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2002-05-13 Commerical General Liability Policy - La Tourf NONASSESSABLEI POLICY WESTERN NATIONAL r~~ur~n~e ~r~ COMMERCIAL GENERAL LIABILITY POLICY THIS POLICY CONSISTS OF: - -- DECLARATIONS -- COMMON POLICY CONDITIONS ~` -- ONE OR MORE COVERAGE PARTS. A COVERAGE PART CONSISTS OF: • ONE OR MORE COVERAGE FORMS • APPLICABLE FORMS AND ENDORSEMENTS WNGL180200 QUICK REFERENCE COMMERCIAL GENERAL LIABILITY COVERAGE PART READ YOUR POLICY CAREFULLY The Commercial General Liability Coverage part in your policy consists of Declarations, a Commercial General Liability Coverage Form (CG 00 01), Common Policy Conditions and Endorsements, if applicable. Following is a Quick Reference indexing of the principal provisions. contained in each of the components making up the Coverage Part, listed in sequential order. DECLARATIONS ...................................................... Attached Named Insured And Mailing Address Policy Period Coverages And Limits Of Insurance Forms And Endorsements Applying To The Coverage Part At The Time Of Issue COVERAGE FORM (CA 00 01) SECTION I -COVERAGES seginning Coverage A -Bodily Injury And Property Damage Liability on Page Insuring Agreement 1 Exclusions UnderCoverage A .............................................. 1 Coverage B -Personal And Advertising Injury Liability ........................... 4 Insuring Agreement ....... .............................................. 4 Exclusions Under Coverage B ................... ...................... 4 Coverage C -Medical Payments ............................................ 5 Insuring Agreement ...................................................... 5 Exclusions UnderCoverage C ........................ .................... 5 Supplementary Payments - Coverages A And B ................................ 6 SECTION II -WHO IS AN INSURED ........................................... 7 SECTION III -LIMITS OF INSURANCE ......................................... 8 SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS ................... 8 Bankruptcy ............................................................ 8 Duties In The Event Of Occurrence, Offense, Claim Or Suit ....................... 8 Legal Action Against Us .................................................. 9 Otherlnsurance ......................................................... 9 Premium Audit ......................................................... 10 Representations ....................................................... 10 Separation Oflnsureds .................................................. 10 Transfer Of Rights Of Recovery Against Others To Us .......................... 10 When We Do Not Renew ................................................ 10 SECTION V -DEFINITIONS ................................................. 10 COMMON POLICY CONDITIONS ........................................ Attached Cancellation Changes Examination Of Your Books And Records Inspections And Surveys Premiums Transfer Of Your Rights And Duties Under This Policy ENDORSEMENTS (If Any) .............................................. Attached Western National Mutual Insurance Co. 5350 West 78th Street Edina, MN 55439 WESTERN NATIONAL COMMON POLICY DECLARATIONS irlsuwwce CROUP DECLARATIONS POLICY NO. GL-300006269-00/000 ACCOUNT NUMBER: 00000172742 NAMED INSURED AND MAILING ADDRESS AGENCY AND MAILING ADDRESS WNI507 BURLINGTON NORTHERN & SANTA FE (SEE EXTENDED NAMED INSURED) PIERCE AGENCY INC 5650 N RIVERSIDE DR STE 101 PO BOX 418 FORT WORTH TX 76101 LITCHFIELD MN 55355 POLICY PERIOD: From 05/06/2002 to 05/06/2003 AT 12:01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE. THE NAMED INSURED IS CORPORATION BUSINESS DESC CONTRACTOR IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. PREMIUM COMMERCIAL PROPERTY NOT COVERED COMMERCIAL GENERAL LIABILITY 1,800 COMMERCIAL CRIME NOT COVERED COMMERCIAL INLAND MARINE NOT COVERED ESTIMATED TOTAL PREMIUM $1,800 THE POLICY WRITING NONREFUNDABLE MINIMUM PREMIUM IS 5100 PREMIUM SHOWN IS PAYABLE: .$1,800 AT INCEPTION; 1ST ANNIVERSARY; 2ND ANNIVERSARY FORMS AND ENDORSEMENTS APPLICABLE TO ALL COVERAGE PARTS THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS, IF APPLICABLE, TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. COUNTERSIGNED AT: DATE: BY: AUTHORIZED REPRESENTATIVE INSURED 0000 WN IL 09 03 01 05-13-02 SRG BLSTO Page 1 of 2 Western National Mutual Insurance Co. 5350 West 78th Street Edina, MN 55439 WESTERN NATIONAL COMMERCIAL GENERAL LIABILITY INSURANCE GROUP DECLARATIONS POLICY NO. GL-300006269-00/000 ACCOUNT NUMBER: 00000172742 NAMED INSURED AND MAILING ADDRESS AGENCY AND MAILING ADDRESS WNI507 BURLINGTON NORTHERN & SANTA FE (SEE EXTENDED NAMED INSURED) PIERCE AGENCY INC 5650 N RIVERSIDE DR STE 101 PO BOX 418 FORT. WORTH TX 76101 LITCHFIELD MN 55355 POLICY PERIOD: From 05/06/2002 to 05/06/2003 AT 12:01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE. STATE-1 LOCATION