Preview
FILED: NEW YORK COUNTY CLERK 12/09/2022 02:53 PM INDEX NO. 656604/2022
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/09/2022
EXHIBIT “B”
EXHIBIT “B”
FILED: NEW YORK COUNTY CLERK 12/09/2022 02:53 PM INDEX NO. 656604/2022
NYSCEF DOC. NO. 23 FIRST MERCURY INSURANCE COMPANYRECEIVED NYSCEF: 12/09/2022
(A STOCK COMPANY)
STATUTORY HOME OFFICE: ONE SOUTH WACKER DRIVE, SUITE 1350, CHICAGO, IL 60606
ADMINISTRATIVE OFFICE: 26600 TELEGRAPH RD., SOUTHFIELD, MI 48033
GENERAL LIABILITY POLICY DECLARATIONS
Serviced by: CoverX Specialty POLICY NUMBER NY-CGL-0000057791-01
RENEWAL OF: NEW
NAMED INSURED AND MAILING ADDRESS BROKER NAME AND ADDRESS
A&G.V. Stucco Construction Corp Morstan General Agency Inc
24-49 96th Street 600 Community Dr
Elmhurst, NY 11373 Manhasset, NY 11030
POLICY PERIOD From: 9/18/2015 To: 9/18/2016
AT 12:01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH
YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY.
LIMITS OF INSURANCE: Defense Costs are outside the limits of Liability
Each Occurrence Limit: $1,000,000 Employee Benefits Liability: Excluded
Personal & Advertising Injury Limit: $1,000,000 Employee Benefits Aggregate Limit: Excluded
General Aggregate Limit: $2,000,000 Liquor Liability Limit: Excluded
Products-Completed Operations Aggregate Limit: $2,000,000 Liquor Liability Aggregate: Excluded
Damage To Premises Rented To You: $50,000 Designated Construction Projects
Medical Payment Limit: Excluded General Aggregate Limit: $2,000,000
Total Policy Aggregate Limit: $5,000,000
RETAINED LIMIT: See form FMIC GL 2015 (01/14)
PREMIUM COMPUTATION: Premium: $101,500 Inspection Fee: $250
Coverage for certified acts of terrorism has been rejected; exclusion attached. X
(Per TRIA Disclosure Notice.)
DEPOSIT PREMIUM: $101,500
DESCRIPTION OF BUSINESS:Wrecking-bldgs or structures-NOC
FORM OF BUSINESS:
INDIVIDUAL PARTNERSHIP X ORGANIZATION, INCLUDING A CORPORATION (BUT NOT
JOINT VENTURE LIMITED PARTNERSHIP INCLUDING A PARTNERSHIP, JOINT VENTURE OR LIMITED
LIMITED LIABILITY COMPANY LIABILITY COMPANY)
ENDORSEMENTS ATTACHED TO THIS POLICY: See Schedule FMIC-END - Schedule of Forms and Endorsements
THE INSURER(S) NAMED HEREIN IS (ARE) NOT LICENSED BY THE STATE OF NEW YORK, NOT
SUBJECT TO ITS SUPERVISION, AND IN THE EVENT OF THE INSOLVENCY OF THE INSURER(S),
NOT PROTECTED BY THE NEW YORK STATE SECURITY FUNDS. THE POLICY MAY NOT BE
SUBJECT TO ALL OF THE REGULATIONS OF THE DEPARTMENT OF FINANCIAL SERVICES
PERTAINING TO POLICY FORMS.
IMPORTANT! Please carefully examine your policy as it may contain significant coverage modifications or exclusions.
If this policy is a renewal, it may not contain the same precise terms and conditions as the prior policy.
Date: 10/1/2015 Authorized Representative:
THESE DECLARATIONS, TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE FORM(S)
AND ANY ENDORSEMENT(S), COMPLETE THE ABOVE NUMBERED POLICY. FMIC-GL-DS-0001 (12/10)
FILED: NEW YORK COUNTY CLERK 12/09/2022 02:53 PM INDEX NO. 656604/2022
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/09/2022
EXTENSION OF DECLARATIONS
Policy Number: NY-CGL-0000057791-01
Location of Premises:
1 24-49 96TH STREET ELMHURST NEW YORK 11373
Classification and Premium:
Exposure Basis Exposure Amount Rate Deposit Premium
Payroll $400.0000/Per
$1,000 of Payroll
Flat Charge 0 Flat Charge $1,500
A.I. forms for The Moxy Motel
FMIC-GL-DS-EXT (12/10)
FILED: NEW YORK COUNTY CLERK 12/09/2022 02:53 PM INDEX NO. 656604/2022
Insured:DOC.
NYSCEF NO.A&G.V.
