AUTO CLUB FAMILY
INSURANCE COMPANY
12901 NORTH FORTY DRIVE
ST. LOUIS, MISSOURI 63141
(314) 523-7350
A STOCK COMPANY
A SUBSIDIARY OF THE AUTOMOBILE
CLUB INTER-INSRUANCE EXCHANGE
THIS POLICY BOOKLET, WITH THE DECLARATIONS CERTIFICATE
AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETES THIS
POLICY.
READ YOUR POLICY CAREFULLY
This policy is the legal contract between you and us.
YOUR PREMIER RENTERS POLICY -
QUICK REFERENCE
DECLARATIONS CERTIFICATE
Your Name
Location of Your Residence
Policy Period
Coverages
Amounts of Insurance
Deductible
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Beginning
On Page
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AGREEMENT |
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DEFINITIONS |
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SECTION I - PROPERTY COVERAGES |
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COVERAGE C - Personal Property
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Special Limits of Liability
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Property Not Covered
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COVERAGE D - Loss Of Use
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ADDITIONAL COVERAGES
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Debris Removal
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Reasonable Repairs
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Trees, Shrubs and Other Plants
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Fire Department Service Charge
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Property Removed
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Credit Card, Fund Transfer Card, Forgery and Counterfeit Money
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Loss Assessment
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Collapse
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Glass or Safety Glazing Material
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Building Additions and Alterations
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Ordinance or Law
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SECTION I - PERILS INSURED AGAINST |
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SECTION I - EXCLUSIONS
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SECTION I - CONDITIONS
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Insurable Interest and Limit of Liability
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An Insured's Duties After Loss
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Loss Settlement
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Loss to a Pair or Set
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Glass Replacement
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Appraisal
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Other Insurance
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Suit Against Us
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Our Option
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Loss Payment
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Abandonment of Property
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No Benefit to Bailee
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Nuclear Hazard Clause
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Recovered Property
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Volcanic Eruption Period
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SECTION II - LIABILITY COVERAGES |
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COVERAGE E - Personal Liability
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COVERAGE F - Medical Payments to Others
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SECTION II - EXCLUSIONS |
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SECTION II - ADDITIONAL COVERAGES
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Claim Expenses
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First Aid Expenses
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Damage to Property of Others
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Loss Assessment
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SECTION II - CONDITIONS
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Limit of Liability
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Severability of Insurance
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Duties After Loss
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Duties of an Injured Person - Coverage F - Medical Payments to
Others
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Payment of Claim - Coverage F - Medical Payments ot Others
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Suit Against Us
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Bankruptcy of an Insured
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Other Insurance - Coverage E - Personal Liability
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SECTION I AND II - CONDITIONS |
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Policy Period
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Concealment or Misrepresentation
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Liberalization Clause
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Waiver or Change of Policy Provisions
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Cancellation
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Nonrenewal
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Assignment
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Subrogation
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Death
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HOMEOWNERS 4
CONTENTS BOARD FORM
AGREEMENT
We will provide the insurance described in this
policy in return for the premium and compliance with all applicable
provisions of this policy.
DEFINITIONS
In this policy, "you" an "your"
refer to the named insured shown in the Declaration and the spouse if
a resident of the same household. "We", "us"
and "our" refer to the Company providing this insurance.
In addition, certain words and phrases are defined as follows:
1. "Bodily Injury" means bodily harm,
sickness or disease, including required care, loss of services and death
that results.
2. "Business" includes trade, profession
or occupation.
3. "Insured" means you and residents
of your household who are:
a. Your relatives;
or
b. Other persons under
the age of 21 and in the care of any person named above.
Under Section II, "insured" also means:
c. With
respect to animals or watercraft to which this policy applies, any person
or organization legally responsible for
these animals or watercraft which are owned by you or any person
included in 3.a or 3.b. above. A person or organization
using or having custody of these animals or watercraft in the course of
any business or without consent of
the owner is not an insured;
d. With
respect to any vehicle to which this policy applies:
(1)
Persons while engaged in your employ or
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that
of any person included in 3.a or 3.b. above; or
(2)
Other persons using the vehicle on an insured location with
your expressed consent.
4. "Insured location" means:
a. The residence
premises;
b. The part of other premises, other structures
and grounds used by you as a residence and:
(1)
Which is shown in the Declarations; or
(2) Which
is acquired by you during the policy period for your use
as a residence;
c. Any premises
used by you in connection with a premises in 4.a. and 4.b. above;
d. Any part of a premises:
(1)
Not owned by an insured; and
(2) Where
an insured is temporarily residing;
e. Vacant land, other
than farm land, owned by or rented to an insured;
f. Land owned by or rented to an insured
on which a one or two family dwelling is being built as a residence
for an insured;
g. Individual or family cemetery plots
or burial vaults of an insured; or
h. Any part of a premises occasionally
rented to an insured for other than business use.
5. "Occurrence" means an accident,
including continuous or repeated exposure to substantially the same
general harmful conditions, which results, during the policy period,
in:
a. Bodily injury;
or
b. Property damage.
6. "Property damage" means physical
injury to, destruction of or loss of use of tangible property.
7. "Residence employee" means:
a. An employee
of an insured whose duties are related to the maintenance or use
of the residence premises, including
household or domestic services; or
b. One who performs similar duties elsewhere
not related to the business of an insured.
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8. "Residence premises" means:
a. The one family dwelling, other structures,
and grounds where you reside and which is shown as the residence
premises in the Declarations; or
b. That part of any other building where
you reside and which is shown as the residence premises
in the Declarations.
"Residence premises" also means a two family
dwelling where you reside in at least one of the family units and
which is shown as the residence premises in the Declarations.
The term reside, as used in this definition, means
continuous day-to-day occupancy.
SECTION 1 - PROPERTY COVERAGES
COVERAGE C - Personal Property
We cover personal property owned or used by an insured while it
is anywhere in the world. At your written request, we will
cover personal property owned by:
1. Others while the property is on the part of the residence
premises occupied by an insured; or
2. A guest or a residence employee, while the property is in any
residence occupied by an insured.
Our limit of liability for personal property usually located at an insured's
residence, other than the residence premises, is 10%
of the limit of liability for Coverage C, or $1000, whichever is greater.
Personal property in a newly acquired principal residence is not subject
to this limitation for the 30 days from the time you begin to move
the property there.
