DEFINITIONS
The following
definition is added:
9. "Fungi"
means any type or form of fungus, including mold or mildew, and
any mycotoxins, spores, scents or by-products produced or released
by fungi.
10. "Motorized Vehicle" means a self-propelled land or amphibious vehicle regardless of method of surface contact. This includes parts and equipment. This does not include vehicles that are designed and used to assist the handicapped or are not required to be licensed for road use.
11. "Motorized Vehicle Registration" means any licensing, fees, registration or other process that must be completed with any governmental entity that is required by any ordinance, statute or regulation. Motorized Vehicle Registration is not limited to registration of motorized vehicles for use on the public highways, and includes any and all fees, licensing and/or registration of motorized vehicles pursuant to applicable law.
SECTION I -
PROPERTY COVERAGES
COVERAGE C
- Personal Property
Property Not
Covered
Under
item 3., paragraph 3 is deleted and replaced by the following:
We do cover vehicles or conveyances not subject to motor
vehicle registration which are:
a. Used solely to service an insured's residence; or
b. Designed for assisting the handicapped;
COVERAGE D
- Loss of Use
The first paragraph
is deleted and replaced by the following:
The limit of liability
for Coverage D is the actual loss sustained within 12 months from
the date of the loss for 1. and 2. below:
Item 1. is deleted
and replaced by the following:
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 the
Additional Living Expense, meaning any necessary increase in living
expenses incurred by you so that your household can
maintain its normal standard of living.
Payment 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 settle elsewhere.
Item 3. is deleted
and the following paragraph is added:
If a civil authority
prohibits you from the 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 paragraph
"The periods of time under 1., 2. and 3. above are not limited
by expiration of this policy." is deleted and replaced by the
following:
The periods of
time for all the above are not limited by expiration of this policy.
ADDITIONAL COVERAGES
4. Fire Department Service Charge. The first sentence is deleted and replaced by the following:
We will pay up to $2,500 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.
SECTION I -
ADDITIONAL COVERAGES
11. Ordinance
or Law. The following Paragraph is added to c.(2):
This exception
applies whether or not the irritant or contaminant has any function
with respect to your property or business.
(This is Additional
Coverage 10. in our Premier Condominium Policy. This does
not apply to our Premier Select Policy)
SECTION I -
PERILS INSURED AGAINST
For Premier and
Premier Plus policies, under Coverage A - Dwelling and
Coverage B - Other Structures, Item 2.e. (3) is deleted
and replaced by the following:
(3) Smog, rust
or other corrosion, fungi, mold, wet or dry rot;
If this endorsement
is attached to our Premier or Premier Plus Policy or our
Premier Condominium Policy with either CO 17 31 or CO 17 32 or both,
then the following is added to Paragraph 2.e. (5) in our
Premier and Premier Plus Policy, Paragraph 3.d.(5) on CO 17 31 and
Paragraph 2.e.(5) on CO 17 32;
In this provision,
any reference to pollutants applies whether or not the irritant
or contaminant has any function with respect to your property
or business.
SECTION I -
EXCLUSIONS
1. Ordinance
or Law. The following Paragraph is added:
This exclusion applies whether or not the property has been physically
damaged, or whether or not the irritant or contaminant has any function
with respect to your property or business.
Item 9. is added as follows:
9. We do not insure for loss, by a covered peril, that alters the physical appearance of the metal roof covering but does not result in the penetration of water through the metal roof covering or does not result in the failure of the metal roof covering to perform its intended function of keeping out the elements over an extended period of time.
Metal roof covering means the metal roofing material exposed to the weather, the underlayments applied for moisture protection and all flashings required in the replacement of a metal roof covering.
We do insure for loss, by a covered peril, to metal roof coverings that will allow the penetration of water through the metal roof covering or that results in the failure of the metal roof covering to perform its intended function of keeping out the elements over an extended period of time.
(This is Exclusion 3. for Premier and Premier Plus policies.)
