NAVIGATORS INSURANCE COMPANY v. ILLINOIS UNION INSURANCE COMPANY Complaint

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David H. Waters, State Bar No. 078512 Bina Ghanaat, State Bar No. 264826 BURNHAM BROWN A Professional Law Corporation P.O.Box 119 Oakland, Califomia 94604 1901 Harrison Street, 14th Floor Oakland, Califomia 94612 Telephone: (510)444-6800 Facsimile:' (510)835-6666 Attomeys for Plaintiff NAVIGATORS INSURANCE COMPANY
J N 3 21 A 02
By.
Deputy Clerk
M MRZ . EA
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO UNLIMITED iURISDICTION No, NAVIGATORS INSURANCE COMPANY, Plaintiff, v. ILLINOIS UNION INSURANCE COMPANY, and DOES 1-50, inclusive. Defendants. Plaintiff NAVIGATORS INSURANCE COMPANY ("Navigators") hereby alleges as follows: GENERAL ALLEGATIONS 1. Navigators is, and at all times relevant hereto was, an insurance company
Department Assignments Case Management 39 Law and Motion 54 Minors Compromise 22
il
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COMPLAINT FOR EQUITABLE CONTRIBUTION
BY FAX
authorized to do business and vvrite insurance m the State of Califomia. 2. Defendant Illinois Union Instorance Company ("Illinois Union") is, and at all
times relevant hereto was, an insurance company incorporated in the State of Illinois and providing insiu'ance for Califomia insureds on a surplus lines basis. 3. The true names and capacities, whether individual, corporate, associate or
otherwise of Defendant DOES 1 through 50, mclusive, are ctirrently unknown to Navigators,
PLF. NAVIGATORS INSURANCE CO.'S COMPLAINT FOR EQUITABLE CONTRIBUTION
No.
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who therefore sues those Defendants by such fictitious names. Navigators is informed and believes, and on the basis of this information and belief alleges, that each fictitiously named defendant is an insurance carrier responsible for defense and/or indemnity obligations relative to the underlying action as described herein. Navigators is entitled to the relief sought herein against all these fictitious defendants, and, therefore, sues these defendants by such fictitious names. Navigatbre will insert the triie liames and capacities of these fictitibiisly harhed defendants, together with charging allegations if not aheady set forth herein, when obtained. 4. USF Insurance Company ("USFIC") insured Mark Trabucco, Mark Trabucco
Builder, and Mark Trabucco Builder, Inc. under Policy No. SHO 10094-01, covering the period fi-om February 22,1999 to February 22,2000 ("USFIC Policy"). 5. Navigators insured Mark Trabucco Builder, Inc., under Policy GL004774,
covering the period from February 25,2000 to February 25,2001 ("Navigators' PoUcy"). . 6. Illinois Union insured, Mark Trabucco Builder, Inc., under commercial general
liability Policy No. OGL 050524, effective Febmary 25,2001 to February 25, 2002 ("Illinois Union Policy"). A copy of the Illinois Union Policy is attached hereto Exhibit A. 7. The Illinois Union PoUcy contains the following Insuring Agreement: SECTION I-COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. INSURING AGREEMENT
a. We will pay those sums that an msured becomes legally obligated to pay as damages for bodily injury or property damage to which this insurance applies. We wiU have the right and duty to defend any suit seeking those damages, unless an insured has another policy of insurance which obUgates another insurer to provide a defense, in which case, our duty to defend is excess. However, we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may in our discretion investigate any occurrence and settle any claim or suit that may result. But: (1) The amount we will pay for damages is limited as described in LIMITS OF INSURANCE (SECTION III). (2) Subject to (1) above, our right and duty to defend end when we have used up the applicable limit of insurance by payment of judgments or settlements under (Iloverages A. or B. or Medical Expenses under Coverage C.
PLF. NAVIGATORS INSURANCE CO.'S COIVIPLAINT FOR EQUITABLE CONTRIBUTION
No.
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No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS - COVERAGES A AND B. This insurance appUes to bodily injury and property damage only if: (1) The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory; and (2) The bodily uijury or proijefty damage is ciaused by an occurrence which takes place during the policy period; and (3) The onset of bodily injury or property damage must take place during the policy period. This does not include the onset of bodily injury or property damage which takes place after the expiration of the policy period, regardless of when such occurrences takes place. c. All property damage or bodily injury caused by or related to an occurrence is deemed to take place whentihedamage or injury first becomes known to anyone, regardless of whether the damage or injury is continuous, progressive, repeated, changing or results &om exposure to substantially the same general harm. d. Damages for bodily injury include damages claimed by any person or organization for care, loss of services or death resulting at any time from the bodily injury. On August 1, 2008, a construction defect action was filed in the Santa Barbara
County Superior Court, Case No. 1301930, entitled: John Stegall, et al. v. Mark Trabucco, et al. ("Stegall Action"). The Stegall Action alleged that Mark Trabucco dba Mark Trabucco Builder, Mark Trabucco Builder, Mark Trabucco Builder, Inc., and Mark Trabucco Builder, Corporation (collectively "Trabucco") acted as a construction contractor in the construction of the Stegall residence; that construction of the residence was completed in 1999; that Trabucco defectively constructed the residence; and that fhe defective construction proximately caused consequential, significant and continuing damage to the residence, the Stegalls' personal property, and health. A copy of the Complaint and Doe Amendments are attached hereto as Exhibit B. 9. Navigators is informed and believes and thereupon alleges that Trabucco, at all
times leading up to and during the Stegall Action, performed all conditions required to trigger coverage under the Illinois Union policy and policies issued by DOES 1-50 in cormection with the Stegall Action, or was othervwse excused from the performance. 10. The defense of Trabucco against the claims asserted in the Stegall Action was
No.
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tendered to USFIC, Navigators, and Illinois Union under the aforementioned Policies. In response to the Trabucco tender, USFIC and Navigators' agreed to provide a full and complete defense under a reservation of rights through the services of a shared coimsel. Illinois Union delayed accepting the defense of Trabucco, and then- belatedly agreed to defend only Mark Trabucco Builder, Inc. through separate counsel. ' 11. Wititin four nnibnths of accepting the defense of Ma^^
on the eve of a probable reasonable settlement which would have required a contribution by Illinois Union of a sum within its policy limits, Illinois Union unilaterally withdrewfromthe defense and reftised to contribute to any settlement on behalf of its insured. The grotmd for the withdrawal and the refusal to contribute was the ostensible absence of any potential onset of damage during the Illinois Union Policy period. This ground was false and without a reasonable basis. Despite repeated requests to rejoin the defense and participate on behalf of its insured, and the recommendations of defense counsel as to the reasonableness of the settlement demand, Illinois Union refused to rejoin the defense or participate in the settlement of the Stegall Action. 12. As a direct and proximate result of Illinois Union's improper withdrawal,
Navigators incurred additional legal fees and costs, adjustment expenses, private mediator expenses, and expert fees in defending the Stegall Action. Navigators would not have incurred these additional expenses but for lUinois Union's improper witibdrawal and refusal to contribute to any settlement or indemnity. 13. A settlement was eventually reached with the Plaintiffs in the Stegall Action,
which required Trabucco tofimd$1,217,500. This settlement included, inter alia, a release of all claims for real property damage, personal property damage, and bodily injury which onset during the Illinois Union Policy period. Based on Illinois Union's refusal to contribute to this settlement. Navigators agreed to advance the sum of $608,750, in satisfaction of the settlement in accord with an equal amount paid by USFIC, while reserving all rights to recover some or all of the advanced sum from Illinois Union and/or others. III ///
PLF. NAVIGATORS INSURANCE CO.'S COMPLAINT FOR EQUITABLE CONTRIBUTION No.
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FIRST CAUSE OF ACTION EQUITABLE CONTRIBUTION (Defense Expenses) Navigators hereby incorporates the allegations contained in Paragraphs 1 through
13, inclusive, as though fully set forth herein. 15. Illinois Union was obligated to defend Mark Trabucco Builder, Inc. in the Stegall
" 6 A c t i b n frbm the 'tender' of ciefehse tb it imtil cessation of the litigation against Mark Trabucco 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17. Builder, Inc. lUinois Union and DOES 1-50 failed and refused to pay its equitable share of the cost of defense of Mark Trabucco Builder, Inc. incurred by USFIC and Navigators prior to the acceptance of the defense by Illinois Union; and incurred by USFIC and Navigators after Illinois Union witihdrew from the defense. Because ofthe failure of Illinois Union and DOES 1-50 in this regard. Navigators paid more than its equitable share of the defense and is entitled to equitable reimbursement from Illinois Union. 16. Navigators, requests a judicial determination as to the sums owed by Illinois
Union and DOES 1-50 to equitably reimburse Navigators for the cost of defense paid by Navigators in the defense of Mark Trabucco Builder, Inc. in the Stegall Action. SECOND CAUSE OF ACTION EQUITABLE CONTRIBUTION (Indemnity) Navigators hereby incorporates the allegations contained in paragraphs 1 through
16, inclusive, as though fully set forth herein. 18. Illinois Union and DOES 1-50 was contractually obUgated to contribute to the
indemnification of Mark Trabucco Builder, Inc. in tjie Stegall Action. Illinois Union failed to indemnify its insured with respect to the Stegall Action. Navigators contributed more than its equitable share of the settlement as a direct and proximate result of the breach of Illinois Union of its contractual obligation to defend Mark Trabucco Builder, Inc. and its. failure to contribute to the mdemniflcation. 19. Additionally, as a result of Illinois Union's breach of its duty to defend Mark
Trabucco Builder, Inc., Trabucco, Navigators, and USFIC were entitled to enter a reasonable settlement of the claims against Mark Trabucco Builder, Inc. with a presumption in favor of
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Navigators and USFIC that the claims settled were covered by the Illinois Union policy. 20. The indemnification of Trabucco represents an obligation owed by Illinois Union.
Navigators requests a judicial detennination as to the amount Illinois Union and DOES 1-50 must equitably reimburse Navigators for the overpayment made by Navigators in the indemnification of Mark Trabucco Builder, Inc. WHEREFORE, Navigators pi:ays forjudgment as hereinafter set fortih. 1. For a judicial determination and award that Defendant Illinois Union Instirance
Company and Does 1-50 must reimburse Navigators Insurance Company one-third of the cost of defense paid by Navigators Insurance Company in the defense of Mark Trabucco Builder, Inc. in the John Stegall, et al. v. Mark Trabucco, et al. Action, Santa Barbara County Superior Court, Case No. 1301930. 2. For a judicial detennination and award that Defendant Illinois Union Insurance
Company and Does 1-50 must reimburse Navigators Insurance Company $202,916.64 (one-thhd of the settlement, paid by Navigators Insurance Company on behalf of Mark Trabucco Builder, Inc. in the John Stegall, et al. v. Mark Trabucco, et al. Action, Santa Barbara County Superior Court, CaseNo. 1301930). 3, Should the court determine a one-third contribution to defense is not equitable,
for a judicial determination and award that Defendant Illinois Union Insurance Company and Does 1-50 must reimburse Navigators Insurance Company an equitable share of the cost of defense paid by Navigators Insurance Company in the defense of Mark Trabucco Builder, Inc. in the John Stegall, et al. v. Mark Trabucco, et al. Action, Santa Barbara County Superior Court, CaseNo. 1301930. 4. Should the court detennine a one-third contribution to indemnity is not equitable,
for a judicial detennination and award that Defendant Illinois Union Insurance Company and Does 1-50 must reimburse Navigators Insurance Company an equitable share of the settlement paid by Navigators Insurance Company on behalf of Mark Trabucco Builder, Inc. in the John Stegall, et al. v. Mark Trabucco, et al. Action, Santa Barbara County Superior Court, Case No. 1301930).
6 PLF. NAVIGATORS INSURANCE CO.'S COMPLAINT FOR EQUITABLE CONTRIBUTION ^ No.
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112023S
5. 6.
For prejudgment interest and costs. For such other and fiirther relief as the Court may deem just and proper.
DATED: January 3,2012
BURNHAM BROWN
DAVID H. WATERS Attomeys for Plaintiff NAVIGATORS INSURANCE COMPANY
PLF. NAVIGATORS INSURANCE CO.'S COMPLAINT FOR EQUITABLE CONTRIBUTION
No.
Illinois Union Insurance Conipany

a c e usa ^^^^ Higgins Road, Cbicago, nibois 60631 Deiclarations
This Declarations Page is issued m conjunction with and forms a part of Policy Number OGL 050524 Renewal of Number NEW BUSINESS Item 1. Name of Insured: Address: P. O.BOX 50635 SANTA
MARK TRABUCCO BUILDER, INC.

See Endaisement Number: 1
BAKBAMXMm^^^m
Item 2. Item 3. Item. 4.
Policy Period: Description of Insurance afforded hiareunder: Limits of Liability: COMMERCIAL GENERAL LIABIIiTY
Coverage is provided only if a limit is shown below: $ 2.000.000.00
General Aggj'eggte Limit (other tlian Products-Completed Operations) Products Completed Opsations Aggregate Limit Personal.& Advertising Injuty Limit Each Occurrence Lhnlt Medical Payments Limit Fire Damage Limit vyItrai 5. Item 6. Item?. Item 8. Self Insured Retention: Deductible: TheNamed Insured is: Premium:
$ 2.500.00
$ io oo oo .o;o.o
$ 1.000.000.00 $ 1,000.000.00 $ 5.000.00
$ 50.000.00 (any one pBism) (a^y one fire)
.-Per Claim Per Claim Fartnorship
l~l Per Occurreaace/Qfense

See Endcxsement Number: r~l Per Occurrence/Offense See Endorsement Niiniber:.2
f~1 Individual l~l Joint Venture
other
1^ Corporation D Limited Liability Cotporation
The premium stated herein is the minimum premiumforthe .polity period. Any adjustment upon audit will be upward only. There will be no premium refimd of die minimum premium upon audit, if die estimated exposure is less dian shown herein. Twenty-five percent C25%) of die annual premium isfiillyeamed as of the inception date of the policy. Term $12,000.00 MINIMUM & DEPOSIT I Adjustable at a Rate of: $10.00 PER $2.000.00 OF GROSS RECEIPTS Estimated Exposure: $1.200,000.00 ADEC l (ED. mOOy, SIGENDT (10/00); OCCUR (ED. 12/00)
IHI Annual Flat Flat Fully Eamed Item 9..
Endorsements and forms attached to this Policy: ENDORSEMENTS 1 TIIROUGH 14

Countersignature:
Authorized IleprescDtative: SHG Insurance Services P.O. Box 595 LosOlivos^CA. 93441 Lie. #0017921
Countersignature: Countersignataire Date: February 28,2001
PREMIUM: STATE TAX EEE 3% STAMPING EEE .25% INSPECTION/AUDIT TOTALDUE:
$ 12.000.00 $ 363.00 $ 30.25 $ 100.00 $ 12,49325
occosepmo)
EXHIB1T_>^
Exhibit A0001
ADDITIONAL DECLARATIONS
For attachmoit to Policy Number OGL 0S0524 to complete said policy.
Location of all premises owned by, rented to or cootrolled by the Named Insuied ^nter "Same" ifs m lomtibn as addres shown in Item 1 oftbe decteiaiions). a e 1482 EAST VALLEY ROAD, STUDIO 3, SANTA BARBARA. CALIFORNL\ 93108 ' Thefollowingdiscloses all iiazards Insured hereunder loiown to exist at the effective date ofthis policy, unless otherwise stated herdn. G E N E R A L LIABnÎTV HAZARDS S C H E D m j : Desoription of Hazard Premises & Operations Code No.. Premium Basis Gross Receipts $1,200,000.00 Rates Bl PD Per $1,000 of Gross Receipts S10.00 INCLUDED Advance Premiums Bl PD $12,000.00 INCLUDED
CONTRACTORS EXECtrnVE SUPERVISORS OR EXECUTIVE SUPERINTENDENTS
91580
' Escalators (NumbBr at Premises) NOT JNOUJDBD
Number Insured NOT INOÛDED Cost INCLUDED
Per Landing NOT NOT INCLUDED INCLUDED Per $1000 of oast JNCLUEffiD INCLUDED NOT INCLUDED NOT INCLUDED
Independent Contractors INCLUDED Completed Operations INCLUDED Products INCLUDED
INCLUDED
INCLUDED
INCLUDED Gross Receipts
INCLUDED Per $1,000 of
INCLUDED Gross Receipts
INCLUDED
INCLUDED
INCLUDED
INCLUDE
INCLUDED
INCLUDED
INtXUDEb
Total Advance B I & PD Premhnns $12,000.00 When used as a premium t)8sis: 1. 2.
INCLUDED
3. 4. 5. 6.
"admissions" means'the total number of persons, other tiian employees ofthe named insured, admitted to the event insured or to events conducted on the premises whether on paid admiasion tidcets, complementaiy tickets or passes; "cost" means the total cost to the named insured with respect to operations peribrmed for the named insured during the policy period liy independent contractors of all work let or sub-let in connection with each specific project, including the cost of all labor, materials and equipmentfiimished,used or delivered Sar use in the execution ofsuch work, whetherfiurishedby the owner or contractor or subcontractor, including all fees, allowances, bonuses or commissions made, paid or due; "recdpts''.means tbe gross amount of money charged by tlie-named insured for such operations by the named insuied or !>y others during the . poiiqy period as are rated <i a receipts basis other titan, receiptsfiomtelecasting broadcasting or motion pictures, aod includes taxes other than taxes whidi the named insured collects as a separate item and remits directly to a govenimental diviuoi^ ' "remuneration" means tfae^ endre remuneration eamed during the policy period by. proprietois and by aU.emâyees ofthe named insuiecl, other than chauffeurs (exQept qperadons ofmobile equipment) and aircrafi pilots and co-pilots, subject to a^y overtune earnings or limitation pf remuneration rule applirable in accordance with the manuals in use by ^ compan)^ "sales" means the gross amount of money charged by the named insured or by others trading under his name for all goods and ]xoducts sold or distributed during the policy period.and charged during the policy period Sx installation, servicing or repair, aad includes taxes, other than taxes which the named insurl and such other collect as a separate item and remit directiy to a governmental division; . "billed hours" means total number of bouts billed by the insured to his clientsfiirservices rendered as a security guard. ADECl (ED. 10/00)
Exhibit A0002
SIGNATURE ENDORSEMENT
Named Insured ' Policy Number . Foliq'Period EsdorsemeafNiinber
MARK TRABUCCO BUILDER, INC OGL 050524

