Ohio Security Insurance Company v. Russel Group LLC DBA CBI Print

IN THE DISTRICT COURT OF OTTAWA COUNTY STATE OF OKLAHOMA OHIO SECURITY INSURANCE ) COMPANY and THE OHIO CASUALTY ) INSURANCE COMPANY ) Plaintiff; vs. ) RUSSEL GROUP LLC DBA CBI PRINT ) Defendant. Case No. CJ-260-14 PETITION COMES NOW Plaintiff, OHIO SECURITY INSURANCE COMPANY and THE OHIO CASUALTY INSURANCE COMPANY, and for its cause of action against Defendant, RUSSEL GROUP LLC DBA CBI PRINT, states as follows: 1. OHIO SECURITY INSURANCE COMPANY and THE OHIO CASUALTY INSURANCE COMPANY is a legal entity organized pursuant to the law. 2. RUSSEL GROUP LLC DBA CBI PRINT is believed to hold its principal place of business in the County of OTTAWA. 3. OHIO SECURITY INSURANCE COMPANY and THE OHIO CASUALTY INSURANCE COMPANY and RUSSEL GROUP LLC DBA CBI PRINT entered into a written contract. A copy of said contract is attached hereto, made a part hereof and marked Plaintiff's "Exhibit A". 4. OHIO SECURITY INSURANCE COMPANY and THE OHIO CASUALTY INSURANCE COMPANY fully performed as agreed. 5. RUSSEL GROUP LLC DBA CBI PRINT breached said contract by failing to pay to OHIO SECURITY INSURANCE COMPANY and THE OHIO CASUALTY INSURANCE COMPANY the full agreed sum and now owes Plaintiff the amount of $49,170.60 as of June 2, 2025. OHIO SECURITY INSURANCE COMPANY and THE OHIO CASUALTY INSURANCE COMPANY’s affidavit of account is attached hereto marked as "Exhibit B". 6. Demand has been made upon RUSSEL GROUP LLC DBA CBI PRINT, but the balance remains due and unpaid. WHEREFORE, Plaintiff, OHIO SECURITY INSURANCE COMPANY and THE OHIO CASUALTY INSURANCE COMPANY, prays for judgment against Defendant, RUSSEL GROUP LLC DBA CBI PRINT, for the sum of $49,170.60, with interest after June 2, 2025 at the statutory rate or as set forth in the contract per annum, until paid in full, for all court costs, and for such other and further relief this Court deems equitable, just and proper. In addition, pursuant to 40 O.S. Sec. 4-508(D), Plaintiff, OHIO SECURITY INSURANCE COMPANY and THE OHIO CASUALTY INSURANCE COMPANY, requests that, upon entry of judgment in favor of Plaintiff herein, an order be entered directing the Oklahoma Employment Security Commission to produce employment information of the Judgment Debtor from the records in their possession upon service of a certified copy of the Order within 120 days subsequent to the filing date of the Journal Entry of Judgment and Order. Respectfully submitted, BERMAN & RABIN, P.A. __________________________________________ Crystal Griffin OK Bar No. 31460 P.O. Box 1382 Choctaw, Oklahoma 73020 [email protected] Phone: (913) 649-1555 Fax: (913) 652-9474 Liberty Mutual. INSURANCE Policyholder Information Named Insured & Mailing Address Agent Mailing Address & Phone No. RUSSEL GROUP, LLC (918) 542-5480 DBA CBI PRINT THE COLE ORGANIZATION INC 12 W CENTRAL AVE MIAMI, OK 74354-6801 Dear Policyholder: We know you work hard to build your business. We work together with your agent, THE COLE ORGANIZATION INC (918) 542-5480 to help protect the things you care about. Thank you for selecting us. Enclosed are your insurance documents consisting of: • Commercial Umbrella To find your limits of insurance and premium please refer to your Declarations page(s). Please refer to your policy for specific coverages. If you have any questions or changes that may affect your insurance needs, please contact your Agent at (918) 542-5480 Reminders • Verify that all information is correct • If you have any changes, please contact your Agent at (918) 542-5480 • In case of a claim, call your Agent or 1-844-325-2467 You Need To Know • CONTINUED ON NEXT PAGE You Need To Know - continued • NOTICE(S) TO POLICYHOLDER(S) The Important Notice(s) to Policyholder(s) provide a general explanation of changes in coverage to your policy. The Important Notice(s) to Policyholder(s) is not a part of your insurance policy and it does not alter policy provisions or conditions. Only the provisions of your policy determine the scope of your insurance protection. It is important that you read your policy carefully to determine your rights, duties and what is and is not covered. FORM NUMBER TITLE [blacked-out] Reporting A Commercial Claim 24 Hours A Day [blacked-out] Important Notice Regarding Changes To Your Umbrella Liability Policy - Please Review Carefully [blacked-out] Terrorism Insurance Premium Notice And Opportunity To Reject [blacked-out] U.S. Treasury Department's Office of Foreign Assets Control (OFAC) Advisory Notice to Policyholders [blacked-out] Important Policyholder Information Concerning Billing Practices [blacked-out] Liberty Mutual Group California Privacy Notice [blacked-out] Policyholder Notice - Company Contact Information • This policy will be direct billed. You may choose to combine any number of policies on one bill with your billing account. Please contact your agent for more information. REPORTING A COMMERCIAL CLAIM 24 HOURS A DAY Liberty Mutual Insurance claims professionals across the United States are ready to resolve your claim quickly and fairly, so you and your team can focus on your business. Our claims teams are specialized, experienced and dedicated to a high standard of service. We're Just a Call Away - One Phone Number to Report All Commercial Insurance Claims Reporting a new claim has never been easier. A Liberty Mutual customer service representative is available to you 24/7 at 1(844)325-2467 for reporting new property, auto, liability and workers' compensation claims. With contact centers strategically located throughout the country for continuity and accessibility, we're there when we're needed! Additional Resource for Workers' Compensation Customers In many states, employers are required by law to use state-specific workers compensation claims forms and posting notices. This type of information can be found in the Policyholders Toolkit section of our website along with other helpful resources such as: • Direct links to state workers compensation websites where you can find state-specific claim forms • Assistance finding local medical providers • First Fill pharmacy forms - part of our managed care pharmacy program committed to helping injured workers recover and return to work Our Policyholder Toolkit can be accessed at www.libertymutualgroup.com/toolkit. For all claims inquiries please call us at 1(844)325-2467 . IMPORTANT NOTICE REGARDING CHANGES TO YOUR UMBRELLA LIABILITY POLICY - PLEASE REVIEW CAREFULLY We take our responsibility to our customers seriously, and part of that responsibility is always keeping you informed. Recently, we introduced a new version of our Umbrella Liability Product with revisions to our base coverage form and numerous endorsements. Enclosed with your renewal package is the updated version of your policy. Your new policy reflects modernized, consistent contract language, reorganized form sections for improved readability, and additional various changes to reduce policy size, allowing us to provide the most efficient and greatest protection at an affordable price. New coverages and exclusions are introduced while some current coverages and exclusions are expanded or limited. Reviewing Your Coverage For information regarding this change, please review the summary of changes to your policy below. Please note that not all the endorsements and coverage forms indicated may apply to your specific policy. In addition, this notice does not reference every editorial change made to the endorsement or coverage form; it only reflects significant coverage reductions and/or clarifications. It should be noted that there may also be broadenings of coverage in your renewal policy. Please review the individual forms for the changes that may have resulted in a broadening of coverage. Only the countrywide versions of endorsements are referenced. State specific versions, where applicable, have been amended in the same manner as the countrywide version unless otherwise specified. We're Here to Help If you would like to more information on these changes or have any other questions about your policy, please contact your independent agent or broker listed on the Policy Declarations. The summary that follows is for information purposes only and does not provide coverage. Your policy forms, along with the Policy Declarations, provide complete details of your coverage. If the below summary conflicts with the applicable policy language, the policy language prevails. SUMMARY OF CHANGES TO YOUR BASE UMBRELLA POLICY The following is a summary of the changes we believe are most significant. The changes are listed in the order the coverages or provisions appear in your renewal policy. <table> <tr> <th>Previous Form Number</th> <th>Previous Form</th> <th>New Form Number</th> <th>New Form</th> </tr> <tr> <td></td> <td>Commercial Umbrella Coverage Form</td> <td></td> <td>Commercial Umbrella Coverage Form</td> </tr> </table> SECTION I - COVERAGES Reduction or Potential Reductions in Coverage • If your previous policy did not contain CU 88 30 07 14 General Amendatory, CU 88 31 05 09 Personal and Advertising Injury - Following Form or a state equivalent endorsement, Section I - Coverages has been updated to include a section that outlines the application of bodily injury, property damage and personal and advertising injury that may result in a reduction of coverage. • If your previous policy contained CU 88 30 07 14 General Amendatory, CU 88 31 05 09 Personal and Advertising Injury - Following Form or a state equivalent endorsement, the amendments to Section I. Coverage in these endorsements have now been added to your renewal policy coverage form CU 60 02 Commercial Umbrella Coverage Form. • A coverage territory definition now applies to bodily injury, property damage and personal and advertising injury: ● If your previous policy included CU 63 44 Foreign Liability - Following Form or a state equivalent endorsement, this endorsement has now been repurposed into this definition and that endorsement will no longer apply. ● If your previous policy did not include CU 63 44 Foreign Liability - Following Form, your renew policy no longer applies to occurrences happening anywhere and