Preview
FILED: NEW YORK COUNTY CLERK 06/29/2022 12:40 PM INDEX NO. 161241/2020
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/29/2022
EXHIBIT “A”
FILED: NEW YORK COUNTY CLERK 06/29/2022 12:40 PM INDEX NO. 161241/2020
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/29/2022
Prepare. Protect. Prevail.
THE
HARTFORD
Business
Insurance
EmployeeBenefits
Auto
HCITS
April 16, 2021
Re: Insured: MILK STUDIOS LLC
Policy Number: 13 UUN BI5740
Term: 11/03/2017 - 11/03/2018
Policy
Writing Company: HARTFORD FIRE INSURANCE COMPANY
This will verify that, to the best of the undersigneds knowledge, the attached is a
complete and accurate representation of insurance policy referenced above. Documents
and/or information produced herewith are kept and maintained in the ordinary course of
business.
Kyona Lawrence
Operations Support Specialist
Clinton Business Center
Hartford Office Location
301 Woods Park Dr.
Clinton, NY 13323
Toll Free: 888-525-2652
Fax: 866-809-1178
PCN: 30014202104182000460 DCN: 30014202104182000460001 Received Date/Time: 4/18/2021 7:53:44 AM Page 3 of 239
FILED: NEW YORK COUNTY CLERK 06/29/2022 12:40 PM INDEX NO. 161241/2020
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/29/2022
Important Information
For New York Property
Owners and Tenants
As a result of New York Labor Law Section 240, you may be liable for injuries to
contractors you hire to do work at or on your property.
Learn more about this law and what you can do to reduce your risk.
As a New York property owner or a tenant who hires contractors to repair, alter, paint, erect, demolish,
clean or point a building or structure under New York Law Section 240, you may be liable for injuries
sustained by the contractor's workers who fallfrom heights or who are struck by falling objects.
This law places responsibility for worksite safety on owners and tenants who hire contractors. Liability
under New York Labor Law Section 240 may be imposed regardless of whether the property owner
exercised supervision or control over the injured worker.
Examples of Claims and Lawsuits
Contractors often work at heights and use ladders, scaffolding or other devices in order to get a job done.
Itwould not be uncommon for a contractor's employee (injured in a fall
from a height on your property) to
bring a legal action against you or your company. Examples of situations that resulted in a claim and/or
lawsuit under Section 240 of the New York Labor Law include:
o A maintenance worker fellfrom a ladder and was injured while taking down ceiling tilesfor a
store owner to correct a drafty condition created by improperly installed ceiling insulation.
o Trade Association hired a contractor to assist in installinga stage. an
Plaintiff, employee of
the contractor, fellfour feet and was injured.
o A worker was injured when he fellfrom an elevated height while removing and replacing
piping for a machine oilsupply and return system for our manufacturing risk.
o A worker was injured in a fall
from a steel beam. There was no scaffold beneath the beam.
In each of these cases, the property owner or business owner was alleged to be liable based on the fact
that they had hired a contractor to do work.
Impact on Insurance Coverage
Claims and lawsuits under Section 240 of the New York Labor Law may have an adverse effect on your
company's finances and insurance program.
o The most significant risk isa judgment against your company in excess of your policy's limitof
liability.
Some claims based on this law have been $1 millionor more.
o Your future insurance premiums may increase as a resultof lawsuits against your company.
o Because favorable claim history is a key component of your insurability, insurance
liability
may become difficult
to obtain.
Form 106373 Page 1 of 2
© 2016, The Hartford
PCN: 30014202104182000460 DCN: 30014202104182000460001 Received Date/Time: 4/18/2021 7:53:44 AM Page 4 of 239
FILED: NEW YORK COUNTY CLERK 06/29/2022 12:40 PM INDEX NO. 161241/2020
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/29/2022
Reducing Your Risk
There are a few simple risk management techniques that should be considered in consultation with your
attorney or insurance agent to help reduce the chances of your business being involved in litigation:
1. Prior to the start of any work, have a written contract in place that includes an
appropriate indemnification clause. Ensure that all contracts and indemnification
clauses are reviewed by a qualified attorney priorto signing.
"primary" "non-contributory"
2. Be named as a and Additional Insured on the
contractor's General Liability Policy. This method of transferring risk could be
significantin the event of a loss.
3. Only hire reputable contractors to perform work of any kind on your property, whether
owned or leased. Pre-qualify contractors by reviewing previous work, securing
recommendations from previous customers, reviewing the contractor's financial
condition, inquiring about past losses, and ensuring the contractor has adequate and
Workers'
appropriate insurance coverage, including Compensation coverage.
4. Require all contractors you hireto strictlyfollow allOSHA and NY State Industrial
Regulations. Ensure that the contractor is aware of the applicable regulations and
laws that apply to thisexposure.
Taking these simple steps willhelp minimize the possibility of the New York Labor Law having an adverse
effect on your company's finances and insurance program, as a result of hiring a contractor. For more
business'
information about how The Hartford can help meet your risk management and insurance needs,
please contact your agent.
