Valerio's Complaint

NAILAH K.
BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
AMENDED COMPLAINT $75

May 4,2020 15:25
By: JONATHAN MESTER 0069865
Confirmation Nbr. 1993170
VALERIO'S INC. CV 20 932204
vs.
Judge: SHERRIE MIDAY
ERIE INSURANCE EXCHANGE
Pages Filed: 152
Electronically Filed 05/04/2020 15:25 / COMPLAINT / CV 20 932204 / Confirmation Nbr. 1993170 / CLMRB
IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
VALERIO’S, INC., individually and on ) CASE NO. CV 20 932204

behalf of all others similarly situated )
12405 Mayfield Road ) JUDGE SHERRIE MIDAY
Cleveland, Ohio 44106 )

)
and )
)
THE FAIRMOUNT INC., individually and )
on behalf of all others similarly situated )
2449 Fairmount Boulevard )
Cleveland Heights, Ohio 44106-3131 )
)
Plaintiffs, )
)
v. )
) FIRST AMENDED CLASS ACTION
ERIE INSURANCE EXCHANGE ) COMPLAINT FOR BREACH OF
100 Erie Insurance Place ) CONTRACT AND DECLARATORY
Erie, Pennsylvania 16530 ) RELIEF
)
Defendant. ) Jury Demand Endorsed Hereon
Plaintiffs Valerio’s, Inc. and The Fairmount Inc., individually and on behalf of the other
members of the class as defined below, hereby bring this class action against defendant Erie
Insurance Exchange, and in support state as follows:
GENERAL ALLEGATIONS
1. Plaintiff Valerio’s, Inc., is an Ohio corporation that does business as Valerio’s
Ristorante at 12405 Mayfield Road, Cleveland, Ohio 44106. Founded and operated by Valerio and
Stella Iorio, Valerio’s Ristorante has been one of Cleveland’s most loved and successful authentic
Italian restaurants, but its operations have been sharply curtailed by the events that give rise to this
complaint.
2. Plaintiff The Fairmount Inc. is an Ohio corporation that does business as The
Fairmount at 2448 Fairmount Boulevard, Cleveland Heights, Ohio 44106-3131. Family owned and
operated, The F airmount has been a highly successful restaurant, craft cocktail and wine bar, but like
Valerio’s its operations also have been sharply curtained by the events at issue in this complaint.
3. Defendant Erie Insurance Exchange (“Erie”) is a Pennsylvania-domiciled reciprocal
insurer that is in the business of providing property and casualty insurance.
4. In order to protect its business operations from losses outside its control, Valerio’s
obtained a commercial insurance policy, number Q97-2014696, from Erie (“the Valerio’s policy”),
providing coverage for Valerio’s operations at 12405 Mayfield Road, Cleveland, Ohio 44106. A true
and correct copy of the Declarations for the policy is attached as Exhibit A. The Valerio’s policy
is voluminous and is in the possession of Erie, and therefore has not been attached in its entirety.
5. The Valerio’s policy issued by Erie provides coverage for, among other things,
Income Protection Coverage, Extra Expense Coverage, and loss due to the actions of civil
authorities. This coverage is extended in, among other things, Forms PK-00-01(Ed. 01/20) CL-0001
and PK-JK (Ed. 9/18) CL-0348, which provide coverage for loss of business income, along with
extra expenses incurred to avoid or minimize the suspension, in the event of a partial or total
interruption of business resulting from a peril insured against, as well as additional coverage for the
actual loss of income and necessary extra expenses incurred as a result of “action of civil authority
that prohibits access” to the insured property.
6. In order to protect its business operations from losses outside its control, The
Fairmount also obtained a commercial insurance policy, number Q97-20159079, from Erie (“the
Fairmount policy”), providing coverage for The Fairmount’s operations at 2448 Fairmount
Boulevard, Cleveland Heights, Ohio 44106-3131. A true and correct copy of the Declarations for
the policy is attached as Exhibit B. Like the Valerio’s policy, the Fairmount policy is voluminous
and is in the possession of Erie, and therefore has not been attached in its entirety.
7. Like the Valerio’s policy, the F airmount policy issued by Erie provides coverage for,
among other things, Income Protection Coverage, Extra Expense Coverage, and loss due to the
actions of civil authorities. This coverage is extended in, among other things, Forms PK-00-01(Ed.
9/18) CL-0001 and PK-JK (Ed. 9/18) CL-0348, which provide coverage for loss ofbusiness income,
along with extra expenses incurred to avoid or minimize the suspension, in the event of a partial or
total interruption of business resulting from a peril insured against, as well as additional coverage
for the actual loss of income and necessary extra expenses incurred as a result of “action of civil
authority that prohibits access” to the insured property.
8. While the Valerio’s policy and the Fairmount Policy were in force, Valerio’s and The
Fairmount sustained, and continue to sustain, covered losses due to the presence, and the risk of the
presence, of the pathogen that causes COVID-19 within and on the insured premises, as well as
within and on other premises in the immediate vicinity.
9. As Governor Mike DeWine noted in Executive Order 2020-01D, issued on March
9, 2020 and declaring a state of emergency due to the COVID-19 crisis, COVID-19 is caused by a
new strain of coronavirus that can be contracted by touching a surface or object that has the virus on
it. Amy Acton, M.D., MPH, Director of the Ohio Department of Health, has since issued Directors’
Orders restricting the operations of various types of businesses and commercial operations, noting
that COVID-19 is easily spread, and that previous studies have shown that human coronaviruses can
survive on inanimate surfaces for as long as four to five days.
10. On March 15, 2020, following the issuance of Executive Order 2020-01D, Dr. Acton
issued a Director’s Order prohibiting the sale of food and beverages for onsite consumption, and
restricting all food and beverage sales to carry-out and delivery only, in order “to avoid an imminent
threat with a high probability of widespread exposure to COVID 19." In her March 15, 2020
Director’s Order prohibiting the sale of food and beverages for on-site consumption, Dr. Acton
specifically noted that COVID-19 is easily spread, and that previous studies have shown that human
coronaviruses can survive on inanimate surfaces for as long as four to five days. A copy of the order
is attached as Exhibit C.
11. On March 22, 2020, Dr. Acton issued a “Stay At Home Order” restricting the
activities and movement of Ohio residents, including Ohio residents who would otherwise frequent
Valerio’s and The Fairmount, and again restricting the activities of these two businesses, and all
other businesses engaged in the sale of food and beverages, to carry-out and delivery service. A copy
of the order is attached as Exhibit D.
12. As a direct and proximate result, Valerio’s and The Fairmount have been compelled
to restrict their business activities at the insured premises to carry-out service only, and as a result
both have sustained, and will continue to sustain, serious business interruption losses and other
damages that are covered under the policies issued to them by Erie.
13. Dr. Acton issued the March 15, 2020 and March 22, 2020 Director’s Orders pursuant
to the statutory authority vested in her under R.C. § 3701.13.
14. The pathogen that causes COVID-19 is a physical substance that is capable of
remaining active and virulent on physical surfaces, including the physical surfaces within the insured
property and properties within close proximity.
15. Governor DeWine’s declaration of a state of emergency, and Dr. Acton’s Director’s
Orders, each constitute actions of civil authority for purposes of Erie’s policy.
16. On April 17, 2020, Valerio’s presented a claim for business interruption loss and
other coverage under the policy, with the amount of the claim to be determined after the conclusion
of the prohibition on business activities and any necessary period of restoration.
17. On April 21,2020, Erie formally denied Valerio’s claim, asserting that the Valerio’s
policy does not provide coverage for the business interruption and extra expense losses that have
been claimed. A copy of the denial letter is attached as Exhibit E.
18. On April 21, 2020, Erie formally denied The Fairmount’s claim, asserting that the
Fairmount policy does not provide coverage for the business interruption and extra expense losses
that have been claimed. A copy of the denial letter is attached as Exhibit F.
ERIE’S COVERAGE
19. In return for payment of a premium, Erie issued Valerio’s its Ultrapack Plus Policy,
No. Q97-2014696, effective from February 5, 2020 to February 5, 2021, which included (among
other things), Erie’s Ultrapack Plus Commercial Policy Coverage Part (Form PK-00-01 (Ed. 1/20))
and Erie’s Restaurants Enhancement Endorsement (Form PK-JK (Ed. 9/18) CL-0348). Form PK-
00-01 (Ed. 1/20)) is attached as Exhibit G, and Form PK-JK is attached as Exhibit H.
20. In return for payment of a premium, Erie issued The Fairmount its Ultrapack Plus
Policy, No. Q97-2059079, effective from March 25, 2019 to March 25, 2020, which included
(among other things) Erie’s Ultrapack Plus Commercial Policy Coverage Part (Form PK-00-01 (Ed.
9/18)) and Erie’s Restaurants Enhancement Endorsement (Form PK-JK (Ed. 9/18) CL-0348). Form
PK-00-01 (Ed. 9/18) is attached as Exhibit I.
21. Erie’s policies are what is known as “all-risk” policies, in that they cover all risks that
do not fall within the scope of express policy exclusions. Specifically, in both versions of Form PK-
00-01 at issue, SECTION II - PERILS INSURED AGAINST provides as follows:
Covered Cause of Loss
This Policy insures against direct physical “loss”, except “loss” as excluded
or limited in this policy.
22. The term “loss” is defined in both policies as “direct and accidental loss of or damage
to covered property.”
23. In both versions of Form PK-00-1, as modified by Form PK-JK, Erie also agreed to
provide Valerio’s and The Fairmount with coverage for loss of business income, along with extra
expenses incurred to avoid or minimize the suspension, in the event of a partial or total interruption
of business resulting from a peril insured against, as well as additional coverage for the actual loss
of income and necessary extra expenses incurred as a result of “action of civil authority that prohibits
access” to the insured property in the event that a peril insured against causes damage to the property
of others.
24. The insurance industry has long recognized that the presence of pathogens and
disease-causing agents such as fungi, bacteria, and viruses can constitute physical loss or damage
to property, and for that reason have incorporated express exclusions for such coverage into some
of their policies. Nothing in Erie’s policies, however, excludes virus coverage.
FACTS COMMON TO ALL CLASS MEMBERS
25. Erie has issued policies of insurance to thousands of Ohio businesses using the same
standard forms and language for loss of business income, extra expense, and actions of civil
authorities as Erie used in the Ultrapack Plus Policies it issued to Valerio’s and The Fairmount, and
each of which lacks an enforceable exclusion for losses due to the presence, and the risk of the
within and on other premises in the immediate vicinity.
26. Upon information and belief, many of these businesses have sustained loss of
business income, extra expense, and other covered losses due to the presence, and the risk of the
within and on other premises in the immediate vicinity, and as well as to actions of civil authority
that prohibit or limit access to their premises on that basis.
27. Upon information and belief, Erie has, on a uniform basis, refused to pay any of its
insureds under the coverage at issue here for losses due to the presence, and the risk of the presence,
of the pathogen that causes COVID-19 within and on the insured premises, as well as within and on
other premises in the immediate vicinity.
CLASS ACTION ALLEGATIONS
A. Class Definition
28. Valerio’s and The Fairmount bring this class action pursuant to Ohio Civil Rule 23
individually and on behalf of all others similarly situated.
29. Valerio’s and The Fairmount seek to represent a statewide class (the “Class”) defined
as:
All persons and entities in Ohio insured under a commercial

insurance policy issued by Erie Insurance Exchange (“Erie”) with
Income Protection, Extra Expense Coverage, and Civil Authority
coverage under Erie’s Ultrapack Plus Commercial Policy Coverage
Part (Form PK-00-01) and/or Erie’s Restaurants Enhancement
Endorsement (Form PK-JK (Ed. 9/18)) as part of a policy of
insurance that did not include an applicable exclusion for virus
coverage. T o qualify as Class Members, the aforementioned insureds
must have made a claim with Erie, which Erie denied, for lost or
diminished business income and/or extra expense resulting from the
suspension or curtailment of business due to the COVID-19
Pandemic and/or the SARS-CoV-2 virus and/or the disease known as
COVID-19 and/or Ohio’s civil authority order relating thereto.
30. Excluded from the Class is defendant and any of its members, affiliates, parents,
subsidiaries, officers, directors, employees, successors, or any controlled person of defendant; the
judicial officers assigned to this litigation; and any members of their staff or immediate family.
B. Numerosity (Civ. R. 23(A)(1))
31. Erie is a major underwriter of commercial casualty insurance policies, and upon
information and belief has issued hundreds, if not thousands, of standardized policies such as the
ones it issued to Valerio’s and The Fairmount to businesses located in Ohio.
32. Upon information and belief, Erie has denied, or will deny, coverage to each and
every one of these Ohio insureds who makes a claim arising from the COVID-19 pandemic. As the
state of emergency declared by Governor DeWine and various Director’s Orders issued by Dr. Acton
have disrupted business activities throughout the state and have affected a wide range of commercial
enterprises, it is clear that the class as defined above consists of many hundreds, if not thousands,
of affected individuals and businesses.
33. Although the precise number of class members is unknown, it is apparent that the
members of the class are so numerous that individual joinder would be impracticable. At the same
time, the precise number and identity of those persons who had policies with the relevant coverage
provisions and were denied coverage for COVID-19 related losses can be ascertained from Erie’s
own books and records. Class members may be notified of the pendency of the action by recognized
methods, which may include U.S. Mail, electronic mail, internet portals, and/or other forms of
published notice.
C. Commonality and Typicality (Civ. R. 23(A)(2) and Civ. R. 23(A)(3))
34. Common questions of law and fact predominate in this matter because the contractual
provisions at issue are uniform across the class, as is Erie’s decision to refuse coverage under those
provisions for COVID-19 related losses. For the same reasons, the claims and defenses of the
representative parties are typical of the claims or defenses of the Class.
35. The questions of law or fact common to the Class include, but are not limited to:
a. Whether, as a result of the COVID-19 Pandemic and/or the SARS-CoV-2

virus and/or the disease known as COVID-19, members of the Class suffered
a covered loss as defined in the common policy forms issued by Erie to Class
members;
b. Whether the COVID-19 Pandemic and/or the SARS-CoV-2 virus and/or the
disease known as COVID-19 can cause direct physical “loss” of or damage
to Covered Property as defined in the common policy forms issued to
members of the Class;
c. Whether the COVID-19 Pandemic and/or the SARS-CoV-2 virus and/or the
disease known as COVID-19 constitute a “peril insured against” and/or a
Covered Cause of Loss under the relevant policy language;
d. Whether Governor DeWine’s declaration of a state of emergency and Dr.

Acton’s Director’s Orders closing and/or limiting access to non-essential
businesses constituted actions of a civil authority under the common policy
forms issued to members of the Class; and
e. Whether the actions of the civil authorities closing or limiting access to non
essential businesses due to the COVID-19 Pandemic and/or the SARS-CoV-2
virus and/or the disease COVID-19 satisfy the requirement in the Civil
Authority coverage that the insured’s business be closed due to damage to
property within one mile of the insured premises.
D. Adequacy of Representation (Civ. R. 23(A)(4))
36. Valerio’s and The F airmount are adequate class representatives because their interests
do not conflict with those of any other Class member. By proving their individual claims, Valerio’s
and The Fairmount will necessarily prove those of the Class, as their claims and those of the Class
members will be based on the same legal theories, and arise from the same pattern of wrongful
conduct on the part of Erie.
37. The law firm ofNurenberg, Paris, Heller & McCarthy has ample experience litigating
class actions, and specifically class actions involving insurance coverage issues, and has adequate
financial resources to ensure that the interests of the class will not be harmed.
38. The law firm ofNurenberg Paris has successfully litigated a number of complex class
actions. Among others, the law firm ofNurenberg Paris successfully litigated a complex class action
against State Farm Mutual Automobile Insurance Company on behalf of Ohio insureds who were
unfairly charged duplicative premiums for uninsured/underinsured motorist coverage. See
Baughman v. State Farm Mut. Auto Ins. Co., 88 Ohio St.3d 480, 2000-Ohio-397, 727 N.E.2d 1265.
10
The firm also successfully litigated a consumer class action against a major Ohio auto dealership on
behalf of consumers who were unfairly charged inappropriate fees in conjunction with their vehicle
purchases. See Washington v. Spitzer Mgmt., 8th Dist. Cuyahoga No. 81612, 2003-Ohio-1735. Each
case resulted in monetary recoveries on behalf of thousands of individual Ohioans who had been
wronged by the respective defendants’ conduct.
E. Risk of Inconsistent or Varying Adjudications (Civ. R. 23(B)(1))
39. The prosecution of separate actions by individual class members would create a risk
of (a) inconsistent or varying adjudications with respect to individual class members that would
establish incompatible standards of conduct for the defendant; and (b) would, as a practical matter,
be dispositive of the interests of the other members not parties to the individual adjudications.
F. Erie Has Acted on Grounds that Apply Generally to the Class (Civ. R. 23(B)(2))
40. Erie has acted or refused to act on grounds generally applicable to the Class, so that
declaratory relief is appropriate respecting the Class as a whole.
G. Predominance and Superiority (Civ. R. 23(B)(3))
41. Questions of fact or law common to members of the Class as a whole, as referenced
above, predominate over questions affecting only individual members, and a class action is superior
to other available methods for fairly and efficiently adjudicating the controversy. Among other
things,
a. Class members’ interest in individually controlling the prosecution of

separate actions is outweighed substantially by the risk of inconsistent
adjudications; and
b. Management of the class action would present few difficulties, and provides
the benefits of single adjudication, economy of scale, and comprehensive
supervision by a single court.
11
COUNT I - BREACH OF CONTRACT
42. The preceding paragraphs are fully incorporated herein.
43. The policies issued to Valerio’s and The Fairmount by Erie, as well as the policies
issued to other members of the Class, are contracts under which Valerio’s, The Fairmount, and the
other Class members paid premiums in exchange for Erie’s promise to indemnify them for certain
losses specified in those policies, including business income lost, and extra expenses incurred, as a
result of a covered loss.
44. Contamination with the pathogen that causes COVID-19 caused direct physical loss
and damage to the insured premises, as well as to other premises, such that the loss of business
income and extra expense resulting from the curtailment of the business operations ofValerio’s. The
Fairmount, and the other Class members is covered under those policies, and Erie is obligated to
indemnify Valerio’s, The Fairmount, and the other Class members for the loss.
45. Valerio’s, The Fairmount, and each Class member have performed all of their
obligations under the policies issued by Erie, including the payment of premiums, and has otherwise
satisfied all conditions precedent to recovering under those policies.
46. Valerio’s loss claims, and the loss claims of the Class members, are not subject to any
applicable policy exclusion.
47. The Fairmount’s loss claims, and the loss claims of the Class members, are not
subject to any applicable policy exclusion.
48. By denying coverage, Erie has breached its obligations under the policies issued to
Valerio’s, The Fairmount, and the Class, and as a result, Valerio’s and the Class have sustained, and
will continue to sustain, damages in an amount to be determined at trial.
12
COUNT II - DECLARATORY JUDGMENT
49. The preceding paragraphs are fully incorporated herein.
50. There is a dispute between Valerio’s, The Fairmount, and the Class members, on the
one hand, and Erie on the other, as to the construction of the policies of insurance at issue in this
action, and the enforceability of their terms, such that an actual controversy exists between the
parties for purposes of Chapter 2721 of the Ohio Revised Code.
51. As a result, Valerio’s, The Fairmount, and the Class are entitled to a declaration of
their rights under those policies, including their rights to indemnification for business income and
extra expense losses arising from the events at issue in this case.
52. Valerio’s, The Fairmount, and the Class members are entitled to a declaration that
their ongoing business income and extra expense losses incurred as a result of, and in connection
with, the drastic curtailment and/or cessation of their business activities due to the COVID-19
pandemic are insured losses under the policies issued by Erie, and that once documented, Erie shall
be obligated to pay the full amount of those expenses or to pay policy limits, whichever is less.
WHEREFORE, plaintiffs Valerio’s, Inc. and The Fairmount, Inc., individually and on behalf
of the other class members, prays for the following:
a. Entering an order certifying the proposed statewide Class, as requested herein,

designating Plaintiffs as Class representatives, and appointing Plaintiffs’ undersigned
attorneys as Class counsel;
b. Judgment in favor of Plaintiffs and members of the Class on Count I in an amount

to be proven at trial or, in the alternative, an order that an appraisal of damages be
conducted with respect to the Plaintiffs and each member of the Class in accordance
with the policy terms;
13
c. A declaration that the business income and extra expense losses incurred by Plaintiffs
and members of the Class as a result of the drastic curtailment of business activities
due to the COVID-19 pandemic are insured losses under the policy of insurance
issued by defendant Erie Insurance Exchange;
d. Costs, including attorneys’ fees; and
e. Such other and further relief as this Court deems just and equitable.
JURY DEMAND
Plaintiff hereby demands trial by jury on all claims so triable.
Respectfully submitted,
/s/ Jonathan D. Mester_______________

David M. Paris, Esq. (0001358)
Jonathan D. Mester, Esq. (0069865)
NURENBERG, PARIS, HELLER &
McCarthy co., l.p.a.
600 Superior Ave. E., Suite 1200
Cleveland, Ohio 44114
Tel: (216) 621-2300; Fax: (216) 771-2242
Email: Dparis@nphm.com
Jmester@nphm.com
Attorneys for Plaintiffs and the

Proposed Class
14
Exhibit A
Erie Insurance Exchange
Erie0 Insurance
4S4 Exchange
Member • Erie Insurance Group
100 Erie Ins. PI. • Erie, PA 16530
Ultrapack Plus Policy Declarations

Renewal Certificate
Mailing Name and Address for Insured: Other Interest:
VALERIOS INC
VALERIOS INC D/B/A
12405 MAYFIELD RD
CLEVELAND OH 44106-1929
GG1201
Named Insured's Full Name:

valerios inc
Valerios inc D/B/A
Agent: Policy Period: Policy Number:
GG1201 LAKE SHORE INSURANCE AGY INC 02/05/2020 to 02/05/2021 Q972014696
Agent Address and Phone
LAKE SHORE INSURANCE AGY INC Policy begins at 12:01 A.M. standard time on the
735 BETA DR effective date and ends at 12:01 A.M. standard
MAYFIELD VILLAGE OH 44143-2348 time on the expiration date. Standard time is
440-446-1600 determined at the stated address of the named
insured.
The insurance applies to those premises described below. This is subject to all applicable terms of the policy and
attached forms and endorsements.
Premium Summary
Large Premium Discount Applies
Total Annual Policy Premium: $6,250.00
(This is not a bill. Your invoice will follow in a separate mailing.)
Property Protection - As Per Attached Supplemental Declarations

Deductible (Property Protection Only) $1,000
Policy-Level Coverages
Liability Protection Limits of Insurance
Commercial General Liability Limits of Insurance
Each Occurrence Limit $1,000,000
Damage to Premises Rented to You $1,000,000 Any One Premises
Medical Expense limit $5,000 Any One Person
Personal & Advertising Injury Limit $1,000,000 Any One Person or Organization
Gener>ailiAggregate(Li/64/2020 15:25 / COMPLAINT / CV 20 932$040PCon0rmation Nbr. 1993170 / CLMRB
Products/Completed Operations Aggregate Limit $2,000,000
Processed On: 11/25/2019 (See Reverse Side)

Insured Name: valerios inc
Policy Number: Q972014696
Policy Period: 02/05/2020 to 02/05/2021 Page 2 of 6
Optional Coverages Deductible Amount of Insurance

Policy-Level Optional Coverages:
Property and Inland Marine - Optional Coverages:

Terrorism Included
Other Optional Coverages:

Enhancement Endorsement-Restaurants
Processed On: 11/25/2019 CONTINUED ON NEXT PAGE

Supplemental Declarations
Location 11 Building 1
Address: Occupancy/Operations:
12405 MAYFIELD RD Family Style - Italian - Restaurant
CLEVELAND OH 44106-1929 Apartments - Lessor Risk
County: Cuyahoga
Interest of Named Insured In Such Premises: Building Owner
Coverage Deductible Amount of Insurance
Property Protection
1. Buildings - Replacement Cost Property Deductible $590,000
2. Business Personal Property and Personal Property of Others Property Deductible $71,500
Replacement Cost
Theft Exclusion Applies: No
3. Income Protection & Extra Expense Actual Loss Sustained 12 Months
Protective Safeguard Condition: Local Fire Alarm System
Protective Safeguard Condition: Automatic Extinguishing System
Automatic Adjustment of Building Coverage - 2%
Automatic Adjustment of Business Personal Property and Personal Property of Others Coverage - 2%

Building Ordinance or Law Coverage - Increased Coverage & Income Protection
10% of Limit $59,000
Liquor Liability Endorsement $1,000,000 Each Common
Liquor Receipts - $570,717 Cause/
$2,000,000 Aggregate
Sewer and Drain Backup $1,000 $10,000
Schedule of Static Forms

Form Number Edition Date Description
/
UPP 01/10 ULTRAPACK PLUS POLICY
PK0001 01/20 * ULTRAPACK PLUS COMMERCIAL PROPERTY COVERAGE PART
PKAH 01/12 BUILDING ORDINANCE OR LAW - INCREASED COVERAGE AND INCOME
PROTECTION COVERAGE
PKAX 01/10 PRODUCTION OR PROCESS MACHINERY - DEDUCTIBLE
PKAY 12/14 SEWER AND DRAIN BACK-UP COVERAGE
PKJK 09/18 RESTAURANTS ENHANCEMENT ENDORSEMENT
PKRF 11/10 OHIO AMENDATORY ENDORSEMENT
CL0209 11/10 IMPORTANT NOTICE - LEAD LIABILITY EXCLUSION
CL0212 11/10 * IMPORTANT NOTICE - POLICY SERVICE FEES
CL0217 11/10 * IMPORTANT NOTICE - NO FLOOD COVERAGE
EleCKGCally Filed 05104/2020 15:25 / COMENH'.IE NV 2JF93O64L ^<ElQUia:tMrENITr.[ZI993INI0'/(aNlMRB
PK0003 07/16 ULTRAPACK PLUS EXTRA LIABILITY COVERAGES
CG0001 04/13 COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Schedule of Static Forms - (continued)

CG0033 04/13 LIQUOR LIABILITY COVERAGE FORM

CG0099 11/85 CHANGES IN GENERAL LIABILITY FORMS FOR COMMERCIAL PACKAGE
POLICIES
CG2147 12/07 EMPLOYMENT-RELATED PRACTICES EXCLUSION
CG2167 12/04 FUNGI OR BACTERIA EXCLUSION
UFB213 11/12 * SUBSCRIBER'S AGREEMENT
CG2170 01/15 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM
CG2196 03/05 SILICA OR SILICA-RELATED DUST EXCLUSION
PKGK 11/10 PUNITIVE DAMAGES
CL0396 01/17 IMPORTANT NOTICE - DATA BREACH RESPONSE EXPENSES COVERAGE
CG2106 05/14 EXCL-ACCESS OR DISCLOSURE OF CONFIDENT OR PERS INFO AND
DATA-RELATED LIAB - WITH LIMIT BOD INJ EXCEP
CG2109 06/15 EXCLUSION - UNMANNED AIRCRAFT
IL0017 11/98 COMMON POLICY CONDITIONS
IL0021 09/08 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM)
IL0244 09/07 OHIO CHANGES - CANCELLATION AND NONRENEWAL
IL0952 01/15 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM
IL985F 01/15 DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT
PKMJ 01/10 EXCLUSION - LEAD LIABILITY
PKMD 01/10 EXCLUSION - ASBESTOS
PKMQ 12/14 EXCLUSION - PROFESSIONAL LIABILITY
PKRO 01/10 AMENDMENT OF POLICY - TWO OR MORE COVERAGE PARTS
Processed On: 11/25/2019

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CLAIM SERVICE -- For claim service anywhere in U.S. or Canada, call your Agent or, using the CLAIM SERVICE -- For claim service anywhere in U.S. or Canada, call your Agent or, using the
list below, call the Claim Office nearest your home. list below, call the Claim Office nearest your home.
State Office Call Toll Free State Office Call Toll Free State Office________ Call Toll Free State Office Call Toll Free
DC Silver Spring 1-800-492-2709 PA Allentown/Beth 1-800-322-9026 DC Silver Spring 1-800-492-2709 PA Allentown/Beth 1-800-322-9026
IL Peoria 1-888-335-3743 Erie 1-877-771-3743 IL Peoria________ 1-888-335-3743 Erie 1-877-771-3743
IN Fort Wayne 1-800-892-5655 Home Office (Erie) 1-800-458-0811 IN Fort Wayne 1-800-892-5655 Home Office (Erie) 1-800-458-0811
Indianapolis 1-800-624-1620 Harrisburg 1-800-382-1304 ifj _____ Indianapolis____ 1-800-624-1620 Harrisburg 1-800-382-1304
KY Lexington 1-877-589-3743 Johnstown 1-800-241-4209 KY Lexington______ 1-877-589-3743 Johnstown 1-800-241-4209
MD Silver Spring 1-800-492-2709 Murrysville 1-800-553-3367 MD Silver Spring 1-800-492-2709 Murrysville 1-800-553-3367
Hagerstown 1-800-533-5602 Philadelphia 1-800-821-2902 Hagerstown 1-800-533-5602 Philadelphia 1-800-821-2902
®
NC Charlotte 1-800-473-3882 Pittsburgh 1-800-922-1824 Cp NC Charlotte 1-800-473-3882 ____ Pittsburgh_____ 1-800-922-1824
Raleigh 1-800-533-3982 TN Knoxville 1-888-922-3743 ® Raleigh_______ 1-800-533-3982 TN Knoxville 1-888-922-3743
NY Rochester 1-800-333-0823 VA Richmond 1-800-322-3743 NY Rochester 1-800-333-0823 VA Richmond 1-800-322-3743
OH Canton 1-800-362-6541 Roanoke 1-800-533-3743 OH Canton 1-800-362-6541 Roanoke 1-800-533-3743
Columbus 1-800-282-1702 Waynesboro 1-800-542-2250 Columbus 1-800-282-1702 Waynesboro 1-800-542-2250
Our phones answer 24/7! WI Waukesha 1-877-740-3743 Our phones answer 24/7! WI Waukesha_____ 1-877-740-3743
TorepoEfeCfrmn'iCaily Filed 05/04/2020 il'25 ^COMPLAINT ?CV28’93 '204 /TC OfUftm Nbr. 1993170 / CLMRB WV Parkersburg 1-800-642-1948
•Your Agent •Your Agent
• ERIE Claims Service: 1-800-367-3743 • ERIE Claims Service: 1-800-367-3743
• ERIEGlassSM (Auto glass only): 1-800-552-ERIE • ERIEGlassSM (Auto glass only): 1-800-552-ERIE
• ERIERoad Service: 1-888-295-5060 • ERIERoad Service: 1-888-295-5060
• FRAUD FINDERS® (To report fraud): 1-800-368-6696 C54 4/17 • FRAUD FINDERS® (To report fraud): 1-800-368-6696 C54 4/17
Exhibit B
Erie Insurance Exchange
Erie0 Insurance
4S4 Exchange
Member • Erie Insurance Group
100 Erie Ins. PI. • Erie, PA 16530
Ultrapack Plus Policy Declarations

New Declarations
Mailing Name and Address for Insured: Other Interest:
THE FAIRMOUNT INC
2448 FAIRMOUNT BLVD
CLEVELAND HEIGHTS OH 44106-3131
GG3304
Named Insured’s Full Name:

THE FAIRMOUNT INC.
Agent: Policy Period: Policy Number:

GG3536 BRAD SUSSMAN INSURANCE LTD 03/25/2019 to 03/25/2020 Q972059079
Agent Address and Phone

BRAD SUSSMAN INSURANCE LTD Policy begins at 12:01 A.M. standard time on the
369 CHERRY LN effective date and ends at 12:01 A.M. standard
SEVEN HILLS OH 44131-4203 time on the expiration date. Standard time is
844-200-4800 determined at the stated address of the named
insured.
The insurance applies to those premises described below. This is subject to all applicable terms of the policy and
attached forms and endorsements.
Premium Summary
Pay Plan Discount Applies
Total Annual Policy Premium: $9,417.00
(This is not a bill. Your invoice will follow in a separate mailing.)
Property Protection - As Per Attached Supplemental Declarations

Deductible (Property Protection Only) $5,000
Policy-Level Coverages
Liability Protection Limits of Insurance
Commercial General Liability Limits of Insurance
Each Occurrence Limit $1,000,000
Damage to Premises Rented to You $1,000,000 Any One Premises
Medical Expense limit $5,000 Any One Person
Personal & Advertising Injury Limit $1,000,000 Any One Person or Organization
General Aggregate Limit $2,000,000
ProduortiiCCiivTfflletP0d/04'!20ians5\asreigatMLi!mltNT / cv 20 932$040°Co(n00mation Nbr. 1993170 / clmrb

Insured Name: THE FAIRMOUNT INC.
Optional Coverages Deductible Amount of Insurance

Policy-Level Optional Coverages:

Food Contamination - Business Income and Expense $25,000
Terrorism Included
General Liability - Optional Coverages:
Data Breach Liability $25,000

Employment Practices Liability Insurance-Claims Made
$100,000 Aggregate Limit (Includes Defense Costs)
$5,000 Deductible Per Loss Amount (Includes Defense Costs)
Retroactive Date
Number of Employees: Full-Time 18 Part-Time 10
If no date is shown for the Retroactive Date, we will consider the EPL Retroactive Date to be the date of organization of the
Named Insured. The EPL Retroactive Date will remain the same through all subsequent renewals. No change will be made to
the EPL Retroactive Date unless at the sole request ofthe Insured.
Other Optional Coverages:

Enhancement Endorsement-Restaurants
Processed On: 03/26/2019 CONTINUED ON NEXT PAGE

Supplemental Declarations
Location 11 Building 1
Address: Occupancy/Operations:
2448 FAIRMOUNT BLVD Fine Dining - American Cuisine - Restaurant
CLEVELAND HEIGHTS OH 44106-3131
County: Cuyahoga
Interest of Named Insured In Such Premises: Tenant/Partial
Coverage Deductible Amount of Insurance
Property Protection
1. Buildings NIL
2. Business Personal Property and Personal Property of Others Property Deductible BLANKET
Replacement Cost
Theft Exclusion Applies: No
3. Income Protection & Extra Expense Actual Loss Sustained 12 Months
Blanket Coverage - Contents - All Locations $300,000
Protective Safeguard Condition: Central Station Fire Alarm System
Protective Safeguard Condition: Central Station BurglarAlarm System
Protective Safeguard Condition: Automatic Extinguishing System
Automatic Adjustment of Business Personal Property and Personal Property of Others Coverage - 2%

Electronic Data Processing Endorsement $2,500 $25,000
Income Protection - Full Resumption of Operations 180 days
Income Protection - Off-Premises Utility Properties 24 Hours $50,000
Failure - Increased Coverage
Liquor Liability Endorsement $1,000,000 Each Common
Liquor Receipts - $875,000 Cause/
$2,000,000 Aggregate
Sewer and Drain Backup $1,000 $25,000
Utility Properties - Direct Damage $50,000
Schedule of Static Forms

/ *
UPP 01/10 * ULTRAPACK PLUS POLICY
PK0001 09/18 * ULTRAPACK PLUS COMMERCIAL PROPERTY COVERAGE PART
PKAO 01/10 * ELECTRONIC DATA PROCESSING COVERAGE
PKAX 01/10 * PRODUCTION OR PROCESS MACHINERY - DEDUCTIBLE
PKAY 12/14 * SEWER AND DRAIN BACK-UP COVERAGE
PKBB 07/16 * UTILITY PROPERTIES - DIRECT DAMAGE
PKFG 12/14 * FOOD CONTAMINATION - BUSINESS INCOME AND EXPENSE COVERAGE
EieCtKdiKcally Filed 0090482020 15:25 / CRM8TAtlUR/ANr20E)N22AN/:COnGMTtiENIDO.RSEMIEN/lCLMRB
PKRF 11/10 * OHIO AMENDATORY ENDORSEMENT
CL0209 11/10 * IMPORTANT NOTICE - LEAD LIABILITY EXCLUSION
Schedule of Static Forms - (continued)

CL0212 11/10 * IMPORTANT NOTICE - POLICY SERVICE FEES

CL0217 11/10 * IMPORTANT NOTICE - NO FLOOD COVERAGE
PKGP 01/10 * AMENDMENT OF MOBILE EQUIPMENT DEFINITION
PKRW 02/17 * OHIO - CANCELLATION CONDITION
PK0003 07/16 * ULTRAPACK PLUS EXTRA LIABILITY COVERAGES
CG0001 04/13 * COMMERCIAL GENERAL LIABILITY COVERAGE FORM
CG0033 04/13 * LIQUOR LIABILITY COVERAGE FORM
CG0099 11/85 * CHANGES IN GENERAL LIABILITY FORMS FOR COMMERCIAL PACKAGE
POLICIES
CG2147 12/07 * EMPLOYMENT-RELATED PRACTICES EXCLUSION
CG2167 12/04 * FUNGI OR BACTERIA EXCLUSION
UFB213 11/12 * SUBSCRIBER'S AGREEMENT
CG2170 01/15 * CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM
CG2196 03/05 * SILICA OR SILICA-RELATED DUST EXCLUSION
PKFB 12/14 * INCOME PROTECTION - FULL RESUMPTION OF OPERATIONS - INCREASED
TIME PERIOD
PKFC 07/16 * INCOME PROTECTION - OFF-PREMISES UTILITY PROPERTIES FAILURE -
INCREASED COVERAGE
PKGK 11/10 * PUNITIVE DAMAGES
PKWB 07/14 * DATA BREACH LIABILITY COVERAGE
CL0396 01/17 * IMPORTANT NOTICE - DATA BREACH RESPONSE EXPENSES COVERAGE
CG2106 05/14 * EXCL-ACCESS OR DISCLOSURE OF CONFIDENT OR PERS INFO AND
DATA-RELATED LIAB - WITH LIMIT BOD INJ EXCEP
UF0168 02/11 * EPLI POLICYHOLDER LETTER
UF0169 02/11 * LEGAL ADVICE LINE
PKQA 12/15 * EMPLOYMENT PRACTICES LIABILITY INSURANCE COVERAGE
ENDORSEMENT
PKQAOH 12/15 * OHIO CHANGES TO EMPLOYMENT PRACTICES LIABILITY INSURANCE
COVERAGE ENDORSEMENT
CG2109 06/15 * EXCLUSION - UNMANNED AIRCRAFT
IL0017 11/98 * COMMON POLICY CONDITIONS
IL0021 09/08 * NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM)
IL0244 09/07 * OHIO CHANGES - CANCELLATION AND NONRENEWAL
IL0952 01/15 * CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM
IL985F 01/15 * DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT
PKMJ 01/10 * EXCLUSION - LEAD LIABILITY
PKMD 01/10 * EXCLUSION - ASBESTOS
PKMQ 12/14 * EXCLUSION - PROFESSIONAL LIABILITY
PKRO 01/10 * AMENDMENT OF POLICY - TWO OR MORE COVERAGE PARTS
Processed On: 03/26/2019

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CLAIM SERVICE - For claim service anywhere in U.S. or Canada, call your Agent or, using the CLAIM SERVICE - For claim service anywhere in U.S. or Canada, call your Agent or, using the
list below, call the Claim Office nearest your home. list below, call the Claim Office nearest your home.
State Office Call Toll Free State Office Call Toll Free State Office Call Toll Free State Office Call Toll Free
DC Silver Spring 1-800-492-2709 PA Allentown/Beth 1-800-322-9026 DC Silver Spring 1-800-492-2709 PA Allentown/Beth 1-800-322-9026
IL Peoria 1-888-335-3743 Erie 1 -877-771 -3743 IL Peoria 1-888-335-3743 Erie 1-877-771-3743
IN Fort Wayne 1-800-892-5655 Home Office (Erie) 1 -800-458-0811 IN Fort Wayne 1-800-892-5655 Home Office (Erie) 1-800-458-0811
Indianapolis 1-800-624-1620 Harrisburg 1-800-382-1304 ifj _____ Indianapolis 1-800-624-1620 Harrisburg 1-800-382-1304
KY Lexington 1-877-589-3743 Johnstown 1 -800-241 -4209 KY Lexington 1-877-589-3743 Johnstown 1-800-241-4209
MD Silver Spring 1-800-492-2709 Murrysville 1-800-553-3367 MD Silver Spring 1-800-492-2709 Murrysville 1-800-553-3367
Hagerstown 1-800-533-5602 Philadelphia 1-800-821-2902 Hagerstown 1-800-533-5602 Philadelphia 1-800-821-2902
®
NC Charlotte 1-800-473-3882 Pittsburgh 1-800-922-1824 Cp NC Charlotte 1-800-473-3882 _____ Pittsburgh_____ 1-800-922-1824
Raleigh 1-800-533-3982 TN Knoxville 1-888-922-3743 ® Raleigh 1-800-533-3982 TN Knoxville 1-888-922-3743
NY Rochester 1-800-333-0823 VA Richmond 1-800-322-3743 NY Rochester 1-800-333-0823 VA Richmond 1-800-322-3743
OH Canton 1-800-362-6541 Roanoke 1 -800-533-3743 OH Canton 1-800-362-6541 Roanoke 1 -800-533-3743
Columbus 1-800-282-1702 Waynesboro 1-800-542-2250 Columbus 1-800-282-1702 Waynesboro 1-800-542-2250
Our phones answer 24/7! WI Waukesha 1-877-740-3743 Our phones answer 24/7! WI Waukesha_____ 1-877-740-3743
To rep oEfeCfiJ5'nfCliily 0 WV25 PWPLaint /C0F6O22 104 /TC fflPOfMatflifl’ Nbr. 1993170 / CLMRB WV Parkersburg 1-800-642-1948
Filed 05/04/202
•Your Agent •Your Agent
• ERIE Claims Service: 1-800-367-3743 • ERIE Claims Service: 1-800-367-3743
• ERIEGlassSM (Auto glass only): 1-800-552-ERIE • ERIEGlassSM (Auto glass only): 1-800-552-ERIE
• ERIERoad Service: 1-888-295-5060 • ERIERoad Service: 1-888-295-5060
• FRAUD FINDERS® (To report fraud): 1-800-368-6696 C54 4/17 • FRAUD FINDERS® (To report fraud): 1-800-368-6696 C54 4/17
Exhibit C
Ohio Department
of Health
Mike DeWine, Governor Amy Acton, M.D., MPH, Director
Jon Husted, Lt. Governor
DIRECTOR’S ORDER
In Re: Order Limiting the Sale of Food and Beverages, Liquor, Beer and Wine to Carry-out and
Delivery Only
I, Amy Acton, MD, MPH, Director of the Ohio Department of Health (ODH), pursuant to the authority
granted to me in R.C. 3701,13 to “make special orders...for preventing the spread of contagious or
infectious diseases” Order the following to prevent the spread of COVID-19 within the State of Ohio:
1. Liquor, beer and wine sales in the State of Ohio are restricted to cany-out sales and delivery only,
to the extent permitted by law. No onsite consumption is permitted.
2. Food and beverage sales are restricted to carry-out and delivery only, no onsite consumption is
permitted.
CV 20 932204 /Confirmation Nbr.1993170 /CLMRB

3. This Order does not apply to and/or exempts food service in health care facilities and catering
weddings or funerals.
4. Lines for carry-out in these establishments must have an environment where patrons and
maintain social distancing (six feet away from other people) whenever possible.
5. Everyone is urged to continue to wash hands, utilize hand sanitizer and practice proper
etiquette (coughing into elbow, etc.).
6. The immediate implementation of this Order is necessary as patrons of bars and res
continue to gather in large numbers, in close proximity to each other, in enclosed spaces,
endangering the health of the staff as well as the patrons.
7. The overriding goal of this Order is to minimize the in-person interaction which is the primary
/d 05/04/2020 15:25 /COMPLAINT

means of transmission. Restaurants and bars increase and encourage talking, touching and other
social interaction in an environment with a multitude of hard surfaces.
8. This Order shall take effect at 9:00 p.m. tonight, March 15, 2020. This Order will be continuously
evaluated and may be modified or extended by the Director of the Ohio Department of Health at
any time.
9. To the extent any public official enforcing this order has questions regarding the sale of food,
liquor, beer or wine under this Order, the Director of Health hereby delegates to local health
departments the authority to answer questions in writing and consistent with this Order.
ronicallyFile
246 North High Street 6141466-3543

