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19-096 David Taussig & Associates, Inc. (DTA), Services Agreement
CITY OF SERVICES AGREEMENT ($59000 OR LESS) CUPERTINO 1. Parties. This Agreement("Agreement")is made and entered into as of June 1, 2019 ("Effective Date")by and between the City of Cupertino, a municipal corporation("City") and DTA(David Taussig &Associates, Inc.) ("Contractor"), a Corporation 2. Services. Contractor agrees to provide the programs, classes or activities ("Services") set forth in detail in the Scope of Services, attached and incorporated here as Exhibit A. 3. Time of Performance.This Agreement begins on the Effective Date and ends on December 31, 2019 ("Contract Time"),unless terminated earlier as provided herein. Contractor must deliver the Services in accordance with the Schedule of Performance included or attached to Exhibit A.Time is of the essence for the performance of all the Services. Contractor must have sufficient time,resources, and qualified staff to deliver the Services on time. 4. Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based upon actual costs but that will be capped so as not to exceed$ 1500 ("Contract Price"),based upon the Scope of Services and the budget and rates included in Exhibit A. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor's actual costs exceed the capped amount.Upon City approval of written invoices, Contractor will be paid as follows: (check one; cross out others): 0 A lump sum amount of$ 1500 which shall not exceed the Contract Price. ❑At the rate of$ per hour for a total not to exceed the Contract Price. ElBased on the payment schedule included or attached to Exhibit A which shall not exceed the Contract Price. 5. Independent Contractor. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits,workers compensation or other benefits from the City. Contractor must have the skills and qualifications to perform the Services in a competent and professional manner, and must be licensed, registered, and/or certified and have a City Business License. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement. 6. Assignment. This Agreement is not assignable. Contractor may not substitute another or transfer any rights or obligations under this Agreement without prior written approval of City. Only those persons I whose names are included in Exhibit A may perform the Services. City Project Special Assessment Administration-1992 Storm Drainage Service Charges by Parcel Services Agreement($5,000)/Rev. May 22, 2018 Page 1 of 6 7. Indemnification. To the fullest extent allowed by law and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend, and , 2 hold harmless City, its City Council,boards and commissions, officers, officials,employees, agents, servants, volunteers and consultants ("Indemnitees"), through legal counsel acceptable to City,from and against any and all liability, damages, claims, actions, causes of action, demands, charges,losses, costs and expenses (including attorney fees, legal costs and expenses related to litigation and dispute resolution proceedings), of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following: (a) Breach of contract, obligations,representations or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury,property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; j Contractor must pay any costs City may incur in enforcing this provision and must accept a tender of defense upon receiving notice from City. Contractor's payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement. 8. Insurance. Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit B, and must maintain the insurance for the duration of the Agreement,or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type,amount, class of operations covered, and the effective and expiration dates of coverage.Failure to comply with this provision may result in City, at its sole discretion and without notice,purchasing insurance for Contractor and deducting the costs from Contractor's compensation or terminating the Agreement. 9. Compliance with Laws. Contractor shall comply with all laws and regulations applicable to this Agreement, included without limitation the following laws: Labor Laws.Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a"public works" component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. ❑Sole Proprietor. If Contractor is a sole proprietorship/individual, it must sign the Affidavit of No Employees included in this Agreement. Discrimination Laws. Contractor shall not discriminate on the basis of race,religious creed, color, ancestry,national origin, ethnicity,handicap, disability,marital status,pregnancy, age, sex,gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome(AIDS)or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777 and 3077.5. Consistent with City policy,Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person,by Contractor or Contractor's employees or sub-contractors will not be tolerated. City Project Special Assessment Administration-1992 Storm Drainage Service Charges by Parcel Services Agreement($5,000)/Rev. May 22, 2018 Page 2 of 6 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of the California Code of Regulations. Contractor agrees to abide by the City's rules governing gifts to public officials and employees. 10.Abandonment. City may abandon or postpone the Project at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment. 11. Termination. City may terminate this Agreement for cause or without cause at any time. City reserves the right to terminate the Agreement and the remainder of the Services offered by Consultant without notice based upon Contractor's cancellation of a Service (i.e.,program, class or activity) without giving advance notice or obtaining written approval from City. 12. Governing Law. This Agreement is governed by the laws of the State of California.Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration,the arbitrator's award must be supported by law and substantial evidence and include detailed written findings of law and fact. 13.Entire Agreement. This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement or understanding, either oral or written,between the Parties. Any changes to this Agreement will be effective only if in writing and signed by each Party's authorized representative.No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between the main Agreement and the attachments or exhibits thereto,the text of the main Agreement shall prevail.Each provision and clause required by law for this Agreement is deemed to be inserted and will be inferred herein. I 14. Services Coordinator. The Parties designate the following persons as Services Coordinators for this Agreement. Contractor's designation and any substitution are subject to City approval. For Contractor: For City: DTA(David Taussig&Associates,Inc.) Cheri Donnelly Nathan D.Perez Name Name Managing Director Environmental Programs Manager Position Position 800-969-4382 408-777-3242 Contact Contact i City Project Special Assessment Administration-1992 Storm Drainage Service Charges by Parcel Services Agreement($5,000)/Rev. May 22, 2018 Page 3 of 6 15. Contract Interpretation. There are no intended third party beneficiaries of this Agreement.Neither acceptance of the Services nor payment therefor shall constitute a waiver of any contract provision. City's waiver of a breach shall not constitute waiver of another provision or breach.The headings in this Agreement are for convenience only. The Indemnification and Governing Law sections expressly survive this Agreement. 16. Severability. If a-term or provision of the Agreement or its application to a particular situation is found by the court to be void, invalid, illegal or unenforceable, such term/provision shall remain in effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. 17.Notices. All notices, demands,requests and approvals must be sent to the persons below in writing, and will be considered effective on the date of personal delivery,upon confirmation of delivery by a reputable overnight delivery service, on the fifth calendar day after deposit thereof in the United States Mail,postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino: To Contractor:DTA(David Taussig&Associates,Inc.) 10300 Torre Ave.,Cupertino,CA 95014 99 Almaden Boulevard,Suite 875 San Jose,CA 95113 Attention:Cheri Donnelly Attention:Nathan D.Perez Email:CheriD@Cupertino.org Email:NPerez@Taussig.com 18.Validity of Contract. This Agreement is valid and enforceable only if(a)it complies with the contract provisions of Cupertino Municipal Code Sections 3.22 and 3.23, (b)is signed by the City Manager or an authorized designee, and(c)is approved for form by the City Attorney's Office. 19.Execution. Contractor's signatory warrants that he or she is authorized to execute the Agreement and to legally bind Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together,constitute a single binding instrument. City Project Special Assessment Administration-1992 Storm Drainage Service Charges by Parcel Services Agreement($5,000)/Rev.May 22,2018 Page 4of6 IN WITNESS WHEREOF,the Parties have caused the Agreement to be executed as of the Effective Date written above. CONTRACTOR CITY OF CUPERTINO DTA(David Taussig&Associates,Inc.) A Municipal Corporation 99 Almaden Boulevard,Suite 875 San Jose, 951 3 By: By: Name:Nathan D.Perez Name:Cheri Donnelly Title:Managing Director Title:Environmental Programs Manager Tax I.D. No.:33-0171945 APPROVED AS TO FORM: By: ° HEATHER M. INNER Cupertino City Attorney ATTEST: By: GRACE SCHMID , City Clerk i„ s City Project Special Assessment Administration-1992 Storm Drainage Service Charges by Parcel Services Agreement($5,000)/Rev. May 22,2018 Page 5 of 6 F www.FinanceDTA.com SCOPE OF WORK SPECIAL ASSESSMENT ADMINISTRATION CITY OF CUPERTINO JUNE 4, 2019 Public Finance Public Private Partnerships Development Economics Clean Energy Bonds ta www.FinanceDTA.com EXHIBIT A SCOPE OF WORK CITY OF CUPERTINO SPECIAL ASSESSMENT ADMINISTRATION DTA("Consultant") shall provide financial consulting services to assist the City of Cupertino ("Client") in the administration of Client's parcel tax, special tax, or special assessment. The focus of these services shall be to determine the parcel tax, special tax,or special assessment charges and to facilitate the collection of the charges for one (1) fiscal year, 2019-2020, by the County of Santa Clara. The specific activities and tasks to be performed under this Scope of Work include the following: Task 1 Parcel Database This task involves organizing the land use data required to apportion and collect parcel tax, special tax, or special assessment charges,and includes the following subtasks: 1.1 Database Management: Create automated parcel database to include all parcels. Data items will include Assessor Parcel Number, acreage,and owner of record,as necessary and applicable. 1.2 Parcel Research: Review Assessor Parcel Maps to determine which parcel numbers will be valid for each fiscal year. Task 2 Parcel Tax, Special Tax, or Special Assessment Budget This task involves working with the Client to determine the parcel tax, special tax,or special assessment budget for each fiscal year and calculating the charge for each parcel in the parcel tax, special tax, or special assessment, and includes the following subtasks: 2.1 Determine Parcel Tax, Special Tax, or Special Assessment Charge Requirement: Determine parcel tax, special tax, or special assessment budget based on information provided by the Client. 2.2 Parcel Tax, Special Tax, or Special Assessment Charge: Based on the parcel tax, special tax, or special assessment budget, compute the parcel tax, special tax, or special assessment charges for all parcels for a given fiscal year. City of Cupertino June 4,2019 Special Assessment Administration A-1 dta www.FinanceDTA.com Task 3 Summary Memo This task includes the preparation of a summary memo. Included in the memo is a list of parcel tax, special tax, or special assessment charges by Assessor's Parcel. Task 4 Submittal of Parcel Tax, Special Tax, or Special Assessment Charges to County of Santa Clara This task involves submitting the parcel tax, special tax, or special assessment charges on or before August 10, of each year, or such other date specified by the County of Santa Clara to the Auditor-Controller for inclusion on each fiscal year's consolidated property tax bills. The parcel tax, special tax, or special assessment levy will be submitted via email or other media as specified by the County. Optional Services Task 5 Provide Information to Interested Parties This task involves the provision of information to individuals and other interested parties regarding the amount and calculation of the special tax. DTA's"800"phone number will be placed on the property tax bills mailed by the County. This task includes brief written responses to property owners as necessary. Formal meetings with property owners to resolve disputes will be classified as "Additional Work" and billed at the hourly rates listed in Exhibit B. Task 6 Roll Monitoring and Adjusted Property Tax Bills This task involves monitoring any changes to the secured tax roll which necessitate new or adjusted property tax bills. This task includes the calculation of new or adjusted bills and the preparation of requests to the County to prepare such bills. Task 7 Delinquent Property Owner Research This task involves the review and research of County records to determine which parcels are delinquent in the payment of property and special taxes, and includes the following subtasks: 7.1 Static Delinquent Special Tax Report: Request the First, Second, and Final Installment Paid/Unpaid Status Reports from the Santa Clara County Auditor-Controller to determine which parcels are delinquent and the corresponding amount of delinquent special taxes. Prepare report summarizing the amount of delinquent special taxes. City of Cupertino June 4,2019 Special Assessment Administration A-2 ta www.FinanceDTA.com I/ 7.2 Dynamic Delinquent Special Tax Report: As necessary, conduct a review of on- line records to provide an up-to-the-minute status report for any given number of delinquent parcels. Please note that our research for this task is dependent upon the rate at which the County updates their on-line payment records. Task 8 Ownership/Exempt Parcel Research This task involves researching and monitoring any changes in ownership and offers of dedication of property to public agencies and other entities exempt from the special tax. City of Cupertino June 4,2019 Special Assessment Administration A-3 dta www.FinanceDTA.com EXHIBIT B FEE SCHEDULE CITY OF CUPERTINO SPECIAL ASSESSMENT ADMINISTRATION Consultant shall charge the following hourly fees for services related to Tasks 1 through 4: 11 VA 4PrW, i President/Managing Director $325/Hour Vice President/Engineer $250/Hour Manager $185/Hour Senior Associate $170/Hour Associate II MS/Hour Associate I $140/Hour Research Associate $110/Hour Subject to the limitations below, fees related to Tasks 1 through 4 shall not exceed $1,500 for the upcoming fiscal year. Monthly progress payments will be made by Client upon presentation of invoice by Consultant providing details or services rendered and expenses incurred. At Client's request services in addition to those identified in the Scope of Work may be provided if the total fee required to complete Tasks 1 through 4 is less than the amounts shown above. Alternatively, if the Scope of Work can be completed for less than the maximum amount, only the hours actually expended will be billed. In addition to fees for services,Client shall reimburse Consultant for travel,copying, courier, facsimile,telephone expenses,data services,maps, clerical charges,administrative charges, and other out-of-pocket expenses, in an amount not to exceed $500 for each fiscal year. Monthly progress payments shall be made by Client upon presentation of invoices by Consultant providing details of services rendered and expenses incurred. Limitations The preceding hourly rates apply for a twelve (12) month period from execution of the Agreement and are subject to a cost-of-living and/or other appropriate increase every twelve (12) months thereafter. Consultant generally reviews its hourly rates annually and, if appropriate, adjusts them to reflect increases in seniority, experience, cost-of-living, and other relevant factors. Consultant shall notify Client in advance of any such increase. City of Cupertino June 4,2019 Special Assessment Administration B-1 ta www.FinanceDTA.com Additional services other than those necessary to amend errors on the part of Consultant in Tasks 1 through 4 are not covered by the maximum fee listed above. City of Cupertino June 4,2019 Special Assessment Administration B_2 EXHIBIT B Insurance Requirements Services Agreement ($5,000 or less) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance and results of the Services hereunder by the Contractor,his agents,representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: i r 1. Commercial General Liability(CGL):Insurance Services Office("ISO")Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, contractual liability, property damage, bodily injury, and personal and advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project(ISO CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (1) the minimum j coverage/limits specified in this agreement; or(2)the broader coverage and maximum limits of coverage of any insurance policy,whichever is greater. b. Additional Insured coverage under Contractor's policy shall be "primary and non- contributory,"will not seek contribution from City's insurance/self-insurance,and shall be at least as broad as ISO CG 20 0104 13 c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect City as a named insured. i 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto(Code 1),or,if Contractor has no i owned autos, then hired autos (Code 8) and non-owned autos (Code 9), with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers'Compensation:As required by the State of California,with Statutory Limits, and Employer's Liability Insurance of no less than$1,000,000 per occurrence for bodily injury or disease. j (Not required if Contractorprovides written verification it has no employees). 