Free Statement - District Court of Arizona - Arizona

EXHIBIT 7
Case 2:04-cv-00662-DGC Document 112-5 Filed 09/30/2005 Page 1 of 46

CO·vLMERCIAL U?cIBRELLA LIABILITY POLICY
Item 1.

DECLARATIONS PRODUCER

POLICY NUMBER
Rbi·IM

REPUBLIC WESTERN
INSUIL4.N CE COMPANY PHOENIX, AZ

NAMED INSURED & ADDRESS

AMERCe, et a! (per endoraement
2727 North Cenlral Ave.

Poticy Peried: 0tett:im.d't·r called '·th policy period'] !2:tq[ AM Stand ar-J at the add· tff the Nanmd Iilsu·d :anted herein.

Item 3. Limit of Liabtllt·,' as Insuring A·eement Vl (A) Coverage I(a) or l(b) or [(c) or all combined with respect to em:h ocearrence 5,000,000 Limit in ·le ag.m'e,?,ate for eachmmual period (B) whm'· t·pplicnble Per Endorsement (C) Retained Limit item 4. Premium Compmatiam Estimat·rJ Armual Rate per Estimated Anrmal Premium 3,475,208.011 Annual Minimum Premium $ Advarme Premium la the event of cancellation by th= named insured th· CcmTmny shall recei',,e imd not retain less than $ as n policy minimum premium. Item 5. During the pa·t year no inaurer h= cane=lied ·y similar insurance issued ·o the Named lnsured· nor declined to issue such hawaragce, unless otherwise stav:d herein: * ABSENCE OF AN ENTRY MEANS "NO EXCEPTION"

.·

Endorsements:
Per Schedule

REI'UBIAC WESTERN IN SUR.,LN C"E CO·PANY P IIOENL· AZ

EXHIBIT

Case 2:04-cv-00662-DGC

Document 112-5

Filed 09/30/2005

Page 2 of 46

11-18-2004 09 11 A

i·

Ihe

COMNIERCIAL UMBRELLA
LIABILITY POLICY
DECLARATIONS

belc·mbered
REPUBLIC WESTERN INSURANCE COMPANY PHOENIX, AZ

PRODUCER

POLICY NUMBER

RU!VIM NAMED INSURED & ADDRESS

AMERCO, et al (per endorsement #2)
2727 North Central Ave.

Phoenix, AZ 85004
2.

Policy period: (hereinafter called "·his policy period') 12:01 AM

Item 3. Limit of Liability' as Insuri·ement V[ (A) Coverage I(a) or I(b) or I(c) or all combined
with respect to each occurrence $

5,000·000

(B) Limit in the aggregate for each mmual period
Per Endorsement Retained Limit $ Item 4. Premium Computation: Estimated Annual Rate per Esthnated Annual Premium $ 3,475,208,00 Anmmi Minimum Premium $ Advance Premium $ In the event of cancellation by the named insured the Company shall receive and not retain less than $ as a policy minimum premium. Item 5. During the past year no insurer has cancelled any similar insurance i·sued to the Named Insured, nor declined to issue such insurance, unless otherwise stated herein: ABSENCE OF AN ENTRY MEANS "NO EXCEPTION"
$

where applicable

(C)

Per Schedule
REPUBLIC WESTERN INSURANCE COMPANY PHOENEK, AZ

By:
(Authorized Kepresentative)

UHAUL / REPWEST

O14·;3

Case 2:04-cv-00662-DGC

Document 112-5

Filed 09/30/2005

Page 3 of 46

11-18-2004 09:11 AM
Republic Western Insurance Company
PHOENIX, ARIZONA

COM MERCIAL UMBRELLA LIABILITY POLICY

INSURING AGREEMENT5

UHAUL/REPWEST

01484

Case 2:04-cv-00662-DGC

Document 112-5

Filed 09/30/2005

Page 4 of 46

UHAUL/REPWEST

014B·

Case 2:04-cv-00662-DGC

Document 112-5

Filed 09/30/2005

Page 5 of 46

Case 2:04-cv-00662-DGC

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11-18-2004 09:11

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UHAUL/REPWEST Document 112-5 Filed 09/30/2005

01485

Page 6 of 46

REPUBLIC WESTERN INSUtL'tNCE COMPANY

SCHEDULE OF ·,.NDORSEMENTS

RWRVlO0

(o4/8£)

Case 2:04-cv-00662-DGC

·

11-18-2004 09:11 AM

UHAUL/REPWEST

01487

Document 112-5

Filed 09/30/2005

Page 7 of 46

!1-I8-2004 09:11

·,M

O
ENDORSEMENT NUMBER
EFFECTIVE DATE OF ENDORSEMEN·

REPUBLIC WESTERN INSURANCE COMPANY
NAMED INSUP·D

P,·public Weslern Insurance Company

SCHEDULE OF UNDERLYING INSURANCE RU'/VIM
Carrier, PoLicy # & Period
Republic Western Ins, Co.
4/1/00 to 4/i/01

Coverage
Commercial General Liability

LimiL·

Policy # RGMM
Republic Western Ins. Co.
4/1/00 to 4/1/01 Policy # ROMM

$250,000 CSL Per Occurrence $250,000 Aggregate Where Applicable $25,000 Per Occurrence
$250,000 Aggregate Where Applicable

Customer Goods L·gal Liability

Republic Wes·"a Ins, Co,
4/i100 to 4/1/01 Policy # RAMM

Business Auto Liability

Statutory Financial Responsibility
LLmits Per State

Republic Wes'tera Ins. Co.
4/1/00 to 4/I/01 Policy # RGMM

Excess Auto Liability

This policy to cover the difference between $250,000 CSL per occurrence $250,000 aggregate where appliczble and underlying limits of statutory limits per state as respects BusIness

Auto Liability,

Republic Western Ins. Co,
4/1/00 to 4/1/01

Excess Liability

Policy # RXMM
Old Republic (Canada) 4/1/00 to 4/1/01 Policy # Z16 t02433A Old Republic

$1,750,000 Each Occurrence $1,750,000 Aggregate Where Applic·ble
$250,000 CSL

Business Auto

Liability

(CanaL)

4/1/00 to 411/01

Policy # ZI 6100-03
CIGNA 1011199 to 10/1/00 Policy #S00368672

Commercial G·neral Liability

$250,000 CSL Per Occurrence $250,000 Aggregate Where Applicable

A·Ta· Liability

RWRVIO0(·/·)

Case 2:04-cv-00662-DGC

UHAUL/REPWEST Document 112-5 Filed 09/30/2005

Page 8 of 46

01488

REPUBLIC WESTERN INSURANCE COMPANY
NAMED !NSURED
AMERCO,
I al

POLICY SY·tvLBOL

POLICY NLQ·BEK

RUMM 0410 ]/00·)4/01/0 ISSUED BY ·NAMIS OF INS·CE COMPANY)

Carder, policy # & Period

Ranger Ins. Co.
5/16/99 to 5/16/00

Policy #SA33944 Liberty Mutual Ins. Group 4/1/00 to 411101 Policy # WC7641-004259<110
States Include.d: AX, ID, OR, & WI Excluding Monopolistic

$i,000,000 Policy Limit

States
Liberty Mutual Ins. Group
4/I/00 to 4/1/0i

Employers' Liability

Policy # WC7641-004259-020 All others States ·xcludlng Monopolistic States
National Union Fire Insurance 411/00 to 4/1/01 Policy #RMC3209878
Hawaii only

$1,000,000 ]·ch Accident $1,000,000 [Each 'Employee $1,000,000 Policy Limit

$2,000,000 CSL

Auto Liability

National Union Fire Insurance
4/1/00 to4/l/01

Garage

$2,000,000 CSL

Policy # 3209879 Hawaii only

Liberty Mutual
7/i/99 to 7/1/00

Warehousemen Legal

3,000,000

(Self-Storage)

Policy # MC2-RGL-0378340!8/3

Continenud Insurance Co. 11/8/98 to i/8/99

Yacht- 72 Ft. p & I

$1,000,000 p &

Policy # KOY3114

Groupo Nacional Provincia!
1/7/00 to 1/77/01

Mexican Auto

$ IOO,0OO q·nLrcl Par·y

Liability

Pniicy #62854
Navigators Insurance Co.
11/8/00 to 11/8/01

Excess P & I Ya·b.t

$9,000,000

Policy #96L3188/41
All other tern· and conditions remain unchanged.