OF ALL PREMISES YOU OWN, RENT OR OCCUPY: LOC # 1: JOB LOCATION: NW 1/4 SEC 35 TWP 121N RG 24W ALBERTVILLE MN 55301 ILOC CLASSIFICATION (RAILROAD PROTECTIVE LIABILITY OPERATIONS-RAILROAD NOC-CO PMS PDTS CODE PREMIUM BASIS RATE RATE 40011 COST OF WORK 13,020 138.250 DESIGNATED CONTRACTOR: LA74UR CONSTRUCTION INC= 2134 C4 RD 8 NW, MAPLE LAKE, MN 5535$ LIMITS: 52,000,000 PER OCCURANCE $6,000,000 PER AGGREGATE DESCRIPTION OF OPERATIONS: PIPELINE WORK GENERAL LIABILITY PREMIUM $1,800 FORMS AND ENDORSEMENTS APPLYING TO COMMERCIAL GENERAL LIABILITY COVERAGE PART AND MADE PART OF THIS POLICY AT TIME OF ISSUE: CG0035 (07-98) CG2844 (08-00) IL0021 (04-98) CG0059 (09-99) WNIL09 (01-02) THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS, IF APPLICABLE, TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. COUNTERSIGNED AT: DATE: BY: AUTHORIZED REPRESENTATIVE INSURED WN GL 06 03 01 05-13-02 SRG BLSTO Page 2 of 2 Western National Mutual Insurance Co. 5350 Nest 78th Street Edina, MN 55439 WESTERN NATIONAL COMMON POLICY DECLARATIONS INSURANCE GROUP EXTENDED NAMED INSURED POLICY NO. GL-300006269-00/000 ACCOUNT NUMBER: 00000172742 NAMED INSURED AND MAILING ADDRESS AGENCY AND MAILING ADDRESS WNI507 BURLINGTON NORTHERN & SANTA FE (SEE EXTENDED NAMED INSURED) PIERCE AGENCY INC 5650 N RIVERSIDE DR STE 101 PO BOX 418 FORT WORTH TX 76101 LITCHFIELD MN 55355 POLICY PERIOD: From 05/06/2002 to 05/06/2003 AT 12:01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE. BURLINGTON NORTHERN & SANTA FE RAILWAY CO., STAUBACH GLOBEL SERVICES INC INSURED 05-13-02 SRG BLSTO Page 1 of 1 SIGNATURE OF AUTHORIZED REPRESENTATIVE COMMERCIAL GENERAL LIABILITY CG 00 35 07 98 RAILROAD PROTECTIVE LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy, the words "you" and "your" refer to the Named. Insured shown in the Declara- tions. The words "we", "us" and "our" refer to the Company providing this insurance. The word "insured" means any person or organization. qualifying as such under Section II -Who Is An In- sured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V - Definitions. SECTION 1-COVERAGES COVERAGE A -BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured be- comes legally obligated. to pay as damages because of "bodily injury" or "property dam- age" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III -Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insur- ance in the payment of judgments or set- tlements. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments -Coverage A. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" occurs during the policy period; and (2) The "bodily injury" or "property damage" arises out of acts or omissions at the "job location" which are related to or are in con- nection with the "work" described in the Declarations. c. Damages because of "bodily injury" include damages claimed by any person or organiza- tion for care, loss of services or death resulting at any time from the "bodily injury". 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a con- tract or agreement. This exclusion does not apply to liability for damages assumed in a contract or agreement that is a "covered con- tract". c. Completed Work "Bodily injury" or "property damage" occurring after the "work" is completed. The "work" .will be deemed completed at the earliest of the following times: (1) When all the "work" called for in the "contractor's" contract has been completed. (2) When all the "work" to be done at the "job location" has been completed. (3) When that part of the "work" done at the "job location" has been put to its intended use by you, the governmental authority or other contracting party. This exclusion does not apply to "bodily injury" or "property damage" resulting from the exis- tence of or removal of tools, uninstalled equipment or abandoned_or unused materials. d. Acts Or Omissions Of insured "Bodily injury" or "proJ3erty mage", the sole proximate cause of which is an~ct or omission of any insured other than acts o~' omissions of any of "your designated employees". This ex- clusion does not apply to injury or damage sustained at the "job location" by any of "your designated employees" or employee of the "contractor", or by any employee of the gov- ernmental authority or any other contracting party (other than you) specified in the Declara- tions. CG 00 35 07 98 Copyright, Insurance Services Office, Inc., 1997 ~ _ Page 1 of 7 ~ e. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unem- ployment compensation law or any similar law. This exclusion does not apply to any obligation of the insured under the Federal Employers Li- ability Act, as amended. f. Pollution "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or es- cape of "pollutants" at or from the "job loca- tion": (1) Due to the past or present use of the."job location" by you or for you or others for the handling, storage, disposal, processing or treatment of waste; or (2) Due to the dumping or disposal of waste on the "job location" by the "contractor" with the knowledge of you or any of "your des- ignated employees"; or (3) On which you or "contractors" working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the "job location" in connection with such operations by you, the "contractor" or "your designated employee". However, this subparagraph does not apply to: (a) "Bodily injury" or "property damage" arising out of the escape of fuels, lubri- cants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions nec- essary for the operation of "mobile equipment" or its parts, if such fuels, lu- bricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property siamage" arises out of the in- tentional discharge, dispersal or release of the fuels, lubricants or other operat- ing fluids, or if such fuels, lubricants or other operating fluids are brought on or to the "job location" with the intent that they be discharged, dispersed or re- leased as part of the operations being performed by you, the "contractor" or "your designated employee"; or (b) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire". Page 2 of 7 (4) On which you or "contractors" working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". g. ,Damage To Owned, Leased Or Entrusted Property "Property damage" to property owned by you or leased or entrusted to you under a lease or trust agreement. COVERAGE B -PHYSICAL DAMAGE TO PROPERTY 1. Insuring Agreement We will pay for "physical damage to property" to which this insurance applies. The "physical dam- age to property" must occur during the policy pe- riod. The "physical damage to property" must arise out of acts or omissions at the "job location" which are related to or in connection with the "work" described in the Declarations. The property must be owned by or leased or entrusted to you under a lease or trust agreement. 2. Exclusions This insurance does not apply to "physical dam- age to property": a. Completed Work Occurring after the "work" is completed. The "work" will be deemed completed at the earli- est of the following times: (1) When all the "work" called for in the "contractor's" contract has been completed. (2) When all the "work" to be done at the "job location" has been completed. (3) When that part of the "work" done at the "job location" has been put to its intended use by you, the governmental authority or .other contracting party. This exclusion does not apply to "physical damage to property" resulting from the exis- tence of tools, uninstalled equipment or aban- doned or unused materials. b. Acts Or Omissions Of Insured- The sole proximate cause of-which is an act or omission of any ins~'ed o~F than acts or omissions of any of "your de~igrtated employ- ees". c. Nuclear Incidents Or Conditions Due to nuclear reaction, nuclear radiation or radioactive contamination or to any related act or condition. Copyright, Insurance Services Office, Inc., 1997 CG 00 35 07 98 d. Pollution Due to the discharge, dispersal, seepage, mi- gration, release or escape of "pollutants" ex- cluded under Exclusion f. Pollution, Coverage A. SUPPLEMENTARY PAYMENTS -COVERAGE A We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: 1. All expenses we incur. 2. All costs taxed against the insured in the "suit". 3. All interest on the full amount of any judgment that accrues after entry of the judgment and be- fore we have paid, offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. 4. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. 5. Expenses incurred by the insured for first aid administered to others at the time of an accident, for "bodily injury" to which this insurance applies. 6. All reasonable expenses, incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $250 a day because of time off from work. 7. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. These payments will not reduce the limits of insur- ance. SECTION II -WHO IS AN INSURED 1. You are an insured. 2. Your "executive -officers" and directors are in- sureds, but only with respect to their duties as your officers and directors. 3. Your stockholders are insureds, but only with respect to their liability as stockholders. 4. Any railroad operating over your tracks is an in- sured. SECTION III -LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay re- gardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The Aggregate Limit is the most we will pay for the sum of all damages because of all "bodily in- jury", all "property damage" and all "physical damage to property". 3. Subject to 2. above, the Each Occurrence Limit is the most we will pay for the sum of all damages because of all "bodily- injury", alt "property dam- age" and all "physical damage to property" arising out of any one occurrence. 4. Subject to 3. above, the payment for "physical damage to property" shall not exceed the lesser of: a. The actual cash value of the property at the time of loss; or b. The cost to repair or replace the property with other property of like kind or quality. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV -CONDITIONS A. The following Conditions apply to Coverages A and B: 1. Assignment Assignment of •interest under this Coverage Part shall not bind us unless we issue an en- dorsement consenting to the assignment. 2. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 3. Cancellation a. You may cancel this policy by mailing or delivering to us advance written notice of cancellation. b. We may cancel this policy by mailing or delivering to you, the "contractor" and any involved governmental authority or other contracting party designated- in the Decla- rations, at the respective-mailing addresses last known to us, written Mice of cancella- tion at least 60 days berg the effective date of cancellation. c. Notice of cancellation will state the effec- tive date of cancellation. The policy period will end on that date. CG 00 35 07 98 Copyright, Insurance Services Office, Inc., 1997 ~ _ Page 3 of 7 O d. If this policy is cancelled, any unearned premium will be refunded. If we cancel, the refund will be pro rata. If you cancel, the refund may be less than pro rata. The can- cellation will be effective even if we have not made or offered a refund. e. If notice is mailed, proof of mailing will be sufficient proof of notice. 4. Changes This policy contains all the agreements be- tween you and us concerning the insurance afforded. You are authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. 5. Inspections And Surveys We have the right but are not obligated to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. Any inspections, surveys, reports or recom- mendations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that condi- tions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. This condition applies not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspec- tions, surveys, reports or recommendations. 6. Other Insurance The insurance afforded by this policy is: a. Primary insurance and we will not seek contribution from any other insurance available to you except if the other insur- ance is provided by a contractor other than the designated contractor for the same op- eration and "job location"; and b. If the other insurance is available, we will share with that other insurance by the method described below. If all of the other insurance permits contri- bution by equal shares, we will follow this method also. Under this approach, each in- surer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insur- ers. 7. Premium And Premium Audit a. We will compute all premiums for this Cov- erage Part in accordance with our rules and rates. b. Contract cost, the premium base shown in the Declarations, means the total cost of the operations described in the Declara- tions. c. The premium shown in the Declarations as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and pay- able on notice to the contractor designated in the Declarations. If the sum of the ad- vance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the contractor designated in the Declarations. In no event shall the payment of premium. be your obligation. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named In- sured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be suf- ficient proof of notice. _ - B. The following Conditions apply to Coverage A only: -_ 1 ~:- 1. Legal Action Against Us --~ No person or organization has a right under this policy: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an in- sured; or _ z Page 4 of 7 Copyright, Insurance Services Office, Inc., 1997 _ _CG 00 35 07 98 D b. To sue us on this policy unless all of its terms have been fully complied with. A person or organization may sue us to re- cover on an agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not be liable for dam- ages that are not payable under the terms of this policy or that are in excess of the applica- ble limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 2. Duties In The Event Of Occurrence, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence which may result in a claim. To the extent possi- ble, notice should include: (1) How, when and where the occurrence took place; (2) The names and addresses of any in- jured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the occurrence. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize'us to obtain records and other information; (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 en- forcement of any right against- any per- son or organization which may be liable to the insured because of injury or dam- age to which this insurance may also apply. CG 00 35 07 98 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. 