Lloyd s Certificate. This Insurance is effected with certain Underwriters at Lloyd's, London.

Transcription

1 Lloyd s Certificate This Insurance is effected with certain Underwriters at Lloyd's, London. This Certificate is issued in accordance with the limited authorization granted to the Correspondent by certain Underwriters at Lloyd's, London whose syndicate numbers and the proportions underwritten by them can be ascertained from the office of the said Correspondent (such Underwriters being hereinafter called "Underwriters") and in consideration of the premium specified herein, Underwriters hereby bind themselves severally and not jointly, each for his own part and not one for another, their Executors and Administrators. The Assured is requested to read this Certificate, and if it is not correct, return it immediately to the Correspondent for appropriate alteration. All inquiries regarding this Certificate should be addressed to the following Correspondent: Continental Trucking Association 721 N 4 th St. Watertown, WI Telephone: Fax: SLC-3 (USA) NMA 2868 (24/08/2000 Form approved by Lloyd s Underwriters Non-Marine Association Limited

2 CERTIFICATE PROVISIONS 1. Signature Required. This Certificate shall not be valid unless signed by the Correspondent on the attached Declaration Page. 2. Correspondent Not Insurer. The Correspondent is not an Insurer hereunder and neither is nor shall be liable for any loss or claim whatsoever. The Insurers hereunder are those Underwriters at Lloyd's, London whose syndicate numbers can be ascertained as hereinbefore set forth. As used in this Certificate "Underwriters" shall be deemed to include incorporated as well as unincorporated persons or entities that are Underwriters at Lloyd's, London. 3. Cancellation. If this Certificate provides for cancellation and this Certificate is cancelled after the inception date, earned premium must be paid for the time the insurance has been in force. 4. Service of Suit. It is agreed that in the event of the failure of Underwriters to pay any amount claimed to be due hereunder, Underwriters, at the request of the Assured, will submit to the jurisdiction of a Court of competent jurisdiction within the United States. Nothing in this Clause constitutes or should be understood to constitute a waiver of Underwriters' rights to commence an action in any Court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another Court as permitted by the laws of the United States or of any State in the United States. It is further agreed that service of process in such suit may be made upon the firm or person named in item 6 of the attached Declaration Page, and that in any suit instituted against any one of them upon this contract, Underwriters will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. The above-named are authorized and directed to accept service of process on behalf of Underwriters in any such suit and/or upon request of the Assured to give a written undertaking to the Assured that they will enter a general appearance upon Underwriters' behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, Underwriters hereby designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Assured or any beneficiary hereunder arising out of this contract of insurance, and hereby designate the above-mentioned as the person to whom the said officer is authorized to mail such process or a true copy thereof. 5. Assignment. This Certificate shall not be assigned either in whole or in part without the written consent of the Correspondent endorsed hereon. 6. Attached Conditions Incorporated. This Certificate is made and accepted subject to all the provisions, conditions and warranties set forth herein, attached or endorsed, all of which are to be considered as incorporated herein. 7. Short Rate Cancellation. If the attached provisions provide for cancellation, the table below will be used to calculate the short rate proportion of the premium when applicable under the terms of cancellation. Short Rate Cancellation Table For Term of One Year. Days Insurance in Force Per Cent of one year Premium Days Insurance in Force Per Cent of one year Premium Days Insurance in Force Per Cent of one year Premium Days Insurance in Force Per Cent of one year Premium % ( 1 mos ) ( 2 mos ) % ( 3 mos ) ( 4 mos ) ( 5 mos ) % ( 6 mos ) ( 7 mos ) ( 8 mos ) % ( 9 mos ) ( 10 mos ) ( 11 mos ) ( 12 mos ) Rules applicable to insurance with terms less than or more than one year: A. If insurance has been in force for one year or less, apply the short rate table for annual insurance to the full annual premium determined as for insurance written for a term of one year. B. If insurance has been in force for more than one year: 1. Determine full annual premium as for insurance written for a term of one year. 2. Deduct such premium from the full insurance premium, and on the remainder calculate the pro rata earned premium on the basis of the ratio of the length of time beyond one year the insurance has been in force to the length of time beyond one year for which the policy was originally written. 3. Add premium produced in accordance with items (1) and (2) to obtain earned premium during full period insurance has been in force.

3 ADDITIONAL CERTIFICATE PROVISIONS (in addition to the standard certificate provisions detailed in the SLC-3 USA NMA 2868 form) 1. Any Provisions or Conditions appearing in any forms attached hereto which conflict with or alter the provisions set out above shall supersede the above provisions insofar as the latter are inconsistent with any provisions or conditions appearing in such attached forms. 2. Duty of Disclosure: Since an insurance contract is based upon the duty of utmost good faith, it is important that those seeking insurance should provide full disclosure of all material facts to insurers and that this information should be kept updated. Courts will find a fact to be material where it would affect the judgement of a prudent Underwriter as to whether or not to accept the risk at the particular terms offered. The practical advice, which we give to clients or producers, is this: if you are in doubt we recommend that you advise the information to insurers. 3. Commission: 1. You are entitled to request and we are happy to disclose, at any time, information regarding any commission which we or any of the intermediaries may have received as a result of placing your insurance business. 2. This coverage may have been written with one or more of a number of facilities granted to us or any of our intermediaries, under which a profit commission may or may not become payable to them or any of the intermediaries. 4. Complaints Procedure: How to make a complaint Should you wish to make a complaint you may do so either in writing or verbally to; Our Commitment to Customers Continental Trucking Association 721 N 4 th St. Watertown, WI Telephone: Fax: We are committed to handling all customers complaints received promptly, fairly and in line with regulatory guidelines. We deem a complaint to be any expression of dissatisfaction, whether oral or written, and whether justified or not, from or on behalf of an eligible complainant about the firm s provision of, or failure to provide, insurance.

