Document JJ3p10e8wgLbNDY5nNMmgLp2Z

NOTICE OF CANCELLATION, NONRENEWAL OR DECLINATION OF INSURANCE (Texas) INSURANCE . CIGNA INSURANCE COMPANY OF TEXAS COMPANY NAME AND . UTEX INDUSTRIES, INC. ADDRESS (SEE ENDORSEMENT) Of insured P-O- BOX 79227 HOUSTON, TEXAS 77279 PLAINTIFF'S EXHIBIT KIND OF POLICY COMMERCIAL UMBRELLA LIABILITY policy NO XOO GO 53 41 06 1 CANCELLATION OR EXPIRATION WILL TAKE EFFECT AT 5-20-91 (OATCl OATE OF MAILING. 5-24-91 12:01 AM IMOUR-STANOARO TIME) ISSUED THROUGH AGENCY OR OFFICE AT: SAN ANTONIO, TEXAS 531 TED W. ALLEN & ASSOCIATES HOUSTON, TEXAS CANCEL LATION (Applicable item merited t) 1 1 You are hereby notified In accordance with the terms and conditions ot the above mentioned policy, and in accordance with law. that your insurance will cease at and from the hour and date mentioned above. 1 I Cancellation is due to nonpayment of premium See the "Important Notices" section below for other information that may apply. C You are hereby notified in accordance with the terms and conditions ot the above mentioned policy, and in accordance with law. that your insurance will cease at and from the hour and date mentioned above. Upon your request, we will provide you with a written statement of the reason(s) for the cancellation See the "Important Notices" section below for other information that may apply. n You are hereby notified m accordance with the terms and conditions of the above mentioned policy, and in accordance with law. that your insurance will cease at and from the hour and date mentioned above. Reisonlt) for cancellation: Premium Adjustment See tbe "Important Notices" section below for other information that may apply. If the premium has been paid, premium adjustment will be made as soon as practicable after cancellation becomes effective. If the premium has not been paid, a bill for tbe premium earned to the time of cancellation will be forwarded in due course D Other NON RENEWAL ffl You are hereby notified in accordance with the terms and conditions of the above mentioned policy, and in accordance with law. that the above mentioned policy will expire effective at and from the hour and date mentioned above and the policy will NOT be renewed Upon your request, we will provide you with a written statement of the reason(s) for the nonrenewal See the "Important Notices" section below for other information that may apply D You are hereby notified in accordance with the terms and conditions of the above mentioned policy, and in accordance with law. that the above mentioned policy will expire effective at and from the hour and date mentioned above and the policy will NOT be renewed Reason(s) for nonrenewal: DECLIN ATION OF INSURANCE See the "Important Notices" section below for other information that may apply 1--r Your application for the kind of insurance mentioned above has been declined '--' Upon your request, we will provide you with a written statement of the reason(s) for the declination of insurance See the "Important Notices" section below tor other information that may apply IMPORTANT Other Information, if any: NOTICES Consumer Report In compliance with the fair Credit Reporting Act (Public Law 91-508). you are hereby informed that the action taken above is being taken wholly | | or partly because of Information contained in a consumer report from the following consumer reporting agency SV407 (Ed 12 88) UNIFORM PRINTING & SUPPLY INC t 1988 NAME) INSURED'S COPY f T. AUTHORIZED REPRESENTATIVE UTEX 000433 DECLARATIONS -- COMMERCIAL UMBRELLA LIABILITY POLICY POLICY IDENTIFICATION xoo j GO5341061 CIGNA Insurance Company of the Midwest Atlantic Employers Insurance Company D CIGNA Insurance Company of Illinois NAMED INSURED UTBX INDUSTRIES, IRC. (See Endorsemeot) POST OFFICE BOX 79227 HOUSTON, TEXAS 77279 CIGNA Insurance Company of Ohio (Z) CIGNA Insurance Company of Texas TED W. ALLEN & ASSOCIATES 5847 San Felipe, Suite 1590 Houston. Texas 77057-3009 (713) 789-0789 POLICY IS SI New Renewal Rewrite of_______________________ NAMED INSURED IS. 9 Corporation Individual Partnership _________________ BUSINESS OF INSURED MANUFACTURERS OF INDUSTRIAL HOt-MKTAT.T.Tr imnaMr. pprappry POLICY PERIOD Prom 05-30-90___________ To 05-20-91 12:01 A M. Standard Time at your Mailing Address shown above RETROACTIVE DATE NOT KPPLICABUS Enter Date, or "None" (if no "Retroactive Date" applies) or "Not Applicable" (if no "Claims-Made" coverage is provided) If any portion of this policy provides insurance on a "claims-made" basis, then this insurance does not apply to injury or damage covered on a "claims-made" basis which occurs before the date shown above or the "Retroactive Date" applicable to the underlying insurance, whichever is later. LIMITS OF INSURANCE Each "Incident" & 2,000,000_______ Policy Aggregate $__ 2rQQPrQP Each "Incident" "Retained Limit" "Underlying Insurance" or $__TO,OOP DROP DOWN COVERAGE With respect to claims for damages, covered by this policy for any reason other than the exhaustion of "underlying insurance" limits, this policy will respond on D a "claims-made" basis; or Ge! an other than "claims-made" basis (Place an "x" in the