instead will apply to the coverage territory which is defined to include the US, including its territories and possessions, Puerto Rico and Canada and will also apply anywhere in the world, but only if that coverage is provided by underlying insurance. Coverage will not apply to anywhere that is subject to trade or other economic sanctions or embargo by the US. ● Personal and advertising injury must now take place in the coverage territory. This may result in a reduction in coverage. SECTION II - WHO IS AN INSURED Editorial Change ● This is a new section that has been added to your renewal policy. Your previous policy defined the term "insured". That definition has been removed and replaced with this new section. ● Your renewal policy now outlines how coverage applies to those who qualify as additional insureds when required by contract or agreement. This provision was previously located in Section III - Limits Of Insurance. ● Employees, leased workers and temporary workers are now defined in Section VII - Definitions. Reduction or Potential Reductions in Coverage ● Your previous policy included anyone as an insured who was included on underlying insurance. Your renewal policy has been updated to outline specific insureds and only additional insureds when they are included on the underlying insurance. For example, insured status is listed for trusts, entities other than a partnership, joint venture or limited liability company and volunteer workers, employees (other than your executive officers) and managers. This may result in a reduction of coverage if there are insureds included on your underlying policy that are not listed on this policy. ● Your renewal policy now outlines how coverage will apply to those who qualify as additional insureds when required by contract or agreement. If your previous policy contained the CU 88 39, this section has been moved from Section III - Limits of Liability to Section II - Who is an Insured. If your previous policy did not contain CU 88 39 07 14 Amendment of Definition of Insured, this may be a reduction in coverage as coverage provided to such person or organization will be the lesser of the amount agreed upon in the contract or agreement or the applicable limits of insurance for this policy. If the applicable limits of insurance agreed upon are wholly in the underlying insurance then this policy will not apply. Broadening of Coverage ● The requirement of being the sole owner as of the effective date of this policy has been removed. ● Who is an insured for liability arising out of the maintenance, ownership or use of an auto has been expanded to include any person or organization as an insured with regards to that liability as long as they qualify on underlying insurance. SECTION III - LIMITS OF INSURANCE Editorial Change ● Limits Of Insurance has moved from Section II. Limits Of Insurance to Section III - Limits Of Insurance. Reduction or Potential Reductions in Coverage ● Your previous policy did not apply the general aggregate to any underlying insurance to which no aggregate applied. Your renewal policy applies the general aggregate to all coverage except damages caused by an occurrence and resulting from the ownership, maintenance or use of a covered auto. This change may result in a reduction of coverage. • Your renewal policy no longer applies the general aggregate limit separately and in the same manner as the aggregate limits in the underlying insurance. However, if your policy contains endorsement CU 90 63, your aggregate will apply in this manner. • The each occurrence limit is most we will pay for all damages. Your previous policy outlined that the each occurrence limit was the most we will pay for bodily injury, property damage, or personal and advertising injury. This could be a potential reduction in coverage. • Non-cumulation of liability is now included in your renewal base policy contract. If your previous policy did not include CU 88 02 Non-Cumulation of Liability (Same Occurrence), there may be a reduction in coverage. If your policy did include CU 88 02, non-cumulation of liability now applies to one offense caused by personal and advertising injury, which may also result in a reduction of coverage. • The retained limit will not be reduced or exhausted by defense costs, loss adjustment expenses, supplementary payments or similar amounts that reduce or exhaust the policy limits of underlying insurance or other insurance. Your previous policy did not outline this restriction. • If applicable underlying insurance is not written concurrently with the policy period of your Umbrella policy, the retained limit of your Umbrella policy will only be reduced or exhausted by payments for bodily injury or property damage occurring during the Umbrella policy period or personal and advertising injury committed during the Umbrella policy period. If your policy did not have the CU 60 44 Unimpaired Aggregate Endorsement previously, there may be a reduction in coverage. Clarification of Coverage • Non-cumulation of liability no longer applies to insurance specifically written as excess of this policy. SECTION IV - DEFENSE Editorial Changes • Defense has moved from Section III. Defense to Section IV - Defense. Reduction or Potential Reductions In Coverage • We will pay for all costs taxed against the insured, however, your renewal policy clarifies that those costs do not include attorneys' fees and attorneys' expenses taxed against the insured. • Your renewal policy outlines that this policy will pay for actual loss of earnings up to $500 a day because of time off work. Your previous policy did not outline this specifically, including the dollar amount, which may result in a reduction of coverage. Clarifications of Coverage • Your renewal policy clarifies that we will use the counsel of our choice when we have the right and duty to defend you. • Your renewal policy includes additional clarification that we reserve the rights to settle the suit or claim within our limits. • We will reimburse you for our share of reasonable costs incurred when we are prevented by law or statute from performing the duty to defend and you agree to take up defense and investigation. Your previous policy did not explicitly outline this provision. SECTION V - EXCLUSIONS Editorial Changes • Exclusions has moved from Section IV. Exclusions to Section V - Exclusions. • Each exclusion now contains their own title and have been rearranged into alphabetical order. • The Nuclear Material, Hazard or Incident exclusion located at the bottom of your previous policy contract has been moved into the Exclusion section. The definitions in this previous provision have been added to Section VII - Definitions. • The definition of pollutants has been moved to Section VII - Definitions. • CU 63 44 Foreign Liability - Following Form no longer applies and instead a definition for coverage territory has been added. Reduction or Potential Reductions in Coverage • Aircraft If your previous policy did not include CU 89 21 Amendment of Aircraft Exclusion or a state equivalent endorsement, this exclusion has been amended to apply to any liability arising out of any aircraft owned, operated or rented or loaned to an insured. Your previous policy applied this exclusion to any aircraft hired without pilot or crew, by or on behalf of any insured. Your renewal policy's aircraft exclusion also applies even if the claim against the insured allege negligence or other wrongdoing. This may result in a reduction of coverage. If your previous policy did include CU 89 21 Amendment of Aircraft Exclusion or a state equivalent endorsement, the exclusion in your renewal policy has been updated to apply to any liability which may be a reduction in coverage. • Asbestos The exclusion in your previous policy has been updated to apply to any liability, loss, costs or expense allegedly arising out of asbestos. Paragraph b. now applies regardless if such activities are requested, ordered or mandated by any regulatory or governmental entity. Paragraph c. now applies regardless if such claim or suit is brought by or on behalf of any regulatory or governmental authority. • Auto Coverages If your previous policy did not include CU 61 06 Auto Liability - Following Form, CU 61 07 Auto Liability Exclusion or a state equivalent endorsement, your policy now includes an exclusion for liability arising out of the ownership, maintenance, use or entrustment of any auto. However, this exclusion does not apply to the extent underlying insurance provides such coverage. • Contractual Liability If your previous policy did not include CU 61 13 Contractual Liability - Following Form, CU 61 50 Contractors Limitation Endorsement or a state equivalent endorsement, your policy now includes an exclusion for any liability assumed by any insured under any contract or agreement. This may be a reduction in coverage if the exception of this exclusion does not apply. • Employment-Related Practices If your previous policy included CU 88 03 Employment-Related Practices Exclusion or a state equivalent state-specific employment-related practices exclusion, your renewal policy exclusion has been amended to remove coverage for any consequential liability, damage, loss, cost or expense arising out of employment-related practices, policies, acts or omissions. The CU 88 03 Employment-Related Practices Exclusion applied this exclusion specifically to spouse, child, parent, brother or sister and this change may result in a reduction of coverage. If your previous policy did not include the CU 88 03 Employment-Related Practices Exclusion, the following changes apply: This insurance no longer applies to employment-related practices, policies, acts or omissions which may result in a reduction in coverage. This insurance does not apply to any consequential liability, damage, loss, cost or expense resulting from the refusal to employ or promote a person; termination of a person's employment or employment-related practices, policies, acts or omissions. This exclusion applies whether the injury causing event occurs before employment, during employment or after employment of that person. These changes may result