Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1216788
`06/21/2022
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`ESTTA Tracking number:
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`Filing date:
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`Proceeding no.
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`Party
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`Correspondence
`address
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`Submission
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`Filer's name
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`Signature
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`Attachments
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91254186
`
`Defendant
`U.S. Risk, LLC
`
`SCOTT T GRIGGS
`GRIGGS BERGEN LLP
`12900 PRESTON ROAD, SUITE 204
`DALLAS, TX 75230
`UNITED STATES
`Primary email: scott@griggslaw.com
`Secondary email(s): maria@griggslaw.com
`214-653-2400
`Defendant's Notice of Reliance
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`Scott T. Griggs, Attorney
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`team@griggslaw.com
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`/Scott Griggs/
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`06/21/2022
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`02 Notice of Reliance - First.pdf(37133 bytes )
`02 USR 0045-0282 Reduced_Part11.pdf(4110287 bytes )
`02 USR 0045-0282 Reduced_Part12.pdf(4007082 bytes )
`02 USR 0045-0282 Reduced_Part13.pdf(4115290 bytes )
`02 USR 0045-0282 Reduced_Part14.pdf(3969414 bytes )
`02 USR 0045-0282 Reduced_Part15.pdf(3616140 bytes )
`02 USR 0045-0282 Reduced_Part16.pdf(4191668 bytes )
`02 USR 0045-0282 Reduced_Part17.pdf(2147470 bytes )
`
`

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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`WESTGUARD INSURANCE COMPANY,
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` Opposer,
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`v.
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`U.S. RISK, LLC
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` Applicant.
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`Opposition No.: 91254186
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`APPLICANT’S NOTICE OF RELIANCE
`Applicant Notice of Reliance Pursuant to TBMP 704.02
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`Pursuant to TBMP 704.02, Applicant hereby makes of record in connection with this
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`opposition a copy of the following Exhibits:
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`EXHIBIT
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`USR 0045-0282
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`DESCRIPTION
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`File Wrapper for Application No.
`77/786,135 BIZGUARD PLUS
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`

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`Dated this 21st day of June 2022.
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`Respectfully submitted,
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`/Scott Griggs/
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`Scott T. Griggs
`TX Bar No. 24032254
`Griggs Bergen LLP
`Providence Towers, East Tower
`5001 Spring Valley Road, Suite 1175E
`Dallas, Texas 75244
`214.653.2400 Tel
`E-mail: scott@griggslaw.com
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`Counsel for Applicant
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true copy of the foregoing NOTICE OF RELIANCE was served by
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`email on Opposer’s Attorney of Record, Jeffrey H. Kaufman, as required by the Trademark Trial
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`and Appeal Board this 21st day of June 2022 upon the following:
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`Jeffrey H. Kaufman
`jhk@techmark.com
`Angel Riordan
`AMR@TechMark.com
`Kim Kanelopoulos
`klk@techmark.com
`Neil Greenstein
`NDG@techmark.com
`TechMark Greenstein Law, P.C.
`1751 Pinnacle Drive, Suite 1000
`Tysons, Virginia 22102
`
`
`/Robert Hobbs/
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`Date: June 21, 2022
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`By:
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`Robert D. Hobbs
`Paralegal & Chief Practice Assistant to Scott Griggs
`Griggs Bergen LLP
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`

`

`BUSINESSOWNER’S COVERAGE FORM
`
`
`
`(a) Deliver materials or services to you,
`or to others for your account. But
`services does
`not mean water,
`communication or power supply ser-
`vices;
`
`(b) Accept your products or services;
`(c) Manufacture your products for deliv-
`ery to your customers under contract
`for sale; or
`
`(4) Dependent property means_property (2) We will pay for expenses incurred to
`
`owned by others whom you depend on
`remove or
`replace obstructions when
`to:
`repairing or replacing glass that is part
`of a building. This does not include re-
`moving or replacing window displays.
`o. Fire Extinguisher Systems Recharge
`Expense
`(1)
`Wewill pay:
`(a) The cost of recharging or replacing,
`whichever
`is
`less, your
`fire extin-
`guishers and fire extinguishing sys-
`tems (including hydrostatic testing if
`needed) if they are discharged on or
`within 100 feet of
`the described
`
`(5)
`
`(2)
`
`(3)
`
`(d) Attract customers to your business.