New York Labor Law Section 240 (1) provides, in part, as follows:
"Allcontractors and owners and their agents, except owners of one and two-family dwellings who
contract for but do not direct or control the work, in the erection, demolition, repairing, altering,
painting, cleaning or pointing of a building or structure shallfurnish or erect, or cause to be furnished
or erected for the performance of such labor, scaffolding, hoists, stays, ladders, slings, hangers,
blocks, pulleys, braces, irons, ropes and other devices which shall be so constructed, placed and
employed."
operated as to give proper protection to a person so
The informationprovidedabove is ofa generalnatureand may legal
not be considered advice.The content of this
document may
omit certaindetails
and cannot be regarded as advicethat would be applicabletoallbusinesses. As such, thisinformationis
provided forinformationalpurposes only Readers seeking resolution
of specificsafety,legalor businessissues or concerns
regardingthistopicshould consulttheirsafetyconsultant,
attorneyand/or business advisorsThe information
presented isnot a
for
substitute a thorough loss control
survey of yourbusinessor operationsor an analysis
of the or appropriateness
legality of your
business practices.We do not warrantthat the implementationof any view or recommendation contained herein will
be an
appropriatelegalor business
practice. we
Further, do not warrantthatthe implementation
of any viewor recommendation will avoid
any or all liability.
THE
HAR T FOR D
Form 106373 Page 2 of 2
PCN: 30014202104182000460 DCN: 30014202104182000460001 Received Date/Time: 4/18/2021 7:53:44 AM Page 5 of 239
FILED: NEW YORK COUNTY CLERK 06/29/2022 12:40 PM INDEX NO. 161241/2020
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/29/2022
IMPORTANT NOTICE TO POLICYHOLDERS
THE HARTFORD CYBER CENTER WEBSITE ACCESS
Thank you for choosing The Hartford for your business insurance needs.
You are receiving thisNotice because you purchased a general or
liability property policy from The Hartford, which
includes access to The Hartford Cyber Center. This portal was created because we recognize that businesses
face a variety of cyber-related exposures and need help managing the related risks. These exposures include
data breaches, computer virus attacks and cyber extortion threats.
Through the Hartford Cyber Center, you have access to:
o A panel of thirdparty incident response service providers
o Third party cybersecurity pre-incident service providers and a listof approved services to help protect your
business before a cyber-threat occurs
o Risk management tools, including self-assessments, best practice guides, templates, sample incident
response plans, and data breach cost calculators
o White papers, blogs and webinars from leading privacy and security practitioners
o Up-to-date cyber-related news and events, including examples of privacy and security related events
Accessing The Hartford Cyber Center iseasy
1. Visitwww.thehartford.com/cybercenter
2. Enter policyholder information
3. Access code: 952689
4. Login to The Hartford Cyber Center
Please be aware that:
o The Hartford Cyber Center is a proprietary web portal exclusively provided to customers of The Hartford.
Please do not share the access code with anyone outside your organization.
o Registration is required to access the Cyber Center. You may register as many users as necessary.
o Contacting a service provider about any issue does not constitute providing The Hartford notice of a claim
as required under your insurance policy. Read your insurance policy and discuss any questions with your
agent or broker.
o The Hartford Cyber Center provides third party service provider references and materials for educational
purposes only. The Hartford does not specifically endorse any such service provider within The Hartford
Cyber Center and hereby disclaims all with
liability respect to use of or reliance on such service providers.
AII service providers are independent contractors and not agents of The Hartford. The Hartford does not
warrant the performance of the service providers, even ifsuch services are covered under your policy.
providers'
We strongly encourage you to conduct your own assessments of the service services and the
fitness or adequacy of such services for your particular needs. This Notice does not amend or otherwise
affectthe provisions of your policy.
The Hartford offers a variety of endorsements to your policy that can help protect your business from a broad
range of cyber-related threats. Please review your coverage with your insurance agent or broker to determine the
most appropriate cyber coverages and limitsfor your business.
Ifyou have a claim, you can report it bycalling The Hartforos toll-freeclaims line at 1-800-327-3636.
Should you have any questions, please contact your insurance agent, broker or you may contact us directly.
We appreciate your business and look forward to being of continued service to you.
Form G-4033-1 (07/16 ED.) Page 1 of 1
© 2016, The Hartford
PCN: 30014202104182000460 DCN: 30014202104182000460001 Received Date/Time: 4/18/2021 7:53:44 AM Page 6 of 239
FILED: NEW YORK COUNTY CLERK 06/29/2022 12:40 PM INDEX NO. 161241/2020
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/29/2022
Insurance Policy Billing Information
Thank you for selecting The Hartford for your business insurance needs.
Shortly, you will receive your first bill from us. You are receiving this Notice so you know
what to expect as a valued customer of The Hartford. Should you have any questions after
reviewing this information, please contact us at 866-467-8730, and we will be happy to
assist you.
o Your total policy premium will appear on your policy's Declarations Page. You willbe billedbased on the payment
plan you selected.
due"
o You may pay the "minimum as it appears on your insurance billor pay the policy balance in full.
due"
o An installment service fee is added to each installment. A latefee willalso be applied ifthe "minimum is not
received by the due date shown on your bill.
