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IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT,

IN AND FOR LEON COUNTY FLORIDA


B&L SERVICE INC., CAPITAL
TRANSPORTATION, INC., and
JEREMY LYNCH
Plaintiffs,
v.
CASE NO:
FLORIDA DEPARTMENT OF
HIGHWAY SAFETY AND MOTOR
VEHICLES,
Defendant.

COMPLAINT FOR DECLARATORY JUDGMENT AND WRIT OF MANDAMUS

Plaintiffs, B&L Service, Inc. and Capital Transportation, Inc. (herein after "Plaintiff Cab
Companies") and Jeremy Lynch (herein after "Plaintiff Lynch"), file this Complaint seeking a
declaratory judgment pursuant to Section 86.011, Florida Statutes, and a Writ of Mandamus, and
allege:
Jurisdictional Allegations

1.

This is an action for Declaratory Judgment under Chapter 86, Florida Statutes and

for a Writ of Mandamus.


2.

The Plaintiff B&L Service, Inc. is a Florida corporation whose principal place of

business is in Fort Lauderdale, Florida. Plaintiff B&L Service, Inc., operates in Broward County,
Florida and does business under the fictitious name Yellow Cab of Broward County.
3.

The Plaintiff Capital Transportation, Inc., is a Florida Corporation whose principal

place of business is in Tallahassee, Florida. Plaintiff Capital Transportation, Inc., operates in North
Central Florida and does business under the fictitious name Yellow Cab of Tallahassee.

4.

The Plaintiff Jeremy Lynch resides in Leon County, Florida and at all material

times hereto. Plaintiff Lynch is an Uber customer and has been transported by an Uber Driver
during a time when the Uber Drivers did not meet the Florida Financial Responsibility laws as set
forth in Fla. Stat. 324.031, Fla. Stat. 324.032, and other Florida statutes which mention or describe
the liability insurance requirements of mandating the liability requirement. Further, to the extent
that Plaintiff Lynch was transported by an U.ber Driver within the City of Tallahassee after the
adoption of Tallahassee Ordinance No. 15-0-lOAA, (attached hereto as Exhibit A) the Uber
Driver as well as Uber violated such ordinance as stated further below.
5.

The Plaintiff Cab Companies have a legitimate financial interest in determining the

applicability of certain statutes, rules, and regulations, enforced by the Florida Department of
Highway Safety and Motor Vehicles (hereinafter "DHSMV") and in particular, compliance with
Fla. Stat. 324.031 and Fla. Stat. 324.032, the Florida financial responsibility statutes. The Plaintiff
Taxi Companies, as well as other taxi cab companies, have requested that DHSMV provide
clarification with regards to the automobile liability insurance requirements for Uber and Lyft
drivers. DHSMV has refused to provide such clarification. Additionally the Plaintiff Tax
Companies are at a substantial competitive disadvantage in complying with Fla. Stat. 324.031 and
Fla. Stat. 324.032 in that the Plaintiff Taxi Companies are required to pay for commercial
automobile liability insurance in the multiple millions of dollars per year. Thus, the Plaintiff Taxi
Companies have standing to bring this action.
6.

Plaintiff Lynch has a legitimate interest as a consumer of for-hire passenger

vehicles that the owners or operators of such for-hire passenger vehicles comply with the Fla. Stat.
324.031 and Fla. Stat. 324.032. Plaintiff Lynch has been transported by Uber drivers in Florida
that do not have commercial liability automobile insurance as required by Fla. Stat. 324.031 and
Fla. Stat. 324.032. Further, the non-commercial policy of the Uber driver's that transported
2

Plaintiff Lynch did not provide coverage to the vehicle transporting Plaintiff Lynch in that such
drivers' non-commercial insurance policy excluded coverage for accidents occurring while the
Uber driver was transporting Plaintiff Lynch, while Plaintiff Lynch was under the mis belief that
he was in a for-hire passenger transportation vehicle which was properly insured with mandated
limits. Had Plaintiff Lynch been aware that such Uber for-hire passenger transportation vehicle
driven by an Uber Driver was in compliance with Fla. Stat. 324.031 and Fla. Stat. 324.032, and
that the Uber Driver's non-commercial policy would not have provided coverage for Lynch,
Plaintiff Lynch would not have requested and accepted transportation by the Uber Driver. Thus,
Plaintiff Lynch has standing to bring this action.
7.

In particular, the Plaintiff Cab Companies have standing to bring this action as

competitors of Uber and Lyft, who are for-hire passenger vehicle companies. Plaintiff Lynch has
standing to bring this action in that Plaintiff Lynch was transported by Uber drivers at such time
as the Uber drivers did not comply with Fla. Stat. 324.031 and Fla. Stat. 324.032.
8.

The Defendant Florida Department of Highway Safety and Motor Vehicles

(hereinafter "DHSMV") is a state agency charged with the responsibility of ensuring that for-hire
passenger vehicles are properly insured as required under the aforementioned statute.
General Allegations

9.

Florida's financial responsibility law is designed to provide protection for

consumers and the public at large once a vehicle is used in the business of transporting passengers
for hire by the owners or operators of such vehicles. Thus a vehicle which provides passenger
transportation for compensation is a for-hire vehicle as set forth in Fla. Stat. 320.0l(lS)(a), Fla.
Stat. 324.301 and Fla. Stat. 324.032 at all times. The owners or operators of all for-hire vehicles
(including Uber and Lyft drivers) transporting passengers must show proof of financial
responsibility in accordance with Fla. Stat. 324.031 and Fla. Stat. 324.032. In other words, owners
3

or operators of for hire passenger transportation vehicles, including Uber or Lyft drivers, must
show proof that they maintain commercial coverage.
10.

Uber and Lyft utilize drivers who use their personal vehicles as "for-hire vehicles"

are for-hire passenger vehicles as defined under Florida Statutes.


11.

Florida Statutes 320.0l(lS)(a) defines a "for-hire vehicle" as:


"For-hire vehicle" means any motor vehicle, when used for
transporting persons or goods for compensation; let or rented to
another for consideration; offered for rent or hire as a means of
transportation for compensation; advertised in a newspaper or
generally held out as being for rent or hire; used in connection with
a travel bureau; or offered or used to provide transportation for
persons solicited through personal contact or advertised on a "shareexpense" basis. When goods or passengers are transported for
compensation in a motor vehicle outside a municipal corporation of
this state, or when goods are transported in a motor vehicle not
owned by the person owning the goods, such transportation is "for
hire."

12.

Uber and Lyft's business model requires that Drivers own or lease from a third

party the vehicles which the Driver uses to commercially transport passengers as a for-hire vehicle.

Personal insurance coverage contains an exclusion for commercial use of the vehicle thus, Uber
and Lyft drivers cannot establish financial responsibility through a non-commercial liability
policy. Uber does not require its Drivers to obtain commercial liability coverage for the vehicles
which they drive as a for-hire vehicle.
13.

Uber and its subsidiaries carry a surplus lines policy with James River Insurance

Company Policy No. CA436100FL-OO and Endorsement Number 1 (hereinafter "James River
Policy") attached hereto as Exhibit B. The James River Policy is issued by an insurer who is not
a member of Florida Insurance Guaranty Association (hereinafter "FIGA").
14.

Further, the James River Policy does not purport to cover a for-hire passenger

transportation vehicle except during such time that the Driver of the Uber for-hire passenger
transportation vehicle is communicating with the Uber platform and technology via the Driver's
4

cell phone. 1 See pages 27-29 of Exhibit B. Further, pursuant to Endorsement Number 1 of the
James River Policy (pages 52-53 of Exhibit B), when the Uber Driver is not connected to the Uber
platform and technology via the Uber App, the for-hire passenger transportation vehicle being
driven by the Uber Driver is not covered under Uber's James River Policy. Stated otherwise, when
the Uber Driver isn't logged in to the Uber platform and technology via the Uber Driver's cell
phone and waiting for Uber users to request rides, the James River Policy does not insure the Uber
Driver or the "for-hire passenger transportation vehicle."
15.

Florida Statutes 324.031 is drafted to ensure that a for-hire passenger transportation

vehicle is insured at all times with the requisite commercial coverage. Florida Statutes 324.031 by
its clear and unambiguous terms mandates that a for-hire passenger transportation vehicle be
insured at all times. In other words, Florida Statutes 324.031 does not contemplate that a vehicle
may only be an insured for-hire passenger transportation vehicle sometimes, but not at all times.
Additionally, Florida Statutes 324.031 does not contemplate that an owner or operator of a forhire passenger transportation vehicle is an insured owner or operator only when such owner or
operator is providing the for-hire passenger transportation service and connected via the Uber App
to Uber's platform and technology. See Fla. Stat. 324.031. As applied to Uber and its Drivers, the
James River Policy doesn't insure either the Uber Driver or the vehicle when the Driver is not
connected to the Uber Application. Thus, the James River Policy acts to insure only Uber related
activities, which Florida Statutes 324.031 does not permit even with the most strained reading of
the statute.

1
The James River Policy by its terms only begins to insure an Uber Driver at such time as the Uber Driver connects
to the Uber platform and technology via the Uber Driver's cell phone.
2
The James River Policy on page 28 of Exhibit B makes clear that Uber Drivers described as "Rideshare Drivers" in
Section d(3) are covered only when the Rideshare Drivers "have accessed the UberDriver application using a log
in credential issued by a Named Insured to such "Rideshare Driver" for their own use." There is no Florida
Statute dealing with private or commercial automobiles and Florida mandated insurance requirements dealing with
Financial Responsibility that contemplate or authorize the "now you are covered, now you are not" language set
forth in the James River Policy. Lastly the Declaration page of the James River Policy (pages 2-3 of Exhibit B)
indicates that there are no additional insureds other than certain Uber listed subsidiaries.

16.

Further, James River is not a member of the Florida Insurance Guaranty

Association (hereinafter "FIGA"). Thus, even if the James River Policy was otherwise deemed
permissible to provide coverage under Florida Statutes 324.031, James River is still not a member
of FIGA as required by the statute, preventing the Uber Drivers from establishing financial
responsibility through such James River Policy.
17.

Even if such James River Policy, endorsements or amendment thereto purports to

cover Florida domiciled Uber Drivers, the James River Policy still does not comply with Fla. Stat.
324.031 and Fla. Stat. 324.032 for two reasons: (1) the James River Policy, by its terms, purports
to insure a "Rideshare Driver" operating their owned or leased motor vehicle in connection with
the use of the Uber application (Uber App) and does not act to insure the activity that results
between Uber and its Drivers, not to insure the driver as the owner or operator of the for-hire
vehicle; and (2) James River is not a member of FI GA.
18.

Plaintiff Cab Companies are licensed and franchised Taxicab companies in Leon

County, Florida, and Fort Lauderdale, Florida. Plaintiff Cab Companies, as owners of the
taxicabs or through the legal concept of vicarious liability, are required by DHSMV to maintain

insurance by an insurance carrier which is a member of the Florida Insurance Guaranty Association
(hereinafter "FIGA"), and to obtain liability minimums in accordance with the statute. Such
statutory minimums are $125,000 for each occurrence and $250,000 during any policy year.
19.

In point of fact, owners or lessees of vehicles providing for hire transportation using

the Uber dispatch software are not registering their vehicles as a for hire vehicle when they begin
providing transportation to passengers for hire. Consequently, the owners of vehicles providing
such transportation services for compensation are not being required by the DHSMV to provide
proof of commercial automobile liability insurance which complies with the requirements of Fla.
Stat. 324.031 and Fla. Stat. 324.032. Uber has been actively engaged in a scheme to conceal the
6

names of the owners of vehicles providing such for hire transportation to local regulatory
authorities including:
a. Lobbying the City of Tallahassee Commission, the Broward County
Commission and the Palm Beach County Commission to not require a
schedule of either Uber drivers or vehicles.
b. Non-compliance with an Ordinance in Orlando which requires Uber drivers
to register both themselves and their vehicles as for hire operators in the
City.
20.

Uber has been operating m Florida with a surplus lines liability policy with

insurance carrier James River Insurance Company (hereinafter "James River"). James River is not
a member of FIGA. Thus, Uber and its Drivers who rely on the James River Policy to satisfy the
statutory financial responsibility requirements are not in compliance with Fla. Stat. 324.031 and
Fla. Stat. 324.032. Therefore, Uber's drivers are operating illegally within the State of Florida.
21.

Plaintiff Lynch, since June of 2015, has used Uber in Tallahassee, Florida, on

numerous occasions. During this relevant time period, Uber Drivers who are domiciled in Florida
who transported Plaintiff Lynch were not insured by a FIGA member as required by Florida
Statutes3 , and these Drivers did not possess the requisite type and amount of liability insurance as
required by Florida Statutes.
22.

DHSMV has a ministerial and non-discretionary duty and "shall administer and

enforce the provisions of this chapter, and has authority to adopt rules pursuant to" Fla. Stat.
120.536(1) and Fla. Stat. 120.54. See Fla. Stat. 324.042.
23.

The duties of DHSMV to ensure that for-hire vehicles are operating with the

insurance coverage required by Fla. Stat. 324.031 and Fla. Stat. 324.032 are mandatory and non-

3
The James River Policy does not list any additional insureds other than Uber subsidiaries on its Declaration page.
See supra.
7

discretionary. DHSMV's failure to enforce the provisions of the chapter have affected Plaintiff
Lynch by failing to protect Plaintiff Lynch, and the public at large.

COUNT I
DECLARATORY JUDGMENT
Declaratory Judgment Seeking a Ruling as to Whether or Not Uber, Lyft, and
their Drivers are Required to Prove Financial Responsibility as Set Forth in
Fla. Stat. 324.031 and Fla. Stat. 324.032
24.

Plaintiffs restate the allegations in Paragraphs 1 through 23 and incorporates them

into this Count I.


25.

Plaintiffs are in doubt as to whether Fla. Stat. 324.031 and Fla. Stat. 324.032 applies

to for-hire passenger transportation vehicles such as those dispatched using the Uber platform,
including those the Plaintiff Lynch has patroned since approximately June of 2015.
26.

There is a bona fide, actual, present, and practical need for a declaratory judgment.

2'7

There is a present ascertained set of facts, or a present controversy over those facts.

28.

The privileges and rights of the parties are dependent on these facts and the law

applicable to those facts.


29.

A declaratory judgment would not be mere legal advice.

NOW THEREFORE, the Plaintiffs request that this Court enter a declaratory judgment and
all supplemental relief as the Court deems proper and as allowed by law.

COUNT II
PETITION FOR WRIT OF MANDAMUS
30.

Plaintiffs restate the allegations contained in Paragraphs 1 through 23 and

incorporates them into this Count II.


31.

DHSMV is required, pursuant to Florida Statutes 324.042, to ensure that for-hire

passenger transportation vehicles comply with the financial responsibility statutes contained in
8

Fla. Stat. 324.031, and Fla. Stat. 324.032. These acts are ministerial in nature and require no
discretion on the part of the Department.
32.

DHSMV has failed to discharge its mandatory and statutory duties of ensuring that

for-hire passenger transportation vehicles comply with Fla. Stat. 324.031 and Fla. Stat. 324.032.
DHSMV. DHSMV has failed to ensure that for-hire passenger transportation vehicles have
insurance coverage from a carrier who is a member of FIGA. Such duties lie with DHSMV.
NOW WHEREFORE, Plaintiffs request this Court to issue a Writ and Order to Show Cause
commanding DHSMV to perform the following:
a.

Order the Department to show cause why the Writ of Mandamus should not

be issued;
b.

Order the Department to immediately enforce the above cited statutes and

rules and begin ensuring that pursuant to Florida Statutes Chapter 324 that all for-hire
passenger transportation vehicles can prove financial responsibility in accordance with the
Chapter.
Dated this 9th day of September, 2015.
Respectfully Submitted,
The Law Offices of
STEVEN R. ANDREWS, P.A.
822 North Monroe Street
Tallahassee, Florida 32303
(85 681- 16 AX: 681-6984

. ANDREWS (FBN 0104703)


ryan andrewslawoffice.com
STEVEN R. ANDREWS (FBN 0263680)
sandrews@andrewslawoffice.com
BRIANO: FINNERTY (FBN 0094647)
bfinnerty@andrewslawo ffice. com
service@andrewslawoffice.com
Attorneys for Plaintiffs
9

Exhibit A

Page 1 of29
1

Ordinance No. 15-0-lOAA

2
3

AN ORDINANCE OF THE CITY OF TALLAHASSEE,


FLORlDA,
AMENDING
CHAPTER
22
OF
THE
TALLAHASSEE CODE OF GENERAL ORDINANCES;
AMENDING THE PERMITTING AND REGULATION OF
TAXICABS AND TRA.NSPORTATION SERVICES TO
INCLUDE TRANSPORTATION NETWORK APPLICATION
COMPANIES AND OPERATORS; PROVIDING FOR
CONFLICT;
PROVIDING
FOR
SEVERABILITY;
COMMISSION REVIEW; AND PROVIDING AN EFFECTIVE
DATE.

s
6
7

8
9
10
11

12
13

BE IT ENACTED BY THE PEOPLE OF THE CJTY OF TALLAHASSEE,

14

FLORIDA:

15

Section 1. Chapter 22 of the Code of General Ordinances of the City of Tallahassee,

16

Florida, i.s hereby amended and shall read as follows:

17

CHAPTER 22 - VEHICLES FOR HIRE

18

ARTICLE I. -IN

19

Sec. 22-1. ~ Definitions.

GEN1'~RAL

20

The following words, terms and phrases) when used in this Chapter, shall have the

21

meanings ascribed to them in this Section, except where the context clearly indicates a different

22

meaning:

23

24
25

26

27
28

Certified automobile mechanic means an automobile mechanic certified by the National


Association of Certified Mechanics or the National Institute for Automot1ve Service Excellence.

Company means any person, association, corporation or other organization which

operates or intends to engage in the business of operating vehicles for hire or operates as a TNC.
Conviction means the conviction by a court including an adjudication of guilt or a plea of
guilty or no lo contendere or the forfeiture of a bond when charged with a crime.

EXHIBIT

I_~_

Page 2of29

Digital Platform means any online or smartphone enabled application that allows

1
2

passengers to request transportation network vehicle services.

Digital Credential means the permission or access given to a driver to operate on a

3
4

company's digital platform.

Driver means an individual permitted to drive a vehicle for hire.

Fees mean nonrefundable payments required in this Chapter.

Limousine means a specialized vehicle not equipped with a taximeter and for hire only by

prearrangement at a rate charged per hour, or fixed in advance, and provided also that each such

vehicle for hire is: (1) chauffeured; (2) a luxury class passenger vehicle built or modified for the

10

purpose of a limousine as defined and recognized by the limousine industry; and (3) operated on

11

a reserved, hourly basis for a continuous period. A vehicle which is held out to be a limousine or

12

which has an appearance deceptively similar to a limousine 'is a limousine for the purposes of

13

this Chapter.

14

Narcotic drugs, barbituric acid derivatives and central nervous system stimulants. The

15

term 11 narcotic drugs" as used in this Chapter shall mean coca leaves, opium, cannabis,

16

marijuana, isonipecaine and every synthetic substance known to have narcotic action. The term

17

"barbituric acid derivative" means each of the salts and derivatives of barbituric acid, also known

1s

as malonyl urea, and derivatives, compounds, mixtures or preparations thereof. "Barbiturate" or

19

11

20

barbituric acids. The term

21

desocyephedrine, and any derivative, compounds, mixture or preparation thereof.

22
23

barbiturates 11 shall include all hypnotic or somnifacient drugs, whether or not derivatives of
11

central nervous system stimuJants 11 means amphetamine and

Occupational license means the license required of any business operating within the

City by Chapter 18, Article II, Section 18-32.

Page 3 of29

Permit means the authority granted to companies to operate, or persons who qualify to

drive vehicles for hire.

Revocation means the rescinding of a pe.nnit. A person or entity whose permit is revoked

shall not be entitled to reinstatement or an opportunity to reapply for such permit for a period of

two (2) years except as provided in Section 2261(5).

Shuttle bus means a vehicle with a capacity of at least eight (8) persons, including the

driver, that is operated on a fixed route, or owner and operated directly by a motel or hotel and

limited

registered guests thereof.

Suspension means the temporary rescinding of a permit or license, The suspension may

10

to

be

for~

time certain or indefinite pending compliance with the terms of this Chapter.

11

Taxicab means a vehicle for hire with a capacity of not more than eight (8) persons,

12

including the driver, equipped with a taximeter operated under a company and vehicle permit

13

required by this article, which is routed under the direction of the person hfring the vehicle.

14

Taximeter means an instrument or device attached to a vehicle and designed to measure

15

mechanically or electronically the distance traveled by such vehicle, to record the times such

16

vehicle travels or is in waiting, and to indicate the fare to be obtained.

17

Transportation service means a vehicle for hire with a capacity of not more than eight (8)

18

persons, including the driver, which is not equipped \Vith a taximeter, which charges passengers

19

a fare generally based on a flat fee, and does not operate over a fixed or defined route but routed

20

under the direction of the person hiring the vehicle.

21

Transportation Network Application Company ("TNC Company") means any company

22

operating in the City of Tallahassee that uses a digital network or software application to connect

23

a passenger to transportation network services provided by a transportation network operator.

Page 4 of29
1

Transportation Network Operator means any driver or operator who operates a persona[

vehicle that utilizes any digital platform to arrange transportation of a passenger between points

chosen by the passenger and that is in connection with a digital platform controlled by a TNC

Company.