23 Stucco Construction Corp RECEIVED NYSCEF: 12/09/2022
Policy Number: NY-CGL-0000057791-01
SCHEDULE OF FORMS AND ENDORSEMENTS
(other than applicable forms shown elsewhere in the policy)
Forms and Endorsements applying to and made part of this policy at the time of issuance:
CG 00 01 (12/07) - COMMERCIAL GENERAL LIABILITY COVERAGE FORM
IL 00 17 (11/98) - COMMON POLICY CONDITIONS
FMIC LEGAL (04/14) - SERVICE OF SUIT
CG 00 68 (05/09) - RECORD AND DISTRIBUTE OF MATERIAL IN VIOLATION
CG 20 10 (04/13) - AI - OWNERS, LESSEES OR CONTRACTORS - SCHED PERSON ORG
CG 20 37 (04/13) - AI - OWNERS, LESSEES OR CONTRACTORS - COMP OPS
CG 20 37 (04/13) - AI - OWNERS, LESSEES OR CONTRACTORS - COMP OPS
CG 21 35 (10/01) - EXCLUSION - COVERAGE C - MEDICAL PAYMENTS
CG 21 47 (12/07) - EMPLOYMENT RELATED PRACTICES EXCLUSION
CG 21 49 (09/99) - TOTAL POLLUTION EXCLUSION ENDORSEMENT
CG 21 54 (01/96) - EXCL DESG OP COVERED BY CONSOLIDATED WRAP UPS
CG 21 67 (12/04) - FUNGI OR BACTERIA EXCLUSION
CG 21 75 (01/15) - EXCL OF TERROR AND EXCL OF OTHER ACTS OUTSIDE OF US
CG 21 86 (12/04) - EXCLUSION - EXTERIOR INSULATION AND FINISH SYSTEMS
CG 22 79 (04/13) - EXCLUSION - CONTRACTORS PROFESSIONAL LIABILITY
CG 24 04 (05/09) - WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS
CG 24 26 (04/13) - AMENDMENT OF INSURED CONTRACT DEFINITION
FMIC GL 1002 (10/12) - PRIMARY AND NON-CONTRIBUTING INSURANCE
FMIC GL 2010 (01/14) - CROSS SUITS ENDORSEMENT
FMIC GL 2011 (04/11) - CONTINUOUS OR PROGRESSIVE INJURY AND DAMAGE EXCL
FMIC GL 2015 (01/14) - POLICY DEDUCTIBLE ENDORSEMENT
FMIC GL 2017 (01/11) - DESIGNATED CONSTRUCT PROJECT GEN AGG LIMIT
FMIC GL 2077 (09/14) - HAZARDOUS MATERIALS EXCLUSION
FMIC GL 2088 (02/12) - EXCLUSION - PUNITIVE OR EXEMPLARY DAMAGES
FMIC GL 2093 (07/11) - EXCLUSION - INDEPENDENT CONTRACTORS
FMIC GL 2152 (07/11) - SUBSIDENCE EXCLUSION
FMIC GL 2163 (03/15) - MINIMUM EARNED PREMIUM ENDORSEMENT
FMIC GL 2169 (09/12) - ROOFING OPERATIONS WARRANTIES
FMIC GL 2203 (10/14) - BASIS OF PREMIUM ENDORSEMENT
FMIC GL 2595 (03/15) - EXCLUSION - INDEPENDENT CONTRACTORS EMPLOYEES
FMIC GL 2615 (06/15) - RESIDENTIAL PROPERTY OR CONSTRUCTION EXCLUSION
IL 00 21 (09/08) - NUCLEAR ENERGY LIAB EXCL ENDST
FMIC CLAIM NOTIFICATION (12/2006)
Schedule FMIC-END (12/10) Page 1 of 1
FILED: NEW YORK COUNTY CLERK 12/09/2022 02:53 PM INDEX NO. 656604/2022
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/09/2022
C OMMERCIAL GENERAL LIABILITY
CG 00 01 12 07
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage. b. This i nsurance applies to "bodily injury" and
Read the entire policy carefully to determine rights, "property damage" only if:
duties and what is and is not covered. (1) The "bodily injury" or "property damage" is
Throughout this policy the words "you" and "your" caused by an "occurrence" that takes place
refer to the N amed Insured shown in the Declarations, in the "coverage territory";
and any other person or organization qualifying as a (2) The "bodily inj ury"or "property damage"
Named Insured under this polic y. The words "we", occurs during the policy period; and
"us" and "our" refer to the company providing this
insurance. (3) Prior to the pol icyperiod, no insured listed
under Paragraph 1. of Section II – Who Is
The word "insured" means any person or organization An Insured and no "employee" authorized
qualifying as such under Secti on II – Who Is An by you to give or receive notic e of an
Insured. "occurrence" or claim, knew that the "bodily
Other words and phrases that appear in quotation injury" or "property damage" had occurred,
marks have special meaning. Refer to Section V – in whole or in part. If such a listed insured
Definitions. or authorized "employee" knew, prior to the
SECT ION I – COVERAGES policy period, that the "bodily inj ury"or
"property damage" occurred, then any
COVERAGE A BODILY INJU RY AND PROPERTY continuati on, change or resumption of such
DAMAGE LIABIL IT Y "bodil yinjury" or "property damage" during
1. Insu ring Ag reement or after the policy peri od will be deemed to
have been known prior to the polic y period.
a. We will pay those sums that the ins ured
becomes legally obligated to pay as damages c. "Bodily injury" or "property damage" which
because of "bodily injury" or "property damage" occurs during the polic y period and was not,
to which this insurance applies. We w illhave prior to the policy period, known to have
the right and duty to defend the insured against occurr ed by any insured listed under
any "suit" seeking those damages. However, Paragraph 1. of Section II – Who Is An Insured
we will have no duty to defend the insured or any "employee" authorized by you to give or
against any "suit" seeking damages for "bodily receive notice of an "occurrence" or claim,
injury" or "pr operty damage" to which this includes any continuation, change or
insurance does not apply. We may, at our resumption of that "bodily injury" or "property
discretion, investigate any "occurrence" and damage" after the end of the policy period.
settle any claim or "suit" that may result. But: d. "Bodily injury" or "property damage" will be
(1) The amount we will pay for damages is deemed to have been known to have occurred
limited as described in Section III– Limits at the earli est time when any insured listed
Of Insur ance; and under Paragraph 1. of Section II – Who Is An
Insured or any "employee" authori zed by you to
(2) Our ri ght and duty to defend ends when we
give or receive notice of an "occurrence" or
have used up the applicable limit of
claim:
insurance in the payment of judgments or
settlements under Coverages A or B or (1) Reports all , or any part, of the "bodi ly injury"
medical expenses under Coverage C. or "property damage" to us or any other
insurer;
No other obligation or liabilityto pay sums or
perform acts or services is covered unless (2) Receives a written or verbal demand or
explicitly provided for under Supplementary claim for damages because of the "bodily
Payments – Coverages A and B. injury" or "property damage"; or
(3) Becomes aware by any other means that
"bodil y injury" or "property damage" has
occurred or has begun to occur.
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FILED: NEW YORK COUNTY CLERK 12/09/2022 02:53 PM INDEX NO. 656604/2022
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/09/2022
e.Damages because of "bodily inj ury" include c. Liquor Liability
damages claimed by any person or "Bodily injur y"or "property damage" for which
organization for care, loss of services or death any insured may be held liable by reason of:
resulting at any time fr om the "bodily injury".
(1) Causing or contributing to the intoxication of
2. Exclusions any person;
This insur ance does not apply to: (2) The furnishing of alcoholic beverages to a
a. Expected Or Intended Injury person under the legal drinking age or
"Bodi ly injury" or "property damage" ex pected under the influence of alcohol ; or
or intended from the standpoint of the insured. (3) Any statute, ordinance or regulation relating
This exclusion does not appl y to "bodily injury" to the sale, gift, distribution or use of
resulting from the use of reasonabl e force to alc oholic beverages.
protect persons or property. This exclusion applies only ifyou are in the
b. Con tractual Liability business of manufacturing, distributing, selling,
serving or furnishing alcoholic beverages.