Service and late payment fees do not apply in allstates.
o Ifyou selected installment billing,any credit or additional premium due as the result of a change made to your
policy, willbe spread over the remaining billinginstallments. Additional premium due as a result of an audit willbe
billedin fullon your next bill
date following the completion of the audit.
o Ifyou elected Electronic Funds Transfer (EFT), policy changes may result inchanges to the amount automatically
withdrawn from your bank account. The invoice you receive following a policy change will include future withdrawal
amounts, Ifyou need to adjust or stop your next scheduled EFT withdrawal, please contact us at least 3 days
prior to the scheduled withdrawal date at the telephone number shown below.
o Ifyou selected installment billingand pay the premiums for your firstpolicy term on time, at renewal, your account
Installment"
may qualifyfor our "Equal feature. This means that the percentage due for each installment, including
the initialrenewal installment, willbe the same throughout the term - you better manage cash flow.
policy helping
Equal installments willcontinue as long as you pay your premiums on time and no cancellation notices are issued
for any policy on your account. Ifyou no longer qualify for Equal Installments, future renewals willbe billedbased
on the payment plan you selected, which includes a higher initial
installment amount.
o Ifyour policy is eligiblefor renewal, your billforthe upcoming policy term will be sent to you approximately 30 days
prior to your policy's renewal date. Ifyour insurance needs change, please contact us at least 60 days priorto your
renewal date so we can properly address any adjustments needed.
o One billconvenience -- you have the option of all eligibleHartford policies on one single bill
combining allowing
you tomake one payment for allpolicies on your account as payments are due.
You're In Control
In addition to selecting a bill
plan option that best meets your budget, you have the to
flexibility decide how your
payments are made ...
o Repetitive EFT: Sign up for Repetitive EFT payments and have payments automatically withdrawn from your bank
account. This option saves you money by reducing the amount of the installment service fee.
o Pay Online: Register at www.thehartford.com/servicecenter. Online BillPay isQuick, Easy and Secure!
o Pay by Check: Send a check with your remittance stub in the envelope provided with your bill.
o Pay by Phone: Call toll-free1-866-467-8730.
Should you have any questions about your bill,please call Customer Service toll-free number:
1-866-467-8730 - 7AM - 7PM CST. We look forward to of service to you.
being
Form 100722 11th Rev. Printed in U.S.A.
PCN: 30014202104182000460 DCN: 30014202104182000460001 Received Date/Time: 4/18/2021 7:53:44 AM Page 7 of 239
FILED: NEW YORK COUNTY CLERK 06/29/2022 12:40 PM INDEX NO. 161241/2020
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/29/2022
Special Multi-Flex
Business Insurance Policy
THE
HARTFORD
Form HM 00 01 03 14 Page 1 of 1
PCN: 30014202104182000460 DCN: 30014202104182000460001 Received Date/Time: 4/18/2021 7:53:44 AM Page 8 of 239
FILED: NEW YORK COUNTY CLERK 06/29/2022 12:40 PM INDEX NO. 161241/2020
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/29/2022
This SPECIAL MULTI-FLEX POLICY is provided by the stock insurance company(s) of The Hartford Insurance
Group, shown below.
COMMON POLICY DECLARATIONS
POLICY NUMBER: 13 UUN BI5740 DB Tun
RENEWAL OF: 13 UUN BI5740 HARTFORD
Named Insured and Address: MILK STUDIOS LLC
Mailing
(No., Street, Town, State, SEE IH1204
Zip Code)
450 W 15TH ST
NEW YORK , NY 10011
(NEW YORK COUNTY)
Period: From 11/03/17 To 11/03/18
Policy
12:01 A.M. , Standard time at your address shown above.
mailing
In return for thepayment of the premium, and subject to allof the terms of thispolicy, we agree with you to provide
insurance as stated in thispolicy. The Coverage Parts that are a part of thispolicy are listedbelow. The Advance
Premium shown may be subject to adjustment.
Total Advance Premium:
Coverage Part and insurance Company Summary Advance Premium
PROPERTY CHOICE
HARTFORD FIRE INSURANCE COMPANY
ONE HARTFORD PLAZA
HARTFORD, CONNECTICUT 06155 $
COMMERCIAL INLAND MARINE
HARTFORD FIRE INSURANCE COMPANY
ONE HARTFORD PLAZA
HARTFORD, CONNECTICUT 06155 $
LISTING OF ADDITIONAL COVERAGE PARTS CONTINUED ON THE FOLLOWING PAGE,
Form Numbers of Coverage Parts, Forms and Endorsements that are a part of this policy and that are not
listed in the Coverage Parts.
HM0001 IL00171198 IH00010795 IH01150795 IHO9850115 IH12040312 1H99400409
LISTING OF ADDITIONAL FORM NUMBERS CONTINUED ON A SUBSEQUENT PAGE.
Agent/BrokerName: WORLD INSURANCE ASSOCIATES LLC
Countersigned by 11/17/17
(Where required by law) Authorized Representative Date
Form HM 00 10 01 07 PAGE 1 (CONTINUED ON NEXT PAGE)
PCN: 30014202104182000460 DCN: 30014202104182000460001 Received Date/Time: 4/18/2021 7:53:44 AM Page 9 of 239
FILED: NEW YORK COUNTY CLERK 06/29/2022 12:40 PM INDEX NO. 161241/2020
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/29/2022
COMMON POLICY DECLARATIONS (Continued)
POLICY NUMBER: 13 UUN BI5740
ADDITIONAL COVERAGE PARTS (CONTINUED)
COVERAGE PART AND INSURANCE COMPANY SUMMARY ADVANCE PREMIUM
COMMERCIAL GENERAL LIABILITY
EMPLOYEE BENEFITS LIABILITY
HARTFORD FIRE INSURANCE COMPANY
ONE HARTFORD PLAZA
HARTFORD, CONNECTICUT 06155
NEW YORK FIRE FEE
FORM NUMBERS OF COVERAGE PARTS, FORMS AND ENDORSEMENTS THAT ARE A PART OF
THIS POLICY AND THAT ARE NOT LISTED IN THE COVERAGE PART. (CONTINUED)
IH99410409 IL00230702 IL01830808 ILO2680114 PC00010109 HM00200295
HC00100798 HC00200295
IH12001185 EXCLUDED OPERATIONS
Form HM 00 10 01 07 PAGE 2
PCN: 30014202104182000460 DCN: 30014202104182000460001 Received Date/Time: 4/18/2021 7:53:44 AM Page 10 of 239
FILED: NEW YORK COUNTY CLERK 06/29/2022 12:40 PM INDEX NO. 161241/2020
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/29/2022
COMMON POLICY CONDITIONS
AIICoverage Parts included in thispolicy are subject to the following conditions.
