FILED: KINGS COUNTY CLERK 10/30/2017 08:43 AM
`NYSCEF DOC. NO. 110
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`INDEX NO. 519360/2016
`
`RECEIVED NYSCEF: 10/30/2017
`
`
`
`
`
`- against -
`
`
`
`Plaintiff,
`
`Defendants.
`
`
`
`
`Index No.: 519360/2016
`
`
`
`
`RESPONSE PURSUANT TO
`PRELIMINARY CONFERENCE
`ORDER
`
`
`
`
`Third-Party
`Index No.:
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`
`
`FRANCO CURCIO,
`
`
`
`
`322 WEST 57TH STREET CONDOMINIUM,
`HEARST COMMUNICATIONS, INC. and NEW
`YORK ROAD RUNNERS, INC.,
`
`
`
`322 WEST 57TH STREET CONDOMINIUM,
`Third-party plaintiff,
`
`
`
`
`- against -
`
`
`
`HEARST COMMUNICATIONS, INC.,
`Third-party defendants.
`
`
`
`
`
`Defendant, third-party plaintiff, 322 WEST 57TH STREET CONDOMINIUM, as and
`
`for its response pursuant to the preliminary conference order issued herein on October 12,
`
`2017 sets forth as follows:
`
`third-party plaintiff, 322 WEST 57TH STREET
` Defendant,
`IV.
`
`CONDOMINIUM is insured under a primary policy issued by the Admiral Indemnity
`Company under policy number 21-21769431-30 for the policy period 09/01/2016 to
`09/01/2017 which had a limit of liability for personal injury in the amount of $1.0M
`per occurrence with a general aggregate in the amount of $2.0M. [Exhibit A.] Excess
`coverage has been requested, and will be supplied upon receipt.
`
`third-party plaintiff, 322 WEST 57TH STREET
` Defendant,
`V.
`
`CONDOMINIUM will provide a verified bill of particulars regarding affirmative
`defenses separately.
`
`
`IX. (2) Defendant, third-party defendant, 322 WEST 57TH STREET
`CONDOMINIUM is not aware of any eyewitnesses to the occurrence alleged herein
`other than the plaintiff, or notice witnesses to any condition alleged herein; has no
`statements made by or on behalf of the adverse parties in this lawsuit; and has no
`photographs of the area of the accident or the plaintiff.
`
`IX. (6) Defendant, third-party defendant, 322 WEST 57TH STREET
`CONDOMINIUM has no incident reports prepared in the usual course of business
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`
`concerning the subject occurrence.
`
`Defendant, third-party defendant, 322 WEST 57TH STREET CONDOMINIUM
`
`reserves the right to supplement this response when, and if additional information becomes
`
`available.
`
`Dated: New York, New York
`October 30, 2017
`
`X
`
`LAWRENCE A. DORIS, ESQ.
`
`FLYNN, GIBBONS & DOWD, ESQS.
`Attorneys
`for
`defendant,
`third-party
`plaintiff, 322 WEST 57TH STREET
`CONDOMINIUM
`65 Broadway
`Suite 742
`New York, New York 10006
`(212) 962-2450
`
`S.
`
`LAW OFFICES OF MICHAEL
`LAMONSOFF, PLLC
`Attorneys for plaintiff, FRANCO CURCIO
`Financial Square at 32 Old Slip
`8th Floor
`New York, New York 10005
`(212) 962-1020
`
`MARSHALL CONWAY & BRADLEY, P.C
`Attorneys
`for
`defendants,
`third-party
`defendant, HEARST COMMUNICATIONS,
`INC. and NEW YORK ROAD RUNNERS,
`INC.
`45 Broadway
`Suite 740
`New York, New York 10006
`(212) 619-4444
`
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`NYSC 3F DOC. NO.
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`NYSCEF DOC. NO. 110
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` ifiX NO.
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`INDEX NO. 519360/2016
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`RECEIVED NYSCEF: 10/30/2017
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`
`
`EXHIBIT A
`
`EXHIBIT A
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`l
`
`NYSCI 3F
`DOC. NO. 110
`NYSCEF DOC. NO. 110
`
`
`
` i «.x NO.