4 This Declaration Page is attached to and forms part of Certificate provisions (Form SLC-3 USA NMA 2868) Authority Ref. No. Z Certificate No. Z APD UMR: B Name and address of the Assured: Continental Trucking Association, Inc. 721 N 4 th St. Watertown, WI Effective from 1 st April 2017 to 1 st April 2018 both days at 12:01 a.m. local standard time. 3. Insurance is effective with certain UNDERWRITERS AT LLOYD'S, LONDON. Percentage: 100% Schedule of Lloyd s Security: Syndicate Number Pseudonym Signed Line Available Upon Request % Total % 4. Amount Coverage Rate Premium AS DETAILED IN ATTACHED SCHEDULE 5. Forms attached hereto and special conditions: Lloyds Automobile Physical Damage Form - NMA 1650 Radioactive Contamination Exclusion Clause - NMA 1191 War and Terrorism Exclusion Endorsement - NMA 2918 Seepage and/or Pollution and/or Contamination Exclusion - NMA 2342 Service of Suit Clause - NMA 1998 Wisconsin Surplus Lines Insurance Proposal - LMA 9088 Wisconsin Surplus Lines Notice - LMA 9089 Several Liability Notice - LSW 1001 Land, Water, and Air Exclusion - NMA 2341 Cancellation Clause - NMA 1331 Sanction Limitation and Exclusion Clause LMA3100 Plus Additional Clause(s) and Endorsement(s) as detailed in attached Schedule Wherever the word Policy appears, it shall be deemed to read Certificate. 6. Service of Suit may be made upon: Mendes and Mount, 750 Seventh Avenue, New York, New York , USA 7. In the event of a claim, please notify the following: Continental Trucking Association 721 N 4 th St. Watertown, WI Telephone: Fax:

5 LLOYD S AUTO PHYSICAL DAMAGE NMA 1650 THE SCHEDULE (Forming part of the Lloyd s Auto Physical Damage Form NMA 1650) Policy No: Unique Market Reference: Z APD B The Name and Address of the Assured: Continental Trucking Association, Inc. 721 N 4 th St. Watertown, WI Period of Insurance: From: 1 st April 2017 To: 1 st April 2018 Both days at a.m. Standard Time at the address of the Assured as stated above. Insurance is effective with: certain UNDERWRITERS AT LLOYD S, LONDON Percentage: % Service of suit nominee: Notification of Claims: Service of Suit Clause LMA 5020 naming Mendes and Mount, 750 Seventh Avenue, New York, New York , USA Continental Trucking Association 721 N 4 th St. Watertown, WI Telephone: Fax: The person or persons other than the Assured to whom loss shall be payable, as interests may appear: - As held on file with: Continental Trucking Association 721 N 4 th St. Watertown, WI Telephone: Fax: Page 1 of 12

6 PART A. The automobile(s) and amounts of the deductibles. Item No. Trade Name LLOYD S AUTO PHYSICAL DAMAGE NMA 1650 Model Year As held on file with Continental Trucking Association Type Serial No. Limit of Liability per Automobile Type of Cargo Carried: As per commodities listed on the Continental Trucking Association Members Auto Physical Damage Proposal Form. Radius of Use: Purpose of use (Private Automobile only): As per radius of use listed on the Continental Trucking Association Members Auto Physical Damage Proposal Form. Not Applicable Amount to be deducted from each and every loss applicable to each automobile separately: USD 1,000 PART B. Limit in respect of any combination of automobile, USD 200,000 truck, tractor, trailer or semi-trailer: Limit any one event, catastrophe or terminal loss: USD 1,000,000 Interest: To cover the Assured s fleet of vehicles totalling: USD AS PER MONTHLY REPORT Perils Section A Fire Section B Theft Section C Collision Section D Windstorm Section E - Combined Additional Coverage Section F - Comprehensive (Except Collision) Premium: Not Included Not Included Included Not Included Not Included Included USD Monthly Reporting ======== Additional Clause(s) and Endorsement(s) applicable to this Policy and attached: Actual Cash Value Clause - LSW 545 Driver Criteria Garaging or Secured Yard Warranty New Member Double Deductible Obligation to Repair Clause Salvage Clause - LSW 544 Automobile Physical Damage Striking Exclusion Endorsement Page 2 of 12