Issued by
SIGENDT aO/00) to
EfibctivB Date of Endoisemeot
02/25/01
02/25/02
02/25/01
n,T,mOTS UNION INSURANCE COMPANY

THE ONZiT SXGNAIOBES AFPLXCABLB XO IHZS P0LXC7 ABE TBOSB BEFBESSNTZHG TBE COMBASi NaMED ON a?HE FIRST BAGS OF THB DECL&IOTXONS. By signing and delivering the policy to you, we state that it is a valid contract when couhtersighed by our authorized representative.
Illinois Usdon Iasurance Company CHICAGO, ILLINOIS
.Dciiai3B.KcdlBg,Fnsidiat GEOROBD. MDUtOAKSicntilT
'
j ^ J
INA. Suiplus Insurance Company PimADELPHIA, PENNSYtVANIA
CCORGE D. MDLLISAN, SccRmj
OambRKcdlncPralihiit
Westchester Surplus Lines Insurance Company ATLANTA, GEORGIA
GEORGE a MVLUGN,9ecnlaiy
Seiiiil>ll.BidIne,Fniiilit
'
AuthorizedSepieaeolatives
NOTHING HEREIN CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXIEND ANV OF THE TERMS, CONOmONS, OR LIMTTATIONS OFTOEPOUCY TO WHICH THIS ENDORSEMENT IS ATTACHED OTHER THAN AS STATED ABOVE
Exhibit A0003
ENDORSEMENT
Namedlnsured EndoisBmcntNomber
MARK TRABUCCO BUILDER, m c

Poti^ Number foVcf Period
1 to
Effective Date ofEndorsement
OGL 050524
02/25/01
02/25/02
02/25/01 -
SmOISUMON INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

E0020
NAMED
INSUBED
.PER L I S T ON F I L E WITH THE COMPANY
NOTHING HEREIN CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDmONS, OR UMITATIONS OF THE POLICY TO WHICH TEDS ENDORSEMENT IS ATTACHED OTHER THAN AS STATED ABOVE
Exhibit A0004
ENDORSEMENT
Named Insmed Endoisemeot Number

Policy Number Poli^ Period
2. to
Effective Diate ofEndorsement
OGL 050524
Issuedby
02/25/01
02/25/02 ~
02/25/01
ItiilNOIS-UOTONmiSURANeE COMPANY-

E0009
PER CLAIM DEDUCTIBLE
IT IS AGREED THAT $2,500.00 SHALL BE DEDDCTED F O EACH AND EVERY CLAIM UNDER THIS RM POLICY, IRRESPECTIVE OF THE NUMBER OF CLAIMS WHICH MAY BE JOINED IN ANY ONE SUIT, ARBITRATION, MEDIATION, O ANY OTHER FORM OF LEGAL PROCEEDING. SUCH COVERAGE AS IS R AFFORDED UNDER THIS POLICY APPLIES SUBJECT TO THE FOLLOWING CONDITIONS: 1. THE DEDUCTIBLE (S) SHALL APPLY TO ANY INSURED, INCLUDING ADDITIONAL INSUREDS, FOR W O ANY EXPENSE HAS BEEN INCURRED ON THEIR BEHALF BY THE COMPANY AS HM WELL AS ANY PAYMENTS MADE BY THE COMPANY T W R THE SETTLEMENT OF EACH AND OAD EVERY CLAIM. / 2. ALL OF THE OTHER TERMS AND PROVISIONS OF THIS POLICY, INCLUDING THOSE WITH RESPECT TO THB INSURED'S OBLIGATIONS UPON. AN OCCURRENCE O CLAIM AND THE R COMPANY'S RIGHT TO INVESTIGATE, DEFEND, NEGOTIATE AND/OR SETTLE ANY CLAIM O R SUIT, APPLY"IRRESPECTIVE OF THE APPLICATION OF THE DEDUCTIBLE. 3. THE INSURED SHALL CONTRIBUTE THE AMOUNT OF THE DEDUCTIBLE WITHIN TEN (10) DAYS FROM THE DATE OF REQUEST BY THE COMPAIIY OR ITS REPRESENTATIVE. THE . REQUEST FOR PAYMENT OF THE DEDUCTIBLE HEREIN SBT FORTH SHALL BE SENT . O THE T INSURED BY ORDINARY MAIL ADDRESSED TO THE FIRST NAMED INSURED AT THE ADDRESS LISTED. IN THE POLICY. THE TEN (10) DAYS SHALL BEGIN TO APPLY' FROM THE POSTMT^ OF THE LETTER BEARING SUCH REQUEST. 4. THE COMPANY SHALL HAVE THE RIGHT TO MAKE PARTIAL DEDUCTIBLE' RECOVERIES FROM THE INSURED W E PARTIAL SETTLEMENTS AND/OR EXPENSE BELOW THE FULL A O N OF HN MDT THE DEDUCTIBLE ARE INCURRED BY THE COMPANY. . 5. AS RESPECTS ANY COVERAGE AFFORDED BY THIS POLICY, THE DEDUCTIBLE APPLIES EQUALLY TO ALL DAMA(3ES INCUREIED BY AHY ONE PERSON OR ORGANIZATION AS A RESULT OF ANY ONE CLAIM. 6. FAILURE O .DELAY BY THE COMPANY IN SEEKING REIMBURSEMENT OF THE R DEDUCTIBLE(S) SHALL NOT BE CONSIDERED A WAIVER BY THE COMPANY. THE COMPANY MAY DEDUCT FROM ANY PAYMENT ON JUDGEMENT OR SETTLEMENT THE AMOUNT OF ANY DEDDCT.IBLE(S) NOT REIMBURSED AS OF THE DATE SUCH PAYMENT IS DUE.
N T B O HEREIN CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE O EXTEND ANY OF THE T R S CONDITIONS. OR OEN R EM, LIMTTATIONS O THE POLICY TO WHICH THIS E D R E E T IS ATfAamD O H R TIL\N AS STATED ABOVE F NOSMN TE
Exhibit A0005
ENDORSEMENT
Namedlnsured Endoraement Numlwr

Polt^ Number 1 PcKeyVeiioi
3
Efiedive Date ofEndorsement
OGL 050524
| 02/25/0]
to
02/25/02 _
02/25/01
.SLmOIS..UM0N..INSURANCE. COMPANY

CLAIMS REPORTING IN THE EVENT OF ANY OCCURRENCE THAT MAY RESULT IN A CLAIM AGAINST THIS POLICY, THE INSURED SHOULD IMMEDIATELY REPORT SUCH OCCURRENCE TO: CRAWFORD TECHNICAL SERVICES International Loss Adjusters 500 South Kraemer Boulevard, S u i t e 302 Brea, C a l i f o r n i a .92821 Fax: (714) 985-1216 T e l - (714) 985-1200 T o l l Free Number: (877) 800-5080 ACE -14451
EOOOl
NOTHING HEREIN CONTAINED SHALL BE HELD TO VARY, ALTER. WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, OR UMTTATIONS OF THE POLICY TO WHICH THIS ENDORSEMENT IS ATTACHED OTHER THAN AS STATED ABOVE
Exhibit A0006
ENDORSEMENT
Namedlnsured Endoisemeot Number

Policy Number Polii? Period
4 to
Bffictive Date ofEndoisement
OGL 050524
Issuedby
02/25/01
02/25/02
02/25/01
- ILLINOIS UNION INSURANCE-COMPANY

E0004 COMDOMINIDM, TOWNHOUSE AND APAROMEHT E3CCLOSION (ABSOLTTTE) THIS POLICY DOES NOT APPLY TO AND THE COMPANY SHALL HAVE NO DUTY TO DEFEND ANY CLAIM OR "SUIT" SEEKING DAMAGES FOR ."'BODILY INJURY", "PROPERTY DAMAGE", "PERSONAL .INJURY"- OR "ADVERTISING INJURY" ARISING OUT OF ANY WORK OR PRODUCT INVOLVING, RELATED TO, OR PERFORMED ABOUT THE PREMISES OF A : 1 . - CONDOMINIUM; .2. 3.. TOWNHOUSE; APARTMENT
NOTHMQ HEREIN CONTAINED SHALL BE HELD TO VARY, ALTER. WAIVE OR EXTEND ANY OF THE TERMS. CONDinONS, OR UMTTATIONS OF THE POUCY TO WHICH THIS E^DX)RSEMENT IS ATTACHED OTHER THAN AS STATED ABOVE
Exhibit A0007
ENDORSEMENT
Namedlnsured Endorsement Nuiiibsr
MARK TRABUCCO BUILDER. INC.

Policy Number Policy Period
5 to
QGLOS0S24
Issuedby
02/25/01 .
02/25/02
02/25/01
-ILLINOIS-UNION.INSURANCE-COMPANY....

E0005 CONTRACTORS WARRANTY I T IS AGREED SUCH COVERAGE AS IS AFFORDED BY THE POLICY TO WHICH THIS ENDORSEMENT IS ATTACHED SHALL NOT APPLY TO OCCURRENCES ARISING OUT OF OPERATIOWis PERFORMED BY INDEPENDENT CONTRACTORS UNLESS: 1. THE INSURED WILL RECEIVE A WRITTEN AGREEMENT FROM EACH AND EVERY INDEPENDENT CONTRACTOR HOLDING THE INSURED HARMLESS FOR ALL LIABILITIES liSICURRED-BY THE INDEPENDENT CONTRACTOR. . 2. THE INSURED WILL OBTAIN CERTIFICATES OF INSURANCE FROM EACH AND EVERY INDEPENDENT CONTRACTOR INDICATING THEY ARE AN ADDITIONAL INSURED AND THEY MAINTAIN COVERAGE THE SAME AS PROVIDED BY THIS POLICY AND WITH LIMITS IN THE SAME AMOUNTS AS PROVIDED BY THIS POLICY.. 3. THE COVERAGE PROVIDED BY THiS.POLICY SHALL APPLY EXCESS OVER AND ABOVE ANY OTHER VALID AND COLLECTIBLE INSURANCE AVAILABLE TO THE INSURED.
NOTHING HEREIN CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE O EXTEND ANY OF THE T R S CONDTllONS, OR R EM, UMTTATIONS OF THE POUCY TO WHICH THIS E D R E E T IS ATTACHED O H R THAN AS STATED ABOVE NOSMN TE
Exhibit A0008
ENDORSEMENT
Named&isured Endoisement Number

Poliqr Number Polity Period
6 to
EBtetive Date of Endoisement
OGL 050524
Issuedby
02/25/01
02/25/02
02/25/01
-ILLINOIS UNION INSURANCE COMPANY

30007
COORSE OF ROOglHG OPERATIONS EXCLUSION IT I S AGREED THIS POLICY DOES NOT APPLY TO PROPERTY DAMAGE TO ANY BUILDING GR STRUCTURE OR TO ANY PROPERTY WITHIN SUCH BUILDING OR STRUCTURE RESULTING FROM, CAUSED BY' OR ARISING OUT OF . WATER, RAIN, HAIL, SLEET OR S O , NW ENTERING SUCH BUILDING OR STRUCTURE DUE TO AN OPEN ROOF. THE TERM OPEN ROOF MEANS ANY ROOF OR SECTION THEREOF WHERE THE PROTECTIVE COVERING (SHINGLES, TAR, FELT PAPER, OR PLASTIC) HAS BEEN REMOVED LEAVING EXPOSED THE DECKING, SUPPORTING STRUCTURE, INTERIOR OF THE BUILDING OR ITS CONTENTS TO THE ELEMENTS.
NOTHING HEREIN CONTAINED SHALL BE HELD TO VARY," ALTER, WATVE OR EXTEND ANY OF THE TERMS, CONDmONS. OR UMTTATIONS OF THE POUCY TO WHICH TfflS ENDORSEMENT IS ATTACHED OTHER THAN AS STATED ABOVE
Exhibit A0009
ENDORSEMENT
Namedlnsured Endorsement Number
MARK TRABUCCO BUILDER, INC

Pdicy Number Policy Period
7 to
Effective Date of Endoisement
OGL 050524
Issuedby
02/25/01
02/25/02 .
02/25/01
ILLINOIS.UNION.INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ FT CAREFULLY.

REAL ESTATE PROFESSIONAL LIABILITY EXCLUSICaT I T IS AGREED THIS POLICY SHALL NOT APPLY TO ANY LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR ADVERTISING LIABILITY - N ACCOUNT OF ANY. CLAIM' MADE AGAINST THE O INSURED FOR BREACH OF DUTY ARISING OUT OF THE RENDERING OF OR FAILURE . TO RENDER PROFESSIONAL SERVICES IN THE CONDUCT OF THE INSURED'S BUSINESS AS A REAL ESTATE AGENT OR BROKER.
E0002
NOTHING HEREIN CONTAINED SHAIL BB HELD TO VARY. ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDmONS, OR LIMTTATIONS OF THE POUCY TO WHICH THIS ENDORSEMENT IS ATTACHED OTHER THAN AS STATED ABOVE
Exhibit A0010
ENDORSEMENT
Named Insured Endorsement Number -
MARK TRABUCCO BUILbER, INC.

Policy Number Poli^ Period
8 to
OGL 050524
02/25/01
02/25/02
02/25/01 : -
-ILUNOIS UNION-INSURANGE COMPANY-

BLASTING OPERATIONS EXCLUSION I T IS AGREED THIS POLICY DOES NOT APPLY TO BLASTING O R EXPLOSION. FOR THE PURPOSE OF ENDORSEMENT, THIS DOES NOT INCLUDE EXPLOSION OF AIR OR STEAM VESSELS, PIPING UNDER PRESSURE, PRIME MOVERS, MACHINERY OR POWER TRANSMITTING EQUIPMENT.
EOOll
NOTHINO HEREIN CONTAINED SHALL BE HELD TO VARY, ALTER. WAIVE OR EXTEND ANY OF THE TERMS, CONDmONS. OR . UMTTATIONS OF THE POUCY TO WHICH THIS ENDORSEMENT IS ATTACHED OTHER THAN AS STATED ABOVE
Exhibit AO011
ENDORSEMENT
Named Insured Endorsement Number

Policy Number Policy Period Issued
9 to 02/25/02
Eftetive Oate ofEndorsement
OGL 050524
02/25/01
02/25/01 -
ILLINOIS UNION-INSURANCE-COMPANY'
THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY.

E0012
ARCHITECTS, ENGINEERS AND SDRVEYORS ERRORS AND CaCSSIONS EXCLUSION I T I S AGREED THIS POLICY SHALL NOT APPLY TO ANY L I A B I L I T Y ARISING OUT OF PROFESSIONAL SERVICES PERFORMED BY OR FOR ANY INSURED, INCLUDING, BUT NOT.LIMITED TO: A) THE PREPARATION OR APPROVAL OF MAPS, PLANS, OPINIONS, SURVEYS, DESIGNS, OR SPECIFICATIONS AND SUPERVISORY, INSPECTION OR ENGINEERING SERVICES. REPORTS,
B)
I T I S FURTHER UNDERSTOOD AND AGREED THAT THIS EXCLUSION SHZ\LL BE APPLICABLE AS RESPECTS A N Y ' L I A B I L I T Y ARISING OUT OF THE PERFORMANCE BY OR FOR ANY INSURED OR PROFESSIONAL SERVICES FOR OTHERS I N THE CAPACITY AS AN ARCHITECT, ENGINEER OR SURVEYOR.
NOTHINO HEREIN CONTAINED SHALL BiE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDmONS, OR UMTTATIONS OF THE POLICY TO WHICH THIS ENDORSEMENT IS ATTACHED OTHER THAN AS STATED ABOVE
Exhibit A0012
ENDORSEMENT

Foli^ Number Policy Period
10
EBedive Date ofEndorsement
OGL 050524
02/25/01
to
02/25/02 -
02/25/01 :
-mLlOIS-UNION-INSURANCE.GOMPANY

E0015 EXCLUSION - FINANCIAL SERVICES THIS INSURANCE DOES NOT APPLY TO- "BODILY INJURY", "PROPERTY DAMAGE", "PERSONAL INJURY" OR. "ADVERTISING INJURY" RESULTING FROM THE RENDERING OF OR THB FAILURE TO RENDER FINANCIAL SERVICES'BY ANY INSURED TO OTHERS. FOR THE PURPOSE OF THIS EXCLUSION, FINANCIAL SERVICES INCLUDE BUT ARE NOT LIMITED TO: 1. PLANNING, ADMINISTERING OR ADVISING ON: ANY: 1) INVESTMENT, 2) PENSION 3) ANNUITY, 4) SAVINGS, 5) CHECKING; OR 6) INDIVIDUAL RETIREMENT PLAN, FUND OR ACCOUNT; B. THE ISSUANCE OR WITHDRAWAL OF ANY BOND, DEBENTURE, STOCK OR OTHER SECURITIES; C. THE TRADING OF SECURITIES, COMMODITIES OR CURRENCIES; OR D. ANY ACQDISITIONiS OR MERGERS; 2. ACTING AS A DIVIDEND DISBURSING AGENT, EXCHANGE AGENT, REDEMPTION OR SUBSCRIPTION AGENT, W21RBANT OR SCRIP AGENT, FISCAL OR PAYING AGENT,.TAX WITHHOLDING AGENT, ESCROW AGENT, CLEARING AGENT, OR ELECTRONIC FUNDS TRANSFER AGENT; " 3. LENDING, OR ARRANGING FOR THE LENDING OF MONEY, INCLUDING CREDIT CARD, DEBIT CARD; LEASING OR MORTGAGE OPERATIONS OR ACTIVITIES OR INTERBANK TRANSFERS; 4. REPOSSESSING OF REAL OR PERSONAL.PROPERTY FROM A BORROWER OR ACTING AS AN ASSIGNEE FOR THE BENEFIT OF CREDITORS; 5. CHECKING OR REPORTING OF CREDIT; 6. MAINTAINING OF FINANCIAL ACCOUNTS OR RECORDS; 7. ' TAX PLANNING, TAX ADVISING OR THE PREPARATION OF TUX. RETURNS; OR 8. SELLING OR ISSUING TRAVELERS CHECKS, LETTERS OF CREDIT, CERTIFIED CHECKS, . BANK CHECKS OR MONEY ORDERS. NOTHING HEREIN CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDmCNS, OR UMTTATIONS OF THE POUCY TO WHICH THIS ENDOHSEMENT IS ATTACHED OTHER THAN AS STATED ABOVE A.
Exhibit A0013
ENDORSEMENT
Named Insured Endorsement Number
MARK TRABUCCO BUILDER. INC.