A. Cancellation C. Examination Of Your Books And Records
1. The first Named Insured shown in the We may examine and audit your books and
Declarations may cancel thispolicy by mailing records as they relate to thispolicy atany time
or delivering to us advance written notice of during the policy period and up to three years
cancellation. afterward.
2. We may cancel this policy by mailing or D. Inspections And Surveys
delivering to the first Named Insured written
1. We have the rightto:
notice of cancellation at least:
a. Make inspections and surveys at any time;
a. 10 days before the effective date of
b. Give you reports on the conditions we find;
cancellation ifwe cancel for nonpayment of
and
premium; or
c. Recommend changes.
b. 30 days before the effective date of
cancellation if we cancel for any other 2. We are not obligated to make any inspections,
reason. surveys, reports or recommendations and any
such actions we do undertake relate only to
3, We will mail or deliver our notice to the first
insurability and the premiums to be charged.
Named Insured's last mailing address known
to us.
We do not make safety inspections. We do
not undertake to perform the duty of any
4. Notice of cancellation willstate the effective
person or organization to provide for the health
date of cancellation. The policy period willend
or safety of workers or the public. And we do
on that date
not warrant that conditions:
5. Ifthis policy is cancelled, we willsend the first
a. Are safe or healthful; or
Named Insured any premium refund due. If
b. Comply with laws, regulations, codes or
we cancel, the refund willbe pro rata. Ifthe
standards.
first Named Insured cancels, the refund may
be less than pro rata. The cancellation willbe 3, Paragraphs 1. and 2, of this condition apply
effective even ifwe have not made or offered not only to us, but also to any rating, advisory,
a refund. rate service or similar organization which
6. If proof of will makes insurance inspections, surveys, reports
notice is mailed, mailing be
or recommendations.
sufficient proof of notice.
4, Paragraph 2. of this condition does not apply
B. Changes
to any inspections, surveys, reports or
This policy contains all the agreements between
recommendations we may make relative to
you and us concerning the insurance afforded.
certification,under state or municipal statutes,
The first Named Insured shown in the
ordinances or regulations, of boilers, pressure
Declarations isauthorized to make changes in the
vessels or elevators.
terms of thispolicy with our consent. This policy's
terms can be amended or waived only by
endorsement issued by us and made a part of
this policy.
IL 00 17 11 98 Copyright, Insurance Services Office, Inc.,1998 Page 1 of 2
PCN: 30014202104182000460 DCN: 30014202104182000460001 Received Date/Time: 4/18/2021 7:53:44 AM Page 11 of 239
FILED: NEW YORK COUNTY CLERK 06/29/2022 12:40 PM INDEX NO. 161241/2020
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/29/2022
E. Premiums If you die, your rights and duties will be
transferred to your legal representative but only
The first Named Insured shown in the
while acting within the scope of duties as your
Declarations:
legal representative. Until your legal
1. Is responsible for the payment of allpremiums; representative is appointed, anyone having
and proper of your will
temporary custody property
2, Will be the payee for any return premiums we have your rightsand duties but only with respect
pay. to thatproperty.
F. Transfer Of Your Rights And Duties Under
This Policy
Your rights and duties under this policy may not
be transferred without our written consent except
in the case of death of an individual named
insured.
Our President and Secretary have signed this policy. Where required by law, the Declarations page has also
been countersigned by our duly authorized representative.
Lisa Levin, Secretary Douglas Elliot, President
Page2of2 IL00171198
PCN: 30014202104182000460 DCN: 30014202104182000460001 Received Date/Time: 4/18/2021 7:53:44 AM Page 12 of 239
FILED: NEW YORK COUNTY CLERK 06/29/2022 12:40 PM INDEX NO. 161241/2020
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/29/2022
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NUCLEAR ENERGY LIABILITY EXCLUSION
ENDORSEMENT - NEW YORK
(BROAD FORM)
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS POLICY
COMMERCIAL GENERAL LIABILITY COVERAGE PART
FARM COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION
1. The insurance does not apply: B. Under any Medical Payments coverage, to
injury"
injury" expenses incurred with respect to "bodily
A. Under any Coverage
Liability to "bodily or properties"
damage:" resulting from the "hazardous of
"property
"insured" Iuclear ma a and a ng od of me
(1) With respect to which an under the facility"
operation of a "nuclear by any person or
policy is also an insured under a nuclear
organizabon.