`The dependent property must be located
`premises; and
`in the coverageterritory of this policy.
`(b) For
`loss or damage to Covered
`The coverage period for Business In-
`Property if such loss or damage is
`come under this Additional Coverage:
`the result of an accidental discharge
`of chemicals fromafire extinguisher
`(a) Begins 72 hours after the time of
`or a fire extinguishing system.
`direct
`physical
`loss
`or damage
`caused by or resulting from any Cov-
`No coverage will apply if the fire extin-
`ered Cause of Loss at the premises
`guishing system is discharged during in-
`of the dependentproperty; and
`stallation or testing.
`(b) Ends on the date when the property
`The most we will pay under this Addi-
`at
`the premises of
`the dependent
`tional Coverage is $5,000 in any one
`occurrence.
`property should be repaired,
`rebuilt
`or replaced with reasonable speed
`and similar quality.
`The Business Income coverage period,
`as stated in Paragraph (5), does not in-
`clude any increased period required due
`to the enforcement of any ordinance or
`law that:
`
`(6)
`
`(a) Regulates the construction, use or
`repair, or requires the tearing down
`of any property; or
`(b) Requires any insured or others to
`test for, monitor, clean up, remove,
`contain, treat, detoxify or neutralize,
`or in any way respond to, or assess
`the effects of "pollutants".
`
`p. Electronic Data
`(1)
`Subject to the provisions of this Addi-
`tional Coverage, wewill pay for the cost
`to replace or restore "electronic data"
`which has been destroyed or corrupted
`by a Covered Cause of Loss. To the ex-
`tent that "electronic data" is not replaced
`or restored, the loss will be valued at the
`cost of
`replacement of
`the media on
`which the "electronic data" was stored,
`with blank media of substantially identi-
`cal type.
`The Covered Causes of Loss applicable
`to Business Personal Property include a
`computer virus, harmful code or similar
`instruction introduced into or enacted on
`The expiration date of this policy will not
`a computer system (including "electronic
`reduce the Business Income coverage
`data") or a network to which it
`is con-
`period.
`nected, designed to damage or destroy
`The definition of Business Income con-
`any part of
`the system or disrupt
`its
`tained in the Business Income Addi-
`normal operation. But there is no cover-
`tional Coverage also applies to this
`age for loss or damage caused byorre-
`Business
`Income
`From Dependent
`sulting from manipulation of a computer
`Properties Additional Coverage.
`system (including "electronic data") by
`n. Glass Expenses
`any employee, including a temporary or
`leased employee, or by an entity re-
`(1) Wewill pay for expensesincurred to put
`tained by you, or for you, to inspect, de-
`up temporary plates or board up open-
`sign,
`install, modify, maintain, repair or
`ings if repair or replacement of damaged
`replace that system.
`glass is delayed.
`
`BP 00 03 01 10
`
`(2)
`
`(7)
`
`Page 10 of 48
`
`Includes copyrighted material of the Insurance Services Office, Inc., used with its permission.
`
`USR 0148
`USR 0148
`
`

`

`BIZGUARD PLUS
`
`(3) The most we will pay under this Addi-
`tional Coverage — Electronic Datafor all
`loss or damage sustained in any one
`policy year, regardless of the number of
`occurrences of
`loss or damage or the
`number of premises,
`locations or com-
`puter
`systems
`involved,
`is $10,000,
`unless a higher Limit of Insurance is
`shown in the Declarations.
`If loss pay-
`ment on the first occurrence does not
`exhaust this amount, then the balanceis
`available for subsequent loss or damage
`sustained in, but not after,
`that policy
`year. With respect
`to an occurrence
`which begins in one policy year and
`continues or results in additional loss or
`damage in a subsequent policy year(s),
`all loss or damage is deemed to be sus-
`tained in the policy year in which the oc-
`currence began.
`q. Interruption Of Computer Operations
`(1)
`Subject
`to all provisions of
`this Addi-
`tional Coverage, you may extend the in-
`surance that applies to Business Income
`and Extra Expense to apply to a sus-
`pension of "operations" caused by an in-
`terruption in computer operations due to
`destruction or corruption of "electronic
`data" due to a Covered Cause of Loss.