policy Number 1 Ptdicy Period
11 to
OGL0S0524
102/25/01
02/25/02
02/25/01 .. .
-ILLINOIS-UNION-INSURANCE-COMPANY. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
E0006
ADPITIONAL INSURED (BLANKET) I T IS AGREED COVERAGE I S PROVIDED TO THE ADDlTIONMi INSURED (S) NAMED IN THIS ENDORSEMENT AS FOLLOWS:. . ' A. 'THE TERM "ADDITIONAL INSURED" SH2VLL ALSO INCLUDE ANY PERSOH OR ORGANIZATION SPECIFICALLY DESIGNATED AN "ADDITIONAL INSORED" ON A CERTIFICATE OF INSURANCE APPROVED BY THE COMPANY. ANY PERSON OR ORGANIZATION NOT SPECIFICALLY SHOWN AS AN ADDITIONAL INSURED ON A CERTIFICATE OF INSURANCE APPROVED BY THE COMPANY IS PROVIDED HO-COVERAGE. B. COVEjflAGE FOR ANY ADDITIONAL INSORED SHALL INCEPT AT 12:01 A.M. ON THE DATE THE CERTIFICATE DESIGNATING SUCH PERSON OR ORGANIZATION AS AN ADDITIONAL INSURED IS APPROVED BY THE COMPANY. C. THE APPLICABLE LIMIT OF THE COMPANY'S LIABILITY SHALL HOT BE IISICREASED BY THE INCLUSION OP ANY NUMBER OF ADDITIONAL INSUREDS. D. OTHER THAN AS EXPRESSLY MODIFIED HEREIN, COVERAGE FOR THE ADDITIONAL INSURED IS GOVERNED BY THE TERMS AND. CONDITIONS OP THIS POLICY, INCLUDING THE INSURING AGREEMENTS. E. COVERAGE PROVIDED FOR ANY ADDITIONAL INSURED IS ONLY TO THE DEGREE THE ADDITIONAL INSURED IS HELD LIABLE FOR THE NEGLIGENCE OF THE NAMED INSURED. NO COVERAGE IS AFFORDED FOR LIABILITY BASED UPON THE CONDUCT OF THE ADDITIONAL INSURED. F. THE DUTY TO DEFEND AND INDEMNIFY THE ADDITIONAL INSURED SEEKING COVERAGE PURSUANT TO THIS ADDITIONAL INSURED ENDORSEMENT IS EXCESS TO ANY PRIMARY INSURANCE WHICH IDENTIFIES THE ADDITIONAL INSURED AS A NAMED INSURED. THIS APPLIES REGARDLESS OF ANY APPLICABLE DEDUCTIBLES OR SELF-INSURED RETENTIONS THE ADDITIONAL INSURED MAY. OWE TO THE PRIMARY INSURER.
NOTHING HEREIN CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDmONS, OR UMTTATKJNS OF THE POUCY TO WHICH THIS ENDORSEMENT IS ATTACHED OTHER THAN AS STATED ABOVE
Exhibit A0014
SERVICE OF SUIT ENDORSEMENT

Namedlnsured Endorsemeot Number

Policy Number Policy period
12 . to
Efiective Date ofEndorsement
OGL 050524
Issued Iv
02/25/01
02/25/02 ~
02/25/01
-ILLlNbiS-UNION-INSURANCE-COMPANY

E0017A
I n f o r m a t i o n about s e r v i c e o f s u i t s upon the' company i s given below. Service o f process o f s u i t s against t h e company may be made upon t h e f o l l o w i n g person, o r another person t h e company may designate:
Brian .T. .Guthrie, Chief Couziael, Business Litigation ACE aSA Two Lltierty Place - TL21D 1601 Chestnut Street Philadelphia, PA 19192-2211
The person named above i s a u t h o r i z e d and d i r e c t e d t o accept s e r v i c e o f process on t h e comp.any's b e h a l f i n any a c t i o n , s u i t o r proceeding i n s t i t u t e d a g a i n s t t h e company. I f t h e insured requests, t h e company w i l l g i v e t h e insured a w r i t t e n promise t h a t a general appearance w i l l be entered on the company's b e h a l f i f a s u i t i s brought. If the. insured requests, t h e company w i l l . submit t o t h e j u r i s d i c t i o n o f any c o u r t p f competent j u r i s d i c t i o n . The company w i l l accept t h e f i n a l d e c i s i o n o f t h a t c o u r t or any A p p e l l a t e Court i n t h e event o f an appeal. The law o f some j u r i s d i c t i o n s o f t h e United States o f America r e q u i r e t h a t t h e Superintendent, Commissioner o r D i r e c t o r o f Insurance ( o r t h e i r successor i n o f f i c e ) be designated as t h e company's agent f o r s e r v i c e o f process. I n these j u r i s d i c t i o n s , the company designates t h e D i r e c t o r o f Insurance as t h e company's t r u e and l a w f u l a t t o r n e y upon whom s e r v i c e o f process on t h e company's b e h a l f may be made. The company also a u t h o r i z e s t h e D i r e c t o r o f Insurance t o m a i l process received on t h e conipany's b e h a l f t o t h e company pers.on named above.
I
I f t h e i n s u r e d i s a r e s i d e n t o f Canada, the i n s u r e d may a l s o serve s u i t upon the company by s e r v i n g the government o f f i c i a l designated by the law o f t h e i n s u r e d ' s p r o v i n c e .
NOTHING HEREIN CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDmONS. OR UMTTATIONS OF THE POUCY TO WHICH THIS ENDORSEMENT IS ATTACHED OTHER THAN AS STATED ABOVE
Exliibit A0015
ENDORSEMENT

Policy Number Poliqr Period
13 to
Effietive Date ofEndorsement
OGL 050524
Issuedby
02/25/01
02/25/02
02/25/Oi 1 _
--ILLINOIS UNION-INSURANCE.COMPANY.
THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. G0026
SBECIFIED OPERATIONS EXCLUSION I T I S AGREED NO COVERAGE I S AFFORDED FOR ANY L I A B I L I T Y OR CLAIM THAT ARISE OUT OF, I S RELATED TO,.OR CONNECTED WITH THE FOLLOWING:
TORCH DOWN ROOFING
NOTHING HEREIN CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, C0NDm01ffi, OR UMTTATIONS OF THE POUCY TO WHICH THIS ENDORSEMENT IS ATTACHED OTHERTHAN AS STATED ABOVE
Exliibit A0016
ENDORSEMENT

Policy Number Poll^ Period
14 to
BSbctivE Date ofEndorsement
OGL 050524
Issued by
02/25/01
02/25/02
02/25/01
n,LlNOTS UNION TNSUR ANCF. COMPANY THLS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EOlll
DESIGNATED WORK EXCLUSION - E.I.F.'S I T I S AGREED, THIS INSURANCE DOES NOT APPLY TO "PERSONAL INJURY"'OR 'PROPERTY D M G ' AS FOLLOWS: AAE' "BODILY INJURY",
THE DESIGN, MANUFACTURE, CONSTRUCTION, FABRICATION, PREPARATION, INSTALLATION, APPLICATION,' MAINTENANCE O R REPAIR, INCLUDING REMODELING, SERVICE, CORRECTION, OR REPLACEMENT, OF AN "EXTERIOR INSULATION AND FINISH SYSTEM" (COMMONLY' REFEiElRED. TO AS SYNTHETIC STUCCO) OR ANY PART THEREOF, OR ANY SUBSTANTIALLYSIMILAR SYSTEM OR ANY PART THEREOF, INCLUDING THE APPLICATION OR USE OF CONDITIONERS, PRIMERS, ACCESSORIES, FLASHINGS, COATINGS, CAULKINGS OR SEALANTS IN CONNECTION WITH SUCH A SYSTEM. 2. ANY WORK OR OPERATIONS WITH RESPECT TO ANY EXTERIOR COMPONENT, FIXTURE OR FEATURE OF ANY STRUCTURE I F ANY "EXTERIOR INSULATION AND FINISH SYSTEM" IS USED ON ANY PART OF THAT STRUCTURE. FOR THE PURPOSES OF THIS ENDORSEMENT, AN "EXTERIOR INSULATION AND FINISH SYSTEM" MEANS AN EXTERIOR CLADDING OR FINISH SYSTEM' USED ON ANY PART OF ANY STRUCTURE, AND CONSISTING OF: a) . A RIGID OR SEMI-RIGID INSULATION BOARD MADE OF EXPANDED POLYSTYRENE OR OTHER MATERIALS, AND b) THE ADHESIVE AND/OR MECHANICAL FASTENERS USED TO ATTACH -THE INSULATION' BOARD TO THE SUBSTRATE, AND c) A REINFORCED BASE COAT, AND d) A FINISH COAT PROVIDING SURFACE TEXTURE AND COLOR.
NOTHING HEREIN CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE O EXIBND ANY O THE T R S C N T O S OR R F EM, ODnN, UMTTATIONS OF THE POUCY TO WHICH THIS E D R E E T IS ATTACHED O H R THAN AS STATED ABOVE NOSMN TE
Exhibit A0017
COMMERCIAL GENERAL LIABILITY (OCCURRENCE COVERAGE FORM)