7 Total or Constructive Total Loss - LSW 546 Towing and Storage Amendatory Endorsement Vandalism and Malicious Mischief Extension LLOYD S AUTO PHYSICAL DAMAGE NMA 1650 In witness whereof this certificate has been signed this day of 2017 by (Authorised Signatory) This contract of insurance is based upon the information and representations you provided in your application. Depending on the type of information and representations that you provided, the proposed contract of insurance includes certain conditions and/or warranties. Kindly review all the contract of insurance documentation, including any binder, declarations page, policy forms, and endorsements, to familiarize yourself with any conditions and/or warranties included in the contract of insurance. These conditions and/or warranties may require you to take specific actions, to refrain from taking specific actions, to fulfill cer tain requirements, and/or to verify specific facts. Please be advised that strict compliance with the conditions and/or warrantie s contained in the contract of insurance is required. If you do not strictly comply with the conditions and/or warranties cont ained within the contract of insurance, then the insurer, Certain Underwriters at Lloyd s, may deny or limit coverage for any clai m submitted by you under the contract of insurance. UMR Security: B % underwritten by certain Underwriters at Lloyd s, London Page 3 of 12

8 LLOYD S AUTO PHYSICAL DAMAGE NMA 1650 U.S.A. LLOYD S AUTOMOBILE PHYSICAL DAMAGE INSURANCE INSURING AGREEMENTS 1. In consideration of the premium paid hereon and the particulars and statements contained in the written Proposal, a copy of which is attached hereto, which particulars and statements are warranted by the Assured to be true and are agreed to be incorporated herein, the Underwriters hereby agree to indemnify the Assured against direct and accidental loss of or damage to the Automobiles specified in the Schedule herein, during the Period of Insurance specified in the Schedule, while such Automobiles are within the United States of America (excluding Hawaii, the Philippine Islands, the Virgin Islands and Puerto Rico) and the Dominion of Canada. 2. This Insurance covers only such and so many of the Perils named in the Schedule as are indicated by a specific premium set thereunder. The Limit of the Underwriters' Liability in respect of each of such Perils is the amount insured stated in the Schedule or the actual cash value of the vehicle concerned at the time of loss, whichever is the less. PROVIDED ALWAYS THAT Underwriters' Liability shall not exceed: a) the limits stated in Part B of the Schedule in respect of any combination of Automobile, truck, tractor, trailer or semi -trailer, or b) the limit stated in Part B of the Schedule in respect of any one event, catastrophe or terminal loss. DEFINITIONS 1. DEFINITION OF AUTOMOBILE. The word "Automobile" wherever used herein shall mean each motor vehicle or trailer or semi - trailer described in this Insurance, including its equipment and other equipment permanently attached thereto. The terms of this Insurance and the Limits of Liability, including any deductible provisions, shall apply to each Automobile separately. 2. DEFINITION OF PERILS. SECTION A. FIRE, LIGHTNING AND TRANSPORTATION. This Section covers (i) (ii) loss or damage resulting from fire arising from any accidental cause, and lightning, damage by smoke or smudge due to a sudden, unusual and faulty operation of any fixed heating equipment serving the premises in which the Automobile is located, and (iii) loss or damage resulting from the stranding, sinking, burning, collision or derailment of any conveyance in or upon which the Automobile is being transported on land or on water, including general average and salvage charges for which the Assured is legally liable. SECTION B. THEFT, ROBBERY AND PILFERAGE. SECTION C. COLLISION OR UPSET. This Section covers loss of or damage to an Automobile caused by accidental collision of the Automobile with another object, or by upset, provided always that the deductible specified in the Schedule shall be deducted from the amount of each and every loss or damage to each Automobile. SECTION D. WINDSTORM, EARTHQUAKE, EXPLOSION, HAIL OR WATER. This Section covers loss or damage caused by windstorm, hail, earthquake, explosion, external discharge or leakage of water, except loss or damage resulting from rain, snow or sleet, whether or not wind -driven. SECTION E. COMBINED ADDITIONAL COVERAGE. This Section covers loss or damage caused by windstorm, hail, earthquake, explosion, riot or civil commotion or the fo rced landing or falling of any aircraft or its parts or equipment, flood or rising waters, external discharge or leakage of water, except loss or Page 4 of 12

