HomeMy WebLinkAboutCommercial Property CoverageCOMMERCIAL PROPERTY COVERAGE PART - DECLARATIONS
Policy No. 3XZ1205700'1
Replacement No. 3XZ12057000
NAMED INSURED AND ADDRESS:
CITY OF JEFFERSONVILLE
501 EAST COURT AVE.
JEFFERSONVILLE IN 47130
EFFECTIVE DATE: 08/06/2002
~ "X" if Supplemental Declarations is attached.
DESCRIPTION OF PREMISES
PREM. # BLDG. #
LOCATION, CONSTRUCTION AND OCCUPANCY
Per Schedule On File With Company
COVERAGES PROVIDED
PREM.# BLDG.#
All All
Building &
Personal Property
Insurance at the described premises applies only for coverages for which a Limit of Insurance is shown
COVERAGE LIMIT OF INSURANCE COVER, ED CAUSES OF LOSS COINSURANCE* RATES
OPTIONAL COVERAGES Applicable only when entdes are made in the schedule below.
AGREED VALUE
ITEM. BLDG. EXPIRATION COVERAGE AMOUNT BUILDING
# # DATE
Included Per
REPLACEMENT COST (X)
PERSONAL PROPERTY INCLUDING "STOCK"
Schedule On File With Company
INFLATION GUARD (%) 'MONTHLY LIMIT OF
t~UILUIN~ P'ENSONAL PROPERTY INDEMNITY (Fraction)
*M/~XIMUM PERIOD
OF INDEMNITY (X)
*EXTENDED PERIOD
OF INDEMNITY (Days)
MORTGAGE HOLDERS
Prem. # BLDG. #
*APPLIES TO BUSINESS INCOME ONLY
MORTGAGE HOLDER NAME AND M, AILING ADDRESS
Per Schedule On b~le W~th Company
DEDUCTIBLE
The deductible is $250.
Exceptions:
$1,000.00 DEDUCTIBLE APPLICABLE TO ALL LOSSES
FORMS APPLICABLE TO ALL COVERAGES: Refer to ZC23941a (1-99)
FORMS APPLICABLE TO SPECIFIC PREMISES / COVERAGES:
ITEM. # BLDG. # COVERAGES
FORM NUMBERS
PR 17476 11-96
BUILDING AND PERSONAL PROPERTY COVERAGE FORM
PUBLIC ENTITY
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and
what is and is not covered.
Throughout this policy, the words ~'you" and "your" refer to the Named :Insured shown in the Declarations. The words
"we," "us" and "our" refer to the Gompany providin9 this insurance.
Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION Iq --
DEFINITIONS.
SECTION A -- COVERAGE
We will pay for direct physical loss of or damage to
Covered Property at the premises described in the
Declarations caused by or resulting from any Covered
Cause of Loss.
1. Covered Property
Covered Property, as used in this Coverage Form,
means the type of property described in this
section, A.I., and limited in A.2., Property Not
Covered, if a Limit of Insurance is shown in the
Declarations for that type of property.
a. Building, meaning the building or structure
described in the Declarations, including:
(t) Completed additions;
(2) Fixtures, including outdoor fixtures;
(3) Permanently installed:
(a) Machinery; and
(b) Equipment;
(4) Personal property owned by you that is
used to maintain or service the building or
structure or its premises, including:
(a) Fire extinguishing equipment;
(b) Outdoor furniture;
(c) Floor coverings; and
(d) Appliances used for refrigerating,
ventilating, cooking, dishwashing or
laundering;
(5) If not covered by other insurance:
(a) Additions under construction,
alterations and repairs to the building
or structure;
(b) Materials, equipment, supplies and
temporary structures, on or within
1,000 feet of the described premises,
used for making additions, alterations
or repairs to the building or structure.