`
`(2)
`
`With respect to the coverage provided
`under
`this Additional Coverage,
`the
`Covered Causes of Loss are subject to
`the following:
`(a) Coverage under this Additional Cov-
`erage — Interruption Of Computer
`Operations is limited to the "specified
`causesof loss" and Collapse.
`(b) If
`the Businessowners Coverage
`Form is endorsed to add a Covered
`Cause of Loss, the additional Cov-
`ered Cause of Loss does not apply
`to the coverage provided under this
`Additional Coverage.
`(c) The Covered Causes of Lossinclude
`a computer virus, harmful code or
`similar instruction introduced into or
`enacted on a computer system (in-
`cluding “electronic data") or a net-
`work to which it
`is connected, de-
`signed to damage or destroy any
`part of the system or disrupt its nor-
`mal operation. But there is no cover-
`age for an interruption related to ma-
`nipulation of
`a computer
`system
`(including "electronic data") by any
`employee,
`including a temporary or
`
`(3)
`
`(4)
`
`leased employee, or by an entity re-
`tained by you, or for you, to inspect,
`design,
`install, modify, maintain, re-
`pair or replace that system.
`The most we will pay under this Addi-
`tional Coverage — Interruption Of Com-
`puter Operations for all
`loss sustained
`and expense incurred in any one policy
`year, regardless of the number ofinter-
`ruptions or the number of premises,
`lo-
`cations or computer systems involved, is
`$10,000 unless a higher Limit of Insur-
`ance is shown in the Declarations.
`If
`loss payment relating to the first
`inter-
`ruption does not exhaust this amount,
`then the balance is available for loss or
`expense sustained or incurred as a re-
`sult of subsequent interruptions in that
`policy year. A balance remaining at the
`end of a policy year does not increase
`the amount of insurance in the next pol-
`icy year. With respectto any interruption
`which begins in one policy year and
`continues or results in additional loss or
`expense in a subsequent policy year(s),
`all loss and expense is deemed to be
`sustained or incurred in the policy year
`in which the interruption began.
`This Additional Coverage — Interruption
`Of Computer Operations does not apply
`to loss sustained or expense incurred
`after the end of the "period of restora-
`tion", even if
`the amount of insurance
`stated in (3) above has not been ex-
`hausted.
`
`(6)
`
`(5)
`
`Coverage for Business Income does not
`apply when a suspension of "operations"
`is caused by destruction or corruption of
`“electronic data", or any loss or damage
`to "electronic data", except as provided
`under Paragraphs (1) through (4) of this
`Additional Coverage.
`Coverage for Extra Expense does not
`apply when action is taken to avoid or
`minimize a suspension of "operations"
`caused by destruction or corruption of
`“electronic data", or any loss or damage
`to "electronic data", except as provided
`under Paragraphs (1) through (4) of this
`Additional Coverage.
`r. Limited Coverage For "Fungi", Wet Rot
`Or Dry Rot
`(1)
`The coverage described in Paragraphs
`r.(2) and r.(6) only applies when the
`"fungi", wet rot or dry rot are the result of
`a "specified cause of
`loss" other than
`
`BP 00 03 01 10
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`Page 11 of 48
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`USR 0149
`USR 0149
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`

`

`BUSINESSOWNER’S COVERAGE FORM
`
`(2)
`
`(3)
`
`(4)
`
`lightning that occurs during the
`fire or
`policy period and only if all reasonable
`means were used to save and preserve
`the property from further damage at the
`time of and after that occurrence.
`
`loss or damage by
`We will pay for
`"fungi", wet rot or dry rot. As used in this
`Limited Coverage,
`the term loss or
`damage means:
`loss or damage to
`(a) Direct physical
`Covered Property caused by "fungi",
`wetrot or dry rot, including the cost
`of removal of the "fungi", wet rot or
`dry rot;
`(b) The cost to tear out and replace any
`part of the building or other property
`as needed to gain access to the
`“fungi", wet rot or dry rot; and
`(c) The cost of testing performed after
`removal, repair, replacement or res-
`toration of the damaged property is
`completed, provided there is a rea-
`son to believe that "fungi", wet rot or
`dry rot are present.
