Preview
FILED: ONONDAGA COUNTY CLERK 04/24/2023 04:52 PM INDEX NO. 004103/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/24/2023
EXHIBIT D
FILED: ONONDAGA COUNTY CLERK 04/24/2023 04:52 PM INDEX NO. 004103/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/24/2023
THIS SPECIAL MULTI-FLEX POLICY IS PROVIDED BY THE STOCK INSURANCE COMPANY(S) OF
THE HARTFORD INSURANCE GROUP, SHOWN BELOW.
POLICY NO.: O01 UUN ZL0285 Kl
OMMON POLTCY DECLARATIONS
AMED INSURED AND ATRIUM ASSOCIATES, LLC
SEE IH1204
AILING ADDRES 8: 2 S CLINTON SQ STE 120
SYRACUSE, NY 13202
(ONONDAGA COUNTY)
O} Ts Se iG OX CRB RR: BO
Additional Coverage — Claim Expense Ownership of Property; Interests
Limit of Insurance Covered
Deductible Policy Bridge — Discovery Replacing
Loss Sustained
Exclusions
. Records
poPR 8
Crime Common Conditions
Recoveries
1. Conditions applicable to all Insuring
Agreements Territory
a. Additional Premises or Employees Transfer of Your Rights of Recovery
Against Others to Us
b. Concealment, Misrepresentation or
Fraud q. Valuation - Settlement
Consolidation — Merger or Acquisition Conditions Applicable to Insuring
Agreement A.1. Employee Theft.
ao
Cooperation
Conditions Applicable to Insuring
Duties in the Event of Loss
Agreement A.2. Forgery or Alteration.
mo
Employee Benefit Plan(s)
Condition Applicable To Insuring
Extended Period to Discover Loss Agreement A.4. Outside the Premises —
ze
Joint Insured Theft of Money and Securities.
Legal Action Against Us Conditions Applicable To Insuring
Agreement A.5. Computer Fraud.
G. Definitions
Form PC 00 97 01 09 Page 1 of 1
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FILED: ONONDAGA COUNTY CLERK 04/24/2023 04:52 PM INDEX NO. 004103/2023
y
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/24/2023
PROPERTY CHOICE
PROPERTY CHOICE COMMON CRIME COVERAGES FORM
(BUSINESS CRIME)
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and
what is or is not covered.
Throughout this policy the words “you” and "your" refer to the Named Insured shown in the Declarations. The
words "we", "us" and "our" refer to the Company providing this insurance.
Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. Definitions.
A. Insuring Agreements b. If you are sued for refusing to pay any
Coverage is provided under the following Insuring instrument covered in Paragraph 2. a.
Agreements for which a corresponding Limit of above, on the basis that it has been
Insurance is shown in the Property Choice forged or altered, and you have our
Schedule of Premises and Coverages, or written consent to defend against the suit,
Endorsements and applies to loss that you sustain we will pay for any reasonable legal
resulting directly from an "occurrence" taking expenses you incur and pay in that
place at any time which is “discovered” by you defense. The amount that we will pay is in
during the Policy Period shown in the Property addition to the limit of Insurance
Choice Declarations or during the period of time applicable to this Insuring Agreement.
provided in the Extended Period To Discover Loss Inside the Premises - Theft of Money and
- CRIME COMMON CONDITION F.1.g.: Securities
1. Employee Theft a. We will pay for loss of "money" and
We will pay for loss of or damage to "money", "securities" inside the "premises" or
"securities" and “other property" resulting “banking premise” resulting from "theft",
directly from "theft" committed by an disappearance or destruction.
"employee", wheiher identified or not, acting b. We will pay for loss from damage to the
alone or in collusion with other persons. “premises” or its exterior resulting directly
For the purposes of this Insuring Agreement, from an actual or attempted "theft" of
"theft" shall also include forgery. “money” and "securities", if you are the
owner of the "premises" or are liable for
2. Forgery or Alteration
damage to it.
a. We will pay for loss resulting from c. We will pay for loss of or damage to a
“forgery” or alteration of checks, drafts, locked safe, vault, cash register, cash box
promissory notes, or similar written
or cash drawer located inside the
promises, orders or directions to pay a
"premises" resulting directly from an
sum certain in "money" that are:
actual or attempted "theft" of or unlawful
(1) Made or drawn by or drawn upon you; entry into those containers.
or Outside the Premises — Theft of Money and
(2) Made or drawn by one acting as your Securities
agent;
We will pay for loss of “money” and
or that are purported to have been so “securities” outside the "premises" in the care
made or drawn. and custody of a "messenger" or an armored
For the purposes of this Insuring motor vehicle company resulting directly from
Agreement, a substitute check as defined "theft", disappearance or destruction.
in the Check Clearing for the 21st.
Century Act shall be treated the same as
the original it replaced.