Transportation Network Service means the provision of transportation by a transportation

network operator to a rider, beginning when the transportation network operator accepts a ride

requested through a digital platform controlled by a TNC Company, continuing while the

transportation network operator transports a requesting rider, and ending when the last requesting

rider departs from the personal vehicle.

10

Use of narcotic drugs. The word 11 use 11 as employed in this Chapter in relation to the

11

drugs described in this Chapter shall apply to any person who uses one or more of the narcotic

12

drugs or barbituric acid derivatives or central nervous system stimulants as defined by Section to

13

any extent, with or without medical need or authority or prescription.

14

Vehicle for hire means any vehicle, whether owned by the driver or company, that is

15

operated by a ta.'<icab driver, transportation service driver, transportation network operator, any

16

other motor vehicle with driver transporting passengers for a fare, fee, or other charge in the

17

City. The term vehicle for hire, by definition, excludes:

18

(1)

School, church, college or university buses;

19

(2)

Sightseeing cars and buses;

20

(3)

Ambulances;

21

(4)

Funeral home vehicles;

22

(5)

Interstate buses;

23

(6)

Limousines;

Page 5 of29
l
2

(7)

Shuttle buses.

Sec. 22-2. - Soliciting passengers or baggage at railway, bus station or airport.

Owners or drivers of vehicles for hire) or persons acting for them, shall remain at their

respective vehicles while awaiting passengers or baggage in any railway or bus station or at the

Tallahassee International Airport, and shall conduct themselves in a quiet and orderly manner

while awaiting passengers or baggage. Soliciting passengers is not permitted at the Tallahassee

International Airport.

Sec. 22-3. - Loading at airport; permit required.

A pennit issued pursuant to this Section shall not be construed as a grant by the City for

10

the permit-holder to engage in business upon airport property. No vehicle for hire shall arrange

11

to pick up passengers at the Tallahassee lnternational Airport unless the vehicle for hire has

12.

obtained a current non-tenant business permit and maintain approved City inspection minimums

13

or the vehicle for

14

airport that authorizes all vehicles associated with the company to operate at the airport.

15

Individual airport permits shall obligate the permitted vehicle to adhere to the non-tenant

16

business section of the rules and regulations of the Tallahassee International Airport established

17

in accordance with Ord. No. 99-0-0034, and a blanket permit shall obligate the company and

18

associated drivers to adhere to any applicable ru.les and regulations of the airport. The terms and

19

fee for such permits shall be established pursuant to the rules and regulations, minimum

20

standards, and rates and charges of the Tallahassee International Airport. Failure to comply with

21

the Rules and Regulations of the Tallahassee International Airport may result in restricted access

22

to airport property.

23

ARTICLE II. - COMPANY PERMIT

hire is associated with a company that has executed a blanket pennit with the

Page 6 of 29
l

Sec.

(a)

22~31.

- Application; contents.

No taxicab company, transportation service, or TNC company shall operate or engage in

the business of operating vehicles for hire or operating a TNC within the City without

having first obtained a company permit from the vehicle for hire administrator or

designee. An application shall be submitted on forms furnished by the vehicle for hire

administrator or designee containing appropriate information which is reasonably related

to the business of operating vehicles for hire.

8
9

(b)

In order to secure or renew a company permit, the company applicant shall file an
application with the vehicle for hire administrator or designee, and such application

10

shall be verified under oath and shall furnish the following; infonnation:

11

(1)

The name and address of the company. If the company is a corporation or

12

partnership, the name and address of all officers, shareholders, partners or any

13

principals or owners with an interest greater than five percent (5%) of the

14

company must be listed.

15

(2)

company.

16
17

The color scheme and insignia to be used to designate the vehicles of any taxicab

(3)

No company permit shall be granted to a taxicab company operating less than five

18

(5) vehicles. The vehicles must be currently operating, licensed, and inspected as

19

required by this Chapter. Each vehicle must conform to the United. States

20

Department of Transportation (USDOT) maximum passenger standards allowed

21

for the vehicle to operate.

Page 7 of29
(4)

Proof of proper amount of insurance coverage as provided in Section 22-94, with

the insurance coverage being filed with and approved by the vehicle for hire

administrator.
(5)

(c)

Such other information as the vehicle for hire administrator may require.

Payment of an annual company permit fee based on the number of vehicles operating on

behalf of the company or on the company's digital platform, as follows:

(1)

For companies with one (1) to five (5) drivers, an annual fee of$250.

(2)

For companies with

(3)

For companies with twenty six (26) to seventy five (75) drivers, an annual fee of

six (6) to (25) drivers, an annual fee of $1,000.

$2,500.

10

(4)

11

For companies with seventy six (76) to one hundred fifty (150) drivers, an annual

fee of $7,500.

12
(5)

13

For companies with more than one hundred fifty (150) drivers, an annual fee of
$12,500.

14
15

The fees collected shall be used for the administration and enforcement of the provisions

16

of this Chapter.

17

calculation, timing, and collection of these fees.

18
19

The vehicle for hire administrator shall develop rules for the

Sec. 22-32. ~Maintaining a Company Permit.


(a)

In order to maintain a company permit to operate or engage in the business of operating

20

vehicles for hire or operating a TNC, the company must:

21

( 1)

Z2

Obtain and hold a current business license from the City as required by Chapter

18.

Page 8 of29

(2)

Maintain a telephone number that is monitored twenty four (24) hours a day for

emergency contact by the vehicle for hire administrator or designee or law

enforcement, and an e-mail address for citizen complaints or concerns;

(3)

with the company.

5
6

Maintain the name, home address, and telephone number of each driver affiliated

(4)

Maintain a log listing the year, make, model, license plate number, and vehicle

identification number (serial number) and ownership status of all vehicles in the

company's fleet or that operate on a company's platform.

(5)

Maintain proper amount of insurance as provided in Section 22-94.

10

(6)

Maintain records available for inspection, upon request by the vehicle for hire

11

administrator or designee, pursuant to a complaint received or if the vehicle for

12

hire administrator has a reasonable basis to suspect that a company or driver is

13

violating the requirements of this Chapter. The records shall include, but

14

limited to, records pertaining to permitted/certified drivers, vehicle inspection

15

records, daily logs, and that the maximum rate charged in compliance with

16

Section 22~97. Unless otherwise agreed to by the company and the vehicle for

17

hire administrator, such records shall be made available for inspection by the

18

vehicle for hire administrator at a permit holder's place of business or a

19

mutually agreed location in the City.

20

(7)

not be

Each company shall implement a zero~tolerance policy on the use of drugs or

21

alcohol applicable to all drivers, and provide notice of the policy to all company

22

drivers and to the public through its website, if applicable. In addition, the

23

company shall provide notice to the public on the procedure for reporting a driver

Page 9 of29

the passenger reasonably suspects was under the influence of drugs or alcohol

during the course of the ride. The company shall cooperate with the vehicle for

hire administrator or designee during the pendency of the investigation pursuant

to Section 22-63(b)(3).

(8)

The vehicle for hire administrator is authorized to conduct annual audits of any

company authorized to operate under this Chapter. The company shall provide to

the vehicle for hire administrator, on request, up to two hundred fifty (250)

unique identification numbers, each of which has been assigned to an individual

river affiliated with the company. The vehicle for hire administrator may send

10

to the company a list of up to ten (10) driver identification numbers and request

11

copies of records held by the company for those ten (10) drivers. Within five (5)

12

business days of receiving a request seeking records, the company shall make

13

available to the vehicle for hire administrator at a company's place of business

14

or a mutually agreed setting in the City, records to verify that the company has

15

properly screened drivers in accordance with Section

16

Company may redact any records it provides access to in order to protect the

17

privacy and identifying infonnation of the driver.

18

(b)

22~61;

provided, that the

Taxicab companies must also maintain at least five (5) vehicles for hire which

19

must be operating, licensed and inspected under their companyts name, with such

20

vehicles being currently operating, licensed and inspected as required by this

21

Chapter.

22

Sec. 22-33. - Revocation or suspension of a company permit; gruunds; right of JJppeal.

Page 10 of29

(a)

Revocation or suspension of company permit; grounds. Upon a finding of due cause, as

defined in Subsection (b) of this Section, the vehicle for hire administrator or designee

shall have the authority to revoke or suspend any company pennit which has been

granted or which may hereinafter be granted by the City. Prior to suspension or

revocation, the company shalt be served notice by certified mail or hand delivery of the

proposed action to be taken and shall have an opportunity to present to the vehicle for

hire administrator or designee evidence as to why the company permit should not be

revoked or suspended.

(b)

Causes for revocation or suspension. Due cause for revocation or suspension of a

10

company permit shall include but shall not be limited to the following:

11

(l)

The failure of the company to maintain any of the general qualifications

12

applicable to the initial granting of the company pennit as set forth in Section 22-

13

31 or maintaining a company pennit as set forth in Section 22-32.

14

(2)

Obtaining a company permit by providing false. infonnation;

15

(3)

Conviction by a court of competent jurisdiction of any shareholder, officer,

16

partner, member, principal or owner of any corporation, partnership, firm or

17

association holding a five percent (5%) interest or more in the entity, of any of the

18

following: criminal homicide, rape, sexual battery, aggravated battery, burglary,

19

aggravated assault, kidnaping, robbery, child molestation, lewd and lascivious

20

acts, armed trespassing, carrying a concealed firearm, criminal solicitation to

21

commit any of the above, criminal attempt to commit any of the above, or

22

possession, sale or distribution of narcotic drugs, barbituric acid derivatives

23

and/or central nervous system stimulants if such violation or violations are related

Page 11of29
1

to operation of the company, or violation of any ordinance of the City governing

the conduct of a company.


(4)

Allowing any person to operate a company's designated vehicle for hire, or

operate on the company's digital platform, without an active driver permit or

credential, or when said person's permit or credential has been suspended or

revoked because of a positive drug test pursuant to Section 22-63.

(c)

Right of appeal. Any company whose permit is revoked or suspended by the vehicle for

hire administrator or designee may appeal such decision to the City Manager or designee.

Such appeal shall be taken by filing written notice thereof, in duplicate, with the City

10

Manager's Office within five (5) days after the decision of the vehicle for hire

11

administrator or designee. The notice of the appeal shall contain the grounds for the

12

appeal and shalt contain information that either the finding is contrary to the Jaw or is not

13

supported by competent substantial evidence. The vehicle for hire administrator or

14

designee shall forthwith transmit copies of the appeal to the City Manager or designee

15

along with all papers constituting the record upon which the action appealed from is

16

based. The filing of a notice of appeal will not delay the effectiveness of any suspension

17

or revocation.
~VEHICLE

18

ARTICLE Ill.

FOR HIRE DRIVERS

19

Sec. 22-60. - Prohibition against unauthorized operation.

20

(a)

It shall be unlawful for any person to drive or operate on behalf of a taxicab company,

21

transportation service, or other vehicle for hire for the transportation of passengers within

22

the City, or on a TNC's digital platform, or to cause or permit any other person to drive

23

or operate a vehicle for hire:

Page 12 of29
(1)

hire from the vehicle for hire administrator or designee; or

(2)

Without having been certified to operate a motor vehicle for hire on behalf of a
company or on the company's digital platform.

(3)

When the company permit has previously been revoked pursuant to Section 2233.

Without first obtaining a written permit for the operation of a motor vehicle for

(b)

Any person found to have violated this Section shall be punished by the following:

(1)

A fine $I 50 for the first citation;

(2)

A fine of $250 for the second citation; and

10

(3)

11

Se~.

12

(a)

A fine of $500 for the third or subsequent citation.

22"61. Application for driver's permit.

In order to secure a driver permit or to obtain certification from a company, an applicant

13

must:

14

(1)

Be at least eighteen ( 18) years of age;

15

(2)

Possess a valid state driver1s license;

16

(3)

For a period of three (3) years prior to the date of application not have been

17

convicted of:

18

a.

Driving under the influence of intoxicating beverages or drugs; or

19

b.

Violation of any ordinance or law, other than minor traffic offenses, in


connection with the operation of a motor vehicle.

20
21
22

(4)

For a period of three (3) years prior to the date of application not have more than
three (3) moving violations;

Page 13 of29
(5)

Not have been convicted within the seven (7) years previous to the date of

application for the violation of any of the following criminal offenses of the state

or any other state or of the United States:

aggravated assault, kidnapping, robbery, lewd and lascivious acts, armed

trespassing, carrying a concealed firearm) criminal solicitation to commit any of

the above, criminal attempt to commit any of the offenses listed in this

Subsection, or been convicted within the last seven (7) years of any felony in the

commission of which a motor vehicle was used, perjury or false swearing in

making any statement under oath in connectio.n with application for a driver's

10

permit, any felony involving theft, or possession, sale or distribution of narcotic

11

drugs, barbituric acid derivative and/or central nervous system stimulants.

12

Applicants who have been convicted or served any time 1 probation, or parole for a

13

criminal offense of homicide,

14

their complete criminal history reviewed and approved by the vehicle for hire

15

administrator.
(6)

16
17

18

(b)

rape~ sexual battery, or child molestation

must have

Be able to communicate in the English language.

An applicant may apply for a permit or credential by:

(1)

Completing a form provided by the vehicle for hire administrator establishing


that the applicant meets the requirements of Subsection (a), or;

19
20

aggravated battery, burglary,

(2)

Being certified by the taxicab company, transportation service, or TNC company

21

that the company has conducted a background check and that the applicant meets

22

the requirements of Subsection (a).

Page 14 of :29
1

(c)

Upon approval by the vehicle for hire administrator or designee, or certification by the

taxicab company, transportation service, or TNC company, the driver shall be issued:

(I)

A permit from the vehicle for hire administrator or designee; or

(2)

Credentials from the taxicab company, transportation service, or TNC company,

which may be digital credentials, indicating that the driver was .certified by the

company, and the credential shall include the following information:

a.

The name or logo of the company;

b.

The name of the driver;

c.

The license plate number associated with the vehicle that the driver has
been authorized to use.

10

(3)

11

The driver shall display the permit or credential in a manner that it is visible to the

12

passengers of the vehicle while the vehicle is operating, or make available at a

13

minimum the driver's first name, photograph, and make; model, and license plate

14

number to the passenger through the company's digital platform. The driver

15

shall present the permit or credential upon request to a law enforcement officer,

16

the vehicle for hire administrator or designee, or designated airport personnel

17

upon request. If the driver maintains a digital credential, upon a traffic stop, a

18

driver shall provide law enforcement with access to a device containing the

19

information required to be maintained as part of the driver's digital credential and

20

an electronic record sufficient to establish that the trip in question was

21

prearranged through a digital platform.

22
23

(d)

An applicant must pay a driver application fee of $30. However, any vehicle for hire
company may elect to pay a flat fee of $7,500 annually, which shall serve as a fee in lieu

Page 15 of29
l

of the driver application fee collected for all driver applicants applying to operate a

vehicle for hire on behalf of, or in connection with, the company for that year.

Sec. 22-62. - Maintaining driver's permit.

In order to maintain a valid permit or credential to drive a taxicab, transportation service,

or other vehicle for hire, a driver must:

( 1)

Wear proper dress while operating a vehicle for hire.

(2)

Maintain a neat appearance.

(3)

Not smoke while carrying passengers.

(4)

Maintain a log upon which are recorded all trips made each day, showing time

10

and place of origin and destination of each trip and amount of fare. Such logs

11

must be maintained by the company or the vehicle owner, if not maintained by the

12

driver, and shall be made available to the vehicle for hire administrator or

13

designee for a compliance inquiry if the administrator has a reasonable basis to

14

suspect that a company or driver is violating the requirements of this Chapter.


(5)

15

Renew his driver's permit or credential during the month of the driver's permit or

credential expiration date.

16
(6)

17

Wear a seatbelt at all times while operating a vehicle for hire or providing
transportation network services.

18

19

Sec. 22-63.

20

(a)

~Revocation

or suspension of driver's permits; grounds; right of appeal.

Revocation or suspension of driver's permits or credential. Upon a finding of due cause,

21

as defined in Subsection (b) of this Section, the vehicfo for hire administrator or

22

designee shaH have the authority to revoke or suspend any driver's permit or credential

23

which has been issued or which may herefoafter be issued by the City. Before a driver 1s

Page 16of29

pennit or credential shall be denied, suspended or revoked) notice of intention thereof

shaH be served upon the driver either by registered mail or personal service; however,

such notice shall not be necessary for a denial of an original permit or credential.

However, any such applicant or driver shall be given an opportunity to be heard by the

vehicle for hire administrator or designee.

(b)

Causes for revocation or suspension. Due cause for revocation or suspension of a driver's

permit or credential shall include but shall not be limited to the following:

(1)

The failure of the driver to maintain any and all of the general qualifications a

applicable to the initial issuance of a permit as set forth in Section 22-61

10

(2)

Obtaining a permit or credential by providing false information;

11

(3)

Violation by a driver of any of the following offenses:

12

a.

Driving under the influence of intoxicating beverages or drugs. A driver

13

shall be required to submit to a drug and/or alcohol test at the request of

14

the vehicle for hire administrator or designee:

15

1.

or misusing prescription drugs or controlled substances; or

16
17

Where reasonable suspicion exists that a driver is abusing alcohol

2.

Where a driver has been involved in a crash with serious injury or

18

serious property danmge while operating a vehicle for hire or

19

providing transportation network services. "Serious injury" is

20

defined as a physical condition that creates a substantial risk of

21

death, serious personal disfigurement, or protracted loss or

22

impairment of the function of any bodily member or organ.

23

"Serious property drunage 11 is defined as one or more of the motor

Page 17of29
1

vehicles involved in the crash is 11 totaled", or one or more of the

vehicles sustains significant disabling damage to public and/or

private property which equals or exceeds an apparent damage of

$5,000.00 or more as estimated by the law enforcement officer

who conducts the investigation at the scene of the traffic crash; or

b.

Refusing or failing to submit to a drug test at the request of the

vehicle for hire administrator or designee sha11 be due cause for

revocation of the dfrvert.s permit or credential with no reapplication

for one year. Failing a drug or alcohol test shall be due cause for

10

revocation of the driver's permit or credential with no reapplication

11

for one (l) year.

c.

12

Criminal homicide,

rape, sexual battery, aggravated battery,

13

burglary,

14

molestation, iewd and lascivious acts, armed trespassing, carrying

15

a concealed :firearm, criminal solicitation to commit any of the

16

above, criminaf attempt to commit any of the above) or possession,

17

sale or distribution of narcotic drugs, barbituric acid derivatives

18

and/or central nervous system stimufantsi violation of any

19

ordinance of the City governing the conduct of drivers of a vehicle

20

for hire.

21
22

(4)

aggravated

assault,

kidnaping,

robbery,

cbild

Charging a fare contrary to these fares established and approved by the City
Commission pursuant to Section 22-97

Page 18 of29

(5)

Violation of any ordinances or law, other than minor traffic offenses, in

connection with the operation of a taxicab, transportation service, TNC company,

or other vehicle for hire;


(6).

Whenever it shall appear that a driver has disorders characterized by lapses of

consciousness or other mental or physical disabilities affecting his or her ability to

drive safely;
(7)

F.S. 322.27(3)d.

(8)

10

Accumulating nine or more points within a six (6) month period as outlined in

Violating the requirements of Section 22-98.

Secs. 22-64 Duration of Driver Permit.

Each driver permit or credential issued pursuant to Section 22-61 above shall be valid for

11
12

two (2) years from the date of issuance.

13

ARTICLE IV. - VEHICLES FOR HIRE

14

Sec. 22-91.

15

(a)

16

~Identifying

signs, monogra.ms a.nd insignias.

Taxicabs.
(1)

Each taxicab shall be readily identifiable as a taxicab and shall bear on the outside

17

of each rear or front door, in letters not less than three inches (3") in height, the

18

name of the person or corporation to whom the franchise is issued. Each such

19

taxicab shall also be numbered consecutively, with such numbers being placed

20

conspicuously on <.lach vehicle, with such numerals being not less than four and

21

one-half inches (4.5") nor more than six inches (6i') in height.

22

23

(2)

Each company shall have all of its taxicabs painted a uniform color to be chosen
by the company and approved by the vehicle for hire administrator or designee.

Page 19 of29

The taxicabs shall be kept in such condition so that the appearance of such

taxicabs substantiaHy conforms to the approved color.

(b)

Transportation services.
(l)

Each vehicle operated by a transportation service shall be readily identifiable as a

transportation service and shall bear on the outside of each rear or front door, in

letters not less than three inches (3") in height, the name of the person or

corporation to whom the vehicle is owned or operated by.


(2)

"taxi 11 or 11 cab" or otherwise gives the impression that it is a taxicab.

10
11

No transportation service shall have any insignia or sign that identifies itself as a

(c)

Transportation Network Application (TNC) Company/Transportation Network Operator.

(1)

Each vehicle operated by a TNC company or transportation network operator

12

shall bear on the outside of each rear or front door, in letters not less than three

13

inches {3 ") in height, the name of the person or corporation to whom the vehicle

14

fa owned or operated by, or any symbol or insignia approved by the vehicle for

15

hire administrator.

16

(2)

No transportation network operator vehicle shall have any insignia or sign that

17

identifies itself as a 11 taxi 11 or "cab" or otherwise gives the impression that it is a

18

taxicab, or otherwise give the impression that the operator is available to solicit

19

passengers other than through the digital platfonn.

20

(3)

No transportation network operator vehicle shall place any type or form of light

21

device or other device on the roof, commonly known as a top light or top hat,

22

whether or not pennanently or temporarily affixed to the vehicle, or have within

23

the interior of the vehicle.