3. Separation Of Insureds Except with respect to the Limits of Insurance this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. C. The following Conditions apply to Coverage B only: 1. Appraisal If you fail to agree with us on the value of the property, or the amount of loss, either you or we may make written demand for an appraisal of the loss within sixty (60) days after proof of loss is filed. In this event, each party will select a competent appraiser. The. two appraisers will select a competent and impartial umpire. The appraisers will state separately the value of the property and the amount of loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal, we still retain our right to deny the claim. 2. No Benefit To Bailee No person or organization, other than you, having custody of the property will benefit from this insurance. 3. Insured's Duties In The Event Of A Loss You must: a. Protect the property, whether or not the loss is covered by this policy. Any further loss due to your failure to protect the prop- erty shall not be recoverable under this policy. Reasonable expenses incurred in affording such protection shall be deemed - to be incurred at our request; and b. Submit to us, as-~oon`fter the loss as possible, your sworn pro0af loss contain- ing the information we reque~ to settle the loss and, at our request, make available the damaged property for examination. Copyright, Insurance Services Office, Inc.; 1997 Page 5 of 7 l7 4. Legal Action Against Us No person or organization has a right under this policy to sue us on this policy unless all of its terms have been fully complied with and until 30 days after proof of loss is filed and the amount of loss is determined as provided in this policy. 5. Payment Of Loss We may pay for the loss in money, but there can be no abandonment of any property to us. SECTION V -DEFINITIONS 1. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, in- cluding any attached machinery or equipment. But "auto" does not include "mobile equipment". 2. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death re- sulting from any of these at any time. 3. "Contractor" means the contractor designated in the Declarations and includes all subcontractors working directly or indirectly for that "contractor" but does not include you. 4. "Covered contract" means any contract or agree- ment to carry a person or property for a charge or any interchange contract or agreement respecting motive power, or rolling stock equipment. 5. "Executive officer" means a person holding any of the officer positions created by your charter, constitution: by-laws or any other similar govern- ing document. 6. "Hostile fire" means one which becomes uncon- trollable or breaks out from where it was intended to be. 7. "Job location" means the job location designated in the Declarations including any area directly re- lated to the "work" designated in the Declarations. "Job location" includes the ways next to it. 8. "Mobile equipment" means any of the following types of land vehicles, including any attached ma- chinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, main- tained primarily to provide mobility to perma- nently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the fol- lowing types of permanently attached equip- ment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 9. "Physical damage to property" means direct and accidental loss of or damage to rolling stock and their contents, mechanical construction equipment or motive power equipment, railroad tracks, road- beds, catenaries, signals, bridges or buildings. 10."Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumest acids, alkalis, chemicals and waste. Waste includes material to be recycled, re- conditioned or reclaimed. 11. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical irrjury~that caused it; or b. Loss of use of tangible property that is not physically injured. All~uch lo.of use shall be deemed to occur at the time o~~e occurrence that caused it. ~` -_ Page 6 of 7 Copyright, Insurance Services Office, Inc., 1997 _ _CG 00 35 07 98 ^ 12."Suit" means a civil proceeding in which damages because of "bodily injury" or "property damage" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such dam- ages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution pro- - - ceeding in which such damages are claimed and to which the insured submits with our con- sent. 13. "Work" means work or operations performed by the "contractor" including materials, parts or equipment furnished in connection with the work or operations. 14. "Your designated employee" means: a. Any supervisory employee of yours at the "job location"; b. Any employee of yours while operating, at- tached to or engaged on work trains or other railroad equipment at the. "job location" which are assigned exclusively to the "contractor"; or c. Any employee of yours not described in a. or b. above who is specifically loaned or assigned to the work of the "contractor" for the preven- tion of accidents or protection of property. 