Special Limits of Liability. These limits do not increase the
Coverage C limit of liability. The special limit for each numbered category
below is the total limit for each loss for all property in that category.
1. $200 on money, bank notes, bullion, gold other than goldware, silver
other than silverware, platinum, coins and
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medals.
2. $1000 on securities, accounts, deeds, evidences of debt, letters of
credit, notes other than bank notes, manuscripts, personal records, passports,
tickets and stamps. This dollar limit applies to these categories regardless
of the medium (such as paper or computer software) on which the material
exists.
This limit includes the cost to research, replace or restore the information
from the lost or damaged material.
3. $1000 on watercraft, including their trailers, coverings, furnishings,
equipment and outboard engines or motors.
4. $1000 on trailers not used with watercraft.
5. $1000 for loss by theft of jewelry, watches, furs, precious and semi-precious
stones.
6. $2000 for loss by theft of firearms.
7. $2500 for loss by theft of silverware, silver-plated ware, goldware,
gold-plated ware and pewterware. This includes flatware, hollowware, tea
sets, trays and trophies made of our including silver, gold or pewter.
8. $2500 on property, on the residence premises,
used at any time or in any manner for any business purpose.
9. $250 on property, away from the residence premises,
used at any time or in any manner for any business purpose. However,
this limit does not apply to loss to adaptable electronic apparatus as
described in Special Limits 10. and 11. below.
10. $1000 for loss to electronic apparatus,
while in or upon a motor vehicle or other motorized land conveyance, if
the electronic apparatus is equipped to be operated by power from the
electrical system of the vehicle or conveyance while retaining its capability
of being operated by other sources of power. Electronic apparatus includes:
a. Accessories
and antennas; or
b. Tapes,
wires, records, discs or other media;
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for use with any electronic apparatus described in this
item 10.
11. $1000 for loss to electronic apparatus, while not in or upon a
motor vehicle or other motorized land conveyance, if the electronic
apparatus:B
a. Is equipped to be operated
by power from the electrical system of the vehicle or conveyance while
retaining its capability of being operated
by other sources of power;
b. Is away from the residence premises;
and
c. Is used at any time or in any manner
for any business purpose.
Electronic apparatus includes:
a. Accessories or antennas; or
b. Tapes, wires, records, discs or other
media; for use with any electronic apparatus described in this item
11.
Property Not Covered. We do not cover:
1. Articles separately described and specifically insured in
this or other insurance;
2. Animals, birds, or fish;
3. Motor vehicles or all other motorized land conveyances. This includes:
a. Their equipment and
accessories; or
b. Electronic apparatus that is designed
to be operated solely by use of the power from electrical system of motor
vehicles or all other motorized land conveyances.
Electronic apparatus includes:
(1)
Accessories or antenna; or
(2) Tapes,
wires, records, discs or other media;
for use with any electronic
apparatus described in this item 3.b.
The exclusion of property described in 3.a. and 3.b. above applies
only while the property is in or upon the vehicle or conveyance.
We do cover vehicles or conveyances not subject to motor vehicle
registration which are:
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a. Used to service the insured's residence;
or
b. Designed for assisting the handicapped;
4. Aircraft and parts. Aircraft means any contrivance used or designed
for flight, except model or hobby aircraft not used or designed to carry
people or cargo;
5. Property of roomers, boarders and other tenants, except property
of roomers and boarders related to an insured;
6. Property in an apartment regularly rented or held for rental to
others by an insured,
7. Property rented or held for rental to others off the residence
premises;
8. Business data, including such data stored in:
a. Books of account, drawings
or other paper records; or
b. Electronic data processing tapes, wires,
records, discs or other software media;
However, we do cover the cost of blank recording or storage
media and pre-recorded computer programs available on the retail market;
or
9. Credit cards or fund transfer cards except as provided in Additional
Coverages 6.
COVERAGE D - Loss of Use
The limit if liability for Coverage D is the total limit for all the
coverages that follow.
1. If a loss by a Peril Insured Against under this policy to covered
property or the building containing the property, makes the residence
premises not fit to live in, we cover, at your choice,
either of the following. However, if the residence premises is
not your principal place of residence, we will not provide
the option under paragraph b. below:
a. Additional Living
Expense, meaning any necessary increase in living expenses incurred
by you so that your household
can maintain its normal standard of living; or
b. Fair Rental Value,
meaning the fair rental value of that part of the residence premises
where you
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reside less any expenses
that do not continue while the premises is not fit to live in.
Payment under a. or b. will be for the shortest time required to repair
or replace the damage or, if you permanently relocate, the shortest
time required for your household to permanently relocate elsewhere.
2. If a loss covered under this Section makes that part of the residence
premises rented to other or held for rental by you not fit
to live in, we cover the:
Fair Rental Value,
meaning the fair rental value if that part of the residence premises
rented to others or held for rental by you
less any expenses that do not continue while the premises is not fit to
live in.
Payment will be for the shortest time required to repair or replace
that part of the premises rented or held for rental.
3. If a civil authority prohibits you from use of the residence
premises as a result of direct damage to neighboring premises by a
Peril Insured Against in this policy, we cover the additional Living
Expense and Fair Rental Value loss as provided under 1. and 2. above for
no more than two weeks.
The periods of time under 1., 2. and 3. above are not limited by expiration
of this policy.
We do not cover loss or expense due to cancellation of a lease
or agreement.
ADDITIONAL COVERAGES
1. Debris Removal. We will pay your reasonable
expense for the removal of:
a. Debris of covered property
if a Peril Insured Against, that applies to the damaged property, causes
the loss; or
b. Ash, dust or particles
from a volcanic eruption that has caused direct loss to a building or
property contained in a building.
This expense is included in the limit if liability that applies to
the damaged property. If the amount to be paid for the
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actual damage to the property plus the debris removal expense is
more than the limit of liability for the damaged property, an additional
5% of that limit of liability is available for debris removal expense.
We will also pay your reasonable expense,
up to $500, for the removal from the residence premises of:
a. Your tree(s)
felled by the peril of Windstorm or Hail:
b. Your tree(s)
felled by the peril of Weight of Ice, Snow or Sleet; or
c. A neighbor's tree(s)
felled by a Peril Insured Against under Coverage C;
provided the tree(s) damages a covered structure. The $500 limit is
the most we will pay in any one loss beardless of the number of fallen
trees.
