FILED: KINGS COUNTY CLERK 06/30/2017 12:23 PM
`FILED: KINGS COUNTY CLERK 06m2017 12:23 PM
`
`NYSCEF DOC. NO. 10
`NYSCEF DOC. NO. 10
`
`INDEX NO. 500129/2017
`INDEX NO~ 500129/2017
`
`
`
`
`
`
`RaCaIVaD VYSCEF: 06/30/2017
`RECEIVED NYSCEF: 06/30/2017
`
`ADDENDUM
`
`Some internal notes, stamps or typing on the Declaration
`sheet may appear. The intended use for these is internal
`only and may not have been a part of the policy received
`by the insured.
`
`taxes, or additional
`inspection fees or
`Policy fees,
`instructional stamps may have appeared on the policy
`received by the insured but may not appear on this copy.
`
`

`

`FILED: KINGS COUNTY CLERK 06/30/2017 12:23 PM
`FILED: KINGS COUNTY CLERK 06m2017 12:23 PM
`
`NYSCEF DOC. NO. 10
`NYSCEF DOC. NO. 10
`
`INDEX NO. 500129/2017
`INDEX NO~ 500129/2017
`
`
`
`
`
`RaCaIVaD VYSCEF: 06/30/2017
`RECEIVED NYSCEF: 06/30/2017
`
`
`
`0
`
`Western Heritage
`Insurance Company
`
`PO. Box 5100 Scottsdale, Arizona 85261-5100
`9200 East Pima Center Parkway, Suite 350
`Scottsdale, AZ 85258
`1-800—873—9442
`
`A Stock Company
`
`COMMERCIAL
`
`POLICY
`
`JACKET
`
`
`
`THIS POLICY CONSISTS OF: DECLARATIONS, COMMON POLICY CONDITIONS, ONE OR MORE COVERAGE
`PARTS OR FORMS AND ENDORSEMENTS. A COVERAGE PART CONSISTS OF: ONE OR MORE COVERAGE
`
`FORMS, APPLICABLE FORMS AND ENDORSEMENTS.
`
`WHI 20—0297 (06-12)
`
`

`

`FILED: KINGS COUNTY CLERK 06/30/2017 12:23 PM
`FILED: KINGS COUNTY CLERK 06m2017 12:23 PM
`
`NYSCI3F DOC. NO. 10
`NYSCEF DOC. NO. 10
`
`IND
`EX NO .
`500129/2017
`INDEX NO. 500129/2017
`
`*.D \iYSCI
`
`
` 3F:
`
`
`06/30/2017
`RECEIVED NYSCEF: 06/30/2017
`
`IN WITNESS WHEREOF, the Company has caused this policy to be signed by its President and Secretary but this policy
`shall not be valid unless completed by the attachment hereto of a Declarations Page and Coverage Part(s) and counter-
`signed on the aforesaid Declarations Page by a duly Authorized Representative of the Company.
`
`@fiJm/m
`
`Secretary
`
`63»
`
`game
`
`WHi 20-0297 (06-12)
`
`