energy liabilitypolicy issued by Nuclear injury"
C. Under any LiabilityCoverage, to "bodily or
Energy Liability Insurance Association, damage"
"property resulting from the "hazardous
Mutual Atomic Energy LiabilityUnderwriters, properties" material,"
of "nuclear if:
Nuclear Insurance Association of Canada or
material"
(1) The "nuclear (a) is atany "nuclear
any of their successors, or would be an
facility"
owned by, or operated by or on
insured under any such policy but for its
"insured"
behalf of, an or (b) has been
termination upon exhaustion of its limitof
discharged or dispersed therefrom;
or
liability;
properties" material"
from the "hazardous of (2) The "nuclear iscontained in "spent
(2) Resulting
material" fuel" "waste"
"nuclear and with respect to which or at any time possessed,
(a) any person or organization is required to handled, used, processed, stored,
maintain financialprotection pursuant, to the transported or disposed of by or on behalf of
"insured,"
Atomic Act of 1954, or law an or
Energy any
"insured" injury" damage"
amendatory thereof, or (b) the is, The or
(3) "bodily "property
or had this not been issued would be, "insured"
policy arises out of thefurnishing by an of
entitled to indemnity from the United States parts or equipment in
services, materials,
of America, or any agen
Preview
FILED: NEW YORK COUNTY CLERK 06/29/2022 12:40 PM INDEX NO. 161241/2020 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/29/2022 EXHIBIT “A” FILED: NEW YORK COUNTY CLERK 06/29/2022 12:40 PM INDEX NO. 161241/2020 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/29/2022 Prepare. Protect. Prevail. THE HARTFORD Business Insurance EmployeeBenefits Auto HCITS April 16, 2021 Re: Insured: MILK STUDIOS LLC Policy Number: 13 UUN BI5740 Term: 11/03/2017 - 11/03/2018 Policy Writing Company: HARTFORD FIRE INSURANCE COMPANY This will verify that, to the best of the undersigneds knowledge, the attached is a complete and accurate representation of insurance policy referenced above. Documents and/or information produced herewith are kept and maintained in the ordinary course of business. Kyona Lawrence Operations Support Specialist Clinton Business Center Hartford Office Location 301 Woods Park Dr. Clinton, NY 13323 Toll Free: 888-525-2652 Fax: 866-809-1178 PCN: 30014202104182000460 DCN: 30014202104182000460001 Received Date/Time: 4/18/2021 7:53:44 AM Page 3 of 239 FILED: NEW YORK COUNTY CLERK 06/29/2022 12:40 PM INDEX NO. 161241/2020 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/29/2022 Important Information For New York Property Owners and Tenants As a result of New York Labor Law Section 240, you may be liable for injuries to contractors you hire to do work at or on your property. Learn more about this law and what you can do to reduce your risk. As a New York property owner or a tenant who hires contractors to repair, alter, paint, erect, demolish, clean or point a building or structure under New York Law Section 240, you may be liable for injuries sustained by the contractor's workers who fallfrom heights or who are struck by falling objects. This law places responsibility for worksite safety on owners and tenants who hire contractors. Liability under New York Labor Law Section 240 may be imposed regardless of whether the property owner exercised supervision or control over the injured worker. Examples of Claims and Lawsuits Contractors often work at heights and use ladders, scaffolding or other devices in order to get a job done. Itwould not be uncommon for a contractor's employee (injured in a fall from a height on your property) to bring a legal action against you or your company. Examples of situations that resulted in a claim and/or lawsuit under Section 240 of the New York Labor Law include: o A maintenance worker fellfrom a ladder and was injured while taking down ceiling tilesfor a store owner to correct a drafty condition created by improperly installed ceiling insulation. o Trade Association hired a contractor to assist in installinga stage. an Plaintiff, employee of the contractor, fellfour feet and was injured. o A worker was injured when he fellfrom an elevated height while removing and replacing piping for a machine oilsupply and return system for our manufacturing risk. o A worker was injured in a fall from a steel beam. There was no scaffold beneath the beam. In each of these cases, the property owner or business owner was alleged to be liable based on the fact that they had hired a contractor to do work. Impact on Insurance Coverage Claims and lawsuits under Section 240 of the New York Labor Law may have an adverse effect on your company's finances and insurance program. o The most significant risk isa judgment against your company in excess of your policy's limitof liability. Some claims based on this law have been $1 millionor more. o Your future insurance premiums may increase as a resultof lawsuits against your company. o Because favorable claim history is a key component of your insurability, insurance liability may become difficult to obtain. Form 106373 Page 1 of 2 © 2016, The Hartford PCN: 30014202104182000460 DCN: 30014202104182000460001 Received Date/Time: 4/18/2021 7:53:44 AM Page 4 of 239 FILED: NEW YORK COUNTY CLERK 06/29/2022 12:40 PM INDEX NO. 161241/2020 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/29/2022 Reducing Your Risk There are a few simple risk management techniques that should be considered in consultation with your attorney or insurance agent to help reduce the chances of your business being involved in litigation: 1. Prior to the start of any work, have a written contract in place that includes an appropriate indemnification clause. Ensure that all contracts and indemnification clauses are reviewed by a qualified attorney priorto signing. "primary" "non-contributory" 2. Be named as a and Additional Insured on the contractor's General Liability Policy. This method of transferring risk could be significantin the event of a loss. 3. Only hire reputable contractors to perform work of any kind on your property, whether owned or leased. Pre-qualify contractors by reviewing previous work, securing recommendations from previous customers, reviewing the contractor's financial condition, inquiring about past losses, and ensuring the contractor has adequate and Workers' appropriate insurance coverage, including Compensation coverage. 