RWRV lO0 (o4/oo)

UHAUL/REPWEST

Case 2:04-cv-00662-DGC

Document 112-5

Filed 09/30/2005

·

·

11-I8-2004 09:11

AM

ENDORSEMENT NUM·EK
POLICY PERIOD

Coverage .MreraR Liability
Employers' Liability

Limits

$2,000,000 CSL

$1,000,000 ·aach Accident
$1,000,O00

Employee

BIfPD

·xcess

01·B9

Page 9 of 46

11-18-2004 09:11 AM

REPUBLIC WESTERN INSURANCE COMPANY
NAMED II·SURED
=t a! pOLICY SYTv£BOL

i

ENDOKSEMENT NUMBER
2

.AMERCO·

POLICY NIFMBER

POLICY PER!OD

EFFECTIVE DATE OF ENDORSEMENT

NAMED INSURED ENDORSEMENT

Amerco, A Nevada Corporation, U-Haul International Inc., A Nevada Corporation mad their subsid·arles, affiliated, associated or allied companies, corporation, faTm or hadJvidual· as now or hereinafter eonsthuted for wkieh Lira Named Insured ·as respeasibility for plach·g hasurance and for which, similar coverage is no': othm·vise more specifically provided, and the U-Haul Federal
C·edit Union.

A[I other terms a·d conditions remain unchanged.

R'vV·V

O0

(04/89)

UHAUL/REPWEST

014·0

Case 2:04-cv-00662-DGC

Document 112-5

Filed 09/30/2005

Page 10 of 46

REPUBLIC WESTERN INSURANCE COMPANY
AMEKCO, et al pOIICY SYMBOL
3

POLICY NUMBER

POLICY PEIUOD

EFFECTIVE DATE, OF E·XDORSEMENT

POLLUTION OR HAZARDOUS WASTE MATERIALS EXCLUSION
It is understood ·d agreed that the coverage as afforded by this policy does no·. apply

Bodily I·jury, Personal I·jury and/or Property Damage (incindiag the loss of use thereof) caused by, contributing to or arising out of the discharge, dispersal, release or escape of smoke, vapor·, soot, fumes, acids, alk,alis, toxic chemicals, liquids or gases, waste mate6als or other i·itants, pollutants or contaminants into or upon the }.and, the a·aospheve or any course or body of water, whether
above or bd·v the ·round.

h is tmde·tood mad ag·..ed that die intent and effect of this exclusion is to d·iete from

·le·t, def· or ·m· ·y way ·s·g out of such di·ge, ·lea· or esca· wh· ·ch ·sul· ·m t· im·d'· activities or ·e a·tvities of is ·d whe·er or nm o· or wh· or ·t such is s·d· or
·

All odier terms and conditions remain unch·ged.

RWRV 100

UHAUL/REPWEST

Case 2:04-cv-00662-DGC

Document 112-5

Filed 09/30/2005

·

11-18-2004 09:11 AM

O

·a·

·

·

Page 11 of 46

01491

!I-18-2004 09:11

AM

REPUBLIC ·,VE.STER·qNSURANCE COMPANY
AMERCO, et al

·ll

POLICY SYMBOL

POLICy NLrIv· ER

POLICY PERIOD
04/01 !00-04101 I01

RLrMM ISSUED BY (·NAME OF INSURANCE COMPANY)

Republig Western Insurance

AMENDATORY ENDORSEMENT

h·urhg Agr·ments, Section 2I, Dffmition of Named .Insured aud ·u·cl is ·rae'nde.d as follows:

(e) Excgpt for lessees, nnt·r·, or the·- permissive users of U-HBul owned

UHAUL/REPWEST

Case 2:04-cv-00662-DGC

Document 112-5

Filed 09/30/2005

Page 12 of 46

01492

REPUBLIC WESTEtL·'INSURANCE COMPANY
NAMF.D INSURED

POLICY SYMBOL

POLICY NUMBER

ISSUED BY (NAME OF INSUP.·NCE COMPA·NY)

Republfc Western Insurance Company

Subject to the limit of"each occurrence" or "each accideat", the total limit of liability of the Company for all damages because of bodily injury mad property damage hacluded within the products hf·.ard shall not exceed $12,000,000 "aggregate" i· any one policy year for Products which are sold by Amereo or its subsidiaries. This aggxegate L·ait does n· apply to vekicles (e·Lher'trucks crr trailers) or oflmr property owr·ed by Amerco or its subsidiaries rented or leased to U-Haul customea-s.
It is understood azd agreed that this policy at'aches excess of aggregate limits of $2,000,000 for the products hazard. Said aggregate uaderl)dag limits of $2,000,000 provided to the Named ·surt:d per schedule of underlying
imu.rmxee.

other terms mad conditions r·main unchanged.

RWRVI00 (04/89)

Case 2:04-cv-00662-DGC

·

11-18-2004 09:11

AM

ENDORSEMENT NUMBER
5

POLICY PEPdOD

EFFECTIVE DATE OF ENDORSEMENT

PRODUCTS AGGREGATE

AUTHOF,·ZED

R·P·
01493

UHAUL/REPWEST Document 112-5 Filed 09/30/2005

Page 13 of 46

11-18-2004 09:11

AM

REPUBLIC WESTEt· INSURANCE COMPANY

·1·

·'

Republic Western Insurance Com·

DROP DOWN EXCLUSION

The liability of the Company shall not be increased by the refusal or inability of the Insux·d to pay its Self-Insured Retention (or retained limit) or by We refusal or i·ability of any ·,nderlying insurer to pay, whether by reason of insolvency, bankruptcy or othe·visc,

Al! 0thor ·'ms and conditions remain unchanged.

RWRV! O0 (04/89)

UHAUL/REPWEST

01494

Case 2:04-cv-00662-DGC

Document 112-5

Filed 09/30/2005

Page 14 of 46

REPUBLIC WESTER·INSURANCE COMPANY
NAMED INS LrRED
AM·RCO, el al

FINANCIAL INSTITUTIONS ENDORSEMENT
It is agreed t·at

(a) PERSONAL ]2,/JURY or PROPERTY DAMAGE arising out ofthe
ov·ership, maintenance, operation, use, loading unloading of any aircra·: or water craft i· which the Insured has any financial interest.

PERSONAL INJURY or PROPERTY DAMAGE to arising out of may prop·'·ty held or in the care, custody or control of the Insured while Insured is ·ting in any fiduciary capacity; This pa·graph does not apply to Real Estate owned properties ·md Forced Placed properties.

PROPERTY DAMAGE to money, currency, coin, hark notes, Federai Reserve Note·, pestsge and revenue stamps, U.S. Savings Stamps, bullion, precious metals of all kinds, and in 8.ny form articles made fi·m such precious metals, jewelry, watches, necklaces, bracelets, gem·, precious ·md s·ml-precious stones, bonds, securities, evid·aces of debts, debentures, script, certificates, receipts, warrants, rights, transfers, coupons, dmfs, bills of exchaage, acceptances, notes, eheek·, withdrawal ·rde·, money orders, travelers checks, letter· of credits, bills of lar·ag, abstrzcts oftlthi, izs'uranee pollcies, deeds, morlgages upon real estate and/or upon chattels and upon interests thar·in, and assignments of such policies, morlgages and instruments, and other valuable papers and documents, and all ot·r ·s·mants similar to or in the nature of the
foregoing;

Aft other terms mad conditioas remain unchanged.

XWRVIO0

(04/89)

Case 2:04-cv-00662-DGC

·

1'[-18-2004

09:11

AM

ENDORSEMENT NUMBER
7-

pa·e

of 2

eove·ges under this policy apply to:

UHAUL/REPWEST

01495

Document 112-5

Filed 09/30/2005

Page 15 of 46

REPUBLIC 14/ESTER·INSURANCE COMPANY
NAMED INSURED

ENDOKSEMENT ·ER
7-Page2 of 2 E·TECTWE DATE OF ENDORSEMENT
04101/00

·_public Western Insurance Comp·L

(d)

may damages arising out of any act, error or omission of any I·sttred or ny agent or sub·t of·y while aet·g any fidaei· capaci·. ·e t· F·U·Y ·AC· as us· ·dom·t sh·l ·lu·, b· only by way of limitation:

Admlnislrator, executor. Trustee under will or personal l·ust
agreement, cotamittee for incompetents, guardian and agent or subagent for art), of the foregoing, custodian of securities, manager of real or personal property; or

Interest or dividend clisbursing agent, paying agent, fiscal agent,
transfer agent, registrar, agent for voting t·astees, warrant agent, depezitory, or agent for a ¢ummktee of b.·Idem of st·ck or ·tie·, escrow agent in any similar lrust capacity, includi·g trastee under corporate bond indenture, a sinking fuxxd agent or receiver or trustee appointed by any court in receivership, bankruptcy or re-organization

proeee.d·gs.