Page 20 of29

Sec. 22-92. Taximeter.

(a)

AH taxicabs operated under the authority of this Chapter shaH he equipped with

taximeters fastened in a manner so that the face thereof shall be visible and readable to

passengers at all times both day and night. The face of the taximeter shall be set so that it

will register and compute on a mileage basis while such taxicab is moving and on a time

basis while such taxicab is standing and while the service is being rendered the fare to be

charged. Such taximeter shall be operated mechanically by a mechanism of standard

design and construction. driven either from the transmission or from one of the front

wheels by a flexible and permanently attached driving mechanism.

10

(b)

taximeter,

11

12

No vehicle for hire other than a taxicab is authorized to install or be equipped with a

Sec. 22-93. Scanning prohibited.

13

No vehicle for hire operating under this Chapter shall contain, use and operate installed

14

scanners or other portable radio devices to monitor communications of frequencies other than

15

that assigned a company.

16

Sec. 22-94. Liability insurance required.

17

(a)

No vehicle for hire shall be placed in service unless such vehicle is in compliance with

18

Florida law for liability insurance purposes. Proof of such insurance coverage, which may

19

be provided on a blanket basis, shall be filed annually with and approved by the vehicle

20

for hire administrator or designee for the carriage of passengers.

21
22
23

Sec. 22-95. Seat belts required.

AU vehicles for hire covered by this Chapter shall be equipped with operational seat
belts for each passenger.

Page 21 of29

Sec. 22-96. - Inspection.

(a)

inspected annua!Iy.

3
4

In addition to all other vehicle inspections required by law, each vehicle for hire shall be

(b)

All inspections shall be conducted by a certified automobile mechanic. The vehicle for

hire administrator or designee shall approve inspection forms to be completed by the

mechanic.

(l)

All vehicles for hire passing the annual inspection shaH have affixed to the upper

left corner of the rear window an inspection sticker or maintain proof of

inspection in their vehiclei which shall be provi.ded upon request to the vehicle

for hire administrator or designee.

10

(2)

11

Each vehicle for hire shall be inspected during the month of the inspection

12

sticker1s or inspection form's expiration date. Failure to have a vehicle for hire

13

inspected or ve.rify that a vehicle has been inspected, will be grounds for the

14

revocation of the permit of the driver or operator.

15

Sec. 22-97. Authority of City Commission to establish rates and charges; displaying rate

16

cards; schedule of maximum rates established.

17

(a)

18

Taxicabs.
(1)

The City Commission, upon recommendation of the City Manager, may by

19

ordinance establish maximum rates and charges for the transportation of persons

20

and their baggage within the corporate limits of the City and suburban territory

21

adjacent thereto. The City Commission shall establish such rates and charges only

22

after a public hearing on the proposed rates and charges as recommended by the

23

City Manager has been held by the City Commission. Before any ordinance

Page 22 of29
1

putting into effect any rates or charges shall be passed by the City Commission

and after the ordinance is proposed by the City Manager, such proposed rates or

charges shall be published once a week for two (2) consecutive weeks, the first

publication of which shall be at least fifteen (15) days before the public hearing

required in this Section in a newspaper regularly published and in general

circulation in the City; and contemporaneously therewith, and as a part of such

public notice, the City

such proposed rates and charges and the time and place of such hearing, at which

time any and all persons desiring to present any matters for or against such

10

proposed rates or charges for the consideration of the City Commission may be

11

heard. The City Commission at the time and place named in such notice shall hear

12

any and all persons affected by such proposed rates or charges who may

13

demonstrate a desire to be heard at such meeting. Any such hearing may be

14

continued from time to time if in the opinion of the City Commission such

15

continuance or continuances are justified. If~ after such hearing, such proposed

16

rates or charges in the opinion of the majority of the City Commission require a

17

change or changes before their establishment, they may be changed at such

18

meeting without further notice, advertisement, or hearing. Any ordinance

19

establishing rates as provided by this Section shall become effective twenty four

20

(24) hours after its adoption.

21

(2)

Treasurer~Clerk

shall give notice of a public hearing on

Every taxicab operating under this Chapter shall have rate cards setting forth the

22

approved rates of fare, displayed visibly from the outside of the vehicle on the

23

passenger side and on the inside of the right rear window at the eye level of a

Page 23 of29

seated passenger. All rate cards shall set forth the rates of fare according to the

City approved format for rate cards and give notice to customer of the largest

dollar bill taxicab driver will change. Rate cards shaH measure a minimum of

seven inches by nine inches (7"x9"') in dimension with a minimum size lettering

of one-half inch (.5t1).

(3)

There is hereby established a schedule of the maximum rates which can be

charged by all taxicab drivers operating taxicabs within the City. A taximeter may

be set so that it will register and compute on a mileage or other basis at less than

the maximum rates set forth in this Section. Such maximum schedule of rates

10

shaB be subject to review and change by the City Commission at any time. Such

11

schedule of maximum rates is as follows

12

a,

All rates based on time and/or mileage.

13

For the flrst onefifth mile (115) or fraction the.reef ..... $2.50

14

For each additional onewfifth (1/5) or fraction thereof ..... 0.50

15

Clock ($0.50 per seventy two (72) seconds) ..... 25.00

16

Where more than one passenger is received from the same point and

17

transported to the same destination, there

18

additional passenger.

19

Where more than one party is received at the same point of origin and

20

transported to different destinations, the first departing customer will pay

21

meter fare; meter is then restarted and second passenger will pay meter

2Z

fare to destination, and so on. There shalJ not be any additional charge

23

placed on a handicapped person or for any handicap apparatus.

wm

be no charge for each

Page 24 of29
1

Drivers are not required to provide change for any bill larger than a $20.00

bill.
b.

Luggage. There

will be no charge per footlocker, truck, or piece of

oversized luggage.

c.

Operation outside City limits. Fares may be negotiated in areas outside the
City limits and suburban territory adjacent thereto.

d.

Airport operation. Passengers traveling between Tallahassee [ntemational

wm be charged a flat rate of $20,00, (Refer to map

Airport and downto\\n

of designated downtown area on file with the Treasurer..Clerk of the City.)

10

There will be no additional charge for passengers traveling to the same

11

destination. In the event of more than one passenger; said charge will be

12

divided equally among passengers.

13

14

(b)

Transportation Service
(l)

No transportation service may charge a fare for the transportation of persons and

15

their baggage within the corporate limits of the City and suburban territory

16

adjacent thereto that is less than the calculated maximum rate as established by

17

the Commission for taxicabs based on mileage of $2.50 for the first one.fifth (l/5)

18

mile or fraction thereof and $0.50 for each additional one-fifth (1/5) or fraction

19

thereof or in excess of two hundred fifty percent (250%) of the calculated

20

maximum rate as established by the commission for taxicabs based on mileage of

21

$2.50 for the first one-fifth mile (115) or fraction thereof and $0.50 for each

22

additional one-fifth (1/5) or fraction thereof.

Page 25 of29
a.

All fares as agreed to between any transportation service operator and any

passenger must be agreed upon prior to leaving the point of origin. No

transportation service operator may increase the agreed upon fare after

leaving the point of origin.

b.

No transportation service shall be authorized to charge for wait time, or to


charge any other rates or fees except for mileage.

c.

Every transportation service vehicle shall have cards displayed visibly

from the outside of the vehicle on the passenger side and on the inside of

the right rear window at the eye level of a seated passenger that state the
following: "RATE OF TRANSPORT IS BY FLAT FEE ONLY 11

10
11

(c)

Transportation Network Application (TNC) Company or Transportation Network

12

Operator.

13

(1)

All TNC companies shall disclose the fare calculation method, the applicable

14

rates being charged, and the option for an estimated fare to a passenger before the

15

passenger arranges or books a trip with the transportation network application

16

company or transportation network operator.


(2)

17

Upon completion of the trip, a TNC company shall transmit an electronic receipt

18

to the passenger's e-mail or mobile application that lists the: origin and

19

destination of the trip; the total time and distance of the trip; and a breakdown of

20

the total fare paid, if any.

21

(d)

All vehicles for hire shall be authorized to charge a fee of no more than $50.00 if a

22

passenger expels any bodily fluids including, but not limited to urine, blood, or vomit,

23

while riding as a passenger in the vehicle for hire requiring the vehicle for hire to be

Page 26of29
1

cleaned and/or sanitized for future operation; provided that, a vehicle for hire may charge

a higher fee if authorized by the passenger.

Sec. 22-98. - MisceUaneous regulations and other penalties.

(a)

It shall be unlawful for any driver or operator of a vehicle for hire to drive or operate or

be on duty or on call for the operation of a vehicle for hire for more than twelve (12)

hours within any twenty four (24) hour period.

(b)

Upon discovery of any personal property left by a passenger, a driver shall deposit such

property with the vehicle for hire administrator, or store the property at the local

company office.

10

(c)

authorized or directed by the passenger.

11

12

(d)

No driver shall refuse to accept a passenger unless the passenger is obviously disorderly,
dangerous, or otherwjse a threat to the safety or welfare of the driver.

13
14

A driver shall take the most direct route to a passengds destination unless otheiwise

(e)

It shall be unlawful for the driver operating in the City to pennit any person to

15

accompany or use such vehicle for hire for the purpose of prostitution, or to direct, take

16

or transport any other person with knowledge or reasonable cause to believe that the

17

purpose of such directing, taking or transporting is for the purpose of prostitution.

18

(f)

paying passenger or passengers except for the purpose of driver training.

19
20
21

No vehicle for hire shall be pennitted to carry nonpaying passengers while transporting a

(g)

No vehicle for hire shall solicit or carry a paying passenger while in the process of
carrying another paying passenger except when requested to do so by the latter passenger.

Page 27 of29

(h)

Transportation network operators shall exclusively accept passengers booked through a

transportation network company's digital platform, and shall not solicit or accept street-

hails.

(i)

No TNC company may provide personal information about a passenger to a

transportation network operator, including a passenger's full name, e-mail address, or

telephone number.

Sec. 22-99. - Overall service required; Anti-Discrimination.

(a)

All persons engaged in the taxicab, transportation service, 1NC company, or other

vehicle for hire business in the City operating under the provisions of this Chapter shall

10

render an overall service to the public desiring to use vehicles for hire. A company or

11

transportation service) which shall refuse to accept a call anywhere within the corporate

12

limits of the City at any time when such holder has available vehicles, or who shall fa{[ or

13

refuse to give overall service, shall be considered in violation of this Chapter; and the

14

permit granted to such company may be revoked by the vehicle for hire administrator or

15

designee in accordance with the provisions of Section 22-34. A 1NC company must

16

ensure that the digital platform from which riders request trips from transportation

17

network operators is accessible to all parts of the City.

18

(b)

It is unlawful for a driver or operator of a vehicle for hire to refuse any request for service

19

from any passenger or person based on that person's race, color, religion, national origin,

20

marital status, age, sex, sexual orientation, gender identity, or handicap, unless the driver

21

or operator can show a reason for refusal for service unrelated to the status of the person

22

refused service.

Page 28 of29
1
2

(c)

It is unlawful for any driver or operator of a vehicle for hire to charge additional fees to

provide services for passengers or persons with disabilities.

Sec. 22-101.

~Exemptions

for vehicles regulated by Interstate Commerce Commission.

The provisions of this Chapter shall not apply to any vehicle or the operator thereof when

engaged in operations under and by virtue of any certificate or permit from the Interstate

Commerce Commission of the United States when a permit, license or certificate is required for

such operation by that regulatory commission.

Sec. 22-102 . Enforcement.

The City Police Department, the vehicle for hire administrator, or aviation director or

10

designees shall be authorized to enforce the regulations contained in this Chapter, including the

11

promulgation of rules consistent with this Chapter and the setting and collecting of fees.

12

Section 2. Conflict with Other Ordinances and Codes.

13

All ordinances or parts of ordinances of the City of Tallahassee, Florida, in conflict with

14

the provisions of this ordinance are hereby repealed to the extent of such conflict.

15

Section 3. - Severability.

16

If any provision or portion of this ordinance is declared by any court of competent

17

jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and

18

portions of this ordinance shall remain in full force and effect.

19

Section 4. - Commission review.

20

The City Manager shall schedule this ordinance for review by the City Commission prior

21

to December 31, 2016.

22

Section 5. - Effective date. This ordinance shall take effect on August 15, 2015.

23
24

INTRODUCED to the City Commission on the

.JLt:.y

of June, 2015.

Page 29 of29
PASSED by the City Commission on the_jtf_day of _ _J_(..A.i_l__,____, 2015.

1
2
3
4
5
6
7
8
9

CITY OF TALLAHASSEE

dr-~-;1- ~._:0_~"il-um
l"'..'.{)2Q_
. .. ~-~-----=--::---,.,,

By:__,,l).,...A&-n
.....

Mayor

10
11

12

ATIEST:

13
14
15
16

By: '~

17
18

.{;:/

APPROVED AS TO FORM

"'

;,'/1;1

James 0, Cooke, IV
City Treasurer-Clerk

Lewis E. Shelley
City Attorney

Exhibit B

This insurance is issued pursuant to the Florida Surplus Lines Laws. Persons
insured by the Surplus Lines Carriers do not have the protection of the
Florida Insurance Guaranty Act to the extent of any right of the recovery
for the obligation of an insolvent unlicensed insurer.
SURPLUS LINES INSURERS~ POLICY RATES AND FORMS ARE NOT
APPROVED BY ANY FLORIDA REGULATORY AGENCY.

SURPLUS LINES AGENT: MarciaWhismanLIC.#


P134922
SURPLUS LINES LICENSEE ADDRESS: 7710 W Camino Real
Centre, Ste. 201, Boca Raton, FL 33433
Marsh USA Inc
PRODAGT:
99 High Stroot
ADDRESS:
CITY, STATE:
Boston, MA 02110

EXHIBIT

ts

James River Policy - 01

BUSINESS AUTO DECLARATIONS


~.
JAMES RIVER INSURANCE COMPANY

JAMES
RIVER
INSURANCE

6641 WEST BROAD STREET


SUITE 300
RICHMOND, VA 23230

Policy Number: CA436100FL-OO

ITEM ONE
Rasier LLC, Rasier-CA LLC,
Rasier-DC LLC. and
Named Insured: Rasier-PA LLC
Polic Period:

From: 12/21/2014
To:
03/01/2016
Form Of Business:
Corporation
Partnership

Mailing
Address:

1455 Market Street, 4 h Floor


San Francisco, CA 94103

At 12:01 AM Standard Time at your mailing address shown above

D
D

0 Limited Liability Company


D Other:

1--"-~~~~~~~~~~~~~~~

D Individual

-~~~~~~~~~~~~~~~~~~~--!

Premium shown is payable at


inception:
Audit Period (If Applicable):

D Annually D Semiannually D Quarterly W Monthly

IN RETURN FOR THE PAYMENT OF THE PREMIUM, IN RELIANCE UPON THE STATEMENTS IN
THE APPLICATION($) ANO SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH
YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY.
ITEM TWO
Schedule of Coverages and Covered Autos
This policy provides only those coverages where a charge is shown in the premium column below. Each of these
coverages will apply only to those "autos" shown as covered "autos". "Autos" are shown as covered "autos" for a
particular coverage by the entry of one or more of the symbols from the Covered Autos Section of the Business Auto
Coverage Form next to the name of the coverage.

Personal Injury
Protection
(Or Equivalent
No-fault Coverage)
Uninsured Motorists (UM)
Underlnsured Motorists (UIM)

Not Covered

10
10

(When Not Included In UM Coverage)

Not Covered
Physical Damage
Comprehensive Coverage

Physical Damage Specified


Causes of Loss
Coverage

Not Covered

Separately Stated In Each


Personal Injury Protection
Endorsement

$ Not Covered

$ 1,000,000

$Included

$ 1,000,000

$Included

Actual Cash Value or Cost of


Repair, Whichever Is Less, Minus
$
Deductible
For Each Covered Auto, But No
Deductible Applies to Loss
Caused By Fire or Lightning
Actual Cash Value or Cost of
Repair, Whichever is Less, Minus
$
Deductible
For Each Covered Auto, for Loss
Caused By Mischief or Vandalism

JA2003US 12-14

$ Not Covered

$ Not Covered

Page 1 of 2
James River Policy - 02

Physical Damage Collision


Coverage

Not Covered

Actual Cash Value or Cost of


Repair, Whichever Is Less, Minus

Deductible

$ Not Covered

For Each Covered Auto

None
Premium From Endorsements
Estimated Total Premium
Company Fee

Surplus Lines Tax


Stamping Office Tax
Citizens Assessment Fee
Hurricane Cat Fund
Total Premium

ENDORSEMENTS
Ei\JDORSEMENTS ATTACHED TO THIS POLICY:
See attached schedule A - Schedule of Forms

THESE DECLARATIONS, TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE FORM(S)
AND ANY ENDORSEMENT(S), COMPLETE THE ABOVE NUMBERED POLICY.

JA2003US 12-14

Page 2 of 2
James River Policy - 03

SCHEDULE A Revised 1/7/2015


FORMS AND ENDORSEMENTS THAT APPLY TO THIS POLICY:

POLICY NO.
FORM NUMBER
Mandatorv Forms
JA2003US 12-14
JA0001US 09-12
CA 00 01 03-06
JA5401US 03-13
JA5404US 10-14
IL 00 21 09-08
CA 23 84 10-13

CA436100FL-OO
TITLE
Business Auto Declarations
Business Auto - Schedule A
Business Auto Coverage Form
Common Policy Conditions
Premium Audit Conditions
Nuclear Energy Liability Exclusion
Exclusion - Terrorism

ISO Forms
CA9954 10 13 Covered Auto Designation Symbol
CA2172 10 09 Florida Uninsured Motorists Coverage Nonstacked
CA2117 09 14 Puerto Rico l,Jninsured Motorists Coverage
CA3123 10 13 US Virgin islands Uninsured Motorists Coverage
Limits, Premiums, Deductibles
Additional Interests & Waiver of Subrogation
JA5201US 10-14 Additional Insured Endorsement- Uber
JA5206US 12-14 Additional Insured - Government Entities
Limitations
JA5307US 12-14 Limitation of Coverage to State - Rides Originating
Exclusions
JA5608US 12-14 Exclusion of Liability- Other Rideshare Policies Issued by James River
Insurance Company or James River Casualty Company

State Mandatorv Forms


AP1014US 10-05 Florida Changes-Cancellation and Nonrenewal
CA012S 03 09 Florida Changes
CA0114 09 14 Puerto Rico Changes

Other Forms
JA5309US 12-14 Transportation Network Company, Transportation Network Partner,
Rideshare Driver Endorsement
Endorsement 1 -Adding JA5701US 01-15 Definition of Ube rd river Application

JAOOOl US 09-12

Page 1 of 1
James River Policy - 04

COMMERCIAL AUTO
CA 00 010306

BUSINESS AUTO COVERAGE FORM


Various provisions in this policy restrict coverage
Read the entire policy carefully to determine rights,
duties and what is and 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 V Definitions.

Item Two of the Declarations shows the "autos" that


are covered "autos" for each of your coverages. The
following numerical symbols describe the "autos" that
may be covered "autos". The symbols entered next to
a coverage on the Declarations designate the only
"autos" that are covered "autos".
A. Description Of Covered Auto Designation
Symbols

Description Of Covered Auto Designation Symbols

Symbol

1
2

SECTION I - COVERED AUTOS

Any "Auto"
Owned "Autos"
Only

Only those "autos" you own (and for Liability Coverage any "trailers" you don't own
while attached to power units yow own). This includes those "autos" you acquire
ownership of after the policy beains.

Owned Private
Passenger
"Autos" Onlv

Only the private passenger "autos'' you own. This includes those private passenger
"autos" you acquire ownership of after the policy begins.

Owned "Autos"
Other Than Private Passenger
",l\utos" On!v

Only those "autos" you own that are not of the private passenger type (and for Liability Coverage any "trailers" you don't own while attached to power units you
own). This includes those "autos" not of the private passenger type you acquire
ownership of after the policy beains.

Owned "Autos"
Subject To NoFault

Only those "autos" you own that are required to have No-Fault benefits in the state
where they are licensed or principally garaged. This includes those "autos" you acquire ownership of after the policy begins provided they are required to have NoFault benefits in the state where they are licensed or principally garaaed.

Owned "Autos" Only those "autos" you own that because of the law in the state where they are Iicensed or principally garaged are required to have and cannot reject Uninsured
Subject To A
Compulsory Un- Motorists Coverage. This includes those "autos" you acquire ownership of after the
policy begins provided they are subject to the same state uninsured motorists reinsured Motorquirement.
ists Law
Specifically De- Only those "autos" described in Item Three of the Declarations for which a prescribed "Autos" mium charge is shown (and for Liability Coverage any "trailers" you don't own while
attached to anv power unit described in Item Three).

Hired "Autos"
Only

Only those "autos" you lease, hire, rent or borrow. This does not include any "auto"
you lease, hire, rent, or borrow from any of your "employees", partners (if you are a
partnership), members (if you are a limited liability company) or members of their
households.

Nonowned
"Autos" Only

Only those "autos" you do not own, lease, hire, rent or borrow that are used in connection with your business. This includes "autos" owned by your "employees", partners (if you are a partnership), members (if you are a limited liability company), or
members of their households but only while used in your business or your personal
affairs.