"Bodi ly injury" or "property damage" for which
the insured is obligated to pay damages by d. Workers' Compensation And Similar Laws
reason of the assumpti on of liabilityin a
Any obligati on of the insured under a workers'
contract or agreement. This exc lusion does not compensation, disability benefits or
apply to liability for damages: unemployment compensation law or any
(1) That the insured woul d have in the absence simi lar law.
of the contract or agreement; or e. Employer's Liability
(2) Assumed i n a contract or agreement that is "Bodily i njury" to:
an "i nsured contract", provided the "bodily
injury" or "property damage" occurs (1) An "employee" of the insured arising out of
subsequent to the execution of the contract and in the course of:
or agreement. Solely for the purposes of (a) Empl oyment by the insured; or
liability assumed in an "insured c ontract", (b) Performing duties related to the conduct
reasonable attorney fees and necessary
of the insured's busi ness; or
litigati on expenses incurred by or for a party
other than an insured are deemed to be (2) The spouse, child, parent, brother or sister
damages because of "bodily injury" or of that "employee" as a consequence of
"property damage", provided: Paragraph (1) above.
(a) Liability to such party for, or for the cost This exclusion applies whether the insured
of, that party's defense has als o been may be liableas an employer or in any other
assumed in the s ame "insured c ontract"; capacity and to any obligation to share
and damages with or repay someone else who
must pay damages becaus e of the injury.
(b) Such attorney fees and litigation
expenses are for defense of that party This exclusion does not appl y to liability
against a civil or alternative dispute assumed by the insured under an "insured
resolution proceeding in whic h damages contract".
to which this i nsurance applies are
alleged.
CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 2 of 16
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NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/09/2022
f.Pollution (d) At or from any premises, site or location
(1) "Bodi ly injury" or "property damage" arising on which any insured or any contractors
out of the actual, alleged or threatened or subcontractors wor king directly or
discharge, dispersal, seepage, migrati on, indirectly on any insured's behalf are
release or escape of "pollutants": performing operations ifthe "pollutants"
are brought on or to the premises, site
(a) At or from any premises, site or location or location in connection with such
which is or was at any ti me owned or operations by suc h insured, contractor
occupied by, or rented or l oaned to, any or subcontractor. However, this
insured. However , this subparagraph subparagraph does not apply to:
does not apply to:
(i) "Bodily injury" or "property damage"
(i) "Bodily inj ury"if sustained within a arising out of the escape of fuels,
building and caused by smoke, lubricants or other operating fluids
fumes, vapor or soot produced by or which are needed to perform the
originating from equi pment that is normal electrical, hydraulic or
used to heat, cool or dehumidify the mechani cal functions necessary for
building, or equipment that is used to the operation of "mobile equipment"
heat water for personal use, by the or itsparts, ifsuch fuels, lubricants
building's occupants or their guests; or other operati ng fluids escape from
(ii) "Bodily i nj ury"
or "property damage" a vehicle part designed to hold, store
for which you may be held liabl e,if or recei ve them. T his exception does
you are a contractor and the owner not apply if the "bodily injury" or
or lessee of such premises, site or "property damage" arises out of the
location has been added to your intentional discharge, dispersal or
policy as an additional insured with release of the fuels, lubricants or
respect to your ongoing operations other operating fluids, or if such
performed for that additional ins ured fuels, lubricants or other operating
at that premises, site or location and fluids are brought on or to the
such premises, site or location is not premises, site or location with the
and never was owned or occupied intent that they be discharged,
by, or rented or loaned to, any dispersed or released as part of the
insured, other than that additi onal operations being performed by such
insured; or insured, contractor or subcontractor;
(iii)"Bodily i njury"or "property damage" (ii)"Bodily injury" or "property damage"
arising out of heat, smoke or fumes sustained within a building and
from a "hostile fire"; caused by the releas e of gases,
fumes or vapors from materials
(b) At or from any premises, site or location
brought into that building in
which is or was at any time used by or
connection with operations being
for any insured or others for the
handling, storage, disposal, processing performed by you or on your behalf
or treatment of waste; by a c ontractor or subcontractor; or
(iii)"Bodily injury" or "property damage"
(c) Which are or were at any ti me
arising out of heat, smoke or fumes
transported, handled, stored, treated,
from a "hosti le fire".
disposed of,or processed as waste by
or for: (e) At or from any premises, site or location
on which any insured or any contractors
(i) Any insured; or
or subcontractors wor king directly or
(ii) Any person or organization for whom indirectly on any insured's behalf are
you may be legally responsible; or performing operations if the operations
are to test for, monitor, c lean up,
remove, contain, treat, detoxify or
neutralize, or in any way respond to, or
assess the effects of, "pol lutants".
CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 3 of 16
FILED: NEW YORK COUNTY CLERK 12/09/2022 02:53 PM INDEX NO. 656604/2022
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/09/2022
(2)Any loss, cost or expense arising out of any: (5) "Bodil y injury" or "property damage" arising
(a) Request, demand, order or statutory or out of:
regulatory requirement that any insured (a) The operation of machinery or
or others test for, monitor, clean up, equipment that is attached to, or part of,
remove, contain, treat, detoxify or a land vehicle that would qualify under
neutralize, or in any way respond to, or the definition of "mobile equipment" ifit
assess the effects of, "pollutants "; or were not subject to a c ompulsory or
(b) Claim or "suit" by or on behalf of a financ ial responsibility law or other
governmental authority for damages motor vehicl e ins urance law in the s tate
because of testing for, monitoring, where it is licensed or princi pally
cleaning up, removing, containing, garaged; or
treating, detoxifying or neutralizing, or in (b) the operation of any of the machinery or
any way responding to, or assessing the equipment listed in Paragraph f.(2) or
effects of, "pollutants". f.(3) of the definition of "mobile
However, this paragraph does not apply to equipment".
liabilityfor damages because of "pr operty h. Mobile Equipment
damage" that the insured w ould have in the "Bodily injury" or "property damage" arising out
absence of such request, demand, order or of:
statutory or r egulatory requirement, or such
claim or "suit" by or on behalf of a (1) The transpor tation of "mobile equipment" by
governmental authority. an "auto" owned or operated by or rented or
loaned to any insured; or
g. Aircraft, Au to Or Watercraft
(2) The use of "mobile equipment" in, or w hile
"Bodi ly injury" or "property damage" arising out in practice for, or while bei ng prepared for,
of the ownership, maintenance, use or any prearranged racing, speed, demolition,
entrustment to others of any aircraft, "auto" or or stunting activity.
