THE HANOVER INSURANCE GROUP, INC. F/K/A ALLMERICA FINANCIAL BENEFIT INSURANCE COMPANY v. PRINCETON EXCESS AND SURPLUS LINE INSURANCE COMPANY et al, 158352/2014, 27 (N.Y. Sup. Ct., New York County Oct. (2024)

`

`INTRODUCTION
`
`..
`
`TRAVELERSJ
`
`This policy protects against a variety of
`losses. There are also some restrictions.
`We'IIB written this policy in plain, easy-to-
`understand English. We encourage you to
`read it carefully to determine what is and
`what Is not covered, as well as the rights
`and duties .of those protected.
`
`Policy Number. CK09009557
`
`NEW YORK
`SUITE 400
`485 LEXINGTON AVE
`NEW YORK NY 10017-2630
`
`In return for your premium, we'll provide the
`protection stated in this policy.
`
`We, us, our, and ours mean Sl Paul Fire and
`Marine Insurance Company. We're a capital
`stock company located in S1. Paul,
`Mìnnesoti1.
`
`The words you. your, and yours mean the
`insure d named here, whi c:h is a
`Nor FOR PROFIT ORG.
`HOSPITAL AUDIENCES. INC.
`.548 BROADWAY
`NEW YORK NY 10012-3950
`
`Your policy is composed of General Rules,
`an explanation of What To Do If You Have
`A Loss, one or more Coverage Summaries,
`and one or more InsurIng Agreements
`expliiìning your coverege. It may also
`include one or more endorsem*nts.
`Endorsem*nts are documents that change
`your policy. The Policy Forms list shows
`atl the forms included when this policy
`begins.
`One of our authorized representatives will
`also countersign the policy. .
`This policy will begin on 08/02/11
`and will continue until 08/02/12
`Your former polley number is automatically
`replaced: CKD9008616
`Your premium for the policy period
`shown is: $51,581.00
`
`However, please refer to the Premiums
`section of the General Rules to see how
`final premiums are determined.
`NEW YORK
`INSURANCE FEE $117.94
`
`Our authorized representative Is:
`3171070
`ARTHUR J GALLAGHER RMS
`444 MAISON AVE 20TH FL
`NEW YORK NY 10022
`
`Authorrzed Representative
`
`Date
`
`- ~~~'_, .
`
`ú1 t \f. .
`~ Se~ti:
`
`processing Date 08/05/11 11: 42 001
`40800 Ed. 5-87 Introduction
`
`Cl 1987 The Travelers Indemnìty Company, All rights reserved.
`
`Page
`
`1
`
`TRAVELERS DOC MGM T00002
`
`