UHAUL/REPWEST

Case 2:04-cv-00662-DGC

Document 112-5

Filed 09/30/2005

·
·
·

"·1-18-2004 09:11 AM

·1

·

·

·

014£6

Page 16 of 46

11-18-2004 09:11 AM
NAMED INSURED

REPUBLIC WESTER·INSURANCE COMPANY
ENDORSEMENT
8

·1

AMERCO· ct al

R_·ubiic Western Insurance Company

INSURANCE COMPANY ENDORSEMENT
h is agreed that

coverages under this policy apply to:

(a) PEP.SONAL L·IJU'KY or PROPERTY DAMAGE arising out of the
ownership, mainteuance, operation, use, loading or unloading of arty aircr·d· or water craft in which the insured has any fintmcinl interest;

Co) PERSONAL IN.IU'P.y or PROPERTY" DAMAGE to or arising out of any property held by or in the care, custody or control of ·e Insured while the Insured i· acting in any fiduciary eapaelty; except this paragraph does not apply to Real Estate Gwned Properties lind Forced Place Pmpertins;
PKOPE.RTY DAMAGE to money, cun'ency, coin, bank notes, Federal Reserve Notes, postage and revenue ·tamps, U.S, Savi·gs Stamps, bullion, precious metals of all kinds, and in imy form articles made from such Frecioua metals, jewelry, watches, neeldaces, braceints, gems, preehous and semi-precious ·tones, bonds, securities, evidoaces of debts, debentures, script, certificates, roee·pt·, win'rams, fights, trims fer.·, eoupo·a·, drafts, bill.· of exchange, acceptances, notes, cheek·, withdrawal orders, money orders, travelers cheek·, letters of credits, bills of lading, abstracts of title, msm-',·ce polinins, deeds, mortgages upon rea! estate and/or upon chattels mad upon Interesm therein, and assignments of sucb.pollcies, mm,tgages and inst:mme·tts, and other valuable papers and documents, and all othm" instnanents similar to or in the nature ofthe foregoing;

A·y damages arising out 0fany act, error, mistake or omission of any Insured, any agent or sub-agent of any Insured while acing in any fiduclmy
capacity;,

other te·ns and conditions remain unchanged.

RWRVIO0 (04/89)

Case 2:04-cv-00662-DGC

UHAUL/REPWEST Document 112-5 Filed 09/30/2005

01497

Page 17 of 46

REPUBLIC WESTERN I·S UlCANCE COMPANY

(e) Any damages assumed by any Insured, agent or sub-agent of any Insured under any instmmee binder of may contract neLating to insurance, suretyship
or reinsurance;

(0 Any damages resiting from any act, error, mistake or omission committed
aileged to have beer, committed by may insured or any person for whom the insured is legally responsible and arisMg out of:
or
1,

The writing or failure to write any contracts of hasurance, sureltyship or

2. 3.
4,

Any consulting, or insurance agent or broker ·ctJvities;

The operation of any investment, loan real estate departments; Any in·pectinn, ertgineermg or safety eaginee·ng services; or 5. Any data processing or computer services.

(g) Any damages arising out of the bridling of any claims.

other

and conditions remain on=hanged.

AUTHORIZED

RWRV 10o ·04/89)

UHAUL/REPWEST

Case 2:04-cv-00662-DGC

Document 112-5

Filed 09/30/2005

·

11-18-2004 09:11 AM

I·

01498

Page 18 of 46

11-18-2004 09:11 AM
NAMED INSURED

·ll REPUBLIC WESTEIi·INSURANCE COMPANY
ENDORSEMENT NUMBER
9

EFFECTIVE DATE OF ENDORSEMENT

R ublic Weste· Insurance.Company

ASBESTOS EXCLUSION

This insurmace does not apply to any liability for property damage, personal injury, sickness, disease, occupational disezse, disability, shock, death, meaatad anguish and mental injury at a·y time arising out of the manufacture of, mining of, use of, s·des of, installation of, removal of, distribution of or expos-are to asbestos, axbestos products, ·.sbestos fibers or dust, or to may obligation of the insured to indemnify may party because of d·mages m'ising out of such property danmge, bodily injury, sinkness, disease· oeeupatinnal disease, disability, shock, de·th, mental maguish or mental injury at any time ·rising out of the mmau factur· of, mining of, use of, sales of, i·tallation of, removal of, distribution of or exposure to ·sbestos, asbestos products, asbestus fiber· or asbestos dust.

It is fu·her agreed thaZ the iz·urance carrier is n· obligated to defend any suit claim against the insured alleging personal injury or property damage ·d seeking claim arises from bodily injury or property damag· damng·es, if such suit resulting from or contributed to, by any and all manufacture of, mining of, use of, sales of, installatlon of, removal of, dish'·but[on of, or exposure to ·sbestos, Bsbestos products, ·bcstos fibers or asbestos dust.

All other terms ·d conditions remain unchang·.

RWRV O0

UHAUL/REPWEST

0149£

Case 2:04-cv-00662-DGC

Document 112-5

Filed 09/30/2005

Page 19 of 46

NAMED INSURED

AMERCO, et al POLICY SYMBOL

POLICY NLrMB ER

POLiCy PERIOD

EFFECTIVE DATE OF ENIhORSEMENT

RUMM ISSUED BY (NAaME OF INSURANCE

04]01/00-04!01/0

Republic Western Inauranee Comport),

WRONGFUL TERMINATION· HARASSMENT
AND DISCRIMINATION EXCLUSION

This policy does not apply to Personal Injury claims arising out of the

A past, present or prospective employee of the Insured, arising out of employmem action, practice or policy of the Insure.d, including, but not limited to, that of hiriug or fL-ing, promotion or demotion, performance evaluation, compensation, disciplinary action retirement, layoffor trm· feq
or

2.

Pray relative or member of the family of that past,
employee as

present or prospective

consequence of(1) above.

All other terrtm and conditions remain unchanged.

UTHOR!ZED·Iv·UHAUL/REPWEST
01500

·WRW O0 (04/69)

Case 2:04-cv-00662-DGC

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·

REPUBLIC WESTEI2·INSURANCE COMPANY

·

11-18-2004 09:11 AM

following:

Page 20 of 46

11-18-2004 09:11

AM ·1 REPUBLIC WESTEIi·'INSURANCE COMPANY
ENDORSEMENT NLrMBER
EFFECTIVE DATE OF ENDQRSEMENT

NAMED INSURED

Rept·blie Western Insurance Company

ERISA EXCLUSION

It is agreed that coverage afforded under this policy shall not spply as respects any oblig·tiorts incurred imposed upon any In·ared (·r which is imputed to Inst,tred) under the "Employee Reth'eme=t Income Security Act o£ 1974" Public Law 934.06 a.ud ·ay Law ar·emclatory thereof.

All orb.or

and conditions remain unchanged.

RVVRVI00 (04/89)

UHAUL/REPWEST

01501

Case 2:04-cv-00662-DGC

Document 112-5

Filed 09/30/2005

Page 21 of 46

11-18-2004 09:12 AM

REPUBLIC WESTERNINSURANCE COMPANY
ENDORSEMENT NUMBER

AMERCO· ¢t ai
POLICY SYMBOL

POLICY N·3MBER

POLICY PERIOD

E .FF,, ECTIVE DATE
04/0

ol2F

ENDO1LS EMEhT

ISSUED BY (NAME OF INSURANCE COMPANY)

F·MPLOYMENT-RELATED PRACTICES EXCLUSION

In consideration of the premium charged, it is tmderstood and a/V'eed that the Insurer shall have no obligation to defend or indemnify wit· respect to may claim alleging or asserting in arty respect loss, injury, or damage (including consequential bodily injury) in comaectinn with Wmngfu! Termination of the Insumd's employees and/or Discrimination involving the Insured's employees and/or Sexual Harassment of the Insu·e.d's employees.
The following de·nifions ·pply to the foregoing:

Wrongful Termination
in a
mariner

means termination uf an employment relationship which is against the law and wrongful or in breach of implied agreement to continue employment.

Disc·nination mean termination of employment relation or demotion or a failure or refusal to hire or promote any individual because of race, color, religion, age, r·x, disability, pregnancy or natural origin.

sex· favors mad/or other ver·al or physicat conduct of a ·:·.txl n·ture
that (1) are made a condition of employment and/or (2) are used as a basis for employment deci·iom and/or (3) create work environment that interferes with performance,

All other terms and conditions remain unchanged. RWRV100 (04/89)

Case 2:04-cv-00662-DGC

UHAUL/REPWEST Document 112-5 Filed 09/30/2005

01502

Page 22 of 46

EXHIBIT 8
Case 2:04-cv-00662-DGC Document 112-5 Filed 09/30/2005 Page 23 of 46

[] LUMBERMENS MUTUAL CASUAL'T·' ·.·MPANY [] AM[RICAN MOTORISTS INSURANCE COMPAh/Y

MERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY (AMM) AMERICAN PROTECTION INSURANCE COMPANY (AMPICO)

The company

prayiding the insurance afforded by Lhis policy is indicated above.

