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 SELECT 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 B - Other Structures
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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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Glass or Safety Glazing Material
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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 8 -
MODIFIED COVERAGE FORM
AGREEMENT
We will provide the insruance described in this
policy in return for the premium and compliance with all applicable provisions
of this policy.
DEFINITIONS
In this policy, you and your refer to the
named insured shown in the Declarations 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
cemetary plots or burial vaults of an insured; or
h. Any part of a premises
occasionaly 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 mean:
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 I - PROPERTY COVERAGES
COVERAGE A - Dwelling
We cover:
1. The dwelling on the residence premises shown
in the Declarations, where you reside on a continuous day-to-day
basis, including structures attached to the dwelling; and
2. Materials and supplies located on or next to the
residence premises used to construct, alter or repair the dwelling
or other structures on the residence premises.
This coverage does not apply to land, including land on
which the dwelling is located.
COVERAGE B - Other Structures
We cover other structures on the residence premises
set apart from the dwelling by clear space. This includes structures connected
to the dwelling by only a fence, utility line or similar connection.
This coverage does not apply to land, including land on
which the other structures are located.
We do not cover other structures:
1. Used in whole or in part for business; or
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2. Rented or held for rental to any person not a tenant
of the dwelling, unless used solely as a private garage.
The limit of liability for the coverage will not be more
than 10% of the limit of liability that applies to Coverage A. Use of
this coverage does not reduce the Coverage A limit of liability.
COVERAGE C - Personal Property
We cover personal property owned or used by an insured
while on the residence premises. At your written request,
we will cover personal property owned by others while the property
is on the part of the residence premises occupied by an insured.
We also cover personal property owned or used by an insured
while it is anywhere in the world, but our limit of liability will
not be mroe than 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 loss 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 on property, on the residence premises,
used at any time or in any manner for any business purpose.
8. $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 9. and 10. below.
9. $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
or antennas; or
b. Tapes, wires, records, discs or other
media;
for use with any electronic apparatus
described in this item 9.
10. $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 10.
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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 covneyances.
This includes:
a.
Their equipment and accessories; or
b. Electronic apparatus
that is designed to be operated solely by use of the power from
the electrical system of motor vehicles
or all other motorized land conveyances. Electronic apparatus includes:
(1)
Accessories or antennas; 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 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 an 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 of pre-recorded computer programs available
on the retail market; or
9. Credit card or fund transfer cards except as
provided in Additional Coverages 6.
COVERAGE D - Loss Of Use
The limit of liability for Coverage D is the total
limit for all the coverages that follow.
1. If a loss covered under this Section makes that
part of the residence premises where you reside 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 others or held for
rental by you not fit to live in, we cover the:
Fair
Rental Value, meaning the fair rental value of 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 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 of liability
that applies to the damaged property.
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; or
b. 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 regardless 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.
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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 I - 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
lightning, 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 5% of the limit of liability
that applies to the dwelling, for all trees, shrubs, plants or lawns.
No more than $250 of this limit will be available for any one tree,
shrub or plant. We do not cover 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 service charges
if the property is located within the limits of the city, municipality
or protection district furnishing the fire deaprtment 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 through
acceptance in good faith of counterfeit United States or Canadian
paper currency.
We do not cover use of a credit
card of 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 terms and conditions under which the cards are issued.
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.
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 a 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
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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 asessments
charged against you as owner or tenant of thie 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. Glass or Safety Glazing Material.
(1)
The breakage of glass or safety glazing material which is part
of a covered building, storm door or storm window,
and for:
(2)
The breakage, caused directly by Earth Movement, of glass or safety
glazing material which is a part of a covered
building, storm door or storm window, and for:
(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 formore 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.
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Loss to glass covered under this ADDITIONAL
COVERAGE 8. will be settled on the basis of replacement
with safety glazing materials when required by ordinance or
law.
We will pay up to $100 for loss under
this coverage.
This coverage does not increase the limit
of liability that applies to the damaged property.
