Free Motion for Summary Judgment - District Court of Delaware - Delaware

A ( ·· Ima I:wuun¤r:.-.·cNr CHANGES THE POLICY. PILJSE READ IT CAREFULLY. r
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Thisgendorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART ‘
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART R
I SCHEDULE t i
Caverage . Amount and Basis of_Deductible
I1ER—G-IaAIIVl——er—PER—9GGURREN’&E—-
Bodily Injury Liability . $ $
-—‘~·~¥+} £2'.§£.’¥£ii:.:—.T3ééi*5‘é.;:1‘-#$5%:2 .l·£ Z'1.-`£':=**ti-iff?F`;`+E,€’i.-'··`e,..:r.·i.%..k -5- ELI- '·
` `i``“° Prbpérty Damage LiabiIity`m""`”`kw"I`"`“"”` ”`'-- I'`` $
OR · A —
Bodily Injury Liability and/or I $ 2,500 S I
Property Damage Liability Combined
A. Our obligation under the Bodily Injury Liability and Property Damage Liability Coverages to pay
damages on your behalf applies only to the amount of damages in excess of any deductible amounts
, stated in the Schedule above as applicable to such coverages.
B. You may select a deductible amount on either a per claim or a per "occurrence" basis. Your selected
~ deductible applies to the coverage option and to the basis of the deductible indicated by the
placement of the deductible amount in the Schedule above. The deductible amount stated in the
Schedule above applies as follows:
1. PERCLAIM BASIS. lf the deductible amount indicated in the Schedule above is on a per claim ‘
basis, that deductible applies as follows: I _
a. Under Bodily Injury Liability Coverage, to all damages sustained by any one person because
of "bodily injury";
b. Under Property Damage Liability Coverage, to all damages sustained by any one person
because of "property damage";
c. Under Bodily Injury Liability and/or Property Damage Liability Coverage Combined, to all
damages sustained by any one person because of: ~
(1) "Bodily Injury";
(2) "Properly damage"; or ‘
' (3) "Bodily Injury" and "propeity damage" combined; or
d. Under Supplementary Payments-Coverage A and B, to all amounts we pay in the defense I
and investigation of any claim or "suit" tcewhich this insurance applies .
as the result of any one "occurrence". (
if damages are claimed for care, loss of services or death resulting at any time from "bodily
Injury", a separate deductible amount will be applied to each person making a claim for such
damages. .
With respect to "property damage", person includes an organization.
2. PER OCCURRENCE BASIS. lf the deductible amount indicated in the Schedule above is on a
"per occurrence" basis, that deductible amount applies as follows:
U070-0702 . Includes copyrighted material of ISO Properties, Inc., Page 1 of 2
with its permissien.
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L , true ¤Iw»..·¤.¤:;¤v(_ liz •..·nAmu:S IHE POLICY. PLET READ IT CAREFULLY.
age; -A - - 5-KAJ Document 47-6 Filed 06/17/2005 C Page 2 Of 4 ·.
WARC; L..ERTl(i·%iED AC I S OF TERRORISM AND OTHER
ACTS OE TERRORESM EXCLUSEON
This endorsement modifies insurance provided under the following: ‘
COMMERCIAL GENERAL LIABILITY COVERAGE PART ‘
LIQUOR LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART , A
RAILROAD PROTECTIVE LIABILITY COVERAGE PART E S

A- The i¤*l9wi¤9. ¢>s¢I¤sl¤¤_i.$_esl9sQ;__- ,- LLLL L__uL;L L,ur LLL, , EITL TTLLL . .
,j_i,_‘jj"fjQjii_ jjj?-{-H{§E§F,%é§jBggf,gt‘gpm, tO.`l_--_.T. ,I,_ .-_..--..--_-.-..... .,.,,. .,.. .- ..... --. ..Tr.. - .... --
WAR, TERRORISM AND PUNITIVE DAMAGES
"Any injury or damage " arising, directly or indirectly, out of:
(1) War, including: ` ‘ ·
» (a) undeclared or civil war; ·
(la) warlike action by a military force, including action in hindering or defending against an
actual or expected attack, by any government, sovereign or other authority using mili-
tary personnel or other agents; —
. (c) insurrection, rebellion, revolution, usurped power, or action taken by governmental
authority in hindering or defending against any of these; _
(2) "Ceitlned acts of terrorism" or "other acts of terrorism", including any action taken in hin-
dering or defending against an actual or expected incident of "ceitified acts of terrorism"
or "other acts of terrorism"; or 4 . ‘
(3) Any act of terrorism: L
(a) that involves the use, release or escape of nuclear materials, or directly or indirectly
results in nuclear reaction or radiation or radioactive contamination; or V
(b) that is carried out by means of the dispersal or application of pathogenic or poison-
ous biological or chemical materials; or
It (c) in which pathogenic or poisonous biological or chemical materials are released, and it
appears that one purpose of the terrorism was to release such materials;
regardless of any other cause or event that contributes concurrently or in any sequence to
the injury or damage in (1), (2) or (3) above; including
(4) Damages arising, directly or indirectly, out of (1), (2) or (3) above that are awarded as
punitive damages.
B. Exclusion h. under Paragraph 2. Exclusions of SECTION I — COVERAGE C MEDICAL PAY- .
MENTS does not apply. 4 A
C. The following definitions are added to the DEFINITIONS Section:
For the purposes of this endorsement, "any injury or damage" means any injury or damage covered
under any Coverage Part to which this endorsement is applicable, and includes but is not limited to
"bodily injury", "property damage", "personal and advertising injury", "injury" or "environmental dam-
· age" as may be defined in any applicable Coverage Part. _ A
i.lCG2*i75-1102 Contains material © ISO Properties, Inc., 2002 with its permission. Page 1 ef 2
PAD I