`

`FILED: KINGS COUNTY CLERK 06/30/2017 12:23 PM
`FILED: KINGS COUNTY CLERK 06m2017 12:23 PM
`
`NYSCEF DOC. NO. 10
`NYSCEF DOC. NO. 10
`
`INDEX NO. 500129/2017
`INDEX NO~ 500129/2017
`
`
`
`
`
`RECEIVED NYSCEF: 06/30/2017
`RECEIVED NYSCEF: 06/30/2017
`
`
`
`
`
`Renewal of
`
`NEW
`
`
`
`COMMERCIAL POLICY DECLARATIONS
`
`Western Heritage
`tnsumnze Company
`
`
`
`SC P0-989651
`Policy Number
`
`
`
`
`
`PO. BOX 5100 - Scottsdale, Arizona 85281
`9200 E. Pima Ctr. Pkwy, Ste. 350 - Scottsdale, Arizona 85258
`
`
`1 ~800—873—9442
`A STOCK COMPANY
`
`
`ITEM 1. NAMED INSURED AND MAILING ADDRESS
`AGENT NAME AND ADDRESS
`
`
`
`SCOTTISH AMERICAN INSURANCE
`APPLE RENAISSANCE RESTORATION CORP
`
`
`
`
`
`310 85TH STREET, SUITE 4C
`GENERAL AGENCY,
`INC.
`
`
`
`BROOKLYN, NY
`11209
`17822 E. 17TH ST., SUITE 300
`TUSTIN,
`CA 92780
`
`
`
`Agent No.:
`
`
`ITEM2.POLICYPERIOD
`From: 03/18/2014
`To: 03/18/2015
`
`
`
`
`12:01 AM, Standard Time at the NAMED lNSUFiED'S mailing address.
`
`THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PRE—
`MIUM MAY BE SUBJECTED TO ADJUSTMENT.
`
`ITEM 3. Commercial Property Coverage Part .......................................................................................$
`
`NOT COVERED
`
`Commercial General Liability Coverage Part ...........................................................................$
`
`Professional Liability Coverage Form .......................................................................................$
`
`7 , 6 7 6
`
`NOT COVERED
`
`Commercial Inland Marine Coverage Form .............................................................................$
`
`Garage Coverage Part ..............................................................................................................:5
`
`..........$
`
`
`
`
`
`..........$
`
`.......... $
`
`NOT COVERED
`
`NOT COVERED
`
`
`
`Premium Total $
`
`ADDITIONAL INSURED PREMIUM INCLUDED
`
`
`
`IN GLNLRAL LIABILITY PREMIUM
`— ALL AI'S/CERTS SUBJECT TO COMPANY
`APPROVAL
`ANY/ALL ADDITIONAL INSURED PREMIUM
`IS 100% FULLY EARNED
`
`
`
`7,676.00
`500.00
`
`Endorsements (identity by form numbers and edition dates):
`SEE SCHEDULE OF FORMS AND ENDORSEMENTS
`
`Audit Period: Annual, unless otherwise stated.
`
`ITEM 4. Named Insured is (check one)
`
`El Individual
`
`El Partnership
`
`El Joint Venture
`
`[1 Trust
`
`III Limited Liability Company
`
`I'XI Organization including a corporation (otherthan Partnership, Joint Venture, Trust or Limited Liability Company)
`
`IMPORTANT NOTICES TO POLICYHOLDEFI (Please read carefully):
`
`A. Any misrepresentation or any concealment or fraud on the part of the Insured which misrepresentation, concealment or
`fraud affects eitherthe acceptance of the riskorthe hazard assumed by the Company shall renderthis policy void.
`
`8. Notice of all accidents or occurrences must immediately be given to Western Heritage insurance Company whether or
`not such accidents or occurrences appear likely to involve this policy.
`
`Agencyat: TUSTIN, CA
`
`AUTHORIZED REPRESENTATIVE
`
`I
`
`/
`
`06/11/2014
`DATE
`
`WHI 20-02953 (02-08)
`
`HOME OFFICE
`
`