CA 00 010306

ISO Properties, Inc., 2005

Page 1of12
James River Policy - 05

19

Mobile Equipment Subject To


Compulsory Or
Financial Responsibility Or
Other Motor Vehicle Insurance
Law Onlv

Only those "autos" that are land vehicles and that would qualify under the definition
of "mobile equipment" under this policy if they were not subject to a compulsory or
financial responsibility law or other motor vehicle insurance law where they are licensed or principally garaged.

B. Owned Autos You Acquire After The Policy


Begins

1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered


next to a coverage in Item Two of the Declarations, then you have coverage for "autos" that
you acquire of the type described for the remainder of the policy period.
2. But, if Symbol 7 is entered next to a coverage
in Item Two of the Declarations, an "auto" you
acquire will be a covered "auto" for that coverage only if:
a. We already cover all "autos" that you own
for that coverage or it replaces an "auto"
you previously owned that had that coverage; and
b. You tell us within 30 days after you acquire
it that you want us to cover it for that coverage.
C. Certain Trailers, Mobile Equipment And
Temporary Substitute Autos

If Liability Coverage is provided by this Coverage


Form, the following types of vehicles are also covered "autos" for Liability Coverage:
1. ''Trailers" with a load capacity of 2,000 pounds
or less designed primarily for travel on public
roads.

2. "Mobile equipment" while being carried or


towed by a covered "auto".
3. Any "auto" you do not own while used with the
permission of its owner as a temporary substitute for a covered "auto" you own that is out of
service because of its:
a. Breakdown;
b. Repair,
c. Servicing;
d. "Loss"; or
e. Destruction.

Page 2of12

SECTION II-LIABILITY COVERAGE


A. Coverage

We will pay all sums an "insured" legally must pay


as damages because of "bodily injury" or "property
damage" to which this insurance applies, caused
by an "accident" and resulting from the ownership,
maintenance or use of a covered "auto".
We will also pay all sums an "insured" legally must
pay as a "covered pollution cost or expense" to
which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of covered "autos". However, we will
only pay for the "covered pollution cost or expense" if there is either "bodily injury" or "property
damage" to which this insurance applies that is
caused by the same "accident".
We have the right and duty to defend any "insured"
against a "suit" asking for such damages or a
"covered pollution cost or expense". However, we
have no duty to defend any "insured" against a
"suit" seeking damages for "bodily injury" or "property damage" or a "covered pollution cost or expense" to which this insurance does not apply. We
may investigate and settle any claim or "suit" as we
consider appropriate. Our duty to defend or settle
ends when the Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements.
1. Who Is An Insured
The following are "insureds":
a. You for any covered "auto".
b. Anyone else while using with your permission a covered "auto" you own, hire or borrow except:
(1) The owner or anyone else from whom
you hire or borrow a covered "auto". This
exception does not apply if the covered
"auto" is a ~railer" connected to a covered "auto" you own.

ISO Properties, Inc., 2005

CA 00 010306
James River Policy - 06

CJ

(2) Your "employee" if the covered "auto" is


owned by that "employee" or a member
of his or her household.
(3) Someone using a covered "auto" while
he or she is working in a business of
selling, servicing, repairing, parking or
storing "autos" unless that business is
yours.
(4) Anyone other than your "employees",

partners (1f you are a partnership),


members (if you are a limited liability
company), or a lessee or borrower or
any of their "employees", while moving
property to or from a covered "auto".
(5) A partner (if you are a partnership), or a
member (if you are a limited liability
company) for a covered "auto" owned by
him or her or a member of his or her
household.

c. Anyone liable for the conduct of an "insured" described above but only to the extent of that liability.
2. Coverage Extensions
a. Supplementary Payments

We will pay for the "insured":


(1) All expenses we incur.
(2) Up to $2, 000 for cost of bail bonds (in-

cluding bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds.
(3) The cost of bonds to release attachments in any "suit" against the "insured"
we defend, but only for bond amounts
within our Limit of Insurance.
(4) All reasonable expenses incurred by the

"insured" at our request, including actual


loss of earnings up to $250 a day because of time off from work.
(5) All costs taxed against the "insured" in
any "suit" against the "insured" we defend.
(6) All interest on the full amount of any
judgment that accrues after entry of the
judgment in any "suit" against the "insured" we defend, but our duty to pay interest ends when we have paid, offered
to pay or deposited in court the part of
the judgment that is within our Limit of
Insurance.
These payments will not reduce the Limit of
Insurance.

CA 00 010306

b. Out-Of-State Coverage Extensions

While a covered "auto" is away from the


state where it is licensed we will:
(1) Increase the Limit of Insurance for Liability Coverage to meet the limits specified by a compulsory or financial responsibility law of the jurisdiction where
the covered "auto" is being used. This
extension does not apply to the limit or
limits specified by any law governing
motor carriers of passengers or property.
(2) Provide the minimum amounts and
types of other coverages, such as nofault, required of out-of-state vehicles by
the jurisdiction where the covered "auto"
is being used.
We will not pay anyone more than once for
the same elements of loss because of
these extensions.
B. Exclusions

This insurance does not apply to any of the following:


1. Expected Or Intended Injury
"Bodily injury" or "property damage" expected
or intended from the standpoint of the "insured".
2. Contractual

Liability assumed under any contract or agree-


ment.
But this exclusion does not apply to liability for
damages:
a. Assumed in a contract or agreement that is
an "insured contract" provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or
agreement; or
b. That the "insured" would have in the absence of the contract or agreement.
3. Workers' Compensation

Any obligation for which the "insured" or the


"insured's" insurer may be held liable under any
workers' compensation, disability benefits or
unemployment compensation law or any similar
law.
4. Employee Indemnification And Employer's
Liability

"Bodily injury" to:

a. An ''employee" of the "insured" arising out of


and in the course of:
(1) Employment by the "insured"; or

ISO Properties, Inc , 2005

Page 3of12
James River Policy - 07

CJ

(2) Performing the duties related to tne conduct of the "insured's" business; or
b. The spouse, child, parent, brother or sister
of that "employee" as a consequence of
Paragraph a. above.

This exclusion applies:


(1) Whether the "insured" may be liable as
an employer or in any other capacity;
and
(2) To any obligation to share damages with
or repay someone else who must pay
damages because of the injury.

5.

6.

7.

8.

But this exclusion does not apply to "bodily injury" to domestic "employees" not entitled to
workers' compensation benefits or to liability
assumed by the "insured" under an "insured
contract". For the purposes of the Coverage
Form, a domestic "employee" is a person engaged in household or domestic work performed principally in connection with a residence premises.
Feiiow Employee
"Bodily injury" to any fellow "employee" of the
"insured" arising out of and in the course of the
fellow "employee's" employment or while performing duties related to the conduct of your
business.
Care, Custody Or Control
"Property damage" to or "covered pollution cost
or expense" involving property owned or transported by the "insured" or in the "insured's"
care, custody or control. But this exclusion
does not apply to liability assumed under a
sidetrack agreement
Handling Of Property
"Bodily injury" or "property damage" resulting
from the handling of property:
a. Before it is moved from the place where it is
accepted by the "insured" for movement
into or onto the covered "auto"; or
b. After it is moved from the covered "auto" to
the place where it is finally delivered by the
"insured".
Movement Of Property By Mechanical
Device
"Bodily injury" or "property damage" resulting
from the movement of property by a mechanical device (other than a hand truck) unless the
device is attached to the covered "auto".

Page 4of12

9. Operations

"Bodily injury" or "property damage" arising out


of the operation of:

a. Any equipment listed in Paragraphs 6.b.


and 6.c. of the definition of "mobile equipment"; or
b. Machinery or equipment that is on, attached
to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory
or financial responsibility law or other motor
vehicle insurance law where it is licensed or
principally garaged.

10. Completed Operations

"Bodily injury" or "property damage" arising out


of your work after that work has been completed or abandoned.
In this exclusion, your work means:

a. Work or operations performed by you or on


your behalf; and
b. Materials, parts or equipment furnished in
connection with such work or operations.
Your work includes warranties or representations made at any time with respect to the fitness, quality, durability or performance of any
of the items included in Paragraph a. or b.
above.
Your work will be deemed completed at the
earliest of the following times:
(1) When all of the work called for in your
contract has been completed.
(2) When all of the work to be done at the
site has been completed if your contract
calls for work at more than one site.

(3) When that part of the work done at a job


site has been put to its intended use by
any person or organization other than
another contractor or subcontractor
working on the same project.

Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed.
11. Pollution

"Bodily injury" or "property damage" arising out


of the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or escape of "pollutants":
a. That are, or that are contained in any property that is:
(1) Being transported or towed by, handled,
or handled for movement into, onto or
from, the covered "auto";

ISO Properties, Inc., 2005

CA 00 010306
James River Policy - 08

CJ

(2) Otherwise in the course of transit by or


on behalf of the "insured"; or
(3) Being stored, disposed of, treated or
processed in or upon the covered "auto";
b. Before the "pollutants" or any property in
which the "pollutants" are contained are
moved from the place where they are accepted by the "insured" for movement into
or onto the covered "auto"; or

c. After the "pollutants" or any property in


which the "pollutants" are contained are
moved from the covered "auto" to the place
where they are finally delivered, disposed of
or abandoned by the "insured".
Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar
"pollutants" that are needed for or result from
the normal electrical, hydraulic or mechanical
functioning of the covered "auto" or its parts, if:
(1) The "pollutants" escape, seep, migrate,
or are discharged, dispersed or released
directly from an "auto" part designed by
its manufacturer to hold, store, receive
or dispose of such "pollutants"; and
(2) The "bodily injury", "property damage" or
"covered pollution cost or expense" does
not arise out of the operation of any
equipment listed in Paragraphs 6.b. and
6.c. of the definition of "mobile equipment".

Paragraphs b. and c. above of this exclusion


do not apply to "accidents" that occur away
from premises owned by or rented to an "insured" with respect to "pollutants" not in or
upon a covered "auto" if:
(1) The "pollutants" or any property in which
the "pollutants" are contained are upset,
overturned or damaged as a result of the
maintenance or use of a covered "auto";
and
(2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset,
overturn or damage.
12. War

"Bodily injury" or "property damage" arising directly or indirectly out of:


a. War, including undeclared or civil war;
b. Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any government, sovereign or other authority using
military personnel or other agents; or

CA 00 010306

c. Insurrection, rebellion, revolution, usurped


power, or action taken by governmental authority in hindering or defending against any
of these.
13. Racing

Covered "autos" while used in any professional


or organized racing or demolition contest or
stunting activity, or while practicing for such
contest or activity. This insurance also does not
apply while that covered "auto" is being prepared for such a contest or activity.

C. Limit Of Insurance
Regardless of the number of covered "autos", "insureds", premiums paid, claims made or vehicles
involved in the "accident", the most we will pay for
the total of all damages and "covered pollution cost
or expense" combined, resulting from any one "accident" is the Limit of Insurance for Liability Coverage shown in the Declarations.
All "bodily injury", "property damage" and "covered
pollution cost or expense" resulting from continuous or repeated exposure to substantially the
same conditions will be considered as resulting
from one "qccident".
No one will be entitled to receive duplicate payments for the same elements of "loss" under this
Coverage Form and any Medical Payments Coverage Endorsement, Uninsured Motorists Coverage Endorsement or Underinsured Motorists Coverage Endorsement attached to this Coverage
Part.
SECTION Ill - PHYSICAL DAMAGE COVERAGE
A. Coverage

1. We will pay for "loss" to a covered "auto" or its


equipment under:
a. Comprehensive Coverage

From any cause except:


(1) The covered "auto's" collision with an-

other object; or
(2) The covered "auto's" overturn.

b. Specified Causes Of Loss Coverage


Caused by:
(1) Fire, lightning or explosion;
(2) Theft;
(3) Windstorm, hail or earthquake;
(4) Flood;
(5) Mischief or vandalism; or
(6) The sinking, burning, collision or derail-

ISO Properties, Inc., 2005

ment of any conveyance transporting the


covered "auto".

Page 5of12
James River Policy- 09

CJ

c. Collision Coverage

Caused by:
11

(1) The covered

auto 1s" collision with an-

other object; or
11

(3) Collision only if the Declarations indicate


that Collision Coverage is provided for
any covered '1auto 11

11

(2) The covered auto 1s overturn.

2. Towing

We will pay up to the limit shown in the Declarations for towing and labor costs incurred each
time a covered 11auto 11 of the private passenger
type is disabled. However1 the labor must be
performed at the place of disablement.
3. Glass Breakage - Hitting A Bird Or Animal Falling Objects Or Missiles
If you carry Comprehensive Coverage for the
damaged covered 11 auto1 \ we will pay for the following under Comprehensive Coverage:
a. Glass breakage;
Loss 11 caused by hitting a bird or animal;
and
c. "Loss 1' caused by falling objects or missiles.

b.

(2) Specified Causes Of Loss only if the


Declarations indicate that Specified
Causes Of Loss Coverage is provided
for any covered 1'auto' 1; or

11

However, you have the option of having glass


breakage caused by a covered 11 auto 1s11 collision
or overturn considered a 11 loss 11 under Collision
Coverage.

4. Coverage Extensions
a. Transportation Expenses

VVe wiii pay up to $20 per day to a maximum of $600 for temporary transportation
expense incurred by you because of the total theft of a covered 11 auto 1 ' of the private
passenger type. We will pay only for those
covered '1autos" for which you carry either
Comprehensive or Specified Causes of
Loss Coverage. We will pay for temporary
transportation expenses incurred during the
period beginning 48 hours after the theft
and ending 1 regardless of the policyis expiration, when the covered "auto" is returned
to use or we pay for its "loss".
b. Loss Of Use Expenses
For Hired Auto Physical Damage 1 we will
pay expenses for which an 1'insured" becomes legally responsible to pay for loss of
use of a vehicle rented or hired without a
driver1 under a written rental contract or
agreement. We will pay for loss of use expenses if caused by:
(1) other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered 1'auto'\

However, the most we will pay for any expenses for loss of use is $20 per day 1 to a
maximum of $600.
B. Exclusions

1. We will not pay for loss caused by or resulting


11

'

from any of the following. Such 1'loss 11 is excluded regardless of any other cause or event
that contributes concurrently or in ariy sequence to the 11 loss".
a. Nuclear Hazard
(1) The explosion of any weapon employing
atomic fission or fusion; or

(2) Nuclear reaction or radiation 1 or radioactive contamination 1 however caused.

b. War Or Military Action


(1) War 1 including undeclared or civil war;
(2) Warlike action by a military force 1 including action in hindering or defending
against an actual or expected attack 1 by
any government 1 sovereign or other authoritv usina mil\tarv personnel or other
agents; or .~
' '
(3) Insurrection 1
rebellion 1
revolution,
usurped power or action taken by governmental authority in hindering or defending against any of these.

2. We will not pay for "lossn to any covered "auto"


while used in any professional or organized
racing or demolition contest or stunting activity,
or while practicing for such contest or activity.
We will also not pay for "loss 11 to any covered
"auto11 while that covered 11auto' 1 is being prepared for such a contest or activity.
11
3. We will not pay for '1loss caused by or resulting
from any of the following unless caused by
other "loss1 ' that is covered by this insurance:
a. Wear and tear, freezing 1 mechanical or
electrical breakdown.
b. Blowouts, punctures or other road damage
to tires.
4. We will not pay for "loss" to any of the following

a. Tapes, records, discs or other similar audio,


visual or data electronic devices designed
for use with audio, visual or data electronic
equipment.

Page 6of12

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,James River Policy - 010

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b. Any device designed or used to detect


speed measuring equipment such as radar
or laser detectors and any jamming apparatus intended to elude or disrupt speed
measurement equipment.
c. Any electronic equipment, without regard to
whether this equipment is permanently installed, that receives or transmits audio,
visual or data signals and that is not designed solely for the reproduction of sound.
d. Any accessories used with the electronic
equipment described in Paragraph c.
above.
Exclusions 4.c. and 4.d. do not apply to:
a. Equipment designed solely for the reproduction of sound and accessories used with
such equipment, provided such equipment
is permanently installed in the covered
"auto" at the time of the "loss" or such
equipment is removable from a housing unit
which is permanently installed in the covered "auto" at the time of the "loss", and
such equipment is designed to be solely
operated by use of the power from the
"auto's" electrical system, in or upon the
covered "auto"; or
b. Any other electronic equipment that is:
(1) Necessary for the normal operation of
the covered "auto" or the monitoring of
the covered "auto's" operating system;
or
(2) An integral part of the same unit housing
any sound reproducing equipment described in Paragraph a. above and permanently installed in the opening of the
dash or console of the covered "auto"
normally used by the manufacturer for
installation of a radio.
5. We will not pay for "loss" to a covered "auto"
due to "diminution in value".
C. Limit Of Insurance
1. The most we will pay for "loss" in any one "ac-

cident" is the lesser of:


a. The actual cash value of the damaged or
stolen property as of the time of the "loss";
or
b. The cost of repairing or replacing the damaged or stolen property with other property
of like kind and quality.
2. An adjustment for depreciation and physical
condition will be made in determining actual
cash value in the event of a total "loss".

CA 00010306

3. If a repair or replacement results in better than


like kind or quality, we will not pay for the
amount of the betterment.

D. Deductible
For each covered "auto", our obligation to pay for,
repair, return or replace damaged or stolen property will be reduced by the applicable deductible
shown in the Declarations. Any Comprehensive
Coverage deductible shown in the Declarations
does not apply to "loss" caused by fire or lightning.
SECTION IV - BUSINESS AUTO CONDITIONS

The following conditions apply in addition to the


Common Policy Conditions:
A. Loss Conditions
1. Appraisal For Physical Damage Loss

If you and we disagree on the amount of "loss",


either may demand an appraisal of the "loss".
In this event, each party will select a competent
appraiser. The two appraisers will select a
competent and impartial umpire. The appraisers will state separately the actual cash value
and amount of "loss". If they fail to agree, they
will submit their differences to the umpire. A
decision agreed to by any two will be binding.
Each party will:
a. Pay its chosen appraiser; and
b. Bear the other expenses of the appraisal
and umpire equally.
If we submit to an appraisal, we will still retain
our right to deny the claim.
2. Duties In The Event Of Accident, Claim, Suit
Or Loss

We have no duty to provide coverage under


this policy unless there has been full compliance with the following duties:

a. In the event of "accident", claim, "suit" or


"loss", you must give us or our authorized
representative prompt notice of the "accident" or "loss". Include:
(1) How, when and where the "accident" or
"loss" occurred;
(2) The "insured's" name and address; and
(3) To the extent possible, the names and
addresses of any injured persons and
witnesses.
b. Additionally, you and any other involved "insured" must:
(1) Assume no obligation, make no payment
or incur no expense without our consent,
except at the "insured's" own cost.

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James River Policy - 011

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(2) Immediately send us copies of any request, demand, order, notice, summons
or legal paper received concerning the
claim or "suit".
(3) Cooperate with us in the investigation or
settlement of the claim or defense
against the "suit''.
(4) Authorize us to obtain medical records
or other pertinent information.
(5) Submit to examination, at our expense,
by physicians of our choice, as often as
we reasonably require.

c. If there is "loss" to a covered "auto" or its


equipment you must also do the following:
(1) Promptly notify the police if the covered
"auto" or any of its equipment is stolen.

(2) Take all reasonable steps to protect the


covered "auto" from further damage.
Also keep a record of your expenses for
consideration in the settlement of the
claim.
(3) Permit us to inspect the covered "auto"
and records proving the "loss" before its
repair or disposition.

(4) Agree to examinations under oath at our


request and give us a signed statement
of your answers.

3. Legal Action Against Us


No one may bring a legal action against us under this Coverage Form until:
a. There has been full compliance with all the
terms of this Coverage Form; and
b. Under Liability Coverage, we agree in writ-

ing that the "insured" has an obligation to


pay or until the amount of that obligation
has finally been determined by judgment after trial. No one has the right under this policy to bring us into an action to determine
the "insured's" liability.
4. Loss Payment - Physical Damage
Coverages
At our option we may:
a. Pay for, repair or replace damaged or stolen
property;
b. Return the stolen property, at our expense.
We will pay for any damage that results to
the "auto" from the theft; or

Page 8of12

c. Take all or any part of the damaged or stolen property at an agreed or appraised
value.

If we pay for the "loss", our payment will include


the applicable sales tax for the damaged or stolen property.
5. Transfer Of Rights Of Recovery Against
Others To Us
If any person or organization to or for whom we
make payment under this Coverage Form has
rights to recover damages from another, those
rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them.

B. General Conditions
1. Bankruptcy
Bankruptcy or insolvency of the "insured" or the
"insured's" estate will not reli.eve us of any obligations under this Coverage Form.
2. Concealment, Misrepresentation Or Fraud
This Coverage Form is void in any case of
fraud by you at any time as it relates to th.is
Coverage Form. It is also void if you or any
other "insured", at any time, intentionally conceal or misrepresent a material fact concerning:
a. This Coverage Form;
b. The covered "auto";
c. Your interest in the covered "auto"; or
d. A claim under this Coverage Form
3. Liberalization
If we revise this Coverage Form to provide
more coverage without additional premium
charge, your policy will automatically provide
the additional coverage as of the day the revision is effective in your state.
4. No Benefit To Bailee - Physical Damage
Coverages
We will not recognize any assignment or grant
any coverage for the benefit of any person or
organization holding, storing or transporting
property for a fee regardless of any other provision of this Coverage Form.

