i s issued sub s u erit to the preparation of
This e nd o rsem ent m 4tlifies insuranc e provided under the follow ing :
A. Exclusion i, under Paragraph 2 ., Exclusions of Sect ion 1 - Cove rag e A - Bodily Injury A nd P ro pe rty D amage
Li ability is replaced by the following :
2. Exclus ions
this insurance does not apply to :
War
'Bodily inju ry " or "propert y damage, h owever ca used, arising, di rectly or in d irectly, out o f:
, 9) War, including und eclared or c ivil war, or
(2) Warlike action 'by a miiitaijy force, including. action in hindering or d efending against an actual or
expected a ttack, by any g4ve mmeM, sovereign or other a uthority using m ilitary personn el or oth er
age nt s; or
(3) Insurrection, rebel lio n, re~oiutio n , u surped p ower, or action tak en by gove rn mental authority in
h indering or defending ag ai n st any of these .
B_ The following exclusion is added to Paragraph 2., Exclusions of Section I - Coverage B - Personal And
Advertising Injury Liability :
2. Exclu sions
WAR
" P e rson al and ad vertisin g injury", however ca u sed , aris ing , directly or ind irectly, out of.
J a) War, including und eclared or av4 war, or
(b) Warlik e action by a m i lita ry force{, including action in hi ndering or defe nd ing ag ai n st an actual or expected
attack, by any government, sovereign o r oth er authority u sing milita ry p ersonnel or oth er agents ; or
(c) I nsu rrection, rebellion , revol ution, us ur pe d p ower, or action taken by governmental authority in hind ering
or defendi ng a gain st any of th ese .
Authorized Agent
Case 1:10-cv-02162-WSD Document 1-2 Filed 07/13/10 Page 45 of 52
POL ICY N U MB E R : XSL G21732850 ENT . #17
If th e policy or coverage pa rt to which this e nd oi i t applies conta i ns cancellation or nonrenewal p rovisi o ns more favorable to
the Named I nsu red than this endorsemen t , then provisions apply.
A . Cancellation
1 . T he first Named insured shown i n ihe Declarations may cancel this policy by maili ng or delivering to us advanc e
written notice of cancellation-
If this policy has been in efFE for 90 days or less, we may cancel this policy by mailing or deli verin g to the
first Named insured written r :e of cancell ation, accompanied by the reasons for cancellation, at least:
1 . 10 days before the effect date of cancella tion if we cancel for nonpayment of premium .
2 20 days before the effec date of cancellation if we cancel for any other reason, except we may cancel
immediately if there has
If th is policy has been in effect for more than 90 days, we may cancel this policy only for one or more of the
following reasons:
3. There has been failure to comply with underwriting requ irements within 90 days of the effective date of
coverage;
4. There has been a substan tial change in the risk covered by the policy ; or
5 . The cancellation is for all irtsureds under such policies for a given class of insureds .
If we cancel th i s policy for ari}f of these reasons , we will mail or deliver to the first Named Insured written
notice of cancellation, accompanied by the reasons for cancellation, at least:
(a) 10 days before the eff~ctive date of cancellation if cancellation is for the reason stated in Paragraph
2 .a above ; or
i
(b) 45 days before the effective date of cancellation if cancellation is for the reasons stated in 2 .b, c, d or
e above .
3_ We will mail or deliver our to the first Named Insured's last mailing address known to us.
4. Notice of cancellation will s de the effect i ve date of cancellation . The policy period wi l l end on that date .
5. if this policy is cancelled, % will send the first Named Insured any premium refund due _ If we cancel, The
refund will be pro rata. If i e first Named insured can cels , the refund may be less than pro rata . The
cancell ation will be effectiv even if we have not made or offered a r efund ,
N ONR E N EWAL
A, It we decide not to renew this policy, we wig mail or deliver to t he first Named Insured written notice of
nonrenewal, accompanied by th reason for nonrenewal, at least 45 days prior to the expiration of this policy .