`

`FILED: KINGS COUNTY CLERK 06/30/2017 12:23 PM
` FILED: KINGS COUNTY CLERK 06m2017 12:23 PM
`
`NYSCEF DOC. NO. 10
`NYSCEF DOC. NO. 10
`
`INDEX NO. 500129/2017
`
`INDEX NO~ 500129/2017
`
`
`
`
`
`
`RaCaIVaD VYSCEF: 06/30/2017
`RECEIVED NYSCEF: 06/30/2017
`
`
`
`Western Heritage
`taxman“) tympani!
`
`ATTACHED To AND
`FORMINGAPAHT 0F
`pOUCYNUMBER
`
`ENDORSEMENT erracriva DATE
`(12:01A.M.STANDARDT!ME)
`
`SCPO—989651
`
`03/18/2014
`
`
`
`v
`
`NAMEDINSURED
`
` APPLE RENAISSANCE RESTORATION CORP
`
`AGENT No.
`
`'
`
`(The above information is required only when this endorsement is issued subsequent to preparation of the policy.)
`
`SCHEDULE OF FORMS AND ENDORSEMENTS
`COMMON FORMS
`6—12
`WHI 20—0297
`2—08
`WHI 20—0295a
`7—12
`WHI 20—0399
`IL 00 17
`11—98
`IL 00 21
`9—08
`WHI 20—0117
`2—11
`WHI 20—0478
`7—11
`
`Commercial Policy Jacket
`Commercial Policy Declarations
`
`Schedule Of Forms and Endorsements
`Common Policy Conditions
`Nuclear Energy Excl
`Service Of Suit
`Amendment Of Common Policy Conditions
`
`GENERAL LIABILITY FORMS
`WHI 21—0296
`10—11
`General Liability Coverage Declarations
`CG 00 01
`4—13
`General Liab Cov
`CG 00 68
`5—09
`Recording/Distribution Of Material/Info
`CG 21 49
`9—99
`Total Pollution Exclusion
`CG 21 67
`12—04
`Fungi Or Bacteria Excl
`CG 21 73
`1—08
`Exclusion—Certified Acts Of Terrorism
`CG 21 86
`12—04
`Excl—Exterior Insulation And Finish Systems
`CG 21 96
`3—05
`Silica Or Silica—Related Dust Excl
`CG 22 79
`4—13
`Excl—Contractors—Prof Liab
`CG 22 94
`10—01
`Excl—Dmg To Work—Subcontractor
`CG 24 26
`4—13
`Amend Of Insured Contract Definition
`WHI 21—0128
`1—08
`Deductible Liability Insurance
`WHI 2-—0149 ‘11—10
`Open Roof Exclusion
`WHI 21—0177
`12—12
`Excl—Overspray
`WHI 21—0194
`12—12
`Combined Special Prov Liab Ins
`WHI 21—0261
`8—03
`Subcontractors Warranty
`WHI 21—0467
`2—04
`Non—Stacking Of Limits Endt
`WHI 21-0475
`11—13
`Limited Exclusion—Habitational Construction
`WHI 2-—0480
`2—05
`Contractors—Amend Of Insured Contract Def
`WHI 2-—0481
`2—05
`Contractors—Amend Of Insuring Agreement
`WHI 21—0482
`1—12
`Excl—Injury To Contractors
`WHI 21—0483
`2—05
`Excl—Continuing Damage—Contractors
`WHI 21—0484
`6—13
`Excl—Designated Construction/Contractor Ops
`WHI 21—0490
`8—05
`Amendment Of Conditions
`WEI 21—0491
`10—13
`Exclusion—Designated Roofing Operations
`WHI 21—0517
`7—08
`Add'l
`Ins—Automatic Status
`WHI 21—0556
`7—09
`Valet Parking Exclusion
`WHI 21—0648
`11—09
`Total Exclusion—Chinese Drywall
`WHI 21-0835
`1—12
`Excl—Snow Removal/Plowing Ops
`STATE FORMS
`WHI 21—1044—NY
`
`1—13
`
`NY—Comm'l GL Cov Form Changes
`
`
`
`ADDITIONAL FORMS
`
`All other Terms and Conditions of this Policy remain unchanged.
`
`
`AUTHORREDREPRESENTAWVE
`
`DATE
`
`WW200$9WW13
`
`HOME OFFICE
`
`

`

`FILED: KINGS COUNTY CLERK 06/30/2017 12:23 PM
`FILED: KINGS COUNTY CLERK 06m2017 12:23 PM
`
`NYSCEF DOC. NO. 10
`NYSCEF DOC. NO. 10
`
`INDEX NO. 500129/2017
`INDEX NO~ 500129/2017
`
`
`
`
`
`RaCaIVaD VYSCEF: 06/30/2017
`RECEIVED NYSCEF: 06/30/2017
`
`IL00171198
`
`All Coverage Parts Included in this policy are subject to the following conditions.
`
`COMMON POLICY CONDITIONS
`
`A. Cancellation
`
`1. The first Named Insured shown in the Declara-
`
`tions may cancel this policy by mailing or deli—
`vering to us advance written notice of cancella-
`tion.
`
`2. We may cancel this policy by mailing or deli-
`vering to the first Named Insured written notice
`of cancellation at least:
`
`a. 10 days before the effective date of cancel-
`lation if we cancel for nonpayment of pre-
`mium; or
`
`b. 30 days before the effective date of cancel-
`lation if we cancel for any other reason.
`3. We will mail or deliver our notice to the first
`
`Named Insured's last mailing address known to
`us.
`
`4. Notice of cancellation will state the effective
`
`date of cancellation. The policy period will end
`on that date.
`
`5.
`
`If this policy is cancelled, we will send the first
`Named Insured any premium refund due. If we
`cancel, the refund will be pro rata.
`If the first
`Named Insured cancels,
`the refund may be
`less than pro rata. The cancellation will be ef-
`fective even if we have not made or offered a
`refund.
`
`6.
`
`If notice is mailed, proof of mailing will be suffi-
`cient proof of notice.
`
`. Changes
`
`This policy contains all the agreements between
`you and us concerning the insurance afforded.
`The first Named Insured shown in the Declara-
`
`tions is 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.
`. Examination Of Your Books And Records
`
`We may examine and audit your books and
`records as they relate to this policy at any time
`during the policy period and up to three years af-
`tenNard.
`
`D. Inspections And Surveys
`
`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 any 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,
`standards.
`
`regulations, codes or
`
`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 in-
`surance inspections, surveys, reports or rec-
`ommendations.
`
`4. Paragraph 2. 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, ordin-
`ances or regulations, of boilers, pressure ves-
`sels or elevators.
`
`E. Premiums
`
`The first Named Insured shown in the Declara-
`tions:
`
`1.
`
`Is responsible for the payment of all premiums;-
`and
`
`2. Will be the payee for any return premiums we
`PaY-
`
`. Transfer Of Your Rights And Duties Under This
`Policy
`
`Your rights and duties under this policy may not
`be transferred without our written consent except
`in the case of death of an individual named in—
`sured.
`
`If you die, your rights and duties will be transferred
`to your legal representative but only while acting
`within the scope of duties as your legal represent-
`ative. Until your legal representative is appointed,
`anyone having proper temporary custody of your
`property will have your rights and duties but only
`with respect to that property.
`
`|L00171198
`
`Copyright, Insurance Services Office, Inc., 1998
`
`Page 1 of 1
`
`El
`
`

