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HomeMy WebLinkAboutInsurance Certificate: Pilot Rock Excavation, Inc. Client#: 172152 PILOROCK DATE(MM/DD/YYYY) ACORD.,,, CERTIFICATE OF LIABILITY INSURANCE 1 6/03/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Lauren Bauman NAME: Propel Insurance PHONE 800 499-0933 FAX 805 SW Broadway; Suite 2300 AMA L°'El): vc,No): 866 577-1326 ADDRESS: lauren-bauman@propelinsurance.com COM Construction INSURER(S)AFFORDING COVERAGE NAIC# Portland, OR 97205-3363 INSURER A:Alaska National Insurance Company 38733 INSURED INSURER B:Travelers Casualty&Surety Company 19038 Pilot Rock Excavation, Inc. INSURER C 356 Bateman Drive INSURER D: Central Point, OR 97502 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDLSUBR LTR TYPE OF INSURANCE NSR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY 25GPS13711 07/20/2025 07/20/2026 EACH OCCURRENCE $1,000,000 CLAIMS-MADE I X1 OCCUR PREMISESOEa oceu ante $100,000 X PD Ded:5,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY JECTPRO- LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY 25GAT13711 07/20/2025 07/20/202 (CEO,acccioeD SINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A X UMBRELLA LIAB X OCCUR 25GLU13711 0712012025 0712012026 EACH OCCURRENCE $5 000 000 EXCESS LIAB CLAIMS-MADE AGGREGATE s5,000,000 DED I X I RETENTION$1 O 000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ A Leased and Rented 25GIA13711 7/20/2025 07/20/2026 $100,000/$1,000 ded B Cyber 108315384 107/20/2025 07/20/2026 $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: PROJECT NO.2024-16. EAST MAIN PARK PUBLIC IMPROVEMENTS. City of Ashland, its officers,employees, and agents. Additional insured, primary and non contributory and waiver of subrogation status applies per attached forms,when required by written contract or agreement CERTIFICATE HOLDER CANCELLATION City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works/Street Department ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main Street Ashland, OR 97520 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S8042972/M7506045 AZ000 This page has been left blank intentionally. Alaska National INSURANCE COMPANY OREGON ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION (PRIMARY AND NON-CONTRIBUTORY, WHEN REQUIRED BY WRITTEN CONTRACT) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Per written contract Location(s) Of Covered Operations: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to or primary and non-contributory. In that case we will include as an additional insured the person(s) or not share with that other insurance on a pro-rata or organization(s) shown in the Schedule, but only other basis. If the other insurance available to the with respect to liability for "bodily injury", "property additional insured, whether on a primary, excess, damage" or "personal and advertising injury" contingent or any other basis, is coverage for which caused by your ongoing operations for the it has been named as an additional insured, then additional insured(s) at the location(s) designated the coverage provided by this endorsement is above and only to the extent that such "bodily excess over that other insurance. injury", "property damage" or "personal and advertising injury" is caused by your negligence or C. With respect to the insurance afforded to these the negligence of those performing operations on additional insureds, the following additional your behalf. exclusion applies: B. If other valid and collectible insurance, whether on a This insurance does not apply to "bodily injury" or primary, excess, contingent or any other basis, is "property damage" occurring after: available to the additional insured for a loss we cover under this endorsement, then the insurance 1. All work, including materials, parts or equipment provided by this endorsement is excess over that furnished in connection with such work, on the other insurance. However, the insurance provided project (other than service, maintenance or by this endorsement will be primary to other repairs) to be performed by or on behalf of the insurance on which the additional insured is a additional insured(s) at the location of the named insured for the covered loss, if the written covered operations has been completed; or contract for the covered operations contains a specific requirement that this insurance be primary ANIC GL 1095 01 09 Page 1 of 2 Alaska National INSURANCE C O M P A N Y 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective 07/20/2025 to 07/20/2026 Policy No. 25GPS13711 Insured PILOT ROCK EXCAVATION, INC. Endorsement No. 14 Countersigned By © ISO Properties, Inc., 2005 ANIC GL 1095 01 09 Page 2 of 2 Alaska National INSURANCE COMPANY OREGON ADDITIONAL INSURED—OWNERS, LESSEES OR CONTRACTORS—COMPLETED OPERATIONS (PRIMARY AND NON-CONTRIBUTORY, WHEN REQUIRED BY WRITTEN CONTRACT) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Per written contract Location And Description Of Completed Operations: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to However, the insurance provided by this include as an additional insured the person(s) or endorsement will be primary to other insurance on organization(s) shown in the Schedule, but only to which the additional insured is a named insured for the extent that the liability for "bodily injury" or the covered loss, if the written contract for this "property damage" is caused by "your work" at the location and described completed operations location designated and described in the Schedule contains a specific requirement that this insurance of this endorsement performed for that additional be primary or primary and non-contributory. In that insured and included in the "products-completed case we will not share with that other insurance on operations hazard". a pro-rata or other basis. If the other insurance available to the additional insured, whether on a B. If other valid and collectible insurance, whether on primary, excess, contingent or any other basis, is a primary, excess, contingent or any other basis, is coverage for which it has been named as an available to the additional insured for a loss we additional insured, then the coverage provided by cover under this endorsement, then the insurance this endorsement is excess over that other provided by this endorsement is excess over that insurance. other insurance This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective 07/20/2025 to 07/20/2026 Policy No. 25GPS13711 Insured PILOT ROCK EXCAVATION, INC. Endorsement No. 15 Countersigned By © ISO Properties, Inc., 2005 ANIC GL 1096 01 09 IV Alaska National INSURANCE COMPANY COMMERCIAL GENERAL LIABILITY COVERAGE ENHANCEMENT ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Various provisions in this endorsement restrict (b) Not being used to carry persons or coverage. Read the entire policy carefully to property for a charge. determine rights, duties, and what is and is not covered. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B, Paragraph 1.b. is replaced by the following: Throughout this policy, the words "you" and "your" refer to the Named Insured shown in the b. Up to $10,000 for cost of bail bonds required Declarations. The words "we", "us", and "our" refer to because of accidents or traffic law violations the company providing this insurance. arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. Other words and phrases that appear in quotation We do not have to furnish these bonds. marks have special meaning. Refer to SECTION V— DEFINITIONS in the Commercial General Liability SUPPLEMENTARY PAYMENTS—COVERAGES A Coverage Form. AND B, Paragraph 1.d. is replaced by the following: The coverages provided by this endorsement apply d. All reasonable expenses incurred by the per "occurrence" and, unless otherwise specified, are insured at our request to assist us in the subject to all of the terms, conditions, exclusions and investigation or defense of the claim or suit, deductible provisions of the policy, to which it is including actual loss of earnings up to $500 a attached. day because of time off from work. NON-OWNED WATERCRAFT AMENDMENT SECTION II — WHO IS AN INSURED, paragraph 2.e. is added as follows: A. If endorsement CG 21 09, CG 21 10, CG 24 50, or CG 24 51 is attached to the policy, Paragraph e. Any person(s) or organization(s) (referred to A. 2. g. (2) (b) is replaced by the following: throughout this coverage form as vendor) for whom you have agreed in writing to provide (b) A watercraft that you do not own that insurance such as is afforded by this is: coverage form but only with respect to "bodily injury" or "property damage" arising out of (i) Less than 50 feet long: and "your products" which are distributed or sold in the regular course of the vendor's (ii) Not being used to carry persons business. or property for a charge. However: B. If Paragraph A. does not apply, Paragraph g. (2) of 2. EXCLUSION under SECTION I — (1) The insurance afforded to such vendor COVERAGES, COVERAGE A — BODILY only applies to the extent permitted by INJURY AND PROPERTY DAMAGE LIABILITY law; and is replaced by the following: (2) A watercraft that you do not own that is: (a) Less than 50 feet long; and ANIC GL 1162 12 15 Page 1 of 4 IV Alaska National INSURANCE COMPANY (2) If coverage provided to the vendor is (1) The exceptions contained in Sub- required by a contract or agreement, the paragraphs d. or if.; or insurance afforded to such vendor will not be broader than that which you are (2) Such inspections, adjustments, tests or required by the contract or agreement to servicing as the vendor has agreed to provide for such vendor. make or normally undertakes to make in the usual course of business, in With respect to the insurance afforded to connection with the distribution or sale of these vendors, the following additional the products. exclusions apply: This insurance does not apply to any insured The insurance afforded the vendor does not apply person or organization, from whom you have to: acquired such products, or any ingredient, part or container, entering into, accompanying or a. "Bodily injury" or "property damage" for which containing such products. the vendor is obligated to pay damages by reason of the assumption of liability in a SECTION II —WHO IS AN INSURED, paragraph 2.f. contract or agreement. This exclusion does is added as follows: not apply to liability for damages that the vendor would have in the absence of the f. Any person(s) or organization(s) for whom contract or agreement; you have agreed in writing to provide insurance as is afforded by this coverage b. Any express warranty unauthorized by you; form but only with respect to liability arising out of the ownership, maintenance or use of c. Any physical or chemical change in the that part of the premises leased to you by product made intentionally by the vendor; such person(s)or organization(s). d. Repackaging, except when unpacked solely This insurance does not apply to: for the purpose of inspection, demonstration, testing, or the substitution of parts under (1) Any "occurrence" which takes place after instructions from the manufacturer, and then you cease to be a tenant in that repackaged in the original container; premises. e. Any failure to make such inspections, (2) Structural alterations, new construction or adjustments, tests or servicing as the vendor demolition operations performed by or on has agreed to make or normally undertakes behalf of such person(s) or to make in the usual course of business, in organization(s). connection with the distribution or sale of the products; However: if. Demonstration, installation, servicing or repair (1) The insurance afforded to such additional operations, except such operations insured only applies to the extent performed at the vendor's premises in permitted by law; and connection with the sale of the product; (2) The coverage to the additional insured g. Products which, after distribution or sale by will not be broader than that which you you, have been labeled or relabeled or used are required by the contract or agreement as a container, part or ingredient of any other to provide for such additional insured. thing or substance by or for the vendor; or h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: ANIC GL 1162 12 15 Page 2 of 4 IV Alaska National INSURANCE COMPANY SECTION III — LIMITS OF INSURANCE, Paragraph SECTION IV—COMMERCIAL GENERAL LIABILITY 6. Is replaced by the following: CONDITIONS — Paragraph 4. — Other Insurance is amended to add: 6. Subject to Paragraph 5. above, the Damage to Premises Rented to You Limit is the most we will d. Primary and Noncontributory Insurance pay under Coverage A for damages because of "property damage" to any one premises, while This insurance is primary to and will not seek rented to you, or in the case of damage by fire, contribution from any other insurance while rented to you or temporarily occupied by available to an additional insured under your you with permission of the owner. policy provided that: If a limit is shown for Damage to Premises (1) The additional insured is a Named Rented to You the most we will pay under Insured under such other insurance; and Coverage A for damages because or "property damage" to any one premises is the Limit shown (2) You have agreed in writing in a contract in the Declarations or $500,000, whichever is or agreement that this insurance would greater. be primary and would not seek contribution from any other insurance SECTION III — LIMITS OF INSURANCE, Paragraph available to the additional insured. 7. Is replaced by the following: This Paragraph d. supersedes any provision 7. Subject to Paragraph 5. above, the Medical to the contrary in Paragraphs a. through c. Expense Limit is the most we will pay under above. Coverage C for all medical expenses because of "bodily injury" sustained by any one person. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS — Paragraph 6. — Representations is If a limit is shown for Medical Expense in the replaced by the following: Declarations the most we will pay under Coverage C for all medical expenses because of 6. Representations "bodily injury' sustained by any one person is the Limit shown in the Declarations or $15,000, By accepting this policy, you agree: whichever is greater. a. The statements in the Declarations are SECTION III — LIMITS OF INSURANCE, the accurate and complete; following is added: b. Those statements are based upon With respect to the insurance afforded to the insureds representations you made to us; and described in Paragraphs 2.e. and 2J. of Section II — Who Is An Insured, if coverage provided to such c. We have issued this policy in reliance upon insured is required by a contract or agreement, the your representations. most we will pay on behalf of such insured is the amount of insurance: The unintentional omission of, or unintentional error in, any information you provided to us (1) Required by the contract or agreement; which we relied upon in issuing this policy will or not prejudice your rights under this insurance. However, this provision does not affect our right (2) Available under the applicable Limits of to collect additional premium or to exercise our Insurance shown in the Declarations; rights of cancellation or nonrenewal in accordance with applicable laws and regulations. whichever is less. This provision shall not increase the applicable Limits of Insurance shown in the Declaration. ANIC GL 1162 12 15 Page 3 of 4 IV Alaska National INSURANCE COMPANY SECTION IV—COMMERCIAL GENERAL LIABILITY SECTION V — DEFINITIONS — Paragraph 3. — CONDITIONS—is amended to add Paragraph 10. "Bodily Injury" is replaced by the following: 10. Blanket Waiver of Transfer of Rights of "Bodily injury' means bodily injury, sickness or Recovery Against Others disease sustained by a person including death or mental anguish resulting from any of these. Mental We waive any right of recovery we may have anguish means any type of mental or emotional against any person or organization as required in illness or disease a written contract because of payments we make for injury or damage arising out of "your work" done under a written contract. The waiver applies only to the person or organization required by written contract and then only if the contract requires you to obtain this agreement from us. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective Policy No. Insured PILOT ROCK EXCAVATION, INC. Endorsement No. 16 Countersigned By Includes copyrighted material of Insurance Services Office, Inc., with its permission ANIC GL 1162 12 15 Page 4 of 4 IV Alaska National INSURANCE COMPANY CONTRACTORS' GENERAL LIABILITY ENHANCEMENT ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part. SCHEDULE OF COVERAGES ARE SUMMARIZED BELOW 1. Miscellaneous Additional Insureds 13. Blanket Waiver of Subrogation 8 additional insured extensions. Waiver of subrogation where required by written contract or written agreement. Primary and Noncontributory Insurance 14. In Rem Actions 2. Damage To Premises Rented to You Limit increased to $500,000. 15. Voluntary Property Damage Limits added: $5,000 occurrence, $10,000 3. Medical Payments aggregate. Limits increased to $15,000. Reporting period increased to three years from 1. MISCELLANEOUS ADDITIONAL INSUREDS the date of accident. Section II Who Is An Insured is amended to 4. Non-owned Watercraft include as an additional Insured any person or Increased to 50 feet. organization described in Paragraphs 2.a. through 2.h. below whom you are required to add 5. Supplementary Payments as an additional insured on this policy under a Cost of bail bonds increased to $10,000. written contract or written agreement. However, Daily loss of earnings increased to $500. the written contract or written agreement must be: 6. Newly Formed Or Acquired Organizations 1. Currently in effect or becoming effective Coverage extended to the end of the policy period during the term of this policy; and or the next anniversary of this policy's effective date. 2. Executed prior to the "bodily injury", "property damage" or"personal injury and 7. Liberalization Clause advertising injury", but 8. Unintentional Failure To Disclose Hazards Only the following persons or organizations are additional insureds under this 9. Notice of Occurrence endorsement and coverage provided to such additional insureds is limited as provided 10. Broad Knowledge of Occurrence herein: 11. Bodily Injury - Extension of Coverage a. State or Governmental Agency or Subdivision or Political Subdivi- 12. Expected Or Intended Injury sions Reasonable force - bodily injury or property damage. ANIC GL 1187 08 21 Page 1 of 7 Alaska National INSURANCE COMPANY Any state or governmental agency or (2) Structural alterations, new con- subdivision or political subdivision struction or demolition operations that has issued a permit in performed by or on behalf of connection with operations performed such additional insured. by you or on your behalf and that you are required by any ordinance, law or d. Mortgagee, Assignee or Receiver building code to include as an additional insured on this coverage A mortgagee, assignee or receiver part is an additional insured, but only but only with respect to their liability with respect to liability for "bodily as mortgagee, assignee, or receiver injury", "property damage", "personal and arising out of the ownership, and advertising injury" arising out of maintenance, or use of a premises by such operations. you. The insurance provided to such state This insurance does not apply to or political subdivision does not apply structural alterations, new construc- to any "bodily injury", "property tion or demolition operations damage" or "personal and advertising performed by or for such additional injury" arising out of operations insured. performed for that state or political subdivision. e. Owners or Other Interests From Whom Land Has Been Leased b. Controlling Interest An owner or other interest from whom Any persons or organizations with a land has been leased by you but only controlling interest in you but only with respect to liability arising out of with respect to their liability arising the ownership, maintenance or use of out of: that specific part of the land leased to you and subject to the following (1) Their financial control of you, or additional exclusions: (2) Premises they own, maintain or This insurance does not apply to: control while you lease or occupy these premises. (1) Any "occurrence" which takes place after you cease to lease This insurance does not apply to that land; or structural alterations, new construc- tion and demolition operations (2) Structural alterations, new con- performed by or for such additional struction or demolition operations insured. performed by or on behalf of such additional insured. c. Managers or Lessors of Premises f. Co-owner of Insured Premises A manager or lessor of premises but only with respect to liability arising out A co-owner of a premises co-owned of the ownership, maintenance or use by you and covered under this of that specific part of the premises insurance but only with respect to the leased to you and subject to the co-owners liability as co-owner of following additional exclusions: such premises. This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or ANIC GL 1187 08 21 Page 2 of 7 Alaska National INSURANCE COMPANY g. Lessor of Equipment Such person(s) or organization(s) is an additional insured only with Any person or organization from respect to liability for "bodily injury", whom you lease equipment. Such "property damage" or "personal and person or organization is an advertising injury" caused, in whole or additional insured only with respect to in part, by: their liability for "bodily injury", "property damage" or "personal and a. Your acts or omissions; or Advertising injury" caused, in whole or in part, by your maintenance, oper- b. The acts or omissions of ation or use of equipment leased to those acting on your behalf; you by such person or organization. or A person's or organization's status as an additional insured under this c. "Your Work" performed for endorsement ends when their written the additional insured contract or written agreement with described in Paragraph 1. or you for such leased equipment ends. 2. above and included in the "products-completed With respect to the insurance operations hazard." afforded these additional insureds, the following additional exclusions In the performance of your ongoing apply: operations or completed operations for the additional insured described in This insurance does not apply: Paragraph 1. or 2. above. (1) To any "occurrence" which takes However, the insurance afforded to place after the equipment lease such additional insured described expires; or above: (2) To "bodily injury", "property a. Only applies to the extent damage", or "personal and permitted by law; and advertising injury" arising out of the sole negligence of such b. Will not be broader than that additional insured. which you are required by the contract or agreement to h. Owners, Lessees or Contractors — provide for such additional Ongoing Operations and insured. Completed Operations 3. With respect to the insurance 1. Any person or organization for afforded to these additional whom you are performing insureds, the following additional operations or have performed exclusions apply: operations when you and such person or organization have This insurance does not apply to: agreed in writing in a contract or agreement that such person or 1. "Bodily injury", "property organization be added as an damage" or "personal and additional insured on your policy; advertising injury" arising out and of the rendering of, or the failure to render, any 2. Any other person or organization professional architectural, you are required to add as an engineering or surveying additional insured under the services, including: contract or agreement described in Paragraph 1. above. ANIC GL 1187 08 21 Page 3 of 7 Alaska National INSURANCE COMPANY a. The preparing, Section III - Limits of Insurance, the following is approving, or failing to added: prepare or approve, maps, shop drawings, With respect to the insurance afforded to the opinions, reports, additional insureds described in Paragraphs a. surveys, field orders, through h. above, the most we will pay on behalf change orders or of such additional insured is the amount of drawings and specifica- insurance: tions; or (1) Required by the contract or b. Supervisory, inspection, agreement; or architectural or engineering activities. (2) Available under the applicable Limits of Insurance shown in the This exclusion applies even if Declarations; the claims against any insured allege negligence or whichever is less. other wrongdoing in the supervision, hiring, employ- This provision shall not increase the applicable ment, training or monitoring Limits of Insurance shown in the Declaration. of others by that insured, if the "occurrence" which 2. Damage To Premises Rented to You caused the "bodily injury" or "property damage", or the SECTION III — LIMITS OF INSURANCE, offense which caused the Paragraph 6. is replaced by the following: "personal and advertising injury", involved the rendering 6. Subject to Paragraph 5. above, the of, or the failure to render, Damage to Premises Rented to You Limit any professional is the most we will pay under Coverage A architectural, engineering or for damages because of "property surveying services. damage" to any one premises, while rented to you, or in the case of damage Primary And Noncontributory Insurance by fire, while rented to you or temporarily occupied by you with permission of the The following is added to the Other Insurance owner. Condition and supersedes any provision to the contrary: If a limit is shown for Damage to Premises Rented to You the most we will pay under This insurance is primary to and will not seek Coverage A for damages because or "property contribution from any other insurance available to damage" to any one premises is the Limit shown an additional insured under your policy provided in the Declarations or $500,000, whichever is that: greater. (1) The additional insured is a 3. MEDICAL PAYMENTS Named Insured under such other insurance; and A. Section III — Limits of Insurance, Paragraph 7. is replaced by the following: (2) You have agreed in writing in a contract or agreement that this 7. Subject to Paragraph 5. above the insurance would be primary and Medical Expense Limit is the most we will would not seek contribution from pay under Coverage C for all medical any other insurance available to expenses because of "bodily injury" the additional insured. sustained by any one person. ANIC GL 1187 08 21 Page 4 of 7 IV Alaska National INSURANCE COMPANY If a limit is shown for Medical Expense in 5. SUPPLEMENTARY PAYMENTS the Declarations the most we will pay under Coverage C for all medical A. Under Section I - Supplementary Payments expenses because of "bodily injury" - Coverage A and B, Paragraph 1.1b., the sustained by any one person is the Limit limit of $250 shown for the cost of bail bonds shown in the Declarations or $15,000, is replaced by$10,000; whichever is greater. B. In Paragraph 1.d., the limit of$250 shown for B. This provision 5. (Medical Payments) does daily loss of earnings is replaced by$500. not apply if Section I - Coverage C Medical Payments is excluded either by the 6. NEWLY FORMED OR ACQUIRED provisions of the Coverage Part or by ORGANIZATIONS endorsement. Paragraph 3.a. of Section II -Who Is An Insured C. Paragraph 1.a.(3)(b) of Section I - Coverage is deleted and replaced by the following: C - Medical Payments, is replaced by the following: Coverage under this provision is afforded only until the end of the policy period or the next (b) The expenses are incurred anniversary of this policy's effective date after you and reported to us within acquire or form the organization, whichever is three years of the date of the earlier. accident; and 7. LIBERALIZATION CLAUSE 4. NON-OWNED WATERCRAFT If we adopt a change in our forms or rules which A. If endorsement CG 21 09, CG 21 10, CG 24 would broaden coverage for contractors under 50, or CG 24 51 is attached to the policy, this endorsement without an additional premium Paragraph A. 2. g. (2) (b) is replaced by the charge, your policy will automatically provide the following: additional coverages as of the date the revision is effective in your state. (b) A watercraft that you do not own that is: 8. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS (i) Less than 50 feet long: and SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS — Paragraph 6. — (ii) Not being used to carry Representations is replaced by the following: persons or property for a charge. 6. Representations B. If Paragraph A. does not apply, Paragraph g. By accepting this policy, you agree: (2) of 2. EXCLUSION under SECTION I — COVERAGES, COVERAGE A — BODILY a. The statements in the Declarations are INJURY AND PROPERTY DAMAGE accurate and complete; LIABILITY is replaced by the following: b. Those statements are based upon (2) A watercraft that you do not own representations you made to us; and that is: c. We have issued this policy in reliance (a) Less than 50 feet long; and upon your representations. (b) Not being used to carry persons or property for a charge. ANIC GL 1187 08 21 Page 5 of 7 IV Alaska National INSURANCE COMPANY The unintentional omission of, or (4) A manager, if you are a limited unintentional error in, any information you liability company. provided to us which we relied upon in issuing this policy will not prejudice your 11. EXPANDED BODILY INJURY rights under this insurance. However, this provision does not affect our right to collect Section V - Definitions, the definition of "bodily additional premium or to exercise our rights of injury" is changed to read: cancellation or nonrenewal in accordance with applicable laws and regulations. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, 9. NOTICE OF OCCURRENCE humiliation, shock, mental anguish or mental injury by that person at any time which results as The following is added to Paragraph 2. of Section a consequence of the bodily injury, sickness or IV - Commercial General Liability Conditions - disease. Duties In The Event of Occurrence, Offense, Claim or Suit: 12. EXPECTED OR INTENDED INJURY Your rights under this Coverage Part will not be Exclusion a. of Section I - Coverage A - Bodily prejudiced if you fail to give us notice of an Injury and Property Damage Liability is "occurrence", offense, claim or "suit" and that replaced by the following: failure is solely due to your reasonable belief that the "bodily injury" or "property damage" is not a. "Bodily injury" or "property damage" covered under this Coverage Part. However, you expected or intended from the shall give written notice of this "occurrence", standpoint of the insured. This offense, claim or "suit" to us as soon as you are exclusion does not apply to "bodily aware that this insurance may apply to such injury" or "property damage" resulting "occurrence", offense, claim or"suit." from the use of reasonable force to protect persons or property. 10. BROAD KNOWLEDGE OF OCCURRENCE 13. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 2. of Section IV - Commercial General Liability Conditions - The Transfer Of Rights Of Recovery Against Duties in The Event of Occurrence, Offense, Others To Us Condition (Section IV - Claim or Suit: Commercial General Liability Conditions) is amended by the addition of the following: You must give us or our authorized representative notice of an "occurrence", offense, claim, or "suit" We waive any right of recovery against any only when the "occurrence", offense, claim or person or organization, because of any payment "suit' is known to: we make under this Coverage Part, to whom the insured has waived its right of recovery in a (1) You, if you are an individual; written contract or agreement. Such waiver by us applies only to the extent that the insured has (2) A partner, if you are a waived its right of recovery against such person partnership; or organization prior to loss. (3) An executive officer or the employee designated by you to give such notice, if you are a corporation; or ANIC GL 1187 08 21 Page 6 of 7 IV Alaska National INSURANCE COMPANY 14. IN REM ACTIONS For the purpose of this coverage only, Section I — Coverage A — Bodily Injury and Property Any action in rem against any vessel owned, Damage Liability 2. Exclusions J. (4.) is operated by or for, or chartered by or for you will deleted. be treated in the same manner as though the action were in personam against you. As respects coverage afforded under Voluntary Property Damage, the following is added to 15. VOLUNTARY PROPERTY DAMAGE Section III— Limits of Insurance: The following is added, Section I—Coverage A— Regardless of the number of insureds, claims or Bodily Injury and Property Damage Liability 1., "suits" brought, or persons or organizations Insuring Agreement: making claims or bringing "suits": We will pay, at your request, for "property 1. Subject to 2. Below, the most we will pay for damage" to property of others while in the care, "property damage" arising from any one custody or control of an insured, arising out of "occurrence" arising out of "property damage your business operations away from your to property of others caused by you and while insured premises for which this policy is written in your care, custody or control is $5,000. and occurring during the policy period. 2. The most we will pay for the sum of all However, the "property damage" must be the "property damage" in an annual policy period result of unintentional damage or destruction but is $10,000. This amount is part of and not in does not include disappearance, theft, or loss of addition to the General Aggregate Limit use. described in Paragraph 2. of Section III — Limits of Insurance. You agree with us that we shall have no duty to defend any claims and/or "suits" for which the only coverage provided is under this coverage extension. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective Policy No. Insured PILOT ROCK EXCAVATION, INC. Endorsement No. 17 Countersigned By Includes copyrighted material of Insurance Services Office, Inc., with its permission ANIC GL 1187 08 21 Page 7 of 7 IV Alaska National INSURANCE COMPANY MOTOR CARRIER COVERAGE ENHANCEMENT ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: MOTOR CARRIER COVERAGE FORM (The entries required to complete this endorsement will be shown below or on the "schedule of coverages".) Various provisions in this endorsement restrict 6. TRANSPORTATION EXPENSES — coverage. Read the entire policy carefully to INCREASED TO $200 PER determine rights, duties, and what is and is not DAY/MAXIMUM OF$1,500 covered. 7. LOSS OF USE EXPENSES (HIRED, Throughout this policy, the words "you" and "your" RENTED OR BORROWED) INCREASED refer to the Named Insured shown in the TO$200 PER DAY/MAXIMUM OF$1,500 Declarations. The words"we", "us", and "our"refer 8• AIRBAG COVERAGE to the company providing this insurance. Other words and phrases that appear in quotation 9 FUEL IN VEHICLE COVERAGE -$2,500 marks have special meaning. Refer to SECTION 10. FIRE EXTINGUISHER RECHARGE VI — DEFINITIONS in the Motor Carrier Coverage COVERAGE Form. 11. AUTO LOAN/LEASE GAP COVERAGE - The coverages provided by this endorsement $2,500 apply per "accident" and, unless otherwise 12. PERSONAL PROPERTY COVERAGE specified,are subject to all of the terms,conditions, FOR DRIVER-$1,000 exclusions and deductible provisions of the policy 13. TELEMATICS EQUIPMENT COVERAGE to which it is attached. -$2,500 Below is a summary of the changes made by this 14. "DOWNTIME LOSS" AND RENTAL endorsement to the MOTOR CARRIER REIMBURSEMENT COVERAGE - $150 COVERAGE FORM. This summary is for PER DAY, 30 DAY MAXIMUM convenience only. Refer to the specific language for complete details. 15. SINGLE PHYSICAL DAMAGE DEDUCT- 1. EMPLOYEE AS INSURED (HIRED AUTO IBLE PER LOSS —LESS THAN 10,000 POUNDS GVW) 16. DEDUCTIBLE ON GLASS BREAKAGE 2. "BLANKET" ADDITIONAL INSURED AS WAIVED IF GLASS REPAIRED RATHER THAN REPLACED REQUIRED BY WRITTEN CONTRACT 3. COST OF BAIL BONDS — INCREASED 17. TRANSFER OF RIGHTS OF RECOVERY TO$5,000 AGAINST US (WAIVER OF SUBROGA- TION) 4. REASONABLE EXPENSES INCURRED 18. UNINTENTIONAL FAILURE TO DIS- BY THE INSURED — INCREASED TO CLOSE HAZARDS $500 PER DAY 5. TOWING AND LABOR COSTS - $2,500 19. OTHER INSURANCE CHANGES PER DISABLEMENT SUBJECT TO 20. BODILY INJURY INCLUDES MENTAL $5,000 ANNUAL AGGREGATE ANGUISH Pilot Rock Excavation, Inc. 25G AT 13711 07/20/25 - 07/20/26 ANIC CA 1220 01 19 Page 1 of 5 IV Alaska National INSURANCE COMPANY SECTION II — COVERED AUTO LIABILITY SECTION IV — PHYSICAL DAMAGE COVERAGE, COVERAGE, Paragraph A.1. Who Is An Insured is Paragraph AA.a. — Transportation Expenses is amended to include: deleted and replaced by the following: f. Any "employee" of yours while operating a. Transportation Expenses an "auto" with a gross vehicle weight of We will pay up to $200 per day to a less than 10,000 pounds hired or rented maximum of $1,500 for temporary under a contract or agreement in an transportation expense incurred by you "employee's" name, with your permission, because of the total theft of a covered while performing duties related to the "auto"that is 20,000 lbs. of Gross Vehicle conduct of your business. Weight. We will pay only for those g. Any person or organization for whom you covered "autos" for which you carry either have agreed in writing to provide Comprehensive or Specified Causes of insurance such as is afforded by this Loss Coverage. We will pay fortemporary Coverage Form, but only with respect to transportation expenses incurred during liability arising out of the ownership, the period beginning 48 hours after the maintenance or use of"autos" covered by theft and ending, regardless of the policy's this policy. expiration, when the covered "auto" is SECTION II — COVERED AUTO LIABILITY returned to use or we pay for its "loss". COVERAGE, Paragraph A.2.a. (2) — Supplementary SECTION IV — PHYSICAL DAMAGE COVERAGE, Payments is replaced by the following: Paragraph AA.b.—Loss of Use Expenses is replaced (2) Up to $5,000 for the cost of bail bonds by the following: (including bonds for related traffic law b. Loss of Use Expenses— Hired, Rented, violations) required because of an or Borrowed Automobiles "accident" we cover. We do not have We will pay expenses for which an to furnish these bonds. "insured" becomes legally responsible for SECTION II — COVERED AUTO LIABILITY loss of use of a vehicle hired, rented or COVERAGE, Paragraph A.2.a. (4) — Supplementary borrowed without a driver under a written Payments is replaced by the following: rental contract or agreement. We will pay (4) All reasonable expenses incurred by for loss of use expenses if caused by: the "insured" at our request, including (1) Other than Collision, only if the actual loss of earnings up to $500 a Declarations indicate that Compre- day because of time off from work. hensive Coverage is provided for the 2. Towing vehicle withdrawn from service. We will pay up to $2,500 for towing and labor (2) Specified Causes of Loss only if the costs each time a covered "auto" is disabled. Declarations indicate that Specified However, the labor must be performed at the Causes of Loss Coverage is provided place of disablement. for the vehicle withdrawn from service. The mostwe will payfortowing and laborcosts (3) Collision only if the Declarations is $5,000 in any one policy year. indicate that Collision Coverage is SECTION II — COVERED AUTO LIABILITY provided for the vehicle withdrawn from service. COVERAGE, Exclusion B.5. is amended to add: However, the most we will pay for any This exclusion does not apply if the "bodily expenses for loss of use is $200 per day, to a injury" results from the use of a covered "auto" maximum of$1,500. you own or hire. Such coverage as is afforded by this provision is excess over any other collectible insurance. Pilot Rock Excavation, Inc. 25G AT 13711 07/20/25 - 07/20/26 ANIC CA 1220 01 19 Page 2 of 5 IV Alaska National INSURANCE COMPANY Section IV— PHYSICAL DAMAGE COVERAGE 9. Driver's Personal Property The following are added to A. Coverage: We will pay up to $1,000 for loss or damage to 5. Airbag Coverage personal property or effects of any driver of a We will pay the cost to repair, replace, or reset covered "auto" while contained in that "auto" an airbag that inflates for any reason other and caused by: than as a result of a collision if the Declarations a. Fire, lightning or explosion; indicate that the covered "auto" has b. Windstorm, hail or earthquake; Comprehensive Coverage or Specified Causes of Loss Coverage. c. Flood; 6. Fuel in Vehicle d. Mischief or vandalism; We will pay up to $2,500 for the actual loss e. The sinking, burning, collision or sustained as a result of loss of fuel in a derailment of any conveyance covered "auto", used to operate the "auto", transporting the covered "auto"; caused by a covered loss to the covered f. The covered "auto's" collision with "auto." No deductible applies to this coverage. another object; or 7. Fire Extinguisher Recharge g. The covered "auto's" overturn. We will pay the cost to recharge or replace, We will not pay for loss or damage to coins, whichever is less, fire extinguishers kept in currency, securities or contraband. your covered "autos" that are intentionally Exclusions 2.c., 2.e.and 2.f. of Section IV, B., discharged in an attempt to extinguish a fire. Physical Damage Coverage do not apply to No deductible applies to this coverage. this coverage. 8. Auto Loan/Lease Gap Coverage This coverage is excess over any other In the event of a total"loss"to a covered "auto" collectible insurance. No deductible applies to for which we pay under the policy's Physical this coverage. Damage Coverage, we will pay any unpaid 10. Telematics Equipment Coverage amount due on the lease or loan forthat"auto," less: We will pay up to $2,500 for loss or damage to "telematics" equipment in a covered "auto" a. The amount paid under the policy's caused by a covered cause of "loss". This Physical Damage Coverage and any: coverage applies whether or not the (1) Overdue lease/loan pay- equipment is permanently installed in, or ments at the time of the"loss"; mounted on, the covered "auto." (2) Financial penalties imposed Exclusions 2.c., 2.e.and 2.f. of Section IV, B., under a lease for excessive Physical Damage Coverage do not apply to use, abnormal wear and tear this coverage. or high mileage; No deductible applies to this coverage. (3) Security deposits not returned 11. Downtime Loss and Rental Reimburse- by the lessor; ment Coverage (4) Costs for extended war- We will pay any resulting "downtime loss" and ranties, Credit Life Insurance, rental reimbursement expense you sustain as Health, Accident or Disability a result of a covered physical damage"loss"to Insurance purchased with the a covered "auto" up to a maximum of$150 per loan or lease; and day for a maximum of 30 days for the same (5) Carry-over balances from physical damage loss, subject to the following previous loans or leases. limitations: The most we will pay as a result of any one "loss" is $2,500. Pilot Rock Excavation, Inc. 25G AT 13711 07/20/25 - 07/20/26 ANIC CA 1220 01 19 Page 3 of 5 Alaska National INSURANCE COMPANY a. We will cover "downtime loss" and rental organization is waived priorto the"accident"or reimbursement expenses beginning the the "loss" under a contract with that person or sixth day after: organization. (1) We have given you our agreement to SECTION V — MOTOR CARRIER CONDITIONS — pay for repairs to a covered "auto"and Paragraph B.2. — Concealment, Misrepresentation Or you have given the repair facility your Fraud is amended by adding Unintentional Failure to authorization to make the repairs; or Disclose Hazards at the end of Paragraph B.2. as (2) The date you first reported the "loss" follows: to us if we have declared your auto a Unintentional Failure to Disclose Hazards total "loss"; and If you unintentionally fail to disclose any b. Coverage for "downtime loss" and rental hazards existing at the inception date of your reimbursement will end when any of the policy, we