4. Professional Liability. Insurance which includes coverage for professional acts, errors and omissions, with limits no less than$2,000,000 per occurrence or claim, $2,000,000 aggregate (if applicable). If Contractor maintains broader coverage and/or higher limits than the minimums shown above,City requires and shall be entitled to the broader coverage and higher insurance limits maintained by Contractor. OTHER INSURANCE PROVISIONS The insurance policies are to contain,or be endorsed to contain,the following provisions: Additional insured Status The City of Cupertino, its City Council, officers,officials,employees,agents, servants and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of the Services Insurance Requirements for Services Agreement($5,000 or less) Version:July 2018 1 j performed by or on behalf of Contractor including materials,parts,or equipment furnished. Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not available,through the addition of both CG 20 10,CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used. Primary Coverage For any claims related to this Contract,the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of Contractor's insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire,except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Contractor grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self-Insured Retentions City may approve self-insured retentions and require proof of Contractor's ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy shall provide, or be endorsed to provide,that the self-insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurers must be acceptable to City and licensed to do business in California,and each insurer must have an A.M.Best's financial strength rating of"A"or better and a financial size rating of"VIP or better. Claims Made Policies(applicable only to professional liability) If any of the required policies provide coverage on a claims-made basis: 1. The Retroactive Date must be shown and must be before the Effective Date of the Contract. 2. Insurance must be maintained for at least five(5)years after completion of the Services. 3. If coverage is canceled or non-renewed,and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Contractor must purchase "extended reporting"coverage for a minimum of five(5)years after completion of the Services. Verification of Coverage Contractor shall furnish the City with acceptable original certificates and mandatory endorsements(or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City prior to commencing the Services. City retains the right to demand verification of compliance at any time during the Contract. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. Insurance coverage shall not limit Contractor's duties to indemnify, defend and hold City harmless. City reserves the right to modify these requirements based on the nature of the risk, prior experience, insurer, coverage or other special circumstances. Insurance Requirements for Services Agreement($5,000 or less) Version:July 2018 2 DAVITAU-01 LBURRILL A�ORO" =CERTIFIGATE'•QF LIABILITY INSURANCE DAT 113/ 01YYYYl 61312D 19 THIS CERTIFICATE IS ISSUED AS A INATTER 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 E 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 he endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may irequire an endorsement.. AS tatement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 'PRODUCER CONTACT Lisa Burrill ME: Southern California Insurance Brokerage PHONE FqX 3110 E.Guasti Road AIC,No,Etat):(909 484=2456 Alc,No): Suite 500 _E-MAIL lisa@socalinsurance.com Ontario,CA 91761 AD RESS INSURER S AFFORDING COVERAGE NAIL# INSURERA:.Sentinel Insurance Com an Ltd 11000 INSURED, INSURER B i California Automobile Insurance Company 38342 National Union Fire Insurance Com an of Pittsbur David Taussig&Associates Inc. ilusURERc: P " y 9h,Pa:.19445 5000 Birch St.46000 INSURER 0:Property and Casualty Insurance Cornpanyo1 Hartford 34690 Newport Beach,CA 92660 INSURERE:Philadelphia Indemnity Insurance Company Compainy 18058 INSURERF:Hartford Fire Insurance Com `an 19682 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 1 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 RESPECTTO 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. j ILTR ADDL SUER POLICY.EFF POLICY EXP N I SD WVD POLICYNUMBER R TYPE OF INSURANCE MM1OO MMl00 LIMITS A X COMMERCIAL GENERAL LIABILITY - EACH OCCURRENCE g 21e00,000. :CLAIMS-R,1ADE X. OCCUR 72SBAAP5439 212412019 2/2412020 PIAMAGETORENTED 1,UDD,000 I -X �X. REM E ISES Ea occu ante $ { MED EXP. An one pirsonj $ 10,000 PERSOM 9 ADV INJURY 2,DDD,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGR 11 EGATE 4,000,000 .POLICY❑X JECT LOC - .PRODUCTS-COMPIOPAGG $ 4,000,000 OTHER: S AUTOMOBILE LIABILITY COMBINEQ SINGLE LIMIT t0.OD,000 - - Ea accldan[ X ANY AUTO BA040000030599 1218/2018; -1 210 12 0 1 9. BODILY INJURY Per erson $ OWNED SCHEDULED AUTOS ONLY AUTOS 130DILYINJURY Per accident HIRED NON-OKi/NED -PROPERTY DAMAGE AUTOS..ONLY AUTOS ONLY er accident -- IIt $ C X UMBRELLA LiA6- X OCCUR 3,0OD,000" EACH OCCURRENCE $ I EXCESS LIAB CLAIMS44ADE EBU 27033489 21214/2019 2/2412,020 ,AGGREGATE. 3,OD0,000 OED RETENTION$ $ D WORKERS COMPENSATIONX PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER-- - ANY PROPRIETORIPARTNERIEXECUTIVE ❑ X 72 WEC EU2873 9/112018 911/2019 1 000,000 OFFICERIMEMBER EXCLUDED? N!A E.L:EACH ACCIDENT r (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ 1�00D,DOD If yes;describe under 1 eDD OOD DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT E PROF.LIABILITY-CLA PHS01391520 1 iM12018 111112019 LIMIT 2,000,000 F CRIME 72 BDD HP8140 6//412018 611412019 LIMIT 1,D00,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 111,Additional Remarks Schedule,maybe attached if more space is required) CITY OF CUPERTINO,ITS OFFICERS,,-OFFICIALS,EMPLOYEES,AGETS AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED. -BUSINESS LIABILITY COVERAGE FORM INCLUDING GL All WITH PRIMARY WORDING'&WAIVER;AND WC-WAIVER ATTACHED. REV:6M3119 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OFCUPERTINb THE EXPIRATION DATE THEREOF,. NOTICE WILL :BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10300 TORRE AVENUE CUPERTINO,CA 9501.4 AUTHORIZED REPRESENTATIVE 6AVO ACORD 25(2016103) OO 1988-2015_ACORD CORPORATION, All rights reserved. The ACORD name and logo;are registered marks of ACORD POLICY NUMBER:72SBAAP5439 it BUSINESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights,duties and what is and is not covered. Throughout this policy the words"you" and "your" refer to the Named Insured shown in the Declarations: The words "we", "us"and"our"refer to the stock insurance company member of The Hartford providing this insurance. The word"insured"means any person or organization qualifying as such under Section C. -Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And Medical Expenses Definitions. A. COVERAGES (a) The "bodily injury" or "property 1. BUSINESS LIABILITY COVERAGE (BODILY damage" is caused by an INJURY, PROPERTY DAMAGE, PERSONAL "occurrence" that takes place in the AND ADVERTISING INJURY) "coverage territory"; Insuring Agreement (b) The "bodily injury" or '`property damage" occurs during the policy a. We will pay those sums that the insured period; and becomes legally obligated to pay as (c) Prior to the policy period, no insured damages because of "bodily injury listed under Paragraph 1. of Section "property damage" or "personal and C. — Who Is An Insured and no advertising injury" to which this insurance "employee"authorized by you to give applies. We will have the right and duty to or receive notice of an "occurrence" defend the insured against any "suit" or claim,knew that the"bodily injury" seeking those damages. However, we will or "property damage" had occurred, have no duty to defend the insured against in whole or in part. If such a listed any "suit" seeking damages for "bodily insured or authorized "employee" injury", "property damage" or "personal and knew, prior to the policy period, that advertising injury" to which this insurance the "bodily injury" or "property does not apply. damage" occurred, then any We may, at our discretion, investigate any continuation, change or resumption "occurrence"or offense and settle any claim of such "bodily injury" or "property or"suit"that may result. But: damage" during or after the policy (1) The amount we will pay for damages is period will be deemed to have been limited as described in Section D. - known prior to the policy period.. Liability And Medical Expenses Limits (2) To "personal and advertising injury" Of Insurance;and caused by an offense arising out of your (2) Our right and duty to defend ends when business, but only if the offense was we have used up the applicable limit of committed in the "coverage territory" insurance in the payment of judgments, during the policy period. settlements or medical expenses to which c. "Bodily injury" or "property damage" will be this insurance applies. deemed to have been known to have No other obligation or liability to pay sums or occurred at the earliest time when any perform acts or services is covered unless insured listed under Paragraph 1.of Section explicitly provided for under Coverage C. — Who Is An Insured or any "employee" Extension-Supplementary Payments. authorized by you to give or receive notice 6 of an"occurrence"or claim: . This insurance applies: (1) Reports all, or any part, of the "bodily (1) To "bodily injury" and "property „ " " injury or property damage to us or damage"only if: any other insurer; Form SS 00 08 04 05 Page 1 of 24 0 2005,The Hartford BUSINESS LIABILITY COVERAGE FORM (2) Receives a written or verbal demand or b. We will make these payments regardless of claim for damages because of the "bodily fault. These payments will not exceed the injury"or"property damage";or applicable limit of insurance. We will pay (3) Becomes aware by any other means that reasonable expenses for: "bodily injury" or "property damage" has (1) First aid administered at the time of an occurred or has begun to occur. accident; d. Damages because of"bodily injury" include (2) Necessary medical, surgical, x-ray and. damages claimed by any person or dental services, including prosthetic organization for care, loss of services or devices;and death resulting at any time from the "bodily (3) Necessary ambulance, hospital, injury": professional nursing and funeral e. Incidental Medical Malpractice services. (1) "Bodily injury" arising out of the 3. COVERAGE EXTENSION - rendering of or failure to render SUPPLEMENTARY PAYMENTS professional health care services as a a. We will pay, with respect to any claim or physician, dentist, nurse, emergency "suit" we investigate or settle, or any "suit" Medical technician or paramedic. shall be deemed to be caused by an against an insured we defend: occurrence,but-only if: (1) All expenses we incur. (a) The physician, dentist, nurse, (2) .Up to $1,000 for the cost of bail bonds emergency medical technician or required because of accidents or traffic paramedic is employed by you to law violations arising out of the use of provide such services; and any vehicle to which Business Liability Coverage for"bodily injury" applies. We (b} You are not engaged in the do not have to furnish these bonds. business or occupation of providing such services. (3) The cost of appeal bonds or bonds to release attachments, but only for bond (2) For the purpose :of determining the amounts within- the applicable limit of limits..of insurance for incidental medical insurance. We do not have to furnish malpractice, any act or omission these bonds. together with -all related acts or omissions in the furnishing of these (4) All reasonable expenses incurred by the services to any one person will be insured at our request to assist us in the considered one"occurrence". investigation or defense of the claim or 2. MEDICAL EXPENSES "suit", including actual loss of earnings up to $500 a day because of time off Insuring Agreement from work. a. We will pay medical expenses as described (5) All costs taxed against the insured in below for "bodily injury" caused by an the"suit". accident; (6) Prejudgment interest awarded against (1) On premises you own or rent; the insured on that part of the judgment (2) On ways next to premises you own or we pay. If we make an offer to pay the rent;or applicable limit of insurance, we will not (3) Because of your operations; pay any prejudgment interest based on .Provided that that period of time after the offer. (7) All interest on the full amount of any (1) The accident takes place in the judgment that accrues after entry of the "coverage territory" and during the judgment and before we have paid, policy-period; offered to pay, or deposited in court the (2) The expenses are incurred and reported part of the judgment that is within the to us within three years of the date of applicable limit of insurance. the accident,and Any amounts paid under (1) through (7) (3) The injured person submits to above will not reduce the limits of insurance. examination, at our expense, by physicians of our choice as often as we reasonably require. Page 2 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM b. If we defend an insured against a "suit" 5o long as the above conditions are met, and an indemnitee of the insured is also attorneys' fees incurred by us in the named as a party to the "suit"; we will defense of that indemnitee, necessary defend that indemnitee if all of the litigation expenses incurred by us and following conditions are met: necessary litigation expenses incurred (t) The "suit" against the indemnitee by the indemnitee at our request will be seeks damages for which the insured paid as Supplementary Payments. has assumed the liability of the Notwithstanding the provisions of indemnitee in a contract or agreement Paragraph 1.b.(b) of Section B. - that is an "insured contract"; Exclusions, such payments will not be (2) This insurance applies to such liability deemed to be damages for "bodily assumed by the insured; injury" and "property damage" and will not reduce the Limits of Insurance.. (3) The obligation to defend, or the cost of the defense of, that indemnitee, has Our obligation to defend an insured's also been assumed by the insured in indemnitee and to pay for attorneys' fees the same"insured contract"; and necessary litigation expenses as Supplementary Payments ends when: (4) The allegations in the "suit" and the (1) We have used up the applicable limit information we know about the "occurrence" are such that no conflict of insurance in the payment of appears to exist between the interests judgments or settlements; or of the insured and the interest of the (2) The conditions set forth above, or the indemnitee; terms of the agreement described in (5) The indemnitee and the insured ask Paragraph(6)above,are no longer met. us to conduct and control the defense B. EXCLUSIONS of that indemnitee against such "suit" 1. Applicable To Business Liability Coverage. and agree that we can assign the same counsel to defend the insured This insurance does not apply to: and the indemnitee; and a. Expected Or Intended Injury {6) The indemnitee: (1) "Bodily injury" or "property damage" (a) Agrees in writing to: expected or intended from the {i) Cooperate with Us in 'the standpoint of the insured. This exclusion does not apply to "bodily investigation; settlement or defense of the"suit"; injury" or "property damage" resulting from the use of reasonable force to (ii) Immediately send us copies of protect persons or property; or any demands, notices, (2) "Personal and advertising injury" arising summonses or legal papers out of an offense committed by, at the received in connection with direction of or with the consent or the"suit"; acquiescence of the insured with the (iii) Notify any other insurer whose expectation of inflicting "personal and coverage is available to the, advertising injury". indemnitee; and b. Contractual Liability (iv) Cooperate with us with 1 "Bodilyinjury"or"property damn e";or respect to coordinating other ( ) J rY g applicable insurance available (2) "Personal and advertising injury" to the indemnitee; and for which the insured is obligated to pay (b) Provides us with written damages by reason of the assumption of authorization to: liability in a contractor agreement. (i) Obtain records and other This exclusion does not apply to liability information related to the for damages because of: "suit";and (a) "Bodily injury","property damage"or (ii) Conduct and control the "personal and advertising injury"that defense of the indemnitee in the insured would have in the such"suit". absence of the contract or agreement;or Form SS 00 08 04 05 Page 3 of 24 BUSINESS LIABILITY COVERAGE FORM (b) "Bodily injury" or"property damage" (b) ,Performing duties related to the assumed in a contract or agreement conduct of the insu,red's business,or that is an "insured contract", (2) The spouse, child, parent, brother or provided the "bodily