`5 19360/201
`INDEX NO. 519360/2016
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` \IYSC'QF :
`
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`
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`RfiCfi
`'0/30/201
`RECEIVED NYSCEF: 10/30/2017
`
`
`
`POLICY JACKET_IL PJ 01 CSM_04/11
`
`NAMED INSURED: THE 322 WEST 57TH STREET
`NAMED INSURED: THE 322 WEST 57TH STREET
`CONDOMINIUM
`CONDOMINIUM
`POLICY NUMBER: 21-21769431-30
`POLICY NUMBER: 21-21769431-30
`
`ADMIRAL INDEMNITY COMPANY
`ADMIRAL INDEMNITY COMPANY
`
`UN DERWRITTEN BY:
`UNDERWRITTEN BY:
`
`CLERMONT
`
`SPECIALTY MANAGERS
`
`®
`
`a W. R. Berkley Company
`
`301 ROUTE 17 NORTH, SUITE 900 | RUTHERFORD, NJ 07070
`301 ROUTE 17 NORTH, SUITE 900 | RUTHERFORD, NJ 07070
`PHONE: (201) 518-2500 | FAX: (201) 342-6381 | WEBSITE: WWW.CLERMONT.WRBERKLEY.COM
`(201) 518-2500 | FAX: (201) 342-6381 | WEBSITE: WWW.CLERMONT.WRBERKLEY.COM
`PHONE:
`
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`
`COMMERCIAL LINES POLICY COMMON POLICY DECLARATIONS_IL DS 83 00 A_04/10
`Issuing Company: Admiral Indemnity Company
`
`IL DS 83 00 04 10
`
`COMMERCIAL LINES POLICY
`COMMON POLICY DECLARATIONS
`New Business
`
`Policy No.: 21-21769431 - 30
`
`Named Insured Name and Address
`The 322 West 57th Street Condominium
`c/o AKAM Associates, Inc
`260 Madison Avenue, 12th Floor
`New York, NY 10016
`
`Billing Method: Agency
`Payment Plan: Full Pay
`Agency Name and Address
`8014
`(516) 496-7600
`HUB International Northeast Limited
`100 Sunnyside Blvd
`Woodbury, NY 11797-2925
`
` POLICY PERIOD
`Policy Period: From 09/01/2016 to 09/01/2017 at 12:01 A.M. Standard Time at your mailing address shown above.
`Business Description: Condo with merc
`
`Form of Business: Condominium or Townhouse Association
`IN RETURN FOR YOUR PAYMENT OF THE PREMIUM AND SUBJECT TO ALL TERMS OF THIS POLICY, WE
`AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY.
`
`THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS
`INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT.
`
`Commercial General Liability Coverage Part
`Commercial Auto Coverage Part
`
`$
`$
`TOTAL: $
`
`Premium
`Included
`Included
`
`160,323.00
`
`FORMS APPLICABLE TO ALL COVERAGE PARTS
`See attached "Schedule of Forms and Endorsements"
`THESE DECLARATIONS, TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGES
`FORM(S) AND ANY ENDORSEMENT(S), COMPLETE THE ABOVE NUMBERED POLICY.