in a reduction in coverage. • Damage to Property • If your previous policy did not include CU 90 51 Damage to Property Amendment (Care, Custody and Control Personal Property), CU 90 52 Damage to Property Amendment or a state equivalent endorsement the following is now excluded for property damage by your renewal policy: • Property damage to property you own, rent or occupy clarifies that this exclusion includes any costs or expenses incurred by you, or any other person, organization or entity for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property. • Premises you sell, give away, or abandon, if the property damage arises out of any part of those premises. This exclusion does not apply if the premises are your work and were never occupied, rented or held for rental by you. • That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the property damage arises out of those operations. This exclusion does not apply to liability assumed under a sidetrack agreement. • That particular part of any property that must be restored, repaired, or replaced because your work was incorrectly performed on it. This exclusion does not apply to liability assumed under a sidetrack agreement or to property damage included in the products-completed operations hazard. • Fungi or Bacteria • If your previous policy did not include CU 63 80 Fungi or Bacteria Exclusion or a state equivalent endorsement, your renewal policy now includes an exclusion for fungi or bacteria which may result in a reduction of coverage. • Liquor Liability • If your previous policy did not include CU 61 25 Liquor Liability Exclusion, CU 61 26 Liquor Liability - Following Form or a state equivalent endorsement, your policy now includes an exclusion for liquor liability, however this exclusion only applies to the extent that underlying insurance does not include such exclusion. This exclusion also applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. This may result in a reduction of coverage. • Mobile Equipment • If your previous policy did not include CU 64 92 Mobile Equipment - Following Form or a state equivalent endorsement: • Your policy now includes an exclusion for mobile equipment. However, this exclusion does not apply to the extent that underlying insurance provides such coverage. • Your policy's definition has been updated to clarify that mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where such vehicles are licensed or principally garaged. This may result in a reduction of coverage. • If your previous policy included CU 64 92 Mobile Equipment - Following Form or a state equivalent endorsement, a definition of mobile equipment has been added to your policy specifying the types of mobile equipment defined by this term. This may result in a reduction of coverage. • Personal and Advertising Injury • If your previous policy did not include CU 88 30 07 14 General Amendatory, CU 88 31 05 09 Personal and Advertising Injury - Following Form or a state equivalent endorsement, Exclusions J. and K. have been combined, apply to the newly defined term personal and advertising injury and the following changes apply: ● Your renewal policy exclusion no longer references televised, videotaped or electronic publication of material. ● The exclusion for personal and advertising injury arising out of willful violation of a penal statute or ordinance has been updated to be a criminal act committed by or at the direction of the insured. ● The exclusions for advertising injury arising out of a breach of contract, failure of goods, products or services, and wrongful description of the price of goods, products or service applies to personal and advertising injury and not just advertising injury as it had on your previous policy. ● An exclusion has been added for personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. ● An exclusion has been added for personal and advertising injury arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. ● The exclusion included in Exclusion K. advertising injury committed by an insured whose business is advertising, broadcasting, publishing or telecasting now applies to personal and advertising injury. ● An exclusion has been added for personal and advertising injury committed by an insured whose business is designing or determining content of websites for others or an internet search, access, content or service provider. ● An exclusion has been added for personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which they exercise control. ● An exclusion has been added for personal and advertising injury arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag or other similar tactics to mislead another's potential customers. ● If your previous policy included CU 88 31 05 09 Personal and Advertising Injury - Following From or a state equivalent and this endorsement no longer applies, your renewal policy's personal and advertising injury exclusion is no longer follow form with the underlying and instead includes specific exclusions that apply to this definition within your renewal policy and should align with standard underlying language. This may result in a reduction of coverage if your underlying policy has differing language than your renewal Umbrella policy. ● Pollution ● The pollution exclusion in your renewal policy has been updated and the following changes apply: ● We have clarified that this exclusion applies anywhere at any time. ● Added in statutory and regulatory requirement as part of Paragraph b.(1). ● A clarification has been added that this exclusion applies regardless of coverage provided on underlying insurance. These changes may result in a reduction of coverage. ● Recording and Distribution of Material or Information in Violation of Law ● If your previous policy did not include CU 64 79 Recording and Distribution of Material or Information In Violation of Law Exclusion or a state equivalent endorsement, your policy now includes an exclusion for recording and distribution of material or information in violation of law. This may result in a reduction of coverage. • War • If your previous policy included CU 88 01 War Liability Exclusion or a state equivalent endorsement, your renewal policy exclusion has been amended to apply to any liability which may result in a reduction of coverage. • If your previous policy did not include CU 88 01 War Liability Exclusion, your renewal policy exclusion has been amended to apply to: • Any liability. • Warlike action by military force, usurped power or action taken by governmental authority in hindering or defending against insurrection, rebellion, revolution and usurped power. • The exclusion no longer only applies to liability assumed under a contract or agreement. These changes may result in a reduction of coverage. • Watercraft • If your previous policy included CU 89 19 Amendment of Watercraft Exclusion or a state equivalent endorsement, the exclusion in your renewal policy has been updated to apply to any liability which may be a reduction in coverage. • If your previous policy did not include CU 89 19 Amendment of Watercraft Exclusion or a state equivalent endorsement, this exclusion has been amended to apply to any liability arising out of any watercraft owned, operated or rented or loaned to an insured. Your previous policy applied this exclusion to any watercraft chartered without crew, by or on behalf of any insured. Your renewal policy's watercraft exclusion also applies even if the claim against the insured allege negligence or other wrongdoing. This may result in a reduction of coverage. Clarifications of Coverage • Aircraft • If your previous policy included CU 89 21 Amendment of Aircraft Exclusion, this endorsement has been added into your renewal policy coverage form CU 60 02 Commercial Umbrella Coverage Form and the endorsement will no longer apply. • Auto Coverages • Paragraph a. of this exclusion is clarified to apply to first-party auto physical damage, medical payments and personal injury protection. • If your previous policy included CU 61 06 Auto Liability - Following Form, this endorsement is now added into your renewal policy coverage form CU 60 02 Commercial Umbrella Coverage Form and this endorsement will no longer apply. • Damage to Property • If your previous policy included CU 90 51 Damage To Property Amendment (Care, Custody And Control Personal Property), this endorsement has been added into your renewal policy coverage form CU 60 02 Commercial Umbrella Coverage Form and the endorsement will no longer apply. • Employment-related Practices • If your previous policy included CU 88 03 Employment Related Practices Exclusion, this endorsement has been added into your renewal policy coverage form CU 60 02 Commercial Umbrella Coverage Form and the endorsement will no longer apply. • Fungi or Bacteria • If your previous policy included CU 63 80 Fungi or Bacteria Exclusion, this endorsement has been added into your renewal policy coverage form CU 60 02 Commercial Umbrella Coverage Form and the endorsement will no longer apply. - Liquor Liability • If your previous policy included CU 61 26 Liquor Liability - Following Form, this endorsement has been added into your renewal policy coverage form CU 60 02 Commercial Umbrella Coverage Form and the endorsement will no longer apply. - Mobile Equipment • If your previous policy included CU 64 92 Mobile Equipment - Following Form, this endorsement has been added into your renewal policy coverage form CU 60 02 Commercial Umbrella Coverage Form and the endorsement will no longer apply. - Recording and Distribution of Material or Information in Violation of Law • If your previous policy included CU 64 79 Recording and Distribution of Material or Information In Violation of Law Exclusion, this endorsement has been added into your renewal policy coverage form CU 60 02 Commercial Umbrella Coverage Form and the endorsement will no longer apply. - War • If your previous policy included CU 88 01 War Liability Exclusion, this endorsement has been added into your renewal policy coverage form CU 60 02 Commercial Umbrella Coverage Form and the endorsement will no longer apply. - Watercraft • If your previous policy included CU 89 