C 24729b (5/99)
b. 'Your Business Personal Property located in
',or on the building described in the
Declarations or in the open (or in a vehicle)
!within 1,000 feet of the described premises,
iconsisting of the following unless otherwise
'specified in the Declarations:
~(1) Furniture and fixtures;
(2) Machinery and equipment;
(3) "Stock";
(4) All other personal property owned by you
i and used in your business;
(5) Labor, materials or services furnished or
arranged by you on personal property of
others;
(6) Your use interest as tenant in
improvements and betterments.
Improvements and betterments are
fixtures, alterations, installations or
additions:
(a) Made a part of the building or
structure you occupy but do not own;
and
(b) You acquired or made at your
expense but cannot legally remove;
(7) Leased personal property for which you
have a contractual responsibility to insure,
unless otherwise provided for under
Personal Property of Others,
c. 'Personal Property of Others that is:
,(1) In your care, custody or control; and
(2) Located in or on the building described in
the Declarations or in the open (or in a
vehicle) within 1,000 feet of the described
premises.
However, our payment for loss of or damage
to personal property of others will only be for
'the account of the owner of the property.
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Copyright, Insurance Services Office, I~c., 1994
Property Not Covered
Covered Property does not include:
a. Accounts, bills, currency, deeds, evidences of
debt, money, notes or securities;
b. Animals, unless owned by others and boarded
by you, or if owned by you, only as "stock"
while inside of buildings;
c. Automobiles held for sale;
d. Bridges, roadways, walks, patios or other
paved surfaces, except as provided in the
Coverage Extensions;
e. Contraband, or property in the course of illegal
transportation or trade;
f. The cost of excavations, grading, backfilling or
filling;
g. Foundations of buildings, structures,
machinery or boilers if their foundations are
below:
(1) The lowest basement floor; or
(2) The surface of the ground, if there is no
basement,
except as provided in the Coverage
Extensions;
h. Land (including land on which the property is
located), water, growing crops or lawns;
i. Personal property while airborne or
waterborne;
j. Bulkheads, pilings, piers, wharves or docks;
k. Property that is covered under another
coverage form of this or any other policy in
which it is more specifically described, except
for the excess of the amount due (whether
you can collect on it or not) from that other
insurance;
I. Retaining walls that are not part of the building
described in the Declarations;
m. Underground pipes, flues, drains, tanks, or
connections, except as provided in the
Coverage Extensions;
n. The cost to research, replace or restore the
information on valuable papers and records,
including those which exist on electronic or
magnetic media, except as provided in the
Coverage Extensions;
o. Vehicles or self-prepefled machines (including
aircraft or watercraft) that:
('1) Are licensed for use on public roads; or
(2) Are operated principally away from the
described premises.
C 24729b (5/99)
'This paragraph does not apply to:
'(1) Vehicles or self-propelled machines or
i autos you manufacture, process or
~ warehouse;
'(2} Vehicles or self-propelled machines, other
~ than autos, you hold for sale; or
'(3) Rowboats or canoes out of water at the
i described premises;
p. ~The following property while outside of
buildings:
'(1} Grain, hay, straw or other crops;
'(2) Fences, radio or television antennas
(including satellite dishes) and their lead-
in wiring, masts or towers, signs (other
than signs attached to buildings), trees,
shrubs or plants (other than "stock" of
trees, shrubs or plants), all except as
provided in the Coverage Extensions;
q. Overhead transmission and distribution lines;
r. iDams.
3. Covered Causes of Loss
When Special is shown in the Declarations,
Covered Causes of Loss means RISKS OF
DIR'ECT PHYSICAL LOSS unless the loss is:
a. '.Excluded in Section C., Exclusions; or
b. Limited in Section D., Limitations.
4. Additional Coverage
a. !Debris Removal
'(1) We will pay your expense to remove
debris of Covered Property caused by or
resulting from a Covered Cause of Loss
that occurs during the policy period. The
expenses will be paid only if they are
reported to us in writing within 180 days of
the earlier of:
(a) The date of direct physical loss or
damage; or
(b) The end of the policy period.