ect
Columbus, Ohio 43215 U.S.A. www.odh.ohio.gov

El
The State of Ohio is an Equal Opportunity Employer and Provider of ADA Services.
COVID-19 is a respiratory disease that can result in serious illness or death, is caused by the SARS-CoV-
2 virus, which is a new strain of coronavirus that had not been previously identified in humans and can
easily spread from person to person. The virus is spread between individuals who are in close contact
with each other (within about six feet) through respiratory droplets produced when an infected person
coughs or sneezes. It may be possible that individuals can get COVID-19 by touching a surface or object
that has the virus on it and then touching their own mouth, nose or eyes.
On January 23, 2020, the Ohio Department of Health issued a Director’s Journal Entry making COVID-
19 a Class A reportable disease in Ohio.
On January 28, 2020, the Ohio Department of Health hosted the first statewide call with local health
departments and healthcare providers regarding COVID-19.
On January 30, 2020, the International Health Regulations Emergency Committee of the World Health
Organization declared the outbreak of COVID-19 a public health emergency of international concern.
On January 31, 2020, Health and Human Services Secretary, Alex M. Azar II, declared a public health
emergency for the United States to aid the nation’s healthcare community in responding to COVID-19. m
CL
On February 1, 2020, the Ohio Department of Health issued a statewide Health Alert Network to provided
local health departments and healthcare providers with updated guidance for COVID-19 and revisedo
Person Under Investigation (PUI) criteria. g>
On February 3, 2020, the Ohio Department of Health trained over 140 personnel to staff a call center fori
COVID-19, in the event it was needed. c
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On February 5, 2020, the Ohio Department of Health began updating and notifying the media of thcl
number of PUIs in Ohio every Tuesday and Thursday. °
On February 6, 2020, the Ohio Department of Health updated all agency assistant directors and chiefs oK
staff on COVID-19 preparedness and status during the Governor’s cabinet meeting. g
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On February 7, 2020, the Ohio Department of Health and the Ohio Emergency Management Agency melo
to conduct advance planning for COVID-19. h
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On February 13, 2020, the Ohio Department of Health conducted a Pandemic Tabletop Exercise with^
State agencies to review responsive actions should there be a pandemic in Ohio. o
. . 10
On February 14, 2020, the Ohio Department of Health held a conference call with health professional^
across the state. The purpose of the call was to inform and engage the healthcare community in Ohio^
Presentations were provided by the Department of Health, Hamilton County Public Health, and the Ohicg
State University. |
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On February 27, 2020, the Ohio Department of Health and the Ohio Emergency Management Agency^
briefed the directors of State agencies during the Governor’s cabinet meeting regarding preparedness andf;
the potential activation of the Emergency Operations Center. g
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On February 28, 2020, the "Governor DeWine, Health Director Update COVID-19 Prevention and
Preparedness Plan" was sent to a broad range of associations representing healthcare, dental, long-term
care, K-12 schools, colleges and universities, business, public transit, faith-based organizations, non-profit
organizations, and local governments.
On March 2, 2020, the Ohio Department of Health activated a Joint Information Center to coordinate
COVID-19 communications.
On March 5, 2020, the Ohio Department of Health hosted the Governor’s Summit on COVID-19
Preparedness, a meeting with the Governor, cabinet agency directors, local health department
commissioners, and their staff.
On March 6, 2020, the Ohio Department of Health opened a call center to answer questions from the
public regarding COVID-19.
On March 9, 2020, testing by the Department of Health confirmed that three (3) patients were positive for
COVID-19 in the State of Ohio. This confirms the presence of a potentially dangerous condition whicfin
may affect the health, safety and welfare of citizens of Ohio. s
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On March 9, 2020, the Ohio Emergency Management Agency activated the Emergency Operations^
Center. CO
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On March 9, 2020, the Governor declared a State of Emergency in Executive Order 2020-0 ID. _Q
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On March 11, 2020, the head of the World Health Organization declared COVID-19 a pandemic. 4—•
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On March 11, 2020, testing by the Ohio Department of Health confirmed that one (1) more patient was°
positive for COVID-19 in the State of Ohio. ”3-
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On March 11,2020, the Ohio Departments of Health and Veterans Services issued a Joint Directors’ OrdciS
to limit access to Ohio nursing homes and similar facilities. °
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On March 12, 2020, the Ohio Department of Health issued a Director’s Order to prohibit mass gathering^
in the State of Ohio. <
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On March 12, 2020, testing by the Ohio Department of Health confirmed that one (1) more patient waP
positive for COVID-19 in the State of Ohio.
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On March 13, 2020, the Ohio Department of Health issued an amended Director’s Order to Limit Access^
to Ohio’s Nursing Homes and Similar Facilities. °
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On March 14, 2020, the Ohio Department of Health issued an amended Director’s Order to require healths
screening for admission to state operated psychiatric hospitals and Ohio Department of Youth Services!
facilities.
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On March 14, 2020, the Ohio Department of Health issued a Director’s Order to close all K-12 schools in
the State of Ohio.
Multiple areas of the United States are experiencing “community spread” of the virus that causes COVID-
19. Community spread, defined as the transmission of an illness for which the source is unknown, means
that isolation of known areas of infection is no longer enough to control spread.
Previously studied human coronaviruses (including SARS, which is very closely related to COVID-19)
can survive on paper, wood, glass, plastic for up to 4-5 days. Persistence of coronaviruses on inanimate
surfaces and their inactivation with biocidal agents, The Journal of Hospital Infection, March 2020,
Volume 104, Issue 3, Pages 246-251.
Michael Osterholm, PhD, MPH, director of the Center for Infectious Disease Research and Policy at the
University of Minnesota, said that research findings confirm that COVID-19 is spread simply through
breathing, even without coughing, http://www.cidrap.umn.edu/news-perspective/2020/03/study-
highlights-ease-spread-covid-19-viruses.
The CDC reports that people are most contagious when they are most symptomatic (the sickest) howevcim
some spread might be possible before people show symptoms although that is not the main way the virus?
spreads. o
o
h-
Accordingly, to avoid an imminent threat with a high probability of widespread exposure to COVID-19R
with a significant risk of substantial harm to a large number of people in the general population, including
the elderly and people with weakened immune systems and chronic medical conditions, I hereby ORDERS
liquor, beer and wine sales in the State of Ohio are restricted to cany-out sales and delivery only, to thcg
extent permitted by law. No onsite consumption is permitted. Food and beverage sales are restricted tds
cany-out and delivery only, no onsite consumption is permitted. This Order does not apply to and/or^
exempts food service in health care facilities and catering at weddings or funerals. Lines for cany-out irg
these establishments must have an environment where patrons and staff maintain social distancing (sixj
feet away from other people) whenever possible. Everyone is urged to continue to wash hands, utilized
hand sanitizer and practice proper respiratory etiquette (coughing into elbow, etc.). The immediate^
implementation of this Order is necessary as patrons of bars and restaurants continue to gather in larged
numbers, in close proximity to each other, in enclosed spaces, thereby endangering the health of the staff?
as well as the patrons. The overriding goal of this Order is to minimize the in-person interaction which is-
the primary means of transmission. Restaurants and bars increase and encourage talking, touching and|
other social interaction in an environment with a multitude of hard surfaces. This Order shall take effect
at 9:00 p.m. tonight, March 15, 2020. This Order will be continuously evaluated and may be modified org
extended by the Director of the Ohio Department of Health at any time. To the extent any public official
enforcing this order has questions regarding the sale of food, liquor, beer or wine under this Order, th<£-
Director of Health hereby delegates to local health departments the authority to answerquestions ir£
CM
consistent with this Order. O
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March 15, 2020
LL
y Acjton, MD, MPH
Directorlof Health o
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Exhibit D
Ohio Department
of Health
Mike DeWine, Governor Amy Acton, M.D., MPH, Director
Jon Husted, Lt. Governor
DIRECTOR’S STAY AT HOME ORDER
Re: Director’s Order that All Persons Stay at Home Unless Engaged in Essential Work or
Activity
I, Amy Acton, MD, MPH, Director of the Ohio Department of Health (ODH), pursuant to the authority
granted to me in R.C. 3701.13 to “make special orders...for preventing the spread of contagious or
infectious diseases” Order the following to prevent the spread of COVID-19 into the State of Ohio:
1. Stay at home or place of residence. With exceptions as outlined below, all individuals currently
living within the State of Ohio are ordered to stay at home or at their place of residence except as
allowed in this Order. To the extent individuals are using shared or outdoor spaces when outside
their residence, they must at all times and as much as reasonably possible, maintain social
distancing of at least six feet from any other person, with the exception of family or household
members, consistent with the Social Distancing Requirements set forth in this Order. All persons
may leave their homes or place of residence only for Essential Activities, Essential Governmental
Functions, or to participate in Essential Businesses and Operations, all as defined below.
Individuals experiencing homelessness are exempt from this Order, but are strongly urged to
obtain shelter, and governmental and other entities are strongly urged to make such shelter-
available as soon as possible and to the maximum extent practicable (and to use in their operation
COVID-19 risk mitigation practices recommended by the U.S. Centers for Disease Control and
Prevention (CDC) and the Ohio Department of Health (ODH)). This order does not apply to
incarcerated individuals, they are to follow the guidance of the facility in which they are confined.
Individuals whose residences are unsafe or become unsafe, such as victims of domestic violence,
are permitted and urged to leave their home and stay at a safe alternative location. For purposes of
this Order, homes or residences include hotels, motels, shared rental units, shelters, and similar
facilities.
2. Non-essential business and operations must cease. All businesses and operations in the State,
except Essential Businesses and Operations as defined below, are required to cease all activities
within the State except Minimum Basic Operations, as defined below. For clarity, businesses,
including home-based businesses, may also continue operations consisting exclusively of
employees or contractors performing activities at their own residences (i.e., working from home).
All Essential Businesses and Operations are encouraged to remain open. Essential Businesses and
Operations shall comply with Social Distancing Requirements as defined in this Order, including
by maintaining six-foot social distancing for both employees and members of the public at all
times, including, but not limited to, when any customers are standing in line.
3. Prohibited activities. All public and private gatherings of any number of people occurring outside
a single household or living unit are prohibited, except for the limited purposes permitted by this
Order. Any gathering of more than ten people is prohibited unless exempted by this Order. This is
in accordance with President Trump’s coronavirus guidelines issued March 16, 2020. Nothing in
this Order prohibits the gathering of members of a household or residence.
All places of public amusement, whether indoors or outdoors, including, but not limited to,
locations with amusement rides, carnivals, amusement parks, water parks, aquariums, zoos,
museums, arcades, fairs, children's play centers, playgrounds, funplexes, theme parks, bowling
alleys, movie and other theaters, concert and music halls, and country clubs or social clubs shall
be closed.
4. Prohibited and permitted travel. Only Essential Travel and Essential Activities as defined
herein, are permitted. People riding on public transit must comply with Social Distancing
Requirements to the greatest extent feasible. This Order allows travel into or out of the State to
maintain Essential Businesses and Operations and Minimum Basic Operations.
5. Leaving the home for Essential Activities is permitted. For purposes of this Order, individuals
may leave their residence only to perform any of the following Essential Activities:
a. For health and safety. To engage in activities or perform tasks essential to their health and
safety, or to the health and safety of their family or household members or persons who are
unable or should not leave their home (including, but not limited to, pets), such as, by way of
example only and without limitation, seeking emergency services, obtaining medical supplies
or medication, or visiting a health care professional.
b. For necessary supplies and services. To obtain necessary services or supplies for themselves
and their family or household members or persons who are unable or should not leave their
home, or to deliver those services or supplies to others, such as, by way of example only and
without limitation, groceries and food, household consumer products, supplies they need to
work from home, automobile supplies (including dealers, parts, supplies, repair and
maintenance), and products necessary to maintain the safety, sanitation, and essential operation
of residences.
c. For outdoor activity. To engage in outdoor activity, provided the individuals comply with
Social Distancing Requirements, as defined below, such as, by way of example and without
limitation, walking, hiking, running, or biking. Individuals may go to public parks and open
outdoor recreation areas. However, public access playgrounds may increase spread of COVID-
19, and therefore shall be closed.
d. For certain types of work To perform work providing essential products and services at
Essential Businesses or Operations (which, as defined below, includes Healthcare and Public
Health Operations, Human Services Operations, Essential Governmental Functions, and
Essential Infrastructure) or to otherwise cany out activities specifically permitted in this Order,
including Minimum Basic Operations.
e. To take care of others. To care for a family member, friend, or pet in another household, and
to transport family members, friends, or pets as allowed by this Order. This includes attending
weddings and funerals.
6. Elderly people and those who are vulnerable as a result of illness should take additional
precautions. People at high risk of severe illness from COVID-19, including elderly people and
those who are sick, are urged to stay in their residence to the extent possible except as necessary
Electronically Filed 05/04/2020 15:25 / COMPLAINT / CVl201932a04 1 Confirmation Nbr. 1993170 / CLMRB
to seek medical care. Nothing in this Order prevents the Department Health or local health
departments from issuing and enforcing isolation and quarantine orders.
7. Healthcare and Public Health Operations. For purposes of this Order, individuals may leave
their residence to work for or obtain services through Healthcare and Public Health Operations.
Healthcare and Public Health Operations includes, but is not limited to: hospitals; clinics; dental
offices; pharmacies; public health entities, including those that compile, model, analyze and
communicate public health information; pharmaceutical, pharmacy, medical device and
equipment, and biotechnology companies (including operations, research and development,
manufacture, and supply chain); organizations collecting blood, platelets, plasma, and other-
necessary materials; licensed medical marijuana dispensaries and licensed medical marijuana
cultivation centers; obstetricians and gynecologists; eye care centers, including those that sell
glasses and contact lenses; home healthcare services providers; mental health and substance use
providers; other healthcare facilities and suppliers and providers of any related and/or ancillary
healthcare services; and entities that transport and dispose of medical materials and remains.
Specifically included in Healthcare and Public Health Operations are manufacturers, technicians,
logistics, and warehouse operators and distributors of medical equipment, personal protective
equipment (PPE), medical gases, pharmaceuticals, blood and blood products, vaccines, testing
materials, laboratory supplies, cleaning, sanitizing, disinfecting or sterilization supplies, and tissue
and paper towel products.
Healthcare and Public Health Operations also includes veterinary care and all healthcare services
provided to animals.
Healthcare and Public Health Operations shall be construed broadly to avoid any impacts to the
delivery of healthcare, broadly defined. Healthcare and Public Health Operations does not include
fitness and exercise gyms, spas, salons, barber shops, tattoo parlors, and similar facilities.
8. Human Services Operations. For purposes of this Order, individuals may leave their residence
to work for or obtain services at any Human Services Operations, including any provider funded
by the Ohio Department of Aging, Department of Developmental Disabilities, Department of
Health, Department of Job and Family Services, Department of Medicaid, Department of Mental
Health and Addiction Services, Opportunities for Ohioans with Disabilities, Department of
Veterans Services, and Department of Youth Services that is providing services to the public and
including state-operated, institutional, or community-based settings providing human services to
the public.
Human Services Operations includes, but is not limited to: long-term care facilities; day care
centers, day care homes, group day care homes; residential settings and shelters for adults, seniors,
children, and/or people with developmental disabilities, intellectual disabilities, substance use
disorders, and/or mental illness; transitional facilities; home-based settings to provide services to
individuals with physical, intellectual, and/or developmental disabilities, seniors, adults, and
children; field offices that provide and help to determine eligibility for basic needs including food,
cash assistance, medical coverage, child care, vocational services, rehabilitation services;
developmental centers; adoption agencies; businesses that provide food, shelter, and social
Electronically Filed 05/04/2020 15:25 / COMPLAINT / 07120^3320# 1 Confirmation Nbr. 1993170 / CLMRB
services, and other necessities of life for economically disadvantaged individuals, individuals with
physical, intellectual, and/or developmental disabilities, or otherwise needy individuals.
Human Services Operations shall be construed broadly to avoid any impacts to the delivery of
human services, broadly defined.
9. Essential Infrastructure. For purposes of this, individuals may leave their residence to provide
any services or perform any work necessary to offer, provision, operate, maintain and repair
Essential Infrastructure.
Essential Infrastructure includes, but is not limited to: food production, distribution, fulfillment
centers, storage facilities, marinas, and sale; construction (including, but not limited to,
construction required in response to this public health emergency, hospital construction,
construction of long-term care facilities, public works construction, school construction, essential
business construction, and housing construction); building management and maintenance; airport
operations; operation and maintenance of utilities, including water, sewer, and gas; electrical
(including power generation, distribution, and production of raw materials); distribution centers;
oil and biofuel refining; roads, highways, railroads, and public transportation; ports; cybersecurity
operations; flood control; solid waste and recycling collection and removal; and internet, video,
and telecommunications systems (including the provision of essential global, national, and local
infrastructure for computing services, business infrastructure, communications, and web-based
services).
Essential Infrastructure shall be construed broadly to avoid any impacts to essential infrastructure,
broadly defined.
10. Essential Governmental Functions. For purposes of this Order, all first responders, emergency
management personnel, emergency dispatchers, legislators, judges, court personnel, jurors and
grand jurors, law enforcement and con-ections personnel, hazardous materials responders, child
protection and child welfare personnel, housing and shelter personnel, military, and other
governmental employees working for or to support Essential Businesses and Operations are
categorically exempt from this Order.
Essential Government Functions means all services provided by the State or any municipality,
township, county, political subdivision, board, commission or agency of government and needed
to ensure the continuing operation of the government agencies or to provide for or support the
health, safety and welfare of the public, and including contractors performing Essential
Government Functions. Each government body shall determine its Essential Governmental
Functions and identify employees and/or contractors necessary to the performance of those
functions.
This Order does not apply to the United States government. Nothing in this Order shall prohibit
any individual from performing or accessing Essential Governmental Functions.
11. Businesses covered by this Order. For the purposes of this Order, covered businesses include
any for-profit, non-profit, or educational entities, regardless of the nature of the service, the
function it performs, or its corporate or entity structure.
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12. Essential Businesses and Operations. For the purposes of this Order, Essential Businesses and
Operations means Healthcare and Public Health Operations, Human Services Operations,
Essential Governmental Functions, and Essential Infrastructure, and the following:
a. CISA List. On March 19, 2020, the U.S. Department of Homeland Security, Cybersecurity &
Infrastructure Security Agency (CISA), issued a Memorandum on Identification of Essential
Critical Infrastructure Workers During COVID-19 Response. The definition of Essential
Businesses and Operations in this Order includes all the workers identified in that
Memorandum.
b. Stores that sell groceries and medicine. Grocery stores, pharmacies, certified farmers'
markets, farm and produce stands, supermarkets, convenience stores, and other establishments
engaged in the retail sale of groceries, canned food, dry goods, frozen foods, fresh fruits and
vegetables, pet supplies, fresh meats, fish, and poultry, prepared food, alcoholic and non
alcoholic beverages, any other household consumer products (such as cleaning and personal
care products), and specifically includes their supply chain and administrative support
operations. This includes stores that sell groceries, medicine, including medication not
requiring a medical prescription, and also that sell other non-grocery products, and products
necessary to maintaining the safety, sanitation, and essential operation of residences and
Essential Businesses and Operations;
c. Food, beverage, and licensed marijuana production and agriculture. Food and beverage
manufacturing, production, processing, and cultivation, including farming, livestock, fishing,
baking, and other production agriculture, including cultivation, marketing, production, and
distribution of animals and goods for consumption; licensed medical marijuana use, medical
marijuana dispensaries and licensed medical marijuana cultivation centers; and businesses that
provide food, shelter, and other necessities of life for animals, including animal shelters,
rescues, shelters, kennels, and adoption facilities;
d. Organizations that provide charitable and social services. Businesses and religious and
secular nonprofit organizations, including food banks, when providing food, shelter, and social
services, and other necessities of life for economically disadvantaged or otherwise needy
individuals, individuals who need assistance as a result of this emergency, and people with
disabilities;
e. Religious entities. Religious facilities, entities and groups and religious gatherings, including
weddings and funerals.
f. Media. Newspapers, television, radio, and other media services;
g. First amendment protected speech.
h. Gas stations and businesses needed for transportation. Gas stations and auto supply, auto
repair, farm equipment, construction equipment, boat repair, and related facilities and bicycle
shops and related facilities;
i. Financial and insurance institutions. Bank, currency exchanges, consumer lenders,

including but not limited, to pawnbrokers, consumer installment lenders and sales finance
lenders, credit unions, appraisers, title companies, financial markets, trading and futures
Electronically Filed 05/04/2020 15:25 / COMPLAINT / CV 201935204 1 Confirmation Nbr. 1993170 / CLMRB
exchanges, payday lenders, affiliates of financial institutions, entities that issue bonds, related
financial institutions, and institutions selling financial products. Also insurance companies,
underwriters, agents, brokers, and related insurance claims and agency services;
j. Hardware and supply stores. Hardware stores and businesses that sell electrical, plumbing,
and heating material;
k. Critical trades. Building and Construction Tradesmen and Tradeswomen, and other trades
including but not limited to plumbers, electricians, exterminators, cleaning and janitorial staff
for commercial and governmental properties, security staff, operating engineers, HVAC,
painting, moving and relocation services, and other service providers who provide services that
are necessaiy to maintaining the safety, sanitation, and essential operation of residences,
Essential Activities, and Essential Businesses and Operations;
l. Mail, post, shipping, logistics, delivery, and pick-up services. Post offices and other
businesses that provide shipping and delivery services, and businesses that ship or deliver
groceries, food, alcoholic and non-alcoholic beverages, goods, vehicles or services to end users
or through commercial channels;
m. Educational institutions. Educational institutions-including public and private pre-K-12

schools, colleges, and universities-for purposes of facilitating distance learning, performing
critical research, or performing essential functions, provided that social distancing of six-feet
per person is maintained to the greatest extent possible. This Order is consistent with and does
not amend or supersede prior Orders regarding the closure of schools;
n. Laundry services. Laundromats, dry cleaners, industrial laundry services, and laundry service
providers;
o. Restaurants for consumption off-premises. Restaurants and other facilities that prepare and
serve food, but only for consumption off-premises, through such means as in-house delivery,
third-party delivery, drive-through, curbside pick-up, and cany-out. Schools and other entities
that typically provide food services to students or members of the public may continue to do
so under this Order on the condition that the food is provided to students or members of the
public on a pick-up and takeaway basis only. Schools and other entities that provide food
services under this exemption shall not permit the food to be eaten at the site where it is
provided, or at any other gathering site due to the virus's propensity to physically impact
surfaces and personal property. This Order is consistent with and does not amend or supersede
prior Orders regarding the closure of restaurants;
p. Supplies to work from home. Businesses that sell, manufacture, or supply products needed
for people to work from home;
q. Supplies for Essential Businesses and Operations. Businesses that sell, manufacture, or
supply other Essential Businesses and Operations with the support or materials necessaiy to
operate, including computers, audio and video electronics, household appliances; IT and
telecommunication equipment; hardware, paint, flat glass; electrical, plumbing and heating
material; sanitaiy equipment; personal hygiene products; food, food additives, ingredients and
components; medical and orthopedic equipment; optics and photography equipment;
diagnostics, food and beverages, chemicals, soaps and detergent; and firearm and ammunition
suppliers and retailers for purposes of safety and security;
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r. Transportation. Airlines, taxis, transportation network providers (such as Uber and Lyft),
vehicle rental services, paratransit, marinas, docks, boat storage, and other private, public, and
commercial transportation and logistics providers necessary for Essential Activities and other
purposes expressly authorized in this Order;
s. Home-based care and services. Home-based care for adults, seniors, children, and/or people
with developmental disabilities, intellectual disabilities, substance use disorders, and/or mental
illness, including caregivers such as nannies who may travel to the child's home to provide
care, and other in-home services including meal delivery;
t. Residential facilities and shelters. Residential facilities and shelters for adults, seniors,
children, pets, and/or people with developmental disabilities, intellectual disabilities, substance
use disorders, and/or mental illness;
u. Professional services. Professional services, such as legal services, accounting services,

insurance services, real estate services (including appraisal and title services);
v. Manufacture, distribution, and supply chain for critical products and industries.
Manufacturing companies, distributors, and supply chain companies producing and supplying
essential products and services in and for industries such as pharmaceutical, technology,
biotechnology, healthcare, chemicals and sanitization, waste pickup and disposal, agriculture,
food and beverage, transportation, energy, steel and steel products, petroleum and fuel, mining,
construction, national defense, communications, as well as products used by other Essential
Businesses and Operations.
w. Critical labor union functions. Labor Union essential activities including the administration
of health and welfare funds and personnel checking on the well-being and safety of members
providing services in Essential Businesses and Operations - provided that these checks should
be done by telephone or remotely where possible.
x. Hotels and motels. Hotels and motels, to the extent used for lodging and delivery or cany-out
food services.
y. Funeral services. Funeral, mortuary, cremation, burial, cemetery, and related services.
13. Minimum Basic Operations. For the purposes of this Order, Minimum Basic Operations include
the following, provided that employees comply with Social Distancing Requirements, to the extent
possible, while carrying out such operations:
a. The minimum necessary activities to maintain the value of the business's inventory, preserve
the condition of the business's physical plant and equipment, ensure security, process payroll
and employee benefits, or for related functions.
b. The minimum necessary activities to facilitate employees of the business being able to continue
to work remotely from their residences.
14. Essential Travel. For the purposes of this Order, Essential Travel includes travel for any of the
following purposes. Individuals engaged in any Essential Travel must comply with all Social
Distancing Requirements as defined in this Section.
a. Any travel related to the provision of or access to Essential Activities, Essential Governmental
Functions, Essential Businesses and Operations, or Minimum Basic Operations.
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b. Travel to care for elderly, minors, dependents, persons with disabilities, or other vulnerable
persons.
c. Travel to or from educational institutions for purposes of receiving materials for distance
learning, for receiving meals, and any other related services.
d. Travel to return to a place of residence from outside the jurisdiction.
e. Travel required by law enforcement or court order, including to transport children pursuant to
a custody agreement.
f. Travel required for non-residents to return to their place of residence outside the State.
Individuals are strongly encouraged to verify that their transportation out of the State remains
available and functional prior to commencing such travel.
15. Social Distancing Requirements. For purposes of this Order, Social Distancing Requirements
includes maintaining at least six-foot social distancing from other individuals, washing hands with
soap and water for at least twenty seconds as frequently as possible or using hand sanitizer,
covering coughs or sneezes (into the sleeve or elbow, not hands), regularly cleaning high-touch
surfaces, and not shaking hands.
a. Required measures. Essential Businesses and Operations and businesses engaged in

Minimum Basic Operations must take proactive measures to ensure compliance with Social
Distancing Requirements, including where possible:
i. Designate six-foot distances. Designating with signage, tape, or by other means six-
foot spacing for employees and customers in line to maintain appropriate distance;
ii. Hand sanitizer and sanitizing products. Having hand sanitizer and sanitizing
products readily available for employees and customers;
iii. Separate operating hours for vulnerable populations. Implementing separate

operating hours for elderly and vulnerable customers; and
iv. Online and remote access. Posting online whether a facility is open and how best to
reach the facility and continue services by phone or remotely.
16. Intent of this Order. The intent of this Order is to ensure that the maximum number of people
self-isolate in their places of residence to the maximum extent feasible, while enabling essential
services to continue, to slow the spread of COVID-19 to the greatest extent possible. When people
need to leave their places of residence, whether to perform Essential Activities, or to otherwise
facilitate authorized activities necessary for continuity of social and commercial life, they should
at all times and as much as reasonably possible comply with Social Distancing Requirements. All
provisions of this Order should be interpreted to effectuate this intent.
17. Enforcement. This Order may be enforced by State and local law enforcement to the extent set
forth in Ohio law. To the extent any public official enforcing this Order has questions regarding
what services are prohibited under this Order, the Director of Health hereby delegates to local
health departments the authority to answer questions in writing and consistent with this Order.
18. COVID-19 Information and Checklist for Businesses/Employers. Business and employers are
to take the following actions:
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a. Allow as many employees as possible to work from home by implementing policies in areas
such as teleworking and video conferencing.
b. Actively encourage sick employees to stay home until they are free of fever (without the use
of medication) for at least 72 hours (three full days) AND symptoms have improved for at least
72 hours AND at least seven days have passed since symptoms first began. Do not require a
healthcare provider’s note to validate the illness or return to work of employees sick with acute
respiratory illness; healthcare provider offices and medical facilities may be extremely busy
and not able to provide such documentation in a timely way.
c. Ensure that your sick leave policies are up to date, flexible, and non-punitive to allow sick
employees to stay home to care for themselves, children, or other family members. Consider
encouraging employees to do a self-assessment each day to check if they have any COVID-19
symptoms (fever, cough, or shortness of breath).
d. Separate employees who appear to have acute respiratory illness symptoms from other
employees and send them home immediately. Restrict their access to the business until they
have recovered.
e. Reinforce key messages — stay home when sick, use cough and sneeze etiquette, and practice
hand hygiene — to all employees, and place posters in areas where they are most likely to be
seen. Provide protection supplies such as soap and water, hand sanitizer, tissues, and no-touch
disposal receptacles for use by employees.
f. Frequently perform enhanced environmental cleaning of commonly touched surfaces, such as

workstations, countertops, railings, door handles, and doorknobs. Use the cleaning agents that
are usually used in these areas and follow the directions on the label. Provide disposable wipes
so that commonly used surfaces can be wiped down by employees before each use.
g. Be prepared to change business practices if needed to maintain critical operations (e.g., identify
alternative suppliers, prioritize customers, or temporarily suspend some of your operations).
19. No limitation on authority. Nothing in this Order shall, in any way, alter or modify any existing
legal authority allowing the State or any local health department from ordering (1) any quarantine
or isolation that may require an individual to remain inside a particular residential property or
medical facility for a limited period of time, including the duration of this public health emergency,
or (2) any closure of a specific location for a limited period of time, including the duration of this
public health emergency.
20. Savings clause. If any provision of this Order or its application to any person or circumstance is
held invalid by any court of competent jurisdiction, this invalidity does not affect any other
provision or application of this Order, which can be given effect without the invalid provision or
application. To achieve this purpose, the provisions of this Order are declared to be severable.
21. Previous Orders superseded. This Order supersedes, only to the extent that it conflicts, and
amends any previous Order which conflicts with the provisions of this Order.
22. Duration. This Order shall be effective at 11:59 p.m. on March 23, 2020 and remain in full force
and effect until 11:59 p.m. on April 6, 2020, unless the Director of the Ohio Department of Health
rescinds or modifies this Order at a sooner time and date.
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COVID-19 is a respiratory disease that can result in serious illness or death, is caused by the SARS-CoV-
2 virus, which is a new strain of coronavirus that had not been previously identified in humans and can
easily spread from person to person. The virus is spread between individuals who are in close contact
with each other (within about six feet) through respiratory droplets produced when an infected person
coughs or sneezes. It may be possible that individuals can get COVID-19 by touching a surface or object
that has the virus on it and then touching their own mouth, nose or eyes.
On January 23, 2020, the Ohio Department of Health issued a Director’s Journal Entry making COVID-
19 a Class A reportable disease in Ohio.
On January 28, 2020, the Ohio Department of Health hosted the first statewide call with local health
departments and healthcare providers regarding COVID-19.
On January 30, 2020, the International Health Regulations Emergency Committee of the World Health
Organization declared the outbreak of COVID-19 a public health emergency of international concern.
On January 31, 2020, Health and Human Services Secretaiy, Alex M. Azar II, declared a public health
emergency for the United States to aid the nation’s healthcare community in responding to COVID-19.
On February 1, 2020, the Ohio Department of Health issued a statewide Health Alert Network to provide
local health departments and healthcare providers with updated guidance for COVID-19 and revised
Person Under Investigation (PUI) criteria.
On February 3, 2020, the Ohio Department of Health trained over 140 personnel to staff a call center for
COVID-19, in the event it was needed.
On February 5, 2020, the Ohio Department of Health began updating and notifying the media of the
number of PUIs in Ohio every Tuesday and Thursday.
On February 6, 2020, the Ohio Department of Health updated all agency assistant directors and chiefs of
staff on COVID-19 preparedness and status during the Governor’s cabinet meeting.
On February 7, 2020, the Ohio Department of Health and the Ohio Emergency Management Agency met
to conduct advance planning for COVID-19.
On February 13, 2020, the Ohio Department of Health conducted a Pandemic Tabletop Exercise with
State agencies to review responsive actions should there be a pandemic in Ohio.
On February 14, 2020, the Ohio Department of Health held a conference call with health professionals
across the state. The purpose of the call was to inform and engage the healthcare community in Ohio.
Presentations were provided by the Department of Health, Hamilton County Public Health, and the Ohio
State University.
On February 27, 2020, the Ohio Department of Health and the Ohio Emergency Management Agency
briefed the directors of State agencies during the Governor’s cabinet meeting regarding preparedness and
the potential activation of the Emergency Operations Center.
Electronically Filed 05/04/2020 15:25 / COMPLAINT / CV 200932204' /^Confirmation Nbr. 1993170 / CLMRB
On February 28, 2020, the "Governor DeWine, Health Director Update COVID-19 Prevention and
Preparedness Plan" was sent to a broad range of associations representing healthcare, dental, long-term
care, K-12 schools, colleges and universities, business, public transit, faith-based organizations, non-profit
organizations, and local governments.
On March 2, 2020, the Ohio Department of Health activated a Joint Information Center to coordinate
COVID-19 communications.
On March 5, 2020, the Ohio Department of Health hosted the Governor’s Summit on COVID-19
Preparedness, a meeting with the Governor, cabinet agency directors, local health department
commissioners, and their staff.
On March 6, 2020, the Ohio Department of Health opened a call center to answer questions from the
public regarding COVID-19.
On March 9, 2020, testing by the Department of Health confirmed that three (3) patients were positive for
COVID-19 in the State of Ohio. This confirms the presence of a potentially dangerous condition which
may affect the health, safety and welfare of citizens of Ohio.
On March 9, 2020, the Ohio Emergency Management Agency activated the Emergency Operations
Center.
On March 9, 2020, the Governor Declared a State of Emergency in Executive Order 2020-0ID.
On March 11, 2020, the head of the World Health Organization declared COVID-19 a pandemic.
On March 11, 2020, testing by the Ohio Department of Health confirmed that one (1) more patient was
positive for COVID-19 in the State of Ohio.
On March 11,2020, the Ohio Departments of Health and Veterans Services issued a Joint Directors’ Order
to limit access to Ohio nursing homes and similar facilities.
On March 15, 2020, the Ohio Department of Health issued a Director’s Order to limit access to Ohio’s
jails and detention facilities.
On March 15, 2020, the Ohio Department of Health issued a Director’s Order to limit the sale of food and
beverages, liquor, beer and wine to cany-out and delivery only.
On March 15, 2020, the CDC issued Interim Guidance for mass gatherings or large community events,
stating that such events that consist of 50 or more people should be cancelled or postponed.
On March 16, 2020 the Ohio Department of Health issued a Director’s Order closing polling locations for
the March 17, 2020 primary election.
Electronically Filed 05/04/2020 15:25 / COMPLAINT / CV 2g ^32204/lCbnfirmation Nbr. 1993170 / CLMRB

On March 17, 2020 the Ohio Department of Health issued a Director’s Order for the management of non
essential surgeries and procedures throughout Ohio.
On March 17, 2020 the Ohio Department of Health issued an Amended Director’s Order to limit and/or
prohibit mass gatherings and the closure of venues in the State of Ohio.
On March 19, 2020, the Ohio Department of Health issued a Director’s Order closing hair salons, nail
salons, barber shops, tattoo parlors, body piercing locations, and massage therapy locations.
Multiple areas of the United States are experiencing “community spread” of the virus that causes COVID-
19. Community spread, defined as the transmission of an illness for which the source is unknown, means
that isolation of known areas of infection is no longer enough to control spread.
The CDC reports that people are most contagious when they are most symptomatic (the sickest) however
some spread might be possible before people show symptoms although that is not the main way the virus
spreads.
Mass gatherings (10 or more persons) increase the risk of community transmission of the virus COVID-
19.
Accordingly, to avoid an imminent threat with a high probability of widespread exposure to COVID-19
with a significant risk of substantial harm to a large number of people in the general population, including
the elderly and people with weakened immune systems and chronic medical conditions, I hereby ORDER
effective at 11:59 p.m. on March 23,2020, all persons are to stay at home or their place of residence unless
they are engaged in Essential Activities, Essential Governmental Functions, or to operate Essential
Businesses and Operations as set forth in this Order. This Order shall remain in full force and effect until
11:59 p.m. on April 6, 2020, unless the Director of the Ohio Department of Health rescinds or modifies
this Order at a sooner time and date. To the extent any public official enforcing this Order has questions
regarding what services are prohibited under this Order, the Director of Health hereby delegates to local
merits the authority to answer questions in writing and consistent with this Order.
March 22, 2020

Arriy A cton, MD, 1
Director of Health
Electronically Filed 05/04/2020 15:25 / COMPLAINT / C? 20 <932204 ^Confirmation Nbr. 1993170 / CLMRB
U.S. Department of Homeland Security
Cybersecurity & Infrastructure Security Agency
Office of the Director
Washington, DC 20528
CISA
CYBER+INFRASTRUCTURE
March 19, 2020
MEMORANDUM ON IDENTIFICATION OF ESSENTIAL CRITICAL

INFRASTRUCTURE WORKERS DURING COVID-19 RESPONSE
FROM: Christopher C. Krebs ---- ' A

Director -- (
Cybersecurity and Infrastructure (Security Agency (CISA)
As the Nation comes together to slow the spread of COVID-19, on March 16th, the President issued
updated Coronavirus Guidance for America. This guidance states that:
“Ifyou work in a critical infrastructure industry, as defined by the Department of

Homeland Security, such as healthcare services and pharmaceutical andfood supply, you
have a special responsibility to maintain your normal work schedule. ”
The Cybersecurity and Infrastructure Security Agency (CISA) executes the Secretary of Homeland
Security’s responsibilities as assigned under the Homeland Security Act of 2002 to provide strategic
guidance, promote a national unity of effort, and coordinate the overall federal effort to ensure the
security and resilience of the Nation's critical infrastructure. CISA uses trusted partnerships with
both the public and private sectors to deliver infrastructure resilience assistance and guidance to a
broad range of partners.
In accordance with this mandate, and in collaboration with other federal agencies and the private
sector, CISA developed an initial list of “Essential Critical Infrastructure Workers” to help State and
local officials as they work to protect their communities, while ensuring continuity of functions
critical to public health and safety, as well as economic and national security. The list can also
inform critical infrastructure community decision-making to determine the sectors, sub-sectors,
segments, or critical functions that should continue normal operations, appropriately modified to
account for Centers for Disease Control (CDC) workforce and customer protection guidance.
The attached list identifies workers who conduct a range of operations and services that are essential
to continued critical infrastructure viability, including staffing operations centers, maintaining and
repairing critical infrastructure, operating call centers, working construction, and performing
management functions, among others. The industries they support represent, but are not necessarily
limited to, medical and healthcare, telecommunications, information technology systems, defense,
food and agriculture, transportation and logistics, energy, water and wastewater, law enforcement,
and public works.
We recognize that State, local, tribal, and territorial governments are ultimately in charge of
implementing and executing response activities in communities under their jurisdiction, while the
Federal Government is in a supporting role. As State and local communities consider
COVID-19-related restrictions, CISA is offering this list to assist prioritizing activities related to
continuity of operations and incident response, including the appropriate movement of critical
infrastructure workers within and between jurisdictions.
Accordingly, this list is advisory in nature. It is not, nor should it be considered to be, a federal
directive or standard in and of itself.
In addition, these identified sectors and workers are not intended to be the authoritative or exhaustive
list of critical infrastructure sectors and functions that should continue during the COVID-19
response. Instead, State and local officials should use their own judgment in using their authorities
and issuing implementation directives and guidance. Similarly, critical infrastructure industry
partners will use their own judgment, informed by this list, to ensure continued operations of critical
infrastructure services and functions. All decisions should appropriately balance public safety while
ensuring the continued delivery of critical infrastructure services and functions.
CISA will continue to work with you and our partners in the critical infrastructure community to
update this list as the Nation’s response to COVID-19 evolves. We also encourage you to submit
how you might use this list so that we can develop a repository of use cases for broad sharing across
the country.
Should you have questions about this list, please contact CISA at CISA.CAT@cisa.dhs.gov.
Attachment: “Guidance on the Essential Critical Infrastructure Workforce: Ensuring Community

and National Resilience in COVID-19 Response”
2
Guidance on the Essential Critical Infrastructure Workforce:
Ensuring Community and National Resilience in COVID-19
Response
Version 1.0 (March 19, 2020)
THE IMPORTANCE OF ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS

Functioning critical infrastructure is imperative during the response to the COVID-19 emergency for both public health
and safety as well as community well-being. Certain critical infrastructure industries have a special responsibility in
these times to continue operations.
This guidance and accompanying list are intended to support State, Local, and industry partners in identifying the
critical infrastructure sectors and the essential workers needed to maintain the services and functions Americans
depend on daily and that need to be able to operate resiliently during the COVID-19 pandemic response.
This document gives guidance to State, local, tribal, and territorial jurisdictions and the private sector on defining
essential critical infrastructure workers. Promoting the ability of such workers to continue to work during periods of
community restriction, access management, social distancing, or closure orders/directives is crucial to community
resilience and continuity of essential functions.
CONSIDERATIONS FOR GOVERNMENT AND BUSINESS

This list was developed in consultation with federal agency partners, industry experts, and State and local officials,
and is based on several key principles:
1. Response efforts to the COVID-19 pandemic are locally executed, State managed, and federally supported
2. Everyone should follow guidance from the CDC, as well as State and local government officials, regarding
strategies to limit disease spread.
3. Workers should be encouraged to work remotely when possible and focus on core business activities. In
person, non-mandatory activities should be delayed until the resumption of normal operations.
4. When continuous remote work is not possible, businesses should enlist strategies to reduce the likelihood of
spreading the disease. This includes, but is not necessarily limited to, separating staff by off-setting shift
hours or days and/or social distancing. These steps can preserve the workforce and allow operations to
continue.
Essential Critical Infrastructure Workforce
5. All organizations should implement their business continuity and pandemic plans, or put plans in place if they
do not exist. Delaying implementation is not advised and puts at risk the viability of the business and the
health and safety of the employees.
6. In the modern economy, reliance on technology and just-in-time supply chains means that certain workers
must be able to access certain sites, facilities, and assets to ensure continuity of functions.
7. Government employees, such as emergency managers, and the business community need to establish and
maintain lines of communication.
8. When government and businesses engage in discussions about critical infrastructure workers, they need to
consider the implications of business operations beyond the jurisdiction where the asset or facility is located.
Businesses can have sizeable economic and societal impacts as well as supply chain dependencies that are
geographically distributed.
9. Whenever possible, jurisdictions should align access and movement control policies related to critical
infrastructure workers to lower the burden of workers crossing jurisdictional boundaries.
IDENTIFYING ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS

The following list of sectors and identified essential critical infrastructure workers are an initial recommended set and
are intended to be overly inclusive reflecting the diversity of industries across the United States. CISA will continually
solicit and accept feedback on the list (both sectors/sub sectors and identified essential workers) and will evolve the
list in response to stakeholder feedback. We will also use our various stakeholder engagement mechanisms to work
with partners on how they are using this list and share those lessons learned and best practices broadly. We ask that
you share your feedback, both positive and negative on this list so we can provide the most useful guidance to our
critical infrastructure partners. Feedback can be sent to CISA.CAT@CISA.DHS.GOV.
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' COMPLAINT / CV 20 932204 / ConfirmatjOffN iw&mc
Faoebook.com/CISA
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HEALTHCARE / PUBLIC HEALTH

• Workers providing COVID-19 testing; Workers that perform critical clinical research needed for COVID-19
response
• Caregivers (e.g., physicians, dentists, psychologists, mid-level practitioners, nurses and assistants, infection
control and quality assurance personnel, pharmacists, physical and occupational therapists and assistants,
social workers, speech pathologists and diagnostic and therapeutic technicians and technologists)
• Hospital and laboratory personnel (including accounting, administrative, admitting and discharge, engineering,
epidemiological, source plasma and blood donation, food service, housekeeping, medical records, information
technology and operational technology, nutritionists, sanitarians, respiratory therapists, etc.)
• Workers in other medical facilities (including Ambulatory Health and Surgical, Blood Banks, Clinics, Community
Mental Health, Comprehensive Outpatient rehabilitation, End Stage Renal Disease, Health Departments, Home
Health care, Hospices, Hospitals, Long Term Care, Organ Pharmacies, Procurement Organizations, Psychiatric
Residential, Rural Health Clinicsand Federally Qualified Health Centers)
• Manufacturers, technicians, logistics and warehouse operators, and distributors of medical equipment,
personal protective equipment (PPE), medical gases, pharmaceuticals, blood and blood products, vaccines,
testing materials, laboratory supplies, cleaning, sanitizing, disinfecting or sterilization supplies, and tissue and
paper towel products
• Public health / community health workers, including those who compile, model, analyze and communicate
public health information
• Blood and plasma donors and the employees of the organizations that operate and manage related activities
• Workers that manage health plans, billing, and health information, who cannot practically work remotely
• Workers who conduct community-based public health functions, conducting epidemiologic surveillance,
compiling, analyzing and communicating public health information, who cannot practically work remotely
• Workers performing cybersecurity functions at healthcare and public health facilities, who cannot practically
work remotely
• Workers conducting research critical to COVID-19 response
• Workers performing security, incident management, and emergency operations functions at or on behalf of
healthcare entities including healthcare coalitions, who cannot practically work remotely
• Workers who support food, shelter, and social services, and other necessities of life for economically
disadvantaged or otherwise needy individuals, such as those residing in shelters
• Pharmacy employees necessary for filling prescriptions
• Workers performing mortuary services, including funeral homes, crematoriums, and cemetery workers
• Workers who coordinate with other organizations to ensure the proper recovery, handling, identification,
transportation, tracking, storage, and disposal of human remains and personal effects; certify cause of death;
and facilitate access to mental/behavioral health services to the family members, responders, and survivors of
an incident
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COMPLAINT / CV 20 932204 / Confirma
LAW ENFORCEMENT, PUBLIC SAFETY, FIRST RESPONDERS

• Personnel in emergency management, law enforcement, Emergency Management Systems, fire, and
corrections, including front line and management
• Emergency Medical Technicians
• 911 call center employees
• Fusion Center employees
• Hazardous material responders from government and the private sector.
• Workers - including contracted vendors - who maintain digital systems infrastructure supporting law
enforcement and emergency service operations.
FOOD AND AGRICULTURE

• Workers supporting groceries, pharmacies and other retail that sells food and beverage products
• Restaurant carry-out and quick serve food operations - Carry-out and delivery food employees
• Food manufacturer employees and their supplier employees—to include those employed in food processing
(packers, meat processing, cheese plants, milk plants, produce, etc.) facilities; livestock, poultry, seafood
slaughter facilities; pet and animal feed processing facilities; human food facilities producing by-products for
animal food; beverage production facilities; and the production of food packaging
• Farm workers to include those employed in animal food, feed, and ingredient production, packaging, and
distribution; manufacturing, packaging, and distribution of veterinary drugs; truck delivery and transport; farm
and fishery labor needed to produce our food supply domestically
• Farm workers and support service workers to include those who field crops; commodity inspection; fuel ethanol
facilities; storage facilities; and other agricultural inputs
• Employees and firms supporting food, feed, and beverage distribution, including warehouse workers, vendor
managed inventory controllers and blockchain managers
• Workers supporting the sanitation of all food manufacturing processes and operations from wholesale to retail
• Company cafeterias - in-plant cafeterias used to feed employees
• Workers in food testing labs in private industries and in institutions of higher education
• Workers essential for assistance programs and government payments
• Employees of companies engaged in the production of chemicals, medicines, vaccines, and other substances
used by the food and agriculture industry, including pesticides, herbicides, fertilizers, minerals, enrichments,
and other agricultural production aids
• Animal agriculture workers to include those employed in veterinary health; manufacturing and distribution of
animal medical materials, animal vaccines, animal drugs, feed ingredients, feed, and bedding, etc.;
transportation of live animals, animal medical materials; transportation of deceased animals for disposal;
raising of animals for food; animal production operations; slaughter and packing plants and associated
regulatory and government workforce
• Workers who support the manufacture and distribution of forest products, including, but not limited to timber,
paper, and other wood products
• Employees engaged in the manufacture and maintenance of equipment and other infrastructure necessary to
agricultural production and distribution
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ENERGY
Electricity industry:
• Workers who maintain, ensure, or restore the generation, transmission, and distribution of electric power,
including call centers, utility workers, reliability engineers and fleet maintenance technicians
• Workers needed for safe and secure operations at nuclear generation
• Workers at generation, transmission, and electric blackstart facilities
• Workers at Reliability Coordinator (RC), Balancing Authorities (BA), and primary and backup Control Centers
(CC), including but not limited to independent system operators, regional transmission organizations, and
balancing authorities
• Mutual assistance personnel
• IT and OT technology staff - for EMS (Energy Management Systems) and Supervisory Control and Data
Acquisition (SCADA) systems, and utility data centers; Cybersecurity engineers; cybersecurity risk management
• Vegetation management crews and traffic workers who support
• Environmental remediation/monitoring technicians
• Instrumentation, protection, and control technicians
Petroleum workers:
• Petroleum product storage, pipeline, marine transport, terminals, rail transport, road transport
• Crude oil storage facilities, pipeline, and marine transport
• Petroleum refinery facilities
• Petroleum security operations center employees and workers who support emergency response services
• Petroleum operations control rooms/centers
• Petroleum drilling, extraction, production, processing, refining, terminal operations, transporting, and retail for
use as end-use fuels or feedstocks for chemical manufacturing
• Onshore and offshore operations for maintenance and emergency response
• Retail fuel centers such as gas stations and truck stops, and the distribution systems that support them
Natural and propane gas workers;

• Natural gas transmission and distribution pipelines, including compressor stations
• Underground storage of natural gas
• Natural gas processing plants, and those that deal with natural gas liquids
• Liquefied Natural Gas (LNG) facilities
• Natural gas security operations center, natural gas operations dispatch and control rooms/centers natural gas
emergency response and customer emergencies, including natural gas leak calls
• Drilling, production, processing, refining, and transporting natural gas for use as end-use fuels, feedstocks for
chemical manufacturing, or use in electricity generation
• Propane gas dispatch and control rooms and emergency response and customer emergencies, including
propane leak calls
• Propane gas service maintenance and restoration, including call centers
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• Processing, refining, and transporting natural liquids, including propane gas, for use as end-use fuels or
feedstocks for chemical manufacturing
• Propane gas storage, transmission, and distribution centers
WATER AND WASTEWATER

Employees needed to operate and maintain drinking water and wastewater/drainage infrastructure, including:
• Operational staff at water authorities
• Operational staff at community water systems
• Operational staff at wastewater treatment facilities
• Workers repairing water and wastewater conveyances and performing required sampling or monitoring
• Operational staff for water distribution and testing
• Operational staff at wastewater collection facilities
• Operational staff and technical support for SCADA Control systems
• Chemical disinfectant suppliers for wastewater and personnel protection
• Workers that maintain digital systems infrastructure supporting water and wastewater operations
TRANSPORTATION AND LOGISTICS

• Employees supporting or enabling transportation functions, including dispatchers, maintenance and repair
technicians, warehouse workers, truck stop and rest area workers, and workers that maintain and inspect
infrastructure (including those that require cross-border travel)
• Employees of firms providing services that enable logistics operations, including cooling, storing, packaging,
and distributing products for wholesale or retail sale or use.
• Mass transit workers
• Workers responsible for operating dispatching passenger, commuter and freight trains and maintaining rail
infrastructure and equipment
• Maritime transportation workers - port workers, mariners, equipment operators
• Truck drivers who haul hazardous and waste materials to support critical infrastructure, capabilities, functions,
and services
• Automotive repair and maintenance facilities
• Manufacturers and distributors (to include service centers and related operations) of packaging materials,
pallets, crates, containers, and other supplies needed to support manufacturing, packaging staging and
distribution operations
• Postal and shipping workers, to include private companies
• Employees who repair and maintain vehicles, aircraft, rail equipment, marine vessels, and the equipment and
infrastructure that enables operations that encompass movement of cargo and passengers
• Air transportation employees, including air traffic controllers, ramp personnel, aviation security, and aviation
management
• Workers who support the maintenance and operation of cargo by air transportation, including flight crews,
maintenance, airport operations, and other on- and off- airport facilities workers
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COMPLAINT / CV 20 932204 / Confirms
a
PUBLIC WORKS
• Workers who support the operation, inspection, and maintenance of essential dams, locks and levees
• Workers who support the operation, inspection, and maintenance of essential public works facilities and
operations, including bridges, water and sewer main breaks, fleet maintenance personnel, construction of
critical or strategic infrastructure, traffic signal maintenance, emergency location services for buried utilities,
maintenance of digital systems infrastructure supporting public works operations, and other emergent issues
• Workers such as plumbers, electricians, exterminators, and other service providers who provide services that
are necessary to maintaining the safety, sanitation, and essential operation of residences
• Support, such as road and line clearing, to ensure the availability of needed facilities, transportation, energy
and communications
• Support to ensure the effective removal, storage, and disposal of residential and commercial solid waste and
hazardous waste
COMMUNICATIONS AND INFORMATION TECHNOLOGY

Communications:
• Maintenance of communications infrastructure- including privately owned and maintained communication
systems- supported by technicians, operators, call-centers, wireline and wireless providers, cable service
providers, satellite operations, undersea cable landing stations, Internet Exchange Points, and manufacturers
and distributors of communications equipment
• Workers who support radio, television, and media service, including, but not limited to front line news
reporters, studio, and technicians for newsgathering and reporting
• Workers at Independent System Operators and Regional Transmission Organizations, and Network Operations
staff, engineers and/or technicians to manage the network or operate facilities
• Engineers, technicians and associated personnel responsible for infrastructure construction and restoration,
including contractors for construction and engineering of fiber optic cables
• Installation, maintenance and repair technicians that establish, support or repair service as needed
• Central office personnel to maintain and operate central office, data centers, and other network office facilities
• Customer service and support staff, including managed and professional services as well as remote providers
of support to transitioning employees to set up and maintain home offices, who interface with customers to
manage or support service environments and security issues, including payroll, billing, fraud, and
troubleshooting
• Dispatchers involved with service repair and restoration
Information Technology:
• Workers who support command centers, including, but not limited to Network Operations Command Center,
Broadcast Operations Control Center and Security Operations Command Center
• Data center operators, including system administrators, HVAC & electrical engineers, security personnel, IT
managers, data transfer solutions engineers, software and hardware engineers, and database administrators
• Client service centers, field engineers, and other technicians supporting critical infrastructure, as well as
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/ CV 20 932204 / Confirm
manufacturers and supply chain vendors that provide hardware and software, and information technology
equipment (to include microelectronics and semiconductors) for critical infrastructure
• Workers responding to cyber incidents involving critical infrastructure, including medical facilities, SLIT
governments and federal facilities, energy and utilities, and banks and financial institutions, and other critical
infrastructure categories and personnel
• Workers supporting the provision of essential global, national and local infrastructure for computing services
(incl. cloud computing services), business infrastructure, web-based services, and critical manufacturing
• Workers supporting communications systems and information technology used by law enforcement, public
safety, medical, energy and other critical industries
• Support required for continuity of services, including janitorial/cleaning personnel
OTHER COMMUNITY-BASED GOVERNMENT OPERATIONS AND ESSENTIAL

FUNCTIONS
• Workers to ensure continuity of building functions
• Security staff to maintain building access control and physical security measures
• Elections personnel
• Federal, State, and Local, Tribal, and Territorial employees who support Mission Essential Functions and
communications networks
• Trade Officials (FTA negotiators; international data flow administrators)
• Weather forecasters
• Workers that maintain digital systems infrastructure supporting other critical government operations
• Workers at operations centers necessary to maintain other essential functions
• Workers who support necessary credentialing, vetting and licensing operations for transportation workers
• Customs workers who are critical to facilitating trade in support of the national emergency response supply
chain
• Educators supporting public and private K-12 schools, colleges, and universities for purposes of facilitating
distance learning or performing other essential functions, if operating under rules for social distancing
• Hotel Workers where hotels are used for COVID-19 mitigation and containment measures
CRITICAL MANUFACTURING
• Workers necessary for the manufacturing of materials and products needed for medical supply chains,
transportation, energy, communications, food and agriculture, chemical manufacturing, nuclear facilities, the
operation of dams, water and wastewater treatment, emergency services, and the defense industrial base.
HAZARDOUS MATERIALS
• Workers at nuclear facilities, workers managing medical waste, workers managing waste from pharmaceuticals
and medical material production, and workers at laboratories processing test kits
• Workers who support hazardous materials response and cleanup
• Workers who maintain digital systems infrastructure supporting hazardous materials management operations
FINANCIAL SERVICES
• Workers who are needed to process and maintain systems for processing financial transactions and services
(e.g., payment, clearing, and settlement; wholesale funding; insurance services; and capital markets activities)
• Workers who are needed to provide consumer access to banking and lending services, including ATMs, and to
move currency and payments (e.g., armored cash carriers)
• Workers who support financial operations, such as those staffing data and security operations centers
CHEMICAL
• Workers supporting the chemical and industrial gas supply chains, including workers at chemical manufacturing
plants, workers in laboratories, workers at distribution facilities, workers who transport basic raw chemical
materials to the producers of industrial and consumer goods, including hand sanitizers, food and food
additives, pharmaceuticals, textiles, and paper products.
• Workers supporting the safe transportation of chemicals, including those supporting tank truck cleaning
facilities and workers who manufacture packaging items
• Workers supporting the production of protective cleaning and medical solutions, personal protective equipment,
and packaging that prevents the contamination of food, water, medicine, among others essential products
• Workers supporting the operation and maintenance of facilities (particularly those with high risk chemicals and/
or sites that cannot be shut down) whose work cannot be done remotely and requires the presence of highly
trained personnel to ensure safe operations, including plant contract workers who provide inspections
• Workers who support the production and transportation of chlorine and alkali manufacturing, single-use
plastics, and packaging that prevents the contamination or supports the continued manufacture of food, water,
medicine, and other essential products, including glass container manufacturing
DEFENSE INDUSTRIAL BASE

• Workers who support the essential services required to meet national security commitments to the federal
government and U.S. Military. These individuals, include but are not limited to, aerospace; mechanical and
software engineers, manufacturing/production workers; IT support; security staff; security personnel;
intelligence support, aircraft and weapon system mechanics and maintainers
• Personnel working for companies, and their subcontractors, who perform under contract to the Department of
Defense providing materials and services to the Department of Defense, and government-owned/contractor-
operated and government-owned/government-operated facilities
Exhibit E
zrie
insurance0
Branch Office ■ 4690 Munson Street, N.W. ■ Canton, Ohio 44718 • 330.433.1925 • Toll free 1.800.362.6541
Mail Address: P.O. Box 9031 • Canton, Ohio 44711-9031 • Fax 800.535.4694 • erieinsurance.com
April 21,2020
Valerios Inc.
Attn: Stella Lorio
12405 Mayfield Road
Cleveland, OH 44106
Re: ERIE Claim #A00002557617

ERIE Policy: SQ97-2014696
Date of Loss: 04/01/2020
Dear Ms. Lorio:
This letter is in reference to the above-captioned claim which was reported to Erie Insurance Exchange (ERIE) on
April 17, 2020 seeking coverage under the Ultrapack Policy #Q97-2014696 issued to Valerios Inc.
During our conversation on April 21,2020, you explained that your business experienced an interruption due to the
mandatory government shut down of all non-essential businesses. We regret to inform you that there is no
coverage for your loss of income because there is no direct physical loss to your building or business personal
property.
Please reference the Insuring Agreement for Building(s) - Coverage 1, Business Personal Property - Coverage II
and Income Protection - Coverage III which reads in relevant part:
SECTION I - COVERAGES
INSURING AGREEMENT
We will pay for direct physical "loss" of or damage to covered property at the premises described in the
"Declarations" caused by or resulting from a peril insured against.
SECTION II - PERILS INSURED AGAINST states:
SECTION II - PERILS INSURED AGAINST
BUILDING(S) - COVERAGE 1
BUSINESS PERSONAL PROPERTY AND PERSONAL PROPERTY OF OTHERS -

COVERAGE 2
INCOME PROTECTION - COVERAGE 3
This policy insures against direct physical "loss", except "loss" as excluded or limited in this policy.
Business Interruption Coverage
Refer to SECTION 1 of the policy for what constitutes Covered Property under INCOME PROTECTION -
COVERAGES. Income Protection means loss of “income” and/or “rental income” you sustain due to partial or
total “interruption of business” resulting directly from “loss” or damage to property on the premises described in
Electronically Filed 05/04/2020 15:25 / COMPLAINT / CV 20 932204 / Confirmation Nbr. 1993170 I CLMRB 557710_l.docx
The ERIE is Above All in S-RVC-’ • Since 1925

Valerios Inc.
Attn: Stella Lorio
Page 2
April 21,2020
the “Declarations” from a peril insured against. Extra Expense Coverage under paragraph B of Coverage 3 also
requires a partial or total “interruption of business” resulting directly from “loss” or damage to property on the
premises described in the “Declarations” from a peril insured against.
As defined in Section XI of the policy, “Loss” means direct and accidental loss of or damage to covered property.
“Interruption of business” means the period of time that your business is partially or totally suspended and it:
1. Begins with the date of direct “loss” to covered property caused by a peril insured against; and 2. Ends on the
date when the covered property should be repaired, rebuilt, or replaced with reasonable speed and similar quality.
Income Protection does not apply because there was no partial or total “interruption of business” due to direct
physical “loss” or damage to Covered Property on the premises from a peril insured against.
Additional Coverages - Civil Authority
Additional Coverages - Civil Authority under paragraph C of the Income Protection Coverage Section of the
policy (SECTION I, Coverage 3) reads:
C. Additional Coverages
1. Civil Authority
When a peril insured against causes damage to property other than property at the premises
described in the "Declarations", we will pay for the actual loss of "income" and/or "rental
income" you sustain and necessary "extra expense" caused by action of civil authority that
prohibits access to the premises described in the "Declarations" provided that both of the
following apply:
a. Access to the area immediately surrounding the damaged property is prohibited by civil
authority as a result of the damage, and the premises described in the "Declarations" are
within that area but are not more than one mile from the damaged property; and
b. The action of civil authority is taken in response to dangerous physical conditions resulting
from the damage or continuation of the peril insured against that caused the damage, or the
action is taken to enable a civil authority to have unimpeded access to the damaged
property.
Civil Authority coverage for "income" and/or "rental income" will begin 72 hours after the time
of the first action of civil authority that prohibits access to the premises described in the
"Declarations" and will apply for a period of up to four consecutive weeks from the date on
which such coverage began.
Civil Authority coverage does not apply because a Civil Authority did not order that the business be closed due
to damage to property within one mile of the premises described in the “Declarations, ” caused by a peril
insured against.
Extension ofCoverage - Contingent Business Interruption
The Extension of Coverage for loss of “income” or “rental income” for Contingent Business Interruption under
SECTION VIII (B)(5) also requires a partial or total “interruption of business” resulting directly from “loss” or
damage to Btiilding(s) or Business Personal Property of “dependent properties” from a peril insured against.
■■fectronically Filed 05/04/2020 15:25 / COMPLAINT / CV 20 932204 / Confirmation Nbr. 1993170 / CLMRB
PH Erie 557710 l.docx
/SL1 insurance*
Above all in sER\/IqE'
Valerios Inc.
Attn: Stella Lorio
Page 3
April 21, 2020
"Dependent property" means premises operated by others whom you depend on in any way for
continuation of your normal business operations. The "dependent properties" are:
a. Contributing Locations which mean those premises you depend on as a source of materials
or services that you need for your operations. Services do not include water,
communication, power supply, or waste water removal services;
b. Recipient Locations which mean those premises you depend on as a customer for your
products or services;
c. Manufacturing Locations which mean those premises you depend on to manufacture

products for your customers under contract or sale; or
d. Leader Locations which mean those premises you depend on to attract customers to your
business.
"Interruption of business" for contingent business interruption means the period of time that
your business is suspended and it:
a. Begins with the date of direct "loss" or damage to the "dependent property'" caused by a
peril insured against; and
b. Ends on the date when the "dependent property" should be repaired, rebuilt, or replaced
with reasonable speed and similar quality.
Contingent Business Interruption does not apply because there was no partial or total “interruption of
business” directly front “loss” or damage to Buildings or Business Personal Property of “dependent
properties” from a peril insured against.
In addition to the discussion above, the following exclusions apply to this loss:
SECTION III - EXCLUSIONS
E. Coverage 3
We do not cover under Income Protection - Coverage 3:
1. Increase of loss resulting from ordinance or law regulating construction or repair of buildings.
2. Consequential damages resulting from the breach of contractual obligations.
4. Loss due to delay or loss of market.
6. "Extra expense" caused by the suspension, lapse, or cancellation of any license, lease, or
contract beyond the "interruption of business".
7. Increase of loss resulting from ordinance or law regulating the prevention, control, repair,
clean-up, or restoration of environmental damage.
8. Income protection specifically insured in whole or in part by this or any other insurance.
I® Electronically Filed 05/04/2020 15:25 / COMPLAINT / CV 20 932204 / Confirmation Nbr. 1993170 / CLMRB
Erie 557710 l.docx
insurances
Above ail In sERylcE"
Valerios Inc.
Attn: Stella Lorio
Page 4
April 21,2020
Additionally, the following policy provision applies:
15. SUITS AGAINST US
We may not be sued unless there is full compliance with all the terms of this policy. Suit must be
brought within 2 years (Maryland and North Carolina - 3 years) after the "loss” occurs.
Nothing in this letter is intended to waive, alter or restrict any of the terms, conditions or defenses of the policy of
insurance in question, all of which are expressly reserved and affirmed.
We regret that we could not assist you in this matter. If you have any questions or concerns regarding this letter,
please feel free to contact me at the number listed below.
Sincerely,
Elisabeth K. Clift
Property Adjuster
Canton Claims Office
(216) 339-7388
cc: Lake Shore Insurance Agency

cc: File
i&®e|£tr|6niCally Filed 05/04/2020 15:25 / COMPLAINT / CV 20 932204 / Confirmation Nbr. 1993170 / CLMRB 557710 l.docx
Insurance1
Above ail in sERvVF’
Exhibit F
Branch Office • 4690 Munson Street, N W. • Canton, Ohio 44718 • 330 433.1925 • Toll free 1.800.362 6541
Mad Address: RO. Box 9031 • Canton. Ohio 44711-9031 • Fax 800.535.4694 • eneinsurance.com
April 21, 2020
The Fairmount. Inc.