`
`Countersigned:
`
`By
`
`Authorized Representative
`
`IL DS 83 00 04 10
`
`Includes material copyrighted by Insurance Services Office, Inc., with its permission
`
`Page 1 of 1
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`FILED: KINGS COUNTY CLERK 10/30/2017 08:43 AM
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`
`LOCATION SCHEDULE_CL LOC_09/08
`LOCATION SCHEDULE
`
`Location # 1
`
`322 W 57th St
`New York, NY 10019
`
`CL LOC 09 08
`
`CL LOC 09 08
`
`Page 1 of 1
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`
`SCHEDULE OF FORMS AND ENDORSMENTS_CL IL FS 01 A_09/08
`
`COMMERCIAL COMMON POLICY
`CL IL FS 01 09 08
`
`Policy Number: 21-21769431 - 30
`SCHEDULE OF FORMS AND ENDORSEMENTS
`
`The following Declarations, Coverage Forms, Conditions, and Endorsements are applicable to:
`
`Commercial Common Policy
`
`Number
`CL IL FS 01
`CL LOC
`CSM PHN 001
`IL 00 17
`IL DS 77 00 CSM
`IL DS 83 00
`IL P 001
`
`IL PJ 01 CSM
`
`Edition
`09-2008
`09-2008
`10-2015
`11-1998
`04-2011
`04-2010
`01-2004
`
`04-2011
`
`Description
`Schedule of Forms and Endorsements
`Location Schedule
`Claims Reporting - Notice to Policyholders
`Common Policy Conditions
`Clermont Policy Ending Form
`Commercial Lines Policy Common Policy Declarations
`U.S. Treasury Departments Office of Foreign Assets Control (OFAC) Advisory Notice
`to Policyholders
`Clermont Policy Jacket
`
`Commercial Auto Coverage Part
`
`Number
`IL 01 83
`IL 01 85
`
`Edition
`08-2008
`08-2008
`
`Description
`New York Changes - Fraud
`New York Changes - Calculation of Premium
`
`Commercial General Liability Coverage Part
`
`Number
`CG PHN 001
`CL MA SCH
`CSM PHN CG
`IL 00 23
`IL 01 85
`IL 02 68
`IL 09 85
`TRIA DISCL D
`CSM PHN 001
`
`Edition
`10-2015
`08-2012
`07-2016
`07-2002
`08-2008
`01-2014
`01-2015
`01-2015
`10-2015
`
`Description
`General Liability Unmanned Aircraft Endorsements Notice
`Managing Agent Schedule
`Commercial General Liability Policyholder Notice(Habitational Rewrite)
`Nuclear Energy Liability Exclusion
`New York Changes - Calculation of Premium
`New York Changes Cancellation And NonRenewal
`Disclosure Pursuant to Terrorism Risk Insurance Act
`Disclosure Notice - Exhibit D
`Claims Reporting - Notice to Policyholders
`
`State
`ALL
`ALL
`ALL
`ALL
`ALL
`ALL
`ALL
`
`ALL
`
`State
`ALL
`ALL
`
`State
`ALL
`ALL
`ALL
`ALL
`ALL
`ALL
`ALL
`ALL
`ALL
`
`ALL = ALL states on the policy
`ALL* = Applies to all states on the policy unless a specific state form is designated
`
`CL IL FS 01 09 08
`
`Page 1 of 1
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`
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`
`IL P 001 01 04
`U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN
`ASSETS CONTROL ("OFAC")
`ADVISORY NOTICE TO POLICYHOLDERS
`
`<!-Bookmark:OFFICE OF FOREIGN ASSETS CONTROL NOTICE TO POLICYHOLDER_IL P 001_01/04:EndBoomark-!>
`
`
`No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your
`policy. You should read your policy and review your Declarations page for complete information on the coverages
`you are provided.
`This Notice provides information concerning possible impact on your insurance coverage due to directives issued
`by OFAC. Please read this Notice carefully.
`The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential
`declarations of "national emergency". OFAC has identified and listed numerous:
` (cid:122) Foreign agents;
` (cid:122) Front organizations;
` (cid:122) Terrorists;
` (cid:122) Terrorist organizations; and
` (cid:122) Narcotics traffickers;
`as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treas-
`ury's web site – http//www.treas.gov/ofac.
`In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity
`claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and
`Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all
`provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such
`a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC.
`Other limitations on the premiums and payments also apply.