Various provisions in this policy restrict coverage. Read the entire policy carefully to detennine rights, duties and what is and is not covered. Throughout this policy the words you and your refer to the Named "ljisured"shown in"-tfae'^9ecIaration5,~and'-any-ather...per50fl...or~ organization qualifying as a Named Insured under this .policy.-The 'words we, us. and our refer to the coinpany providing this insurance. The word insured means any person or organization qualilyine as such under WHO IS AN INSURED (SECTION II). Olher words and phrases that appear in bold &ce have special meaning. Refer to DEFINTTIONS (SECTION V). SECTION I - CO VERAGES COVERAGE A. BODILY INIURY AND PROPERTY DAMAGE LIABIUTY 1. INSURING AGREEMENT a. We will pay those sums that an insured becomes legally obiigaled to pay as damages for bodily injury or property damage to which this insurance applies. We will have the light and duty to defend any suit seeking those damages, 'unless an. insured has another polity of insurance which obligates another insurer to provide a defense, in which case, our duty to defend is excess. However, we wilt have' no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that m ^ resutt But (1) The amount we will ptry fer damages is limited as described in UMTTS OF INSURANCE (SECTION ID). :(2) Subject to (1) above, our right and duty to defend end when we have used up the applicable limit of insurance by payment of judgments or setdements under Coverages A. or B. or Medical Expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS - COVERAGES A ANDB. c. b. This insurance applies to. bodily injury and property damage Only if: (1) The bodily injury or property damage is caused by an occurrence that takes place in die coverage territory; and (2) The bodily injury or property damage is caused by an occurrence which lakes place during the policyperiod; and (3) The onset of bodily injury or property damage must take place during the policy period. This does not include the onset of bodily injury or property damage which takes place after the expiration of the policy period, regardless of when such occurrence takisplace. c. All property damage or bodily injury caused by or related to an occurrence is deemed to take place when the damage or injury first becomes known to anyone, regardless of whether the damage or .iqjuiy is continuous, progressivesrepeated, changing or results from exposure to substantially the same general harm. d. Damages fer bodily injury include damages claimed by any person or organization for.care; loss of services or death resulting at any timefiomthe bodily injury. EXCLUSIONS: COVERAGE A Tbis insurance does not .apply to: a. Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of an insured. This exclusion does not apply to bodily Injury resulting from the use of reasonable force to protect persons dc property. b. Contractual Uability Bodily injury or property damageforwhich an insured is obligated to -jay damages by reason of the assumption of liabili^ in a contract or agreement. This exclusion does not apply to liabilityferdamages: (1) Assumed by the Named Insured in a written contract or . written agreement lhat is an Insured contract, provided the bodily injury or property damage occurs subsequent 'to Ihe execution of die written contract or written agreement and provided the property damage or bodily injury results from the negligence;, fkult or comparative fault of the Named Insured and is not-odierwise excluded by the tenias of this policy; or (2) That Ul insured would have in the absence of a. contract or agreemenL Liquor Liability Bodily injury or property damage for which an msured may be held liable by reason of: (1) Causiiig or contributing to the intoxication of any person; (2) The fumishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or
(Page 1 of 14)
.OCCURRED. 12/00)
Exhibit A0018
(3) Any statute, ordinance or regulation relating to tbe sale, gift, distribiition or use of alcoholic beverages. This exclusion applies if an insured is in the business of manufacturing,- distributing, selling, serving or fumishing alcoholic beverages. .d. Workers Compensation and Similar LawSv - Any ..obligation...ofan ^..insured... under.-. a. workers.., compensation, disabili^ benefits or unemployment compensation law or any similar bw. c Employer's Liability Bodily injury to: (1) An employee of an insured arising out of and in the' course of employnient by an insured regardless of who m^ be liable; or (2) The spouse, child, parent, brother or sister of that employee as a consequence of (1) above. This exclusion applies: (1) Whether an insured may be liable as an employer'or in any other capacity; and (2) To aiiy obligation to share damages with or repay someone else who must pay damages because of the injury, including.an insured contract. (3) Liabili^ assumed by an insured- in an insured contract. Por the purpose ofthis exclusion only the term employee as used in this policy includes loaned, rented, leased or temporary employees, as well as persons who qualify as borrowed servants or-employees or persons who are or may be deemed employees of the Nained Insured or an additional insured under the docbines of borrowed servant, bpirowed employee, respondent superior or any similar doctrine, or for whom the named or additional insured may be held liable as an employer. f. Absolute Pollutron Bodily injury or property damage which, in whole or in part, is caused by, results from, is attributable to. contributes to or is aggravated by, the actual, alleged or threatened discharge, dispersal, seepage, migration, release, escape of or exposure to pollutants, regardless of the source ofthe pollutants. This exclusion applies whedier tbe bodily injuiy or properfy darnage is caused by, arises &om, results from or is attributable to any other cause acdng in conjunction with said pollutants. g. Aircraft, Auto or Watercrafi ' Bodily injury or properfy damage arising out of the ownership, -maintenance, use or entrustment to others of ariy aircraft, auto br watercra& owned, operated by, rented
or loaned to any insured. Use includes operation, loading and unloading. This exclusion does not appfy to: ' (1) A watercraft while ashore on premises you own or rent; (2) A waterciait you do not own that is: (a) Less than 26 feet long; and (b) Not being used to cany persons or properfyfora charge; (3) Parking an auto on, or on the ways next to, premises owned or tented by an insured, provided the auto is not owned by, rented or loaned to you or an insured; (4) Liabilify assumed onder an insured contract for the ownersliip. maintenance or use of aircraft or watercrafi; or (5) Bodily injury or property riaiaage arising out of thc operation of eny ofthe equipment listed in paragraph f.(2) or C(3) of tbe definition of mobile equipmerit (Section V, Paragraph 11). h. Mobile Equipment Bodily injury or proper^ damage arising out of: ' (I) The tranôrtation of mobile equipment by an auto owned, operated by, rented or loaned to any insured; or (2) The use of mobile equipment in, or while in practice or prepaiation -for, a prearranged racing, speed or demolition contest, or in any stunting activity. i. War Bodily injury or properfy damage due to war, whether or - not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. . j. Damage to Properfy Properfy damage to: (1) Propetty you own, rent or occupy; (2) Piemises you sell, give away or abandon, if the properfy damage arises out of any part 'of those preinises; (3) Property loaned to any insured; (4) Personal property in the care, custody or control of any insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirecdy on your behalf are performing operations, if the properfy damage arises out of those operations; - or OCCUR (ED. 12/00)
(Page2of 14)
Exhibit A0019
(6) That particular pan of any properfy tbat must be restored, repaired or replaced because your work was incorrectly perfonned on it This exclusion applies to liabilify assumed under an Insured contract except that paragraphs (3), (4), (S), and (6) of this exclusion do not apply to liability assumed under an insured contract that is a side trade agreement Paragraph (6) of this exclusion does not apply to properfy damage included in the products-completed operations hazard. k. Damage to Your Product
0. Asbestos/Silica Dust Any liabilify for bodily injury or properfy damage caused by asbestosis, silicosis, mesothelioma, emphysema, pneumoconiosis, pulraonao' fibrosis, pleuritis, endothelioma or aoy lung disease or any ailment caused by, aggravated by exposure, inhalation, consumption or absorption of asbestos fibers or dust or silica dust This (lolUqi does not have any obligation to defend nor iisdMiinify'ahy'"insK arising directly or indirectfy to exposure or alleged exposure to asbestos .or silica dust in anyfeimor manner whatsoever. p. Fines or Penalties Claims based upon or arising out of a fine or penahy imposed by or under any law, statute, ordinance of any federal, state or municipal go'vemment agency. q. Punitive or Exemplary Damages Claims for PUNTnVE or EXEMPLARY DAMAGES, fines or penalties.' r. Aircrafi Bodily injury or properfy damage arising out of the products hazard relating to aircraft includirig. missiles or spacecraft, any ground support or control equipment used therewith, and any articlefemishedby any insured and installed in aircrafi, or used in connection with aircrafi, or for spare parts for aircraft, or tooling used for flie manufacture thereof, including ground handling tools and equipment; training aids, instruction manuals, blueprints, en^neering or other data, advice and services and labor relatmg to such aircraft or articles, or to any liabilify arising out ofthe grounding of any aircraft Grounding shall mean the 'withdrawal of one or more aircraftfiomflightoperations or the imposition of speed, passenger or load restrictions on such aircraft, or any part thereof sold, handled or distributed '.by any insured, or manufactured, assembled of processed by any other person or organization according to specifications, plans, suggestion^ orders or drawings of any insured, or with tools, machinery or other equipment fumished to such persons or organizations by any insured, whether such aircraft so-withdrawn are owned or operated by the same or different persons or organizations. It is further agreed tbat wherever the word airaaft is used, it is always to include missiles, spacecraft, and any ground .wpport or control equipment used therewith. s. Absolute Earth Movement Bodily injury or properfy damage arising from, related to or resultingfiomearth movement, regardless of the cause of the earth movement. Earth movement includes landslide ' earthquake, subsidence, mudflow, sinkhole, erosion, loss of lateral or subjacent support and the expanding, rising, falling, shifting or contracting of earth.
Properfy damage to-your product arising out of it or any , part of it I. Damage to Your Work Property damage to your work, in whole or in part, included in the product-Hximpleted operatiohs hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was psrformed on your behalf by a subcontractor^ m. Damage to Impaired Propeity Properfy damage to unpaired properfy arising out of: (1) A delay or failure by you or anyone acting on your . behalf to perform a contract or agreement in accordance widi its terms; or (2) A defect, deiiciGn^, inadequacy or dangerous condition in yonr product or your work. This exclusion does not appfy to the loss'of use of other properfy arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. n. Recall of Products, Work or Impaired Properfy Damages claimed for any loss, cost br expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjusbnent removal or ' disposal of: (1) Your product; 9) Your work; or (3) Impaired properfy; if such product, worit, or properfy is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it
(Page 3 of 14)
OCCUR (ED. 12/00)
Exhibit A0020
. This exclusion only applies to bodily injury and properfy damage lhat is included in the products-completed operations hazard. t Nuclear Energy Any claim for bodify injury or properfy damage: (1) (a) With respect to which an insured under the policy.is also.an.insured.Lund.er,a..Ni!.d<sv,Energy. Liabilify policy issued by Nuclear Energy Liabilify Insurance Association, Mutual Atomic Energy Lbbilify Underwriters or NuclearInsurance Association df Canada, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (b) Resulting fiom the; hazardous properties of nuclear material and with respect to which (1) Any person or organization is required to maintunfinancialprotection pursuanl to the Atomic Energy Act of 1954, dr any taw amendatory thereof; or (2) The insured is,- or had this policy not been issued, would be, entitled to indemnify 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 organization. (2) Un'der any medical payinents coverage, or under any supple'mentaiy payments provision relating to first aid, to expenses iiicurred with respect to bodily injury resultingfiomthe hazardous properties of .nuclear material and arising out ofthe operation of a nuclear facility by any person or otganlastion. Under any liablli^ coverage, to bodify injury or properfy damage resulting from the hazardous properties of nuclear material if: (a) Tlie nuclear material: (1) Is at any nuclear facilify owned by, or operated by or on behalf ofan insured or (2) Has been discharge or dispersed there-, fiom; (b) The nuclear material is contained in spent fuel or waste at anytimepossessed, handled, used, processed, stored, transported or disposed of by or on behalf ofan insured; or (c) The bodily injury or properfy damage arises out of thefemishingby an insured' of services, materials, parts or equipment in coimection with the planning, constiuction. maintenance, operation or use df any nuclear facilify, but if suchfecilifyis located within The United States of /\iherica, its territories or possessions or Canada, this Exclusion applies only to properfy damage to such nuclear facility and any property thereat (Page 4 of 14) y. u. Lead
(d) For the purposes of this exclusion only, properfy daniage includes all forms of radioactive contamination of properfy.
Bodify injury or properfy damage arising out of the Ingestion, inhalation or absorption of lead in any form. Any loss, cost or expense arising out of any request, .. ....demand.or.order that.any.insur^.or.others ten.for, mpn|.tor,.. clean up, remove, contain, treat detoxify or neutralize, or in any way respond to, or assess the effects of lead; or any ' loss, cost or expense arising out of any claim or suit by or on behalf of a governmental authorifyferdamages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralinng, or in any way responding to, or assessing the efTccts of lead. v. Employment Practices Bodify injury-arising out of ariy: ' 1. Refusal to employ;
2. Termination of employment; 3. Coercion, demotion, evaluation, reassignment, discipline, defemation, harassment humiliation, discrimination or other employment-related practices, policies, acts of omissions; or Consequential bodily Injury as a result of (1) through (3) above.
4.
This exclusion applies whether the insured may be held' liable as an employer or in any capacity and to any obligation to share damages with or to repay someone else who must pay damages because ofthe injuiy. w. Formaldehyde-Exclusion Any liability fof bodily iiyury or properfy damage arising out of any product containing or anyfermof formaldehyde br chemically related compounds or substances. X. Electromagnetic Radiation . Bodily injury -or properfy damage arising out of any actual, all^d or threatened exposure co any electromagnetic fields. Repair Work . Claims fer properfy damage or bodily injory arising from, related to or contributed to by repair work to conect deficiencies in work originalfy perfonned by an insured. z. Mold or Mildew Any liabilify of an insuredforbodily injury or property damage arising fiom or caiised by the existence, of or exposure to biolo^'cal elements, mold, fungus or miMew.
(3)
OCCUR (ED. 12/00)
Exhibit A0021
Exclusions c. .through n. do not apply to damage by fire to premises rented to you. A separate limit of insurance applies to this coverage as described in the LIMITS OF INSURANCE {SECTiON III). COVERAGE B. PERSONAL ADVERTISING INJURY LIABILITY -1;--INSURING AGREEMENTINJURY --~ : AND
(1) Assumed by the Named Insured in a 'written contract or written agreement that is an insored contract, provided the personal injury or advertising Injury occurs subsequent to the execution of the written contiact or written agreement and provided the properfy damage or bodily injury results from the negligence, fault or comparativefeultof the Named Insured and is not otherwise excluded by the terms of this policy, or (2) ' Coverageforliabilify assumed by the Named Insured in a wiitten contract or writlen aêement shall only be to die extent of the. negligence orfeultof the . Named bisured according to applicable principles of compardtive feult c. Workers Compensation and sirnilar laws .
a. - We will pay those sums (hatyou become legally obligated to pay as damages -for personal injury or advertising injury tb which this coverage pait applies. We will have the right and duly to defend any suit seeking those damages, unless an insured has ariother policy of insurance which obligates another insurer to provide a defense, in which case, our duty to defend is excess. We m^ at our discretion in-vestigate any offense and settle any claim or suit that may result But: (1) The amount we will pay for damages is limited' as described in LIMTTS OF INSURANCE (SECTION Uf)(2) Subject to (1) above, ourrightand dufy to defend end when we have used up the applicable limit of insurance by payment ofjudgments or settlements under Coverage A or B. or Medical Expenses under Coveragp C. No other obligation or liabilify to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS COVERAGES A AND B. a. This insurance ^plies to: (1) Personal Injury caused by an offense arising out of yoor business, excluding advertising, publishing, broadcasting or telecasting done by or -fof you; Advertising injury caused by an offense committed in the course of advertising your goods, products or services.
- Any obligation, of an insured under a workers compensation, disability benefits or unemployment compensation law or any similaclaw. d.. Employer's Liability Personal Injury or Advertising Injury to: (1) An employee of an insured arising out of and in the course of employment by an insured regardless of who may be liable: of (2) The spouse, child, parent, brother, or sister of that employee as a consequence of (I) above. This exclusion applies: (1) Whether an insured may be'liable as an employer or in any other capacity; and (2) To any obliption to share damages wilh or repay someone else W o most pay damages because ofthe h mjury. mcludmg an insured contracit (3) Liability assumed by an insured in an insured contract.
(2)
But only if the offense was committed in the coverage, territory during this policy period. EXCLUSIONS: COVERAGE B This insurance does not apply to: a. . Expected or Intended Injury Personal Injury or advertismg injur? expected or mtendedfiomthe standpoint of an insured. b. Contractual liability Personal injury or advertising injury for which an Insured is obligated to pay damages by reason of the assumption of liabtli'ty in a contract or agreement This exclusion does not apply to liability for damages: (Page 5 of 14)
For the puipose of this excluaon only the term employee as used in tttis policy includes loaned, rented, leased or tonporaiy employees, as well as persons who qualify as borrowed servants or employees or persons who arc or may be deemed employees of the Named Insured or' an additional insured under the doctrines of borrowed servant borrowed employee, respondent superior or any similar doctrine,' or for whom the named or additional insured may be held liable as an ernployer. Absolute Pollution Personal Injury which, in whole or in part is caused by, results fiom, is attributable to, .contributes to or is aggravated by, the actual, alleged or threatened discharge, . dispersal, seepage; migration, release, escape of or exposure to pollutants, regardless ofthe source of the pollutants. This exclusion applies whether the personal injury is caused by, arisesfitim,resultsfiomor is attributable to any other cause acting in conjunction with said pollutants.
OCCUR (ED. 12/00)
Exhibit A0022
f.
War Personal injury due to war, whether or not declared, or any act or condition incident to. war. War includes civil war, insurrection,robellionor revolution.
2. Termination of employment: 3. Coercion, demotion, evaluation, reassignment discipline, defamation, harassment humiliation, discrimination or odier employment-related practices, policies, acts or omissions; or' 4. Consequential personal Injury as a result of (1) through (3) above. ' Th'is'exclirsib'n'''a''pplles''wbelher''the'~in be'beld liable as an employer or bi any capacify and to any obligation to share damages with or to repay someone else who must pay damages because of the injury. m. Lead Personal injury ariang oiit of the ingestion, inhalation or absorption of lead iri any form. Any loss, cost or expense arising out of any request demand or order that any insured or olheis test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the .effects of lead; or ariy loss, cost or expense arising out ofany claim or suit by or on behalf.of a govemmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or-in aiiy way responding to, or assessing the effects of lead. n. ' Formaldehyde Exclusion Any liability for personal injury arising out of any product containing or any form of formaldehyde, or chemically related compounds or substances. 0. Asbestos/Silica Dust Any liability for personal Injury caused by asbestosis,silicosis, mesothelioma, emphysema, pneumoconiosis, pulmonary fibrosis, pleuritis, endothelioma or any lung disease or any aliment caused by, aggravated by exposure, inhalation, consumption or absorption of asbestos fibers or dust Or silica dust. This policy does not have any obligation to defend nor indemnify any insured for claims or suits involving or arising directiy or indirectly to exposure or ' alleged exposure to asbestos Or silica dust-in any form or manner whatsoever. p. Electromagnetic Radiation Persona! injury arising out of any actual, alleged or. threatened exposure to any electromagnetic fields. q. Mold or Mildew Any liabilify of an insured for personal injury arising fiom or caused by the existence of or exposure to biological elements, mold,fiingusor mildew. r. Absolute Earth Movement Personal.injuiy arisingfitim,relatedto or resulting fiom earth movement, regardless of the cause of the earth - movement Earth movement includes landslide earthquake, subsidence, mudflow, sinkhole, erosion, loss of lateral or subjacent support and the expanding,-rising,falling, shifting or contracting of earth. .(Page 6 of 14) OCCUR (ED. 12/00)
g.
Fines or Penalties Claims based upon or arising out of a fine or penaify imposed by or under any law, statute, ordinance or any federal, state of muriicipil gbvem'iiiieni a^ '
b.
Punitive or Exemplary Damages Claims for PUNFTIVE or EXEMPLARY DAMAGES, fines or penalties.
i.
Persona] Injury and Advertising Injury (1) Arising out of oral or written publication of material, if .done by or at the direction of an insured with knowledge of its falsify; /^rising out .of oral or written publication of material, the first publication of which took place before the beginning of the policy period; Arising out of the willfiil violation of a penal statute or ordinance committed by or with the consent of any iiisured; or For which any insured has assumed liability jn a contract or agreement This exclusion does not apply to liability for damages that an insured would have in the absence ofa conbact or agreement
(2)
(3)
(4)
j.
Advertising Injuiy arising out of: (1) (2) (3) The failure of goods, products or services to conform widi advertised quality or performance; The wrong description of the price bf goods, products or services; An offense committed by an insured whose business is advertising, broadcasting, publishing or telecasting; Misappropriation of advenising ideas or sfyle-of - doing business; Infringement of copyright, title, patent or slogan;or Oral -or written publication of material that disparages a person's or organization's goods, products or services.
(4) (5) (6)
k.
Trade Secrets Claims of infringement misappropriation or violation of any trade secrets rights, laws or statutes. 1. Employment Practices Personal injury arising out of any: 1. Refiisal to employ;
Exhibit A0023
SUPPLEMENTARY PAYMENTS - COVERAGES A and B We will pay, withrespectto any claim or suit we defend: 1. All expenses we incur. 2. Up to S250 for cost of bail bonds required because of accidents or baffic law violaions arising out ofthe use ofany vehicle to whjchJheJBpdify I Liabilify Coverage applies. We do not have to fumish tiiese bonds. ~ " 3. The cost of bonds to release attachments, but only for bond amounts within die applicable limit of insurance. We do not have to ftiiTiishtiiesebonds. 4. AJl reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of Uie clainti or suit, including ectual loss of earnings up to SIOO a day because of time offfromwork. '5. All costs awarded against an insured in die suit 6. Prejudgment interest awarded against an insured on that pait of thejudgment we-pay. Ifwe make an offer to pay the applicable limit of insurance, we will, not pay any prgudgmcnt interest based on tbat period of time after the oifer. 7. All interest on the full amount of any judgment that accrues after entiy ofthejudgment and before we have pud, offered to pay, or deposited in court that part of the judgment that is witiiin the coverage of this poli^ and the applicable limit of insurance. These payments will not reduce the limits of insurance. COVERAGE C. MEDICAL PAYMENTS .1. INSURING AGREEMENT a. We will pey medical expenses as described beloiy for -bodily injury caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own orrent;or provided that: (1) The accident takes place in tbe coverage territory and during the policy period; (2) The expenses are incurred .and reported to us within one year of the date ofthe accident; aiid (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonabfy require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. - We will pay reasonable expenses for: (1) First aid at thetimeof an accident; (Page 7 of 14) e. f. g.
(2) Necessaiy medical, sur^'cal, x-ray and dental services, including prosUietic devices; and (3) Necessary ambulance, hospital, professional nursing andfeneralservices. EXCLUSIONS We will not pay expenses for bodily injury: a. To any insured.
b. To a person hired to do work for or on bebalf of any insured or a tenant of any insured. c d. To a person injured on lhat part of premises any insured owns or rents that the person noimally occupies. To a peison, whether or not an employee of any insured, if benefits fortiiebodily injury are payable,or must be provided under a workers' compensation or disability benefits law or a similar law. To a peison injured while taking part in athletics. Excluded under Coverage A. Due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, . rebellion or revohitton.
SECTION n - WHO IS AN INSURED 1, If you are designated in the I3ecIarations as: a. An individual, y.ou and your spouse are insureds, but onfy wiUi respect to die conduct of a business of which you 'are . the sole owner and which is set forth in the Declarations.
b. A partnership or joint venture, you are an Insured. Your members, your partners, and their spouses are also insureds, but only with respect to tiie conduct of your business. c. An organization other than a 'pertneiship or joint venture, you are an insured; Your executive officers and directors are insureds, but onfy-with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liabilify as stockholders.
2. Each ofthe following is also an insured: a. Vour employees, othertiianyour executive officers, but only for acts within the scope of their employmeni by you. However, no employee is an insured for: (I) Bodily injury or personal injury to you or to a . co-employee while In the course of his or her employment, or the spouse, child, parent, brotbsr or sister of that co-employee as a consequence of such bodily injury or personal injury, or for any obligation to sbaie damages with orrepaysomeone else, who must pay damages because of die injuiy: or OCCUR (ED. 12/00)
Exhibit A0024
(2) Bodify injury or personal injury arising out of his or her providing or failing to provide professional health care services, or (3) Properfy damage to properfy owned or occupied by or rented or loaned to that en^loyee, any of your other employees, or any of your partners or members OT you are a partnership or joint venture). ~b'. c. 'Any "person (otherthan-youremployee)j or--any--organization while actirig as your real estate manager. Any person or organization having proper temporary custody of your properly ifyou die. but only: (1) With respect to liability arising out of the muntenance or use of that property; and (2) Until your legal.representative has been appointed.. d. Vour legal .representative ifyou die, but onfy with respect to duties as such. That representative will have all your rights and duti.es under this Coverage Pan.
6. The term insured, as used in diis policy,refersto all persons or oiganizations who meet a definition of insiired contained m SECTION II or are named an insured in an endorsement attached to the policy. No person or organization is an insured with respect to the conduct ofany cuircnt or past partnership or joint venture that is not shown as a Named Insured in the Declarations. SECTION UI - LIMITS OF INSURANCE 1. The Limits of Insurance shown in die Declarations and the rules belowfix'themost we will payregardlessof die number of: a. b. c. Insureds; Claims m d or suits brought; or ae Persons or organizations making claims or bringing suits.
2. The General Aggregate- Limit is the most we will pay for the sum of: a. b. Medical expenses under coverage C; Damages under Coveiage A, except damages because of bodily Injury or p.roperfy' damage included in die 'product5<ompleted operations hazard; and Damages urider Coverage B.
With respect to mobile equipment registered in your name under any motor vehicle registration law, any person is an insured while .driving such equipment along a public highway with your peirnission. Any other person or organization responsible fortiieconduct of such peison is also an insured, but only with respect to liabilify arising out ofthe operation of the equipment, and only if no'other insurance of any kind is available to tiiat person or organization for this liabilify.However, no person or organization is an insured with respect to: a. b. Bodify injury to a co-employee of the person driving the equipment; or Property damage to propeity owned by,rentedto, in the charge of or occupied by you or the employer of any person who is an insured under this provision.
c.
3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in die productscompleted operations liazard. 4. Subject to 2. abovj:, the Personal and Advertising Injury Limit is the most we will pay under Coverage Bforthe sum of all damages because of all personal injury and all advertising injury sustained by any one person or organization. 5. Subject to 2. or 3. above, whichever applies, the Each Occurrence limit is the most we will pay for tlie sum of: a. b. Damages under Coverage A; and Medical expenses under Coverage C because of all bodily injury ahd properfy damage arising out of any one occurrence. The Fire Damage Limit is the most we will pay under Co-verage A for damages because of properfy damage to premises rented to you arising out ofany one fire.
Any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership or majorify interest, -will qualify as a Named -Insured if there is no odier similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 90th day afier you acquire or foim the organizati'on or the end of the policy period, whichever is earlier, Coverage A does not apply to bodily injury or properfy damage that occurred before you acquired or formed the organization; and Coverage B does not apply to personal injury or advertising injury arising out of an offense committed before you acquired or formed the organization.
c.
b.
c.
d. Thc Medical Expense Limit is the most we will pay under Coverage C for all medicai expenses because of bodify injury sustained by any one person. 6. Thc most we will pay fortiiesuni of all damages under bodily injury or properfy damage under all issued policiesforany one claim or suit is a single aggregate limit of insurance. This aggregate limit of insurance is equal to die largest aggregate of insurance for such coverage of any single issued policy, and not the sum thereof
Any other person or entify named by endorsement to this policy as an insured or additional insured, but only to the extent and -with die limitations set forth in said endorsement
(Page 8 of14).
OCCUR (ED. 12/00)
Exhibit A0025
Tbe limits of tbis Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting witiittiebeginning of die policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that cas% the additional period will be deeined part of the last preceding period fbr purposes of determining the Limits of Insurance. SECTION JV - C O M M E R a A L GENERAL LLVBILITY CONDITIONS We have no dufy to pfovide coverage or defense under this insurance uniess you and any other involved insured have fully complied with the conditions contained in this insurance. 1. BANKRUPTCY Bankruptcy or msolvency of the insured or of the insured's estate will not relieve as'of our obligations under diis Coverage Part '2. CANCEaATION a. The first Named Irisured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. . We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: (1) .10 days before the elective date of cancellation if we cancelfornon-payment of premium; or (2) 30 days before tbe effective date of cancellation if we cancel for any other reason. c We will mail or deliver our notice to the first Named Insured's address shown in this policy.
(2) die earned premium as computed by such customary short-rate procedure of the minimum and deposit premium if die first Named Insured cancels, or as computed pro rata ifthe company cancels. Ifnolicc is.mailed, proof of mailing will be sufficient proof of notice. 3. CHANGES This po^cy contains all tiie agreements between you and us conceming the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our written consent This polic/s terms can be amended-or waived only by endorsement issued by us and made a pan of tbis polig'. 4. EX/VMINATION OF YOUR BOOKS/VND RECORDS We may examine and audit your books and records as they relate to this policy at anytimeduring the policy period and up to three years afterward. 5. INSPECnONiS AND SURVEYS We have the right but are not obligated to: a. b. c. Make inspections and surveys at any time; Give you reports on the conditions we find; and < Recommend changes.
b.
Any inspections, surveys, reports or recommendations relate only to insurability and tbe premiums to be charged. We do not make safefy inflections. We do not undertake to perfoim the dufy of any peison or organization to provide for the healtb or safefy of workers or tiie public. We do not wanant that conditions: a. b. Are safe or healtiifel; or Comply with laws,regulations,codes or standards.
d. Notice of cancellib'pn will state die efiective date of cancellation. The poii^ period will end on that date - < e. If this policy is cancelled, -we will send the first Named Insured any premium refimd due as follows: (1) ifwe cancell the refiind will be pro rata; or (2) ifthefirstNamed Insured cancels, therefendmay be less than pro rata and will be computed by die Company's customary short-rate procedure. The cancellation will be effective even if we have not made or ofiered arefend.Notwithstanding theforegoing,ifthe Coinpany has elected to audit the polity rate basis under the provisions of Section IV. - Policy Conditions, Paragraph 4. - EXAMINATION OF YOUR BOOKS AND RECORDS hereof thefirstNamed Insured agrees to pay the higher of: (1) the eamed premium as computed by such audit; or
These conditions apply not only to us, but also ta any rating, advisory rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 6. DUTIES IN THE EVENT OF AN OCCURRENCE, OFFENSE, CLAIM OR SUIT a. The insured must see to it that we are notified immediately of an occurrence which may result in a claim. Notice should include: (1) How, when and where the occurrence or offense took place; (2) The names and addresses of any irtjured persons and wimesses; and (3) the nauire and location of any injuiy or damage arising out of the occurrence or offense.
(Page 9 of 14)
OCCUR (ED. 12/00)
Exhibit A0026
b.
If a claim is brought against an insured, tbe insured musr: (1) Immediately record the'specifics of the claim or suit and the datereceived,and (2) Notify ns as soon as practicable, but not more than ten (10) days following initial receipt of die claim.
or damage on behalf of the insured is also excess, as set forth in paragraph b. below,ttienwe will share with all that other excess insurance by the method described in c. below. -b. Excess Insurance This insurance is excess over any other insurance naming an insured, whedier such insurance is primary, excess, contingent or contributing. This insurance may not be used io..satIsfy.any..deductib!iLprj5elf:^^^ an insured may owe as a result of loss, .damage or injury. Whentillsbisurance is excess, we will bave no dufy under Coverage A or B to defend any claim or snit that any other insurer has a dufy to defend. When tbis insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds die sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured retention amounts under all otber insurance. We will share the femaining loss, if any, with any other insurance ttiat is not described in this Excess Insurance provision and was not bought specifically to a^ply in excess ofthe Limits of Insurance shown in tbe Declarations ofthis Coverage Part c. Method of Sharing Where paragraph b. is applicable, and this insurance must share widi other excess insurance, the following method of sharing shall be followed: If all of the other contributing excess insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of die loss remains, whichever comes first If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based upon die ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers providing excess coverage. The above methods of sharing will also apply where no primary insurance, as set forth in b. above, is applicable to the loss. In such instance, all applicable deductibles and/or self-insured amounts must first be exhausted before this insurance will apply. 9. PREMIUM AUDIT a. b. We will compute all premiums for this policy in accordance with our rules and rates. If the premium for this policy is designated as a MINIMUM AND DEPOSIT PREMIUM, Uien tiic Company shall be entitled to retain that premium in fell, notwithstanding any subsequent audit showing an eamed premium to be less than the amount designated as the OCCUR (ED. 12/00)
You must see to it that we receive written notice of the claim or ...suit.as .soon..as..piacticable,. but .ao..Ef^^.:^?S..Sr!i .(.1.0),J!!?>5 following initial notice of an occurrence or ot&nse. Failure to comply wiUi this notice provision may resutt in the elimination of coverage under this policy. c. You and any ottier iiivolved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection widi the claim or suit; (2) Authorize ns to obtain records and other information; (3) Cooperate with os in the investigation, settlement or defense of the claim or suit; and (4) Assist us, upon our request in the enforcement ofany right against any person or organization which may be liable to the insured because of injury or damage to which this insurance m ^ also apply. d. Tbe Company shall not be liable for any cost payment expense (including legal expense) or obligation assumed or incuned by an. insured wilhout the Compan/s express consent Nothing in this subparagraph d. shall be construed to expand upon coverage nor lengthen or expand the periods in which claims or-suits arie to be reported as set forth in paragraphs a. through c ofthis Section.
...
7. LEGAL ACTION AGABIST US No person or organization has arightunder this Cdvcragc Part: . a.. To join us as a patfy or otherwise bring us into a suit asking for damages irom an insured; or b. To sue us on this Coverage Part unless all of its terms have, beenfellycomplied witii.
A person or organization may sue us to recover on ah agreed settlement or o'n a final judgment against an insured obtained afier an actual trial; but we will not be li^le for damages that are not payable under the terms of this Coveiage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement andreleaseof liability signed by us, die insured and the claimant or the claimant's leg^ representative. 8. OTHER INSURANCE If other insurance is available to an insured for a damage we cover under Coverages A or B ofthis policy, our obligations are limited as follows: a. Primaty Insurance This insurance is primaiy except where paragraph b. below . applies. When other insurance applicable to the loss, injury (Page 10 of 14).
Exhibit A0027
MINIMUM AND DEPOSIT PREMIUM. In no event shall all or any jMrt of a MINIMUM AND DEPOSTT PREMIUM bereturnableto aoy Named Insured predicated upon the results of any general audit or audit of payroH, receipts or sales. Notwithstanding theforegoing,a MINIMUM AND DEPOSIT PREMIUM is subject to an upvrard adjusbnent if an audit shows that the total eamed premium exceeds the MINIMUM AND DEPOSTT PREMIUM. Inttiatcase,' the jtmount by which die total eamed premium exceeds die MINIMUM AND DEPUSTT PREMIUM sKai Be'due'-and ' payable on notice to thefirstNamed Insured. c. - The first Named Insured must keep records of the inforniation we need for the premium computation, and send us copies at suchtimesas we may request d. If the first Named Insured refiises to allow the Coinpany access to itsrecords-sufiiciently to conduct such audit of the policy teim, then the Company shall, at its sole discretion, have tbe option tq puisue either one of die 'following: (1) To initiate all av^bie legal and/or equitable remedies available in a court of proper jurisdiction to enforce and accomplish'the subject audit; or ' (2) To invoice the first Named Insured for an additional premium equal to THE GREATER OF twenfy-five . percent (2S%) of the original miiuinum and deposit premium shown on the declarations page of this policy orfivethousand dollais (S5,000). e. Additional premhims invoiced under option (2) of the above Section IV, Paragraph 9.d. are due and payable on such invoicing io thefirstNamed Insured. Interest allowed by the Insured's state laws, dr if no such laws,ttienten percent-(iO%) interest shall begin to accme thirty (30) days afier such in-voicing on all amounts due fiom die first Named Insured under said Section TV, Paragraph 9.d. above. The first Named Insuredfiirtheragrees to pay the Company, upon demand, allreasonableattorneys' tets, collection costs, and court costs required by the Company to enforce itsrights'andremediesunder either option (I) or option (2) set forth in said Section IV, Paragraph 9.d. above. Any single waiver by die Company of auditing the subject policy, mcluding but not limited to waiving the audit upon a remm premium, shall not act as a continuing or permanent waiver, andttieCompany shall still have the right to audit at anytime,at hs sole discretion, for said three year time period following the termination date of the subject policy.
a.
The statements in the Declarations are accurate and complete;
b. Those statements a.'e based upon representations you made < to us; and c. We have issued this policy in reliance upon your representations.
12. SEPARATION OF INSUREDS Except with respect to the Limits of Insurance and anyrighisor duties specifically assigned in this Coverage Part to die first Named Insured, this insurance applies: a. b. As if each Named Insured were the onfy Named Insured; and Separately to each insured against whom claim is made or suit is brought
13. TRANSFER OF RIGHTS - OF RECOVERY AGAINST OTHERS TO US If any insured has die right to recover all or part of any payment we have made under this' Coverage Part,' those righis are transferred to us. An insured must do nottiing after loss to impair these rights. At ourrequestan insured wilt bring suit or transfer thoserightsto us and help us enforce them. 14.'TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY Vourrightsand duties under this policy may not be ttansferred without our written consent except in 'the case of death of an - individual Named Insured. If you die, your rights and duties under ttiis policy will be transfened to your legal representau've, but only while acting within the scope of duties as your legalrepresentative.Until your legal representative is appointed, anyone having proper . temporaiy custody of your property i ^ l l have yourrightsand duties, but only wilhrespecttottiatpropetty. SECTION V - DEFINITIONS 1. /Vdvertising injury means injury other than bodily injury or personal injury arising out of one or more of die following offenses committed in.ttie course of and through the'means of an insu red's advertising activities: a. b. Oral or written publication of material that slanders or libels a person or organization; Oral or written publication of material ttiat violates a person'srightof privacy;
f.
10. PREMIUMS ' .ThefirstNamed Insured.shown in the declarations: a. b. Is responsibleforthe payment of all premiums; and WiU. be the payeeforanyreturnpremiums we pay.
2. Auto means a land motor vehicle; trailer or semi-trailer designed for travel on publicroads,including any attached machinery or equipment Auto does not include mobile equipment. 3. Bodify injury means physical .injuiy, physical sickness or physical disease sustained by any person, including deatii resulting therefrom. Bodily injury does not include shock or emotional, mental 'or psychological distress, injury, trauma or anguish, or other similar condition. (Page 11 of 14) OCCUR (ED. 12/00)
11. REPRESENTATIONS By accepting this policy, you agree:
Exhibit A0028
4, Claim or Claims rneans a request or a demandreceivedby any insured or the Company for moaey or services, including the service of suit or institution of arbitration proceedings against any insured. 5. Coverage territory means:
d.
/\n obligation, as required by ordinance, to indemnify a . mum'cipality, except in connection with work for a municipality; An elevator maintenance agreement; That part of any ottier conbact or agreement pertaining to your business (including an indemnification of a municipalify in connection with work performed-for a muniRipality),.un.djaJS.W5h,you_aium^ another parfy to pay for bodily Injury or properfy damage to a third peison or organization, but oniy if such .bodily injury or properfy damage is nbt excluded by the terms of the policy, and arisesfiomyour work performed during the policy period.
e. f. a. b. Ttie United States of America (including its territories and possessionsX Puerto Rico end Canada; _ Intemational waters or airspace, provided the injury or damage does not occur in the course of travel or transportation to orfromany place not included in a. above or All parts of the world if: (1) The ittjury or damage arises out of: (a) Goods or products made or sold by you in the tenitoiy described in a. above; or (b) The activities of a person whose home is in the tenitoiy described ui a. above, but is avray for a shorttimeon business; and (2) Tbe insured's responstbilify to pay' damages is detennined in a suit on the merits., in the tenitory described in a. above or in a settlement we agree to. 6. 7. 8. Damage means the estimated money equivalent for loss or injuty sustained. Hazardous properties mean radioactive, toxic or explosive properties. Impaired propeity means tangible property, other than yoor product or your 'work, thai cannot be used or Is less useful because: a. It incorporates your product or your work, that is known or thought to be defective, deficient; inadequate or dangerous; or c.
An Insured contract does not includettiatpart of any contract or agreement: a. . That indemnifies any person or organization for bodily injory or properfy damage arising out of construction or demolition operations, vnOati 50 feet of any railroad properly and affecting any railroad bridge or trestle, tracks, roadbeds, tiirmel, underpass or'crossing; b. That indemnifies an architect' engineer or survcfyor for injuiy or damage arising out of: (1) Preparing, approving or failing to prepare or approve maps, drawings, opinions, -reports, surveys, change orders, designs or specifications: or (2) Giving directions or insbructions, or faijing to give ttiem, ifttiatis the primary cause of the injury or damage; Under which the msured, if an architect engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in b. above and supervisory, inspection or engineering services; br That indemnifies any person or organization for damage by fire to premises rented or loaiied to you.
d.
b. . Yoa have feiled to felfill Uie terms bf a contract or agreement; ifsuch property cah be restored to use by: ^. The repair,replacementadjustment orremovalof your product or your work; or b. ' Yourfelfillingthe terms of die coniract or agreement 9. Insured contract means: a. .b. c. A lease of premises; A sidetrack ag;reement; /Wy easement or real estate license agreement, except in connection with construction or demolition operations on or vrithin S feet of a railroad; O
10. Loading or unloading means die handling of properfy: a. b. c. Afier it is moved fiom the place where it is accepted for movement into or onto an aircraft, watereraft or auto; While it is in.or on an airerafi, watereraft or auto; or WhiI.e it is being moved from an aircraft, watereraft or auto to die place where it isfinallydelivered;
but loading or unloading does not include the movement of properfy by means of a mechanical device, other than a hand tmck,ttiatis not attached tottieaircraft, watercrafi or auto. 11. Mobile equipment means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers,fermmachinery, forklifts and other vehicles designed for use principally off public roads; OCCUR (ED. 12/00)
(Page 12 of 14)
Exhibit A0029
b. c. d.
Vehicles maintained for use solely on or next to premises you own or rent; Vehicles that travel on crawler treads; Vehicles, whether selffropelled or not maintained primarily to provide mobilify to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road consbuction or resurfecing equipment such as graders, scrapers or rollers; d.
of an insured atttiepremises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination ttiereof. or morettian2S0 grams of uranium 235; Any structure, basin, excavation, premises or place prepared or used for die storage or disposal of waste, and includes the site on which any ofttieforegoing is located, all operations conducted ori such site and all premises used forsuch-operationS:-
13. Nuelear Material means source material, special nuclear material or by product materlaL 14. Nuclear reactor means any apparatus designed or lised to sustain nuclearfissionin a self-supporting chain reaction or to contain a critical inass offissionablemateriaL 15. Occurrence means an accident including continuous or > repeated exposure to substantially die same general harm. 16. Personal Injury means injury, other than bodily injury, or advertising injury arising out of one or more ofttiefoUovdng offenses: a. False anest detention or imprisonnienq b. Malicious prosecution; c Wrong&l entry Into, or physical eviction of a person from, a room, dvrelli'ng or premises by an insured; d. Oral or written publication of material that slanders or libels a person br organization; or e. Oral of written publication of material that violates a ' person'srightof privacy. 17. Pollutant means' aiiy solid, liquid, gaseous or thermal irritants or contaminant^ including smoke, vapor, soot,femes,adds, sulfates, sulfites, alkalis, chemicals, waste, biological inaterial, mold, mildew and intan^bles which negativcfy affect the ' health and virelfere of people, disrupt ecological balance^ or desecrate .ttie environment and negatively impact plants and non-human spedes. Pollutant as used herein means any form of pollution as defined above which fomstttebasis for liability, whettier the pollution is said to cause physical injury or not which by' volume or timing or any otherfectoris said to giveriseto liabilify. 18. a. Products-completed operations hazard includes all bodily injury or properfy damage occurring away from premises you own orrentand arising out of your product or your work except: (1) Products tiiat are still in ypur physical possession; or (2) Work diat has not yet been completed or abandoned. b. Vour work will be deemed completed at the earliest of the following times': OCCUR (ED. 12/00)
e.
Vehicles not described in a, b., c. or d.- above Uiat are not self-propelled and are maintained primarify to provide mobility to permanently attached equipment of the follo'wing fypes: (1) Air compressors, pumps and generators, including spraying, welding, building, cleaning, geophysical exploration, lighting and -well servicing equipment; or
'. (2) Cherry pickers and similar devices used toraiseor lower workers; t Vehicles not described in a., b., c. or d. above maintained primarily for purposes odier than die transportation of persons or cargo.
However, self-propelled vehicles with thefollowingfypesof permanently attached equipment-are not mobile equipment but will be considered autos: (1) Equipment designed primarily for: (a) Snow removal; (b) Road m^ntenance but not constroction or resurfacing; (c) Stieet cleaning (2) Cherry pickers and similar devices mounted on automobile of truck chassis and used toraiseor lower workers; and (3) Air compressors, pumps and generators, including .spraying, welding, building, cleaning, geophysical exploration, lighting and well servicing equipment 12. Nuclear facilify means: a. b. Ally nuclear reactor; Any equipment or device designed or used for. (1) separating the isotopes of uranium or plutonium. (2) Processing or utilizing spent fuel, or (3) Handling, processing or packaging waste: c. Any equipment or device used for the processing, febrtcating, or alloying of special -nuclear material if at any time the total aniount of such material in the custody (Page 13 of 14)
Exhibit A0030
(1) When all of the work called for in your contract has been completed. (2) When all of the work to be done atttiesite has been completed if your contract calls for work at more than one site. (3) When that part of thc-work done at a job site has been put to its intended use by any peison or organization .other-than -.another.- contractor.. or... subcontractor working on die same project Work th^ may need service^ maintenance; conectioii ' 'repair or replacement, but^|hich odierwise complete, will be treated as compfeted.v$ c. This hazard does not mlude booily injury or properfy daniage arising put of: ''*.,-.
.* J
23. Waste means any material: a. Containing by-product material otherttianttie.tailingsor wastes produced I>y the extraction or concentration of uranium or thorium Ifom any or processed primarily for its source material content; b. Resulting from the operation by any person or ' organization or any nuclear facilify included under thc furst.two.paiagraphs.ofthe.definitioa.ofnuclear.facilify; . and c. Any material or substances to be recyded, reconditionedor reclaimed, and any substance or material produced as a by-product or side effect of any process. 24. Your product means: a. Any goods or products, other than real property, ' manufactured, sold, handled, distributed or disposed of by: (1) You; (2) Otiiers trading under your name; or . ' . - lev-' (3) A person or organiation whose business or assets you. have acquired;.and b. Containers (other than vehicles), materials, parts or . equipment fernisbed in connection with such goods or products.
(1) The transportation of properfy, unlessttieinjuiy -or damage arises out of a condition in or on a -vehicle created by the loading or unloading of it; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; (3) Products or operations for which the classification in ttiis Coverage Part or fn our manual of rules includes products or eompleted operations: 19. Properfy damage means physical injury to langible properfy, including all resulting loss of use'oFdiat property. All sucli loss of use shall be deemed to occur at die time of the physical injury that caused it 20. Source material, special nudear material and by-product material have the meanings given them in the Atomic Energy Act of 1954 and any amendment thereto.' 21. Spent fuel means anyfiielelement or feel component solid or liquid, which has been used or exposed to radiation in a nuclear reactor. 22. Suit means a civil proceeding in which damage because of bodily injury, properly damage, personal injury or advertising Injury to which this insurance applies are alleged. Suit includes: ' a. An arbitration proceeding in which such damages are claimed and to which you must subniit or do submit witti our consent; or b. Any other altemative dispuie. resolution proceeding in which such damages are claimed and to wbich you submit M/ith our consent.
Your product includes: a. Warranties or representations made at any tune with respect to the fitness, qualify, durability, perfonnance or use of your product and The providing of or feilure to provide warnings or instructions.
'b.
Your product does not include vending machines or other . property rented lb or locaied for the use of ottiers but not sold. 25. Vour work means: a. Work or operations perfonned by you or on your behalf; and Materials, parts or equipmenl furnished In connection with such work or operations.
b.
Your work includes: a. Wananties or representations made at anytimewitti resped to die fibiess, qualify, durabilify, perfonnance or use of your worlq and The providing of or failure to provide warnings or instructions.
b.
(Page 14 of 14)
OCCUR (ED. 12/00)
Exhibit A0031
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tw; ti CQMIJAiaJl<X.'J5"Q^ s 1 ^33:1 3 ;?]}Xt)cc3c^\qEU>i4?^ OjUHig iM&iusiss iia t^^VBIs'WAB'OCS?, :-ifl DliEi9..l.---50^'iq/!:ft,3iva. I
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EXHIBiT_3.
Exhibit B0001
iuRis.:Q:tcmQ.w Am vmm
2.
4 -5
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Tliis: Court hgs j.uri.s-didtiqn oflhis actibn as- an unlimited eivil action., beeau.?e the
ainouTii ia coiiiroversy and the total aiuqiint. of drimages sought b.y ihe S tegalis .exceeds . 3. This Couiiiy is tlie proper v.ehu'efoi this aetipii as .the DeJe.nclaQts' alleged
iiegligence was G.on}mititfed;:an.affccmre'dih this Ctfunty, a^nd said ivegii:genee'resii:li&d in, artd caused -thfiPlai:tJti|fs toiSiileF substantial i m i W 4^)5^Ît? ^ Plaintiife' resijElertcss
9:
.ta
PS
and...perso.nal prdpertjfi al-l ef \vh.ieh ari: located inviWs Co.ynly. The propetty danw-ges suffered by. P l a i i M as a isssiiit-of fiefejdants' neîg8oe.Qs&Cvii:r&d m .lhis Counjy .and iare cpiit iîuing to .the p.r^.sefll.
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TliEPAjitXXES 4. Plaimiff J.QHN STEGALL is, imd st.fela^-atiltiitfe^!'was, an atliilt i.Fi.di<'i.ei.ua"l
50 1 6 ' 17 1# '19. 26 2! 22 23 '^4 25 3$ 27 2S
residi ng in S,fin.i;i;t-B.arbava C-i3unt:>^ 'C#fotM^ 5. .prainti-^f DAft-YL STEGAIX'45. .and at jdQViint .titaes-vyas., an adiUt iitdi vidua!
"resi.di.ng'in Santa B'&ftfam C-Qun'ty:, Galitocnia, t .Piaiiitiffs-allege 0 ? {nfymi^tibii-.aiid b.eMAat Kefehdanl MAia< TRAB'UCC'D JS 1 i ^ A m TmSUGCO M J K M M . (Ctefouhtnt MARK or'Ti^byecp"). At.all relevsatt -
an.-in(3ividw3l;doiQg bOsin%^
mABUGP-vs.FefeiTCdl0jAgreiK.aS;^
.times alleged herein., ffeabacettaftd.his biistncss op.?r9ls.d and/tu served as-a cfinstructiqii ccH.itraclor. 7. Pl.aixjtitil- arcLnot aware of the triie .naitics. of the dêtidailts sued as DOES l - 5.0.
Plaihti fe shdl- seek leavefffcotirt to anncnd tbh .CQinpifkipt' fvhcn .dae specific id<;ntlties at)d/or businsss citp.ad.t.i:e.s..'fiTthiise DOE defenfei-its are'dsee'rtained.. Phiintifft aUegd-on. inibxtnaiioa and belief thai eacli DQE defendant an intiiv-idual or bu..viness .cniilV. and at all rdev-aiit times ailegecl herein: each DOB defendani resided in, or pperated and/or
CC^lm.AINT rou NKGLlOiN f CONSTKl/rnOH & BRIIACI ! OF CONrHAf '1
Exhibit B0002
candiicted some cir all of its- business., or otherwise provided services, in Santa Barbara C'.otHixv,...Caliib.rni'a.. 8-,
4 '6-
Plaintiffs .al.bge oa info,imalion ahd belief lliat Triabiicc a.s \\'eil as 'each DQE
detendani E-aused, participateci .iu,, coniniilted. or is r:sp.on.îb'le for ihe negli|,enc-e'al.legcd :hpve]iXî^fffofn&g\igmt]y eauS'edWe'propmv' damages snffcrpd by the S'tega.ll.s .'as ailegtsd h'Cftîn. Plaintiffs alterjtatlvfcly allege oil ihibrraalion and belief ilt'sil, at-all rde.vanC tiines .idlegedhere.i^\ Trabiicc:0.!fl each "D0..4efen.(lant was the-agciHt &c aucKofi-zed
' reijreen.tatfV.eBf eaeh of iihe:OUre:rPe:feH.diu.its and was acting as the agent or authprized :TepveS^ntai:iy^:0f#eh s'f-ftielthiSr .Defendants in cornrnitcift-g, ]5arti;cipatiii:|.jn, or'being.
*
.c/i -5 13
vd ;rpspt);i}MbiiS:-fQic^.;the.n'egli^^^^^^
'bj^jihQ'^tega'flsf:. .1.? 1.3 Ill
of caused ihfe'propefiy daatjiges'SittTeri&d
H
'50
ALLEGAtrOlVS COMMQxN TQ A l L CA-U5:ES 0^ .4CtfQ.N 0. . Th&'ttegall-s* familiy home is located ai 5G:i ValJcy Ckb ;Ryad, .Montecito, 'California ^3-lW^..(il"ftSfi!dftace'l. The SiGgeills-' ijistai5tCo.ijipiainiaJle'geslliat .defeiic{atitT.r.abuceG.-fU5'gligea!:l^ the JStegalls' "R.-'.si'd^nct'.,.aad as. a r&siilt Q.f
16 .in 1? ISf 19 2 Q 21. 22 23 24 .23 26
j.'rabuctJO'^'^ njegiigetit eoins;ti'u.ecio:n, the Siegalis' lîi;vSi'iJ&nia.e' sil pt'eis.fwj.uE'tuiHiEtotis ctTnsrractijRn'de'feeis. Tli'esie cortsifiictien. d'efet's have reisulted;in c',flseqi.iaii;iai, signifeaiit; and.eQi.it;iuujng d.anl.age.s tp the Stegalls' 8.esr.dei.ise, their peiiSL(?i.YaI property, :4nd tkiSir l
A. 10.
The StegallADid NotDiscover the .Defects & bi>inag.(i.<; &s thev W.eio Latcuf^ TrabuccjQ epiiapleted'the construction of U.ie Resideiicic in or aboUt July 29, 199%
and' the Stegalls-raa\<ediir shortly there-after: i 1. yriiil recently, the Stegy'lis W =r .not avv-îre of Tr-abuc'bo's negligence nor were llMjy L se
awars of aivy of the eonsbiiction d'efecis described in the foUowing seeiions of thi.? , 2 . Complaint, bi2CiX'use Trabiicco's negligent coiistmciion and oonatruction defects were S cminM>ir FOR 'N'KnL'iGi:.N'rt'OiN.S'TKUt.".Ti(.''N & BRF.A(.:H o.'-'f."i)i\"f'.riA('.:'f
Exhibit B0003
latent,. (iarcfuUy hidjclcn irbni view,, not readily obseivabie, and nor olherwise discoverable based on reasonable diiigeiiee-and reasonable investigation by the Stegalls. 12: SiinJiariy, .uji'til recedfjy, the -Ste-ga'lls; -^vere not-aware- of the conseqiierttial a:.rid
rcsu\tmkprvt}srt\i damases msm^ Freni Ti-dbii'CCQ's negtigence and' negligent co'nsiruGfiO'nl Tlsese v;o;nseq;u,eiitial and resnltij'ig.ptopci'l.y. claniages are de-scribcd' in the following seccicais of tlVis'Gomp'lEi-iiit. The Stcgwlb allege an ifi.fo.n.n;Ttioii sntl belief that 7
OH
while-the $:tegaflk' consequ.<;ntial afld res.ialn.ng pixjperfy- dahtag^^^ were caused bv, and began oGcsu'iTing'Clur|;ng'0.r;shprd^ aStefj Ti:ab.u,Gcd%-negi.i,ge.!:it eoniiiinjcc.ion of the 'Resjden.cej.'thes6'du?idigeS:'\vere: latent, .an'd yygfe iha^dêrii'ed-bv shw. sradncd,
'8
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iJ
-CO
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prosres^îvefUtB^.'ridf'atidn nWdclamaê.tiQ ths S.tM&lU'' netii and per,wnal prope rry. .!3. This ,slo\v, gpadiial, ;|ind pr^&gi;ess'i^"e U'etefiofatioM:and. C(jriseqiien'tia.l d-aiti-age rd tbe
.ft
tuH-.a
>-i?>- z
12 1 3 1 4 50
.Stegalls' real.and. persoiial propeity was not otherwise reiidily discoverable or obaeryaMe hnsadrtnreaso'nahle'dilfgene.e anidl re.asoriable investitatlDo-by the Stegalls. 14. The'Stegal-lsreGently discovered, the full cxieni ofthe aforesaid: slmvLprogrifssiye,
ctetei'ibration artel .corisei;ue.ritia'l daitLage to their re'at- anil p.ijrsoiia] prope-rty, 5 well as the 1
< -2-
16 -eau.'St; G,f these daj.Ti.ages.. 17 1-5. lintii i;eiceHtiy,.:the Stegalls-also were.nDi a;vvai-e thai thiSir re-s.pii:aipry difficulties, atiyeisc bo:di-l'y reaGttpi.i.-!i. artd related
n m
2i 22 2'3 24 23
27 2S j!
prObl.eijis-\vi& thdr heailh, -^^^ . ^^ ^
persona/ iniruriesi (aJJ (if'wthich are Ma're- frilly al-legetl bfiUiw.') were taiLêd b.y, or'resulted horn inoltjând 'fuRgus:, liiqld. spores, gei'msi-.-.find other contaruiriari ts thait were pTopagatiiig and ciimrlating within theKe5j".de;.nt2.e.ai,id/OT.'b^^^^ lhe Residence ^ts-a direct
resolt &.f ri:abuEe&*s iiegligenpe and negligent coastryctioft. \^-l)ik tiie- full e.îeni of the Stegiills' respipatary diîca-liies atid -mrated pcKSO'iiai injii'Piesfeiscamenoiieeable in.- the: reseot-pa.st,.the Stegalls iillege o.n iiUbnnaaoh and belief that ihese'.personal i!.tjiii:ies'.hav.e aiovh?.. and padmtlv cfevahpei'L arui th^-se p&rs.onal. it.iiyrissfcist aocuryeeL and !,ks Sti^zalls' overall hmkh h&p.aiVdeie.Harinin9. upon flieir mrMiis into Oieir Reside nc? and hsinz exi3os&d to. mold mold spores, and other cantamnanis whic-h provaeitteii or
4 .('OMf'LAlN'l' l-'OI'< i-a;GLK'EN'r f.:!.yNi;'i'iU-.'CTIU-N & BREACH OI-'-TOMTlLVCi
Exhibit B0004
,2irmlatM midei''rmah antimthm the Residence as a r&.stdtj)L'raMmJLmsU^^^ cdnstrUctidn: 15.. nie slow, gradtiial, and progressive deiecioiation-and injurytothe -Stegalte'
regpiraipcy -'SS'st?n.ls and then: health as a result ofTOOld arid OTher cGtitaminanLS: was not
'5
-immediately aotj'c.eabk, observable, or discoverable based, dn i-eaioiiable diligctiee by flic St'(?-|a-i-is. 17. Xhfe.-Stpgîll's '.reeeinrly-diseov'eretJthey vvere ..5iilfferi;ig froitt-iiiovv b.i!t jjfogrBSiS.ively wt!seiiing=pg.re;na!..injrtr'i^'Sj. aivcl Elie-Stegalls'also recaitly dlsGoveMtrabiVCc:b''i? iijegjiigeflce Ayhlqh cjiused:-Uiesi^ personal iBjtrfj.^. IJicSte^Hfeg filed this la^/sim lj5ss tli|n. gne year after theit discovery . Tyal>ueco Pr6misetl.::RiasP0Usibjc Gon.simcfloii & .ConiptiajitcB wi.th M i Codes. . 'lg or.al?out early l:9?, th^ Sfegalls entereid' irito .negotiations wfth Tihabuceo &r the
6
.t.
^
n
'9
10-
u
.
l-l 12 1. 3 14 %, 1.8.
coustfiietionqf tlie Stegalls' Residence- from the '-'groniKi up." liiifiue'c: repatedly assured tire Siegal-ls that the Rssftletiee woai'd be GQnstaiensd
.>&f-.
- 3-^
Cl.
- P .|'9;. 7
1 . 6
<
tn
"in .a wforjcmaolike and responsible .nnaraier, and would GQffljjl-y with all building eoiias-aad -I'egulaticiifis.'
g
Q
18
"20,
Dii'r-.irig:the parties-' ..uegotiatitjns, Tmbuceo re-pijesemecl.tQ the Stegalls ihat.:h:e..hal
19 r&tehtl5:-.c<3'iflp.lcte-cl .the CQtislrti.ctiyn (sf-a hwrnv:- thai was ^n.e.tir-ly idcatieaJ iu .clgstgn fp'the -.
m.
11 22
i?:a?idenc.svhb^
"Stefalls-sought to btii.Ul. -and thereloce hi's-rfeiaent expmertce
^the
îDr-proj.eci'^v9uld'a0di'e that thii* Stegalls received a Ke-si'dertc-e ihcfi-poratirtg ap:p'i-opnal -or nBces.saTy materials and F.efle-cttng reasonable and'rssp.o.n3ible vvorklnnianship tliTOughouL
23 1 21.. In C)T-:ab0utthm 1998, in relianse on the prtjmiB'es and. reipresentations made by 24 25 T'cabucao, ineluding buf'-not liiriited to Trabuecd's .proiiiises ftnd.a.ssiira]iGes .describe'd ah..ave, the-Stegalis exeeiited a-wi-itten construction epntf act .wirh Trabiicci^j niider-vyhieh
2 5 the parties iigrfec.d! that Trabtie'co wouiicl provide his. expertise in -ssn-'iKg as tlie general < 2'7 ,c.6nti-aetorfb.f the eonSli'uciion of the Stegalls' Rtj-sidence (the "B-uilding-Corilract"). The wor-k,raateiial.s:const ruction, supervision, and all services provided by Trabucco as thc
COMCLAIN'r i-'C'B.'Ki-GLIGENT C0N6 UiliCTi'-'.M & f4KK,-\C!-! O - COMTkAC'l V
Exhibit B0005
contractor under the Building Cantract are eo..lleciiyely referred to herein as the "ConstruGtion Seivice.?." A.ime .aod correct copy ofihe Building Coniract is atiaclieyl herjsto, (indrtstfni5-.areinGorp.oratsd 22. Pursuant io the terms, of th.e l^.uildii.igjCt?ntrsct, the 'Stegalls- paid Trabucco in exces-.s
of'$l;4OO;O[;(36,O0 for the Coii^ti-uetianSei-vietsi. 6 7 S 23. Begi'rtniiig in iht; latter half of 19.ft8> Tnib'uec& cfAtamcnccd i;;c>n.si;i.'iicling lhe
RpsidehGe.: T.rahiicct) iNiCgrigfetttlv Cp^jit^^ct.a'd^ fhe Residenee & BFea:ch.cd the Owtract. -nirDLi^Qiit the gieriod of timG thai Trabueeo.pra-viêd liis-Construction: Sef\'i.ees,
0 C.
10; 2.4... .It li ft 50
CO
' D'abuccc! repcii^dl-y assured tlie ScegtHs that the -ttesidenee M M being cons't'ioicteia iii a. r-ea.so.nabk anjl vvorkniguiike inajwihvand in eorapl.iane.a wth buildirig codes and industry Standards. 2-5. tf.nbekno'vvnst to the gitegailsj h(yvvc.veri and' eontrary to Trabucto's pi-omises and
obligatiotis ander the.terai^s ofthe Buildin.gGontr&ei Trabucco was not constructing the Residence th'area^.oiiabl'e aqd .wdt'ldnatyilie iMniieir aiid the'Re-sidepce vv'as n.ot incorporating fiiateri.al=r or be3n;g'C:piiS}triic:i:ed. in epaipllance witlv building-codes ancj industrA? standards. 26.. .Instead, Ti'abi-icefi iê-giig'enittly'ld^viiiteid Brmiriu a.tjd failed to eoiftply vy.i.t;h-. indusify
2: .05
1.^ 17 ;i:8 20 21 222'324 25 26 27 2S
stand.ax.ds, re.asc>n;able stcmdsrds of vvti.ijkraaxi.^hip, .and bu.ij.dihg codeiS. 27', Tfabiiecq's negligegce ipeltided, biiit was not limit'Sid to, failing to assuve tha.i
appropriate and/or re.q.uired .Hiaterials ai?ui-i-'ea'fc*oaable and wGckmanlike .standards of i:\fjrlciiiian.ship Wtit beiagineouporaied'or beijig used iii cohsirii.ctin-g the .Residence. Trabucco repeatedly ijse-d,. approved,, and/or allowed inappropriate or substandard . mrrterials to be incprporaccd into ij)e RcsideneCj and'also used, app.ro.vcd, dirccicdi aucl'cif allowed inappropriaie, substandard, shtsdcly, and negl.i-gent-vvcirkma.03hip in eon.structing the Residence. - 6COl^lAfNT FOR Mt'Gl.!GI-M'r C'..iN.S'l'RUC:"ni..}N &. BIU-ACI-I Of- CO'N'tkAC !"
Exhibit B0006
1 2\S.. At ,n6 time did the' Stegalls impliedly ar e.KpressIy approvev request, tMrefct, or allow 'Trabuceo's negligent condu.ct aiid perforinance. ?
n-
29.
.lh.fact-, lihroughom ihe.constFiiGiion of the Residence, the^ S.tegalls .r.eg.ii.larly tmd .checked on tlie status t).ftiieegiistruetioo, and at all
..1...
P
.-co.mm.tioiegitedjvitb
ttrt!es:. 'lTfa"buec.o pfo.\'ided the Stegalls with inaccurate aiid negligeni misreprtssenration's
6. -assurtii-g 'the -SiegalIs that the siau'shirds for the eonstructiori.of U-ieir Resideijpe, as 'well as 7' ..ail applicable huilt-firig'code.s, v.'ere being met or exceeded. The ^te-gaUs did not liyn;o..w 'Uie 8 .itue^'jtete-M facts' and reasXDtiably Telieclon- iihese i.msr.epr;esentatioTi.s..
1-0' ;-D,
Tra-bufeco's KegU^me-e Resnlfed. tiift'ii.m.erous'Go'ii'StrPcti.&^^^Dfc.fect!>> As a re$]alt gf ri'gbucco''^s-uieg|jgt:i;ie.e iri-pro'viding ti'is iCpn^triicfctoji;) SisrYic.es, the
u-
11
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].'2- J?iesicfence-'iniot^30F.afed and siii&red \hc .fol|.o.\v.b.g4ipa--ee.ijusi.yq list pf cpn?^tifti'c.ti-OB 13; 'defects, buj.Min.g elwl'e vifilatitsnis, siib.standarfi and inappr'nppiate iftarerii'als, si'irifd .shodtty-smd 14: ;rieglig.ervt .\vorfcpiftn,shi.p'; '50<
(i)'
'lVa,bucco negiige.nily graded, tiio- s.i.ie arid inappropriately i?rcp.!jr.ed the real'.'
16 17
pCQperty upon wljich th 'liesidence was .cansiFuctejd. This .ijegligeiioe .rcsuJ.tad, in -water draining and-flowina toward instecid Gf avMyfrom, the Residenee; thereby caHsiiig \v?ai'er tcdciiin, tiow, eoilect, and leak into and underthe .fê.*iidt;Me.
ffl-
1.81.9 2Q: 2.1 22' 23 24 25 26 If 2-8
(ji^
Tf.abii.ci;o-ii;egl:igent1y coflsirueied tlv? founjiatian anfl.perim.eter '^yt'the.
.f<;esid'c-tu?g., ;and his nj^gljgence irichided -hiiit is- not liimite.d to kk Eaiku-e to properly cofistaicit and iostall appri5pfiaEe '"ffeenth drains" ajid'other drainage and'watercpntvol ejehi.etiL*! artnind.tlte- pefinieter oFtlve ReiJidence. This .hegligence. caused vyater.to drain and. How tovvaid, and seep and intrude irjto and under tiie Res.i:dencJe.
{0)
Trabucco negligently constructed and installed th,e fouitdatian -and pe.rinietex
waÎls of the .'Residence, .and this negligence included bul is-not limited to TiSibuGcp's I'aikire io properly c-oastracl aitd iasiali-appropriate exterior imd interior
(TiMl>l AfNT l-0l<>if;i5l,!:;i-Nl rr')MSiTR!i("TinivJ HRrAt'H OFrnV'rKACT
Exhibit B0007
M'aterprootingelement's. This riegligeiice caused water to seep and intrude into and urvdcr.fhe ResideiiGe.
J\y);^ Trabucco negjiaently coimriieied-.an.d instjatl.ed'.First iioop and apper-leyel