`

`FILED: KINGS COUNTY CLERK 06/30/2017 12:23 PM
`FILED: KINGS COUNTY CLERK 06m2017 12:23 PM
`
`NYSCEF DOC. NO. 10
`NYSCEF DOC. NO. 10
`
`INDEX NO. 500129/2017
`INDEX NO~ 500129/2017
`
`
`
`
` RaCaIVaD VYSCEF: 06/30/2017
`RECEIVED NYSCEF: 06/30/2017
`
`THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
`
`NUCLEAR ENERGY LIABILITY EXCLUSION
`ENDORSEMENT
`(Broad Form)
`
`IL 00 21 09 08
`
`This endorsement modifies insurance provided under the following:
`
`COMMERCIAL AUTOMOBILE COVERAGE PART
`COMMERCIAL GENERAL LIABILITY COVERAGE PART
`FARM COVERAGE PART
`LIQUOR LIABILITY COVERAGE PART
`MEDICAL PROFESSIONAL LIABILITY COVERAGE PART
`OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
`POLLUTION LIABILITY COVERAGE PART
`PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
`RAILROAD PROTECTIVE LIABILITY COVERAGE PART
`
`UNDERGROUND STORAGE TANK POLICY
`
`1. The insurance does not apply:
`
`A. Under any Liability Coverage, to "bodily injury"
`or "property damage":
`
`C. Under any Liability Coverage, to "bodily injury"
`or "property damage" resulting from "hazard—
`ous properties" of "nuclear material", if:
`
`(1) With respect to which an "insured" under
`the policy is also an insured under a nuc—
`lear energy liability policy issued by Nuclear
`Energy Liability Insurance Association, Mu~
`tual Atomic Energy Liability Undenlvriters,
`Nuclear Insurance Association of Canada
`
`or any of their successors, or would be an
`insured under any such policy but for its
`termination upon exhaustion 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 "in-
`sured" is, or had this policy not been issued
`would be, entitled to indemnity from the
`United States of America, or any agency
`thereof, under any agreement entered into
`by the United States of America, or any
`agency thereof, with any person or organi—
`zation.
`
`to
`B. Under any Medical Payments coverage,
`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.
`
`(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;
`
`is contained in
`(2) The "nuclear material"
`"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, construction,
`maintenance, operation or use of any "nuc-
`lear facility", but
`if such facility is located
`within the United States of America, its terri-
`tories or possessions or Canada,
`this ex-
`clusion (3) applies only to "property dam—
`age" to such "nuclear
`facility" and any
`property thereat.
`2. As used in this endorsement:
`
`.
`
`"Hazardous properties" includes radioactive, toxic
`or explosive properties.
`
`"Nuclear material" means "source material", "spe—
`cial nuclear material" or "by—product material".
`
`lL 00 21 09 08
`
`© ISO Properties, Inc, 2007
`
`Page 1 of 2
`
`El
`
`