`this
`The coverage described under
`Limited Coverage is limited to $15,000.
`Regardless of the number of claims, this
`limit is the most wewill pay for the total
`of all loss or damage arising out of all
`occurrences
`of
`"specified causes of
`loss" (other than fire or lightning) which
`take place in a 12-month period (starting
`with the beginning of the present annual
`policy period). With respect to a particu-
`lar occurrence of loss which results in
`"fungi", wet rot or dry rot, we will not pay
`more than the total of $15,000 evenif
`the "fungi", wet rot or dry rot continues
`to be present or active, or recurs,
`in a
`later policy period.
`The coverage provided underthis Lim-
`ited Coverage does not
`increase the
`applicable Limit of
`Insurance on any
`Covered Property.
`If a particular occur-
`rence results in
`loss or damage by
`"fungi", wet rot or dry rot, and other loss
`or damage, wewill not pay more, for the
`total of all loss or damage, than the ap-
`plicable Limit of
`Insurance on the af-
`fected Covered Property.
`
`If there is covered loss or damage to
`Covered
`Property,
`not
`caused
`by
`"fungi", wet rot or dry rot, loss payment
`will not be limited by the terms of this
`Limited Coverage, except to the extent
`that "fungi", wet rot or dry rot causes an
`increase in the loss. Any such increase
`in the loss will be subject to the terms of
`this Limited Coverage.
`(5) The terms of this Limited Coverage do
`not
`increase or
`reduce the coverage
`provided under
`the Water Damage,
`Other Liquids, Powder Or Molten Mate-
`rial Damage or Collapse Additional Cov-
`erages.
`
`(6) The following applies only if Business
`Income and/or Extra Expense Coverage
`applies to the described premises and
`only if
`the suspension of "operations"
`satisfies all the terms and conditions of
`the applicable Business Income and/or
`Extra Expense Additional Coverage.
`(a)
`If the loss which resulted in "fungi",
`wet rot or dry rot does not in itself
`necessitate a suspension of "opera-
`tions", but such suspension is nec-
`essary due to loss or damage to
`property caused by "fungi", wet rot or
`dry rot, then our payment under the
`Business Income and/or Extra Ex-
`penseis limited to the amountof loss
`and/or expense sustained in a period
`of not more than 30 days. The days
`need not be consecutive.
`
`(b)
`
`If a covered suspension of "opera-
`tions" was caused by loss or damage
`other than "fungi", wet rot or dry rot,
`but remediation of "fungi", wet rot or
`dry rot prolongs the "period of resto-
`ration", we will pay for loss and/or
`expense sustained during the delay
`(regardless of when such a delay
`occurs during the "period of restora-
`tion"), but such coverage is limited to
`30 days. The days need not be con-
`secutive.
`
`6. Coverage Extensions
`In addition to the Limits of Insurance of Section
`| — Property, you may extend the insurance
`providedbythis policy as provided below.
`Except as otherwise provided, the following Ex-
`tensions apply to property located in or on the
`building described in the Declarations or in the
`open(or in a vehicle) within 100 feet of the de-
`scribed premises.
`
`
`Page 12 of 48
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`BP 00 03 01 10
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`USR 0150
`USR 0150
`
`

`

`BIZGUARD PLUS
`
`a. Newly Acquired Or Constructed
`Property
`(1) Buildings
`lf this policy covers Buildings, you may
`extend that insurance to apply to:
`(a) Your new buildings while being built
`on the described premises; and
`(b) Buildings you acquire at premises
`other than the one described,
`in-
`tended for:
`
`(i) Similar use as the building de-
`scribed in the Declarations; or
`
`(ii) Use as a warehouse.
`The most we will pay for loss or damage
`under
`this Extension is $250,000 at
`each building.
`(2) Business Personal Property
`lf this policy covers Business Personal
`Property, you may extend that insurance
`to apply to:
`
`Property,
`Personal
`(a) Business
`including such property that you
`newly acquire, at any location
`you acquire;
`Property,
`Personal
`(b) Business
`including such property that you
`newly acquire,
`located at your
`newly constructed or acquired
`buildings
`at
`the
`location de-
`scribed in the Declarations; or
`(c) Business Personal Property that
`you newly acquire, located at the
`described premises.