`

`POLICY FORM LIST
`
`Here's a list of all forms included in your
`policy, on the date shown below. These
`forms are listed in the same order as they
`appear in your policy.
`. .'.-æ
`
`..
`
`TRAVELERSJ
`
`Title
`Disclosure Notice TerrorLsm Risk Insurance Act Of 2002
`Introduction - St. Paul Fire And Marine Insurance Company
`Policy Form List
`General Rules
`New York Required Endorsem*nt
`New York Transfer Of Defense Endorsem*nt
`Commercial Auto Required Endorsem*nt - New York
`What To Do If You Have A Loss
`CAP On Losses From Certified Acts Of rerroris~ Endorsem*nt
`Standard Fire Policy Supplement - New York
`Property Protect~on Coverage Summary
`Property Protection Additional Benefits Coverage Sum~ary
`Summary
`Travelers Property Protection
`Protective Safeguards Endorsem*nt - New York
`Property Deductible Endorsem*nt
`Business Income And Extra Expense Endorsem*nt
`Virus Or Bacteria Exclusion Endorsem*nt
`Hold Exclusion End~rsem*nt With Exception For Causes Of Loss
`Not Otherwise Excluded - New Yorl
`Commercial Fine Arts Property Protection
`Computer Property Protection Coverage Summary
`Computer Property Protection
`Random Attack - Hacking Event Or Computer Virus Exclusion
`Endorsel1ent
`Com~eTcial General Liabi Ii ty Protection Coverage Summary
`Commerci al General Liabi 1i ty Prot ection Es timat ed Premium
`Summary
`CO~8rcial General Liability Protection
`New Yorl Asbestos Eic'clusion Endorseiient
`Aircraft i Claims Or Sui ts By Ins ureds Again! t 0 ther Named
`Insureds, & Explosives. Fireworks, or Incendiary
`Devises. . ,.
`Persons Or Organizat ions Required Under Con tr act Or
`Agreement Endorsem*nt-Addi tional Protected Persons
`Change Of Limits' Endorsem*nt-General Total Limit
`Applies Per Concert Or Special Event
`Unsolicited Communication Exclusion Endors~ent
`Described Operations Limitation Endorsem*nt
`Of Entertainment Limi tation Endorsem*nt
`Field
`Informational Content Limitation Endorsem*nt
`Medical Expenses Exclusion Endorsem*nt
`Property Damage Change And Intellectual Property Exclusion
`Endor s ement
`Earlier Notice Of Cancellation Or Nonrenewal By Us
`Endorsem*n t
`
`Form Number
`00100
`40800
`40705
`40701
`40544
`47295
`44236
`40814
`00144
`42661
`42563
`F0029
`
`Edition Date
`
`03-09
`05-87
`05-84
`08-03
`03-11
`10-92
`03-11
`OB-03
`01-08
`11-90
`04-06
`04-06
`
`04-06
`02-90
`11-86
`04-06
`03-07
`02-09
`
`03-80
`07-01
`07-01
`11-03
`
`01-96
`04-94
`
`01-01
`07-02
`01-07
`
`12-97
`
`12-97
`
`08-04
`12-97
`12-97
`12-97
`06-96
`07-01
`
`10-97
`
`42700
`42483
`42348
`42626
`F0459
`F05l4
`
`421.50
`42441
`42441
`F0376
`
`47110
`43492
`
`47500
`G0496
`L0603
`
`L0085
`
`L0075
`
`G0692
`L0081
`L0077
`LOOn
`G0167
`G0467
`
`43704
`
`ii
`Effective Date 08/02/11
`Processing Date 08/05/11 11:42 001
`40705 Ed. 5-84 Form List
`o 1984 The Travelers Indemnity Company~ All rights r8served.
`
`Name of Insured Policy Number CK09009557
`HOSPITAL AUDIENCES J IKC.
`
`Page
`
`1
`
`TRAVELERS DOC HGMT00003
`
`

`

`Emplo~ent-Related Pra~tices Exclusion Endorsem*nt
`Sexual Abuse Exclusion Endorsem*nt
`Hazardous Activities Exclusion Endorsem*nt
`Employee Benefit Plans Administration Liability Protection
`-Claims-Made Coverage Summary
`Employee Benefit Plans Administration Liability Protection
`-Claims-Made
`Employment-Related Practices Exc1~sion Endorsem*nt -
`Employee Benefit Plans Adm.inistration Liability
`New York Required Claims-Hade Endorsem*nt - E~pioyee Benefi t
`Plans Admini s trat ion Liabi 1 i ty
`Auto Coverage S~ary
`Premium Adjustr.ent Summary
`NY Mandatory Personal Injury Protection & Supplementary
`Uninsured/Underinsured Hotorists Coverage Summary
`Auto Schedule
`Auto Liability Protection (applicable in New York)
`Republic Of Mexico Auto Liability Coverage Endorsem*nt
`Autos Rented By Employees Endorsem*nt
`Mobile Equipment Broadeiiin¡r Endorsem*nt
`New York Supplementary Uninsured/Underinsured Motoris ts
`Protection
`Personal Injury Protection Coverage - New York
`Auto- Medical Payments Protection (applicable in New York)
`Republic Of Mexico Auto Physical Damage Coverage Endorsem*nt
`Auto Physical Damale Protection (applicable in New Yorx)
`Rental Reimbursem*nt Coverage Endorsem*nt
`Nonowned And Hired Auto Physical Damage Endorsem*nt - New
`York
`
`47153
`43928
`L0653
`43532
`
`43475
`
`L0436
`
`POBS
`
`44265
`L0524
`44326
`
`44228
`44003
`AOl36
`A0173
`44310
`44497
`
`44114
`44012
`A0139
`44002
`44159
`A0161
`
`09-01
`01-01
`09-06
`01-96
`
`01-96
`
`09-01
`
`01-96
`
`12-83
`05-03
`10-99
`
`12-83
`03-83
`08-98
`12-99
`01-86
`11.-99
`
`07-02
`02-83
`08-98
`05-83
`12-83
`09-98
`
`40705 Ed. 5-84
`Page 2
`
`ti 1984 The Travelers Indemnity Company. All rights reserved.
`
`TRAVELERS DOC MGMT00004
`
`