watercraft owned or operated by or rented or
loaned to any insured. Use includes operation i. War
and "loading or unloading". "Bodily injury" or "property damage", however
This exclusion applies even if the claims caused, arising, directly or indirectly, out of:
against any insured allege negligence or other (1) War, including undecl ared or civi l war;
wrongdoi ng in the supervision, hiring,
(2) Warlik e action by a military forc e, incl uding
employment, training or monitoring of others by
action in hindering or defending against an
that insured, if the "occurrence" which caused actual or expected attack, by any
the "bodily injury" or "property damage"
government, sovereign or other authority
involved the owners hip, maintenance, use or usi ng military personnel or other agents; or
entrustment to others of any aircraft, "auto" or
watercraft that is owned or operated by or (3) Insurrection, rebellion, revolution, usurped
rented or loaned to any insured. power, or action taken by governmental
authority in hindering or defending against
This exclusion does not apply to:
any of these.
(1) A watercraft while ashore on premises you j. Damage To Property
own or rent;
"Property damage" to:
(2) A watercraft you do not own that is:
(1) Property you own, rent, or occupy, incl uding
(a) Less than 26 feet long; and
any costs or expenses incurred by you, or
(b) Not being used to carry persons or any other person, or ganization or entity, for
property for a c harge; repair, replacement, enhancement,
(3) Parking an "auto" on, or on the ways next restoration or maintenance of such property
to,premises you own or rent, provided the for any reason, including prevention of
"auto" is not owned by or r ented or loaned injury to a person or damage to another's
to you or the insured; property;
(4) Liabili tyassumed under any "ins ured (2) Premises you sell, give away or abandon, if
contract" for the owner shi p, maintenance or the "property damage" arises out of any
use of aircraft or watercraft; or part of those premises;
(3) Property l oaned to you;
(4) Personal property in the care, custody or
control of the insured;
CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 4 of 16
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NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/09/2022
(5)T hat par ticular par t of real property on which you or This exclusion does not apply to the loss of use
any contractors or subcontractors working of other property arising out of sudden and
directly or indirectly on your behalf are acci dental physical injury to "your product" or
performing operations, if the "pr operty "your work" after it has been put to its intended
damage" arises out of those operations; or use.
(6) That particular part of any property that n. Recall Of Pro ducts, Wo rk Or Impaired
must be restored, repaired or replaced Property
because "your work" was incorrectly Damages claimed for any loss, cost or
performed on it. expense incurred by you or other s for the l oss
Paragraphs (1), (3) and (4) of this exclusion do of use, withdrawal, recall, inspection, repair,
not apply to "property damage" (other than replacement, adjustment, removal or disposal
damage by fire) to premises, including the of:
contents of such premises, rented to you for a (1) "Your product";
period of 7 or fewer consecutive days. A
separate limit of insur ance applies to Damage (2) "Your work"; or
To Premises Rented To You as described in (3) "Impaired property";
Section III – Limits Of Insurance.
ifsuch product, work, or property is withdrawn
Paragraph (2) of this exclusion does not apply or recalled from the mark et or from use by any
if the premises are "your work" and were never person or organization because of a known or
occupied, rented or held for rental by you. suspected defect, deficiency, inadequac y or
Paragraphs (3), (4), (5) and (6) of this dangerous condition in it.
exclusion do not apply to liabilityassumed o. Personal And Advertising Injury
under a sidetrack agreement. "Bodily i njury" arising out of "personal and
Paragraph (6) of this exclusion does not apply advertising injury".
to "property damage" included in the "products- p. Electronic Data
completed operations hazard".
Damages arising out of the loss of, loss of use
k. Damage To Your Product
of, damage to, corruption of, inability to access,
"Property damage" to "your product" arising out or i nability to manipulate electronic data.
of it or any part of it.
As used in this exclusion, electronic data
l. Damage To Your Work means information, facts or programs stor ed as
"Property damage" to "your work" arising out of or on, created or used on, or transmitted to or
it or any part of it and included in the "products- from computer software, including systems and
completed operations hazard". appl ications software, hard or floppy di sks, CD-
ROMS, tapes, drives, cells, data processing
This exclusion does not apply if the damaged devices or any other media which are used
work or the work out of which the damage with electronically controlled equipment.
arises was performed on your behalf by a
subcontractor. q. Distribution Of Material In Vio lation Of
Stat utes
m. Damage To Impaired Property Or Pro pert y
Not Ph ysically Injured "Bodily injury" or "proper ty damage" arising
directl y or indirectly out of any action or
"Property damage" to "impaired property" or omission that violates or is alleged to violate:
property that has not been physically injured,
arising out of: (1) The Telephone Consumer Protection Act
(TC PA), including any amendment of or
(1) A defect, defi ciency, inadequacy or addition to such law; or
dangerous condition in "your product" or
"your work"; or (2) The CAN-SPAM Act of 2003, including any
amendment of or addition to such law; or
(2) A delay or failure by you or anyone acting
on your behalf to perform a contract or (3) Any statute, ordinance or regulation, other
agreement in accordance with its terms. than the TCPA or CAN -SPAM Act of 2003,
that prohibits or limits the sending,
transmitting, communicating or distribution
of material or information.
CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 5 of 16
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NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/09/2022
Exclusions c. through n. do not apply to damage c. Material Published Prior To Policy Period
by fire to premises while rented to you or "Personal and advertisi ng i njury"arising out of
temporarily occupied by you wi th permission of the oral or written publication of material whose
owner. A separate limit of insurance applies to this first publication took place before the beginning
coverage as described in Section III– Limits Of of the policy period.
Ins uranc e.
d. Criminal Acts
COVERAGE B PER SON AL AND ADVERTISING
INJURY L IABILIT Y "Personal and advertisi ng i njury" arising out of
a criminal act committed by or at the direction
1. Insuring Agreement of the insured.
a. We will pay those sums that the ins ured e. Contractual Liability
becomes legally obl igated to pay as damages
because of "personal and advertising injury" to "Personal and advertisi ng injury" for which the
which this insurance applies. We will have the insured has assumed liabilityin a contract or
right and duty to defend the insured against agreement. This exclusion does not appl y to
any "suit"seeking those damages. However, liabilityfor damages that the insured would
we will have no duty to defend the insured have in the absence of the contract or
agains t any "suit" seeking damages for agreement.