Form PC 00 50 01 09 Page 1 of 11
©2009, The Hartford
(includes copyrighted material of Insurance Services Office, inc., with its permission.)
PCN: 30014202005122006329 DCN: 30014202005122006329001 Received Date/Time: 5/12/2020 2:08:54 PM Page 126 of 251
FILED: ONONDAGA COUNTY CLERK 04/24/2023 04:52 PM INDEX NO. 004103/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/24/2023
5. Computer Fraud E. Exclusions
We will pay for loss of or damage to “money”, 1. This insurance does not apply to:
"securities", and "other property" resulting a. Acts Committed By You, Your Partners
directly from the use of any computer to Or Your Members
fraudulently cause a transfer of that property
Loss resulting from “theft" or any other
from inside the "premises" or “banking
premises":
dishonest act committed by:
(1) You; or
a. To a person (other than a "messenger")
outside those "premises"; or (2) Any of your partners or "members";
b. To aplace outside those "premises". whether acting alone or in collusion with
6. Money Orders and Counterfeit Paper other persons.
Currency Acts Of Employees Learned Of By You
Prior To The Policy Period
We will pay for loss resulting directly from
your having accepted in good faith, in Loss caused by an “employee” if the
exchange for merchandise, "money" or “employee” had also committed “theft" or
services: any other dishonest act prior to the
effective date of this insurance and you or
a. Money orders issued by any post office,
any of your partners, "members',
express company or bank that are not
"managers", officers, directors or trustees,
paid upon presentation; or
not in collusion with the “employee”,
b. "Counterfeit" paper currency that is learned of that "theft" or dishonest act
acquired during the regular course of prior to the Policy Period shown in the
business. Declarations.
B. Additional Coverage - Claim Expense Acts Of Employees, Managers,
1. In the event of covered loss or damage we will Directors, Trustees Or Representatives
pay for reasonable expenses incurred by you Loss resulting from "theft" or any other
at our specific request to assist us in: dishonest act committed by any of your
a. The investigation of a claim or suit; or "employees", "managers", directors,
b. The determination of the amount of loss, trustees or authorized representatives:
such as taking inventory or auditing (1) Whether acting alone or in collusion
business records. with other persons; or
2. The most we will pay in any one occurrence is (2) While performing services for you or
$10,000. This is an additional amount of otherwise;
insurance. except when covered under Insuring
C. Limit of Insurance Agreement A.1. Employee Theft.
The most we will pay for loss in any one Confidential Information
"occurrence" is the applicable Limit of Insurance Loss resulting from:
shown in the Declarations, Schedules or
(1) The unauthorized disclosure of your
Endorsements.
confidential information including, but
If any loss is covered under more than one not limited to, patents, trade secrets,
Insuring Agreement or Coverage, the most we will processing methods or customer lists;
pay for such loss shall not exceed the largest Limit or
of Insurance available under any one of those
Insuring Agreements or Coverages.
(2) The unauthorized use or disclosure of
confidential information of another
Deductible person or entity which is held by you
We will not pay for loss in any one "occurrence" including, but not limited to, financial
unless the amount of loss exceeds the applicable information, personal information,
Deductible Amount shown in the Declarations, credit card information or similar non-
Schedules or Endorsements. We will then pay for public information.
the amount of loss in excess of the Deductible Governmental Action
amount, up to the Limit of Insurance. In the event
Loss resulting from seizure or destruction
that more than one Deductible Amount could
of property by order of governmental
apply to the same loss, only the highest
authority.
Deductible Amount will be applied.
Page 2 of 11 Form PC 00 50 01 09
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FILED: ONONDAGA COUNTY CLERK 04/24/2023 04:52 PM INDEX NO. 004103/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/24/2023
Indirect Loss a. Inventory Shortages
Loss that is an indirect result of any act or Loss, or that part of any loss, the proof of
occurrence covered by this insurance which as to its existence or amount is
including, but not limited to, loss resulting dependent upon:
from: (1) An inventory computation; or
(1) Your inability to realize income that (2) A profit or loss computation.
you would have realized had there ;
been no loss of, or loss from damage However, were you to establish wholly
to, Property. apart from such computations that you
have sustained a loss, then you may offer
(2) Payment of damages of any type for your inventory records and actual physical
which you are legally liable. But, we count of inventory in support of the
will pay compensatory damages amount claimed.
arising directly from a loss covered .
under this insurance. b. Trading
(3) Payment of costs, fees or other Loss resulting directly or indirectly from
expenses you incur in establishing trading, whether In your name or in a
either the existence or the amount of genuine or fictitious account.
loss under this insurance. c. Warehouse Receipts
Legal Fees, Costs And Expenses Loss resulting from fraudulent or
dishonest signing, issuing, canceling or
Fees, costs and expenses incurred by you
failing to cancel, a warehouse receipt or
which are related to any legal action
any papers connecied with it.
except when covered under insuring
Agreement A. 2. Forgery or Alteration. Insuring Agreements A.3. Inside the
Nuclear Hazard
Premises - Theft of Money and Securities -
and A.4. Outside the Premises — Theft of
Loss resulting from nuclear reaction, Money and Securities, do not apply to:
nuclear radiation or radioactive
contamination, or any related act or a. Accounting Or Arithmetic Errors Or
. Omissions
incident.