injury" or sister of that "employee" as a "property damage" occurs consequence of(1) above. subsequent to the execution of the This exclusion applies: contract or agreement. Solely for the purpose of liability assumed in (1) Whether the insured may be liable as an "insured contract", reasonable an employer or in any other capacity; attorneys' fees and necessary and litigation expenses incurred by or for (2) To any obligation to share damages a party other than an insured are with or repay someone else who must deemed to be damages because of pay damages because of the injury. "bodily injury" or"property damage" This exclusion does not apply to liability provided: assumed by the insured under an"insured (i) Liability to such party for, or for contract". the cost of; that party's defense f. Pollution has also been assumed in the same"insured contract",and (1) "Bodily injury", "property damage or "personal and advertising injury" (ii} Such attorneys' fees and arising out of the actual, alleged or litigation expenses are for threatened discharge, dispersal, defense of that party against a seepage, migration, release or escape civil or altemative dispute of"pollutants": resolution proceeding in which a At or from an damages to which this O y premises, site or insurance applies are alleged. location which is or was at any time owned or occupied by, or c. Liquor Liability rented or loaned to any insured. "Bodily injury" or "property damage" for However, this subparagraph does which any insured may be held liable by not apply.to: reason of: (i) "Bodily injury" if sustained within (1) Causing or contributing to the a building :and caused by intoxication of any person; smoke, fumes; vapor or soot (2) The furnishing of alcoholic beverages to produced by or originating from a person under the legal drinking age or equipment that is used to heat, under the influence of alcohol;or cool or dehumidify the building, (3) Any statute, ordinance or regulation or equipment that is used to or water far personal .use., by relating to the sale, .gift, distribution or use of alcoholic beverages. .the building's occupants or their guests; This exclusion applies only if you are in the (i) "Bodily injury" or "property business of manufacturing, distributing, damage"for which you may be selling, serving or furnishing alcoholic held liable, if you are beverages. .contractor :and the owner .or d. Workers' Compensation And Similar Laws lessee of such premises, site or location has been added to your Any obligation of the insured under a policy as an additional insured workers' compensation, disability benefits with respect to your ongoing or unemployment compensation law or aerations performed ed r that any similar law. additional insured t� that e. Employer's Liability premises, site or location and "Bodily injury"to: such premises, site or location (1) An "employee" of the insured arising is not and never was owned or out of and in the course o occupied by, or rented or f: loaned to, any insured, other (a) Employment by the insured;or than that additional insured;or Page 4 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (iii) ".Bodily injury" or "property released as part of the damage" arising out of heat, operations being performed smoke or fumes from a by such insured, contractor or "hostile fire"; subcontractor; {b) At or from any premises, site or (ir) Bodily injury" or 'property location which is or was at any damage" sustained within a time used by or for any insured or building and caused by the others for the handling, storage, release of gases, fumes or disposal, processing or treatment vapors from materials brought of waste; into that building in connection (c) Which are or were at any time with operations being performed by y transported, handled, stored, you or on your behalf by a ` treated, disposed of, or processed contractor or subcontractor;or as waste by or for: (iii) "Bodily injury" or "property (1) Any insured;or damage" arising out of heat, smoke or fumes from a (ii) Any person or organization for "hostile fire';or whom you may be legally responsible; (e) At -or from any premises, site or location on which any insured or any (d) At or from any premises, site or contractors or subcontractors location on which any insured or working directly or indirectly on any any contractors or subcontractors insured's behalf are performing working directly or indirectly :on operations if the operations are to any insured's behalf are test for, monitor, clean up, remove, performing operations if the contain, treat; detoxify or neutralize, "pollutants" are brought on or to or in any way respond to,or assess the premises, site or location in the effects of,"pollutants". connection with such operations by such insured, contractor or (2) Any loss, cost or expense arising.out subcontractor. However, this of any: subparagraph does not apply to: (a) Request, demand,order or statutory or regulatory requirement that any (I) Bodily injury" or property damage" arising out of the insured or others test for, monitor, escape of fuels, lubricants or clean up, remove, contain, treat, other operating fluids which are detoxify or neutralize, or in any way needed to perform the normal respond to, or assess the effects of, electrical, hydraulic or "pollutants";or mechanical functions (b) Claim or suit by or on behalf of a necessary for the operation of governmental authority for "mobile equipment"or its parts, damages because of testing for, if such fuels, lubricants or other monitoring, cleaning up, removing, operating fluids escape from a containing, treating, detoxifying or vehicle part designed to hold, neutralizing, or in any way store or receive them. This responding to, or assessing the exception does not apply if the effects of, "pollutants'. "bodily injury" or "property However, this paragraph does not damage" arises out of the apply to liability for damages because intentional discharge, dispersal of "property damage" that the insured or release of the fuels, would have in the absence of such lubricants or other operating request, demand, order or statutory or fluids, or if such fuels, regulatory requirement, or such claim lubricants or other operating or "suit" by or on behalf of 'a fluids are brought on or to the governmental authority. premises, site or location with the intent that they be discharged, dispersed or Form SS 00 08 04 05 Page 5 of 24 BUSINESS LIABILITY COVERAGE FORM g. Aircraft,Auto Or Watercraft (2) The use of "mobile equipment" in, or "Bodily injury' or "property damage" arising while in practice or preparation for, a out of the ownership, maintenance, use or prearranged racing, speed or entrustment to others of any aircraft, "auto" demolition contest or in any stunting or watercraft owned or operated by or rented activity. or loaned to any insured. Use includes I. War operation and"loading or unloading". "Bodily injury", "property damage" or This exclusion applies even if the claims "personal and advertising injury', however against any insured allege negligence or caused,arising,directly or indirectly,out of: other wrongdoing in the supervision, hiring, (1) War, including undeclared or civil war; employment, training or monitoring of others by that insured, if the "occurrence" which (2) Warlike action by a military force, caused the "bodily injury" or "property including action in hindering or damage" involved the ownership, defending against an actual or maintenance; use orentrustment to others of expected attack, by any government, any aircraft, "auto or watercraft that is sovereign or other authority using owned or operated by or rented or loaned to military personnel or other agents;.or any insured.. (3) Insurrection, rebellion, revolution, This exclusion does not apply to: usurped power, or action taken by governmental authority in hindering or (1) A watercraft while ashore on premises you own or rent; defending against any of these. j. Professional Services (2) A watercraft you do not own that is: "Bodily injury", "property damage" or (a) Less than 51 feet long; and "personal and advertising injury" arising (b) Not :being used to carry persons out of the rendering of or failure to render for a charge; any professional service. This includes (3) Parking an "auto" on, or on the ways but is not limited to: next; to, premises you own or rent, (1) Legal, accounting or advertising provided the "auto",is not owned by or services; rented or loaned to you or the insured; (2) Preparing, approving, or failing to (4) Liability assumed under any "insured prepare or approve maps, shop contract" for the ownership, drawings, opinions, reports, surveys, maintenance or use of aircraft or field orders, change orders, designs or watercraft; drawings and specifications; (5) "Bodily .injury" or "property damage" (3) Supervisory, inspection, architectural arising out of the operation of any of or engineering activities;. the equipment listed in Paragraph f.(2) (4) Medical, surgical, dental, x-ray or or f.(3) of the definition of "mobile nursing services treatment, advice or equipment";or instruction; (6) An aircraft that is not owned by any (5) Any health or therapeutic service insured and is hired,chartered or loaned treatment, advice or instruction; with :a paid crew. However, this (6) .Any service, treatment, advice or exception does not apply if the insured has any other insurance for such "bodily instruction for the purpose of injury" or "property damage°, whether appearance or skin enhancement, hair the other insurance is primary, excess, removal or replacement or personal grooming; contingent or on any other basis. (7) Optical or hearing aid services h. Mobile Equipment including the prescribing, preparation, "Bodily injury" or "property damage" fitting, demonstration or distribution of arising out of: ophthalmic lenses and similar (1) The transportation of°mobile equipment' products or hearing aid devices; by an "auto" owned or operated by or rented or loaned to any insured;or Page 6 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY'COVERAGE FORM (8) Optometry or optometric services Paragraphs (1), (3) and (4) of this including but not limited to examination exclusion do not apply to "property of the eyes and the prescribing, damage" (other than damage by fire) to preparation, fitting,demonstration or premises, including the contents of such distribution of ophthalmic lenses and premises, rented to you for a period of 7 or similar products; fewer consecutive days. A separate Limit (9) Any: of Insurance applies to Damage To Premises Rented To You as described in (a) Body piercing (not including ear Section D.-Limits Of Insurance. piercing); Paragraph (2) (b) Tattooing, including but not limited .of this exclusion -does not apply if the premises are "your work" and to the insertion of pigments into or were never occupied, rented or held for under the skin;and rental by you. (c) Similar services; Paragraphs.(3) and(4)of this exclusionAo (10) Services in the practice of pharmacy; not apply to the use of elevators. and Paragraphs (3), (4), (5) and (6) of this (11) Computer consulting, design or exclusion do not apply to liability assumed programming services, including web under a sidetrack agreement. site design. Paragraphs(3) and (4)of this exclusion do Paragraphs(4)and (5)of this exclusion do not apply to "property damage" to not apply to the Incidental Medical borrowed equipment while not being used Malpractice coverage afforded under to perform operations at a job site. Paragraph 1.e. in Section A.-Coverages. Paragraph (6) of this exclusion does not k. Damage To Property apply to"property damage" included in the "Property damage"to: "products-completed operations hazard". (1) Property you own, tent or occupy, 1. Damage To Your Product including any costs or expenses "Property damage" to "your product" incurred by you, or any other person, arising out of it or any part of it. organization or entity, for repair, m. Damage To Your Work replacement, enhancement, restoration or maintenance of such "Rraperty damage" to ".your work" arising property for any reason, including out of it or any part of it and included in the prevention of injury to a person or "products-completed operations hazard". damage to another's property This exclusion does not apply if the (2) Premises you sell, give away or damaged work or the work out of which abandon,if the"property damage"arises the damage arises was performed on your out of any part of those premises; behalf by a subcontractor. (3) Property loaned to you; n. Damage To Impaired Property Or (4) Personal property in the care, custody Property Not Physically Injured or control of the insured; "Property damage" to "impaired property" (5) That particular part of real property on or property that has not been physically which you or any contractors or injured, arising out of: subcontractors working directly or (1) A defect, deficiency, inadequacy or indirectly on your behalf are performing dangerous condition in "your product" operations, if the property damage or"your work',or arises out of those operations;or (2) A delay or failure by you or anyone (6) That particular part of any property acting on your behalf to perform a that must be restored, repaired or contract or agreement in accordance replaced because "your work" was with its terms. incorrectly performed on it. This exclusion does not apply to the foss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. Form SS 00 08 04'05 Page 7 of 24 BUSINESS LIABILITY COVERAGE FORM o. Recall Of Products, Work Or Impaired (c) Title of any literary or artistic work; Property (8) Arising out of an offense committed by Damages claimed for any loss, cost or an insured whose business is: .expense incurred by you or others for the (a) Advertising, broadcasting, loss of use, withdrawal, recall, inspection, publishing or telecasting; repair, replacement, adjustment, removal (b) Designing or determining content or disposal of: of web sites for others;or (1) "Your product"; (c) An Internet search, access, (2) "Your work"; or content or service provider. (3) "Impaired property"; However, this exclusion does not if .such product, work or property is apply to Paragraphs a., b. and c. Withdrawn or recalled from the market or under the definition of "personal and from.use by any person or organization advertising injury" in Section G. — because of a known or suspected defect, Liability And Medical Expenses deficiency, inadequacy or dangerous Definitions. condition in it. For the purposes of this exclusion, P. Personal And Advertising Injury placing an "advertisement" for or "Personal and advertising injury": linking to others on your web site, by itself, is not considered the business (1) Arising out of oral,written Or electronic of advertising, broadcasting, publication of material, if done by or at the direction of the insured with publishing or telecasting; knowledge of its falsity; (9) Arising out of an electronic that room {2} Arising out of oral,written or electronic or bulletin board the insured hosts,owns, or over which the insured publication of material whose first exercises control; publication took place before the beginning of the policy period; (10) Arising out of the unauthorized use of (3) Arising out of a criminal act committed another's name or product in your e-mail by or at the direction of the insured; address, domain name or metatags, or any other similar tactics to mislead (4) Arising out of any breach of contract, another's potential customers; except an implied contract to use (11) Arising out of the violation of a another's "advertising idea" in your advertisement' person's right of privacy created by any state or federal act. (5) Arising out of the failure of goods, However, this exclusion does not products or services to conform with any statement of quality or apply to liability for damages that the performance made in your insured would have in the absence of "advertisement; such state or federal act; (12) Arising out of: (6) Arising out of the wrong description of the price of goods, products or services; (a) An "advertisement" for others on (7) Arising out of any violation of any your web site; intellectual property rights such as (b) Placing a link to a web site of copyright, patent, trademark, trade others on.your web site; name, trade secret; service mark or (c) Content from a web site of others other designation of origin or displayed within a frame or border authenticity. on your web site. Content includes However, this exclusion does not information, code, sounds, text, apply to infringement, in your graphics or images;or "advertisement", of (d) Computer code, software or (a) Copyright; programming used to enabler i (b) Slogan,: unless:the slogan is also (�) Your web site;.or a trademark, trade name, service (ii) The presentation or functionality mark or other designation of origin of an "advertisement" or other or authenticity;or content on your web site; Page 8 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (13) Arising out of a violation of any anti- (a) May be awarded or incurred by trust law; reason of any claim or suit (14) Arising out of the fluctuation in price or alleging actual or threatened injury value of any stocks, bonds or other or damage of.any nature or kind to securities;or persons .or property which would not have occurred in whole or in {1t) Arising out of discrimination or part but for the"asbestos hazard' humiliation committed by or at the direction of any "executive officer", (b) Arise out of any request, demand, director; stockholder, partner or order :or statutory or regulatory member of the insured. requirement that any insured or others test