`This Extension does not apply to per-
`sonal property that you temporarily ac-
`quire in the course of installing or per-
`forming work on such property or your
`wholesale activities.
`
`The most we will pay for loss or damage
`under
`this Extension is $100,000 at
`each building.
`(3) Period Of Coverage
`With respect to insurance on or at each
`newly acquired or constructed property,
`coverage will end when any of the fol-
`lowing first occurs:
`(a) This policy expires;
`(b) 30 days expire after you acquire the
`property or begin construction of that
`part of the building that would qualify
`as covered property; or
`
`(c) You report values to us.
`We will charge you additional premium
`for values reported from the date you
`acquire the property or begin construc-
`tion of that part of the building that would
`qualify as covered property.
`b. Personal Property Off-premises
`You may extend the insurance provided by
`this policy to apply to your Covered Prop-
`erty, other than "money" and "securities",
`“valuable papers and records" or accounts
`receivable, while it is in the course of transit
`or at a premises you do not own, lease or
`operate. The most we will pay for loss or
`damage under this Extension is $10,000.
`. Outdoor Property
`You may extend the insurance provided by
`this policy to apply to your outdoor fences,
`radio and television antennas (including
`satellite dishes), signs (other than signs at-
`tached to buildings),
`trees, shrubs and
`plants,
`including debris removal expense.
`Loss or damage must be caused by or re-
`sult
`from any of
`the following causes of
`loss:
`
`(1) Fire:
`(2) Lightning;
`(3) Explosion;
`(4) Riot or Civil Commotion; or
`(5) Aircraft.
`The most we will pay for loss or damage
`under this Extension is $2,500, unless a
`higher Limit of Insurance for Outdoor Prop-
`erty is shown in the Declarations, but not
`more than $1,000 for any one tree, shrub or
`plant.
`. Personal Effects
`
`You may extend the insurance that applies
`to Business Personal Property to apply to
`personal effects owned by you, your offi-
`cers, your partners or "members", your
`"managers" or your employees. This exten-
`sion does not apply to:
`(1) Tools or equipment used in your busi-
`ness; or
`
`(2) Loss or damageby theft.
`The most we will pay for loss or damage
`under this Extension is $2,500 at each de-
`scribed premises.
`
`BP 00 03 01 10
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`Page 13 of 48
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`USR 0151
`USR 0151
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`

`

`BUSINESSOWNER’S COVERAGE FORM
`
`e. Valuable Papers And Records
`(1)
`You may extend the insurance that
`applies to Business Personal Property
`to apply to direct physical loss or dam-
`age to "valuable papers and records"
`that you own, or that are in your care,
`custody or control caused by or resulting
`from a Covered Cause of Loss. This
`Coverage Extension includes the cost to
`research, replace or restore the lost in-
`formation on "valuable papers and re-
`cords" for which duplicates do notexist.
`This Goverage Extension does not apply
`to:
`
`(2)
`
`(3)
`
`(4)
`
`(5)
`
`for
`
`(a) Property held as samples or
`delivery after sale; and
`(b) Property in storage away from the
`premises shown in the Declarations.
`The most we will pay under this Cover-
`age Extension for loss or damage to
`"valuable papers and records" in any
`one occurrence at the described prem-
`ises is $10,000, unless a higher Limit of
`Insurance for "valuable papers and re-
`cords" is shown in the Declarations.
`
`For "valuable papers and records" not at
`the described premises, the most wewill
`pay is $5,000.
`Loss or damageto "valuable papers and
`records"will be valued at the cost of res-
`toration or replacement of the lost or
`damaged information. To the extent that
`the contents of the "valuable papers and
`records" are not restored, the "valuable
`papers and records" will be valued at
`the cost of replacementwith blank mate-
`rials of substantially identical type.