5
paxiîs, balconies, -vvi-nilOw frames ami surrounds,.dopr frames, 'and other ex'terior . ' aroliitectiii'ajfeatureaand clemem^s p-ihe..rtesidauce, and this'afegligence caused water- to drain and intrude info, and under the BLesidenee.
'6
8 '(V) 10 11 12
til."-i3
Trabucco .hepigeritj.y coDsfft'ic'ted and iiis taUed.pipes. ejtte.rior drains and
other .\v.atgr--(ltai.ru'ige featurâi of'thSKesi.den(ce, -fihd this negligeace eaiised. water to -drain, lealc, conect, .and intnicie. in'tp and.ynd.er the'-Residg^nce. (yi) TrabuffXvo tiiegHgeMtlY con.strnfited nnd iiis'talied e-xterior vents, ro6.t'.llashiiTg,
13
ex'teiiffl' du.cis, exterior Go.vers 'and seals, glitters, and similar'featiites on the roof .50
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.and exteripr pf the .Ri3si,denc-p., a a iljis..negiigi?.i-i.ce caii.'jed vvfiler to di-iiiu and intrude sd into-and under the Rcîdeacc.
16 17 !' 19 ' 20. 21 2'Z 2^ 24
(vii) Trabucco n.egtigently e'tinst.rucied and installecl ihe.diyvâll, weep sei=eed arid siaii'Jar cleiixeiils,.waterproofipg paper, and, eKteiîtyr iuj.d ititferipr plaster;, and .this .nBg.!igen.p.e caused w.aEe^-tiQ.seîp atid iiitrude: into the .trambjg of .fhe.,Re<!ilen.CB., .and i ntp aad' iinfe tlie- 'Resid.en.tie.
(viii) 'f'rabucpo neg.ligent:|:y eoasiructed i:ma';i,n^.talil, tli.e.veritilatiofj system, HVAC ditciing,: and. i.iais<3 beatings co.oliug, yestTling, and aircaiidiiiomng and. airfiltratidn islej-nentSj- and this negligence caused, aiiioitg (ither ihiiigs, water intrusion
26 27 28-
into .the R.esiclence as well .as 'Miega'tive air pressure" and i.inde.si:ra.ble "depressurixaiioii'" vvithin the Residence. The negative air p.re'ssure.'has resulted in
ftti-:!-'f.2<:.l
rOMf'i ..AiN'T {m Ni-ni .Iffi'-NT r.fyN.s"}\'?,i!(TUjN A 'RRP.ACH OF <:oHrK

