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A Who Is An Insured (2) Is executed after the date of loss. The following is added to Paragraph Al. of Sea Paragraph e.(2) does not apply if: tion11— Liability Coverage: (1) The terms and conditions of the written d. Any: "insured contract" had been agreed upon (1) Subsidiary which is a legally incorporated prior to the "accident" or "loss"; and entity of which you own greater than 50% (2) You can definitively establish that the terms interest in the voting stock on the effective and conditions of the written "insured con - date of this Coverage Form. However, the tract" ultimately executed are the same as insurance afforded by this provision does those which had been agreed upon prior to not apply to any subsidiary that is an "in- the "accident" or loss". sured" under any other automobile liability f. Any of your "employees" while using a covered policy, or would bean "insured" under such "auto" in your business or your personal af- policy but for the termination of such policy fairs, provided you do not own, hire or borrow or the exhaustion of such policy's limits of that "auto". insurance. B. Coverage Extensions -Supplementary Payments (2) Organization you newly acquire or form, and over which you maintain majority inter-() Paragraphs A2.a. 2 and A2.a. 4 of Section II — ( ) est. Liability Coverage are replaced by the following: The coverage afforded by this provision: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required ion (a) Is effective on the acquisition date, and because of an "accident" we cover. We do not s afforded only until the day after have to furnish these bonds. you acquire or form the organization or the and of the policy period, whichever (4) All reasonable expenses incurred by the 'in - is earlier; sured" at our request, including actual loss of earnings up to $1,000 a day because of time off (b) Does not apply to 'bodily injury" or from work. "property damage" resulting from an "ac- cident" that occurred before you ac- C. Fellow Employee quired or formed the organization; and The following exception is added to exclusion 5. (c) Does not include any newly acquired or Fellow Employee under paragraph B. Exclusions formed organization that is: of Section 11—Liability Coverage: (i) A joint venture or partnership; or This exclusion does not apply if the "bodily injury" to (ii) An "insured" under any other auto- results from the use of a "covered auto" you own or hire. The coverage provided under this excep- mobile liability policy or would be tion is excess over any other collectible insurance. "insured" under such policy but for the termination of such policy or the D. Towing exhaustion of such policy's limits of Paragraph A2, of Section III — Physical Damage Insurance. Coverage is replaced by the following: e. Any person, .organization or governmental 2. We will pay for towing and labor costs each entity with respect to the operation, mainte- time that a covered "auto" is disabled. All labor nance, or use of a covered "auto" if you are re- must be performed at the place of disablement quired to add such person, organization or go- of the covered "auto". If the auto is not a private vernmental entity to this policy as an additional passenger type, a $250 deductible will apply to insured in order to comply with the terms of a this coverage but It will not reduce the available written "insured contract" or written agreement. limit of insurance. For all types of "auto", the This does not apply when such contract or most we will pay under this coverage is $1,000 agreement: per disablement. "Autos" which are disabled do (1) Involves the owner or anyone else from not include stolen vehicles. whom you hire or borrow a covered "auto" unless it is a "trailer" connected to a covered "auto" you own; or Page 2 of 4 Copyright, Everest Reinsurance Company, 2010 ECA 04 506 0310 ❑ Includes copyrighted material of Insurance Services Office, Inc. used with its permission. INSURED COPY