19 Amendment of Watercraft Exclusion or a state equivalent endorsement, this endorsement has been added into your renewal policy coverage form CU 60 02 Commercial Umbrella Coverage Form and the endorsement will no longer apply. Broadening of Coverage - Auto Coverages • If your previous policy included CU 61 07 Auto Liability Exclusion or a state equivalent endorsement, your renewal policy may result in a broadening of coverage if applicable underlying insurance provides coverage for any liability arising out of the ownership, maintenance, use or entrustment to others of any auto. - Contractual Liability • If your previous policy included CU 61 13 Contractual Liability - Following Form, CU 61 50 Contractors Limitation Endorsement or a state equivalent endorsement, the new exclusion on your renewal policy includes exceptions to the contractual liability exclusion language previously applied via those endorsements and outline that reasonable attorney's fees and necessary litigation expenses may be deemed to be damages in some cases and these changes may result in a broadening of coverage. - Damage to Property • If your previous policy included CU 90 52 Damage to Property Amendment and this endorsement no longer applies, your renewal policy’s damage to property exclusion has been amended from applying to all property to only personal property in the care, custody and control and results in an expansion of coverage. - Liquor Liability • If your previous policy included CU 61 25 Liquor Liability Exclusion or a state equivalent endorsement, your renewal policy includes a liquor exclusion, however, this exclusion only applies to the extent that coverage is excluded on the underlying insurance. This may result in a broadening of coverage if underlying insurance does not include a state equivalent exclusion. SECTION VI - CONDITIONS Editorial Changes • Changes • We have removed the statement that notice to any agent or knowledge possessed by any agent or any other person will not affect a waiver or change any part of this policy. Reduction or Potential Reductions in Coverage • Concealment, Misrepresentation or Fraud • A new concealment, misrepresentation or fraud condition has been added to your policy. We may void this policy or deny a claim at any time if, before or after a loss, you concealed or misrepresented any material fact or circumstance; made incorrect statements or representations to us with regard to any material fact or circumstance or engaged in fraudulent conduct at the time of application or any time during the policy period. This may result in a reduction in coverage. • Economic or Trade Sanctions • If your previous policy did not include CU 64 87 Economic or Trade Sanctions Condition Endorsement or a state equivalent endorsement, your policy now includes a condition for economic or trade sanctions, making coverage for any claim or suit in violation of US economic or trade sanctions to be null and void. This may result in a reduction of coverage. • Maintenance of Underlying Insurance • If your previous policy did not include CU 88 30 07 14 General Amendatory, CU 88 31 05 09 Personal and Advertising Injury - Following Form or a state equivalent endorsement, your policy's maintenance of underlying insurance condition has been updated to require the total applicable limits of all underlying insurance not decrease except for any reduction or exhaustion of aggregate limits by payment of judgments or settlements to which this policy applies. This may result in a reduction of coverage. Clarifications of Coverage • Bankruptcy or Insolvency • We have added a clarification to the bankruptcy or insolvency clause to state that our insurance will apply as if the underlying insurance were in full effect. • Cancellation • Proof of mailing of the notice will be sufficient proof of notice under this section. Note that a state specific may amend this section. • Economic or Trade Sanctions • If your previous policy included CU 64 87 Economic or Trade Sanctions Condition Endorsement, this endorsement has been added into your renewal policy coverage form CU 60 02 Commercial Umbrella Coverage Form and the endorsement will no longer apply. • Inspection • We have added a clarification that the inspection condition extends to third parties who are working on our behalf. • Legal Actions Against Us • Clarification has been added that we will not be liable for damages that are not payable under the terms of this policy or are in excess of the applicable limit of insurance provided by this policy. • Maintenance of Underlying Insurance • If your previous policy included CU 88 30 07 14 General Amendatory, CU 88 31 05 09 Personal and Advertising Injury - Following Form or a state equivalent endorsement, the requirement to maintain limits of underlying policies has now been added into your renewal policy coverage form CU 60 02 Commercial Umbrella Coverage Form and that portion of the endorsement will no longer apply. • Separation of Insureds • This condition now states that all exclusions will still apply to all insureds, even if the injury or damages are caused by one or more insureds. Broadening of Coverage • Appeals • We will be liable for all court costs, expenses incurred and interest incidental to the appeal in addition to the limits of insurance of this policy. SECTION VII - DEFINITIONS New Definitions • "By-product material", previously located in the Nuclear Energy Liability Exclusion. • "Coverage territory". See Section I - Coverages above for details. • "Employee", this was previous addressed in the definition of "insured" on your previous policy. • "Executive officer" • "Fungi" • "Leased worker" • "Named insured", this was previously included in Paragraph 1. of the definition of "insured" which has been removed. • Definitions previously included in the Nuclear Liability Exclusion have been added to the definitions section: "nuclear facility"; "nuclear material"; "nuclear reactor"; "nuclear waste", "source material", "special nuclear material", and "spent fuel". • "Other insurance" • "Policy period" • "Pollutants", this was previous included in the Exclusion L. on your previous policy. • "Retained limit", this was previously included in the Limits Of Insurance section. • "Spouse" • "Temporary worker", this was previously addressed in the definition of "insured" on your previous policy. • "Underlying insurer" • "Volunteer worker", this was previous addressed in the definition of "insured" on your previous policy. Definition Changes • "Advertising injury" has been removed and incorporated into the "personal and advertising injury" definition. ● "Auto": ● If your previous policy included CU 61 06 Auto Liability - Following Form or a state equivalent endorsement, the definition of auto has been amended to specify land motor vehicle, trailer or semitrailer designed for travel on public roads, including any machinery or equipment and any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. This may be a reduction in coverage if this definition differs from underlying insurance. ● If your policy did not include CU 61 06 Auto Liability - Following Form, any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged has been added to the definition of auto. ● "Bodily injury" has been updated to include death. ● The definition for "claim" has been removed. ● If your previous policy included CU 88 30 07 14 General Amendatory, CU 88 31 05 09 Personal and Advertising Injury - Following Form or a state equivalent endorsement, there is no longer a definition for "consequential bodily injury" included in your renewal policy. ● If your previous policy included CU 64 82 Amendment - Electronic Data or a state equivalent endorsement, the definition for "electronic data" has been moved to the property damage definition and this endorsement no longer applies. ● If your previous policy included CU 63 80 Fungi or Bacteria Exclusion or a state equivalent endorsement, the definition for "fungi" from this endorsement has been built into your renewal policy coverage form CU 60 02 Commercial Umbrella Coverage Form and this endorsement will no longer apply. ● The definition of "insured" has been removed. Please see Section II - Who Is An Insured above for details. ● The definition of "insured contract" has been amended to include the following: ● A contract for lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; ● A sidetrack agreement; ● Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad. ● An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; ● An elevator maintenance agreement; ● That part of any contract or agreement entered into, as part of your business, pertaining to the rental or lease, by you or any of your "employees", of any "auto". However, such contract or agreement shall not be considered an "insured contract" to the extent that it obligates you or any of your "employees" to pay for "property damage" to any "auto" rented or leased by you or any of your "employees"; or ● Paragraphs 11.f. and 11.g. are outlines to not include specific parts of any contract or agreement. Please see your contract for details. ● If your previous policy did not include CU 64 92 Mobile Equipment - Following Form, your policy's "mobile equipment" definition has been updated. See Section V - Exclusions above for details. ● The definition of "named insured" has resulted in the following changes: Potential broadenings of coverage - • Any organization in which you maintain ownership or majority interest is a named insured. Your previous policy only provided for a company of which you own more than 50%. • Your renewal policy extends coverage to qualifying newly acquired or formed organization until the 180th day from the date you acquire or form the organization or the end of the policy period, whichever is earlier. Your previous policy extended for 90 days. Potential reductions of coverage - • Your renewal policy requires that an organization which you own or in which you have a majority interest be made known to us by the effective date of this policy and also included as an insured on underlying insurance. The coverage provided on your renewal contract for this organization will