`
`IL P 001 01 04
`
`
`© ISO Properties, Inc., 2004
`
`Page 1 of 1
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`CSM PHN 001 10 15
`
`
`CLAIMS REPORTING
`
`ADVISORY NOTICE TO POLICYHOLDERS
`
`If you have an emergency or need to report a catastrophic claim after our normal
`business hours, please contact our Emergency Call Center at the following toll-
`free number:
`
`<!-Bookmark:CLAIMS REPORTING NOTICE TO POLICYHOLDERS_CSM PHN 001_10/15:EndBoomark-!>
`
`(866) 338-3098
`
`You can also submit a new claim report via our First Notice of Loss on-line
`mailbox:
`
`firstreports@clermont.wrberkley.com
`
`Please refer to our website as an additional source of information in advance of,
`and during, a catastrophic event as well as for important claims contact
`information.
`
`www.clermont.wrberkley.com
`
`CSM PHN 001 10 15
`
`
`Page 1 of 1
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`RECEIVED NYSCEF: 10/30/2017
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`10 of 119
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`COMMERCIAL GENERAL LIABILITY
`CSM PHN CG 07 16
`
`NEW HABITATIONAL PROGRAM ADVISORY NOTICE
`TO POLICYHOLDERS – COMMERCIAL GENERAL
`LIABILITY
`
`<!-Bookmark:NEW HABITATIONAL PROGRAM ADVISORY NOTICE TO POLICYHOLDERS - COMMERCIAL GENERAL LIABILITY_CSM PHN CG_07/16:EndBoomark-!>
`
`This is a summary of the major changes to the Commercial General Liability coverage provided
`by your Habitational policy. No coverage is provided by this summary nor can it be construed to
`replace any provisions of your policy. You should read your policy and review your Declarations
`Page for complete information on the coverages you are provided. If there is any conflict between
`the policy and this summary, THE PROVISIONS OF THE POLICY SHALL PREVAIL.
`The areas within the policy that broaden or reduce coverage, and other changes, are highlighted
`below. This notice does not reference every editorial change made in your policy.
`The material in this notice makes reference to form and endorsement numbers; however, not all
`forms and endorsements are included in a particular policy.
`MOVE TO MORE RECENT ISO FORMS
`In conjunction with this rewrite project, we took the opportunity to adopt the changes introduced
`with the 04 13 edition of the ISO General Liability forms in all states where not currently supported.
`POLICY LANGUAGE CHANGES
`The following is an overview of the more significant policy language changes being introduced:
`A. COMMERCIAL GENERAL LIABILITY COVERAGE FORM (CG 00 01)
`1. Coverage A – Exclusion 2.c. (Liquor Liability)
`a. Description of Changes
`1. The exclusion is revised to provide an exception with respect to allowing a person
`to bring alcoholic beverages onto the named insured's premises for consumption
`on the named insured's premises. This change represents a broadening in
`coverage.
`2. The exclusion is revised to reinforce that the exclusion applies even if claims
`against an insured allege negligence or other wrongdoing in the supervision, hiring,
`employment, training or monitoring of others, or providing or failing to provide
`transportation with respect to any person that may be under the influence of
`alcohol. There is no impact on coverage.
`2. Coverage A – Exclusion 2.g. (Aircraft, Auto Or Watercraft)
`a. Description of Changes
`The exclusion is revised to delete reference to "in the state".
`Impact on Coverage
`There is no impact on coverage.
`
`b.
`
`Page 1 of 5
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`

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`INDEX NO. 519360/2016
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`RECEIVED NYSCEF: 10/30/2017
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`b.
`
`b.
`
`3. Coverage A – Exclusion 2.p. (Electronic Data)
`a. Description of Changes
`The exclusion is revised to introduce and exception for liability for damages because
`of bodily injury.
`Impact on Coverage
`This represents a broadening in coverage.
`4. Coverage A – Exclusion 2.q. (Recording And Distribution Of Material Or Information
`In Violation Of Low)
`a. Description of Changes
`This exclusion was previously added to your policy via mandatory endorsement. The
`endorsement contained an exclusion addressing injury or damage arising out of any
`action or omission that violates or is alleged to violate certain statutes, ordinances and
`regulations. This exclusion has been incorporated directly into your policy.
`Impact on Coverage
`There is no impact on coverage.