`

`DISCLOSURE NOTICE
`TERRORISM RISK INSURANCE ACT OF 2002
`
`On December 26, 2007, the President of the United States signed into law amendments to
`the Terrorism Risk Insurance Act of 2002 (the" Act'') which, among other things, extend the
`Act and expand its scope. The Act establishes a program under Which the Federal
`Government may partially reimburse "Insured Losses" (as defined in the Act) cau9td by
`"acts of terrorism", An "act of terrorism" is defIned In SectIon 102(1 of the Act to mean
`any act that is certif ied by the Secretary of the Treasury - in concurrence with the
`Secretary of State and the Attorney General of the Uni ted States - to be an act of
`terrorism; to be a violent acl or an act that is dangerous to human life, property. or
`infrastructure; to have resulted in damage within the United States, or outside the United
`States in the case of certain air carriers or vessels or the premises of a United Slates
`Mission; end to have been committed by an individual or individuals as part of an effort to
`coerce the civilian population. of the United States or to influence the polley or affect the
`conduct of the United States Government by coercion.
`
`The federal government's share of compensation for Insured losses ís 85% of the amount
`of Insured Losses In excess of each Insurer's statutorIly established deductible, subject to
`the "Program Trigger", (as defined In the ActJ. In no event, however, will the federal
`government or any Insurer be required to pay any pertlon of the amount of aggregate
`Insured Losses occurring In anyone year that exceeds $100,000,000,000, provided that such
`Insurer has met its deductible. If aggregate Insured Losses exceed $100,000,000,000 in any
`one year, your coverage may therefore be reduced.
`
`The premium charge shown below Is for col/erage under this policy for insured losses
`covered by the Act. This terrorism premium does not include any charges for the portion
`of insured losses covered by the federal government under the Act.
`
`If $0 is shown below for the certified acts of terrorÎsm premium charge, this polIcy
`provides such terrorism coverage for no premium charge. .
`
`The certified acts of terrorism premium charge shown below applies to all coverage under
`this policy for Insured Losses covered by the Act that you purchased for a premium charge.
`For any insuring agreement or coverage part for which you did not purchase such terrorism
`coverage, this policy may Include one or more terrori sm exclusions that apply to certified
`acts of terrorism. Under the federal Terrorism Risk. Insurance Program'Reauthorlzation Act
`of 2007, the applicable definition of certified acts of terrorism no longer requires that the
`act of terrorism be commilled on behalf of a foreIgn person or foreign Interest. Therefore,
`each such exclusion is not limited to an act of terrorism committed on behalf of a foreign
`person or interest.
`
`Name of Insured: HOSPITAL AUDIENCES, INC.
`
`Polley Number: CK09009557
`
`Effective Date: 08/02/11
`
`Certified Acts Of Terrorism Premium Charge:
`
`S1, 01 1. 00
`
`ProcessIng Date: 08/05/11 11:42 001
`
`DO 1 00 Rev. 3-09
`
`Page , of 1
`
`TRAVELERS DOC MGMT00005
`
`

