Preview
FILED: KINGS COUNTY CLERK 01/04/2024 05:42 PM INDEX NO. 524934/2023
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/04/2024
GLOBAL INDEMNITY GROUP, LLC
PRIVACY NOTICE
We at Global Indemnity Group, Inc., which includes Diamond State Insurance
Company, Penn-America Insurance Company, Penn-Patriot Insurance Company, Penn-
Star Insurance Company, United National Insurance Company, and our affiliated
companies and subsidiaries, are required to protect our customers’ nonpublic personal
financial information.
We collect your nonpublic personal financial information from the following sources:
Information obtained from you, including information from your application, such
as name, address, telephone number, social security number, assets and
income.
Information about transactions and experiences, such as your premium payment
and claims history.
Information from a consumer reporting agency, such as your credit history.
WE DO NOT DISCLOSE YOUR NONPUBLIC PERSONAL FINANCIAL
INFORMATION, EXCEPT AS PERMITTED OR REQUIRED BY LAW. WE RESERVE
THE RIGHT, HOWEVER, TO CHANGE THIS POLICY AT ANY TIME. SHOULD THIS
POLICY CHANGE, WE WILL GIVE AFFECTED CUSTOMERS AN OPPORTUNITY
TO DIRECT THAT THEIR NONPUBLIC PERSONAL FINANCIAL INFORMATION
NOT BE DISCLOSED.
We maintain electronic, physical and procedural safeguards that comply with Federal
regulations to protect your nonpublic personal financial information. We limit access to
your nonpublic personal financial information to those employees who need to know
that information to perform their job responsibilities.
We disclose nonpublic personal financial information of former customers to affiliated
and nonaffiliated third parties as permitted by law.
NAA-105 (11/2019) Page 1 of 1
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REQUEST FOR ADDITIONAL INFORMATION
OPTIONAL RETAIL AGENT NAME Pinnacle Risk Solutions
RETAIL AGENT PHONE
REQUIRED INSURED’S PHONE 718-267-0300
IAA-101 (08/2019)
FILED: KINGS COUNTY CLERK 01/04/2024 05:42 PM INDEX NO. 524934/2023
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/04/2024
American Reliable Insurance Company®
Diamond State Insurance Company®
Penn-America Insurance Company®
Penn-Patriot Insurance Company®
Penn-Star Insurance Company®
United National Insurance Company®
Important Notice for Policyholders Regarding Public Health
Emergency
Global Indemnity Group, which includes our affiliated companies and subsidiaries, understands
the challenges facing our policyholders during a public health emergency.
A public health emergency is any event that represents immediate threat to human life or health
and requires prompt action by way of mitigation measures to protect the health of the public.
The event must require action taken by city, county, state or national officials to shut down
businesses or alter operations.
If an emergency order has been declared, at the request of the Named Insured, Global
Indemnity Group may take the following steps to assist policyholders that are active and in good
standing, with no cancellations pending, at the time of the public health emergency:
Minimum Earned Premium Waived: We may waive the minimum earned premium
when the Named Insured requests cancellation of a policy. In such case, the policy will
be cancelled on a pro-rata basis and no short rate penalty will be imposed.
Premium Audit Exposures: We may opt not to endorse the increased sales, receipts or
payroll exposures on the current policy term as a result of a premium audit on the prior
policy term. Any amounts due from the audit will be paid pursuant to the terms of the
policy.
Inspections and Recommendation Compliance Extension: We may give you a 30-
day extension from the original date you were required to comply with critical and non-
critical recommendations. All other inspection and recommendation compliance
requirements remain unchanged.
These accommodations are in addition to any required by the Named Insured’s jurisdiction. If
there is a conflict between a jurisdictional requirement and an accommodation in this memo, the
one most beneficial to the Named Insured will apply.
If you have been affected by a public health emergency, we urge you to contact your insurance
agent.
NAA-238 (02/2021) Page 1 of 2
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The Named Insured must provide its insurance agent with a written request for the assistance
described above, as well as documentation of the mandates impeding the operations of the
business. Any and all accommodations described in this notice are applied at the discretion of
the Global Indemnity Group.
NAA-238 (02/2021) Page 2 of 2
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American Reliable Insurance Company®
Diamond State Insurance Company®
Penn-America Insurance Company®
Penn-Star Insurance Company®
Penn-Patriot Insurance Company®
United National Insurance Company®
CLAIMS REPORTING PROCEDURES
Your Global Indemnity team is committed to providing a quality claims service. In the event of a claim or a
potential claim, there are three convenient ways to report the claim immediately.
Report a Claim
Online: www.global-indemnity.com
Call: 800-788-4780 (available 24/7)
Email: claims@global-indemnity.com
Where to Send Supporting Documentation
Email: claims@global-indemnity.com
Fax: 610-660-8885
Mail: Global Indemnity Group/Claims
P.O. Box 532
Willow Grove, PA 19090
NAA-169 (09/2018) Page 1 of 1
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COMMERCIAL LINES COMMON POLICY DECLARATIONS
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/04/2024
INSURANCE IS PROVIDED BY THE COMPANY DESIGNATED BY AN "X": Stock
PENN-AMERICA INSURANCE COMPANY Company
PENN-STAR INSURANCE COMPANY
PAV0288231 --
PENN PATRIOT INSURANCE COMPANY
Renewal of Number State Control Number
Bala Cynwyd, Pennsylvania 19004 1452747
Rewrite of Number
POLICY NUMBER: PAV0325271
1. NAMED INSURED: BNS BUILDINGS, LLC
DBA:
MAILING ADDRESS: 31-10 37th Avenue
Suite 500
Long Island City, NY 11101
2. POLICY PERIOD: March 30, 2022 March 30, 2023 at 12:01 A.M.
From To
Standard Time at your mailing address shown above.
3. FORM OF BUSINESS: Limited Liability Company OTHER DESC:
4. BUSINESS DESCRIPTION: 94 UNIT APARTMENT BUILDING
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY WE
AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY.
5. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED.
THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. PREMIUM
Commercial General Liability Coverage Part $ 59,117.00
Commercial Property Coverage Part $ NOT COVERED
Commercial Crime Coverage Part $ NOT COVERED
Commercial Inland Marine Coverage Part $ NOT COVERED
Professional Liability Coverage Part $ NOT COVERED
Liquor Liability Coverage Part $ NOT COVERED
Commercial Umbrella Coverage Part $ NOT COVERED
Owners Contractors Protective Coverage Part $ NOT COVERED
TRIA $ NOT COVERED
59,117.00
6. TOTAL PREMIUM PAYABLE AT INCEPTION $
Surplus Lines Tax 2,128.21
$
Stamping Fee 100.50
$
$
$
$
$
Other: $
61,345.71
TOTAL $
7. FORM(S) AND ENDORSEMENT(S) MADE A PART OF THIS POLICY AT THE TIME OF ISSUE:*
AS PER FORM S1007 (12/2000) SCHEDULE OF FORMS AND ENDORSEMENTS ATTACHED
*Omits applicable Forms and Endorsements if shown in specific Coverage Part/Coverage Form Declarations.
THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE PART
DECLARATIONS, COVERAGE PART COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED
TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY.
02647
Agency Code:
Special Risk Underwriting Partners
730 Broad Street By
Clifton, NJ 07013 Authorized Representative
MJF 04/28/2022
S1100(09/2016) Page 1 of 1
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NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/04/2024
COMMERCIAL LINES COMMON POLICY DECLARATIONS
SCHEDULE OF FORMS AND ENDORSEMENTS
POLICY NUMBER: NAMED INSURED:
PAV0325271 BNS Buildings, LLC
Form / Endorsement No. / Edition Date
COMMON POLICY
NAA105 [11-19] GLOBAL INDEMNITY PRIVACY NOTICE
NAA238 [02-21] IMPORTANT NOTICE FOR POLICYHOLDERS REGARDING
PUBLIC HEALTH EMERGENCY
NAA169 [09-18] CLAIMS REPORTING PROCEDURES
S1100 [09-16] PENN-AMERICA COMMON POLICY DECLARATIONS
IL0017 [11-98] COMMON POLICY CONDITIONS
IL0021 [09-08] NUCLEAR ENERGY LIABILITY EXCLUSION
ENDORSEMENT
EAA235 [12-09] NY SERVICE OF SUIT
NAA197 [10-12] IMPORTANT NOTICE ABOUT YOUR INSURANCE CARRIER
EAA100 [01-12] IN WITNESS CLAUSE
EAA146 [12-09] TERRORISM EXCLUSION
S1003 [08-91] MINIMUM EARNED PREMIUM
S2002 [08-02] COMBINED PROVISIONS ENDORSEMENT
S2033 [03-14] LEAD CONTAMINATION EXCLUSION
IL0003 [09-08] CALCULATION OF PREMIUM
IL0985 [12-20] DISCLOSURE PURSUANT TO TERRORISM RISK
INSURANCE ACT
COMMERCIAL GENERAL LIABILITY
S2000 [06-01] GL COVERAGE PART DECLARATIONS
CG0001 [04-13] CGL COVERAGE FORM
S2005 [10-20] ASSAULT OR BATTERY EXCLUSION - DESIGNATED
PREMISES
S2054 [10-20] LIMITED ASSAULT OR BATTERY COVERAGE –
DESIGNATED PREMISES
CG2011 [12-19] AI - MANAGERS OR LESSORS OF PREMISES
CG2026 [12-19] AI - DESIGNATED PERSON OR ORGANIZATION
CG2107 [05-14] EXCLUSION - ACCESS OR DISCLOSURE OF
CONFIDENTIAL OR PERSONAL INFORMATION AND
DATA-RELATED LIABILITY - LIMITED BODILY
INJURY EXCEPTION NOT INCLUDED
CG2109 [06-15] EXCLUSION - UNMANNED AIRCRAFT
CG2144 [04-17] LIMITATION OF COVERAGE TO DESIGNATED
PREMISES OR PROJECT
CG2147 [12-07] EMPLOYMENT RELATED PRACTICES EXCL
CG2155 [09-99] TOTAL POLLUTION EXCLUSION WITH A HOSTILE
FIRE EXCEPTION
CG2132 [05-09] COMMUNICABLE DISEASE EXCLUSION
CG2167 [12-04] FUNGI OR BACTERIA EXCLUSION
CG2196 [03-05] SILICA OR SILICA-RELATED DUST EXCLUSION
CG2426 [04-13] AMENDMENT OF INSURED CONTRACT DEFINITION
EPA1631 [01-18] TOTAL EXCLUSION - PROFESSIONAL SERVICES
EPA1691 [09-12] ANTI-STACKING ENDORSEMENT
EPA1774 [01-17] EXCLUSION - INJURY TO INDEPENDENT CONTRACTORS
EPA1772 [01-17] EXCLUSION - SWIMMING POOL
S1007 (12-2000) Page 1 of 2
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NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/04/2024
COMMERCIAL LINES COMMON POLICY DECLARATIONS
SCHEDULE OF FORMS AND ENDORSEMENTS
POLICY NUMBER: NAMED INSURED:
PAV0325271 BNS Buildings, LLC
Form / Endorsement No. / Edition Date
EPA1833 [01-18] NONCOOPERATION WITH AUDIT
EPA1941 [03-19] AMUSEMENTS OR ACTIVITIES EXCLUSION
CG4014 [12-19] CANNABIS EXCLUSION
S1007 (12-2000) Page 2 of 2
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NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/04/2024
IL 00 17 11 98
COMMON POLICY CONDITIONS
All Coverage Parts included in this policy are subject to the following conditions.
A. Cancellation b. Give you reports on the conditions we find;
1. The first Named Insured shown in the Declara- and
tions may cancel this policy by mailing or de- c. Recommend changes.
livering to us advance written notice of cancel- 2. We are not obligated to make any inspections,
lation. surveys, reports or recommendations and any
2. We may cancel this policy by mailing or deliv- such actions we do undertake relate only to in-
ering to the first Named Insured written notice surability and the premiums to be charged. We
of cancellation at least: do not make safety inspections. We do not un-
a. 10 days before the effective date of cancel- dertake to perform the duty of any person or
lation if we cancel for nonpayment of pre- organization to provide for the health or safety
mium; or of workers or the public. And we do not warrant
that conditions:
b. 30 days before the effective date of cancel-
lation if we cancel for any other reason. a. Are safe or healthful; or
3. We will mail or deliver our notice to the first b. Comply with laws, regulations, codes or
Named Insured's last mailing address known to standards.
us. 3. Paragraphs 1. and 2. of this condition apply
4. Notice of cancellation will state the effective not only to us, but also to any rating, advisory,
date of cancellation. The policy period will end rate service or similar organization which
on that date. makes insurance inspections, surveys, reports
or recommendations.
5. If this policy is cancelled, we will send the first
Named Insured any premium refund due. If we 4. Paragraph 2. of this condition does not apply
cancel, the refund will be pro rata. If the first to any inspections, surveys, reports or recom-
Named Insured cancels, the refund may be mendations we may make relative to certifica-
less than pro rata. The cancellation will be ef- tion, under state or municipal statutes, ordi-
fective even if we have not made or offered a nances or regulations, of boilers, pressure ves-
refund. sels or elevators.
6. If notice is mailed, proof of mailing will be suf- E. Premiums
ficient proof of notice. The first Named Insured shown in the Declara-
B. Changes tions:
This policy contains all the agreements between 1. Is responsible for the payment of all premiums;
you and us concerning the insurance afforded. and
The first Named Insured shown in the Declara- 2. Will be the payee for any return premiums we
tions is authorized to make changes in the terms pay.
of this policy with our consent. This policy's terms F. Transfer Of Your Rights And Duties Under
can be amended or waived only by endorsement This Policy
issued by us and made a part of this policy.