2. Reasonable Repairs. In the event that covered property
is damaged by an applicable Peril Insured Against,
we will pay the reasonable cost incurred by you for
necessary measures taken solely to protect against further damage.
If the measures taken involve repair to other damaged property, we
will pay for those measures only if that property is covered under
this policy and the damage to that property is caused by an applicable
Peril Insured Against.
a. Does not increase the
limit of liability that applies to the covered property;
b. Does not relieve you
of your duties, in case of a loss to covered property, as set forth
in SECTION 1 - CONDITION 2.d.
3. Trees, Shrubs and Other Plants. We cover trees, shrubs,
plants or lawns, on the residence premises, for loss caused
by the following Perils Insured Against: Fire or lightening, Explosion,
riot or civil commotion, Aircraft, Vehicles not owned or operated
by a resident of the residence premises, Vandalism or malicious
mischief or theft.
We will pay up to 10% of the limit of liability that applies
to Coverage C, for all trees, shrubs, plants or lawns. No more than
$500 of this limit will be available
for any one
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tree, shrub or plant, We do not over property grown for business
purposes.
This coverage is additional insurance.
4. Fire Department Service Charge. We will pay up to $500
for your liability assumed by contract or agreement for fire department
charges incurred when the fire department is called to save or protect
covered property from a Peril Insured Against. We do not cover
fire department services charges if the property is located within the
limits of the city, municipality or protection district furnishing the
fire department response.
This coverage is additional insurance. No deductible applies to this
coverage.
5. Property Removed. We insure covered property against
direct loss from any cause while being removed from a premises endangered
by a Peril Insured Against and for no more than 30 days while removed.
This coverage does not change the limit of liability that applies to the
property being removed.
6. Credit Card, Fund Transfer Card, Forgery and Counterfeit Money.
We will pay up to $500 for:
a. The legal obligation
of an insured to pay because of the theft or unauthorized use of
credit cards issued to or registered in
an insured's name;
b. Loss resulting from theft
or unauthorized use of a fund transfer card used for deposit, withdrawal
or transfer of funds, issued to or registered
in an insured's name;
c. Loss to an insured
caused by forgery or alteration of any check or negotiable instrument;
and
d. Loss to an insured
though acceptance in good faith of counterfeit United States or Canadian
paper currency.
We do not cover use of a credit card or fund transfer card:
a. By a resident of your
household;
b. By a person who has been
entrusted with either type of card; or
c. If an insured
has not complied with all ternms and conditions under which the cards
are issued.
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All loss resulting from a series of acts committed by any one person
or in which any one person is concerned or implicated is considered
to be one loss.
We do not cover loss arising out of business use or dishonesty
of an insured or an employee of an insured.
This coverage is additional insurance. No deductible applies to this
coverage.
a. We may investigate
and settle any claim or suit that we decide is appropriate. Our
duty to defend a claim or suit ends
when the amount we pay for the loss equals our limit of
liability.
b. If suit is brought
against an insured for liability under the Credit Card or Fund
Transfer Card coverage, we will provide
a defense at our expense by counsel of our choice, subject
to a. above.
c. We have the option
to defend at our expense an insured or an insured's bank
against any suit for the enforcement of
payment under the Forgery coverage.
7. Loss Assessment. We will pay up to $1000 for your
share of loss assessment charged during the policy period against
you by a corporation or association of property owners, when
the assessment is made as a result of direct loss to the property,
owned by all members collectively, caused by a Peril Insured Against
under COVERAGE C - PERSONAL PROPERTY, other than earthquake
or land shock waves or tremors before, during or after a volcanic
eruption.
This coverage applies only to loss assessments charged against
you as owner or tenant of the residence premises.
We do not cover loss assessments charged against you or
a corporation or association of property owners by any governmental
body.
The limit of $1000 is the most we will pay with respect to
any one loss, regardless of the number of assessments.
Condition 1. Policy Period, under SECTIONS I AND II - CONDITIONS,
does not apply to this coverage.
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8. Collapse. We insure for direct physical loss to covered
property involving collapse of a building or any part of a building
caused by one or more of the following:
a. Perils Insured Against
in COVERAGE C - PERSONAL PROPERTY. These perils apply to covered
buildings and personal property for loss
insured by this additional coverage;
b. Hidden decay;
c. Hidden insect or vermin
damage;
d. Weight of contents, equipment,
animals or people;
e. Weight of rain which
collects on a roof; or
f. Use of defective material
or methods in construction, remodeling or renovation if the collapse occurs
during the course of the construction, remodeling
or renovation.
Loss to an awning, fence, patio, pavement, swimming pool, underground
pipe, flue, drain, cesspool, septic tank, foundation, retaining wall,
bulkhead, pier, wharf or dock is not included under items b., c.,
d., e. and f. unless the loss is a direct result of the collapse of
a building.
Collapse does not include settling, cracking, shrinking, bulging
or expansion.
This coverage does not increase the limit of liability applying to
the damaged covered property.
9. Glass or Safety Glazing Material
(1)
The breakage of glass or safety glazing material which is part of a
building, storm door or storm window, and
covered as Building Additions and Alterations;
(2)
The breakage, caused directly by Earth Movement, of glass or safety
glazing material which is part of a building,
storm door or storm window, and covered as Building Additions and Alterations;
and
(3)
The direct physical loss to covered property caused solely by the pieces,
fragments or splinters of broken glass
or safety glazing material which is part of a building, storm door or
storm window.
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b. This coverage does
not include loss:
(1)
To covered property which results because the glass or safety glazing
material has been broken, except as provided
in a.(3) above; or
(2) On the
residence premises if the dwelling has been vacant or unoccupied
for more than 30 consecutive days
immediately before the loss, except when the breakage results directly
from Earth Movement as provided for
in a.(2) above. A dwelling being constructed is not considered vacant.
Loss to glass covered under this ADDITIONAL COVERAGE
9. will be settled on the basis of replacement with safety glazing
materials when required by ordinance or law.
This coverage does not increase the limit of liability that applies
to the damaged property.
10. Building Additions and Alterations. We cover under
Coverage C the building improvements or installations,
made or acquired at your expense, to that part of the residence
premises used exclusively by you. The limit of liability
for this coverage will not be more than 10% of the limit of liability
that applies to Coverage C.
This coverage is additional insurance.