Pollutants and Contaminants Loss resulting from accounting or
; accounting or arithmetical errors or
We wn not pay for loss or damage omissions.
caused by, resulting from, arising out of,
or in any way related to the discharge, b. Exchanges or Purchases
dispersal, seepage, migration, release or Loss resulting from the giving or
escape of Pollutants and Contaminants. surrendering of property in any exchange
Pollutants and Contaminants as used in or purchase.
this exclusion means any solid, liquid, c. Fire
gaseous or thermal irritant or contaminant, Loss or damage _ resulting from fire,
including smoke, vapor, soot, fumes, acids, however caused, except:
alkalis, chemical and waste, or any other (1) Loss of or damage to “money” and
material which causes or threatens to "securities": and
cause physical loss, damage, impurity to ,
property, unwholesomeness, undesirability, (2) Loss from damage to a safe or vault.
loss of marketability, loss of use of property d. Money Operated Devices
or which threatens human health or Loss of property contained in any money
welfare. Waste includes materials to be operated device unless the amount of
recycled, reconditioned or reclaimed. "money" deposited in it is recorded by a
War and Similar Actions continuous recording instrument in the
Loss resulting from war, whether or not device.
declared, warlike action, insurrection, e. Motor Vehicles Or Equipment And
rebellion or revolution, or any related act Accessories
or incident.
Loss of or damage to motor vehicles,
2. Insuring agreement A.1. Employee Theft trailers or semi-trailers or equipment and
does not apply to: accessories attached to them.
Form PC 00 50 01 09 Page 3 of 11
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FILED: ONONDAGA COUNTY CLERK 04/24/2023 04:52 PM INDEX NO. 004103/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/24/2023
f. Transfer or Surrender Of Property h. Voluntary Parting of Title to or
(1) Loss of or damage to property that Possession of Property
has been transferred or surrendered Loss resulting from your, or anyone acting
to a person or place outside the on your express or implied authority,
"premises" or "banking premises”: being induced by any dishonest act
(a) On the basis of unauthorized voluntarily part with title to or possession
instructions; of any property.
(b) As a result of a threat to do bodily 4. Insuring Agreement A.5. Computer Fraud
harm to any person; or does not apply to:
a. Credit Card Transactions
(c) As a result of a threat to do
damage to any property. Loss resulting from the use or purported
(d} As a result of a threat to introduce use of credit, debit, charge, access,
a denial of service attack into your convenience, identification, stored-value
computer system; or other cards or the information
contained on such cards.
(e) As a result of a threat to introduce
a virus or other malicious Funds Transfer Fraud
instruction into your computer Loss resulting from a _ “fraudulent
system which is designed to instruction” directing a financial institution
damage, destroy or corrupt data to transfer pay or deliver “funds” from your
or computer programs — stored “transfer account".
within your computer system; Inventory Shortages
(f) As a result of a threat to Loss, or that part of any loss, the proof of
contaminate, pollute or render which as to its existence or amount is
substandard your products or dependent upon:
goods; or
(1} An inventory computation; or
(g) As a result of a _ threat to
(2) A profit or loss computation.
disseminate, divulge or utilize:
F. CRIME COMMON CONDITIONS
{i) Your confidential information;
or The following Conditions apply in addition to the
Common Policy Conditions:
(ii) Weaknesses in the source
1. Conditions applicable to all Insuring
code within your computer
Agreements
system.
a. Additional Premises Or Employees
(2) But, this Exclusion does not apply
under insuring Agreement A.4. lf, while this insurance is in force, you
Outside the Premises -— Theft of establish any additional "premises" or hire
Money and Securities to loss of additional "employees", other than
"money", or "securities" while outside through consolidation or merger with, or
the "premises" in the care and purchase or acquisition of assets or
custody of a "messenger" if you: liabilities of, another entity, such
(a) Had no knowledge of any threat "premises" and "employees" — shall
at the time the conveyance automatically be covered under this
began;or insurance. Notice to us of an increase in
the number of "premises" or "employees"
(b) Had knowledge of a threat at the need not be given and no additional
time the conveyance began, but premium need be paid for the remainder
the loss was not related to the of the Policy Period shown in the Property
threat. Choice Declarations.