will not deny coverage under this following occur: Coverage Form because of such failure. (1) You have a spare or reserve "auto" However, this provision does not affect our available to you to continue your right to collect additional premium or exercise operations. our right of cancellation or non-renewal. (2) You purchase a replacement"auto." SECTION V — MOTOR CARRIER CONDITIONS — B. General Conditions, 5. (3) Repairs to your covered "auto" have Other Insurance — Primary and Excess been completed by the repair facility Insurance Provisions —f. is replaced by the and the"auto"has been determined to following: be road-worthy. f. For Hired Auto Physical Damage (4) You reach the 30 days of maximum Coverage, the following are deemed to be coverage. covered "autos" you own: Coverage for "downtime loss" and rental (1) Any covered "auto" you lease, hire, reimbursement is excess over any other rent, or borrow; and insurance coverage available. (2) Any covered "auto"" hired or rented by SECTION IV— PHYSICAL DAMAGE COVERAGE your "employee" under a contract in D. Deductible is replaced by the following: that individual "employee's" name, For each covered "auto", our obligation to pay with your permission,while performing for, repair, or replace damaged or stolen duties related to the conduct of your property will be reduced by the applicable business. deductible shown in the Declarations. Any However, any "auto" that is leased, hired, Comprehensive Coverage deductible shown rented or borrowed with a driver is not a in the Declarations does not apply to "loss" covered "auto". caused by fire or lightning. SECTION VI — DEFINITIONS — Paragraph C. — However, if more than one covered "auto" is "Bodily injury" is replaced by the following: involved in the same loss, only one deductible will apply to the loss. If the deductible amounts C. "Bodily injury" means bodily injury, sickness or vary, the largest deductible will apply. disease sustained by a person including death or mental anguish resulting from any of these. No deductible applies to glass breakage if the Mental anguish means any type of mental or glass is repaired rather than replaced. emotional illness or disease. SECTION V — MOTOR CARRIER CONDITIONS, Paragraph A. 5. — Transfer of Rights of Recovery Against Others To Us is amended to include: 5. Transfer of Rights of Recovery Against Others to Us This condition does not apply to any person(s) or organization(s) to the extent that subrogation against that person or Pilot Rock Excavation, Inc. 25G AT 13711 07/20/25 - 07/20/26 ANIC CA 1220 01 19 Page 4 of 5 IV Alaska National INSURANCE COMPANY SECTION VI — DEFINITIONS — the following are T. "Business Income" means: added: 1. Net Income (net profit or loss before income S. "Downtime Loss" means actual loss of"business taxes) that would have been earned or income" for the period of time that a covered incurred; and "auto": 2. Continuing normal operating expenses, 1. is out of service for repair or replacement as a including payroll. result of a covered physical damage loss; and U. "Telematics equipment" means: 2. is in the custody of a repair facility if not a total Equipment, devices, or software, used in vehicle "loss." telematics systems. Pilot Rock Excavation, Inc. 25G AT 13711 07/20/25 - 07/20/26 ANIC CA 1220 01 19 Includes copyrighted material of the Insurance Services Office, Inc. Page 5 of 5 This page has been left blank intentionally. IV Alaska National INSURANCE COMPANY Schedule of Underlying Insurance Auto Liability Insurer Policy Number Policy Period Limits of Insurance Alaska National Insurance Company 25G AT 13711 07/20/25 -07/20/26 Each accident $ 1,000,000 General Liability Insurer Policy Number Policy Period Limits of Insurance General aggregate $ 2,000,000 Alaska National Products/completed Insurance Company 25G PS 13711 07/20/25 -07/20/26 operations aggregate 2,000,000 Each occurrence 1,000,000 Personal and advertising injury 1,000,000 Employee Benefits Liability Insurer Policy Number Policy Period Limits of Insurance Aggregate $ 2,000,000 Alaska National Insurance Company 25G PS 13711 07/20/25 -07/20/26 Each employee 1,000,000 ANIC CU 1014 11 04 Commercial Liability Umbrella Insurance Declarations Page 2 of 2 IV Alaska National INSURANCE COMPANY COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. Read No other obligation or liability to pay sums or the entire policy carefully to determine rights, duties perform acts or services is covered unless and what is and is not covered. explicitly provided for under Supplementary Throughout this policy the words "you" and "your" refer Payments—Coverages A and B. to the Named Insured shown in the Declarations, and b. This insurance applies to "bodily injury" or any other person or organization qualifying as a "property damage" that is subject to an Named Insured under this policy. The words "we", "us" applicable "retained limit". If any other limit, such and "our" refer to the company providing this as a sublimit, is specified in the "underlying insurance. insurance", this insurance does not apply to The word "insured" means any person or organization "bodily injury" or "property damage" arising out qualifying as such under Section II — Who Is An of that exposure unless that limit is specified in Insured. the Declarations under the Schedule of Other words and phrases that appear in quotation "underlying insurance". marks have special meaning. Refer to Section V — c. This insurance applies to "bodily injury" and Definitions. "property damage" only if: SECTION I—COVERAGES (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place COVERAGE A—BODILY INJURY AND PROPERTY in the "coverage territory"; DAMAGE LIABILITY 1. Insuring Agreement (2) The "bodily injury" or "property damage" 9 9 occurs during the policy period; and a. We will pay on behalf of the insured the (3) Prior to the policy period, no insured listed "ultimate net loss" in excess of the "retained under Paragraph 1.a. of Section II — Who Is limit" because of "bodily injury" or "property An Insured and no "employee" authorized by damage"to which this insurance applies. We will you to give or receive notice of an have the right and duty to defend the insured "occurrence" or claim, knew that the "bodily against any "suit" seeking damages for such injury" or"property damage" had occurred, in "bodily injury" or "property damage" when the whole or in part. If such a listed insured or "underlying insurance" does not provide authorized "employee" knew, prior to the coverage or the limits of "underlying insurance' policy period, that the "bodily injury" or have been exhausted. When we have no duty to "property damage" occurred, then any defend, we will have the right to defend, or to continuation, change or resumption of such participate in the defense of, the insured against "bodily injury" or"property damage" during or any other "suit" seeking damages to which this after the policy period will be deemed to insurance may apply. However, we will have no have been known prior to the policy period. duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property d. "Bodily injury" or "property damage" which damage" to which this insurance does not apply. occurs during the policy period and was not, At our discretion, we may investigate any prior to the policy period, known to have "occurrence" that may involve this insurance occurred by any insured listed under Paragraph and settle any resultant claim or "suit" for which 1.a. of Section II — Who Is An Insured or any we have the duty to defend. But: "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any (1) The amount we will pay for the "ultimate net continuation, change or resumption of that loss" is limited as described in Section III — "bodily injury" or "property damage" after the Limits Of Insurance; and end of the policy period. (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B. CU 00 01 04 13 Page 1 of 19 IV Alaska National INSURANCE COMPANY e. "Bodily injury" or "property damage" will be (b) Such attorneys' fees and litigation deemed to have been known to have occurred expenses are for defense of that party at the earliest time when any insured listed against a civil or alternative dispute under Paragraph 1.a. of Section II — Who Is An resolution proceeding in which damages Insured or any "employee" authorized by you to to which this insurance applies are give or receive notice of an "occurrence" or alleged. claim: c. Liquor Liability (1) Reports all, or any part, of the "bodily injury" "Bodily injury" or "property damage" for which or "property damage" to us or any other any insured may be held liable by reason of: insurer; (1) Causing or contributing to the intoxication of (2) Receives a written or verbal demand or claim any person; for damages because of the "bodily injury" or "property damage"; or (2) The furnishing of alcoholic beverages to a (3) Becomes aware by any other means that person under the legal drinking age or under "bodily injury" or "property damage" has the influence of alcohol; or occurred or has begun to occur. (3) Any statute, ordinance or regulation relating f. Damages because of "bodily injury" include to the sale, gift, distribution or use of damages claimed by any person or organization alcoholic beverages. for care, loss of services or death resulting at This exclusion applies even if the claims against any time from the"bodily injury". any insured allege negligence or other 2. Exclusions wrongdoing in: (a) The supervision, hiring, employment, This insurance does not apply to: training or monitoring of others by that a. Expected Or Intended Injury insured; or "Bodily injury" or "property damage" expected or (b) Providing or failing to provide intended from the standpoint of the insured. This transportation with respect to any person exclusion does not apply to "bodily injury" that may be under the influence of resulting from the use of reasonable force to alcohol; protect persons or property. if the "occurrence" which caused the "bodily b. Contractual Liability injury" or "property damage" involved that which "Bodily injury" or "property damage" for which is described in Paragraph (1), (2) or(3) above. the insured is obligated to pay damages by However, this exclusion applies only if you are in reason of the assumption of liability in a contract the business of manufacturing, distributing, or agreement. This exclusion does not apply to selling, serving or furnishing alcoholic liability for damages: beverages. For the purposes of this exclusion, (1) That the insured would have in the absence permitting a person to bring alcoholic beverages of the contract or agreement; or on your premises, for consumption on your premises, whether or not a fee is charged or a (2) Assumed in a contract or agreement that is license is required for such activity, is not by an "insured contract", provided the "bodily itself considered the business of selling, serving injury" or "property damage" occurs or furnishing alcoholic beverages. subsequent to the execution of the contract or agreement. Solely for the purposes of This exclusion does not apply to the extent that liability assumed in an "insured contract", valid "underlying insurance"for the liquor liability reasonable attorneys' fees and necessary risks described above exists or would have litigation expenses incurred by or for a party existed but for the exhaustion of underlying other than an insured are deemed to be limits for "bodily injury" and "property damage". damages because of "bodily injury" or To the extent this exclusion does not apply, the "property damage", provided: insurance provided under this Coverage Part for the liquor liability risks described above will (a) Liability to such party for, or for the cost follow the same provisions, exclusions and of, that party's defense has also been limitations that are contained in the applicable " assumed in the same "insured contract"; pp underlying insurance", unless otherwise and directed by this insurance. CU 00 01 04 13 Page 2 of 19 IV Alaska National INSURANCE COMPANY d. Workers' Compensation And Similar Laws This exclusion does not apply to the extent that Any obligation of the insured under a workers' valid "underlying insurance" for the employer's compensation, disability benefits or liability risks described above exists or would unemployment compensation law or any similar have existed but for the exhaustion of underlying law. limits for "bodily injury". To the extent this exclusion does not apply, the insurance e. ERISA provided under this Coverage Part for the Any obligation of the insured under the employer's liability risks described above will Employee Retirement Income Security Act of follow the same provisions, exclusions and 1974 (ERISA), and any amendments thereto or limitations that are contained in the applicable any similar federal, state or local statute. "underlying insurance", unless otherwise if. Auto Coverages directed by this insurance. (1) "Bodily injury" or "property damage" arising h. Employment-related Practices out of the ownership, maintenance or use of "Bodily injury" to: any"auto" which is not a "covered auto"; or (1) A person arising out of any: (2) Any loss, cost or expense payable under or (a) Refusal to employ that person; resulting from any first-party physical damage coverage; no-fault law; personal (b) Termination of that person's employment; injury protection or auto medical payments or coverage; or uninsured or underinsured (c) Employment-related practices, policies, motorist law. acts or omissions, such as coercion, g. Employer's Liability demotion, evaluation, reassignment, discipline, defamation, harassment, "Bodily injury" to: humiliation, discrimination or malicious (1) An "employee" of the insured arising out of prosecution directed at that person; or and in the course of: (2) The spouse, child, parent, brother or sister of (a) Employment by the insured; or that person as a consequence of "bodily (b) Performing duties related to the conduct injury" to that person at whom any of the of the insured's business; or employment-related practices described in Paragraph (a), (b), or(c) above is directed. (2) The spouse, child, parent, brother or sister of This exclusion applies whether the injury- that "employee" as a consequence of causing event described in Paragraph (a), (b) or Paragraph (1) above. (c) above occurs before employment, during This exclusion applies whether the insured may employment or after employment of that person. be liable as an employer or in any other This exclusion applies whether the insured may capacity, and to any obligation to share damages with or repay someone else who must capacity, liable as an employer or in any other pay damages because of the injury. capacity, and to any obligation