9 LLOYD S AUTO PHYSICAL DAMAGE NMA 1650 damage resulting from rain, snow or sleet, whether or not wind-driven. SECTION F. COMPREHENSIVE COVERAGE EXCEPT BY COLLISION OR UPSET. This Section covers loss of or damage to the Automobile except loss or damage caused by collision of the Automobile with anot her object or by upset of the Automobile or by collision of the Automobile with an Automobile to whic h it is attached. Breakage of glass and loss or damage caused by missiles, falling objects, fire, theft, explosion, earthquake, windstorm, hail, water, flo od, vandalism, riot or civil commotion shall not be deemed loss caused by collision or upset. EXCLUSIONS THIS INSURANCE DOES NOT COVER 1. loss of or damage to any radio transmitting or receiving set and tape recorders unless permanently attached to an Insured Automobile, radio tubes in any event, robes, wearing apparel, personal effects, or other proper ty of the Assured or of others carried in or upon the Automobile; 2. loss of or damage to tyres unless damaged by fire or stolen or unless lost or damaged in an accidental collision or upset whi ch also caused other damage to the Insured Automobile: 3. loss or damage directly or indirectly occasioned by, happening through or in consequence of war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped po wer or confiscation or requisition or destruction or damage by or under the order of any government or public or local authority, or, except under Sections E and F, riot or civil commotion; 4. loss or damage arising from nuclear reaction, nuclear radiation or radioactive conta mination; 5. loss of or damage to any Automobile (i) (ii) (iii) (iv) (v) (vi) (vii) while used for any purposes other than those specified in the Schedule, while operated, maintained or used by any person in violation of State Law as to age or by any person under the age of eighteen years in any event, while operated, maintained or used in any race or speed contest, while rented or used for livery purposes or to carry passengers for a consideration, express or implied, unless specifically agreed herein, while subject to any bailment lease, conditional sale, mortgage or other encumbrance, not specifically declared and described in this Insurance, while the Automobile is used in connection with any illicit trade or transportation, which is due and confined to wear and tear, freezing, mechanical or electrical breakdown or failure, unless such damage is the result of other losses covered by this Insurance; 6. under Sections B and F (a) (b) (c) (d) loss or damage caused by any person or persons in the Assured's household or in the Assured's service or employment, whether the loss or damage occurs during the hours of such service or employment or not, loss suffered by the Assured as the result of voluntarily parting with title or possession, whether or not induced so to do by any fraudulent scheme, trick, device or false pretence, the theft, robbery or pilferage of tools or repair equipment except in conjunction with the theft of an entire Automobile, the wrongful conversion, embezzlement or secretion by a mortgagee, vendee, lessee or other person in lawful possessio n of the insured property under a mortgage, conditional sale, lease or other contract or agreement, whether written or verbal. Page 5 of 12

10 LLOYD S AUTO PHYSICAL DAMAGE NMA 1650 CONDITIONS 1. LIMITATION OF USE. It is understood and agreed that the regular and frequent use of the vehicles covered hereunder is and will be confined during the Period of this Insurance to the territory within the radius of miles stated in the Schedule of the pla ce of principal garaging of such vehicles; that is, regular or frequent trips will NOT be made during the Period of th is Insurance to any location beyond such radius of the place of principal garaging of such vehicle. 2. AUTOMATIC INSURANCE FOR NEWLY ACQUIRED AUTOMOBILES. If the Assured who is the owner of the Insured Automobiles acquires ownership of another Automobile, such coverage as is afforded by this Insurance shall apply also to such other Automobiles from the date of delivery thereof, subject to the following additional conditions: - (a) (b) (c) If the Underwriters insure all Automobiles owned by the Assured at the date of such delivery, this Insurance applies to such other Automobile if it is used for pleasure purposes or in the business of the Assured but only to the extent applicable to all such previously owned Automobiles. If the Underwriters do not insure all Automobiles owned by the Assured at the date of such delivery, this Insurance applies to such other Automobile if it replaces an Automobile described in this Insurance but only to the extent applicable to the replaced Automobile. The coverage afforded hereunder upon the replaced Automobile (i) (ii) automatically terminates at the date of such delivery, does not apply to any loss or damage against which the Assured has other valid and collectible insurance, (iii) does not apply unless the Assured notifies the Underwriters within ten (10) days following the date of delivery of the new Automobile and pays any additional premium required. 3. NOTICE TO UNDERWRITERS. Upon the occurrence of any accident claimed to be covered under this Insurance, the Assured or someone on his behalf shall give, as soon as reasonably possible, written notice thereof to the Underwriters and in the event of theft, larceny, robbery or pilferage or vandalism to the police, but shall not, except at his own cost, offer or pay any rewa rd for recovery of the vehicle. Such notice shall contain particulars sufficient to identify the Insured Automobile(s). 4. INSPECTION OF LOSS OR DAMAGE. In the event of any loss or damage covered hereunder, the Assured shall give the Underwriters a reasonable time and opportunity to examine the Insured Automobile before any repairs are begun or any physical evidence of damage removed. 5. PROOF OF LOSS. Within sixty (60) days after loss or damage, unless such time is extended in writing by the Underwriters, the Assured shall forward to the Underwriters a statement, signed and sworn to by the Assured, stating the place, time and cause of the loss or damage, the interest of the Assured and of all others in the property, the sound value thereof and the amount of loss or damage thereto, all encumbrances thereon and all other insurance, whether valid and collectable or not, covering said property. The Assured, as often as required, shall submit to examination under oath by any person designated by the Underwriters and subscribe the same. As often as required, the Assured shall produce for examination all books of accounts, bills, invoices, and other vouchers, or certified copies thereof if the originals are lost, at such reasonable place as may b e designated by the Underwriters, and shall permit extracts and copies thereof to be made. 6. PAYMENT OF LOSS. The loss shall in no event become payable, until sixty (60) days after the verified proof of loss herein re quired shall have been received by the Underwriters and, if appraisal is demanded, then not un til sixty (60) days after an award has been made by the appraisers. Loss, if any, shall be payable as interest may appear to the Assured and to the person or persons specified in the Schedule f or the purpose. 7. PARTIAL LOSS. In the event of partial loss or damage under this Insurance, the Underwriters shall be liable only for the actual cost of (and shall have the option of) repairing, rebuilding or, if necessary, replacing the parts damaged or destroyed. In the event of loss of or damage to the Automobiles described herein, whether such loss or damage is covered by this Insurance or not the liability of the Underwriters shall be reduced by the amount of loss or damage until repairs have been completed. 8. ABANDONMENT - RETURN OF STOLEN PROPERTY. It shall be optional with the Underwriters to take all or any part of the property at the agreed or appraised value, but there can be no abandonment thereof to the Underwriters. If theft is covered hereunder and stolen property is recovered prior to any payment hereunder for such property, the Assured shall take back the recovered property if so required by the Underwriters, who will only be liable, subject to the terms, limits and conditions of this Ins urance, for any damage done to such property by the thief or thieves. Page 6 of 12