be no broader than that provided by underlying insurance. • Coverage for a qualifying newly acquired or formed organization will only apply if there is not similar insurance available to that organization. Your previous policy did not have this requirement. • The definition of "occurrence" has resulted in the following changes: • If your policy did not include CU 88 30 07 14 General Amendatory, CU 88 31 05 09 Personal and Advertising Injury - Following Form or a state equivalent endorsement, the definition of "occurrence" has been updated to only apply to bodily injury and property damage and a separate definition for offense has been created for personal and advertising injury. • If your policy included CU 88 30 07 14 General Amendatory, CU 88 31 05 09 Personal and Advertising Injury - Following Form or a state equivalent endorsement, the change to the definition of "occurrence" within that endorsement is now included in your renewal policy coverage form CU 60 02 Commercial Umbrella Coverage Form and that portion of that endorsement will no longer apply. • All such exposure to substantially the same general harmful conditions shall be considered arising out of one occurrence has been clarified within the policy language which may result in a reduction of coverage. • The definition of "offense" has been clarified to outline that one offense will be considered regardless of the frequency or repetition thereof, the number or kind of media used or the number of claimants. • If your policy included CU 88 30 07 14 General Amendatory, CU 88 31 05 09 Personal and Advertising Injury - Following Form or a state equivalent, the definition of "personal and advertising injury" included in this endorsement has been built into your contract and that portion of the endorsement no longer applies. • If your policy did not include CU 88 30 07 14 General Amendatory, CU 88 31 05 09 Personal and Advertising Injury - Following Form or a state equivalent endorsement, the following changes apply: • Personal injury and advertising injury is now combined under one personal and advertising injury definition. • Televised, videotaped or electronic publication has been removed from multiple parts of this definition. • Infringing upon another's copyright, trade dress or slogan in your advertisement has been updated to remove title from the infringement part of the definition. • The use of another's advertising idea in your advertisement is now included in the definition. • The definition of "products completed operations hazard" has been amended to not include bodily injury or property damage arising out of the transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the loading and unloading of that vehicle by any insured. This may result in a reduction of coverage. ● If your previous policy included CU 64 82 Amendment - Electronic Data, this endorsement no longer applies and electronic data meaning has been added to the definition of "property damage". ● If your previous policy did not include CU 64 82 Amendment - Electronic Data, the definition of "property damage" no longer considers electronic data as tangible property and a meaning for electronic data has been added to property damage. This may result in a reduction of coverage. ● The definition of "suit" has been updated to include any liability to which this insurance applies. ● The definition for "underlying insurance" now stipulates that if the policy shown in the schedule of underlying insurance has limits that are greater than what is shown on this policies schedule, this policy will apply in excess of that greater limit and if the limit is lower than what's shown on this policy's schedule, this policy will apply in excess of the amount shown in this policy's schedule. SUMMARY OF CHANGES TO GENERAL UMBRELLA ENDORSEMENTS The following endorsements have been revised. Listed below are the changes we believe to be the most significant: <table> <tr> <th>Previous Endorsement Number</th> <th>Previous Endorsement</th> <th>New Endorsement Number</th> <th>New Endorsement</th> </tr> <tr> <td>CG 00-15-84-00</td> <td>Amendment Of General Aggregate Limit (Policy Aggregate)</td> <td>CG 00-15-84-21</td> <td>Amendment Of General Aggregate Limit (Policy Aggregate)</td> </tr> <tr> <td></td> <td>Amendment Of General Aggregate Limit</td> <td></td> <td>Amendment Of General Aggregate Limit</td> </tr> </table> ● A non-cumulation condition has been added which indicates that if one occurrence or offense takes place in multiple previous/future policy periods of policies issued to you by us, the limit of insurance for coverage under your current policy will be reduced by payments we make for that same occurrence or offense under those previous/future policies. This results in a reduction of coverage as your previous endorsement did not contain this limitation. <table> <tr> <th>Previous Endorsement Number</th> <th>Previous Endorsement</th> <th>New Endorsement Number</th> <th>New Endorsement</th> </tr> <tr> <td></td> <td>Directors and Officers Liability - Following Form (Employment Related Practices Included)*</td> <td></td> <td>Directors and Officers - Following Form</td> </tr> <tr> <td></td> <td>Directors and Officers Liability Following Form (Employment Related Practices Excluded)*</td> <td></td> <td>Directors and Officers - Following Form</td> </tr> <tr> <td>CNU 90 15 10 21</td> <td>Directors and Officers Liability - Following Form*</td> <td>CNU 90 15 10 21</td> <td>Directors and Officers - Following Form</td> </tr> </table> *There may be state specific versions of the endorsements listed above. The changes summarized below also apply to the state specific version of the endorsements listed above. Clarifications of Coverage ● We replaced the employment-related practices exclusionary language with a reference to Exclusion 10. Employment-related Practices and clarify that it applies regardless of any coverage provided by underlying insurance. • The definition of "insured" has been deleted and we instead added a Who Is an Insured section for formatting consistency and clarification. • We added a new section outlining the insured's duties in the event of an occurrence, offense, claim, or suit has been added to specifically apply to the endorsement. • We added a clarification that the Separation of Insureds condition will not increase our limit of liability for any one wrongful act and has no effect on the applicability of exclusions that exclude coverage for all insureds for injury or damage arising from the specified conduct of any insured. • We added a definition of "loss" to clarify what the meaning of that term includes. Reduction or Potential Reductions In Coverage • The new endorsement newly applies this exclusion even if the claims against the insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured. The previous endorsement did not expressly apply the exclusion in this manner. • We updated the coverage section of the endorsements to reflect and align with changes to the base coverage form. These changes include the addition of the following provisions, which were not included in your previous endorsement(s): • A provision has been added to indicate that amounts we may pay for wrongful acts are limited by the Limits Of Insurance section and that no other obligation or liability to pay sums or perform services is covered unless provided under the defense section of the endorsement(s). • A provision has been added to indicate that otherwise covered wrongful acts that may be covered by the endorsement(s) must take place in the coverage territory for coverage to apply. • A provision has been added to indicate that where an insured or any authorized representative of the insured knew about any wrongful act prior to the policy period, coverage will not apply. • A provision has been added to clarify when a wrongful act will be deemed to have been known for the purposes of determining coverage. • The Limits Of Insurance section in the endorsement(s) has been revised to add the following conditions which were not included in your previous endorsement: • A non-cumulation condition has been added which indicates that if a wrongful act takes place in multiple previous/future policy periods of policies issued to you by us, the limit of insurance for coverage under your current policy will be reduced by payments we make for that same wrongful act under those previous/future policies. • A provision was added to outline how this coverage will apply in the situation where the underlying insurance is non-concurrent with the policy period of this policy and the retained limit with respect to this coverage will only be reduced or exhausted by payments for the applicable negligent act, error or omission that occur or claims that are made during the policy period or Extended Reporting Period of this policy. • We updated the Defense section of the endorsement(s) to clarify our rights and duties with respect to defending claims or suits; including clarifying that we have no duty to defend any claim or suit that this insurance does not apply or that any other insurer has a right or duty to defend. This was not expressly provided in your previous endorsements. <table> <tr> <th>Previous Endorsement Number</th> <th>Previous Endorsement</th> <th>New Endorsement Number</th> <th>New Endorsement</th> </tr> <tr> <td>CU 60 19 06 97</td> <td>Printers Errors And Omissions - Following Form</td> <td>CU 60 19 04 21</td> <td>Printers Or Publishers Errors And Omissions - Following Form</td> </tr> <tr> <td>CU 60 57 06 97</td> <td>Printers Errors And Omissions Exclusion</td> <td>CU 60 57 04 21</td> <td>Exclusion - Printers And Publishers Errors And Omissions</td> </tr> </table> • These endorsements have been revised to exclude the providing of, or failing to provide both printing or publishing services, which results in a reduction of coverage as your previous endorsement did not expressly exclude publishing services. <table> <tr> <th>Previous Endorsement Number</th> <th>Previous Endorsement</th> <th>New Endorsement Number</th> <th>New Endorsement</th> </tr> <tr> <td>CU 60 27 06 97</td> <td>Athletic Participants Exclusion</td> <td>CU 60 27 04 21</td> <td>Exclusion - Athletic Or Sports Participants</td> </tr> </table> • If you're previous policy did not include CU 60 27 or an equivalent endorsement and your current policy now includes this endorsement, this represents a reduction in coverage as liability arising out of athletic or sports participants is now excluded. <table> <tr> <th>Previous Endorsement Number</th> <th>Previous Endorsement</th> <th>New Endorsement Number</th> <th>New Endorsement</th> </tr> <tr> <td>CU 60 28 01 16</td> <td>Sexual Misconduct Or Abuse Exclusion</td> <td>CU 60 28 04 21</td> <td>Exclusion - Sexual Misconduct Or Abusive Acts</td> </tr> </table> • In most parts of the endorsement, the defined term "abusive acts" replaces the general term "abuse" for consistency and clarity. The term "abusive acts" is also further defined to clarify what acts fall under the definition. • Your previous endorsement excluded coverage for sexual misconduct and abuse. Your new endorsement also excludes these exposures but now also expressly excludes any additional acts or omissions in connection with the sexual misconduct or abuse as well. • Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services in connection with sexual misconduct or abusive acts is now expressly excluded. Your previous endorsement did not expressly exclude this exposure. • Oral or written publication of material that violates a person's right of privacy in connection with sexual misconduct or abusive acts is now expressly excluded. Your previous endorsement did not expressly exclude this exposure. • The definition of the term "sexual misconduct" is revised to better clarify what the terms includes. <table> <tr> <th>Previous Endorsement Number</th> <th>Previous Endorsement</th> <th>New Endorsement Number</th> <th>New Endorsement</th> </tr> <tr> <td>CU 60 29 07 14</td> <td>Professional Liability - Following Form</td> <td>CU 88 05 04 21</td> <td>Professional Liability - Following Form</td> </tr> </table> • If your previous policy included CU 60 29, your renewal policy will apply CU 88 05 in replacement of that expired endorsement. The new following form continues to exclude any liability arising out of the rendering of or failure to render any professional services. Professional services is clarified to include any service arising out of a vocation or occupation involving specialized knowledge or skills, and the skills are mental opposed to only manual and outlines specific types of services considered, but not limited. This exclusion does not apply to the extent that coverage is provided by underlying insurance. These changes may result in a reduction of coverage. <table> <tr> <th>Previous Endorsement Number</th> <th>Previous Endorsement</th> <th>New Endorsement Number</th> <th>New Endorsement</th> </tr> <tr> <td>CU 60 60 07 14</td> <td>Telecommunication Equipment or Service Providers Errors and Omissions Exclusion Omissions</td> <td>CU 60 60 04 21</td> <td>Exclusion - Telecommunication Equipment Or Service Providers Errors And</td> </tr> </table> • If your previous policy did not include CU 60 60 or a state equivalent endorsement and your current policy now includes this endorsement, this represents a reduction in coverage as any liability arising out of errors and omissions as a telecommunication equipment or service provider is now excluded. <table> <tr> <th>Previous Endorsement Number</th> <th>Previous Endorsement</th> <th>New Endorsement Number</th> <th>New Endorsement</th> </tr> <tr> <td>CU 60 64 07 14</td> <td>Contractors Limitation Endorsement - Wrap Ups</td> <td>CU 60 64 04 21</td> <td>Contractors Limitation Endorsement - Wrap Ups</td> </tr> <tr> <td>CU 61 50 10 18</td> <td>Contractors Limitation</td> <td>CU 61 50 04 21</td> <td>Contractors Limitation</td> </tr> </table> Clarifications of Coverage • Insured contract is no longer referenced in this exclusion and instead insured contract will be addressed in the renewal policy CU 60 02 Commercial Umbrella Coverage Form. • The collapse hazard, explosion hazard and underground property damage exclusion has been amended to explicitly lay out those terms. The terms collapse hazard, explosion hazard, structural property damage, underground property damage hazard and underground property damage are no longer defined within this endorsement. Reduction or Potential Reductions in Coverage • If your previous policy included CU 61 50 Contractors Limitation or a state equivalent: • Exclusion F., is now Exclusion 7. on your renewal policy, and Exclusion G., is now Exclusion 8. on your renewal policy, are no longer deleted and they are not added back on a follow form basis through this endorsement. This may result in a reduction of coverage. • The exclusion property damage to property leased or rented to, occupied or used by or in the care custody or control of any insured or as to which any insured is for any purpose of exercising physical control has been removed and no longer applies in your renewal policy only to the extent that it is excluded on underlying insurance. This may result in a reduction of coverage. • If your previous policy included CU 60 64 Contractors Limitation Endorsement - Wrap Ups or a state equivalent, exclusion property damage to property leased or rented to, occupied or used by or in the care custody or control of any insured or as to which any insured is for any purpose of exercising physical control has been removed and the exclusionary language included on your renewal CU 60 02 Commercial Umbrella Coverage Form for damage to property will apply. <table> <tr> <th>Previous Endorsement Number</th> <th>Previous Endorsement</th> <th>New Endorsement Number</th> <th>New Endorsement</th> </tr> <tr> <td>CU 60 81 07 14</td> <td>Specified Professional Liability Exclusion</td> <td>CU 60 81 04 21</td> <td>Exclusion - Specified Professional Liability</td> </tr> </table> • Language has been added to the exclusion to clarify that professional services are excluded whether they are performed by you or performed by someone other than you, but on your behalf. Your previous endorsement did not expressly exclude professional services performed by someone other than you, but on your behalf, which may result in a reduction of coverage. <table> <tr> <th>Previous Endorsement Number</th> <th>Previous Endorsement</th> <th>New Endorsement Number</th> <th>New Endorsement</th> </tr> <tr> <td>CU 60 89 10 98</td> <td>Corporal Punishment Exclusion</td> <td>CU 60 89 04 21</td> <td>Exclusion - Corporal Punishment</td> </tr> </table> • If your previous policy did not include CU 60 89 or an equivalent endorsement and your new policy now includes this endorsement, this represents a reduction in coverage as corporal punishment is now expressly excluded and was not expressly excluded on your previous policy. <table> <tr> <th>Previous Endorsement Number</th> <th>Previous Endorsement</th> <th>New Endorsement Number</th> <th>New Endorsement</th> </tr> <tr> <td>CU 61 07 01 13</td> <td>Auto Liability Exclusion</td> <td>CU 61 07 04 21 or CU 61 07 10 21</td> <td>Exclusion - Auto Liability</td> </tr> </table> - This form has been updated to clarify that liability is excluded for damages arising out of any first party auto physical damages coverage, uninsured/underinsured motorist coverage, personal injury coverage, or any similar law, regulation, or ordinance. While this is a clarification of coverage, it may result in a reduction in coverage where prior forms may have been interpreted to include coverage for these types of auto coverages. <table> <tr> <th>Previous Endorsement Number</th> <th>Previous Endorsement</th> <th>New Endorsement Number</th> <th>New Endorsement</th> </tr> <tr> <td>CU 61 15 07 14</td> <td>Engineers, Architects or Surveyors Professional Liability Exclusion</td> <td>CU 61 15 04 21</td> <td>Exclusion - Engineers, Architects Or Surveyors Professional Liability</td> </tr> </table> - If your previous policy did not include CU 61 15 or a state equivalent endorsement and your current policy now includes this endorsement, this represents a reduction in coverage as any liability arising out of professional services as an engineer, architect or surveyor is now excluded <table> <tr> <th>Previous Endorsement Number</th> <th>Previous Endorsement</th> <th>New Endorsement Number</th> <th>New Endorsement</th> </tr> <tr> <td>CU 61 18 07 14</td> <td>Exclusion of Insurance Agents' And Brokers' Errors and Omissions</td> <td>CU 61 18 04 21</td> <td>Exclusion - Insurance And Related Operations</td> </tr> </table> - This endorsement is revised to exclude all insurance and related operations resulting in a reduction in coverage as your previous policy only excluded liability related to certain insurance operations. <table> <tr> <th>Previous Endorsement Number</th> <th>Previous Endorsement</th> <th>New Endorsement Number</th> <th>New Endorsement</th> </tr> <tr> <td>CU 61 19 07 14</td> <td>Insurance Company As Named Insured Limitation</td> <td>CU 61 19 04 21</td> <td>Exclusion - Insurance Company As Named Insured Limitation</td> </tr> </table> - Your previous endorsement excluded liability arising out of any obligation while acting in an insurer capacity. Your new endorsement also excludes this exposure but in addition now also expressly excludes the failure to discharge, or the improper discharge, of any obligation or duty, contractual or otherwise, when acting in an insurer capacity. This may result in reductions of coverage. - An employee benefit plan is added as a type of insurance for which liability is excluded under this endorsement, which may result in a reduction in coverage. - Liability is now excluded for the management or administration of any insolvency, guarantee fund, or organization or association, which may result in a reduction of coverage. <table> <tr> <th>Previous Endorsement Number</th> <th>Previous Endorsement</th> <th>New Endorsement Number</th> <th>New Endorsement</th> </tr> <tr> <td>CU 61 35 07 14</td> <td>Professional Liability Exclusion</td> <td>CU 88 04 04 21</td> <td>Exclusion - Professional Liability</td> </tr> </table> • If your previous policy included CU 61 35, your renewal policy will apply CU 88 04 in replacement of that expired endorsement. The new