"personal and advertising injury" to which this f. Breach Of Contract
insurance does not apply. We may, at our
"Personal and advertisi ng i njury"arising out of
discretion, investigate any offense and settle
a breach of contract, except an implied
any claim or "suit" that may result. But:
contract to use another's adver tising idea in
(1) The amount we will pay for damages is your "adverti sement".
limited as described
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FILED: NEW YORK COUNTY CLERK 12/09/2022 02:53 PM INDEX NO. 656604/2022 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/09/2022 EXHIBIT “B” EXHIBIT “B” FILED: NEW YORK COUNTY CLERK 12/09/2022 02:53 PM INDEX NO. 656604/2022 NYSCEF DOC. NO. 23 FIRST MERCURY INSURANCE COMPANYRECEIVED NYSCEF: 12/09/2022 (A STOCK COMPANY) STATUTORY HOME OFFICE: ONE SOUTH WACKER DRIVE, SUITE 1350, CHICAGO, IL 60606 ADMINISTRATIVE OFFICE: 26600 TELEGRAPH RD., SOUTHFIELD, MI 48033 GENERAL LIABILITY POLICY DECLARATIONS Serviced by: CoverX Specialty POLICY NUMBER NY-CGL-0000057791-01 RENEWAL OF: NEW NAMED INSURED AND MAILING ADDRESS BROKER NAME AND ADDRESS A&G.V. Stucco Construction Corp Morstan General Agency Inc 24-49 96th Street 600 Community Dr Elmhurst, NY 11373 Manhasset, NY 11030 POLICY PERIOD From: 9/18/2015 To: 9/18/2016 AT 12:01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. LIMITS OF INSURANCE: Defense Costs are outside the limits of Liability Each Occurrence Limit: $1,000,000 Employee Benefits Liability: Excluded Personal & Advertising Injury Limit: $1,000,000 Employee Benefits Aggregate Limit: Excluded General Aggregate Limit: $2,000,000 Liquor Liability Limit: Excluded Products-Completed Operations Aggregate Limit: $2,000,000 Liquor Liability Aggregate: Excluded Damage To Premises Rented To You: $50,000 Designated Construction Projects Medical Payment Limit: Excluded General Aggregate Limit: $2,000,000 Total Policy Aggregate Limit: $5,000,000 RETAINED LIMIT: See form FMIC GL 2015 (01/14) PREMIUM COMPUTATION: Premium: $101,500 Inspection Fee: $250 Coverage for certified acts of terrorism has been rejected; exclusion attached. X (Per TRIA Disclosure Notice.) DEPOSIT PREMIUM: $101,500 DESCRIPTION OF BUSINESS:Wrecking-bldgs or structures-NOC FORM OF BUSINESS: INDIVIDUAL PARTNERSHIP X ORGANIZATION, INCLUDING A CORPORATION (BUT NOT JOINT VENTURE LIMITED PARTNERSHIP INCLUDING A PARTNERSHIP, JOINT VENTURE OR LIMITED LIMITED LIABILITY COMPANY LIABILITY COMPANY) ENDORSEMENTS ATTACHED TO THIS POLICY: See Schedule FMIC-END - Schedule of Forms and Endorsements THE INSURER(S) NAMED HEREIN IS (ARE) NOT LICENSED BY THE STATE OF NEW YORK, NOT SUBJECT TO ITS SUPERVISION, AND IN THE EVENT OF THE INSOLVENCY OF THE INSURER(S), NOT PROTECTED BY THE NEW YORK STATE SECURITY FUNDS. THE POLICY MAY NOT BE SUBJECT TO ALL OF THE REGULATIONS OF THE DEPARTMENT OF FINANCIAL SERVICES PERTAINING TO POLICY FORMS. IMPORTANT! Please carefully examine your policy as it may contain significant coverage modifications or exclusions. If this policy is a renewal, it may not contain the same precise terms and conditions as the prior policy. Date: 10/1/2015 Authorized Representative: THESE DECLARATIONS, TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE FORM(S) AND ANY ENDORSEMENT(S), COMPLETE THE ABOVE NUMBERED POLICY. FMIC-GL-DS-0001 (12/10) FILED: NEW YORK COUNTY CLERK 12/09/2022 02:53 PM INDEX NO. 656604/2022 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/09/2022 EXTENSION OF DECLARATIONS Policy Number: NY-CGL-0000057791-01 Location of Premises: 1 24-49 96TH STREET ELMHURST NEW YORK 11373 Classification and Premium: Exposure Basis Exposure Amount Rate Deposit Premium Payroll $400.0000/Per $1,000 of Payroll Flat Charge 0 Flat Charge $1,500 A.I. forms for The Moxy Motel FMIC-GL-DS-EXT (12/10) FILED: NEW YORK COUNTY CLERK 12/09/2022 02:53 PM INDEX NO. 656604/2022 Insured:DOC. NYSCEF NO.A&G.V. 23 Stucco Construction Corp RECEIVED NYSCEF: 12/09/2022 Policy Number: NY-CGL-0000057791-01 SCHEDULE OF FORMS AND ENDORSEMENTS (other than applicable forms shown elsewhere in the policy) Forms and Endorsements applying to and made part of this policy at the time of issuance: CG 00 01 (12/07) - COMMERCIAL GENERAL LIABILITY COVERAGE FORM IL 00 17 (11/98) - COMMON POLICY CONDITIONS FMIC LEGAL (04/14) - SERVICE OF SUIT CG 00 68 (05/09) - RECORD AND DISTRIBUTE OF MATERIAL IN VIOLATION CG 20 10 (04/13) - AI - OWNERS, LESSEES OR CONTRACTORS - SCHED PERSON ORG CG 20 37 (04/13) - AI - OWNERS, LESSEES OR CONTRACTORS - COMP OPS CG 20 37 (04/13) - AI - OWNERS, LESSEES OR CONTRACTORS - COMP OPS CG 21 35 (10/01) - EXCLUSION - COVERAGE C - MEDICAL PAYMENTS CG 21 47 (12/07) - EMPLOYMENT RELATED PRACTICES EXCLUSION CG 21 49 (09/99) - TOTAL POLLUTION EXCLUSION ENDORSEMENT CG 21 54 (01/96) - EXCL DESG OP COVERED BY CONSOLIDATED WRAP UPS CG 21 67 (12/04) - FUNGI OR BACTERIA EXCLUSION CG 21 75 (01/15) - EXCL OF TERROR AND EXCL OF OTHER ACTS OUTSIDE OF US CG 21 86 (12/04) - EXCLUSION - EXTERIOR INSULATION AND FINISH SYSTEMS CG 22 79 (04/13) - EXCLUSION - CONTRACTORS PROFESSIONAL LIABILITY CG 24 04 (05/09) - WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS CG 24 26 (04/13) - AMENDMENT OF INSURED CONTRACT DEFINITION FMIC GL 1002 (10/12) - PRIMARY AND NON-CONTRIBUTING INSURANCE FMIC GL 2010 (01/14) - CROSS SUITS ENDORSEMENT FMIC GL 2011 (04/11) - CONTINUOUS OR PROGRESSIVE INJURY AND DAMAGE EXCL FMIC GL 2015 (01/14) - POLICY DEDUCTIBLE ENDORSEMENT FMIC GL 2017 (01/11) - DESIGNATED CONSTRUCT PROJECT GEN AGG LIMIT FMIC GL 2077 (09/14) - HAZARDOUS MATERIALS EXCLUSION FMIC GL 2088 (02/12) - EXCLUSION - PUNITIVE OR EXEMPLARY DAMAGES FMIC GL 2093 (07/11) - EXCLUSION - INDEPENDENT CONTRACTORS FMIC GL 2152 (07/11) - SUBSIDENCE EXCLUSION FMIC GL 2163 (03/15) - MINIMUM EARNED PREMIUM ENDORSEMENT FMIC GL 2169 (09/12) - ROOFING OPERATIONS WARRANTIES FMIC GL 2203 (10/14) - BASIS OF PREMIUM ENDORSEMENT FMIC GL 2595 (03/15) - EXCLUSION - INDEPENDENT CONTRACTORS EMPLOYEES FMIC GL 2615 (06/15) - RESIDENTIAL PROPERTY OR CONSTRUCTION EXCLUSION IL 00 21 (09/08) - NUCLEAR ENERGY LIAB EXCL ENDST FMIC CLAIM NOTIFICATION (12/2006) Schedule FMIC-END (12/10) Page 1 of 1 FILED: NEW YORK COUNTY CLERK 12/09/2022 02:53 PM INDEX NO. 656604/2022 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/09/2022 C OMMERCIAL GENERAL LIABILITY CG 00 01 12 07 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. b. This i nsurance applies to "bodily injury" and Read the entire policy carefully to determine rights, "property damage" only if: duties and what is and is not covered. (1) The "bodily injury" or "property damage" is Throughout this policy the words "you" and "your" caused by an "occurrence" that