Vandalism Concealment, Misrepresentation Or
Loss from damage to the "premises" or its Fraud
exterior, or to any safe, vault, cash This insurance is void in any case of fraud
register, cash box, cash drawer or "other by you as it relates to this insurance at any
property” by vandalism or malicious time. It is also void if you or any other
mischief. Insured, at any time, intentionally conceal
or misrepresent a material fact concerning:
Page 4 of 11 Form PC 00 50 01 09
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NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/24/2023
(1) This insurance; (3) Produce for our examination ail
(2) The property covered under this pertinent records.
insurance; (4) Give us a detailed, sworn proof of loss
(3) Your interest in the property covered within 120 days.
under this insurance; or (5) Cooperate with us in the investigation
(4) Aclaim under this insurance. and settlement of any claim.
Consolidation — Merger or Acquisition Employee Benefit Plan(s)
If through consolidation or merger with, or (1} The "employee benefit plan(s)" shown
purchase or acquisition of assets or in the Declarations, Schedules or
liabilities of, some other entity, any endorsements are included as
additional persons who become Insureds under Insuring agreement
“Employees” or you acquire the use and A.1. Employee Theft.
control of any additional premises: (2) If any “employee benefit plan(s)" is
(1) You must give us written notice and insured jointly with any other entity
obtain our written consent to extend under this insurance, you or the Plan
this insurance to such _ additional Administrator must select a Limit of
"employees" or "premises". We may Insurance for Insuring Agreement A.1.
condition our consent upon payment Employee Theft that is sufficient to
of an additional premium; but provide a limit of Insurance for each
Plan that is at least equal to that
(2) For the first 90 days after the effective required if each Plan were separately
date of such consolidation, merger or
insured.
purchase or acquisition of assets or
liabilities, the coverage provided by (3} With respect to losses sustained or
this insurance shall apply to such "discovered" by any such Plan,
consolidated or merged entity or such Insuring Agreement A.1. Employee
purchased or acquired assets or Theft is replaced by the following:
liabilities, provided that all We will pay for loss of or damage to
“occurrences” causing or contributing "funds” and “other property" resulting
to a loss involving such consolidation, directly from fraudulent or dishonest
merger or purchase or acquisition of acts committed by an “employee”,
assets or liabilities, must take place whether identified or not, acting alone
after the effective date of such or in collusion with other persons.
consolidation, merger or purchase or (4) If the first Named Insured is an entity
acquisition of assets or liabilities. other than a Plan, any payment we
Cooperation make to that Insured for loss
You must cooperate with us in all matters sustained by any Plan will be held by
pertaining to this insurance as stated in its that Insured for the use and benefit of
terms and conditions. the Plan(s) sustaining the loss.
Duties in the Event of Loss (5) If two or more Plans are insured
under this insurance, any payment we
After you discover a loss or a situation
make for loss:
that may result in loss of or damage to
"money", "securities" or "other property" (a) Sustained by two or more Plans;
you must: or
(1) Notify us as soon as possible. If you (b) of commingled "funds" or “other
have reason to believe that any loss property" of two or more Plans;
(except for loss covered under that arises out of one "occurrence", is
Insuring Agreements A.1. Employee to be shared by each Plan sustaining
Theft or A.2. Forgery or Alteration) loss in the proportion that the Limit of
involves a violation of a law you must Insurance required for each Plan
also notify the local law enforcement bears to the total Limits of Insurance
authorities. of all plans sustaining loss.
(2) Submit to examination under oath at (6) The Deductible Amount applicable to
our request and give us a signed Insuring agreement A.1. Employee
statement of your answers.
Form PC 00 50 01 09 Page 5 of 11
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NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/24/2023
Theft does not apply to loss sustained coverage afforded under this
by any “employee benefit plan(s)". insurance, whether or not such
g. Extended Period To Discover Loss other insurance provides
coverage for loss sustained prior
We will pay for loss that you sustained
to its effective date.
prior to the effective date of cancellation
of this insurance, which is "discovered" by (b) No later than 1 year from the date
you: of that cancellation with regard to
any "employee benefit plans”.
(1) No later than 60 days from the date of
that cancellation or expiration. (5} We will not pay more for loss
However, this extended period to sustained by more than one Insured
"discover" loss terminates immediately than the amount we would pay if all
upon the effective date of any other the loss had been sustained by one
insurance obtained by you, whether Insured.
from us or another insurer, replacing in Legal Action Against Us
whole or in part the coverage afforded You may not bring any legal action
under this insurance, whether or not against us involving loss:
such other insurance provides
coverage for loss sustained prior to its
(1) Unless you have complied with all the
terms of this insurance;
effective date.