11 LLOYD S AUTO PHYSICAL DAMAGE NMA PROTECTION OF SALVAGE. In the event of any loss or damage, whether covered hereunder or not, the Assured shall protect the property from other or further loss or damage, and any such other or further loss or damage due directly or indirectly to the Assured's failure to protect shall not be recoverable hereunder. Any such act of the Assured or the Underwriters in recoveri ng, saving and preserving the property described herein, shall be considered as done for the benefit of all concerned and without prejudice to the rights of either party, and where the loss or damage suffered constitutes a claim hereunder, then all reasona ble expenses thus incurred shall also constitute a claim hereunder, provided, however, that the Underwriters shall not be respons ible for the payment of any reward offered for the recovery of the insured property unless authorized by the Underwriters. 10. OTHER INSURANCE. If the Assured carries a policy of another insurer against a loss covered hereby, the Assured shall not be entitled to recover from the Underwriters a larger proportion of the entire loss than the amount hereby insured bears to the total amount of valid and collectible insurance, and if any person, firm or corporation other than the Assured has valid and collectible insurance against any loss covered hereby then no such person, firm or corporation shall be considered as an Assured hereunder. 11. APPRAISAL. In case the Assured and Underwriters shall fail to agree as to the amount of loss or damage each shall on the wri tten demand of either, select a competent and disinterested appraiser. Before entering upon the reference, the appraisers shall fir st select a competent and disinterested umpire, and failing for fifteen (15) days to agree upon such umpire, then on the request of the Assured or the Underwriters such umpire shall be selected by a judge of a court of record in the County and State in whic h the appraisal is pending. The appraisers shall then appraise the loss or damage, stating separately the sound value and loss or damage; and failing to agree, shall submit their differences only to the umpire. The award in writing of any two, when filed with the Underwriters, shall determine the amount of sound value and loss or damage. Each appraiser shall be paid by the party selecting him and the expenses of the appraisal and of the umpire shall be paid by the parties equally. 12. ASSIGNMENT OF INTEREST. If an Automobile, to which this Insurance applies, is sold, transferred or assigned, the insurance provided herein shall not extend to such purchaser, transferee or assignee. In the event of death of the Assured during the Period of Insurance this Insurance shall continue in force for the benefit of the legal representative of the Assured for six ty (60) days from Noon on the date of such death, but in no event shall the Period of this Insurance thereby be extended. 13. SUBROGATION. If the Underwriters become liable for any payment under this Insurance in respect of a loss, the Underwriters shall be subrogated, to the extent of such payment, to all the rights and remedies of the Assured against any party in respect of such loss and shall be entitled at their own expense to sue in the name of the Assured. The Assured shall give to the Underw riters all such assistance in his power as the Underwriters may require to secure their rights and remedies and, at Underwriters' request, shall execute all documents necessary to enable Underwriters effectively to bring suit in the name of the Assured, including the execution and delivery of the customary form of loan receipt. 14. CANCELLATION. This Insurance may be cancelled by the Assured at any time by written notice or by surrender of this Contract of Insurance. This Insurance may also be cancelled by or on behalf of the Underwriters by delivering t o the Assured or by mailing to the Assured, by registered, certified or other first class mail, at the Assured's address as shown in the Schedule, writte n notice stating when, not less than 10 days thereafter, the cancellation shall be effective. The mailing of such notice as aforesaid shall be sufficient proof of notice and this Insurance shall terminate at the date and hour specified in such notice. If this Insurance shall be cancelled by the Assured, the Underwriters shall retain the short rate propo rtion set out herein of the premium hereon. If this Insurance shall be cancelled by or on behalf of the Underwriters, the Underwriters shall retain the pro rata proporti on of the premium hereon. Payment or tender of any unearned premium by the Underwriters shall not be a condition precedent to the effectiveness of Cancellation but such payment shall be made as soon as practicable. If the period of limitation relating to the giving of notice is prohibited or made void by any law controlling the constructi on thereof, such period shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. 15. SERVICE OF SUIT. It is agreed that in the event of the failure of the Underwriters hereon to pay any amount claimed to be du e hereunder, the Underwriters hereon, at the request of the Assured, will submit to the jurisdiction of a Court of competent jurisdiction within the United States. Nothing in this Clause constitutes or should be understood to constitute a waiver of Underwriters' rights to commence an action in any Court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another Court as permitted by the laws of the United State s or of any State in the United States. It is further agreed that service of process in such suit may be made upon the person or persons specified for the purpose in the Page 7 of 12