exclusion includes added clarification that the professional services excluded includes any service arising out of a vocation or occupation involving specialized knowledge or skills, and the skills are mental as opposed to manual. The exclusion also lists specific services that are included but not limited to what would be considered professional services. These changes may result in a reduction of coverage. <table> <tr> <th>Previous Endorsement Number</th> <th>Previous Endorsement</th> <th>New Endorsement Number</th> <th>New Endorsement</th> </tr> <tr> <td>CU 61 37 07 14</td> <td>Real Estate Agents and Brokers Errors and Omissions Exclusion and Limitation</td> <td>CU 61 37 04 21</td> <td>Exclusion - Real Estate Agents And Brokers Errors And Omissions</td> </tr> </table> • This endorsement is revised to list specific examples of the types of liability that are excluded, including errors and omissions and acts performed in a fiduciary or representative capacity. While this change is a reinforcement of the exclusion, it may result in a reduction in coverage. <table> <tr> <th>Previous Endorsement Number</th> <th>Previous Endorsement</th> <th>New Endorsement Number</th> <th>New Endorsement</th> </tr> <tr> <td>CU 61 40 06 97</td> <td>Seed Merchants</td> <td>CU 61 40 04 21</td> <td>Exclusion - Seed Merchants</td> </tr> </table> • If your previous policy did not include CU 61 40 or an equivalent endorsement and your new policy now includes this endorsement, this represents a reduction in coverage as liability arising out of operations performed as a seed merchants is now excluded. Note that the reduction of coverage applies only to the extent that you provide services as a seed merchant. <table> <tr> <th>Previous Endorsement Number</th> <th>Previous Endorsement</th> <th>New Endorsement Number</th> <th>New Endorsement</th> </tr> <tr> <td>CU 61 47 01 13</td> <td>Watercraft Liability</td> <td>CU 61 47 04 21<br>Exclusion</td> <td>Exclusion - Watercraft Liability</td> </tr> </table> • This endorsement is revised to no longer include coverage for watercraft while ashore on a premises you own or rent, which is a reduction in coverage as your expiring endorsement included this coverage. <table> <tr> <th>Previous Endorsement Number</th> <th>Previous Endorsement</th> <th>New Endorsement Number</th> <th>New Endorsement</th> </tr> <tr> <td>CU 61 51 06 97</td> <td>Financial Institutions Limitation</td> <td>CU 61 51 04 21</td> <td>Exclusion - Financial Institutions - Operating Trusts (With Limited Exception For Damage To Property Held In Your Care, Custody, Or Control)</td> </tr> <tr> <td>CU 61 52 06 97</td> <td>Financial Institutions-Operating Trusts Exclusion</td> <td>CU 61 52 04 21</td> <td>Exclusion - Financial Institutions - Operating Trusts</td> </tr> </table> • Cryptocurrency is added as an excluded financial instrument of which losses are excluded for, which is a reduction in coverage. <table> <tr> <th>Previous Endorsement Number</th> <th>Previous Endorsement</th> <th>New Endorsement Number</th> <th>New Endorsement</th> </tr> <tr> <td>CU 61 53 06 97</td> <td>Employee Benefit Liability - Following Form</td> <td>CU 61 53 04 21</td> <td>Employee Benefit Liability - Following Form</td> </tr> </table> *There may be state specific versions of the endorsements listed above. The changes summarized below also apply to the state specific version of the forms listed above. Clarifications of Coverage • We added a new section outlining an insured’s duties in the event of an occurrence, offense, claim, or suit to specifically apply to the endorsement. • We clarified that the Separation of Insureds condition will not increase our limit of liability for any one wrongful act and does not impact the applicability of exclusions that exclude coverage for all insureds for injury or damage arising from the specified conduct of any insured. • We added definitions for administration, cafeteria plans, claim, employee benefit program that apply to the new endorsement. • We replaced the definition of employee to now include a person actively employed, formerly employed, on leave of absence or disabled or retired. Reduction or Potential Reductions in Coverage • The Coverage section of the endorsements has been updated to reflect and align with changes to the base coverage form. These changes include the addition of the following provisions, which were not included in your previous endorsement(s): • A provision has been added to indicate that amounts we may pay for a negligent act, error or omission in the administration of the insured's employee benefit program. • A provision has been added to indicate that the applicable negligent act, error or omission must take place in the coverage territory, did not take place before the Retroactive Date and after the end of the policy period, and the applicable claim was first made against the insured in accordance with the Paragraph 3. and the Extended Reporting Period of this endorsement for coverage to apply. • A provision has been added to clarify when the applicable act, error or omission will be deemed to have been known for the purposes of determining coverage. • The Limits Of Insurance section in the endorsement(s) has been revised to add the following conditions which were not included in your previous endorsement: • The each occurrence limit is the most we will pay for the sum of all damages because of the applicable negligent act, error or omission. • A provision was added to outline how this coverage will apply in the situation where the underlying insurance is non- concurrent with the policy period of this policy and the retained limit with respect to this coverage will only be reduced or exhausted by payments for the applicable negligent act, error or omission that occur or claims that are made during the policy period or Extended Reporting Period of this policy. • The Conditions section has been amended to adjust the following policy language which were not included on your previous endorsements: • Maintenance of underlying conditions have been outlined that stipulate that if the underlying insurance is cancelled or no longer in effect, this endorsement will also be cancelled or no longer in effect, effective the same date and time as the cancellation of the underlying insurance. • The new endorsement now applies on a claims-made basis, including an Extended Reporting Period outlined in your endorsement. The previous endorsement applied on an occurrence basis. This change may result in a reduction in coverage. <table> <tr> <th>Previous Endorsement Number</th> <th>Previous Endorsement</th> <th>New Endorsement Number</th> <th>New Endorsement</th> </tr> <tr> <td>CU 61 55 07 14</td> <td>Municipalities Limitation Endorsement</td> <td>CU 61 55 04 21</td> <td>Municipalities Limitation Endorsement</td> </tr> </table> Clarifications of Coverage • The collapse hazard, explosion hazard and underground property damage exclusion has been amended to explicitly lay out those terms. The terms collapse hazard, explosion hazard, structural property damage, underground property damage hazard and underground property damage are no longer defined within this form. Reduction or Potential Reductions in Coverage • The exclusion for failure to supply gas, oil, water, electricity, steam or biofuel applies regardless of whether such failure or inability is the result of the inadequacy of the insured to procure, produce, process or transmit sufficient gas, oil, water, electricity, steam or biofuel to meet the demand. Your previous endorsement applies this exclusion only if such failure resulted in that inadequacy. This may result in a reduction of coverage. • Personal and advertising is excluded except to the extent that underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. Your previous policy only excluded liability imposed by law or assumed by any insured under an insured contract because of personal and advertising injury. This may result in a reduction of coverage. • The property damage exclusionary language has been updated to align with your renewal policy exclusion. This exclusion continues to only apply to the extent that coverage is excluded on an underlying policy when this endorsement is applied. This may result in a reduction of coverage. <table> <tr> <th>Previous Endorsement Number</th> <th>Previous Endorsement</th> <th>New Endorsement Number</th> <th>New Endorsement</th> </tr> <tr> <td>CU 62 01 01 17</td> <td>Missouri Changes - Pollution Definition</td> <td>CU 91 53 04 21</td> <td>Missouri Changes - Pollution Definition</td> </tr> </table> • Additional language has been added to the endorsement to clarify that the pollution exclusion applies whether or not any irritant or contaminant is your product or products used by you, and/or is an integral part of or incidental to your business or operations. This change may result in a reduction of coverage. <table> <tr> <th>Previous Endorsement Number</th> <th>Previous Endorsement</th> <th>New Endorsement Number</th> <th>New Endorsement</th> </tr> <tr> <td>CU 62 84 06 97</td> <td>Injury to Volunteer Firefighters and Police Exclusion</td> <td>CU 62 84 04 21</td> <td>Exclusion - Injury To Volunteer Firefighters Or Police</td> </tr> </table> • If your previous policy did not include CU 62 84 or a state equivalent endorsement and your current policy now includes this endorsement, this represents a reduction in coverage as any liability for injuries to volunteer firefighters or police is now excluded <table> <tr> <th>Previous Endorsement Number</th> <th>Previous Endorsement</th> <th>New Endorsement Number</th> <th>New Endorsement</th> </tr> <tr> <td>CU 63 33 06 97</td> <td>Exclusion - Liability Arising Out Of Lead</td> <td>CU 63 33 04 21</td> <td>Exclusion - Liability Arising Out Of Lead</td> </tr> </table> • Your previous endorsement generally excluded any liability arising out of lead. Your new endorsement also excludes liability arising out of lead however your new endorsement has been revised to also expressly exclude any liability arising out of or in any way related to the mining, processing, manufacture, storage, distribution, sale, installation, removal, disposal, handling, use