COMMERCIAL EXCESS LIABILITY POLICY DECLARATIONS
NAMED INSURED: AMERCO/U-HAUL, ETAL C/O 2727 N. CENTRAL AVENUE
POLICY NUMBER:
9SR 120037-01

PHOENIX, AZ 85004

2.
3.

THE NAMED INSURED IS: CORPORATION
T004/01/2000 POLICY PERIOD: FROM04/01/1999 12:01 A.M. Standard Time at your mailing address. PRIOR POLICY NO. 9SR120 037-00
LIMITS OF LIAI·ILITY: SEE FORM NO. CE 79 14 (Ed. 05 98)

4.

LIMITS OF LIABILFTY

EACH OCCURRENCE OTHER AGGREGATE

PRODUCTS-COMPLETED OPERATIONS AGGREGATE
5.

FORMS AND ENDORSEMENTS APPLICABLE TO POLICY': SEE FORM NO. IL 78 12 (Ed. 0S 98) SCHEDULE OF FORMS AND ENDORSEMENTS

EXHIBIT

6. TOTAL POLICY

PREMIUM: FLAT B·sis of Premium:

Advance Premium:

Annual Minimum Premium:

Policy Minimum Premium:
7. PRODUCER INFORMATION

AON RISK S[RVICES, INC. OF ARIZONA 3200 EAST CAMELBACK ROAD, SUITE 210 PHOENIX, ARIZONA 85018-2320

CE 72 DO (E· 0· 98)

Page 1

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Page 24 of 46

SCHEDULE OF UNDERLYING INSURANCE
Except when stated
ments defimt·ons, no event sha thls

EXCESS

to apply otherwise, this policy is subject to all of the terms, condi[ions, insuring a·eeand exclusions (hereafter called prowslons) of the Designated Underl)nng Pohcy, but in po icy be subject to the provlslons of the Des·gnaled Underly ng Pal o/" Wlth resp·-·-t to ·he premium, the ·Policy Period," the renewal or extension agreement (if any), the amount or Limits of Liability or any other provision oi" the "Designated Underlying Policy" that may be inconsistent with this pol-

icy.
The Schedule of Underlyin/] Insurance is

completed as follows:

Designated Underlying

Policy

Insurer: REPUBLIC WESTERN INSURANCE COMPANY Policy Term: From 04/01/1999 Policy Number: RU99 Each Occurrence Limits: $"4,000,000
$" 10,000,000

To 04/01/2000

Aggregate (where applicable) Prod ucts!Completed Operations A·r·te Products Sold only, Excess of Primary

Other Undertylng Insurance

Insurer: REPUBLIC WESTERN INSURANCE COMPANY Policy Term: From 04/01/1999 Policy Number: RU299 Each Occurrence $"'2,000,000 Limits: $'°2,000,000 Aggregate (where applicable)

To 04/01/2000

Excess of $4,000,000. Each Occurrence/A·gregate, where applicable, Excess of Primary.

"Deslgnated Underlying Polic· me;ans the insurance policy or policies indicated derlying Insurance (including any renewal or replacement thereol·.
All other terms and conditions of this policy remain unchanged.

in the Sd·edule oi Un-

Case 2:04-cv-00662-DGC

Document 112-5

Filed 09/30/2005

Page 25 of 46

SCHEDULE OF FORMS AND ENDORSEMENTS
CE 72 00 (Ed. 05 98) CE 70 00 (Ed. 04 97) CE 7"1 00 (Ed. 04 97) CE 79 04 (Ed. 05 98) IL 78 12 (Ed. 05 9·]) CE 79 12 (Ed. 05 98) CE 29 14 (Ed. 0.S 98) CE 77 10 (Ed. 06 97) CE 29 32 (Ed. 07 98)

COMMERCIAL EXCESS LIABILITY POLICY DECLARATIONS COMMERCIAL EXCESS LIABILITY POLICY JACKET, PAGES 1-2 COMMERCIAL EXCESS LIABILI3"Y COVERAGE FORM, PAGES 1-7 SCHEDULE OF UNDERLYING INSURANCE EXCESS SCHEDULE OF FORMS AND ENDORSEMENTS EXCESS COMMERCIAL EXCESS FOLLOWING FORM COMMERCIAL EXCESS LIMITS OF LIABILFFY AZ CANCELLATION AND NONRENEWAL AZ CHANGES

All od·er terms and conditions of this policy remain unchanged.
IL 78 12 (l·d. Os 98)
Printed In

Case 2:04-cv-00662-DGC

Document 112-5

Filed 09/30/2005

Page 26 of 46

·

COMMERCIAL EXCESS FOLLOWING FORM
A. This policy follows the exact terms and conditions of the Republic Western Insurance except with respect to: Insurance Company policy number
1. The Limits of
·

Company,

Liability of this policy shall be $13r000,000 Each OccurrenGe, $13,OO0,O00 Aggregate, where applicable, $13,0001000 Products/Completed Operations A·:·gregate, in excess of limits shown in the Schedule of Underlying Insurance; policy shall be
$137 000;

2. The Premium o1" this 3.

and

Any coverage modification endorsement attached to this policy.

B. All

and conditions of form CE 71 00 (Ed. 04 97) are deleted to the extent that they with the terms and conditions of the Republic Western Insurance Company· are inconsistent Insurance Company policy number RU99.

preprinted

terms

C. Nothing contained in this endorsement shall obligate us to provide a duty to defend or investigate any claim or suit before the Underlying Insurance Limits shown in the Schedule of Underlying Insurance, are exhausted by payment of judgment·, claims or settlements.

All other terms and conditions of this p·licy remain unchanged.

THIS ENDORSEMENT MUST RE ATIACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRI'ITEN.
I· 79 12 (Ed. 0S 98)
Pr{nted in U.S.A.

Case 2:04-cv-00662-DGC

Document 112-5

Filed 09/30/2005

Page 27 of 46

COMMERCIAL EXt_,-SS
It is understood and wid· the following:

LIMITS OF LIABILI'I
4, Limits of Liability, of the Declaration page is deleted and

agreed that Item

replaced

·

LIMITS OF LIABILITY
Each Occurrence
Genera[ Aggregate
$'I 3,000,000
$'I 3,000,000

Products-Completed Opera6ons A·regate

$

13,000,000

Excess of

Each Occurrence General Aggregate

$ 6,000,000 $" "6,000,000

products-Completed Operations A·g·e[·ate

$"6,000,000

Which is excess of primary insurance scheduled therein.

All other terms and conditions or this policy remain unchanged.

THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTERTHE POLICY
IS WRITTEN.
iCE 79 14

(Ed. 0S 98)

PHntedin

Case 2:04-cv-00662-DGC

Document 112-5

Filed 09/30/2005

Page 28 of 46

ARIZONA CHANG._5

CANCELLATION AND I',ONRENEwAL

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance

provided under the following:

COMMERCIAL EXCESS LIABILI·'Y COvEI·,GE FORM
A. The following is addu·d to parasraph D., CANCELLATION of SECTION V CONDITIONS:
h,

Acts or omissions by you or your representative which materially increase the

hazard insured against.
C·ncellation Of Policies In Effect For 60 Days Or More

If this policy has been in effect for 60 days
or more, or if this policy is a renewal of a policy we issued, we may cancel this policy only for one or more of the following reasons:

If we cancel this policy based on one or more oi" the above reasons, we will mail by certified mail to the first "Named Insured," and mail to the aooent, if any, written notice of cancellation stating the reasons for cancellation. We will mail this notice to the last

mailing addresses known
a.

to us, at

least:

Nonpayment of premium;
Your conviction of a cn'me arising out of acts increasing the hazard insured

10 days before the effectk,e date of cancellation if we cancel for nonpayment of premium.

against;
Acts or omissions by you or your representative constituting fraud or material misrepresentation in the procurement of this policy, in continuing this policy or in presenting a claim under this

b.

60 days before the effective date of cancellation if we cancel for any oi" the other reasons.

B.