Your rights and duties under this policy may not
C. Examination Of Your Books And Records be transferred without our written consent except
We may examine and audit your books and rec- in the case of death of an individual named in-
ords as they relate to this policy at any time during sured.
the policy period and up to three years afterward. If you die, your rights and duties will be trans-
D. Inspections And Surveys ferred to your legal representative but only while
1. We have the right to: acting within the scope of duties as your legal rep-
resentative. Until your legal representative is ap-
a. Make inspections and surveys at any time; pointed, anyone having proper temporary custody
of your property will have your rights and duties
but only with respect to that property.
IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 o
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NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/04/2024
IL 00 21 09 08
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: C. Under any Liability Coverage, to "bodily injury"
A. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from "hazard-
or "property damage": ous properties" of "nuclear material", if:
(1) With respect to which an "insured" under (1) The "nuclear material" (a) is at any "nuclear
the policy is also an insured under a nuc- facility" owned by, or operated by or on be-
lear energy liability policy issued by Nuclear half of, an "insured" or (b) has been dis-
Energy Liability Insurance Association, Mu- charged or dispersed therefrom;
tual Atomic Energy Liability Underwriters, (2) The "nuclear material" is contained in
Nuclear Insurance Association of Canada "spent fuel" or "waste" at any time pos-
or any of their successors, or would be an sessed, handled, used, processed, stored,
insured under any such policy but for its transported or disposed of, by or on behalf
termination upon exhaustion of its limit of of an "insured"; or
liability; or (3) The "bodily injury" or "property damage"
(2) Resulting from the "hazardous properties" arises out of the furnishing by an "insured"
of "nuclear material" and with respect to of services, materials, parts or equipment in
which (a) any person or organization is re- connection with the planning, construction,
quired to maintain financial protection pur- maintenance, operation or use of any "nuc-
suant to the Atomic Energy Act of 1954, or lear facility", but if such facility is located
any law amendatory thereof, or (b) the "in- within the United States of America, its terri-
sured" is, or had this policy not been issued tories or possessions or Canada, this ex-
would be, entitled to indemnity from the clusion (3) applies only to "property dam-
United States of America, or any agency age" to such "nuclear facility" and any
thereof, under any agreement entered into property thereat.
by the United States of America, or any 2. As used in this endorsement:
agency thereof, with any person or organi-
zation. "Hazardous properties" includes radioactive, toxic
or explosive properties.
B. Under any Medical Payments coverage, to
expenses incurred with respect to "bodily in- "Nuclear material" means "source material", "spe-
jury" resulting from the "hazardous properties" cial nuclear material" or "by-product material".
of "nuclear material" and arising out of the op-
eration of a "nuclear facility" by any person or
organization.
IL 00 21 09 08 © ISO Properties, Inc., 2007 Page 1 of 2
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"Source material", "special nuclear material", and (c) Any equipment or device used for the
"by-product material" have the meanings given processing, fabricating or alloying of "spe-
them in the Atomic Energy Act of 1954 or in any cial nuclear material" if at any time the total
law amendatory thereof. amount of such material in the custody of
"Spent fuel" means any fuel element or fuel com- the "insured" at the premises where such
ponent, solid or liquid, which has been used or ex- equipment or device is located consists of
posed to radiation in a "nuclear reactor". or contains more than 25 grams of pluto-
nium or uranium 233 or any combination
"Waste" means any waste material (a) containing thereof, or more than 250 grams of uranium
"by-product material" other than the tailings or 235;
wastes produced by the extraction or concentra-
tion of uranium or thorium from any ore processed (d) Any structure, basin, excavation, premises
primarily for its "source material" content, and (b) or place prepared or used for the storage or
resulting from the operation by any person or or- disposal of "waste";
ganization of any "nuclear facility" included under and includes the site on which any of the foregoing
the first two paragraphs of the definition of "nuc- is located, all operations conducted on such site
lear facility". and all premises used for such operations.
"Nuclear facility" means: "Nuclear reactor" means any apparatus designed
(a) Any "nuclear reactor"; or used to sustain nuclear fission in a self-
supporting chain reaction or to contain a critical
(b) Any equipment or device designed or used mass of fissionable material.
for (1) separating the isotopes of uranium or
plutonium, (2) processing or utilizing "spent "Property damage" includes all forms of radioac-
fuel", or (3) handling, processing or packag- tive contamination of property.
ing "waste";
Page 2 of 2 © ISO Properties, Inc., 2007 IL 00 21 09 08
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SERVICE OF SUIT CLAUSE
(Method of Suit in the State of New York)
This endorsement modifies insurance provided under the following:
ALL COVERAGE PARTS IN THIS POLICY
We appoint the Superintendent of Insurance of the State of New York and his successor and successors in
office as his and their duly authorized deputies, as the true and lawful attorney of
Penn-Star Insurance Company in and for the State of New York, upon whom all lawful
process may be served in any action, "suit" or proceeding instituted in the State of New York by or on behalf
of any insured or beneficiary against us, arising out of this insurance policy.
EAA-235 (12/2009) Page 1 of 1
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IMPORTANT NOTIFICATION ABOUT YOUR INSURANCE CARRIER
THE INSURER(S) NAMED HEREIN IS (ARE) NOT LICENSED BY THE STATE OF NEW YORK,NOT
SUBJECT TO ITS SUPERVISION, AND IN THE EVENT OF THE INSOLVENCY OF THEINSURER(S),
NOT PROTECTED BY THE NEW YORK STATE SECURITY FUNDS. THE POLICYMAY NOT BE
SUBJECT TO ALL OF THE REGULATIONS OF THE DEPARTMENT OF FINANCIALSERVICES
PERTAINING TO POLICY FORMS.
NAA-197 (10/2012) Page 1 of 1
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In Witness Clause
In Witness Whereof, we have caused this policy to be executed and attested, and, if
required by state law, this policy shall not be valid unless countersigned by our
authorized representative.
Secretary Executive Vice President
EAA-100 (01/2012) Page 1 of 1
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TERRORISM EXCLUSION
This endorsement modifies insurance provided under the following:
ALL PARTS OF THE POLICY
Notwithstanding any other provision of this policy to the contrary, this insurance does
not apply to any loss, cost, expense, damage, injury or economic detriment, whether
arising by contract, operation of law or otherwise whether or not concurrent or in any
sequence with any other cause or event, that in any way, form or manner, directly or
indirectly, arises out of, results from or is caused by “terrorism”, and also including any
action taken in hindering or defending against “terrorism”.
“Terrorism” means any act of force or violence or other illegal means, whether actual,
alleged or threatened, by any person, persons, group, private or governmental entity or
entities, or any other type of organization of any nature whatsoever, whether the identity
of which is known or unknown, that appears to be for political, religious, racial, ethnic,
ideological, ecological or social purposes, objectives or motives and that causes or
appears to be intended to cause:
1. alarm, fright, fear of danger, concern or apprehension for public safety;
2. the interference or disruption of an electronic, communication, information or
mechanical system;
3. the intimidation or coercion of the civilian population, or any governmental body;
or
4. the alteration of the policies, foreign or domestic of any governmental body,
This exclusion does not affect the applicability of, and is in addition to, any exclusion of
war, warlike or military action, whether or not specifically denominated as such.