12 LLOYD S AUTO PHYSICAL DAMAGE NMA 1650 Schedule, and that in any suit instituted against any one of them upon this contract, Underwriters will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. The above-named are authorized and directed to accept service of process on behalf of Underwriters in any such suit and/or upon the request of the Assured to give a written undertaking to the Assured that they will enter a general appearance upon Underwriters' behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which m ake provision therefor, Underwriters hereon hereby designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as their true and lawful attorney u pon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Assured or any beneficiary hereunder a rising out of this Contract of Insurance, and hereby designate the above named as the person to whom the sai d officer is authorized to mail such process or a true copy thereof. 16. MISREPRESENTATION AND FRAUD. If the Assured has concealed or misrepresented any material fact or circumstance concerning this Insurance, or if the Assured shall make any claim knowing the same to be false or fraudulent, as regards to amount or otherwise, this Insurance shall become void and all claim hereunder shall be forfeited. Page 8 of 12

13 A. For insurances written for one year:- Days Insurance Per cent. of in Force One Year Premium LLOYD S AUTO PHYSICAL DAMAGE NMA 1650 SHORT RATE CANCELLATION TABLE Days Insurance in Force Per cent. of One Year Premium (6 months) (1 months) (7 months) (8 months) (2 months) (9 months) (3 months) (10 months) (4 months) (11 months) (5 months) (12 months). 100 B. For Insurances written for more or less than one year:- 1. If insurance has been in force for 12 months or less, apply the standard short rate table for annual insurances to the full annual premium determined as for an insurance written for a term of one year. Page 9 of 12

14 2. If insurance has been in force for more than 12 months: LLOYD S AUTO PHYSICAL DAMAGE NMA 1650 a. Determine full annual premium as for an insurance written for a term of one year. b. Deduct such premium from the full insurance premium, and on the remainder calculate the pro rata Earned Premium on the basis of the ratio of the length of time beyond one year the insurance has been in force to the length of time beyond one year for which the insurance was originally written. c. Add premium produced in accordance with items (a) and (b) to obtain Earned Premium during full period insurance has been in force. ADDITIONAL CLAUSE(S) AND ENDORSEMENT(S) APPLICABLE TO THIS POLICY ACTUAL CASH VALUE CLAUSE It is a condition of this Insurance that the Limit of Liability per automobile shown in the Schedule represents the full actual cash value of the automobile(s) covered hereon. If not, in the event of loss or damage, the Assured shall only be entitled to recover hereunder such proportion of the said loss or damage as the Limits of Liability bears to the full actual cash value. All other policy terms and conditions remain unchanged. LSW545 DRIVER CRITERIA Every driver must have his/her Motor Vehicle Report (MVR) approved by Continental Insurance Agency within 7 days of their employment with the subject trucking firm. They must comply with the following Driver Criteria, and have a Single Valid Full Commercial Driving License, endorsed for the specific type equipment operated at the time of loss or damage. If any of the Driver Criteria, including the following, is not fully complied with, then the driver is not acceptable or approved and will result in any claim or loss involving such unacceptable or unapproved driver as being not covered for any and all c overage's that might otherwise have been applicable. Driver must be aged 21 or over and 65 or under. Drivers aged 21 or 22 will only be accepted with a clean MVR (no major or min or violation whatsoever). Driver must have a Minimum of two years Commercial Truck Driving Experience. Driver must have no more than 4 (four) minor violations in the last three years, with no more than two in the last year. No m ore than 1 (one) chargeable accident in the last three years. Driver must have no major violations in the last three years. Driver must have Single Valid Full Commercial Driving License, endorsed for the equipment operated at the time of loss or dam age. Driver must have no license suspension. No acceptable MVR shall exceed 3 months old. Minor Violation Definitions:- All moving violations other than major violations listed below are considered minor violations. The following non-moving violations are considered to be minor violations: Defective brakes, Defective equipment, Oversize / Overweight. Two (2) overw eight violations equal one (1) minor violation. Major Violation Definition:- Driving Whilst Intoxicated (DWI), Driving Under the Influence (DUI), implied consent, any drug related violation. Manslaughter or negligent homicide. Felony involving a motor vehicle. Racing. Hit and Run or leaving the scene of an accident Reckless Driving License suspension for points. Page 10 of 12

15 LLOYD S AUTO PHYSICAL DAMAGE NMA 1650 Driving while license suspended. Fleeing/eluding arrest. Multiple driver licenses not reported to company. All other policy terms and conditions remain unchanged. GARAGING OR SECURED YARD WARRANTY The assured hereby warrants and agrees that the insured vehicle will be either: 1. garaged in a securely closed and locked building; or 2. parked in a fully enclosed yard which is securely closed and locked, or which is under constant surveillance, or on a 24 hour guarded lot; or 3. parked adjacent to and on ( but not on a public road), the insured(s) place of permanent residence; and The insured vehicle has all the openings closed and securely locked and keys removed, in so far as local regulations permit. Any such loss or damage resulting from breach of this warranty shall result in denial of claim or any rights of recovery here under. NEW MEMBER DOUBLE DEDUCTIBLE It is a condition of this Insurance that in the event of a loss or damage covered hereunder, the deductible applicable will be doubled, if the claim occurs within 90 days of the member joining the Continental Trucking Association. All other policy terms and conditions remain unchanged. OBLIGATION TO REPAIR You are obligated to repair any known defect or damage relating to your trucks, trailers, containers and security devices. You will not transport cargo on or in any truck, trailer or container that is known to be defective i n any way. All other policy terms and conditions remain unchanged. SALVAGE CLAUSE It is a condition of this Insurance that in the event of a loss or damage covered hereunder, the Underwriters may, at their options, pay the amount stated under the Limit of Liability in the Schedule or the actual cash value (whichever is the lesser amount), less any deductible, and such payment shall entitle the underwriters to all salvage resulting after such loss or damage. All other policy terms and conditions remain unchanged. LSW544 AUTOMOBILE PHYSICAL DAMAGE STRIKING EXCLUSION ENDORSEMENT It is hereby agreed and understood that any claim which occurs in the states of Illinois, New York and New Jersey, resulting from the striking of any overhead fixed structure to any scheduled vehicle under this policy is excluded from all coverage. All other policy terms and conditions remain unchanged. TOTAL OR CONSTRUCTIVE TOTAL LOSS It is hereby understood and agreed that in the event of a total or constructive total loss of any item or property insured during the Period of Insurance specified in the Schedule and the loss is paid by the Underwriters, then the total premium for that property shall be considered fully earned. This Endorsement shall not apply where State Law or any Premium Finance Agreement would be violated or infringed. Constructive Total Loss shall be defined as Loss where the cost of recovery and repair would exceed the Limit of Liability shown in the Schedule or the actual cash value (whichever is the lesser amount). All other policy terms and conditions remain unchanged. LSW546 Page 11 of 12