The following are added to SECTION V

CONDITIONS:
M. NONRENEWAI

policy;
Subs·ndal

except to the extent that

contemplated the dsk
contract;
eo

chanBe in the risk assumed, we should have reasonably foreseen the d·anBe or
in writing the

Substantial bread] of contractual duties
or conditions;

If we elect not to renew l·is policy, we by certified mail to the first "Named Insured," and mail to the agent, if any, written notice of nonrenewal. We will mail this notice to the last mailing addresses known to us at least 60 days prior to the expiration of this polio/.
will mail
2.

surance initiated

Loss of reinsurance applicable to the risk insured a·ainst resulting from termination of trea· or faco[t·tNe rein-

If notice is mailed, proof of mailing will be suffident proof of notice. If either one of the following occurs, we are not required to provide written notice of nonrenewal:
a.

by

our reinsurer or

3.

reinsure·;
surance

by the Director of InI·at the continuation of the policy would place us in violation of
Determination

the insurance laws of Ibis st·t· or

.We ora company, within the same group has offered to isinsurance

sue a renewal

would jeopardize our solvency; or

policy; or

b. You have obtained replacement coveraBe of agreed in writing to do
CE 77 10 (Ed. O· 97)

Pa·e 1

o·r2

Printed In U.S.A.

Case 2:04-cv-00662-DGC

Document 112-5

Filed 09/30/2005

Page 29 of 46

N. RENE·NAL
1.

a.

l·e present policy will remain in effect until the earlier of the fol-

If we elect to renew this policy and the renewal is subject to any of the fol-

lowing:
1)
60

lowing:
a.

days after the date of
or

mailing
tice; or
2)

delivery of the

no-

Increase in premium;

b.
c.

ChanBe in deductible;
Reduction in Limits o1" Insurance;
or

The effective date of replacement coverage obtained by the first 'Named Insured."

bo

d. Subst·ntJa! reduction in coverage;
we will mail or deliver written notice of the change(s) to the first "Named In-

If the first "Named Insured" elects not to renew any earned premium for the period of extension of the terminated policy will be calculated pro rata at the lower of the

sured," at the last mailing address

[o]lowing
I)

rates:

known to us, at least 60 days before the anniversary or expiration date of the policy,

The rates applicable to the

terminated policy; or
2)

If renewal is subject to any condition described in 1.a. through I.d. above, and we fail to provide notice 60 days before the anniversary or expiration date of this policy, the following procedure· apply:

The rates

present]y

in effect,

If the first "Named Insured" acce·ts the renewal, the premium Increase, if any, and other chan·es am effective the day following this policy's anniversary or expiration
date.

THIS
IS

ISSUED AFTER THE ENDORSEMENT MUST BE A'FTACHED TO A CHANGE ENDORSEMENT VVHEN

POLICY

Indude· col·[·uted mateda! of the lns·Jranc·e S·v·ce· Office w·b·
CE 77 10 (Ed. 06 97)

its

pefrnissio·.
Printed in U.S.A.

Page 2 of 2

Case 2:04-cv-00662-DGC

Document 112-5

Filed 09/30/2005

Page 30 of 46

ARIZONA CHANGr
In compliance with Arizona law, we are amending the IN WITNESS WHEREOF countersignature s·tement, shown on the last page of the Commercial Excess Liability Policy Jacket· as follows:

IN WITNESS WHEREOF, we have caused this policy to be executed and attested.

THIS ENDORS EMENT MUST BE ATTACHED TO A CHANGE ENDORS EMENT WHEN ISSUED AFTER THE

IS W·FTEN.
CE 7· 32 (Ed. 07 98)
Printed in US.A.

Case 2:04-cv-00662-DGC

Document 112-5

Filed 09/30/2005

Page 31 of 46

OMMERCIAL EXCESS LIABILITY POLICY

Non-assessable

JMBEPdv·ENS UTUAL
kSUALTY

The

company providing the insurance afforded in each Coverage Part of the policy is designated in the Declarations

DMPANY
·tual insurance company, ·rein called the Company, or LMC ·rne Office: (847) 320-3237

If such company is a notified that by mutual company, virtue of this policy he s a member of the company so designated and is ent·tJed to vole either in person or by proxy at any and all meetings of the company.

Coverage Pa·e of eachthe insuredPa· is

hereby

mg Grove, IL 6004943001
·4ERICAN n RIS-I-S
,NCE

·_rein

company, ·l·called the Company, or AMICO
insurance

,ANY.

orne Office: {847) 320-3237

·ng Grove, IL 60049-OOO1

MERICAN ·ANUFACTURERS
tUTUAL
,ISURANCE

:OMPANY

mutu'al insurance company,
erein called the Company, or AMM Iome Office: (847) 320-3237 Grove, IL 60049-0001

J·AER!CAN

The annual meeting of the Lumbermens Mutual Casualty Company is held at its home office in Long Grove, IL, o· the third Tuesday in May of each year at eleven o'dock The annual meeting of the American Manufacture· Mutual Insurance Company is held at its home office in Long Grove, IL· on the third Tuesday in May of each

'ROTECTION
NSURANCE
;OMPANY

stock insurance company,
·erein called the Company, or AMPICO

·or Oflke: (847) 320-3237

year at nine--o'dock

·l·.·rove, IL 60049-0001
Case 2:04-cv-00662-DGC Document 112-5 Filed 09/30/2005 Page 32 of 46

CLEAR ENERGY LIABILITY
,,·LUSIONS (Broad Form)

·exdus·on
1.
a.

modifies the provisions of the policy relatJng to ALL AUTOMOBILE LIABILITY, GENERAL LIABILITY, COMMERCIAL ·,·ASTROPHE, AND MEDICAL PAYMENTS INSURANCE but does not apply to automobiles principally garased or used in the S·te New York· B. A· used in this exclusion: The insurance does not apply:

Under any Liability Coverage, to "bodily injury" or

"property damage':
V·4th respect
to

"Hazardous properties" include radioacSve, toxic plosive properties; "Nuclear material" means 'source material";

o· ex-

which an "insured" under the

policy is also an insured under a nuclear energy liabilib/policy issued by Nuclear Energy Liability Insurance Assodatic·q, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Assedation of Canada, or would be an insured under any such policy but for its te rminadon upon exhaustion ol its limit of liabil- ity;
b.

"Spedal nudear material" or "by-product material";
"Source material," "spedal nuclear material," and "byproduct material" have the meaninss g·ven them in the Atomic Energy Act of 1954 or in any law amendatory

thereof;

"Spent fuel" means any fuel element or fuel compc·qent,
solid or liquid, which h&s been used or exposed to radiadon in a "nuclear reac$o¢';
means any waste material a) co·qt·ining "byproduct material" other than the t·ilinss or ",*·astes produced by the e·o'ac·on or ccmcenb'a·on of uranium or thorium from any ore proces·d primarily for its "source material" co·tenb and b) resulting from the operation by any person or org·niza5o· of any "nuclear fadlity induded under the firs'_, b,vo paragraphs of the definition of "nuclear fadlity."

Resulting from the "hazardous properties" of "nuclear material" and w·th respect to which a· any person or organization is required to maintain flnanda[ prote·Jcn pursuant to the Atomic Energy Act of 195.4, or any law ame ndatory there of, or b) the "insured" is, had this pdicy not been issued w·uld be, entJlJed to indemnity from the United States of America, o· any agency thereof, under any asreement entered into by the .United State· of America,, or any agency thereof, v,Hth any person or or-

"Waste"

2.

Under any Medical Payments Coverage, to expenses incurred w·th respect to "bodily injury" resuiting from the "hazardous prope·es" of "nuclear matedaP and arising ·¢Jt of the operaSo· of a "nu-

8anization.

"Nuclear fadiit·/' means: 1. Any "nudear reactor,"
2.

3.

clear fadlity" by any person or o·sanizatio·. Under any Uability Coverage, to "bodily igjury" or 'property damage" resulting from the "hazardous properties" of "nudear material," if:
a.

3.

The "nuclear material" a) is at any "nuclear fadiity" owned by, or operated by or off behalf

of, an "insured" or b) has been discharged dispersed therefrom:
b.

or

Any equipment or de·4ce des;gned or used for 1) separating the isotopes of uranium or plutonium, 2) processing or utJlizing "spent fuel," or 3) handling, processing or packaging "waste'; Any equipment or de·ce used for the prooessing, fabricating o· alloying of "spedal nudear material" if at any time the tot.al amount of such maLerial in the custody of the "·nsured" at the premises where sud· equipment or device is located consists of or conbins more than 25 grams of plutonium or uranium 233 or any combinalJo· thereof, or more than 250

The'nuclear material" is oontained in "spent fueP or "waste" at any time possessed, handled, used, processed, stored, ·anspoc,a·d or disposed of byor eo behalf of an "insured'; or The "bodily inju0," or "property damage" arises out of the fumishing by an "insured" of se·ces, materials, parts .or equipment in connec·o· with the planning, co·qs0"uc·on, maintenance, ogeratJon or use of any "nudear fadlity," but if suoh fadlity is located w·thin the United States

4.

grams of uranium 235; Any s·ucture, basin, ·xcavaSon, premises

or

place
of

prepared
"waste';

or used for the

s·rage

or

distx:·al

and includes the site o· which any of the foresoing is located, all operations conducted o· such s·te and all premises used fo· such operalJons;

"Nudear reactc· means any apparatus des·Dqed or used to sustain nudear fission in a se·f--suppo·ing chain reac5on or to c0nt·Jn a czitJcal mass of fissionable material; "Property ·' indudes all forms of radioaclge co·taminalJon ol pro·)er·.

dama·

·-op·y ·ereau
7o o0

Canada, this exdusion c. @plies only to "propperry damage" to such "nudeaz fadlity" and any
P·inted In US.A.