EAA-146 (12/2009) Page 1 of 1
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NYSCEF DOC. NO. 14 RECEIVED NYSCEF:Stock
01/04/2024
Company
COMMERCIAL GENERAL LIABILITY COVERAGE PART
DECLARATIONS
POLICY NUMBER: PAV0325271
1. NAMED INSURED: BNS BUILDINGS, LLC
2. LIMITS OF INSURANCE - INSURANCE APPLIES ONLY FOR COVERAGE FOR WHICH A LIMIT OF
INSURANCE IS SHOWN.
General Aggregate Limit (Other than Products/Completed Operations) $ 3,000,000
Products/Completed Operations Aggregate Limit + $ Included
Each Occurrence Limit $ 3,000,000
Personal & Advertising Injury Limit $ 3,000,000
Damage to Premises Rented to You Limit $ 100,000 any one premises
Medical Expense Limit $ 5,000 any one person
3. LOCATIONS of all premises you Own, Rent, or Occupy
Address City State Zip
No. 1 1 208-220 Highland Blvd Brooklyn NY 11207
PREMIUM BASIS RATES ADVANCE PREMIUM
Prod/CO All Other Prod/CO All Other
4. CLASS ** Code / Exposure
** If Classifications are Numbered, the coverage applies to the corresponding Location No.
Included 43,790.00
No. 1 Bldg 1 60010 u) 94 Incl 465.854
Apartment Buildings
+PRODUCTS-COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT
No. 1 Bldg 1 e) 1 Incl 2,190.000 Included 2,190.00
Assault or Battery - Limited
No. 1 Bldg 1 o) 1 Incl Flat Included 13,137.00
Increased GL Limit
No.
No.
** If Classifications are Numbered, the coverage applies to the corresponding Location No.
TOTAL: $ 59,117.00
(s) gross sales - per $1000 (c) total cost - per $1000 (m) admissions - per 1000 (e) each
(p) payroll - per $1000 (a) area - per 1000 sq. ft. (u) units (o) other
(t) see classification notes in company or ISO Commercial Lines Manual
5. Policy may be AUDITABLE
6. SPECIFIC GENERAL LIABILITY FORMS/ENDORSEMENTS
As per S1007 [12-00]
This page alone does not provide coverage and must be attached to a Commercial Lines Common Policy Declarations
Common Policy Conditions, Coverage Part Coverage Form(s) and any other applicable forms and endorsements.
S2000 (06/01) Page 1 of 1
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COMMERCIAL GENERAL LIABILITY
CG 00 01 04 13
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage. (2) The "bodily injury" or "property damage"
Read the entire policy carefully to determine rights, occurs during the policy period; and
duties and what is and is not covered. (3) Prior to the policy period, no insured listed
Throughout this policy the words "you" and "your" under Paragraph 1. of Section II – Who Is
refer to the Named Insured shown in the Declarations, An Insured and no "employee" authorized
and any other person or organization qualifying as a by you to give or receive notice of an
Named Insured under this policy. The words "we", "occurrence" or claim, knew that the "bodily
"us" and "our" refer to the company providing this injury" or "property damage" had occurred,
insurance. in whole or in part. If such a listed insured
The word "insured" means any person or organization or authorized "employee" knew, prior to the
qualifying as such under Section II – Who Is An policy period, that the "bodily injury" or
Insured. "property damage" occurred, then any
continuation, change or resumption of such
Other words and phrases that appear in quotation "bodily injury" or "property damage" during
marks have special meaning. Refer to Section V – or after the policy period will be deemed to
Definitions. have been known prior to the policy period.
SECTION I – COVERAGES c. "Bodily injury" or "property damage" which
COVERAGE A – BODILY INJURY AND PROPERTY occurs during the policy period and was not,
DAMAGE LIABILITY prior to the policy period, known to have
occurred by any insured listed under
1. Insuring Agreement
Paragraph 1. of Section II – Who Is An Insured
a. We will pay those sums that the insured or any "employee" authorized by you to give or
becomes legally obligated to pay as damages receive notice of an "occurrence" or claim,
because of "bodily injury" or "property damage" includes any continuation, change or
to which this insurance applies. We will have resumption of that "bodily injury" or "property
the right and duty to defend the insured against damage" after the end of the policy period.
any "suit" seeking those damages. However,
we will have no duty to defend the insured d. "Bodily injury" or "property damage" will be
against any "suit" seeking damages for "bodily deemed to have been known to have occurred
injury" or "property damage" to which this at the earliest time when any insured listed
under Paragraph 1. of Section II – Who Is An
insurance does not apply. We may, at our
discretion, investigate any "occurrence" and Insured or any "employee" authorized by you to
settle any claim or "suit" that may result. But: give or receive notice of an "occurrence" or
claim:
(1) The amount we will pay for damages is
limited as described in Section III – Limits (1) Reports all, or any part, of the "bodily injury"
Of Insurance; and or "property damage" to us or any other
insurer;
(2) Our right and duty to defend ends when we
have used up the applicable limit of (2) Receives a written or verbal demand or
claim for damages because of the "bodily
insurance in the payment of judgments or
settlements under Coverages A or B or injury" or "property damage"; or
medical expenses under Coverage C. (3) Becomes aware by any other means that
"bodily injury" or "property damage" has
No other obligation or liability to pay sums or
occurred or has begun to occur.
perform acts or services is covered unless
explicitly provided for under Supplementary e. Damages because of "bodily injury" include
Payments – Coverages A and B. damages claimed by any person or
organization for care, loss of services or death
b. This insurance applies to "bodily injury" and
resulting at any time from the "bodily injury".
"property damage" only if:
(1) The "bodily injury" or "property damage" is
caused by an "occurrence" that takes place
in the "coverage territory";
CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 16
FILED: KINGS COUNTY CLERK 01/04/2024 05:42 PM INDEX NO. 524934/2023
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/04/2024
2. Exclusions This exclusion applies even if the claims
This insurance does not apply to: against any insured allege negligence or other
wrongdoing in:
a. Expected Or Intended Injury
(a) The supervision, hiring, employment,
"Bodily injury" or "property damage" expected training or monitoring of others by that
or intended from the standpoint of the insured. insured; or
This exclusion does not apply to "bodily injury"
resulting from the use of reasonable force to (b) Providing or failing to provide
protect persons or property. transportation with respect to any
person that may be under the influence
b. Contractual Liability of alcohol;
"Bodily injury" or "property damage" for which if the "occurrence" which caused the "bodily
the insured is obligated to pay damages by injury" or "property damage", involved that
reason of the assumption of liability in a which is described in Paragraph (1), (2) or (3)
contract or agreement. This exclusion does not above.