for, monitor, clean up, q. Electronic Data remove, encapsulate, contain, Damages arising out of the loss of, loss of treat, detoxify or neutralize or in use of, damage to, corruption of, inability any way respond to or assess the to access, or inability to manipulate effects of an"asbestos hazard";or "electronic data (c) Arise out of any claim or suit_ for r. Employment-Related Practices damages because of testing for, "Bodily injury"or"personal and advertising monitoring, cleaning up, removing, injury' to: encapsulating, containing, treating, (1j A person arising out of any: detoxifying or neutralizing or in any way responding to or assessing the (a) Refusal to employ that person; effects of an"asbestos hazard" (b) Termination of that person's t. Violation Of Statutes That Govern E- employment;or Malls, Fax, Phone Calls Or Other (c) Employment-related practices, Methods Of Sending Material Or policies, acts or omissions, such as Information coercion, demotion, evaluation, "Bodily 'injury", "property damage", or reassignment; discipline, "personal .and advertising injury" arising defamation, harassment, humiliation directly or indirectly out of any action or or discrimination directed at that omission that violates or is alleged to person;or violater (2) The spouse, child, parent, brother or (1) The Telephone Consumer Protection sister of that person as a Act(TCPA), including any amendment consequence of "bodily injury" or of or addition to such law; "personal and advertising injury"to the (2) The CAN-SPAM Act.of 2003, including person at whom any of the any amendment of or addition to such employment-related practices law; or described in Paragraphs(a), (b), or(c) above is directed. (3) Any statute, ordinance or regulation, This exclusion applies: other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the (1) Whether the insured may be liable as sending, transmitting, communicating or an employer or in any other capacity; distribution of material or information. and Damage To Premises Rented To You — (2) To any obligation to. share damages Exception For Damage By Fire, Lightning with or repay someone else who must or Explosion pay damages because of the injury. Exclusions c.through h. and k. through o. do s. Asbestos not apply to damage by fire, lightning or (1) "Bodily injury", "property damage" or explosion to premises rented to you or "personal and advertising injury" temporarily occupied by you with permission of arising out of the"asbestos hazard". the owner. A separate Limit of Insurance (2) Any damages, judgments, settlements, applies to this coverage as described in loss,costs or expenses that: Section D. Liability And Medical Expenses Limits Of Insurance. Form SS 00 08 04 05 Page 9 of 24 BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage e. A trust, you are an insured. Your trustees We will not pay expenses for"bodily injury": are also insureds, but only with respect to a. Any Insured their duties as trustees. To any insured,except"volunteer workers". 2. Each of the following is also an insured: b. Hired Person a. Employees And Volunteer Workers To a person hired to do work for or on behalf Your "volunteer workers" only while of any insured or a tenant of any insured. performing duties related to the conduct of your business, or your "employees", other c. Injury On Normally Occupied Premises than either your "executive officers" (if you To a person injured on that part of are an organization other than a premises you own or rent that the person partnership,joint venture or limited liability normally occupies. company) or your managers (if you are a d. Workers' Compensation And Similar limited liability company), but only for acts Laws within the scope of their employment by To a person, whether or not an you or while performing duties related to"employee" of any insured, if benefits for the conduct of your business. the "bodily injury' are payable or must be However, none of these `'employees or provided under a workers` compensation "volunteer workers'are insureds for: or disability benefits law or a similar law. (1) "Bodily injury" or "personal and e. Athletics Activities advertising injury": To a person injured while practicing, (a) To you; to your partners or instructing or participating in any physical members (if you are a partnership exercises or games, sports or athletic or joint venture), to your members contests. (if you are a limited liability f. Products-Completed Operations Hazard company), or to a co-"employee" while in the course of his.or her Included with the "products-completed employment or performing duties operations hazard". related to the conduct. of your g. Business Liability Exclusions business, or to your other Excluded workers" while under Business Liability Coverage. performing duties related to the C. WHO IS AN INSURED conduct of your business; 1. If you are designated in the Declarations as: (b) To the spouse, child, parent, a. An individual, you and your spouse are brother or sister of that co- insureds, but only with respect to the "employee" or that "volunteer conduct of a business of which you are the worker" as a consequence of sole owner. Paragraph(1)(a) above; b. A partnership or joint venture, you are an (c) For which there is any obligation insured. Your members, your partners, and to share damages with or repay their spouses are also insureds,but only with someone else who must pay respect to the conduct of your business. damages because of the injury c. A limited liability company, you are an described in Paragraphs (1)(a) or insured. Your members are also insureds, (b) above;or but only with respect to the conduct of your (d) Arising out of his or her providing business. Your managers are insureds, but or failing to provide professional only with respect to their duties as your health care services. managers. If you are not in the business of d. An organization other than a partnership, providing professional health care joint venture or limited liability company,you services, Paragraph (d) does not apply are an insured. Your"executive officers"and to any nurse, emergency medical directors are insureds, but only with respect technician or paramedic employed by to their duties as your officers or directors. you to provide such services. Your stockholders are also insureds, but only (2) "Property damage"to property; With respect to their liability as stockholders. (a) Owned, occupied or used by, Page 10 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply to: control is being exercised for any (1) "Bodily injury" or ''property damage" purpose by you, any of your that occurred;or "employees", "volunteer workers", „ any partner or member(if you are (2) Personal and advertising injury" a partnership or joint venture), or arising out of an offense committed any member (if you are a limited before you acquired or formed the liability company). organization. b. Real Estate Manager 4. Operator Of Mobile Equipment Any person (other than your"employee" or With respect to "mobile equipment' registered in "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your Property permission. Any other person or organization responsible for the conduct of such person is Any person or organization having proper also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment,and die, but only: only if no other insurance of any kind is available 0) With respect to liability ansing out of the to that person or organization for this liability. maintenance or use of that property;and However, no person or organization is an insured (2) Until your legal representative has with respect to: been appointed. a. "Bodily injury" to a co-"employee" of the d. Legal Representative If You Die person driving the equipment; or Your legal representative if you die, but b. "Property damage" to property owned by; only with respect to duties as such. That rented to, in the charge of or occupied by representative will have all your rights and you or the employer of rany person who is duties under this insurance. an insured under this provision. e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally incorporated entity is less than 51 feet long and is not being used of which you" own a financial interest of to carry persons for a charge,any person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part. your permission. Any other person or The insurance afforded herein for any organization responsible for the conduct of such person is also an insured, but only with subsidiary not shown in the Declarations respect to liability arising out of the operation as a named insured does not apply to of the watercraft, and only if no other injury or damage with respect to which an insurance of any kind is available to that insured under this insurance is also an person or organization for this liability. insured under another policy or would be an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with respect to: limits of insurance. a. "Bodily injury" to a co-"employee" of the 3. Newly Acquired Or Formed Organization person operating the.watercraft; or Any organization you newly acquire or form, b. "Property damage" to property owned by, other than a partnership, joint venture or rented to, in the charge of or occupied by limited liability company; and over which you you or the employer of any person who is maintain financial interest of more than 50% of an insured under this provision. the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 1180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period,whichever is earlier; and Form SS 00 08 04 05 Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM contract; written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of'business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (1)l Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit: except such operations performed However, at the vendor's premises in., no such person or organization is an connection with the sale of the additional insured under this provision if such product; person or organization is included as an additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured ,coverage grants in Section other thing or substance by or for F.—Optional Additional Insured Coverages, the vendor-,or a. Vendors (h) 'Bodily injury" or "property Any person(s) or organization damage"' arising out of the soles) (referred to negligence of the vendor far its below as vendor), but only with respect to own acts or omissions or those of "body injury" or "property damage" arising its employees or anyone else out of"your products which are distributed acting on its behalf. However, this ,or sold in the regular course of the vendor's exclusion does not apply to: business and only if this Coverage Part provides coverage for "bodily injury" or (i) The exceptions contained in "property damage" included within the Subparagraphs (d)or(f);or "products-completed operations hazard (11) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual This insurance course of business ,does not apply connection with the;distribution (a) "Bodily injury" or "property or sale of the products. damage for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. This exclusion does not. apply to or any ingredient, part or container, entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only with respect to their liability for"bodily (c) Any physical or chemical change injury", "property damage" or in the product made intentionally by the vendor; "personal -and .advertising injury" caused, in :whole or in part; by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container, Page 12 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds; this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or (a) Any "occurrence" which takes (b) "Bodily injury"or"property damage" place after you cease to lease that included within the "products land or be a tenant in that completed operations hazard". premises; or f, Any Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above; but only with behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of these acting injury", "property damage" or"personal on your behalf: and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or (a) In connection with your premises; (c) In connection with "your work"and or included within the "products= (b) In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to (ii) This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products- failure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: reaps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including: activities. Form SS 00 08 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner; arising out of fire, lightning or drawings and specifications;or explosion. (b) Supervisory, inspection, 3. Each Occurrence Limit architectural or engineering 'Subject to 2 a. or 2.b above, whichever activities. applies;the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury', insureds are described in Section D. — Limits "property damage" and medical ;expenses Of Insurance. arising out of any one "occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown in insurance is available to an additional insured the Declarations. is described in the Other Insurance Condition The most we will pay for all medical expenses in Section E.—Liability And Medical Expenses because of "bodily injury sustained by any General Conditions. one person is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations. respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability Subject to 2.b.above, the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. 1. -personal and advertising injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal LIMITS OF INSURANCE and Advertising Injury Limit shown in the Declarations. 1. The Most We Will Pay 5. Damage To Premises Rented To You Limit The Limits of Insurance shown in the Declarations and the rules below fix the most The Damage To Premises Rented To You we will pay regardless of the number of: Limit is the most we will pay under Business Liability Coverage for damages because of a. Insureds; "property damage" to any one premises, while b. Claims made or"suits"brought; or rented to you,or in the case of damage by fire, c. Persons or organizations making claims or lightning or explosion, while rented to you or bringing"suits". temporarily occupied by you with permission of 2. Aggregate Limits the owner. The most we will pay for: In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To a. .Damages because of "bodily injury" and You Limit applies to all damage. proximately "property damage" included in the caused by the same event, whether such "products-completed operations hazard" is damage results from fire,,lightning or explosion the Products-Completed Operations or any combination of these. Aggregate Limit shown in the Declarations. 6. How Limits Apply To Additional'Insureds b. Damages because of all other "bodily The most we will pay on behalf of a person or injury", "property damage" or "personal organization who is an additional insured and advertising injury", including medical under this Coverage Part is the lesser of: expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations. written contract, written agreement or This General Aggregate Limit applies permit issued by a state or political separately to each of your "locations" subdivision; or owned by or rented to you. b. The Limits of Insurance shown in the "Location" means premises involving the Declarations. same or connecting lots, or premises Such amount shall be a part of and not in whose connection is interrupted only by a addition to the Limits of Insurance shown in street; roadway or right-of-way of a the Declarations and described in this Section. railroad. Page 14 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or"suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or"suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3.above: (3) Cooperate with us in the investigation, settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the"suit%,and separately to each consecutive annual period and to (4) Assist us, upon our request, in the any remaining period of less than 12 months, starting enforcement of any right against any with the beginning of the policy period shown in the person or organization that may be Declarations, unless the policy period is extended liable to the insured because of injury after issuance for an additional period of less than 12 or damage to which this insurance months. In that case,the additional period will be may also apply. deemed part of the last preceding period for purposes of determining the Limits of Insurance. d. Obligations At The Insured's Own-Cost E. .LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own. GENERAL CONDITIONS cast, voluntarily make a .payment, .assume any obligation, or incur any expense, other 1. Bankruptcy than for first aid,without our consent. Bankruptcy or insolvency of the insured or of e. Additionat Insured's Other Insurance the insureds estate will not relieve us of our if we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered 2. Duties In The Event Of Occurrence, by other insurance available to an Offense,Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the other insurer for defense and indemnity. You or any additional insured must see to However, this provision does not apply to it that we are notified as soon as practicable of an "occurrence" or an the extent that you have agreed in a offense which may result in a claim. To written contract, written agreement or the extent possible, notice should include: permit that this insurance is primary and non-contributory with the additional (1) How, when and where the "occurrence" insured's own insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses; and Barographs a. and b. apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is "occurrence"or offense. known to: b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" is brought an individual; against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership; (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" .and the date received; insured is a limited liability company; and (4) Any "executive officer" or insurance (2) Notify us as soon as practicable. manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional claim or"suit"as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political You and any other involved insured must: subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to (3) We have issued this policy in reliance you and any additional insured. upon your representations. 