(Ed. 04 97)

Case 2:04-cv-00662-DGC

Document 112-5

Filed 09/30/2005

Page 33 of 46

·ects the

Company prev·ousJy designated in the Dedaral·ons Page of each Coverage Part, the following con-e·ative provision
Lumb·rmens Mutual C·uaffy Com]·any American Manufacturers Mutual Insurance

part of this policy:

POLICY CONDFTIONS·

Company

s is a

perpetual mutual corporaUan owned by and operated for the

policy under v,,hich the Board al" Directors in its disc·'edon ·ds) [o the insured,
respects the
itua[s
S·a[e

benefit of its members. This is a non-assess,able, par·dpatdel.ermine and pay unabsorbed aremium deposit refunds (divimay

of Texas, such pro,.fsion is amended

[o

read as follows:

Membership and Voting Notice. The insured is notified that by virtue o·" this policy he a member of the r_·:·rnpany so ·gnated, and is en·tJed to vote either in person or by proxy at any and all meeUn·s of said company. The ,annual MeeUn·s are d in its Home Once at the place and time st·l.ed on the l'ront cover.
ituals Participation Clause W·thout Contingent Liability. No Contingent LiabiliD/: This policy is non-assess·ble. The policyder is a member of such company and shall parddpate, to the extent and upon the condi/Jons fixed and de·errnined by the ard o£ Directors in accardance with the pro',.4sions of law, in the dis·fibulion of dividends so fixed and determined.
,qDENDS.

American Motorists Insurance Company American Pro·ec·ian Insurar·e Company
to receive unabsorbed premium

is

policy is partidpaLing and shall be endlJed

depos· refunds as appor'doned by the directors.

WHEREOF, the Company designated in the Declarations Page of each Coverage Part has executed and attested t·resents; but this policy shall not be valid unless counte·gned by the duly authorized Agent of bhe Company at the agency

·eric·n Manufacturers Mutual Insuranc·

cre·,ry

·

mt·rmens Mu

ua

CasualtyCompany

Amer!can P·te·ion Insurance Company
Company

·eric·n Motorists Insurance Company

President.

Secreb·y

Pres·den·

70 DO

(Ed. 04 97)

Jad·,·

Pa·e 2
Filed 09/30/2005

Printed In U.S.A.

Case 2:04-cv-00662-DGC

Document 112-5

Page 34 of 46

COMMERCIAL EXCI SS LIABILITY COVERAGE Ft RM
TABLE OF CONTENTS
assist reference to the various insurance prov·sThe Table of O0ntenLS is only intended as a guide to in order of their appearance. Please refer to ions of this Commercial Excess Liability Coverage Form, Form for complete coverage details. the Declarations and the Commercial Excess Liability Coverage

Page No.
INSURING AGREEMENTS SECTION II DEFENSE AND SUPPLEMENTARY PAYMENTS SECTION III EXCLUSIONS SECTION IV-- DEFINITIONS SECTION V CONDITIONS
SECTION
l

2
3
4
4

Q· 71 O0

(Ed. 04 97)

Conte·t=

Printed in U.S.A.

Case 2:04-cv-00662-DGC

Document 112-5

Filed 09/30/2005

Page 35 of 46

COMMERCIAL EXCESS LIABILITY COVERAGE FORM
Various

the endre policy carefully provisions in this policy restrict coverage. Read this policy. sured's' rights and duties and what is and is not covered by
to the Throughout this policy, the words "you" and "your" refer this insurance. "our" re[er to the Company providing The word "Insured" means any person or organization qualifying

to determine

the "In-

"Named Insured." The words %re," "us," and
as such in the

"Designated Underlying

Policy."
are defined in the policy. These definitions are Other words and phrases that are printed in bold-faced type where they appear. found in the Definitions section or in specific policy provisions and in reliance upon the statement3 shown in the DeclaraIn consideration of the payment of the premium coverage as follows: tions and made a part of this policy, we agree to provide

SECTION

INSURING AGREEMENTS

B.

LIMITS OF LIABILITY
Our Limits of Liability set forth in Item 4. of the Declarations andthe rules described in this policy shall es·blish the maximum
amount that we are obligated to pay for "Loss" under this policy, regardless of the number of:
a.

A. COV£RAGE

pay on behalf of the "Insured" that part of "Loss" covered by this insurance in excess of the limits of liability of the "Dnderlying Insurance" as set forth in the Schedule of Underlying Insurance but only up to an amount not exceeding our Limits
We will

"Ins ureds=;
Claims made, suits

of Liability as set forth in Item 4. of the Declarations, provided the "Insured Event" t·kes place during out'Policy Period."

brought

or

pro-

ceed in·s instituted;

Covera·s provided
or

under this policy;

Except when stated to apply othenMse, this policy is su.bject to all of the terms, conditions, insuring

a[·,menls, definitions, and exduslons (hereinafter called "provisions") of the "Designated Underlylng Poli.c·; but
in no event shall this poli· be subject to "Designated Underthe provisions of Policy" with respect to the premium, lying

d.

Persons or organizations making claims, bringing suits or insdtutlng pro-

c·odinga
It is expre·ly agreed that. liability shall attach to us only with r·spec· ·o such coverages as are set forth in the Schedule of Un"lnderlying Insurance and only after

sion agreement (if any), the amount or limits o1· liability or any other provision of the "DesignateCl Underlying Polic)/' that may be inconsistent with l·is policy.

su·l'has become legally bligated to pay the limits of liability of the Underlying InThe Each Occurrence Limit of Liability set for· in Item 4. of the Declarations is the most we will pay for "Loss" arising out of any one occurrence. Any amount paid for damages arising out of an occurrence will reduce the amount of our applicable Aggregate Limit of Liab·ity available for payof any other ment for dama·S arising If our applicable A·egate occurrence. Limit of Liability has been reduced by pay·

o,

Notwithstanding anything to the contrary contained in this policy, if the "Designated Underlying Polic·' does not cover "Loss" for any reason ot·er than exhau·on of an aggregate limit of liability by payment of claims, then we will not cover such "Loss."

C£ 71 O0 (Ed. 04 97)

Pa·e 1 of 7
Document 112-5 Filed 09/30/2005

Printed In U.S.A.

Case 2:04-cv-00662-DGC

Page 36 of 46

·

the "Policy Period', t·e renewal or

·

exten-

ment for damages to an amount less than the Each Occurrence Limit of Liability set forth in Item 4. of the Declarations, our remaining Aggregate Limit of" Liability is the
most that will be available for payment for dama·-s arising out of an)' there occurfence.

In·,rance" applies to'Loss" and also drops down; or

b=

If the limits of liability of all "UndeHying Insurance" have been exhausted by payments of "Loss" for "Insured
Evenl·" which take

place during

our

to subparagraph 3. o1" this paraB. LIMFFS OF LIABILITY, the Limit of graph Liability set fortJ· in Item 4. of the Declarations as the Products Completed Operat·ons Aggregate Limit of Liability is the most we wil! pay for "L·s" under this policy under the products completed operations hazard, as defined in the "Designated Un-

Subject

"Policy Period," then this policy will continue in force as "Designated Underlying Policy."
However, when subparagraphs 6.a. or 6.b. of this paragraph B. LIMITS OF LIABILFFY apply, we will not pay mat por'don of "Loss" that is within the underlying limits of liability of insurance which the "Insured" has agreed to fund

derlying Policy."

subparagraph 3. of this paragraph B. LIMITS OF LIABILITY, the Limit of Liability set forth in Item 4. of the Declarations as the Other Aggregate Limit of LiabilSubjc·:t
to

by self-insurance
insurance.

or means other than

ity is the most we will pa)' for "Loss" under this policy, except for "Loss" covered under the products completed operations hazard.
However:
ao

If any of the limits of liability of the "Underlying Insurance" apply on an aggregate basis and if any of such limits of liability exhausted .by payhave bee·
ments arising out of Insured Eve·l· which took place before our "Policy Period," this

reduced.or

The Other Aggregate Limit of Liability of this policy, will not apply to "Loss" when the Designated Underlying

policy applies
been made.
8.