(2) The most we will pay under this Additional
Coverage is 25% of:
(a) The amount we pay for the direct
physical loss of or damage to
Covered Property, plus
(b) The deductible in this policy
applicable to that loss or damage.
But this limitation does not apply to any
additional debris removal limit provided in
the Limits of Insurance section.
',(3) This Additional Coverage does not apply
to costs to:
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Includes copyrighted mater a of nsurance Services Office, Inc., with its permission.
Copyright, Insurance Services Office, !nc., 1994
bo
do
(a) Extract"pollutants" from land or water;
or
(b) Remove, restore or replace polluted
land or water.
Preservation of Property
If it is necessary to move Covered Property
from the described premises to preserve it
from loss or damage by a Covered Cause of
Loss, we will pay for any direct physical loss
or damage to that property:
('1) While it is being moved or while
temporarily stored at another location; and
(2) Only if the loss or damage occurs within
30 days after the property is first moved.
Fire Department Service Charge
When the fire department is called to save or
protect Covered Property from a Covered
Cause of Loss, we will pay up to $5,000 for
your liability for fire department service
charges:
('1) Assumed by contract or agreement prior
to loss; or
(2) Required by local ordinance.
No Deductible applies to this Additional
Coverage.
Pollutant Clean Up and Removal
We will pay your expense to extract
"pollutants" from land or water at the
described premises if the discharge,
dispersal, seepage, migration, release or
escape of the "pollutants" is caused by or
results from a Covered Cause of Loss that
occurs during the policy period. The
expenses will be paid only if they are reported
to us in writing within 180 days of the eadier
of:
(1) The date of direct physical loss or
damage; or
(2) The end of the policy period.
This Additional Coverage does not apply to
costs to test for, monitor or assess the
existence, concentration or effects of
"pollutants." But we will pay for testing which
is performed in the course of extracting the
"pollutants" from the land or water.
The most we will pay for each described
premises under this Additional Coverage is
$10,000 for the sum of all such covered
expenses arising out of Covered Causes of
Loss occurring during each separate 12
month period of this policy.
Water Damage, Other Liquid, Powder or
Molten Material Damage
If loss or damage caused by or resulting from
covered water or other liquid, powder or
molten material occurs, we will also pay the
cost to tear out and replace any part of the
building or structure to repair damage to the
system or appliance from which the water or
other substance escapes.
Collapse
The term Covered Cause of Loss includes the
Additional Coverage -- Collapse as described
and limited below.
[1) We will pay for direct physical loss or
damage to Covered Property, caused by
collapse of a building or any part of a
building insured under this Coverage
Form, if the collapse is caused by one or
more of the following:
(a) The "specified causes of loss" or
breakage of building glass, all only as
insured against in this Coverage
Form;
(b) Hidden decay;
(c) Hidden insect or vermin damage;
(d) Weight of people or personal
property;
(e) Weight of rain that collects on a roof;
(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. However, if
the collapse occurs after construction,
remodeling or renovation is complete
and is caused in part by a cause of
loss listed in f.(1)(a) through f.(1)(e)
above, we will pay for the loss or
damage even if use of defective
material or methods, in construction,
remodeling or renovation, contributes
to the collapse.
i(2) If the direct physical loss or damage does
not involve collapse of a building or any
part of a building, we will pay for loss or
damage to Covered Property caused by
the collapse of personal property only if:
(a) The personal property which
collapses is inside a building; and
(b) The collapse was caused by a cause
of loss listed in f.(1)(a) through f.(1)(f)
above.
C 24729b (5/99)
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Copyright, insurance Services Office, Inc., 1994
(3) With respect to the following property:
(a) Outdoor radio or television antennas
(including satellite dishes) and their
lead-in wiring, masts or towers;
(b) Awnings, gutters and downspouts;
(c) Yard fixtures;
(d) Outdoor swimming pools;
(e) Fences;
(f) Piers, wharves and docks;
(g) Beach or diving platforms or
appurtenances;
(h) Retaining walls; and
(i) Walks, roadways and other paved
surfaces;
if the collapse is caused by a cause of
loss listed in f.(t)(b) through f.(1)(f) we
will pay for loss or damage to that
property only if:
(a) Such loss or damage is a direct result
of the collapse of a building insured
under this Coverage Form; and
(b) The property is Covered Property
under this Coverage Form.