to share damages with or repay someone else who must This exclusion does not apply to liability pay damages because of the injury. assumed by the insured under an Insured i. Pollution contract". With respect to injury arising out of a "covered (1) "Bodily injury" or "property damage" which auto", this exclusion does not apply to "bodily would not have occurred in whole or part but injury" to domestic "employees" not entitled to for the actual, alleged or threatened workers' compensation benefits. For the discharge, dispersal, seepage, migration, purposes of this insurance, a domestic release or escape of pollutants at any time; "employee" is a person engaged in household or or domestic work performed principally in (2) "Pollution cost or expense". connection with a residence premises. CU 00 01 04 13 Page 3 of 19 IV Alaska National INSURANCE COMPANY This exclusion does not apply if valid "underlying (5) Aircraft that is: insurance" for the pollution liability risks (a) Chartered by, loaned to, or hired by you described above exists or would have existed with a paid crew; and but for the exhaustion of underlying limits for "bodily injury" and "property damage". To the (b) Not owned by any insured. extent this exclusion does not apply, the k. Racing Activities insurance provided under this Coverage Part for "Bodily injury" or "property damage" arising out the pollution risks described above will follow the of the use of"mobile equipment" or"autos" in, or same provisions, exclusions and limitations that while in practice for, or while being prepared for, are contained in the applicable "underlying any prearranged professional or organized insurance", unless otherwise directed by this racing, speed, demolition, or stunting activity or insurance. contest. j. Aircraft Or Watercraft I. War "Bodily injury" or "property damage" arising out "Bodily injury" or "property damage", however of the ownership, maintenance, use or caused, arising, directly or indirectly, out of: entrustment to others of any aircraft or watercraft owned or operated by or rented or (1) War, including undeclared or civil war; loaned to any insured. Use includes operation (2) Warlike action by a military force, including and "loading or unloading". action in hindering or defending against an This exclusion applies even if the claims against actual or expected attack, by any any insured allege negligence or other government, sovereign or other authority wrongdoing in the supervision, hiring, using military personnel or other agents; or employment, training or monitoring of others by (3) Insurrection, rebellion, revolution, usurped that insured, if the "occurrence" which caused power, or action taken by governmental the "bodily injury" or "property damage" involved authority in hindering or defending against the ownership, maintenance, use or entrustment any of these. to others of any aircraft or watercraft that is m. Damage To Property owned or operated by or rented or loaned to any insured. "Property damage" to: This exclusion does not apply to: (1) Property: (1) A watercraft while ashore on premises you (a) You own, rent, or occupy, including any own or rent; costs or expenses incurred by you, or any (2) A watercraft you do not own that is: other person, organization or entity, for repair, replacement, enhancement, (a) Less than 50 feet long; and restoration or maintenance of such (b) Not being used to carry persons or property for any reason, including property for a charge; prevention of injury to a person or (3) Liability assumed under any "insured damage to another's property; or contract" for the ownership, maintenance or (b) Owned or transported by the insured and use of aircraft or watercraft; arising out of the ownership, maintenance (4) The extent that valid "underlying insurance" or use of a "covered auto". for the aircraft or watercraft liability risks (2) Premises you sell, give away or abandon, if described above exists or would have the "property damage" arises out of any part existed but for the exhaustion of underlying of those premises; limits for"bodily injury" or "property damage". (3) Property loaned to you; To the extent this exclusion does not apply, (4) Personal property in the care, custody or the insurance provided under this Coverage control of the insured; Part for the aircraft or watercraft risks described above will follow the same (5) That particular part of real property on which provisions, exclusions and limitations that you or any contractors or subcontractors are contained in the "underlying insurance", working directly or indirectly on your behalf unless otherwise directed by this insurance; are performing operations, if the "property or damage" arises out of those operations; or CU 00 01 04 13 Page 4 of 19 IV Alaska National INSURANCE COMPANY (6) That particular part of any property that must (3) "Impaired property"; be restored, repaired or replaced because if such product, work, or property is withdrawn or "your work" was incorrectly performed on it. recalled from the market or from use by any Paragraph (2) of this exclusion does not apply if person or organization because of a known or the premises are "your work" and were never suspected defect, deficiency, inadequacy or occupied, rented or held for rental by you. dangerous condition in it. Paragraphs (1)(b), (3), (4), (5) and (6) of this r. Personal And Advertising Injury exclusion do not apply to liability assumed under "Bodily injury" arising out of "personal and a sidetrack agreement. advertising injury". Paragraphs (3) and (4) of this exclusion do not s. Professional Services apply to liability assumed under a written Trailer Interchange agreement. "Bodily injury" or "property damage" due to rendering of or failure to render any professional Paragraph (6) of this exclusion does not apply to"property damage" included in the "products- service. This includes but is not limited to: completed operations hazard". (1) Legal, accounting or advertising services; n. Damage To Your Product (2) Preparing, approving, or failing to prepare or "Property damage" to "your product" arising out approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders of it or any part of it. or drawings or specifications; o. Damage To Your Work (3) Inspection, supervision, quality control, "Property damage" to "your work" arising out of architectural or engineering activities done it or any part of it and included in the "products- by or for you on a project on which you serve completed operations hazard". as construction manager; This exclusion does not apply if the damaged (4) Engineering services, including related work or the work out of which the damage arises supervisory or inspection services; was performed on your behalf by a (5) Medical, surgical, dental, X-ray or nursing subcontractor. services treatment, advice or instruction; p. Damage To Impaired Property Or Property (6) Any health or therapeutic service treatment, Not Physically Injured advice or instruction; "Property damage" to "impaired property" or (7) Any service, treatment, advice or instruction property that has not been physically injured, for the purpose of appearance or skin arising out of: enhancement, hair removal or replacement, (1) A defect, deficiency, inadequacy or or personal grooming or therapy; dangerous condition in "your product" or (g) Any service, treatment, advice or instruction "your work"; or relating to physical fitness, including service, (2) A delay or failure by you or anyone acting on treatment, advice or instruction in connection your behalf to perform a contract or with diet, cardiovascular fitness, bodybuilding agreement in accordance with its terms. or physical training programs; This exclusion does not apply to the loss of use (9) Optometry or optical or hearing aid services of other property arising out of sudden and including the prescribing, preparation, fitting, accidental physical injury to "your product" or demonstration or distribution of ophthalmic "your work" after it has been put to its intended lenses and similar products or hearing aid use. devices; q. Recall Of Products, Work Or Impaired (10) Body piercing services; Property (11) Services in the practice of pharmacy; Damages claimed for any loss, cost or expense (12) Law enforcement or firefighting services; and incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, (13) Handling, embalming, disposal, burial, replacement, adjustment, removal or disposal cremation or disinterment of dead bodies. of: (1) "Your product"; (2) "Your work"; or CU 00 01 04 13 Page 5 of 19 IV Alaska National INSURANCE COMPANY This exclusion applies even if the claims against COVERAGE B— PERSONAL AND ADVERTISING any insured allege negligence or other INJURY LIABILITY wrongdoing in the supervision, hiring, 1. Insuring Agreement employment, training or monitoring of others by that insured, if the "occurrence" which caused a. We will pay on behalf of the insured the the "bodily injury" or "property damage", "ultimate net loss" in excess of the "retained involved the rendering of or failure to render any limit" because of "personal and advertising professional service. injury" to which this insurance applies. We will have the right and duty to defend the insured t. Electronic Data against any "suit" seeking damages for such Damages arising out of the loss of, loss of use "personal and advertising injury" when the of, damage to, corruption of, inability to access "underlying insurance" does not provide or inability to manipulate electronic data. coverage or the limits of "underlying insurance" However, this exclusion does not apply to have been exhausted. When we have no duty to liability for damages because of"bodily injury". defend, we will have the right to defend, or to participate in the defense of, the insured against As used in this exclusion, electronic data means any other "suit" seeking damages to which this information, facts or programs stored as or on, insurance may apply. However, we will have no created or used on, or transmitted to or from duty to defend the insured against any "suit" computer software, including systems and seeking damages for "personal and advertising applications software, hard or floppy disks, CD- injury" to which this insurance does not apply. At ROMs, tapes, drives, cells, data processing our discretion, we may investigate any offense devices or any other media which are used with that may involve this insurance and settle any electronically controlled equipment. resultant claim or "suit" for which we have the This exclusion does not apply if valid "underlying duty to defend. But: insurance"for the electronic data risks described (1) The amount we will pay for the "ultimate net above exists or would have existed but for the loss" is limited as described in Section III — exhaustion of underlying limits for "bodily injury" Limits Of Insurance; and and "property damage". The insurance provided under this Coverage Part will follow the same (2) Our right and duty to defend end when we provisions, exclusions and limitations that are have used up the applicable limit of contained in the applicable "underlying insurance in the payment of judgments or insurance", unless otherwise directed by this settlements under Coverages A or B. insurance. No other obligation or liability to pay sums or u. Recording And Distribution Of Material Or perform acts or services is covered unless Information In Violation Of Law explicitly provided for under Supplementary "Bodily injury" or "property damage" arising Payments—Coverages A and B. directly or indirectly out of any action or b. This insurance applies to "personal and omission that violates or is alleged to violate: advertising injury" that is subject to an applicable "retained limit". If any other limit, such as a (1) The Telephone Consumer Protection Act sublimit, is specified in the "underlying (TCPA), including any amendment of or insurance", this insurance does not apply to addition to such law; "personal and advertising injury" arising out of (2) The CAN-SPAM Act of 2003, including any that exposure unless that limit is specified in the amendment of or addition to such law; Declarations under the Schedule of "underlying (3) The Fair Credit Reporting Act (FCRA), and insurance". any amendment of or addition to such law, c. This insurance applies to "personal and including the Fair and Accurate Credit advertising injury" caused by an offense arising Transactions Act (FACTA); or out of your business but only if the offense was (4) Any federal, state or local statute, ordinance committed in the "coverage territory" during the or regulation, other than the TCPA, CAN- policy period. SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. CU 00 01 04 13 Page 6 of 19 IV Alaska National INSURANCE COMPANY 2. Exclusions (9) Infringement Of Copyright, Patent, This insurance does not apply to: Trademark Or Trade Secret a. "Personal and advertising injury": Arising out of the infringement of copyright, patent, trademark, trade secret or other (1) Knowing Violation Of Rights Of Another intellectual property rights. Under this Caused by or at the direction of the insured exclusion, such other intellectual property with the knowledge that the act would violate rights do not include the use of another's the rights of another and would inflict advertising idea in your"advertisement". "personal and advertising injury". However, this exclusion does not apply to (2) Material Published With Knowledge Of infringement, in your "advertisement", of Falsity copyright, trade dress or slogan. Arising out of oral or written publication, in (10) Insureds In Media And Internet Type any manner, of material, if done by or at the Businesses direction of the insured with knowledge of its Committed by an insured whose business is: falsity. (a) Advertising, broadcasting, publishing or (3) Material Published Prior To Policy Period telecasting; Arising out of oral or written publication, in (b) Designing or determining content of web any manner, of material whose first sites for others; or publication took place before the beginning of the policy period. (c) An Internet search, access, content or service provider. (4) Criminal Acts However, this exclusion does not apply to Arising out of a criminal act committed by or Paragraphs 14.a., b. and c. of "personal and at the direction of the insured. advertising injury" under the Definitions (5) Contractual Liability section. For which the insured has assumed liability For the purposes of this exclusion, the in a contract or agreement. This exclusion placing of frames, borders or links, or does not apply to: advertising, for you or others anywhere on (a) Liability for damages that the insured the Internet, is not by itself, considered the would have