appropriate box) XS-4R51a (Eo 1 C/87) Printed in U S A CP;G'NAL UTEX 000434 ; I Cat No AA 076775a DECLARATIONS -- COMMERCIAL UMBRELLA LIABILITY POLICY POLICY IDENTIFICATION 1 xoo G05341061 AUDIT PERIOD PREMIUM PAYMENT CONDITIONS Annual Semi-Annual Monthly E Not Subject PREMIUM COMPUTATION Estimated Exciosure Base PLAT CHARGE 4 Rate _ Per TOTAL POLICY PREMIUM * 45.800. PAYMENT PLAN Prepaid (2 Annual Two Payment Four Payment Ten Payment TOTAL DUE WHEN COVERAGE BEGINS $ 45.800 Payment in ______________ Payments of $ 45.800 In the event of cancellation by the Named Insured we will receive and retain not less than $ 4,580. as the minimum policy premium. Premiums Resulting From Audits Are Not Included In The Above FORMS AND ENDORSEMENTS Forms and Endorsements attached to this policy at inception: XS-4RS1 - DBC-CTX XS-SR06 - JACKET--CTX XS-4RS2 - PREMIUM XS-4R53 - SCHBDOIK UNDERLYING XS-4R54 - COVERAGE XS-SR09 - TEXAS AMENDATORY XS-9G14 - EXCLUSION ASBESTOS XS-4R90 - PROPERTY EXCLUSION Countersigned At . By Authorized Agent Date o/a^n XS-4R52 |F1 2/87) Printed inUSA ORIGINAL UTEX 000436 Cat No AA076777 DECLARATIONS -- COMMERCIAL UMBRELLA LIABILITY POLICY POLICY IDENTIFICATION X00 GO5341061 SCHEDULE OF UNDERLYING INSURANCE COMMERCIAL GENERAL LIABILITY POLICY Gnmnanv Pnliry Number Pnliry Pprmri CIGNA INSURANCE CD* TEXAS D24169960 5-20--90 5-20--91 Applicable Limits General Aaareaate <R 2,000,000 Products Completed Operations Aggregate ^ ZfUUVfUvO Personal And Advertising Injury Limit JR 1,000,000 Each Occurrence JR 1,000,000 Fire Damage 1 imit $ 50,000 AUTOMOBILE LIABILITY POLICY Comoanv Policy Number Pnliry Perinri CIGNA INSURANCE co* TEXAS CAL 004511 5-20-90 5-20-91 Bodily Injury and Property Damage Liability OR Bodily Injury Liability Each Person Each Occurrence Property Damage Liability Each Occurrence Standard Workers Compensation and Employers Liability or Stop-Gap Employers Liability Policy Company Pnhcv Number Pnliry Perinri T.B.D. XS-4R53 (Ed 2/87) Primed .n U S A Employers Liability or Stop-Gap Employers Liability Each Accident Disease Each Policy Each Employee ORIGINAL JR 1,000,000 $ s $ <R 100,000 <R 500,000 !R 100,000 UTEX 000437 EXCLUSION -- LIABILITY FOR PROPERTY Named tns^reo utrx INDUSTRIES, INC. Poi'Cv Syn-C'G. Pc. i-y N.-ce' X00 G05341061 issued By (Name r4 .-s-rance Company. Po'.cvPe-oc 5-20-90/91 Endorsement Numoer Elective Oate o< Endorsement 5-20-90 Insen me doi'Cy Tre -e'-a'ce* o' me ''o'T-d'. or s to De compietec only when this endorsement -s ssuea SuCseauent to the preparation o* the po'cy THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM Paragraph 3 h of Section l -- COVERAGES is deleted and replaced with the paragraph checked below h. Property damage to (1) Property you own. (2) Real property in your care, custody or control, and (3) Personal property in your care, custody or control, but only to the extent you are required under contract to provide insurance for the property OR h Property damage to (1) Property you own. (2) Personal property in your care, custody or control, and (3) Real property in your care, custody or control, but only to the extent you are required under contract to provide insurance for the property OR Q h Property damage to (1) Property you own. and (2) Property in your care, custody or control OR h Property damage to but only to the extent excluded by the "underlying insurance xS-4R90a ;a 10/87; P' '"tea .r me o 5 a ORIGINAL Authored Agent aa 07697 la UTEX 000438 EXCLUSION -- ASBESTOS (OKLAHOMA/TEXAS) Named insured UTBX INDUSTRIES, INC. Policy Symbol xoo Po*iCV Number GO5341061 PoIicy Period 5-20-90/91 Issued 0y (Name of insurance Company} CIGNA INSURANCE COMPANY OP TEXAS Endorsement Number Effective Date of Endorsement 5-20-90 insert the policy number The remainder of the information <s to be completed only when this endorsement is issued subseouent to the preparation of me policy THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM In consideration of the premium charged, this insurance does not apply to any loss, demand, claim or "suit" arising out of or related in any way to asbestos or asbestos-containing materials This insurance will not become excess of any reduced or exhausted underlying aggregate limit of liability of the "retained limit"' to the extent such reduction or exhaustion is the result of any loss, demand, claim or "suit " arising out of or related in any way to asbestos or asbestos-containing materials I/We certify acceptance of this endorsement Named Insured(s) XS-9G14 <a 4/87) Printed m the U S A TED W. ALLEN & ASSOCIATES Authorized Agent UTEX 000439 TEXAS AMENDATORY ENDORSEMENT Named Injured UTEX INDUSTRIES, INC. Policy Sycnool XOO Policy Numoer GO5341061 issued Bv {Name c* insurance Company) Policy Period 5-20-90/91 Endorsement Number Effective Date of Endorsement 5-20-90 Insert the do'icv number The remade' of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM We agree to the following changes: 1 The RETROACTIVE DATE and DROP DOWN COVERAGE sections in the Declarations is deleted 2 With respect to "the sentence in the PREMIUM PAYMENTS section of the Declarations, reading, "In the event of cancellation by the Named Insured we will secure and retain not less than & 4,580. as the minimum policy premium," the minimum policy premium may not exceed 10% of the total policy premium. 