3. Financial Responsibility Laws b. Unintentional Failure To Disclose a. When this policy is certified as proof of Hazards financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception .date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part. comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7. Other Insurance insurance required by that law. If other valid and collectible insurance is b. With respect to "mobile equipment' to available for a. loss we cover under this which this insurance applies, we will provide any liability, uninsured motorists, Coverage Part, our obligations are limited as follows underinsured motorists, no-fault or other coverage required by any motor vehicle a. Primary Insurance law. We will provide the required limits for This insurance is primary except when b. those coverages. below applies. If other insurance is also 4. Legal Action Against Us primary, we will ,share with all that other No person or organization has a right under insurance by the method described in c.below, this Coverage Form:, a. To join us as a party or otherwise bring us b. Excess Insurance into a "suit" asking for damages from an This insurance is excess over any of the insured or other insurance, whether primary, excess, b. To sue us on this Coverage Form unless contingent or on any other basis: all of its terms have been fully complied (1) Your Work with. That is Fire, Extended Coverage, A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for"your work'; against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of this insurance or that are in excess of the That is fire, lightning or explosion applicable limit of insurance. An agreed insurance for premises rented to you settlement means a settlement and release of or temporarily occupied by you with liability signed by us, the insured and the permission of the owner; claimant or claimant's legal representative. (3) Tenant Liability 5. Separation Of Insureds That is insurance purchased by you to Except with respect to the Limits of Insurance cover your liability as a tenant for p and any rights or duties specifically assigned `'property damage"to premises rented in this policy to the first Named Insured, this to you or temporarily occupied by you insurance applies: with permission of th.e owner; a. As if each Named Insured were the only (4) Aircraft,Auto Or Watercraft Named Insured;and If the loss arises out of the maintenance b. Separately to each insured against whom or use of aircraft,"autos"or watercraft to a claim is made or"suit"is brought. the extent not subject to Exclusion g. of Section A.—Coverages. 6. Representations (5) Property Damage To Borrowed a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy,you agree: If the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not (2) Those statements are based upon subject to Exclusion k. of Section A. representations you made to us; and Coverages. Page 16 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that That is other insurance available to exceeds the sum of: you covering liability for damages (1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance; and operations, for which you have been (2) The total ,of all deductible and self added as an additional insured by that insured amounts under all that other insurance; or insurance. (7) When You Add Others As An We will share the remaining loss, if any, with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the However, the 'following provisions Declarations of this Coverage Part. apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares,we will follow Part: this method also. Under this approach, (a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of This insurance is primary if you insurance or none of the loss remains, have agreed in a written contract, whichever comes first. written agreement or permit that If any of the other insurance does not permit this insurance be primary. if other contribution by equal shares, we wN insurance is also primary, we will contribute by limits. Under this method,each share with all that other insurance insurer's share is based on the ratio of its by the method described in c, applicable limit of insurance to the total below. applicable limits of insurance of all insurers. (b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part, of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do insurance, this insurance is nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance. enforce them. This condition does not Paragraphs(a)and (b) do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured. If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any"suit" if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit". if no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or.organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured -Grantor Of Franchise, COVERAGES WHO IS AN INSURED under Section C. is If listed or shown as applicable in the Declarations, amended to include as an additional insured one or more of the following Optional Additional the person(s) or organization(s) shown in the Insured Coverages also apply. When any of these Declarations as an Additional Insured - Optional Additional Insured Coverages apply Grantor Of Franchise, but only with respect to Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you. by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown in the a. WHO IS AN INSURED under Section C. is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organization(s). Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: Insured — Lessor of Leased Equipment, 1. Additional Insured - Designated Person Or but only with respect to liability for "bodily Organization injury", "property damage" or "personal WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or amended to include part, by your maintenance, operation orude as an additional insured use of equipment leased to you by such the person(s) or organizations) shown in the Declarations, but only with respect to liability person(s)or organizations}. for "bodily injury", "property damage" or b. With respect to the insurance :afforded to "personal and advertising injury" caused, in these additional insureds, this insurance. whole or in part, by your acts or omissions or does not apply to any "occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment. a. In the performance of your ongoing 5. Additional Insured - Owners Or Other operations; or Interests From Whom Land Has Been b. In connection with your premises owned Leased by or rented to you. a. WHO IS AN INSURED under Section C. is 2. Additional Insured - Managers Or Lessors amended to include as an additional Of Premises insured the person(s) or organization(s) shown in the Declarations as an Additional a. WHO IS AN INSURED under Section C. is Insured —Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the Persons}or organization(s)shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization;but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership,maintenance or use of that part of b. With respect to the insurance afforded to the premises leased to you and shown in the Declarations. these additional insureds, the following b. With respect to the insurance afforded to additional exclusions apply: these additional insureds, the following This insurance does riot apply to: additional exclusions apply: (1) Any 'occurrence" that takes place This insurance does not a pp y 1 to: after you cease to lease that land; or (1) Any "occurrence" which takes place (2) Structural alterations, ne.w after you cease to be a tenant in that construction or demolition operations premises; or performed by or on behalf of such (2) Structural alterations, new person or organization. construction or demolition operations 6. Additional Insured - State Or Political performed by or on behalf of such Subdivision—Permits person or organization. a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Farm SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Insured — State Or Political Subdivision - (e) Any failure to make such Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit. make in the usual course of b. With respect to the insurance afforded to business, in connection with the these additional insureds, the following distribution or sale of the products; additional exclusions apply: (f) Demonstration, installation, This insurance does not apply to: servicing or repair operations, except such operations performed (1) "Bodily injury", "property damage" or at the vendor's premises in "personal and advertising injury" connection with the sale of the arising out of operations performed for product; the state or municipality; or (g) Products which, after :distribution (2) "Bodily injury" or "property damage" or sale by you, have been labeled included in the "product-completed or relabeled or used as a operations"hazard. container, part or ingredient of any 7. Additional Insured—Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C.is the vendor;or amended to include as an additional (h) "Bodily injury" or "property insured the person(s) or organization(s) damage arising out of the sole (referred to below as vendor)shown in the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but ,only with respect to "bodily its employees or anyone else injury" or"property damage" arising out of acting on its behalf. However,this "your products" which are distributed or exclusion does not apply to: sold in the regular course of the vendor's (i) The exceptions contained in business and only if this Coverage Part Subparagraphs(d)or(f);or provides coverage for "bodily injury" or (ii) Such inspections, "property damage" included within the "products-completed operations hazard". adjustments, tests or servicing as the vendor has agreed to b. The insurance afforded to the vendor is make or normally undertakes subject to the following additional exclusions: to make in the usual course of (1) This insurance does not apply to: business, in connection with (a) 'Bodily injury or "property the distribution or sale of the damage" for which the vendor is products. obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; products. (b) Any express warranty S. Additional Insured —Controlling Interest unauthorized by you; WHO IS AN INSURED under Section C. is (c) Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s) or organization(s) shown in the by the vendor; Declarations as an Additional Insured — (d) Repackaging, unless unpacked Controlling Interest, but only with respect to solely for the purpose of inspection, their liability arising out of: demonstration, testing, or the a. Their financial control of you;or substitution of parts under b. Premises they own, maintain or control instructions from the manufacturer, while you lease or occupy these premises. and then repackaged in the original container, Form SS 00 08 04 05 Page 19 of 24 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. — Limits Of operations performed by or for that person or Insurance. organization. How this insurance applies when other insurance S. Additional Insured — Owners, Lessees Or is available to an additional insured is described in Contractors — Scheduled Person Or the Other Insurance Condition in Section E. — Organization Liability And Medical Ex.Penses General a. WHO IS AN INSURED under Section C. is Conditions. amended to include as an additional G. LIABILITY .AND MEDICAL EXPENSES insured the person(s) or organization(s) DEFINITIONS shown in the Declarations as an Additional Insured— Owner, Lessees Or Contractors, 1. "Advertisement" means the widespread public but only with respect to liability for "bodily dissemination of information or images that injury "property damage" .or "personal has the purpose of inducing the sale of goods, and advertising injury"caused, in whole or products or services through: in part, by your acts or omissions or the a. (1) Radio; acts or omissions of those acting on your (2) Television; behalf: (3) Billboard; (1) In the performance of your ongoing operations for the additional (4) Magazine, insured(s); or (5) Newspaper; (2) In connection with "your work" b. The Internet, but only that part of a web performed for that additional insured site that is about goads, products or and included within the "products- services for the purposes of inducing the completed operations hazard", but sale of goods; products or services; or only if this Coverage Part provides c. Any other publication that is given coverage for "bodily injury' or widespread public distribution. "property damage" included within the However, "advertisement"does not include: "products-completed operations hazard". a. The design, printed material, information or images contained in; on or upon the b. With respect to the insurance afforded to packaging. or labeling of any goods or these additional insureds, this insurance products;or does not apply to "bodily injury", "property b. An interactive conversation between or damage" or "personal an advertising injury" arising out of the rendering of, or among persons through a computer network. the failure to render, any professional 2. "Advertising idea" means any idea for an architectural, engineering or surveying "advertisement". services, including: 3. "Asbestos hazard" means an exposure or (1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos in any form. field orders, change orders, designs or 4. "Auto" means a land motor vehicle, trailer or drawings and specifications; or semi-trailer designed for travel on public (2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities. equipment. But "auto" does not include 10. Additional Insured — Co-Owner Of Insured "mobile equipment". Premises 5. "Bodily injury" means physical: WHO IS AN INSURED under Section C. is a. Injury; amended to include as an additional insured b. Sickness; or the person(s) or Organization(s) shown in the c. Disease Declarations as an Additional Insured — Co- Owner Of Insured Premises, but only with sustained by a person and, if arising out of the respect to their liability as co-owner of the above, mental anguish or death at any time. premises shown in the Declarations. 6. "Coverage territory" means: Page 20 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM a. The United States of America (including its b• You have failed to fulfill the terms of a, territories and possessions), Puerto Rico contract or agreement;. and Canada; if such property can be restored to use by: b. International waters or airspace, but only if a. The repair; replacement, adjustment or the injury or.damage occurs in the course removal of "your product" or "your work"; of travel or transportation between any or places included in a.above; b. Your fulfilling the terms of the .contract or c. All other parts of the world if the injury or agreement. damage arises out of: 12. "Insured contract"means:. (1) Goods or products made or sold by you in the territory described in a.above; a. A contract for a lease of premises. However, that portion of the contract for a (2) The activities of a person whose home lease of premises that indemnifies any is in the territory described in a. person or organization for damage by fire, above, but is away for a short time on lightning ;or explosion to premises while your business; or rented to you or temporarily occupied by (3) "Personal and advertising injury" you with permission of the owner is offenses that take place through the subject to the Damage To Premises Internet or similar electronic means of Rented To You limit described in Section communication D. —Liability and Medical Expenses Limits provided the insured's responsibility to pay of Insurance. damages is determined in the United States of b. A sidetrack agreement; America (including its territories and c. Any easement or license agreement, possessions), Puerto Rico or Canada, in a including an easement or license "suit" on the merits according to the agreement in connection with construction substantive law in such territory, or in a or demolition operations on or within 50 settlement we agree to. feet of a railroad; 7. "Electronic data"means information, facts or d. Any obligation, as required by ordinance, programs: to indemnify a municipality, except in a. :Stored as or on; connection with work for municipality; b. Created or used on;or e. An elevator maintenance agreement; or c. Transmitted to or from f. That part of any other contract or computer .software, including systems and agreement pertaining to your business applications software, hard or floppy disks, (including an indemnification of a CD-ROMS, tapes, drives; cells, data municipality in connection with work processing devices or any other media which performed for a municipality) under which are used with electronically controlled you assume the tort liability of another equipment. party to pay for "bodily injury"or "property B. "Employee" includes a "leased worker". damage" to a third person or organization, "Employee does not include a "temporary provided the "bodily injury" or "property worker". damage is caused, in whole or in part, by you or by those acting on your behalf. 