(4) Collapse does not include settling,
cracking, shrinkage, bulging or expansion.
(5) This Additional Coverage -- Collapse will
not increase the Limits of insurance
provided in this Coverage Form.
Coverage Extensions
Except as otherwise provided, the following
Extensions apply to property located in or on the
building described in the Declarations or in the
open (or in a vehicle). Each of these Extensions
is additional insurance. The Deductible shown in
the Declarations applies to each of these
Extensions, unless otherwise stated. The
Additional Condition, Coinsurance, unless
otherwise stated, does not apply to these
Extensions:
a. Newly Acquired or Constructed Property
(1) You may extend the insurance that
applies to Building to apply to:
(a) Your new buildings while being built
on the described premises; and
(b) Buildings you acquire at locations,
other than the described premises,
intended for:
(i) Similar use as the building
described in the Declarations; or
C 24729b (5/99)
bo
(ii) Use as a warehouse.
The most we will pay for loss or damage
under this Extension is $1,000,000 at
each building.
('2) You may extend the insurance that
applies to Your Business Personal
Property to apply to that property at any
location you acquire other than at fairs or
exhibitions.
The most we will pay for loss or damage
under this Extension is $250,000 at each
building.
(3) Insurance under this Extension for each
newly acquired or constructed property
will end when any of the following first
occurs:
(a) This policy expires;
(b) 180 days expire after you acquire or
begin to construct the property; or
(c) You report values to us.
We will charge you additional premium for
values reported from the date construction
~ begins or you acquire the property.
Personal Effects and Property of Others
You may extend the insurance that applies to
Your Business Personal Property to apply to:
il) Personal Effects owned by you, your
employees, elected or appointed officialS,
or volunteers. This Extension applies to
PersOnal Effects located in or on the
building described in the Declarations or
in the open (or in a vehicle) within 1,000
feet of the described premises. This
Extension does not apply to loss or
damage by theft. The most we will pay for
loss or damage to Personal Effects under
this Extension is $1,000 for personal
property owned by you, or any one
employee, elected or appointed official, or
volunteer; subject to an occurrence limit of
$50,000.
(2) Personal Property of Others
(a) In your care, custody or control; and
(b) Located over 1,000 feet from the
described premises.
The most we will pay for loss or damage
to Personal Property of Others under this
Extension is $15,000 in any one
occurrence.
~Our payment for loss or damage to:
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Copyright, insurance Services Office !nc. 1994
(a) Personal Effects owned by you, your
employees, elected or appointed officials,
or volunteers; or
C 24729b (5/99)
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Includes copyrighted material of Insurance Services Ofice, Inc., with its permission,
Copyright, Insurance Services Office, Inc., 1994
(b) Personal Property of Others
will only be for the account of the owner of the
property.
c. Valuable Papers and Records -- Cost of
Research
You may extend the insurance that applies to
Your Business Personal Property to apply to
your costs to research, replace or restore the
lost information on lost or damaged valuable
papers and records, including those which
exist on electronic or magnetic media, for
which duplicates do not exist. This Extension
applies to your valuable papers and records
located in the building described in the
Declarations or within 1,000 feet of the
described premises. The most we will pay
under this Extension is $250,000 in any one
occurrence.
d. Property Off-Premises
You may extend the insurance provided by
this Coverage Form to apply to your Covered
Property, other than "stock," that is
temporarily at a location you do not own,
lease or operate. This Extension does not
apply to Covered Property:
(1) In or on a vehicle; or
(2) At any fair or exhibition.