`Paragraph B. Exclusions in Section I -
`Property does not apply to this Cover-
`age Extension exceptfor:
`(a) Paragraph
`B.1.c., Governmental
`Action;
`
`(b) Paragraph B.1.d., Nuclear Hazard;
`(c) Paragraph B.1.f., War And Military
`Action;
`
`(d) Paragraph B.2.f., Dishonesty;
`(e) Paragraph B.2.g., False Pretense;
`(f) Paragraph B.2.m.(2),
`Errors Or
`Omissions; and
`
`f. Accounts Receivable
`
`(1) You may extend the insurance that
`applies to Business Personal Property
`to apply to accounts receivable. We will
`pay:
`
`(a) All amounts due from your custom-
`ers that you are unable to collect;
`(b) Interest charges on any loan re-
`quired to offset amounts you are un-
`able to collect pending our payment
`of these amounts;
`
`(c) Collection expenses in excess of
`your normal collection expensesthat
`are made necessary by loss or dam-
`age; and
`(d) Other reasonable expenses that you
`incur to reestablish your records of
`accounts receivable;
`
`loss or
`that result from direct physical
`damage by any Covered Cause of Loss
`to your records of accounts receivable.
`(2) The most we will pay under this Cover-
`age Extension for loss or damage in any
`one occurrence at the described prem-
`ises is $10,000, unless a higher Limit of
`Insurance for accounts receivable is
`shown in the Declarations.
`
`For accounts receivable not at the de-
`scribed premises, the most we will pay
`is $5,000.
`
`(3) Paragraph B. Exclusions in Section | —
`Property does not apply to this Cover-
`age Extension exceptfor:
`(a) Paragraph
`B.1.c., Governmental
`Action;
`
`(b) Paragraph B.1.d., Nuclear Hazard;
`(c) Paragraph B.1.f., War And Military
`Action;
`
`(d) Paragraph B.2.f., Dishonesty;
`(e) Paragraph B.2.g., False Pretense;
`(f) Paragraph B.3.; and
`(g) Paragraph B.6., Accounts Receiv-
`able Exclusion.
`
`B. Exclusions
`
`1. We will not pay for loss or damage caused
`directly or indirectly by any of
`the following.
`Such loss or damageis excluded regardless of
`any other cause or event that contributes con-
`currently or in any sequence to the loss. These
`exclusions apply whether or not the loss event
`results in widespread damage or affects a sub-
`stantial area.
`
`
`(g) Paragraph B.3.
`
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`BIZGUARD PLUS
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`a. Ordinance Or Law
`
`(1) The enforcement of any ordinance or
`law:
`
`(a) Regulating the construction, use or
`repair of any property; or
`(b) Requiring the tearing down of any
`property, including the cost of remov-
`ing its debris.
`(2) This exclusion, Ordinance Or Law, ap-
`plies whether the loss results from:
`(a) An ordinance or law that is enforced
`even if
`the property has not been
`damaged; or
`incurred to
`(b) The
`increased costs
`comply with an ordinance or law in
`the course of construction,
`repair,
`renovation, remodeling or demolition
`of property or removal of its debris,
`following a physical loss to that prop-
`erty.
`b. Earth Movement
`
`(1) Earthquake, including any earth sinking,
`rising or shifting related to such event;
`(2) Landslide,
`including any earth sinking,
`rising or shifting related to such event:
`(3) Mine subsidence, meaning subsidence
`of a man-made mine, whether or not
`mining activity has ceased;
`(4) Earth sinking (other than sinkhole col-
`lapse),
`rising or shifting including soil
`conditions which cause settling, crack-
`ing or other disarrangement of founda-
`tions or other parts of realty. Soil condi-
`tions
`include
`contraction,
`expansion,
`freezing,
`thawing, erosion,
`improperly
`compacted soil and the action of water
`under the ground surface.
`if Earth Movement, as described in
`But
`Paragraphs (1) through (4) above, results in
`fire or explosion, we will pay for the loss or
`damage causedbythatfire or explosion.
`(5) Volcanic eruption, explosion or effusion.
`But if volcanic eruption, explosion or ef-
`fusion results
`in
`fire, building glass
`breakage or volcanic action, we will pay
`for the loss or damage caused by that
`fire, building glass breakage or volcanic
`action.