`

`FILED: KINGS COUNTY CLERK 06/30/2017 12:23 PM
`FILED: KINGS COUNTY CLERK 06m2017 12:23 PM
`NYSC
`SF DOC. NO. 10
`NYSCEF DOC. NO. 10
`
`INDEX NO. 500129/2017
`INDEX NO~ 500129/2017
`
`
`
`
`
`RaCaIVaD VYSCEF: 06/30/2017
`RECEIVED NYSCEF: 06/30/2017
`
`"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 ex-
`posed 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 "nuc-
`lear 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 packag-
`ing "waste";
`
`the
`(c) Any equipment or device used for
`processing, fabricating or alloying of "spe~
`cial 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 uranium
`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 foregoing
`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 self-
`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
`
`© ISO Properties, Inc., 2007
`
`IL 00 21 09 08
`
`El
`
`

`

`FILED: KINGS COUNTY CLERK 06/30/2017 12:23 PM
`
` FILED: KINGS COUNTY CLERK 06 @2017 12 :23 PM
`NYSCI 3F DOC. NO. 10
`NYSCEF DOC. NO. 10
`
`INDEX NO .
`500129/2017
`INDEX NO. 500129/2017
`
`
`
`
`
`RTTC fiIVfiD \TYSCEF:
`06/30/2017
`RECEIVED NYSCEF: 06/30/2017
`
` 0
`
`Western Heritage
`Insurance Company
`
`
`
`
`ATTACHED TO AND
`FORMING A PART OF
`POLICY NUMBER
`
`ENDORSEMENT EFFECTIVE DATE
`(12:01A.M.STANDARD TIME)
`
`NAM ED INSURED
`
`AGENT No.
`
`SCPO—989651
`
`03/18/2014
`
`APPLE RENAISSANCE RESTORATION CORP
`
`
`(The above information is required only when this endorsement is issued subsequent to preparation of the policy.)
`
`31010
`
`
`
`THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
`
`SERVICE OF SUIT
`
`Pursuant to any statute of any state, territory or district of
`the United States which makes provision therefore,
`the
`
`Company hereby designates the Superintendent, Commis—
`sioner or Director of Insurance or other office specified for
`that purpose in the Statute, or his successor or successors
`in office, as their true and lawful attorney upon Whom may
`be served any lawful process in any action, suit or proceed-
`ing instituted by or on behalf of the insured or any benefi-
`ciary hereunder rising out of this contract of insurance, and
`hereby designate the above-named as the person to whom
`said officer is authorized to mail process or a true copy
`thereof.
`
`It is further agreed that service of process may be made
`upon the President, or his nominee, of the Company at
`9200 East Pima Center Parkway, Suite 350, Scottsdale,
`Arizona 85258, and that in any suit instituted against any
`one of them upon this policy, the Company will abide by
`the final decision of such Court or of any Appellate Court in
`the event of an appeal.
`
`It is agreed that in any state requiring a standard form of
`policy, insurance hereunder on values of properties in such
`state shall attach and cover in accordance with the terms
`and conditions of such standard form.
`
`All other Terms and Conditions of this Policy remain unchanged.
`
`
`DATE
`
`AUTHORIZED REPRESENTATIVE
`
`WHl 20-0117 (02-11)
`
`Page1 of 1
`HOME OFFICE
`
`

`

`FILED: KINGS COUNTY CLERK 06/30/2017 12:23 PM
` FILED: KINGS COUNTY CLERK 06m2017 12:23 PM
`
`NYSCEF DOC. NO. 10
`NYSCEF DOC. NO. 10
`
`INDEX NO. 500129/2017
`INDEX NO~ 500129/2017
`
`
`
`
`
`
`RaCaIVaD VYSCEF: 06/30/2017
`RECEIVED NYSCEF: 06/30/2017
`
` (fl
`
`Western Heritage
`Insurance Company
`ATTACHED TO AND
`FORMING A PART OF
`POLICY NUMBER
`
`ENegfiff‘MfistLfifigi‘gVfijgm
`I
`'
`'
`'
`I
`
`
`
`
`NAMED INSURED
`
`AGENT NO.
`
`
`
`
`
`
`(The above information is required only when this endorsement is issued subsequent to preparation of the policy.)
`
`THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
`
`AMENDMENT OF COMMON POLICY CONDITIONS
`
`This endorsement modifies insurance provided under the following:
`
`COMMON POLICY CONDITIONS
`
`Paragraph 2. of Section A. Cancellation is replaced by:
`2. We may cancel this policy by mailing or delivering
`to the first Named Insured written notice of can-
`cellation at least:
`
`The following provision is added to Paragraph E.
`P m'
`:
`re lums
`If the policy is canceled, we will return unearned pre-
`mium to the first Named Insured within a reasonable
`
`time after the policy cancellation date, and will not be
`subject to interest or any statutory penalty.
`
`a. Ten (10) days before the effective date Of
`cancellation if we cancel for nonpayment of
`premium,
`including payment due on a prior
`policy we issued and due during the current
`policy term covering the same risk; or
`
`b. Five days before the effective date of cancel-
`lation if we cancel for any other reason.
`
`All other Terms and Conditions of this Policy remain unchanged.
`
`________________.__L______
`AUTHORIZED REPRESENTATIVE
`DATE
`
`WHI 20—0478 (07—11)
`
`Page 1 of1
`
`Includes copyrighted material of ISO Properties, Inc., with its permission.
`Copyright, ISO Properties, Inc., 1998
`
`

