GarageLiabilityPolicy

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GARAGE LIABILITY COVERAGE FORMQUICK REFERENCE

DECLARATIONS PAGE

Name of Insurance CompanyPolicy Period

Your Name and AddressOperation

Coverage and Amounts of InsuranceEmployees

Beginning On Page

I GARAGE LIABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1

Coverage LCoverage MExclusions

II GARAGEKEEPERS’ LEGAL LIABILITY . . . . . . . . . . . . . .5

Coverage K-1Coverage K-2Coverage K-4Exclusions

III PERSONS INSURED . . . . . . . . . . . . . . . . . . . . . . . . . . .6

CoverageExclusionsLimit of InsuranceDeductible

IV LIMITS OF LIABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . .8

V ADDITIONAL DEFINITIONS . . . . . . . . . . . . . . . . . . . . . .9

TC-11(Ed. 01-06)

CONSTITUTIONAL CASUALTY COMPANYGARAGE LIABILITY INSURANCE

The insurance afforded is only with respect to such of thefollowing coverages hereunder as are indicated by charges.The limit of the company’s liability reference thereto.

Garage Liability L. Bodily Injury and Limits of Liability PremiumM. Property Damage See Schedule $ included

Combined Single Limit

PremiumGaragekeepers’ K - 1 Fire & Explosion $ includedLegal Liability K - 2 Theft of the entire automobile $ included

K - 4 Collision or upset $ included

Garagekeepers’ Legal Liability Limit of LiabilityEach accident See Schedule

I. GARAGE LIABILITYCOVERAGE L BODILY INJURYCOVERAGE M. PROPERTY DAMAGE

The company will pay on behalf of the insured all sumsexcept for punitive or exemplary damages, which theinsured shall become legally obligated to pay as damagesbecause of

L. Bodily Injury orM. Property Damage

to which this insurance applies, caused by an accident andarising out of garage operations, including only theautomobile hazard for which insurance is afforded and thecompany shall have the right and duty to defend any claimor suit against the Insured seeking damages on account ofsuch bodily injury or property damage except for punitiveor exemplary damages, even if any of the allegations ofthe suit are groundless, false or fraudulent, and may makesuch investigation and settlement of any claim or suit as itdeems expedient, but the company shall not be obligatedto pay any claim or judgment or to defend any suit after theapplicable limit of the company’s liability has beenexhausted by payment of judgments or settlements.Exclusions

This insurance does not apply, under the GarageLiability Coverages:(a) to liability assumed by the insured under any

contract or agreement except an incidentalcontract;

(b) to bodily injury or property damage arising out ofthe ownership, maintenance, operation, use,loading or unloading of any escalator at premisesowned, rented or controlled by the named insured;but this exclusion does not apply to an escalator atthe premises which the named insured owns, rentsor controls only in part unless the named insuredoperates, maintains or controls the escalator;

(c) to any obligation for which the insured or anycarrier as his insurer may be held liable under any

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TC-11(Ed. 01-06)

worker’s compensation, unemploymentcompensation or disability benefits law, or underany similar law;

(d) to bodily injury to any employee of the insuredarising out of and in the course of his employmentby the insured or to any obligation of the insured toindemnify another because of damages arising outof such injury; but this exclusion does not apply to:(1) any such injury arising out of and in the course

of domestic employment by the insured unlessbenefits therefor are in whole or in part eitherpayable or required to be provided under anyworker’s compensation law, or

(2) liability assumed by the Insured under anIncidental contract;

(e) to bodily injury or property damage arising out ofthe ownership, maintenance, use, operation,loading or unloading of any:(1) haulaway, tank truck or tank trailer (or any

vehicle used therewith) owned, hired or held forsale by the named insured and not beingdelivered, demonstrated or tested;

(2) automobile:(i) while being used in any prearranged or

organized racing, speed or demolitioncontest or in any stunting activity or inpractice or preparation for any such contestor activity, or

(ii) while rented to others by the namedinsured unless to a salesman for useprincipally in the business of the namedinsured, or

(iii) while being used by the Insured as a publicor livery conveyance or for carryingproperty for a charge:

(3) watercraft or aircraft;(f) to bodily Injury or property damage arising out of

or occurring in the course of structural alterations,new construction or demolition operationperformed for the named insured by independentcontractors, or acts or omissions of the namedinsured in connection with his general supervisionof any such operations; but this exclusion does notapply to operations of which the company haswritten notice within 30 days after thecommencement thereof;

(g) to property damage to:(1) property owned by, rented to or held for sale by

the insured, or(2) property in the care, custody or control of or

being transported by the insured or property asto which the insured is for any purposeexercising physical control; but part (2) of thisexclusion does not apply to property damagearising out of the ownership, maintenance oruse at the premises of any automobile

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servicing hoist designed to raise the entireautomobile, or to such insurance as is affordedfor the use of elevators at the premises;

(h) to property damage to premises alienated by thenamed insured arising out of such premises or anypart thereof,

(i) to loss of use of tangible property which has notbeen physically injured or destroyed resulting from:(1) a delay in or lack of performance by or on

behalf of the named insured of any contract oragreement, or

(2) the failure of the named insured’s products orwork performed by or on behalf of the namedinsured to meet the level of performance,quality, fitness or durability warranted orrepresented by the named insured;

but this exclusion does not apply to loss of use ofother tangible property resulting from the suddenand accidental physical injury to or destruction ofthe named insured’s products or work performedby or on behalf of the named insured after suchproducts or work have been put to use by anyperson or organization other than an insured;

(j) to property damage to any of the named insured’sproducts if such property damage results from acondition existing in such product or any partthereof at the time possession is relinquished bythe purchaser thereof;

(k) to property damage to work performed by or onbehalf of the named insured arising out of the workor any portion thereof, or out of materials, parts orequipment furnished in connection therewith;

(l) to damages claimed for the withdrawal, inspection,repair, replacement, or loss of use of the namedinsured’s products or work forming a part thereof, ifsuch products, work or property are withdrawn fromthe marker or from use because of any known orsuspected defect or deficiency therein;

(m) to bodily injury or property damage due to war,whether or not declared, civil war, insurrection,rebellion or revolution or to any act or conditionincident to any of the foregoing, with respect to:(1) liability assumed by the insured under an

incidental contract, or(2) expenses for first aid under the Supplementary

Payments provision;(n) to bodily Injury or property damage for which the

insured or his indemnitee may be held liable:(1) as a person or organization engaged in the

business of manufacturing, distributing, sellingor servicing alcoholic beverages, or

(2) if not so engaged, as an owner or lessor ofpremises used for such purposes, if suchliability is imposed:(i) by, or because of the violation of any

statute, ordinance or regulation pertaining

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to the sale, gift, distribution or use of anyalcoholic beverage, or

(ii) by reason of the selling, serving or giving ofany alcoholic beverage to a minor or to aperson under the influence of alcohol orwhich causes or contributes to theintoxication of any person;

but part (ii) of this exclusion does not apply withrespect to liability of the insured or his indemniteeas an owner or lessor described in (2) above;

(o) to bodily injury or property damage arising out ofthe discharge, dispersal, release or escape ofsmoke, vapors, soot, fumes, acids, alkalis, toxicchemicals, liquids or gases, waste materials orother irritants, contaminants or pollutants into orupon land, the atmosphere or any watercourse orbody of water, but this exclusion does not apply ifsuch discharge, dispersal, release or escape issudden and accidental.

II. GARAGEKEEPERS’ LEGAL LIABILITYCOVERAGE K-1-FIRE AND EXPLOSIONCOVERAGE K-2-THEFT OF THE ENTIRE AUTOMOBILECOVERAGE K-4-COLLISION OR UPSET

The company will pay on behalf of the insured all sumsthat the insured shall become legally obligated to pay asdamages because of:

K-1. loss to an automobile caused by fire or explosionother than explosion of tires;

K-2. loss to an automobile caused by theft of the entireautomobile;

K-4. loss to an automobile or other property of a kindcustomarily left in charge of a garage caused bycollision of the automobile or such property withanother object or by upset thereof; occurring whilesuch automobile or other property is in the custodyof the insured for safekeeping, storage, service, orrepair;

(1) at a location stated in this schedule or while temporarilyremoved therefrom in the ordinary course of theinsured’s business, or

(2) away from the premises if the insured is attending suchautomobile or property; and the company shall havethe right and duty to defend any suit against the insuredseeking damages on account of such loss, even if anyof the allegations of the suit are groundless, false orfraudulent, and may make such investigation andsettlement of any claim or suit as it deems expedient,but the company shall not be obligated to pay any claimor judgment or to defend any suit after the applicablelimit of the company’s liability has been exhausted bypayment of judgments or settlements.