as if such

payments had

not

apply, aggregate liability to "Loss, and all other "Underlying Insurance" does not apply an aggregate limit of liability to "Loss';
Polic')Z'
does not
an

limit of

or

The Other A·gregate Limit of Liability of this policy will apply to "Loss" in the s·me rnanner as aggregate limit of the "Designated.Underlylng liability.in Policy, provided allother Underlying

The Limits of Liability set forth in Item 4. of the DedaratJons apply separately to each consecutive annual period and to any remaining pedod of less than twelve (12) mont·, starting with the beginning of our "Policy Period" set for· in Item 3. of the Declarations, unless our "Policy Period" is extended after issuance for an additional period of less than twelve (12) rnonths. In that case, the additional period will be

Insurance" also applies an aggregate limit of liability to "loss" in the same manner as the "Designated Underlying Policy."
6.

subparagraphs 3., 4. and 5. this paragraph B. LIMITS OF LIABILITY:
Subject
to

If the limits of liability of the "Underlying Insurance" have been reduced, by payments of "Loss" for "Insured Evenly" which take place during our "Policy Period," t·en t·is policy will drop dow· t· become immediately excess of the reduced under·ng limits of liability, provided all "Underlying

CE 71 O0 (Ed. (NI 97)

Case 2:04-cv-00662-DGC

·

deemed part of the last preceding pedod for purposes of determining our Limit3 of

Liability.
SECTION II

-DEFENSE

AND SUPPLEMENTARY

PAYMENTS
of

A. We will not be obligated to assume charge the investigation, set·ernent or defense of any claims made, suits brought or proceedings in-

se·ernent, delrense and tdal of any claims, su· or proceedings relative to any "Insured which appear reasonably likely to c·eate liab·ity on our part under the ten'ns of t·is policy. We
PHnted In U-·-

against the "Insurt·d." However, we will have the right and shall be given the opportunity to pa·cipate with the "Insured" or the underlying insurers, or bol·, in lfie irrvestiga6on,
,toted

will not defend any suit after we have exPag,e 2 o· 7

Document 112-5

Filed 09/30/2005

Page 37 of 46

hausted our applicable L·mit of Liability as set forth in Item 4. of the DeclarationsB. When defense and

At

or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to,

supplementary payments of:

the "Insured';
At or from any premises, site or Ic·ation which is or was at any time used by or for the "Insured" or others for the

Any "Underlying Insurance" reduce the limit3 of liability provided by such "Underlying Insurance, then any such expense payment3 made under this policy will reduce our Limits of Liability; or
None of the "Under!),ing Insurance" reduce the limits of provided by such Insurance, then any such ex"Underlying pense payments made under this policy will not reduce our Limits of Liability.

handlin·

or treatment

storage, disposal, proce3sing of waste;

liabili.·

Which are or were at an)' Lime trans-

ported, handled, stored, t·eated, disposed of, or processed as waste by or
for the "Insured" or any person or organi2.ation for whom the "Insured" may be legally responsible; or
At or from any premises, site or loeation on which the "insured" or any

C. We will only pay the following expenses:

judgment after and before we have entD, of the judgment paid, offered to pay, or deposited in court the part of the udgment that is within our applicable Limits of Liab ty, then we will pay the interest on the part of the judg·nent to which this policy applies.
interest that accnJes on a
2.

If the "Insured" becomes le·ally liable for

contractors or subconb-actors working directS' or indirecd· on the "Insured's"

behalf are pefforrn.ing operations:
i)
to

sole discrelJon.

Prejudi·ment interest awarded against the "insured" on that part of the jud[·ment we pay. However, if we rr·ke an offer to pay our applicable Limits of Liability prior to iudgment, we will not pa· am/prejudgment interest that accrues after our offer.
SECTION III
to:

2)

If the operations are to test for, monitor, dean up, remove, conlain, Lreat, det.oxify or neutralize,

any way respond to, or asse· the effec· ofpollutants.
or in

EXCLUSIONS

Subparagraph
B.

I.d. 1) of this

It is expressly agreed that this policy does not apply

JcaU·

A.

ASI] ESTOS

I. To any injury, damage or expense of any arising out nature whatsoever, caused of or relating in any way to asbestos or any asbestos containing product or material, or

b·,

to the use, inst·llat·on, or disposal of any such

removal, withdrawal

POLLUTION does not apply to ·nor dan'·age arising out of the pe of fuels, lubricants or other operating fluids which are needed to perform the normal elec·cal, hydraulic or mechanical functions necessary for the operation of rr·bile equipment o· its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. The exception contained in this

product or material.

subparagraph I.e. of this para·'aph

POLLUTION
I. To any

discharge, alle·l or dispersal, seepage, ruination, release or cape of pollutants:
actual,

injury

or

darna· aris·n· out of the thregtened

POLLUTION doe· not apply ifthe fuels, lubricants or other operating fluids are brought off o· to the premises, site or location with the intent ·o be discharged, dispersed or released as pa·t
of the opera·ons bein· performed by such "lnsul·l," o:ml·ac·:x or subcon-

CE 71 00 (Ed. 04 97)

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·

Expenses incurred directS' by us and

at our

If the pollut·nts are brought on or the premises, site or loGalJon in connection with such operations such conby the "Insured" or U-actor or sub·onLractor; or

paragraph

B.

f=

or damage arising out of or fumes from a hostile fire. As used in this exclusion, a "hostile fire" means one which becomes unconb-ollable or breaks out from where itwas intended to be.

Subparagraphs 1.a. and 1.d. 1) of this para·aph B. POLLUTION do not apinjury ·ly smoke eat'
to

"Loss" means those sums .actually paid in the settlement or satisfac'don o! a c·im which the "Insured" is legally obligated to pay as damages because of injury or damage after making proper deductions for all recoveries and salvage. "Loss" includes defense and supplementary e·xpense payments if such payments are included within the limits of liabillty of any respective "Un-

2.

Any loss,

cost or expense arising out of any:

Request· demand or order that the "Insured' or others test for, monitor, clean up, remove, contain, treat, detoxify, neutralize, or in any way respond to, or assess the effects of pollutants; or
5.

derlying Insurance," by the terms of that policy. "Loss" may be established by adjudication, arbiLration to which the "Insured" must submit or does submit with our consent, or compromise settlement to which we have previously agreed in writing.

"Policy Period"

means the

bo Claim or suit
c·use of

by or on behalf of a governmental authority for damages be-

in Item 3. of the Declarations, the canceIlatJon condition of this

period set forth subject to policy.

testing for, monitoring, cleaning up, removing, containing, beating, detoxifying or neutralizing or in any way responding to, or assessing the efI'ects of pollutants_
"Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. "Waste" indudes materials to be recycled, reconditioned or reclaimed.

"Underlying Insurance" means the "Designated Underlying Polic· and any other policy or policies set forth in the Schedule of Underlying Insurance (induding any renewal or replacement thereof).
SECTION V

CONDITIONS

A. ASSIGNMENT
1.

Assignment of any

SECTION lY- DEFINITIONS
A. When used in this palicy, including endorsements

interest under this policy shall not bind us unless and until our consent is endorsed on this policy.

AUDIT
We may audit the "lnsured·s" books and

forming a parthereof:

1.

"Designated Underlying Po!ic·. mea.ns the insurance policy or policies ·ndicated In the Sd·edule of Underlying insurance (including any renewal or replacement thereof).
"Insured Events" means accidents, occurfences, or offenses, whichever is applicable to coverag· under the "Designated Underlylng Policy."

records at anytime dudng our "Polio/ Pe-rlod" or within three years after the ex·alration or termination of this policy.
C.

BANKRUPTC'· OR INSOLV[NC·
Your bankruptcy, insolvency or inability to pay will not relieve us from the payment of any dam resultin8 from injury or damage

covered by this policy.

3.

"Named Insured" means:
a.

The person or organization named in Item 2. of the Declarations (the first "Named Insured'); and

The bankruptcy, insolvency or inability to pay any of the underlying insurers will not relieve us from the payment of any claim resulting from injury or damage covered by this policy. It is expressly agreed that in the
event o[any such

b. Any person or organization as a Named Insured in the

qualifying Desig-

inability to pay,

bankrup.t.z·[ insolvency or we will be hable under l·is
or

nated Underlying Polio/."

only to the same extant ·olicybeen Iiable had there beenwe wo·ld no bankave
ruptcy, insolvency

inability

to

der no drcurns·nces will sud·

pay. Unbankd'uptcy,

Case 2:04-cv-00662-DGC

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Page 39 of 46

pay require us to down and replace the "Underlying drop Insurance" or assume any obligation of the "Underlying Insurance."
insolvency or inabih·7
to

E.