11. Ordinance or Law.
a. You may use
up to 10% of the limit of liability that applies to Building Additions
and Alterations for the increased costs
you incur due to the enforcement of any ordinance or law which
requires or regulates:
(1)
The construction, demolition, remodeling, renovation or repair of that
part of the property covered under ADDITIONAL
COVERAGE 10. Building Additions and Alterations or other structure damaged
by a PERIL INSURED
AGAINST;
(2)
The demolition and reconstruction of the undamaged part of the property
covered under
ADDITIONAL
COVERAGE 10. Building Additions and Alterations or other structure,
when that covered property
or other structure
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must
be totally demolished because of damage by a PERIL INSURED AGAINST to
another part of that property
covered under ADDITIONAL COVERAGE 10. Building Additions and Alterations
or other structure;
or
(3)
The remodeling, removal or replacement of the portion of the undamaged
part of the property covered under
ADDITIONAL COVERAGE 10. Building Additions and Alternations or other
structure necessary to complete
the remodeling, repair or replacement of that part of the property covered
under ADDITIONAL COVERAGE
10. Building Additions and Alterations or other structure damaged by
a PERIL INSURED AGAINST.
b. You may use
all or part of this ordinance or law coverage to pay for the increased
costs you incur to remove debris
resulting from the construction, demolition, remodeling, renovation,
repair or replacement of property as stated
in a. above.
c. We do not
cover:
(1)
The loss in value to any property covered under ADDITIONAL COVERAGE
10. Building Additions and Alterations
or other structure due to the requirements of any ordinance or law;
or
(2)
The costs to comply with any ordinance or law which 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
on any property covered under ADDITIONAL COVERAGE 10. Building Additions
and Alterations
or other structure.
Pollutants
means any solid, liquid, gaseous or thermal irritant or contaminant,
including smoke, vapor, soot, fumes,
acids, alkalis, chemicals and waste. Waste includes materials
to be recycled, reconditioned or reclaimed.
This coverage is additional insurance.
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SECTION I - PERILS INSURED AGAINST
We insure for direct physical loss to the property described in
Coverages C caused by a peril listed below unless the loss is excluded
in SECTION I - EXCLUSIONS.
1. Fire or lightning.
2. Windstorm or hail. This peril does not include loss to the
property contained in a building caused by rain, snow, sleet, sand or
dust unless the direct force of wind or hail damages the building causing
an opening in a roof or wall and the rain, snow, sleet, sand or dust enters
though this opening.
This peril includes loss to watercraft and their trailers, furnishings,
equipment, and outboard engines or motors, only while inside a fully enclosed
building.
3. Explosion.
4. Riot or civil commotion.
5. Aircraft, including self-propelled missiles and spacecraft.
6. Vehicles.
7. Smoke, meaning sudden and accidental damage from smoke.
This peril does not include loss caused by smoke from agricultural smudging
or industrial operations.
8. Vandalism or malicious mischief. This peril does not include
loss to property on the residence premises if the dwelling has
been vacant or unoccupied for more than 30 consecutive days immediately
before the loss. A dwelling being constructed is not considered vacant.
9. Theft, including attempted theft and loss of property form
a known place when it is likely that the property has been stolen.
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This peril does not include loss caused by theft;
a. Committed by an insured;
b. In or to a dwelling under
construction, or of materials and supplies for use in the construction
until the dwelling is finished and occupied;
or
c. From that part of a residence
premises rented by an insured to other than an insured.
This peril does not include loss caused by theft that occurs off the
residence premises of:
a. Property while at any
other residence owned by, rented to or occupied by an insured, except
while an insured is temporarily living
there. Property of a student who is an insured is covered while
living away from home if the student has
been there at any time during the 45 days immediately before the loss;
b. Watercraft, and their
furnishings, equipment and outboard engines or motors; or
c. Trailers and campers.
10. Falling objects. This peril does not include loss to property
contained in a building unless the roof or an outside wall of the building
is first damaged by a falling object. Damage to the falling object itself
is not included.
11. Weight of ice, snow or sleet which causes damage to a building
or property contained in the building.
12. Accidental discharge or overflow of water or steam from
within a plumbing, heating, air conditioning or automatic fire protective
sprinkler system or from within a household appliance.
This peril does not include loss:
a. To the system or appliance
from which the water or steam escaped;
b. Caused by or resulting
from freezing except as provided in the peril of freezing below; or
c. On the residence
premises caused by accidental discharge or overflow which occurs
off the residence premises.
In this peril, a plumbing system does not include a sump, sump pump
or related equipment.
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13. Sudden and accidental tearing apart, cracking, burning or bulging
of a steam or hot water heating system, an air conditioning or automatic
fire protective sprinkler system, or an appliance for heating water.
This peril does not include loss caused by or resulting from freezing
except as provided in the peril of freezing below.
14. Freezing of a plumbing, heating, air conditioning or automatic
fire protective sprinkler system or of a household appliance.
This peril does not include loss on the residence premises while
the dwelling is unoccupied, unless you have used reasonable care
to:
a. Maintain heat in the
building; or
b. Shut off the water supply and drain
the system and appliances of water.
15. Sudden and accidental damage from artificially generated electrical
current. This peril does not include loss to a tube, transistor
or similar electronic component.
16. Volcanic eruption other than loss caused by earthquake,
land shock waves or tremors.
SECTION I - EXCLUSIONS
We do not insure for loss caused directly or indirectly by any
of the following. Such loss is excluded regardless of any other cause
or event contributing concurrently or in any sequence to the loss.
1. Ordinance or Law, meaning any ordinance or law:
a. Requiring or regulating
the construction, demolition, remodeling, renovation or repair of property,
including removal of any resulting debris.
This exclusion 1.a. does not apply to the amount of coverage that may
be provided for under ADDITIONAL COVERAGES,
Glass or Safety Glazing Material or Ordinance or Law;
b. The requirements of which result in a
loss in value to property; or
c. Requiring any insured or other
to test for, monitor, clean up, remove, contain, treat, detoxify or
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neutralize, or in any
way respond to, or assess the effects of pollutants.
Pollutants means any
solid, liquid, gaseous or thermal irritant or contaminant, including
smoke, vapor, soot, fumes, acids, alkalis,
chemicals and waste. Waste includes materials to be recycled, reconditioned
or reclaimed.
This exclusion applies whether or not the property
has been physically damaged.