The deductible amount stated in the schedule asapplicable hereto shall be deducted from the total amountof all sums which the insured shall became legallyobligated to pay as damages because of each loss, and

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the limit of the company’s liability shall be the differencebetween such deductible amount and the limit of liabilitystated in the schedule;

The Supplementary Payments provisions of the policyare applicable to the insurance afforded for Garagekeepers’Legal Liability, except the provisions with respect to thecost of bail bonds and expenses for first aid.ExclusionsThis insurance does not apply, under the Garagekeepers’Legal Liability Coverages:(a) to liability of the Insured under any agreement to be

responsible for loss;(b) to an automobile or other property:

(1) owned by or rented to(i) the named insured or a partner therein or a

member thereof, or the spouse of any one ofthem if a resident of the same household,

(ii) an employee of the named insured or hisspouse if a resident of the same household,unless the automobile or other property is in thecustody of the named insured under anagreement for which a specific pecuniarycharge has been made, or

(2) in the custody of the named Insured fordemonstration or sale;

(c) to loss by theft due to any fraudulent, dishonest orcriminal act by the named insured, a partner therein, amember thereof or employee, trustee or authorizedrepresentative thereof, whether working or otherwiseand whether acting alone or in collusion with others;

(d) to loss arising out of the use of any elevator, or anyautomobile servicing hoist designed to raise an entireautomobile;

(e) to defective parts, accessories or materials furnished orto faulty work performed on an automobile, out of whichloss arises;

(f) to an automobile or other property while the automobileis being used in any prearranged or organized racing,speed or demolition contest or in any stunting activity orin practice or preparation for any such contest oractivity;

(g) to loss due to war, whether or not declared, civil war,insurrection, rebellion or revolution, or to any act orcondition incident to any of the foregoing;

(h) to loss due to radioactive contamination;(i) to damages for loss of use of an automobile.

III. PERSONS INSUREDEach of the following is an insured under this insurance tothe extent set forth below:A. under the Garage Bodily Injury and Property Damage

Liability Coverages:(1) the named insured;(2) with respect to garage operations other than the

automobile hazard:(a) any employee, director or stockholder of the

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named insured while acting within the scope ofhis/her duties as such;

(b) if the named insured is designated in thedeclarations as an individual, the person sodesignated but only with respect to the conductof a business of which he/she is the soleproprietor, and the spouse of the named insuredwith respect to the conduct of such a business;

(c) if the named insured is designated in thedeclarations as a partnership or joint venture,any partner or member thereof but only withrespect to his liability as such;

(d) any person or organization having a financialinterest in the garage operations of the namedinsured;

(3) with respect to the automobile hazard:(a) any person while using, with the permission of

the named insured, any automobile to which theinsurance applies under the automobile hazard,provided his actual operation or (if he/she is notoperating) his other actual use thereof is withinthe scope of such permission, but with respectto bodily injury or property damage arising out ofthe loading or unloading of an automobile, suchperson shall be an insured only if he/she is(i) a borrower of the automobile, or(ii) a partner, member or employee of the

named insured or of such a borrower;(b) any other person or organization but only with

respect to his or its ability liability because ofacts or omissions of the named insured or aninsured under (a) above.