4. Require all contractors you hireto strictlyfollow allOSHA and NY State Industrial Regulations. Ensure that the contractor is aware of the applicable regulations and laws that apply to thisexposure. Taking these simple steps willhelp minimize the possibility of the New York Labor Law having an adverse effect on your company's finances and insurance program, as a result of hiring a contractor. For more business' information about how The Hartford can help meet your risk management and insurance needs, please contact your agent. New York Labor Law Section 240 (1) provides, in part, as follows: "Allcontractors and owners and their agents, except owners of one and two-family dwellings who contract for but do not direct or control the work, in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure shallfurnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes and other devices which shall be so constructed, placed and employed." operated as to give proper protection to a person so The informationprovidedabove is ofa generalnatureand may legal not be considered advice.The content of this document may omit certaindetails and cannot be regarded as advicethat would be applicabletoallbusinesses. As such, thisinformationis provided forinformationalpurposes only Readers seeking resolution of specificsafety,legalor businessissues or concerns regardingthistopicshould consulttheirsafetyconsultant, attorneyand/or business advisorsThe information presented isnot a for substitute a thorough loss control survey of yourbusinessor operationsor an analysis of the or appropriateness legality of your business practices.We do not warrantthat the implementationof any view or recommendation contained herein will be an appropriatelegalor business practice. we Further, do not warrantthatthe implementation of any viewor recommendation will avoid any or all liability. THE HAR T FOR D Form 106373 Page 2 of 2 PCN: 30014202104182000460 DCN: 30014202104182000460001 Received Date/Time: 4/18/2021 7:53:44 AM Page 5 of 239 FILED: NEW YORK COUNTY CLERK 06/29/2022 12:40 PM INDEX NO. 161241/2020 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/29/2022 IMPORTANT NOTICE TO POLICYHOLDERS THE HARTFORD CYBER CENTER WEBSITE ACCESS Thank you for choosing The Hartford for your business insurance needs. You are receiving thisNotice because you purchased a general or liability property policy from The Hartford, which includes access to The Hartford Cyber Center. This portal was created because we recognize that businesses face a variety of cyber-related exposures and need help managing the related risks. These exposures include data breaches, computer virus attacks and cyber extortion threats. Through the Hartford Cyber Center, you have access to: o A panel of thirdparty incident response service providers o Third party cybersecurity pre-incident service providers and a listof approved services to help protect your business before a cyber-threat occurs o Risk management tools, including self-assessments, best practice guides, templates, sample incident response plans, and data breach cost calculators o White papers, blogs and webinars from leading privacy and security practitioners o Up-to-date cyber-related news and events, including examples of privacy and security related events Accessing The Hartford Cyber Center iseasy 1. Visitwww.thehartford.com/cybercenter 2. Enter policyholder information 3. Access code: 952689 4. Login to The Hartford Cyber Center Please be aware that: o The Hartford Cyber Center is a proprietary web portal exclusively provided to customers of The Hartford. Please do not share the access code with anyone outside your organization. o Registration is required to access the Cyber Center. You may register as many users as necessary. o Contacting a service provider about any issue does not constitute providing The Hartford notice of a claim as required under your insurance policy. Read your insurance policy and discuss any questions with your agent or broker. o The Hartford Cyber Center provides third party service provider references and materials for educational purposes only. The Hartford does not specifically endorse any such service provider within The Hartford Cyber Center and hereby disclaims all with liability respect to use of or reliance on such service providers. AII service providers are independent contractors and not agents of The Hartford. The Hartford does not warrant the performance of the service providers, even ifsuch services are covered under your policy. providers' We strongly encourage you to conduct your own assessments of the service services and the fitness or adequacy of such services for your particular needs. This Notice does not amend or otherwise affectthe provisions of your policy. The Hartford offers a variety of endorsements to your policy that can help protect your business from a broad range of cyber-related threats. Please review your coverage with your insurance agent or broker to determine the most appropriate cyber coverages and limitsfor your business. Ifyou have a claim, you can report it bycalling The Hartforos toll-freeclaims line at 1-800-327-3636. Should you have any questions, please contact your insurance agent, broker or you may contact us directly. We appreciate your business and look forward to being of continued service to you. Form G-4033-1 (07/16 ED.) Page 1 of 1 © 2016, The Hartford PCN: 30014202104182000460 DCN: 30014202104182000460001 Received Date/Time: 4/18/2021 7:53:44 AM Page 6 of 239 FILED: NEW YORK COUNTY CLERK 06/29/2022 12:40 PM INDEX NO. 161241/2020 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/29/2022 Insurance Policy Billing Information Thank you for selecting The Hartford for your business insurance needs. Shortly, you will receive your first bill from us. You are receiving this Notice so you know what to expect as a valued customer of The Hartford. Should you have any questions after reviewing this