SECTION I - PERILS INSURED AGAINST
We insure for direct physical loss
to the property described in Coverages A, B and C caused by
a peril listed below unless the loss is exlcuded 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 through 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
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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 from a known place when it is likely
that the property has been stolen.
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.
Our liability will not be more than
$2500 in any one loss caused by theft.
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 a building.
This peril does not include loss to an awning,
fence, patio,
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pavement, swimming pool, foundation, retaining wall,
bulkhead, pier, wharf or dock.
12. Sudden and accidental tearing apart, cracking,
burning or bulging of a steam or hot water heating system, an
air conditiong 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.
13. 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 vacant, unoccupied or being constructed
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.
14. Sudden and accidental damage from artificially
generated electrical current. This peril does not include loss
to a tube, transistor or similar electronic component.
15. 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 or Glass or Safety Glazing Material;
b.
The requirements of which result in a loss in value to property;
or
c. Requiring 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.
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 subisdence; 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
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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.
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;
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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 of 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 of 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 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)
Specification 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 supporrt 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.
Property of the following types:
(1)
Personal property;
(2)
Awnings, carpeting, household appliances, outdoor antennas and outdoor
equipment, whether or not attached
to buildings; and
(3)
Structures that are not buildings;
at
actual cash value at the time of loss but not more than the amount
required to repair or replace.
b. Buildings under
Coverage A or B:
(1)
If you complete repair or replace the loss or damage to restore
the building structure for the same occupancy
and use at the same site within 180 days of the date of loss or
damage, we will pay the lesser of the following
amounts:
(a)
The limit of liability that applies to the damaged or destroyed
building structure; or
(b)
The necessary amount actually spent to repair or replace the loss
or damage to the building structure but no
more than the cost of using common construction material and methods
where functionally equivalant to and
less costly than obsolete, antique or custom construction materials
and methods.
(2)
If you do not make claim under Paragraph (1) above, we
will pay the lesser of the following amounts:
(a)
The limit of liability that applies to the damaged or destroyed
building structure;
(b)
The difference in fair market value before and after the loss of
the damaged or destroyed building structure
exclusive of land value; or
(c)
The amount which it would cost to repair or replace that part of
the building structure damaged or destroyed
with material of like kind and quality less allowance for physical
deterioration and
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; or
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 cannot 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 to 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.
8. Suit Against Us. No action can be brought
unless the
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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 with
and:
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 or B 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 or 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 this 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, Appraisal,
Suit Against Us and Loss Payment apply to
the mortgagee.
If we decide to cancel or not to renew this
policy, the
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mortgagee will 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.
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 recovered property.
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16. Volcanic Eruption Period. One or
more volcanic eruptions that occur within a 72-hour period
will be considered as one volcnaic 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 coverage 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 and funeral 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 location
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 care of an insured.
SECTION II - EXCLUSIONS
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 exclusions applies but
is not limited to an act
or omission, regardless of its nature 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 fo 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 residence;
(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;
f. Arising out of:
(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 covneyance
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 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 an insured;
(b)
Inboard or inboard-outdrive engine or motorp ower of more
than 50 horsepower not owned by or rented
to an insured;
(c)
One or more outboard engines or motors with 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 ownerhsip, 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
(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 or mental
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.
Section 811 and 812. Controlled Substances
include but are not limited to cocaine, LSD, marijuana
and all narcotic drugs. However, this exclusion does
nto apply to the legitimate use of prescription drugs
by a person following the orders of a licensed physician.
Exclusions 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;
(1)
Workers' compensation law;
(2)
Non-occupational disability law; or
(3)
Occupational disease law;
(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.
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 any 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.
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
b.
Promptly forward to us every notice, demand, summons
or other process relating to the accident or occurence;
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 in 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
31
Coverage E can be brought against us
until the obligation of the insured has been determined
by final judgment or agrement 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.
SECTIONS 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 us to be valid. Our request for an
appraisal or examination will not waive any of our rights.
32
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 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 the 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.
33
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 Declaration 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.
William Erdman
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Secretary
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Kenneth A. Johnson
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President
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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. 5108 (Ed. 1/96)
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