`

`GENERAL RULES
`
`This form contains various rules that apply to
`your policy. It and the rest of your poircy
`should be read carefully to determine:
`
`. the extent of the coverage provlded by your
`policy; and
`
`. the fights and duties of you and any other
`person or organization protected under your
`policy.
`
`Table Q f Contents
`
`Page PolicV Period
`
`Poltcy Period 1
`Named Insured 1
`Special Rights And Duties Of The First
`Polìcy Changes 1
`Premiums 2
`Estimates. 2
`Your bill. 2
`Additional or return premium. 2
`Our Right To Inspect And Audit 3
`Cancellation 3
`By us. :3
`By the first named Insured. 3
`Return premium.. 3
`Fraud And Misrepresentation 4
`If you commit fraud or
`misrepresentation. 4
`If other persons or organizations
`commit fraud or misrepresentation. 4
`Unintentional errors or omissions. 4
`Assignments And Transfers 4
`Lawsuits Against Us 5
`If your policy provides property or
`other first-party protection. 5
`protection. 5
`If your policy provides liability
`Party Protection 5
`Liabilty Protection 6
`Your Policy 6
`
`Bankruptcy Or Insolvency Of Any Person
`Or Organization Protected Under
`
`How Statutory Or Regulatory Law Affects
`
`Recovering Damages From A Third Party 5
`Appraisal Of A Covered Loss Amount In
`01 sputa Under Property Or Other First-
`
`Insuring iigreements or endorsem*nts in your
`policy begin on your policy's effectIve date
`at 12:01 a.m. at the address shown for you
`in the Introduction of your policy. But if
`your policy replaces II policy that ends at
`noon, rather than 12:01 a.m., coverage under
`your policy begins on your policy's
`effective date at noon at such address.
`
`Insuring agreements or endorsem*nts added
`to your policy after your policy's effectìve
`date begtn on their respective effective
`dates at 12:01 a.m. at the address shown for
`you in the IntroductIon of your policy.
`
`Coverage under your policy ends on your
`policy's exp1ration date i1t 12:01 a.m. at the
`address shown for you In the Introduction
`of your policy. But if all or part of your
`policy is canceled for eny reason before
`that date, the canceled coverage will end on
`the cancellation date at 12:01 a.m. at such
`address.
`
`Polity Changes
`
`YolJr policy contains all of the agreements
`between you and us concerning the coverage
`provided by your policy and can be changed'
`only as described In this rule.
`
`We can make changes in our standard
`insurance policy forms fr.om time to time.
`Such changes must conform to applicable
`law and may be fîled with insurance
`regulatory authorities for approval.
`
`If we make any such change, while your
`policy is In effect. that:
`. would broaden or extend the coverage
`your policy provides; and
`. can be legaHy added to your policy.
`. without increasIng your premium;
`you'll automatlcally receive the benefit of
`the broadened or extended coverage
`beginning at:
`. 12:01 a.m.; Of
`
`Special Rights And Duiles Of The First
`Insured
`
`Named
`
`When more thi1n one Insured ìs named In the
`Introduction of your polley, the first named
`insured has special rights and duties. Those
`rights and duties ere expla Ined In the
`foil owing General Rules:
`. Cancellation.
`
`. Policy Changes.
`. Premiums.
`
`40701 Rev. 8-03 General Rules
`Includes copyrighted material of Insurance ServIces Office, Inc. with its permission.
`o 2003 The St. Paul Travelers Companies, Inc. All Rights Reserved Page 1 of 6
`
`TRAVELERS DOC MGMT00006
`
`

`

`. noon, if coverage under your policy
`btherwise begins at that time;
`on the effective date of the change at the
`address shown for you In the Introduction
`of your policy.
`
`If we make i1ny such change before your
`policy begins and that change still applies to
`a standard insurance policy form which:
`
`. is part of your pol icy when your policy
`begins; or .
`. Is made part of your policy after your
`policy's effective date;
`you'll automatically receive the benefit of
`that broadened or extended coverage
`begInning at the time and on the effective
`date that form I s, or is made, part of your
`policy.
`
`We don't have to provIde any written notice,
`or e written form that's miide- part of your
`policy. for you. to receive such benefits.
`
`We can' make other changes in your policy
`and, with our consent, the first named
`insured ci1n make changes in your policy
`too. But such changes can be made only
`with a written form that:
`. is made part of your policy; and
`. is signed by us or one of our authorized
`representat Ives.
`
`Premiums
`
`We compute the premium for your policy in
`accordance with our rules and rates which
`apply to your policy.
`
`Estimates. AJ I or part of your premium may
`be based on estimates,
`
`I f estimates are used, your polley will
`contain an endorsem*nt, summary, or other
`form that shows:
`. we used estimates; and
`. when and how we'll compute your actual
`premium.
`
`We'll compute your actual premium, when
`complete Information is aVailable, at the end
`of:
`. the polley period;
`. each one-year period that's part of the
`policy period, if the policy period Is
`longer than one year; and
`
`. any interim audit period that's shorter than
`one year, if an Interim audit period applies
`durIng the policy perIod.
`
`For each such period, we'll compute your
`actual premium in accordance with our rules
`and rates which apply to your policy and for
`that period.
`
`If your actual premium is:
`. more than the estImated premium you've
`paid, you'll owe us the difference; or
`. less than the estimated premium you've
`paid, we'll return the difference;
`except as described In the Additional or
`return premium section.
`
`You must keep accurate records of the
`information we'll need to compute your
`actual premium. Your agent or broker can
`explain the type of records we'll need. The
`first niimed insured must mail, deliver, or
`otherwise give to us a copy of those
`records when we request them.
`However, we don't have to request or use
`any records to compute your actual premium
`it we determine, in accordance with our
`rules and rates which apply to your policy,
`that your premium based on estimates is
`your actual premium.
`
`AdditiDnal Of return premium. We or your
`agent or broker will tell the first named
`insured about any additional or return
`premium for your polley.
`
`However, we won't charge an additional
`premium. or refund a return premium, for
`any difference in premium of $16 or less
`that results from:
`. your actual premium being more or less
`thiin the estimated premium you've paid;
`or
`. any change made in your policy, including
`part of your
`policy by you or us. .
`But we'il refund a return premIum of $15 or
`less for your policy If the first named
`Insured requests that we do so. We'll apply
`this rule for waiving additional or return
`premiums separately each time your policy
`is changed.
`
`any cancellation of ail or
`
`In any event, your policy premium won't be
`less than the minimum policy premium we're
`allowed to charge in accordance with our
`rules and rates whh;h apply to your policy.
`
`Your bil, The first named insured:
`. will be the one we'll bill for all premiums
`for your policy;
`
`40701 Rev. 8-03
`Includes copyrighted miiterial of Insurance Services Office, Inc. with its permission.
`Page 2 of 6 @ 2003 The St. Paul Travelers Companies, Inc. All Flights Reserved
`
`TRAlJElERS DOC MGMl0øøea
`
`