1 '' ~' ~' CG 00 35.07 98 Copyright, Insurance Services Office, Inc., 1997 Page 7 of 7 COMMERCIAL GENERAL LIABILITY CG 28 44 08 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINNESOTA CHANGES This endorsement modifies insurance provided under the following: RAILROAD PROTECTIVE LIABILITY COVERAGE PART A. Paragraph 7. of Supplementary Payments - (Section I) is replaced by the following: 7. Prejudgment interest awarded against the insured on that part of the judgment we pay. B. The Cancellation Condition is replaced by the following: 2. Cancellation a. You may cancel this policy by mailing or delivering to us advance written notice of cancellation. b. We may cancel this policy, subject to the provisions of c. below, by first class mail- ing, or by delivery, of a written notice of cancellation to you, the "contractor", any involved governmental authority or other contracting party designated in the Decla- rations and any agent, to the respective last mailing addresses known to us. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. c. If this policy: (1) Is a new policy and has been in effect for fewer than 90 days, we may cancel for any reason by giving notice at least: (a) 10 days before the effective date of cancellation, if we cancel for non- payment of premium; or (b) 30 days before the effective date of cancellation, if we cancel for any other reason. (2) Has been in effect for 90 days or more, or if it is a renewal of a policy we issued, we may cancel only for one or more of the following reasons: (a) Nonpayment of premium; CG 28 44 08 00 (b) Misrepresentation or fraud made by you or with your knowledge in ob- taining the policy or in pursuing a claim under the policy; (c) An act or omission by you that sub- stantially increases or changes the risk insured; (d) Refusal by you to eliminate known conditions that increase the potential for loss after notification by us that the condition must be removed; (e) Substantial change in the risk as- sumed, except to the extent that we should reasonably have foreseen the change or contemplated the risk in writing the contract; (f) Loss of reinsurance by us which provided coverage to us fora sig- nificant amount of the underlying risk insured. Any notice of cancellation pursuant to this item shall advise the policyholder that he or she has ten days from the date of receipt of the notice to appeal the cancellation to the commissioner of commerce and that the commissioner will render a decision as to whether the cancella- tion is justified because of the loss of reinsurance within thirty business days after receipt of the appeal; (g) A determination by the commis- sioner that the continuation of the policy could place us in violation of the Minnesota insurance laws; or Copyright, Insurance Services Office, Inc., 2000 -- s ~,. -. a _ Page 1 of 2 ^ (h) Nonpayment of dues to an associa- tion or organization, other than an insurance association or organiza- tion, where payment of dues is a prerequisite to obtaining or continu- ing such insurance. This provision for cancellation for failure to pay dues shall not be applicable to per- sons who are retired at 62 years of age or older or who are disabled ac- cording to social security standards. Under this Item c.(2), we will give notice at least: (1) 10 days before the effective date of cancellation, if we cancel for nonpay- ment of premium. The cancellation no- tice shall contain the information re- garding the amount of premium due and the due date, and shall state the effect of nonpayment by the due date. Can- cellation shall not be effective if pay- ment of the amount due is made prior to the effective date of cancellation; or (2) 60 days before the effective date, if we cancel for a reason described in c.(2)(b) through (h) above. The notice of can- cellation will state the reason for can- cellation. e. Unless other proof of notice is otherwise specifically required, proof of mailing of any notice shall be sufficient proof of notice. C. Any When We Do Not Renew Condition is de- leted and the following is added: NONRENEWAL If we decide not to renew this policy, we may do so by giving the first Named Insured, the "con- tractor" and any involved governmental authority or other contracting party designated in the Decla- rations and any agent, notice of our intent not to renew at least 60 days before the expiration date of this policy. Such notice will be delivered or mailed by first class mail to their last mailing ad- dresses known to us. Unless other proof of notice is otherwise specifi- cally required, proof of mailing of any notice shall be sufficient proof of notice. We need not mail or deliver this notice if you have: 1. Insured elsewhere; 2. Accepted replacement coverage; or 3. Agreed not to renew this policy. D. The Transfer Of Rights Of Recovery Against Others To Us Condition is amended by the addi- tion of the following: d. If this policy is cancelled, any unearned Our rights do not apply against any person or or- premium will be refunded. If we cancel, the ganization insured under this or any other Cover- refund will be pro rata. If you cancel, the age Part we issue with respect to the same act or refund may be less than pro rata. The can- omission. cellation will be effective even if we have not made or offered a refund. 