Attn: Jayne Sestak
2448 Fairmount Boulevard
Cleveland Heights, OH 44106
Re: ERIE Claim SA00002560350

ERIE Policy: #Q97-2059079
Date of Loss: 3/16/20
Dear Ms. Sestak:

This letter is in reference to the above-captioned claim which was reported to Erie Insurance Exchange (ERIE) on
April 20, 2020 seeking coverage under the Ultrapack Policy #Q97-2059079 issued to The Fairmount, Inc.
During our conversation on April 21, 2020, you explained that your business experienced an interruption due to the
mandatory government shutdown of all non-essential businesses. We regret to inform you that there is no
coverage for your loss of income because there is no direct physical loss to your building or business personal
property.
Please reference the Insuring Agreement for Building(s) - Coverage I, Business Personal Property - Coverage 11
and Income Protection — Coverage III which reads in relevant part:
SECTION I - COVERAGES
INSURING AGREEMENT
We will pay for direct physical "loss” of or damage to covered property at the premises described in the
"Declarations" caused by or resulting from a peril insured against.
SECTION II - PERILS INSURED AGAINST states:
SECTION II - PERILS INSURED AGAINST
BUSINESS PERSONAL PROPERTY AND PERSONAL PROPERTY OF OTHERS -

COVERAGE 2
This policy insures against direct physical "loss", except "loss" as excluded or limited in this policy.
Business Interruption Coverage
Refer to SECTION 1 of the policy for what constitutes Covered Property under INCOME PROTECTION -
COVERAGE 3. Income Protection means loss of “income” and/or “rental income” you sustain due to partial or
total “interruption of business” resulting directly from “loss” or damage to property on the premises described in
the i 15:25: ICOMPLAINT'71CVNbr. 199317
557705 I docx
The ERIE is Above All in • Since 1925

The Fairmount, Inc.
Attn: Jayne Sestak
Page 2
April 21,2020
also requires a partial or total "interruption of business” resulting directly from “loss” or damage to property on
the premises described in the “Declarations” from a peril insured against.
As defined in Section XI of the policy, “Loss” means direct and accidental loss of or damage to covered property.
“Interruption of business” means the period of time that your business is partially or totally suspended and it:
1. Begins with the date of direct “loss” to covered property caused by a peril insured against; and 2. Ends on the
date when the covered property should be repaired, rebuilt, or replaced with reasonable speed and similar quality.
Income Protection does not apply because there was no partial or total “interruption of business” due to direct
physical “loss” or damage to Covered Property on the premises from a peril insured against.
Additional Coverages - Civil Authority
Additional Coverages - Civil Authority under paragraph C of the Income Protection Coverage Section of the
policy (SECTION I. Coverage 3) reads:
C. Additional Coverages
1. Civil Authority
When a peril insured against causes damage to property other than property at the premises
described in the "Declarations", we will pay for the actual loss of "income" and/or "rental
income" you sustain and necessary "extra expense" caused by action of civil authority that
prohibits access to the premises described in the "Declarations" provided that both of the
following apply:
a. Access to the area immediately surrounding the damaged property is prohibited by civil
authority as a result of the damage, and the premises described in the "Declarations" are
within that area but are not more than one mile from the damaged property: and
b. The action of civil authority is taken in response to dangerous physical conditions resulting
from the damage or continuation of the peril insured against that caused the damage, or the
action is taken to enable a civil authority to have unimpeded access to the damaged
property.
Civil Authority coverage for "income" and/or "rental income" will begin 72 hours after the time
of the first action of civil authority that prohibits access to the premises described in the
"Declarations" and will apply for a period of up to four consecutive weeks from the date on
which such coverage began.
Civil Authority coverage does not apply because a Civil Authority did not order that the business be closed due
to damage to property within one mile of the premises described in the “Declarations, ” caused by a peril
insured against. '
Extension of Coverage - Contingent Business Interruption
The Extension of Coverage for loss of “income” or “rental income” for Contingent Business Interruption under
SECTION VIII (B)(5) also requires a partial or total “interruption of business” resulting directly from “loss” or
damage to Building(s) or Business Personal Property of “dependent properties” from a peril insured against.
Electronically Filed 05/04/2020 15:25 I COMPLAINT I CV 20 932204 / Confirmation Nbr.

pjS Erie 557705-1 docx
Insurance’
Above all in $ERvlcE*
The Fairmount, Inc.
Attn: Jayne Sestak
Page 3
April 21, 2020
Dependent property" means premises operated by others whom you depend on in any way for
continuation of your normal business operations. The "dependent properties" are:
a. Contributing Locations which mean those premises you depend on as a source of materials
or services that you need for your operations. Services do not include water,
communication, power supply, or waste water removal services;
b. Recipient Locations which mean those premises you depend on as a customer for your
products or services;
c. Manufacturing Locations which mean those premises you depend on to manufacture

products for your customers under contract or sale; or
d. Leader Locations which mean those premises you depend on to attract customers to your
business.
"Interruption of business" for contingent business interruption means the period of time that
your business is suspended and it:
a. Begins with the date of direct "loss" or damage to the "dependent property" caused by a
peril insured against; and
b. Ends on the date when the "dependent property" should be repaired, rebuilt, or replaced
with reasonable speed and similar quality.
Contingent Business Interruption does not apply because there was no partial or total “interruption of
business" directly front “toss” or damage to Buildings or Business Personal Property of “dependent
properties”from a peril insured against.
In addition to the discussion above, the following exclusions apply to this loss:
E. Coverage 3
We do not cover under Income Protection - Coverage 3:
1. Increase of loss resulting from ordinance or law regulating construction or repair of buildings.
2. Consequential damages resulting from the breach of contractual obligations.

6. "Extra expense" caused by the suspension, lapse, or cancellation of any license, lease, or
contract beyond the "interruption of business".
7. Increase of loss resulting from ordinance or law regulating the prevention, control, repair,
clean-up, or restoration of environmental damage.
Electronically Filed 05/04/2020 15:25 I COMPLAINT / CV 20 932204 / Confirmation I
557705 I docx
Erie
Insurance
Ahov«all m SERV'CE'
The Fairmount, Inc.
Attn: Jayne Sestak
Page 4
April 21,2020
8. Income protection specifically insured in whole or in part by this or any other insurance.
Additionally, the following policy provision applies:
We may not be sued unless there is full compliance with all the terms of this policy. Suit must be
brought within 2 years (Maryland and North Carolina - 3 years) after the "loss" occurs.
Nothing in this letter is intended to waive, alter or restrict any of the terms, conditions or defenses of the policy of
insurance in question, all of which are expressly reserved and affirmed.
We regret that we could not assist you in this matter. If you have any questions or concerns regarding this letter,
please feel free to contact me at the number listed below.
Sincerely,
Elisabeth K. Clift
Property Adjuster
Canton Claims Office
(216)339-7388
EKC:kab
cc: Brad Sussman Insurance, Ltd.
cc: File
Electronically Filed 05/04/2020 15:25 / COMPLAINT / CV 20 932204 / Confirmation Nb
Rrip 557705J docx
Insurance'
Above all in s^Rx/lcE*
Exhibit G
ERIE INSURANCE
ULTRAPACK PLUS
PK-00-01 (Ed. 01/20) CL-0001
ULTRAPACK PLUS COMMERCIAL PROPERTY COVERAGE PART

Various provisions in this policy restrict coverage. Read the attached to buildings on the premises described in the
entire policy carefully to determine rights, duties, and what is "Declarations" or if unattached to the building, must
and is not covered. be permanently mounted on the premises described in
Throughout this policy the words "you" and "your" refer to the the "Declarations".
Named Insured shown in the "Declarations". The words "we", B. Property Not Covered
"us", and "our" refer to the company providing this insurance. Building(s) does not apply to:
Other words and phrases that appear in quotation marks have
1. Fences, walks, and unattached outbuildings not de
special meaning. Refer to Section XI - Definitions and Sec scribed in the "Declarations", except as provided in
tion VIII - Extensions of Coverage. Extensions of Coverage - A.2.;
SECTION I - COVERAGES 2. Outdoor swimming pools and equipment pertaining
thereto not described in the "Declarations", except as
INSURING AGREEMENT
provided in Extensions of Coverage - A.2.;
We will pay for direct physical "loss" of or damage to Cov
3. Bulkheads, pilings, piers, wharves, or docks not de
ered Property at the premises described in the "Declarations" scribed in the "Declarations";
caused by or resulting from a peril insured against.
4. Bridges, roadways, patios, or other paved surfaces;
BUILDING(S) - COVERAGE 1 5. Retaining walls that are not part of a building, or not
described in the "Declarations";
A. Covered Property
Building(s) means buildings described in the "Declara 6. The cost of excavations, grading, backfilling, or fill
tions" and anything permanently attached. It also in ing;
cludes: 7. Trees, shrubs, lawns, and plants (other than trees,
1. Building equipment and fixtures servicing the prem shrubs, lawns, and plants which are part of a vegetat
ises; ed roof), except as provided in Extensions of Cover
age - A.6.;
2. Personal property you have for the service and
maintenance of the buildings and premises including, 8. Underground pipes, flues, or drains;
but not limited to the following: 9. Land (including land on which covered property is
a. Fire extinguishing equipment; located) or water; and
b. Outdoor furniture; 10. Property specifically insured in whole or in part by
c. Floor coverings; this or any other insurance.
C. Amount of Insurance
d. Appliances used for refrigerating, ventilating,
cooking, dishwashing, or laundering; and The most we will pay for "loss" or damage to any build
e. Flag poles and outdoor lights; ing described in the "Declarations" in any one occurrence
is the applicable amount of insurance shown in the "Dec
3. Vegetated roofs, including lawns, trees, shrubs, and larations" for that building subject to the applicable Au
plants which are part of a vegetated roof;
tomatic Adjustment of Coverage Amounts.
4. Glass which you own. The glass must be part of the D. Automatic Adjustment of Coverage Amounts
building or in the building described in the "Declara
tions", including glass in wall cases. This policy provides you with a guard against the effect of
inflation on construction costs for Building(s) - Coverage
Our payment for "loss" to glass will also include:
1.
a. Replacement of building glass with safety We will keep track of costs and at the next policy period
glazing materials when made necessary by
we will adjust the amount of your building coverage, if
an ordinance or building code;
necessary. Your premium will be adjusted at each policy
b. Replacement of lettering, ornamentation, or period to reflect any change in the amount of insurance.
burglar alarm foil;
During the policy period, if there is an increase in con
c. Repair or replacement of frames; struction costs and a "loss" occurs, we will reflect the in
d. Installation of temporary coverings; and crease in the amount of insurance for Building(s) - Cover
age 1 before making payment. The amount of increase in
e. Removal of obstructions;
the amount of insurance will be:
5. Exterior signs, lights, and clocks which you own. Ex-
Electronroir Wdj/04/2 cOndl5ocks(mM,pbAipfWaV:2tJy3322Q4 / Confirmation Nbr. 1993170 / CLMRB
1
1. The amount of insurance that applied to your covered b. Replacement of lettering, ornamentation, or bur
building(s) on the most recent of: the policy inception glar alarm foil;
date, the policy anniversary date, or any other policy
c. Repair or replacement of frames;
change amending the amount of insurance, times;
d. Installation of temporary coverings; and
2. The percentage of annual increase shown in the
"Declarations", expressed as a decimal (example: 8%
is .08), times; while in or on the described buildings, or in the open, or
in a vehicle on the premises described in the "Declara
3. The number of days since the beginning of the cur
rent policy period or the effective date of the most re tions" or within 1,500 feet thereof.
cent policy change amending the amount of insurance Our payment for "loss" of or damage to personal property
to your covered building(s), divided by 365. of others will only be made to the owner of the property.
There will be no charge for this additional coverage. B. Property Not Covered
Business Personal Property and Personal Property of Oth
If the amount of insurance shown in the "Declarations"
for Building(s) - Coverage 1 is inadequate, these adjust ers does not apply to:
ments may not be sufficient to provide full recovery 1. "Automobiles" held for sale;
should a "loss" occur. 2. Vehicles or self-propelled machines (including "air
BUSINESS PERSONAL PROPERTY AND PERSONAL craft" or watercraft) that:
PROPERTY OF OTHERS - COVERAGE 2 a. Can be licensed for use on public roads, except
vehicles that are solely used to service the prem
A. Covered Property
ises described in the "Declarations"; or
b. Are operated principally away from the premises
ers means:
described in the "Declarations".
1. Personal property pertaining to your business, profes
This paragraph does not apply to:
sional or institutional activities, including leased-
a. Vehicles or self-propelled machines or "automo
property for which you are contractually responsible;
biles" you manufacture, process, or warehouse;
2. Personal property of others that is in your care, cus
b. Vehicles or self-propelled machines, other than
tody, or control;
"automobiles", you hold for sale;
3. Labor, materials, or services furnished or arranged by
you on personal property of others; c. Rowboats or canoes out of water at the premises
described in the "Declarations"; or
4. Your use interest as a tenant in improvements and
betterments. Improvements and betterments are fix d. Trailers, but only to the extent provided for in
tures, alterations, installations, or additions: the Extensions of Coverage - B.21.;
a. Made a part of the building or structure you oc 3. "Money" and "securities", except as provided in Ex
cupy but do not own; and tensions of Coverage - B.4., B.6., B.9., and B.19.;
b. You acquired or made at your expense but can 4. Your property sold on installment or deferred pay
not legally remove; ment plans after delivery to customers;
5. Exterior signs, lights, and clocks which you own or 5. Household and personal articles of the insured, the
insured's partners, members or managers of a limited
which are in your care, custody, or control and for
which you are contractually responsible. Exterior liability company, the insured's officers, or the in
signs, lights, and clocks must be permanently at sured's employees, except as provided in Extensions
tached to the building on the premises described in of Coverage - B.23.;
the "Declarations" or if unattached to the building, 6. Trees, shrubs, lawns, and plants, except as provided
must be permanently mounted on the premises de in Extensions of Coverage - A.6.;
scribed in the "Declarations"; 7. Crops and growing crops while outside of buildings;
6. Glass which is in your care, custody, or control and
8. Contraband or property in the course of illegal trans
for which you are contractually responsible. The portation or trade;
glass must be part of the building described in the
9. "Electronic data" including the cost to research, re
"Declarations", including glass in wall cases.
place, or restore the information on "electronic data"
Our payment for "loss" to glass will also include: or magnetic media, except as provided in Section IV
a. Replacement of building glass with safety glaz - Additional Coverages - C.2.;
ing materials when made necessary by an ordi
nance or building code;
2
We will cover "electronic data" which is integrated in INCOME PROTECTION - COVERAGE 3
and operates or controls the building's elevator, light
ing, heating, ventilation, air conditioning, or security A. Income Protection Coverage
systems. Income Protection means loss of "income" and/or "rental
income" you sustain due to partial or total "interruption of
10. The cost to research, replace, or restore the infor
mation on valuable papers and records, except as business" resulting directly from "loss" or damage to
property on the premises described in the "Declarations"
provided in Extensions of Coverage - B.29. Valuable
papers and records include proprietary information; from a peril insured against. "Loss" or damage also in
written, printed, or inscribed documents and records; cludes covered property in the open, or in a vehicle, on
including books, maps, films, abstracts, drawings, the premises described in the "Declarations" or within
1,500 feet thereof.
deeds, mortgages, card index systems, and manu
scripts; If you are a tenant, your premises are the portion of the
building described in the "Declarations" which:
11. Fine arts, except as provided in Extensions of Cover
age - B.13. Fine arts include paintings; etchings; pic 1. You rent, lease, or occupy;
tures; tapestries; rare or art glass; art glass windows; 2. All routes within the building that service or are used
valuable rugs; statuary; sculptures; antique furniture; to gain access to the described premises; and
antique jewelry; porcelains; and similar property of
3. The area within 1,500 feet of the premises described
rarity, historic value, or artistic merit; in the "Declarations" (with respect to "loss" or dam
12. Animals, unless owned by others and boarded by you age to covered property in the open or in a vehicle).
or if owned by you as stock while inside the building
You are required to resume normal business operations as
described in the "Declarations"; promptly as possible and shall use all available means to
13. "Mobile equipment": eliminate any unnecessary delay.
a. While being used or stored away from the prem B. Extra Expense Coverage
ises described in the "Declarations"; or "Extra expense" coverage is provided at the premises de
b. While at or being transported to or from job sites scribed in the "Declarations".
away from the premises described in the "Decla "Extra expense" means necessary expenses you incur due
rations"; and to partial or total "interruption of business" resulting di
14. Property specifically insured in whole or in part by rectly from "loss" or damage to property on the premises
this or any other insurance. described in the "Declarations" from a peril insured
C. Amount of Insurance against. "Loss" or damage also includes property in the
open, or in a vehicle, on the premises described in the
The most we will pay for "loss" or damage to business
"Declarations" or within 1,500 feet thereof.
personal property and personal property of others on the
premises described in the "Declarations" in any one oc We will pay necessary actual and necessary "extra ex
currence is the applicable amount of insurance shown in penses" (other than the expense to repair or replace prop
erty) sustained by you to:
the "Declarations" for Business Personal Property and
Personal Property of Others on that premises. 1. Avoid or minimize the "interruption of business" and
D. Automatic Adjustment of Coverage Amounts to continue your business operations:
This policy provides you with a guard against the effect of a. At the premises described in the "Declarations";
inflation on costs for Business Personal Property and Per or
sonal Property of Others - Coverage 2. b. At replacement premises or at temporary loca
We will keep track of costs and at the next policy period tions, including:
we will adjust the amount of your business personal prop 1) Relocation expenses; and
erty and personal property of others coverage, if neces 2) Costs to equip and operate the replacement
sary. Your premium will be adjusted at each policy period
or temporary locations.
to reflect any change in the amount of insurance.
2. Minimize the "interruption of business" if you cannot
There will be no charge for this additional coverage. continue your business operations to the extent it re
If the amount of insurance shown in the "Declarations" duces the amount of loss that would have been paya
for Business Personal Property and Personal Property of ble under loss of "income" and/or "rental income".
Others - Coverage 2 is inadequate, these adjustments may We will not pay any "loss" or damage to your Building(s)
not be sufficient to provide full recovery should a "loss" or Business Personal Property and Personal Property of
occur. Others. We also will not pay the cost of research or any
other expense to replace or restore your valuable papers
and records or "electronic data".. We will pay the cost to
Electronically Filed 05/04/2020 15:25 / COMPLAINT / CV 20 34 / Confirmation Nbr. 1993170 / CLMRb
3
repair or replace your covered property and the amount to b. The date on which repair, replacement, or re
research, replace, or restore the lost information on dam building of such part of the damaged or de
aged valuable papers and records or "electronic data" to stroyed property described in the "Declarations"
the extent it reduces the amount of loss that would have is actually completed.
been payable under loss of "income" and/or "rental in D. Amount of Insurance
come".
We will pay the actual loss of "income" and/or "rental in
C. Additional Coverages come" sustained by you.
1. Civil Authority The "income" and/or "rental income" loss sustained by
When a peril insured against causes damage to prop you shall not exceed:
erty other than property at the premises described in 1. The actual reduction of "income" and/or "rental in
the "Declarations", we will pay for the actual loss of
come" during the "interruption of business"; and
"income" and/or "rental income" you sustain and
necessary "extra expense" caused by action of civil 2. The reduction in rents received less charges and ex
penses which do not necessarily continue during the
authority that prohibits access to the premises de
scribed in the "Declarations" provided that both of "interruption of business" or during the period when
the following apply: the tenant cannot inhabit the premises.
We will pay up to $100 a day, for seven days, after your
a. Access to the area immediately surrounding the
business is suspended to cover loss of "income" and/or
damaged property is prohibited by civil authority
"rental income" sustained by you while you are determin
as a result of the damage, and the premises de
scribed in the "Declarations" are within that area ing your actual income protection loss. The amount paid
will be subtracted from your actual loss of "income"
but are not more than one mile from the damaged
property; and and/or "rental income".
b. The action of civil authority is taken in response We will pay the actual income protection loss for only
such length of time as would be required to resume nor
to dangerous physical conditions resulting from
the damage or continuation of the peril insured mal business operations. We will limit the time period to
against that caused the damage, or the action is the shorter of the following periods:
taken to enable a civil authority to have unim 1. The time period required to rebuild, repair, or replace
peded access to the damaged property. such part of the Building or Business Personal Prop
Civil Authority coverage for "income" and/or "rental erty that has been damaged or destroyed as a direct
result of an insured peril; or
income" will begin 72 hours after the time of the first
2. Twelve (12) consecutive months from the date of
action of civil authority that prohibits access to the
premises described in the "Declarations" and will ap loss.
ply for a period of up to four consecutive weeks from Payment of loss of "income" and/or "rental income" is not
the date on which such coverage began. limited by the end of the policy period.
Civil Authority coverage for "extra expense" will SECTION II - PERILS INSURED AGAINST
begin immediately after the time of the first action of
civil authority that prohibits access to the premises
described in the "Declarations" and will end: BUSINESS PERSONAL PROPERTY AND PERSONAL
a. Four consecutive weeks after the date of that ac PROPERTY OF OTHERS - COVERAGE 2
tion; or
b. When your Civil Authority coverage for "in
come" and/or "rental income" ends; whichever is Covered Cause of Loss
later. This policy insures against direct physical "loss", except
"loss" as excluded or limited in this policy.
2. Full Resumption of Operations
We will also pay your actual loss of "income" and/or
"rental income" for an additional 60 days if your "in
A. Coverages 1, 2, and 3
come" and/or "rental income" after operations are re
We do not cover under Building(s) - Coverage 1; Busi
sumed is less than your "income" and/or "rental in
come" before the loss. The additional amount we will ness Personal Property and Personal Property of Others -
pay will start after the later of the following times: Coverage 2; and Income Protection - Coverage 3 "loss" or
damage caused directly or indirectly by any of the follow
a. The date on which the liability for Income Pro
ing. Such "loss" or damage is excluded regardless of any
tection - Coverage 3 would terminate if this cause or event that contributes concurrently or in any se
clause had not been included; or quence to the "loss":
4
1. Deterioration or depreciation. Volcanic action means direct "loss" or damage result
2. Intentional loss, meaning any "loss" arising from an ing from the eruption of a volcano when the "loss" or
damage is caused by:
act committed by or at the direction of the insured
with the intent to cause a "loss". a. Airborne volcanic blast or airborne shock waves;
3. "Loss" or damage caused by or resulting from any of b. Ash, dust, or particulate matter; or
the following:
c. Lava flow.
a. By weather conditions, but only if weather con
All volcanic eruptions that occur within any 168-hour
ditions contribute in any way with a peril ex
period will constitute a single occurrence.
cluded in Part A. of Section III - Exclusions to This does not include the cost to remove ash, dust, or
produce the "loss";
particulate matter that does not cause direct "loss" to
b. By acts or decisions, including the failure to act
the covered property.
or decide, of anyone; This exclusion does not apply to property being
c. By faulty, inadequate, or defective:
transported.
1) Planning, zoning, development, surveying; 6. Water
2) Design, specifications, workmanship, repair, a. Flood, surface water, waves (including tidal wa
construction, renovating, remodeling, grad
ter and tsunami), tides, tidal wave, overflow of
ing, or compaction; any body of water, or spray from any of these, all
3) Materials used in repair, construction, reno whether or not driven by wind (including storm
vation, remodeling; or surge);
4) Maintenance; b. Mudslide or mudflow;
of property whether on or off the insured premises by c. By water or sewage which backs up through
anyone, but if "loss" by a peril insured against results, sewers or drains or which enters into and over
we will pay for the ensuing "loss". flows or is otherwise discharged from a sewer,
4. Neglect of an insured to use all reasonable means to drain, sump pump, sump pump well, or any other
save and preserve property from further damage at system designed to remove subsurface water
and after the time of "loss". which is drained from the foundation area;
d. Water under the ground surface pressing on, or
5. Earth Movement
flowing or seeping through:
a. Earthquake, including tremors and aftershocks,
and any earth sinking, rising, or shifting related 1) Foundations, walls, floors, or paved surfac
to such event; es;
b. Landslide, including any earth sinking, rising, or 2) Sidewalks or driveways;
shifting related to such event; 3) Basements, whether paved or not; or
c. Mine subsidence, meaning subsidence of a man 4) Doors, windows, or other openings.
made mine, whether or not mining activity has e. Water from a broken water main. However, this
ceased; or exclusion does not apply to water flowing or
d. Earth sinking (other than sinkhole collapse), ris seeping from a broken water main where the
ing, or shifting including soil conditions which break occurs on the premises described in the
cause settling, cracking or other disarrangement "Declarations".
of foundations, or other parts of realty. Soil con f. Waterborne material carried or otherwise moved
ditions include contraction, expansion, freezing,
by any of the water referred to in Paragraphs
thawing, erosion, improperly compacted soil, 6.a., 6.c., 6.d., or 6.e. or material carried or oth
and the action of water under the ground surface. erwise moved by mudslide or mudflow.
This exclusion applies regardless of whether any of
the above, in Paragraphs 5.a. through 5.d., is caused
the above, in Paragraphs 6.a. through 6.f., is caused
by an act of nature or is otherwise caused.
by an act of nature or is otherwise caused. An exam
But if Earth Movement, as described in 5.a. through ple of a situation to which this exclusion applies is
5.d. above, results in fire, explosion, sprinkler leak the situation where a dam levee, seawall, or other
age, volcanic action, or building glass breakage, we boundary or containment system fails in whole or in
will pay for the "loss" or damage caused by such per part, for any reason, to contain the water.
ils.
But if Water, as described in 6.a. through 6.f. results
in fire, explosion, sprinkler leakage, volcanic action,
5
or building glass breakage, we will pay for the "loss" except as provided in Section IV. Additional Cov
or damage caused by such perils. erages, D. Equipment Breakdown, 2.h. and 2.i. and
Extensions of Coverage - A.5. and A.7., unless a
If electrical "covered equipment" requires drying out
because of Paragraphs 6.a. through 6.c., we will pay covered "loss" ensues, and then only for ensuing
for the direct expenses of such drying out subject to "loss".
the applicable Amount of Insurance and deductible
Failure of any utility service includes lack of suffi
for Building(s) - Coverage 1 and Business Personal cient capacity and reduction in supply.
Property and Personal Property of Others - Coverage
2. "Loss" or damage caused by a surge of power is also
excluded, if the surge would not have occurred but
This exclusion does not apply to property being
for an event causing a failure of power.
transported.
7. War Communication services include but are not limited
to service relating to Internet access or access to any
a. War including undeclared or civil war;
electronic, cellular, or satellite network.
b. Warlike action by a military force, including ac
tion in hindering or defending against an actual
Exclusions A.5. through A.11. apply whether or not the
loss event results in widespread damage or affects a sub
or expected attack, by any government, sover
stantial area.
eign, or other authority using military personnel
or other agents; or B. Coverages 1, 2, and 3
c. Insurrection, rebellion, revolution, usurped pow We do not cover under Building(s) - Coverage 1, Busi
er, or action taken by governmental authority in ness Personal Property and Personal Property of Others -
hindering or defending against any of these. Coverage 2, and Income Protection - Coverage 3 "loss" or
damage caused:
With respect to any action that comes within the
terms of this exclusion and involves nuclear reaction 1. By:
or radiation, or radioactive contamination, this War a. Wear and tear, rust, or corrosion;
exclusion supersedes Paragraph A.9. of Section III - b. Change in flavor, color, texture, or finish;
Exclusions, the nuclear hazard exclusion.
c. Damp or dry air;
8. Seizure or destruction of covered property by order
d. Inherent vice;
of governmental authority, except as provided in Ex
tensions of Coverage - B.3. and Income Protection - e. Smog;
Coverage 3, C. Additional Coverages. f. Latent or hidden defect;
We will also cover "loss" caused by acts of destruc g. Marring or scratching;
tion ordered by governmental authority to prevent the h. Smoke, vapor, or gases from agricultural or in
spread of a fire. dustrial operations;
9. Nuclear reaction or radiation or radioactive contami
i. Settling, cracking, shrinking, bulging or expan
nation unless fire ensues, and then only for ensuing
sion of pavements, foundations, walls, floors,
"loss".
roofs, or ceilings;
10. By the enforcement of or compliance with any law or j. Termites, vermin, insects, rodents, birds (except
ordinance regulating the construction, use, or repair
glass breakage), skunks, raccoons, spiders, or
of any property, or requiring the tearing down of any
reptiles; or
property, including the cost of removing its debris,
k. Mechanical breakdown, including rupture or
except as provided in Extensions of Coverage - B.3.,
bursting caused by centrifugal force (except as
B.7., and B.8.
provided in Section IV - Additional Coverages,
11. The failure of power, communication, water, or other D. Equipment Breakdown Coverage).
utility service supplied to the insured premises, how
unless a covered "loss" including "accident" or "elec
ever caused, if the failure:
tronic circuitry impairment" ensues, and then only for
a. Originates away from the insured premises de ensuing "loss".
scribed in the "Declarations"; or
2. By discharge, dispersal, seepage, migration, release,
b. Originates at the premises described in the "Dec
or escape of "pollutants" unless the discharge, disper
larations", but only if such failure involves
sal, seepage, migration, release, or escape is itself
equipment used to supply the utility service to
caused by a peril insured against. But if "loss" or
the premises described in the "Declarations"
damage by a peril insured against results from the
from a source away from the premises described
discharge, dispersal, seepage, migration, release, or
in the "Declarations";
6
escape of "pollutants", we will pay for the resulting for the "loss" or damage caused by the peril insured
damage caused by the peril insured against. against.
3. By mysterious disappearance, unexplained loss, or Exclusion B.7. does not apply:
inventory shortage. We will accept inventory records
a. To the extent that coverage is provided in Sec
as a means of proving the amount of a covered "loss". tion IV - Additional Coverages, A. Collapse;
4. By the presence, growth, proliferation, spread or any or
activity of "fungus", wet or dry rot, or bacteria. b. To collapse caused by one or more of the follow
But, if "fungus", wet or dry rot, or bacteria results in ing:
a covered loss from a peril insured against, we will 1) Fire; lightning; windstorm; hail; explosion;
pay for the "loss" or damage caused by that peril in smoke; aircraft; vehicles; riot; civil commo
sured against. tion; vandalism or malicious mischief;
This exclusion does not apply: breakage of building glass; falling objects;
a. When "fungus", wet or dry rot, or bacteria results weight of snow, ice, or sleet; sinkhole col
from fire or lightning; or lapse; or volcanic action.
b. To the extent that coverage is provided in Sec Sinkhole collapse means "loss" caused by
tion IV - Additional Coverages - B. Limited sudden sinking or collapse of land into un
Coverage For "Fungus", Wet Rot, Dry Rot, derground empty spaces created by the ac
And Bacteria, with respect to "loss" or damage tion of water on limestone or dolomite.
caused by a peril insured against other than fire This peril does not include:
or lightning. a) The cost of filling sinkholes, except to
5. By continuous or repeated seepage or leakage of wa the extent that coverage is provided in
ter or the presence or condensation of humidity, Section IV - Additional Coverages, A.
moisture, or vapor, that occurs over a period of 14 Collapse; or
days or more. b) "Loss" or damage to property caused by
6. By freezing due to temperature reduction to plumb or resulting from the sinking or collapse
ing, heating, air conditioning or other equipment or of land into man-made underground
appliances (except fire protective systems) or by wa cavities.
ter, other liquids, powder or molten material that
2) Water damage resulting from the accidental
leaks or flows from such items while the described discharge or leakage of water or steam as the
building is vacant for more than 60 consecutive days, direct result of the breaking apart or crack
unless you have exercised reasonable care to:
ing of any part of plumbing, heating, air
a. Maintain heat in the building; or conditioning, or other equipment or appli
b. Shut off the water supply and drain the system or ances, but does not include damage from a
appliance of water. sump pump, sump pump well, or any other
system designed to remove subsurface water
We will pay the cost to tear out and replace any part
which is drained from the foundation areas;
of the building described in the "Declarations" to re
pair damage to the system or appliance from which 3) Breakage of building glass;
the water, other liquids, powder or molten material 4) Weight of rain that collects on a roof; or
escapes. 5) Weight of people or personal property.
We will not pay for the cost to repair or replace any
8. By explosion of, including resulting damage to,
defect in the system or appliance that caused the
steam boilers, steam pipes, steam turbines, or steam
"loss" or damage.
engines if owned by, leased by, or operated under
7. By collapse, including any of the following condi your control (except as provided in Section IV. Ad
tions of property or any part of the property: ditional Coverages, D. Equipment Breakdown
a. An abrupt falling down or caving in; Coverage). We also do not cover damage to these
b. Loss of structural integrity, including separation caused by any condition or occurrence within the
of parts of the property or property in danger of boilers, pipes, turbines, or engines (except as provid
falling down or caving in; or ed in Section IV. Additional Coverages, D.
c. Any cracking, bulging, sagging, bending, lean Equipment Breakdown Coverage). We will pay
for "loss" from the explosion of gases or fuel within
ing, settling, shrinkage, or expansion as such
condition relates to a. or b. above. the combustion chamber, flues, or passages of any
fired vessel. We will also pay for "loss" by ensuing
But if collapse results in a peril insured against at the fire or explosion not included in this paragraph.
EilectropWFil(df0tSib4d!ffi(thfi5"DcCOMPL&NT /W 20P932204
/ Confirmation Nbr. 1993170 / CLMRB
7
9. To hot water boilers or other water heating equip C. Coverage 1
ment caused by a condition or occurrence within the We do not cover under Building(s) - Coverage 1 "loss"
boilers or equipment other than an explosion (except or damage caused:
as provided in Section IV. Additional Coverages,
1. To fences, pavements, outdoor swimming pools and
D. Equipment Breakdown Coverage).
related equipment, retaining walls, bulkheads, piers,
10. By artificially generated electrical current including wharves or docks, when covered under the policy, by
electric arcing (except as provided in Section IV. freezing or thawing, impact of watercraft, or by the
Additional Coverages, D. Equipment Breakdown pressure or weight of ice or water whether driven by
Coverage), unless fire or explosion ensues, and then wind or not.
only for ensuing "loss".
2. To building materials and supplies not attached as
11. To the interior of the building or the contents by rain, part of the building, unless held for sale by you,
snow, sand, or dust, whether driven by wind or not, caused by or resulting from theft. We will cover
unless the exterior of the building first sustains dam "loss" to building materials and supplies located in
age to its roof or walls by a peril insured against. We the building on the premises described in the "Decla
will pay for "loss" caused by or resulting from the rations" caused by a peril insured against including
thawing of snow, sleet, or ice on the building. theft. We will pay up to 10% of the Building(s) -
Coverage 1 limit but not to exceed $100,000 for any
12. To outdoor radio or television antennas (including
one "loss".
satellite dishes) and its lead-in wiring, masts, or tow
ers by windstorm or hail. 3. To vegetated roofs for "loss" caused by or resulting
13. By dishonest or criminal acts (including theft) com from:
mitted by you, or any of your members of a limited a. Dampness or dryness of atmosphere or of soil
liability company, or any of your employees (includ supporting the vegetation;
ing temporary or leased employees), directors, offic b. Changes in or extremes of temperature;
ers, trustees, or authorized representatives: c. Disease;
a. Acting alone or in collusion with other persons; d. Frost or hail; or
e. Rain, snow, ice, or sleet.
or
b. While performing services for you or otherwise. D. Coverage 2
We will cover acts of destruction by your employees We do not cover under Business Personal Property and
(including temporary or leased employees) but only
Personal Property of Others - Coverage 2 "loss" or
for ensuing "loss", but there is no coverage for "loss" damage caused:
or damage: 1. From your, or anyone acting on your express or im
a. By theft by your employees (including tempo plied authority, being induced by any dishonest act to
rary or leased employees) or any person to whom voluntarily part with title or possession of any prop
you entrust property for any purpose, whether erty.
acting alone or in collusion with any other party; 2. By breakage of glassware, statuary, marble, bric-a-
or brac, porcelains, and other articles of a fragile or brit
b. Caused by or resulting from manipulation, in tle nature. We will cover such "loss" caused by fire;
cluding the introduction or enaction of any virus, lightning; aircraft; explosion; sonic boom; riot; civil
harmful code or similar instruction, of a comput commotion; smoke; vehicles; windstorm; hail; van
er system (including "electronic data") by your dalism or malicious mischief; falling objects (the ex
employees. terior of the building must first sustain damage to
roof or walls by falling objects); sinkhole collapse;
14. From any defect, programming error, programming
volcanic action; weight of ice, snow, or sleet; sprin
limitation, computer virus, malicious code, loss of
"electronic data", loss of access, loss of use, loss of kler leakage; or water damage.
functionality, or other condition within or involving 3. By rain, snow, or sleet to property in the open.
"electronic data" or "media" of any kind, except as 4. By any legal proceeding.
provided in Section IV - Additional Coverages - 5. By actual work upon property being altered, repaired,
C.1., C.2., and C.3. installed, serviced, or faulty materials or workman
15. To unattached exterior signs that will be permanently ship, unless fire ensues, and then only for "loss"
mounted caused by breakage during installation, re through ensuing fire.
pairing or dismantling, or by breakage during trans 6. By delay, loss of use, or loss of market.
portation, unless caused by fire, lightning, collision,
derailment or overturn of vehicle.
8
7. To property that has been transferred to a person or to 2. We will pay for direct physical "loss" or damage to
a place outside the premises described in the "Decla covered property, caused by abrupt collapse of a
rations" on the basis of unauthorized instructions. building or any part of a building that is insured un
8. By theft of furs and fur garments. We will pay for der this Coverage Part or that contains Covered Prop
"loss" of furs and fur garments by "burglary" up to erty insured under this Coverage Part, if such col
$10,000 for any one "loss". lapse is caused by one or more of the following:
9. By theft of gold and other precious metals and alloys. a. Building decay that is hidden from view, unless
We will pay for theft of any one article of jewelry up the presence of such decay is known to an in
to $500, but our payment will not exceed $10,000 for sured prior to collapse;
any one "loss". Jewelry means jewelry, necklaces, b. Insect or vermin damage that is hidden from
bracelets, rings, earrings, gems, precious and semi view, unless the presence of such damage is
precious stones, articles containing one or more known to an insured prior to collapse;
gems, and articles made of gold or other precious c. Use of defective material or methods in construc
metals. tion, remodeling, or renovation if the abrupt col
E. Coverage 3 lapse occurs during the course of construction,
We do not cover under Income Protection - Coverage 3: remodeling, or renovation; or
1. Increase of loss resulting from ordinance or law regu d. Use of defective material or methods in construc
lating construction or repair of buildings. tion, remodeling, or renovation if the abrupt col
lapse occurs after the course of the construction,
2. Consequential damages resulting from the breach of
remodeling, or renovation is complete, but only
contractual obligations.
if the collapse is caused in part by:
3. Increase of loss caused by or from delay in rebuild
1) A cause of loss listed in 2.a. and 2.b. above;
ing, repairing, or replacing the property or resuming
operations, due to interference at the location of the 2) Fire; lightning; windstorm; hail; explosion;
rebuilding, repair, or replacement by strikers or other smoke; aircraft; vehicles; riot; civil commo
tion; vandalism or malicious mischief;
persons.
breakage of building glass; falling objects;
weight of snow, ice, or sleet; sinkhole col
5. Increase of loss caused by or resulting from the sus lapse; or volcanic action.
pension, lapse, or cancellation of any license, lease,
Sinkhole collapse means "loss" caused by
or contract. We will pay for loss of "income" and/or
sudden sinking or collapse of land into un
"rental income" during the "interruption of business"
derground empty spaces created by the ac
and during the period of Full Resumption of Opera
tion of water on limestone or dolomite.
tions if the suspension, lapse, or cancellation is
caused by the suspension of your business. This peril does not include:
6. "Extra expense" caused by the suspension, lapse, or a) The cost of filling sinkholes, except as
cancellation of any license, lease, or contract beyond provided in Paragraph 3. below; or
the "interruption of business". b) "Loss" or damage to property caused by
7. Increase of loss resulting from ordinance or law regu or resulting from the sinking or collapse
lating the prevention, control, repair, clean-up, or res of land into man-made underground
toration of environmental damage. cavities.
8. Income protection specifically insured in whole or in 3) Water damage resulting from the accidental
part by this or any other insurance. discharge or leakage of water or steam as the
direct result of the breaking apart or crack
SECTION IV - ADDITIONAL COVERAGES ing of any part of plumbing, heating, air
A. Collapse conditioning, or other equipment or appli
ances, but does not include damage from a
The coverage provided under this Additional Coverage -
sump pump, sump pump well, or any other
Collapse applies only to an abrupt collapse as described system designed to remove subsurface water
and limited in A.1. through A.7.:
1. For the purpose of this Additional Coverage - Col
4) Breakage of building glass;
lapse, abrupt collapse means an abrupt falling down
or caving in of a building or any part of a building 5) Weight of people or personal property; or
with the result that the building or part of the building 6) Weight of rain that collects on a roof.
cannot be occupied for its intended purpose. 3.We will pay up to $20,000 for expenses involved in
replacing, stabilizing, refilling, or rebuilding the land
9
necessary to support the building described in the that kind of property is considered to be business
"Declarations" damaged by sinkhole collapse. This personal property or real property.
payment of $20,000 is an additional amount of insur The coverage stated in this Paragraph 6. does not ap
ance and will increase the total amount of insurance
ply to business personal property and personal prop
available. erty of others if marring and/or scratching is the only
4. This Additional Coverage - Collapse does not apply damage to that business personal property and per
to: sonal property of others caused by the collapse.
a. A building or any part of a building that is in 7. This Additional Coverage - Collapse does not apply
danger of falling down or caving in; to business personal property and personal property
b. A part of a building that is standing, even if it of others that has not abruptly fallen down or caved
has separated from another part of the building; in, even if the business personal property and person
al property of others shows evidence of cracking,
or
c. A building that is standing or any part of a build bulging, sagging, bending, leaning, settling, shrink
age, or expansion.
ing that is standing, even if it shows evidence of
cracking, bulging, sagging, bending, leaning, set 8. This Additional Coverage - Collapse will not in
tling, shrinkage, or expansion. crease the Amounts of Insurance provided in this
Coverage Part, other than what is provided above in
5. With respect to the following property:
Section IV - Additional Coverage - Collapse, par
a. Outdoor radio or television antennas (including
agraph A. 3.
satellite dishes) and its lead-in wiring, masts, or
9. The term peril insured against includes the Addition
towers;
al Coverage - Collapse as described and limited in
b. Awnings, gutters, and downspouts;
A.1. through A.7.
c. Yard fixtures;
B. Limited Coverage for "Fungus", Wet Rot, Dry Rot,
d. Outdoor swimming pools; And Bacteria
e. Fences; 1. The coverage described in Paragraphs 2. through 6.
f. Piers, wharves, and docks; below only applies when the "fungus", wet or dry rot,
g. Beach or diving platforms or appurtenances; or bacteria is the result of a peril insured against, oth
er than fire and lightning, that occurs during the poli
h. Retaining walls; and
cy period and only if all reasonable means were used
i. Walks, roadways, and other paved surfaces; to save and preserve the property from further dam
if an abrupt collapse is caused by a cause of "loss" age at the time of and after that occurrence.
listed in 2.a. through 2.d., we will pay for "loss" or 2. We will pay for "loss" or damage by "fungus", wet or
damage to that property listed in 5.a. through 5.i. on dry rot, or bacteria. As used in this Limited Cover
ly if: age, the term "loss" or damage means:
a. Such "loss" or damage is a direct result of the ab a. Direct physical "loss" or damage to Covered
rupt collapse of a building insured under this Property caused by "fungus", wet or dry rot, or
Coverage Part; and bacteria, including the cost of removal of the
b. The property is Covered Property under this "fungus", wet or dry rot, or bacteria;
Coverage Part. b. The cost to tear out and replace any part of the
6. If business personal property and personal property building or other property as needed to gain ac
of others falls down or caves in and such collapse is cess to the "fungus", wet or dry rot, or bacteria;
and
not the result of an abrupt collapse of a building, we
will pay for "loss" or damage to insured property c. The cost of testing performed before, during, or
caused by such collapse of business personal property after removal, repair, replacement, or restoration
and personal property of others only if: of the damaged property is completed, provided
a. The collapse of business personal property and there is a reason to believe that "fungus", wet or
personal property of others was caused by a dry rot, or bacteria are present.
cause of loss listed in 2.a. through 2.d.; 3. The coverage described in Paragraph 2. above of this
Limited Coverage is limited to $25,000. Regardless
b. The business personal property and personal
of the number of claims, this limit is the most we will
property of others which collapses is inside a
pay for the total of all "loss" or damage arising out of
building; and
all occurrences caused by a peril insured against, oth
c. The property which collapses is not of a kind
er than fire and lightning, which takes place in a 12
listed in 5.a. through 5.i., regardless of whether month period (starting with the beginning of the pre-
10
sent annual policy period). With respect to a particu results in "fungus", wet or dry rot, or bacteria, we
lar occurrence of "loss" which results in "fungus", will not pay more than a total of $25,000 for loss of
wet or dry rot, or bacteria, we will not pay more than "income" and/or "rental income" even if the "fun
a total of $25,000 even if the "fungus", wet or dry rot, gus", wet or dry rot, or bacteria continues to be pre
or bacteria continues to be present, active, or recurs, sent or active, or recurs in a later policy period result
in a later policy period. ing in an "interruption of business".
4. The coverage provided under this Limited Coverage 8. This coverage does not apply to lawns, trees, shrubs,
does not increase the applicable Amounts of Insur or plants which are part of a vegetated roof.
ance on any Covered Property. If a particular occur
C. Electronic Data Processing Equipment and Electronic
rence results in "loss" or damage by "fungus", wet or Data Coverage
dry rot, or bacteria, and other "loss" or damage, we Payments under this Electronic Data Processing Equip
will not pay more, for the total of all "loss" or dam ment, Electronic Data Coverage, and Income Protection
age, than the applicable Amounts of Insurance on the
affected Covered Property. are an Additional Amount of Insurance and will increase
the total amount of insurance available for the coverage
If there is a covered "loss" or damage to Covered involved.
Property, not caused by "fungus", wet or dry rot, or
bacteria, our loss payment will not be limited by the 1. Electronic Data Processing Equipment - Comput
terms of this Limited Coverage, except to the extent er Virus
that "fungus", wet or dry rot, or bacteria causes an in We will cover "loss" or damage to "electronic data
crease in the "loss". Any such increase in the "loss" processing equipment" caused by magnetic injury or
will be subject to the terms of this Limited Coverage. computer virus. We will pay up to $15,000 for any
5. The terms of this Limited Coverage do not increase one "loss" to "electronic data processing equipment".
or reduce the coverage provided under Exclusions We do not cover:
B.4. Coverages 1, 2, and 3 in Section III - Exclu
a. "Electronic data processing equipment" which
sions or under Section IV - Additional Coverages -
A. Collapse. the insured rents or leases to others while it is
away from the premises described in the "Decla
6. The following Paragraphs 6. a. or 6. b. applies only if rations".
the "interruption of business" satisfies all terms and
b. "Loss" caused by processing operations or "loss"
conditions of Income Protection - Coverage 3.
that occurred while the insured property is being
a. If the covered loss which resulted in "fungus", worked on unless fire or explosion ensues, and
wet or dry rot, or bacteria does not itself necessi then only for "loss", damage, or expense caused
tate an "interruption of business", but such "in by the ensuing fire or explosion.
terruption of business" is necessary due to "loss"
"Electronic data processing equipment" means com
or damage to covered property caused by "fun
puters, terminals, teleprinters, readers, telephone sys
gus", wet or dry rot, or bacteria, then we will pay
tems, computerized cash registers, word processing
the actual loss of "income" and/or "rental in
equipment, and equipment and parts related to the
come" sustained by you in a period of not more
processing unit.
than 30 days. The days need not be consecutive.
"Electronic data processing equipment" does not in
b. If the "interruption of business" was caused by
clude computer operated or controlled production or
loss or damage other than "fungus", wet or dry
processing machinery or equipment or a separate
rot, or bacteria but remediation of "fungus", wet
computer or computerized control panels used to op
or dry rot, or bacteria prolongs the "interruption
erate the production or processing machinery or
of business", we will pay the actual loss of "in
equipment.
come" and/or "rental income" sustained by you
during the delay (regardless of when such a de We will pay for "loss" to "electronic data processing
lay occurs during the "interruption of business") equipment" which is in excess of the deductible
in a period of not more than 30 days. The days amount shown in the "Declarations".
need not be consecutive. 2. Electronic Data - Expenses for Reproduction or
7. The coverage described under Paragraph 6.a. and 6.b. Replacement
of this Limited Coverage is limited to $25,000. Re We will cover the expenses incurred to reproduce or
gardless of the number of claims, this limit is the replace your "electronic data" when destruction or
most we will pay for the total of all loss of "income" corruption is caused by a peril insured against includ
and/or "rental income" arising out of your "interrup ing loss by theft. This includes your "electronic data"
tion of business" in a 12-month period (starting with that is destroyed or corrupted by magnetic injury, vi
the beginning of the present annual policy period). rus, harmful code, or similar instruction introduced
ElectronWlHyresjeet05/G4/20)20c13;i25}£Q.0MftLAtN ToAC\VI20l932204 / Confirmation Nbr. 1993170 / CLMRB
11
into or enacted on a computer system (including tions, or computer systems involved is $25,000.
"electronic data") or a network to which it is connect If the loss payment relating to the first interrup
ed, designed to damage or destroy any part of the sys tion does not exhaust this amount of insurance,
tem or disrupts its normal operation. then the balance is available for loss or expense
Coverage is limited to "electronic data" which is sustained or incurred as a result of subsequent in
owned by you or licensed or leased to you, originates terruptions during that policy year. With respect
and resides in your computers. to any interruption which begins in one policy
This Additional Amount of Insurance does not apply year and continues or results in additional loss or
expense in a subsequent policy year(s), all loss
to "electronic data" which is integrated in and oper
ates or controls the building's elevator, lighting, heat and expense is deemed to be sustained or in
ing, ventilation, air conditioning, or security systems. curred in the policy year in which the interrup
tion began.
"Loss" or damage to "electronic data" will be valued c. This Income Protection coverage does not apply
at the cost of reproduction or replacement including to loss sustained or expense incurred after the
the cost of data entry, re-programming, and computer end of the period of restoration even if the
consultation services. But we will not pay the cost to
$25,000 amount of insurance has not been ex
duplicate research that led to the development of your hausted.
"electronic data". d. Coverage for Income Protection does not apply
To the extent that "electronic data" is not reproduced when "interruption of business" is due to damage
or replaced, the "loss" will be valued at the cost of or corruption of "electronic data", or any "loss"
replacement of the "media" on which "electronic da to "electronic data", except as provided under
ta" was stored, with blank "media" of substantially Paragraphs a. through c. of this Income Protec
identical type. tion - Computer Operations.
The most we will pay for the expenses incurred in the No deductible applies to Income Protection - Com
reproduction or replacement of your "electronic data" puter Operations.
is $25,000.
4. Exclusions - Electronic Data - Expenses for Re
"Media" means materials on which "electronic data" production or Replacement and Income Protec
are recorded, such as magnetic tapes, disc packs, pa tion - Computer Operations
per tapes, and cards.
We do not cover under Electronic Data - Expenses
We will pay for the expenses incurred in the repro
for Reproduction or Replacement and Income Protec
duction or replacement of your "electronic data" tion - Computer Operations :
which is in excess of the deductible amount shown in
a. "Media" and "electronic data" which cannot be
the "Declarations".
replaced with the same kind or quality.
b. Program support documentation such as flow
3. Income Protection - Computer Operations charts, record formats, or narrative descriptions
a. Income Protection - Coverage 3 is extended to unless they are converted to "electronic data"
cover your loss of "income" you sustain due to form and then only in that form.
partial or total "interruption of business" result c. "Loss" caused by errors or omissions or defi
ing directly from an interruption in your comput ciency in design, specifications, materials, or
er operations due to your "electronic data" being workmanship, unless fire or explosion ensues,
destroyed or corrupted caused by a peril insured and then only for "loss", damage, or expense
against including loss by theft. This includes caused by the ensuing fire or explosion.
your loss of "income" resulting from your "elec
d. "Loss" caused by errors or omissions in pro
tronic data" that is destroyed or corrupted by
magnetic injury, virus, harmful code, or similar gramming or processing operations or "loss" that
occurred while the insured property is being
instruction introduced into or enacted on a com
worked on unless fire or explosion ensues, and
puter system (including "electronic data") or a
then only for "loss", damage, or expense caused
network to which it is connected, designed to
by the ensuing fire or explosion.
damage or destroy any part of the system or dis
rupt its normal operation. e. "Loss" or damage caused by or resulting from
manipulation, including the introduction or enac
b. The most we will pay for your loss of "income"
tion of any virus, harmful code, or similar in
due to "interruption of business" resulting from
struction of a computer system (including "elec
an interruption to your computer operations in
tronic data") by any employee, including a tem
any one policy year, regardless of the number of
porary or leased employee, or by an entity re-
interruptions or the number of premises, loca-
Electronically Filed05/04/2020 15:25 / COMPLAINT / CV 20 9 )4 / ConfirmatiOniNdrb119'93l1,7or/ CLMRB to mspeck design, in-
12
stall, modify, maintain, repair, or replace that This includes the additional expenses to
system. clean up or dispose of such property.
D. Equipment Breakdown Coverage 2) This does not include contamination of Cov
The term Covered Cause of Loss in Section II - Perils ered Property by refrigerant, including but
Insured Against includes the Additional Coverage - not limited to ammonia, which is addressed
Equipment Breakdown Coverage as described and lim in Paragraph 2.a. above. As used in this cov
ited below. Without an "accident" or "electronic circuitry erage, additional costs mean those beyond
impairment", there is no Equipment Breakdown Cover what would have been payable under this
age. This Additional Coverage - Equipment Break coverage had no "hazardous substance" been
down Coverage is subject to the policy deductible shown involved.
in the "Declarations". 3) We will pay up to $25,000 for "loss", dam
1. We will pay for direct physical damage to Covered age or expense under this coverage, includ
Property that is the direct result of an "accident" or ing actual loss of "income" and "rental in
"electronic circuitry impairment". We will consider come" you sustain due to partial or total "in
"electronic circuitry impairment" to be physical dam terruption of business" and necessary "extra
age to "covered equipment". expense" you incur.
2. The following coverages also apply to the direct re e. Off Premises Equipment Breakdown
sult of an "accident" or "electronic circuitry impair 1) We will pay for physical damage to trans
ment". However, with respect to Off-Premises Utili portable "covered equipment" that, at the
ty Properties Failure below and Section VIII - time of the "accident" or "electronic circuit
Extensions of Coverage - B. 5. Contingent Busi ry impairment", is at a location you do not
ness Interruption coverages provided in this Cover own, lease or operate. As respects to this Off
age Part, coverage will only apply to the direct result Premises Equipment Breakdown coverage
of an "accident" and will not apply to the direct result only, the "accident" or "electronic circuitry
of an "electronic circuitry impairment". These cover impairment" may occur in the United States,
ages do not provide additional amounts of insurance. its territories and possessions, Puerto Rico,
and Canada.
a. Ammonia Contamination 2) We will also pay for your reasonable and
If Covered Property is contaminated by ammonia necessary cost to research, replace, and re
store lost "electronic data" contained within
as a result of an "accident" or "electronic circuit
"covered equipment" as described under
ry impairment", we will pay up to $25,000 in
Paragraph 1) above. This amount may not
cluding salvage expense for any one "loss". exceed the limit applicable to Electronic Da
b. Electronic Data Restoration ta Restoration.
1) We will pay for your reasonable and neces We will pay up to $25,000 for "loss" or
sary cost to research, replace, and restore damage under this coverage as described in
lost "electronic data". Paragraphs 1) and 2) above.
2) We will pay up to $50,000 for loss or ex f. Off-Premises Utility Properties Failure
pense under this coverage, including actual 1) Any insurance provided for Income Protec
loss of "income" and/or "rental income" you tion, Extra Expense for Electronic Data Res
sustain due to partial or total "interruption of
toration as described in Paragraph 2.b.
business" and necessary "extra expense" you above or Refrigerated Property as described
incur.
in Paragraph 2.h. below is extended to apply
c. Expediting Expenses
to your loss, damage, or expense caused by a
With respect to your damaged Covered Property failure or disruption of service to the prem
we will pay up to $25,000 for the reasonable ex ises described in the "Declarations". The
tra cost to: failure or disruption of service must be
1) Make temporary repairs; and caused by an "accident" to equipment, in
2) Expedite permanent repairs or permanent cluding overhead transmission lines, that is
owned by a utility, landlord, a landlord's
replacement
utility or other supplier who provides you
d. Hazardous Substances with any of the following services: electrical
1) We will pay your additional cost to repair or power, waste disposal, air conditioning, re
replace Covered Property because of con frigeration, heating, natural gas, compressed
tamination by a "hazardous substance". air, water, steam, Internet access, telecom-
13
munications services, "cloud computing ser h. Refrigerated Property
vices", wide area networks, or data trans Business Personal Property and Personal Proper
mission. The equipment must meet the def ty of Others - Coverage 2 covers "loss" to the
inition of "covered equipment" except that it contents of refrigeration equipment on the in
is not Covered Property.
sured premises.
2) "Cloud computing services" must be provid i. Temperature Change
ed by a professional provider with whom
you have a contract. Business Personal Property and Personal Proper
ty of Others - Coverage 2 covers "loss" resulting
3) With respect to the Electronic Data Restora from temperature or humidity change.
tion portion of this Off-Premises Utility
Properties Failure coverage, coverage will 3. Equipment Breakdown Coverage Exclusions
also apply to "electronic data" stored in the The following exclusions are in addition to the exclu
equipment of a provider of "cloud compu sions in Section III - Exclusions.
ting services". a. We will not pay for "loss", damage or expense
4) Any insurance provided for Income Protec caused directly or indirectly by any of the fol
tion or Electronic Data Restoration will not lowing whether or not caused by or resulting
apply under this Off-Premises Utility Prop from an "accident" or "electronic circuitry im
erties Failure coverage unless the failure or pairment":
disruption of service exceeds 24 hours im 1) Fire including smoke from a fire;
mediately following the "accident". If the 2) Explosion of gas or unconsumed fuel within
interruption exceeds 24 hours, coverage will the furnace of any boiler or fired vessel or
begin at the time of the disruption, and the within the passages from that furnace to the
applicable deductible will apply. atmosphere;
5) The most we will pay in any "one equipment 3) Any other explosion, except as specifically
breakdown" for loss, damage, or expense covered under this Additional Coverage -
under this coverage is the applicable limit Equipment Breakdown Coverage;
for Electronic Data Restoration as described
4) Vandalism;
in Paragraph 2.b. above or Refrigerated
Property as described in Paragraph 2.h. be
low. The most we will pay in any "one b. Coverage under this Additional Coverage -
equipment breakdown" for loss of "income" Equipment Breakdown Coverage does not apply
you sustain and "extra expense" you incur to an "accident" or "electronic circuitry impair
under Income Protection - Coverage 3 is ment" caused by or resulting from:
$25,000.
1) Lightning;
g. Public Relations 2) Windstorm or hail. However, this exclusion
1) This coverage only applies if you have sus does not apply when:
tained an actual loss of "income" covered
a. "Covered equipment located within a
under this Additional Coverage - Equipment
building or structure suffers an "acci
Breakdown Coverage.
dent" or "electronic circuitry impair
2) We will pay for your reasonable costs for ment" that results from wind-blown
professional services to create and dissemi rain, snow, sand, or dust; and
nate communications, when the need for b. The building or structure did not first
such communications arises directly from
sustain wind or hail damage to its roof
the interruption of your business. This
or walls through which the rain, snow,
communication must be directed to one or
sand or dust entered.
more of the following:
3) Smoke; aircraft or vehicles; riot or civil
a) The "media"; commotion; sprinkler leakage; elevator col
b) The public; or lision;
c) Your customers, clients or members. 4) Breakage of glass; falling objects; weight of
3) Such costs must be incurred during the peri snow, ice, or sleet; freezing (caused by cold
od of restoration or up to 30 days after the weather); collapse; or molten material;
period of restoration has ended. 5) A hydrostatic, pneumatic or gas pressure test
4) We will pay up to $5,000 for loss or expense of any boiler or pressure vessel, or an elec-
under this coverage.
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14
trical insulation breakdown test of any type Whenever "covered equipment" is found to
of electrical equipment; or be in, or exposed to, a dangerous condition,
6) An electrical breakdown test of any type of any of our representatives may immediately
electrical equipment; or suspend the insurance against "loss" from an
"accident" or "electronic circuitry impair
7) Water or other means used to extinguish a
fire. ment" to that "covered equipment". This can
be done by delivering or mailing a written
c. With respect to Income Protection Coverage - notice of suspension to:
Coverage 3 including Extra Expense Coverage
a) Your last known address; or
and Off Premises Utility Properties Failure, we
will also not pay for: b) The address where the covered property
is located.
1) Loss caused by your failure to use due dili
gence and dispatch and all reasonable means Once suspended in this way, your insurance
to resume business; or can be reinstated only by an endorsement for
that "covered equipment". If we suspend
2) Any increase in loss resulting from an
your insurance, you will get a pro rata re
agreement between you and your customer
fund of premium for that "covered equip
or supplier.
ment" for the period of suspension. But the
d. We will not pay for any "loss" or damage to an suspension will be effective even if we have
imals. not yet made or offered a refund.
e. Exclusions b. 1), b. 2), b. 3), and b. 4) above b. As respects this Additional Coverage - Equip
shall not apply if: ment Breakdown Coverage only, Section X -
1) The excluded cause of loss occurs away Commercial Property Conditions - 20. Valuation
from any covered premises and causes an is deleted and replaced with the following:
electrical surge or other electrical disturb Valuation
ance; We will determine the value of Covered Property
2) Such surge or disturbance is transmitted as follows:
through utility service transmission lines to
1) Except as specified otherwise, our payment
the covered location and results in an "acci
for damaged Covered Property will be the
dent" or "electronic circuitry impairment";
smallest of:
and
a) The cost to repair the damaged proper
3) The loss, damage, or expense caused by
ty;
such surge or disturbance is not covered
elsewhere under the policy. b) The cost to replace the damaged proper
ty on the same site; or
f. Any cause of loss set forth in exclusion b. 6)
above that is not a Covered Cause of Loss in this c) The amount you actually spend that is
policy shall be excluded only as respects Section necessary to repair or replace the dam
VIII - Extension of Coverage - Income Pro aged property.
tection - Off-Premises Utility Properties Fail 2) The amount of our payment will be based on
ure. the most cost-effective means to replace the
4. Equipment Breakdown Coverage Conditions function, capacity and remaining useful life
of the damaged property. This may include
a. The following conditions are in addition to the
the use of generic, used, or reconditioned
conditions in Section X - Commercial Proper
parts, equipment, or property.
ty Conditions and Common Policy Conditions:
3) Except as described in Paragraph 4) below,
8) JURISDICTIONAL INSPECTION
you must pay the extra cost of replacing
If any property that is "covered equipment" damaged property with property of a better
under this Additional Coverage - Equipment kind or quality or of a different size or ca
Breakdown Coverage requires inspection to pacity.
comply with state or municipal boiler and
4) Environmental, Safety and Efficiency Im
pressure vessel regulations, we agree to per
provements
form such inspection on your behalf. We do
not warrant that conditions are safe or If "covered equipment" requires replacement
healthful. due to an "accident" or "electronic circuitry
impairment", we will pay your additional
9) SUSPENSION
cost to replace with equipment that is better
Electronically Filed 05/04/2020 15:25 / COMPLAINT / CV 20 932204 / Confirmation Nfer it9®C17WCWMRB safer for people or
15
more energy or water efficient than the
equipment being replaced. However, we SECTION V - DEDUCTIBLES
will not pay to increase the size or capacity
1. Building(s) - Coverage 1, Business Personal Property
of the equipment and we will not pay more
and Personal Property of Others - Coverage 2 and
than 150% of what the cost would have been
to replace with like kind and quality. This Extensions of Coverage - We will pay the amount of
"loss" to property in any one occurrence which is in
provision does not apply to the replacement
excess of the deductible amount shown in the "Decla
of component parts or to any property to
which Actual Cash Value applies and does rations," unless otherwise stated in the Extensions of
Coverage.
not increase any of the applicable limits.
2. Glass covered under Building(s) - Coverage 1 or
5) The following property will be valued on an
Actual Cash Value basis: Business Personal Property and Personal Property of
Others - Coverage 2 - $200 deductible applies.
1. Any property that does not currently
3. Signs covered under Building(s) - Coverage 1 or
serve a useful or necessary function for
you; and Business Personal Property and Personal Property of
Others - Coverage 2 - $200 deductible applies.
2. Any Covered Property that you do not
4. Theft - We will pay the amount of "loss" to property
repair or replace within 24 months after
the date of the "accident" or "electronic caused by theft in any one occurrence which is in ex
circuitry impairment". cess of either $200 or the deductible amount applying
to Building(s) - Coverage 1 and Business Personal
6) If any one of the following conditions is Property and Personal Property of Others - Coverage
met, property held for sale by you will be 2 shown in the "Declarations," whichever is the
valued at the sales price as if no loss or greater amount.
damage had occurred, less any discounts and
expenses that otherwise would have applied: 5. When the occurrence involves "loss" to more than
one building (or building and business personal prop
1. The property was manufactured by you;
erty) and separate limits of insurance apply or blanket
2. The sales price of the property is less limits of insurance apply, the losses will not be com
than the replacement cost of the proper bined in determining the application of the deducti
ty; or ble. The deductible will be applied only once per oc
3. You are unable to replace the property currence.
before its anticipated sale. 6. Income Protection - Coverage 3 - No deductible ap
7) Except as specifically provided for under plies.
Electronic Data Restoration coverage, "elec
SECTION VI - SPECIAL LOSS PAYMENTS - COVER
tronic data" and "media" will be valued on
AGE 1
the following basis:
1. For mass-produced and commercially Improvements and Betterments Made By Others is sub
ject to special treatment when damaged by a peril insured
available software, at the replacement
against:
cost.
2. For all other "electronic data" and "me 1. If you pay for repair or replacement, we will pay you
dia", at the cost of blank "media" for re the expenses involved not exceeding the replacement
producing the records. We will not pay cost of damaged property.
for "electronic data" representing finan 2. If repaired or replaced at the expense of others, there
cial records based on the face value of is no loss payable to you.
such records. 3. If the damaged property is not repaired or replaced by
The most we will pay for loss, damage, or expense you or at the expense of others, there is no loss paya
under this Additional Coverage - Equipment ble to you.
Breakdown Coverage arising from any "one equip SECTION VII - SPECIAL LOSS PAYMENTS - COVER
ment breakdown" is the applicable Limit of Insurance AGE 2
shown in the Declarations for Buildings - Coverage The following property is subject to special treatment
1, Business Personal Property and Personal Property when damaged by a peril insured against:
of Others - Coverage 2, and Additional Income Pro
1. Accounting Books, Records, Tapes, and Recording
tection - Coverage 3. Coverage provided under this
Media. We will pay you the cost of blank items
Additional Coverage - Equipment Breakdown Cov
(books, film, or other written documents). Extensions
erage does not provide an additional amount of insur
of Coverage - B.29. - Valuable Papers and Records
ance.
ConfirmovodFNbr1 w31WonLMRtB2se items.
Electronically Filed 05/04/2020 15:25 / COMPLAINT / CV 20 932204 /
16
2. Improvements and Betterments: to merchandise which you have sold but for which
a. If you pay for repair or replacement, we will pay you have not received payment, while in the custody
you the expenses involved not exceeding the re of a common carrier. This extension of coverage only
placement cost of damaged property. applies when the "loss" is not recoverable from the
b. If not repaired or replaced, we will pay you a purchaser, transporter, or any other insurance.
proportion of your original cost. We will deter 3. Moving Clause. When you move, coverage for
mine the proportionate value as follows: "loss" to business personal property and personal
property of others will apply for 60 days while in
1) Multiply the original cost by the number of transit and at each location. The amount of insurance
days from the "loss" or damage to the expi
applying at each location will be the proportion that
ration of the lease; and
the value in each such location bears to the total val
2) Divide the amount determined in 1) above ue of Business Personal Property and Personal Prop
by the number of days from the installation erty of Others - Coverage 2 covered at the original
of improvements to the expiration of the location. After the completion of your move, the cov
lease. erage will apply at the new location only.
If your lease contains a renewal option, the expi 4. Refrigerated Property. Business Personal Property
ration of the renewal option period will replace and Personal Property of Others - Coverage 2 covers
the expiration of the lease in this procedure. "loss" to the contents of refrigeration equipment on
c. If repaired or replaced at the expense of others, the premises described in the "Declarations" from
there is no loss payable to you. power failure. "Loss" caused by or resulting from an
3. Sold Property. If you have sold property but not de "accident" or "electronic circuitry impairment" is not
livered it, we will pay you the net selling price. covered.
This extension of coverage applies to each building
SECTION VIII - EXTENSIONS OF COVERAGE
A. Extensions of Coverage
We will pay the following "losses" at your option. Pay 5. Temperature Change. Business Personal Property
and Personal Property of Others - Coverage 2 covers
ments under these Extensions are not an additional
"loss" resulting from temperature or humidity
amount of insurance and will not increase the total change. There must first be damage from a peril in
amount of insurance available for the coverage involved.
sured against to the premises described in the "Decla
1. Fences, Walks, Unattached Outbuildings, Tennis rations". "Loss" resulting from riot and civil commo
Courts, and Inground Swimming Pools - Coverage tion is not covered. "Loss" caused by or resulting
1. We will cover "loss" to fences, walks, unattached from an "accident" or "electronic circuitry impair
outbuildings, tennis courts, and inground swimming ment" is also not covered.
pools caused by a peril insured against on the premis
es described in the "Declarations." We will pay up to
10% of the Building(s) - Coverage 1 limit but not to described in the "Declarations".
exceed $25,000 for any one "loss". If you are a tenant 6. Trees, Shrubs, Lawns, and Plants - Coverages 1 &
and no limit is shown for Building(s) - Coverage 1, 2. We will cover "loss" to trees, shrubs, lawns, and
we will pay up to 10% of the Business Personal plants (except vegetated roofs) on the premises de
scribed in the "Declarations" caused by fire; light
2 limit (minimum of $1,000) but not to exceed ning; explosion; riot or civil commotion; vehicles;
$25,000 for any one "loss". aircraft; smoke; falling objects; sonic boom; sinkhole
Unattached outbuildings include garages, storage ar collapse; volcanic action; or collapse caused by any
eas, and tool sheds but do not include those buildings of the perils specified in this paragraph.
used for dwelling purposes or in connection with If trees, shrubs, and plants are inside buildings, on the
manufacturing, servicing, or farming operations. premises described in the "Declarations", we will also
If specific insurance is carried on any item covered cover "loss" caused by windstorm; hail; weight of
by this extension, then this extension does not apply snow, ice, or sleet; vandalism or malicious mischief;
to that item. or temperature change. There must first be damage
This extension of coverage applies to each building from a peril insured against to the premises described
in the "Declarations".
We will not be liable for more than $1,000 for any
2. Merchandise in Shipment. Business Personal Prop one tree, shrub, or plant, including expenses for re
erty and Personal Property of Others - Coverage 2 in
moving debris, or $10,000 for any one "loss", unless
cludes protection for "loss" by a peril insured against trees, shrubs, or plants are held for sale inside build-
17
ings, or trees, shrubs, or plants are used for decora damage to covered property or in the arrest and con
tive purpose inside the building, in which case the viction of any person who commits theft of covered
Business Personal Property and Personal Property of property.
Others - Coverage 2 limit applies. We will not be lia The deductible does not apply to this extension.
ble for more than $2,500 for any one "loss" to lawns.
3. Building Ordinance or Law Coverage.
This extension includes expenses for the removal of
A. Application of Coverage
debris of trees, shrubs, and plants from the premises
described in the "Declarations" caused by a peril in The building ordinance or law coverage applies
sured against which are the property of others. If you to B. Coverage for the Value of the Undam
are a tenant, we will not cover removing debris of aged Part of the Building and C. Coverage for
trees, shrubs, and plants owned by the landlord at the the Increased Cost of Construction for any
premises described in the "Declarations." building covered by this policy at the premises
There is no coverage under this policy for trees, described in the "Declarations" or for tenant's
improvements and betterments as described un
shrubs, lawns, and plants grown outside of buildings
der business personal property and personal
held for sale.
property of others only if Paragraphs A. 1. and
This extension of coverage applies to each building A.2. below are satisfied and an amount of insur
described in the "Declarations". ance is shown on the "Declarations" for Build
ings or for tenant's improvements and better
B. Extensions of Coverage
ments an amount of insurance is shown in the
Payments under these Extensions of Coverage are an
"Declarations' for Business Personal Property
ADDITIONAL AMOUNT of insurance and will increase and Personal Property of Others:
1. The ordinance or law:
involved.
a. Regulates the demolition, construction
1. Accounts Receivable. This policy covers damage to
or repair of buildings, or establishes
records of accounts receivable up to $25,000 for any
zoning or land use requirements at the
one "loss" caused by a peril insured against at the
premises described in the "Declara
premises described in the "Declarations", while being
tions"; and
conveyed outside the premises or while temporarily
within other premises for any purpose except storage. b. Is in force at the time of "loss"; or the
It covers: ordinance or law is promulgated or re
vised after the loss but prior to com
a. All sums due the insured from customers, pro
mencement of reconstruction or repair
vided the insured is unable to collect such sums
and provided that such ordinance or law
as the direct result of "loss" to records of ac
requires compliance as a condition
counts receivable;
precedent to obtaining a building permit
b. Interest charges on any loan to offset impaired or certificate of occupancy.
collections pending repayments of such sums
but coverage applies only in response to the
made uncollectible by such "loss";
minimum requirements of the ordinance or
c. Collection expense in excess of normal collec
law. Losses and costs incurred in complying
tion cost which is made necessary because of with recommended actions or standards that
such "loss"; and exceed actual requirements are not covered.
d. Other expenses, when reasonably incurred by the
2. The building sustains:
insured in re-establishing records of accounts re
a. Direct physical damage caused by a
ceivable following such "loss".
peril insured against under this policy
Coverage will also apply while the records of ac and such damage results in enforcement
counts receivable are being moved to and while at a of or compliance with the ordinance or
place of safety because of imminent danger of "loss", law; or
and while being returned from such place.
b. Both direct physical damage that is
This extension of coverage applies to each building covered under this policy and direct
described in the "Declarations". physical damage that is not caused by a
The deductible does not apply to this extension. peril insured against under this policy,
and the building damage in its entirety
2. Arson and Theft Reward. We will pay up to
results in enforcement of or compliance
$10,000 as a reward to any individual or group for in with the ordinance or law.
formation which results in the arrest and conviction
Electronibany fperdoJ5fflBmmittji1gi:an1 acC ©MPLOnNWClVigQ 1932204 I Confirmation Nbr. 1993170 I CLMRB
18
but if the building sustains direct physical 4) The difference between the amount
damage that is not caused by a peril insured of insurance on the insured build
against under this policy and such damage is ing at the time of "loss" or damage
the subject of the ordinance or law, then and the amount paid for "loss" to
there is no coverage even if the building has the damaged or destroyed portion
also sustained direct physical damage of the insured building.
caused by a peril insured against. b. We will pay the smallest of the follow
This extension of coverage applies to each build ing if the covered building is being re
ing described in the "Declarations". paired or replaced on the same premises
or another premises:
B. Coverage for the Value of the Undamaged
1) The actual cash value for the un
Part of the Building
damaged part of the building, if the
1. Coverage Agreement insured building is covered on an
If the building sustains direct damage caused by actual cash value basis;
a peril insured against, we will pay for the value 2) The replacement cost for the un
of the undamaged part of the building caused by damaged part of the building if the
enforcement of or compliance with any ordi insured building is covered on a re
nance or law regulating the construction or repair placement cost basis;
of building(s) that:
3) The amount of insurance shown in
a. Requires the demolition of the undam the "Declarations" for the building
aged parts of the building; described in the "Declarations";
b. Regulates the construction or repair of
4) If this policy is endorsed to cover
the building, or establishes zoning or Earthquake and/or Flood as a Cov
land use requirements at the premises ered Cause of Loss, the Amount of
described in the "Declarations"; and
Insurance applicable to the building
c. Is in force at the time of "loss" or dam in the event of damage by such
Covered Cause of Loss may be
age.
Coverage for the Value of the Undamaged Part lower than the Amount of Insur
of the Building is not an additional amount of in ance that otherwise would apply; or
surance. Payment is included within the amount 5) The difference between the amount
of insurance for the covered building described of insurance on the insured build
in the "Declarations". ing at the time of "loss" or damage
and the amount paid for "loss" to
2. Loss Payment - Value of the Undamaged
Part of the Building the damaged or destroyed portion
We will pay for the value of the undamaged por of the insured building.
C. Coverage for Increased Cost of Construction
tion of the building as a result of any ordinance
or law regulating the construction, use, or repair 1. Coverage Agreement
of building(s) as follows: If the building or tenant's improvements and bet
a. We will pay the smallest of the follow terments sustain direct physical damage caused
ing if the covered building is not re by a peril insured against, we will pay up to
paired or rebuilt: $25,000 for the increased cost to:
1) The actual cash value of the un a. Repair, replace, or construct the dam
damaged part of the building; aged portions of the building or tenant's
2) The amount of insurance shown in improvements and betterments; or