`

`. is responsible for paying all premi'ms for
`your policy when due; and
`. will be the one to whom we'll pay any
`return premium for your policy.
`
`The due date for each premium owed us for
`your polley is the date shown liS the due
`date on your bill for that premium.
`
`If the first named insured is also the first
`named insured under:
`. i1ny other policy wìth us; or
`. any policy with any of our affiliated
`Insurance companies; .
`we may bill, under one statement, the
`premium for.
`. your policy; end
`
`. any or all of those other policIes;
`regardless of their type, what they cover. or
`their policy periods.
`
`If we bill the p"remium for such policies
`under one statement:
`. we may adjust your bill under that
`statement to reflect the total of any
`additional Of return premium for any or all
`of those policies;
`. we'll apply any partial payment of the
`minimum premium due under your bill
`proportionately to each of those policies
`unless the first named insured requests at
`the time of such payment that we apply It
`differently; and
`
`. for any of those policies with a return
`premium, the first named insured may
`request that we refund such premium with
`a separate payment.
`
`Our Right To Inspect And Audit
`
`You must allow us to inspect your property
`and operations during normal business hours
`while your policy is in effect.
`
`However, we aren't required to:
`. make any such inspectfon; or
`. guarantee that your property or operations
`are 5afe, or conform to any code. law,
`regulation, or standard;
`except as required by any applicable state
`or municipal code, law, regulation. or
`standard for the certification of boilers,
`pressure vessels, or elevators,
`
`This rule also applies to any person or
`organization that makes insurance
`
`Inspections, surveys, reports, or
`recommendations for us.
`
`You also must allow us to examine, audit,
`and make copies of your financIal books
`and records that relate to the coverage
`provided by your policy at any time up to
`three years after your pOIÎcy ends,
`
`CancefJati (In
`
`By the flrsi named insured. The first named
`insured C8n cancel all or part of your policy
`at any time before your policy's expiration
`date wíth an advance notice of cancellation
`to us or one 0 f our authorized
`representatives.
`
`To cancel, the first named insured:
`
`, must delIver to us or one of our
`authorized representatives; or
`. must mall to us, If such delivery Isn't
`possible;
`your policy, or the part of your policy to be
`canceJed, and must provide the date the
`cance llation wÎi I be effettive.
`
`By us. We can cancel all or part of your
`policy at any time before your policy's
`expiration date.
`
`It we cänceL the first named insured:
`. is responsible for receiving the
`cancellation notice trom us for you; and
`. wHl be the one to whom we'll mi1il or
`deliver the cancellation notice.
`
`Also., we'll mail or deliver the cancellation
`notice to the first named insured at least
`. 10 days, If we're canceling for
`nonpayment of premium; or
`. 30 days, if we're canceling for any other
`reason;
`before the date the cancellation will be
`effective.
`
`If the cancellation notice is mailed, proof
`of mailing to the first named Insured's last
`mailing address known to us will be
`considered proof that the first named
`insured received such notice.
`
`Return premium We'll compute, in
`accordance with our rules and rates which
`apply to your policy, the cancellation return
`premium, if any, on a pro rata basis. But
`for a cancellation by the first named
`
`40701 Rev. 8-\3 General Rules
`Includes copyrighted material of Insurance Services Office, Inc. with its permission.
`c 2003 The St. Paul Travelers Companies, tnc. All Rights Reserved Page 3 of 6
`
`TRAVELERS DOC MGMT00008
`
`