Exhibit B0008
1 2
' .-3
pOllirtaiius such a.s mold, mold si.iores.. germs, rodent feces, insects, particulate inatter, harmful Gheraicais., and dust and debris to be drawn into the Re.side.nce.
...A...
.....(ix)..........TjabuC5XI
also incJ.ud.e but is r.ioi limited to> s-electing
ioapprtipiiate eiec-ti ical compmients for the Re.siide.nce, hiiprope-rly instxilliflg 6 electricarcoitipouertts within the Residence, coiistFucting attic-access .dssoi-s whicfi. ifaiil 'to coiM-ply with, builditig codes, !n.i:all5n.g vnani water supply lines, plurrtbirig.
8 9sn -W
llnfis, pipes, and pl:un,Yb.ii-)g Ci-itures vvhich fail to GOinply with buildiHg. codes and vsfliiiGh have resulted in vvater leakage .and water InBiJsiQn into the Ke$iclence,:and. nu^'refpiis siimlar failures-to Gonipl/ wich building .eodes. :(x) 'Ijabwcco's negligerice also includes, but IS not linri'ted to, improjiedy
10
U .
U
12 13 . 1^ ifiStalUng with inip.ro.per material the jusvlaîon in tiie .attic. -Kvi'l:h.erthe;frtaterial nor the insrallatioa were dcjne if accor.diin.i?'e with n:iain,iifaciuref'"s guidelijies,--.
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50 IS 17 18 li*' "20: 21 - 22 (xiiiO Trabwcco's: negligence also inclt-Ries but i,.? aot limitec! .to, iinstalliiig- ih.e vvro'na-size vcjit's in \âriQU3 Icc-ations in ih.e house .(îi) Eriibijcctj's negligeticc also LtaeludiSs. but h ndt liairted to^ 'fjiilii-ig tp put (io<yr pans as- re.qivired by the- pl'an.<i and'specs.. (xi) Tffibuc-cb'ij .negligence also include,? but iî not limited td; t^jiling co construct the attic s.$ a 'cojidifipncd space ia aeoordance vvi'tli the plans .a'nd -specifioati.Q'ns.
H
25 26 27 (xiv) irafaucco's negligence also iaefudps bur i's not limited tp;. ca-iKsing several he-alth 'and ijafely issues in multiple ioc-atioivs but m,osi pariioulitriy in the tnec'haiiical system.
i>i)::3!.>'c.
'is
L"-l'.;fdTL.M-N I rC'S WKOLItirN'I COW.s rRUCnOi'.' A BRBACIH)!- COM'i'R.ACT
Exhibit BOOOg
(xv)
Trabuoco's negligence al-so. iiiclrides but is noi limiled to, installing
undersized water lines.
Ji;. 31.
tJ
Trabuctu)'s Nei^llêacc ResifltHgd iii HiiDyEioiiS Gonseoufriitia] .Damages. Trabucco\5 iiegiigencc ahd coos:ifuc'ii6:n .d'tfreets' as allegecl above, resulted in
signiOctint and ivumeroijiS .co.nsequiiiHtial darri?igcs and iry'ui,'ies suffered by rhe Stegalls, their jjersonal property, fmd the cmnp.onenl- jaarts pf their jiesidence. The resu.liing and -coDseqPeffti'al clamages :ar.ising tt&m-'irabusisei's n.^fligeiifce hiclude but are n<3t limited o n
'9
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(()
T"hc water,i,ntcusioii. rfefiiliing frbiici aiipi'erptis .c'onstructiQ^ defects as. alltjgecl
'0.
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above, 6aiised-vi/ater-^reilate.4-dar.i;!:ags:.s suiah as-mttlcL rnildew.j dry rot,.wood .dete-riQratiDrj,,.sVn3Cti3;nal W!:c.?ikitS;ss-a;iifi letîefi;ati.oii, loss of stttictural or arclMtecftiraUntegrit^., and atHfer d(M:sfg:e t& the S'tegallS''-pe.rso'rial prt^perty, fixtures, applimices, framitlg, dry\va'riis, lloors, roofs, vviridows, balconies, and other building conipcinents. provjdefj .pr install sd' b j Trabvicep;.
I'J 14
it
-0 5 16
CA
17 I.S 19 20 ?1
(it)
The water tntfusion resulting-ftOiivnutfie'roris .CGnstructiian. defects as alleged
above, caused waier'-t'eJaEefl ..dainage.s suCh as m'old.riiiidew,dry rut. wood dcteiriorat-ieti, .steiiGtTal vyea-kn'eSs-and ilejerioriitio'ri,.. li&ss o'fsrractural or arehitiscturftt iniegriiyi and o.lSier .datp:a|;es-.tp the WQct,, propert)',.and building compotiieriils 'vvhiGh: we're provided b'y -oriivstalted bv third paniei- and which iveye not skments ot the B^tiidin^ Contiact. These water-damaged items of personal
2'3 .2'4 25. .26 27
pi-Qpa-ty-, h0nie.:Qxti'es, apjjJi.ances, and nuraerci'us itenrs of ptpperty vvhich were provided <ie installed by third parties and ivhich- wefe not eleme.nts of the Building Gonttact laclude, bqt arc rtpi iiri'ijied to, kitclien and batliroc>n) appliaiices, vva'll coverings, wall iEeati-nem.%. floors, floor trfestlnonts, riigs, fiirnituiê, .luchhectural fcaftrres within the home; and home-.&lecircjniG-s,
10
C!'.'?va'/...'\iMr v' R NiUii iOKiVr CO?-JSTK'.I..!CT10N i's- fvnpAf.-i-i !.^F ".TIMTRACT O Exhibit B0010
(lii);
In .adflivion to the foregoing, upon Trabucco's c-ompletipn of tlie-Residenee,
Trabue-co's negligence anc! cooairuction detecc? CQ.i!se-d.ih.c.StEgij.i.ls to sutfer an. iatmgciiate and significMit dinvimiiiori in'the value pf theii-Residence, and fliis saê is continuing.
-o
(iv)
Hue to Trsbwcc.o's aegligeuce which res.uited in \vaier intrusion intb and
7
-o-
under the Residgn6'.e as wfell as "H%a:tiye -afr,p.reSsitre'- within the -Residence, the Stegalls allege- oh ififomTatipn and befiefti^ the water .ihfrus^^ pre/ssjire ha.t'e directly jMinoied the grovi^li,.praljfevaliGp.,-an^^ .a.i6M:-sp0i;es5..aqd .ti'ther gernis and cQ.nLtamimu'i.t.s. :FitMit'the::lês.i.deii5;e, The St^^gali&.-allege oQ -irifbriiJation and..be|ief that they have-suffeedpersonal injtiries, i
"inGludirigallergteSs breathing dilTiculties, aiilverse t:espi.i:a.t:o.X5^ reSctlops, md othey
atiid/pr n&gatie air
'^
9 10 11 12
i/i
1 3
14
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adve,rs'body.reactions, iltoesses, fbid.inj'urie's doe to the mold, .n.xol'd;sppi-e-s.'anil -.contarainaiits growing mid circulating wiihin the Residence, and il\e Stegaiis.aJle-ge drat these injuries are a direct r&sult of Trabucco's negligciiee.
<^ <
50 16
1.7
o
i'g' 19
(v)
Trabiic-co's neg! igerice has resulted in; the Rijsidence siiCfering from.
rui'iiic:roy.s ..b.irildlng code v.iplatian.s-Jn.d.reiffijEcd vi'yla.ti.oiiJ! !af,.byildjag,.regit'latioi]j5 and builElihg.staQdaEds, tmd these v-iolatioos shaltrequire suksiantial rfcpl.ai:eiTi.ent oi? '"teai' dowii'' of.numerGus building comp^ncMs c'omiprising thii Resiclance iii :oMer tQ iemediiate-.fha.s.e vriolations .and comply vvith l3ui;}ii'in.g codes. Uiese-cod.*;; viplaCions shall requipe subsuwiiial liiBC and.money to .CQLTeciând repair.
///
20 21. 12
24
W
:i6
III
fli ill
- !1 -
Exhibit B0011
CA.USE-S Q.F-j^CTKm First Cause of Action ^ Ncsfligence Riisulthig in -Stc-galls' Pvop erty .D:=>!naae ;{Agaimt.Trab.ucpo & Does .1-.50)3'2.
0
The Stegalls. repeal aiijd in'OQrp.o.fate by reference iptb tliis Cause- of .A.cOan, as i.f
tlilly set forth herein, all allegations s.e't fdrtli ab.ov:e. 33. Trabucco. vyas obiiga.ted t.o .6xerc-ts,B rea.s.oitable;aiid dtife care in eonstrLiGtlng the
a
9"
tn
Rtsside-ncj; a.Hd Ati .was pblig^rted to .-re&aiij iToiji lac-tingriiii ^ manner that cceated an unriitsonablerislc-of injury-to the'rights and interests of tlie Sfegalls. 34: ft -was- reasonably iforesfâble that if'Traibnee'o G!3.ndtict6d''MmsGlf'.in. tfi negligeri-t i-natviier-allegefiin thc'prGce'dittg.s^^^ damages and.persodal pro^'grty dafiijiges alleged in ihijs C.otnpliiirit. 35. Although, it was reasonably ;foFes.eeable 'thiit the; Stegalls would suffer the injuries property
10 ll 12
Q
!
^
14 50 16
N
13
and damages alteged in Ibis Oomp;laint if Tiahucco conducted himself in the neghgent
manner alleged iii'-the p;i:eccdii)g-seet1onS., IrfabucGuMevertheless ignored (ir failed to comply with liis cliiK' t > exercise-diie care, and Instead egmmi.rted the..a'et,'> tJf neglig,enc.e <
t/i
17
described abovCi and in sOi-doing' Tr9bL.LC.c-D eatised the construction defects, and resulting an'd c:ofl.setiiri!inlial jwiiperty 'difiimtigBS ."iui!fcf.?d by.tte-Sl'ft-galJsi^ ai;;. alleged. h-ci'Siiji. 3o. ..Al ill'itelevant: t)Me.%'tii.&-Stegf?ilis condtici'ed t-hemselve-.s-r.fcasiiii'ab.ly and-
'SQ
.IS U > 20
appropriately-, and did iio't cause drfii}.ntrib:ufeto the dama'ges. tliey have suffered. 3!7. The Stegalls iiiiiher allege thatâ.s a direet resuit of T;cabuco''s negligence, and
becaus'c Ows 1-50 tureTrabu'ccG^s suboontrjictiiHS, authorized a;g'CHts, or othe.nvise participalediii comrnittiiig the-alleged negligence ia a-man.fier to-be pro-veii at trial, 24 trabucco and Lpoes 1-50 a.rc liable, tp the-.Stegalls. fhe Stegalls seek judgmerit against these dclefidanfs for'tlie Stegalls:.''prop etfty damages-thc.amouiii of whicJi shall be proven ai iriEil.
28 GOM'P{..MN'r f-r.'K NL'(JL!GMT CO-NSirRUCriON : BRluACH OF (I'jN'fU.Ari
Exhibit B0012
Secoad Cause of ActiPn - Negligence Re?u.lting in Stegalls' Personal Injuries (Against "rrabweti'O & ..Does .1.-50} 38. The Sitegalis rSpeat and incorjiorate by reference iiilo tliis Cause pf A-cl'i'on, a.s if
fully set fQrth.hereiii, all allegations se-i fqrrJi above. 39.