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James River Policy - 012

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5. Other Insurance
a. For any covered "auto" you own, this Coverage Form provides primary insurance. For
any covered "auto" you don't own, the insurance provided by this Coverage Form is
excess over any other collectible insurance.
However, while a covered "auto" which is a
"trailer" is connected to another vehicle, the
Liability Coverage this Coverage Form provides for the "trailer" is:
(1) Excess while it is connected to a motor
vehicle you do not own.
(2) Primary while it is connected to a covered "auto" you own.
b. For Hired Auto Physical Damage Coverage,
any covered "auto" you lease, hire, rent or
borrow is deemed to be a covered "auto"
you own. However, any "auto" that is
leased, hired, rented or borrowed with a
driver is not a covered "auto''.
c. Regardless of the provisions of Paragraph
a. above, this Coverage Form's Liability
Coverage is primary for any liability assumed under an "insured contract".
d. When this Coverage Form and any other
Coverage Form or policy covers on the
same basis, either excess or primary, we
will pay only our share. Our share is the
proportion that the Limit of Insurance of our
Coverage Form bears to the total of the limits of all the Coverage Forms and policies
covering on the same basis.
6. Premium Audit

a. The estimated premium for this Coverage


Form is based on the exposures you told us
you would have when this policy began. We
will compute the final premium due when
we determine your actual exposures. The
estimated total premium will be credited
against the final premium due and the first
Named Insured will be billed for the balance, if any. The due date for the final premium or retrospective premium is the date
shown as the due date on the bill. If the estimated total premium exceeds the final
premium due, the first Named Insured will
get a refund.
b. If this policy is issued for more than one
year, the premium for this Coverage Form
will be computed annually based on our
rates or premiums in effect at the beginning
of each year of the policy.

CA 00 010306

7. Policy Period, Coverage Territory

Under this Coverage Form, we cover "accidents" and "losses" occurring:


a. During the policy period shown in the Declarations; and
b. Within the coverage territory.
The coverage territory is:
a. The United States of America;

b. The territories and possessions of the


United States of America;
c. Puerto Rico;
d. Canada; and

e. Anywhere in the world if:


(1) A covered "auto" of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 30
days or less; and

(2) The "insured's" responsibility to pay


damages is determined in a "suit" on the
merits, in the United States of America,
the territories and possessions of the
United States of America, Puerto Rico,
or Canada or in a settlement we agree
to.

We also cover "loss" to, or "accidents" involving, a covered "auto" while being transported
between any of these places.
8. Two Or More Coverage Forms Or Policies
Issued By Us
If this Coverage Form and any other Coverage
Form or policy issued to you by us or any company affiliated with us apply to the same "accident", the aggregate maximum Limit of Insurance under all the Coverage Forms or policies
shall not exceed the highest applicable Limit of
Insurance under any one Coverage Form or
policy. This condition does not apply to any
Coverage Form or policy issued by us or an affiliated company specifically to apply as excess
insurance over this Coverage Form.
SECTION V - DEFINITIONS
A. "Accident" includes continuous or repeated exposure to the same conditions resulting in "bodily injury" or "property damage".

B. "Auto" means:
1. A land motor vehicle, ~railer" or semitrailer designed for travel on public roads; or

ISO Properties, Inc., 2005

Page 9 of 12
James River Policy - 013

2. Any other land vehicle that is subject to a compulsory or financial responsibility law or other
motor vehicle insurance law where it is licensed
or principally garaged.

However, "auto" does not include "mobile equipment".


C. "Bodily injury" means bodily injury, sickness or disease sustained by a person including death resulting from any of these.
D. "Covered pollution cost or expense" means any
cost or expense arising out of:

1. Any request, demand, order or statutory or


regulatory requirement that any "insured" or
others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way
respond to, or assess the effects of "pollutants"; or
2. Any claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or
in any way responding to or assessing the effects of "pollutants".
"Covered pollution cost or expense" does not include any cost or expense arising out of the actual,
alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants":

a. That are, or that are contained in any property that is:


(1) Being transported or towed by, handled,
or handled for movement into, onto or
from the covered "auto";

(2) Othervvise in the course of transit by or


on behalf of the "insured";
(3) Being stored, disposed of, treated or
processed in or upon the covered "auto";

b. Before the "pollutants" or any property in


which the "pollutants" are contained are
moved from the place where they are accepted by the "insured" for movement into
or onto the covered "auto"; or
c. After the "pollutants" or any property in
which the "pollutants" are contained are
moved from the covered "auto" to the place
where they are finally delivered, disposed of
or abandoned by the "insured"

Page 10of12

Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar
"pollutants" that are needed for or result from
the normal electrical, hydraulic or mechanical
functioning of the covered "auto" or its parts, if:
(1) The "pollutants" escape, seep, migrate,
or are discharged, dispersed or released
directly from an "auto" part designed by
its manufacturer to hold, store, receive
or dispose of such "pollutants"; and

(2) The "bodily injury", "property damage" or


"covered pollution cost or expense" does
not arise out of the operation of any
equipment listed in Paragraph 6.b. or
6.c. of the definition of "mobile equipment".
Paragraphs b. and c. above do not apply to
"accidents" that occur away from premises
owned by or rented to an "insured" with respect
to "pollutants" not in or upon a covered "auto" if:
(1) The "pollutants" or any property in which
the "pollutants" are contained are upset,
overturned or damaged as a result of the
maintenance or use of a covered "auto";
and

(2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset,
overturn or damage.
E. "01m1nut1on in value" means the actual or perceived loss in market value or resale value which
results from a direct and accidental "loss".

F. "Employee" includes. a "leased worker". "Employee" does not include a "temporary worker''.
G. "Insured" means any person or organization qualifying as an insured in the Who Is An Insured provision of the applicable coverage. Except with respect to the Limit of Insurance, the coverage afforded applies separately to each insured who is
seeking coverage or against whom a claim or
"suit" is brought.

H. "Insured contract" means:


1. A lease of premises;
2. A sidetrack agreement;
3. Any easement or license agreement, except in
connection with construction or demolition operations on or within 50 feet of a railroad;

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James River Policy - 014

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4. An obligation, as required by ordinance, to indemnify a municipality, except in connection


with work for a municipality;
5. That part of any other contract or agreement
pertaining to your business (including an indemnification of a municipality in connection
with work performed for a municipality) under
which you assume the tort liability of another to
pay for "bodily injury" or "property damage" to a
third party or organization. Tort liability means a
liability that would be imposed by law in the absence of any contract or agreement;
6. That part of any contract or agreement entered
into, as part of your business, pertaining to the
rental or lease, by you or any of your "employees", of any "auto". However, such contract or
agreement shall not be considered an "insured
contract" to the extent that it obligates you or
any of your "employees" to pay for "property
damage" to any "auto" rented or leased by you
or any of your "employees".
An "insured contract" does not include that part of
any contract or agreement:
a. That indemnifies a railroad for "bodily injury"
or "property damage" arising out of constructioll' or demolition operations, within 50
feet of any railroad property and affecting
any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing; or
b. That pertains to the loan, \ease or rental of
an "auto" to you or any of your "employees",
if the "auto" is loaned, leased or rented with
a driver; or
c. That holds a person or organization engaged in the business of transporting property by "auto" for hire harmless for your use
of a covered "auto" over a route or territory
that person or organization is authorized to
serve by public authority.

I. "Leased worker" means a person leased to you by


a labor leasing firm under an agreement between
you and the labor leasing firm, to perform duties
related to the conduct of your bus1ness. "Leased
worker" does not include a "temporary worker".

J. "Loss" means direct and accidental loss or damage.


K. "Mobile equipment" means any of the following
types of land vehicles, including any attached machinery or equipment:
1. Bulldozers, farm machinery, forklifts and other
vehicles designed for use principally off public
roads;
2. Vehicles maintained for use solely on or next to
premises you own or rent;

CA 00 010306

3. Vehicles that travel on crawler treads;


4. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted:
a. Power cranes, shovels, loaders, diggers or
drills; or
b. Road construction or resurfacing equipment
such as graders, scrapers or rollers.
5. Vehicles not described in Paragraph 1., 2., 3.,

or 4. above that are not self-propelled and are


maintained primarily to provide mobility to permanently attached equipment of the following
types:
a. Air compressors, pumps and generators,
including spraying, welding, building cleaning, geophysical exploration, lighting and
well servicing equipment; or

b. Cherry pickers and similar devices used to


raise or lower workers,
6. Vehicles not described in Paragraph 1., 2., 3. or
4. above maintained primarily for purposes
.other than the transportation of persons or
cargo. However, self-propelled vehicles with
the following types of permanently attached
equipment are not "mobile equipment" but will
be considered "autos":
a. Equipment designed primarily for:
(1) Snow removal;
(2) Road maintenance, but not construction

or resurfacing; or
(3) Street cleaning;

b. Cherry pickers and similar devices mounted


on automobile or truck chassis and used to
raise or lower workers; and
c. Air compressors, pumps and generators,
including spraying, welding, building cleaning, geophysical exploration, lighting or well
servicing equipment.
However, "mobile equipment" does not include
land vehicles that are subject to a compulsory or
financial responsibility law or other motor vehicle
insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos".

L. "Pollutants" means any solid, liquid, gaseous or


thermal irritant or contaminant, including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and
waste. Waste includes materials to be recycled,
reconditioned or reclaimed.
M. "Property damage" means damage to or loss of
use of tangible property.

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N. "Suit" means a civil proceeding in which


1. Damages because of "bodily injury" or "property damage"; or
2. A "covered pollution cost or expense",
to which this insurance applies, are alleged.
"Suit" includes:
a. An arbitration proceeding in which such
damages or "covered pollution costs or expenses" are claimed and to which the "insured" must submit or does submit with our
consent; or

Page 12of12

b. Any other alternative dispute resolution proceeding in which such damages or "covered
pollution costs or expenses" are claimed
and to which the insured submits with our
consent.

0. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term
workload conditions.
P. "Trailer" includes semitrailer.

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CA 00 010306
James River Policy - 016

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

COMMON POLICY CONDITIONS


All Coverage Parts in this policy are subject to the following Conditions.

1.

CANCELLATION AND NON-RENEWAL

A. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering
to us advance written notice of cancellation.

B. We may cancel this policy by mailing or delivering to the first Named Insured written notice of
cancellation at least:

(1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or
(2)30 days before the effective date of cancellation if we cancel for any other reason.
C. We will mail or deliver our notice to the first Named lnsured's last mailing address known to us.

D. Notice of cancellation will state the effective date of cancellation. The policy will end on that date.
E. If this policy is cance.lled, we will send the first Named Insured any premium refund due. If we
cancel, the refund will pe pro rata unless cancellation is due to non-payment of premium, in which
case the refund may be less than pro rata. If the first Named Insured cancels, the refund may .be
less than pro rata. The cancellation will be effective even if we have not made or offered a refund.

F. If notice is mailed, proof of mailing will be sufficient proof of notice.


If we elect not to renew this policy, we shall mail written notice to the First Named Insured at the
address shown in the Declarations. Such written notice of non-renewal shall be mailed at least
30 days prior to the end of the policy term.

2.

CHANGES
This policy contains all the agreements between you and us concerning the insurance afforded.
The first Named Insured shown in the Declarations is authorized to make changes in the terms of
this policy with our consent. This policy's terms can be amended or waived only by endorsement
issued by us and made a part of this policy.

3.

REPRESENTATIONS
By accepting this policy, you agree:
A. The statements in the Declarations are accurate and complete;
8. Those statements are based upon representations you made to us; and
C. We have issued this policy in reliance upon your representations.

6.

SERVICE OF SUIT
It is agreed that in the event of the failure of this Company to pay any amount claimed to be due
hereunder, this Company will submit to the jurisdiction of any court of competent jurisdiction within the
United States of America and will comply with all requirements necessary to give such Court
jurisdiction and all matters arising hereunder shall be determined in accordance with the law and
practice of such Court.
It is further agreed that service of process in such suit may be made upon the Company's President,
or his nominee, at the address shown on the Declarations page of this policy, and that in any suit
instituted against any one of them upon this policy, this Company will abide by the final decision of
such Court or of any Appellate Court in the event of an appeal.

JA5401 US 03-13

Page 1 of2
James River Policy - 017

The above-named is authorized and directed to accept service of process on behalf of this Company
in any such suit and/or upon the request of the insured to give a written undertaking to the insured
that it or they will enter a general appearance upon this Company's 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 of America, which
makes provision therefore, this Company hereby designates 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 insured or any beneficiary hereunder
arising out of this contract of insurance, and hereby1designates the above-named as the person to
whom the said officer is authorized to mail such process or a true copy thereof.

7. TERMS, CONDITIONS AND PREMIUM


On each renewal, continuation, anniversary of the effective date of the policy or on an annual basis,
the Company will determine the rate and premium and/or amend the terms and conditions in
accordance with the rates and rules then in effect

8. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY


Your rights and duties under this policy may not be transferred without our written consent except in
the case of death of an individual named insured.
If you die, your rights and duties will be transferred to your legal representative but only while acting
within the scope of duties as your legal representative. Until your legal representative is appointed,
anyone having proper temporary custody of your property will have your rights and duties but only with
respect to that property.
In Witness Whereof, this Company has executed and attested these presents; but this policy shall not be
valid unless signed by duly authorized representatives of this Company.

PRESIDENT

VICE PRESIDENT

JA5401 US 03-13

Page 2 of2
James River Policy - 018

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PREMIUM AUDIT CONDITIONS AMENDED


This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply
unless modified by the endorsement

SECTION IV-BUSINESS AUTO CONDITIONS, subsection B. General Conditions, Item 6. Premium


Audit is replaced with the following:
6. Premium Audit
a.

We wi!I compute all premiums for this Coverage Part in accordance with our rules and rates.

b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the
close of each audit period we will compute the earned premium for that period and send notice to
the first Named Insured. The due date for audit and retrospective premiums is the date shown as
the due date on the bill.
c.

The first Named Insured must keep records of the information we need for premium computation,
and send us c'opies at such times as we may request. We have the right, but not the obligation,
to conduct a physical audit of records needed for premium computation after the expiration of this
policy.

d. The estimated total premium will be credited against the final premium due and the first Named
Insured will be billed for the difference, if any. However, the final premium due will never be less
than the estimated total premium.
e.

Your refusal to maintain or provide needed records, or to allow us to conduct a physical audit of
needed records, will result in our developing and calculating a final audit premium based on
information available to us and without your cooperation. If final premium audits calculated without
your cooperation result in additional premium, you are obligated to pay such additional premium.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

JA5404US 10-14

Page 1 of 1
James River Policy - 019

IL 00 210908

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

NUCLEAR ENERGY LIABILITY EXCLUSION


ENDORSEMENT
(Broad Form)

This endorsement modifies insurance provided under the following:


COMMERCIAL AUTOMOBILE COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
FARM COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
MEDICAL PROFESSIONAL LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
UNDERGROUND STORAGE TANK POLICY

1. The insurance does not apply:

A. Under any Liability Coverage, to "bodily injury"


or "property damage":
(1) With respect to which an "insured" under
the policy is also an insured under a nuclear energy liability policy issued by i'luc!ear
Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters,
Nuclear Insurance Association of Canada
or any of their successors, or would be an
insured under any such policy but for its
termination upon exhaustion of its limit of liability; or
(2) Resulting from the "hazardous properties"
of "nuclear material" and with respect to
which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or
any law amendatory thereof, or (b) the "insured" is, or had this policy not been issued
would be, entitled to indemnity from the
United States of America, or any agency
thereof, under any agreement entered into
by the United States of America, or any
agency thereof, with any person or organization.
B. Under any Medical Payments coverage, to
expenses incurred with respect to "bodily injury" resulting from the "hazardous properties" of
"nuclear material" and arising out of the operation of a "nuclear facility" by any person or organization.

IL 00 21 09 08

C. Under any Liability Coverage, to "bodily injury"


or "property damage" resulting from "hazardous properties" of "nuclear material", if:
(1) The "nuclear material" (a) is at any "nuclear

facility" owned by, or operated by or on behalf of, an "insured" or (b) has been discharged or dispersed therefrom;
(2) The "nuclear

material" is contained in
"spent fuel" or "waste" at any time possessed, handled, used, processed, stored,
transported or disposed of, by or on behalf
of an "insured"; or

(3) The "bodily injury" or "property damage"

arises out of the furnishing by an "insured"


of services, materials, parts or equipment in
connection with the planning, construction,
maintenance, operation or use of any "nuclear facility", but if such facility is located
within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to "property damage" to such "nuclear facility" and any
property thereat
2. As used in this endorsement:
"Hazardous properties" includes radioactive, toxic
or explosive properties.
"Nuclear material" means "source material", "special nuclear material" or "by-product material".

ISO Properties, Inc., 2007

Page 1of2
James River Policy - 020

"Source material", "special nuclear material", and


"by-product material" have the meanings given
them in the Atomic Energy Act of 1954 or in any
law amendatory thereof.
"Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor".
'Waste" means any waste material (a) containing
"by-product material" other than the tailings or
wastes produced by the extraction or concentration of uranium or thorium from any ore processed
primarily for its "source material" content, and (b)
resulting from the operation by any person or organization of any "nuclear facility" included under
the first two paragraphs of the definition of "nuclear facility".
"Nuclear facility" means:
(a) Any "nuclear reactor";
(b) Any equipment or device designed or used
for (1) separating the isotopes of uranium or
plutonium, (2) processing or utilizing "spent
fuel", or (3) handling, processing or packag-

(c) Any equipment or device used for the pro-

cessing, fabricating or alloying of "special


nuclear material" if at any time the total
amount of such material in the custody of
the "insured" at the premises where such
equipment or device is located consists of
or contains more than 25 grams of plutonium or uranium 233 or any combination
thereof, or more than 250 grams of uranium
235;
(d) Any structure, basin, excavation, premises
or place prepared or used for the storage or
disposal of "waste";
and includes the site on which any of the foregoing
is located, all operations conducted on such site
and all premises used for such operations.
"Nuclear reactor" means any apparatus designed
or used to sustain nuclear fission in a selfsupporting chain reaction or to contain a critical
mass of fissionable material.
"Property damage" includes all forms of radioactive contamination of property.

ing "waste";

Page 2 of 2

ISO Properties, Inc., 2007

IL 00 210908
James River Policy - 021

COMMERCIAL AUTO
CA 23841013

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION OF TERRORISM
This endorsement modifies insurance provided under the following
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
SINGLE INTEREST AUTOMOBILE PHYSICAL DAMAGE INSURANCE POLICY
With respect to coverage provided by this
endorsement, the provisions of the Coverage Form
apply unless modified by the endorsement.
A. The following definitions are added and apply
under this endorsement wherever the term
terrorism, or the phrase any injury, damage, loss
or expense, is enclosed in quotation marks:
1. "Terrorism" means activities against persons,
organizations or property of any nature:
a. That involve the following or preparation for
the following:
(1) Use or threat of force or violence; or
(2) Commission 'or threat of a dangerous
act; or
(3) Commission or threat of an act that
interferes with or disrupts an electronic,
communication,
information
or
mechanical system; and
b. When one or both of the following apply:

(1) The effect is to intimidate or coerce a


government or the civilian population or
any segment thereof, or to disrupt any
segment of the economy; or
(2) It appears that the intent is to intimidate
or coerce a government, or to further
political, ideological, religious, social or
economic objectives or to express (or
express opposition to) a philosophy or
ideology.

CA 23 84 10 13

2. "Any injury, damage, loss or expense" means


any injury, damage, loss or expense covered
under any Coverage Form or Policy to which
this endorsement is applicable, and includes
but is not limited to "bodily injury", "property
damage", "personal and advertising injury",
"loss", loss of use, rental reimbursement after
"loss" or "covered pollution cost or expense",
as may be defined under this Coverage Form,
Policy or any applicable endorsement.
8. Except with respect to Physical Damage
Coverage,
Trailer
Interchange
Coverage,
Garagekeepers
Coverage,
Garagekeepers
Coverage
Customers' Sound Receiving
Equipment or the Single Interest Automobile
Physical Damage Insurance Policy, the following
exclusion is added:
Exclusion Of Terrorism
We will not pay for "any injury, damage, loss or
expense" caused directly or indirectly by
"terrorism", including action in hindering or
defending against an actual or expected incident
of "terrorism". "Any injury, damage, loss or
expense" is excluded regardless of any other
cause or event that contributes concurrently or in
any sequence to such injury, damage, loss or
expense. But this exclusion applies only when
one or more of the following are attributed to
an incident of "terrorism":

1. The "terrorism" is carried out by means of the


dispersal or application of radioactive material,
or through the use of a nuclear weapon or
device that involves or produces a nuclear
reaction, nuclear radiation or radioactive
contamination; or

Insurance Services Office, Inc., 2013

Page 1of3
James River Policy - 022

2. Radioactive

material is released, and it


appears that one purpose of the "terrorism"
was to release such material; or

3. The "terrorism" is carried out by means of the

dispersal or application of pathogenic or


poisonous biological or chemical materials; or
4. Pathogenic or poisonous biological or chemical
materials are released, and it appears that one
purpose of the "terrorism" was to release such
materials; or

5. The total of insured damage to all types of


property exceeds $25,000,000. In determining
is
whether the $25,000,000 threshold
exceeded, we will include all insured damage
sustained by property of all persons and
entities affected by the "terrorism" and
business interruption losses sustained by
owners or occupants of the damaged property.
For the purpose of this provision, insured
damage means damage that is covered by any
insurance plus damage that would be covered
by any insurance but for the application of any
terrorism exclusions; or
6. Fifty or more persons sustain death or serious
physical injury. For the purposes of this
provision, serious physical injury means:
a. Physical injury that involves a substantial
risk of death; or
b. Protracted
and
obvious
priysicai
disfigurement; or
c. Protracted loss of or impairment of the
function of a bodily member or organ.
Multiple incidents of "terrorism" which occur within
a 72-hour period and appear to be carried out in
concert or to have a related purpose or common
leadership will be deemed to be one incident, for
the purpose of determining whether the thresholds
in Paragraphs B.5. and B.6. are exceeded.
With respect to this exclusion, Paragraphs B.5.
and B.6. describe the thresholds used to measure
the magnitude of an incident of "terrorism" and the
circumstances in which the threshold will apply, for
the purpose of determining whether this exclusion
will apply to that incident. When the exclusion
applies to an incident of "terrorism", there is no
coverage under this Coverage Form, Policy or any
applicable endorsement.