`5. Coverage B – Exclusions 2.b and 2.c. (Material Published With Knowledge Of Falsity
`and Material Published Prior To Policy Period)
`a. Description of Changes
`These exclusions are revised to reference "in any manner", with respect to oral or
`written publication, for consistency with the definition of personal and advertising
`injury.
`Impact on Coverage
`There is no impact on coverage.
`6. Coverage B – Exclusion 2.p. (Recording And Distribution Of Material Or Information
`In Violation Of Low)
`a. Description of Changes
`This exclusion was previously added to your policy via mandatory endorsement. The
`endorsement contained an exclusion addressing injury or damage arising out of any
`action or omission that violates or is alleged to violate certain statutes, ordinances and
`regulations. This exclusion has been incorporated directly into your policy.
`Impact on Coverage
`There is no impact on coverage.
`7. Condition 4. (Other Insurance)
`a. Description of Changes
`This condition is generally revised so that the insurance provided is excess over any
`for which the named insured has been added as an additional insured, whether by
`endorsement or any other means.
`Impact on Coverage
`There is no impact on coverage.
`
`b.
`
`b.
`
`b.
`
`Page 2 of 5
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`

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`
`INDEX NO. 519360/2016
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`RECEIVED NYSCEF: 10/30/2017
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`b.
`
`b.
`
`8. Definition 2. (Auto)
`a. Description of Changes
`This definition is revised to delete reference to "in the state" with respect to where a
`vehicle is licensed or principally garaged.
`Impact on Coverage
`There is no impact on coverage.
`9. Definition 12. (Mobile Equipment)
`a. Description of Changes
`This definition is revised to delete reference to "in the state" with respect to where a
`vehicle is licensed or principally garaged.
`Impact on Coverage
`There is no impact on coverage.
`C. MULTISTATE ENDORSEMENTS
`1. Additional Insured Endorsements
`a. Description of Changes
`The following additional insured endorsements are revised to indicate that when these
`endorsements are attached to a policy, if coverage provided to the additional insured
`is required by contract or agreement, coverage to the additional
`insured will be
`afforded to the extent permissible by law and to the extent the named insured is
`required by the contract or agreement to provide insurance for the additional insured.
`Additionally, if coverage provided to the additional insured is required by contract or
`agreement, the limits of insurance of the named insured's policy that are available to
`an additional insured will be limited to the extent required by the contract or agreement
`or the amount of insurance available under the applicable Limits of Insurance shown
`in the Declarations, whichever is less:
`CG 20 05 Additional Insured – Controlling Interest
`CG 20 10 Additional Insured – Owners, Lessees Or Contractors – Scheduled Person
`Or Organization
`CG 20 11 Additional Insured – Managers Or Lessors Of Premises
`CG 20 13 Additional Insured – State Or Governmental Agency Or Subdivision Or
`Political Subdivision – Permits Or Authorizations Relating To Premises
`CG 20 15 Additional Insured – Vendors
`CG 20 18 Additional Insured – Mortgagee, Assignee Or Receiver
`CG 20 24 Additional Insured – Owners Or Other Interest From Whom Land Has Been
`Leased
`CG 20 26 Additional Insured – Designated Person Or Organization
`CG 20 27 Additional Insured – Co-owner Of Insured Premises
`CG 20 28 Additional Insured – Lessor Of Leased Equipment
`
`Page 3 of 5
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`CSM PHN CG 07 16
`
`b.
`
`b.
`
`b.
`
`b.
`
`Impact on Coverage
`There is no impact on coverage.
`2. Professional Services Endorsements
`a. Description of Changes
`The following endorsements are revised to expressly address, in part, claims alleging
`negligence or other wrongdoing in the hiring, employment, training, supervision or
`monitoring of others by any insured:
`CG 21 16 Exclusion – Designated Professional Services
`CG 22 48 Exclusion – Insurance And Related Operations
`CG 22 76 Professional Liability Exclusion – Health Or Exercise Clubs Or
`Commercially Operated Health Or Exercise Facilities
`CG 22 77 Professional Liability Exclusion – Computer Data Processing
`CG 23 01 Exclusion – Real Estate Agents Or Brokers Errors Or Omissions
`Impact on Coverage
`There is no impact on coverage.