`

`Insured, we may compute any such premium
`on less than a pro ratii basis.
`
`As soon as possible, we'll refund any
`cancellation return premium, except as
`described In the Additional or return
`premium section of the Premiums section.
`to the first named Insured.
`
`However, the cancellation will bè effectIve
`regardless of whether or not we've made or
`offered such a refund.
`
`FrauiJ AniJ MisrepresÐntation
`
`If vou commit fraud or misrepresentation. If.
`before or after a loss, you:
`
`. hide any important information from us;
`
`. mislead, lie to, or defraud us; or
`
`. attempt any such actIons;
`about any matter concerning the coverage
`provided by your policy, we can consider
`your policy to be void for you and all other
`persons and organizati ons protected under
`your policy.
`
`We'll consider such fraud or
`misrepresentation commItted by any of the
`following to also be committed by you:
`. Your spouse If you're an IndividuaL.
`. Any of your partners or co-iienturers, or
`their spouses, if you're a partnership or
`Joint venture.
`. Any of your members or managers if
`you're a Iim:ted liability company,
`. Any of your trustees If you're a trust.
`. Any of your shareholders if you're a
`professional association.
`. Any of your appointed or elected officials
`if you're a public entity or tribal
`government.
`. Any of your directors or executive
`officers If you're a corporation or an
`other organizatIon.
`
`If other persons or organizations commit fraud
`or misrepresentation. If, before or after a
`loss, any person or organizatron protected
`under your policy, other than you and the
`persons and organizations described in the
`last paragraph of the If. you commit fraud or
`misrepresentation sectIon:
`. hIdes any important informtltion from us;
`
`. misleads, lies to, or defrauds us; or
`
`. attempts 2lny such actions;
`
`about any matter concerning the coverage
`provided by your policy, we can consider
`your policy to be void for amy that person
`or organization.
`
`We'll consider such fraud or
`misrepresentation commltteò by any of the
`following to also be committed by any such
`organization protected under your policy:
`. Any of ¡ ts partners or co-venturers if that
`organization is a piirtnershìp or joint
`. venture.
`. Any of its members or managers If that
`organJzatlon is a limited liability company.
`. Any of its trustees If that organization is
`a trust.
`. Any of j ts shareholders if that
`organization Is a professional association.
`. Any of its appointed or elected officials
`if that organization is a public entity or
`tribal government. .
`. Any of Its dÎrectors or executive officers
`if that organìzatlon Is a corporation or an
`other organization.
`
`Unintentional errors or omissIons. We won't
`consider errors or omissions that are
`unintended by:
`. you; and
`
`. all other persorrs and organizatIons
`protected under your policy that are
`described in the last paragraph of' the If
`you commit fraud or misrepresentation
`section and commit such errors or
`omìssions;
`to be fraud or misrepresentation as
`des.cribed in that section. .
`
`Also, we won't consider errors or omissions
`that are unintended by:
`
`. all other persons and organizations
`protected under your policy; and
`
`. all persons and organizations described in
`the last paragraph of the If other persons
`or organizations commit fraud or
`m isrepresentat ion section;
`that commit such errors or omissions to be
`fraud or misrepresentation as described in
`that section.
`
`Assignments And Transfers
`
`Neither you nor iiy other person or
`organization protected under your polley can
`essign, transfer, or otherwise turn over, your
`interest In it wìthout consent from us In a
`written form that's made part of your
`policy. .
`
`40701 Rev. 8-03
`Includes copyrighted material of Insurance Services Office, Inc. with Hs permission.
`Page 4 of 6 ll 2003 The 51. Paul Travelers Companies, Inc. All Rlghts Reserved
`
`TRA~ÆLERS DOC MGMTB000S
`
`