takes place refer to the N amed Insured shown in the Declarations, in the "coverage territory"; and any other person or organization qualifying as a (2) The "bodily inj ury"or "property damage" Named Insured under this polic y. The words "we", occurs during the policy period; and "us" and "our" refer to the company providing this insurance. (3) Prior to the pol icyperiod, no insured listed under Paragraph 1. of Section II – Who Is The word "insured" means any person or organization An Insured and no "employee" authorized qualifying as such under Secti on II – Who Is An by you to give or receive notic e of an Insured. "occurrence" or claim, knew that the "bodily Other words and phrases that appear in quotation injury" or "property damage" had occurred, marks have special meaning. Refer to Section V – in whole or in part. If such a listed insured Definitions. or authorized "employee" knew, prior to the SECT ION I – COVERAGES policy period, that the "bodily inj ury"or "property damage" occurred, then any COVERAGE A BODILY INJU RY AND PROPERTY continuati on, change or resumption of such DAMAGE LIABIL IT Y "bodil yinjury" or "property damage" during 1. Insu ring Ag reement or after the policy peri od will be deemed to have been known prior to the polic y period. a. We will pay those sums that the ins ured becomes legally obligated to pay as damages c. "Bodily injury" or "property damage" which because of "bodily injury" or "property damage" occurs during the polic y period and was not, to which this insurance applies. We w illhave prior to the policy period, known to have the right and duty to defend the insured against occurr ed by any insured listed under any "suit" seeking those damages. However, Paragraph 1. of Section II – Who Is An Insured we will have no duty to defend the insured or any "employee" authorized by you to give or against any "suit" seeking damages for "bodily receive notice of an "occurrence" or claim, injury" or "pr operty damage" to which this includes any continuation, change or insurance does not apply. We may, at our resumption of that "bodily injury" or "property discretion, investigate any "occurrence" and damage" after the end of the policy period. settle any claim or "suit" that may result. But: d. "Bodily injury" or "property damage" will be (1) The amount we will pay for damages is deemed to have been known to have occurred limited as described in Section III– Limits at the earli est time when any insured listed Of Insur ance; and under Paragraph 1. of Section II – Who Is An Insured or any "employee" authori zed by you to (2) Our ri ght and duty to defend ends when we give or receive notice of an "occurrence" or have used up the applicable limit of claim: insurance in the payment of judgments or settlements under Coverages A or B or (1) Reports all , or any part, of the "bodi ly injury" medical expenses under Coverage C. or "property damage" to us or any other insurer; No other obligation or liabilityto pay sums or perform acts or services is covered unless (2) Receives a written or verbal demand or explicitly provided for under Supplementary claim for damages because of the "bodily Payments – Coverages A and B. injury" or "property damage"; or (3) Becomes aware by any other means that "bodil y injury" or "property damage" has occurred or has begun to occur. CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 1 of 16 FILED: NEW YORK COUNTY CLERK 12/09/2022 02:53 PM INDEX NO. 656604/2022 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/09/2022 e.Damages because of "bodily inj ury" include c. Liquor Liability damages claimed by any person or "Bodily injur y"or "property damage" for which organization for care, loss of services or death any insured may be held liable by reason of: resulting at any time fr om the "bodily injury". (1) Causing or contributing to the intoxication of 2. Exclusions any person; This insur ance does not apply to: (2) The furnishing of alcoholic beverages to a a. Expected Or Intended Injury person under the legal drinking age or "Bodi ly injury" or "property damage" ex pected under the influence of alcohol ; or or intended from the standpoint of the insured. (3) Any statute, ordinance or regulation relating This exclusion does not appl y to "bodily injury" to the sale, gift, distribution or use of resulting from the use of reasonabl e force to alc oholic beverages. protect persons or property. This exclusion applies only ifyou are in the b. Con tractual Liability business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. "Bodi ly injury" or "property damage" for which the insured is obligated to pay damages by d. Workers' Compensation And Similar Laws reason of the assumpti on of liabilityin a Any obligati on of the insured under a workers' contract or agreement. This exc lusion does not compensation, disability benefits or apply to liability for damages: unemployment compensation law or any (1) That the insured woul d have in the absence simi lar law. of the contract or agreement; or e. Employer's Liability (2) Assumed i n a contract or agreement that is "Bodily i njury" to: an "i nsured contract", provided the "bodily injury" or "property damage" occurs (1) An "employee" of the insured arising out of subsequent to the execution of the contract and in the course of: or agreement. Solely for the purposes of (a) Empl oyment by the insured; or liability assumed in an "insured c ontract", (b) Performing duties related to the conduct reasonable attorney fees and necessary of the insured's busi ness; or litigati on expenses incurred by or for a party other than an insured are deemed to be (2) The spouse, child, parent, brother or sister damages because of "bodily injury" or of that "employee" as a consequence of "property damage", provided: Paragraph (1) above. (a) Liability to such party for, or for the cost This exclusion applies whether the insured of, that party's defense has als o been may be liableas an employer or in any other assumed in the s ame "insured c ontract"; capacity and to any obligation to share and damages with or repay someone else who must pay damages becaus e of the injury. (b) Such attorney fees and litigation expenses are for defense of that party This exclusion does not appl y to liability against a civil or alternative dispute assumed by the insured under an "insured resolution proceeding in whic h damages contract". to which this i nsurance applies are alleged. CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 2 of 16 FILED: NEW YORK COUNTY CLERK 12/09/2022 02:53 PM INDEX NO. 656604/2022 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/09/2022 f.Pollution (d) At or from any