SECTION I -
CONDITIONS
12. Mortgage Clause
Item b. is deleted
and replaced by the following:
b. Pays any
premium due under this policy when notified if you have
neglected to pay the premium; and
SECTION II
- EXCLUSIONS
Under 1. Coverage E - Personal Liability and Coverage F - Medical Payments to Others, Exclusion f. is dedeted and replaced by the following and Exclusions m.
and n. are added:
f. Arising out of:
(1) The ownership, maintenance, use, loading or unloading of any motorized 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 motorized vehicles 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 that is not subject to any motorized 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 that is not subject to any motorized 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;
m. Arising out
of the liability assumed by the insured under any contract
or agreement except any indemnity obligation assumed by the insured
under a written contract directly relating to the ownership, maintenance
or use of the premises.
n. Arising out
of the liability for claims made against any insured arising
out of the sale or transfer of the insured premises or other real
estate including but not limited to any claims made against any
insured for fraud, misrepresentation, failure to disclose
or any other claim made against any insured arising out
of the sale or transfer of real estate.
Under 2. Coverage E - Personal Liability, Exclusion a. (3) is added:
(3) For the liability imposed for punitive damages, and/or attorney's fees, and/or exemplary damages and/or damages for aggravating circumstances as described in the Wrongful Death Statute. Punitive Damages are amounts of money awarded or imposed to punish or to make an example of a wrongdoer.
SECTION I AND
II - CONDITIONS
2. Concealment
or Misrepresentaton is deleted and replaced by the following:
2. Concealment, Fraud or Misrepresentation.
a. Under SECTION I - PROPERTY COVERAGES with respect to all
insureds covered under this policy, we provide no
coverage for loss under SECTION I - PROPERTY COVERAGES if,
whether before or after a loss, one or more insureds, have:
(1) Intentionally
concealed or misrepresented any material fact or circumstance;
(2) Engaged in fraudulent conduct; or
(3) Made false statements;
relating to this insurance.
b. Under SECTION
II - LIABILITY COVERAGES, we do not provide coverage
to one or more insureds who, whether before or after the
loss, have:
(1) Intentionally
concealed or misrepresented any material fact or circumstance;
(2) Engaged in fraudulent conduct; or
(3) Made false statements;
relating to this insurance.
5. Cancellation.
The following is added to Paragraphs b. (2) and (3):
However, if any one of the following conditions exist at any building
that is covered in this policy, we may cancel this policy
by letting you know at least 5 days before the date cancellation
takes effect.
(a) The building
has been vacant or unoccupied 60 or more consecutive days.
This does not apply to:
(i) Seasonal
unoccupancy; or
(ii)Buildings in the course of construction, renovation or addition.
Buildings with
65% or more of the rental units or floor area vacant or unoccupied
are considered unoccupied under this provision.
(b) After damage
by a covered peril, permanent repairs to the building:
(i) Have not
started; and
(ii) Have not been contracted for;
within 30 days
of payment of loss.
(c) The building
has:
(i) An outstanding
order to vacate;
(ii) An outstanding demolition order, or
(iii) Has been declared unsafe by governmental authority.
(d) Fixed and
salvageable items have been or are being removed from the building
and are not being replaced. This does not apply to removal that
is necessary or incidental to any renovation or remodeling.
(e) Failure
to:
(i) Furnish
necessary heat, water, sewer service or electricity for 30 consecutive
days or more, except during a period of seasonal unoccupancy;
or
(ii) Pay property taxes that are owing and have been outstanding
for more than one year following the date due, except that this
provision will not apply where you are in a bona fide dispute
with the taxing authority regarding payment of such taxes.
Paragraph b.(4)
is deleted in its entirety.
The following
condition is added:
10. Notice
to Agent. Your notice is our agent will be deemed
to be notice to us.
All other provision
of this policy apply.
AUTO
CLUB FAMILY INSURANCE COMPANY
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