PREMIER
CONDOMINIUM
OWNERS
POLICY
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 CONDOMINIUM 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 A - Dwelling
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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, Forger 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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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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Mortgage Clause
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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 to 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 6
UNIT-OWNERS 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 or 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 certain 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 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 in 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 the unit where you
reside and which is shown as the residence premises in the Declarations.
The term reside, as used in this
definition, means continous day-to-day occupancy.
SECTION I - PROPERTY COVERAGES
COVERAGE A - Dwelling
We Cover:
1. The alterations, appliance, fixtures and improvements
which are part of the building contained within the residence premises;
2. Items of real property which pertain exclusively to
the residence premises;
3. Property which is your insurance responsibility
under a corporation or association of property owners agreement; or
4. Structures owned solely by you, other than the
residence premises, at the location of the residence premises.
This coverage does not apply to land, including land on
which the residence premises, real property or structures are
located.
We do not cover:
1. Structures used in whole or in part for business
purposes; or
2. Structures rented or held for rental to any person
not a tenant of the residence premises, unless used solely as
a private garage.
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:
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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 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 or 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 the 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 or
antennas; or
b. Tapes, wires, records, discs or
other media;
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:
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.
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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;
or 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:
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
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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 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.
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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 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 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,
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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.
This coverage:
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 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
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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 a 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 of
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 conditionsa under wwhich the cards
are issued.
All loss resulting form 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.
Defense:
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 of Fund
Transfer Card
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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 A - DWELLING, 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.
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,
animal 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.
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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
a. We cover:
(1)
The breakage of glass or safety glazing material which is part
of a building, storm door or storm window, and
covered under Coverage A;
(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 under Coverage A; 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.
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
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applies to the damaged property.
10. Ordinance or Law.
a. You may
use up to 10% of the limit of liability that applies to COVERAGE
A for the increased costs you insure 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 a covered building or other structure
damaged by a PERIL INSURED AGAINST;
(2)
The demolition and reconstruction of the undamaged part of a covered
building or other structure, when that
building or other structure must be totally demolished because
of damage by a PERIL INSURED AGAINST
to another part of that covered building or other structure; or
(3)
The remodeling, removal or replacement of the portion of the undamaged
part of a covered building or other
structure necessary to complete the remodeling, repair or replacement
of that part of the covered building 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 form 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 covered building 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 covered building or other structure.
Pollutants means any solid, liquid, gaseous or
thermal irritants 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 A and 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
inside of a building or 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. This peril does not include loss to a fence, driveway
or walk caused by a vehicle owned or operated by a resident of the residence
premises.
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. Form that pert 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
10. Falling objects. This peril does not include loss to
the inside of a building or property contained in the 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.
This peril does not include loss to an awning, fence, patio, pavement,
swimming pool, foundation, retaining wall, bulkhead, pier, wharf
or dock.
12. Accidental discharge or overflow of water or steam from
within a plumbing, heating, air conditioning or automatic fire protective
sprinkler system or form within a household appliance. We
also pay for tearing out and replacing any part of the building
which is covered under Coverage A and on the residence premises
if necessary to repair the system or appliance from which the water
or steam escaped.
This peril does not include loss:
a. On the residence
premises, if the dwelling has been vacant for more than 30 consecutive
days
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immediately before the loss. A dwelling
being constructed is not considered vacant.
b. To the system or appliance
from which the water or steam escaped;
c. Caused by or resulting
from freezing except as provided in the peril of freezing below; or
d. 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.
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
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1. Ordinance or Law, meaning any ordinance or law:
a. Requiring or regulating
the construction, demolition, remodeling, revocation 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 al loss in value to property; or
c. Requiring any insured or
other to test for, monitor, clean up, remove, contain, treat, detoxify
or 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 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 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.
18
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 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 quantify, 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 other 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;
19
(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.
3. Loss Settlement. Covered property losses are settled as follows:
a. Personal property
at actual cash value at the time of loss but not more than the amount
required to repair or replace.
b. Coverage A- Dwelling:
(1)
If the damage is repaired or replaced within a reasonable time,
at the actual cost to repair or replace;
(2)
If the damage is not reaired or replaced within a reasonable time,
at actual cash valuie 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 vasis 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
20
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 bemade 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, except insurance in the name
of a corporation or association of property owners, wewill 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.
If, at the time of loss, there is other insurance in the name
of a corporation or association of property owners covering the
same property covered by this policy, this insurance will be excess
over the amount recoverable under such other insurance.
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, all conditions of the policy of insurance have
been complied
21
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. Mortgage Clause. The word mortgagee includes trustee.
If a mortgagee is named in this policy, any loss payable under
Coverage A - Dwelling will be paid to the mortgagee and
you, as interests appear. If more than one mortgagee
is named, the order of payment will be the same as the order
of precedence of the mortgages.
If we deny your claim, that denial
will not apply to a valid claim of the mortgagee, if the mortgagee:
a. Notifies us
in writing of any change in ownership, occupancy or substantial
change in risk of which the mortgagee
is aware;
b. Pays any premium due under the
policy on demand if you have neglected to pay the premium; and
c. Submits a signed, sworn statement
of loss within 60 days after receiving notice from us of
your failure to do so. Policy
conditions relating to An Insured's Duties After Loss, Apraisal,
Suit Against Us and Loss Payment apply to the
mortgagee.
If we decide to cancel or not to renew this policy,
the mortgagee wil be notified at least 10 days before the date
cancellation or nonrenewal takes effect.
If we pay the mortgagee for any loss and deny payment
to you:
a. We are
subrogated to all the rights of the mortgagee granted under the
mortgage on the property; or
b. At our option, we may
pay to the mortgagee the whole principal on the mortgage plus
any accrued interest. In this event,
we will receive a full assignment and transfer of the mortgage
and all securities held as collateral to the mortgage
debt.
22
Subrogation will not impair the right of the mortgagee
to recover the full amount of the mortgagee's claim.
13. 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.
14. 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.
15. 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 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:
23
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 injury:
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 cae 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
24
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 boarder; 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 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 orminor using an excluded watercraft
described below.
Excluded
watercraft are those that are principally designed to be propelled
by engine power or electric 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 by 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
(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.
(3)
That are stored;
(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.
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 occurrence;
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;
(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:
29
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.
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
30
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.
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.
31
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 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;
32
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.
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.
33
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
insurance application, 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 wil 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 us
to be valid. Our request for an appraisal or examination
will not waive an 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 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
35
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.
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
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. 5106 (Ed. 1/96)
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