the "Declarations" for the building b. Reconstruct or remodel undamaged por
described in the "Declarations"; tions of the building or tenant's im
3) If this policy is endorsed to cover provements and betterments whether or

Earthquake and/or Flood as a Cov not demolition is required.
ered Cause of Loss, the Amount of caused by enforcement of or compliance with
Insurance applicable to the building any ordinance or law regulating the construction,
in the event of damage by such use, or repair of buildings. If the building is re
Covered Cause of Loss may be paired or replaced, it must be intended for the
lower than the Amount of Insur same use as the current building, unless other
ance that otherwise would apply; or wise required by an ordinance or law. We will
Electronically Filed 05/04/2020 15:25 / COMPLAINT /Cv 20 932204 / Confirmation Nbr. 1993170 / CLMRB
19
not pay for the increased cost of construction if 4. Check, Credit, Debit or Charge Card Forgery or
the building is not repaired, replaced, or remod Alteration. We will pay up to $5,000 for any one
eled. "loss" resulting directly from:
When a building described in the "Declarations" a. Forgery or alteration of credit, debit, or charge
is damaged or destroyed and increased cost of cards issued to you or to any employee for busi
construction applies to that building in accord ness purposes; and
ance with C.1.a. above, coverage for the in b. Forgery or alteration of any checks, drafts, prom
creased cost of construction also applies to re issory notes, or similar written promises, orders,
pairs or reconstruction of the following, subject
or directions to pay a sum certain in money that
to the same conditions stated in C.l.a.: are:
a. The cost of excavations, grading, back 1) Made or drawn by or drawn upon you;
filling, and filling;
2) Made or drawn by one acting as your Agent;
b. Foundation of the building;
or that are purported to have been so made or
c. Pilings; and
drawn.
d. Underground pipes, flues, and drains.
We will not pay for "loss" caused by dishonest or
2. Loss Payment - Increased Cost of Con criminal acts committed by you, any of your mem
struction bers of a limited liability company, or any of your
employees, directors, trustees, or authorized repre
The most we will pay is $25,000 for the in
creased cost of construction that results from any sentatives:
building ordinance or law. Payment for the in a. Acting alone or in collusion with other persons;
creased cost of construction is an additional or
amount of insurance. b. While performing services for you or otherwise.
D. Building Ordinance or Law - No Coverage We will not pay for any "loss" arising from forgery or
We will not pay for "loss" due to any ordinance alteration of a credit, debit, or charge card if you have
or law that: not complied fully with the provisions, conditions, or
1. You were required to comply with before other terms under which the card was issued.
the "loss", even if the building was undam All "losses" committed by any person, whether acting
aged; and alone or in collusion with others, are considered one
occurrence which is subject to the $5,000 limit.
2. You failed to comply with the ordinance or
law. If you are sued for refusing to pay any covered in
We will not pay any costs associated with the en strument on the basis that it has been forged or al
forcement of or compliance with an ordinance or tered and you have our written consent to defend
law which requires any insured or others to test against the suit, we will also pay for any reasonable
for, monitor, clean up, remove, contain, treat, de legal expense that you incur and pay in that defense.
toxify or neutralize, or in any way respond to or The amount we will pay is in addition to the amount
assess the effects of "pollutants", "fungus", wet of insurance applicable to this extension. The deduct
or dry rot, or bacteria. ible does not apply to legal expenses.
Also, we will not pay any costs associated with You must include with your proof of loss any instru
the enforcement of or compliance with an ordi ment involved in that loss, or, if that is not possible,
nance or law which requires the demolition, re an affidavit setting forth the amount and cause of
pair, replacement, reconstruction, remodeling, or loss.
remediation of property due to contamination by Electrical and Mechanical Signatures. We will treat
"pollutants" or due to the presence, growth, pro signatures that are produced or reproduced electroni
liferation, spread, or any activity of "fungus", cally, mechanically, or by other means same as
wet or dry rot, or bacteria. handwritten signatures.
We will not pay under this endorsement for any "Covered instruments" includes checks, drafts, prom
loss in value or any cost incurred due to an ordi issory notes, or similar written promises.
nance or law that you were required to comply "Forgery" means the signing of the name of another
with before the time of the current loss, even in person or organization with intent to deceive; it does
the absence of building damage, if you failed to not mean a signature which consists in whole or in
comply. part of one’s own named signed with or without au
thority, in any capacity or for any purpose.
20
"Occurrence" means for this coverage only, all loss a. Begins with the date of direct "loss" or damage
caused by any person or in which that person is in to the "dependent property" caused by a peril in
volved, whether the loss involves one or more in sured against; and
struments.
b. Ends on the date when the "dependent property"
This extension applies anywhere in the world. should be repaired, rebuilt, or replaced with rea
sonable speed and similar quality.
A $200 deductible applies to this extension.
5. Contingent Business Interruption. We will pay up "Interruption of business" for contingent business in
to $25,000 for your contingent income meaning loss terruption does not include any increased period re
quired due to the enforcement of any ordinance or
of "income" or "rental income" you sustain due to
law that:
partial or total "interruption of business" resulting di
rectly from "loss" or damage to Building(s) or Busi a. Regulates the construction, use, or repair, or re
ness Personal Property of "dependent properties" quires the tearing down, of any property; or
from a peril insured against. b. Requires any insured or others to test for, moni
However, coverage for contingent income does not tor, clean up, remove, contain, treat, detoxify or
apply when the only loss to "dependent properties" is neutralize, or in any way respond to or assess the
"loss" or damage to "electronic data", including de effects of "pollutants".
struction or corruption of "electronic data". If the The deductible does not apply to this extension.
"dependent property" sustains "loss" or damage to
6. Counterfeit Money. We will pay up to $1,000 per
"electronic data" and other property, this coverage workday for loss from the acceptance in good faith of
will not continue once the other property is repaired,
counterfeit money. "Workday" means a day on which
rebuilt, or replaced.
your operations are usually performed.
We will reduce the amount of your "income" or
The deductible for this extension is $50.
"rental income" loss, other than "extra expense", to
the extent you can resume normal operations by us 7. Debris Removal. We will pay the cost of removal of
ing an available: debris to covered property on the premises described
in the "Declarations" caused by a peril insured
a. Source of materials; or
against. This does not apply to any increase of "loss"
b. Outlet for your products. resulting from ordinances or laws regulating con
"Dependent property" means premises operated by struction or repair of buildings. We will pay up to 5%
others whom you depend on in any way for continua of the total limits for Coverages 1 and 2 plus $25,000
tion of your normal business operations. The "de for debris removal expense.
pendent properties" are: This extension does not cover the cost to:
a. Contributing Locations which mean those prem a. Remove debris of your property that is not in
ises you depend on as a source of materials or sured under this policy, or property in your pos
services that you need for your operations. Ser session that is not covered property under Build-
vices does not include water, communication, ing(s) - Coverage 1 or Business Personal Proper
power supply, or waste water removal properties; ty and Personal Property of Others - Coverage 2;
b. Recipient Locations which mean those premises b. Remove debris of property owned by or leased to
you depend on as a customer for your products the landlord of the building where your described
or services; premises are located, unless you have a contrac
c. Manufacturing Locations which mean those tual responsibility to insure such property and it
premises you depend on to manufacture products is insured under this policy;
for your customers under contract or sale; or c. Remove any property that is property not cov
d. Leader Locations which mean those premises ered under Building(s) - Coverage 1 or Business
Personal Property and Personal Property of Oth
you depend on to attract customers to your busi
ers - Coverage 2;
ness. d. Remove property of others of a type that would
"Dependent properties" do not include roads, bridges,
not be covered property under Building(s) -
tunnels, waterways, airfields, pipelines, or any other Coverage 1 or Business Personal Property and
similar areas or structures. Personal Property of Others - Coverage 2; or
"Interruption of business" for contingent business in e. Extract "pollutants" from land or water, or to re
terruption means the period of time that your busi move, restore, or replace polluted land or water.
ness is suspended and it:

21
8. Demolition Cost. This policy covers the cost, not to we will first settle the amount of loss that you
exceed $25,000, of demolishing and removing any sustained during this policy period. We will then
undamaged portion of the building after a covered settle the remaining amount of loss that you sus
"loss". The demolition must be required by enforce tained during the policy period(s) of the prior re
ment of any ordinance or law regulating the construc newals.
tion, use of, or repair of buildings. g. If you sustained a loss during the period of any
This extension of coverage applies to each building prior insurance that you could have recovered
described in the "Declarations". under your prior insurance, except that the time
to discover the loss had expired, we will pay the
The deductible does not apply to this extension. loss under this Extension of Coverage, provided:
9. Employee Dishonesty. We will pay for loss of 1) This policy became effective at the time of
"money", "securities", and Business Personal Proper cancellation or termination of your prior in
ty and Personal Property of Others - Coverage 2 up to
surance; and
$10,000 per occurrence resulting from dishonest acts
2) The loss would have been covered by this
committed by any of your "employees", whether
insurance had it been in effect when the act
identified or not, acting alone or in collusion with
other persons (except you or your partner(s)) with the or events causing the loss were committed
intent to: or occurred.
a. Cause you to sustain loss; and We will pay up to $10,000 or the amount of in
surance under your prior insurance, whichever is
b. Obtain financial benefit (other than salaries,
less.
commissions, fees, bonuses, promotions, awards,
The loss under this part g. is not an additional
profit sharing, pensions, or other employee bene
fits earned in the normal course of employment) amount of insurance and will not increase the to
tal amount of insurance for Employee Dishones
for:
ty.
1) Any "employee"; or We do not cover:
2) Any other person or organization.
a. Loss caused by any dishonest or criminal act
This extension is subject to the following:
committed by you, or any of your members of a
a. For any loss, our payment shall not exceed the limited liability company, or any of your part
replacement cost of business personal property ners, whether acting alone or in collusion with
and personal property of others at the time of other persons;
loss, except the cost of "securities" may be de b. Loss or that part of any loss, the proof of which
termined by the market value at the time of set as to its existence or amount is dependent upon:
tlement;
1) An inventory computation; or
b. All loss caused by, or involving, one or more
2) A profit and loss computation.
"employees", whether the result of a single act or
c. Loss that is an indirect result of any act or occur
a series of acts, is considered one occurrence;
rence covered by this policy including, but not
c. We will pay for loss you sustain through acts limited to, loss caused by:
committed or events occurring during the policy
period and if loss is discovered during the policy 1) Your inability to realize income that you
period or is discovered within one year from the would have realized had there been no loss
end of the policy period; of, or loss from damage to covered property;
d. Our payment is not increased regardless of the 2) Payment of damages of any type for which
number of people we protect; you are legally liable. We will pay compen
e. Regardless of the number of years our policy is satory damages arising directly from a loss
covered by this policy;
in force, the amount of insurance shall not be
cumulative from year to year; 3) Payment of costs, fees, or other expenses
you incur in establishing either the existence
f. If you sustained a loss during the policy period
or the amount of loss under this policy; or
shown in the “Declarations” resulting directly
from an ’’occurrence” taking place: 4) Payment of expenses related to any legal ac
tion.
1) Partly during the policy period shown in the
“Declarations”; and d. Any "employee" immediately upon discovery
by:
2) Partly during the policy period(s) of any pri
or renewals; 1) You; or
22
2) Any of your partners, officers, directors, or within the scope of the usual duties of an "em
members of a limited liability company not ployee".
in collusion with the "employee"; “Occurrence” means for this coverage only:
of any dishonest act committed by that "employ
a. An individual act;
ee" before or after being hired by you. b. The combined total of all separate acts whether
e. Loss caused by any "employee" for whom simi or not related; or
lar prior insurance has been cancelled and not re c. A series of acts whether or not related;
instated since the last such cancellation;
f. Loss resulting directly or indirectly from trading committed by an “employee” acting alone or in col
whether in your name or in a genuine or ficti lusion with other persons, during the policy period
shown in the “Declarations”, except as provided un
tious account; or
g. Loss resulting from fraudulent or dishonest sign der Paragraphs f. and g. of This extension subject to
ing, issuing, cancelling, or failing to cancel a the following under Employee Dishonesty - Section
VIII Extensions of Coverage.
warehouse receipt or any papers connected with
it. The deductible for this extension is $200.
"Employee" means for this coverage only: 10. Expenses for Loss Adjustment. We will pay up to
$5,000 for expenses involved in the preparation of
a. Any natural person:
loss data, inventories, and appraisals. This does not
1) While in your service (and for 30 days after include expenses incurred in using a public adjuster.
termination of service);
Whom you compensate directly by salary, This extension of coverage applies to each building
2) described in the "Declarations".
wages, or commissions; and
3) Whom you have the right to direct and con The deductible does not apply to this extension.
trol while performing services for you. 11. Expenses for Security. We will pay up to $2,500 for
b. Any natural person employed by an employment expenses incurred for security after a covered "loss"
contractor while that person is subject to your di to protect the covered property from further damage.
rection and control and performing services for This extension of coverage applies to each building
you excluding, however, any such person while described in the "Declarations".
having care, custody, and control of property
outside the premises described in the "Declara The deductible does not apply to this extension.
tions". 12. Exterior Signs, Lights, and Clocks. We will pay up
Any natural person who is leased to you under a to $5,000 for "loss" caused by a peril insured against
c.
to lights, clocks, and permanently mounted unat
written agreement between you and a labor leas
ing firm to perform duties related to the conduct tached exterior signs which you own or which are in
of your business. your care, custody, or control and for which you are
contractually responsible. We will cover all lights,
d. Any natural person who is a former "employee", clocks, and permanently mounted unattached signs
director, partner, member of a limited liability on the premises described in the "Declarations".
company, representative, or trustee retained as a
We will not pay for "loss" caused by:
consultant while performing services for you.
Any natural person who is a guest student or in a. Wear and tear, gradual deterioration, faulty man
e.
tern pursuing studies or duties, excluding how ufacture or installation, inherent vice, extremes
ever, any such person while having care, custo of temperature, dampness of atmosphere, or me
dy, or control of covered property outside the chanical breakdown;
premises described in the "Declarations". b. Damaged to electrical apparatus which is part of
f. Any natural person who is a property manager of covered property caused by electricity other than
properties owned by you. lightning, except for ensuing fire damage; or
g. Any natural person who is acquired as an “em c. Breakage during installation, repairing or dis
ployee” through consolidation or merger. mantling, or breakage during transportation, un
H Employee" does not mean any: less caused by fire, lightning, collision, derail
ment, or overturn of vehicle.
a. Agent, broker, factor, commission merchant,
13. Fine Arts. We will pay up to $25,000 for a "loss"
consignee, independent contractor, or representa
caused by a peril insured against, to your fine arts on
tive of the same general character; or
the premises described in the "Declarations". Fine
b. Manager of a limited liability company, director,
arts mean property that is rare or has historical value,
ElectronicaliyrFtrsiSt©<5/©x/3Sp 0b5125])eCbMPllAiaCTs' CV2QS9322Q4 / Confirmation Nbr. 199317Q / ClMRB
23
such as paintings, etchings, drawings, rare books, C. Water Supply Property, meaning the following
tapestries, or stained glass. types of property supplying water to the premis
We will not cover fine arts that are on display at fair es described in the "Declarations":
grounds or at a national or international exposition. 1) Pumping stations; and
We do not cover "loss" caused by a process to repair, 2) Water mains.
retouch, restore, adjust, service, or maintain your fine D. Wastewater Removal Property, meaning a utility
arts. If a fire or explosion results, we do cover the
system for removing wastewater and sewage
"loss" caused by the fire or explosion.
from the premises described in the "Declara
This extension of coverage applies to each building tions", other than a system designed primarily for
described in the "Declarations". draining storm water. The wastewater removal
property includes sewer mains, pumping sta
14. Fire Department Service Charges. We will pay tions, and similar equipment for moving the ef
reasonable charges made by a fire department for
fluent to a holding treatment or disposal facility,
services rendered as a result of an insured "loss". and includes such facilities.
Coverage under this policy does not apply to inter
described in the "Declarations". ruption in service caused by or resulting from a dis
The deductible does not apply to this extension. charge of water or sewage due to heavy rainfall or
flooding.
15. Fire Extinguisher Recharge. We will pay expenses
incurred to recharge portable fire extinguishers after We will only pay for loss of "income", "rental in
they are used to fight a fire. come", and "extra expense" sustained by you after the
first 24 hours following "loss" to off-premises com
munication supply property, power supply property,
described in the "Declarations". water supply property, or waste water removal prop
The deductible does not apply to this extension. erty.
16. Income Protection - Off-Premises Utility Proper Transmission lines include all lines which serve to
ties Failure. We will pay up to $25,000 for your loss transmit communication service or power, including
of "income", "rental income", and "extra expense" links which may be identified as distribution lines.
you sustain due to partial or total "interruption of
business" resulting from the interruption of service to
the premises described in the "Declarations".
The "interruption of business" must result directly The deductible does not apply to this extension.
from "loss" to the following property, not on the 17. Key Replacement. If keys to your building(s) are
premises described in the "Declarations" from a peril stolen during a theft loss, we will pay, at your re
insured against: quest, up to $5,000 to replace the keys and locks to
A. Communication Supply Property, meaning prop the doors of your premises.
erty supplying communication services, includ This extension of coverage applies to each building
ing telephone, radio, microwave, or television described in the "Declarations".
services, to the premises described in the "Decla
rations", such as: 18. Leasehold Interest. We will pay for leasehold inter
est you sustain due to the cancellation of your lease
1) Communication transmission lines (includ
ing fiber optic transmission lines); resulting directly from "loss" or damage to build-
ing(s) or business personal property at the premises
2) Coaxial cables; and
described in the "Declarations" from a peril insured
3) Microwave radio relay except satellites. against.
B. Power Supply Property, meaning the following We will not pay any "loss" you sustain caused by
types of property supplying electricity, steam, or your cancelling the lease.
gas to the premises described in the "Declara
tions":
1) Utility generating plants;
Leasehold interest means the following:
2) Switching stations;
a. Tenant’s Lease Interest, meaning the difference
3) Substations;
between the:
4) Transformers; and
1) Rent you pay at the premises described in
5) Transmission lines. the "Declarations"- and
Electronically Filed 05/04/2020 15:25 / COMPLAINT / CV 20 932204 / Confirmation Nbr. 1993170 /cLMRB
24
2) Rental value of the premises described in the a new lease or other arrangement, the most
"Declarations". we will pay for loss because of the cancella
B. Bonus payments, meaning the unamortized por tion of any one lease is the lesser of:
tion of the cash bonus that will not be refunded a) The loss sustained by you; or
to you. A cash bonus is money you paid to ac b) Your "net leasehold interest" at the time
quire your lease. It does not include: of loss.
1) Rent, whether or not prepaid; or 2) Your "net leasehold interest" decreases au
tomatically each month. The amount of each
2) Security.
decrease is your "monthly leasehold inter
C. Improvements and Betterments, meaning the est". A proportionate share applies for any
unamortized portion of payments made by you period of time less than a month.
for improvements and betterments. It does not
Definitions
include the value of improvements and better
"Gross leasehold interest" means the difference be
ments recoverable under any other insurance, but
only to the extent such other insurance is valid. tween the:
a. Monthly rental value of the premises you lease;
Improvements and betterments are fixtures, al
terations, installations, or additions: and
b. Actual monthly rent you pay including taxes, in
1) Made a part of the building or structure you
surance, janitorial, or other services that you pay
occupy but do not own; and
as part of the rent.
2) You acquire or made at your expense but
cannot legally remove. This amount is not changed:
a. Whether you occupy all or part of the premises;
D. Prepaid Rent, meaning the unamortized portion
of any amount of advance rent you paid that will or
not be refunded to you. This does not include b. If you sublet the premises.
the customary rent due at: "Monthly leasehold interest" means the monthly por
1) The beginning of each month; or tion of covered Bonus Payments, Improvements and
2) Any other rental period. Betterments, and Prepaid Rent. To find your "month
ly leasehold interest", divide your original costs of
Amount of Insurance Bonus Payments, Improvements and Betterments,
We will pay your "net leasehold interest" at the time and Prepaid Rent by the number of months left in
of loss up to $15,000 for loss you sustain because of your lease at the time of the expenditure.
the cancellation of any one lease. This applies to:
"Net Leasehold Interest":
a. Tenant’s Lease Interest
a. Applicable to Tenant’s Lease Interest
1) But, if your lease is cancelled and your land
"Net leasehold interest" means the present value of
lord lets you continue to use your premises
your "gross leasehold interest" for each remaining
under a new lease or other arrangement, the
month of the term of the lease at the rate of inter
most we will pay for loss because of the
est.
cancellation of any one lease is the lesser of:
The "net leasehold interest" is the amount that,
a) The difference between the rent you
equivalent to your receiving the "Gross Leasehold
now pay and the rent you will pay under
Interest" for each separate month of the unexpired
the new lease or other arrangement; or
term of the lease.
b) Your "net leasehold interest" at the time
b. Applicable to Bonus Payments, Improvements
of loss.
and Betterments, or Prepaid Rent.
2) Your "net leasehold interest" decreases au
"Net leasehold interest" means your "monthly
tomatically each month. The amount of "net
leasehold interest" times the number of months
leasehold interest" at any time is your "gross
left in your lease.
leasehold interest" times the leasehold inter
est factor for the remaining months of your 19. Money and Securities. We will pay up to $10,000
lease. A proportionate share applies for any for any one "loss" caused by a peril insured against to
one period of time less than a month. "money" or "securities" while in or on the premises
described in the "Declarations" or within a bank or
b. Bonus Payments, Improvements and Better
savings institution.
ments, and Prepaid Rent
We will pay for "money" and "securities" while being
1) If your lease is cancelled and your landlord
conveyed by the insured or by an authorized employ-
lets you continue to use your premises under
25
ee up to $10,000 for any one "loss" caused by a peril your business would have started if the
insured against. "loss" had not occurred;
We will pay up to $10,000 for "loss" if the "loss" oc provided there is no other insurance applicable.
curs inside the home of the insured or an authorized
This extension shall apply for 90 days after the acqui
employee. sition or start of construction, provided the policy
We will pay for "money" and "securities" destruction remains in force or is renewed.
up to $10,000 for any one "loss" caused by a peril in You shall report values involved and pay any addi
sured against. "Money" and "securities" destruction tional premium.
means "loss" by destruction of "money" and "securi
This extension does not apply to property while in
ties" within the premises described in the "Declara
transit.
tions".
21. Non-Owned Detached Trailers. Business Personal
This does not include "loss" caused by unexplained Property and Personal Property of Others - Coverage
or mysterious disappearance or abstraction. 2 is extended to cover non-owned detached trailers
This extension of coverage applies to each building that you do not own, provided that:
described in the "Declarations". A. The trailer is used in your business;
20. Newly Acquired or Constructed Property. B. The trailer is in your care, custody, or control at
A. If this policy covers Building(s), you may extend the insured premises described in the "Declara
that insurance to apply up to 50% of the limit for tions"; and
Coverage 1 or $500,000, whichever is less, on: C. You have a contractual responsibility to pay for
1) Newly acquired buildings at other than the "loss" or damage to the trailer.
location(s) described in the "Declarations"; We will not pay for any "loss" or damage that occurs:
or a. While the trailer is attached to any motor vehicle
2) New additions, new buildings, and new or motorized conveyance, whether or not the mo
structures when constructed on the insured tor vehicle or motorized conveyance is in mo
premises, including materials, equipment, tion; or
and supplies on or within 1,500 feet of the b. During hitching or unhitching operations or
insured premises;
when a trailer becomes accidentally unhitched
provided there is no other insurance applicable. from a motor vehicle or motorized conveyance.
B. If this policy covers your Business Personal We will pay up to $5,000 for any one "loss" caused
Property and Personal Property of Others, you by a peril insured against to non-owned detached
may extend that insurance to apply up to 25% of trailers.
the limit for Coverage 2 or $250,000, whichever This insurance is excess over the amount due (wheth
is less, on newly acquired Business Personal
er you can collect on it or not) from any other insur
Property and Personal Property of Others in a ance covering such property.
newly acquired or leased building other than the
location(s) described in the "Declarations";
provided there is no other insurance applicable. described in the "Declarations".
C. You may apply up to one month's actual business 22. Peak Season Coverage - Business Personal Prop
income loss or $250,000, whichever is less on: erty and Personal Property of Others - Coverage
1) Newly acquired Building(s) or Business 2. We will pay up to 25% of the limit for Business
Personal Property and Personal Property of Others -
Personal Property and Personal Property of
Others in a newly leased building at other Coverage 2 to cover "loss" to business personal prop
erty during a peak season. We will only provide this
than the location(s) described in the "Decla
increase if you have insured business personal prop
rations"; or
erty to 100% of full replacement cost of your average
2) New additions, new buildings, and new monthly values during the 12 months immediately
structures when constructed on the described preceding the date when the "loss" or damage occurs.
premises, including materials, equipment,
23. Personal Articles. Business Personal Property and
and supplies on or within 1,500 feet of the Personal Property of Others - Coverage 2 is extended
described premises, if "loss" to the new ad
to cover household and personal articles of the in
ditions, new buildings, and new structures sured, the insured's partners, members or managers of
delays the start of your business. The "inter a limited liability company, the insured's officers, or
ruption of business" will start on the day the insured's employees for loss caused by a peril in
26
sured against. We will pay up to $10,000 for any one vehicle of a common or contract carrier; or on a dock,
"loss" at the premises described in the "Declarations". pier, bulkhead, platform, or station while in the cus
This extension of coverage applies to each building tody of a common or contract carrier. The "loss" must
be caused by fire; lightning; flood; earthquake; land
slide; windstorm; collapse of bridge, dock, or culvert;
24. Pollutants Clean Up and Removal. We will cover theft; "robbery"; or collision (excluding roadbed col
the cost to extract "pollutants" from land or water on lision), upset, or overturn of transporting vehicle.
the premises described in the "Declarations" if the re This extension includes $1,000 of coverage for tools
lease, discharge, or dispersal of "pollutants" is caused and equipment.
by a peril insured against during the policy period.
We will pay up to $25,000 for all "losses" throughout This extension applies away from premises only
while in the United States of America, its territories
the year. The "loss" must be reported to us within 180 or possession, Puerto Rico, or Canada.
days after the "loss" or the end of the policy period,
whichever is the later date. 29. Valuable Papers and Records. Business Personal
25. Property in Danger. This policy covers up to 45
2 is extended to cover the "extra expense" incurred in
days for any "loss" to covered property removed from
the reproduction of your valuable papers and records
the premises described in the "Declarations" or at a
and your interest in the valuable papers of others
temporary location because of danger of damage by a
when destroyed by a peril insured against at the
peril insured against or to repair damage to the cov
ered property.
conveyed outside the premises, or temporarily within
This extension of coverage applies to each building other premises for any purpose except storage.
described in the "Declarations". Coverage will also apply while your valuable papers
26. Temporarily Off-Premises - Business Personal and records and your interest in the valuable papers
Property and Personal Property of Others - Cov of others are being moved to and while at a place of
erage 2. This extension includes coverage for busi safety because of imminent danger of "loss" and
ness personal property and personal property of oth while being returned from such place.
ers up to $25,000, and coverage for salesmen's sam "Loss" or damage to valuable papers and records will
ples up to $5,000 for "loss" caused by a peril insured be valued at the cost of restoration or replacement of
against except while in transit and other than "acci the lost or damaged information. To the extent that
dent" or "electronic circuitry impairment" to "covered the contents of the valuable papers and records are
equipment" as provided in Section IV - Additional not restored, the valuable papers and records will be
Coverages - D. Equipment Breakdown Coverage. valued at the cost of replacement with blank materi
This extension applies only to business personal als of substantially identical type.
property and personal property of others at a location Valuable papers and records means inscribed, print
you do not own, lease, or operate and for not more ed, or written:
than 60 days.
a. Documents;
We will cover business personal property and per b. Manuscripts; and
sonal property of others and salesmen's samples at
c. Records;
exhibitions or trade shows for not more than 60 days.
including: abstracts, books, deeds, drawings, films,
This extension shall not apply to property rented to
others and property sold on installment or deferred maps, or mortgages. But valuable papers and records
payment plans after delivery to customers. does not mean "money" or "securities".
27. Transportation - Airborne Property. We will pay This extension is limited to $25,000 for any one
up to $25,000 for "loss" to Business Personal Proper "loss".
ty and Personal Property of Others - Coverage 2 in or This extension of coverage applies to each building
on an "aircraft" owned, leased, or operated by or for described in the "Declarations".
you or in or on an "aircraft" of a common or contract The deductible does not apply to this extension.
carrier. The "loss" must be caused by fire; lightning;
flood; earthquake; landslide; windstorm; theft; rob 30. Heating and Air Conditioning Equipment. Busi
ness Personal Property and Personal Property of Oth
bery; or crashing of the "aircraft".
ers - Coverage 2 is extended to cover heating or air
This extension applies anywhere in the world. conditioning equipment which is in your care, custo
28. Transportation. We will pay up to $25,000 for dy, or control and for which you are contractually re
"loss" to Business Personal Property and Personal sponsible. The heating and air conditioning equip
Property of Others - Coverage 2 in or on a vehicle ment must be permanently attached to the building on
ElectroiowfledF ileaf0d/O4/2O®oW25.V COMp LAIN T/ er/<20 a)32204 / Confiittewemibe.sidB5@ifibBd CLthRBDeclarations".
27
We will pay up to $20,000 for any one "loss" caused within such one year period may continue for a peri
by a peril insured against to heating and air condi od of up to one year from the date such Identity Res
tioning equipment. toration Case Management Services are initiated.
This extension of coverage applies to each building The deductible does not apply to this extension.
A. Data Breach Response Expenses -What is Covered
31. Laptop Computers Off-Premises. We will pay up
to $10,000 for laptops, notebooks, and other 1) Legal and Forensic Information Technology Ser
handheld computers for "loss" caused by a peril in vices - We will pay your necessary and reasona
sured against, other than an "accident" or "electronic ble costs for the following outside professional
circuitry impairment" to "covered property" as pro services:
vided in Section IV - Additional Coverages - D. a) Legal Services - Professional legal counsel
Equipment Breakdown Coverage while in transit, review of the "personal data breach" and
temporarily at your home, or at a premise you do not how you should best respond to it.
own, lease, or occupy. We will only cover laptops,
notebooks, and handheld computers while in the b) Forensic Information Technology Services -
United States of America, its territories or posses Professional information technologies re
sions, Puerto Rico, or Canada. view, if needed, to determine the nature and
extent of the "personal data breach", and the
32. Data Breach Response Expenses. We will pay up
number and identities of the "affected indi
to $10,000 for Data Breach Response Expenses if
viduals".
you have a "personal data breach" that is:
a. First discovered by you during the policy pe 2) Notification to Affected Individuals - We will
riod; pay your necessary and reasonable costs to pro
b. Reported to us within 30 days from the date it vide notification of the "personal data breach" to
is first discovered by you; and "affected individuals".
c. The "personal data breach" takes place in the 3) Services to Affected Individuals - We will pay
"coverage territory". your necessary and reasonable costs to provide
the following services to "affected individuals":
This $10,000 limit of insurance is the most we will
pay for the sum of all costs covered by Data Breach a) Informational Materials - A packet of loss
Response Expenses under Paragraph A. Data Breach prevention and customer support infor
Response Expenses - What is Covered, because of mation is available.
all "personal data breaches" occurring during the pol b) Help Line - A toll-free telephone line for
icy period. "affected individuals" with questions about
the "personal data breach" or wanting to re
We will pay up to $5,000 for the sum of all costs quest additional services as listed in Para
covered under Paragraph A.1) Legal Services and Fo graphs c) and d) below.
rensic Information Technology Services because of
c) Monitoring Services - An electronic service
all "personal data breaches" occurring during the pol
automatically monitoring for activities af
icy period. This sublimit is part of, and not in addi
fecting an individual's credit files, public
tion to, the $10,000 limit of insurance for Data
records, and/or criminal records. Monitor
Breach Response Expenses.
ing Services are subject to the type of data
These limits apply regardless of the number of "per released and to the "affected individuals" en
sonal data breaches" occurring during the policy pe rolled for this service with the designated
riod. service provider.
d)
Identity Restoration Case Management -
A "personal data breach" may first be discovered by
This covers the services of an identity resto
you in one policy period, but it may result in cause
covered costs in one or more subsequent policy peri ration professional. This professional will
ods. If so, the most we will pay for covered costs help the "affected individual" to recover
arising from such "personal data breach" is $10,000. control over their personal identity. This in
cludes, with the permission and cooperation
Coverage for Services to Affected Individuals pro of the "affected individual", contacting au
vided under Paragraph A.3), is limited to costs to thorities, credit bureaus, creditors, and busi
provide such services for a period of up to one year nesses for the process of correcting credit,
from the date of the notification to the "affected indi other records, and accounts, within the con
viduals". Notwithstanding, coverage for Identity straints of what is possible and reasonable,
ElectronRcîgS o£04fa0MWOWT ZCVM 32204 / Confirmation W their personal identity
28
B. Exclusions Data Breach Response Expenses coverage. This
includes, but is not limited to, complying with
We do not cover any costs for a "personal data breach"
reasonable and industry-accepted protocols for
arising from the following:
the following:
1) Your intentional or willful complicity in a "personal a) Providing and maintaining appropriate phys
data breach". ical security for your premises, computer
systems, and hard copy files, electronic me
2) Any criminal; fraudulent; dishonest act, error, or
omission; or any intentional or knowing violation of dia, handheld devices, and storage devices;
the law by you. b) Providing and maintaining appropriate com
puter, network, and Internet security;
3) Any "personal data breach" occurring prior to the
time when Data Breach Response Expenses coverage c) Maintaining and updating at appropriate in
was added to the Ultrapack Plus Commercial Proper tervals back-ups of computer data;
d) Protecting transactions, such as using en
ty Coverage Part regardless of when the first "per
sonal data breach" was discovered by you. cryption when processing credit card, debit
card, and check payments;
4) Any third party liability or defense costs. e) Appropriate disposal of files containing
5) Costs to research any deficiency, except as specifical "personally identifying information", includ
ly provided under Paragraph A. 1)b) Forensic Infor ing shredding hard copy files and destroying
mation Technology Services. This includes, but is not physical media used to store "electronic da
limited to, any deficiency in your systems, proce ta"; and
dures, or physical security that may have contributed f) Providing appropriate security awareness
to a "personal data breach". training on your physical, electronic, and
procedural security measures.
6) Costs to correct any deficiency in your systems, pro
cedures, or physical security that may have contribut 3) Legal Advice - The services provided under this
ed to a "personal data breach". Data Breach Response Expenses coverage are
not legal recommendations for action. Our de
7) Any fines or penalties including, but not limited to,
termination of what is, or is not covered under
fees or surcharges from affected financial institutions.
this coverage does not represent legal advice or
8) Any costs arising out of criminal investigations or counsel from us about what action you should,
proceedings. or should not do.
9) Any threat, extortion, or blackmail including, but not 4) Pre-Notification Consultation - You agree to
limited to, ransom payments and private security as consult with us prior to issuing any notification
sistance. to "affected individuals". We assume no re
sponsibility under this Data Breach Response
10) Any propagation or forwarding of malware, including Expenses coverage for any services promised to
viruses, worms, Trojans, spyware, and keyloggers in
"affected individuals" without our prior agree
connection with hardware or software created, pro
ment. If possible, this pre-notification consulta
duced, or modified by you for sale, lease, or license tion will also include the designated service
to third parties. provider(s) as agreed to under the Service Pro
11) Your reckless disregard for the security of "personal viders Condition. You must provide the follow
ly identifying information" in your care, custody, or ing at our pre-notification consultation with
control. you:
12) Your purposeful off-shoring of the processing, stor a) Information about the "personal data
age, or other use of data containing "personally iden breach" that may appropriately be com
tifying information" to a jurisdiction outside of the municated with "affected individuals";
"coverage territory". and
C. Additional Conditions b) The scope of services that you desire for

the "affected individuals". For example,
1) Bankruptcy or Insolvency - Bankruptcy or in coverage may be structured to provide
solvency of you or your estate will not relieve fewer services in order to make those
us of our obligations under this Data Breach
services available to more "affected indi
Response Expenses coverage.
viduals" without exceeding the available
2) Due Diligence - You agree to use due diligence Data Breach Response Expenses cover
ElectronicallytFipe™b4)2bmjtigiate5(5<Ct5 MPLAfidfPCf 20932204 / Confirmation Nbr. age limit.
1993170 / CLMRB
29
5) Service Providers from service in the United States and Puerto Rico
in accordance with local conditions;
a) We will only pay under this Data Breach
Response Expenses coverage for services c) We cannot guarantee, after our vendor has pro
that are provided by service providers ap vided the applicable services, that the problems
proved by us. Approval of an alternate ven associated with the covered "personal data
dor must be obtained prior to the consulta breach" will be eliminated; and
tion process. We will only pay reasonable d) You will have a direct relationship with the pro
and customary charges associated with ser
fessional service firms paid for in whole or in part
vices covered under this Data Breach Re under this coverage. Those firms work for you.
sponse Expenses coverage provided by an
alternate vendor. 7) Time Limits
b) Prior to the pre-notification consultation de a) You must report a "personal data breach" to us
scribed in the Pre-Notification Consultation within 30 days of your discovery of the "personal
Condition, you must come to an agreement data breach".
with us regarding the service provider(s) to
be used for the Notification to Affected In b) You have up to one year from the date of report
dividuals and Services to Affected Individu ing a "personal data breach" to initiate the ser
vices provided for you.
als as described in Paragraph A. Data
Breach Response Expenses - What is c) An "affected individual" has up to one year from
Covered, Paragraphs 2) and 3). We will the date the notification is received of a "personal
suggest a service provider. If you prefer to data breach" to initiate the credit report monitor
use an alternate service provider, our cover ing services provided.
age is subject to the following limitations:
Once initiated the credit monitoring services will
i. Such alternate service provider(s) must continue to be provided to that person for two
be approved by us prior to the consulta years.
tion process;
d) Credit Report Monitoring and Identity Restoration
ii. Our payment for services provided by Case Management Services will be provided by
any alternate service provider will not our Designated Service Provider for a period of
exceed the amount that we would have 12 consecutive months from the inception of the
paid using the service provider we had Credit Report Monitoring and Identity Restoration
suggested; and Case Management Services.
iii. Such alternate service provider must 8) Additional Duties After a Personal Data Breach - In
provide services that are reasonably case of a covered "personal data breach", you must
equivalent or superior in both kind and perform the following duties:
quality to the services that would have
a) Give us prompt notice of the "personal data
been provided by the service provider
breach". As stated in the Time Limits condition,
we had suggested.
you must report the "personal data breach" to us
c) We will only pay for Legal Services under this within 60 days of "your" discovery.
Data Breach Response Expenses coverage from
b) Take all reasonable steps to protect "personally
licensed legal counsel.
identifying information" remaining in your care,
6) Services - The following conditions apply regarding custody, or control.
any services provided to you or any "affected indi
vidual" by us, our designees, or any service firm paid c) Preserve all evidence of the "personal data
breach".
for in whole or in part under this Data Breach Re
sponse Expenses coverage: d) Permit us to inspect the property and records
proving the "personal data breach".
a) The effectiveness of such services depends on
your cooperation and assistance;
e) Send us, within 60 days after the "personal data
b) All services may not be available or applicable to breach", your signed and sworn proof of loss
all "affected individuals". For example, "affected statement which includes:
individuals" who are minors or foreign nationals
may not have credit records that can be provided i. Time and cause of the "personal data breach";
or monitored. Service in Canada will be different ii. Other policies which may cover the "personal
Electronically Filed 05/04/2020 15:25 / COMPLAINT / CV 20 932204 / Confirmation dlOta ttr9tcK"9 / CLMRB
30
iii. The method of the "personal data breach"; viduals" for another reason, such as being an
employee of yours.
iv. The approximate number of "affected indi
viduals" as a result of the "personal data 3. An "affected individual" may reside anywhere in the
breach"; world but must be a citizen or legal alien of the Unit
ed States (its territories and possessions), Puerto Ri
v. A detailed description of the type and nature co, or Canada with a valid Social Security Number
of the information that was compromised;
(SSN) or Social Insurance Number (SIN).
vi. Whether or not the information was encrypt
• "Malicious code" means any loss of data that results
ed and if so, the level of encryption; from a worm, virus, Trojan, BOT, or other piece of
vii. Whether or not law enforcement has been no computer code, software, spyware, or malware that is
tified; used to collect, destroy, alter, retrieve, or affect com
puter software and/or data on a computer system,
viii. If available, the states in which the "affected network, storage device, Smartphone, or other pe
individuals" are domiciled; and
ripheral device; and on the date the "personal data
ix. If available who received the "personally breach" occurred is named and recognized by the
identifying information" as a result of the CERT Coordination Center or any other industry ac
"personal data breach". ceptable third party antivirus, antimalware, or other
solution that monitors malicious code activity.
D. Additional Data Breach Definitions
• "Personal data breach" means the loss, theft, acci
• "Affected Individual" means any person who is your
dental release, or accidental publication of "personal
current, former, or prospective customer, client, mem
ly identifying information" regarding one or more
ber, director, or employee and whose "personally iden
tifying information" is lost, stolen, accidentally re "affected individual(s)", if such loss, theft, accidental
release, or accidental publication has or could rea
leased, or accidentally published by a "personal data
sonably result in the fraudulent use of such infor
breach" covered under this Extension of Coverage. mation. This definition is subject to the following
This definition is subject to the following provisions:
provisions:
1. "Affected individual" does not include any busi
ness or organization. Only an individual person 1. At the time of the loss, theft, accidental release,
or accidental publication, the "personally identi
may be an "affected individual".
fying information" must be in your direct care,
2. An "affected individual" must have a direct rela custody, or control.
tionship with your interests as an insured under this
2. "Personal data breach" includes disposal or
policy. The following are examples of individuals
who would not meet this requirement: abandonment of "personally identifying infor
mation" without appropriate safeguards such as
a. If you aggregate or sell information about indi shredding or destruction, subject to the following
viduals as part of your business, the individuals provisions:
about whom you keep such information do not
a. Your failure to use appropriate safeguards
qualify as "affected individuals". However, spe must be accidental and not reckless or delib
cific individuals may qualify as "affected indi
erate; and
viduals" for another reason, such as being an
employee of yours. b. Such disposal or abandonment must take
place during the time period for which this
b. If you store, process, transmit, or transport rec Data Breach Response Expenses coverage is
ords, the individual whose "personally identify
effective.
ing information" you are storing, processing,
transmitting, or transporting for another entity do 3. "Personal data breach" includes situations where
not qualify as "affected individuals". However, there is a reasonable cause to suspect that such
specific individuals may qualify as "affected in "personally identifying information" has been
dividuals" for another reason, such as being an lost, stolen, accidentally released, or accidentally
employee of yours. published, even if there is no firm proof.
c. You may have operations, interests, or properties All "personal data breach" that are discovered at the
that are not insured under this policy. Individuals same time or arise from the same cause will be con
who have a relationship with you through such sidered one "personal data breach".
other operations, interests, or properties do not
"Personally identifying information" means information
qualify as "affected individuals". However, spe-
that could be used to commit fraud or other illegal activity
lFyificieindivM20aWl/ify<PfWd C$20 932204 / Confirmation Nbr. 1993170 / CLMRB
Electronica
31
involving the credit or identity of an "affected individual". 2. APPRAISAL
This includes but is not limited to, social security num
bers, drivers' license numbers, credit card numbers, bank If you and we fail to agree on the cost to repair damage to
covered property caused by a covered peril insured
account information, or any other account numbers corre
against, either party may make written demand for an ap
lated with names and addresses.
praisal. Each party will select an appraiser and notify the
SECTION IX - WHEN AND WHERE THIS POLICY AP other of the appraiser’s identity within 20 days after the
PLIES demand is received. The appraisers will select a compe
1. When tent and impartial umpire. If the appraisers are unable to
This policy applies to losses that occur during the policy agree upon an umpire within 15 days after both appraisers
period. Unless otherwise specified in the "Declarations", have been identified, you or we can ask a judge of a court
"Renewal Certificate", "Amended Declarations", "Re of record in the state where your principal office is locat
vised Declarations", or endorsement, the policy period ed to select an umpire.
begins and ends at 12:01 AM Standard Time at the stated The appraisers shall then determine the cost to repair
address of the Named Insured. An "Amended Declara damage to covered property. If the appraisers submit a
tions" or endorsement tells you that the policy has been written report of an agreement to us, the amount agreed
changed. A "Renewal Certificate" tells you that the policy upon shall be the amount of direct and accidental “loss”
is being renewed for another policy period. of or damage to covered property. If they cannot agree
2. Where they will submit their differences to the umpire. A writ
The United States, its territories and possessions, Puerto ten award by two will determine the amount of direct and
Rico, and Canada. accidental “loss” of or damage to covered property.
Each party will pay the appraiser it chooses, and equally

SECTION X - COMMERCIAL PROPERTY CONDI bear expenses of the appraisal. However, if the written
TIONS demand for appraisal is made by us, we will pay for the
reasonable cost of your appraiser and your share of the
1. ABANDONMENT OF PROPERTY
cost of the umpire.
We will not accept abandoned property.
We will not be held to have waived any rights by any act
relating to appraisal.
This is not an agreement to arbitrate. The appraisers and

umpire are only authorized to determine actual cash value
or the cost to repair or replace the damaged property. The
appraisers and umpire are not authorized to determine if a
“loss” is covered or excluded under the policy.
3. DIVISIBLE CONTRACT
The breach of a policy condition in one building or loca
tion will have no effect on the coverage on another where
no breach exists.
4. LIMITATION - ELECTRONIC MEDIA AND REC

ORDS
We will not pay for any loss of "income" or "rental in
come" caused by direct physical damage to electronic
media and records after the longer of:
a. Sixty (60) consecutive days after the date of the phys

ical "loss" or damage; or
b. The period beginning with the date of direct physical

"loss" or damage to repair, rebuild, or replace, with
reasonable speed and similar quality, other property
at the insured premises due to "loss" caused by the
same occurrence.
Electronic media and records mean:
a. Electronic data processing, recording, or storage me-
Electronically Filed 05/04/2020 15:25 / COMPLAINT / CV 20 932204 / ConfiidriatjunhNbrfit99E3 1:7|SL'ACdjMRHlrums. or cells;
32
b. Data stored on such media; or Mortgagee's Duties
c. Programming records used for electronic data pro The mortgagee will:
cessing or electronically controlled equipment. a. Furnish proof of "loss" within 60 days if you fail to
This condition does not apply to "extra expense". do so;
5. LOSS PAYMENT b. Pay upon demand any premium due if you fail to do
We will adjust all "losses" with you. We will pay you un so;
less some other person is named in the policy or is legally c. Notify us of any change in ownership or occupancy
entitled to receive payment. We will not pay you more or any increase in hazard of which the mortgagee has
than your financial interest in the covered property. knowledge;
"Loss" will be payable 30 days after we receive your d. Give us his or her right of recovery against any party
proof of "loss" if you have complied with all the terms of liable for "loss". This shall not impair the right of the
this coverage part and one of the following has been done: mortgagee to recover the full amount of the mortgage
a. We have reached an agreement with you; debt; and
b. There is an entry of final judgment; or e. After a "loss", permit us to satisfy the mortgage re
quirements and receive full transfer of the mortgage
c. There is a filing of an appraisal award on your behalf.
and all "securities" held as collateral to the mortgage
We have the option to: debt.
a. Pay the value of that part of the damaged property; Policy conditions relating to APPRAISAL, LOSS
b. Pay the cost to repair or replace that part of the dam PAYMENT, and SUITS AGAINST US apply to the
aged property, but this does not include the increased mortgagee.
cost of construction due to enforcement of or compli This mortgagee interest provision shall apply to any trus
ance with any ordinance or law regulating the con tee or loss payee named in the "Declarations".
struction or repair of the damaged building;
7. NO BENEFIT TO BAILEE
c. Take all or part of the damaged property at an agreed
No bailee shall benefit, directly or indirectly, from this in
or appraised value; or
surance.
d. Repair or replace that part of the damaged property
8. OTHER INSURANCE
with material of like kind and quality, but this does
not include the increased cost of construction due to You may have other insurance subject to the same plan,
any ordinance or law regulating the construction or terms, conditions, and provisions as insurance under this
repair of the damaged building. Coverage Part. If you do, we will pay our share of the
covered loss or damage. Our share is the proportion that
We will not pay more than the amount of insurance
the applicable Limit of Insurance under this Coverage
shown in the "Declarations" applicable to the dam
Part bears to the Limits of Insurance of all insurance cov
aged or destroyed property.
ered on the same basis.
Pennsylvania only:
If there is other insurance covering the same loss or dam
We must give the insured notice of our intent to re age, other than that described in the paragraph above, we
pair or replace within 15 working days after we re will pay only for the amount of covered loss or damage in
ceive your sworn proof of loss. excess of the amount due from the other insurance,
whether you can collect on it or not. But we will not pay
6. MORTGAGEE more than the applicable Limit of Insurance.
"Loss" shall be payable to mortgagees named in the "Dec 9. PROPERTY OF OTHERS

larations", to the extent of their interest and in the order of If we are called upon to pay a "loss" for property of oth
precedence. ers, we reserve the right to adjust the "loss" with the own
Our Duties er. If we pay the owner, such payments will satisfy your
claims against us for the owner's property.
We will:
In case of disagreement with the property owner, we will
a. Protect the mortgagee's interest in an insured build
conduct the defense on your behalf at our expense.
ing. This protection will not be invalidated by any act
or neglect of the insured, any breach of warranty, in 10. PROTECTIVE SAFEGUARDS
crease in hazard, change of ownership, or foreclosure You must maintain, as far as is within your control, any
if the mortgagee has no knowledge of these condi protective safeguards shown in the "Declarations". Failure
tions; or to do so will suspend the coverage of this policy at the af
b. Give the mortgagee 30 days notice before cancella fected location. Coverage will not be suspended if you no
tion or refusal to renew this policy. tify us immediately when the system is not in operation
33
because of repairs or maintenance and you comply with c. To household furniture or apartment and dwell
our requests and directions at that time. ing contents;
11. RECORDS d. To manuscripts;
You must keep proper records so that we can accurately e. To paintings, etchings, pictures, tapestries, statu
determine the amount of "loss". ary, marbles, bronzes, antique furniture, rare
12. RECOVERIES books, antique silver, porcelains, rare glassware,
If either you or we recover any property after settlement, bric-a-brac, or other articles of art, rarity, or an
that party must notify the other. Expenses of recovery will tiquity; or
be deducted from the value of the property. The balance f. To obsolete property.
of the proceeds will be divided according to your and our You may choose to accept payment on an actual cash
interests. value basis. If you do choose an actual cash value ba
At your option, the recovered property will be returned to sis, you can still select a replacement cost basis if the
you. You must then return to us the amount we paid to building(s) or business personal property or personal
you for the property. We will pay the expenses of the re property of others is repaired or replaced within six
covery and the expenses to repair the recovered property, months of "loss".
up to the Limit of Insurance. As respects "covered equipment" that sustains a
"loss" resulting from an "accident" or "electronic cir
13. REPLACEMENT COST COVERAGE
cuitry impairment:
After a covered "loss" to your Building(s) - Coverage 1 or a. The amount of our payment will be based on the
Business Personal Property or Personal Property of Oth
most cost-effective means to replace the func
ers - Coverage 2, our payment will be on a replacement
tion, capacity, and remaining useful life of the
cost basis, instead of an actual cash value basis, thereby
damaged property. This may include the use of
eliminating deduction for depreciation. Payment will not
generic, used, or reconditioned parts, equipment,
exceed the Limit of Insurance shown in the "Declara or property.
tions".
b. Except as described in Section X Commercial
We will not pay replacement cost until the damaged or
Property Conditions - 4. Environmental,
destroyed property is actually repaired or replaced. Re
Safety and Efficiency Improvements, you must
pairs or replacement must be made as soon as practicable. pay the extra cost of replacing damaged property
We will pay the smaller of the following: with property of a better kind or quality or of a
a. The amount of insurance applicable to the dam different size or capacity.
aged or destroyed property; c. The most we will pay in any "one equipment
b. The cost of replacement on the same premises breakdown" for "loss", damage, or expense is the
with material of like kind and quality and intend applicable limit of protection as set forth in the
ed for the same use; or "Declarations".
c. The amount actually spent in repairing or replac 14. RESUMPTION OF YOUR BUSINESS
ing the property. We will reduce the amount of your:
In order to obtain replacement cost on Business Per a. Income protection loss, other than "extra ex
sonal Property or Personal Property of Others - Cov pense", to the extent that you can resume your
erage 2, the amount of insurance shown in the "Dec business, in whole or in part, by using damaged
larations" for Business Personal Property or Personal or undamaged property (including business per
Property of Others - Coverage 2 must be 100% or sonal property) at the premises described in the
more of your average monthly values for the last 12 "Declarations" or elsewhere.
months preceding the date of "loss". In the event you b. "Extra expense" loss to the extent you can return
have been in business for less than 12 months, the your business to normal and discontinue such
average monthly value will be based on the shorter "extra expense".
period of time.
We will not pay for "loss" on a replacement cost ba
We may not be sued unless there is full compliance
sis:
with all the terms of this policy. Suit must be brought
a. Due to any ordinance or law regulating the con within 2 years (Maryland and North Carolina - 3
struction or repair of buildings; years) after the "loss" occurs.
b. To stock (raw, in process, or finished) or mer 16. VACANCY AND UNOCCUPANCY
chandise including materials and supplies in
Property may be unoccupied without limit of time. If
connection therewith;
the building at which the "loss" occurs is vacant for
Electronically Filed 05/04/2020 15:25 / COMPLAINT / CV 20 932204 / Confirmation Nbr 1993170 / CLMRB
34
more than 60 consecutive days before the "loss", then f. Cooperate with us in our investigation of a "loss"
we will: and any suits;
a. Not pay for any "loss" caused by: g. Separately submit to examinations under oath
and sign a transcript of the same;
1) Vandalism or malicious mischief, water
damage, glass breakage, or theft; or h. Send us, within 90 days after the "loss", your
2) Sprinkler leakage unless you have exercised signed and sworn proof of loss statement which
reasonable care to protect the system against includes:
freezing. 1) Time and cause of "loss";
b. Pay for other covered "losses", but we will re 2) Your interest in the property and the interest
duce the amount of payment by 15%. of all others involved;
For a tenant operated business, the building means 3) Any encumbrances on the property;
the unit or suite rented or leased to the tenant. Such 4) Other policies which may cover the "loss";
building is vacant when it does not contain enough
5) Any changes in title, use, occupancy, or pos
business personal property to conduct customary op
session of the property which occurred dur
erations.
ing the policy term;
For the owner of the building, the building means the
6) When required by us any plans, specifica
entire building. Such building is vacant unless at least
tions, and estimates for the repair of the
31% of its total square footage is:
damaged building; and
a. Rented to a lessee or sub-lessee and used by the
7) The inventory of damaged property as pre
lessee or sub-lessee to conduct its customary op
erations; and/or pared in c. above;
b. Used by the building owner to conduct custom i. In addition to the other conditions under Income
ary operations.
Protection - Coverage 3, make necessary re
placements or repairs and use all available means
Buildings under construction or renovation are not
to eliminate any unnecessary delay in order to
considered vacant or unoccupied. resume operations as soon as possible;
17. VALUATION j. Agree to help us enforce any right of recovery
We will determine the value of covered property in against any party liable for "loss" under this pol
the event of "loss" to stock you have sold but not de icy. This will not apply if you have waived re
livered. It will be valued at the selling price less any covery rights in writing prior to a "loss".
discounts and expenses you otherwise would have
SECTION XI - DEFINITIONS
had.
18. YOUR DUTIES AFTER A LOSS • "Accident" means a fortuitous event that causes direct
In case of a covered "loss", you must perform the fol physical damage to "covered equipment". The event must
be one of the following:
lowing duties:
1. Mechanical breakdown, including rupture or bursting
a. Give us or our Agent immediate notice. If a
crime "loss", also notify the police (except Vir caused by centrifugal force;
ginia); 2. Artificially generated electrical current, including
electrical arcing, that disturbs electrical devices, ap
b. Protect the property from further damage. If nec
pliances, or wires;
essary for property protection, make reasonable 3. Explosion of steam boilers, steam piping, steam en
repairs and keep a record of all repair costs;
gines, or steam turbines owned or leased by you or
c. Furnish a complete inventory of damaged prop operated under your control;
erty stating its original cost. At our request, fur 4. "Loss" or damage to steam boilers, steam pipes,
nish a complete inventory of undamaged proper steam engines, or steam turbines caused by or result
ty stating its original cost. If a "loss" is both less ing from any condition or event inside such equip
than $10,000 and less than 5% of the amount of
ment;
insurance, no special inventory and appraisal of 5. "Loss" or damage to hot water boilers or other water
the undamaged property shall be required; heating equipment caused by or resulting from any
d. Produce for examination, with permission to condition or event inside such boilers or equipment.
copy, all books of accounts, bills, invoices, re None of the following is an "accident"
ceipts, and other vouchers as we may reasonably Defect, programming error, programming limitation,
1.
require;
computer virus, malicious code, loss of "data", loss of
e. Show us or our representative the damaged prop- electronic data, access, loss of use, loss of functional-
Electronicaiytyikfts 050n/20maytb2êaC®MblL/XeqwejV 20 932204 / Confirmation Nbr. 1993170 / CLMRB
35
ity or other condition within or involving "data" or 6. "Vehicle" or any equipment mounted on a "vehicle"
"media" of any kind; or as respects Section IV - Additional Coverages - D.
2. Misalignment, miscalibration, tripping off-line, or Equipment Breakdown Coverage means any ma
any condition which can be corrected by resetting, chine or apparatus that is used for transportation or
tightening, adjusting or cleaning, or by the perfor moves under its own power. "Vehicle" includes, but
mance of maintenance. is not limited to: car, truck, bus, trailer, train, "air
However, if an "accident" results, we will pay for the re craft", watercraft, forklift, bulldozer, tractor, or har
sulting "loss", damage or expense caused by that "acci vester.
dent" However, any property that is stationary, permanent
• "Aircraft" means any machine or device capable of at ly installed at a covered location, and that receives
mospheric flight except model airplanes. electrical power from an external power source will
not be considered a "vehicle";
• "Automobile" means a land motor vehicle, trailer, or
semi-trailer designed for travel on public roads (including 7. Satellite, spacecraft, or any equipment mounted on a
any attached machinery or equipment), but does not in satellite or spacecraft; or
clude "mobile equipment". 8. Equipment manufactured by you for sale.
• "Burglary" means the taking of business personal property • "Declarations", "Amended Declarations", "Revised Dec
and personal property of others from inside the premises larations", and "Renewal Certificate" means the form
described in the "Declarations" by a person unlawfully which shows your coverages, limits of protection, premi
entering or exiting the premises as evidenced by visible um charges, and other information. This form is part of
marks of forcible entry or exit. It includes "loss" to the your policy.
building and its equipment resulting from "burglary" or • "Electronic circuitry" means microelectronic components,
attempted "burglary". including but not limited to circuit boards, integrated cir
• "Buried vessels or piping" means any piping or vessel cuits, computer chips, and disk drives.
buried or encased in the earth, concrete, or other material, • "Electronic circuitry impairment" means a fortuitous
whether above or below grade, or in an enclosure which event involving "electronic circuitry" within "covered
does not allow access for inspection and repair. equipment" that causes the "covered equipment" to sud
• "Cloud computing services" means professional, on- denly lose its ability to function as it had been functioning
demand, self-service data storage or data processing ser immediately before such event. This definition is subject
vices provided through the Internet or over telecommuni to the conditions specified in 1., 2., and 3. Below.
cations lines. This includes services known as IaaS (in- 1. We shall determine that the reasonable and appropri
frastucture as a service), PaaS (platform as a service),
ate remedy to restore such "covered equipment's"
SaaS (software as a service) and NaaS (network as a ser ability to function is the replacement of one or more
vice). This includes business models known as public "electronic circuitry" components of the "covered
clouds, community clouds, and hybrid clouds. "Cloud equipment".
computing services" include private clouds if such ser 2. The "covered equipment" must be owned or leased
vices are owned and operated by a third party. by you, or operated under your control.
• "Covered equipment" means covered property: 3. None of the following is an "electronic circuitry im
pairment":
1. That generates, transmits, or utilizes energy;; or
a. Any condition that can be reasonably remedied
2. Which, during normal usage, operates under vacuum
by:
or pressure, other than weight of its contents. 1) Normal maintenance, including but not lim
"Covered equipment" may utilize conventional design and ited to replacing expendable parts, recharg
technology or new or newly commercialized design and ing batteries, or cleaning;
technology. 2) Rebooting , reloading, or updating software
None of the following is "covered equipment": or firmware; or
3) Providing necessary power or supply.
1. Insulating or refractory material;
b. Any condition caused by or related to:
2. "Buried vessel or piping", sewer piping, or piping 1) Incompatibility of the "covered equipment"
forming a part of a fire protection system; with any software or equipment installed, in
3. Water piping that is not part of a closed loop used to troduced, or networked within the prior 30
conduct heat or cooling from a boiler or a refrigera days; or
tion or air conditioning system; 2) Insufficient size, capability, or capacity of
4. Structure, foundation, cabinet, or compartment the "covered equipment".
c. Exposure to adverse environmental conditions,
5. Dragline, excavation, or construction equipment;
including but not limited to change in tempera-
Electronically Filed 05/04/2020 15:25 / COMPLAINT / CV 20 9 34 / Confirmation Nbr. 1993170 / CLMRB
36
ture or humidity, unless such conditions result in 4. Vehicles, whether self-propelled or not, maintained
an observable loss of functionality. Loss of war primarily to provide mobility to permanently mount
ranty shall not be considered an observable loss ed:
of functionality. a. Power cranes, shovels, loaders, diggers, or drills;
"Electronic data" means information, facts, or computer or
programs stored as or on, created or used on, or transmit b. Road construction or resurfacing equipment such
ted to or from computer software (including systems and as graders, scrapers, or rollers;
applications software), on hard or floppy disks, CD-
ROMs, DVDs, tapes, drives, cells, data processing devic 5. Vehicles not described in 1., 2., 3., or 4. above that
es, or any other repositories of computer software which are not self-propelled and are maintained primarily to
provide mobility to permanently attached equipment
are used with electronically controlled equipment. The
term computer programs, referred to in the foregoing de of the following types:
scription of "electronic data", means a set of related elec a. Air compressors, pumps, and generators, includ
tronic instructions which direct the operations and func ing spraying, welding, building cleaning, geo
tions of a computer or device connected to it, which ena physical exploration, lighting, and well servicing
ble the computer or device to receive, process, store, re equipment; or
trieve, or send data. This paragraph does not apply to your b. Cherry pickers and similar devices used to raise
stock of prepackaged software. or lower workers;
"Extra expense" means the necessary expenses incurred 6. Vehicles not described in 1., 2., 3., or 4. above main
by you during the "interruption of business" that would tained primarily for purposes other than the transpor
not have been incurred if there had been no direct "loss" tation of persons or cargo. However, self-propelled
to covered property caused by a peril insured against. vehicles with the following types of permanently at
"Fungus" means any type or form of "fungus", including tached equipment are not "mobile equipment" but are
mold or mildew and any mycotoxins, spores, scents, or considered "automobiles":
by-products produced or released by "fungi". a. Equipment designed primarily for:
"Hazardous substance" means any substance that is haz 1) Snow removal;
ardous to health or has been declared to be hazardous to 2) Road maintenance, but not construction or
health by a governmental agency. resurfacing; or
"Income" means the sum of net income (net profit or loss 3) Street cleaning;
before income taxes) that would have been earned or in b. Cherry pickers and similar devices mounted on
curred and necessary continuing operating expenses in
an "automobile" or truck chassis and used to
curred by the business such as payroll expenses, taxes, in
raise or lower workers; and
terests, and rents. c. Air compressors, pumps, and generators, includ
"Interruption of business" means the period of time that
ing spraying, welding, building cleaning, geo
your business is partially or totally suspended and it: physical exploration, lighting, and well servicing
1. Begins with the date of direct "loss" to covered prop equipment.
erty caused by a peril insured against; and
"Money" means:
2. Ends on the date when the covered property should 1. Currency, coins, and bank notes in current use and
be repaired, rebuilt, or replaced with reasonable having a face value; and
speed and similar quality.
2. Travelers checks, register checks, credit card slips,
"Loss" means direct and accidental loss of or damage to and money orders held for sale.
covered property. "Money'" does not include crypto-currencies such as
"Media" means material on which "data" is recorded such Bitcoin.
as solid state drives, hard disks, optical disks, flash drives,
magnetic tapes, or floppy disks. "One equipment breakdown" means if an initial "acci
dent" or "electronic circuitry impairment" causes other
"Mobile equipment" means any of the following types of "accidents" or "electronic circuitry impairments", all will
land vehicles (including any attached machinery or be considered "one equipment breakdown". All "acci
equipment): dents" or "electronic circuitry impairments" that are the
1. Bulldozers, farm machinery, forklifts, and other vehi result of the same "accident" or "electronic circuitry im
cles designed for use principally off public roads; pairment" will be considered "one equipment break
2. Vehicles maintained for use solely on or next to down".
premises you own or rent; "Pollutants" mean any solid, liquid, gaseous, or thermal
3. Vehicles that travel on crawler treads; irritant or contaminant, including smoke, vapor, soot,
37
fumes, acids, alkalis, chemicals, and waste. Waste in "Robbery" means the taking of business personal property
cludes materials to be recycled, reconditioned, or re and personal property of others from the care, custody,
claimed. and control of a person by one who has:
"Rental income" means: 1. Caused or threatened to cause that person bodily
harm; or
1. The rents from the tenant occupancy of the premises
described in the "Declarations"; 2. Committed an obviously unlawful act witnessed by
2. Continuing operating expenses incurred by the busi that person.
ness such as: "Securities" means negotiable and non-negotiable instru
a. Payroll; and ments or contracts representing either "money" or other
b. All expenses for which the tenant is legally re property and includes:
sponsible and for which you would otherwise be 1. Tokens, tickets including lottery tickets, food stamps,
responsible; revenue, and other stamps (whether represented by
actual stamps or unused value in a meter) in current
3. Rental value of the property described in the "Decla use; and
rations" and occupied by you; or
2. Evidences of debt issued in connection with credit or
4. Incidental income received from coin-operated laun
charge cards not issued by you.
dries, hall rentals, or other facilities on the premises
described in the "Declarations". "Securities" does not include "money".
38
Exhibit H
ERIE INSURANCE
ULTRAPACK PLUS
PK-JK (Ed. 9/18)CL-0348
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RESTAURANTS ENHANCEMENT ENDORSEMENT