`3. Exclusion – Volunteer Workers Endorsement (CG 21 66)
`a. Description of Changes
`This endorsement is revised to delete reference to "in the state" from Exclusion 2.g.
`(Aircraft, Auto Or Watercraft).
`Impact on Coverage
`There is no impact on coverage.
`4. Real Estate Property Managed Endorsement (CG 22 70)
`a. Description of Changes
`This endorsement is revised to reinforce that the insurance provided is excess over
`any other insurance available, whether such insurance is primary or excess.
`Impact on Coverage
`There is no impact on coverage.
`5. Limited Contractual Liability – Railroads Endorsement (CG 24 27)
`a. Description of Changes
`the defined term “insured contract”
`that
`This endorsement
`is revised to reflect
`addresses certain liability assumed by the named insured with respect to the tort
`liability of another party to the extent the assumption of the tort liability is permitted by
`law.
`Impact on Coverage
`There is no impact on coverage.
`
`b.
`
`Page 4 of 5
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`

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`
`INDEX NO. 519360/2016
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`b.
`
`6. Amendment Of Liquor Liability Exclusion – Exception For Scheduled Premises Or
`Activities (for use with Products/Completed Operations Liability Coverage Part) (CG
`29 53)
`a. Description of Changes
`This endorsement is revised to reinforce that the exclusion applies even if claims
`against an insured allege negligence or other wrongdoing in the supervision, hiring,
`employment,
`training or monitoring of others, or providing or failing to provide
`transportation with respect to any person that may be under the influence of alcohol.
`Impact on Coverage
`There is no impact on coverage.
`7. Habitational Extension Endorsement (SP 189)
`a. Description of Changes
`The following highlights the more substantive changes being introduced with the new
`edition of this form:
`(1) Blanket Named Insured coverage has been added for any other organization,
`other than a partnership or joint venture, over which the Named Insured
`maintains ownership or majority interest;
`(2) The “Damage To Premises Rented To You Extension” has been revised to
`specifically identify the perils to which the coverage applies. Additionally, the
`limit of insurance for this coverage has been increased from $100,000 to
`$300,000.
`(3) Existing Blanket Additional Insured language has been revised for consistency
`with the corresponding ISO endorsements. Additionally, Blanket Additional
`Insured coverage has been added for vendors;
`(4) Coverage for “Incidental Medical Malpractice” has been added;
`(5) The definition of “Bodily Injury” has been broadened to provide coverage for
`humiliation, mental anguish, mental injury or shock which results from a physical
`injury;
`(6) Coverage has been added for injuries to co-employees;
`(7) The definition of “personal injury” has been revised to provide coverage for
`losses resulting from discrimination and humiliation that results in injury to an
`individual’s feelings or reputation.
`Impact on Coverage
`Overall, the coverage changes being introduced with the revised form result in a
`broadening in coverage.
`
`b.
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`Page 5 of 5
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`FILED: KINGS COUNTY CLERK 10/30/2017 08:43 AM
`NYSCEF DOC. NO. 110
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`INDEX NO. 519360/2016
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`COMMERCIAL GENERAL LIABILITY
`CG PHN 001 10 15
`
`GENERAL LIABILITY UNMANNED AIRCRAFT
`ENDORSEMENTS
`
`ADVISORY NOTICE TO POLICYHOLDERS
`
`<!-Bookmark:GENERAL LIABILITY UNMANNED AIRCRAFT ENDORSEMENTS_CU PHN 001_10/15:EndBoomark-!>
`
`
`This Notice does not form part of your policy. No coverage is provided by this Notice nor can it be construed to
`replace any provision of your policy. You should read your policy and review your Declarations page for complete
`information on the coverages you are provided. If there is any conflict between the Policy and this Notice, THE
`PROVISIONS OF THE POLICY SHALL PREVAIL.
`Carefully read your policy, including the endorsements attached to your policy.