Re newal Notification. If we elect to renew this policy, we will let you know, in writing :
This notice Will be delivered to you ~ mailed to you at your mailing address shown in the Declarations at least 45
days before the expiration date of thi$ policy . Proof of mailing will be sufficient proof of notice .
V-3
Authorized Agent
I n sert th e Doi ECV nu mber. T he remai n der of the information +s the preparation of the
If the policy or coverage part to which this endorsement applies contains cancellation or nonrenewal provisions more favorable to
the Named Insured than this endorsement, then t*Se provisions apply .
A. Cancellation
t . The first Named Insured s hown in the ne~larations may cancel this policy by mailing or deliver ing to us advance wr itten
n otice of ca n ce lla tio n sta ting a future d ate on wh i ch the policy i s to be cancell ed , subject to th e following:
a. t# only the interest of the first Named Insured is affected, the effective date of cancellation will be ei ther the date we
receive notice from the first Named cured or the date sp ecified i n the notice , whichever is later. However, upon
rece iving a written notice of cancel3 lion from the first famed Insured , we may waive the requirement that the
notice state the future date of can IlaUon , by confi rming the date and time of cancellati on i n writing to the first
Named Insured .
b. !f by statute, regulation or contract ) this poli cy may not be cancelled unle ss notice is given to a governmental
agency , mortgagee or other third pa y , we will mail or deliver at lea s t 10 days noti ce to the first Named Insured and
the third party as soon as psaeticai~l after rec eiv i ng the first N amed insured's request for cancellation. Our notice
will state the effective date of cancel tion, which will be the later of the followring :
( 2) The effective date of cancell a tion state d i n the first Na med Ins ured's n oti ce to us .
C. Prem i um Refund
(1) If this policy is cancelled , we will send the first Named Insured a ny premi um refund due .
(2) If we cancel, the refund will be fro rata, exce pt as provi d ed in c . b elow .
(3) i f the cancellation res ults from iiure of the first N ame d Insu red to pay, wh en due, any premium to us or any
amount, when due, u n der a remium finance agreement then t h e refu nd may be less tha n pro rata .
Ca lc ulation of the return premiu at less th an p ro rata represents a penalty charge d on u nea rned prem i um .
(4) If the first Nam e d ins ured ca nceMs, th e refund may be l ess tha n pro rata.
2. We may cancel this pol icy by mailing or d4livesing to the first Named Insured wri tten notice of canceltation at least :
3. We wil l mai l or deliver our n ot ice to the firs N amed Insured's last mai lin g address known to u s.
4. Notice of cancellati on will state the eifec$tive date of cancellation . The policy period will end on that date .
5 . # this policy is cancelled, we will send e first Named insured any premium refund due . If we cancel, the refund will
be pro rata. If the first Named Insur d cancels, the refund may be less than pro rata . The cancellation will 'be
effective even if we have not made or o eyed a refund .
If we deci de to.
2. increase current policy premium by rr0ore than 95% (other than any increase due to change in risk, exposure or
experience modification or resulting frorh an audit of auditable coverage(s) ; or
Then :
We will mail or deliver notice of our action (}ncluding the dollar amount of any increase in renewal premium of more than
15%) to the first Named insured and lienholder, if any, at the last mailing addresses known to us . We will mail or deliver
notice at least.
1. 1 0 days be fore the effective date of cancellation i f this po licy h as been in effect l ess than 60 days or if we ca n cel for
n on payment of prem ium ; or
1
2 . 45 days before the effective date of ca ceHation if this policy has been in effect 60 or more days and we cancel for a
reason other than nonpayment of premium-, or
3 . 45 days before the expiration date of this policy if we decide to nonrenew, increase the premium or limit or restrict
coverage .
A uthorized Agent
0
Includes capyrigFited material of insurance Servi ces Offi ce Inc.,
LD-2S58c (02/01) with its pe rmissi o n Page 2 of 2
Case 1:10-cv-02162-WSD Document 1-2 Filed 07/13/10 Page 49 of 52
POLI C Y NUMBER : XSL G21732850 E NDT_ #19
If the policy or coverage dart to which this endor meet applies contains cancellation or nonrenewal provisions more favorable
to the Named Insured than this endorsement, thel those provisions apply .