(2) Until 90 days after you have filed
(2) No later than 1 year from the date of
proof of loss with us; and
that cancellation with regard to any
"employee benefit plans". (3) Unless brought within 2 years from
the date you "discovered" the loss.
h, Joint Insured
(1) If more than one Insured is named in
If any limitation in this Condition is
prohibited by law, such limitation is
the Declarations, the first Named
amended so as to equal the minimum
Preview
FILED: ONONDAGA COUNTY CLERK 04/24/2023 04:52 PM INDEX NO. 004103/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/24/2023 EXHIBIT D FILED: ONONDAGA COUNTY CLERK 04/24/2023 04:52 PM INDEX NO. 004103/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/24/2023 THIS SPECIAL MULTI-FLEX POLICY IS PROVIDED BY THE STOCK INSURANCE COMPANY(S) OF THE HARTFORD INSURANCE GROUP, SHOWN BELOW. POLICY NO.: O01 UUN ZL0285 Kl OMMON POLTCY DECLARATIONS AMED INSURED AND ATRIUM ASSOCIATES, LLC SEE IH1204 AILING ADDRES 8: 2 S CLINTON SQ STE 120 SYRACUSE, NY 13202 (ONONDAGA COUNTY) O} Ts Se iG OX CRB RR: BO Additional Coverage — Claim Expense Ownership of Property; Interests Limit of Insurance Covered Deductible Policy Bridge — Discovery Replacing Loss Sustained Exclusions . Records poPR 8 Crime Common Conditions Recoveries 1. Conditions applicable to all Insuring Agreements Territory a. Additional Premises or Employees Transfer of Your Rights of Recovery Against Others to Us b. Concealment, Misrepresentation or Fraud q. Valuation - Settlement Consolidation — Merger or Acquisition Conditions Applicable to Insuring Agreement A.1. Employee Theft. ao Cooperation Conditions Applicable to Insuring Duties in the Event of Loss Agreement A.2. Forgery or Alteration. mo Employee Benefit Plan(s) Condition Applicable To Insuring Extended Period to Discover Loss Agreement A.4. Outside the Premises — ze Joint Insured Theft of Money and Securities. Legal Action Against Us Conditions Applicable To Insuring Agreement A.5. Computer Fraud. G. Definitions Form PC 00 97 01 09 Page 1 of 1 PCN: 30014202005122006329 DCN: 30014202005122006329001 Received Date/Time: 5/12/2020 2:08:54 PM Page 125 of 251 FILED: ONONDAGA COUNTY CLERK 04/24/2023 04:52 PM INDEX NO. 004103/2023 y NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/24/2023 PROPERTY CHOICE PROPERTY CHOICE COMMON CRIME COVERAGES FORM (BUSINESS CRIME) Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is or is not covered. Throughout this policy the words “you” and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. Definitions. A. Insuring Agreements b. If you are sued for refusing to pay any Coverage is provided under the following Insuring instrument covered in Paragraph 2. a. Agreements for which a corresponding Limit of above, on the basis that it has been Insurance is shown in the Property Choice forged or altered, and you have our Schedule of Premises and Coverages, or written consent to defend against the suit, Endorsements and applies to loss that you sustain we will pay for any reasonable legal resulting directly from an "occurrence" taking expenses you incur and pay in that place at any time which is “discovered” by you defense. The amount that we will pay is in during the Policy Period shown in the Property addition to the limit of Insurance Choice Declarations or during the period of time applicable to this Insuring Agreement. provided in the Extended Period To Discover Loss Inside the Premises - Theft of Money and - CRIME COMMON CONDITION F.1.g.: Securities 1. Employee Theft a. We will pay for loss of "money" and We will pay for loss of or damage to "money", "securities" inside the "premises" or "securities" and “other property" resulting “banking premise” resulting from "theft", directly from "theft" committed by an disappearance or destruction. "employee", wheiher identified or not, acting b. We will pay for loss from damage to the alone or in collusion with other persons. “premises” or its exterior resulting directly For the purposes of this Insuring Agreement, from an actual or attempted "theft" of "theft" shall also include forgery. “money” and "securities", if you are the owner of the "premises" or are liable for 2. Forgery or Alteration damage to it. a. We will pay for loss resulting from c. We will pay for loss of or damage to a “forgery” or alteration of checks, drafts, locked safe, vault, cash register, cash box promissory notes, or similar written or cash drawer located inside the promises, orders or directions to pay a "premises" resulting directly from an sum certain in "money" that are: actual or attempted "theft" of or unlawful (1) Made or drawn by or drawn upon you; entry into those containers. or Outside the Premises — Theft of Money and (2) Made or drawn by one acting as your Securities agent; We will pay for loss of “money” and or that are purported to have been so “securities” outside the "premises" in the care made or drawn. and custody of a "messenger" or an armored For the purposes of this Insuring motor vehicle company resulting directly from Agreement, a substitute check as defined "theft", disappearance or destruction. in the Check Clearing for the 21st. Century Act shall be treated the same as the original it replaced. Form PC 00 50 01 09 Page 1 of 11 ©2009, The Hartford (includes copyrighted material of Insurance Services Office, inc., with its permission.) PCN: 30014202005122006329 DCN: 30014202005122006329001 Received Date/Time: 5/12/2020 2:08:54 PM Page 126 of 251 FILED: ONONDAGA COUNTY CLERK 04/24/2023 04:52 PM INDEX NO. 004103/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/24/2023 5. Computer