`
`loss or
`Volcanic action means direct
`damageresulting from the eruption of a
`volcano when the loss or damage is
`caused by:
`
`(a) Airborne volcanic blast or airborne
`shock waves;
`
`(b) Ash, dust or particulate matter; or
`(c) Lava flow.
`All volcanic eruptions that occur within
`any 168-hour period will constitute a sin-
`gle occurrence.
`include the
`Volcanic action does not
`cost to remove ash, dust or particulate
`matter that does not cause direct physi-
`cal loss of or damage to Covered Prop-
`erty.
`c. Governmental Action
`
`Seizure or destruction of property by order
`of governmental authority.
`But wewill pay for loss or damage caused
`by or resulting from acts of destruction or-
`dered by governmental authority and taken
`at the time of a fire to prevent its spread, if
`the fire would be covered underthis policy.
`. Nuclear Hazard
`
`Nuclear reaction or radiation, or radioactive
`contamination, however caused.
`
`But if nuclear reaction or radiation, or radio-
`active contamination, results in fire, we will
`pay for the loss or damage caused bythat
`fire.
`
`. Utility Services
`The failure of power, communication, water
`or other utility service supplied to the de-
`scribed premises, however caused,
`if the
`failure:
`
`(1) Originates away from the described
`premises; or
`the described premises,
`(2) Originates at
`but only if such failure involves equip-
`ment used to supply the utility service to
`the described premises from a source
`away from the described premises.
`Failure of any utility service includes lack of
`sufficient capacity and reduction in supply.
`Loss or damage caused by a surge of
`poweris also excluded,
`if the surge would
`not have occurred but for an event causing
`a failure of power.
`But if the failure or surge of power, or the
`failure of communication, water or other util-
`ity service, results in a Covered Cause of
`Loss, we will pay for the loss or damage
`caused by that Covered Causeof Loss.
`
`
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`BUSINESSOWNER’S COVERAGE FORM
`
`Communication services include but are not
`limited to service relating to Internet access
`or accessto any electronic, cellular or satel-
`lite network.
`
`This exclusion does not apply to loss or
`damage to "computer(s)" and "electronic
`data".
`
`f. War And Military Action
`(1) War, including undeclared or civil war;
`(2) Warlike action by a military force, includ-
`ing action in hindering or defending
`against an actual or expected attack, by
`any government, sovereign or other au-
`thority using military personnel or other
`agents; or
`
`(3)
`
`revolution,
`rebellion,
`Insurrection,
`usurped power, or action taken by gov-
`ernmental authority in hindering or de-
`fending against any of these.
`g. Water
`(1) Flood, surface water, waves (including
`tidal wave and tsunami), tides, tidal wa-
`ter, overflow of any body of water, or
`spray from any of these, all whether or
`not driven by wind (including storm
`surge);
`(2) Mudslide or mudflow;
`(3) Water that backs up or overflows or is
`otherwise discharged from a sewer,
`drain,
`sump,
`sump pump or
`related
`equipment;
`(4) Water under the ground surface press-
`ing on, or flowing or seeping through:
`(a) Foundations, walls, floors or paved
`surfaces;
`
`(b) Basements, whether pavedor not; or
`(c) Doors, windows or other openings:
`or
`
`(5) Waterborne material carried or other-
`wise moved by any of the water referred
`to in Paragraph (1), (3) or (4), or mate-
`rial carried or otherwise moved by mud-
`slide or mudflow.
`
`of
`regardless
`applies
`exclusion
`This
`in Paragraphs
`whether any of the above,
`(1) through (5), is caused by an act of na-
`ture or is otherwise caused. An example of
`a situation to which this exclusion applies is
`the situation where a dam, levee, seawall or
`other boundary or containment system fails
`in whole or in part, for any reason, to con-
`tain the water.
`
`in Paragraphs (1)
`But if any of the above,
`through (5),
`results in fire, explosion or
`sprinkler leakage, wewill pay for the loss or
`damage caused by that fire, explosion or
`sprinkler leakage.