9. "Executive officer' means a person holding Tort liability means a liability that would be any of the officer positions created by your imposed by law in the absence of any charter, constitution, by-laws or any other contract or agreement. similar governing document. Paragraph f. includes that part of any 10. "Hostile fire" means one which becomes contractor agreement that indemnifies a uncontrollable or breaks out from where it was railroad for "bodily injury" or "property intended to be, damage" arising out of construction or 11. "Impaired property" means tangible property, demolition operations within 50 feet of any other than "your product" or "your work", that railroad property and affecting any railroad cannot be used or is less useful because: bridge or trestle, tracks, road-beds, tunnel, a. It incorporates "your product" or"your work" underpass or crossing. that is known or thought to be defective, However, Paragraph f. does not include deficient,inadequate or dangerous;or that part of any contract or agreement: Form SS 00 08 04 05 Page 21 of 24 BUSINESS LIABILITY COVERAGE FORM (1) That indemnifies an architect, (1) Power cranes, shovels, loaders, engineer or surveyor for injury or diggers or drills; or damage arising out of: (2) Road construction or resurfacing (a) Preparing; approving or failing to equipment such as graders, scrapers prepare or approve maps; shop or rollers; drawings, opinions, reports, e. Vehicles not described in a., b., c., or d. surveys, field orders, change above that are not self-propelled and are orders, designs or drawings and maintained primarily to provide mobility to specifications; or permanently attached equipment of the (b) Giving directions or instructions, following types: or failing to give them, if that is the (1) Air compressors, pumps and primary :cause of the injury or generators, including spraying, damage;or welding, building cleaning; (2) Under which the insured, if an geophysical exploration, lighting and architect, engineer or surveyor, well servicing equipment;or assumes liability for an injury or (2) Cherry pickers and similar devices damage arising :out of the insured's used to raise or lower workers; rendering or failure to render f. Vehicles not described in a., b., c., or d. professional services, including those above maintained primarily for purposes listed in (1) above and supervisory;inspection, architectural or other than the transportation of persons or engineering activities. cargo. 13. "Leased worker" means a person leased to However, self-propelled vehicles with the you by a labor leasing firm under an following types of permanently attached agreement between you and the labor leasing equipment are not "mobile equipment but firm, to perform duties related to the conduct of will be considered "autos": your business. "Leased worker" does not (1) Equipment, of at least 1000 pounds include a"temporary worker". gross vehicle weight, designed 14. "Loading or unloading" means the handling of primarily for: property: (a) Snow removal; a. After it is moved from the place where it is (b) Road maintenance, but not accepted for movement into or onto an construction or resurfacing; or aircraft,watercraft or"auto"; (c) Street cleaning; b. White it is in or on an aircraft, watercraft or (2) Cherry pickers and similar devices "auto'% or mounted on automobile or truck c. While it is being moved from an aircraft, chassis and used to raise or lower watercraft or"auto"to the place where it is workers;and finally delivered; (3) Air compressors, pumps and but "loading or unloading" does not include the generators, including spraying, movement of property by means of a mechanical welding, building cleaning, device, other than a .hand truck, that is not geophysical exploration, lighting and attached to the aircraft,watercraft or"auto". well servicing equipment. 15. "Mobile equipment"means any of the following 16. "Occurrence" means an accident, including types of land vehicles, including any attached continuous or repeated exposure to substantially machinery or equipment: the same general harmful conditions. a. Bulldozers,. farm machinery, forklifts and 17. 'Personal and advertising injury" means injury, other vehicles designed for use principally including consequential "bodily injury", arising off public roads; out of one or more of the following offenses.- b. Vehicles maintained for use solely on or a. False arrest, detention or imprisonment; next to premises you own or rent; b. Malicious prosecution; c. Vehicles that travel on crawler treads.- d. Vehicles,whether self-propelled or not, on which are permanently mounted Page 22 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM c. The wrongful eviction from, wrongful entry Work that may need service, maintenance; into, or invasion of the right of private correction, repair or replacement, but occupancy of a room, dwelling or which is otherwise complete, will be premises that the person occupies; treated as completed. committed by or on behalf of its owner, The "bodily injury" or "property damage" landlord or lessor; must occur away from premises you own d. Oral, written or electronic publication of or rent, unless your business includes the material that slanders or libels a person or selling, handling or distribution of "your organization or disparages a person's or product"for consumption on premises you organization's goods,products orservices; own or rent. e. Oral, written or electronic publication of b. Does not include "bodily injury" or material that violates a person's right of "property damage"arising out of: privacy; (1) The transportation of property, unless f. Copying, in your "advertisement", a the injury or damage arises out of a person's or organization's "advertising condition in or on a vehicle not owned idea"or style of"advertisement"; or operated by you, and that condition g. Infringement of copyright,slogan, or title of was created by the "loading or any literary or artistic work, in your unloading" of that vehicle by any "advertisement'',-or insured;or h. Discrimination or humiliation that results in (2) The existence of tools, uninstalled injury to the feelings or reputation of a equipment or abandoned or unused natural person. materials. 18. "Pollutants" means any solid, liquid, gaseous or 20. "Property damage"means: thermal irritant or contaminant, including smoke, a. Physical injury to tangible property, vapor, soot, fumes, acids, alkalis, chemicals and including all resulting loss of.use of that waste. Waste includes materials to be recycled, property. All such loss of use shall be reconditioned or reclaimed. deemed to occur at the time of the 19. "Products-completed operations hazard"; physical injury that caused it; or a. Includes all "bodily injury" and "property b. Loss of use of tangible property that is not damage" occurring away from premises physically injured. All such loss of use you own or rent and arising out of "your shall be deemed to occur at the time of product"or"yourwork" except: "occurrence"that caused it. (1) Products that are still in your physical As used in this definition, "electronic data" is possession;or not tangible property. (2) Work that has not yet been completed 21. "Suit" means a civil proceeding in which or abandoned. However, "your work" damages because of "bodily injury", "property will be deemed to be completed at the damage" or "personal and advertising injury" earliest of the following times; to which this insurance applies are alleged. (a) When all of the work called for in Suit" includes: a. An arbitration proceeding in which such your contract has been completed. p g (b) When all of the work to be done at damages are claimed and to which the the job site has been completed if insured must submit or does submit with your contract calls for work at our consent;or more than one job site. b. Any other alternative dispute resolution (c) When that part of the work done at proceeding in which such damages are claimed and to which the insured submits a jab site has been put to its intended use by any person or with our consent. organization other than another 22. "Temporary worker" means a person who is contractor or subcontractor furnished to you to substitute for a permanent working on the same project. "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Volunteer worker" means a person who: a. Is not your"employee",- Form SS 00 08 04 05 Page 23 of 24 BUSINESS LIABILITY COVERAGE FORM b. Donates his or her work; (2) The providing of or failure to provide c. Acts at the direction of and within the warnings or instructions. scope of duties determined by you; and c. Does not include vending machines or d. Is not paid a fee, salary or other other property rented to or located for the compensation by you or anyone else for use of others but not sold. their work performed for you. 25. "Your work": 24. "Your product": a. Means: a. Means: (1) Work or operations performed by you (1) Any goods or products, other than real or on your behalf; and property, manufactured,sold, handled, (2) Materials, parts or equipment distributed or disposed of by: furnished in connection with such work (a) You; or operations. (b) Others trading under your name; b. Includes: or (1) Warranties or representations made at (c) A person or organization whose any time with respect to the fitness, business or assets you have quality, durability, performance or use acquired;and of"yourwork" and (2) Containers (other than vehicles), (2) The providing of or failure to provide materials, parts or equipment warnings or instructions. furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of"your product and Page 24 of 24 Form SS 00 08 04 05 1C. THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO, RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA Policy N.umber: 72 WEC EU2873 Endorsement Number: Effective Date: 09/01118 Effective Stour is the same as stated on the l nformation Page of the policy. Named Insured and Address: DAVID TAUSSIG AND ASSOCIATES, INC. 5000 BIRCH`ST STE 6000 NEWPORT BEACH CA 92660 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a.written contract that requires you to obtain this agreement from us.) You must maintain.payroll records accurately segregating the remuneration of your employees while engaged in the work described in.the Schedule. The additional premium for this endorsement shall be 2% of the California workers'compensation premium otherwise due on such remuneration. SCHEDULE Person or organization ,Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by Authorized.Representative Form.WC 04 03 06 (1)Printed in U.S.A. Process Date: 07/24/18 Policy Expiration Date: 09/01/19 6/12/2019 Sentinel Insurance Company,Ltd.-Company Profile-Best's Credit Rating Center Sentinel Insurance Company, Ltd. A.M. Best#: 002234 NAIC#: 11000 FEIN#: 061552103 Domiciliary Address FinancEd Shwgth Fi'alr ng One Hartford Plaza Hartford, CT 06155-0001 w DEST , United States A+ SuWor Assigned to insurance Web: www.thehartford.com companies that have, in our Phone: 860-547-5000 opinion, a superior ability to meet their ongoing insurance obligations. View additional news, reports and products for this company. Based on A.M. Best's analysis, 058707 - Hartford Financial Services Group Inc is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. Best's Credit Ratings Financial Strength Rating View Definition Rating: A+ (Superior) Affiliation Code: p (Pooled) Financial Size Category: XV ($2 Billion or greater) Outlook: Stable Action: Affirmed Effective Date: August 02, 2018 Initial Rating Date: June 30, 1958 Long-Term Issuer Credit Rating View Definition Long-Term: aa- Outlook: Stable ratings.ambest.com/CompanyProfile.aspx?ambnum=2234&URatingld=2928293&bl=0&AltSrc=9&PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0&... 1/4 6/12/2019 Sentinel Insurance Company,Ltd.-Company Profile-Best's Credit Rating Center Action: Affirmed Effective Date: August 02, 2018 Initial Rating Date: July 14, 2005 u Denotes Under Review Best's Rating Best's Credit Rating Analyst t Rating Office: A.M. Best Rating Services, Inc. Financial Analyst: Lewis DeLosa, CFA Senior Director: Michael J. Lagomarsino, CFA, FRM Note: See the Disclosure information Form or Press Release below for the office and analyst at the time of the rating event. I Disclosure Information Disclosure Information Form View A.M. Best's Rating Disclosure Form Press Release A.M. Best Affirms Credit Ratings of The Hartford Fin Svcs Group and P/C Subs; Upgrades ICR of Hartford Life and Accident Ins Co August 02, 2018 Rating History A.M. Best has provided ratings & analysis on this company since 1958. Financial Strength Rating Effective Date Rating 8/2/2018 A+ 7/7/2017 A+ 6/17/2016 A+ 5/1/2015 A+ 4/3/2014 A Long-Term Issuer Credit Rating ratings.ambest.com/CompanyProfile.aspx?ambnum=2234&U Ratingld=2928293&bl=0&AltSrc=9&PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0&... 2/4 6/12/2019 Sentinel Insurance Company, Ltd.-Company Profile-Best's Credit Rating Center Effective Date Rating 8/2/2018 aa- 7/7/2017 aa- 6/17/2016 aa- 5/1/2015 aa- 4/3/2014 a+ Best's Credit Reports 17 Best's Credit Report -Where applicable, includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data. Report Revision Date: 4/17/2019 (represents the latest significant change). Historical Reports are available in Best's Credit Report Archive. View additional news, reports and products for this company. Press Releases Date Title Aug 02, 2018 A.M. Best Affirms Credit Ratings of The Hartford Fin Svcs Group and P/C Subs;Upgrades ICR of Hartford Life and Accident Ins Co Jul 07, 2017 A.M. Best Affirms Credit Ratings of The Hartford Financial Services Group, Inc.and Its Subsidiaries i Jun 17, 2016 A.M. Best Affirms Ratings of The Hartford Financial Services Group, Inc.and Its Subsidiaries May 01, 2015 A.M. Best Upgrades Ratings of The Hartford Financial Services Group, Inc.and Its Property/Casualty Subsidiaries Apr 03,2014 A.M. Best Revises Outlook to Positive for The Hartford Financial Services Group, Inc.and Its Property/Casualty Subsidiaries 1 Mar 01, 2013 A.M. Best Affirms Ratings of Hartford Financial Services Group and Its P/C Subsidiaries and Downgrades Ratings of Hartford Life Mar 21, 2012 A.M. Best Places Ratings of The Hartford Financial Services Group, Inc.and Its Subsidiaries Under Review Apr 12,2011 A.M. Best Revises Outlook to Stable for The Hartford Financial Services Group, Inc. and Its Key Life/Health Subsidiaries 1 2 Page size: 10 20 items in 2 pages Find a Best's Credit Rating Enter a Company Name 7Go Advanced Search ratings.ambest.com/CompanyProfile.aspx?ambnum=2234&U Rating ld=2928293&bl=0&AltSrc=9&PPP=&AltNum=0&Ext_User=&Ext_Misc=&Portal=0&... 3/4 6/12/2019 Sentinel Insurance Company,Ltd.-Company Profile-Best's Credit Rating Center How to Get a A+ Best's Credit Rating Best's Credit Ratings Mobile App European Union Disclosures A.M. Best-Europe Rating Services Limited (AMBERS), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment Institution (ECAI)in the European Union (EU).Therefore, Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the EU as per Directive 2006/48/EC. A.M. Best(EU)Rating Services B.V. (AMB-EU), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment (ECAI)in the EU.Therefore, credit ratings issued and endorsed by AMB-EU may be used for regulatory purposes in the EU as per Directive 2006/48/EC. Australian Disclosures A.M. Best Asia-Pacific Limited (AMBAP),Australian Registered Body Number(ARBN No.150375287), is a limited liability company incorporated and domiciled in Hong Kong. AMBAP is a wholesale Australian Financial Services(AFS) Licence holder(AFS No. 411055)under the Corporations Act 2001. Credit ratings emanating from AMBAP are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act.AMBAP does not authorize its Credit Ratings to be disseminated by a third-party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product.AMBAP Credit Ratings are intended for wholesale clients only, as defined. Credit Ratings determined and disseminated by AMBAP are the opinion of AMBAP only and not any specific credit analyst.AMBAP Credit Ratings are statements of opinion and not statements of fact.They are not recommendations to buy, hold or sell any securities or any other form of financial product, including insurance policies and are not a recommendation to be used to make investment /purchasing decisions. Important Notice:A.M. Best's Credit Ratings are independent and objective opinions, not statements of fact.A.M. Best is not an Investment Advisor, does not offer investment advice of any kind, nor does the company or its Ratings Analysts offer any form of structuring or financial advice.A.M. Best's credit opinions are not recommendations to buy,sell or hold securities,or to make any other investment decisions. For additional information regarding the use and limitations of credit rating opinions,as well as the rating process, information requirements and other rating related terms and definitions, please view Understanding Best's Credit Ratings. About Us I Site Map I Customer Service I My Account I Contact I Careers I Terms of Use I Privacy Policy I Security I Legal & Licensing Regulatory Affairs-Form NRSRO-Code of Conduct-Rating Methodology-Historical Performance Data Copyright©2019 A.M. Best Company, Inc. and/or its affiliates ALL RIGHTS RESERVED. ratings.ambest.com/CompanyProfile.aspx?ambnum=2234&U Rating Id=2928293&bl=0&AltSrc=9&PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0&... 