2. Earth Movement, meaning earthquake including
land shock waves or tremors before, during or after a volcanic eruption;
landslide; mine subsidence; mudflow; earth sinking; rising or shifting;
or any earth movement caused by man or man-made forces unless direct
loss by:
a. Fire;
or
b. Explosion;
ensues and then we will pay only
for the ensuing loss.
This exclusion does not apply to loss by theft.
3. Water damage, meaning:
a. Flood,
surface water, waves, tidal water, overflow of a body of water, or spray
from any of these, whether or not driven
by wind;
b. Water which
backs up through sewers or drains or which overflows from a sump; or
c. Water
below the surface of the ground, including water which exerts pressure
on or seeps or leaks through a building,
sidewalk, driveway, foundation, swimming pool or other structure.
Direct loss by fire, explosion or theft resulting
from water damage is covered.
4. Power failure, meaning the
failure of power or other utility service if the failure takes place
off the residence premises. But, if the failure of power or
other utility service results in a loss, from a Peril Insured Against
on the residence premises, we will pay for the loss or damage
caused by that Peril Insured Against.
5. Neglect, meaning neglect
of the insured to use all
17
reasonable means to save and preserve property at and after the time
of a loss.
6. War, including the following and any consequence of any of
the following:
a. Undeclared war, civil
war, insurrection, rebellion or revolution;
b. Warlike act by a military
force or military personnel; or
c. Destruction, seizure
or use for a military purpose.
Discharge of a nuclear weapon will be deemed a warlike act even if
accidental.
7. Nuclear Hazard, to the extent set forth in the Nuclear Hazard
Clause of SECTION I - CONDITIONS.
8. Intentional Loss, meaning any loss arising out of any act
committed:
a. By or at the expressed
or implied direction of any insured; and
b. With the intent to cause
a loss.
SECTION I - CONDITIONS
1. Insurable Interest and Limit of Liability. Even if more than
one person has an insurable interest in the property covered, we
will not be liable in any one loss:
a. To any insured for
more than the amount of the insured's interest at the time of loss;
or
b. For more than the applicable
limit of liability.
2. An Insured's Duties After Loss. In case of a loss to covered
property, you must see that the following duties are complied with.
We have no duty or obligation to provide any coverage under this
policy unless you or any insured making a claim under this
policy have fully complied with the following conditions and duties:
a. Give prompt notice to us;
b. Notify the police in case of loss by
theft;
c. Notify the credit card or fund transfer
card company in case of loss under Credit Card or Fund Transfer Card coverage;
d. Protect the property from further damage.
If
18
repairs to the property are required,
you must:
(1)
Make reasonable and necessary repairs to protect the property; and
(2) Keep an
accurate record or repair expenses;
e. Prepare and submit to us within
60 days of the loss an inventory of damaged personal property using
the forms we provide showing the
quantity, description, place of purchase, date of purchase, original
cost, actual cash value, replacement cost
and amount you are claiming as a loss. You must attach
all bills, receipts and related documents that
justify the figures in the inventory;
f. As often as we reasonably require:
(1)
Show the damaged property;
(2)
Provide us with the records and documents we request and
permit us to make copies; and
(3)
Any insured must submit to examination under oath, as often as
we may reasonably request, while not in the
presence of any other insured, and sign the same;
g. Send to us, within 60 days
after our request, your signed, sworn proof of loss, using the
form we provide, which sets forth,
to the best of your knowledge and belief:
(1)
The time and cause of loss;
(2)
The interest of the insured and all others in the property involved
and all liens on the property;
(3)
Other insurance which may cover the loss;
(4)
Changes in title or occupancy of the property during the term of the policy;
(5)
Specifications of damaged buildings and detailed repair estimates;
(6) The inventory
of damaged personal property described in 2.e. above;
(7) Receipts
for additional living expenses incurred and records that support the fair
rental value loss; and
(8) Evidence
or affidavit that supports a claim under the Credit Card, Fund Transfer
Card, Forgery and Counterfeit
Money coverage, stating the amount and cause of loss.
h. All insureds must
help us and cooperate with us in the investigation of any
claim presented under this policy.
19
3. Loss Settlement. Covered property losses are settled
at actual cash value at the time of loss but not more than the amount
required to repair or replace.
4. Loss to a Pair or Set. In case of loss to a pair or set we
may elect to:
a. Repair or replace any
part to restore the pair or set to its value before the loss.
b. Pay the difference between
actual cash value of the property before and after the loss.
5. Glass replacement. Loss for damage to glass caused by a Peril
Insured Against will be settled on the basis of replacement with safety
glazing materials when required by ordinance or law.
6. Appraisal. If you and we fail to agree on the
amount of loss, and any insured claiming coverage has complied
with all other conditions of the policy, either may demand an appraisal
of the loss in writing, If both parties agree in writing to appraisal,
and to be bound by the results, each party will choose a competent and
disinterested appraiser within 20 days after receiving a written request
from the other. The two appraisers will choose a disinterested and impartial
umpire. If they connot agree upon an umpire within 15 days, you
or we, upon written notice to the other, may request that the
choice be made by a judge of a court of record in the state where the
residence premises is located. The appraisers shall separately
set the amount of the loss as defined in the policy. If the appraisers
submit a written report of an agreement to us, the amount agreed
upon will be the amount of loss. If they fail to agree, they will submit
their differences to the umpire. A decision agreed by any two will set
the amount of loss.
Each party will:
a. Pay its own appraiser; and
b. Bear the other expenses of the appraisal
and umpire equally.
7. Other Insurance. If a loss covered by this policy is also
covered by other insurance, we will pay only the proportion of the loss
that the limit of liability that applies under this policy bears to
the total amount of insurance covering the loss.
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8. Suit Against Us. No action can be brought unless the policy
provisions have been fully complied with and the action is started within
one year after the date of loss.
9. Our Option. If we give you written notice within
30 days after we receive your signed, sworn proof of loss,
we may repair or replace any part of the damaged property with
like property, at our option.
10. Loss Payment. We will adjust all losses with you.
We will pay you unless some other person is named in the
policy or is legally entitled to receive payment. Loss will be payable
60 days after we receive your proof of loss
a. We reach an agreement
with you;
b. There is an entry of a final judgment;
or
c. There is a filing of an appraisal award
with us.
11. Abandonment of Property. We need not accept any property
abandoned by an insured.