Page 2 of 3

C. With respect to Physical Damage Coverage,


Trailer Interchange Coverage, Garagekeepers
Coverage,
Garagekeepers
Coverage
Customers' Sound Receiving Equipment or the
Single Interest Automobile Physical Damage
Insurance Policy, the following exclusion is added:
Exclusion Of Terrorism

We will not pay for any "loss", loss of use or rental


reimbursement after "loss" caused directly or
indirectly by "terrorism", including action in
hindering or defending against an actual or
expected incident of "terrorism". But this
exclusion applies only when one or more of
the following are attributed to an incident of
"terrorism":

1. The "terrorism" is carried out by means of the


dispersal or application of radioactive material,
or through the use of a nuclear weapon or
device that involves or produces a nuclear
reaction, nuclear radiation or radioactive
contamination; or

2. Radioactive material is released, and it


appears that one purpose of the "terrorism"
was to release such material; or
3. The "terrorism" is carried out by means of the
dispersal or application of pathogenic or
poisonous biological or chemical materials; or
4. Pathogenic or poisonous biological or chemical
materials are released, and it appears that one
purpose of the "terrorism" was to release such
materials; or
5. The total of insured damage to all types of
property exceeds $25,000,000. In determining
whether the $25,000,000 threshold
is
exceeded, we will include all insured damage
sustained by property of all persons and
entities affected by the "terrorism" and
business interruption losses sustained by
owners or occupants of the damaged property.
For the purpose of this provision, insured
damage means damage that is covered by any
insurance plus damage that would be covered
by any insurance but for the application of any
terrorism exclusions.
Multiple incidents of "terrorism" which occur within
a 72-hour period and appear to be carried out in
concert or to have a related purpose or common
leadership will be deemed to be one incident, for
the purpose of determining whether the threshold
in Paragraph C.5. is exceeded.

Insurance Services Office, Inc., 2013

CA 23841013
James River Policy - 023

With respect to this exclusion, Paragraph C.5.


describes the threshold used to measure the
magnitude of an incident of "terrorism" and the
circumstances in which the threshold will apply, for
the purpose of determining whether this exclusion
will apply to that incident When the exclusion
applies to an incident of "terrorism", there is no
coverage under this Coverage Form; Policy or any
applicable endorsement.

CA 23 84 10 13

D. In the event of any incident of "terrorism" that is


not subject to the exclusion in Paragraph B. or C.,
coverage does not apply to "any injury, damage,
loss or expense" that is otherwise excluded under
this. Coverage Form, Policy or any applicable
endorsement.

Insurance Services Office, Inc., 2013

Page 3 of 3
James River Policy - 024

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - SCHEDULED


This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM

SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):

Uber Technologies Inc and its subsidiaries

A. Section II - COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is


amended to lnclude as an additional insured the person(s) or organization(s) shown in the
SCHEDULE, but only with respect to their liability for "bodily injury" or "property damage" to which
this insurance applies, caused in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your behalf;


and caus~d by an "accident" resulting from the ownership, maintenance or us~ of a covered "auto".
However, the insurance afforded to such additional insured:

1. Only applies to the extent permitted by law; and


2.

If coverage provided to the additional insured is required by a contract or agreement, the


insurance afforded to such additional insured will not be broader than that which you are required
by contract or agreement to provide such additional insured.

B. Section 11- COVERED AUTOS LIABILITY COVERAGE, C. Limit Of Insurance is amended to add
the following:
With respect to the insurance afforded to the additional insureds shown in the SCHEDULE, the
following is added:
The most we will pay on behalf of the additional insured shown in the SCHEDULE is the amount of
insurance:
1.

Required by the contract or agreement you have entered into with the additional insured; or

2.

Available under the applicable Limits of Insurance shown in the Declarations;

whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

JA5201 US 10-14

Page 1 of 1

James River Policy - 025

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - GOVERNMENT ENTITIES


This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM

SCHEDULE
Name Of Additional Insured Entity(ies):
Any state, county, city or other local governmental entity or regulatory organization, and their
respective employees, where required by agreement, law, ordinance or contract with a
Named Insured.
A. Section II - COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is
amended to include as an additional insured the entity(ies) shown in the SCHEDULE, but only with
respect to their liability for "bodily injury" or ''property damage" to which this insurance applies, caused
in whole or in part, by:
1.

Your acts

or omissions; or

2. The acts or omissions of those acting on your behalf;


and caused by an "accident" resulting from the ownership, maintenance or use of a covered "auto".
However, the insurance afforded to such additional insured:

1. Only applies to the extent permitted by law; and

2.

If coverage provided to the additional insured is required by a contract or agreement, the


insurance afforded to such additional insured will not be broader than that which you are required
by contract or agreement to provide such additional insured.

B. Section II - COVERED AUTOS LIABILITY COVERAGE, C. Limit Of Insurance is amended to add


the following:
With respect to the insurance afforded to the additional insureds shown in the SCHEDULE, the
following is added:
The most we will pay on behalf of the additional insured shown in the SCHEDULE is the amount of
insurance:

1.

Required by the contract or agreement you have entered into with the additional insured; or

2.

Available under the applicable Limits of Insurance shown in the Declarations;

whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

JA5206US 12-14

Page 1 of 1

James River Policy - 026

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

TRANSPORTATION NETWORK COMPANY,


TRANSPORTATION NETWORK PARTNER, RIDESHARE
DRIVER ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
Covered "autos" are specifically included under all coverage parts shown in the Declarations and any coverage
forms for Uninsured Motorist, Underinsured Motorist, Personal Injury Protection or other endorsed first party
compulsory coverage specific to the state or jurisdiction in which a ride originated regardless of where that
covered "auto" is registered or principally garaged.
The following definitions are added to SECTION V - DEFINITIONS

O. "Rideshare Driver" means an individual that is operating a motor vehicle in connection with the use of the
UberDriver application.

P. "Transportation Network Company" (or TNC) means an entity which uses a proprietary digital network to
connect passengers to drivers for the purposes of providing transportation.
SECTION II - COVERED AUTOS LIABILITY COVERAGE, A. Coverage is deleted and replaced with the
following:
A. Coverage

We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property
damage" to which this insurance applies, caused by an "accident" and resulting from the ownership,
maintenance or use of a covered "auto".
We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this
insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of covered
"autos''. However, we will only pay for the "covered pollution cost or expense" if there is either "bodily injury" or
"property damage" to which this insurance applies that is caused by the same "accident".
W-e have the right and duty to defend any "insured" against a "suit" asking for such damages or a "covered
pollution cost or expense". However, we have no duty to defend any "insured" against a "suit" seeking
damages for "bodily injury" or "property damage" or a "covered pollution cost or expense" to which this
insurance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our
duty to defend or settle ends when the Covered Autos Liability Coverage Limit of Insurance has been
exhausted by payment of judgments or settlements.
1. Who Is An Insured
The following are "insureds":
a. You for any covered "auto''.
b. Anyone else while using with your permission a covered "auto" you own, hire or borrow except:
(1) The owner or anyone else from whom you hire or borrow a covered "auto".

This exception does not apply if the covered "auto" is a 'trailer" connected to a covered "auto" you
own.
(2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her
household.

JA5309US 12-14

Includes copyrighted material of Insurance Services Office, Inc, with its permission.

Page 1 of 3

James River Policy - 027

(3) Someone using a covered "auto" while he or she is working in a business of selling, servicing,
repairing, parking or storing "autos" unless that business is yours.
(4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a
limited liability company) or a lessee or borrower or any of their "employees", while moving property
to or from a covered "auto".
(5) A partner (if you are a partnership) or a member (if you are a limited liability company) for a covered
"auto" owned by him or her or a member of his or her household.
c. 'Anyone liable for the conduct of an "insured" described above but only to the extent of that liability.

d. "Rideshare Drivers" other than you and your employees are "insureds" given that such "Rideshare
Drivers":
(1) Are using or operating a covered "auto" that you don't own, hire or borrow in your business or
personal affairs; and
(2) Have entered into a contract to use the UberDriver application with one or more of the Named
Insureds prior to the time of the "accident"; and
(3) Have accessed the UberDriver application using a Jog in credential issued by a Named Insured to
such "Rideshare Driver" for their own use.
2. Coverage Extensions
a. Supplementary Payments

We will pay for the "insured":


(1) All expenses we incur.
(2) Up to $2,000 for cost of bail bonds (including bonds for related traffic law violations) required
because of an "accident" we cover. We do not have to furnish these bonds.
(3) The cost of bonds to release attachments in any "suit" against the "insured" we defend, but only for
bond amounts within our Limit of Insurance.
(4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings
up to $250 a day because of time off from work.
(5) All court costs taxed against the "insured" in any "suit" against the "insured" we defend. However,
these payments do not include attorneys' fees or attorneys' expenses taxed against the "insured".
(6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit"
against the "insured" we defend, but our duty to pay interest ends when we have paid, offered to
pay or deposited in court the part of the judgment that is within our Limit of Insurance.

These payments will not reduce the Limit of Insurance.


b. Out-of-state Coverage Extensions

While a covered "auto" is away from the state in which a ride originated, we will:
(1) Increase the Limit of Insurance for Covered Autos Liability Coverage to meet the limits specified by
a compulsory or financial responsibility law of the jurisdiction where the covered "auto" is being
used; and

(2) Provide the minimum amounts and types of other coverages, such as no-fault, required of motor
vehicles by the state or jurisdiction where the covered "auto" is being used at the time of the
"accident";

provided the covered "auto" is located in one of the following territories at the time the "accident"
occurred:
(1) The United States of America;
(2) The territories and possessions of the United States of America;
(3) Puerto Rico; or
(4) Canada
We will not pay anyone more than once for the same elements of loss because of these extensions.
SECTION II - COVERED AUTOS LIABILITY COVERAGE, C. Limit of Insurance is deleted and replaced with
the following

Regardless of the number of "insureds", premiums paid, claims made or vehicles (other than covered

JA5309US 12-14

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Page 2 of 3

James River Policy - 028

"autos") involved in the "accident", the most we will pay for the total of all damages and "covered pollution
cost or expense" combined, resulting from any one "accident" is the Limit of Insurance for Liability
Coverage shown in the Declarations.
If more than one covered "auto" is involved in the same "accident", each "insured" operating or using a
covered "auto" shall have a separate Limit of Insurance for Liability Coverage shown in the Declarations
for such covered "auto".
All "bodily injury", "property damage" and "covered pollution cost or expense" resulting from continuous or
repeated exposure to substantially the same conditions will be considered as resulting from one
"accident".
No one will be entitled to receive duplicate payments for the same elements of "loss" under this Coverage
Form and any Medical Payments Coverage Endorsement, Uninsured Motorists Coverage Endorsement
or Underinsured Motorists Coverage Endorsement attached to this Coverage Part.
SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance is deleted and
replaced with the following:

5. Other Insurance
Coverage provided for "Rideshare Drivers" by this endorsement is primary with respect to any:

a. Personal auto insurance policy that includes the "Rideshare Driver" as an insured, unless the
personal auto insurance policy specifically recognizes such "Rideshare Driver's" provision of
transportation services in connection with a "transportation network company" and clearly provides
coverage for the "loss"; or

b. Personal auto insurance policy that includes the "auto" driven by the "Rideshare Driver" as a covered
"auto", unless the personal auto insurance policy specifically recognizes the use of the "auto" in
connection with a "transportation network company" and clearly provides coverage for the "loss" at
the time of loss.
Coverage provided for "Rideshare Drivers" by this endorsement is excess over any:

a.

Personal auto insurance policy that specifically recognizes the use of the "auto" in connection with a
"transportation network company" and clearly provides coverage for the "loss"; or

b.

Business auto insurance policy that includes the "Rideshare Driver" as an insured and includes the
"auto" driven by the "Rideshare Driver" as a covered "auto".

If no other policies described elsewhere in this endorsement exist or provide coverage, the coverage
provided by this endorsement shall be primary.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED

JA5309US 12-14

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Page 3 of 3

James River Policy - 029

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION OF LIABILITY - OTHER RIDESHARE


POLICIES ISSUED BY JAMES RIVER INSURANCE
COMPANY OR JAMES RIVER CASUAL TY COMPANY
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless
modified by the endorsement.
This insurance does not apply to any claim or "suit" which is covered under any other Business Auto
insurance policies issued to the Named Insured shown in the Declarations by either James River
Insurance Company or James River Casualty Company, except for any:
1.

Excess automobile liability policy that schedules this policy as underlying insurance; or

2.

Non-liability physical automobile damage policy.

This exclusion applies to any claim or "suit" which Is covered or would have been covered under the
Business Auto insurance policies issued to the Named Insured shown in the Declarations by either James
River Insurance Company or James River Casualty Company, but for the exhaustion of limits,
exclusion(s), or, cancellation or expiration of such policies.
If more than one policy issued by either James River Insurance Company or James River Casualty
Company provides coverage to the same "insured" in the same claim or "suit", only the policy providing
the broadest coverage to the "insured" will apply to the claim or "suit".

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

JA5608US 12-14

Page 1 of 1

James River Policy - 030

POLICY NUMBER: CA436100FL-OO

COMMERCIAL AUTO
CA 99541013

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

COVERED AUTO DESIGNATION SYMBOL


This endorsement modifies insurance provided under the following
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated
below
Named Insured:

Rasier LLC, Rasier-CA LLC, Rasier-DC LLC. and Rasier-PA LLC

Endorsement Effective Date:

12/21/2014

Section I - Covered Autos in the Business Auto and Motor Carrier Coverage Forms and Section I - Covered
Autos Coverages in the Auto Dealers Coverage Form are amended by adding the following:
Item Two of the Declarations shows the "autos'' that are covered "autos" for each of your coverages. The
following numerical symbols may be used (in addition to the numerical symbols described in the Coverage Form)
to describe the "autos" that may be covered "autos". The entry of one of these symbols next to a coverage on the
Declarations will designate the only "autos" that are covered "autos".
Description Of Covered Auto Designation Symbols
For use with the Business Auto Coveraqe Form

Symbol
10

Any passenger "auto" while being used by a "Rideshare Driver", in connection with the UberDriver
application accessed using account credentials issued under a contract with a Named Insured,
provided any of the following:
a.The "Rideshare Driver" has logged and recorded acceptance in the UberDriver application of a
request to provide transportation services, and the "Rideshare Driver' is:
1) En route to the pick-up location of the requested transportation services including, but not
limited to, picking-up of passenger(s); or
2) Traveling to the final destination of the requested transportation services including, but not
limited to, dropping-off of passenger(s).
b. The "Rideshare Driver" has logged and recorded acceptance in the UberDriver application to
provide transportation services and the "Rideshare Driver" is:
1) Located on a public airport premises during the course of the accepted transportation
services including the picking-up and dropping-off of passenger(s); or
2) Located on a public airport premises immediately following the conclusion of the
requested transportation services and while in the course of exiting the public airport
premises.
c. The "Rideshare Driver" has logged into the UberDriver application and is "available to receive
requests" for transportation services from TNC application users and "Rideshare Driver" is
located on a public airport premises.
"Available to receive requests" means the UberDriver application is in a state such that an
applicable request would be transmitted to the "Rideshare Driver's" UberDriver application
account for acceptance by the "Rideshare Driver".

CA 99 5410 13

Insurance Services Office, Inc , 2011

Page 1of2
James River Policy - 031

For use with the Auto Dealers Coverage Form

32

Symbol

Description Of Covered Auto Desii:1nation Symbols


For use with the Motor Carrier Coverage Form

72

73

Page 2 of 2

Insurance Services Office, Inc., 2011

CA 99541013
James River Policy - 032

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

LIMITATION OF COVERAGE TO STATE - RIDES


ORIGINATING
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM

SCHEDULE

State Operation(s):
All rides originating in the state of Florida and the territories of US Virgin Islands and Puerto Rico.

(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
This insurance applies only to "bodily injury" or "property damage" caused by an "accident" and resulting
from the ownership, maintenance or use of a covered "auto" arising out of the operation(s) shown in the
SCHEDULE above.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

JA5307US 12-14

Page 1 of 1
James River Policy - 033

POLICY NUMBER: CA4361 OOFL-00

COMMERCIAL AUTO
CA 21721009

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

FLORIDA UNINSURED MOTORISTS


COVERAGE-NONSTACKED
For a covered "auto" licensed or principally garaged in, or "garage operations" conducted in, Florida, this endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated
below.
Named Insured:

Rasier LLC, Rasier-CA LLC, RasierDC LLC, RasierPA LLC

Endorsement Effective Date:

12/21/2014
SCHEDULE

Limit Of Insurance: $

1,000,000

Each "Accident"

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Coverage

1. We will pay all sums the "insured" is legally


entitled to recover as compensatory damages
from the owner or driver of an "uninsured motor
vehicle''. The damages must result from "bodily
injury" sustained by the "insured" caused by an
"accident''. The owner's or driver's liability for
these damages must result from the ownership, maintenance or use of the "uninsured motor vehicle".
2. With respect to damages resulting from an
"accident" with a vehicle described in Paragraph b. of the definition of "uninsured motor
vehicle", we will pay under this coverage only if
Paragraph a. or b. below applies:
a. The limit of any applicable liability bonds or
policies has been exhausted by payment of
judgments or settlements; or

b. A tentative settlement has been made between an "insured" and the insurer of the
"unc;Jerinsured motor vehicle" and we:
(1) Have been given prompt written notice
of such tentative settlement; and
(2) Advance payment to the "insured" in an
amount equal to the tentative settlement
within 30 days after receipt of notification.
3. Any judgment for damages arising out of a
"suit" brought without our written consent is not
binding on us.

B. Who Is An Insured
If the Named Insured is designated in the Declarations as:
1. An individual, then the following are "insureds":

a. The Named Insured and any "family members".

CA 21721009

Insurance Services Office, Inc., 2009

Page 1of5
James River Policy - 034

b. Anyone else "occupying" a covered "auto"


or a temporary substitute for a covered, "auto''. The covered "auto" must be out of service because of its breakdown, repair, servicing, "loss" or destruction.
c. Anyone for damages he or she is entitled to
recover because of "bodily injury" sustained
by another "insured".

2. A partnership, limited liability company, corporation or any other form of organization, then
the following are "insureds":
a. Anyone "occupying" a covered "auto" or a
temporary substitute for a covered "auto".
The covered "auto" must be out of service
because of its breakdown, repair, servicing,
"loss" or destruction.
b. Anyone for damages he or she is entitled to
recover because of "bodily injury" sustained
by another "insured".

C. Exclusions
This insurance does not apply to:
1. Any claim settled or judgment reached without
our consent, unless our right to recover payment has not been prejudiced by such settlement or judgment. However, this exclusion
does not apply to a settlement made with the
insurer of a vehicle described in Paragraph b.
of the definition of an "uninsured motor vehicle".
2. The direct or indirect benefit of any insurer or
self-insurer under any workers' compensation,
disability benefits or similar law.
3. Anyone using a vehicle without a reasonable
belief that the person is entitled to do so.
4. "Bodily injury" sustained by:
a. An individual Named Insured while "occupying" or when struck by a vehicle owned by
that individual Named Insured that is not a
covered "auto" for Uninsured Motorists
Coverage under this coverage form;

b. Any "family member" while "occupying" or


when struck by any vehicle owned by that
"family member'' that is not a covered "auto"
for Uninsured Motorists Coverage under
this coverage form;
c. Any "family member" while "occupying" or
when struck by any vehicle owned by the
Named Insured that is insured for Uninsured Motorists Coverage on a primary basis under any other coverage form or policy;
or

Page 2 of 5

d. Any "insured" with respect to damages for


pain, suffering, mental anguish or inconvenience unless the "bodily injury" consists in
whole or in part of:
(1) Significant and permanent loss of an
important bodily function;
(2) Permanent injury within a reasonable
degree of medical probability, other than
scarring or disfigurement;
(3) Significant and permanent scarring or
disfigurement; or.
(4) Death.
5. Punitive or exemplary damages

6. "Bodily injury" arising directly or indirectly out


of:
a. War, including undeclared or civil war;

b. Warlike action by a military force, including


action in hindering or defending against an
actual or expected attack, by any government, sovereign or other authority using
military personnel or other agents; or
c, Insurreotion, repel lion, revoJwtion, usurped
power, or action taken by governmental authority in hindering or defending against any
of these.
D. Limit Of Insurance
1. Regardless of the number of covered "autos",
"insureds", premiums paid, claims made or vehicles involved in the "accident", the most we
will pay for all damages resulting from any one
"accident" is the limit of Uninsured Motorists
Coverage shown in the Schedule or Declarations.
2. No one will be entitled to receive duplicate
-payments for the same elements of "loss" under this coverage form and any Liability Coverage form, No-fault. Coverage endorsement,
Medical Payments Coverage endorsement, or
Uninsured Motorists Coverage endorsement
attached to this Coverage Part.
3. We will not make a duplicate payment under
this coverage for any element of "loss" for
which payment has been made by or for anyone who is legally responsible.
4. We will not pay for any element of "loss" if a
person is entitled to receive payment for the
same element of "loss" under any workers'
compensation, disability benefits or similar law.