in the absence of the contract business of advertising, broadcasting, or agreement. publishing or telecasting. (b) Liability for false arrest, detention or (11) Electronic Chatrooms Or Bulletin Boards imprisonment assumed in a contract or Arising out of an electronic chatroom or agreement. bulletin board the insured hosts, owns, or (6) Breach Of Contract over which the insured exercises control. Arising out of a breach of contract, except an (12) Unauthorized Use Of Another's Name Or implied contract to use another's advertising Product idea in your"advertisement". Arising out of the unauthorized use of (7) Quality Or Performance Of Goods— another's name or product in your e-mail Failure To Conform To Statements address, domain name or metatag, or any other similar tactics to mislead another's Arising out of the failure of goods, products potential customers. or services to conform with any statement of quality or performance made in your (13) Pollution "advertisement". Arising out of the actual, alleged or (8) Wrong Description Of Prices threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" Arising out of the wrong description of the at any time. price of goods, products or services stated in your"advertisement". CU 00 01 04 13 Page 7 of 19 IV Alaska National INSURANCE COMPANY (14) Employment-related Practices (f) Any health or therapeutic service To: treatment, advice or instruction; (a) A person arising out of any: (g) Any service, treatment, advice or instruction for the purpose of appearance (i) Refusal to employ that person; or skin enhancement, hair removal or (ii) Termination of that person's replacement, or personal grooming or employment; or therapy; (iii) Employment-related practices, (h) Any service, treatment, advice or policies, acts or omissions, such as instruction relating to physical fitness, coercion, demotion, evaluation, including service, treatment, advice or reassignment, discipline, defamation, instruction in connection with diet, harassment, humiliation, cardiovascular fitness, bodybuilding or discrimination or malicious physical training programs; prosecution directed at that person; or (i) Optometry or optical or hearing aid (b) The spouse, child, parent, brother or services including the prescribing, sister of that person as a consequence of preparation, fitting, demonstration or "personal and advertising injury" to that distribution of ophthalmic lenses and person at whom any of the employment- similar products or hearing aid devices; related practices described in Paragraph (j) Body piercing services; (i), (ii) or(iii) above is directed. (k) Services in the practice of pharmacy; This exclusion applies whether the injury- causing event described in Paragraph (i), (ii) (I) Law enforcement or firefighting services; or (iii) above occurs before employment, and during employment or after employment of (m) Handling, embalming, disposal, burial, that person. cremation or disinterment of dead bodies. This exclusion applies whether the insured This exclusion applies even if the claims may be liable as an employer or in any other against any insured allege negligence or capacity, and to any obligation to share other wrongdoing in the supervision, hiring, damages with or repay someone else who employment, training or monitoring of others must pay damages because of the injury. by that insured, if the offense which caused (15) Professional Services the "personal and advertising injury", involved the rendering of or failure to render Arising out of the rendering of or failure to any professional service. render any professional service. This includes but is not limited to: (16) War (a) Legal, accounting or advertising services; However caused, arising, directly or (b) Preparing, approving, or failing to prepare indirectly, out of: or approve, maps, shop drawings, (a) War, including undeclared or civil war; opinions, reports, surveys, field orders, (b) Warlike action by a military force, change orders or drawings or including action in hindering or defending specifications; against an actual or expected attack, by (c) Inspection, supervision, quality control, any government, sovereign or other architectural or engineering activities authority using military personnel or other done by or for you on a project on which agents; or you serve as construction manager; (c) Insurrection, rebellion, revolution, (d) Engineering services, including related usurped power, or action taken by supervisory or inspection services; governmental authority in hindering or (e) Medical, surgical, dental, X-ray or nursing defending against any of these. services treatment, advice or instruction; CU 00 01 04 13 Page 8 of 19 IV Alaska National INSURANCE COMPANY (17) Recording And Distribution Of Material Or f. Prejudgment interest awarded against the Information In Violation Of Law insured on that part of the judgment we pay. If Arising directly or indirectly out of any action we make an offer to pay the applicable limit of or omission that violates or is alleged to insurance, we will not pay any prejudgment violate: interest based on that period of time after the offer. (a) The Telephone Consumer Protection Act (TCPA), including any amendment of or g• All interest on the full amount of any judgment addition to such law; that accrues after entry of the judgment and before we have paid, offered to pay, or (b) The CAN-SPAM Act of 2003, including deposited in court the part of the judgment that any amendment of or addition to such is within the applicable limit of insurance. law; These payments will not reduce the limits of (c) The Fair Credit Reporting Act (FCRA), insurance. and any amendment of or addition to such law, including the Fair and Accurate 2. When we have the right but not the duty to defend Credit Transactions Act (FACTA); or the insured and elect to participate in the defense, we will pay our own expenses but will not contribute (d) Any federal, state or local statute, to the expenses of the insured or the "underlying ordinance or regulation, other than the insurer". TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that 3. If we defend an insured against a "suit" and an addresses, prohibits, or limits the printing, indemnitee of the insured is also named as a party dissemination, disposal, collecting, to the "suit", we will defend that indemnitee if all of recording, sending, transmitting, the following conditions are met: communicating or distribution of material a. The "suit" against the indemnitee seeks or information. damages for which the insured has assumed the b. "Pollution cost or expense". liability of the indemnitee in a contract or SUPPLEMENTARY PAYMENTS—COVERAGES A agreement that is an "insured contract"; AND B b. This insurance applies to such liability assumed 1. We will pay, with respect to any claim we by the insured; investigate or settle, or any "suit" against an insured c. The obligation to defend, or the cost of the we defend, when the duty to defend exists: defense of, that indemnitee, has also been assumed by the insured in the same "insured a. All expenses we incur. contract"; b. Up to $2,000 for cost of bail bonds (including d. The allegations in the "suit" and the information bonds for related traffic law violations) required we know about the "occurrence" are such that because of an "occurrence" we cover. We do no conflict appears to exist between the not have to furnish these bonds. interests of the insured and the interests of the c. The cost of bonds to release attachments, but indemnitee; only for bond amounts within the applicable limit e. The indemnitee and the insured ask us to of insurance. We do not have to furnish these conduct and control the defense of that bonds. indemnitee against such "suit" and agree that d. All reasonable expenses incurred by the insured we can assign the same counsel to defend the at our request to assist us in the investigation or insured and the indemnitee; and defense of the claim or "suit", including actual loss of earnings up to $250 a day because of time off from work. e. All court costs taxed against the insured in the "suit". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. CU 00 01 04 13 Page 9 of 19 IV Alaska National INSURANCE COMPANY f. The indemnitee: (3) A limited liability company, you are an (1) Agrees in writing to: insured. Your members are also insureds, but only with respect to the conduct of your (a) Cooperate with us in the investigation, business. Your managers are insureds, but settlement or defense of the "suit"; only with respect to their duties as your (b) Immediately send us copies of any managers. demands, notices, summonses or legal (4) An organization other than a partnership, papers received in connection with the joint venture or limited liability company, you "suit"; are an insured. Your "executive officers" and (c) Notify any other insurer whose coverage directors are insureds, but only with respect is available to the indemnitee; and to their duties as your officers or directors. (d) Cooperate with us with respect to Your stockholders are also insureds, but only coordinating other applicable insurance with respect to their liability as stockholders. available to the indemnitee; and (5) A trust, you are an insured. Your trustees are (2) Provides us with written authorization to: also insureds, but only with respect to their duties as trustees. (a) Obtain records and other information b. Each of the following is also an insured: related to the "suit"; and (b) Conduct and control the defense of the (1) Your "volunteer workers" only while performing duties related to the conduct of indemnitee in such "suit". your business, or your "employees", other So long as the above conditions are met, attorneys' than either your "executive officers" (if you fees incurred by us in the defense of that are an organization other than a partnership, indemnitee, necessary litigation expenses incurred joint venture or limited liability company) or by us and necessary litigation expenses incurred by your managers (if you are a limited liability the indemnitee at our request will be paid as company), but only for acts within the scope Supplementary Payments. Notwithstanding the of their employment by you or while provisions of Paragraph 2.b.(2) of Section I — performing duties related to the conduct of Coverage A — Bodily Injury And Property Damage your business. However, none of these Liability, such payments will not be deemed to be "employees" or "volunteer workers" are damages for "bodily injury" and "property damage" insureds for: and will not reduce the limits of insurance. (a) "Bodily injury" or "personal and Our obligation to defend an insured's indemnitee advertising injury": and to pay for attorneys' fees and necessary (i) To you, to your partners or members litigation expenses as Supplementary Payments (if you are a partnership or joint ends when we have used up the applicable limit of venture), to your members (if you are insurance in the payment of judgments or a limited liability company), to a co- settlements or the conditions set forth above, or the "employee" in the course of his or her terms of the agreement described in Paragraph f. employment or performing duties above, are no longer met. related to the conduct of your SECTION II—WHO IS AN INSURED business or to your other "volunteer 1. Except for liability arising out of the ownership, workers" while performing duties maintenance or use of"covered autos": related to the conduct of your a. If you are designated in the Declarations as: business; (ii) To the spouse, child, parent, brother (1) An individual, you and your spouse are or sister of that co-"employee" or insureds, but only with respect to the conduct "volunteer worker" as a consequence of a business of which you are the sole of Paragraph (a)(i) above; or owner. (2) A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. CU 00 01 04 13 Page 10 of 19 IV Alaska National INSURANCE COMPANY (iii) For which there is any obligation to 2. Only with respect to liability arising out of the share damages with or repay ownership, maintenance or use of"covered autos": someone else who must pay a. You are an insured. damages because of the injury described in Paragraph (a)(i) or (ii) b. Anyone else while using with your permission a above. "covered auto" you own, hire or borrow is also (b) "Property damage" to property: an insured except: (i) Owned, occupied or used by; (1) The owner or anyone else from whom you hire or borrow a "covered auto". This (ii) Rented to, in the care, custody or exception does not apply if the "covered control of, or over which physical auto" is a trailer or semitrailer connected to a control is being exercised for any "covered auto" you own. purpose by; (2) Your "employee" if the "covered auto" is you, any of your "employees", "volunteer owned by that "employee" or a member of workers", any partner or member (if you his or her household. are a partnership or joint venture), or any (3) Someone using a "covered auto" while he or member (if you are a limited liability she is working in a business of selling, company). servicing p re airin g arkin or storing (2) Any person (other than your "employee" or "autos" unless that business is yours. "volunteer worker"), or any organization while acting as your real estate manager. (4) Anyone other than your "employees", (3) Any person or organization having proper partners (if you are a partnership), members temporary custody of your property if you (if you are a limited liability company), or a die, but only: lessee or borrower or any of their "employees", while moving property to or (a) With respect to liability arising out of the from a "covered auto". maintenance or use of that property; and b Until our legal representative has been (5) A partner (if you are a partnership), or a ( ) Y 9 P member (if you are a limited liability appointed. company)for a "covered auto" owned by him (4) Your legal representative if you die, but only or her or a member of his or her household. with respect to duties as such. That (6) "Employees"with respect to"bodily injury" to: representative will have all your rights and (a) Any fellow "employee" of the insured duties under this Coverage Part. arising out of and in the course of the c. Any organization you newly acquire or form, fellow "employee's" employment or while other than a partnership, joint venture or limited performing duties related to the conduct liability company, and over which you maintain of your business; or ownership or majority interest, will qualify as a Named Insured if there is no other similar (b) The spouse, child, parent, brother or insurance available to that organization. sister of that fellow employee as a However: consequence of Paragraph (a) above. (1) Coverage