apply to liability for damages:
However, this exclusion applies only if you are
(1) That the insured would have in the absence in the business of manufacturing, distributing,
of the contract or agreement; or selling, serving or furnishing alcoholic
(2) Assumed in a contract or agreement that is beverages. For the purposes of this exclusion,
an "insured contract", provided the "bodily permitting a person to bring alcoholic
injury" or "property damage" occurs beverages on your premises, for consumption
subsequent to the execution of the contract on your premises, whether or not a fee is
or agreement. Solely fo
Preview
FILED: KINGS COUNTY CLERK 01/04/2024 05:42 PM INDEX NO. 524934/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/04/2024 GLOBAL INDEMNITY GROUP, LLC PRIVACY NOTICE We at Global Indemnity Group, Inc., which includes Diamond State Insurance Company, Penn-America Insurance Company, Penn-Patriot Insurance Company, Penn- Star Insurance Company, United National Insurance Company, and our affiliated companies and subsidiaries, are required to protect our customers’ nonpublic personal financial information. We collect your nonpublic personal financial information from the following sources: Information obtained from you, including information from your application, such as name, address, telephone number, social security number, assets and income. Information about transactions and experiences, such as your premium payment and claims history. Information from a consumer reporting agency, such as your credit history. WE DO NOT DISCLOSE YOUR NONPUBLIC PERSONAL FINANCIAL INFORMATION, EXCEPT AS PERMITTED OR REQUIRED BY LAW. WE RESERVE THE RIGHT, HOWEVER, TO CHANGE THIS POLICY AT ANY TIME. SHOULD THIS POLICY CHANGE, WE WILL GIVE AFFECTED CUSTOMERS AN OPPORTUNITY TO DIRECT THAT THEIR NONPUBLIC PERSONAL FINANCIAL INFORMATION NOT BE DISCLOSED. We maintain electronic, physical and procedural safeguards that comply with Federal regulations to protect your nonpublic personal financial information. We limit access to your nonpublic personal financial information to those employees who need to know that information to perform their job responsibilities. We disclose nonpublic personal financial information of former customers to affiliated and nonaffiliated third parties as permitted by law. NAA-105 (11/2019) Page 1 of 1 FILED: KINGS COUNTY CLERK 01/04/2024 05:42 PM INDEX NO. 524934/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/04/2024 REQUEST FOR ADDITIONAL INFORMATION OPTIONAL RETAIL AGENT NAME Pinnacle Risk Solutions RETAIL AGENT PHONE REQUIRED INSURED’S PHONE 718-267-0300 IAA-101 (08/2019) FILED: KINGS COUNTY CLERK 01/04/2024 05:42 PM INDEX NO. 524934/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/04/2024 American Reliable Insurance Company® Diamond State Insurance Company® Penn-America Insurance Company® Penn-Patriot Insurance Company® Penn-Star Insurance Company® United National Insurance Company® Important Notice for Policyholders Regarding Public Health Emergency Global Indemnity Group, which includes our affiliated companies and subsidiaries, understands the challenges facing our policyholders during a public health emergency. A public health emergency is any event that represents immediate threat to human life or health and requires prompt action by way of mitigation measures to protect the health of the public. The event must require action taken by city, county, state or national officials to shut down businesses or alter operations. If an emergency order has been declared, at the request of the Named Insured, Global Indemnity Group may take the following steps to assist policyholders that are active and in good standing, with no cancellations pending, at the time of the public health emergency: Minimum Earned Premium Waived: We may waive the minimum earned premium when the Named Insured requests cancellation of a policy. In such case, the policy will be cancelled on a pro-rata basis and no short rate penalty will be imposed. Premium Audit Exposures: We may opt not to endorse the increased sales, receipts or payroll exposures on the current policy term as a result of a premium audit on the prior policy term. Any amounts due from the audit will be paid pursuant to the terms of the policy. Inspections and Recommendation Compliance Extension: We may give you a 30- day extension from the original date you were required to comply with critical and non- critical recommendations. All other inspection and recommendation compliance requirements remain unchanged. These accommodations are in addition to any required by the Named Insured’s jurisdiction. If there is a conflict between a jurisdictional requirement and an accommodation in this memo, the one most beneficial to the Named Insured will apply. If you have been affected by a public health emergency, we urge you to contact your insurance agent. NAA-238 (02/2021) Page 1 of 2 FILED: KINGS COUNTY CLERK 01/04/2024 05:42 PM INDEX NO. 524934/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/04/2024 The Named Insured must provide its insurance agent with a written request for the assistance described above, as well as documentation of the mandates impeding the operations of the business. Any and all accommodations described in this notice are applied at the discretion of the Global Indemnity Group. NAA-238 (02/2021) Page 2 of 2 FILED: KINGS COUNTY CLERK 01/04/2024 05:42 PM INDEX NO. 524934/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/04/2024 American Reliable Insurance Company® Diamond State Insurance Company® Penn-America Insurance Company® Penn-Star Insurance Company® Penn-Patriot Insurance Company® United National Insurance Company® CLAIMS REPORTING PROCEDURES Your Global Indemnity team is committed to providing a quality claims service. In the event of a claim or a potential claim, there are three convenient ways to report the claim immediately. Report a Claim Online: www.global-indemnity.com Call: 800-788-4780 (available 24/7) Email: claims@global-indemnity.com Where to Send Supporting Documentation Email: claims@global-indemnity.com Fax: 610-660-8885 Mail: Global Indemnity Group/Claims P.O. Box 532 Willow Grove, PA 19090 NAA-169 (09/2018) Page 1 of 1 FILED: KINGS COUNTY CLERK 01/04/2024 05:42 PM INDEX NO. 524934/2023 COMMERCIAL LINES COMMON POLICY DECLARATIONS NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/04/2024 INSURANCE IS PROVIDED BY THE COMPANY DESIGNATED BY AN "X": Stock PENN-AMERICA INSURANCE COMPANY Company PENN-STAR INSURANCE COMPANY PAV0288231 -- PENN PATRIOT INSURANCE COMPANY Renewal of Number State Control Number Bala Cynwyd, Pennsylvania 19004 1452747 Rewrite of Number POLICY NUMBER: PAV0325271 1. NAMED INSURED: BNS BUILDINGS, LLC DBA: MAILING ADDRESS: 31-10 37th Avenue Suite 500 Long Island City, NY 11101 2. POLICY PERIOD: March 30, 2022 March 30, 2023 at 12:01 A.M. From To Standard Time at your mailing address shown above. 3. FORM OF BUSINESS: Limited Liability Company OTHER DESC: 4. BUSINESS DESCRIPTION: 94 UNIT APARTMENT BUILDING IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. 5. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. PREMIUM Commercial General Liability Coverage Part $ 59,117.00 Commercial Property Coverage Part $ NOT COVERED Commercial Crime Coverage Part $ NOT COVERED Commercial Inland Marine Coverage Part $ NOT COVERED Professional Liability Coverage Part $ NOT COVERED Liquor Liability Coverage Part $ NOT COVERED Commercial Umbrella Coverage Part $ NOT COVERED Owners Contractors Protective Coverage Part $ NOT COVERED TRIA $ NOT COVERED 59,117.00 6. TOTAL PREMIUM PAYABLE AT INCEPTION $ Surplus Lines Tax 2,128.21 $ Stamping Fee 100.50 $ $ $ $ $ Other: $ 61,345.71 TOTAL $ 7. FORM(S) AND ENDORSEMENT(S) MADE A PART OF THIS POLICY AT THE TIME OF ISSUE:* AS PER FORM S1007 (12/2000) SCHEDULE OF FORMS AND ENDORSEMENTS ATTACHED *Omits applicable Forms and Endorsements if shown in specific Coverage Part/Coverage Form Declarations. THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE PART DECLARATIONS, COVERAGE PART COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. 02647 Agency Code: Special Risk Underwriting Partners 730 Broad Street By Clifton, NJ 07013 Authorized Representative MJF 04/28/2022 S1100(09/2016) Page 1 of 1 FILED: KINGS COUNTY CLERK 01/04/2024 05:42 PM INDEX NO. 524934/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/04/2024 COMMERCIAL LINES COMMON POLICY DECLARATIONS SCHEDULE OF FORMS AND ENDORSEMENTS POLICY NUMBER: NAMED INSURED: PAV0325271 BNS Buildings, LLC Form / Endorsement No. / Edition Date COMMON POLICY NAA105 [11-19] GLOBAL INDEMNITY PRIVACY NOTICE NAA238 [02-21] IMPORTANT NOTICE FOR POLICYHOLDERS REGARDING PUBLIC HEALTH EMERGENCY NAA169 [09-18] CLAIMS REPORTING PROCEDURES S1100 [09-16] PENN-AMERICA COMMON POLICY DECLARATIONS IL0017 [11-98] COMMON POLICY CONDITIONS IL0021 [09-08] NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT EAA235 [12-09] NY SERVICE OF SUIT NAA197 [10-12] IMPORTANT NOTICE ABOUT YOUR INSURANCE CARRIER EAA100 [01-12] IN WITNESS CLAUSE EAA146 [12-09] TERRORISM EXCLUSION S1003 [08-91] MINIMUM EARNED PREMIUM S2002 [08-02] COMBINED PROVISIONS ENDORSEMENT S2033 [03-14] LEAD CONTAMINATION EXCLUSION IL0003 [09-08] CALCULATION OF PREMIUM IL0985 [12-20] DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT COMMERCIAL GENERAL LIABILITY S2000 [06-01] GL COVERAGE PART DECLARATIONS CG0001 [04-13] CGL COVERAGE FORM S2005 [10-20] ASSAULT OR BATTERY EXCLUSION - DESIGNATED PREMISES S2054 [10-20] LIMITED ASSAULT OR BATTERY COVERAGE – DESIGNATED PREMISES CG2011 [12-19] AI - MANAGERS OR LESSORS OF PREMISES CG2026 [12-19] AI - DESIGNATED PERSON OR ORGANIZATION CG2107 [05-14] EXCLUSION - ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA-RELATED LIABILITY - LIMITED BODILY INJURY EXCEPTION NOT INCLUDED CG2109 [06-15] EXCLUSION - UNMANNED AIRCRAFT CG2144 [04-17] LIMITATION OF COVERAGE TO DESIGNATED PREMISES OR PROJECT CG2147 [12-07] EMPLOYMENT RELATED PRACTICES EXCL CG2155 [09-99] TOTAL POLLUTION EXCLUSION WITH A HOSTILE FIRE EXCEPTION CG2132 [05-09] COMMUNICABLE DISEASE EXCLUSION CG2167 [12-04] FUNGI OR BACTERIA EXCLUSION CG2196 [03-05] SILICA OR SILICA-RELATED DUST EXCLUSION CG2426 [04-13] AMENDMENT OF INSURED CONTRACT DEFINITION EPA1631 [01-18] TOTAL EXCLUSION - PROFESSIONAL SERVICES EPA1691 [09-12] ANTI-STACKING ENDORSEMENT EPA1774 [01-17] EXCLUSION - INJURY TO INDEPENDENT CONTRACTORS EPA1772 [01-17] EXCLUSION - SWIMMING POOL S1007 (12-2000) Page 1 of 2 FILED: KINGS COUNTY CLERK 01/04/2024 05:42 PM INDEX NO. 524934/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/04/2024 COMMERCIAL LINES COMMON POLICY DECLARATIONS SCHEDULE OF FORMS AND ENDORSEMENTS POLICY NUMBER: NAMED INSURED: PAV0325271 BNS Buildings, LLC Form / Endorsement No. / Edition Date EPA1833 [01-18] NONCOOPERATION WITH AUDIT EPA1941 [03-19] AMUSEMENTS OR ACTIVITIES EXCLUSION CG4014 [12-19] CANNABIS EXCLUSION S1007 (12-2000) Page 2 of 2 FILED: KINGS COUNTY CLERK 01/04/2024 05:42 PM INDEX NO. 524934/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/04/2024 IL 00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation b. Give you reports on the conditions we find; 1. The first Named Insured shown in the Declara- and tions may cancel this policy by mailing or de- c. Recommend changes. livering to us advance written notice of cancel- 2. We are not obligated to make any inspections, lation. surveys, reports or recommendations and any 2. We may cancel this policy by mailing or deliv- such actions we do undertake relate only to in- ering to the first Named Insured written notice surability and the premiums to be charged. We of cancellation at least: do not make safety inspections. We do not un- a. 10 days before the effective date of cancel- dertake to perform the duty of any person or lation if we cancel for nonpayment of pre- organization to provide for the health or safety mium; or of workers or the public. And we do not warrant that conditions: b. 30 days before the effective date of cancel- lation if we cancel for any other reason. a. Are safe or healthful; or 3. We will mail or deliver our notice to the first b. Comply with laws, regulations, codes or Named Insured's last mailing address known to standards. us. 3. Paragraphs 1. and 2. of this condition apply 4. Notice of cancellation will state the effective not only to us, but also to any rating, advisory, date of cancellation. The policy period will end rate service or similar organization which on that date. makes insurance inspections, surveys, reports or recommendations. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we 4. Paragraph 2. of this condition does not apply cancel, the refund will be pro rata. If the first to any inspections, surveys, reports or recom- Named Insured cancels, the refund may be mendations we may make relative to certifica- less than pro rata. The cancellation will be ef- tion, under state or municipal statutes, ordi- fective even if we have not made or offered a nances or regulations, of boilers, pressure ves- refund. sels or elevators. 6. If notice is mailed, proof of mailing will be suf- E. Premiums ficient proof of notice. The first Named Insured shown in the Declara- B. Changes tions: This policy contains all the agreements between 1. Is responsible for the payment of all premiums; you and us concerning the insurance afforded. and The first Named Insured shown in the Declara- 2. Will be the payee for any return premiums we tions is authorized to make changes in the terms pay. of this policy with our consent. This policy's terms F. Transfer Of Your Rights And Duties Under can be amended or waived only by endorsement This Policy issued by us and made a part of this policy. Your rights and duties under this policy may not C. Examination Of Your Books And Records be transferred without our written consent except We may examine and audit your books and rec- in the case of death of an individual named in- ords as they relate to this policy at any time during sured. the policy period and up to three years afterward. If you die, your rights and duties will be trans- D. Inspections And Surveys ferred to your legal representative but only while 1. We have the right to: acting within the scope of duties as your legal rep- resentative. Until your legal representative is ap- a. Make inspections and surveys at any time; pointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 o FILED: KINGS COUNTY CLERK 01/04/2024 05:42 PM INDEX NO. 524934/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/04/2024 IL 00 21 09 08 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: C. Under any Liability Coverage, to "bodily injury" A. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from "hazard- or "property damage": ous properties" of "nuclear material", if: (1) With respect to which an "insured" under (1) The "nuclear material" (a) is at any "nuclear the policy is also an insured under a nuc- facility" owned by, or operated by or on be- lear energy liability policy issued by Nuclear half of, an "insured" or (b) has been dis- Energy Liability Insurance Association, Mu- charged or dispersed therefrom; tual Atomic Energy Liability Underwriters, (2) The "nuclear material" is contained in Nuclear Insurance Association of Canada "spent fuel" or "waste" at any time pos- or any of their successors, or would be an sessed, handled, used, processed, stored, insured under any such policy but for its transported or disposed of, by or on behalf termination upon exhaustion of its limit of of an "insured"; or liability; or (3) The "bodily injury" or "property damage" (2) Resulting from the "hazardous properties" arises out of the furnishing by an "insured" of "nuclear material" and with respect to of services, materials, parts or equipment in which (a) any person or organization is re- connection with the planning, construction, quired to maintain financial protection pur- maintenance, operation or use of any "nuc- suant to the Atomic Energy Act of 1954, or lear facility", but if such facility is located any law amendatory thereof, or (b) the "in- within the United States of America, its terri- sured" is, or had this policy not been issued tories or possessions or Canada, this ex- would be, entitled to indemnity from the clusion (3) applies only to "property dam- United States of America, or any agency age" to such "nuclear facility" and any thereof, under any agreement entered into property thereat. by the United States of America, or any 2. As used in this endorsement: agency thereof, with any person or organi- zation. "Hazardous properties" includes radioactive, toxic or explosive properties. B. Under any Medical Payments coverage, to expenses incurred with respect to "bodily in- "Nuclear material" means "source material", "spe- jury" resulting from the "hazardous properties" cial nuclear material" or "by-product material". of "nuclear material" and arising out of the op- eration of a "nuclear facility" by any person or organization. IL 00 21 09 08 © ISO Properties, Inc., 2007 Page 1 of 2 FILED: KINGS COUNTY CLERK 01/04/2024 05:42 PM INDEX NO. 524934/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/04/2024 "Source material", "special nuclear material", and (c) Any equipment or device used for the "by-product material" have the meanings given processing, fabricating or alloying of "spe- them in the Atomic Energy Act of 1954 or in any cial nuclear material" if at any time the total law amendatory thereof. amount of such material in the custody of "Spent fuel" means any fuel element or fuel com- the "insured" at the premises where such ponent, solid or liquid, which has been used or ex- equipment or device is located consists of posed to radiation in a "nuclear reactor". or contains more than 25 grams of pluto- nium or uranium 233 or any combination "Waste" means any waste material (a) containing thereof, or more than 250 grams of uranium "by-product material" other than the tailings or 235; wastes produced by the extraction or concentra- tion of uranium or thorium from any ore processed (d) Any structure, basin, excavation, premises primarily for its "source material" content, and (b) or place prepared or used for the storage or resulting from the operation by any person or or- disposal of "waste"; ganization of any "nuclear facility" included under and includes the site on which any of the foregoing the first two paragraphs of the definition of "nuc- is located, all operations conducted on such site lear facility". and all premises used for such operations. "Nuclear facility" means: "Nuclear reactor" means any apparatus designed (a) Any "nuclear reactor"; or used to sustain nuclear fission in a self- supporting chain reaction or to contain a critical (b) Any equipment or device designed or used mass of fissionable material. for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent "Property damage" includes all forms of radioac- fuel", or (3) handling, processing or packag- tive contamination of property. ing "waste"; Page 2 of 2 © ISO Properties, Inc., 2007 IL 00 21 09 08 FILED: KINGS COUNTY CLERK 01/04/2024 05:42 PM INDEX NO. 524934/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/04/2024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SERVICE OF SUIT CLAUSE (Method of Suit in the State of New York) This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS IN THIS POLICY We appoint the Superintendent of Insurance of the State of New York and his successor and successors in office as his and their duly authorized deputies, as the true and lawful attorney of Penn-Star Insurance Company in and for the State of New York, upon whom all lawful process may be served in any action, "suit" or proceeding instituted in the State of New York by or on behalf of any insured or beneficiary against us, arising out of this insurance policy. EAA-235 (12/2009) Page 1 of 1 FILED: KINGS COUNTY CLERK 01/04/2024 05:42 PM INDEX NO. 524934/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/04/2024 IMPORTANT NOTIFICATION ABOUT YOUR INSURANCE CARRIER THE INSURER(S) NAMED HEREIN IS (ARE) NOT LICENSED BY THE STATE OF NEW YORK,NOT SUBJECT TO ITS SUPERVISION, AND IN THE EVENT OF THE INSOLVENCY OF THEINSURER(S), NOT PROTECTED BY THE NEW YORK STATE SECURITY FUNDS. THE POLICYMAY NOT BE SUBJECT TO ALL OF THE REGULATIONS OF THE DEPARTMENT OF FINANCIALSERVICES PERTAINING TO POLICY FORMS. NAA-197 (10/2012) Page 1 of 1 FILED: KINGS COUNTY CLERK 01/04/2024 05:42 PM INDEX NO. 524934/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/04/2024 In Witness Clause In Witness Whereof, we have caused this policy to be executed and attested, and, if required by state law, this policy shall not be valid unless countersigned by our authorized representative. Secretary Executive Vice President EAA-100 (01/2012) Page 1 of 1 FILED: KINGS COUNTY CLERK 01/04/2024 05:42 PM INDEX NO. 524934/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/04/2024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TERRORISM EXCLUSION This endorsement modifies insurance provided under the following: ALL PARTS OF THE POLICY Notwithstanding any other provision of this policy to the contrary, this insurance does not apply to any loss, cost, expense, damage, injury or economic detriment, whether arising by contract, operation of law or otherwise whether or not concurrent or in any sequence with any other cause or event, that in any way, form or manner, directly or indirectly, arises out of, results from or is caused by “terrorism”, and also including any action taken in hindering or defending against “terrorism”. “Terrorism” means any act of force or violence or other illegal means, whether actual, alleged or threatened, by any person, persons, group, private or governmental entity or entities, or any other type of organization of any nature whatsoever, whether the identity of which is known or unknown, that appears to be for political, religious, racial, ethnic, ideological, ecological or social purposes, objectives or motives and that causes or appears to be intended to cause: 1. alarm, fright, fear of danger, concern or apprehension for public safety; 2. the interference or disruption of an electronic, communication, information or mechanical system; 3. the intimidation or coercion of the civilian population, or any governmental body; or 4. the alteration of the policies, foreign or domestic of any governmental body, This exclusion does not affect the applicability of, and is in addition to, any exclusion of war, warlike or military action, whether or not specifically denominated as such. EAA-146 (12/2009) Page 1 of 1 FILED: KINGS COUNTY