premises, site or location (1) "Bodi ly injury" or "property damage" arising on which any insured or any contractors out of the actual, alleged or threatened or subcontractors wor king directly or discharge, dispersal, seepage, migrati on, indirectly on any insured's behalf are release or escape of "pollutants": performing operations ifthe "pollutants" are brought on or to the premises, site (a) At or from any premises, site or location or location in connection with such which is or was at any ti me owned or operations by suc h insured, contractor occupied by, or rented or l oaned to, any or subcontractor. However, this insured. However , this subparagraph subparagraph does not apply to: does not apply to: (i) "Bodily injury" or "property damage" (i) "Bodily inj ury"if sustained within a arising out of the escape of fuels, building and caused by smoke, lubricants or other operating fluids fumes, vapor or soot produced by or which are needed to perform the originating from equi pment that is normal electrical, hydraulic or used to heat, cool or dehumidify the mechani cal functions necessary for building, or equipment that is used to the operation of "mobile equipment" heat water for personal use, by the or itsparts, ifsuch fuels, lubricants building's occupants or their guests; or other operati ng fluids escape from (ii) "Bodily i nj ury" or "property damage" a vehicle part designed to hold, store for which you may be held liabl e,if or recei ve them. T his exception does you are a contractor and the owner not apply if the "bodily injury" or or lessee of such premises, site or "property damage" arises out of the location has been added to your intentional discharge, dispersal or policy as an additional insured with release of the fuels, lubricants or respect to your ongoing operations other operating fluids, or if such performed for that additional ins ured fuels, lubricants or other operating at that premises, site or location and fluids are brought on or to the such premises, site or location is not premises, site or location with the and never was owned or occupied intent that they be discharged, by, or rented or loaned to, any dispersed or released as part of the insured, other than that additi onal operations being performed by such insured; or insured, contractor or subcontractor; (iii)"Bodily i njury"or "property damage" (ii)"Bodily injury" or "property damage" arising out of heat, smoke or fumes sustained within a building and from a "hostile fire"; caused by the releas e of gases, fumes or vapors from materials (b) At or from any premises, site or location brought into that building in which is or was at any time used by or connection with operations being for any insured or others for the handling, storage, disposal, processing performed by you or on your behalf or treatment of waste; by a c ontractor or subcontractor; or (iii)"Bodily injury" or "property damage" (c) Which are or were at any ti me arising out of heat, smoke or fumes transported, handled, stored, treated, from a "hosti le fire". disposed of,or processed as waste by or for: (e) At or from any premises, site or location on which any insured or any contractors (i) Any insured; or or subcontractors wor king directly or (ii) Any person or organization for whom indirectly on any insured's behalf are you may be legally responsible; or performing operations if the operations are to test for, monitor, c lean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pol lutants". CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 3 of 16 FILED: NEW YORK COUNTY CLERK 12/09/2022 02:53 PM INDEX NO. 656604/2022 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/09/2022 (2)Any loss, cost or expense arising out of any: (5) "Bodil y injury" or "property damage" arising (a) Request, demand, order or statutory or out of: regulatory requirement that any insured (a) The operation of machinery or or others test for, monitor, clean up, equipment that is attached to, or part of, remove, contain, treat, detoxify or a land vehicle that would qualify under neutralize, or in any way respond to, or the definition of "mobile equipment" ifit assess the effects of, "pollutants "; or were not subject to a c ompulsory or (b) Claim or "suit" by or on behalf of a financ ial responsibility law or other governmental authority for damages motor vehicl e ins urance law in the s tate because of testing for, monitoring, where it is licensed or princi pally cleaning up, removing, containing, garaged; or treating, detoxifying or neutralizing, or in (b) the operation of any of the machinery or any way responding to, or assessing the equipment listed in Paragraph f.(2) or effects of, "pollutants". f.(3) of the definition of "mobile However, this paragraph does not apply to equipment". liabilityfor damages because of "pr operty h. Mobile Equipment damage" that the insured w ould have in the "Bodily injury" or "property damage" arising out absence of such request, demand, order or of: statutory or r egulatory requirement, or such claim or "suit" by or on behalf of a (1) The transpor tation of "mobile equipment" by governmental authority. an "auto" owned or operated by or rented or loaned to any insured; or g. Aircraft, Au to Or Watercraft (2) The use of "mobile equipment" in, or w hile "Bodi ly injury" or "property damage" arising out in practice for, or while bei ng prepared for, of the ownership, maintenance, use or any prearranged racing, speed, demolition, entrustment to others of any aircraft, "auto" or or stunting activity. watercraft owned or operated by or rented or loaned to any insured. Use includes operation i. War and "loading or unloading". "Bodily injury" or "property damage", however This exclusion applies even if the claims caused, arising, directly or indirectly, out of: against any insured allege negligence or other (1) War, including undecl ared or civi l war; wrongdoi ng in the supervision, hiring, (2) Warlik e action by a military forc e, incl uding employment, training or monitoring of others by action in hindering or defending against an that insured, if the "occurrence" which caused actual or expected attack, by any the "bodily injury" or "property damage" government, sovereign or other authority involved the owners hip, maintenance, use or usi ng military personnel or other agents; or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or (3) Insurrection, rebellion, revolution, usurped rented or loaned to any insured. power, or action taken by governmental authority in hindering or defending against This exclusion does not apply to: any of these. (1) A watercraft while ashore on premises you j. Damage To Property own or