`

`FILED: KINGS COUNTY CLERK 06/30/2017 12:23 PM
` FILED: KINGS COUNTY CLERK 06m2017 12:23 PM
`
`NYSCEF DOC. NO. 10
`'
`NYSCEF DOC. NO. 10
`
`INDEX NO. 500129/2017
`INDEX NO~ 500129/2017
`
`
`
`
`
`RfiCfiIVfiD NYSCEF: 06/30/2017
`RECEIVED NYSCEF: 06/30/2017
`
`
`
`
`0
`
`Western Heritage
`immature Company
`
`ATTACHED 7° AND
`F%%“II§$£UPMSEISF
`
`ENDORSEMENT EFFECTIVE DATE
`(12:01AM'5TANDAHDTIME)
`
`SCPO—989651
`
`03/18/2014
`
`APPLE RENAISSANCE RESTORATION CORP
`
`NAMED INSURED
`
`AGENT N0.
`
`(The above information is required only when this endorsement is issued subsequent to preparation of the policy.)
`
`THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
`
`COMMERCIAL GENERAL LIABILITY
`COVERAGE PART DECLARATIONS
`
`CI
`"X" if Supplemental Declarations is Attached
`LIMITS OF INSURANCE
`
` Each Occurrence Limit
`
`Damage To Premises Rented To You Limit
`$
`10 0
`0 0 0 Any One Premises
`
`1
`0 o 0 Any One Person
`Medical Expense Limit
`$
`
`Personal & Advertising injury Limit
`
`General Aggregate Limit
`
`$
`
`515
`
`1 , 00 0 , 0 0 0 Any One Person or Organization
`
`2 , 000,000
`
`Products/ Completed Operations Aggregate Limit
`$
`2 , 0 0 o , o 0 0
`
` This policy is designated with a "Policy Liability Aggregate Limit." Definition: "Policy Liability Aggregate Limit" means the
`
`greatest aggregate limit, as set forth in the Declarations, for any single Coverage Part of this policy.
`Location(s) (Including Zip Code) of All Premises you Own, Rent or Occupy (Enter "Same" it same location as your mailing
`address):310 95TH STREET, SUITE 4C, BROOKLYN, NY 11209
`
`..
`
`.
`
`ClaSSItIcation
`
`MASONRY
`
`Code
`
`Number
`
`97447
`
`Premium
`
`Basis
`
`“-
`Prem/Ops
`Prod/Csomp
`Prem/Ops
`Procggssomp
`
`30,000 (p)
`
`239. 2
`
`INCLUDED
`
`7,176
`
`INCLUDED
`
`1,000,000
`
`
`
`
`
`
`
` l4?
`
`
`7 176
`
`( (
`
`a)Area
`
`p Payroll)
`
`Per $1,000
`(5) Gross Sales
`o Other (Define) 2 Other (Define)
`(
`)
`
`'
`
`TH ESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS, lFAPPLlCABLE, TOGETHER
`
`WITH THE COMMON POLICY CONDITIONS, COVERAGE FORM(S), FORMS AND EN DORSEMENTS
`COMPLETE THE ABOVE-N UMBERED POLICY.
`
`WHI 21-0296 (10-11)
`
`Page 1 of 3
`HOME OFFICE
`
`