6
Trtihiucco was obligated to exercise rGatiQiiab'le and due ccir'e in consLfuciing..the
.keSldentie iind he .WitS obiigaled to refriiin from acting irt a iiianher tliat creat&cj -an tmreasonable riskof iiij tnv^ the rights and inter&Sts of the .S tegalls;
7
9 1!)
H 4Q..
in light of'frabticcia's experience in tlie^buildiftg Industry, it vv:as.teaspabl;y
foteseeable -;that if Trabucep ctsnducted him.se.lf in the ntjgligent maiiner'ailfcg'ed in' the.p'r&cedlng-s'eetiotis.ifhe^ Stegalls would s'ufter the persoaal rajU;ri(Ss'all(5g'e4"in;this Epmjiiain't. Allhovgh'it was reasonably foreseeable that the Stegalls vvoultl s.y;fftti: the personiil
^
n:
12 13 \4 4.1.
injtiries md damages alleged in th is Complai tit iif Trabucco condneted-himself-in the .n.c?gligent manner alleged in theprecedi-ug sccripnij', Trabucco neverdielesg-i;gnored or fiiiled le i>6inply with his dut>' to exercise due care. and. in$fi3(3d Gommitied the acts .of
u
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50.
16
.npgiigence described above, and iii so doirig TrabM.cco caused the r;esu.liii.ig and consequential persojial iujuries suffered by l-hc Stegalls and alkged'lierein. it'ij.. At aL!'rekvtii.ii tiines, 'ih-c S.L'cgiil-ls cund'outed themselves .reasouabJy and
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appropriatelyi aiid did not cause or c:ORtr{but& to the rrijilrieii and darhages-thei'^.ha.va; suf&i^d.
l\
43..
Th: .Stegalls .fiirihtif a.llegG that as a direct result of. Trakicco's [jiegl.i.geHee,-*ifld
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77
because.-Does 1-.50 are Trabucco's sifbGOiitractCPS, audroi-ixe-d agenis.,. .or othe;r\vLse (5a.rtiGipai.ed in coitmiilting- the alleged aegligcjice i:n-a nutnner to he-proven ai trial,
24- 'frabuccp arid .Does 1-50 are liable io the Stegalls. The Stegalls seek judgraentâgainst these'defendants-for LllO Stegalls' porsona! injuries the aiiiouni eF whiek: shall b.e praverj at. irial.
COMl'i.AlNl KOi< NHni.iuKNTt-'iiKSTRIjr'OrjN ft BREACH iil^'ajMTRAiT
Exhibit B0013
Third Cmise ol Action - .Breach of Contract C'tminiitied bv Trabucco (A-gain'st Trabiieco)
3 4
44.
the- Stegalls irepeat and incaipoTate by reference into this Cause of Actionj as if _
..l\!]ly.setib.i:th.h.er.eii.i>..dMlegafj.p^^^^ 45.
5
fi 7
'P^
The B'liiiding ContriiG-t'd'es-Gfibes and mem.oriali'/.es various duties, obligaiioiis., an.d
liabi lities ofthe parties. 46. The Stegalls .complied with, saUsfiedj..ind performed all dulie.? aud obligafions
'8
9
which; the;y vveiê reqniTBd tip'perform tmdisr .{he Building ContTact. 4?.. .Foi: C e reasons desef ibedin-lhii; preceding sections of this Compfainl, Trabu.ccei h
J .-J
ID
failed'tip peiforpi his ddties aiid obligations:uhder the Biriiding Cwntrac-t and tfiaterially bjeaehed-the:Bui'ld:ing-Gp.n.ti''act. 4.8. The Stegalls have been datpaged by TrabuccG's breaeh in the manner as alleged in
-a o-
M 12 1? 1 1 4 50 16 17
the preeedixlg Section.s, and b-an amoimt to be pro^veri til trial. 49. The Building C'Ontiract.inch'id'es -iat s,ecti-o.h 17.4 -an 'Attonieys' Fees" provision and.
3<
thtt Stegalls allege they are.enli.'tlG.d to rcco.ver their aito.rneys' tees and court cosifs in addition to the damages to.which ibey -û-fe-reniided .as a re-sult ofTrahu'c-co's breach of contract. Fuiiffh Ca use .of Actioti ^ Dec'fa.ratdr.-Y tidieft (Ag'aijisrt Trab.uccd'D' 50. The Siegalls repeat and ineptporate by -i:eferen.ce into this Cause of .Ac-tioii, if
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19
20 11
22 10 24 25 26 3728.
fiill-y.set foitli herein, all'iilleptions sstfbtth above. 51. A di'spiite curt'cntly exbts be.fwe.en iht Sfegalls. and Trabucco with resjiect to their
;respectiveri'ghisiobligations, and liabilities under common law, statutes, and the terms, yf the Building Cdn'traGt. Ae.Ct).rdiiigly, the Stegalls requesi that the Court deGlare there.speE;iivf rights, dxtiles. obligations, tUidliabiliti-es of the parties under comnion lavv, uny applicable statitta, and ihe terms of the Biiilding Contract.
;ili;i.:'.'.''>2*:.!
14
iVOMl'i,AlN7 FOli, NKil-tOfim CONS rRUCTlON & nRi':.\('li OfCONTKACT
Exhibit 80014
PRAYJER FOR RELIEF On tlte first & Second Causes of Action - Nediaence ('Fiopgitv Dama'ige. Feiis.oj.ial hiiurv^ 1-. . ThcStegalls pray fhat judgment is rendered in their favor and againsi Trabucco and .D-pes 1-50 jointly and severally, based on the defcadants' negligent con.duGras.;aljeged
!he-Fcii'V..
6 i 27 S'
The Sipgalls pray that .>neh j.iidgnienL he in an amo.iml-saffieieiil,- t.o ccvnipejisate the
Stegallftfor the ainoiiflt of property;- damages and personal hijuries tliiej-' .have suffeTed as a ksplf '6f the defendants-' .negligence. The- Stegalls .request that such jJudgiiaeivt. fpr -dEiniages
.9' .i;nc;l;gde,.:^bnt..iTQt.b$^limited to: 10U
.(D
the (s.ostii.faGcoxtiing-.to pbsf) far (Sorrecling die b.ijldi!*g.cQde- -viohitions
11 i iiMd.-repaiFiiig -negligent or inipit);p:er wocfc-perforiped by the de:l!endaiiis'in cftiistrueting th'e . 12 I i<.e'si'den.ee. These costs must include ihe c-osts for feptdcing ox rc^l-aeing'th^^ . 3 8 iiegligem vs*orlc.wilh reasonable and v/orkni'mrlike cehstruiitioii. aad'.witl3.'Fe9s.O;flabte 1
wi-j;s
14 i mafmals a.j.iel bijiJcliiie components vvhich.are apprapri'ate fgr the Residence; 50 i Ci-'i) I'hie costs- (according fo proofj for repairing, remediating, -pr replacirtg tlic
{5 I resuiiiing and cdnsequehlial property damages caused by (lie defendants. The Stcigidls
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.03
17
-
r^sqiiest that ihG calcuiation ofeosts be iMade- iii amanne.rS:i.i.t|icietit,to.'!!tEplac.e-a damaged :Ltem of personal -property with .tb.c exac t copy or an. appropriate Glt>.st:-i>iiibii.titulfe;(iii). .All ceasqnable and ancilkiry costsrtppfdfpriater necessaiy respGnsibly
:| 8 .19
20 ' ^lii liafely accPiftplish the aforesaid repair arid- replatteniefii-, iiicltidiiig but. npE Iirni.ted.ô 21 , :Costsftr-Gonshiiictiionsup-eryisi.on, cosl'-j for overhead, a.nd ajl odier cosis nori3.i.aLI,y associa;icdw,ith repairs and remediation undertaken fcir'b.o;m6S similar to fh'e Rcî'denSe: 2'3 (iv) Daauiges fb;r.die Stegalls'pei\sonal injuriesJncludtiigdarnages for pain aiid
- 4 sufl'ering and-dimimitioii in qualiiy of li.fe, medical expenses, an'tic-ipatcd future medical 2tfxpejis.ss. aud.all appropriate jiioiietary sums to compensuie the Stegalls fm their personal 2(5 :7 ijijiiries'cause by defeiuiants' negUgeuce; iy)
tf'<s20rii(i 1
Lâmages for "loss of use ol: Rcsidfenee'" according to proof;