16 TOWING AND STORAGE AMENDATORY ENDORSEMENT (Towing and Storage as a Supplementary Payment) LLOYD S AUTO PHYSICAL DAMAGE NMA 1650 In consideration of the additional premium charged, Underwriters will pay towing and storage charges over and above the limits stated in the schedule for the specific units involved in the covered loss. In the event of more than one covered unit involved in the same loss, this endorsement shall apply separately for each unit. The most Underwriters will pay for towing and storage is USD 5,000, unless the Continental Trucking Association Member has elected to purchase a $10,000 limit and shown on Proposal Form or Proposal Form Addendum(s). All other policy terms and conditions remain unchanged. VANDALISM AND MALICIOUS MISCHIEF EXTENSION It is hereby understood and agreed that Section E is extended to include loss or damage caused by vandalism and/or malicious mischief. All other policy terms and conditions remain unchanged. LSW530 Auto Physical Damage NMA 1650 Page 12 of 12

17 RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE This Policy does not cover any loss or damage arising directly or indirectly from nuclear reaction nuclear radiation or radioactive contamination however such nuclear reaction nuclear radiation or radioactive contamination may have been caused *NEVERTHELESS if Fire is an insured peril and a Fire arises directly or indirectly from nuclear reaction nuclear radiation or radioactive contamination any loss or damage arising directly from that Fire shall (subject to the provisions of this Policy) be covered EXCLUDING howe ver all loss or damage caused by nuclear reaction nuclear radiation or radioactive contamination arising directly or indirectly from that Fire. * NOTE. - If Fire is not an insured peril under this Policy the words NEVERTHELESS to the end of the clause do not apply and should be disregarded. NMA 1191 WAR AND TERRORISM EXCLUSION ENDORSEMENT Notwithstanding any provision to the contrary within this insurance or any endorsement thereto it is agreed that this insuran ce excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, re sulting from or in connection with any of the following regardless of any other cause or event contributing concurrently or in any other sequence to the loss; 1. war, invasion, acts of foreign enemies, hostilities or warlike operations (whether war be dec lared or not), civil war, rebellion, revolution, insurrection, civil commotion assuming the proportions of or amounting to an uprising, military or usurped power; or 2. any act of terrorism. For the purpose of this endorsement an act of terrorism means an act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public, or any section of the public, in fear. This endorsement also excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any action taken in controlling, preventing, suppressing or in any way relating to 1 and/or 2 above. If the Underwriters allege that by reason of this exclusion, any loss, damage, cost or expense is not cove red by this insurance the burden of proving the contrary shall be upon the Assured. In the event any portion of this endorsement is found to be invalid or unenforceable, the remainder shall remain in full forc e and effect. 08/10/01 NMA2918 SEEPAGE AND/OR POLLUTION AND/OR CONTAMINATION EXCLUSION U.S.A. & CANADA Notwithstanding any provision to the contrary within the Policy of which this Endorsement forms part (or within any other Endorsement which forms part of this Policy), this Policy does not insure: (a) any loss, damage, cost or expense, or (b) any increase in insured loss, damage, cost or expense, or (c) any loss, damage, cost, expense, fine or penalty, which is incurred, sustained or imposed by order, direction, instruction or request of, or by any agreement with, any court, government agency or any public, civil or military authority; or threat thereof, (and whether or not as a result of public or private litigation), which arises from any kind of seepage or any kind of pollution and/or contaminatio n, or threat thereof, whether or not caused by or resulting from a Peril insured, or from steps or measures taken in connection with the avoidance, prevention, abatement, miti gation, remediation, clean-up or removal of such seepage or pollution and/or contamination or threat thereof. The term 'any kind of seepage or any kind of pollution and/or contamination' as used in this Endorsement includes (but is not limited