Fraud E. Exclusions We will pay for loss of or damage to “money”, 1. This insurance does not apply to: "securities", and "other property" resulting a. Acts Committed By You, Your Partners directly from the use of any computer to Or Your Members fraudulently cause a transfer of that property Loss resulting from “theft" or any other from inside the "premises" or “banking premises": dishonest act committed by: (1) You; or a. To a person (other than a "messenger") outside those "premises"; or (2) Any of your partners or "members"; b. To aplace outside those "premises". whether acting alone or in collusion with 6. Money Orders and Counterfeit Paper other persons. Currency Acts Of Employees Learned Of By You Prior To The Policy Period We will pay for loss resulting directly from your having accepted in good faith, in Loss caused by an “employee” if the exchange for merchandise, "money" or “employee” had also committed “theft" or services: any other dishonest act prior to the effective date of this insurance and you or a. Money orders issued by any post office, any of your partners, "members', express company or bank that are not "managers", officers, directors or trustees, paid upon presentation; or not in collusion with the “employee”, b. "Counterfeit" paper currency that is learned of that "theft" or dishonest act acquired during the regular course of prior to the Policy Period shown in the business. Declarations. B. Additional Coverage - Claim Expense Acts Of Employees, Managers, 1. In the event of covered loss or damage we will Directors, Trustees Or Representatives pay for reasonable expenses incurred by you Loss resulting from "theft" or any other at our specific request to assist us in: dishonest act committed by any of your a. The investigation of a claim or suit; or "employees", "managers", directors, b. The determination of the amount of loss, trustees or authorized representatives: such as taking inventory or auditing (1) Whether acting alone or in collusion business records. with other persons; or 2. The most we will pay in any one occurrence is (2) While performing services for you or $10,000. This is an additional amount of otherwise; insurance. except when covered under Insuring C. Limit of Insurance Agreement A.1. Employee Theft. The most we will pay for loss in any one Confidential Information "occurrence" is the applicable Limit of Insurance Loss resulting from: shown in the Declarations, Schedules or (1) The unauthorized disclosure of your Endorsements. confidential information including, but If any loss is covered under more than one not limited to, patents, trade secrets, Insuring Agreement or Coverage, the most we will processing methods or customer lists; pay for such loss shall not exceed the largest Limit or of Insurance available under any one of those Insuring Agreements or Coverages. (2) The unauthorized use or disclosure of confidential information of another Deductible person or entity which is held by you We will not pay for loss in any one "occurrence" including, but not limited to, financial unless the amount of loss exceeds the applicable information, personal information, Deductible Amount shown in the Declarations, credit card information or similar non- Schedules or Endorsements. We will then pay for public information. the amount of loss in excess of the Deductible Governmental Action amount, up to the Limit of Insurance. In the event Loss resulting from seizure or destruction that more than one Deductible Amount could of property by order of governmental apply to the same loss, only the highest authority. Deductible Amount will be applied. Page 2 of 11 Form PC 00 50 01 09 PCN: 30014202005122006329 DCN: 30014202005122006329001 Received Date/Time: 5/12/2020 2:08:54 PM Page 127 of 251 FILED: ONONDAGA COUNTY CLERK 04/24/2023 04:52 PM INDEX NO. 004103/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/24/2023 Indirect Loss a. Inventory Shortages Loss that is an indirect result of any act or Loss, or that part of any loss, the proof of occurrence covered by this insurance which as to its existence or amount is including, but not limited to, loss resulting dependent upon: from: (1) An inventory computation; or (1) Your inability to realize income that (2) A profit or loss computation. you would have realized had there ; been no loss of, or loss from damage However, were you to establish wholly to, Property. apart from such computations that you have sustained a loss, then you may offer (2) Payment of damages of any type for your inventory records and actual physical which you are legally liable. But, we count of inventory in support of the will pay compensatory damages amount claimed. arising directly from a loss covered . under this insurance. b. Trading (3) Payment of costs, fees or other Loss resulting directly or indirectly from expenses you incur in establishing trading, whether In your name or in a either the existence or the amount of genuine or fictitious account. loss under this insurance. c. Warehouse Receipts Legal Fees, Costs And Expenses Loss resulting from fraudulent or dishonest signing, issuing, canceling or Fees, costs and expenses incurred by you failing to cancel, a warehouse receipt or which are related to any legal action any papers connecied with it. except when covered under insuring Agreement A. 2. Forgery or Alteration. Insuring Agreements A.3. Inside the Nuclear Hazard Premises - Theft of Money and Securities - and A.4. Outside the Premises — Theft of Loss resulting from nuclear reaction, Money and Securities, do not apply to: nuclear radiation or radioactive