7S irOMH.AiNT l-tK NKiJ|.Kih.H ! aiNSTRUrriON &. liRtACH (H- COI-i rUACT
Exhibit B0015
(v'i)
ll
Damages for lost opportunity c-qsts and reimbursemenl tor actual costs of
iime-and labor expended by 'the Stegalls in seeking remedies and coiTec-tive aciittti Irom the 'tl&ffendahts;
-...4-
(:v:ii)..:.fi5Mg&simdj:eini[w^^^
paid by .the Stegalls for construction filing siiif
eon,sullaiits, SaboQijiraGrcji-s., and envîrpnraeai.al:.iip.!e3tigai,ars reia
foi" purposes of investigating.; ide-nri fying-, -r-fc])airing and remediati ng the delfeni'lan-ts."
7
jisigligerit yvbrli ^.nti property damages. (viii) l):amages fpr tiipve-eiit exptirises, storage, and lodgiiig expenses iiec.essary and -a:pf)ropriat'e-.fQr 'th,e Siega!l.fiJiiii,ly db.ri-Eig.:tlie repairs trj their Residence. The Slegal Is reqiiest that the eafctilatjon of thefir-iaeaspnafele mpv&-ut expenses, sieraee costs-, and felocatibii. and Ipdûig c^Jsts -lit.made in a iftannet reecigrii'sing, and Go;m;menisurate \yith j
J.
-.tr> PJ'
fii
S 9
to
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13 the stand-ards to vvhidi they are .aeciistciiiie'd. 13 14 On the Third Cause of Action - 0reach :of Contraci 50 3. The StegaJIs ;|)ray that judgiineiit i-s.re.-nderi! jn their favor and against Trabyoco
'?^g
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sa'
16 based on .the defendant's breach, of tht BniMing Contract and .his material defa-tilt in 17 faitiiv.^ fo.-ptQvide fh.eStegalls -with a. R.esidie.ncc. built to the s'tandar'ds he prpmised^ in the 18 Fluilding Contra.ct; = J9 4 20 Ths Stegalls pray tii'at.'ths; amoiint oP :dam.ftgvS he csLlfculgtcd \i\ a, matmer 'svhich :
shall provid!. rhe;.vStcgalls with the ""benefit-of the bapgain,'' and ftdly compeiisate'Chff
(h o:E .21 Stegalls fp-r & c si S of .repairirxgj eorrecting; .and..'feiii'cdiating the Residence so is to. 32 provide the vStegatls with the Residence which they were origiirally promised in the 53 Building Contract; The Stegalls pfiiy that judgment inclttdij 'an award of attbrneys' fees and costs as set
24 '5 . 25 1(>
tbrth in section 17.4 of dve-'Biiitdirig Contract.
16COM-Pl.-ilNT roR MKGL(GF..^TCONST,P.LiCrii iN" nP.h.Ai'l-i Ol-'COK'r'RAC'l'
Exhibit B0016
On the .Fourth Catise of Action - Declaratory Relief 6. The Stegal Is ptiiy for -a judicial declaration of the respective righ cs, dudes,
obligations, .and liabihties ofthe parties imder comaio.t.i law, any applicable statute, and the temis pfthe .Building Co'niract.
On A l l Causes rjf Action: 7 S "0 I'O' Jt 13 cSS'S 13 14

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CO
7.
Costs of-siiif.
All additiojoal .tmpnetaTy or -othef relief as .the. Coutt deems equitable ot apjttopdate.
J. -6
17
D'.ATBD: J.iily ' , 2im
ROB.INS, KA.PLAN, iVtllAliR Sc iRKST h.L.
O
6&
18 ]4 20 21 22 23 24 25 li 2'6 27 S 2
I 'i>.i>;^>ttj 1 il ' ' .. ! 7 f'O.MPi . M m f(y,< Nl-Gl.'jf iHN'l' ^{SNS'rUi !r.TU IN' & BRR.ArH I'll-' ri')N' rk=\{'T
By: David C. Vets EdSvard T. Muraiitjolo ArFORNEVS..Ff)R liLAJNTlFFS J.OHi^. STlLGALl. & DARVL S'il^fiAlX
Exhibit B0017
1
2 3 4
David C. Veis, Calif. State Bar No. 83135 Edwjffd Muramoto, Calif. State Bar. No. 144845 ROBINS, KAPLAN, MILLER & CIRESI L.L.P. 2049 Century Park East, Suite 3400 Los Angeles, California 90067-3208 Telephone: (310)552-0130 Facsunile: (310) 229-5800 -Attomeys-for-PlaintiffSi'JOHN STEGALL and DARYL STEGALL
6 7
|1H
8 9 10
SUPERIOR COURT OFTHE STATE OF CALIFORNLA FOR THE COUNTY OF SANTA BARBARA (Anacapa Division) JOHN STEGALL, an individual, and DARYL STEGALL, an mdividual Plaintiffs,
vs.
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u
S<s}
11> z
11 12 1 3 14 15 16 17 18 19 20 21 22 23 24 25 26 27
28
Civil No. 1301930 PLAINTIFFS' FIRST DOE AMENDMENTS I ADDING 3 NEW PARTY-DEFENDANTS TO COMPLAINT Assigned to: Hon. James W. Brown (Dept 4)
w
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MARK TRABUCCO, individually and doing business as MARK TRABUCCO BUILDER, and DOES I - 15, inclusive. Defendants.
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And Related Cross-Actions TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD: Upon filing ofthe Complaint herein, plaintiffs JOHN & DARYL STEGALL were not aware of the true names and capacities of various defendants and therefore designated and sued said defendants under fictitious names by identifymg said defendants as "DOES 1 -15."
Plaintiffs have now ascertained the true name and capacity of "DOE #1 - 3" to be:
60306O79.I
PLAINTIFFS' HRST DOE AMENDMENT ADDING SPECEFICALLY NAMED PARTY TO COMPLAINT
Exhibit B0018
1 2 3 4 5 6 7 8' 9 Based on the foregoing, Plaintiffs John & Daryl Stegall hereby provide notice that Plaintiff amend their Complaint by inserting said names in tbe place and stead of the fictitious names "Doe ##1-3" wherever saidfictitiousnames appear in said Complaint. 1. 2. 3. *<Mark Trabucco Builder, a California corporation." "Mark Trabucco Builder, Inc., a California corporation" **Mark Trabucco Builder, Corporation, a California corporation"
5 5
U
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10 H 12 13 14
Plaintiffs also provide notice that, if necessary or appropriate, plaintiffs shall seek leave of Court to amend and/or add to the Complaint the aforesaid specifically named defendants, or plaintiff shall otherwise seek the Court's approval of said amendments at the next scheduled Case Management Conference which is set for September 9, 2009 at 1:30 pm (Hon. James W. Brown, presiding).
A.
15 16 17 NOTICE IS HEREBY GIVEN.
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18 19 2b 21 22 23 24 25 26 27 28
.60306079.1
DATED: August 19,2009
ROBINS, KAPLAN, MILLER & CIRESI L.L.P,

By:
David C. Veis Edward T. Muramoto ATTORNEYS FOR PLAINTIFFS JOHN STEGALL & DARYL STEGALL
2-
PLAINTIFFS* FIRST DOE AMENDMENT ADDING SPECIRCALLY NAMED PARTY TO COMPLAINT
Exhibit 80019

NAVIGATORS INSURANCE COMPANY v. ILLINOIS UNION INSURANCE COMPANY Complaint

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NAVIGATORS INSURANCE COMPANY v. ILLINOIS UNION INSURANCE COMPANY Complaint

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1 2 3 4 5 6 7 8 9 10

COMPLAINT FOR EQUITABLE CONTRIBUTION

PLF. NAVIGATORS INSURANCE CO.'S COIVIPLAINT FOR EQUITABLE CONTRIBUTION

_, 3 PLF. NAVIGATORS INSURANCE CO.'S COMPLAINT FOR EQUITABLE CONTRIBUTION

DATED: January 3,2012

DAVID H. WATERS Attomeys for Plaintiff NAVIGATORS INSURANCE COMPANY

PLF. NAVIGATORS INSURANCE CO.'S COMPLAINT FOR EQUITABLE CONTRIBUTION

Illinois Union Insurance Conipany

MARK TRABUCCO BUILDER, INC.

Item 2. Item 3. Item. 4.

Coverage is provided only if a limit is shown below: $ 2.000.000.00

.-Per Claim Per Claim Fartnorship

l~l Per Occurreaace/Qfense

f~1 Individual l~l Joint Venture

1^ Corporation D Limited Liability Cotporation

IHI Annual Flat Flat Fully Eamed Item 9..

Endorsements and forms attached to this Policy: ENDORSEMENTS 1 TIIROUGH 14

Countersignature: Countersignataire Date: February 28,2001

PREMIUM: STATE TAX EEE 3% STAMPING EEE .25% INSPECTION/AUDIT TOTALDUE:

$ 12.000.00 $ 363.00 $ 30.25 $ 100.00 $ 12,49325

CONTRACTORS EXECtrnVE SUPERVISORS OR EXECUTIVE SUPERINTENDENTS

' Escalators (NumbBr at Premises) NOT JNOUJDBD

Number Insured NOT INO^UDED Cost INCLUDED

Independent Contractors INCLUDED Completed Operations INCLUDED Products INCLUDED

INCLUDED Gross Receipts

INCLUDED Per $1,000 of

INCLUDED Gross Receipts

Total Advance B I & PD Premhnns $12,000.00 When used as a premium t)8sis: 1. 2.

MARK TRABUCCO BUILDER, INC OGL 050524

n,T,mOTS UNION INSURANCE COMPANY

Illinois Usdon Iasurance Company CHICAGO, ILLINOIS

.Dciiai3B.KcdlBg,Fnsidiat GEOROBD. MDUtOAKSicntilT

INA. Suiplus Insurance Company PimADELPHIA, PENNSYtVANIA

CCORGE D. MDLLISAN, SccRmj

Westchester Surplus Lines Insurance Company ATLANTA, GEORGIA

MARK TRABUCCO BUILDER, m c

SmOISUMON INSURANCE COMPANY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

.PER L I S T ON F I L E WITH THE COMPANY

MARK TRABUCCO BUILDER, INC.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

MARK TRABUCCO BUILDER, INC.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

MARK TRABUCCO BUILDER, INC.

- ILLINOIS UNION INSURANCE-COMPANY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

MARK TRABUCCO BUILDER. INC.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

MARK TRABUCCO BUILDER, INC.

-ILLINOIS UNION INSURANCE COMPANY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

MARK TRABUCCO BUILDER, INC

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ FT CAREFULLY.

MARK TRABUCCO BUILbER, INC.

-ILUNOIS UNION-INSURANGE COMPANY-

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

MARK TRABUCCO BUILDER, INC.

THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY.

MARK TRABUCCO BUILDER, INC.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

MARK TRABUCCO BUILDER. INC.

-ILLINOIS-UNION-INSURANCE-COMPANY. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

SERVICE OF SUIT ENDORSEMENT