`

`However, if you're an individual named
`ínsured and you die:
`. your legal representatives will have your
`rIghts and duties under your policy, but
`only whi Ie acting within the scope of their
`duties as your legal representatives; and
`
`. until such legal representatives are
`appointed, any person or organization that
`of your
`property wi I i have your rights and dut 1 as
`concerning that property under your policy.
`
`properly has temporary custody
`
`Lawsuits Agains! Us
`
`No person or organlzal Ion can sue us to
`recover under your policy unless all of your
`policy's terms have been fully complied
`with.
`
`If your policy provides property or other f1rst-
`party proteclion. Any suit to recover on a
`loss under any property or other first-party
`protectíon provided by your policy must
`begin within two years after the date on
`which the direct physical loss or damage
`occurred to the property thãts required to
`sustain such loss or damage for the loss to
`be covered under that protection.
`
`If your pÐlicy provides liabilty protection. No
`person or organization can sue us to recover
`on a loss under any lìability protection
`provided by your policy until the amount of
`the liability of a person or organization
`protected for that loss under your policy
`has been finally decided either by a
`judgment or by a written agreement signed
`by:
`. us;
`
`. the person or orgánlzatlon protected under
`your policy; and
`. the person or organization making a cli1im
`or br inging a suit for the loss.
`
`Once liability has been so determined, that
`person or organization making the claim or
`bringing the suit may be able to recover
`poi icy, up to the i imit of
`under your
`coverage that applies. But such person or
`organization can't sue us directly or join us
`in B suit against thet person or organization
`protected under your policy until Ii ability lias
`been so determined.
`
`Recovering Oamages From A Third Party
`
`You or other persons or organizations
`protected under your policy may also be
`
`able to recover from others all or part of
`any loss for which we make a payment.
`
`Any such right of recovery, and the
`proceeds of any settement or judgment that
`milY result from the exercise of that right,
`belongs to us.
`
`For that reason, you and all other persons
`and organizations that:
`. are protected under your policy; and
`. are, or may be, Involved in a loss for
`which we make, or may make, a payment;
`must do ali that's possible after the loss to:
`. preserve for us any such right of recovery
`or any such proceeds; and
`
`. cooperate with us in any attempt to
`exerc)se any such riglit of recovery.
`
`However, before any loss, you or any other,. :".",'.":
`person or organization protected under your.
`policy may waive its right at recovery for
`the I ass without our consent.
`
`If we exercise our right of recovery under
`your policy and we recover more than we've
`paid, the excess amount will belong to the
`person or organization protected under your
`policy thiit had the loss. But we'll first _
`deduct our recovery expenses from any such
`amount recovered by us.
`
`Appraisal Of A Covered Loss Amount In Disputê
`Under Property Or Other first-Party Protection
`
`If your policy provides property or other
`first-party protectIon and you and we can't
`agr.ee on the amount of a loss covered
`under that protection, the following
`procedure will be used to settle the dispute:
`
`1. Either you or we will make a written
`demand for an appriiisii! of the covered
`loss amount in dispute.
`
`2. Within 30 days of the demand, you and
`we wil each select a competent and
`impartial appraiser and notify the other
`of the selection.
`
`3. The appraisers will select a competent
`and impartial umpire. If they can't agree
`on an umpire, eIther of them may
`request that the selection be made by a
`judge of a court having jurisdiction.
`
`4. The appraisers will each state separately
`their appraisal of the covered loss
`amount in dispute. If they can't agree
`on that amQunt, they'll submit their
`
`4070 i Rev. 8-03 General Rules
`Includes copyrighted material of Insurance Services Office, Inc. with its permission.
`G 2003 The St. Paul Travelers Companies, Inc. All Rights Reserved Page 5 of 6
`
`TRAVELERS DOC MGMT00010
`
`