12. No Benefit to Bailee. We will not recognize any assignment
or grant any coverage that benefits a person or organization holding,
storing or moving property for a fee regardless of any other provision
of this policy.
13. Nuclear Hazard Clause.
a. Nuclear Hazard
means any nuclear reaction, radiation or radioactive contamination, all
whether controlled or uncontrolled or however
caused, or any consequence of any of these.
b. Loss caused by the nuclear hazard will
not be considered loss caused by fire, explosion or smoke, whether these
perils are specifically named in or otherwise included within the Perils
Insured Against in Section I.
c. This policy does not apply under Section
I to loss caused directly or indirectly by nuclear hazard, except that
direct loss by fire resulting from the nuclear
hazard is covered.
14. Recovered Property. If you or we recover any
property for which we have made payment under this policy, you
or we will notify the other of the recovery. At
21
your option, the property will be returned to or retained by you
or it will become our property. If the recovered property is returned
to or retained by you, the loss payment will be adjusted based
on the amount you received for the covered property.
16. Volcanic Eruption Period. One or more volcanic eruptions that
occur within a 72-hour period will be considered as one volcanic eruption.
SECTION II - LIABILITY COVERAGES
COVERAGE E-PERSONAL LIABILITY
If a claim is made or a suit is brought against an insured for
damages because of bodily injury or property damage caused
by an occurrence to which this coverge applies, we will:
1. Pay up to our limit of liability for the damages for which
the insured is legally liable. Damages include prejudgment interest
awarded against the insured; and
2. Provide a defense at our expense by counsel of our
choice, even if the suit is groundless, false or fraudulent. We
may investigate and settle any claim or suit that we decide is
appropriate. Our duty to settle or defend ends when the amount
we pay for damages resulting from the occurrence equals
our limit of liability.
Coverage F - Medical Payments to Others
We will pay the necessary medical expenses that are incurred or
medically ascertained within three years from the date of an accident
causing bodily injury. Medical expenses means reasonable charges
for medical, surgical,
x-ray, dental, ambulance, hospital, professional nursing, prosthetic devices
andfuneral services. This coverage does not apply to you or regular
residents of your household except residence employees. As to others,
this coverage applies only:
1. To a person on the insured locaton with the permission of
an insured; or
2. To a person off the insured location, if the
bodily
22
a. Arises out of a condition
on the insured location or the ways immediately adjoining;
b. Is caused by the activities of an insured;
c. Is caused by a residence employee
in the course of the residence employee's employment by an insured;
or
d. Is caused by an animal owned by or
in the care of an insured.
1. Coverage E-Personal Liability and Coverage
F-Medical Payments to Others do not apply to bodily injury
or property damage:
a. Which is expected or
intended by one or more insureds;
b. Arising out of or in connection with
a business engaged in by an insured. This exclusion applies but
is not limited to an act or omision, regardless
of its mature or circumstance, involving a service or duty rendered,
promised, owed or implied to be provided
because of the nature of the business.
c. Arising out of the rental or holding
for rental of any part of any premises by an insured. This exclusion
does not apply to the rental or holding
for rental of an insured location:
(1)
On an occasional basis if used only as a residece:
(2) In part
for use only as a residence, unless a single family unit is intended
for use by the occupying family to lodge
more than two roomers or boarders; or
(3) In part,
as an office, school, studio or private garage;
d. Arising out of the
rendering of or failure to render professional services;
e. Arising out of a premises:
(1)
Owned by an insured;
(2) Rented
to an insured; or
(3) Rented
to others by an insured;
that is
not an insured location;
(1)
The ownership, maintenance, use, loading
23
or
unloading of any motor vehicles or all other motorized land conveyances,
including trailers, owned or operated
by or rented or loaned to an insured;
(2) The
entrustment by an insured of any motor vehicle or any other motorized
land conveyance to any person;
or
(3) Vicarious
liability, whether or not statutorily imposed, for the actions of a
child or minor using a vehicle or conveyance
excluded in paragraph (1) or (2) above.
This exclusion does not apply to:
(1)
A trailer not towed by or carried on a motorized land conveyance.
(2) A motorized
land conveyance designed for recreational use off public roads, not
subject to motor vehicle registration
and:
(a)
Not owned by an insured; or
(b)
Owned by an insured and on an insured location;
(3)
A motorized golf cart when used to play golf on a golf course;
(4) A
vehicle or conveyance not subject to motor vehicle registration which
is:
(a)
Used to service an insured's residence;
(b)
Designed for assisting the handicapped; or
(c)
In dead storage on an insured location;
(1)
The ownership,maintenance, use, loading or unloading of an excluded
watercraft described below;
(2) The
entrustment by an insured of an excluded watercraft described
below to any person; or
(3) Vicarious
liability, whether or not statutorily imposed, for the actions of
a child or minor using an excluded watercraft
described below.
Excluded watercraft are those that are principally
designed to be propelled by engine power or electric
24
motor or are sailing vessels,
whether owned by or rented to an insured. This exclusion does
not apply to watercraft:
(1)
That are not sailing vessels and are powered by:
(a)
Inboard or inboard-outdrive engine or motor power of 50 horsepower or
less not owned by and insured;
(b)
Inboard or inboard-outdrive engine or motor power of more than 50 horsepower
not owned byu or rented
to an insured.
(c)
One or more outboard engines or motors with more than 25 total horsepower
or less;
(d)
One or more outboard engines or motors with more than 25 total horsepower
if the outboard engine or motor
is not owned by an insured;
(e)
Outboard engines or motors of more than 25 total horsepower owned by
an insured if:
(i)
You acquire them prior to the policy period; and
(a)
You declare them at policy inception; or
(b)
Your intention to insure is reported to us in writing
within 45 days after you acquire the outboard engines
or motors.
(ii)
You acquire them during the policy period.
This
coverage applies for the policy period.
(2) That
are sailing vessels, with or without auxiliary power:
(a)
Less than 26 feet in overall length;
(b)
26 feet or more in overall length, not owned by or rented to an insured.
(1)
The ownership, maintenance,use, loading or unloading of an aircraft;
(2) The
entrustment by an insured of an aircraft to any person; or
(3) Vicarious
liability, whether or not statutorily imposed, for the actions of
a child or minor using an aircraft.