4/4 6/12/2019 California Automobile Insurance Company-Company Profile-Best's Credit Rating Center California Automobile Insurance Company A.M. Best#: 002646 NAIC#: 38342 FEIN#: 952971307 Mailing Address View Additional Address Fil7ancrsd StrmO ftfing P.O. Box 54600 Information Los Angeles, CA 90054 United States A EkaWlent Assigned to insurance Web: www.mercuryinsurance.com companies that have, in our Phone: 323-937-1060 opinion, an excellent ability to Fax: 323-857-7116 meet their ongoing insurance obligations. View additional news, reports and products for this company. Based on A.M. Best's analysis, 058411 - Mercury General Corporation is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. Best's Credit Ratings Financial Strength Rating View Definition Rating: A (Excellent) Affiliation Code: g (Group) Financial Size Category: XIII ($1.25 Billion to $1.5 Billion) Outlook: Stable Action: Downgraded Effective Date: December 12, 2018 Initial Rating Date: June 30, 1981 Long-Term Issuer Credit Rating View Definition Long-Term: a+ Outlook: Stable ratings.ambest.com/CompanyProfle.aspx?ambnum=2234&URatingld=2928293&bl=0&AltSrc=9&PPP=&AltNum=O&Ext User=&Ext Misc=&Portal=0&... 1/4 6/12/2019 California Automobile Insurance Company-Company Profile-Best's Credit Rating Center Action: Downgraded Effective Date: December 12, 2018 Initial Rating Date: May 03, 2006 u Denotes Under Review Best's Rating Best's Credit Rating Analyst Rating Office: A.M. Best Rating Services, Inc. Associate Director : Robert Raber Senior Director: Gregory T. Williams Note: See the Disclosure information Form or Press Release below for the office and analyst at the time of the rating event. Disclosure Information Disclosure Information Form View A.M. Best's Rating Disclosure Form Press Release AM Best Downgrades Credit Ratings of Mercury Casualty Group's Members and Mercury General Corporation December 12, 2018 Rating History A.M. Best has provided ratings & analysis on this company since 1981. Financial Strength Rating Effective DateRating 12/12/2018 A 9/28/2017 A+ 6/15/2016 A+ 2/27/2015 A+ 1/31/2014 A+ Long-Term Issuer Credit Rating ratings.ambest.com/CompanyProfile.aspx?ambnum=2234&URating Id=2928293&bl=O&AltSrc=9&PPP=&AltNum=0&Ext_User=&Ext_Misc=&Portal=0&... 2/4 6/12/2019 California Automobile Insurance Company-Company Profile-Best's Credit Rating Center Effective Date Rating 12/12/2018 a+ 9/28/2017 aa- 6/15/2016 aa- 2/27/2015 aa- 1/31/2014 aa- Best's Credit Reports 17 Best's Credit Report -Where applicable, includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data. Report Revision Date: 4/29/2019 (represents the latest significant change). ,`1I— Historical Reports are available in Best's Credit Report Archive. View additional news, reports and products for this company. Press Releases Date Title Dec 12,2018 AM Best Downgrades Credit Ratings of Mercury Casualty Group's Members and Mercury General Corporation Sep 28, 2017 A.M. Best Affirms Credit Ratings of Members of Mercury Casualty Group Jun 15,2016 A.M. Best Revises Outlooks to Negative and Affirms Ratings of Members of Mercury Casualty Group Feb 27, 2015 A.M. Best Affirms Ratings of Mercury General Corporation and Its Subsidiaries Jan 31, 2014 A.M. Best Affirms Ratings of Mercury General Corporation and Its Subsidiaries Dec 21, 2012 A.M. Best Affirms Ratings of Mercury General Corporation and Its Insurance Entities Oct 31, 2011 A.M. Best Affirms Ratings of Mercury General Corporation and Its Operating Subsidiaries Oct 06, 2010 A.M. Best Affirms Ratings of Mercury General Corporation and Its Operating Subsidiaries Sep 30, 2009 A.M. Best Affirms Ratings of Mercury General Corporation and Its Operating Subsidiaries Aug 01, 2008 A.M. Best Affirms Ratings of Mercury General Corporation and Its Operating Subsidiaries 1 2 Page size: 10 16 items in 2 pages Find a Best's Credit Rating Enter a Company Name FGo] Advanced Search ratings.ambest.com/CompanyProfile.aspx?ambnum=2234&URating Id=2928293&bl=O&AltSrc=9&PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0&... 3/4 6/12/2019 California Automobile Insurance Company-Company Profile-Best's Credit Rating Center How to Get a 14+ Best's Credit Rating Besfs Credit Ratings, Mobile App European Union Disclosures A.M. Best-Europe Rating Services Limited (AMBERS), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment Institution (ECAI)in the European Union (EU).Therefore, Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the EU as per Directive 2006/48/EC. A.M.Best(EU) Rating Services B.V. (AMB-EU), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment (ECAI)in the EU.Therefore, credit ratings issued and endorsed by AMB-EU may be used for regulatory purposes in the EU as per Directive 2006/48/EC. Australian Disclosures A.M. Best Asia-Pacific Limited (AMBAP),Australian Registered Body Number(ARBN No.150375287), is a limited liability company incorporated and domiciled in Hong Kong.AMBAP is a wholesale Australian Financial Services (AFS)Licence holder(AFS No. 411055)under the Corporations Act 2001. Credit ratings emanating from AMBAP are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act.AMBAP does not authorize its Credit Ratings to be disseminated by a third-party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product.AMBAP Credit Ratings are intended for wholesale clients only, as defined. Credit Ratings determined and disseminated by AMBAP are the opinion of AMBAP only and not any specific credit analyst.AMBAP Credit Ratings are statements of opinion and not statements of fact.They are not recommendations to buy, hold or sell any securities or any other form of financial product, including insurance policies and are not a recommendation to be used to make investment /purchasing decisions. Important Notice:A.M. Best's Credit Ratings are independent and objective opinions, not statements of fact.A.M. Best is not an Investment Advisor, does not offer investment advice of any kind, nor does the company or its Ratings Analysts offer any form of structuring or financial advice.A.M. Best's credit opinions are not recommendations to buy,sell or hold securities, or to make any other investment decisions. For additional information regarding the use and limitations of credit rating opinions,as well as the rating process, information requirements and other rating related terms and definitions, please view Understanding Best's Credit Ratings. About Us I Site Map I Customer Service I My Account I Contact I Careers I Terms of Use I Privacy Policy I Security I Legal & Licensing Regulatory Affairs-Form NRSRO-Code of Conduct-Rating Methodology-Historical Performance Data Copyright©2019 A.M. Best Company, Inc. and/or its affiliates ALL RIGHTS RESERVED. ratings.ambest.com/CompanyProfile.aspx?ambnum=2234&U Ratingld=2928293&bl=0&AltSrc=9&PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0&... 4/4 6/12/2019 National Union Fire Insurance Company of Pittsburgh, Pa.-Company Profile-Best's Credit Rating Center National Union Fire Insurance Company of Pittsburgh, Pa. A.M. Best#: 002351 NAIC#: 19445 FEIN#: 250687550 Administrative Office View Additional Address F117af'1c[al Strellngth Rating 175 Water Street 18th Floor Information New York, NY 10038 '� United States A Ekcallent Assigned to insurance Web: www.aig.com companies that have, in our Phone: 212-770-7000 opinion, an excellent ability to meet their ongoing insurance obligations. View additional news, reports and products for this company. Based on A.M. Best's analysis, 058702 -American International Group, Inc. is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. Best's Credit Ratings Financial Strength Rating View Definition Rating: A (Excellent) Affiliation Code: p (Pooled) Financial Size Category: XV ($2 Billion or greater) Outlook: Stable Action: Affirmed Effective Date: June 20, 2018 Initial Rating Date: December 31, 1907 Long-Term Issuer Credit Rating View Definition Long-Term: a ratings.ambest.com/CompanyProfile.aspx?ambnum=2646&URatingld=2928293&bl=O&AltSrc=9&PPP=&AltNum=O&Ext User=&Ext Misc=&Portal=0&... 1/4 6/12/2019 National Union Fire Insurance Company of Pittsburgh, Pa.-Company Profile-Best's Credit Rating Center Outlook: Stable Action: Affirmed i Effective Date: June 20, 2018 Initial Rating Date: April 06, 2005 u Denotes Under Review Best's Rating Best's Credit Rating Analyst Rating Office: A.M. Best Rating Services, Inc. Senior Financial Analyst: Darian Ryan Senior Director: Michael J. Lagomarsino, CFA, FIRM Note: See the Disclosure information Form or Press Release below for the office and analyst at the time of the rating event. Disclosure Information Disclosure Information Form View A.M. Best's Rating Disclosure Form Press Release A.M. Best Affirms Credit Ratings of American International Group, Inc. and Certain Subsidiaries June 20, 2018 Rating History A.M. Best has provided ratings & analysis on this company since 1907. Financial Strength Rating Effective DateRating 6/20/2018 A 5/23/2017 A 1/26/2017 A u 6/2/2016 A 1/27/2016 A u 2/27/2015 A 2/20/2014 A ratings.ambest.com/CompanyProfile.aspx?ambnum=2646&U Rating ld=2928293&bl=0&AltSrc=9&PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0&... 2/4 6/12/2019 National Union Fire Insurance Company of Pittsburgh, Pa.-Company Profile-Best's Credit Rating Center Long-Term Issuer Credit Rating Effective Date Rating 6/20/2018 a 5/23/2017 a 1/26/2017 a u 6/2/2016 a 1/27/2016 a u 2/27/2015 a 2/20/2014 a Best's Credit Reports 7, Best's Credit Report -Where applicable, includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data. Report Revision Date: 4/24/2019 (represents the latest significant change). Historical Reports are available in Best's Credit Report Archive. b' View additional news, reports and products for this company. Press Releases Date Title Sep 21, 2018 A.M. Best Removes from Under Review and Affirms Credit Ratings of Certain Newly Acquired Members of AIG P/C US Insurance Group Aug 10, 2018 A.M. Best Removes From Under Review, Upgrades Credit Ratings of Blackboard Specialty Insurance Co.and Blackboard Insurance Co. Jun 20, 2018 A.M. Best Affirms Credit Ratings of American International Group, Inc.and Certain Subsidiaries May 23, 2017 A.M. Best Removes From Under Review With Negative Implications and Affirms Credit Ratings of AIG and Its Subsidiaries Jan 26, 2017 A.M. Best Places Credit Ratings of American International Group, Inc.and Subsidiaries Under Review with Negative Implications Jun 02, 2016 A.M. Best Removes From Under Review and Affirms Ratings of American International Group, Inc. and Majority of Its Subsidiaries Jan 27, 2016 A.M. Best Places Ratings of American International Group, Inc.and Its Subsidiaries Under Review with Negative Implications Feb 27, 2015 A.M. Best Affirms Ratings of American International Group, Inc.and Its U.S. Property/Casualty Subsidiaries 1 2 Page size: 10 20 items in 2 pages ratings.ambest.com/CompanyProfile.aspx?ambnum=2646&U Rating ld=2928293&bl=0&AltSrc=9&PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0&... 3/4 6/12/2019 National Union Fire Insurance Company of Pittsburgh,Pa.-Company Profile-Best's Credit Rating Center Find a Best's Credit Rating Enter a Company Name 7Go Advanced Search How to Get a a+ Best's Credit Rating +=' Best's Credit Ratings Mobile App European Union Disclosures A.M. Best-Europe Rating Services Limited (AMBERS),a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment Institution (ECAI)in the European Union (EU).Therefore,Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the EU as per Directive 2006/48/EC. A.M. Best(EU) Rating Services B.V. (AMB-EU), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment (ECAI)in the EU.Therefore, credit ratings issued and endorsed by AMB-EU may be used for regulatory purposes in the EU as per Directive 2006/48/EC. Australian Disclosures A.M. Best Asia-Pacific Limited (AMBAP), Australian Registered Body Number(ARBN No.150375287), is a limited liability company incorporated and domiciled in Hong Kong.AMBAP is a wholesale Australian Financial Services (AFS) Licence holder(AFS No. 411055)under the Corporations Act 2001. Credit ratings emanating from AMBAP are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act.AMBAP does not authorize its Credit Ratings to be disseminated by a third-party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product.AMBAP Credit Ratings are intended for wholesale clients only, as defined. Credit Ratings determined and disseminated by AMBAP are the opinion of AMBAP only and not any specific credit analyst.AMBAP Credit Ratings are statements of opinion and not statements of fact. They are not recommendations to buy, hold or sell any securities or any other form of financial product, including insurance policies and are not a recommendation to be used to make investment /purchasing decisions. Important Notice:A.M. Best's Credit Ratings are independent and objective opinions, not statements of fact.A.M. Best is not an Investment Advisor, does not offer investment advice of any kind, nor does the company or its Ratings Analysts offer any form of structuring or financial advice.A.M. Best's credit opinions are not recommendations to buy,sell or hold securities,or to make any other investment decisions. For additional information regarding the use and limitations of credit rating opinions,as well as the rating process, information requirements and other rating related terms and definitions, please view Understanding Best's Credit Ratings. About Us i Site Map i Customer Service I My Account I Contact I Careers I Terms of Use I Privacy Policy i Security I Legal & Licensing Regulatory Affairs-Form NRSRO-Code of Conduct-Rating Methodology-Historical Performance Data Copyright©2019 A.M. Best Company, Inc. and/or its affiliates ALL RIGHTS RESERVED. ratings.ambest.com/CompanyProfile.aspx?ambnum=2646&U Rating Id=2928293&bl=0&AltSrc=9&PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0&... 4/4 6/12/2019 Property and Casualty Insurance Company of Hartford-Company Profile-Best's Credit Rating Center Property and Casualty Insurance Company of Hartford A.M. Best#: 010777 NAIC#: 34690 FEIN#: 061276326 Administrative Office View Additional Address Financimd Strmgth Ftat�ing One Hartford Plaza Information Hartford, CT 06155-0001 BEST United States A+ SLlpef1a• Assigned to insurance Web: www.thehartford.com companies that have, in our Phone: 860-547-5000 opinion, a superior ability to meet their ongoing insurance obligations. View additional news, reports and products for this company. Based on A.M. Best's analysis, 058707 - Hartford Financial Services Group Inc is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. Best's Credit Ratings Financial Strength Rating View Definition Rating: A+ (Superior) Affiliation Code: p (Pooled) Financial Size Category: XV ($2 Billion or greater) Outlook: Stable Action: Affirmed Effective Date: August 02, 2018 Initial Rating Date: July 21, 1994 Long-Term Issuer Credit Rating View Definition Long-Term: aa- Outlook: Stable ratings.ambest.com/CompanyProfile.aspx?ambnum=2351&URatingId=2928293&bl=0&AltSrc=9&PPP=&AltNum=O&Ext User=&Ext Misc=&Portal=0&... 1/4 6/12/2019 Property and Casualty Insurance Company of Hartford-Company Profile-Best's Credit Rating Center Action: Affirmed Effective Date: August 02, 2018 Initial Rating Date: July 14, 2005 u Denotes Under Review Best's Rating Best's Credit Rating Analyst Rating Office: A.M. Best Rating Services, Inc. Financial Analyst: Lewis DeLosa, CFA Senior Director: Michael J. Lagomarsino, CFA, FRM Note: See the Disclosure information Form or Press Release below for the office and analyst at the time of the rating event. Disclosure Information Disclosure Information Form View A.M. Best's Rating Disclosure Form Press Release A.M. Best Affirms Credit Ratings of The Hartford Fin Svcs Group and P/C Subs; Upgrades ICR of Hartford Life and Accident Ins Co August 02, 2018 Rating History A.M. Best has provided ratings & analysis on this company since 1994. Financial Strength Rating Effective Date Rating 8/2/2018 A+ 7/7/2017 A+ 6/17/2016 A+ 5/1/2015 A+ 4/3/2014 A Long-Term Issuer Credit Rating ratings.ambest.com/CompanyProfile.aspx?ambnum=2351&U Rating ld=2928293&bl=0&AltSrc=9&PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0&... 2/4 6/12/2019 Property and Casualty Insurance Company of Hartford-Company Profile-Best's Credit Rating Center I Effective Date Rating 8/2/2018 aa- 7/7/2017 aa- 6/17/2016 aa- 5/1/2015 aa- 4/3/2014 a+ Best's Credit Reports 17 Best's Credit Report -Where applicable, includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data. Report Revision Date: 5/15/2019 (represents the latest significant change). 1� Historical Reports are available in Best's Credit Report Archive. M' View additional news, reports and products for this company. Press Releases Date Title Aug 02, 2018 A.M. Best Affirms Credit Ratings of The Hartford Fin Svcs Group and P/C Subs; Upgrades ICR of Hartford Life and Accident Ins Co Jul 07, 2017 A.M. Best Affirms Credit Ratings of The Hartford Financial Services Group, Inc.and Its Subsidiaries Jun 17, 2016 A.M. Best Affirms Ratings of The Hartford Financial Services Group, Inc.and Its Subsidiaries May 01, 2015 A.M. Best Upgrades Ratings of The Hartford Financial Services Group, Inc.and Its Property/Casualty Subsidiaries Apr 03, 2014 A.M. Best Revises Outlook to Positive for The Hartford Financial Services Group, Inc.and Its Property/Casualty Subsidiaries Mar 01, 2013 A.M. Best Affirms Ratings of Hartford Financial Services Group and Its P/C Subsidiaries and Downgrades Ratings of Hartford Life Mar 21, 2012 A.M. Best Places Ratings of The Hartford Financial Services Group, Inc.and Its Subsidiaries Under Review Apr 12, 2011 A.M. Best Revises Outlook to Stable for The Hartford Financial Services Group, Inc. and Its Key Life/Health Subsidiaries �dsr_'1 n —In n n n n n u• n 1 2 Page size: 10 20 items in 2 pages Find a Best's Credit Rating Enter a Company Name 7Go Advanced Search ratings.ambest.com/CompanyProfile.aspx?ambnum=2351&URatingld=2928293&bl=0&AltSrc=9&PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0&... 