`h. Certain Computer-related Losses
`(1) The failure, malfunction or inadequacy
`of:
`
`(a) Any of the following, whether belong-
`ing to any insured or to others:
`(i) "Computer" hardware,
`including
`microprocessors or other elec-
`tronic data processing equipment
`as may be described elsewhere
`in this policy;
`(ii) "Computer" application software
`or other "electronic data" as may
`be described elsewhere in this
`policy;
`operating
`(iii) "Computer"
`and related software;
`
`systems
`
`(iv) "Computer" networks;
`("computer"
`(v) Microprocessors
`chips) not part of any "computer"
`system: or
`
`(vi) Any other computerized or elec-
`tronic equipment or components;
`or
`
`(b) Any other products, and any ser-
`vices, data or functions that directly
`or indirectly use or rely upon,
`in any
`manner, any of the items listed in
`Paragraph (a) above;
`due to the inability to correctly recog-
`nize, distinguish, interpret or accept one
`or more dates or times. An example is
`the inability of computer software to rec-
`ognize the year 2000.
`design,
`(2) Any
`advice,
`consultation,
`evaluation, inspection, installation, main-
`tenance, repair, replacement or supervi-
`sion provided or done by you or for you
`to determine, rectify or test for, any po-
`tential or actual problems described in
`Paragraph (1) above.
`However,
`if excluded loss or damage, as
`described in Paragraph (1) above results in
`a "specified cause of loss" under Section | —
`Property, we will pay only for the loss or
`damage caused by such "specified cause
`of loss".
`
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`BIZGUARD PLUS
`
`(4) Electromagnetic waves or microwaves.
`But if fire results, we will pay for the loss or
`damage causedbyfire.
`We will pay for loss or damage to "com-
`puter(s)" due to artificially generated elec-
`trical, magnetic or electromagnetic energyif
`such loss or damageis causedbyor results
`from:
`
`(2)
`
`took place within
`(1) An occurrence that
`100 feet of the described premises; or
`Interruption of electric power supply,
`power surge, blackout or brownout if the
`cause of such occurrence took place
`within 100 feet of the described prem-
`ises,
`
`We will not pay for repair, replacement or
`modification of any items in Paragraph
`(1)(a) or (1)(b) to correct any deficiencies or
`change any features.
`i. "Fungi", Wet Rot Or Dry Rot
`Presence, growth, proliferation, spread or
`any activity of "fungi", wet rot or dry rot.
`But if "fungi", wet rot or dry rot result in a
`"specified cause of loss", we will pay for the
`loss or damage caused by that "specified
`cause of loss".
`
`This exclusion does not apply:
`(1) When "fungi", wet rot or dry rot result
`from fire or lightning; or
`(2) To the extent that coverage is provided
`in the Limited Coverage For "Fungi",
`Wet Rot Or Dry Rot Additional Cover-
`age, with respect to loss or damage by a
`causeof loss other thanfire or lightning.
`j. Virus Or Bacteria
`(1) Any virus, bacterium or other microor-
`ganism that induces or is capable of in-
`ducing physical distress,
`illness or dis-
`ease,
`
`b. Consequential Losses
`Delay, loss of use or loss of market.
`. Smoke, Vapor, Gas
`Smoke, vapor or gas from agricultural
`smudging or industrial operations.
`. Steam Apparatus
`Explosion of steam boilers, steam pipes,
`steam engines or steam turbines owned or
`leased by you, or operated under your con-
`trol. But if explosion of steam boilers, steam
`pipes, steam engines or steam turbines re-
`sults in fire or combustion explosion, we will
`pay for the loss or damage caused by that
`fire or combustion explosion. We will also
`pay for loss or damage caused byor result-
`ing from the explosion of gases or fuel
`within the furnace of any fired vessel or
`within the flues or passages through which
`the gases of combustion pass.
`e. Frozen Plumbing
`Water, other liquids, powder or molten ma-
`terial
`that
`leaks or flows from plumbing,
`heating, air conditioning or other equipment
`(except fire protective systems) caused by
`or resulting from freezing, unless:
`(1) You do your best to maintain heat in the
`building or structure; or
`(2) You drain the equipment and shut off
`the supplyif the heat is not maintained.
`. Dishonesty
`Dishonest or criminal acts by you, anyone
`else with an interest in the property, or any
`of your or their partners, "members", offi-
`(1) Electrical current, including arcing;
`cers,
`"managers",
`employees, directors,
`(2) Electrical charge produced or conducted
`trustees, aut