25
An aircraft means any
contrivance used or designed for flight, except model or hobby aircraft
not used or designed to carry people or
cargo;
i. Caused directly or indirectly
by war, including the following and any consequence of any of the following:
(1)
Undeclared war, civil war, insurrection, rebellion or revolution;
(2) Warlike
act by a military force or military personnel; or
(3) Destruction,
seizure or use for a military purpose.
Discharge of a nuclear
weapon will be deemed a warlike act even if accidental;
j. Which arises out of the transmission
of a communicable disease by an insured;
k. Arising out of sexual molestation,
corporal punishment or physical ormental abuse; or
l. Arising out of the use, sale, manufacture,
delivery, transfer or possession by any person of a Controlled Substance(s)
as defined by the Federal Food and Drug Law at 21 U.S.C.A. Sections
811 and 812. Controlled Substances include
but are not limited to cocaine, LSD, marijuana and all narcotic drugs.
However, this exclusion does not apply
to the legitimate use of prescription drugs by a person following the
orders of a licensed physician.
Exclusion e., f., g. and h. do not apply to bodily injury
to a residence employee arising out of and in the course
of the residence employee's employment by an insured.
2. Coverage E - Personal Liability, does not apply to:
(1)
For any loss assessment charged against you as a member of
an association, corporation or community of property
owners;
(2) Under
any contract or agreement. However, this exclusion does not apply
to written contracts:
(a)
That directly relate to the ownership, maintenance or use of an insured
location; or
(b)
Where the liability of others is assumed by the insured prior
to an
26
unless
excluded in (1) above or elsewhere in this policy;
b Property damage
to property owned by the insured;
c. Property damage to property rented
to, occupied or used by or in the care of the insured. This exclusion
does not apply to property damage
caused by fire, smoke or explosion;
d. Bodily injury to any person eligible
to receive any benefits:
(1)
Voluntarily provided; or
(2) Required
to be provided;
by the insured
under any:
(1)
Workers' compensation law;
(2) Non-occupational
disability law; or
(3) Occupational
disease law;
e. Bodily injury
or property damage for which an insured under this policy:
(1)
Is also an insured under a nuclear energy liability policy; or
(2) would
be an insured under that policy but for the exhaustion of its limit
of liability.
A nuclear energy liability
policy is one issued by:
(1)
American Nuclear Insurers;
(2) Mutual
Atomic energy Liability Underwriters;
(3) Nuclear
Insurance Association of Canada;
or any of their successors; or
f. Bodily injury
to you or an insured within the meaning of part a. or b.
of insured as defined.
3. Coverage F-Medical Payments to Others, does not apply to
bodily injury:
a. To a residence employee
if the bodily injury:
(1)
Occurs off the insured location; and
(2) Does not
arise out of or in the course of the residence employee's employment
by an insured;
b. To any person eligible
to receive benefits:
(1)
Voluntarily provided; or
(2) Required
to be provided;
under any:
(1)
Workers' compensation law;
27
(2)
Non-occupational disability law; or
(3) Occupational
disease law;
c. From any:
(1)
Nuclear reaction;
(2) Nuclear
radiation; or
(3) Radioactive
contamination;
all whether controlled or
uncontrolled or however caused; or
(4)
Any consequence of any of these; or
d. To any person, other
than a residence employee of an insured, regularly residing
on any part of the insured location.
SECTION II - ADDITIONAL COVERAGES
We cover the following in addition to the limits
of liability:
1. Claim Expenses. We pay:
a. Expenses we incur
and costs taxed against an insured in any suit we defend;
b. Premiums on bonds required in a suit we
defend, but not for bond amounts more than the limit of liability for Coverage
E. We need not apply for or furnish any bond;
c. Reasonable expenses incurred by an insured
at our request, including actual loss of earnings (but not loss of
other income) up to $50 per day, for assisting
us in the investigation or defense of a claim or suit; and
d. Interest on the entire judgment which accrues
after entry of the judgment and before we pay or tender, or deposit
in court that part of the judgment which does not exceed the limit of liability
that applies.
2. First Aid Expenses. We will pay expenses for first
aid to others incurred by an insured for bodily injury
covered under this policy. We will not pay for first aid to you
or any other insured.
3. Damage to Property of Others. We will pay, at replacement
cost, up to $500 per occurrence for property damage
to property of others caused by an insured.
28
We will not pay for property damage:
a. To the extent of any
amount recoverable under Section I of this policy;
b. Caused intentionally by an insured
who is 13 years of age or older;
c. To property owned by an insured;
d. To property owned by or rented to a tenant
of an insured or a resident in your household; or
e. Arising out of:
(1)
A business engaged in by an insured;
(2) Any act
or omission in connection with a premises owned, rented or controlled
by an insured, other than the
insured location; or
(3) The ownership,
maintenance, or use of aircraft, watercraft or motor vehicles or all other
motorized land conveyances.
This exclusion
does not apply to a motorized land conveyance designed for recreational
use off public roads, not
subject to motor vehicle registration and not owned by an insured.
4. Loss Assessment. We will pay up to $1000 for your
share of loss assessment charged during the policy period against you
by a corporation or association of property owners, when the assessment
is made as a result of:
a. Bodily injury
or property damage not excluded under Section II of this policy;
or
b. Liability for an act of a director, officer
or trustee in the capacity as a director, officer or trustee, provided:
(1)
The director, officer or trustee is elected by the members of a corporation
or association of property owners;
and
(2) The director,
officer or trustee serves without deriving any income from the exercise
of duties which are solely
on behalf of a corporation or association of property owners.
This coverage applies only to loss assessments charged against you
as owner or tenant of the residence premises.
We do not cover loss assessments charged against you
or a corporation or association of property owners by any governmental
body.
29
Regardless of the number of assessments, the limit of $1000 is the
most we will pay for loss arising out of:
a. One accident, including
continuous or repeated exposure to substantially the same general harmful
condition; or
b. A covered act of a director, officer
or trustee. An act involving more than one director, officer or trustee
is considered to be a single act.
The following do not apply to this coverage:
1. Section II-Coverage E-Personal Liability Exclusion 2.a.(1);
2. Condition 1. Policy Period, under SECTIONS I AND II-CONDITIONS.
SECTION II - CONDITIONS
1. Limit of Liability. Our total liability
under Coverage E for all damages resulting from any one occurrence
will not be more than the limit of liability for Coverage E as
shown in the Declarations. This limit is the same regardless of the
number of insureds, claims made or persons injured. All bodily
injury and property damage resulting from any one accident
or from continuous or repeated exposure to substantially the same general
harmful conditions shall be considered to be the result of one occurrence.
