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Copyright 2017 Mercury Insurance Services, LLC. All rights reserved. <br />MCA85100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 5 of 6 <br /> <br /> <br /> <br />XIV. WAIVER OF SUBROGATION <br />SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rights Of Recovery <br />Against Others To Us, section is replaced by the following: <br /> 5. Transfer Of Rights Of Recovery Against Others To Us <br /> We waive any right of recovery we may have against any person or organization to <br /> the extent required of you by a written contract executed prior to any "accident" or <br /> "loss", provided that the "accident" or "loss" arises out of the operations <br /> contemplated by such contract. The waiver applies only to the person or <br /> organization designated in such contract. <br /> <br />XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS <br /> SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, <br /> Misrepresentation, or Fraud, the following is added: <br /> Any unintentional omission of or error in information given by you, or unintentional failure <br /> to disclose all exposures or hazards existing as of the effective date or at any time during <br /> the policy period shall not invalidate or adversely affect the coverage for such exposure or <br /> hazard or prejudice your rights under this insurance. However, you must report the <br /> undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. <br /> This provision does not affect our right to collect additional premium or exercise our right <br /> of cancellation or non-renewal. <br /> <br />XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE <br />SECTION IV – BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, b. For Hired <br />Auto Physical Damage Coverage, is replaced by the following: <br /> b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered <br /> "autos" you own: <br /> 1. Any covered "auto" you lease, hire, rent or borrow; and <br /> 2. Any covered "auto" hired or rented by your "employee" under a contract in <br /> that individual "employee's" name, with your permission, while performing <br /> duties related to the conduct of your business. <br /> However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered <br /> "auto". <br /> <br />XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT <br />SECTION IV – BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, the <br />following is added and supersedes any provision to the contrary: <br />e. This insurance is primary to and will not seek contribution from any other insurance <br />available to an additional insured under your policy provided that: <br />(1) The additional insured is a Named Insured under such other insurance; and <br />(2) You have agreed in writing in a contract or agreement that this insurance <br />would be primary and would not seek contribution from any other <br />insurance available to the additional insured. <br /> <br /> <br /> <br />Docusign Envelope ID: 343D145E-2FCA-415A-85EB-2B28A2247676