3/4 6/12/2019 Property and Casualty Insurance Company of Hartford-Company Profile-Best's Credit Rating Center How to Get a �+ Best's Credit felting •► ' Best's Credit Ratings Mobile App European Union Disclosures A.M. Best-Europe Rating Services Limited (AMBERS), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment Institution (ECAI)in the European Union (EU).Therefore, Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the EU as per Directive 2006/48/EC. A.M. Best(EU) Rating Services B.V.(AMB-EU), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment (ECAI)in the EU.Therefore, credit ratings issued and endorsed by AMB-EU may be used for regulatory purposes in the EU as per Directive 2006/48/EC. Australian Disclosures A.M. Best Asia-Pacific Limited (AMBAP),Australian Registered Body Number(ARBN No.150375287), is a limited liability company incorporated and domiciled in Hong Kong.AMBAP is a wholesale Australian Financial Services(AFS) Licence holder(AFS No. 411055)under the Corporations Act 2001. Credit ratings emanating from AMBAP are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act.AMBAP does not authorize its Credit Ratings to be disseminated by a third-party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product. AMBAP Credit Ratings are intended for wholesale clients only, as defined. Credit Ratings determined and disseminated by AMBAP are the opinion of AMBAP only and not any specific credit analyst.AMBAP Credit Ratings are statements of opinion and not statements of fact.They are not recommendations to buy, hold or sell any securities or any other form of financial product, including insurance policies and are not a recommendation to be used to make investment /purchasing decisions. Important Notice:A.M. Best's Credit Ratings are independent and objective opinions, not statements of fact.A.M. Best is not an Investment Advisor, does not offer investment advice of any kind, nor does the company or its Ratings Analysts offer any form of structuring or financial advice.A.M. Best's credit opinions are not recommendations to buy, sell or hold securities,or to make any other investment decisions. For additional information regarding the use and limitations of credit rating opinions, as well as the rating process, information requirements and other rating related terms and definitions, please view Understanding Best's Credit Ratings. About Us I Site Map I Customer Service I My Account I Contact I Careers I Terms of Use I Privacy Policy I Security I Legal & Licensing Regulatory Affairs-Form NRSRO-Code of Conduct- Rating Methodology-Historical Performance Data Copyright©2019 A.M. Best Company, Inc. and/or its affiliates ALL RIGHTS RESERVED. ratings.ambest.com/CompanyProfile.aspx?ambnum=2351&U Rating ld=2928293&b1=0&AltSrc=9&PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0&... 4/4 6/12/2019 Philadelphia Indemnity Insurance Company-Company Profile-Best's Credit Rating Center Philadelphia Indemnity Insurance Company A.M.Best#: 003616 NAIC#: 18058 FEIN#:231738402 Domiciliary Address FinanciW Strwgth f fmg One Bala Plaza Suite 100 Bala Cynwyd, PA 19004-1403 United States A++ SuWGr Assigned to insurance Web: www.phly.com companies that have, in our Phone: 610-617-7900 opinion, a superior ability to Fax: 610-617-7940 meet their ongoing insurance obligations. View additional news, reports and products for this company. Based on A.M. Best's analysis, 058633 - Tokio Marine Holdings, Inc. is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. Best's Credit Ratings Financial Strength Rating View Definition Rating: A++ (Superior) Affiliation Code: p (Pooled) Financial Size Category: XV ($2 Billion or greater) Outlook: Stable Action: Affirmed Effective Date: December 21, 2018 Initial Rating Date: June 30, 1981 Long-Term Issuer Credit Rating View Definition Long-Term: aa+ Outlook: Stable ratings.ambest.com/CompanyProfile.aspx?ambnum=10777&URatingld=2928293&bl=0&AltSrc=9&PPP=&AltNum=O&Ext User=&Ext Misc=&Portal=0... 1/4 6/12/2019 Philadelphia Indemnity Insurance Company-Company Profile-Best's Credit Rating Center Action: Affirmed Effective Date: December 21, 2018 Initial Rating Date: June 03, 2005 u Denotes Under Review Best's Rating Best's Credit Rating Analyst Rating Office: A.M. Best Rating Services, Inc. Financial Analyst: Samiksha Gupta Associate Director : Robert Raber Note: See the Disclosure information Form or Press Release below for the office and analyst at the time of the rating event. Disclosure Information Disclosure Information Form View A.M. Best's Rating Disclosure Form Press Release AM Best Affirms Credit Ratings of Philadelphia Insurance Companies' Members December 21, 2018 Rating History A.M. Best has provided ratings & analysis on this company since 1981. Financial Strength Rating Effective Date Rating 12/21/2018 A++ 12/1/2017 A++ 9/21/2016 A++ 6/4/2015 A++ 5/8/2014 A++ Long-Term Issuer Credit Rating ratings.ambest.com/CompanyProfile.aspx?ambnum=10777&U Rating Id=2928293&bl=0&AltSrc=9&PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0... 2/4 6/12/2019 Philadelphia Indemnity Insurance Company-Company Profile-Best's Credit Rating Center Effective Date Rating 12/21/2018 aa+ 12/1/2017 aa+ 9/21/2016 aa+ 6/4/2015 aa+ 5/8/2014 aa+ Best's Credit Reports ,17 Best's Credit Report -Where applicable, includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data. Report Revision Date: 4/26/2019 (represents the latest significant change). �- Historical Reports are available in Best's Credit Report Archive. View additional news, reports and products for this company. Press Releases Date Title Dec 21, 2018 AM Best Affirms Credit Ratings of Philadelphia Insurance Companies' Members Dec 01, 2017 A.M. Best Affirms Credit Ratings of Philadelphia Insurance Companies' Members Sep 21, 2016 A.M. Best Affirms Credit Ratings of Philadelphia Insurance Companies' Members Jun 04, 2015 A.M. Best Affirms Ratings of Philadelphia Insurance Companies' Members May 08, 2014 A.M. Best Affirms Ratings of Philadelphia Insurance Companies' Members Feb 28, 2013 A.M. Best Affirms Ratings of Philadelphia Insurance Companies Members Sep 19, 2011 A.M. Best Upgrades Ratings of Philadelphia Insurance Companies and Its Members Jul 09, 2010 A.M. Best Revises Outlook to Positive for Philadelphia Insurance Companies and Its Members Jun 12, 2009 A.M. Best Upgrades Issuer Credit Ratings of Philadelphia Insurance Companies and Its Members Dec 05, 2008 A.M. Best Withdraws Rating of Philadelphia Consolidated Holding Corp. Following Its Acquisition by Tokio Marine Holdings 1 2 Page size: 10 14 items in 2 pages Find a Best's Credit Rating Enter a Company Name EG Advanced Search ratings.ambest.com/CompanyProfile.aspx?ambnum=10777&U Ratingld=2928293&bl=0&AltSrc=9&PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0... 3/4 6/12/2019 Philadelphia Indemnity Insurance Company-Company Profile-Best's Credit Rating Center How to Get a Best's Credit Rating + Best's Credit Ratings Mobile App European Union Disclosures A.M. Best-Europe Rating Services Limited (AMBERS), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment Institution (ECAI)in the European Union(EU).Therefore, Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the EU as per Directive 2006/48/EC. A.M. Best(EU) Rating Services B.V.(AMB-EU), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment (ECAI)in the EU.Therefore, credit ratings issued and endorsed by AMB-EU may be used for regulatory purposes in the EU as per Directive 2006/48/EC. Australian Disclosures A.M. Best Asia-Pacific Limited(AMBAP),Australian Registered Body Number(ARBN No.150375287), is a limited liability company incorporated and domiciled in Hong Kong.AMBAP is a wholesale Australian Financial Services (AFS)Licence holder(AFS No. 411055)under the Corporations Act 2001. Credit ratings emanating from AMBAP are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act.AMBAP does not authorize its Credit Ratings to be disseminated by a third-party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product. AMBAP Credit Ratings are intended for wholesale clients only, as defined. Credit Ratings determined and disseminated by AMBAP are the opinion of AMBAP only and not any specific credit analyst.AMBAP Credit Ratings are statements of opinion and not statements of fact.They are not recommendations to buy, hold or sell any securities or any other form of financial product, including insurance policies and are not a recommendation to be used to make investment /purchasing decisions. Important Notice:A.M. Best's Credit Ratings are independent and objective opinions, not statements of fact.A.M. Best is not an Investment Advisor, does not offer investment advice of any kind, nor does the company or its Ratings Analysts offer any form of structuring or financial advice.A.M.Best's credit opinions are not recommendations to buy,sell or hold securities,or to make any other investment decisions. For additional information regarding the use and limitations of credit rating opinions, as well as the rating process, information requirements and other rating related terms and definitions, please view Understanding Best's Credit Ratings. About Us I Site Map I Customer Service I My Account I Contact I Careers I Terms of Use I Privacy Policy I Security I Legal& Licensing Regulatory Affairs-Form NRSRO-Code of Conduct- Rating Methodology-Historical Performance Data Copyright©2019 A.M. Best Company, Inc. and/or its affiliates ALL RIGHTS RESERVED. ratings.ambest.com/CompanyProfile.aspx?ambnum=10777&U Rating ld=2928293&b1=0&AltSrc=9&PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0... 4/4 6/12/2019 Hartford Fire Insurance Company-Company Profile-Best's Credit Rating Center Hartford Fire Insurance Company A.M.Best#: 002231 NAIC#: 19682 FEIN#: 060383750 Domiciliary Address FinancEW Shmgth Rafhg One Hartford Plaza Hartford, CT 06155-0001 qr r. B EST United States AEI. SuWa• Assigned to insurance Web: www.thehartford.com companies that have, in our Phone: 860-547-5000 opinion, a superior ability to meet their ongoing insurance obligations. View additional news, reports and products for this company. Based on A.M. Best's analysis, 058707 - Hartford Financial Services Group Inc is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. Best's Credit Ratings Financial Strength Rating View Definition Rating: A+ (Superior) Affiliation Code: p (Pooled) Financial Size Category: XV ($2 Billion or greater) Outlook: Stable Action: Affirmed Effective Date: August 02, 2018 Initial Rating Date: December 31, 1907 Long-Term Issuer Credit Rating View Definition Long-Term: aa- Outlook: Stable ratings.ambest.com/CompanyProfile.aspx?ambnum=3616&URating Id=2928293&bl=0&AltSrc=9&PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0&... 1/5 6/12/2019 Hartford Fire Insurance Company-Company Profile-Best's Credit Rating Center Action: Affirmed Effective Date: August 02, 2018 Initial Rating Date: July 14, 2005 u Denotes Under Review Best's Rating Best's Credit Rating Analyst Rating Office: A.M. Best Rating Services, Inc. Financial Analyst: Lewis DeLosa, CFA Senior Director: Michael J. Lagomarsino, CFA, FRM Note: See the Disclosure information Form or Press Release below for the office and analyst at the time of the rating event. . . . ..... . . . .... .. i Disclosure Information I I Disclosure Information Form View A.M. Best's Rating Disclosure Form Press Release A.M. Best Affirms Credit Ratings of The Hartford Fin Svcs Group and P/C Subs; Upgrades ICR of Hartford Life and Accident Ins Co August 02, 2018 Rating History A.M. Best has provided ratings & analysis on this company since 1907. Financial Strength Rating Effective DateRating 8/2/2018 A+ 7/7/2017 A+ 6/17/2016 A+ 5/1/2015 A+ 4/3/2014 A Long-Term Issuer Credit Rating ratings.ambest.com/CompanyProfile.aspx?ambnum=3616&URating Id=2928293&bl=O&AltSrc=9&PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0&... 2/5 6/12/2019 Hartford Fire Insurance Company-Company Profile-Best's Credit Rating Center Effective DateRating 8/2/2018 aa- 7/7/2017 aa- 6/17/2016 aa- 5/1/2015 aa- 4/3/2014 a+ Related Financial and Analytical Data The following links provide access to related data records that A.M. Best utilizes to provide financial and analytical data on a consolidated or branch basis. AMB # Company Name Company Description 087049 Hartford Fire Insurance Represents the Property/Casualty financials for the Canada Branch Company CAB of this legal entity. Best's Credit Reports ,I Best's Credit Report -Where applicable, includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data. Report Revision Date: 4/17/2019 (represents the latest significant change). Historical Reports are available in Best's Credit Report Archive. View additional news, reports and products for this company. ratings.ambest.com/CompanyProfile.aspx?ambnum=3616&URatingld=2928293&bl=0&AltSrc=9&PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0&... 3/5 6/12/2019 Hartford Fire Insurance Company-Company Profile-Best's Credit Rating Center Press Releases Date Title Aug 02, 2018 A.M. Best Affirms Credit Ratings of The Hartford Fin Svcs Group and P/C Subs;Upgrades ICR of Hartford Life and Accident Ins Co Jul 07, 2017 A.M. Best Affirms Credit Ratings of The Hartford Financial Services Group, Inc.and Its Subsidiaries Jan 18, 2017 A.M. Best Removes From Under Review and Upgrades Credit Ratings of Maxum Indemnity Company and Maxum Casualty Insurance Company Jan 03, 2017 A.M. Best Comments on Credit Ratings of The Hartford Financial Services Group Following Transaction with National Indemnity Co. Jun 17, 2016 A.M. Best Affirms Ratings of The Hartford Financial Services Group, Inc. and Its Subsidiaries Mar 18, 2016 A.M. Best Places Ratings of Members of the Maxum Specialty Insurance Group Under Review with Positive Implications May 01, 201 S A.M. Best Upgrades Ratings of The Hartford Financial Services Group, Inc.and Its Property/Casualty Subsidiaries Apr 03, 2014 A.M. Best Revises Outlook to Positive for The Hartford Financial Services Group, Inc.and Its Property/Casualty Subsidiaries ni '1 n a I A h n 1 2 3 Page size: 10 24 items in 3 pages Find a Best's Credit Rating Enter a Company Name FGo] Advanced Search Haw to Get a ! + Besfs Credit Rating Besfs Credit Ratings Mobile;App European Union Disclosures A.M. Best-Europe Rating Services Limited (AMBERS), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment Institution (ECAI)in the European Union (EU).Therefore, Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the EU as per Directive 2006/48/EC. A.M. Best(EU) Rating Services B.V. (AMB-EU), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment (ECAI)in the EU.Therefore, credit ratings issued and endorsed by AMB-EU may be used for regulatory purposes in the EU as per Directive 2006/48/EC. Australian Disclosures A.M. Best Asia-Pacific Limited (AMBAP), Australian Registered Body Number(ARBN No.150375287), is a limited liability company incorporated and domiciled in Hong Kong.AMBAP is a wholesale Australian Financial Services (AFS) Licence holder(AFS No. 411055)under the Corporations Act 2001. Credit ratings emanating from AMBAP are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act.AMBAP does not authorize its ratings.ambest.com/CompanyProfile.aspx?ambnum=3616&U Rating Id=2928293&bl=O&AltSrc=9&PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0&... 4/5 6/12/2019 Hartford Fire Insurance Company-Company Profile-Best's Credit Rating Center Credit Ratings to be disseminated by a third-party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product.AMBAP Credit Ratings are intended for wholesale clients only, as defined. Credit Ratings determined and disseminated by AMBAP are the opinion of AMBAP only and not any specific credit analyst.AMBAP Credit Ratings are statements of opinion and not statements of fact.They are not recommendations to buy, hold or sell any securities or any other form of financial product, including insurance policies and are not a recommendation to be used to make investment /purchasing decisions. Important Notice:A.M. Best's Credit Ratings are independent and objective opinions, not statements of fact.A.M. Best is not an Investment Advisor, does not offer investment advice of any kind, nor does the company or its Ratings Analysts offer any form of structuring or financial advice.A.M. Best's credit opinions are not recommendations to buy, sell or hold securities, or to make any other investment decisions. For additional information regarding the use and limitations of credit rating opinions, as well as the rating process, information requirements and other rating related terms and definitions, please view Understanding Best's Credit Ratings. About Us I Site Map I Customer Service I My Account I Contact I Careers I Terms of Use I Privacy Policy I Security I Legal& Licensing Regulatory Affairs-Form NRSRO-Code of Conduct- Rating Methodology-Historical Performance Data Copyright©2019 A.M. Best Company, Inc. and/or its affiliates ALL RIGHTS RESERVED. ratings.ambest.com/CompanyProfile.aspx?ambnum=3616&U Rating Id=2928293&bl=0&AltSrc=9&PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0&... 5/5