This endorsement modifies insurance provided under the following:
ULTRAPACK PLUS COMMERCIAL PROPERTY Section IV - Additional Coverages and Section VIII -
COVERAGE PART B. Extensions of Coverage.
This Blanket Amount of Insurance may be applied to
A. The amount of insurance is increased for these coverag any one coverage or combination of coverages shown in
es under Section VUI - B. Extensions of Coverage:
La. and 1. b. and 2. a. through 2. f.. However, the most
1. Check, Credit, Debit or Charge Card Forgery or we will pay under this endorsement for "loss" or dam
Alteration is increased from $5,000 to $15,000 for age resulting from any one occurrence at any premises
any one "loss". ■ described in the "Declarations" is $250,000. The Blan
ket Amount of Insurance applies separately to each
2. Counterfeit Money is increased from $1,000 to premises described in the "Declarations".
$11,000 for any one "loss". .
3. Employee Dishonesty is increased from $10,000 to C. Business Personal Property - Food Trucks or Trail
$25,000 for any one "loss". ers " ' '• ■ ■
4. Income Protection — Off-Premises Utility Prop Paragraph A. Covered Property under Business Per
. erties Failure is increased from $25,000 to $50,000 sonal Property and Personal Property of Others -
for any one "loss". Coverage 2 is deleted and replaced by the following:
5. The percentage for Peak Season Coverage - Busi Business Personal Property and Personal Property of
ness Personal Property and Personal Property of Others means:
Others - Coverage 2 is increased from 25% to 1. Personal property pertaining to your business, pro
50% to cover "loss" during a peak season. fessional or institutional activities, including
leased- property for which you are contractually re
B. We will pay up to $250,000 as a Blanket Amount of sponsible;
Insurance which may be applied to any of the following
coverages or combination of the following coverages:
tody, or control;
1. Under Section IV — Additional Coverages - Elec 3. ■ Labor, materials, dr services furnished or arranged
tronic Data Processing Equipment and Electron by you on personal property of others;
ic Data Coverage: 4. Your use interest as a tenant in improvements and
a. Electronic Data - Expenses for Reproduction betterments. Improvements and betterments are fix
or Replacement; or tures, alterations, installations, or additions:
b. Electronic Data Processing Equipment — Com a. Made a part of the building or structure you
puter Virus. , occupy but do not own; and
2. Under Section VUI - B. Extensions of Coverage: b. You acquired or made at your expense but
a. Accounts Receivable; cannot legally remove;
b. Business Personal Property and Personal Prop 5. Exterior signs, lights, and clocks which you own or
erty of Others - Temporarily Off-Premises; which are in your care, custody, or control and for
c. Debris Removal;' which you are contractually responsible. Exterior
signs, lights, and clocks must be permanently at
d. Fine Arts;
tached to the building on the premises described in
e. Transportation; or . the "Declarations" or if unattached to the building,
f. Valuable Papers and Records. must be permanently mounted on the premises de
scribed in the "Declarations";
932204 Z M 1199317% CLMRB custody, or control and
amount of insurance provided for these coverages in
for which you are contractually responsible. The
1
glass must be part of the building described in the age to property on the premises described in the "Decla
"Declarations", including glass in wall cases. rations" or to your food truck or trailer when anywhere
Our payment for "loss" to glass will also include: in the coverage territory from a peril insured against.
"Loss" or damage also includes covered property in the
a. Replacement of building glass with safety glaz
"Declarations" or within 1,500 feet thereof, or to your
food truck or trailer when anywhere in the coverage ter
b. Replacement of lettering, ornamentation, or ritory.
burglar alarm foil;
If you are a tenant, your premises are the portion of the
c. Repair or replacement of frames; building described in the "Declarations" which:
d. Installation of temporary coverings; and 1. You rent, lease, or occupy;
e. Removal of obstructions; 2. All routes within the building that service or are
while in or on the described buildings, or in the open, or used to gain access to the described premises; and
in a vehicle on the premises described in the "Declara 3. The area within 1,500 feet of the premises de
tions" or within 1,500 feet thereof, or on your food truck scribed in the "Declarations" (with respect to "loss"
or trailer when anywhere in the coverage territory. or damage to covered property in the open or in a
Our payment for "loss" of or damage to personal proper vehicle).
ty of others will only be made to the owner of the prop You are required to resume’normal business operations
erty. ' as promptly as possible and shall use all available
means to eliminate any unnecessary delay.
D. Merchandise - Deferred Payment is added to Section
I — Coverages under Business Personal Property and B. Extra Expense Coverage
Personal Property of Others - Coverage 2:
"Extra expense" coverage is provided at the premises
We .will pay up to $5,000 to merchandise which you described in the "Declarations" or to your food truck or
have sold under a conditional sale, trust agreement, or trailer anywhere in the coverage territory.
any installment or deferred payment plan after delivery
to buyers provided "loss" dr damage is caused by a peril "Extra expense" means necessary expenses you incur
insured against. due to partial or total "interruption of business" resulting
directly from "loss" or damage to property on the prem
When a total "loss" to covered property occurs, deferred ises described in the "Declarations" or to your food
payments are valued on the amount shown on your truck or trailer anywhere in the coverage territory from
books as due from the buyer. . a peril insured against. "Loss" or damage also includes
When partial "loss" to covered property occurs and the property in the open, or in a vehicle, on the premises de
buyer refuses to continue payment, forcing you to re scribed in the "Declarations" or within 1,500 feet there
possess, deferred payments are valued as follows: of, or to your food truck or trailer when anywhere in the
coverage territory.
1. If the realized value of the repossessed property is
greater than or equal to the amount shown on your We will pay necessary actual and necessary "extra ex
books, as due from the buyer, we will make no penses" (other than the expense to repair or replace
payment; but property) sustained by you to:
2. If the realized value of the repossessed property is 1. Avoid or minimize the "interruption of business" and
less than the amount shown on your books as due to continue your business operations:
from the buyer, we will pay the difference. a. At the premises described in the "Declarations";
When a total or partial "loss" occurs and the buyer con or
tinues to pay you, we will make no loss payment. b. At replacement premises or at temporary loca
E. Income Protection - Food Trucks or Traders tions, including:
Income Protection — Coverage 3 of Section I - Cov 1) Relocation expenses; and

erages is deleted and replaced by the following: 2) Costs to equip and operate the replace
A. Income Protection Coverage ment of temporary locations; or
Income Protection means loss of "income" and/or "rent c. Anywhere in the coverage territory for your food
Elattrnojnaiiy 1^105041/2020 fc6[2frt/ COMRLAINTteCV (20 932204 / Confirirtatok ttttra»993170 / CLMRB •
tion of business" resulting directly from "loss" or dam-
2
2. Minimize the "interruption of business" if you cannot a. Four consecutive weeks after the date of that action;
continue your business operations to the extent it reduc or
es the amount of loss that would have been payable un b. When your Civil Authority coverage for "income"
der loss of "income" and/or "rental income”. and/or "rental income" ends;
We will not pay any "loss" or damage to your Build- whichever is later.
ing(s), Business Personal Property and Personal Proper
ty of Others, or food truck or trailer. We also will not
pay the cost of research or any other expense to replace We will also pay your actual loss of "income" and/or
or restore your valuable papers and records or "electron "rental income" for an additional 60 days if your "in
ic data". We will pay the cost to repair or replace your come" and/or "rental income" after operations are re
covered property and the amount to research, replace, of sumed is less than your "income" and/or "rental in
restore the lost information on damaged valuable papers come" before the loss. The additional amount we will
and records or "electronic data" to the extent it reduces pay will start after the later of the following times:
the amount of loss that would have been payable under
a. The date on which the liability for Income Protec
loss of "income" and/or "rental income".
tion - Coverage 3 would terminate if this clause had not
C. Additional Coverages been included; or
b. The date on which repair, replacement, or rebuilding
1. Civil Authority
of such part of the damaged or destroyed property de
When a peril insured against causes damage to property scribed in the "Declarations" or to your food truck or
other than property at the premises described in the trailer is actually completed.
"Declarations", we will pay for the actual loss of "in
come" and/or "rental income" you sustain arid necessary
D. Amount of Insurance
"extra expense" causied by action of civil authority that
prohibits access to the premises described in'the "Decla We will pay the actual loss of "income" and/or "rental
rations" or access to your food truck or trailer anywhere income" sustained by you.
in the coverage territory provided that both of the fol
The "iricome" and/or "rental income" loss sustained by
lowing apply:
you shall not exceed:
a. Access to the area immediately surrounding the dam
1. The actual reduction of "income", and/or "rental in
aged property is prohibited by civil authority as a result
of the damage, and the premises described in the "Dec
larations" or your food truck or trailer are within that ar
2. The reduction in rents received less charges and ex
ea but are not rriore than one mile from the damaged
penses which do not necessarily continue during the "in
property; and . •
terruption of business" or during the period when the
tenant cannot inhabit the premises.
b. The action of civil authority is taken in response to
dangerous physical conditions resulting from the dam
age or continuation of the peril insured against that We will pay up to $100 a day, for seven days, after your
caused the damage, or the action is taken to enable a business is suspended to cover loss of "income" and/or
civil authority to have unimpeded access’to the damaged "rental income" sustained by you while you are deter
property. mining your actual income protection loss. The amount
paid will be subtracted from your actual loss of "in
Civil Authority coverage for "income" and/or "rental in
come" and/or "rental income".
come" will begin 72 hours after the time of the first ac
tion of civil authority that prohibits access to the prem We will pay the actual income protection loss for only
ises described in the "Declarations" or to your food such length of time as would be required to resume nor
truck or trailer anywhere in the coverage territory and mal business operations. We will limit the time period
will apply Tor a period bfup to fourcbriseciifive weeks to the shorter of the following periods:
from the date on which such coverage began.
1. The time period required to rebuild, repair, or replace
Civil Authority, coverage for "extra expense" will begin such part of the Building or Business Personal Property
immediately after the time of the first action of civil au or food truck or trailer that has been damaged or de
thority. that prohibits access to the premises described in stroyed as a direct result of an insured peril; or
the "Declarations" or to your food truck or trailer any-
Electh®wiCHliyheilede8/g4/B02®ot5:2fid' COMPLAINT / CV 20 932204 / CofifirmatiOre Nb2) t993170tfoCbMRi0is from the date of
loss.
3
Payment of loss of "income" and/or "rental income" is H. Fire Extinguisher Recharge - Food Trucks or Trail
not limited by the end of the policy period. ers
F. Income Protection - 18 Month Period of Indemnity Paragraph 15. Fire Extinguisher Recharge of Section
is added to Section I - Income Protection - Coverage Vm - B. Extensions of Coverage is deleted and re
3: placed by the following:
Paragraph D. Amount of Insurance under Income We will pay expenses incurred to recharge portable fire
Protection - Coverage 3 of Section I - Coverages is extinguishers after they are used to fight a fire.
deleted and replaced by the following, but only for this
This extension of coverage applies to each building de
coverage: scribed in the “Declarations” and to each food truck or
Amount of Insurance trailer when extinguisher discharge was made in the
coverage territory.
We will pay the actual loss of "income" or "rental in
come" sustained by you. The deductible does not apply to this extension.
The "income" or "rental income" loss sustained by you I. Computer Fraud Coverage is added to Section VIII -
shall not exceed: . B. Extensions of Coverage:
1. The actual reduction of "income" or "rental in 1. We will pay up to $10,000 for "loss" to "money",
come" during the "interruption of business"; and "securities", and Business Personal Property and
■ Personal Property of Others resulting directly from
2. The reduction in rents received less charges and
any one "occurrence" caused by "computer fraud".
expenses which do not necessarily .continue during
the "interruption of business" or during the policy 2. Paragraph B.3. under Property Not Covered of
when the tenant cannot inhabit the premises. Section I - Business Personal Property and Per
sonal Property of Others - Coverage 2 does not
apply to this coverage.
business is suspended to cover loss of "income" or
"rental income" sustained by you while you are deter 3. Under Computer Fraud Coverage, we do not cover
mining your actual income protection loss. The amount "loss":
paid will be subtracted from your actual loss of "in
a. Caused by any "loss" or that part of any "loss",
come" or "rental income".
where the proof of its existence or amount is
We will pay the actual income protection loss for only dependent upon:
such length of time as would be required to resume
1) An inventory computation; or
normal business operations. We will limit the time pe
riod to the shorter of the following periods: 2) A profit and loss computation;
1. The time period required to rebuild, repair, or re b. Caused by seizure or destruction of property by
place such part of the building or business personal " "" order of governmental authority; “
property that has been damaged or destroyed as a c. Resulting indirectly from any act or "occur
direct result of a peril insured against; or rence" covered by "computer fraud" including,
2. Eighteen (18) consecutive months from the date of but not limited to, "loss" caused by:
loss. ■ 1) Your inability to realize income that you
Payment of loss of "income" or "rental income" is not would have realized had there been no
limited by the end of the policy period. "loss" of, or "loss" from damage to, cov
ered property;
G. Tips Is Included As Income under Section I — Income 2) Payment of damages of any type for which
Protection - Coverage 3 _ you are legally liable, We will pay com
"Income" of Section XI — Definitions is deleted and re pensatory damages arising from a "loss"
placed by the following, but only for this coverage: covered by this policy; or
"Income" means the sum of net profit or loss before in 3) Payment of costs, fees, or other expenses
come taxes and necessary: continuing operating expens you incur in establishing either the exist
es incurred by the business such as payroll expenses ence of the amount of "loss" under this en
EllSfWaWei WiffllW/CWPLAINT dorsement; or
/ CV 20 932204 / Confirmation Nbr. 1993170 / CLMRB
d. Caused by expenses related to any legal action.
4
4. Deductible Coverage. The following Exclusions apply only to
Cooking Protection Equipment Accidental
Computer Fraud Coverage - We will pay the
Leakage Coverage:
amount of "loss" resulting directly from any one
"occurrence" in excess of a $500 deductible. a. We do not cover "loss" caused by or re
sulting from leakage, collapse, or fall of a
5. The following is added to Section X - Commer
tank caused by: fire; lightning; windstorm;
cial Property Conditions, but only for this cover
earthquake; blasting; explosion; rupture or
age: '
bursting of steam boilers or flywheels; riot
Discovery Period For Loss or civil commotion; water, except water
from within an automatic sprinkler system;
We will pay for a covered "loss" discovered no lat
or order of any civil authority.
er than one year from the end of the policy period.
b. We also do not cover "loss" by leakage:
6. The following are added to Section XI - Defini
tions, but only for Computer Fraud Coverage: 1) Occurring and resulting from the mak
ing of repairs, alterations, or extensions
"Banking premises" means the interior of that por
involving a wall or support(s) of a
tion of any building occupied by a banking institu
floor or roof, or the installation of or
tion or similar safe depository.
change in an "automatic cooking pro
"Computer fraud" means theft of property follow tection system" at the premises de
ing and directly related to the use of any computer scribed in the "Declarations" or testing
to fraudulently cause a transfer of that property of such system(s); or
■ from inside the premises described, in the "Declara
2) While the building at the premises de
tions" or "banking premises" to a place outside
scribed in .the "Declarations" is vacant
those premises or to a person (other than a messen
for more than sixty (60) consecutive
ger) outside those premises.
days. ■
"Occurrence" means an:
3. The following is added to Section XI — Defini
a. Act or series of related acts involving one or tions, but only for Cooking Protection Equipment
more persons; or Accidental Leakage Coverage:
b. Act, event, or a series of related acts dr events "Automatic cooking protection system" means any
not involving any person. automatic fire extinguishing system including
sprinklers, discharge nozzles and ducts, pipes,
J. Contract Penalty Coverage is added to Section VIII - valves, fittings, tanks, pumps, and private fire pro
B. Extensions of Coverage: tection mains, all connected with and forming a part
of the system designed and installed for protecting
We will pay up to $5,000 for contractual penalties, that
you are required to pay your customers. These contrac only cooking equipment and cooking exhaust sys
tual penalties must be a result of any clause in your con tems. .
tract that imposes a penalty for failure to timely deliver
your products according to the contract terms. These L. Dishware and Glasses is added to Section VIII - B.
contractual penalties must result from "Joss" or damage Extensions of Coverage:
to your covered property: at the premises described in 1. We will cover the breakage of dishware and glass
the "Declarations" by a peril insured against. es. ■
K. Cooking Protection Equipment Accidental Leakage 2. Paragraph D. 2. Coverage 2 of Exclusions in Sec

Coverage is added to Section VIII - B. Extensions of tion DI is deleted and replaced by the following but
only for Dishes and Glasses Coverage:
Coverage: . .
1. We will pay for "loss" caused by cooking protec By breakage of statuary, marble, bric-a-brac, porce
tion equipment leakage. Cooking Protection lains and other articles of a fragile or brittle nature,
Equipment Accidental Leakage means "loss" except dishware and glasses.. We will cover such
caused by accidental leakage dr discharge of an "loss" caused by fire; lightning; aircraft; explosion;
"automatic cooking protection jsystem" protecting sonic boom; riot; civil commotion; smoke; vehi
cooking equipment or the cooking exhaust system. cles; windstorm; hail; vandalism or malicious mis
Electronically Filed 05/04/2020 15:25 / COMPLAINT/ CV 20 932204 7 Confirmaitiiorf;Nferii1g9800VsqUMRBterior of the building
2. The Exclusions in Section HI do not apply to must first sustain damage to roof or walls by falling
Cooking Protection Equipment Accidental Leakage
5
objects); sinkhole collapse; volcanic action; weight in paragraphs J.l.a. thru J.l.e. above of the Food
of ice, snow, or sleet; sprinkler leakage; or water Contamination - Business Income and Expense
damage. Coverage. Regardless of the number of claims, this
limit is the most we will pay for the total of all loss
M. Food Contamination - Business Income and Expense or costs arising out of all occurrences caused by
Coverage is added to Section VIII - B. Extensions of "food contamination" which takes place in a twelve
Coverage: (12) month period (starting with the beginning of
1. We will pay for your loss or costs incurred, as de the present annual policy period).
scribed below, if the Board of Health or other gov
We will only pay up to $5,000 for your extra costs
ernmental body requires that your operations be
of advertising covered under paragraph J.l.d.
suspended due to discovery of, suspicion of, or ex
above of the Additional Advertising Expenses as a
. posure to "food contamination" at the premises de
result of a “food contamination” occurrence. This
scribed in the "Declarations" or oh any of your food
sublimit is part of, and not in addition to, the
trucks or trailers when in the coverage territory.
$25,000 amount of insurance for Food Contamina
a. Income Protection. We will pay your actual tion - Business Income and Expense Coverage.
loss of "income" you sustain due to total "inter
6. The following is added to Section XI - Defini
ruption of business" until the "interruption of
tions, but only for Food Contamination Coverage:
business" is lifted by the Board of Health or
other governmental body. "Food contamination" means a condition in your
food which has caused, or is suspected of causing,
b. Extra Expense. We will pay your costs to food poisoning to one or more of your patrons.
clean and sanitize your machinery and equip
Such "food contamination" must result from:
ment as directed by the Board of Health or oth
er governmental body. a. Tainted food you purchased;
c. Restoration Expenses. We will pay your b. Food which has been improperly stored, han
costs to replace your food and goods declared dled, or prepared by you; or
contaminated by the Board of Health or other c. A communicable disease transmitted through
governmental body. ' one or more of your "employees".
d. Additional Advertising Expenses. We will

N. Boil Water Order - Business Income and Expense
pay your extra costs of advertising incurred to
Coverage is added to Section VIH - B. Extensions of
restore your reputation including, but not lim
Coverage:
ited to, telephone, radio, television, newspaper,
and other media announcements. . 1. We will pay for your loss or costs incurred due to
partial or total “interruption of business”, as de
e. Inoculation Expenses. We will reimburse
scribed below, as a result of a “boil-water order” is
your reasonable expenses for inoculation or
sued by the Board of Health, water authority, or any
other medical expenses incurred by you for in
other governmental body.
fected patrons. We will also pay your expenses
to provide necessary medical tests and vaccines a. Income Protection. We will pay your actual
• for infected "employees".. loss of "income" you sustain due to a partial or
total "interruption of business" until the "boil
2. The following additional exclusion is added to Sec
' water order" is lifted by the Board of Health,
tion ill — Exclusions, but only for this coverage:
water authority or other governmental body.
We do not cover loss caused by fines or penalties of
any kind. b. - -Extra-Expense. We will pay your costs to
clean and sanitize your machinery and equip
3. Paragraph B.l.b. of Exclusions in Section III does ment as directed by the Board of Health, water
not apply to Food Contamination Coverage. ■ authority or other governmental body.
4. Paragraph B.2. of Exclusions in Section HI does c. Restoration Expenses. We will pay your
not apply to Food Contamination Coverage. costs to replace your food and goods declared
contaminated by the Board of Health, water au
5. Amount of Insurance
thority or other governmental body.
The most we will pay for your loss or costs in
Electronically Sited 0S/04/2020f16t25</ tCfflMRLMhTf,CV,20 932204 / Confirmation'Nbrt,?9§Jl70yCfMR§-,Expie,1SeS'. We 7'11
• „„„ <• ,, , ... pay your extra costs or idvertising incurred to
occurrences is $25,000 for all coverages described \ , .• . . ,.
° restore your reputation including, but not lim-
6
ited to, telephone, radio, television, newspaper, caused by windstorm or hail at the premises de
and other media announcements. scribed in the "Declarations".
e. Inoculation Expenses. We will reimburse 2. Paragraph B. 9. of Exclusions in Section IH is not

your reasonable expenses for inoculation or applicable, but only to the extent coverage is pro
other medical expenses incurred by you for in vided in this Extension of Coverage.
fected patrons. We will also pay your expenses
to provide necessary medical tests and vaccines P. Sewer And Drain Back-Up Coverage is added to Sec
for infected "employees". tion VIZI - B. Extensions of Coverage:
2. The following additional exclusion is added to Sec 1. We will pay up to $5,000 for any one "loss" to cov
tion HI - Exclusions, but only for this coverage: ered property caused by water and sewage that
backs up through sewers and drains or which enters
We do not cover loss caused by fines or penalties of
into and overflows or is otherwise discharged from
any kind.
a sewer, drain, sump pump, sump pump well, or
3. Paragraph B.l.b. of Exclusions in Section IH does any other system designed to remove subsurface
not apply to Boil Water Order Coverage. water which is drained from the foundation area.
4. Paragraph B.2. of Exclusions in Section HI does 2. Paragraph A.6.c. of Exclusions in Section HI is not
not apply to Boil Water Order Coverage. applicable but only to the extent coverage is pro
vided in this Extension of Coverage.
5. Amount of Insurance
3. Deductible . .
The most we will pay for your loss or costs in
curred as a result of a "boil-water order" for all oc We will pay the amount of "loss" to your covered
currences is $25,000 for all coverages described in property in any one occurrence which is in excess
paragraphs J.l.a. thru J.l.e. above of the Boil Wa of $500 but only for this coverage.
ter Order - Business Income and Expense Cover
age. Regardless of the number of claims, this limit Q. Utility Services - Direct Damage Coverage is added to
. is the most we will pay for the total of all loss or Section VIII - B. Extensions of Coverage:
costs arising out of all occurrences caused by "boil
We will pay up to $25,000 for "loss" or damage you
water order" which takes place in a twelve (12)
sustain to covered property on the premises described in
month period (starting with the beginning of the
the "Declarations" due to an interruption in utility ser
present annual policy period).
vice to the premises described in the "Declarations".
We will only pay up to $5,000 for your extra costs
The interruption in utility services must result directly
of advertising covered under paragraph J.l.d.
from "loss" to the following property, not on the prem
above of the Additional Advertising Expenses as a
ises described in the "Declarations", from a peril insured
result of a “boil-water order” occurrence. This sub
against:
limit is part of, and not in addition to, the $25,000
amount of insurance for Boil Water Order - Busi 1. Communication Supply Service, meaning property
ness Income and Expense Coverage. supplying communication services, including tele
phone, radio, microwave, or television services, to
6. The following is added to Section XI — Defini
the premises described in the "Declarations", such
tions, but only for Boil-Water Order Coverage:
as:
"Boil-water order" means an advisory, notice, order
a. Communication transmission lines (including
or other communication issued by the Board of
fiber optic transmission lines);
Health, water authority, or other governmental
body indicating that water at the premises or water b. Coaxial cables; and
that supplies water to your food truck or trailer c. Microwave radio relay except satellites.
should be boiled befdre' consuihptioh dr use due to
contamination or potential contamination. 2. Power Supply Services, meaning the following
types of property supplying electricity, steam, or
O. Outdoor Radio, Television Antennas, and Satellite gas to the premises described in the "Declarations":
Dishes is added to Section VIII - B. Extensions of
a. Utility generating plants;
Coverage:
b. Switching stations;
EileltroniC§liy ^W^dM^/ COMpLAiNT/CV 20 / ConfirmgtioiXjNfeir-tlS^SsVd / CLMRB
outdoor radio and television antennas, satellite
dishes, and its lead-in wiring, masts, or towers d. Transformers; and
7
Exhibit I
ERIE INSURANCE
ULTRAPACK PLUS
PK-00-01 (Ed. 9/18) CL-0001

Various provisions in this policy restrict coverage. Read the attached to buildings on the premises described in the
entire policy carefully to determine rights, duties, and what is "Declarations" or if unattached to the building, must
and is not covered. be permanently mounted on the premises described in
Throughout this policy the words "you" and "your" refer to the the "Declarations".
Named Insured shown in the "Declarations". The words "we", B. Property Not Covered
"us", and "our" refer to the company providing this insurance. Building(s) does not apply to:
Other words and phrases that appear in quotation marks have
1. Fences, walks, and unattached outbuildings not de
special meaning. Refer to Section XI - Definitions and Sec scribed in the "Declarations", except as provided in
tion VIII - Extensions of Coverage. Extensions of Coverage - A.2.;
SECTION I - COVERAGES 2. Outdoor swimming pools and equipment pertaining
thereto not described in the "Declarations", except as
INSURING AGREEMENT
provided in Extensions of Coverage - A.2.;
We will pay for direct physical "loss" of or damage to Cov
3. Bulkheads, pilings, piers, wharves, or docks not de
ered Property at the premises described in the "Declarations" scribed in the "Declarations";
caused by or resulting from a peril insured against.
4. Bridges, roadways, patios, or other paved surfaces;
BUILDING(S) - COVERAGE 1 5. Retaining walls that are not part of a building, or not
A. Covered Property
Building(s) means buildings described in the "Declara 6. The cost of excavations, grading, backfilling, or fill
tions" and anything permanently attached. It also in ing;
cludes: 7. Trees, shrubs, lawns, and plants (other than trees,
1. Building equipment and fixtures servicing the prem shrubs, lawns, and plants which are part of a vegetat
ises; ed roof), except as provided in Extensions of Cover
age - A.6.;
2. Personal property you have for the service and
maintenance of the buildings and premises including, 8. Underground pipes, flues, or drains;
but not limited to the following: 9. Land (including land on which covered property is
a. Fire extinguishing equipment; located) or water; and
b. Outdoor furniture; 10. Property specifically insured in whole or in part by
c. Floor coverings; this or any other insurance.
C. Amount of Insurance
d. Appliances used for refrigerating, ventilating,
cooking, dishwashing, or laundering; and The most we will pay for "loss" or damage to any build
ing described in the "Declarations" in any one occurrence
e. Flag poles and outdoor lights;
is the applicable amount of insurance shown in the "Dec
3. Vegetated roofs, including lawns, trees, shrubs, and larations" for that building subject to the applicable Au
plants which are part of a vegetated roof; tomatic Adjustment of Coverage Amounts.
4. Glass which you own. The glass must be part of the D. Automatic Adjustment of Coverage Amounts
building or in the building described in the "Declara
tions", including glass in wall cases. This policy provides you with a guard against the effect of
inflation on construction costs for Building(s) - Coverage
1.
a. Replacement of building glass with safety We will keep track of costs and at the next policy period
glazing materials when made necessary by we will adjust the amount of your building coverage, if
an ordinance or building code; necessary. Your premium will be adjusted at each policy
b. Replacement of lettering, ornamentation, or period to reflect any change in the amount of insurance.
burglar alarm foil; During the policy period, if there is an increase in con
c. Repair or replacement of frames; struction costs and a "loss" occurs, we will reflect the in
d. Installation of temporary coverings; and crease in the amount of insurance for Building(s) - Cover
age 1 before making payment. The amount of increase in
the amount of insurance will be:
5. Exterior signs, lights, and clocks which you own. Ex-
Electronroir Wdjghfe (8nliclock/s(mM,pbAlFffimanFntJy9322Q4 / Confirmation Nbr. 1993170 / CLMRB
1
1. The amount of insurance that applied to your covered b. Replacement of lettering, ornamentation, or bur
building(s) on the most recent of: the policy inception glar alarm foil;
date, the policy anniversary date, or any other policy
c. Repair or replacement of frames;
change amending the amount of insurance, times;
d. Installation of temporary coverings; and
2. The percentage of annual increase shown in the
"Declarations", expressed as a decimal (example: 8%
is .08), times; while in or on the described buildings, or in the open, or
in a vehicle on the premises described in the "Declara
3. The number of days since the beginning of the cur
tions" or within 1,500 feet thereof.
rent policy period or the effective date of the most re
cent policy change amending the amount of insurance Our payment for "loss" of or damage to personal property
to your covered building(s), divided by 365. of others will only be made to the owner of the property.
There will be no charge for this additional coverage. B. Property Not Covered
If the amount of insurance shown in the "Declarations"
for Building(s) - Coverage 1 is inadequate, these adjust ers does not apply to:
ments may not be sufficient to provide full recovery 1. "Automobiles" held for sale;
should a "loss" occur. 2. Vehicles or self-propelled machines (including "air
BUSINESS PERSONAL PROPERTY AND PERSONAL craft" or watercraft) that:
PROPERTY OF OTHERS - COVERAGE 2 a. Can be licensed for use on public roads, except
vehicles that are solely used to service the prem
A. Covered Property
ises described in the "Declarations"; or
b. Are operated principally away from the premises
ers means:
1. Personal property pertaining to your business, profes
This paragraph does not apply to:
sional or institutional activities, including leased-
property for which you are contractually responsible; a. Vehicles or self-propelled machines or "automo
biles" you manufacture, process, or warehouse;
tody, or control; b. Vehicles or self-propelled machines, other than
"automobiles", you hold for sale;
3. Labor, materials, or services furnished or arranged by
you on personal property of others; c. Rowboats or canoes out of water at the premises
described in the "Declarations"; or
4. Your use interest as a tenant in improvements and
betterments. Improvements and betterments are fix d. Trailers, but only to the extent provided for in
tures, alterations, installations, or additions: the Extensions of Coverage - B.21.;
a. Made a part of the building or structure you oc 3. "Money" and "securities", except as provided in Ex
cupy but do not own; and tensions of Coverage - B.4., B.6., B.9., and B.19.;
b. You acquired or made at your expense but can 4. Your property sold on installment or deferred pay
not legally remove; ment plans after delivery to customers;
5. Exterior signs, lights, and clocks which you own or 5. Household and personal articles of the insured, the
insured's partners, members or managers of a limited
which are in your care, custody, or control and for
which you are contractually responsible. Exterior liability company, the insured's officers, or the in
signs, lights, and clocks must be permanently at sured's employees, except as provided in Extensions
tached to the building on the premises described in of Coverage - B.23.;
the "Declarations" or if unattached to the building, 6. Trees, shrubs, lawns, and plants, except as provided
must be permanently mounted on the premises de in Extensions of Coverage - A.6.;
scribed in the "Declarations"; 7. Crops and growing crops while outside of buildings;
6. Glass which is in your care, custody, or control and
8. Contraband or property in the course of illegal trans
for which you are contractually responsible. The portation or trade;
glass must be part of the building described in the
9. "Electronic data" including the cost to research, re
"Declarations", including glass in wall cases.
place, or restore the information on "electronic data"
or magnetic media, except as provided in Section IV
a. Replacement of building glass with safety glaz - Additional Coverages - C.2.;
2
We will cover "electronic data" which is integrated in INCOME PROTECTION - COVERAGE 3
and operates or controls the building's elevator, light
ing, heating, ventilation, air conditioning, or security A. Income Protection Coverage
systems. Income Protection means loss of "income" and/or "rental
income" you sustain due to partial or total "interruption of
10. The cost to research, replace, or restore the infor
mation on valuable papers and records, except as business" resulting directly from "loss" or damage to
property on the premises described in the "Declarations"
provided in Extensions of Coverage - B.29. Valuable
papers and records include proprietary information; from a peril insured against. "Loss" or damage also in
written, printed, or inscribed documents and records; cludes covered property in the open, or in a vehicle, on
including books, maps, films, abstracts, drawings, the premises described in the "Declarations" or within
1,500 feet thereof.
deeds, mortgages, card index systems, and manu
scripts; If you are a tenant, your premises are the portion of the
11. Fine arts, except as provided in Extensions of Cover building described in the "Declarations" which:
age - B.13. Fine arts include paintings; etchings; pic 1. You rent, lease, or occupy;
tures; tapestries; rare or art glass; art glass windows; 2. All routes within the building that service or are used
valuable rugs; statuary; sculptures; antique furniture; to gain access to the described premises; and
antique jewelry; porcelains; and similar property of
3. The area within 1,500 feet of the premises described
rarity, historic value, or artistic merit; in the "Declarations" (with respect to "loss" or dam
12. Animals, unless owned by others and boarded by you age to covered property in the open or in a vehicle).
or if owned by you as stock while inside the building
You are required to resume normal business operations as
described in the "Declarations"; promptly as possible and shall use all available means to
13. "Mobile equipment": eliminate any unnecessary delay.
a. While being used or stored away from the prem B. Extra Expense Coverage
ises described in the "Declarations"; or "Extra expense" coverage is provided at the premises de
b. While at or being transported to or from job sites scribed in the "Declarations".
away from the premises described in the "Decla "Extra expense" means necessary expenses you incur due
rations"; and to partial or total "interruption of business" resulting di
14. Property specifically insured in whole or in part by rectly from "loss" or damage to property on the premises
this or any other insurance. described in the "Declarations" from a peril insured
C. Amount of Insurance against. "Loss" or damage also includes property in the
The most we will pay for "loss" or damage to business
"Declarations" or within 1,500 feet thereof.
personal property and personal property of others on the
premises described in the "Declarations" in any one oc We will pay necessary actual and necessary "extra ex
currence is the applicable amount of insurance shown in penses" (other than the expense to repair or replace prop
erty) sustained by you to:
the "Declarations" for Business Personal Property and
Personal Property of Others on that premises. 1. Avoid or minimize the "interruption of business" and
D. Automatic Adjustment of Coverage Amounts to continue your business operations:
This policy provides you with a guard against the effect of a. At the premises described in the "Declarations";
inflation on costs for Business Personal Property and Per or
sonal Property of Others - Coverage 2. b. At replacement premises or at temporary loca
We will keep track of costs and at the next policy period tions, including:
we will adjust the amount of your business personal prop 1) Relocation expenses; and
erty and personal property of others coverage, if neces 2) Costs to equip and operate the replacement
sary. Your premium will be adjusted at each policy period
or temporary locations.
to reflect any change in the amount of insurance.
2. Minimize the "interruption of business" if you cannot
There will be no charge for this additional coverage. continue your business operations to the extent it re
If the amount of insurance shown in the "Declarations" duces the amount of loss that would have been paya
for Business Personal Property and Personal Property of ble under loss of "income" and/or "rental income".
Others - Coverage 2 is inadequate, these adjustments may We will not pay any "loss" or damage to your Building(s)
not be sufficient to provide full recovery should a "loss" or Business Personal Property and Personal Property of
occur. Others. We also will not pay the cost of research or any
other expense to replace or restore your valuable papers
and records or "electronic data".. We will pay the cost to
Electronically Filed 05/04/2020 15:25 / COMPLAINT / CV 20 34 / Confirmation Nbr. 1993170 / CLMRb
3
repair or replace your covered property and the amount to b. The date on which repair, replacement, or re
research, replace, or restore the lost information on dam building of such part of the damaged or de
aged valuable papers and records or "electronic data" to stroyed property described in the "Declarations"
the extent it reduces the amount of loss that would have is actually completed.
been payable under loss of "income" and/or "rental in D. Amount of Insurance
come".
We will pay the actual loss of "income" and/or "rental in
C. Additional Coverages come" sustained by you.
1. Civil Authority The "income" and/or "rental income" loss sustained by
When a peril insured against causes damage to prop you shall not exceed:
erty other than property at the premises described in 1. The actual reduction of "income" and/or "rental in
the "Declarations", we will pay for the actual loss of
"income" and/or "rental income" you sustain and
necessary "extra expense" caused by action of civil 2. The reduction in rents received less charges and ex
penses which do not necessarily continue during the
authority that prohibits access to the premises de
scribed in the "Declarations" provided that both of "interruption of business" or during the period when
the following apply: the tenant cannot inhabit the premises.
a. Access to the area immediately surrounding the
business is suspended to cover loss of "income" and/or
damaged property is prohibited by civil authority
"rental income" sustained by you while you are determin
as a result of the damage, and the premises de
scribed in the "Declarations" are within that area ing your actual income protection loss. The amount paid
will be subtracted from your actual loss of "income"
but are not more than one mile from the damaged
property; and and/or "rental income".
b. The action of civil authority is taken in response We will pay the actual income protection loss for only
such length of time as would be required to resume nor
to dangerous physical conditions resulting from
the damage or continuation of the peril insured mal business operations. We will limit the time period to
against that caused the damage, or the action is the shorter of the following periods:
taken to enable a civil authority to have unim 1. The time period required to rebuild, repair, or replace
peded access to the damaged property. such part of the Building or Business Personal Prop
Civil Authority coverage for "income" and/or "rental erty that has been damaged or destroyed as a direct
result of an insured peril; or
income" will begin 72 hours after the time of the first
2. Twelve (12) consecutive months from the date of
action of civil authority that prohibits access to the
premises described in the "Declarations" and will ap loss.
ply for a period of up to four consecutive weeks from Payment of loss of "income" and/or "rental income" is not
the date on which such coverage began. limited by the end of the policy period.
Civil Authority coverage for "extra expense" will SECTION II - PERILS INSURED AGAINST
begin immediately after the time of the first action of
civil authority that prohibits access to the premises
described in the "Declarations" and will end: BUSINESS PERSONAL PROPERTY AND PERSONAL
a. Four consecutive weeks after the date of that ac PROPERTY OF OTHERS - COVERAGE 2
tion; or
b. When your Civil Authority coverage for "in
come" and/or "rental income" ends; whichever is Covered Cause of Loss
later. This policy insures against direct physical "loss", except
"loss" as excluded or limited in this policy.
We will also pay your actual loss of "income" and/or
"rental income" for an additional 60 days if your "in
A. Coverages 1, 2, and 3
come" and/or "rental income" after operations are re
We do not cover under Building(s) - Coverage 1; Busi
sumed is less than your "income" and/or "rental in
come" before the loss. The additional amount we will ness Personal Property and Personal Property of Others -
pay will start after the later of the following times: Coverage 2; and Income Protection - Coverage 3 "loss" or
damage caused directly or indirectly by any of the follow
a. The date on which the liability for Income Pro
ing. Such "loss" or damage is excluded regardless of any
tection - Coverage 3 would terminate if this cause or event that contributes concurrently or in any se
clause had not been included; or quence to the "loss":
4
1. Deterioration or depreciation. Volcanic action means direct "loss" resulting from
2. Intentional loss, meaning any "loss" arising from an the eruption of a volcano when the "loss" or damage
is caused by:
act committed by or at the direction of the insured
with the intent to cause a "loss". a. Airborne volcanic blast or airborne shock waves;
3. "Loss" or damage caused by or resulting from any of b. Ash, dust, or particulate matter; or
the following:
c. Lava flow.
a. By weather conditions, but only if weather con
All volcanic eruptions that occur within any 168-hour
ditions contribute in any way with a peril ex
period will constitute a single occurrence.
cluded in Part A. of Section III - Exclusions to This does not include the cost to remove ash, dust, or
produce the "loss";
particulate matter that does not cause direct "loss" to
b. By acts or decisions, including the failure to act
the covered property.
or decide, of anyone; This exclusion does not apply to property being
c. By faulty, inadequate, or defective:
transported.
1) Planning, zoning, development, surveying; 6. Water
2) Design, specifications, workmanship, repair, a. Flood, surface water, waves (including tidal wa
construction, renovating, remodeling, grad
ter and tsunami), tides, tidal wave, or overflow
ing, or compaction; of any body of water, or spray from any of these,
3) Materials used in repair, construction, reno all whether or not driven by wind (including
vation, remodeling; or storm surge);
4) Maintenance; b. Mudslide or mudflow;
of property whether on or off the insured premises by c. By water or sewage which backs up through
anyone, but if "loss" by a peril insured against results, sewers or drains or which enters into and over
we will pay for the ensuing "loss". flows or is otherwise discharged from a sewer,
4. Neglect of an insured to use all reasonable means to drain, sump pump, sump pump well, or any other
save and preserve property from further damage at system designed to remove subsurface water
and after the time of "loss". which is drained from the foundation area;
d. Water under the ground surface pressing on,
5. Earth Movement
flowing, or seeping through:
a. Earthquake, including tremors and aftershocks,
and any earth sinking, rising, or shifting related 1) Foundations, walls, floors, or paved surfac
to such event; es;
b. Landslide, including any earth sinking, rising, or 2) Sidewalks or driveways;
shifting related to such event; 3) Basements, whether paved or not; or
c. Mine subsidence, meaning subsidence of a man 4) Doors, windows, or other openings.
made mine, whether or not mining activity has e. Water from a broken water main. However, this
ceased; or exclusion does not apply to water flowing or
d. Earth sinking (other than sinkhole collapse), ris seeping from a broken water main where the
ing, or shifting including soil conditions which break occurs on the premises described in the
cause settling, cracking or other disarrangement "Declarations".
of foundations, or other parts of realty. Soil con f. Waterborne material carried or otherwise moved
ditions include contraction, expansion, freezing,
by any of the water referred to in Paragraphs
thawing, erosion, improperly compacted soil, 6.a., 6.c., 6.d., or 6.e. or material carried or oth
and the action of water under the ground surface. erwise moved by mudslide or mudflow.
the above, in Paragraphs 5.a. through 5.d., is caused
the above, in Paragraphs 6.a. through 6.f., is caused
by an act of nature or is otherwise caused.
by an act of nature or is otherwise caused. An exam
But if Earth Movement, as described in 5.a. through ple of a situation to which this exclusion applies is
5.d. above, results in fire, explosion, sprinkler leak the situation where a dam levee, seawall, or other
age, volcanic action, or building glass breakage, we boundary or containment system fails in whole or in
will pay for the "loss" or damage caused by such per part, for any reason, to contain the water.
ils.
But if Water, as described in 6.a. through 6.f. results
in fire, explosion, sprinkler leakage, volcanic action,
5
or building glass breakage, we will pay for the "loss" except as provided in Section IV. Additional Cov
or damage caused by such perils. erages, D. Equipment Breakdown, 2.h. and 2.i. and
Extensions of Coverage - A.5. and A.7., unless a
If electrical "covered equipment" requires drying be
cause of Paragraphs 6.a. through 6.c., we will pay for covered "loss" ensues, and then only for ensuing
the direct expenses of such drying out subject to the "loss".
applicable Amount of Insurance and deductible for
Failure of any utility service includes lack of suffi
Building(s) - Coverage 1 and Business Personal cient capacity and reduction in supply.
2. "Loss" or damage caused by a surge of power is also
excluded, if the surge would not have occurred but
This exclusion does not apply to property being
for an event causing a failure of power.
transported.
7. War Communication services include but are not limited
to service relating to Internet access or access to any
a. War including undeclared or civil war;
electronic, cellular, or satellite network.
b. Warlike action by a military force, including ac
tion in hindering or defending against an actual
Exclusions A.5. through A.11. apply whether or not the
loss event results in widespread damage or affects a sub
or expected attack, by any government, sover
stantial area.
eign, or other authority using military personnel
or other agents; or B. Coverages 1, 2, and 3
c. Insurrection, rebellion, revolution, usurped pow We do not cover under Building(s) - Coverage 1, Busi
er, or action taken by governmental authority in ness Personal Property and Personal Property of Others -
hindering or defending against any of these. Coverage 2, and Income Protection - Coverage 3 "loss" or
damage caused:
With respect to any action that comes within the
terms of this exclusion and involves nuclear reaction 1. By:
or radiation, or radioactive contamination, this War a. Wear and tear, rust, or corrosion;
exclusion supersedes Paragraph A.9. of Section III - b. Change in flavor, color, texture, or finish;
Exclusions, the nuclear hazard exclusion.
c. Damp or dry air;
8. Seizure or destruction of covered property by order
d. Inherent vice;
of governmental authority, except as provided in Ex
tensions of Coverage - B.3. and Income Protection - e. Smog;
Coverage 3, C. Additional Coverages. f. Latent or hidden defect;
We will also cover "loss" caused by acts of destruc g. Marring or scratching;
tion ordered by governmental authority to prevent the
h. Smoke, vapor, or gases from agricultural or in
spread of a fire.
dustrial operations;
9. Nuclear reaction or radiation or radioactive contami
i. Settling, cracking, shrinking, bulging or expan
nation unless fire ensues, and then only for ensuing
sion of pavements, foundations, walls, floors,
"loss".
roofs, or ceilings; or
10. By the enforcement of or compliance with any law or j. Termites, vermin, insects, rodents, birds (except
ordinance regulating the construction, use, or repair
glass breakage), skunks, raccoons, spiders, or
of any property, or requiring the tearing down of any
reptiles;
property, including the cost of removing its debris,
k. Mechanical breakdown, including rupture or
except as provided in Extensions of Coverage - B.3.,
bursting caused by centrifugal force (except as
B.7., and B.8.
provided in Section IV - Additional Coverages,
11. The failure of power, communication, water, or other D. Equipment Breakdown Coverage).
utility service supplied to the insured premises, how
unless a covered "loss" ensues, and then only for en
ever caused, if the failure:
suing "loss".
a. Originates away from the insured premises de
2. By discharge, dispersal, seepage, migration, release,
scribed in the "Declarations"; or
or escape of "pollutants" unless the discharge, disper
b. Originates at the premises described in the "Dec
sal, seepage, migration, release, or escape is itself
larations", but only if such failure involves
caused by a peril insured against. But if "loss" or
equipment used to supply the utility service to
damage by a peril insured against results from the
the premises described in the "Declarations"
discharge, dispersal, seepage, migration, release, or
from a source away from the premises described
escape of "pollutants", we will pay for the resulting
in the "Declarations";
damage caused by the peril insured against.
6
3. By mysterious disappearance, unexplained loss, or Exclusion B.7. does not apply:
inventory shortage. We will accept inventory records To the extent that coverage is provided in Sec
a.
as a means of proving the amount of a covered "loss". tion IV - Additional Coverages, A. Collapse;
4. By the presence, growth, proliferation, spread or any or
activity of "fungus", wet or dry rot, or bacteria. b. To collapse caused by one or more of the follow
But, if "fungus", wet or dry rot, or bacteria results in ing:
a covered loss from a peril insured against, we will 1) Fire; lightning; windstorm; hail; explosion;
pay for the "loss" or damage caused by that peril in smoke; aircraft; vehicles; riot; civil commo
sured against. tion; vandalism or malicious mischief;
This exclusion does not apply: breakage of building glass; falling objects;
a. When "fungus", wet or dry rot, or bacteria results
from fire or lightning; or lapse; or volcanic action.
Sinkhole collapse means "loss" caused by
b. To the extent that coverage is provided in Sec
sudden sinking or collapse of land into un
tion IV - Additional Coverages - B. Limited
Coverage For "Fungus", Wet Rot, Dry Rot, derground empty spaces created by the ac
And Bacteria, with respect to "loss" or damage tion of water on limestone or dolomite.
caused by a peril insured against other than fire This peril does not include:
or lightning. a) The cost of filling sinkholes, except to
5. By continuous or repeated seepage or leakage of wa the extent that coverage is provided in
ter or the presence or condensation of humidity, Section IV - Additional Coverages, A.
moisture, or vapor, that occurs over a period of 14 Collapse; or
days or more. b) "Loss" or damage to property caused by
6. By freezing by temperature reduction to plumbing, or resulting from the sinking or collapse
heating, air conditioning or other equipment or appli of land into man-made underground
ances (except fire protective systems) or by water, cavities.
other liquids, powder or molten material that leaks or Water damage resulting from the accidental
2)
flows from such items while the described building is discharge or leakage of water or steam as the
vacant for more than 60 consecutive days, unless you direct result of the breaking apart or crack
have exercised reasonable care to: ing of any part of plumbing, heating, air
a. Maintain heat in the building; or conditioning, or other equipment or appli
b. Shut off the water supply and drain the system or ances, but does not include damage from a
appliance of water. sump pump, sump pump well, or any other
system designed to remove subsurface water
We will pay the cost to tear out and replace any part
of the building described in the "Declarations" to re
pair damage to the system or appliance from which 3) Breakage of building glass;
the water, other liquids, powder or molten material 4) Weight of rain that collects on a roof; or
escapes. 5) Weight of people or personal property.
We will not pay for the cost to repair or replace any
8. By explosion of, including resulting damage to,
defect in the system or appliance that caused the
steam boilers, steam pipes, steam turbines, or steam
"loss" or damage.
engines if owned by, leased by, or operated under
7. By collapse, including any of the following condi your control (except as provided in Section IV. Ad
tions of property or any part of the property: ditional Coverages, D. Equipment Breakdown
a. An abrupt falling down or caving in; Coverage). We also do not cover damage to these
b. Loss of structural integrity, including separation caused by any condition or occurrence within the
boilers, pipes, turbines, or engines (except as provid
of parts of the property or property in danger of
falling down or caving in; or ed in Section IV. Additional Coverages, D.
Any cracking, bulging, sagging, bending, lean Equipment Breakdown Coverage). We will pay
c. for "loss" from the explosion of gases or fuel within
ing, settling, shrinkage, or expansion as such
the combustion chamber, flues, or passages of any
condition relates to a. or b. above.
fired vessel. We will also pay for "loss" by ensuing
But if collapse results in a peril insured against at the fire or explosion not included in this paragraph.
premises described in the "Declarations", we will pay 9. To hot water boilers or other water heating equip
for the "loss" or damage caused by the peril insured ment caused by a condition or occurrence within the
ElectrongalysF iled 05/04/2020 15:25 / COMPLAINT / CV 20 932204 / ConfiimaiOfi Wbe.qu9pmen PCEK/iRB0- an explosion (except
7
as provided in Section IV. Additional Coverages, 1. To fences, pavements, outdoor swimming pools and
D. Equipment Breakdown Coverage). related equipment, retaining walls, bulkheads, piers,
wharves or docks, when covered under the policy, by
10. By artificially generated electrical current including
freezing or thawing, impact of watercraft, or by the
electric arcing (except as provided in Section IV.
pressure or weight of ice or water whether driven by
Additional Coverages, D. Equipment Breakdown
Coverage), unless fire or explosion ensues, and then wind or not.
only for ensuing "loss". 2. To building materials and supplies not attached as
part of the building, unless held for sale by you,
11. To the interior of the building or the contents by rain,
caused by or resulting from theft. We will cover
snow, sand, or dust, whether driven by wind or not,
"loss" to building materials and supplies located in
unless the exterior of the building first sustains dam the building described in the "Declarations" caused
age to its roof or walls by a peril insured against. We
by a peril insured against including theft. We will
will pay for "loss" caused by or resulting from the
pay up to 10% of the Building(s) - Coverage 1 limit
thawing of snow, sleet, or ice on the building. but not to exceed $100,000 for any one "loss".
12. To outdoor radio or television antennas (including
3. To vegetated roofs for "loss" caused by or resulting
satellite dishes) and its lead-in wiring, masts, or tow
from:
ers by windstorm or hail.
a. Dampness or dryness of atmosphere or of soil
13. By dishonest or criminal acts (including theft) com supporting the vegetation;
mitted by you, or any of your members of a limited b. Changes in or extremes of temperature;
liability company, or any of your employees (includ c. Disease;
ing temporary or leased employees), directors, offic d. Frost or hail; or
ers, trustees, or authorized representatives:
e. Rain, snow, ice, or sleet.
a. Acting alone or in collusion with other persons;
D. Coverage 2
or
We do not cover under Business Personal Property and
b. While performing services for you or otherwise.
Personal Property of Others - Coverage 2 "loss" or
We will cover acts of destruction by your employees
damage caused:
(including temporary or leased employees) but only
for ensuing "loss", but there is no coverage for "loss" 1. From your, or anyone acting on your express or im
or damage: plied authority, being induced by any dishonest act to
voluntarily part with title or possession of any prop
a. By theft by your employees (including tempo erty.
rary or leased employees) or any person to whom
2. By breakage of glassware, statuary, marble, bric-a-
you entrust property for any purpose, whether
acting alone or in collusion with any other party; brac, porcelains, and other articles of a fragile or brit
tle nature. We will cover such "loss" caused by fire;
or lightning; aircraft; explosion; sonic boom; riot; civil
b. Caused by or resulting from manipulation, in
commotion; smoke; vehicles; windstorm; hail; van
cluding the introduction or enaction of any virus, dalism or malicious mischief; falling objects (the ex
harmful code or similar instruction, of a comput terior of the building must first sustain damage to
er system (including "electronic data") by your
roof or walls by falling objects); sinkhole collapse;
employees. volcanic action; weight of ice, snow, or sleet; sprin
14. From any defect, programming error, programming kler leakage; or water damage.
limitation, computer virus, malicious code, loss of 3. By rain, snow, or sleet to property in the open.
"electronic data", loss of access, loss of use, loss of
4. By any legal proceeding.
functionality, or other condition within or involving
"electronic data" or "media" of any kind, except as 5. By actual work upon property being altered, repaired,
provided in Section IV - Additional Coverages - installed, serviced, or faulty materials or workman
C.1., C.2., and C.3. ship, unless fire ensues, and then only for "loss"
through ensuing fire.
15. To unattached exterior signs that will be permanently
mounted caused by breakage during installation, re 6. By delay, loss of use, or loss of market.
pairing or dismantling, or by breakage during trans 7. To property that has been transferred to a person or to
portation, unless caused by fire, lightning, collision, a place outside the premises described in the "Decla
derailment or overturn of vehicle. rations" on the basis of unauthorized instructions.
C. Coverage 1 8. By theft of furs and fur garments. We will pay for
We do not cover under Building(s) - Coverage 1 "loss" "loss" of furs and fur garments by "burglary" up to
or damage caused: $10,000 for any one "loss".
8
9. By theft of gold and other precious metals and alloys. a. Building decay that is hidden from view, unless
We will pay for theft of any one article of jewelry up the presence of such decay is known to an in
to $500, but our payment will not exceed $10,000 for sured prior to collapse;
any one "loss". Jewelry means jewelry, necklaces, b. Insect or vermin damage that is hidden from
bracelets, rings, earrings, gems, precious and semi view, unless the presence of such damage is
precious stones, articles containing one or more known to an insured prior to collapse;
gems, and articles made of gold or other precious
c. Use of defective material or methods in construc
metals.
tion, remodeling, or renovation if the abrupt col
E. Coverage 3 lapse occurs during the course of construction,
We do not cover under Income Protection - Coverage 3: remodeling, or renovation; or
1. Increase of loss resulting from ordinance or law regu d. Use of defective material or methods in construc
lating construction or repair of buildings. tion, remodeling, or renovation if the abrupt col
2. Consequential damages resulting from the breach of lapse occurs after the course of the construction,
contractual obligations. remodeling, or renovation is complete, but only
if the collapse is caused in part by:
3. Increase of loss caused by or from delay in rebuild
ing, repairing, or replacing the property or resuming 1) A cause of loss listed in 2.a. and 2.b. above;
operations, due to interference at the location of the 2) Fire; lightning; windstorm; hail; explosion;
rebuilding, repair, or replacement by strikers or other smoke; aircraft; vehicles; riot; civil commo
persons. tion; vandalism or malicious mischief;
4. Loss due to delay or loss of market. breakage of building glass; falling objects;
5. Increase of loss caused by or resulting from the sus
lapse; or volcanic action.
pension, lapse, or cancellation of any license, lease,
or contract. We will pay for loss of "income" and/or Sinkhole collapse means "loss" caused by
"rental income" during the "interruption of business" sudden sinking or collapse of land into un
and during the period of Full Resumption of Opera derground empty spaces created by the ac
tions if the suspension, lapse, or cancellation is tion of water on limestone or dolomite.
caused by the suspension of your business. This peril does not include:
6. "Extra expense" caused by the suspension, lapse, or a) The cost of filling sinkholes, except as
cancellation of any license, lease, or contract beyond provided in Paragraph 3. below; or
the "interruption of business". b) "Loss" or damage to property caused by
7. Increase of loss resulting from ordinance or law regu or resulting from the sinking or collapse
lating the prevention, control, repair, clean-up, or res of land into man-made underground
toration of environmental damage. cavities.
8. Income protection specifically insured in whole or in 3) Water damage resulting from the accidental
part by this or any other insurance. discharge or leakage of water or steam as the
direct result of the breaking apart or crack
SECTION IV - ADDITIONAL COVERAGES
ing of any part of plumbing, heating, air
A. Collapse conditioning, or other equipment or appli
The coverage provided under this Additional Coverage - ances, but does not include damage from a
Collapse applies only to an abrupt collapse as described sump pump, sump pump well, or any other
and limited in A.1. through A.7.: system designed to remove subsurface water
1. For the purpose of this Additional Coverage - Col
lapse, abrupt collapse means an abrupt falling down 4) Breakage of building glass;
or caving in of a building or any part of a building 5) Weight of people or personal property; or
with the result that the building or part of the building 6) Weight of rain that collects on a roof.
cannot be occupied for its intended purpose.
3. We will pay up to $20,000 for expenses involved in
2. We will pay for direct physical "loss" or damage to replacing, stabilizing, refilling, or rebuilding the land
covered property, caused by abrupt collapse of a necessary to support the building described in the
building or any part of a building that is insured un "Declarations" damaged by sinkhole collapse. This
der this Coverage Part or that contains Covered Prop payment of $20,000 is an additional amount of insur
erty insured under this Coverage Part, if such col ance and will increase the total amount of insurance
lapse is caused by one or more of the following: available.
9
4. This Additional Coverage - Collapse does not apply damage to that business personal property and per
to: sonal property of others caused by the collapse.
a. A building or any part of a building that is in 7. This Additional Coverage - Collapse does not apply
danger of falling down or caving in; to business personal property and personal property
b. A part of a building that is standing, even if it of others that has not abruptly fallen down or caved
has separated from another part of the building; in, even if the business personal property and person
al property of others shows evidence of cracking,
or
c. A building that is standing or any part of a build bulging, sagging, bending, leaning, settling, shrink
age, or expansion.
ing that is standing, even if it shows evidence of
cracking, bulging, sagging, bending, leaning, set 8. This Additional Coverage - Collapse will not in
tling, shrinkage, or expansion. crease the Limits of Insurance provided in this Cov
erage Part, except as provided in Section IV - Addi
5. With respect to the following property:
tional Coverage - Collapse, paragraph A. 3.
a. Outdoor radio or television antennas (including
satellite dishes) and its lead-in wiring, masts, or 9. The term peril insured against includes the Addition
al Coverage - Collapse as described and limited in
towers;
A.1. through A.7.
b. Awnings, gutters, and downspouts;
B. Limited Coverage for "Fungus", Wet Rot, Dry Rot,
c. Yard fixtures;
And Bacteria
d. Outdoor swimming pools;
1. The coverage described in Paragraphs 2. through 6.
e. Fences; below only applies when the "fungus", wet or dry rot,
f. Piers, wharves, and docks; or bacteria is the result of a peril insured against, oth
g. Beach or diving platforms or appurtenances; er than fire and lightning, that occurs during the poli
cy period and only if all reasonable means were used
h. Retaining walls; and
to save and preserve the property from further dam
i. Walks, roadways, and other paved surfaces; age at the time of and after that occurrence.
if an abrupt collapse is caused by a cause of "loss" 2. We will pay for "loss" or damage by "fungus", wet or
listed in 2.a. through 2.d., we will pay for "loss" or dry rot, or bacteria. As used in this Limited Cover
damage to that property listed in 5.a. through 5.i. on age, the term "loss" or damage means:
ly if: a. Direct physical "loss" or damage to Covered
a. Such "loss" or damage is a direct result of the ab Property caused by "fungus", wet or dry rot, or
rupt collapse of a building insured under this bacteria, including the cost of removal of the
Coverage Part; and "fungus", wet or dry rot, or bacteria;
b. The property is Covered Property under this b. The cost to tear out and replace any part of the
Coverage Part. building or other property as needed to gain ac
6. If business personal property and personal property cess to the "fungus", wet or dry rot, or bacteria;
of others falls down or caves in and such collapse is and
not the result of an abrupt collapse of a building, we c. The cost of testing performed before, during, or
will pay for "loss" or damage to insured property after removal, repair, replacement, or restoration
caused by such collapse of business personal property of the damaged property is completed, provided
and personal property of others only if: there is a reason to believe that "fungus", wet or
a. The collapse of business personal property and dry rot, or bacteria are present.
personal property of others was caused by a 3. The coverage described in Paragraph 2. above of this
cause of loss listed in 2.a. through 2.d.; Limited Coverage is limited to $25,000. Regardless
b. The business personal property and personal of the number of claims, this limit is the most we will
property of others which collapses is inside a pay for the total of all "loss" or damage arising out of
building; and all occurrences caused by a peril insured against, oth
er than fire and lightning, which takes place in a 12
c. The property which collapses is not of a kind
month period (starting with the beginning of the pre
listed in 5.a. through 5.i., regardless of whether sent annual policy period). With respect to a particu
that kind of property is considered to be business
lar occurrence of "loss" which results in "fungus",
personal property or real property.
wet or dry rot, or bacteria, we will not pay more than
The coverage stated in this Paragraph 6. does not ap a total of $25,000 even if the "fungus", wet or dry rot,
ply to business personal property and personal prop or bacteria continues to be present, active, or recurs,
erty of others if marring and/or scratching is the only in a later policy period.
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4. The coverage provided under this Limited Coverage 8. This coverage does not apply to lawns, trees, shrubs,
does not increase the applicable Limit of Insurance or plants which are part of a vegetated roof.
on any Covered Property. If a particular occurrence
C. Electronic Data Processing Equipment and Electronic
results in "loss" or damage by "fungus", wet or dry
Data Coverage
rot, or bacteria, and other "loss" or damage, we will
Payments under this Electronic Data Processing Equip
not pay more, for the total of all "loss" or damage,
ment, Electronic Data Coverage, and Income Protection
than the applicable Limit of Insurance on the affected
Covered Property. are an Additional Amount of Insurance and will increase
If there is covered "loss" or damage to Covered Prop involved.
erty, not caused by "fungus", wet or dry rot, or bacte
ria, our loss payment will not be limited by the terms 1. Electronic Data Processing Equipment - Comput
of this Limited Coverage, except to the extent that er Virus
"fungus", wet or dry rot, or bacteria causes an in We will cover "loss" or damage to "electronic data
crease in the "loss". Any such increase in the "loss" processing equipment" caused by magnetic injury or
will be subject to the terms of this Limited Coverage. computer virus. We will pay up to $15,000 for any
5. The terms of this Limited Coverage do not increase one "loss" to "electronic data processing equipment".
or reduce the coverage provided under Exclusions We do not cover:
B.4. Coverages 1, 2, and 3 in Section III - Exclu
a. "Electronic data processing equipment" which
sions or under Section IV - Additional Coverages -
A. Collapse. the insured rents or leases to others while it is
away from the premises described in the "Decla
6. The following Paragraphs 6. a. or 6. b. applies only if rations".
the "interruption of business" satisfies all terms and
b. "Loss" caused by processing operations or "loss"
conditions of Income Protection - Coverage 3.
that occurred while the insured property is being
a. If the covered loss which resulted in "fungus", worked on unless fire or explosion ensue, and
wet or dry rot, or bacteria does not itself necessi then only for "loss", damage, or expense caused
tate an "interruption of business", but such "in by the ensuing fire or explosion.
terruption of business" is necessary due to "loss"
"Electronic data processing equipment" means com
or damage to covered property caused by "fun
puters, terminals, teleprinters, readers, telephone sys
gus", wet or dry rot, or bacteria, then we will pay
tems, computerized cash registers, word processing
the actual loss of "income" or "rental income"
equipment, and equipment and parts related to the
sustained by you in a period of not more than 30
processing unit.
days. The days need not be consecutive.
"Electronic data processing equipment" does not in
b. If the "interruption of business" was caused by
clude computer operated or controlled production or
loss or damage other than "fungus", wet or dry
processing machinery or equipment or a separate
rot, or bacteria but remediation of "fungus", wet
computer or computerized control panels used to op
or dry rot, or bacteria prolongs the "interruption
erate the production or processing machinery or
of business", we will pay the actual loss of "in
equipment.
come" or "rental income" sustained by you dur
ing the delay (regardless of when such a delay We will pay for "loss" to "electronic data processing
occurs during the "interruption of business") in a equipment" which is in excess of the deductible
period of not more than 30 days. The days need amount shown in the "Declarations".
not be consecutive. 2. Electronic Data - Expenses for Reproduction or
7. The coverage described under Paragraph 6.a. and 6.b. Replacement
of this Limited Coverage is limited to $25,000. Re We will cover the expenses incurred to reproduce or
gardless of the number of claims, this limit is the replace your "electronic data" when destruction or
most we will pay for the total of all loss of "income" corruption is caused by a peril insured against includ
or "rental income" arising out of your "interruption of ing loss by theft. This includes your "electronic data"
business" in a 12-month period (starting with the be that is destroyed or corrupted by magnetic injury, vi
ginning of the present annual policy period). With re rus, harmful code, or similar instruction introduced
spects to a particular occurrence of loss which results into or enacted on a computer system (including
in "fungus", wet or dry rot, or bacteria, we will not "electronic data") or a network to which it is connect
pay more than a total of $25,000 for loss of "income" ed, designed to damage or destroy any part of the sys
or "rental income" even if the "fungus", wet or dry tem or disrupts its normal operation.
rot, or bacteria continues to be present, active, or re Coverage is limited to "electronic data" which is
curs in a later policy period resulting in an "interrup-
owned by you, licensed or leased to you, originates
ElectroiMoniyffluidne§/t)4Z2Q2Q 15:25 / COMPLAINT / CV 20 932204 / Confirmation Nbr. 1993170 / CLMRB
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and resides in your computers, and is used in the e tions, or computer systems involved is $25,000.
commerce activity of your business. If the loss payment relating to the first interrup
This Additional Amount of Insurance does not apply tion does not exhaust this amount of insurance,
to "electronic data" which is integrated in and oper then the balance is available for loss or expense
ates or controls the building's elevator, lighting, heat sustained or incurred as a result of subsequent in
ing, ventilation, air conditioning, or security systems. terruptions during that policy year. With respect
to any interruption which begins in one policy
The business of e-commerce and e-commerce activi year and continues or results in additional loss or
ty means commerce conducted by the Internet or oth expense in a subsequent policy year(s), all loss
er computer based interactive communication net and expense is deemed to be sustained or in
work. This includes business-to-business conducted curred in the policy year in which the interrup
in that manner. tion began.
"Loss" or damage to "electronic data" will be valued c. This Income Protection coverage does not apply
at the cost of reproduction or replacement including
to loss sustained or expense incurred after the
the cost of data entry, re-programming, and computer end of the period of restoration even if the
consultation services. But we will not pay the cost to
$25,000 amount of insurance has not been ex
duplicate research that led to the development of your hausted.
"electronic data".
d. Coverage for Income Protection does not apply
To the extent that "electronic data" is not reproduced when "interruption of business" is due to damage
or replaced, the "loss" will be valued at the cost of or corruption of "electronic data", or any "loss"
replacement of the "media" on which "electronic da to "electronic data", except as provided under
ta" was stored, with blank "media" of substantially
Paragraphs a. through c. of this Income Protec
identical type. tion - Computer Operations.
The most we will pay for the expenses incurred in the No deductible applies to Income Protection - Cov
reproduction or replacement of your "electronic data"
erage 3.
is $25,000.
4. Exclusions - Electronic Data - Expenses for Re
"Media" means materials on which "electronic data"
production or Replacement and Income Protec
are recorded, such as magnetic tapes, disc packs, pa
tion - Computer Operations
per tapes, and cards.
We do not cover under Electronic Data - Expenses
We will pay for the expenses incurred in the repro
for Reproduction or Replacement and Income Protec
duction or replacement of your "electronic data"
tion - Computer Operations :
which is in excess of the deductible amount shown in
the "Declarations". a. "Media" and "electronic data" which cannot be
replaced with the same kind or quality.
b. Program support documentation such as flow
3. Income Protection - Computer Operations charts, record formats, or narrative descriptions
a. Income Protection - Coverage 3 is extended to unless they are converted to "electronic data"
cover your loss of "income" you sustain due to form and then only in that form.
partial or total "interruption of business" result
c. "Loss" caused by errors or omissions or defi
ing directly from an interruption in your comput ciency in design, specifications, materials, or
er operations due to your "electronic data" being
workmanship, unless fire or explosion ensues,
destroyed or corrupted by a peril insured against and then only for "loss", damage, or expense
including loss by theft. This includes your loss of caused by the ensuing fire or explosion.
"income" resulting from your "electronic data"
that is destroyed or corrupted by magnetic injury, d. "Loss" caused by errors or omissions in pro
gramming or processing operations or "loss" that
virus, harmful code, or similar instruction intro
duced into or enacted on a computer system (in occurred while the insured property is being
cluding "electronic data") or a network to which worked on unless fire or explosion ensues, and
then only for "loss", damage, or expense caused
it is connected, designed to damage or destroy
by the ensuing fire or explosion.
any part of the system or disrupt its normal oper
ation. e. "Loss" or damage caused by or resulting from
b. The most we will pay for your loss of "income" manipulation, including the introduction or enac
due to "interruption of business" resulting from tion of any virus, harmful code, or similar in
struction of a computer system (including "elec
an interruption to your computer operations in
tronic data") by any employee, including a tem
any one policy year, regardless of the number of
porary or leased employee, or by an entity re-
interruptions or the number of premises, loca
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12
stall, modify, maintain, repair, or replace that This includes the additional expenses to
system. clean up or dispose of such property.
D. Equipment Breakdown Coverage 2) This does not include contamination of Cov
The term Covered Cause of Loss in Section II - Perils ered Property by refrigerant, including but
Insured Against includes the Additional Coverage - not limited to ammonia, which is addressed
Equipment Breakdown Coverage as described and lim in Paragraph 2.a. above. As used in this cov
ited below. Without an "accident" or "electronic circuitry erage, additional costs mean those beyond
impairment", there is no Equipment Breakdown Cover what would have been payable under this
age. This Additional Coverage - Equipment Break coverage had no "hazardous substance" been
down Coverage is subject to the policy deductible shown involved.
in the "Declarations". 3) We will pay up to $25,000 for "loss", dam
1. We will pay for direct physical damage to Covered age or expense under this coverage, includ
Property that is the direct result of an "accident" or ing actual loss of "income" and "rental in
"electronic circuitry impairment". We will consider come" you sustain due to partial or total "in
"electronic circuitry impairment" to be physical dam terruption of business" and necessary "extra
age to "covered equipment". expense" you incur.
2. The following coverages also apply to the direct re e. Off Premises Equipment Breakdown
sult of an "accident" or "electronic circuitry impair 1) We will pay for physical damage to trans
ment". However, with respect to Off-Premises Utili portable "covered equipment" that, at the
ty Properties Failure below and Section VIII - time of the "accident" or "electronic circuit
Extensions of Coverage - B. 5. Contingent Busi ry impairment", is not at a location you do
ness Interruption coverages provided in this Cover not own, lease or operate. As respects to this
age Part, coverage will only apply to the direct result Off Premises Equipment Breakdown cover
of an "accident" and will not apply to the direct result age only, the "accident" or "electronic cir
of an "electronic circuitry impairment". These cover cuitry impairment" may occur in the United
ages do not provide additional amounts of insurance. States, its territories and possessions, Puerto
Rico, and Canada.
a. Ammonia Contamination 2) We will also pay for your reasonable and