information, please contact us at 866-467-8730, and we will be happy to assist you. o Your total policy premium will appear on your policy's Declarations Page. You willbe billedbased on the payment plan you selected. due" o You may pay the "minimum as it appears on your insurance billor pay the policy balance in full. due" o An installment service fee is added to each installment. A latefee willalso be applied ifthe "minimum is not received by the due date shown on your bill. Service and late payment fees do not apply in allstates. o Ifyou selected installment billing,any credit or additional premium due as the result of a change made to your policy, willbe spread over the remaining billinginstallments. Additional premium due as a result of an audit willbe billedin fullon your next bill date following the completion of the audit. o Ifyou elected Electronic Funds Transfer (EFT), policy changes may result inchanges to the amount automatically withdrawn from your bank account. The invoice you receive following a policy change will include future withdrawal amounts, Ifyou need to adjust or stop your next scheduled EFT withdrawal, please contact us at least 3 days prior to the scheduled withdrawal date at the telephone number shown below. o Ifyou selected installment billingand pay the premiums for your firstpolicy term on time, at renewal, your account Installment" may qualifyfor our "Equal feature. This means that the percentage due for each installment, including the initialrenewal installment, willbe the same throughout the term - you better manage cash flow. policy helping Equal installments willcontinue as long as you pay your premiums on time and no cancellation notices are issued for any policy on your account. Ifyou no longer qualify for Equal Installments, future renewals willbe billedbased on the payment plan you selected, which includes a higher initial installment amount. o Ifyour policy is eligiblefor renewal, your billforthe upcoming policy term will be sent to you approximately 30 days prior to your policy's renewal date. Ifyour insurance needs change, please contact us at least 60 days priorto your renewal date so we can properly address any adjustments needed. o One billconvenience -- you have the option of all eligibleHartford policies on one single bill combining allowing you tomake one payment for allpolicies on your account as payments are due. You're In Control In addition to selecting a bill plan option that best meets your budget, you have the to flexibility decide how your payments are made ... o Repetitive EFT: Sign up for Repetitive EFT payments and have payments automatically withdrawn from your bank account. This option saves you money by reducing the amount of the installment service fee. o Pay Online: Register at www.thehartford.com/servicecenter. Online BillPay isQuick, Easy and Secure! o Pay by Check: Send a check with your remittance stub in the envelope provided with your bill. o Pay by Phone: Call toll-free1-866-467-8730. Should you have any questions about your bill,please call Customer Service toll-free number: 1-866-467-8730 - 7AM - 7PM CST. We look forward to of service to you. being Form 100722 11th Rev. Printed in U.S.A. PCN: 30014202104182000460 DCN: 30014202104182000460001 Received Date/Time: 4/18/2021 7:53:44 AM Page 7 of 239 FILED: NEW YORK COUNTY CLERK 06/29/2022 12:40 PM INDEX NO. 161241/2020 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/29/2022 Special Multi-Flex Business Insurance Policy THE HARTFORD Form HM 00 01 03 14 Page 1 of 1 PCN: 30014202104182000460 DCN: 30014202104182000460001 Received Date/Time: 4/18/2021 7:53:44 AM Page 8 of 239 FILED: NEW YORK COUNTY CLERK 06/29/2022 12:40 PM INDEX NO. 161241/2020 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/29/2022 This SPECIAL MULTI-FLEX POLICY is provided by the stock insurance company(s) of The Hartford Insurance Group, shown below. COMMON POLICY DECLARATIONS POLICY NUMBER: 13 UUN BI5740 DB Tun RENEWAL OF: 13 UUN BI5740 HARTFORD Named Insured and Address: MILK STUDIOS LLC Mailing (No., Street, Town, State, SEE IH1204 Zip Code) 450 W 15TH ST NEW YORK , NY 10011 (NEW YORK COUNTY) Period: From 11/03/17 To 11/03/18 Policy 12:01 A.M. , Standard time at your address shown above. mailing In return for thepayment of the premium, and subject to allof the terms of thispolicy, we agree with you to provide insurance as stated in thispolicy. The Coverage Parts that are a part of thispolicy are listedbelow. The Advance Premium shown may be subject to adjustment. Total Advance Premium: Coverage Part and insurance Company Summary Advance Premium PROPERTY CHOICE HARTFORD FIRE INSURANCE COMPANY ONE HARTFORD PLAZA HARTFORD, CONNECTICUT 06155 $ COMMERCIAL INLAND MARINE HARTFORD FIRE INSURANCE COMPANY ONE HARTFORD PLAZA HARTFORD, CONNECTICUT 06155 $ LISTING OF ADDITIONAL COVERAGE PARTS CONTINUED ON THE FOLLOWING PAGE, Form Numbers of Coverage Parts, Forms and Endorsements that are a part of this policy and that are not listed in the Coverage Parts. HM0001 IL00171198 IH00010795 IH01150795 IHO9850115 IH12040312 1H99400409 LISTING OF ADDITIONAL FORM NUMBERS CONTINUED ON A SUBSEQUENT PAGE. Agent/BrokerName: WORLD INSURANCE ASSOCIATES LLC Countersigned by 11/17/17 (Where required by law) Authorized Representative Date Form HM 00 10 01 07 PAGE 1 (CONTINUED ON NEXT PAGE) PCN: 30014202104182000460 DCN: 30014202104182000460001 Received Date/Time: 4/18/2021 7:53:44 AM Page 9 of 239 FILED: NEW YORK COUNTY CLERK 06/29/2022 12:40 PM INDEX NO. 161241/2020 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/29/2022 COMMON POLICY DECLARATIONS (Continued) POLICY NUMBER: 13 UUN BI5740 ADDITIONAL COVERAGE PARTS (CONTINUED) COVERAGE PART AND INSURANCE COMPANY SUMMARY ADVANCE PREMIUM COMMERCIAL GENERAL LIABILITY EMPLOYEE BENEFITS LIABILITY HARTFORD FIRE INSURANCE COMPANY ONE HARTFORD PLAZA HARTFORD, CONNECTICUT 06155 NEW YORK FIRE FEE FORM NUMBERS OF COVERAGE PARTS, FORMS AND ENDORSEMENTS THAT ARE A PART OF THIS POLICY AND THAT ARE NOT LISTED IN THE COVERAGE PART. (CONTINUED) IH99410409 IL00230702 IL01830808 ILO2680114 PC00010109 HM00200295 HC00100798 HC00200295 IH12001185 EXCLUDED OPERATIONS Form HM 00 10 01 07 PAGE 2 PCN: 30014202104182000460 DCN: 30014202104182000460001 Received Date/Time: 4/18/2021 7:53:44 AM Page 10 of 239 FILED: NEW YORK COUNTY CLERK 06/29/2022 12:40 PM INDEX NO. 161241/2020 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/29/2022 COMMON POLICY CONDITIONS AIICoverage Parts included in thispolicy are subject to the following conditions. A. Cancellation C. Examination Of Your Books And Records 1. The first Named Insured shown in the We may examine and audit your books and Declarations may cancel thispolicy by mailing records as they relate to thispolicy atany time or delivering to us advance written notice of during the policy period and up to three years cancellation. afterward. 