A. Cancellation
1 . The first Named insured shown in the I Declara#ions may cancel this policy by mail ing or delivering to us advance
written notice of cancellation .
2. a . CAN CELLATION OF POLICIES 0 EFFECT FOR FEWER THAN 60 DAYS AND NOT RENEWALS .
If this policy has been in effect f~ fewer than 60 days and is not a renewal of a policy we i ssued , we may
cancel th i s policy for any reason , s object to the following:
We may cancel this policy by I or delive ring to th e fi rst N a med Ins u red w ritten n otice of cancellatio n
at least 30 days before the ei date of cancellation.
We may cancel this policy by I or delivering to the first Named Insured written notice of cancellation
at least 60 days before the el date of cancellation -
If this policy has been in effect for 0 days or more, or is a renewsl of a policy we issued, we may cancel only
for one or more of the following rea ons :
(2) Fraud or material misrepresentation made by you or with your knowledge in obtaining the policy,
continuing the policy, or in pres~ting a claim under the poficy ;
(3) Activities or omissions by you v4hich change or increase any hazard insured against ;
(4) Change in the risk which incr ses the risk of loss after we issued or renewed this policy inducting an
increase in exposure due to re~la6on,legislation, or court decision;
(5) D etermination by th e Commissi on er of Ins ura n ce that the continuation of this policy would jeopardize our
solven cy or wou ld pl ace us in vio lation of the insura n ce laws of this or any other st a te;
(6) The ins ure d 's vi o l ation or bread of any poli cy term s o r conditi ons ; or
(7) A ny oth er rea son that are approve d by th e C omm issione r of Insura nce.
wi th its permission
Case 1:10-cv-02162-WSD Document 1-2 Filed 07/13/10 Page 50 of 52
We will mail or deliver written of cancellation u nder this item 2_ to the firs t named Insured at least:
(a) 10 days before the effective of cancellation if we cancel for nonpayment of premium; or
(b) 30 days before the date of cancellation if we cancel for a reason described i n 2 . a _ through g _
above.
3 . We will mail or deliver our notice to first Named Insured ' s last mailing address known to us .
4. Notice of cancellation will state the date of cancellafian . The poficy period wi!l end on that date .
5. If this policy is cancelled, we will the first Named Insured any premium refund due , subj e ct to paragraphs e . 1 _
and e2. The ca n cel l ation will be Live even if we have not made or offered a refund .
b. !f the first Named i nsured cancels the refu nd may be less than pro rata, and wi ll be sent to the first t amed
Insu re d with i n 30 days after the effective d ate of cancel lation.
It. The fo llowing Condition supersedesany o ther provi sions to the contrary .
NO NRENEW AL
A. If we decide not to renew this policy, we Eli mail or deliver written notice of nonreneuvai to the first Named Insured, at
the last address shown on the policy, a t ~ast 60 days before its expiration date, or its anniversary date if it is a policy
written for a term of more than one year dr with no fixed expiration date .
1 . We or anothe r compa ny within o u r insurance group have offered to issue a renewsl policy ; or
2. You have obtained replacement coverage or have ag reed in writing to obtain rep laceme nt coverage .
C. Any notice of nonrenewa l will be mailed r delivered t o the First N a m e d Insured at the last mailing add ress known to
us. If noti ce is mailed , proof of mai l ing wi~t be sufficient proof of no#ice.
D. Our notice of n onrenewa l sh a ll i nc lud e t e Named Insure d's loss ru n information for the period th e pol icy h as been in
force with us, but will not excee d the last three years of coverage.