If Covered Property is contaminated by ammonia necessary cost to research, replace, and re
store lost "electronic data" contained within
as a result of an "accident" or "electronic circuit
"covered equipment" as described under
ry impairment", we will pay up to $25,000 in
cluding salvage expense for any one "loss". Paragraph 1) above. This amount may not
exceed the limit applicable to Electronic Da
b. Electronic Data Restoration ta Restoration.
1) We will pay for your reasonable and neces
We will pay up to $25,000 for "loss" or
sary cost to research, replace, and restore damage under this coverage as described in
lost "electronic data". Paragraphs 1) and 2) above.
2) We will pay up to $50,000 for loss or ex f. Off-Premises Utility Properties Failure
pense under this coverage, including actual 1) Any insurance provided for Income Protec
loss of "income" and "rental income" you tion, Extra Expense for Electronic Data Res
sustain due to partial or total "interruption of
toration as described in Paragraph 2.b.
business" and necessary "extra expense" you above or Refrigerated Property as described
incur.
in Paragraph 2.h. below is extended to apply
c. Expediting Expenses
to your loss, damage, or expense resulting
With respect to your damaged Covered Property caused by a failure or disruption of service
we will pay up to $25,000 for the reasonable ex to the premises described in the "Declara
tra cost to: tions". The failure or disruption of service
1) Make temporary repairs; and must be caused by an "accident" to equip
2) Expedite permanent repairs or permanent ment, including overhead transmission lines,
that is owned by a utility, landlord, a land
replacement lord's utility or other supplier who provides
d. Hazardous Substances
you with any of the following services: elec
1) We will pay your additional cost to repair or trical power, waste disposal, air condition
replace Covered Property because of con ing, refrigeration, heating, natural gas, com-
tamination by a "hazardous substance". pressed air, water, steam, Internet access,
13
telecommunications services, "cloud compu h. Refrigerated Property
ting services", wide area networks, or data Business Personal Property and Personal Proper
transmission. The equipment must meet the ty of Others - Coverage 2 covers "loss" to the
definition of "covered equipment" Covered contents of refrigeration equipment on the in
Property.
sured premises.
2) "Cloud computing services" must be provid i. Temperature Change
ed by a professional provider with whom
Business Personal Property and Personal Proper
you have a contract.
ty of Others - Coverage 2 covers "loss" resulting
3) With respect to the Electronic Data Restora from temperature or humidity change.
tion portion of this Off-Premises Utility
Properties Failure coverage, coverage will 3. Equipment Breakdown Coverage Exclusions
also apply to "electronic data" stored in the The following exclusions are in addition to the exclu
equipment of a provider of "cloud compu sions in Section III - Exclusions.
ting services". a. We will not pay for "loss", damage or expense
4) Any insurance provided for Income Protec caused directly or indirectly by any of the fol
tion or Electronic Data Restoration will not lowing whether or not caused by or resulting
apply under this Off-Premises Utility Prop from an "accident" or "electronic circuitry im
erties Failure coverage unless the failure or pairment":
disruption of service exceeds 24 hours im 1) Fire including smoke from a fire;
mediately following the "accident". If the 2) Explosion of gas or unconsumed fuel within
interruption exceeds 24 hours, coverage will
the furnace of any boiler or fired vessel or
begin at the time of the disruption, and the within the passages from that furnace to the
applicable deductible will apply. atmosphere;
5) The most we will pay in any "one equipment 3) Any other explosion, except as specifically
breakdown" for loss, damage, or expense
covered under this Additional Coverage -
under this coverage is the applicable limit Equipment Breakdown Coverage;
for Electronic Data Restoration as described
4) Vandalism;
in Paragraph 2.b. above or Refrigerated
Property as described in Paragraph 2.h. be
low. The most we will pay in any "one b. Coverage under this Additional Equipment
equipment breakdown" for loss of "income" Breakdown Coverage does not apply to an "acci
you sustain and "extra expense" you incur dent" or "electronic circuitry impairment" caused
under Income Protection - Coverage 3 is by or resulting from:
$25,000.
1) Lightning;
g. Public Relations 2) windstorm or hail. However, this exclusion
1) This coverage only applies if you have sus does not apply when:
tained an actual loss of "income" covered
a. "Covered equipment located within a
under this Additional Coverage - Equipment
building or structure suffers an "acci
Breakdown Coverage.
dent" or "electronic circuitry impair
2) We will pay for your reasonable costs for ment" that results from wind-blown
professional services to create and dissemi rain, snow, sand, or dust; and
nate communications, when the need for b. The building or structure did not first
such communications arises directly from
sustain wind or hail damage to its roof
the interruption of your business. This
or walls through which the rain, snow,
communication must be directed to one or
sand or dust entered.
more of the following:
3) smoke; aircraft or vehicles; riot or civil
a) The "media"; commotion; sprinkler leakage; elevator col
b) The public; or lision;
c) Your customers, clients or members. 4) Breakage of glass; falling objects; weight of
3) Such costs must be incurred during the peri snow, ice, or sleet; freezing (caused by cold
od of restoration or up to 30 days after the weather); collapse; or molten material;
period of restoration has ended. 5) A hydrostatic, pneumatic or gas pressure test
4) We will pay up to $5,000 for loss or expense of any boiler or pressure vessel, or an elec-
for this coverage.
14
trical insulation breakdown test of any type Whenever "covered equipment" is found to
of electrical equipment; or be in, or exposed to, a dangerous condition,
6) An electrical breakdown test of any type of any of our representatives may immediately
electrical equipment; or suspend the insurance against "loss" from an
"accident" or "electronic circuitry impair
7) Water or other means used to extinguish a
fire. ment" to that "covered equipment". This can
be done by delivering or mailing a written
c. With respect to Income Protection Coverage - notice of suspension to:
Coverage 3 including Extra Expense Coverage
a) Your last known address; or
and Off Premises Utility Properties Failure, we
will also not pay for: b) The address where the "covered equip
ment" is located.
1) Loss caused by your failure to use due dili
gence and dispatch and all reasonable means Once suspended in this way, your insurance
to resume business; or can be reinstated only by an endorsement for
that "covered equipment". If we suspend
2) Any increase in loss resulting from an
your insurance, you will get a pro rata re
agreement between you and your customer
fund of premium for that "covered equip
or supplier.
ment" for the period of suspension. But the
d. We will not pay for any "loss" or damage to an suspension will be effective even if we have
imals. not yet made or offered a refund.
e. Exclusions b. 5) and b. 6) above shall not apply b. As respects this Additional Coverage - Equip
if: ment Breakdown Coverage only, Section X -
1) The excluded cause of loss occurs away Commercial Property Conditions - 20. Valuation
from any covered premises and causes an is deleted and replaced with the following:
electrical surge or other electrical disturb Valuation
ance; We will determine the value of Covered Property
2) Such surge or disturbance is transmitted as follows:
through utility service transmission lines to
1) Except as specified otherwise, our payment
the covered location and results in an "acci
for damaged Covered Property will be the
dent" or "electronic circuitry impairment";
smallest of:
and
a) The cost to repair the damaged proper
3) The loss, damage, or expense caused by
ty;
such surge or disturbance is not covered
elsewhere under the policy. b) The cost to replace the damaged proper
ty on the same site; or
f. Any cause of loss set forth in exclusion b. 6)
above that is not a Covered Cause of Loss in this c) The amount you actually spend that is
policy shall be excluded only as respects Section necessary to repair or replace the dam
VIII - Extension of Coverage - Income Pro aged property.
tection - Off-Premises Utility Properties Fail 2) The amount of our payment will be based on
ure. the most cost-effective means to replace the
4. Equipment Breakdown Coverage Conditions function, capacity and remaining useful life
of the damaged property. This may include
a. The following conditions are in addition to the
the use of generic, used, or reconditioned
conditions in Section X - Commercial Proper
parts, equipment, or property.
ty Conditions and Common Policy Conditions:
3) Except as described in Paragraph 4) below,
8) JURISDICTIONAL INSPECTION
you must pay the extra cost of replacing
If any property that is "covered equipment" damaged property with property of a better
under this Additional Coverage - Equipment kind or quality or of a different size or ca
Breakdown Coverage requires inspection to pacity.
comply with state or municipal boiler and
4) Environmental, Safety and Efficiency Im
pressure vessel regulations, we agree to per
provements
form such inspection on your behalf. We do
not warrant that conditions are safe or If "covered equipment" requires replacement
healthful. due to an "accident" or "electronic circuitry
impairment", we will pay your additional
9) SUSPENSION
cost to replace with equipment that is better
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15
more energy or water efficient than the SECTION V - DEDUCTIBLES
equipment being replaced. However, we 1. Building(s) - Coverage 1, Business Personal Property
will not pay to increase the size or capacity and Personal Property of Others - Coverage 2 and
of the equipment and we will not pay more Extensions of Coverage - We will pay the amount of
than 150% of what the cost would have been "loss" to property in any one occurrence which is in
to replace with like kind and quality. This excess of the deductible amount shown in the "Decla
provision does not apply to the replacement rations," unless otherwise stated in the Extensions of
of component parts or to any property to Coverage.
which Actual Cash Value applies and does
2. Glass covered under Building(s) - Coverage 1 or
not increase any of the applicable limits. Business Personal Property and Personal Property of
5) The following property will be valued on an Others - Coverage 2 - $200 deductible applies.
Actual Cash Value basis:
3. Signs covered under Building(s) - Coverage 1 or
1. Any property that does not currently Business Personal Property and Personal Property of
serve a useful or necessary function for Others - Coverage 2 - $200 deductible applies.
you; and
4. Theft - We will pay the amount of "loss" to property
2. Any Covered Property that you do not caused by theft in any one occurrence which is in ex
repair or replace within 24 months after cess of either $200 or the deductible amount applying
the date of the "accident" or "electronic to Building(s) - Coverage 1 and Business Personal
circuitry impairment". Property and Personal Property of Others - Coverage
6) If any one of the following conditions is 2 shown in the "Declarations," whichever is the
met, property held for sale by you will be greater amount.
valued at the sales price as if no loss or 5. When the occurrence involves "loss" to more than
damage had occurred, less any discounts and one building (or building and business personal prop
expenses that otherwise would have applied:
erty) and separate limits of insurance apply or blanket
1. The property was manufactured by you; limits of insurance apply, the losses will not be com
bined in determining the application of the deducti
2. The sales price of the property is less
than the replacement cost of the proper ble. The deductible will be applied only once per oc
ty; or currence.
6. Income Protection - Coverage 3 - No deductible ap
3. You are unable to replace the property
before its anticipated sale. plies.
7) Except as specifically provided for under SECTION VI - SPECIAL LOSS PAYMENTS - COVER
Electronic Data Restoration coverage, "elec AGE 1
tronic data" and "media" will be valued on
Improvements and Betterments Made By Others is sub
the following basis:
ject to special treatment when damaged by a peril insured
1. For mass-produced and commercially against:
available software, at the replacement
1. If you pay for repair or replacement, we will pay you
cost. the expenses involved not exceeding the replacement
2.For all other "electronic data" and "me cost of damaged property.
dia", at the cost of blank "media" for re If repaired or replaced at the expense of others, there
2.
producing the records. We will not pay
is no loss payable to you.
for "electronic data" representing finan
cial records based on the face value of 3. If the damaged property is not repaired or replaced by
you or at the expense of others, there is no loss paya
such records.
The most we will pay for loss, damage, or expense ble to you.
under this Additional Coverage - Equipment SECTION VII - SPECIAL LOSS PAYMENTS - COVER
Breakdown Coverage arising from any "one equip AGE 2
ment breakdown" is the applicable Limit of Insurance The following property is subject to special treatment
shown in the Declarations for Buildings - Coverage when damaged by a peril insured against:
1, Business Personal Property and Personal Property 1. Accounting Books, Records, Tapes, and Recording
of Others - Coverage 2, and Additional Income Pro Media. We will pay you the cost of blank items
tection - Coverage 3. Coverage provided under this (books, film, or other written documents). Extensions
Additional Coverage - Equipment Breakdown Cov of Coverage - B.29. - Valuable Papers and Records
erage does not provide an additional amount of insur- provides for reproduction of these items.
Electronically Filed 05/04/2020 15:25 / COMPLAINT / CV 20 932204 / COnfir^M
16
a. If you pay for repair or replacement, we will pay of a common carrier. This extension of coverage only
you the expenses involved not exceeding the re applies when the "loss" is not recoverable from the
placement cost of damaged property. purchaser, transporter, or any other insurance.
b. If not repaired or replaced, we will pay you a 3. Moving Clause. When you move, coverage for
proportion of your original cost. We will deter "loss" to business personal property and personal
mine the proportionate value as follows: property of others will apply for 60 days while in
1) Multiply the original cost by the number of transit and at each location. The amount of insurance
days from the "loss" or damage to the expi applying at each location will be the proportion that
ration of the lease; and the value in each such location bears to the total val
ue of Business Personal Property and Personal Prop
2) Divide the amount determined in 1) above erty of Others - Coverage 2 covered at the original
by the number of days from the installation
location. After the completion of your move, the cov
of improvements to the expiration of the
erage will apply at the new location only.
lease.
4. Refrigerated Property. Business Personal Property
If your lease contains a renewal option, the expi and Personal Property of Others - Coverage 2 covers
ration of the renewal option period will replace "loss" to the contents of refrigeration equipment on
the expiration of the lease in this procedure.
the premises described in the "Declarations" from
c. If repaired or replaced at the expense of others, power failure. "Loss" caused by or resulting from an
there is no loss payable to you. "accident" or "electronic circuitry impairment" is not
3. Sold Property. If you have sold property but not de covered.
livered it, we will pay you the net selling price.
SECTION VIII - EXTENSIONS OF COVERAGE described in the "Declarations".
A. Extensions of Coverage 5. Temperature Change. Business Personal Property

We will pay the following "losses" at your option. Pay and Personal Property of Others - Coverage 2 covers
ments under these Extensions are not an additional "loss" resulting from temperature or humidity
amount of insurance and will not increase the total change. There must first be damage from a peril in
amount of insurance available for the coverage involved. sured against to the premises described in the "Decla
rations". "Loss" resulting from riot and civil commo
1. Fences, Walks, Unattached Outbuildings, Tennis tion is not covered. "Loss" caused by or resulting
Courts, and Inground Swimming Pools - Coverage from an "accident" or "electronic circuitry impair
1. We will cover "loss" to fences, walks, unattached
ment" is also not covered.
outbuildings, tennis courts, and inground swimming
pools caused by a peril insured against on the premis This extension of coverage applies to each building
es described in the "Declarations." We will pay up to described in the "Declarations".
10% of the Building(s) - Coverage 1 limit but not to 6. Trees, Shrubs, Lawns, and Plants - Coverages 1 &
exceed $25,000 for any one "loss". If you are a tenant
2. We will cover "loss" to trees, shrubs, lawns, and
and no limit is shown for Building(s) - Coverage 1,
plants (except vegetated roofs) on the premises de
we will pay up to 10% of the Business Personal
Property and Personal Property of Others - Coverage scribed in the "Declarations" caused by fire; light
ning; explosion; riot or civil commotion; vehicles;
2 limit (minimum of $1,000) but not to exceed aircraft; smoke; falling objects; sonic boom; sinkhole
$25,000 for any one "loss".
collapse; volcanic action; or collapse caused by any
Unattached outbuildings include garages, storage ar
of the perils specified in this paragraph.
eas, and tool sheds but do not include those buildings
If trees, shrubs, and plants are inside buildings, on the
used for dwelling purposes or in connection with
premises described in the "Declarations", we will also
manufacturing, servicing, or farming operations.
cover "loss" caused by windstorm; hail; weight of
If specific insurance is carried on any item covered snow, ice, or sleet; vandalism or malicious mischief;
by this extension, then this extension does not apply or temperature change. There must first be damage
to that item. from a peril insured against to the premises described
This extension of coverage applies to each building in the "Declarations".
described in the "Declarations". We will not be liable for more than $1,000 for any
one tree, shrub, or plant, including expenses for re
2. Merchandise in Shipment. Business Personal Prop
erty and Personal Property of Others - Coverage 2 in moving debris, or $10,000 for any one "loss", unless
trees, shrubs, or plants are held for sale inside build
cludes protection for "loss" by a peril insured against
ings, or trees, shrubs, or plants are used for decora
to merchandise which you have sold but for which
tive purpose inside the building, in which case the
Electroy©ulhaveno05/04/M2d)piay:2®ntC ©MiÂINiTe/ cuV2dj932204 / Confirmation Nbr. 1993170 / CLMRB
17
Business Personal Property and Personal Property of viction of any person who commits theft of covered
Others - Coverage 2 limit applies. We will not be lia property.
ble for more than $2,500 for any one "loss" to lawns. The deductible does not apply to this extension.
This extension includes expenses for the removal of
3. Building Ordinance or Law Coverage.
debris of trees, shrubs, and plants from the premises
A. Application of Coverage
described in the "Declarations" caused by a peril in
sured against which are the property of others. If you The building ordinance or law coverage applies
are a tenant, we will not cover removing debris of to B. Coverage for the Value of the Undam
trees, shrubs, and plants owned by the landlord at the aged Part of the Building and C. Coverage for
premises described in the "Declarations." the Increased Cost of Construction for any
There is no coverage under this policy for trees, building covered by this policy at the premises
described in the "Declarations" or for tenant's
shrubs, lawns, and plants grown outside of buildings
improvements and betterments as described un
held for sale.
der business personal property and personal
This extension of coverage applies to each building property of others only if Paragraphs A. 1. and
described in the "Declarations". A.2. below are satisfied and an amount of insur
ance is shown on the "Declarations" for Build
B. Extensions of Coverage
ings or for tenant's improvements and better
Payments under these Extensions of Coverage are an
ments an amount of insurance is shown in the
ADDITIONAL AMOUNT of insurance and will increase "Declarations' for Business Personal Property
the total amount of insurance available for the coverage and Personal Property of Others:
involved.
1. The ordinance or law:
1. Accounts Receivable. This policy covers damage to a. Regulates the demolition, construction
records of accounts receivable up to $25,000 for any
or repair of buildings, or establishes
one "loss" caused by a peril insured against at the
zoning or land use requirements at the
premises described in the "Declara
conveyed outside the premises or while temporarily
within other premises for any purpose except storage. tions"; and
It covers: b. Is in force at the time of "loss"; or the
ordinance or law is promulgated or re
a. All sums due the insured from customers, pro
vised after the loss but prior to com
vided the insured is unable to collect such sums
mencement of reconstruction or repair
as the direct result of "loss" to records of ac
counts receivable; and provided that such ordinance or law
requires compliance as a condition
b. Interest charges on any loan to offset impaired precedent to obtaining a building permit
collections pending repayments of such sums or certificate of occupancy.
made uncollectible by such "loss";
but coverage applies only in response to the
c. Collection expense in excess of normal collec minimum requirements of the ordinance or
tion cost which is made necessary because of law. Losses and costs incurred in complying
such "loss"; and with recommended actions or standards that
d. Other expenses, when reasonably incurred by the exceed actual requirements are not covered.
insured in re-establishing records of accounts re 2. The building sustains:
ceivable following such "loss".
a. Direct physical damage caused by a
Coverage will also apply while the records of ac peril insured against under this policy
counts receivable are being moved to and while at a and such damage results in enforcement
place of safety because of imminent danger of "loss", of or compliance with the ordinance or
and while being returned from such place. law; or
This extension of coverage applies to each building b. Both direct physical damage that is
described in the "Declarations". covered under this policy and direct
The deductible does not apply to this extension. physical damage that is not caused by a
peril insured against under this policy,
2. Arson and Theft Reward. We will pay up to
and the building damage in its entirety
$10,000 as a reward to any individual or group for in results in enforcement of or compliance
formation which results in the arrest and conviction with the ordinance or law.
of any person committing an act of arson resulting in
but if the building sustains direct physical
damage to covered property or in the arrest and con-
damage that is not caused by a peril insured
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18
against under this policy and such damage is ing at the time of "loss" or damage
the subject of the ordinance or law, then and the amount paid for "loss" to
there is no coverage even if the building has the damaged or destroyed portion
also sustained direct physical damage of the insured building.
caused by a peril insured against. b. We will pay the smallest of the follow
This extension of coverage applies to each build ing if the covered building is being re
ing described in the "Declarations". paired or replaced on the same premises
or another premises:
B. Coverage for the Value of the Undamaged
1) The actual cash value for the un
Part of the Building
damaged part of the building, if the
1. Coverage Agreement insured building is covered on an
If the building sustains direct damage caused by actual cash value basis;
a peril insured against, we will pay for the value 2) The replacement cost for the un
of the undamaged part of the building caused by damaged part of the building if the
enforcement of or compliance with any ordi insured building is covered on a re
nance or law regulating the construction or repair placement cost basis;
of building(s) that:
3) The amount of insurance shown in
a. Requires the demolition of the undam the "Declarations" for the building
aged parts of the building; described in the "Declarations";
b. Regulates the construction or repair of
4) If this policy is endorsed to cover
the building, or establishes zoning or Earthquake and/or Flood as a Cov
land use requirements at the premises ered Cause of Loss, the Amount of
described in the "Declarations"; and
Insurance applicable to the building
c. Is in force at the time of "loss" or dam in the event of damage by such
age. Covered Cause of Loss may be
Coverage for the Value of the Undamaged Part lower than the Amount of Insur
of the Building is not an additional amount of in ance that otherwise would apply; or
surance. Payment is included within the amount 5) The difference between the amount
of insurance for the covered building described of insurance on the insured build
in the "Declarations". ing at the time of "loss" or damage
and the amount paid for "loss" to
2. Loss Payment - Value of the Undamaged
Part of the Building the damaged or destroyed portion
We will pay for the value of the undamaged por of the insured building.
C. Coverage for Increased Cost of Construction
tion of the building as a result of any ordinance
or law regulating the construction, use, or repair 1. Coverage Agreement
of building(s) as follows: If the building or tenant's improvements and bet
a. We will pay the smallest of the follow terments sustain direct physical damage caused
ing if the covered building is not re by a peril insured against, we will pay up to
paired or rebuilt: $25,000 for the increased cost to:
1) The actual cash value of the un a. Repair, replace, or construct the dam
damaged part of the building; aged portions of the building or tenant's
2) The amount of insurance shown in improvements and betterments; or

the "Declarations" for the building b. Reconstruct or remodel undamaged por
described in the "Declarations"; tions of the building or tenant's im
3) If this policy is endorsed to cover provements and betterments whether or

Earthquake and/or Flood as a Cov not demolition is required.
ered Cause of Loss, the Amount of caused by enforcement of or compliance with
Insurance applicable to the building any ordinance or law regulating the construction,
in the event of damage by such use, or repair of buildings. If the building is re
Covered Cause of Loss may be paired or replaced, it must be intended for the
lower than the Amount of Insur same use as the current building, unless other
ance that otherwise would apply; or wise required by an ordinance or law. We will
4) The difference between the amount not pay for the increased cost of construction if
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19
the building is not repaired, replaced, or remod a. Forgery or alteration of credit, debit, or charge
eled. cards; and
When a building described in the "Declarations" b. Forgery or alteration of any checks, drafts, prom
is damaged or destroyed and increased cost of issory notes, or similar written promises, orders,
construction applies to that building in accord or directions to pay a sum certain in money that
ance with C.1.a. above, coverage for the in are:
creased cost of construction also applies to re 1) Made or drawn by or drawn upon you;
pairs or reconstruction of the following, subject
2) Made or drawn by one acting as your Agent;
to the same conditions stated in C.l.a.:
or that are purported to have been so made or
a. The cost of excavations, grading, back
filling, and filling; drawn.
We will not pay for "loss" caused by dishonest or
b. Foundation of the building;
criminal acts committed by you, any of your mem
c. Pilings; and
bers of a limited liability company, or any of your
d. Underground pipes, flues, and drains. employees, directors, trustees, or authorized repre
2. Loss Payment - Increased Cost of Con sentatives:

struction a. Acting alone or in collusion with other persons;
The most we will pay is $25,000 for the in or
creased cost of construction that results from any b. While performing services for you or otherwise.
building ordinance or law. Payment for the in
We will not pay for any "loss" arising from forgery or
creased cost of construction is an additional alteration of a credit, debit, or charge card if you have
amount of insurance. not complied fully with the provisions, conditions, or
D. Building Ordinance or Law - No Coverage other terms under which the card was issued.
We will not pay for "loss" due to any ordinance All "losses" committed by any person, whether acting
or law that: alone or in collusion with others, are considered one
1. You were required to comply with before occurrence which is subject to the $5,000 limit.
the "loss", even if the building was undam If you are sued for refusing to pay any covered in
aged; and strument on the basis that it has been forged or al
2. You failed to comply with the ordinance or tered and you have our written consent to defend
law. against the suit, we will also pay for any reasonable
legal expense that you incur and pay in that defense.
We will not pay any costs associated with the en
The amount we will pay is in addition to the amount
forcement of or compliance with an ordinance or
of insurance applicable to this extension. The deduct
law which requires any insured or others to test
ible does not apply to legal expenses.
for, monitor, clean up, remove, contain, treat, de
toxify or neutralize, or in any way respond to or You must include with your proof of loss any instru
assess the effects of "pollutants", "fungus", wet ment involved in that loss, or, if that is not possible,
or dry rot, or bacteria. an affidavit setting forth the amount and cause of
Also, we will not pay any costs associated with loss.
Electrical and Mechanical Signatures. We will treat
the enforcement of or compliance with an ordi
nance or law which requires the demolition, re signatures that are produced or reproduced electroni
pair, replacement, reconstruction, remodeling, or cally, mechanically, or by other means same as
remediation of property due to contamination by handwritten signatures.
"pollutants" or due to the presence, growth, pro "Covered instruments" includes checks, drafts, prom
liferation, spread, or any activity of "fungus", issory notes, or similar written promises.
wet or dry rot, or bacteria. "Forgery" means the signing of the name of another
We will not pay under this endorsement for any person or organization with intent to deceive; it does
loss in value or any cost incurred due to an ordi not mean a signature which consists in whole or in
nance or law that you were required to comply part of one’s own named signed with or without au
with before the time of the current loss, even in thority, in any capacity or for any purpose.
the absence of building damage, if you failed to "Occurrence" means for this coverage only, all loss
comply. caused by any person or in which that person is in
4. Check, Credit, Debit or Charge Card Forgery or volved, whether the loss involves one or more in
Alteration. We will pay up to $5,000 for any one struments.
"loss" resulting directly from: This extension applies anywhere in the world.
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20
A $200 deductible applies to this extension. "Interruption of business" for contingent business in
terruption does not include any increased period re
5. Contingent Business Interruption. We will pay up
quired due to the enforcement of any ordinance or
to $25,000 for your contingent income meaning loss
of "income" or "rental income" you sustain due to law that:
partial or total "interruption of business" resulting di a. Regulates the construction, use, or repair, or re
rectly from "loss" or damage to Building(s) or Busi quires the tearing down, of any property; or
ness Personal Property of "dependent properties" b. Requires any insured or others to test for, moni
from a peril insured against. tor, clean up, remove, contain, treat, detoxify or
However, coverage for contingent income does not neutralize, or in any way respond to or assess the
apply when the only loss to "dependent properties" is effects of "pollutants".
"loss" or damage to "electronic data", including de The deductible does not apply to this extension.
struction or corruption of "electronic data". If the
"dependent property" sustains "loss" or damage to 6. Counterfeit Money. We will pay up to $1,000 per
workday for loss from the acceptance in good faith of
"electronic data" and other property, this coverage
counterfeit money. "Workday" means a day on which
will not continue once the other property is repaired,
your operations are usually performed.
rebuilt, or replaced.
We will reduce the amount of your "income" or
"rental income" loss, other than "extra expense", to 7. Debris Removal. We will pay the cost of removal of
the extent you can resume normal operations by us debris to covered property on the premises described
ing an available: in the "Declarations" caused by a peril insured
a. Source of materials; or against. This does not apply to any increase of "loss"
resulting from ordinances or laws regulating con
b. Outlet for your products.
struction or repair of buildings. We will pay up to 5%
"Dependent property" means premises operated by of the total limits for Coverages 1 and 2 plus $25,000
others whom you depend on in any way for continua for debris removal expense.
tion of your normal business operations. The "de This extension does not cover the cost to:
pendent properties" are:
a. Remove debris of your property that is not in
a. Contributing Locations which mean those prem sured under this policy, or property in your pos
ises you depend on as a source of materials or session that is not covered property under Build-
services that you need for your operations. Ser
ing(s) - Coverage 1 or Business Personal Proper
vices does not include water, communication,
ty and Personal Property of Others - Coverage 2;
power supply, or waste water removal properties;
b. Remove debris of property owned by or leased to
b. Recipient Locations which mean those premises the landlord of the building where your described
you depend on as a customer for your products premises are located, unless you have a contrac
or services; tual responsibility to insure such property and it
c. Manufacturing Locations which mean those is insured under this policy;
premises you depend on to manufacture products c. Remove any property that is property not cov
for your customers under contract or sale; or ered under Building(s) - Coverage 1 or Business
d. Leader Locations which mean those premises Personal Property and Personal Property of Oth
you depend on to attract customers to your busi ers - Coverage 2;
d. Remove property of others of a type that would
ness. not be covered property under Building(s) -
"Dependent properties" do not include roads, bridges,
Coverage 1 or Business Personal Property and
tunnels, waterways, airfields, pipelines, or any other Personal Property of Others - Coverage 2; or
similar areas or structures. e. Extract "pollutants" from land or water, or to re
"Interruption of business" for contingent business in move, restore, or replace polluted land or water.
terruption means the period of time that your busi
ness is suspended and it: This extension of coverage applies to each building
a. Begins with the date of direct "loss" or damage
to the "dependent property" caused by a peril in 8. Demolition Cost. This policy covers the cost, not to
sured against; and exceed $25,000, of demolishing and removing any
b. Ends on the date when the "dependent property" undamaged portion of the building after a covered
should be repaired, rebuilt, or replaced with rea "loss". The demolition must be required by enforce
sonable speed and similar quality. ment of any ordinance or law regulating the construc
tion, use of, or repair of buildings.