None of the following is an insured:(a) any person while engaged in the business of his

employer with respect to bodily injury or to anyfellow employee of such person injured in thecourse of his employment;

(b) any person or organization, other than thenamed insured or its directors, stockholders,partners, members or employees while actingwithin the scope of their duties as such, withrespect to operations preformed by independentcontractors for the named insured;

(c) any person or organization, other than thenamed insured, with respect to any automobile:(i) owned by such person or organization or by

a member (other than the named insured) ofthe same household, or

(ii) procession of which has been transferred toanother by the named insured pursuant to anagreement of sale;

(d) any partner, member or employee of the namedinsured or the spouse of such person, withrespect to property damage to property ownedby, rented to or held for sale by the namedinsured, or property in the care, custody or

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control of or transported by the named insured.This insurance does not apply to bodily injury or propertydamage arising out of the conduct of any partnership orjoint venture of which the Insured is a partner or memberand which is not designated in this policy as a namedInsured.B. under the Garagekeeper’s’ Legal Liability Coverages:

(1) the named insured;(2) if the named insured is designated in the

declarations as an individual, the person sodesignated but only with respect to the conduct of abusiness of which he/she is the sole proprietor, andthe spouse of the named insured with respect to theconduct of such a business;

(3) any employee, director or stockholder of the namedinsured while acting within the scope of his dutiesas such; and

(4) if the named insured is designated in thedeclarations as a partnership or joint venture, anypartner or member thereof but only with respect tohis liability as such.

IV. LIMITS OF LIABILITYRegardless of the number of (1) insureds under this policy,(2) persons or organizations who sustain bodily injury,property damage, or loss, (3) claims made or suits broughton account of bodily injury, property damage, or loss, or (4)automobiles to which this policy applies, the company’sliability is limited as follows:

Coverage L. Bodily Injury - The limit of bodily injuryliability stated in the schedule is the limit of the company’sliability for all damages, including damages for care andloss of services, because of bodily injury sustained by oneor more persons as the result of any one accident shall notexceed the limit of liability stated in the schedule.

Coverage M. Property Damage - The total limit of theCompany for all damages because of all property damagesustained by one or more persons or organizations as theresult of any one accident shall not exceed the limit ofliability stated in the schedule.

Combined Single Limit Coverages L and M -Regardless of the number of insureds, persons injured,claims made or suits brought on account of bodily injury orproperty damage, vehicles stated in the declarations, orvehicles involved in the accident, if the limit of liability isstated in the declarations as a Combined Single Limit, thetotal limit of liability for bodily injury and property damagetaken together arising out of one accident shall be theamount stated in the declarations.

Coverage K1, K2, and K4 - Subject to the application ofthe deductible, the limit of the company’s liability for lossshall be the limit of liability stated in the schedule asapplicable thereto. All of the terms of this policy applyirrespective of the application of any deductible amountand the company may pay any part or all of the deductibleamount to effect settlement of any claims or suit and, upon

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notification of the action taken, the named insured shallpromptly reimburse the company for such part of thedeductible amount as has been paid by the company.

Repairs by the named insured shall be adjusted atactual cost to the named insured for labor and materials.

INSURED’S DUTIES IN THE EVENT OF LOSSThe insured’s duties in event of loss under this coverageshall be the same as provided in the Policy Conditions withrespect to an occurrence, claim, or suit. In the event of atheft or larceny, the insured shall also promptly notify thepolice.

V. ADDITIONAL DEFINITIONSWhen used in reference to this insurance (includingendorsements forming a part of the policy:

“automobile” means a land motor vehicle or trailer,other land equipment capable of moving under its ownpower, equipment for use therewith, and animal drawnequipment;“automobile hazard” means the use in connectionwith garage operations of any automobile that is neitherowned nor hired by any insured, the named insured, apartner therein or a member thereof or a member of thesame household as any such person;“garage” means an automobile sales agency, repairshop, service station, storage facility or public parkingplace;“garage operations” means the ownership,maintenance or use of the premises for the purposes ofa garage and all operations necessary or incidentalthereto;“loss” means direct and accidental loss of or damageto property that occurs during the policy period;“premises” means the premises where the namedinsured conducts garage operations, and includes theways immediately adjoining, but does not include anyportion of such premises upon which businessoperations are conducted by any other person ororganization.“incidental contract” means a lease of premises, aneasement, a sidetrack agreement, or an elevatormaintenance agreement.“named insured’s products” means the goods orproducts made or sold while engaging in “garageoperations”.“work” means repairs to or products installed on anautomobile.