contamination, or any related act or a. Accounting Or Arithmetic Errors Or . Omissions incident. Pollutants and Contaminants Loss resulting from accounting or ; accounting or arithmetical errors or We wn not pay for loss or damage omissions. caused by, resulting from, arising out of, or in any way related to the discharge, b. Exchanges or Purchases dispersal, seepage, migration, release or Loss resulting from the giving or escape of Pollutants and Contaminants. surrendering of property in any exchange Pollutants and Contaminants as used in or purchase. this exclusion means any solid, liquid, c. Fire gaseous or thermal irritant or contaminant, Loss or damage _ resulting from fire, including smoke, vapor, soot, fumes, acids, however caused, except: alkalis, chemical and waste, or any other (1) Loss of or damage to “money” and material which causes or threatens to "securities": and cause physical loss, damage, impurity to , property, unwholesomeness, undesirability, (2) Loss from damage to a safe or vault. loss of marketability, loss of use of property d. Money Operated Devices or which threatens human health or Loss of property contained in any money welfare. Waste includes materials to be operated device unless the amount of recycled, reconditioned or reclaimed. "money" deposited in it is recorded by a War and Similar Actions continuous recording instrument in the Loss resulting from war, whether or not device. declared, warlike action, insurrection, e. Motor Vehicles Or Equipment And rebellion or revolution, or any related act Accessories or incident. Loss of or damage to motor vehicles, 2. Insuring agreement A.1. Employee Theft trailers or semi-trailers or equipment and does not apply to: accessories attached to them. Form PC 00 50 01 09 Page 3 of 11 PCN: 30014202005122006329 DCN: 30014202005122006329001 Received Date/Time: 5/12/2020 2:08:54 PM Page 128 of 251 FILED: ONONDAGA COUNTY CLERK 04/24/2023 04:52 PM INDEX NO. 004103/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/24/2023 f. Transfer or Surrender Of Property h. Voluntary Parting of Title to or (1) Loss of or damage to property that Possession of Property has been transferred or surrendered Loss resulting from your, or anyone acting to a person or place outside the on your express or implied authority, "premises" or "banking premises”: being induced by any dishonest act (a) On the basis of unauthorized voluntarily part with title to or possession instructions; of any property. (b) As a result of a threat to do bodily 4. Insuring Agreement A.5. Computer Fraud harm to any person; or does not apply to: a. Credit Card Transactions (c) As a result of a threat to do damage to any property. Loss resulting from the use or purported (d} As a result of a threat to introduce use of credit, debit, charge, access, a denial of service attack into your convenience, identification, stored-value computer system; or other cards or the information contained on such cards. (e) As a result of a threat to introduce a virus or other malicious Funds Transfer Fraud instruction into your computer Loss resulting from a _ “fraudulent system which is designed to instruction” directing a financial institution damage, destroy or corrupt data to transfer pay or deliver “funds” from your or computer programs — stored “transfer account". within your computer system; Inventory Shortages (f) As a result of a threat to Loss, or that part of any loss, the proof of contaminate, pollute or render which as to its existence or amount is substandard your products or dependent upon: goods; or (1} An inventory computation; or (g) As a result of a _ threat to (2) A profit or loss computation. disseminate, divulge or utilize: F. CRIME COMMON CONDITIONS {i) Your confidential information; or The following Conditions apply in addition to the Common Policy Conditions: (ii) Weaknesses in the source 1. Conditions applicable to all Insuring code within your computer Agreements system. a. Additional Premises Or Employees (2) But, this Exclusion does not apply under insuring Agreement A.4. lf, while this insurance is in force, you Outside the Premises -— Theft of establish any additional "premises" or hire Money and Securities to loss of additional "employees", other than "money", or "securities" while outside through consolidation or merger with, or the "premises" in the care and purchase or acquisition of assets or custody of a "messenger" if you: liabilities of, another entity, such (a) Had no knowledge of any threat "premises" and "employees" — shall at the time the conveyance automatically be covered under this began;or insurance. Notice to us of an increase in the number of "premises" or "employees" (b) Had knowledge of a threat at the need not be given and no additional time the conveyance began, but premium need be paid for the remainder the loss was not related to the of the Policy Period shown in the Property threat. Choice Declarations. Vandalism Concealment, Misrepresentation Or Loss from damage to the "premises" or its Fraud exterior, or to any safe, vault, cash This insurance is void in any case of fraud register, cash box, cash drawer or "other by you as it relates to this insurance at any property” by vandalism or malicious time. It is also void if you or any other mischief. Insured, at any time, intentionally conceal or misrepresent a material fact concerning: Page 4 of 11 Form PC 00 50 01 09 PCN: 30014202005122006329 DCN: 30014202005122006329001 Received Date/Time: 5/12/2020 2:08:54 PM Page 129 of 251 FILED: ONONDAGA COUNTY CLERK 04/24/2023 04:52 PM INDEX NO. 