under this provision is afforded c. Anyone liable for the conduct of an insured only until the 90th day after you acquire or described above is also an insured, but only to form the organization or the end of the policy the extent of that liability. period, whichever is earlier; (2) Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and (3) Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. CU 00 01 04 13 Page 11 of 19 IV Alaska National INSURANCE COMPANY 3. Any additional insured under any policy of 5. If there is "underlying insurance" with a policy "underlying insurance" will automatically be an period that is nonconcurrent with the policy period insured under this insurance. of this Commercial Liability Umbrella Coverage Subject to Section III — Limits Of Insurance, if Part, the "retained limit(s)" will only be reduced or coverage provided to the additional insured is exhausted by payments for: required by a contract or agreement, the most we a. "Bodily injury" or "property damage" which will pay on behalf of the additional insured is the occurs during the policy period of this Coverage amount of insurance: Part; or a. Required by the contract or agreement, less any b. "Personal and advertising injury" for offenses amounts payable by any "underlying insurance"; that are committed during the policy period of or this Coverage Part. b. Available under the applicable Limits of However, if any "underlying insurance" is written on Insurance shown in the Declarations; a claims-made basis, the "retained limit(s)" will only whichever is less. be reduced or exhausted by claims for that insurance that are made during the policy period, or Additional insured coverage provided by this any Extended Reporting Period, of this Coverage insurance will not be broader than coverage Part. provided by the "underlying insurance". The Aggregate Limit, as described in Paragraph 2. No person or organization is an insured with respect to above, applies separately to each consecutive annual the conduct of any current or past partnership, joint period and to any remaining period of less than 12 venture or limited liability company that is not shown as months, starting with the beginning of the policy period a Named Insured in the Declarations. shown in the Declarations, unless the policy period is SECTION III— LIMITS OF INSURANCE extended after issuance for an additional period of less 1. The Limits of Insurance shown in the Declarations than 12 months. In that case, the additional period will and the rules below fix the most we will pay be deemed part of the last preceding period for regardless of the number of: purposes of determining the Limits of Insurance. a. Insureds; SECTION IV—CONDITIONS b. Claims made, "suits" brought, or number of 1. Appeals vehicles involved; or If the "underlying insurer" or insured elects not to c. Persons or organizations making claims or appeal a judgment in excess of the "retained limit", bringing "suits". we may do so at our own expense. We will also pay for taxable court costs, pre- and postjudgment 2. The Aggregate Limit is the most we will pay for the interest and disbursements associated with such sum of all "ultimate net loss" under: appeal. In no event will this provision increase our a. Coverage A, except "ultimate net loss" because liability beyond the applicable Limits of Insurance of "bodily injury" or "property damage" arising described in Section III — Limits Of Insurance. out of the ownership, maintenance or use of a 2. Bankruptcy "covered auto"; and a. Bankruptcy Of Insured b. Coverage B. Bankruptcy or insolvency of the insured or of the 3. Subject to Paragraph 2. above, the Each insured's estate will not relieve us of our Occurrence Limit is the most we will pay for the obligations under this Coverage Part. sum of all "ultimate net loss" under Coverage A because of all "bodily injury" and "property damage" arising out of any one "occurrence". 4. Subject to Paragraph 2. above, the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all "ultimate net loss" because of all "personal and advertising injury" sustained by any one person or organization. CU 00 01 04 13 Page 12 of 19 IV Alaska National INSURANCE COMPANY b. Bankruptcy Of Underlying Insurer 4. Legal Action Against Us Bankruptcy or insolvency of the "underlying No person or organization has a right under this insurer" will not relieve us of our obligations Coverage Part: under this Coverage Part. a. To join us as a party or otherwise bring us into a However, this insurance will not replace the "suit" asking for damages from an insured; or "underlying insurance" in the event of bankruptcy or b. To sue us on this Coverage Part unless all of its insolvency of the "underlying insurer". This terms have been fully complied with. insurance will apply as if the "underlying insurance" were in full effect. A person or organization may sue us to recover on an agreed settlement or on a final judgment against 3. Duties In The Event Of Occurrence, Offense, an insured; but we will not be liable for damages Claim Or Suit that are not payable under the terms of this a. You must see to it that we are notified as soon Coverage Part or that are in excess of the as practicable of an "occurrence" or an offense, applicable limit of insurance. An agreed settlement regardless of the amount, which may result in a means a settlement and release of liability signed claim. To the extent possible, notice should by us, the insured and the claimant or the include: claimant's legal representative. (1) How, when and where the "occurrence" or 5. Other Insurance offense took place; a. This insurance is excess over, and shall not (2) The names and addresses of any injured contribute with any of the other insurance, persons and witnesses; and whether primary, excess, contingent or on any (3) The nature and location of any injury or other basis. This condition will not apply to damage arising out of the "occurrence" or insurance specifically written as excess over this offense. Coverage Part. b. If a claim is made or "suit" is brought against When this insurance is excess, we will have no any insured, you must: duty under Coverages A or B to defend the (1) Immediately record the specifics of the claim insured against any "suit" if any other insurer or"suit" and the date received; and has a duty to defend the insured against that "suit". If no other insurer defends, we will (2) Notify us as soon as practicable. undertake to do so, but we will be entitled to the You must see to it that we receive written notice insured's rights against all those other insurers. of the claim or"suit" as soon as practicable. b. When this insurance is excess over other c. You and any other involved insured must: insurance, we will pay only our share of the (1) Immediately send us copies of any demands, "ultimate net loss"that exceeds the sum of: notices, summonses or legal papers (1) The total amount that all such other received in connection with the claim or insurance would pay for the loss in the "suit"; absence of the insurance provided under this (2) Authorize us to obtain records and other Coverage Part; and information; (2) The total of all deductible and self-insured amounts under all that other insurance. (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. CU 00 01 04 13 Page 13 of 19 IV Alaska National INSURANCE COMPANY 6. Premium Audit 10.When We Do Not Renew a. We will compute all premiums for this Coverage If we decide not to renew this Coverage Part, we Part in accordance with our rules and rates. will mail or deliver to the first Named Insured shown b. Premium shown in this Coverage Part as in the Declarations written notice of the nonrenewal advance premium is a deposit premium only. At not less than 30 days before the expiration date. the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficient the earned premium for that period and send proof of notice. notice to the first Named Insured. The due date 11.Loss Payable for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of Liability under this Coverage Part does not apply to the advance and audit premiums paid for the a given claim unless and until: policy period is greater than the earned a. The insured or insured's "underlying insurer" has premium, we will return the excess to the first become obligated to pay the "retained limit"; and Named Insured. b. The obligation of the insured to pay the "ultimate c. The first Named Insured must keep records of net loss" in excess of the "retained limit" has the information we need for premium been determined by a final settlement or computation, and send us copies at such times judgment or written agreement among the as we may request. insured, claimant and us. 7. Representations Or Fraud 12.Transfer Of Defense By accepting this policy, you agree: When the underlying limits of insurance have been a. The statements in the Declarations are accurate used up in the payment of judgments or and complete; settlements, the duty to defend will be transferred to us. We will cooperate in the transfer of control to us b. Those statements are based upon of any outstanding claims or "suits" seeking representations you made to us; damages to which this insurance applies which c. We have issued this policy in reliance upon your would have been covered by the "underlying representations; and insurance" had the applicable limit not been used d. This policy is void in any case of fraud by you as up. it relates to this policy or any claim under this 13.Maintenance Of/Changes To Underlying policy. Insurance 8. Separation Of Insureds Any "underlying insurance" must be maintained in Except with respect to the Limits of Insurance, and full effect without reduction of coverage or limits any rights or duties specifically assigned in this except for the reduction of the aggregate limit in Coverage Part to the first Named Insured, this accordance with the provisions of such "underlying insurance applies: insurance" that results from payment of claims, settlement or judgments to which this insurance a. As if each Named Insured were the only Named applies. Insured; and Such exhaustion or reduction is not a failure to b. Separately to each insured against whom claim maintain "underlying insurance". Failure to maintain is made or"suit" is brought. "underlying insurance" will not invalidate insurance 9. Transfer Of Rights Of Recovery Against Others provided under this Coverage Part, but insurance To Us provided under this Coverage Part will apply as if If the insured has rights to recover all or part of any the "underlying insurance"were in full effect. payment we have made under this Coverage Part, If there is an increase in the scope of coverage of those rights are transferred to us. The insured must any "underlying insurance" during the term of this do nothing after loss to impair them. At our request, policy, our liability will be no more than it would the insured will bring "suit" or transfer those rights have been if there had been no such increase. to us and help us enforce them. CU 00 01 04 13 Page 14 of 19 IV Alaska National INSURANCE COMPANY You must notify us in writing, as soon as SECTION V— DEFINITIONS practicable, if any "underlying insurance" is 1. "Advertisement" means a notice that is broadcast or cancelled, not renewed, replaced or otherwise published to the general public or specific market terminated, or if the limits or scope of coverage of segments about your goods, products or services any"underlying insurance" is changed. for the purpose of attracting customers or 14.Expanded Coverage Territory supporters. For the purposes of this definition: a. If a "suit" is brought in a part of the "coverage a. Notices that are published include material territory" that is outside the United States of placed on the Internet or on similar electronic America (including its territories and means of communication; and possessions), Puerto Rico or Canada, and we b. Regarding web sites, only that part of a web site are prevented by law, or otherwise, from that is about your goods, products or services defending the insured, the insured will initiate a for the purposes of attracting customers or defense of the "suit". We will reimburse the supporters is considered an advertisement. insured, under Supplementary Payments, for any reasonable and necessary expenses 2. "Auto" means: incurred for the defense of a "suit" seeking a. A land motor vehicle, trailer or semitrailer damages to which this insurance applies, that designed for travel on public roads, including we would have paid had we been able to any attached machinery or equipment; or exercise our right and duty to defend. b. Any other land vehicle that is subject to a If the insured becomes legally obligated to pay compulsory or financial responsibility law or sums because of damages to which this other motor vehicle insurance law where it is insurance applies in a part of the "coverage licensed or principally garaged. territory" that is outside the United States of However, "auto" does not include "mobile America (including its territories and possessions), Puerto Rico or Canada, and we equipment". are prevented by law, or otherwise, from paying 3. "Bodily injury" means bodily injury, disability, such sums on the insured's behalf, we will sickness or disease sustained by a person, reimburse the insured for such sums. including death resulting from any of these at any b. All payments or reimbursements we make for time. "Bodily injury" includes mental anguish or damages because of judgments or settlements other mental injury resulting from "bodily injury". will be made in U.S. currency at the prevailing 4. "Coverage territory" means anywhere in the world exchange rate at the time the insured became with the exception of any country or jurisdiction legally obligated to pay such sums. All payments which is subject to trade or other economic sanction or reimbursements we make for expenses under or embargo by the United States of America. Supplementary Payments will be made in U.S. 5. "Covered auto" means only those "autos" to which currency at the prevailing exchange rate at the "underlying insurance" applies. time the expenses were incurred. 