or existence of, or contact with lead, which may be a reduction in coverage. • Additionally, language is added to clarify that the exclusion applies to the following: • Statutory or regulatory requirements related to lead; • Abatement of lead; and • Responding to the presence of lead. <table> <tr> <th>Previous Endorsement Number</th> <th>Previous Endorsement</th> <th>New Endorsement Number</th> <th>New Endorsement</th> </tr> <tr> <td>CU 63 88 06 97</td> <td>Directors and Officers Liability Exclusion</td> <td>CU 63 88 04 21</td> <td>Exclusion - Directors And Officers Liability</td> </tr> </table> • New language is added to reaffirm that the exclusion applies even if a claim against the insured alleges negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured. This change may result in a coverage reduction in jurisdictions where courts have previously held that these actions are generally covered under liability policies. <table> <tr> <th>Previous Endorsement Number</th> <th>Previous Endorsement</th> <th>New Endorsement Number</th> <th>New Endorsement</th> </tr> <tr> <td>CU 64 00 12 04</td> <td>Exterior Insulation and Finish System - Exclusion</td> <td>CU 64 00 04 21</td> <td>Exclusion - Exterior Insulation And Finish Systems</td> </tr> </table> • If your previous policy did not include CU 64 00 or a state equivalent endorsement and your current policy now includes this endorsement, this represents a reduction in coverage as any liability arising out of Exterior Insulation and Finish Systems is now excluded <table> <tr> <th>Previous Endorsement Number</th> <th>Previous Endorsement</th> <th>New Endorsement Number</th> <th>New Endorsement</th> </tr> <tr> <td>CU 64 68 03 04</td> <td>Exclusion - Wood Preservative Chemicals</td> <td>CU 64 68 04 21</td> <td>Exclusion - Wood Preservative Chemicals</td> </tr> </table> • If your previous policy did not include CU 64 68 or a state equivalent endorsement and your current policy now includes this endorsement, this represents a reduction in coverage as any liability arising out of wood preservative chemicals is now excluded <table> <tr> <th>Previous Endorsement Number</th> <th>Previous Endorsement</th> <th>New Endorsement Number</th> <th>New Endorsement</th> </tr> <tr> <td>CU 65 13 07 10</td> <td>Amendment Of Occurrence Definition</td> <td>CU 65 13 04 21</td> <td>Amendment of Occurrence Definition</td> </tr> </table> • A sentence is added to the definition of occurrence to clarify that all exposure to the same harmful conditions are considered one occurrence, which may be a reduction in coverage as your previous endorsement did not contain this condition. <table> <tr> <th>Previous Endorsement Number</th> <th>Previous Endorsement</th> <th>New Endorsement Number</th> <th>New Endorsement</th> </tr> <tr> <td>CU 81 90 01 16</td> <td>Pastoral Counseling Professional Liability Limitation*</td> <td>CU 81 90 04 21</td> <td>Pastoral Counseling Professional Liability - Following Form</td> </tr> </table> * There may be state specific versions of the forms listed above. The changes summarized below also apply to the state specific version of the forms listed above. Clarifications of Coverage • A definition for wrongful act has been added that replaces previous exclusionary wording. • A definition for loss has been added. • The definition of "insured" has been deleted and we instead added that definition to Section II - Who Is an Insured section for formatting consistency and clarification. • We added a new section outlining the insured's duties in the event of an occurrence, offense, claim, or suit has been added to specifically apply to the endorsement. • We added a clarification that the Separation of Insureds condition will not increase our limit of liability for any one wrongful act and has no effect on the applicability of exclusions that exclude coverage for all insureds for injury or damage arising from the specified conduct of any insured. Reduction or Potential Reductions In Coverage • We updated the Coverage section of the endorsements to reflect and align with changes to the base coverage form. These changes include the addition of the following provisions, which were not included in your previous endorsement(s): • A provision has been added to indicate that amounts we may pay for loss are limited by the Limits Of Insurance section and that no other obligation or liability to pay sums or perform services is covered unless provided under the defense section of the endorsement(s). • A provision has been added to indicate that otherwise covered wrongful acts that may be covered by the endorsement(s) must take place in the coverage territory for coverage to apply. • The Limits Of Insurance section in the endorsement(s) has been revised to add the following conditions which were not included in your previous endorsement: • A provision was added to outline how this coverage will apply in the situation where the underlying insurance is non-concurrent with the policy period of this policy and the retained limit with respect to this coverage will only be reduced or exhausted by payments for the applicable negligent act, error or omission that occur or claims that are made during the policy period or Extended Reporting Period of this policy. <table> <tr> <th>Previous Endorsement Number</th> <th>Previous Endorsement</th> <th>New Endorsement Number</th> <th>New Endorsement</th> </tr> <tr> <td>CU 88 00 05 09</td> <td>Exclusion - Communicable Disease</td> <td>CU 88 00 04 21</td> <td>Exclusion - Infectious Or Communicable Disease</td> </tr> </table> • The following revisions to this endorsement are made and may be a reduction of coverage as your previous policy did not include these provisions: • The endorsement is revised to expressly exclude infectious diseases in addition to communicable diseases. • The endorsement now excludes any request, demand, or similar directive to respond in any way to the effects of an infectious or communicable disease, including any claim or suit brought by a government authority. • The endorsement now defines the term "infectious or communicable disease" with a broader description of what this term constitutes. <table> <tr> <th>Previous Endorsement Number</th> <th>Previous Endorsement</th> <th>New Endorsement Number</th> <th>New Endorsement</th> </tr> <tr> <td>CU 88 04 07 14</td> <td>Professional Services Exclusion</td> <td>CU 88 04 04 21</td> <td>Exclusion - Professional Liability</td> </tr> </table> • If your previous policy did not include CU 88 04 or an equivalent endorsement and your current policy now includes this endorsement, this represents a reduction in coverage as professional services are now expressly excluded under your new policy and were not expressly excluded under your previous policy. Note that the reduction of coverage applies only to the extent that you provide professional services. OHIO SECURITY INSURANCE CO Plaintiff, vs. RUSSEL GROUP LLC DBA CBI PRINT Defendant(s) AFFIDAVIT STATE OF New Hampshire ) ) ss. COUNTY OF Strafford Before me, the undersigned Notary Public, personally appeared the person identified by name and title below, who being by me duly sworn, deposed and stated as follows: 1. I am making the statements in this Affidavit as of Ohio Security Insurance Company. My name is Cassandra Cesario. I am of sound mind, lawful age and capable of making this Affidavit. I am a Custodian of Records, authorized Officer, and employee of the above named Plaintiff. I am duly authorized by the Plaintiff to make this Affidavit, and because of the scope of my job responsibilities, I am familiar with the manner and method by which Plaintiff maintains its normal business books and records, including computer records, physical records, contracts, and records concerning contracts in default. 2. The statements set forth in this Affidavit are true and correct based on my personal knowledge and review of the business records described herein, and the processes by which Plaintiff maintains its business books and records. 3. These books and records, including specifically Contracts and corresponding documents, are made in the course of regularly conducted business activity: (1) at or near the time the events they purport to describe occurred, by a person with knowledge of the acts and events; or (2) by a computer or other similar digital means, which contemporaneously records and event as it occurs. 4. My employment duties include being a custodian of records for the Plaintiff with respect to contracts with customers for property and/or related services. As a custodian of such records, I have knowledge of, and access to, Plaintiff’s contracts, account information, and records concerning a Contract entered into by Defendant(s) with Plaintiff. 5. The Defendant(s) has/have failed to timely remit payment due under the Contract and is therefore in default thereof. The balance due under the Contract is therefore accelerated, and past due. After all credits and setoffs to which Defendant(s) is/are entitled, there is a total balance owing from Defendant(s) to Plaintiff of $49,170.60 as of June 2, 2025. 6. The above Plaintiff is the current holder and/or servicer and payee of the Contract, and neither the Contract, nor any part thereof, has been assigned to any other person or entity. [?] 7. The books and records of Plaintiff show that credit has been given to Defendant(s) for all just and lawful offsets, payments, and credits as of the date specified herein, and the entire remaining balance on the Contract as set forth in Plaintiff's Complaint now remains due and owing. 8. Demand for payment of the balance owing was made more than thirty (30) days prior to making this Affidavit, after which the attorneys representing Plaintiff were retained for the purpose of collecting on the Contract. 9. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. By: ____________________________ Name: Cassandra Cesario Title: Sr. Receivables Analyst ____________________________ [Signature] Subscribed and Sworn before me on July 28, 2025, Rachelle Noel Rainey Notary Public My Commission expires: 7/24/2029 Rachelle Noel Rainey Notary Public, State of New Hampshire My Commission Expires Jul 24, 2029