18 to): (a) seepage of, or pollution and/or contamination by, anything, including but not limite d to, any material designated as a 'hazardous substance' by the United States Environmental Protection Agency or as a 'hazardous material' by the United States Department of Transportation, or defined as a 'toxic substance' by the Canadian Environmental Pr otection Act for the purposes of Part II of that Act, or any substance designated or defined as toxic, dangerous, hazardous or deleterious to persons or the environment under any other Federal, State, Provincial, Municipal or other law, ordinance or regula tion; and (b) the presence, existence, or release of anything which endangers or threatens to endanger the health, safety or welfare of per sons or the environment. NMA 2342 SERVICE OF SUIT CLAUSE (U.S.A.) It is agreed that in the event of the failure of the Underwriters hereon to pay any amount claimed to be due hereunder, the Underwriters hereon, at the request of the Insured (or Reinsured), will submit to the jurisdiction of a Court of competent ju risdiction within the United States. Nothing in this Clause constitutes or should be understood to constitute a waiver of Underwriters' rights to commence an action in any Court of competent jurisdiction in the United States, to remove an action to a United Stat es District Court, or to seek a transfer of a case to another Court as permitted by the laws of the United States or of any State in the United States. It is further agreed that service of process in such suit may be made upon: Mendes and Mount, Inc. 750 Seventh Avenue, New York, New York , U.S.A. In the state of California; Mendes and Mount, Inc., 445 South Figueroa Street, 38 th Floor, Los Angeles, California , U.S.A. and that in any suit instituted against any one of them upon this contract, Underwriters will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. The above-named are authorized and directed to accept service of process on behalf of Underwriters in any such suit and/or upon the request of the Insured (or Reinsured) to give a written undertaking to the Insured (or Reinsured) that they will enter a gene ral appearance upon Underwriters behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, Und erwriters hereon hereby designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as their true and lawful attorney upon whom may be served any lawful proce ss in any action, suit or proceeding instituted by or on behalf of the Insured (or Reinsured) or any beneficiary hereunder arising out of this contract of insurance (or reinsurance), and hereby designate the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof. NMA 1998 WISCONSIN SURPLUS LINES INSURANCE PROPOSAL This insurance is with an insurer which has not obtained a certificate of authority to transact a regular insurance business in the state of Wisconsin, and will be issued and delivered as a surplus line coverage pursuant to , Sta ts. The insurance is regulated by the Commissioner of Insurance only as provided in ss and , Stats. Section (1), Stats. requires payment b y the policyholder of a 3% tax on gross premium (except for Ocean Marine Insurance on which tax is one-half of 1%). The tax in this instance amounts to $ AS PER CONTINENTAL TRUCKING ASSOCIATION GROUP POLICY. 01/09/13

19 LMA 9088 WISCONSIN SURPLUS LINES NOTICE This insurance contract is with an insurer which has not obtained a certificate of authority to transact a regular insurance business in the state of Wisconsin, and is issued and delivered as a surplus line coverage pursuant to s of the Wisconsin St atutes. Section (1), Wisconsin Statutes, requires payment by the policyholder of 3 percent tax on gross premium. 01/09/13 LMA 9089 SEVERAL LIABILITY NOTICE The subscribing insurers' obligations under contracts of insurance to which they subscribe are several and not joint and are limited solely to the extent of their individual subscriptions. The subscribing insurers are not responsible for the subscription of any cosubscribing insurer who for any reason does not satisfy all or part of its obliga tions. LSW1001 (Insurance) LAND, WATER AND AIR EXCLUSION Notwithstanding any provision to the contrary within the Policy of which this Endorsement forms part (or within any other Endorsement which forms part of this Policy), this Policy does not insure land (including but not limited to land on which the insured property is located), water or air, howsoever and wherever occurring, or any interest or right therein. NMA2341 CANCELLATION CLAUSE NOTWITHSTANDING anything contained in this Insurance to the contrary this Insurance may be cancelled by the Assured at any time by written notice or by surrendering of this Contract of Insurance. This Insurance may also be cancelled by or on behalf of the Underwriters by delivering to the Assured or by mailing to the Assured, by registered, certified or other first class mail, at the Assured s address as shown in this Insurance, written notice stating when, not less than 10 days thereafter, the cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice and this Insurance shall terminate at the date and hour specified in such notice. If this Insurance shall be cancelled by the Assured the Underwriters shall retain the customary short rate proportion of the premium hereon, except that if this Insurance is on an adjustable basis the Underwriters shall receive the Earned Premium hereon or the customary short rate proportion of any Minimum Premium stipulated herein whichever is the greater. If this Insurance shall be cancelled by or on behalf of the Underwriters the Underwriters shall retain the pro rata proportion of the premium hereon, except that if this Insurance is on an adjustable basis the Underwriters shall receive the Earned Premium her eon or the pro rata proportion of any Minimum Premium stipulated herein whichever is the greater. Payment or tender of any Unearned Premium by the Underwriters shall not be a condition precedent to the effectiveness of Cancellation but such payment shall be made as soon as practicable.

20 If the period of limitation relating to the giving of notice is prohibited or made void by any law controlling the construction thereof, such period shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. NMA 1331 SANCTION LIMITATION AND EXCLUSION CLAUSE No (re)insurer shall be deemed to provide cover and no (re)insurer shall be liable to pay any claim or provide any benefit he reunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose that (re)insurer to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, United Kingdom or United States of America. 15/09/10 LMA3100

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