CLERK 01/04/2024 05:42 PM INDEX NO. 524934/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF:Stock 01/04/2024 Company COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS POLICY NUMBER: PAV0325271 1. NAMED INSURED: BNS BUILDINGS, LLC 2. LIMITS OF INSURANCE - INSURANCE APPLIES ONLY FOR COVERAGE FOR WHICH A LIMIT OF INSURANCE IS SHOWN. General Aggregate Limit (Other than Products/Completed Operations) $ 3,000,000 Products/Completed Operations Aggregate Limit + $ Included Each Occurrence Limit $ 3,000,000 Personal & Advertising Injury Limit $ 3,000,000 Damage to Premises Rented to You Limit $ 100,000 any one premises Medical Expense Limit $ 5,000 any one person 3. LOCATIONS of all premises you Own, Rent, or Occupy Address City State Zip No. 1 1 208-220 Highland Blvd Brooklyn NY 11207 PREMIUM BASIS RATES ADVANCE PREMIUM Prod/CO All Other Prod/CO All Other 4. CLASS ** Code / Exposure ** If Classifications are Numbered, the coverage applies to the corresponding Location No. Included 43,790.00 No. 1 Bldg 1 60010 u) 94 Incl 465.854 Apartment Buildings +PRODUCTS-COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT No. 1 Bldg 1 e) 1 Incl 2,190.000 Included 2,190.00 Assault or Battery - Limited No. 1 Bldg 1 o) 1 Incl Flat Included 13,137.00 Increased GL Limit No. No. ** If Classifications are Numbered, the coverage applies to the corresponding Location No. TOTAL: $ 59,117.00 (s) gross sales - per $1000 (c) total cost - per $1000 (m) admissions - per 1000 (e) each (p) payroll - per $1000 (a) area - per 1000 sq. ft. (u) units (o) other (t) see classification notes in company or ISO Commercial Lines Manual 5. Policy may be AUDITABLE 6. SPECIFIC GENERAL LIABILITY FORMS/ENDORSEMENTS As per S1007 [12-00] This page alone does not provide coverage and must be attached to a Commercial Lines Common Policy Declarations Common Policy Conditions, Coverage Part Coverage Form(s) and any other applicable forms and endorsements. S2000 (06/01) Page 1 of 1 FILED: KINGS COUNTY CLERK 01/04/2024 05:42 PM INDEX NO. 524934/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/04/2024 COMMERCIAL GENERAL LIABILITY CG 00 01 04 13 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. (2) The "bodily injury" or "property damage" Read the entire policy carefully to determine rights, occurs during the policy period; and duties and what is and is not covered. (3) Prior to the policy period, no insured listed Throughout this policy the words "you" and "your" under Paragraph 1. of Section II – Who Is refer to the Named Insured shown in the Declarations, An Insured and no "employee" authorized and any other person or organization qualifying as a by you to give or receive notice of an Named Insured under this policy. The words "we", "occurrence" or claim, knew that the "bodily "us" and "our" refer to the company providing this injury" or "property damage" had occurred, insurance. in whole or in part. If such a listed insured The word "insured" means any person or organization or authorized "employee" knew, prior to the qualifying as such under Section II – Who Is An policy period, that the "bodily injury" or Insured. "property damage" occurred, then any continuation, change or resumption of such Other words and phrases that appear in quotation "bodily injury" or "property damage" during marks have special meaning. Refer to Section V – or after the policy period will be deemed to Definitions. have been known prior to the policy period. SECTION I – COVERAGES c. "Bodily injury" or "property damage" which COVERAGE A – BODILY INJURY AND PROPERTY occurs during the policy period and was not, DAMAGE LIABILITY prior to the policy period, known to have occurred by any insured listed under 1. Insuring Agreement Paragraph 1. of Section II – Who Is An Insured a. We will pay those sums that the insured or any "employee" authorized by you to give or becomes legally obligated to pay as damages receive notice of an "occurrence" or claim, because of "bodily injury" or "property damage" includes any continuation, change or to which this insurance applies. We will have resumption of that "bodily injury" or "property the right and duty to defend the insured against damage" after the end of the policy period. any "suit" seeking those damages. However, we will have no duty to defend the insured d. "Bodily injury" or "property damage" will be against any "suit" seeking damages for "bodily deemed to have been known to have occurred injury" or "property damage" to which this at the earliest time when any insured listed under Paragraph 1. of Section II – Who Is An insurance does not apply. We may, at our discretion, investigate any "occurrence" and Insured or any "employee" authorized by you to settle any claim or "suit" that may result. But: give or receive notice of an "occurrence" or claim: (1) The amount we will pay for damages is limited as described in Section III – Limits (1) Reports all, or any part, of the "bodily injury" Of Insurance; and or "property damage" to us or any other insurer; (2) Our right and duty to defend ends when we have used up the applicable limit of (2) Receives a written or verbal demand or claim for damages because of the "bodily insurance in the payment of judgments or settlements under Coverages A or B or injury" or "property damage"; or medical expenses under Coverage C. (3) Becomes aware by any other means that "bodily injury" or "property damage" has No other obligation or liability to pay sums or occurred or has begun to occur. perform acts or services is covered unless explicitly provided for under Supplementary e. Damages because of "bodily injury" include Payments – Coverages A and B. damages claimed by any person or organization for care, loss of services or death b. This insurance applies to "bodily injury" and resulting at any time from the "bodily injury". "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 16 FILED: KINGS COUNTY CLERK 01/04/2024 05:42 PM INDEX NO. 524934/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/04/2024 2. Exclusions This exclusion applies even if the claims This insurance does not apply to: against any insured allege negligence or other wrongdoing in: a. Expected Or Intended Injury (a) The supervision, hiring, employment, "Bodily injury" or "property damage" expected training or monitoring of others by that or intended from the standpoint of the insured. insured; or This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to (b) Providing or failing to provide protect persons or property. transportation with respect to any person that may be under the influence b. Contractual Liability of alcohol; "Bodily injury" or "property damage" for which if the "occurrence" which caused the "bodily the insured is obligated to pay damages by injury" or "property damage", involved that reason of the assumption of liability in a which is described in Paragraph (1), (2) or (3) contract or agreement. This exclusion does not above. apply to liability for damages: However, this exclusion applies only if you are (1) That the insured would have in the absence in the business of manufacturing, distributing, of the contract or agreement; or selling, serving or furnishing alcoholic (2) Assumed in a contract or agreement that is beverages. For the purposes of this exclusion, an "insured contract", provided the "bodily permitting a person to bring alcoholic injury" or "property damage" occurs beverages on your premises, for consumption subsequent to the execution of the contract on your premises, whether or not a fee is or agreement. Solely fo