Insurance Services Office, Inc., 2009

CA 21721009
James River Policy - 035

E. Changes In Conditions

The Conditions are changed for Uninsured Motorists Coverage Nonstacked as follows:
1. Other Insurance in the Business Auto and
Garage Coverage Forms and Other Insurance
- Primary And Excess Insurance Provisions
in the Truckers and Motor Carrier Coverage
Forms are replaced by the following:
a. If there is other applicable insurance available under one or more coverage forms,
policies or provisions of coverage, any recovery for damages sustained by an individual Named Insured or any "family member":

(1) While "occupying" a vehicle owned by


that Named Insured or any "family
member" may equal, but not exceed, the
limit of insurance for Uninsured Motorists Coverage applicable to that vehicle.
(2) While "occupying" a vehicle not owned
by that Named Insured or any "family
member" may equal, but not exceed, the
sum of:
(a) The limit of insurance for Uninsured
Motorists Coverage applicable to the
vehicle such Named Insured or any
"family member" was "occupying" at
the time of the "accident"; and
(b) The highest limit of insurance for
Uninsured Motorists Coverage applicable to any one vehicle under any
one policy affording coverage to
such Named Insured or any "family
member".
(3) While not "occupying" any vehicle may
equal, but not exceed, the highest limit
of insurance for Uninsured Motorists
Coverage applicable to any one vehicle
under any one policy affording coverage
to an individual Named Insured or any
"family member".
b. Any insurance we provide with respect to a
vehicle the Named Insured does not own
shall be excess over any collectible uninsured motorists insurance providing coverage on a primary basis.

c. If the coverage under this coverage form is


provided:
(1) On a primary basis, we will pay only our
share of the loss that must be paid under insurance providing coverage on a
primary basis. Our share is the proportion that our limit of liability bears to the
total of all applicable limits of liability for
coverage on a primary basis.

CA 21721009

(2) On an excess basis, we will pay only our


share of the loss that must be paid under insurance providing coverage on an
excess basis. Our share is the proportion that our limit of liability bears to the
total of all applicable limits of liability for
coverage on an excess basis.
2. Duties In The Event Of Accident, Claim, Suit
Or Loss is changed by adding the following:

a. Promptly notify the police if a hit-and-run


driver is involved; and
b. Promptly send us copies of the legal papers
if a "suit" is brought.
c. A person seeking Uninsured Motorists
Coverage must also promptly notify us in
writing by certified or registered mail of a
tentative settlement between the "insured"
and the insurer of the vehicle described in
Paragraph b. of the definition of an "uninsured motor vehicle" and allow us 30 days
to advance payment to that "insured" in an
amount equal to the tentative settlement to
preserve our rights against the insurer,
owner or operator of such vehicle described
in Paragraph b. of the definition of an "un.insured motor vehicle".

3. Transfer Of Rights Of Recovery Against


Others To Us is changed by adding the following:

If we make any payment and the "insured" recovers from another party, the "insured" shall
hold the proceeds in trust for us and pay us
back the amount we have paid.
Our rights do not apply under this provision
with respect to Uninsured Motorists Coverage
if we:

a. Have been given prompt written notice of a


tentative settlement between an "insured"
and the insurer of a vehicle described in
Paragraph b. of the definition of an "uninsured motor vehicle"; and
b. Fail to advance payment to the "insured" in
an amount equal to the tentative settlement
within 30 days after receipt of notification.

If we advance payment to the "insured" in an


amount equal to the tentative settlement within
30 days after receipt of notification:
a. That payment will be separate from any
amount the "insured" is entitled to recover
under the provisions of Uninsured Motorists
Coverage; and

b. We also have a right to recover the advanced payment.

Insurance Services Office, Inc., 2009

Page 3 of 5
James River Policy - 036

4. The following condition is added:


a. Arbitration
(1) If we and an "insured" do not agree:
(a) Whether that person is legally entitled to recover damages under this
endorsement; or
(b) As to the amount of damages that
are recoverable by that person;
Then the matter may be mediated, in
accordance with the Mediation Provision
contained in General Conditions, if the
damages resulting from "bodily injury"
are for $10,000 or less, or arbitrated.
However, disputes concerning coverage
under this endorsement may not be arbitrated. Both parties must agree to arbitration. In this event, each party will select an arbitrator. The two arbitrators will
select a third. If they cannot agree within
30 days, either may request that selection be made by a judge of a court having jurisdiction.
(2) Each party will pay the expenses it
incurs and bear the expenses of the
third arbitrator equally.
(3) Unless both parties agree otherwise,
arbitration will take place in the county in
which the "insured" lives. Local rules of
law as to arbitration procedure and evidence will apply. A decision agreed to
by two of the arbitrators will be binding.
b. Florida Arbitration Act
If we and an "insured" agree to arbitration,
the Florida Arbitration Act will not apply.
c. Mediation
(1) In any claim filed by an "insured" with us
for:

(a) "Bodily injury" in an amount of


$10, 000 or less, arising out of the
ownership, operation, use or maintenance of a covered "auto";
(b) "Property damage" in any amount,
arising out of the ownership, operation, maintenance or use of a covered "auto"; or
(c) "Loss" to a covered "auto" or its
equipment, in any amount;
either party may make a written demand
for mediation of the claim prior to the institution of litigation.

Page 4 of 5

(2) A written request for mediation must be


filed with the Florida Department of Financial Services on an approved form,
which may be obtained from the Florida
Department of Financial Services.
(3) The request must state:
(a) Why mediation is being requested.
(b) The issues in dispute, which are to

be mediated.
(4) The Florida Department of Financial
Services will randomly select mediators.
Each party may reject one mediator, either before or after the opposing side
has rejected a mediator. The mediator
will notify the parties of the date, time
and place of the mediation conference.
The mediation conference will be held
within 45 days of, the request for mediation. The conference will be held by telephone, if feasible. Participants in the
mediation conference must have the authority to make a binding decision, and
must mediate in good faith. Each party
will bear the expenses of the mediation
equally, unless the mediator determines
that one party has not mediated In good
faith.
(5) Only one mediation may be requested
for each claim unless all parties agree to
further mediation. A party demanding
mediation shall not be entitled to demand or request mediation after a suit is
filed relating to the same facts already
mediated.
(6) The mediation shall be conducted as an
informal process and formal rules of evidence and procedures need not be observed.
F. Additional Definitions
As used in this endorsement:

1. "Family member" means a person related to an


individual Named Insured by blood, marriage
or adoption who is a resident of such Named
lnsured's household, including a ward or foster
child.

2. "Occupying" means in, upon, getting in, on, out


or off.

3. "Uninsured motor vehicle" means a land motor


vehicle or "trailer":
a. For which no liability bond or policy applies
at the time of an "accident";

Insurance Services Office, Inc., 2009

CA 21721009
James River Policy - 037

b. That is an underinsured motor vehicle. An


underinsured motor vehicle is a land motor
vehicle or "trailer" for which a "bodily injury"
liability bond or policy applies at the time of
an "accident" but the amount paid under
that bond or policy to an "insured" is not
enough to pay the full amount the "insured"
is legally entitled to recover as damages
caused by the "accident";
c. For which an insuring or bonding company
denies coverage or is or becomes insolvent; or

d. For which neither the driver nor owner can


be identified. The land motor vehicle or
"trailer" must:
( 1) Hit an individual Named Insured or any
"family member", a covered "auto" or a
vehicle such Named Insured or any
"family member" is "occupying"; or
(2) Cause an "accident" resulting in "bodily
injury" to an individual Named Insured or
any "family member" without hitting that
Named Insured, any "family member", a
covered "auto" or a vehicle such Named
Insured or any "family member" is "occupying".

CA 21721009

If there is no physical contact with the land


motor vehicle or "trailer", the facts of the
"accident" must be proved. We will only accept competent evidence other than the
testimony of a person making claims under
this or any similar coverage.
However, "uninsured motor vehicle" does not
include any .vehicle:
a. Owned by a governmental unit or agency;
b. Designed for use mainly off public roads
while not on public roads; or
c. Owned by or furnished or available for the
regular use of the Named Insured, or if the
Named Insured is an individual, any 'family
member" unless it is a covered "auto" to
which the coverage form's Liability Coverage applies and liability coverage is excluded for any person or organization other than
the Named Insured, or if the Named Insured is an individual, any "family member".

Insurance Services Office, Inc., 2009

Page 5 of 5
James River Policy - 038

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLLY.

FLORIDA CHANGES-CANCELLATION AND


NON RENEWAL
This endorsement modifies insurance provided under the following:
ALL COVERAGE PARTS
The CANCELLATION AND NON-RENEWAL Condition of this Policy is deleted and replaced with
the following:

CANCELLATION ANO NON-RENEWAL


A. The first Named Insured shown in the Declarations may cancel this policy by mailing or
delivering to us advance written notice of cancellation.
B.

If the policy has been in effect for 90 days or less, we may cancel this policy by mailing or
delivering to the first Named Insured written notice of cancellation, accompanied by the
reason therefore, at least:

(1) 10 days before the effective date of cancellation if we cancel for nonpayment of
premium; or
(2) 20 days before the effective date of cancellation if we cancel for any other reason,
except we may cancel immediately ifthere has been:
(a) A material misstatement or misrepresentation; or
(b) A failure to comply with our underwriting requirements.
C.

If the policy has been in effect for more than 90 days, we may cancel this policy by
mailing or delivering to the first Named Insured written notice of cancellation,
accompanied by the reason therefore, at least

(1) 10 days before the effective date of cancellation if we cancel for nonpayment of
premium; or
(2) 45 days before the effective date of cancellation if we cancel for any other
reason.
D. We will mail or deliver our notice to the first Named lnsured's last mailing address known
to us.
E.

Notice of cancellation will state the effective date of cancellation. The policy will end on
that date.

F.

If this policy is cancelled, we will send the first Named Insured any premium refund due.
If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund
may be less than pro rata. The cancellation will be effective even of we have not made
or offered a refund.

G. If notice is mailed, proof of mailing will be sufficient proof of notice.


If we elect not to renew this Policy for an additional "policy period", we shall mail written
notice, stating the reason for non-renewal, to the first Named Insured at the address
shown in the Declarations. Such written notice of non-renewal shall be mailed at least 45
days prior to the end of the policy period.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

AP1 014US 10-05

Page 1 of 1
James River Policy - 039

COMMERCIAL AUTO
CA01280309

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

FLORIDA CHANGES
For a covered "auto" licensed or principally garaged in, or "garage operations" conducted in, Florida, this endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
A. Physical Damage Coverage is changed as follows:

1. No deductible applies under Specified Causes


of Loss or Comprehensive coverage for "loss"
to glass used in the windshield.
2. All other Physical Damage Coverage provisions will apply.

3. Paragraph 1. of Loss Conditions, Appraisal


For Physical Damage Loss, is replaced by
the following:
1. Appraisal For Physical Damage Loss
If you and we disagree on the amount of
"loss", either may demand an appraisal of
the "loss". Upon notice of a demand for appraisal, the opposing party may, prior to
appraisal, demand mediation of the dispute
in accordance with the Mediation provision
contained in this endorsement. The mediation must be completed before a demand
for appraisal can be made. In this event,
each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The appraisers
will state separately the actual cash value
and amount of "loss". If they fail to agree,
they will submit their differences to the umpire. A decision agreed to by any two will be
binding. Each party will
a. Pay its chosen appraiser; and
b. Bear the other expenses of the appraisal and umpire equally.
If we submit to an appraisal, we will still retain our right to deny the claim.

CA 012803 09

B. The General Conditions are amended as follows:

1. The following Is added to the Other Insurance


Condition in the Business Auto and Garage
Coverage Forms, and Other Insurance - Primary And Excess Provisions Conditton in the
Truckers and Motor Carrier Coverage Forms:
a. When this Coverage Form and any other
Coverage Form or policy providing liability
coverage applies to an "auto" and:
(1) One provides coverage to a lessor of
"autos" for r~nt or lease; and
(2) The other provides coverage to a person not described in Paragraph
B.1.a.(1),
then the Coverage Form or policy issued to
the lessor described in Paragraph B.1.a.(1)
is excess over any insurance available to a
person described in B.1.a.(2) if the face of
the lease or rental agreement contains, in
at least 10 point type, the following language:
The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by FLA. STAT. SECTION 324.021 (7) and FLA. STAT. SECTION 627.736.

Insurance Services Office, Inc., 2008

Page 1of2
James River Policy - 040

2. The following condition is added to the Business Auto, Garage, Truckers and Motor Carrier
Coverage Forms:
Mediation
1. In any claim filed by an "insured" with us
for:
a. "Bodily injury" in an amount of $10,000
or less, arising out of the ownership, operation, use or maintenance of a covered "auto";
b. "Property damage" in any amount, arising out of the ownership, operation,
maintenance or use of a covered "auto",
or
c. "Loss" to a covered "auto" or its equipment, in any amount;
either party may make a written demand for
mediation of the claim prior to the institution
of litigation.
2. A written request for mediation must be
filed with the Florida Department of Financial Services on an approved form, which
may be obtained from the Florida Department of Financial Services.
3. The request must state:
a. Why mediation is being requested.
b. The issues in dispute, which are to be
mediated.

Page 2 of 2

4. The Florida Department of Financial Services will randomly select mediators. Each
party may reject one mediator, either before
or after the opposing side has rejected a
mediator. The mediator will notify the parties of the date, time and place of the mediation conference. The mediation conference will be held within 45 days of the request for mediation. The conference will be
held by telephone if feasible. Participants in
the mediation conference must have the
authority to make a binding decision, and
must mediate in good faith. Each party will
bear the expenses of the mediation equally,
unless the mediator determines that one
party has not mediated in good faith.
5. Only one mediation may be requested for
each claim unless all parties agree to further mediation. A party demanding mediation shall not be entitled to demand or request mediation after a suit is filed relating
to the same facts already mediated.
6. The mediation shall be conducted as an
informal process and formal rules of evidence and procedures need not be obseNed.

Insurance Services Office, Inc., 2008

CA 012803 09
James River Policy - 041

COMMERCIAL AUTO
CA 01 14 09 14

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PUERTO RICO CHANGES


For a covered "auto" licensed or principally garaged in, or "auto dealer operations" conducted in Puerto Rico this
endorsement modifies insurance provided under the following:
'
'
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
COVERED AUTOS LIABILITY COVERAGE INCLUDES THE COMPULSORY PROPERTY DAMAGE
LIABILITY COVERAGE REQUIRED BY THE PUERTO RICO "MOTOR VEHICLE COMPULSORY LIABILITY
INSURANCE ACT".
A. Changes In Covered Autos Liability Coverage
1. The third paragraph of Coverage is replaced

by the following:
We have the right and duty to defend any
"insured" against a "suit" asking for such
damages or a "covered pollution cost or
expense". This applies even if the "suit" is
groundless, false or fraudulent. We may
investigate and settle any claim or "suit" as we
consider appropriate. Our duty to defend or
settle ends when the Covered Autos Liabiiity
Coverage Limit of Insurance has been
exhausted by payment of judgments or
settlements.
2. Covered Autos Liability Coverage does not
apply to the extent that the "insured" is
exempted from liability because of the Puerto
Rico Automobile Accident Social Protection
Act.
3. The following exclusion is added to Covered
Autos Liability Coverage:
We will not pay for "property damage" to any
vehicle that is not insured for compulsory
property damage liability coverage to the
extent of the limit of liability required by the
Puerto Rico "Motor Vehicle Compulsory
Liability Insurance Act".
4. The Limit Of Insurance provision is amended
by the addition of the following paragraph:
With respect to "accidents" occurring in Puerto
Rico, we will first apply the limit of liability to
provide the limit required by the Puerto Rico
"Motor Vehicle Compulsory Liability Insurance
Act". However, this provision will not change
our total limit of liability.

CA 01 14 0914

B. Changes In Auto Medical Payments Coverage

Auto Medical Payments Coverage does not apply


to the extent that coverage is available under the
Puerto Rico Automobile Accident Social Protection
Act.
C. Changes In Conditions

1. The following provision is added:


Compulsory Property Damage Liability
Coverage

If we cancel or nonrenew this Policy, or if you


cancel or do not accept an offer to renew or
continue this Policy, as provided in the
Cancellation Common Policy Condition, then,
in accordance with the requirements of the
Regulations of the Insurance Code of Puerto
Rico, issued pursuant to the Puerto Rico
"Motor Vehicle Compulsory Liability Insurance
Act":
a. We will notify the Joint Underwriting
Association
of the
cancellation
or
nonrenewal of this Policy; and
b. The Compulsory Liability Insurance Joint
Underwriting Association will offer, until the
date of expiration of each of your covered
"auto's" license, the compulsory property
damage liability coverage required by the
Puerto Rico "Motor Vehicle Compulsory
Liability Insurance Act".
2. The Cancellation Common Policy Condition is

replaced by the following:


a. You may cancel the Policy by returning it to
us or by giving us advance notice of the
date cancellation is to take effect.

Insurance Services Office, Inc., 2013

Page 1of2
James River Policy - 042

b. We may cancel the Policy by mailing you at


least 10 days' notice at the last address you
have informed us of in writing or, otherwise,
at the address shown in this Policy. Proof of
mailing of any notice will be sufficient proof
of notice.
c. The effective date of cancellation stated in
the notice shall become the end of the
policy period.
d. If this Policy is canceled, you may be
entitled to a premium refund. If so, we will
send you the refund. However, making or
offering to make the refund is not a
condition of cancellation If you cancel, the
refund, if any, will be computed in
accordance with the customary short rate
procedure. If we cancel, the refund, if any,
will be computed pro rata. Unearned
premium does not include any amount that
we are required to remit to the Joint
Underwriting Association, with respect to
the compulsory property damage liability
coverage that the Puerto Rico Compulsory
Liability Insurance Joint Underwriting
Association is required to provide, in
accordance with the Regulations of the
Insurance Code of Puerto Rico.
3. Legal Action Against Us is replaced by the
following
No one may bring a legal action against us
under this coverage form until there has been
full compliance with all the terms of this
coverage form.
4. The first sentence of Appraisal For Physical
Damage Loss is replaced by the following:
If you and we fail to agree as to the amount of
"loss", you (but not we) may demand an
appraisal of the "loss".
5. Interruption Of Coverage
In accordance with requirements of the
Regulations of the Insurance Code of Puerto
Rico, if coverage provided under this coverage
form is interrupted while the license of the
covered "auto" is in effect, the period during
which the coverage was not in force will be
considered covered by the Joint Underwriting
Association exclusively under the terms of the
compulsory property damage liability coverage
required by the Puerto Rico "Motor Vehicle
Compulsory Liability Insurance Act".

Page 2 of 2

6. The following condition is added:


Transfer Of Your Interest In The Policy

We must be notified of any transfer of


ownership of your covered "auto" within 10
days of such transfer. After you notify us of the
transfer, in accordance with the requirements
of the Regulations of the Insurance Code of
Puerto Rico, we will notify the Puerto Rico
Compulsory
Liability
Insurance
Joint
Underwriting Association of the transfer of
ownership of your covered "auto".
7. The following provisions are added:
Settlement Of Claims

Settlement of claims, to the extent of the limit


of liability and coverage required by the Puerto
Rico "Motor Vehicle Compulsory Liability
Insurance Act", will be made, whenever
applicable, in agreement with the diagrams
mentioned in article No. 7 of the Initial Liability
Determination System adopted in accordance
with the mentioned act.
Notwithstanding the previously mentioned act,
payments for other coverage afforded under
this Policy, in addition to the payments
resulting from the application of the mentioned
diagrams, will be made by us, in accordance
with the applicable coverage, up to the limits
established in the same.
In the case that the above mentioned diagrams
are not applicable, payments for coverage
afforded under this Policy will be made by us,
in accordance with the applicable coverage up
to the limits established in the same.
Conformity To Statute Or Regulation

Any provision of this Policy that is in conflict


with the Puerto Rico "Motor Vehicle
Compulsory Liability Insurance Act" or Rule
LXX of the Regulations of the Insurance Code
of Puerto Rico is hereby amended to conform
to that act or rule.