004103/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/24/2023 (1) This insurance; (3) Produce for our examination ail (2) The property covered under this pertinent records. insurance; (4) Give us a detailed, sworn proof of loss (3) Your interest in the property covered within 120 days. under this insurance; or (5) Cooperate with us in the investigation (4) Aclaim under this insurance. and settlement of any claim. Consolidation — Merger or Acquisition Employee Benefit Plan(s) If through consolidation or merger with, or (1} The "employee benefit plan(s)" shown purchase or acquisition of assets or in the Declarations, Schedules or liabilities of, some other entity, any endorsements are included as additional persons who become Insureds under Insuring agreement “Employees” or you acquire the use and A.1. Employee Theft. control of any additional premises: (2) If any “employee benefit plan(s)" is (1) You must give us written notice and insured jointly with any other entity obtain our written consent to extend under this insurance, you or the Plan this insurance to such _ additional Administrator must select a Limit of "employees" or "premises". We may Insurance for Insuring Agreement A.1. condition our consent upon payment Employee Theft that is sufficient to of an additional premium; but provide a limit of Insurance for each Plan that is at least equal to that (2) For the first 90 days after the effective required if each Plan were separately date of such consolidation, merger or insured. purchase or acquisition of assets or liabilities, the coverage provided by (3} With respect to losses sustained or this insurance shall apply to such "discovered" by any such Plan, consolidated or merged entity or such Insuring Agreement A.1. Employee purchased or acquired assets or Theft is replaced by the following: liabilities, provided that all We will pay for loss of or damage to “occurrences” causing or contributing "funds” and “other property" resulting to a loss involving such consolidation, directly from fraudulent or dishonest merger or purchase or acquisition of acts committed by an “employee”, assets or liabilities, must take place whether identified or not, acting alone after the effective date of such or in collusion with other persons. consolidation, merger or purchase or (4) If the first Named Insured is an entity acquisition of assets or liabilities. other than a Plan, any payment we Cooperation make to that Insured for loss You must cooperate with us in all matters sustained by any Plan will be held by pertaining to this insurance as stated in its that Insured for the use and benefit of terms and conditions. the Plan(s) sustaining the loss. Duties in the Event of Loss (5) If two or more Plans are insured under this insurance, any payment we After you discover a loss or a situation make for loss: that may result in loss of or damage to "money", "securities" or "other property" (a) Sustained by two or more Plans; you must: or (1) Notify us as soon as possible. If you (b) of commingled "funds" or “other have reason to believe that any loss property" of two or more Plans; (except for loss covered under that arises out of one "occurrence", is Insuring Agreements A.1. Employee to be shared by each Plan sustaining Theft or A.2. Forgery or Alteration) loss in the proportion that the Limit of involves a violation of a law you must Insurance required for each Plan also notify the local law enforcement bears to the total Limits of Insurance authorities. of all plans sustaining loss. (2) Submit to examination under oath at (6) The Deductible Amount applicable to our request and give us a signed Insuring agreement A.1. Employee statement of your answers. Form PC 00 50 01 09 Page 5 of 11 PCN: 30014202005122006329 DCN: 30014202005122006329001 Received Date/Time: 5/12/2020 2:08:54 PM Page 130 of 251 FILED: ONONDAGA COUNTY CLERK 04/24/2023 04:52 PM INDEX NO. 004103/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/24/2023 Theft does not apply to loss sustained coverage afforded under this by any “employee benefit plan(s)". insurance, whether or not such g. Extended Period To Discover Loss other insurance provides coverage for loss sustained prior We will pay for loss that you sustained to its effective date. prior to the effective date of cancellation of this insurance, which is "discovered" by (b) No later than 1 year from the date you: of that cancellation with regard to any "employee benefit plans”. (1) No later than 60 days from the date of that cancellation or expiration. (5} We will not pay more for loss However, this extended period to sustained by more than one Insured "discover" loss terminates immediately than the amount we would pay if all upon the effective date of any other the loss had been sustained by one insurance obtained by you, whether Insured. from us or another insurer, replacing in Legal Action Against Us whole or in part the coverage afforded You may not bring any legal action under this insurance, whether or not against us involving loss: such other insurance provides coverage for loss sustained prior to its (1) Unless you have complied with all the terms of this insurance; effective date. (2) Until 90 days after you have filed (2) No later than 1 year from the date of proof of loss with us; and that cancellation with regard to any "employee benefit plans". (3) Unless brought within 2 years from the date you "discovered" the loss. h, Joint Insured (1) If more than one Insured is named in If any limitation in this Condition is prohibited by law, such limitation is the Declarations, the first Named amended so as to equal the minimum