CHANGEb
1.

D. CANCELlaTION

The first "Named Insured" may

cance! this
to us

Notice to any agent or knowledge sessed by any agent or by any other person will not effect a waiver or change in any part of this policy. This policy can only be changed by a written endorsement that becomes part of this policy.

vance written notice stating when ter the cancellation will ·ake effect.

policy by mailing

or

delivering

adthereaf-

F.

INSPECTION
We have the right, but are not Obligated to

We may cancel this policy. If we cancel for nonpayment of premium, we must mail or deliver to you at your address set forth in Item 1. of the Declarations not tess than ten (10) days advance written nodce st.adng when thereafter the cancellation will t·ke effect. If we cancel for any reason other than nonpayment of premium, we must mail or deliver to you not less than thirty (30) days advance written notice stating when thereafter the cancellation is to t·ke effect.
3.

Our "Policy Period" will end on the day and hour sb3ted in the cancellation notice.

inspect the "Insured's" premises and operations at any time. Our inspections are not safety inspections. They relate only to the insurability of the premises and operations and the premium I· be charged under this policy. We may g·ve the "Insured" reports on the conditions we find and may also recommend changes. While these recommendations may help reduce losses, we do not undertake to perform the duty of any person or or·aniza6on to provide for the health or safety of workers or the public. We do not warrant that the premise· or operations are safe or healthful, or that they comply with laws, regulations, codes or standards.
G. INSURED'S DUTIES

If we cancel this policy, earned premium will be calculated pro rata based upon the time that this policy was in effect. If you cancel this policy, earned premium will be computed in accordance with the customary short rate table and procedure.
Premium adjustment may be made either at the time of cancellation or as soon as practicable thereafter, but the cancellation will be effective even if we have not made or offered any refund due you. Our check or our representative's check, mailed or delivered to you, shall be sufficient tender of any refund due to you under this policy.
The first "Named Insured" in Item 2. of the

any accident., occurrence may result in a claim under this policy shall be ·iven to us by or on behalf of the "lnsulr· a· soon as practicable. Such notice shall .c·,ntain particulars sufficient to identify the Ir·ur·l" and the
Written notice of or offense which

fullest available informado· at the time.
If a daim is made, a suit is brought or a proceeding is instituted a·ainst the 'Insured" for injury or damage with respect to which insurance is afforded under this policy, the "Insured" shall.immediately forward to us copies of every demand, notice, summons, or other proce· received by the "Insured" or i13 represe·tive.
The "insured shall cooperate with us and, upon our request, assist us in making settJement·, in d·e conduct of any suit, and in the enforcement of any right of contribution or indemnity a·ainst any person or organization who may be liable to the "In-

Declarations shall ac· on behalf of all other "Named Insureds" with respect to the ·/ing and receiving of notice of cancellation and the receipt of any refund that may become payable under this policy.
a

Any of these provisions bhat conflic· with

law that conb'ols the cancellation of the inby this surance in this policy is with such law. statement to conl'orm

chan·l

sured" because of 'njun/ or damase with respec· to which insura·c· is afforded under this policy; and the Insured" shall
l·n·ed in U.S.A.

CE 71 O0 (Ed. 04 97)

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7

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attend hearings anci assist in securing and giving evidence and obtaining the attendance of witnesses.

liability contained therein solely by the payment of damages for "Insured Events" that take place dudng this policy and ·at are insured by this policy.

The "Insured" shall not, except at. the "Insured's" own expense voluntarily make any
cur

payment, assume any obligation, any expense.

or m-

By agreeing to maintain the "Underlying Insurance" the "Insured" agrees:
The "Underlying Insurance" may not be cancelled or not renewed by either
the "Insured" or an underh/ing insurer without prompdy notifying us;

The "Insured" shall comply with all the terms and conditions of the "Underlying Insurance" and shall cooperate with the

underlying insurers.
The "Insured" shall not make any admission of [lability without our written consent.
H.

Any renewal or replacement of the "Underlying Insurance" will not be more restrictive in coverage; and
c.

LEGALACTION AGAINST US
No action shall lle against us unless, as a condition precedent theretO:
a.

Terms, conditions and endorsements of the Underlying nsuran·e wdl not materially chan·e to increase or extend our liability under this policy'.

There shall have been full compliance with all the terms and conditions of this

policy;
b. The "Insured" shall have paid or have become legally liable to pay the amount of the limits of liability of the "Underlying Insurance';, and The "Insured·" legal obligation fo# damages shall have been finally determineo.
Withirt twelve (12) months after the conditions in subparagraph I. ol'.this paragraph H. LEGAL ACTION AGAINST US have been satisfied, the "lnsu·l" shall make a definite demand for payment of any amounts payable by us under this policy. Such amounts shall be due and payable by us within thirty (30) days after they are respectively demanded-and provided in conformity with the terms and conditions

If the "Insured" and/or underlying insurer fails to comply with the requirements set forth in subparagraphs 1. and 2. of this paragraph I. MAINTENANCE OF UNDERLYING INSURANCE, we will only be liable to the "Insured" under this polio/' to the same extent that we would have been had there been full compliance.
OTH ER INSURANCE
The insurance afforded by this policy shall be exce% over any other ins·Jrance col-

lectible by the "Insured," irrespective of whether such other insurance is stated to be primary, contributing, excess, contlngent, or otherwise. This condition shall not

apply to insurance purchased specifical· to apply either in excess of our Limits o·Liability under this policy or as contributing insurance to the layer of insurance provided by this policy.

of this policy.

PREMIUM
1. The
a.

MAINTENANCE OF UNDERLYING INSURANCE
The

first'Named Insured':

"Underlying Insurance" shall be maintained in furl force dunng this "Pol'cy Period." The full limits of liability of the "Underlying Insurance" shall not be less than the amounts set forth in the Schedule of UnderlyinsInsurance except for any reduOJon or exhaustion of aggregate limits of

responsible for the payment premlums under this policy; and
Is

of all

b. Will be the payee for any return premiums under this policy.

The premium for this policy is as set forth in the Declarations. It is computed on d·e ba-

CE 71 00 (E·- 04 97)

Pa·e 6
Document 112-5 Filed 09/30/2005 Page 41 of 46

Case 2:04-cv-00662-DGC

sis shown under "ba·.· of premium." If the "basis of premium" is other than "fiat charge," the 'advance premium" is only an estimated premium. In this case, the

L.

TRANSFEk .t: RIGHTS OF RECOVERY

earned premium will be determined at the end of our "Policy Period." If the earned premium is morn than the "advance premium," the first "Named Insured" will pay the excess to us. If the earned premium is less, we will return to the first "Named Insured" the unearned por'don, subject to:
a.

If the "Insured" has right3 to recover all or part of any payment we have made under rights are transferred t· this policy, th 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.

·c·.

The "annual minimum premium' for each twelve (12) months of our "Policy Period'; and

Any amount recovered will be apportioned in the inverse order of payment of loss to the extent o1" actual paymenL The expenses of all such recovery proceedings will be appo·oned in the ratJo of respective recoveries.

Any policy minimum premium, shown. The 'policy minimum pre-

if

rnium' is the minimum amount of premium earned under this policy in the event you cancel this policy.

In WiLness Whereof, we have causal this be executed and attested, but this policy be valid unless countersigned by one of authorized representatives, where required

policy
our

to

shall not

duty by law.

Cl· 71 oo ([d. 04 97]

Page 7 of 7

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REVISED COMMERCIAL EXCESS- LIMITS OF LIABILITY
It is understood and agreed that. Item 4, Limi· of Liability, of the DeclaraLion page is deleted and replaced with the following:
4.

LIMITS OF LIABILITY

Each Occurrence General Aggregate Prod ucts/Com pteted Operations Aggregate
Excess of

$'I

3,000,000

$'I 3,DO0,O00 $'I 3,000,000

Each Occurrence General Aggregate

$*

6,000,000

Ni[
$" 10,000,000

Products/Completed Operations Aggregate Products Soid only

Which is excess of primary insurance scheduled therein.

All other terms and conditions of this policy ·'er·ain·unchanged.

POUCh' ENDOILSEMENT MUST BE A]·ACHED TO A CHANGE ENODRSEMENT WHEN ISSUED AFTER THE

POUCY IS WRITTEN.
CE 79 14 (Ed. 05 98)

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REVISED SCt4EDULE OF UNDERLYING INSURANCE

EXCESS

to app}y otherwise, this policy is subiect to all of the terms, conditions, insuring Except when of the "Designated Underlying agreements, definitions, and exclusions (hereafter called provisions) of the "Designated Underlying to the provisions Policy," but in no event shall this policy be subject renewal or extens