`

`FILED: KINGS COUNTY CLERK 06/30/2017 12:23 PM
`FILED: KINGS COUNTY CLERK 06m2017 12:23 PM
`
`NYSCEF DOC. NO. 10
`NYSCEF DOC. NO. 10
`
`INDEX NO. 500129/2017
`INDEX NO~ 500129/2017
`
`
`
`
` RaCaIVaD VYSCEF: 06/30/2017
`RECEIVED NYSCEF: 06/30/2017
`
`When used as a premium base:
`
`"Area" means:
`
`The total number of square feet or floor space at the
`insured premises, computed as follows:
`
`A. For entire buildings, by multiplying the product of
`the horizontal dimensions of the outside of the
`
`in-
`outer building walls by the number of floors,
`cluding basements but do not use the area of the
`following:
`
`1. Courts and mezzanine types of floor open—
`ings; and
`
`2. Portions of basements of floors where fifty
`percent (50%) or more of the area is used for
`shop or storage for building maintenance,
`dwelling by building maintenance employees,
`heating units, power plants or air-condition-
`ing equipment.
`
`B. For tenants, determine the area they occupy in
`the same manner as forthe entire building.
`
`C. The rates apply per 1,000 square feet of area.
`
`'Total Cost" means:
`
`The total cost of all work let or sublet in connection
`
`with each specific project including:
`
`A. The cost of all labor, materials and equipment fur-
`nished, used or delivered for use in the execution
`of the work; and
`
`B. All fees, bonuses or commissions made, paid or
`due.
`
`"Admissions" means:
`
`The total number of persons, otherthan employees or
`the named insured, admitted to the event insured or
`to events conducted on the premises whether on paid
`admissions, tickets, complimentary tickets or passes.
`The rates apply per 1,000 admissions.
`
`'Payroll" means:
`
`A. Remuneration which includes money or substi-
`tutes for money.
`
`B. Payroll includes:
`
`1. Commissions, bonuses, pay for holidays,
`vacations or periods of illness;
`
`2. Extra pay for overtime in accordance with the
`manuals in use by us;
`
`WHI 21—0296 (10-11)
`
`.
`
`Page 2 of 3
`
`3. Payments by an employer or amounts other-
`wise required by law to be paid by em-
`ployees to statutory insurance or pension
`plans, such as the Federal Social Security
`Act;
`
`4. Payment to employees on any basis other
`than time worked, such as piece work, profit
`
`sharing or incentive plans;
`
`5. Payment or allowance for hand tools or
`power tools used by hand provided by em—
`ployees and used in their work or operations
`forthe insured;
`
`6. The rental value of an apartment or a house
`provided for an employee based on com-
`parable accommodations;
`
`7. Value of meals and lodging other than an
`apartment or house received by employees
`as part of their pay;
`
`8. The value of store certificates, merchandise,
`
`credits or any other substitute for money re-
`ceived by employees as part of their pay;
`
`9. The payroll of mobile equipment operators
`and their helpers, whether or not the opera—
`tors are designated or licensed to operate
`automobiles.
`If
`the operators and their
`helpers are provided to the insured along
`with equipment hired under contract and
`their actual payroll is not known, use 1/3 of
`the total amount paid out by the insured for
`the hire orthe equipment;
`
`10. The payroll or executive officers and individ-
`ual insureds and co-partners in accordance
`with the manuals in use by us; and
`
`11. Fees paid to employment agencies for tem—
`porary personnel provided to the insured.
`
`Payroll does not include:
`
`and
`1. Tips
`employees;
`
`other gratuities
`
`received
`
`by
`
`2. Payments by an employer to group insur—
`ance or group pension plans for employees
`in accordance with the manuals in use by us;
`
`3. The value of special rewards for individual in-
`vention or discovery;
`
`