1 ~'° ~_ 't Page 2 of 2 Copyright, Insurance Services Office, Inc., 2000 _ CG 28 44 08 00 ~ INTERLINE IL 00 21 04 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply: A. Under any Liability Coverage, to "bodily injury" or "property damage": (1) With respect to which an "insured" under the policy is also an insured under a nu- clear energy liability policy issued by Nu- clear Energy Liability Insurance Associa- tion, Mutual Atomic Energy Liability Undervvriters, Nuclear Insurance Associa- tion of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaus- tion of its limit of liability; or (2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is re- quired to maintain financial protection pur- suant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "insured" is, or had this policy not been is- sued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement en- tered into by the United States of America, or any agency thereof, with any person or organization. B. Under any Medical Payments coverage, to expenses incurred with respect to "bodily in- jury" resulting from the "hazardous properties" of "nuclear material" and arising out of the op- eration of a "nuclear facility" by any person or organization. IL 00 21.04 98 C. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from "hazardous properties" of "nuclear material", if: (1) The "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on be- half of, an "insured" or (b) has been dis- charged or dispersed therefrom; (2) The "nuclear material" is contained in "spent fuel" or "waste" at any time pos- sessed, handled, used, processed, stored, transported or disposed of, by or on behalf of an "insured' ; or . (3) The "bodily injury" or "property damage" arises out of the furnishing by an "insured" of services, materials, parts or equipment in connection with the planning, construc- tion, maintenance, operation or use of any "nuclear facility", but if such facility is lo- cated within the United Slates of America, its territories or possessions or Canada, this exclusion (3) applies only to "property damage" to such "nucleafa~ility" and any property thereat. 2. As used in this endorsement: "Hazardous properties" includes radioactive, toxic or explosive properties. "Nuclear material" means "source material", "Special nuclear material" or "by-product mate- rial". Copyright, Insurance Services Office, Inc., 1997 _ Page 1 of 2 D "Source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel" means any fuel element or fuel com- ponent, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor". "Waste" means any waste material (a) containing "by-product material" other than the tailings or wastes produced by the extraction or concentra- tion of uranium or thorium from any ore processed primarily for its "source material" content, and (b) resulting from the operation by any person or or- ganization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facility". "Nuclear facility" means: (a) Any "nuclear reactor"; (b) Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel", or (3) handling, processing or packaging "waste"; (c) Any equipment or device used for the processing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the "insured" at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto- nium or uranium 233 or any combination thereof, or more than 250 grams of ura- nium 235; (d) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the forego- ing is located, all operations conducted on such site and all premises used for such operations. "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a seif- supporting chain reaction or to contain a .critical mass of fissionable material. "Property damage" includes all forms of radioac- tive contamination of property. _~ ~. ~:--- °~ Page 2 of 2 Copyright, Insurance Services Office, Inc., 1997 _ _ IL 00 21 04 98 ~ COMMERCIAL GENERAL LIABILITY CG 00 59 09 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF INSURING AGREEMENT - KNOWN INJURY OR DAMAGE AND INSPECTIONS AND SURVEYS CONDITION This endorsement modifies insurance provided under the following: RAILROAD PROTECTIVE LIABILITY COVERAGE PART A. Paragraph 1. Insuring Agreement of Section I - Coverage A -Bodily Injury And Property Dam- age Liability is replaced by the following: 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as dam- ages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seek- ing damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investi- gate any occurrence and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III - Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered un- less explicitly provided for under Supple- mentary Payments -Coverage A. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" occurs during the policy period; (2) The "bodily injury" or "property damage" arises out of acts or omissions at the "job location" which are related to or are in connection with the "work" described in the Declarations; and (3) Prior to the policy period, no insured listed under Section II -Who Is An In- sured and no employee authorized by you to give or receive notice of an oc- currence or claim, knew that the "bodily injury" or "property damage" had oc- curred, in whole or in part. If such a listed insured or authorized employee knew, prior to the policy period, that the "bodily injury" or "property damage" oc- curred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Section II -Who Is An Insured or any em- ployee authorized by you to give or receive notice of an occurrence or claim, includes any continuation, change or resumption of that "bodily injury" or "property damage" after the end of the policy period. d. "Bodily injury" or "property damage" will be deemed to have been known to have oc- curred at the earliest time when any insured listed under Section II -Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim: (1) Reports all, or arty part, `of the "bodily injury" or "property mage" to us or any other insures - - (2) Receives a written or vertl demand or claim for damages because of the "bod- ily injury" or "property damage"; or CG 00 59 09 99 Copyright, Insurance Services Office, Inc., 1998 ~ Page 1 of 2 O (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. e. Damages because of "bodily injury" include damages claimed by any person or organi- zation for care, loss of services or death re- sulting at any time from the "bodily injury". B. Paragraph 5, of Section IV -Conditions is re- placed by the following: 1. We have the right to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 4. Paragraph Z, of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to certifica- tion, under state or municipal statutes, ordi- nances or regulations, of boilers, pressure vessels or elevators. _~ ~- - _~ Page 2 of 2 Copyright, Insurance Services Office, Inc., .1998 ~ CG 00 59 09 99 O WN IL 09 01 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC TERMINATION PROVISION This endorsement modifies insurance provided under the following: COMMERCIAL AUTO COVERAGE PART BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGECOVERAGE FORM TRUCKERS COVERAGE FORM COMMERCIAL CRIME COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART COMMERCIAL UMBRELLA LIABILITY COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART LEASHOLD INTEREST COVERAGE FORM WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY This endorsement amends the following policy terms and conditions: Under any Common Policy Conditions, Conditions section, Cancellation section, Nonrenewal section or Cancellation and Nonrenewal section, or any other section of the policy referencing nonrenewal or any endorsements added to the policy referencing these conditions, the following provision is added: Automatic Termination Provision This policy will terminate at the end of the current policy period if: 1. You fail to pay the required renewal/continuation premium when due; or 2. We offer to renew or continue and you or your representative do not accept. __. 1 ~_ =. _,_~ .~`. WN IL 09 01 02 Page 1 of 1 r r WESTERN NATIONAL MUTUAL INSURANCE COMPANY MINNEAPOLIS, MINNESOTA MUTUAL POLICY CONDITIONS This policy is issued by a Mutual,Company having special regulations lawfully applicable to its organization, membership, policies or contracts of insurance, of which the following shall apply to and form a part of this policy. This policy is nonassessable. The policyholder is a member of the company and shall participate, to the extent and upon the conditions fixed and determined by the Board of Directors of the Company in accordance with the provisions of law, in the distribution of dividends so fixed and determined. The insured is hereby notified that by virtue of this policy they are a member of the Western National Mutual Insurance Company, and that the annual meetings of the company are held at its home office in the city of Minneapolis, Minnesota on the second Tuesday in June in each year, at 1:30 p.m. The insured is entitled to vote either in person or by proxy at any and all meetings of said company. In Witness Whereof, we have caused this policy to be executed and attested, but this policy shall not be valid unless countersigned by our authorized representative, if applicable in your stafe. C'~„~,r~;,6Z. mom, Executive Vice President Senior Vice President 8~ Secretary WESTERN NATIONAL ASSURANCE COMPANY SEATTLE, WASHINGTON In Witness Whereof, we have caused this policy to be executed and attested, but this policy shall not be valid unless countersigned by our authorized representative, if applicable in your~stat ~~ ~~ vJo~.o v4. KwdB.~ Executive Vice President Secretary/Treasurer www.wnins.com