E. I f the nonrenewa l n otice is mailed less t* sixty days before expisation, .covesage witl re main in effect under the same
terms a nd co nd ition s until sixty days a ft r notice is mail ed or delivered . Earned p remium for a n y period of coverage
that extends beyond the expiration date all be considered p ro rata base d upon the previous year's rate . The t ransfer
of a policyholder between companies in the sa me insura n ce group s hall not b e a refusal to re n ew. In addition ,
c h ang es i n the deductibl e, changes +n fe, cha ng es i n the amou nt of insura nce, or re ductions in policy limits o r
covera g e shall not be refu sals to ren ew. ',
Authorized Agent
LD-2S66c (0812001) Printed in U .S .A. Includes copyrighte d m aterial of Insurance Services Office tnc_, Page 2 of 2
with i ts permission
Case 1:10-cv-02162-WSD Document 1-2 Filed 07/13/10 Page 51 of 52
P 0 U CY NUMBER : XSL G21732850 ENDT . #2 0
1 . Th e first Na med Insured shown in the Declarations m ay cancel t his policy by mailing or deli vering to us advance written
noti ce of cancel l ation .
2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation, stating the
reason for cancellation, at least 10 days b$fore the effective date of cancellation .
However if this policy cove rs a condominium association , and the condominium property conta i ns at least one
residence or the cond ominium declarati s conform with th e Te xas Uniform Condominium Act , then the notice of
cancellation, as describ ed a bove , will i3e provided to the f irst Named Insured 30 days before the effective date of
cancellation . We will also provide 30 d~ys' written notice to each unit -owner to whom we issued a certificate or
memorandum of insurance , by mailing or I+vering the noti ce to ea ch last mailing address known to us .
a . 1# this policy has been in effect for 60 ~ys or less, we may cancel for any reason except, that under the provisions
of the Texas Insurance Code, we may of cancel this policy solely because the policyholder is an elected official .
b. If this policy has been in effect for mt~r than 60 days, or if it is a renewal or continuation of a policy issued by us,
we may cancel only for one or more of Ihe following reasons :
(3) An increase i n hazard within the control of th e in sured which would produce an increase in rate ;
(4) Loss of our reinsurance covering aj or part of t h e risk covered by the p olicy ; or
(5) If we h ave been placed in r oper+ion , conse rvato rsh ip o r receivership and the cance llation is approved or
di rected by the supe rvisor, conserve#4r or receiver .
3. We wi ll m ail or d eliver our notice to the fir4 l Na med Insured's last mailing address known to us_
4 . Noti ce of cancella ti on wil l state the effediw~ d ate of cance ll ation. The policy p eriod wi ll end on that dat e_
5. if th is policy is cancelled, we will se nd the fi~s# Named Insured any p remium refund due . 1 f we ca ncel, the refund wilt b e
pro rata . If th e fi rst N am ed Insured cance~s, th e refund may be less tha n pro rata . The cancellation will be effective
e ven i f we have not made or offere d a refun d.
NONRENEWAL
9 . We may elect not to renew thi s policy exce~t, th at under th e pro visions of the Texas I n su rance Code, we may not
refuse to ren ew thi s policy solel y beca u se toe policyholder i s an el ected o fficial.
Z. This Paragraph 2 . , applies unless the poli~y qualifies under Paragraph 3 . below .
If we elect not to renew this policy, we m y do so by mai ling or delivering to the first Named Insured, at the last ma iling
address known to us, written notice of lonrenewal , stating the reason for nonrenewal, at least 60 days before the .~~
expiration date. If notice is mailed or de vexed less than 60 days before the expiration date, th is policy will remain in ~ ~
effect until the 62 5' day after the date on which the not i ce is ma i led or delivered- Earned premium for any period of
coverage that extends beyond the expiration date will be computed pro rata based on the previous year' s premium ..
3 . If this pol icy covers a condominium assa 'ati o n, and the condominium property contains at least one residence or the
condominium declarations conform with the Texas Uniform Condomin ium Act, then we wi ll ma il or deliver written notice
of nonrenewal , at least 30 days before th expiration or anniversary date of the policy, to:
Authorized Agent
LD -2S89a (02/09) Includes copy ghted material of Insurance Services Offi ce Inc. , Page 2 of 2
with i ts permission