`

`FILED: KINGS COUNTY CLERK 06/30/2017 12:23 PM
`FILED: KINGS COUNTY CLERK 06m2017 12:23 PM
`
`NYSCEF DOC. NO. 10
`NYSCEF DOC. NO. 10
`
`INDEX NO. 500129/2017
`INDEX NO~ 500129/2017
`
`
`
`
`
`RaCaIVaD VYSCEF: 06/30/2017
`RECEIVED NYSCEF: 06/30/2017
`
`
`
`4. Dismissal or severance payments exoept for
`time worked or accrued vacation;
`
`The payroll of clerical office employees;
`
`The payroll of salesmen, collectors or mes-
`sengers who work principally away from the
`insured's premises. Salesman, collectors or
`messengers are those employees engaged
`principally in any such duties away from the
`premises of the employer;
`
`Exception: This term does not apply to any
`employee whose duties include the delivery
`of any merchandise handled, treated or sold.
`
`The payroll of drivers and their helpers if their
`principal duties are to work on or in connec-
`tion with automobiles; and
`
`The payroll of aircraft pilots or co—pilots if their
`principal duties are to work on or in connec—
`tion with aircraft in either capacity.
`
`D. The rates apply per $1 ,000 of payroll.
`
`"G ross Sales" m eans:
`
`A. The gross amount charged by the named in-
`sured, concessionaires of the named insured or
`
`2.
`
`Freight allowance to customers;
`
`3. Total sales of consigned goods and ware—
`house receipts;
`
`4. Trade or cash discounts;
`
`5. Bad debts; and
`
`6. Repossession of items sold on installments
`(amount actually collected).
`
`A. Gross Sales excludes:
`
`1. Sales or excise taxes which are collected and
`
`submitted to agovernmental division;
`
`2. Credits tor repossessed merchandise and
`products returned. Allowances for damaged
`and spoiled goods;
`
`charges
`3. Finance
`installments;
`
`for
`
`.items
`
`sold
`
`on
`
`4.
`
`Freight charges on sales if freight is charged
`as aseparate item on customers invoice; and
`
`5. Royalty income from patent rights or copy-
`rights which are not product sales.
`
`B. The rates apply per $1,000 of gross sales.
`
`by others trading underthe insured's name for:
`
`'Units" means:
`
`All goods or products, sold or distributed;
`
`2. Operations performed during the policy pe—
`riod; and
`
`3. Rentals.
`
`Gross Sales includes:
`
`Foreign exchange discounts;
`
`A single room or group of rooms intended for occu-
`pancy as separate living quarters by a family, by a
`group of unrelated persons living together, or by a
`person living alone.
`
`The rates apply per each unit.
`
`All other Terms and Conditions of this Policy remain unchanged.
`
`WHI 21-0296 (10-11)
`
`Page 3 of 3
`
`AUTHORIZED REPRESENTATIVE
`
`DATE
`
`

`

`FILED: KINGS COUNTY CLERK 06/30/2017 12:23 PM
`FILED: KINGS COUNTY CLERK 06m2017 12:23 PM
`
`NYSCEF DOC. NO. 10
`NYSCEF DOC. NO. 10
`
`INDEX NO. 500129/2017
`INDEX NO~ 500129/2017
`
`
`
`
`
`
`RaCaIVaD VYSCEF: 06/30/2017
`RECEIVED NYSCEF: 06/30/2017
`
`COMMERCIAL GENERAL LIABILITY COVERAGE FORM
`
`COMMERCIAL GENERAL LIABILITY
`CG 00 01 04 13
`
`Various provisions in this policy restrict coverage.
`Read the entire policy carefully to determine rights,
`duties and what is and is not covered.
`
`this policy the words "you" and "your"
`Throughout
`refer to the Named Insured shown in the Declarations,
`and any other person or organization qualifying as a
`Named Insured under this policy. 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
`Insured.
`
`Other words and phrases that appear in quotation
`marks have special meaning. Refer to Section V —-
`Definitions.
`
`SECTION I — COVERAGES
`
`COVERAGE A - BODILY INJURY AND PROPERTY
`DAMAGE LIABILITY
`
`1. Insuring Agreement
`
`the insured
`a. We will pay those sums that
`becomes legally obligated to pay as damages
`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" 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 ends when we
`have used up the applicable
`limit of
`insurance in the payment of judgments or
`settlements under Coverages A or B or
`medical expenses under Coverage C.
`
`No other obligation or liability to pay sums or
`perform acts or services is covered unless
`explicitly provided for under Supplementary
`Payments — Coverages A and B.
`
`b. This insurance applies to "bodily injury" and
`"property damage" only if:
`
`(1) The "bodily injury" or "property damage" is
`caused by an "occurrence" that takes place
`in the "coverage territory";
`
`(2) The "bodily injury" or "property damage"
`occurs during the policy period; and
`
`(3) Prior to the policy period, no insured listed
`under Paragraph 1. of Section II
`_-— Who Is
`An Insured and no "employee" authorized
`by you to give or receive notice of an
`"occurrence" or claim, knew that the "bodily
`injury" or "property damage" had occurred,
`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" occurred,
`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
`Paragraph 1. of Section II - Who Is An Insured
`or any "employee" 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.
`
`. "Bodily injury" or "property damage" will be
`deemed to have been known to have occurred
`at the earliest time when any insured listed
`under Paragraph 1. of 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 any part, of the "bod