Insurance Services Office, Inc., 2013

CA 01 14 0914
James River Policy - 043

POLICY NUMBER: CA4361 OOFL-00

COMMERCIAL AUTO
CA21170914

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PUERTO RICO UNINSURED MOTORISTS COVERAGE


For a covered "auto" licensed or principally garaged in, or "auto dealer operations" conducted in, Puerto Rico, this
endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the coverage form apply unless
modified by the endorsement.
This endorsement changes the Policy effective on the inception date of the Policy unless another date is indicated
below.
Named Insured:

Rasier LLC, Rasier-CA LLC, Rasier-DC LLC, Rasier-PA LLC

Endorsement Effective Date:

12/21/2014
SCHEDULE

Limit Of Insurance:

Each "Accident"

$ 1,000,000

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Coverage

1. We will pay all sums the "insured" is legally


entitled to recover as compensatory damages
from the owner or driver of an "uninsured motor
vehicle". The damages must result from "bodily
injury" sustained by the "insured" caused by an
"accident". The owner's or driver's liability for
these damages must result from the
ownership, maintenance or use of the
"uninsured motor vehicle".
2. With respect to damages resulting from an
"accident" with a vehicle described in
Paragraph b. of the definition of "uninsured
motor vehicle", we will pay under this coverage
only if Paragraph a. orb. below applies:
a. The limit of any applicable liability bonds or
policies has been exhausted by payment of
judgments or settlements.
b. A tentative settlement has been made
between an "insured" and the insurer of a
vehicle described in Paragraph b. of the
definition of "uninsured motor vehicle" and
we:
(1) Have been given prompt written notice
of such tentative settlement; and

CA 21 17 0914

(2) Advance payment to the "insured" in an


amount equal to the tentative settlement
within 30 days after receipt of
notification.
3. Any judgment for damages arising out of a
"suit" brought without our written consent is not
binding on us.
B. Who Is An Insured

If the Named Insured is designated in the


Declarations as:
1. An individual, then the following are "insureds"
a. The Named Insured and any "family
members".
b. Anyone else "occupying" a covered "auto"
or a temporary substitute for a covered
"auto". The covered "auto" must be out of
service because of its breakdown, repair,
servicing, "loss" or destruction.
c. Anyone for damages he or she is entitled to
recover because of "bodily injury" sustained
by another "insured".

Insurance Services Office, Inc, 2013

Page 1of4
James River Policy - 044

2. A partnership, limited liability company,


corporation or any other form of organization,
then the following are "insureds":
a. Anyone "occupying" a covered "auto" or a
temporary substitute for a covered "auto".
The covered "auto" must be out of service
because of its breakdown, repair, servicing,
"loss" or destruction.

b. Anyone for damages he or she is entitled to


recover because of "bodily injury" sustained
by another "insured".
C. Exclusions
This insurance does not apply to any of the
following:
1. Any claim settled without our consent.
However, this exclusion does not apply:
a. If such settlement does not prejudice our
rig ht to recover payment; or

b. To a settlement made with the insurer of a


vehicle described in Paragraph b. of the
definition of "uninsured motor vehicle" in
accordance with the procedure described in
Paragraph A.2.b,
2. The direct or indirect benefit of any insurer or
self-insurer under any workers' compensation,
disability benefits or similar law.
3. "Bodily injury" sustained by:
a. An individual Named Insured while
"occupying" or when struck by any vehicle
owned by that Named Insured that is not a
covered "auto" for Uninsured Motorists
Coverage under this coverage form;
b. Any "family member" while "occupying" or
when struck by any vehicle owned by that
"family member" that is not a covered "auto"
for Uninsured Motorists Coverage under
this coverage form; or
c. Any "family member" while "occupying" or
when struck by any vehicle owned by the
Named Insured that is insured for
Uninsured Motorists Coverage on a primary
basis under any other coverage form or
policy.
4. Anyone using a vehicle without a reasonable
belief that the person is entitled to do so.
5. Punitive or exemplary damages.
6. "Bodily injury" arising directly or indirectly out
of:
a. War, including undeclared or civil war;

Page 2 of 4

b. Warlike action by a military force, including


action in hindering or defending against an
actual or expected attack, by any
government, sovereign or other authority
using military personnel or other agents; or

c. Insurrection, rebellion, revolution, usurped


power, or action taken by governmental
authority in hindering or defending against
any of these.
D. Limit Of Insurance
1. Regardless of the number of covered "autos",
"insureds", premiums paid, claims made or
vehicles involved in the "accident", the most we
will pay for all damages resulting from any one
"accident" is the Limit Of Insurance for
Uninsured Motorists Coverage shown in the
Schedule or Declarations.

2. No one will be entitled to receive duplicate


payments for the same element of "loss" under
this coverage and any Liability Coverage Form,
Medical Payments Coverage Endorsement or
Underinsured
Motorists
Coverage
Endorsement.
We will not make a duplicate payment under
this coverage for any element of "loss" for
which payment has been made by or for
anyone who is legally responsible.
We will not pay for any element of "loss" if a
person is entitled to receive payment for the
same element of "loss" under a workers'
compensation, disability benefits or similar law.
E. Changes In Conditions
The Conditions are changed for Uninsured
Motorists Coverage:
1. Other Insurance in the Auto Dealers and
Business Auto Coverage Forms and Other
Insurance - Primary And Excess Insurance
Provisions in the Motor Carrier Coverage
Form are replaced by the following:
If there is other applicable insurance available
under one or more policies or provisions of
coverage:
a. The maximum recovery under all coverage
forms or policies combined may equal but
not exceed the highest applicable limit for
any one vehicle under any coverage form
or policy providing coverage on either a
primary or excess basis.

Insurance Services Office, Inc., 2013

CA 2117 0914
James River Policy - 045

b. Any insurance we provide with respect to a


vehicle the Named Insured does not own
shall be excess over any other collectible
uninsured motorists insurance providing
coverage on a primary basis.
c. If the coverage under this coverage form is
provided
(1) On a primary basis, we will pay only our
share of the "loss" that must be paid
under insurance providing coverage on
a primary basis. Our share is the
proportion that our limit of liability bears
to the total of all applicable limits of
liability for coverage on a primary basis.
(2) On an excess basis, we will pay only our
share of the "loss" that must be paid
under insurance providing coverage on
an excess basis. Our share is the
proportion that our limit of liability bears
to the total of all applicable limits of
liability for coverage on an excess basis.
2. Duties In The Event Of Accident, Claim, Suit
Or Loss is changed by adding the following:

a. Promptly notify the police if a hit-and-run


driver is involved;
b. Promptly send us copies of the legal papers
if a "suit" is brought; and
c. A person seeking coverage from an insurer,

owner or operator of a vehicle described in


Paragraph b. of the definition of "uninsured
motor vehicle" must also promptly notify us
in writing of a tentative settlement between
the "insured" and the insurer and allow us
to advance payment to that "insured" in an
amount equal to the tentative settlement
within 30 days after receipt of notification to
preserve our rights against the insurer,
owner or operator of such vehicle.
3. Transfer Of Rights Of Recovery Against
Others To Us is changed by adding the
following
If we make any payment and the "insured"
recovers from another party, the "insured" shall
hold the proceeds in trust for us and pay us
back the amount we have paid.
Our rights do not apply under this provision
with respect to damages caused by an
"accident" with a vehicle described in
Paragraph b. of the definition of "uninsured
motor vehicle" if we:
a. Have been given prompt written notice of a
tentative settlement between an "insured"
and the insurer of a vehicle described in
Paragraph b. of the definition of "uninsured
motor vehicle"; and

CA21170914

b. Fail to advance payment to the "insured" in


an amount equal to the tentative settlement
within 30 days after receipt of notification.
If we advance payment to the "insured" in an
amount equal to the tentative settlement within
30 days after receipt of notification:
a. That payment will be separate from any
amount the "insured" is entitled to recover
under the provisions of Uninsured Motorists
Coverage; and

b. We also have a right to recover the


advance payment.
4. The following condition is added
Arbitration

a. If we and an "insured" disagree whether the


"insured" is legally entitled to recover
damages from the owner or driver of an
"uninsured motor vehicle" or do not agree
as to the amount of damages that are
recoverable by that "insured", then the
matter may be arbitrated. However,
disputes concerning coverage under this
endorsement rnay not be arbitrated. Both
parties must agree to arbitration. If so
agreed, each party will select an arbitrator.
The two arbitrators will select a third. If they
cannot agree within 30 days, either may
request that selection be made by a judge
of a court having jurisdiction. Each party will
pay the expenses it incurs and bear the
expenses of the third arbitrator equally.

b. Unless both parties agree otherwise,


arbitration will take place in the county in
which the "insured" lives. Local rules of law
as to arbitration procedure and evidence
will apply. A decision agreed to by two of
the arbitrators will be binding.
c. An "insured" will not be required to arbitrate
disputed claims. This coverage shall be
reduced by any amounts available under
the Puerto Rico Automobile Accident Social
Protection Act.

F. Additional Definitions
As used in this endorsement

1. "Family member" means a person related to an


individual Named Insured by blood, marriage
or adoption who is a resident of such Named
lnsured's household, including a ward or foster
child.
2. "Occupying" means in, upon, getting in, on, out
or off.

Insurance Services Office, Inc., 2013

Page 3 of 4
James River Policy - 046

3. "Uninsured motor vehicle" means a land motor


vehicle or "trailer":
a. For which no liability bond or policy at the
time of an "accident" provides at least the
amounts required by the applicable law
where a covered "auto" is principally
garaged;
b. That is an underinsured motor vehicle. An
underinsured motor vehicle is a land motor
vehicle or "trailer" for which the sum of all
liability bonds or policies at the time of an
"accident" provides at least the amounts
required by the applicable law where a
covered "auto" is principally garaged but
that sum is less than the Limit of Insurance
of this coverage.
c. For which an insuring or bonding company
denies coverage or is or becomes
insolvent; or

Page 4 of 4

d. That is a hit-and-run vehicle and neither the


driver nor owner can be identified. The
vehicle must hit an "insured", a covered
"auto" or a vehicle an "insured" is
"occupying".
However, "uninsured motor vehicle" does not
include any vehicle:

a. Owned or operated by a self-insurer under


any applicable motor vehicle. law, except a
self-insurer who is or becomes insolvent
and cannot provide the amounts required
by that motor vehicle law;
b. Owned by a governmental unit or agency;
or
c. Designed for use mainly off public roads
while not on public roads.

Insurance Services Office, Inc., 2013

CA21170914
James River Policy - 047

POLICY NUMBER: CA436100FL-OO

COMMERCIAL AUTO
CA31231013

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

U.S. VIRGIN ISLANDS


UNINSURED MOTORISTS COVERAGE
This endorsement modifies insurance provided under the following
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated
below.

Named Insured:

Rasier LLC, Rasier-CA LLC, Rasier-DC LLC, Rasier-PA LLC

Endorsement effective Date:

12/21/2014
SCHEDULE

Limit Of Insurance: $ 1,000,000

Each "Accident"

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Coverage
1. We will pay all sums the "insured" is legally
entitled to recover as compensatory damages
from the owner or driver of an "uninsured motor
vehicle". The damages must result from "bodily
injury" sustained by the "insured" caused by an
"accident". The owner's or driver's liability for
these damages must result from the
ownership, maintenance or use of the
"uninsured motor vehicle".
2. With respect to damages resulting from an
"accident" with a vehicle described in
Paragraph b. of the definition of "uninsured
motor vehicle", we will pay under this coverage
only if a. or b. below applies
a. The limit of any applicable liability bonds or
policies has been exhausted by payment of
judgments or settlements; or

CA31231013

b. A tentative settlement has been made


between an "insured" and the insurer of a
vehicle described in Paragraph b. of the
definition of "uninsured motor vehicle" and
we:
(1) Have been given prompt written notice
of such tentative settlement; and
(2) Advance payment to the "insured" in an
amount equal to the tentative settlement
within 30 days after receipt of
notification.
3. Any judgment for damages arising out of a
"suit" brought without our written consent is not
binding on us.

Insurance Services Office, Inc., 2012

Page 1of4
James River Policy - 048

B. Who Is An Insured

If the Named Insured is designated


Declarations as:

in the

1. An individual, then the following are "insureds":


a. The Named Insured and any "family
members".
b. Anyone else "occupying" a covered "auto"
or a temporary substitute for a covered
"auto". The covered "auto" must be out of
service because of its breakdown, repair,
servicing, "loss" or destruction.
c. Anyone for damages he or she is entitled to
recover because of "bodily injury" sustained
by another "insured".
2. A partnership, limited liability company,
corporation or any other form of organization,
then the following are "insureds":
a. Anyone "occupying" a covered "auto" or a
temporary substitute for a covered "auto".
The covered "auto" must be out of service
because of its breakdown, repair, servicing,
"loss" or destruction.
b. Anyone for damages he or she is entitled to
recover because of "bodily injury" sustained
by another "insured".
C. Exclusions
This insurance does not apply to any of the
following:

1. Any claim settled without our consent


However, this exclusion does not apply to a
settlement made with the insurer of a vehicle
described in Paragraph b. of the definition of
"uninsured motor vehicle", in accordance with
the procedures described in Paragraph A.2.b.
2. The direct or indirect benefit of any insurer or
self-insurer under any workers' compensation,
disability benefits or similar law.
3. "Bodily injury" sustained by
a. An
individual Named
Insured while
"occupying" or when struck by any vehicle
owned by that Named Insured that is not a
covered "auto" for Uninsured Motorists
Coverage under this Coverage Form;
b. Any "family member" while "occupying" or
when struck by any vehicle owned by that
"family member" that is not a covered "auto"
for Uninsured Motorists Coverage under
this Coverage Form; or

Page 2 of 4

c. Any "family member" while "occupying" or


when struck by any vehicle owned by the
Named Insured that is insured for
Uninsured Motorists Coverage on a primary
basis under any other Coverage Form or
policy.
4. Anyone using a vehicle without a reasonable
belief that the person is entitled to do so.

5. Punitive or exemplary damages.


6. "Bodily injury" arising directly or indirectly out
of:

a. War, including undeclared or civil war;


b. Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any
government, sovereign or other authority
using military personnel or other agents; or

c. Insurrection, rebellion, revolution, usurped


power, or action taken by governmental
authority in hindering or defending against
any of these.
D. Limit Of Insurance
1 . Regardless of the number of covered "autos",
"insureds", premiums paid, claims made or
vehicles involved in the "accident", the most we
will pay for all damages resulting from any one
"accident" is the Limit Of Insurance for
Uninsured Motorists Coverage shown in the
Declarations.
2. No one will be entitled to receive duplicate
payments for the same elements of "loss"
under this coverage and any Liability Coverage
Payments
Coverage
form,
Medical
endorsement,
Underinsured
Motorists
Coverage endorsement or Uninsured Motorists
Coverage endorsement.

We will not make a duplicate payment under


this coverage for any element of "loss" for
which payment has been made by or for
anyone who is legally responsible.
We will not pay for any element of "loss" if a
person is entitled to receive payment for the
same element of "loss" under any workers'
compensation, disability benefits or similar law.

Insurance Services Office, Inc, 2012

CA31231013
James River Policy - 049

E. Changes In Conditions

The Conditions are changed


Motorists Coverage as follows:

c. A person seeking coverage from an insurer,


for

Uninsured

1. Other Insurance in the Auto Dealers and


Business Auto Coverage Forms and Other
Insurance - Primary And Excess Insurance
Provisions in the Motor Carrier Coverage

Form are replaced by the following:


If there is other applicable insurance available
under one or more policies or provisions of
coverage:
a. The maximum recovery under all Coverage
Forms or policies combined may equal but
not exceed the highest applicable limit for
any one vehicle under any Coverage Form
or policy providing coverage on either a
primary or excess basis.

b. Any insurance we provide with respect to a


vehicle the Named Insured does not own
shall be excess over any other collectible
uninsured motorists insurance providing
coverage on a primary basis.

c.

If the coverage under this Coverage Form


is provided:
(1) On a primary basis, we will pay only our

share of the loss that must be paid


under insurance providing coverage on
a primary basis. Our share is the
proportion that our limit of liability bears
to the total of all applicable limits of
liability for coverage on a primary basis.
(2) On an excess basis, we will pay only our

share of the loss that must be paid


under insurance providing coverage on
an excess basis. Our share is the
proportion that our limit of liability bears
to the total of all applicable limits of
liability for coverage on an excess basis.

2. Duties In The Event Of Accident, Claim, Suit


Or Loss in the Business Auto and Motor
Carrier Coverage Forms and Duties In The
Event Of Accident, Claim, Offense, Suit,
Loss Or Acts, Errors Or Omissions in the

Auto Dealers Coverage Form are changed by


adding the following:
a. Promptly notify the police if a hit-and-run
driver is involved; and
b. Promptly send us copies of the legal papers
if a "suit" is brought

CA31231013

owner or operator of a vehicle described in


Paragraph b. of the definition of "uninsured
motor vehicle" must also promptly notify us
in writing of a tentative settlement between
the "insured" and the insurer of the vehicle
described in Paragraph b. of the definition
of "uninsured motor vehicle" and allow us to
advance payment to that "insured" in an
amount equal to the tentative settlement
within 30 days after receipt of notification to
preserve our rights against the insurer,
owner or operator of such vehicle described
in Paragraph b. of the definition of
"uninsured motor vehicle".
3. The Legal Action Against Us Condition is
replaced by the following:
Legal Action Against Us

a. No one may bring a legal action against us


under this Coverage Form until there has
been full compliance with all the terms of
.this Coverage Form.
b. Any legal action against us under this

Coverage Form must be brought within two


years after the date of the "accident".
However, this Paragraph 3.b. does not
apply to an "insured" if, within two years
after the date of the "accident":
(1) We

and the "insured" agree to


arbitration in accordance with the
provisions of th.is endorsement; or

(2) The "insured" has filed an action for

"bodily injury" against the owner or


operator of a vehicle described in
Paragraph b. of the definition of
"uninsured motor vehicle" and such
action is:
(a) Filed in a court of competent
jurisdiction; and
(b) Not barred by the applicable statute
of limitations.
In the event that the two-year time limitation
identified in this condition does not apply,
the applicable statute of limitations will
govern legal action against us under this
Coverage Form.
4. Transfer Of Rights Of Recovery Against
Others To Us is changed by adding the

following
If we make any payment and the "insured"
recovers from another party, the "insured" shall
hold the proceeds in trust for us and pay us
back the amount we have paid.

Insurance Services Office, Inc., 2012

Page 3 of 4
James River Policy - 050

Our rights do not apply under this provision


with respect to damages caused by an
"accident" with a vehicle described in
Paragraph b. of the definition of "uninsured
motor vehicle" if we:

a. Have been given prompt written notice of a


tentative settlement between an "insured"
and the insurer of a vehicle described in
Paragraph b. of the definition of "uninsured
motor vehicle" and
b. Fail to advance payment to the "insured" in
an amount equal to the tentative settlement
within 30 days after receipt of notification.
If we advance payment to the "insured" in an
amount equal to the tentative settlement within
30 days after receipt of notification:
a. That payment will be separate from any
amount the "insured" is entitled to recover
under the provisions of Uninsured Motorists
Coverage; and
b. We also have a right to recover the
advance payment.
5. The following condition is added:
Arbitration

a. If we and an "insured" disagree whether the


"insured" is legally entitled to recover
damages from the owner or driver of an
"uninsured motor vehicle" or do not agree
as to the amount of damages that are
recoverable by that "insured", then the
matter may be arbitrated. However,
disputes concerning coverage under this
endorsement may not be arbitrated. Both
parties must agree to arbitration. If so
agreed, each party will select an arbitrator.
The two arbitrators will select a third. If they
cannot agree within 30 days, either may
request that selection be made by a judge
of a court having jurisdiction. Each party will
pay the expenses it incurs and bear the
expenses of the third arbitrator equally.

b. Unless both parties agree otherwise,


arbitration will take place in the county in
which the "insured" lives. Local rules of law
as to arbitration procedure and evidence
will apply. A decision agreed to by two of
the arbitrators will be binding.

Page 4 of 4

F. Additional Definitions

As used in this endorsement:


1. "Family member" means a person related to an
individual Named Insured by blood, marriage
or adoption who is a resident of such Named
lnsured's household, including a ward or foster
child.
2. "Occupying" means in, upon, getting in, on, out
or off.
3. "Uninsured motor vehicle" means a land motor
vehicle or "trailer":
a. For which no liability bond or policy at the

time of an "accident" provides at least the


amounts required by the applicable law
where a covered "auto" is principally
garaged;
b. That is an underinsured motor vehicle. An
underinsured motor vehicle is a land motor
vehicle or "trailer" for which the sum of all
liability bonds or policies at the time of an
"accident" provides at least the amounts
required by the applicable law where a
covered "auto" is principally garaged but
that sum is less than the Limit of Insurance
of this coverage;

c. For which an insuring or bonding company


denies coverage or is or becomes
insolvent; or
d. That is a hit-and-run vehicle and neither the
driver nor owner can be identified. The
vehicle must hit an "insured", a covered
"auto" or a vehicle an "insured" is
"occupying".
However, "uninsured motor vehicle" does not
include any vehicle:
a. Owned or operated by a self-insurer under
any applicable motor vehicle law, except a
self-insurer who is or becomes insolvent
and cannot provide the amounts required
by that motor vehicle law;
b. Owned by a governmental unit or agency;
or
c. Designed for use mainly off public roads
while not on public roads.

Insurance Services Office, Inc., 2012

CA31231013
James River Policy - 051

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

POLICY CHANGES
Policy Change
Number 1
POLICY NUMBER

POLICY CHANGES
EFFECTIVE

COMPANY

CA4361 OOFL-00

12/2112014 12 01 AM
Standard Time at the
address of the Named
Insured

James River Insurance Company

NAMED INSURED
Rasier LLC Rasier-CA LLC Rasier-DC, Rasier-PA LLC

AUTHORIZED REPRESENTATIVE
Richard J. Schmitzer

COVERAGE PARTS AFFECTED


ALL COVERAGE PARTS
CHANGES

The following endorsement is added:


JA5701 US 01-15 Definition of Uberdriver Application

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

Authorized Representative Signature

IL1201 04-03
1/6/2015 lb

Page 1of1

James River Policy - 052

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DEFINITION OF UBERDRIVER APPLICATION


This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
The following definition is added to SECTION V - DEFINITIONS
Q.

"UberDriver application" means any smartphone application licensed by Uber Technologies, Inc.
which is utilized by a Rideshare Driver to receive requests for transportation from passengers.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

JA5701 US 01-15

Page1of1
James River Policy - 053