3 Paragraph 1, The Insuring Agreement, of Section I - COVERAGES is deleted in its entirety and replaced by the following 1 Insuring Agreement In consideration of the payment of premium, and in reliance upon statements made by you during the process of obtaining this insurance and subject to the Limits of Insurance shown in the Declara tions, and all of the exclusions, terms and conditions of this policy, we agree with you as follows. a We will pay to the insured the "ultimate net loss" in excess of the "retained limits" that the insured becomes legally obligated to pay as damages because of "bodily injury," "property damage," "personal injury," or "advertising injury" to which this insurance applies. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly pro vided for elsewhere in this policy. The "bodily injury," "property damage," "personal injury," or "advertising injury" must be caused by an "incident " The "incident" must take place in the "coverage territory " In addition. (1) This insurance applies only to "bodily injury," or "property damage" which occurs during the policy period, (2) This insurance applies to "personal injury," or "advertising injury" only if the "incident" occurred during the policy period, (3) Damage because of "bodily injury" include damages claimed by any person or organiza tion for care, loss of services, or death resulting at any time from the injury; and (4) "Property damage" that is loss of use of tangible property that is not physically injured shall be deemed to occur at the time of the "incident" that caused it. XS*5R09a (Ec 6/891 PtG m u S A UTEX 000440 b We have the right to defend any claim or "suit" against the insured seeking damages for "bodily injury," "property damage," "personal injury," or "advertising injury" to which this insurance applies, but (1) The amount we will pay for "ultimate net loss" is limited as described in SECTION III -- LIMITS OF INSURANCE, (2) At our discretion, we may investigate any "incident" and settle any claim or "suit" that may result, (3) We may defend any claim or "suit" covered by this policy, but which is not covered by any "underlying insurance"; we also may defend such claim or "suit" if the applicable limit of "under lying insurance" is used up; but (4) Our right to defend any existing or future "suits" end when we have used up the applicable Limits of Insurance m payments of judgments or settlements under this policy Paragraph 5, Cancellation, Non Renewal and State Required Conditions of Section IV - CONDITIONS is deleted and replaced by the following 5 Cancellation and Non Renewal a. Cancellation (1) The-first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation (2.a) We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation, stating the reason for cancellation, at least 10 days before the effective date of cancellation. (2 b) If this policy has been in effect for 60 or fewer days, we may cancel for any reason (2 c) If this policy has been in effect for more than 60 days, we may cancel only for one or more of the following reasons: (a) Fraud in obtaining coverage, (b) Failure to pay premiums when due; (c) An increase in hazard within the control of the insured which would produce an increase in rate, (d) Loss of our reinsurance covering all or part of the risk covered by the policy; or (e) If we have been placed in supervision, conservatorship or receivership and the cancellation is approved or directed by the supervisor, conservator or receiver (3) We will mail or deliver our notice to the first Named Insured's last mailing address known to us (4) Notice of cancellation will state the effective date of cancellation The policy will end on that date (5) 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 if we have not made or offered a refund (6) If notice is mailed, proof of mailing will be sufficient proof of notice b Nonrenewal (1) We may elect not to renew this policy by mailing or delivering to the First Named Insured, at the last mailing address known to us, written notice of nonrenewal, stating the reason for nonrenewal, at least 60 days before the expiration date If notice is mailed or delivered less than 60 days before the UTEX 000441 expiration date, this policy will remain in effect until the 61 st day after the date on which the notice is mailed or delivered Earned premium for any period of coverage that extends beyond the expiration date will be computed pro rata based on the previous year's premium (2) If notice is mailed, proof of mailing will be sufficient proof of notice 5. Section V - EXTENDED REPORTING PERIODS is deleted in ns entirety 6 Paragraphs #5 and #14 are deleted from Section VI - DEFINITIONS 7 The phrase, reading, "and any renewal, replacement, and any Extended Reporting Period(s) of those policies," is deleted from paragraph 19, Section VI - DEFINITIONS, and is replaced by "and any renewal and replace ment of those policies " Authored Agent UTEX 000442