`tt F e 7,7 ....r`·=·==e¤::$q·~f=`f`Jll\I:. Q V
NOTICE OF INSURANCE COVERAG CIQ1 T T r EJERRORISNI
I I · Cas , 1 :04-cv—01275-KAJ _ _Documer§ &
You are hereby noified that, under the Terrorism Risk Insurance Act of 2002, effective November 26, 2002, you now have
a right to purchase insurance coverage for losses arising out of acts of terrorism, as defined in Section 102(1) of the Act.
The term "act of terrorism" means any act that is certified by the Secretary of the Treasury, in concurrence with the
Secretary of State and the Attorney General of the United States: to be an act of terrorism; to be a violent act 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 ofan air carrier or vessel or the premises of a United States mission; and to have
been committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an
effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United
States Government by coercion. T
Coverage under your policy may be affected as follows: .

reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays __ A
.. 9.0% ofcovered- terrorism losses exceeding the statutorily established deductible paid by theinsurance company providingf
the coverage. The premium charged for this coverage is provided below and `doesnot include any charges for the portion
of loss covered by the federal government under the Act. .
You should also know that your policy does wt provide coverage for acts of terrorism that are not certified by the ‘
Secretary of the Treasury.
_ - Election or Reiection of Certified Terrorism Insurance Coverage
You must elect or reject this coverage for losses arising out of certified acts of terrorism, as defined in Section 102(1) of
the Act, before the effective date of this policy. Your coverage cannot be bound unless our representative has received
this form signed by you on behalf of all insureds with all premiums due.
D Ceverage elecctien. V
I hereby electtto purchase coverage for certified acts of terrorism, as defined in Section 102(1) of the Act for a
prospective annual premium of $ . I understand that I will not have coverage for losses arising
from any monecertilied. acts of terrorism. _
I CR · A
X Coverage rejection. · _
I hereby electnot to purchase coverage for certified acts of terrorism, as defined in Section 102(1) of the Act. I
understand that I will not have coverage for any losses arising from certified or non—certified acts of terrorism.
Signature On File COLONY INSURANCE COMPANY
PoIicyholderIAppIicant’s Signature- Insurance Company
Must be person authorized to sign for all lnsureds.
On File GL123393
Print Name Policy Number
, ~ On File .
DON s I-IYDRAULICS INC.
` Named Insured 37003
On FHS Producer.Number
_
Date D.V.U.A. gHATBOROl
_ Producer Name
I , 420 S YORK RD
_ _ Street Address
- — ` I HATBORO, PA 19040
A City, State, Zip g
The producer shown above is the wholesale insurance broker your insurance agent used to place your
insurance coverage with us. Please discuss this Disclosure with your agent before signing.
A rib {21- A
TRIA2002Notice-1202 eg!} Etfdgm saga 1of1
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T¢tISeENII`¥Q8SfE1\REI$IWIS`»I-IAIl})GE*;’5'*°I'¥*I‘E FVOEICYEIIEILERS E I`IPC%IREFULLY.
· — Policy Change Number 1 "
POLICY NUMBER POLICY CHANGES EFFECTIVE COMPANY A
—-3-1-QQG i:9i\P{—INSURANGE—GO‘NI‘RAN‘
_=:_ AUTHORIZED. REPRESENTATIVE —
DON'S HYDRAULICS INC. I D.V.U.A. (HATBORO) .
COVERAGE PARTS AFFECTED ‘
ALL COVERAGE PARTS I n _
U CHANGES
CANCELLATION ENDORSEMENT
IN CONSIDERATION OF A RETURN PREMIUM OF $4,313., IT IS HEREBY UNDERSTOOD AND AGREED
THAT THIS POLICY IS CANCELLED EFFECTIVE 12-31-2003 12:01 A. M. STANDARD TIME.
ALL OTHER TERMS_AND CONDITIONS cia THE POLICY REMAIN UNCHANGED.
O1/14/2004 /IS I · I
AuthorizedRepresentative Signature
IL 12 01 11 85 l » Copyright, Insurance Services Office, Inc., 1983 Page 1 of1
Copyright, ISO Commercial Risk Senxices, Inc., 1983 '
DA? I