2. We may cancel this policy by mailing or D. Inspections And Surveys delivering to the first Named Insured written 1. We have the rightto: notice of cancellation at least: a. Make inspections and surveys at any time; a. 10 days before the effective date of b. Give you reports on the conditions we find; cancellation ifwe cancel for nonpayment of and premium; or c. Recommend changes. b. 30 days before the effective date of cancellation if we cancel for any other 2. We are not obligated to make any inspections, reason. surveys, reports or recommendations and any such actions we do undertake relate only to 3, We will mail or deliver our notice to the first insurability and the premiums to be charged. Named Insured's last mailing address known to us. We do not make safety inspections. We do not undertake to perform the duty of any 4. Notice of cancellation willstate the effective person or organization to provide for the health date of cancellation. The policy period willend or safety of workers or the public. And we do on that date not warrant that conditions: 5. Ifthis policy is cancelled, we willsend the first a. Are safe or healthful; or Named Insured any premium refund due. If b. Comply with laws, regulations, codes or we cancel, the refund willbe pro rata. Ifthe standards. first Named Insured cancels, the refund may be less than pro rata. The cancellation willbe 3, Paragraphs 1. and 2, of this condition apply effective even ifwe have not made or offered not only to us, but also to any rating, advisory, a refund. rate service or similar organization which 6. If proof of will makes insurance inspections, surveys, reports notice is mailed, mailing be or recommendations. sufficient proof of notice. 4, Paragraph 2. of this condition does not apply B. Changes to any inspections, surveys, reports or This policy contains all the agreements between recommendations we may make relative to you and us concerning the insurance afforded. certification,under state or municipal statutes, The first Named Insured shown in the ordinances or regulations, of boilers, pressure Declarations isauthorized to make changes in the vessels or elevators. terms of thispolicy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. IL 00 17 11 98 Copyright, Insurance Services Office, Inc.,1998 Page 1 of 2 PCN: 30014202104182000460 DCN: 30014202104182000460001 Received Date/Time: 4/18/2021 7:53:44 AM Page 11 of 239 FILED: NEW YORK COUNTY CLERK 06/29/2022 12:40 PM INDEX NO. 161241/2020 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/29/2022 E. Premiums If you die, your rights and duties will be transferred to your legal representative but only The first Named Insured shown in the while acting within the scope of duties as your Declarations: legal representative. Until your legal 1. Is responsible for the payment of allpremiums; representative is appointed, anyone having and proper of your will temporary custody property 2, Will be the payee for any return premiums we have your rightsand duties but only with respect pay. to thatproperty. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. Our President and Secretary have signed this policy. Where required by law, the Declarations page has also been countersigned by our duly authorized representative. Lisa Levin, Secretary Douglas Elliot, President Page2of2 IL00171198 PCN: 30014202104182000460 DCN: 30014202104182000460001 Received Date/Time: 4/18/2021 7:53:44 AM Page 12 of 239 FILED: NEW YORK COUNTY CLERK 06/29/2022 12:40 PM INDEX NO. 161241/2020 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/29/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT - NEW YORK (BROAD FORM) This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION 1. The insurance does not apply: B. Under any Medical Payments coverage, to injury" injury" expenses incurred with respect to "bodily A. Under any Coverage Liability to "bodily or properties" damage:" resulting from the "hazardous of "property "insured" Iuclear ma a and a ng od of me (1) With respect to which an under the facility" operation of a "nuclear by any person or policy is also an insured under a nuclear organizabon. energy liabilitypolicy issued by Nuclear injury" C. Under any LiabilityCoverage, to "bodily or Energy Liability Insurance Association, damage" "property resulting from the "hazardous Mutual Atomic Energy LiabilityUnderwriters, properties" material," of "nuclear if: Nuclear Insurance Association of Canada or material" (1) The "nuclear (a) is atany "nuclear any of their successors, or would be an facility" owned by, or operated by or on insured under any such policy but for its "insured" behalf of, an or (b) has been termination upon exhaustion of its limitof discharged or dispersed therefrom; or liability; properties" material" from the "hazardous of (2) The "nuclear iscontained in "spent (2) Resulting material" fuel" "waste" "nuclear and with respect to which or at any time possessed, (a) any person or organization is required to handled, used, processed, stored, maintain financialprotection pursuant, to the transported or disposed of by or on behalf of "insured," Atomic Act of 1954, or law an or Energy any "insured" injury" damage" amendatory thereof, or (b) the is, The or (3) "bodily "property or had this not been issued would be, "insured" policy arises out of thefurnishing by an of entitled to indemnity from the United States parts or equipment in services, materials, of America, or any agen