21
This extension of coverage applies to each building under your prior insurance, except that the time
described in the "Declarations". to discover the loss had expired, we will pay the
loss under this Extension of Coverage, provided:
The deductible does not apply to this extension.
1) This policy became effective at the time of
9. Employee Dishonesty. We will pay for loss of
cancellation or termination of your prior in
"money", "securities", and Business Personal Proper
surance; and
ty and Personal Property of Others - Coverage 2 up to
$10,000 per occurrence resulting from dishonest acts 2) The loss would have been covered by this
committed by any of your "employees", whether insurance had it been in effect when the act
identified or not, acting alone or in collusion with or events causing the loss were committed
other persons (except you or your partner(s)) with the or occurred.
intent to: We will pay up to $10,000 or the amount of in
a. Cause you to sustain loss; and surance under your prior insurance, whichever is
b. Obtain financial benefit (other than salaries, less.
commissions, fees, bonuses, promotions, awards, The loss under this part g. is not an additional
profit sharing, pensions, or other employee bene amount of insurance and will not increase the to
fits earned in the normal course of employment) tal amount of insurance for Employee Dishones
for: ty.
1) Any "employee"; or We do not cover:
2) Any other person or organization. a. Loss caused by any dishonest or criminal act
This extension is subject to the following: committed by you, or any of your members of a
limited liability company, or any of your part
a. For any loss, our payment shall not exceed the
ners, whether acting alone or in collusion with
replacement cost of business personal property other persons;
and personal property of others at the time of
b. Loss or that part of any loss, the proof of which
loss, except the cost of "securities" may be de
termined by the market value at the time of set as to its existence or amount is dependent upon:
tlement; 1) An inventory computation; or
b. All loss caused by, or involving, one or more 2) A profit and loss computation.
"employees", whether the result of a single act or c. Loss that is an indirect result of any act or occur
a series of acts, is considered one occurrence; rence covered by this policy including, but not
c. We will pay for loss you sustain through acts limited to, loss caused by:
committed or events occurring during the policy 1) Your inability to realize income that you
period and if loss is discovered during the policy would have realized had there been no loss
period or is discovered within one year from the of, or loss from damage to covered property;
end of the policy period; 2) Payment of damages of any type for which
d. Our payment is not increased regardless of the you are legally liable. We will pay compen
number of people we protect; satory damages arising directly from a loss
e. Regardless of the number of years our policy is covered by this policy;
in force, the amount of insurance shall not be 3) Payment of costs, fees, or other expenses
cumulative from year to year; you incur in establishing either the existence
f. If you sustained a loss during the policy period or the amount of loss under this policy; or
shown in the “Declarations” resulting directly 4) Payment of expenses related to any legal ac
from an ’’occurrence” taking place: tion.
1) Partly during the policy period shown in the d. Any "employee" immediately upon discovery
“Declarations”; and by:
2) Partly during the policy period(s) of any pri 1) You; or
or renewals; 2) Any of your partners, officers, directors, or
we will first settle the amount of loss that you members of a limited liability company not
sustained during this policy period. We will then in collusion with the "employee";
settle the remaining amount of loss that you sus of any dishonest act committed by that "employ
tained during the policy period(s) of the prior re ee" before or after being hired by you.
newals.
g. If you sustained a loss during the period of any
ElectronicaiprFtfe(in5®mc20^tbat5ySJi/ GOMpIwNT>WW0k932204 / Confirmation Nbr. 1993170 / CLMRB
22
e. Loss caused by any "employee" for whom simi b. The combined total of all separate acts whether
lar prior insurance has been cancelled and not re or not related; or
instated since the last such cancellation; c. A series of acts whether or not related;
f. Loss resulting directly or indirectly from trading
whether in your name or in a genuine or ficti committed by an “employee” acting alone or in col
tious account; or lusion with other persons, during the policy period
shown in the “Declarations”, except as provided un
g. Loss resulting from fraudulent or dishonest sign
ing, issuing, cancelling, or failing to cancel a der Paragraphs f. and g. of This extension subject to
the following under Employee Dishonesty - Section
warehouse receipt or any papers connected with
VIII Extensions of Coverage.
it.
"Employee" means for this coverage only:
a. Any natural person: 10. Expenses for Loss Adjustment. We will pay up to
$5,000 for expenses involved in the preparation of
1) While in your service (and for 30 days after loss data, inventories, and appraisals. This does not
termination of service);
include expenses incurred in using a public adjuster.
2) Whom you compensate directly by salary,
wages, or commissions; and This extension of coverage applies to each building
3) Whom you have the right to direct and con
trol while performing services for you. The deductible does not apply to this extension.
b. Any natural person employed by an employment 11. Expenses for Security. We will pay up to $2,500 for
contractor while that person is subject to your di expenses incurred for security after a covered "loss"
rection and control and performing services for to protect the covered property from further damage.
you excluding, however, any such person while
having care, custody, and control of property described in the "Declarations".
outside the premises described in the "Declara
tions". The deductible does not apply to this extension.
c. Any natural person who is leased to you under a 12. Exterior Signs, Lights, and Clocks. We will pay up
written agreement between you and a labor leas to $5,000 for "loss" caused by a peril insured against
to lights, clocks, and permanently mounted unat
ing firm to perform duties related to the conduct
of your business. tached exterior signs which you own or which are in
your care, custody, or control and for which you are
d. Any natural person who is a former "employee",
contractually responsible. We will cover all lights,
director, partner, member of a limited liability clocks, and permanently mounted unattached signs
company, representative, or trustee retained as a
on the premises described in the "Declarations".
consultant while performing services for you.
We will not pay for "loss" caused by:
e. Any natural person who is a guest student or in
tern pursuing studies or duties, excluding how a. Wear and tear, gradual deterioration, faulty man
ever, any such person while having care, custo ufacture or installation, inherent vice, extremes
dy, or control of covered property outside the of temperature, dampness of atmosphere, or me
chanical breakdown;
premises described in the "Declarations".
f. Any natural person who is a property manager of b. Damaged to electrical apparatus which is part of
properties owned by you. covered property caused by electricity other than
lightning, except for ensuing fire damage; or
g. Any natural person who is acquired as an “em
c. Breakage during installation, repairing or dis
ployee” through consolidation or merger.
mantling, or breakage during transportation, un
"Employee" does not mean any:
less caused by fire, lightning, collision, derail
a. Agent, broker, factor, commission merchant,
ment, or overturn of vehicle.
consignee, independent contractor, or representa
13. Fine Arts. We will pay up to $25,000 for a "loss"
tive of the same general character; or
caused by a peril insured against, to your fine arts on
b. Manager of a limited liability company, director, the premises described in the "Declarations". Fine
or trustee except while performing acts coming
arts mean property that is rare or has historical value,
within the scope of the usual duties of an "em such as paintings, etchings, drawings, rare books,
ployee". tapestries, or stained glass.
“Occurrence” means for this coverage only: We will not cover fine arts that are on display at fair
a. An individual act; grounds or at a national or international exposition.
23
We do not cover "loss" caused by a process to repair, 2) Water mains.
retouch, restore, adjust, service, or maintain your fine D. Wastewater Removal Property, meaning a utility
arts. If a fire or explosion results, we do cover the system for removing wastewater and sewage
"loss" caused by the fire or explosion. from the premises described in the "Declara
This extension of coverage applies to each building tions", other than a system designed primarily for
draining storm water. The wastewater removal
property includes sewer mains, pumping sta
14. Fire Department Service Charges. We will pay tions, and similar equipment for moving the ef
reasonable charges made by a fire department for
fluent to a holding treatment or disposal facility,
services rendered as a result of an insured "loss". and includes such facilities.
Coverage under this policy does not apply to inter
described in the "Declarations". ruption in service caused by or resulting from a dis
The deductible does not apply to this extension. charge of water or sewage due to heavy rainfall or
flooding.
15. Fire Extinguisher Recharge. We will pay expenses
incurred to recharge portable fire extinguishers after We will only pay for loss of "income", "rental in
they are used to fight a fire. come", and "extra expense" sustained by you after the
first 24 hours following "loss" to off-premises com
munication supply property, power supply property,
described in the "Declarations". water supply property, or waste water removal prop
The deductible does not apply to this extension. erty.
16. Income Protection - Off-Premises Utility Proper Transmission lines include all lines which serve to
ties Failure. We will pay up to $25,000 for your loss transmit communication service or power, including
of "income", "rental income", and "extra expense" links which may be identified as distribution lines.
you sustain due to partial or total "interruption of This extension of coverage applies to each building
business" resulting from the interruption of service to
the premises described in the "Declarations".
The "interruption of business" must result directly The deductible does not apply to this extension.
from "loss" to the following property, not on the 17. Key Replacement. If keys to your building(s) are
premises described in the "Declarations" from a peril stolen during a theft loss, we will pay, at your re
insured against: quest, up to $5,000 to replace the keys and locks to
A. Communication Supply Property, meaning prop the doors of your premises.
erty supplying communication services, includ This extension of coverage applies to each building
ing telephone, radio, microwave, or television described in the "Declarations".
services, to the premises described in the "Decla
rations", such as: 18. Leasehold Interest. We will pay for leasehold inter
est you sustain due to the cancellation of your lease
1) Communication transmission lines (includ
ing fiber optic transmission lines); resulting directly from "loss" or damage to build-
ing(s) or business personal property at the premises
2) Coaxial cables; and
described in the "Declarations" from a peril insured
3) Microwave radio relay except satellites. against.
B. Power Supply Property, meaning the following We will not pay any "loss" you sustain caused by
types of property supplying electricity, steam, or your cancelling the lease.
gas to the premises described in the "Declara This extension of coverage applies to each building
tions":
1) Utility generating plants;
Leasehold interest means the following:
2) Switching stations;
3) Substations; A. Tenant’s Lease Interest, meaning the difference
between the:
4) Transformers; and
1) Rent you pay at the premises described in
5) Transmission lines.
the "Declarations"; and
C. Water Supply Property, meaning the following
2) Rental value of the premises described in the
types of property supplying water to the premis "Declarations".
es described in the "Declarations":
B. Bonus payments, meaning the unamortized por-
1) Pumping stations; and
WhMuM wiU not be refunded
Electronically Filed 05/04/2020 15:25 / COMPLAINT / CV 20 932204 / Confirmation
24
to you. A cash bonus is money you paid to ac b) Your "net leasehold interest" at the time
quire your lease. It does not include: of loss.
1) Rent, whether or not prepaid; or 2) Your "net leasehold interest" decreases au
tomatically each month. The amount of each
2) Security.
decrease is your "monthly leasehold inter
C. Improvements and Betterments, meaning the
est". A proportionate share applies for any
unamortized portion of payments made by you
period of time less than a month.
for improvements and betterments. It does not
include the value of improvements and better Definitions
ments recoverable under any other insurance, but "Gross leasehold interest" means the difference be
only to the extent such other insurance is valid. tween the:
Improvements and betterments are fixtures, al a. Monthly rental value of the premises you lease;
terations, installations, or additions: and
1) Made a part of the building or structure you b. Actual monthly rent you pay including taxes, in
occupy but do not own; and surance, janitorial, or other services that you pay
2) You acquire or made at your expense but as part of the rent.
cannot legally remove. This amount is not changed:
D. Prepaid Rent, meaning the unamortized portion a. Whether you occupy all or part of the premises;
of any amount of advance rent you paid that will or
not be refunded to you. This does not include b. If you sublet the premises.
the customary rent due at: "Monthly leasehold interest" means the monthly por
1) The beginning of each month; or tion of covered Bonus Payments, Improvements and
2) Any other rental period. Betterments, and Prepaid Rent. To find your "month
ly leasehold interest", divide your original costs of
Amount of Insurance
Bonus Payments, Improvements and Betterments,
We will pay your "net leasehold interest" at the time
and Prepaid Rent by the number of months left in
of loss up to $15,000 for loss you sustain because of your lease at the time of the expenditure.
the cancellation of any one lease. This applies to:
"Net Leasehold Interest":
a. Tenant’s Lease Interest
a. Applicable to Tenant’s Lease Interest
1) But, if your lease is cancelled and your land
"Net leasehold interest" means the present value of
lord lets you continue to use your premises
your "gross leasehold interest" for each remaining
under a new lease or other arrangement, the
month of the term of the lease at the rate of inter
most we will pay for loss because of the
est.
cancellation of any one lease is the lesser of:
The "net leasehold interest" is the amount that,
a) The difference between the rent you
equivalent to your receiving the "Gross Leasehold
now pay and the rent you will pay under
Interest" for each separate month of the unexpired
the new lease or other arrangement; or
term of the lease.
b) Your "net leasehold interest" at the time
b. Applicable to Bonus Payments, Improvements
of loss.
and Betterments, or Prepaid Rent.
2) Your "net leasehold interest" decreases au
"Net leasehold interest" means your "monthly
tomatically each month. The amount of "net
leasehold interest" times the number of months
leasehold interest" at any time is your "gross
left in your lease.
leasehold interest" times the leasehold inter
est factor for the remaining months of your 19. Money and Securities. We will pay up to $10,000
lease. A proportionate share applies for any for any one "loss" caused by a peril insured against to
one period of time less than a month. "money" or "securities" while in or on the premises
described in the "Declarations" or within a bank or
b. Bonus Payments, Improvements and Better
savings institution.
ments, and Prepaid Rent
We will pay for "money" and "securities" while being
1) If your lease is cancelled and your landlord
conveyed by the insured or by an authorized employ
lets you continue to use your premises under
ee up to $10,000 for any one "loss" caused by a peril
a new lease or other arrangement, the most
insured against.
we will pay for loss because of the cancella
tion of any one lease is the lesser of: We will pay up to $10,000 for "loss" if the "loss" oc
curs inside the home of the insured or an authorized
a) The loss sustained by you; or
/ ConfifflfcWNbr. 1993170 / CLMRB
Electronically Filed 05/04/2020 15:25 / COMPLAINT / CV 20 9
25
We will pay for "money" and "securities" destruction You shall report values involved and pay any addi
up to $10,000 for any one "loss" caused by a peril in tional premium.
sured against. "Money" and "securities" destruction This extension does not apply to property while in
means "loss" by destruction of "money" and "securi transit.
ties" within the premises described in the "Declara
21. Non-Owned Detached Trailers. Business Personal
tions". Property and Personal Property of Others - Coverage
This does not include "loss" caused by unexplained 2 is extended to cover non-owned detached trailers
or mysterious disappearance or abstraction. that you do not own, provided that:
This extension of coverage applies to each building A. The trailer is used in your business;
described in the "Declarations". B. The trailer is in your care, custody, or control at
20. Newly Acquired or Constructed Property. the insured premises described in the "Declara
A. If this policy covers Building(s), you may extend tions"; and
C. You have a contractual responsibility to pay for
that insurance to apply up to 50% of the limit for
Coverage 1 or $500,000, whichever is less, on: "loss" or damage to the trailer.
1) Newly acquired buildings at other than the We will not pay for any "loss" or damage that occurs:
location(s) described in the "Declarations"; a. While the trailer is attached to any motor vehicle
or or motorized conveyance, whether or not the mo
2) New additions, new buildings, and new tor vehicle or motorized conveyance is in mo
structures when constructed on the insured tion; or
premises, including materials, equipment, b. During hitching or unhitching operations or
and supplies on or within 1,500 feet of the when a trailer becomes accidentally unhitched
insured premises; from a motor vehicle or motorized conveyance.
provided there is no other insurance applicable. We will pay up to $5,000 for any one "loss" caused
B. If this policy covers your Business Personal by a peril insured against to non-owned detached
Property and Personal Property of Others, you trailers.
may extend that insurance to apply up to 25% of This insurance is excess over the amount due (wheth
the limit for Coverage 2 or $250,000, whichever er you can collect on it or not) from any other insur
is less, on newly acquired Business Personal ance covering such property.
Property and Personal Property of Others in a
newly acquired or leased building other than the This extension of coverage applies to each building
location(s) described in the "Declarations";
provided there is no other insurance applicable. 22. Peak Season Coverage - Business Personal Prop
You may apply up to one month's actual business
erty and Personal Property of Others - Coverage
C.
income loss or $250,000, whichever is less on:
2. We will pay up to 25% of the limit for Business
Personal Property and Personal Property of Others -
1) Newly acquired Building(s) or Business
Coverage 2 to cover "loss" to business personal prop
Personal Property and Personal Property of erty during a peak season. We will only provide this
Others in a newly leased building at other
increase if you have insured business personal prop
than the location(s) described in the "Decla erty to 100% of full replacement cost of your average
rations"; or monthly values during the 12 months immediately
2) New additions, new buildings, and new preceding the date when the "loss" or damage occurs.
structures when constructed on the described 23. Personal Articles. Business Personal Property and
premises, including materials, equipment, Personal Property of Others - Coverage 2 is extended
and supplies on or within 1,500 feet of the to cover household and personal articles of the in
described premises, if "loss" to the new ad sured, the insured's partners, members or managers of
ditions, new buildings, and new structures a limited liability company, the insured's officers, or
delays the start of your business. The "inter the insured's employees for loss caused by a peril in
ruption of business" will start on the day sured against. We will pay up to $10,000 for any one
your business would have started if the "loss" at the premises described in the "Declarations".
"loss" had not occurred;
provided there is no other insurance applicable.
This extension shall apply for 90 days after the acqui
sition or start of construction, provided the policy 24. Pollutants Clean Up and Removal. We will cover
_
remains in force or is renewed. the cost to extract "pollutants" from land or water on
ElectronicallyFilecr 0570472020’ 1‘5:257 COMPLAINT / CV 20 932204 / Confirmation Nbr. 1993170 / CLMRB
26
the premises described in the "Declarations" if the re This extension includes $1,000 of coverage for tools
lease, discharge, or dispersal of "pollutants" is caused and equipment.
by a peril insured against during the policy period. This extension applies away from premises only
We will pay up to $25,000 for all "losses" throughout while in the United States of America, its territories
the year. The "loss" must be reported to us within 180 or possession, Puerto Rico, or Canada.
days after the "loss" or the end of the policy period,
whichever is the later date. 29. Valuable Papers and Records. Business Personal
25. Property in Danger. This policy covers up to 45 2 is extended to cover the "extra expense" incurred in
days for any "loss" to covered property removed from the reproduction of your valuable papers and records
the premises described in the "Declarations" or at a and your interest in the valuable papers of others
temporary location because of danger of damage by a when destroyed by a peril insured against at the
peril insured against or to repair damage to the cov premises described in the "Declarations", while being
ered property. conveyed outside the premises, or temporarily within
This extension of coverage applies to each building other premises for any purpose except storage.
described in the "Declarations". Coverage will also apply while your valuable papers
and records and your interest in the valuable papers
26. Temporarily Off-Premises - Business Personal
of others are being moved to and while at a place of
Property and Personal Property of Others - Cov
safety because of imminent danger of "loss" and
erage 2. This extension includes coverage for busi
while being returned from such place.
ness personal property and personal property of oth
ers up to $25,000, and coverage for salesmen's sam "Loss" or damage to valuable papers and records will
ples up to $5,000 for "loss" caused by a peril insured be valued at the cost of restoration or replacement of
against except while in transit and other than "equip the lost or damaged information. To the extent that
ment breakdown" to transportable "covered equip the contents of the valuable papers and records are
ment" as provided in Section IV - Additional Cov not restored, the valuable papers and records will be
erages - D. Equipment Breakdown Coverage. This valued at the cost of replacement with blank materi
extension applies only to business personal property als of substantially identical type.
and personal property of others at a location you do Valuable papers and records means inscribed, print
not own, lease, or operate and for not more than 60 ed, or written:
days. a. Documents;
We will cover business personal property and per b. Manuscripts; and
sonal property of others and salesmen's samples at
c. Records;
exhibitions or trade shows for not more than 60 days.
including: abstracts, books, deeds, drawings, films,
This extension shall not apply to property rented to
maps, or mortgages. But valuable papers and records
others and property sold on installment or deferred
does not mean "money" or "securities".
payment plans after delivery to customers.
This extension is limited to $25,000 for any one
27. Transportation - Airborne Property. We will pay
"loss".
up to $25,000 for "loss" to Business Personal Proper
ty and Personal Property of Others - Coverage 2 in or This extension of coverage applies to each building
on an "aircraft" owned, leased, or operated by or for described in the "Declarations".
you or in or on an "aircraft" of a common or contract The deductible does not apply to this extension.
carrier. The "loss" must be caused by fire; lightning;
30. Heating and Air Conditioning Equipment. Busi
flood; earthquake; landslide; windstorm; theft; rob ness Personal Property and Personal Property of Oth
bery; or crashing of the "aircraft". ers - Coverage 2 is extended to cover heating or air
This extension applies anywhere in the world. conditioning equipment which is in your care, custo
28. Transportation. We will pay up to $25,000 for dy, or control and for which you are contractually re
"loss" to Business Personal Property and Personal sponsible. The heating and air conditioning equip
Property of Others - Coverage 2 in or on a vehicle ment must be permanently attached to the building on
owned, leased, or operated by or for you; in or on a the premises described in the "Declarations".
vehicle of a common or contract carrier; or on a dock, We will pay up to $20,000 for any one "loss" caused
pier, bulkhead, platform, or station while in the cus by a peril insured against to heating and air condi
tody of a common or contract carrier. The "loss" must tioning equipment.
be caused by fire; lightning; flood; earthquake; land
slide; windstorm; collapse of bridge, dock, or culvert; This extension of coverage applies to each building
theft; "robbery"; or collision (excluding roadbed col- described in the "Declarations".
Electro^Ca^ Fffi¥05®-ov©rturn5?2 JransEWPUAN^cfeV 20 932204 / Confirmation Nbr. 1993170 / CLMRB
27
31. Laptop Computers Off-Premises. We will pay up 1) Legal and Forensic Information Technology Ser
to $10,000 for laptops, notebooks, and other vices - We will pay your necessary and reasona
handheld computers for "loss" caused by a peril in ble costs for the following outside professional
sured against, other than an "accident" or "electronic services:
circuitry impairment" to "covered property" as pro
a) Legal Services - Professional legal counsel
vided in Section IV - Additional Coverages - D.
review of the "personal data breach" and
Equipment Breakdown Coverage while in transit,
how you should best respond to it.
temporarily at your home, or at a premise you do not
own, lease, or occupy. We will only cover laptops, b) Forensic Information Technology Services -
notebooks, and handheld computers while in the Professional information technologies re
United States of America, its territories or posses view, if needed, to determine the nature and
sions, Puerto Rico, or Canada. extent of the "personal data breach", and the
32. Data Breach Response Expenses. We will pay up number and identities of the "affected indi
to $10,000 for Data Breach Response Expenses if viduals".
you have a "personal data breach" that is: 2) Notification to Affected Individuals - We will
a. First discovered by you during the policy pe pay your necessary and reasonable costs to pro
riod; vide notification of the "personal data breach" to
b. Reported to us within 30 days from the date it "affected individuals".
is first discovered by you; and
3) Services to Affected Individuals - We will pay
c. The "personal data breach" takes place in the your necessary and reasonable costs to provide
"coverage territory". the following services to "affected individuals":
This $10,000 limit of insurance is the most we will a) Informational Materials - A packet of loss
pay for the sum of all costs covered by Data Breach prevention and customer support infor
Response Expenses under Paragraph A. Data Breach mation is available.
Response Expenses - What is Covered, because of b) Help Line - A toll-free telephone line for
all "personal data breaches" occurring during the pol "affected individuals" with questions about
icy period. the "personal data breach" or wanting to re
quest additional services as listed in Para
We will pay up to $5,000 for the sum of all costs
graphs c) and d) below.
covered under Paragraph A.1) Legal Services and Fo
rensic Information Technology Services because of c) Monitoring Services - An electronic service
all "personal data breaches" occurring during the pol automatically monitoring for activities af
icy period. This sublimit is part of, and not in addi fecting an individual's credit files, public
tion to, the $10,000 limit of insurance for Data records, and/or criminal records. Monitor
Breach Response Expenses. ing Services are subject to the type of data
released and to the "affected individuals" en
These limits apply regardless of the number of "per rolled for this service with the designated
sonal data breaches" occurring during the policy pe service provider.
riod. d) Identity Restoration Case Management -
A "personal data breach" may first be discovered by This covers the services of an identity resto
you in one policy period, but it may result in cause ration professional. This professional will
covered costs in one or more subsequent policy peri help the "affected individual" to recover
ods. If so, the most we will pay for covered costs control over their personal identity. This in
arising from such "personal data breach" is $10,000. cludes, with the permission and cooperation
of the "affected individual", contacting au
Coverage for Services to Affected Individuals pro thorities, credit bureaus, creditors, and busi
vided under Paragraph A.3), is limited to costs to nesses for the process of correcting credit,
provide such services for a period of up to one year other records, and accounts, within the con
from the date of the notification to the "affected indi straints of what is possible and reasonable,
viduals". Notwithstanding, coverage for Identity to restore control over their personal identity
Restoration Case Management Services initiated
within such one year period may continue for a peri B. Exclusions
od of up to one year from the date such Identity Res We do not cover any costs for a "personal data breach"
toration Case Management Services are initiated. arising from the following:
The deductible does not apply to this extension. 1) Your intentional or willful complicity in a "personal
EieAtroDatayBreachtRf4p®ns?iEs25:n co -MWNr Ccvwb32204 / ConfirMOn#
1993170 / CLMRB
28
2) Any criminal; fraudulent; dishonest act, error, or systems, and hard copy files, electronic me
omission; or any intentional or knowing violation of dia, handheld devices, and storage devices;
the law by you.
b) Providing and maintaining appropriate com
3) Any "personal data breach" occurring prior to the puter, network, and Internet security;
time when Data Breach Response Expenses coverage c) Maintaining and updating at appropriate in
was added to the Ultrapack Plus Commercial Proper tervals back-ups of computer data;
ty Coverage Part regardless of when the first "per d) Protecting transactions, such as using en
sonal data breach" was discovered by you. cryption when processing credit card, debit
card, and check payments;
4) Any third party liability or defense costs.
e) Appropriate disposal of files containing
5) Costs to research any deficiency, except as specifical "personally identifying information", includ
ly provided under Paragraph A. 1)b) Forensic Infor ing shredding hard copy files and destroying
mation Technology Services. This includes, but is not physical media used to store "electronic da
limited to, any deficiency in your systems, proce ta"; and
dures, or physical security that may have contributed f) Providing appropriate security awareness
to a "personal data breach". training on your physical, electronic, and
6) Costs to correct any deficiency in your systems, pro procedural security measures.
cedures, or physical security that may have contribut 3) Legal Advice - The services provided under this
ed to a "personal data breach". Data Breach Response Expenses coverage are
not legal recommendations for action. Our de
7) Any fines or penalties including, but not limited to,
fees or surcharges from affected financial institutions. termination of what is, or is not covered under
this coverage does not represent legal advice or
8) Any costs arising out of criminal investigations or counsel from us about what action you should,
proceedings. or should not do.
9) Any threat, extortion, or blackmail including, but not 4) Pre-Notification Consultation - You agree to
limited to, ransom payments and private security as consult with us prior to issuing any notification
sistance. to "affected individuals". We assume no re
sponsibility under this Data Breach Response
10) Any virus or other "malicious code" that is or be
comes named and recognized by the CERT Coordi Expenses coverage for any services promised to
nation Center, McAfee, Secunia, Symantec, or other "affected individuals" without our prior agree
comparable third party monitors of malicious code ment. If possible, this pre-notification consulta
activity. tion will also include the designated service
provider(s) as agreed to under the Service Pro
11) Your reckless disregard for the security of "personal viders Condition. You must provide the follow
ly identifying information" in your care, custody, or ing at our pre-notification consultation with
control. you:
12) Your purposeful off-shoring of the processing, stor a) Information about the "personal data
age, or other use of data containing "personally iden breach" that may appropriately be com
tifying information" to a jurisdiction outside of the
municated with "affected individuals";
"coverage territory". and
C. Additional Conditions b) The scope of services that you desire for
1) Bankruptcy or Insolvency - Bankruptcy or in the "affected individuals". For example,
solvency of you or your estate will not relieve coverage may be structured to provide
us of our obligations under this Data Breach fewer services in order to make those
Response Expenses coverage. services available to more "affected indi
viduals" without exceeding the available
2) Due Diligence - You agree to use due diligence Data Breach Response Expenses cover
to prevent and mitigate costs covered under this age limit.
Data Breach Response Expenses coverage. This
5) Service Providers
includes, but is not limited to, complying with
reasonable and industry-accepted protocols for a) We will only pay under this Data Breach
the following: Response Expenses coverage for services
a) Providing and maintaining appropriate phys that are provided by service providers ap
ical security for your premises, computer proved by us. Approval of an alternate ven-
29
dor must be obtained prior to the consulta d) You will have a direct relationship with the pro
tion process. We will only pay reasonable fessional service firms paid for in whole or in part
and customary charges associated with ser under this coverage. Those firms work for you.
vices covered under this Data Breach Re
sponse Expenses coverage provided by an 7) Time Limits
alternate vendor. a) You must report a "personal data breach" to us
within 30 days of your discovery of the "personal
b) Prior to the pre-notification consultation de data breach".
scribed in the Pre-Notification Consultation
Condition, you must come to an agreement b) You have up to one year from the date of report
with us regarding the service provider(s) to ing a "personal data breach" to initiate the ser
be used for the Notification to Affected In vices provided for you.
dividuals and Services to Affected Individu
c) An "affected individual" has up to one year from
als as described in Paragraph A. Data
the date the notification is received of a "personal
Breach Response Expenses - What is
data breach" to initiate the credit report monitor
Covered, Paragraphs 2) and 3). We will
suggest a service provider. If you prefer to ing services provided.
use an alternate service provider, our cover Once initiated the credit monitoring services will
age is subject to the following limitations: continue to be provided to that person for two
i. Such alternate service provider(s) must years.
be approved by us prior to the consulta d) Credit Report Monitoring and Identity Restoration
tion process; Case Management Services will be provided by
our Designated Service Provider for a period of
ii. Our payment for services provided by
any alternate service provider will not 12 consecutive months from the inception of the
Credit Report Monitoring and Identity Restoration
exceed the amount that we would have
paid using the service provider we had Case Management Services.
suggested; and 8) Additional Duties After a Personal Data Breach - In
iii. Such alternate service provider must case of a covered "personal data breach", you must
perform the following duties:
provide services that are reasonably
equivalent or superior in both kind and a) Give us prompt notice of the "personal data
quality to the services that would have breach". As stated in the Time Limits condition,
been provided by the service provider you must report the "personal data breach" to us
we had suggested. within 60 days of "your" discovery.
c) We will only pay for Legal Services under this b) Take all reasonable steps to protect "personally
Data Breach Response Expenses coverage from identifying information" remaining in your care,
licensed legal counsel. custody, or control.
6) Services - The following conditions apply regarding c) Preserve all evidence of the "personal data
any services provided to you or any "affected indi breach".
vidual" by us, our designees, or any service firm paid
for in whole or in part under this Data Breach Re d) Permit us to inspect the property and records
sponse Expenses coverage: proving the "personal data breach".
a) The effectiveness of such services depends on e) Send us, within 60 days after the "personal data
your cooperation and assistance; breach", your signed and sworn proof of loss
statement which includes:
b) All services may not be available or applicable to
all "affected individuals". For example, "affected i. Time and cause of the "personal data breach";
individuals" who are minors or foreign nationals
ii. Other policies which may cover the "personal
may not have credit records that can be provided
or monitored. Service in Canada will be different data breach";
from service in the United States and Puerto Rico iii. The method of the "personal data breach";
in accordance with local conditions;
iv. The approximate number of "affected indi
c) We cannot guarantee, after our vendor has pro viduals" as a result of the "personal data
vided the applicable services, that the problems breach";
associated with the covered "personal data
ElectronicdureFflhd wilt)43d0Siin!at2d;/anOMPLAINT I CV 20 932204 I Confirmation Nbr. 1993170 I CLMRB
30
v. A detailed description of the type and nature co, or Canada with a valid Social Security Number
of the information that was compromised; (SSN) or Social Insurance Number (SIN).
vi. Whether or not the information was encrypt • "Malicious code" means any loss of data that results
ed and if so, the level of encryption; from a worm, virus, Trojan, BOT, or other piece of
vii. Whether or not law enforcement has been no computer code, software, spyware, or malware that is
used to collect, destroy, alter, retrieve, or affect com
tified; puter software and/or data on a computer system,
viii. If available, the states in which the "affected network, storage device, Smartphone, or other pe
individuals" are domiciled; and ripheral device; and on the date the "personal data
breach" occurred is named and recognized by the
ix. If available who received the "personally CERT Coordination Center or any other industry ac
identifying information" as a result of the
ceptable third party antivirus, antimalware, or other
"personal data breach".
solution that monitors malicious code activity.
D. Additional Data Breach Definitions • "Personal data breach" means the loss, theft, acci
• "Affected Individual" means any person who is your dental release, or accidental publication of "personal
current, former, or prospective customer, client, mem ly identifying information" regarding one or more
ber, director, or employee and whose "personally iden "affected individual(s)", if such loss, theft, accidental
tifying information" is lost, stolen, accidentally re release, or accidental publication has or could rea
leased, or accidentally published by a "personal data sonably result in the fraudulent use of such infor
breach" covered under this Extension of Coverage. mation. This definition is subject to the following
This definition is subject to the following provisions: provisions:
1. "Affected individual" does not include any busi 1. At the time of the loss, theft, accidental release,
ness or organization. Only an individual person or accidental publication, the "personally identi
may be an "affected individual". fying information" must be in your direct care,
custody, or control.
2. An "affected individual" must have a direct rela
tionship with your interests as an insured under this 2. "Personal data breach" includes disposal or
policy. The following are examples of individuals abandonment of "personally identifying infor
who would not meet this requirement: mation" without appropriate safeguards such as
shredding or destruction, subject to the following
a. If you aggregate or sell information about indi provisions:
viduals as part of your business, the individuals
about whom you keep such information do not a. Your failure to use appropriate safeguards
qualify as "affected individuals". However, spe must be accidental and not reckless or delib
cific individuals may qualify as "affected indi erate; and
viduals" for another reason, such as being an
b. Such disposal or abandonment must take
employee of yours.
place during the time period for which this
b. If you store, process, transmit, or transport rec Data Breach Response Expenses coverage is
ords, the individual whose "personally identify effective.
ing information" you are storing, processing,
3. "Personal data breach" includes situations where
transmitting, or transporting for another entity do
there is a reasonable cause to suspect that such
not qualify as "affected individuals". However,
"personally identifying information" has been
specific individuals may qualify as "affected in
lost, stolen, accidentally released, or accidentally
dividuals" for another reason, such as being an
published, even if there is no firm proof.
employee of yours.
c. You may have operations, interests, or properties All "personal data breach" that are discovered at the
same time or arise from the same cause will be con
that are not insured under this policy. Individuals
sidered one "personal data breach".
who have a relationship with you through such
other operations, interests, or properties do not "Personally identifying information" means information
qualify as "affected individuals". However, spe that could be used to commit fraud or other illegal activity
cific individuals may qualify as "affected indi involving the credit or identity of an "affected individual".
viduals" for another reason, such as being an This includes but is not limited to, social security num
employee of yours. bers, drivers' license numbers, credit card numbers, bank
account information, or any other account numbers corre
3. An "affected individual" may reside anywhere in the
lated with names and addresses.
world but must be a citizen or legal alien of the Unit-
ElectroieiC<8iytiese(<its)ffi'0i4tQ0i20 ;tnc25osCOrtRMINucm\R20 932204 / Confirmation Nbr. 1993170 / CLMRB
31
SECTION IX - WHEN AND WHERE THIS POLICY AP a. Sixty (60) consecutive days after the date of the phys
PLIES ical "loss" or damage; or
1. When b. The period beginning with the date of direct physical

"loss" or damage to repair, rebuild, or replace, with
This policy applies to losses that occur during the policy reasonable speed and similar quality, other property
period. Unless otherwise specified in the "Declarations",
at the insured premises due to "loss" caused by the
"Renewal Certificate", "Amended Declarations", "Re
vised Declarations", or endorsement, the policy period same occurrence.
Electronic media and records mean:
begins and ends at 12:01 AM Standard Time at the stated
address of the Named Insured. An "Amended Declara a. Electronic data processing, recording, or storage me
tions" or endorsement tells you that the policy has been dia such as films, tapes, discs, drums, or cells;
changed. A "Renewal Certificate" tells you that the policy b. Data stored on such media; or
is being renewed for another policy period. c. Programming records used for electronic data pro
2. Where cessing or electronically controlled equipment.
The United States, its territories and possessions, Puerto
This condition does not apply to "extra expense".
Rico, and Canada.
5. LOSS PAYMENT
SECTION X - COMMERCIAL PROPERTY CONDI We will adjust all "losses" with you. We will pay you un
TIONS less some other person is named in the policy or is legally
entitled to receive payment. We will not pay you more
1. ABANDONMENT OF PROPERTY than your financial interest in the covered property.
We will not accept abandoned property.
"Loss" will be payable 30 days after we receive your
2. APPRAISAL proof of "loss" if you have complied with all the terms of
If you and we fail to agree on the amount of "loss", either this coverage part and one of the following has been done:
party may make written demand for an appraisal. Each a. We have reached an agreement with you;
party will select an appraiser and notify the other of the b. There is an entry of final judgment; or
appraiser's identity within 20 days after the demand is re
c. There is a filing of an appraisal award on your behalf.
ceived. The appraisers will select a competent and impar
tial umpire. If the appraisers are unable to agree upon an We have the option to:
umpire within 15 days after both appraisers have been a. Pay the value of that part of the damaged property;
identified, you or we can ask a judge of a court of record
b. Pay the cost to repair or replace that part of the dam
in the state where your principal office is located to select aged property, but this does not include the increased
an umpire. cost of construction due to enforcement of or compli
The appraisers shall then set the amount of "loss". If the ance with any ordinance or law regulating the con
appraisers submit a written report of an agreement to us, struction or repair of the damaged building;
the amount agreed upon shall be the amount of "loss". If c. Take all or part of the damaged property at an agreed
they cannot agree, they will submit their differences to the or appraised value; or
umpire. A written award by two will determine the
d. Repair or replace that part of the damaged property
amount of "loss". with material of like kind and quality, but this does
Each party will pay the appraiser it chooses and equally
not include the increased cost of construction due to
bear expenses of the appraisal. However, if the written
any ordinance or law regulating the construction or
demand for appraisal is made by us, we will pay for the repair of the damaged building.
reasonable cost of your appraiser and your share of the
We will not pay more than the amount of insurance
cost of the umpire.
shown in the "Declarations" applicable to the dam
We will not be held to have waived any rights by any act
aged or destroyed property.
relating to appraisal.
Pennsylvania only:
3. DIVISIBLE CONTRACT
We must give the insured notice of our intent to re
The breach of a policy condition in one building or loca pair or replace within 15 working days after we re
tion will have no effect on the coverage on another where ceive your sworn proof of loss.
no breach exists.
6. MORTGAGEE
4. LIMITATION - ELECTRONIC MEDIA AND REC
"Loss" shall be payable to mortgagees named in the "Dec
ORDS
larations", to the extent of their interest and in the order of
We will not pay for any loss of "income" or "rental in precedence.
come" caused by direct physical damage to electronic
Our Duties
EiditeOitacaid »dfstinger /’Com PLAINT / CV 20 932204 / Confirmation Nbr. 1993170 / CLMRB
32
We will: In case of disagreement with the property owner, we will
a. Protect the mortgagee's interest in an insured build conduct the defense on your behalf at our expense.
ing. This protection will not be invalidated by any act 10. PROTECTIVE SAFEGUARDS
or neglect of the insured, any breach of warranty, in You must maintain, as far as is within your control, any
crease in hazard, change of ownership, or foreclosure
protective safeguards shown in the "Declarations". Failure
if the mortgagee has no knowledge of these condi
to do so will suspend the coverage of this policy at the af
tions; or
fected location. Coverage will not be suspended if you no
b. Give the mortgagee 30 days notice before cancella tify us immediately when the system is not in operation
tion or refusal to renew this policy. because of repairs or maintenance and you comply with
our requests and directions at that time.
Mortgagee's Duties
The mortgagee will: 11. RECORDS
You must keep proper records so that we can accurately
a. Furnish proof of "loss" within 60 days if you fail to
do so; determine the amount of "loss".
b. Pay upon demand any premium due if you fail to do 12. RECOVERIES
so; If either you or we recover any property after settlement,
c. Notify us of any change in ownership or occupancy that party must notify the other. Expenses of recovery will
or any increase in hazard of which the mortgagee has be deducted from the value of the property. The balance
knowledge; of the proceeds will be divided according to your and our
interests.
d. Give us his or her right of recovery against any party
liable for "loss". This shall not impair the right of the At your option, the recovered property will be returned to
you. You must then return to us the amount we paid to
mortgagee to recover the full amount of the mortgage
debt; and you for the property. We will pay the expenses of the re
covery and the expenses to repair the recovered property,
e. After a "loss", permit us to satisfy the mortgage re
quirements and receive full transfer of the mortgage up to the Limit of Insurance.
and all "securities" held as collateral to the mortgage 13. REPLACEMENT COST COVERAGE
debt. After a covered "loss" to your Building(s) - Coverage 1 or
Policy conditions relating to APPRAISAL, LOSS Business Personal Property or Personal Property of Oth
PAYMENT, and SUITS AGAINST US apply to the ers - Coverage 2, our payment will be on a replacement
mortgagee. cost basis, instead of an actual cash value basis, thereby
This mortgagee interest provision shall apply to any trus eliminating deduction for depreciation. Payment will not
tee or loss payee named in the "Declarations". exceed the Limit of Insurance shown in the "Declara
7. NO BENEFIT TO BAILEE tions".
No bailee shall benefit, directly or indirectly, from this in We will not pay replacement cost until the damaged or
destroyed property is actually repaired or replaced. Re
surance.
pairs or replacement must be made as soon as practicable.
8. OTHER INSURANCE
You may have other insurance subject to the same plan, We will pay the smaller of the following:
terms, conditions, and provisions as insurance under this a. The amount of insurance applicable to the damaged
Coverage Part. If you do, we will pay our share of the or destroyed property;
covered loss or damage. Our share is the proportion that b. The cost of replacement on the same premises with
the applicable Limit of Insurance under this Coverage material of like kind and quality and intended for the
Part bears to the Limits of Insurance of all insurance cov
same use; or
ered on the same basis. c. The amount actually spent in repairing or replacing
If there is other insurance covering the same loss or dam the property.
age, other than that described in the paragraph above, we In order to obtain replacement cost on Business Per
will pay only for the amount of covered loss or damage in sonal Property or Personal Property of Others - Cov
excess of the amount due from the other insurance,
erage 2, the amount of insurance shown in the "Dec
whether you can collect on it or not. But we will not pay
larations" for Business Personal Property or Personal
more than the applicable Limit of Insurance. Property of Others - Coverage 2 must be 100% or
9. PROPERTY OF OTHERS more of your average monthly values for the last 12
If we are called upon to pay a "loss" for property of oth months preceding the date of "loss". In the event you
ers, we reserve the right to adjust the "loss" with the own have been in business for less than 12 months, the
er. If we pay the owner, such payments will satisfy your average monthly value will be based on the shorter
EigcteimfcaBydPBfe uf4igco0riier*2jpiiop€rt3P laint / cv 20 932204 / confiSmStO/Ni bP.'I'g93170 / clmrb
33
We will not pay for "loss" on a replacement cost ba We may not be sued unless there is full compliance
sis: with all the terms of this policy. Suit must be brought
a. Due to any ordinance or law regulating the con within 2 years (Maryland and North Carolina - 3
struction or repair of buildings; years) after the "loss" occurs.
b. To stock (raw, in process, or finished) or mer 16. VACANCY AND UNOCCUPANCY
chandise including materials and supplies in Property may be unoccupied without limit of time. If
connection therewith; the building at which the "loss" occurs is vacant for
c. To household furniture or apartment and dwell more than 60 consecutive days before the "loss", then
ing contents; we will:
d. To manuscripts; a. Not pay for any "loss" caused by:
e. To paintings, etchings, pictures, tapestries, statu 1) Vandalism or malicious mischief, water
ary, marbles, bronzes, antique furniture, rare damage, glass breakage, or theft; or
books, antique silver, porcelains, rare glassware, 2) Sprinkler leakage unless you have exercised
bric-a-brac, or other articles of art, rarity, or an reasonable care to protect the system against
tiquity; or freezing.
f. To obsolete property. b. Pay for other covered "losses", but we will reduce the
You may choose to accept payment on an actual cash amount of payment by 15%.
value basis. If you do choose an actual cash value ba For a tenant operated business, the building means
sis, you can still select a replacement cost basis if the the unit or suite rented or leased to the tenant. Such
building(s) or business personal property or personal building is vacant when it does not contain enough
property of others is repaired or replaced within six business personal property to conduct customary op
months of "loss". erations.
As respects "covered equipment" that sustains a For the owner of the building, the building means the
"loss" resulting from an "accident" or "electronic cir entire building. Such building is vacant unless at least
cuitry impairment: 31% of its total square footage is:
a. The amount of our payment will be based on the a. Rented to a lessee or sub-lessee and used by the
most cost-effective means to replace the func lessee or sub-lessee to conduct its customary op
tion, capacity, and remaining useful life of the erations; and/or
damaged property. This may include the use of b. Used by the building owner to conduct custom
generic, used, or reconditioned parts, equipment, ary operations.
or property. Buildings under construction or renovation are not
b. Except as described in Section X Commercial considered vacant or unoccupied.
Property Conditions - 4. Environmental,
17. VALUATION
Safety and Efficiency Improvements, you must
pay the extra cost of replacing damaged property We will determine the value of covered property in
with property of a better kind or quality or of a the event of "loss" to stock you have sold but not de
different size or capacity. livered. It will be valued at the selling price less any
discounts and expenses you otherwise would have
c. The most we will pay in any "one equipment
had.
breakdown" for "loss", damage, or expense is the
applicable limit of protection as set forth in the 18. YOUR DUTIES AFTER A LOSS
"Declarations". In case of a covered "loss", you must perform the fol
14. RESUMPTION OF YOUR BUSINESS lowing duties:
a. Give us or our Agent immediate notice. If a crime
We will reduce the amount of your:
"loss", also notify the police (except Virginia);
a. Income protection loss, other than "extra expense", to
the extent that you can resume your business, in b. Protect the property from further damage. If neces
whole or in part, by using damaged or undamaged sary for property protection, make reasonable repairs
property (including business personal property) at the and keep a record of all repair costs;
premises described in the "Declarations" or else c. Furnish a complete inventory of damaged property
where. stating its original cost. At our request, furnish a
b. "Extra expense" loss to the extent you can return your complete inventory of undamaged property stating its
business to normal and discontinue such "extra ex original cost. If a "loss" is both less than $10,000 and
pense". less than 5% of the amount of insurance, no special
inventory and appraisal of the undamaged property
15. SUITS AGAINST US . „.
Electronically Filed 05/04/2020 15:25 / COMPLAINT / CV 20 932204 / ConfirmildieNequiredS 170 / CLMRB
34
d. Produce for examination, with permission to copy, all None of the following is an "accident"
books of accounts, bills, invoices, receipts, and other 1. Defect, programming error, programming limitation,
vouchers as we may reasonably require; computer virus, malicious code, loss of "data", loss of
e. Show us or our representative the damaged property, electronic data, access, loss of use, loss of functional
as often as may be reasonably required; ity or other condition within or involving "data" or
f. Cooperate with us in our investigation of a "loss" and "media" of any kind; or
any suits; 2. Misalignment, miscalibration, tripping off-line, or
g. Separately submit to examinations under oath and any condition which can be corrected by resetting,
tightening, adjusting or cleaning, or by the perfor
sign a transcript of the same;
mance of maintenance.
h. Send us, within 90 days after the "loss", your signed
However, if an "accident" results, we will pay for the re
and sworn proof of loss statement which includes:
sulting "loss", damage or expense caused by that "acci
1) Time and cause of "loss"; dent"
2) Your interest in the property and the interest "Aircraft" means any machine or device capable of at
of all others involved; mospheric flight except model airplanes.
3) Any encumbrances on the property; "Automobile" means a land motor vehicle, trailer, or
4) Other policies which may cover the "loss"; semi-trailer designed for travel on public roads (including
5) Any changes in title, use, occupancy, or pos any attached machinery or equipment), but does not in
session of the property which occurred dur clude "mobile equipment".
ing the policy term; "Burglary" means the taking of business personal property
6) When required by us any plans, specifica and personal property of others from inside the premises
tions, and estimates for the repair of the described in the "Declarations" by a person unlawfully
damaged building; and entering or exiting the premises as evidenced by visible
marks of forcible entry or exit. It includes "loss" to the
7) The inventory of damaged property as pre
building and its equipment resulting from "burglary" or
pared in c. above;
attempted "burglary".
i. In addition to the other conditions under Income
"Buried vessels or piping" means any piping or vessel
Protection - Coverage 3, make necessary replace
ments or repairs and use all available means to elimi buried or encased in the earth, concrete, or other material,
nate any unnecessary delay in order to resume opera whether above or below grade, or in an enclosure which
tions as soon as possible; does not allow access for inspection and repair.
j. Agree to help us enforce any right of recovery against "Cloud computing services" means professional, on-
any party liable for "loss" under this policy. This will demand, self-service data storage or data processing ser
not apply if you have waived recovery rights in writ vices provided through the Internet or over telecommuni
cations lines. This includes services known as IaaS (in-
ing prior to a "loss".
frastucture as a service), PaaS (platform as a service),
SECTION XI - DEFINITIONS SaaS (software as a service) and NaaS (network as a ser
• "Accident" means a fortuitous event that causes direct vice). This includes business models known as public
physical damage to "covered equipment". The event must clouds, community clouds, and hybrid clouds. "Cloud
be one of the following: computing services" include private clouds if such ser
vices are owned and operated by a third party.
1. Mechanical breakdown, including rupture or bursting
caused by centrifugal force; "Covered equipment" means covered property:
2. Artificially generated electrical current, including 1. That generates, transmits, or utilizes energy;; or
electrical arcing, that disturbs electrical devices, ap 2. Which, during normal usage, operates under vacuum
pliances, or wires; or pressure, other than weight of its contents.
3. Explosion of steam boilers, steam piping, steam en
"Covered equipment" may utilize conventional design and
gines, or steam turbines owned or leased by you or
technology or new or newly commercialized design and
operated under your control;
technology.
4. "Loss" or damage to steam boilers, steam pipes,
steam engines, or steam turbines caused by or result None of the following is "covered equipment":
ing from any condition or event inside such equip 1. Insulating or refractory material;
ment; 2. Buried vessel or piping, sewer piping, or piping
5. "Loss" or damage to hot water boilers or other water forming a part of a fire protection system;
heating equipment caused by or resulting from any
condition or event inside such boilers or equipment.
35
3. Water piping that is not part of a closed loop used to troduced, or networked within the prior 30
conduct heat or cooling from a boiler or a refrigera days; or
tion or air conditioning system; 2) Insufficient size, capability, or capacity of
4. Structure, foundation, cabinet, or compartment the "covered equipment".
c. Exposure to adverse environmental conditions,
5. Dragline, excavation, or construction equipment;
including but not limited to change in tempera
6. "Vehicle" or any equipment mounted on a "vehicle" ture or humidity, unless such conditions result in
as respects Section IV - Additional Coverages - D. an observable loss of functionality. Loss of war
Equipment Breakdown Coverage means any ma ranty shall not be considered an observable loss
chine or apparatus that is used for transportation or of functionality.
moves under its own power. "Vehicle" includes, but
"Electronic data" means information, facts, or computer
is not limited to: car, truck, bus, trailer, train, "air
programs stored as or on, created or used on, or transmit
craft", watercraft, forklift, bulldozer, tractor, or har ted to or from computer software (including systems and
vester.
applications software), on hard or floppy disks, CD-
However, any property that is stationary, permanent ROMs, DVDs, tapes, drives, cells, data processing devic
ly installed at a covered location, and that receives es, or any other repositories of computer software which
electrical power from an external power source will are used with electronically controlled equipment. The
not be considered a "vehicle"; term computer programs, referred to in the foregoing de
7. Satellite, spacecraft, or any equipment mounted on a scription of "electronic data", means a set of related elec
satellite or spacecraft; or tronic instructions which direct the operations and func
8. Equipment manufactured by you for sale. tions of a computer or device connected to it, which ena
ble the computer or device to receive, process, store, re
"Declarations", "Amended Declarations", "Revised Dec
trieve, or send data. This paragraph does not apply to your
larations", and "Renewal Certificate" means the form
stock of prepackaged software.
which shows your coverages, limits of protection, premi
um charges, and other information. This form is part of • "Extra expense" means the necessary expenses incurred
your policy. by you during the "interruption of business" that would
not have been incurred if there had been no direct "loss"
"Electronic circuitry" means microelectronic components,
to covered property caused by a peril insured against.
including but not limited to circuit boards, integrated cir
cuits, computer chips, and disk drives. • "Fungus" means any type or form of "fungus", including
mold or mildew and any mycotoxins, spores, scents, or
"Electronic circuitry impairment" means a fortuitous
by-products produced or released by "fungi".
event involving "electronic circuitry" within "covered
equipment" that causes the "covered equipment" to sud- • "Hazardous substance" means any substance that is haz
denly lose its ability to function as it had been functioning ardous to health or has been declared to be hazardous to
immediately before such event. This definition is subject health by a governmental agency.
to the conditions specified in 1., 2., and 3. Below. • "Income" means the sum of net income (net profit or loss
1. We shall determine that the reasonable and appropri before income taxes) that would have been earned or in
ate remedy to restore such "covered equipment's" curred and necessary continuing operating expenses in
ability to function is the replacement of one or more curred by the business such as payroll expenses, taxes, in
"electronic circuitry" components of the "covered terests, and rents.
equipment". • "Interruption of business" means the period of time that
2. The "covered equipment" must be owned or leased your business is partially or totally suspended and it:
by you, or operated under your control.
1. Begins with the date of direct "loss" to covered prop
3. None of the following is an "electronic circuitry im
erty caused by a peril insured against; and
pairment":
a. Any condition that can be reasonably remedied 2. Ends on the date when the covered property should
by: be repaired, rebuilt, or replaced with reasonable
1) Normal maintenance, including but not lim speed and similar quality.
ited to replacing expendable parts, recharg- • "Loss" means direct and accidental loss of or damage to
ing batteries, or cleaning; covered property.
2) Rebooting , reloading, or updating software , "Media" means material on which "data" is recorded such
or firmware; or as solid state drives, hard disks, optical disks, flash drives,
3) Providing necessary power or supply. magnetic tapes, or floppy disks.
b. Any condition caused by or related to:
1) Incompatibility of the "covered equipment" * "Mobile equipment" means any of the following types of
with any software or equipment installed, inland vehicles (including any attached machinery or
Electronically Filed 05/04/2020 15:25 / COMPLAINT / CV 20 932204 / c SMMV Nbr. 1993170 / CLMRB
36
1. Bulldozers, farm machinery, forklifts, and other vehi "Money'" does not include crypto-currencies such as
cles designed for use principally off public roads; Bitcoin.
2. Vehicles maintained for use solely on or next to • "One equipment breakdown" means if an initial "acci
premises you own or rent; dent" or "electrical circuitry impairment" causes other
3. Vehicles that travel on crawler treads; "accidents" or "electronic circuitry impairments", all will
be considered "one equipment breakdown". All "acci
4. Vehicles, whether self-propelled or not, maintained
dents" or "electronic circuitry impairments" that are the
primarily to provide mobility to permanently mount
ed: result of the same "accident" or "electronic circuitry im
pairment" will be considered "one equipment break
a. Power cranes, shovels, loaders, diggers, or drills;
down".
or "Pollutants" mean any solid, liquid, gaseous, or thermal
b. Road construction or resurfacing equipment such
irritant or contaminant, including smoke, vapor, soot,
as graders, scrapers, or rollers; fumes, acids, alkalis, chemicals, and waste. Waste in
5. Vehicles not described in 1., 2., 3., or 4. above that cludes materials to be recycled, reconditioned, or re
are not self-propelled and are maintained primarily to claimed.
provide mobility to permanently attached equipment e "Rental income" means:
of the following types:
1. The rents from the tenant occupancy of the premises
a. Air compressors, pumps, and generators, includ
ing spraying, welding, building cleaning, geo
2. Continuing operating expenses incurred by the busi
physical exploration, lighting, and well servicing
equipment; or ness such as:
b. Cherry pickers and similar devices used to raise a. Payroll; and
or lower workers; b. All expenses for which the tenant is legally re
sponsible and for which you would otherwise be
6. Vehicles not described in 1., 2., 3., or 4. above main
tained primarily for purposes other than the transpor responsible;
tation of persons or cargo. However, self-propelled 3. Rental value of the property described in the "Decla
vehicles with the following types of permanently at rations" and occupied by you; or
tached equipment are not "mobile equipment" but are 4. Incidental income received from coin-operated laun
considered "automobiles":
dries, hall rentals, or other facilities on the premises
a. Equipment designed primarily for: described in the "Declarations".
1) Snow removal; • "Robbery" means the taking of business personal property
2) Road maintenance, but not construction or and personal property of others from the care, custody,
resurfacing; or and control of a person by one who has:
1. Caused or threatened to cause that person bodily
3) Street cleaning;
b. Cherry pickers and similar devices mounted on harm; or
an "automobile" or truck chassis and used to 2. Committed an obviously unlawful act witnessed by
raise or lower workers; and that person.
c. Air compressors, pumps, and generators, includ- • "Securities" means negotiable and non-negotiable instru
ing spraying, welding, building cleaning, geo ments or contracts representing either "money" or other
physical exploration, lighting, and well servicing property and includes:
equipment. 1. Tokens, tickets including lottery tickets, food stamps,
revenue, and other stamps (whether represented by
• "Money" means:
1. Currency, coins, and bank notes in current use and actual stamps or unused value in a meter) in current
use; and
having a face value; and
2. Evidences of debt issued in connection with credit or
2. Travelers checks, register checks, credit card slips,
charge cards not issued by you.
and money orders held for sale.
"Securities" does not include "money".
37

Valerio's Complaint

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Valerio's Complaint

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NAILAH K.

Court of Common Pleas

AMENDED COMPLAINT $75

By: JONATHAN MESTER 0069865

Confirmation Nbr. 1993170

VALERIO'S INC. CV 20 932204

Pages Filed: 152

VALERIO’S, INC., individually and on ) CASE NO. CV 20 932204

Cleveland, Ohio 44106 )

Insurance Exchange, and in support state as follows:

1. Plaintiff Valerio’s, Inc., is an Ohio corporation that does business as Valerio’s

3. Defendant Erie Insurance Exchange (“Erie”) is a Pennsylvania-domiciled reciprocal

insurer that is in the business of providing property and casualty insurance.

that prohibits access” to the insured property.

authority that prohibits access” to the insured property.

within and on other premises in the immediate vicinity.

survive on inanimate surfaces for as long as four to five days.

of the order is attached as Exhibit D.

to the statutory authority vested in her under R.C. § 3701.13.

property and properties within close proximity.

of the prohibition on business activities and any necessary period of restoration.

been claimed. A copy of the denial letter is attached as Exhibit E.

PK-00-01 (Ed. 9/18) is attached as Exhibit I.

00-01 at issue, SECTION II - PERILS INSURED AGAINST provides as follows:

Covered Cause of Loss

of their policies. Nothing in Erie’s policies, however, excludes virus coverage.

FACTS COMMON TO ALL CLASS MEMBERS

within and on other premises in the immediate vicinity.

that prohibit or limit access to their premises on that basis.

other premises in the immediate vicinity.

individually and on behalf of all others similarly situated.

All persons and entities in Ohio insured under a commercial

B. Numerosity (Civ. R. 23(A)(1))

ones it issued to Valerio’s and The Fairmount to businesses located in Ohio.

of affected individuals and businesses.

C. Commonality and Typicality (Civ. R. 23(A)(2) and Civ. R. 23(A)(3))

representative parties are typical of the claims or defenses of the Class.

a. Whether, as a result of the COVID-19 Pandemic and/or the SARS-CoV-2

d. Whether Governor DeWine’s declaration of a state of emergency and Dr.

D. Adequacy of Representation (Civ. R. 23(A)(4))

conduct on the part of Erie.

unfairly charged duplicative premiums for uninsured/underinsured motorist coverage. See

wronged by the respective defendants’ conduct.

E. Risk of Inconsistent or Varying Adjudications (Civ. R. 23(B)(1))

declaratory relief is appropriate respecting the Class as a whole.

G. Predominance and Superiority (Civ. R. 23(B)(3))

a. Class members’ interest in individually controlling the prosecution of

42. The preceding paragraphs are fully incorporated herein.

result of a covered loss.

satisfied all conditions precedent to recovering under those policies.

applicable policy exclusion.

subject to any applicable policy exclusion.

will continue to sustain, damages in an amount to be determined at trial.

49. The preceding paragraphs are fully incorporated herein.

parties for purposes of Chapter 2721 of the Ohio Revised Code.

of the other class members, prays for the following:

a. Entering an order certifying the proposed statewide Class, as requested herein,

b. Judgment in favor of Plaintiffs and members of the Class on Count I in an amount

d. Costs, including attorneys’ fees; and

Plaintiff hereby demands trial by jury on all claims so triable.

/s/ Jonathan D. Mester_______________

Attorneys for Plaintiffs and the

Ultrapack Plus Policy Declarations