`This Notice provides information concerning the following new and revised endorsements, which applies to your
`renewal policy being issued by us:
`FOR USE WITH THE COMMERCIAL GENERAL LIABILITY COVERAGE PART:
`
`CG 21 09 – Exclusion – Unmanned Aircraft
`When this endorsement is attached to your policy, coverage is excluded with respect to bodily injury and property
`damage arising out of the ownership, maintenance, use or entrustment to others of any unmanned aircraft.
`In addition, this endorsement excludes coverage with respect to personal and advertising injury arising out of the
`ownership, maintenance, use or entrustment to others of any unmanned aircraft, with certain exceptions.
`The attachment of this endorsement is viewed as a clarification of coverage intent and, therefore, does not result
`in any change in coverage as such losses would not have been covered before the attachment of this
`endorsement.
`
`CG PHN 001 10 15
`
`
`
`
`Page 1 of 1
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`FILED: KINGS COUNTY CLERK 10/30/2017 08:43 AM
`NYSCEF DOC. NO. 110
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`INDEX NO. 519360/2016
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`RECEIVED NYSCEF: 10/30/2017
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`MANAGING AGENT SCHEDULE_CL MA SCH_08/12
`Policy Number: 21-21769431
`MANAGING AGENT SCHEDULE
`
`CL MA SCH 08 12
`
`Managing Agent Name and Address:
`AKAM Associates Inc.
`260 Madison Avenue
`12th Floor
`New York, NY 10016
`
`CL MA SCH 08 12
`
`Page 1 of 1
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`FILED: KINGS COUNTY CLERK 10/30/2017 08:43 AM
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`<!-Bookmark:COMMON POLICY CONDITIONS_IL 00 17_11/98:EndBoomark-!>
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`IL 00 17 11 98IL 00 17 11 98Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1
`COMMON POLICY CONDITIONSAll Coverage Parts included in this policy are subject to the following conditions.A.Cancellation1.The first Named Insured shown in the Declara-tions may cancel this policy by mailing or de-livering to us advance written notice of cancel-lation.2.We may cancel this policy by mailing or deliv-ering to the first Named Insured written noticeof cancellation at least:a.10 days before the effective date of cancel-lation if we cancel for nonpayment of pre-mium; orb.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 firstNamed Insured's last mailing address known tous.4.Notice of cancellation will state the effectivedate of cancellation. The policy period will endon that date.5.If this policy is cancelled, we will send the firstNamed Insured any premium refund due. If wecancel, the refund will be pro rata. If the firstNamed Insured cancels, the refund may beless than pro rata. The cancellation will be ef-fective even if we have not made or offered arefund.6.If notice is mailed, proof of mailing will be suf-ficient proof of notice.B.ChangesThis policy contains all the agreements betweenyou and us concerning the insurance afforded.The first Named Insured shown in the Declara-tions is authorized to make changes in the termsof this policy with our consent. This policy's termscan be amended or waived only by endorsementissued by us and made a part of this policy.C.Examination Of Your Books And RecordsWe may examine and audit your books and rec-ords as they relate to this policy at any time duringthe policy period and up to three years afterward.D.Inspections And Surveys1.We have the right to:a.Make inspections and surveys at any time;b.Give you reports on the conditions we find;andc.Recommend changes.2.We are not obligated to make any inspections,surveys, reports or recommendations and anysuch actions we do undertake relate only to in-surability and the premiums to be charged. Wedo not make safety inspections. We do not un-dertake to perform the duty of any person ororganization to provide for the health or safetyof workers or the public. And we do not warrantthat conditions:a.Are safe or healthful; orb.Comply with laws, regulations, codes orstandards.3.Paragraphs 1. and 2. of this condition applynot only to us, but also to any rating, advisory,rate service or similar organization whichmakes insurance inspections, surveys, reportsor recommendations.4.Paragraph 2. of this condition does not applyto any inspections, surveys, reports or recom-mendations we may make relative to certifica-tion, under state or municipal statutes, ordi-nances or regulations, of boilers, pressure ves-sels or elevators.E.PremiumsThe first Named Insured shown in the Declara-tions:1.Is responsible for the payment of all premiums;and2.Will be the payee for any return premiums wepay.F.Transfer Of Your Rights And Duties UnderThis PolicyYour rights and duties under this policy may notbe transferred without our written consent exceptin the case of death of an individual named in-sured.If you die, your rights and duties will be trans-ferred to your legal representative but only whileacting within the scope of duties as your legal rep-resentative. Until your legal representative is ap-pointed, anyone having proper temporary custodyof your property will have your rights and dutiesbut only with respect to that property.