6. "Employee" includes a "leased worker". "Employee" c. Any disputes between you and us as to whether does not include a "temporary worker". there is coverage under this policy must be filed 7 "Executive officer" means a person holding any of in the courts of the United States of America the officer positions created by your charter, (including its territories and possessions), constitution, bylaws or any other similar governing Canada or Puerto Rico. document. d. The insured must fully maintain any coverage g. "Impaired property" means tangible property, other required by law, regulation or other than "your product" or "your work", that cannot be governmental authority during the policy period, used or is less useful because: except for reduction of the aggregate limits due to payments of claims, judgments or a. It incorporates "your product" or "your work" that settlements. is known or thought to be defective, deficient, Failure to maintain such coverage required by inadequate or dangerous; or law, regulation or other governmental authority b. You have failed to fulfill the terms of a contract will not invalidate this insurance. However, this or agreement; insurance will apply as if the required coverage by law, regulation or other governmental authority was in full effect. CU 00 01 04 13 Page 15 of 19 IV Alaska National INSURANCE COMPANY if such property can be restored to use by the (3) That holds a person or organization engaged repair, replacement, adjustment or removal of "your in the business of transporting property by product"or"your work", or your fulfilling the terms of "auto" for hire harmless for your use of a the contract or agreement. "covered auto" over a route or territory that 9. "Insured contract" means: person or organization is authorized to serve a. A contract for a lease of premises. However, by public authority. that portion of the contract for a lease of 10."Leased worker" means a person leased to you by premises that indemnifies any person or a labor leasing firm under an agreement between organization for damage by fire to premises you and the labor leasing firm, to perform duties while rented to you or temporarily occupied by related to the conduct of your business. "Leased you with permission of the owner is not an worker" does not include a "temporary worker". "insured contract"; 11."Loading or unloading" means the handling of b. A sidetrack agreement; property: c. Any easement or license agreement, except in a. After it is moved from the place where it is connection with construction or demolition accepted for movement into or onto an aircraft, operations on or within 50 feet of a railroad; watercraft or"auto'; d. An obligation, as required by ordinance, to b. While it is in or on an aircraft, watercraft or indemnify a municipality, except in connection "auto'; or with work for a municipality; c. While it is being moved from an aircraft, e. An elevator maintenance agreement; watercraft or "auto' to the place where it is if. That part of any contract or agreement entered finally delivered; into, as part of your business, pertaining to the but "loading or unloading" does not include the rental or lease, by you or any of your movement of property by means of a mechanical "employees", of any "auto'. However, such device, other than a hand truck, that is not attached contract or agreement shall not be considered to the aircraft, watercraft or"auto'. an "insured contract' to the extent that it 12."Mobile equipment' means any of the following obligates you or any of your "employees" to pay types of land vehicles, including any attached for "property damage" to any "auto' rented or machinery or equipment: leased by you or any of your"employees". a. Bulldozers, farm machinery, forklifts and other g. That part of any other contract or agreement vehicles designed for use principally off public pertaining to your business (including an roads; indemnification of a municipality in connection b. Vehicles maintained for use solely on or next to with work performed for a municipality) under premises you own or rent; which you assume the tort liability of another party to pay for "bodily injury" or "property c. Vehicles that travel on crawler treads; damage" to a third person or organization. Tort d. Vehicles, whether self-propelled or not, liability means a liability that would be imposed maintained primarily to provide mobility to by law in the absence of any contract or permanently mounted: agreement. (1) Power cranes, shovels, loaders, diggers or Paragraphs if. and g. do not include that part of any drills; or contract or agreement: (2) Road construction or resurfacing equipment (1) That indemnifies a railroad for "bodily injury" such as graders, scrapers or rollers; or "property damage" arising out of e. Vehicles not described in Paragraph a., b., c. or construction or demolition operations, within d. above that are not self-propelled and are 50 feet of any railroad property and affecting maintained primarily to provide mobility to any railroad bridge or trestle, tracks, road- permanently attached equipment of the following beds, tunnel, underpass or crossing; types: (2) That pertains to the loan, lease or rental of an "auto' to you or any of your "employees", if the "auto' is loaned, leased or rented with a driver; or CU 00 01 04 13 Page 16 of 19 IV Alaska National INSURANCE COMPANY (1) Air compressors, pumps and generators, if. The use of another's advertising idea in your including spraying, welding, building "advertisement"; or cleaning, geophysical exploration, lighting g. Infringing upon another's copyright, trade dress and well servicing equipment; or or slogan in your"advertisement". (2) Cherry pickers and similar devices used to 15."Pollutants" mean any solid, liquid, gaseous or raise or lower workers; thermal irritant or contaminant, including smoke, if. Vehicles not described in Paragraph a., b., c. or vapor, soot, fumes, acids, alkalis, chemicals and d. above maintained primarily for purposes other waste. Waste includes materials to be recycled, than the transportation of persons or cargo. reconditioned or reclaimed. However, self-propelled vehicles with the 16."Pollution cost or expense" means any loss, cost or following types of permanently attached expense arising out of any: equipment are not "mobile equipment" but will a. Request, demand, order or statutory or be considered "autos": regulatory requirement that any insured or (1) Equipment designed primarily for: others test for, monitor, clean up, remove, (a) Snow removal; contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, (b) Road maintenance, but not construction "pollutants"; or or resurfacing; or (c) Street cleaning; b. Claim or suit by or on behalf of a governmental authority for damages because of testing for, (2) Cherry pickers and similar devices mounted monitoring, cleaning up, removing, containing, on automobile or truck chassis and used to treating, detoxifying or neutralizing, or in any raise or lower workers; and way responding to, or assessing the effects of, (3) Air compressors, pumps and generators, "pollutants". including spraying, welding, building 17."Prod ucts-com pleted operations hazard": cleaning, geophysical exploration, lighting a. Includes all "bodily injury" and "property and well servicing equipment. damage" occurring away from premises you However, "mobile equipment" does not include own or rent and arising out of "your product" or land vehicles that are subject to a compulsory or "your work" except: financial responsibility law or other motor vehicle (1) Products that are still in your physical insurance law where it is licensed or principally possession; or garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor (2) Work that has not yet been completed or vehicle insurance law are considered "autos". abandoned. However, "your work" will be deemed completed at the earliest of the 13."Occurrence" means an accident, including following times: continuous or repeated exposure to substantially the same general harmful conditions. (a) When all of the work called for in your contract has been completed. 14."Personal and advertising injury" means injury, including consequential "bodily injury", arising out of (b) When all of the work done at the job one or more of the following offenses: site has been completed if your contract calls for work at more than one job site. a. False arrest, detention or imprisonment; (c) When that part of the work done at a job b. Malicious prosecution; site has been put to its intended use by c. The wrongful eviction from, wrongful entry into, any person or organization other than or invasion of the right of private occupancy of a another contractor or subcontractor room, dwelling or premises that a person working on the same project. occupies, committed by or on behalf of its Work that may need service, maintenance, owner, landlord or lessor; correction, repair or replacement, but which d. Oral or written publication, in any manner, of is otherwise complete, will be treated as material that slanders or libels a person or completed. organization or disparages a person's or organization's goods, products or services; e. Oral or written publication, in any manner, of material that violates a person's right of privacy; CU 00 01 04 13 Page 17 of 19 IV Alaska National INSURANCE COMPANY b. Does not include "bodily injury" or "property 21."Suit" means a civil proceeding in which damages damage" arising out of: because of "bodily injury", "property damage" or (1) The transportation of property, unless the "personal and advertising injury" to which this injury or damage arises out of a condition in insurance applies are alleged. "Suit" includes: or on a vehicle not owned or operated by a. An arbitration proceeding in which such you, and that condition was created by the damages are claimed and to which the insured "loading or unloading" of that vehicle by any must submit or does submit with our consent; or insured; or b. Any other alternative dispute resolution (2) The existence of tools, uninstalled equipment proceeding in which such damages are claimed or abandoned or unused materials. and to which the insured submits with our 18."Property damage" means: consent or the "underlying insurer's" consent. a. Physical injury to tangible property, including all 22•"Temporary worker" means a person who is resulting loss of use of that property. All such furnished to you to substitute for a permanent loss of use shall be deemed to occur at the time "employee" on leave or to meet seasonal or short- of the physical injury that caused it; or term workload conditions. b. Loss of use of tangible property that is not 23."Ultimate net loss" means the total sum, after physically injured. All such loss of use shall be reduction for recoveries or salvages collectible, that deemed to occur at the time of the "occurrence" the insured becomes legally obligated to pay as that caused it. damages by reason of settlement or judgments or any arbitration or other alternate dispute method With respect to the ownership, maintenance or use entered into with our consent or the "underlying of "covered autos", property damage also includes insurer's" consent. "pollution cost or expense", but only to the extent that coverage exists under the "underlying 24."Underlying insurance" means any policies of insurance" or would have existed but for the insurance listed in the Declarations under the exhaustion of the underlying limits. Schedule of"underlying insurance". For the purposes of this insurance, with respect to 25."Underlying insurer" means any insurer who other than the ownership, maintenance or use of provides any policy of insurance listed in the "covered autos", electronic data is not tangible Schedule of"underlying insurance". property. 26."Volunteer worker" means a person who is not your As used in this definition, electronic data means "employee", and who donates his or her work and information, facts or programs stored as or on, acts at the direction of and within the scope of created or used on, or transmitted to or from duties determined by you, and is not paid a fee, computer software (including systems and salary or other compensation by you or anyone else applications software), hard or floppy disks, CD- for their work performed for you. ROMs, tapes, drives, cells, data processing devices 27."Your product": or any other media which are used with a. Means: electronically controlled equipment. (1) Any goods or products, other than real 19."Retained limit" means the available limits of property, manufactured, sold, handled, "underlying insurance" scheduled in the distributed or disposed of by: Declarations or the "self-insured retention", whichever applies. (a) You; 20."Self-insured retention" means the dollar amount (b) Others trading under your name; or listed in the Declarations that will be paid by the (c) A person or organization whose business insured before this insurance becomes applicable or assets you have acquired; and only with respect to "occurrences" or offenses not (2) Containers (other than vehicles), materials, covered by the "underlying insurance". The "self- parts or equipment furnished in connection insured retention" does not apply to "occurrences" with such goods or products. or offenses which would have been covered by "underlying insurance" but for the exhaustion of applicable limits. CU 00 01 04 13 Page 18 of 19 IV Alaska National INSURANCE COMPANY b. Includes: b. Includes: (1) Warranties or representations made at any (1) Warranties or representations made at any time with respect to the fitness, quality, time with respect to the fitness, quality, durability, performance or use of "your durability, performance or use of"your work"; product"; and and (2) The providing of or failure to provide (2) The providing of or failure to provide warnings or instructions. warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 28."Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. © Insurance Services Office, Inc., 2012 CU 00 01 04 13 Page 19 of 19 ErBS1 February 12, 2026 8100 NE Parkway Drive,Suite 200 Vancouver,WA 98662 360.828.0700--www.BBSI.com 900796 INSURED: Pilot Rock Excavation, Inc. Client Address: 356 Bateman Dr Central Point, OR 97502 Re: Barrett Business Services, Inc. ("BBSI") Letter of Self-Insurance for Workers' Compensation Coverage As the named addressee of this letter, your company's required Workers' Compensation coverage is provided through BBSI's state-approved Self-Insured Workers' Compensation Plan by way of your co- employment contract with BBSI. Additional information is as follows: State: Oregon Self-Insurance Certification #: 1068 Workers' Compensation Limits: Statutory Certificate Holder: City of Ashland 20 East Main St Ashland, OR 97520 ✓� Effective Dates: 11/1/2003 through 4/30/2027 ✓� Project Information: All Operations ❑ 30-Day Cancellation Notice ❑ Blanket Waiver of Subrogation ❑ Specific Waiver of Subrogation in favor of: Additionally, BBSI's Self-Insured program is further supported by an excess workers' compensation insurance policy with ACE American Insurance Co. Copy of certificate is available upon request. For additional information, please contact your local BBSI office at: Medford Best Regards, 2045 Cardinal Ave Suite 100, Medford, OR 97504 Gary Kramer President and Chief Executive Officer Rev 1.4_1.16.25