rent; "Property damage" to: (2) A watercraft you do not own that is: (1) Property you own, rent, or occupy, incl uding (a) Less than 26 feet long; and any costs or expenses incurred by you, or (b) Not being used to carry persons or any other person, or ganization or entity, for property for a c harge; repair, replacement, enhancement, (3) Parking an "auto" on, or on the ways next restoration or maintenance of such property to,premises you own or rent, provided the for any reason, including prevention of "auto" is not owned by or r ented or loaned injury to a person or damage to another's to you or the insured; property; (4) Liabili tyassumed under any "ins ured (2) Premises you sell, give away or abandon, if contract" for the owner shi p, maintenance or the "property damage" arises out of any use of aircraft or watercraft; or part of those premises; (3) Property l oaned to you; (4) Personal property in the care, custody or control of the insured; CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 4 of 16 FILED: NEW YORK COUNTY CLERK 12/09/2022 02:53 PM INDEX NO. 656604/2022 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/09/2022 (5)T hat par ticular par t of real property on which you or This exclusion does not apply to the loss of use any contractors or subcontractors working of other property arising out of sudden and directly or indirectly on your behalf are acci dental physical injury to "your product" or performing operations, if the "pr operty "your work" after it has been put to its intended damage" arises out of those operations; or use. (6) That particular part of any property that n. Recall Of Pro ducts, Wo rk Or Impaired must be restored, repaired or replaced Property because "your work" was incorrectly Damages claimed for any loss, cost or performed on it. expense incurred by you or other s for the l oss Paragraphs (1), (3) and (4) of this exclusion do of use, withdrawal, recall, inspection, repair, not apply to "property damage" (other than replacement, adjustment, removal or disposal damage by fire) to premises, including the of: contents of such premises, rented to you for a (1) "Your product"; period of 7 or fewer consecutive days. A separate limit of insur ance applies to Damage (2) "Your work"; or To Premises Rented To You as described in (3) "Impaired property"; Section III – Limits Of Insurance. ifsuch product, work, or property is withdrawn Paragraph (2) of this exclusion does not apply or recalled from the mark et or from use by any if the premises are "your work" and were never person or organization because of a known or occupied, rented or held for rental by you. suspected defect, deficiency, inadequac y or Paragraphs (3), (4), (5) and (6) of this dangerous condition in it. exclusion do not apply to liabilityassumed o. Personal And Advertising Injury under a sidetrack agreement. "Bodily i njury" arising out of "personal and Paragraph (6) of this exclusion does not apply advertising injury". to "property damage" included in the "products- p. Electronic Data completed operations hazard". Damages arising out of the loss of, loss of use k. Damage To Your Product of, damage to, corruption of, inability to access, "Property damage" to "your product" arising out or i nability to manipulate electronic data. of it or any part of it. As used in this exclusion, electronic data l. Damage To Your Work means information, facts or programs stor ed as "Property damage" to "your work" arising out of or on, created or used on, or transmitted to or it or any part of it and included in the "products- from computer software, including systems and completed operations hazard". appl ications software, hard or floppy di sks, CD- ROMS, tapes, drives, cells, data processing This exclusion does not apply if the damaged devices or any other media which are used work or the work out of which the damage with electronically controlled equipment. arises was performed on your behalf by a subcontractor. q. Distribution Of Material In Vio lation Of Stat utes m. Damage To Impaired Property Or Pro pert y Not Ph ysically Injured "Bodily injury" or "proper ty damage" arising directl y or indirectly out of any action or "Property damage" to "impaired property" or omission that violates or is alleged to violate: property that has not been physically injured, arising out of: (1) The Telephone Consumer Protection Act (TC PA), including any amendment of or (1) A defect, defi ciency, inadequacy or addition to such law; or dangerous condition in "your product" or "your work"; or (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or (3) Any statute, ordinance or regulation, other agreement in accordance with its terms. than the TCPA or CAN -SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or information. CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 5 of 16 FILED: NEW YORK COUNTY CLERK 12/09/2022 02:53 PM INDEX NO. 656604/2022 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/09/2022 Exclusions c. through n. do not apply to damage c. Material Published Prior To Policy Period by fire to premises while rented to you or "Personal and advertisi ng i njury"arising out of temporarily occupied by you wi th permission of the oral or written publication of material whose owner. A separate limit of insurance applies to this first publication took place before the beginning coverage as described in Section III– Limits Of of the policy period. Ins uranc e. d. Criminal Acts COVERAGE B PER SON AL AND ADVERTISING INJURY L IABILIT Y "Personal and advertisi ng i njury" arising out of a criminal act committed by or at the direction 1. Insuring Agreement of the insured. a. We will pay those sums that the ins ured e. Contractual Liability becomes legally obl igated to pay as damages because of "personal and advertising injury" to "Personal and advertisi ng injury" for which the which this insurance applies. We will have the insured has assumed liabilityin a contract or right and duty to defend the insured against agreement. This exclusion does not appl y to any "suit"seeking those damages. However, liabilityfor damages that the insured would we will have no duty to defend the insured have in the absence of the contract or agains t any "suit" seeking damages for agreement. "personal and advertising injury" to which this f. Breach Of Contract insurance does not apply. We may, at our "Personal and advertisi ng i njury"arising out of discretion, investigate any offense and settle a breach of contract, except an implied any claim or "suit" that may result. But: contract to use another's adver tising idea in (1) The amount we will pay for damages is your "adverti sement". limited as described