`
`oo
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`

`FILED: KINGS COUNTY CLERK 10/30/2017 08:43 AM
`NYSCEF DOC. NO. 110
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`INDEX NO. 519360/2016
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`RECEIVED NYSCEF: 10/30/2017
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`18 of 119
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`THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
`NUCLEAR ENERGY LIABILITY EXCLUSION
`ENDORSEMENT
`(Broad Form)
`
`<!-Bookmark:NUCLEAR ENERGY LIABILITY EXCLUSION_IL 00 23_07/02:EndBoomark-!>
`
`IL 00 23 07 02
`
`
`This endorsement modifies insurance provided under the following:
`
`COMMERCIAL GENERAL LIABILITY COVERAGE PART
`FARM COVERAGE PART
`LIQUOR LIABILITY COVERAGE PART
`OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
`POLLUTION LIABILITY COVERAGE PART
`PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
`RAILROAD PROTECTIVE LIABILITY COVERAGE PART
`SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF
`TRANSPORTATION
`
`
`
`
`
`
` 1. The insurance does not apply:
` A. Under any Liability Coverage, to "bodily injury"
`or "property damage":
`(1) With respect to which an "insured" under
`the policy is also an insured under a nuclear
`energy liability policy issued by Nuclear En-
`ergy Liability Insurance Association, Mutual
`Atomic Energy Liability Underwriters, Nu-
`clear Insurance Association of Canada or
`any of their successors, or would be an in-
`sured under any such policy but for its ter-
`mination upon exhaustion of its limit of liabil-
`ity; 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.
` B. Under any Medical Payments coverage, to
`expenses incurred with respect to "bodily injury"
`resulting from the "hazardous properties" of
`"nuclear material" and arising out of the opera-
`tion of a "nuclear facility" by any person or or-
`ganization.
`
`
`
`
`
`
`
` C. Under any Liability Coverage, to "bodily injury"
`or "property damage" resulting from "hazardous
`properties" of "nuclear material", if:
`(1) The "nuclear material" (a) is at any "nuclear
`facility" owned by, or operated by or on be-
`half of, an "insured" or (b) has been dis-
`charged or dispersed therefrom;
`(2) The "nuclear material" is contained in "spent
`fuel" or "waste" at any time possessed,
`handled, used, processed, stored, trans-
`ported 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 "nu-
`clear facility", but if such facility is located
`within the United States of America, its terri-
`tories or possessions or Canada, this exclu-
`sion (3) applies only to "property damage" 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".
`
`IL 00 23 07 02
`
`
`' ISO Properties, Inc., 2001
`
`Page 1 of 2
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`FILED: KINGS COUNTY CLERK 10/30/2017 08:43 AM
`NYSCEF DOC. NO. 110
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`INDEX NO. 519360/2016
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`19 of 119
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`"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 concentration
`of uranium or thorium from any ore processed pri-
`marily for its "source material" content, and (b) re-
`sulting from the operation by any person or organi-
`zation of any "nuclear facility" included under the
`first two paragraphs of the definition of "nuclear fa-
`cility".
`"Nuclear facility" means:
`(a) Any "nuclear reactor";
`(b) Any equipment or device designed or used for
`(1) separating the isotopes of uranium or pluto-
`nium, (2) processing or utilizing "spent fuel", or
`(3) handling, processing or packaging "waste";
`
`
`
`
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`
`
`(c) Any equipment or device used for the process-
`ing, fabricating or alloying of "special nuclear
`material" if at any time the total amount of such
`material in the custod