Our total liability under Coverage F for all medical expense payable
for bodily injury to one person as the result of one accident
will not be more than the limit of liability for Coverage F as shown
in the Declarations.
2. Severability of Insurance. This insurance applies separately
to each insured. This condition will not increase our
limit of liability for any one occurrence.
3. Duties After Loss. In case of an accident or occurrence,
the insured will perform the following duties that apply. You
will help us by seeing that these duties are performed:
a. Give written notice to
us as soon as is practical, which sets forth:
(1)
The identity of the policy and insured;
(2) Reasonably
available information on the
30
time,
place and circumstances of the accident or occurrence; and
(3) Names
and addresses of any claimants and witnesses;
b. Promptly forward to us
every notice, demand, summons or other process relating to the accident
or occurrence;
c. At our request, help us:
(1)
To make settlement;
(2) To enforce
any right of contribution or indemnity against any person or organization
who may be liable to an
insured;
(3) With the
conduct of suits and attend hearings and trials; and
(4) To secure
and give evidence and obtain the attendance of witnesses;
d. Under the coverage-Damage
to Property of Others-submit to us within 60 days after the loss,
a sworn statement of loss and show the damaged
property, if the insured's control;
e. The insured will not, except at
the insured's own cost, voluntarily make payment, assume obligation
or incur expense other than for first aid
to others at the time of the bodily injury.
4. Duties of an Injured Person-Coverage F-Medical Payments to
Others. The injured person or someone acting for the injured person
will:
a. Give us written
proof of claim, under oath if required, as soon as is practical; and
b. Authorize us to obtain copies
of medical reports and records.
The injured person will submit to a physical exam by a doctor of our
choice when and as often as we reasonably require.
5. Payment of Claim-Coverage F-Medical Payments to Others. Payment
under this coverage is not an admission of liability by an insured
or us.
6. Suit Against Us. No action can be brought against us
unless there has been full compliance with the policy provisions.
31
No one will have the right to join us as a party to any action
against an insured. Also, no action with respect to Coverage E
can be brought against us until the obligation of the insured
has been determined by final judgment or agreement signed by us.
7. Bankruptcy of an Insured. Bankruptcy or insolvency of an insured
will not relieve us of our obligations under this policy.
8. Other Insurance-Coverage E-Personal Liability. This insurance
is excess over other valid and collectible insurance except insurance
written specifically to cover as excess over the limits of liability that
apply in this policy.
SECTION I AND II - CONDITIONS
1. Policy Period. This policy applies only to loss in Section
I or bodily injury or property damage in Section II, which
occurs during the policy period.
2. Concealment or Misrepresentation. This entire policy will be
void and all coverages forfeited, and payment will not be made to any
insured, if before or after a loss, any insured has knowingly
concealed or misrepresented any material fact or circumstance relating
to this insurance, the loss, the presentation of the claim or any other
fact or circumstance material to the investigation and adjustment of the
claim.
3. Liberalization Clause. If we make a change which broadens
coverage under this edition of our policy without additional premium
charge, that change will automatically apply to your insurance
as of the date we implement the change in your state, provided
that this implementation date falls within 60 days prior to or during
the policy period stated in the Declarations.
This Liberalization Clause does not apply to changes implemented through
introduction of a subsequent edition of our policy.
4. Waiver or Change of Policy Provisions. A waiver or change of
a provision of this policy must be in writing by
32
us to be valid. Our request for an appraisal or examination
will not waive any of our rights.
5. Cancellation.
a. You may cancel
this policy at any time by returning it to us or by letting us
know in writing of the date cancellation
is to take effect.
b. We may cancel this policy only
for the reasons stated below by letting you know in writing of
the date cancellation takes effect. This
cancellation notice may be delivered to you or mailed to you
at your mailing address shown in
the Declarations.
Proof of mailing will be sufficient proof
of notice.
(1)
When you have not paid the premium, we may cancel at any
time by letting you know at at least 10 days before
the date cancellation takes effect.
(2) When this
policy has been in effect for less than 60 days and is not a renewal with
us, we may cancel for any
reason by letting you know at least 10 days before the date cancellation
takes effect.
(3) When this
policy has been in effect for 60 days or more, or at any time if it is
a renewal with us, we may cancel:
(a)
If there has been a material misrepresentation of fact which if known
to us would have caused us not to issue
the policy; or
(b)
If the risk has changed substantially since the policy was issued.
This can be
done by letting you know at least 30 days before the date cancellation
takes effect.
(4) When this
policy is written for a period of more than one year, we may cancel
for any reason at anniversary by
letting you know at least 30 days before the date cancellation
takes effect.
c. When this policy is cancelled,
the premium for the period from the date of cancellation to expiration
date will be refunded pro rata.
d. If the return premium is not refunded
with the notice of cancellation or when this policy is returned to
us, we will refund it within a reasonable
time after
33
the date cancellation takes
effect.
6. Nonrenewal. We may elect not to renew this policy.
We may do so by delivering to you, or mailing to you
at your mailing address shown in the Declarations, written notice
at least 30 days before the expiration date of this policy. Proof of
mailing will be sufficient proof of notice.
7. Assignment. Assignment of this policy will not be valid unless
we give our written consent.
8. Subrogation. An insured may waive in writing before
a loss all rights of recovery against any person. If not waived, we
may require an assignment of rights of recovery for a loss to the extent
that payment is made by us.
If an assignment is sought, an insured must sign and deliver
all related papers and cooperate with us.
Subrogation does not apply under Section II to Medical Payments to
Others or Damage to Property of Others.
9. Death. If any person named in the Declarations or the spouse,
if a resident of the same household, dies; we insure the legal
representative of the deceased, but only with respect to the premises
and property of the deceased covered under the policy at the time of
death.
Insured includes:
a. Any member of your
household who is an insured at the time of your death, but
only while a resident of the residence
premises; and
b. With respect to your property,
the person having proper temporary custody of the property until appointment
and qualification of a legal representative.
34
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
______________________________________________________President
35
Please keep your Declarations Certificates
and
Endorsements with your policy.
Includes copyrighted material of Insurance
Services Office, Inc. with its permission.
Copyright, Insurance Services Office,
Inc. 1995
Form No. 5104 (Ed. 1/96)
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