`

`How StalUorv Or Regulalory Law Affects Your
`PolicV
`
`Any part of your poi icy that confli cts with
`Bny requirement of statutory or regulatory
`law which applies is automatically changed
`to conform to that law.
`
`appraisals to the umpire. The umpire's
`agreement to one of those appraisals
`will be binding.
`
`5. You'll pay the fees of your appraIser.
`We'll pay the fees of our appraiser.
`Other costs of the appraisaL. including
`the fees of the umpire, will be shared
`equally by you and us.
`
`Bankruptcy Or Insolvency Of Any Person Or
`Organiiaiion Protected Under Liabiliy Protection
`
`If your policy provides liability protection,
`the bankruptcy or insolvency of: .
`. lIny person or organization protected under
`that liability protection; or
`. any estate of that person;
`won't relieve us of our ob ligations under
`such liabil ity protection.
`
`However, if such lIability protection contains
`an exclusion or other coverage limitation for
`loss that results from such bankruptcy or
`insolvency, thIs rule doesn't change or
`eliminate that exclusion or other coverage
`Ijmltatlon.
`
`4070 i Rev. 8-03
`Includes copyrighted material of Insurance Services Office, Inc. with Its permission.
`Page 6 of 6 rl 2003 The St. Paul Travelers Companies, Inc. All Rights Reserved
`
`TRAVELERS DOC MGMT00011
`
`

`

`NE YORK REQUIRED ENDORsem*nT
`
`This endorsem*nt changes your policy to
`comply with, or otherwise respond to, New
`York law.
`
`Therefore, each change made by this
`endorsem*nt applies only to the extent:
`. required by New York statutory or
`regulatory lew; or
`. specifically described in the part of this
`endorsem*nt which mak.es that change.
`
`Table of Contents
`
`Page
`
`Property Protection - Anti arson
`
`Liability Protection - Discrimination
`
`liability Protectlon - Excess Insurance
`
`Cancellation i
`Loss Information 3
`Appraisal Of A Covered loss Amount In
`Party Protection 4
`Dispute Under Property Or Other Flrst-
`Fraud And Misrepresentation 4
`Our Right To Inspect And Audit 4
`Lawsuits Against Us - Liability Protection 5
`Liability Protection 5
`What To Do If You HaVe A Loss - .
`Punitive Or Exemplary Damages 5
`Property Protection And Crime Protection
`Property . 5
`- Written Estimate Of Damage To Real
`Applicatìon Requirement 6
`Property Protection - Cancellation Or
`Nonrenewal Notice To Mortgageholders 6
`Fungi Or Wet Or Dry Rot 6
`Property Protection - Mold Or Other
`Property Protection - Rewards Coverage 6
`Property ProtectJon - Special Rule For
`The Payment Of A Building Loss 6
`Liability Protection - Definition Of
`Loading Or Unloading 6
`Exclusion 6
`Requirement 6
`Timely Notlee 7
`
`"I
`
`As a result, if the address shown for you In
`the Introduction of your policy Is outside
`New York, each change that's made to comply
`with New York statutory or regulatory law
`applies only if, and to the extent, your poliCy
`provides coverage for:
`. a loss of or to, or that results from.
`propertY in New York; or
`. a loss that results from your operations in,
`or which affect, New York; .
`and such statutory Of regulatory law applies
`to such coverage.
`
`Lawyers Professional Liabiiity - Non-
`Practicing Attorney Reporting Period 9
`Real Estate Agents or Brokers
`Other Terms 9
`Professional Liability Protection -
`Dtscrtmination 9
`
`Cancellation
`
`The following repleces the Cancellation
`section of the General Rules,
`
`How you can canceL. To cancel this policy,
`the first named insured must deliver the
`policy to us or to any of our authorized
`agents. If this isn't possible, notify us by
`mall and include the date you want the
`policy canceled. You'll get a refund for the
`unused premium, less a charge for early
`cancellation.
`
`days
`
`How we can cancel a policy in effect 6D days
`or ,Ie.ss. If this policy has been in effect 60
`or less, and isn't a renewel or
`continuous policy. we can cancel the entire
`policy for any reason during this period. If
`we do, we'll mail or del iver a notìce of
`cancellation to the first named insured, and
`to your 'agent or broker, at least 30 days
`before coverage will end. The notice will
`state the reasoT) for cancellation.
`
`However, If we cancel for any of the
`followtng reasons, we'll mall or deli..er a
`notice of cancellation to the first named
`insured, and to your ~gent or brokeI', at
`least 15 days before coverage will end:
`1. N