The most we will pay for loss or damage
under this Extension is $100,000 in any one
occurrence.
e. Outdoor Property
You may extend the insurance provided by
this Coverage Form to apply to your outdoor
property. The most we will pay for loss or
damage under this Extension to fences, signs
(other than signs attached to buildings),
guardrails, traffic lights, roadsigns, backstops,
goal posts, playground equipment,
scoreboards, trees, shrubs, plants, and lawns
(excluding golf course greens), including
debris removal expense, is $10,000 in any
one occurrence. For all other outdoor
property, the most we wilt pay for loss or
damage under this Extension is $5,000 in any
one occurrence.
The loss or damage must be caused by or
resulting from any of the following causes of
loss if they are Covered Causes of Loss:
('1) Fire;
(2) Lightning;
(3) Explosion;
(4) Riot or Civil Commotion; or
C 24729b (5/99)
',(5) Aircraft.
Golf Course Greens
You may extend the insurance provided by
'.this Coverage Form to apply to your golf
course greens. The most we will pay for loss
or damage under this Extension is $100,000
in any one occurrence.
Personal Computers, EDP Equipment,
Data or Media
'You may extend the insurance that applies to
Your Business Personal Property to apply to
your personal computers, electronic data
processing equipment, data or media. This
Extension includes the property of others that
you hold in any capacity, or for which you are
responsible.
(1) Coverage under this Extension includes:
(a) Personal computers, electronic data
processing and word processing
equipment, including their component
parts;
(b) Data stored on media for use with (a)
above, including facts, concepts,
computer programs and instructional
vehicles used in your data processing
system as well as accounts, bills,
evidences of debt, valuable papers
and records, abstracts, deeds,
manuscripts or other documents in
data processing media form; and
(c) Media for use with (a) above on which
the data is stored.
(2) We will not cover the following kinds of
equipment, data or media:
(a} Any data or media for which
duplicates or replacements do not
exist; or
(b) Property rented or leased to others
while away from the described
premises.
'(3) Payment for loss under this Extension will
be determined as follows:
(a) Personal Computers and EDP
Equipment. We will pay the least of
the following amounts:
(i) The cost of reasonably restoring
that property to its condition
immediately before the loss or
damage; or
(ii) The cost of replacing that
property with identical property.
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Includes copyrighted material of Insurance Services OffiCe, Inc., with its permission.
Copyright, Insurance Services Office, Ipc., 1994
However, when repair or replacement
with identical property is not possible,
we will pay the cost to replace that
property with similar property capable
of performing the same functions.
If not repaired or replaced, the
property will be valued at its actual
cash value.
(b) Data. We will pay up to the actual
cost incurred of reproducing the data.
(c) Media. We will pay to repair or
replace the media with material of the
same kind and quality.
(4) The following exclusions contained in
Section C -- Exclusions do not apply to
this Extension:
(a) Exclusion 1.e. (Utility Services);
(b) Exclusion 2.a. (Artificially generated
electric current);
(c) Exclusion 2.d.(6) (Mechanical
breakdown); and
(d) Exclusion 2.d.(7) (Dampness or
dryness of atmosphere, changes in or
extremes of temperature and marring
or scratching).
(5) The most we will pay under this Extension
is $250,000 in any one occurrence;
however,
(a) If the lost or damaged equipment,
data or media:
(i) Is lost or damaged while in transit
or on a vehicle, or
(ii) Is a laptop computer, including its
portable accessories, owned by
you that is used by your
employees, elected or appointed
officials, or volunteers at a
location away from the described
premises,
the most we will pay is $10,000 in any
one occurrence; or
(b) If the loss or damage to equipment,
data or media is caused by or
resulting from any of the items listed
in (4) above, the most we will pay is
$10,000 in any one occurrence at
each described premises.
Our payment of loss or damage to property of
others will only be for the account of the
owner of the property.
C 24729b (5/99)
Accounts Rece vab e
You may extend the insurance that applies to
Your Business Personal Property to apply to
ross because of loss or damage to your
~records of accounts receivable:
(1) At a described premises or in or on a
vehicle in transit between described
i premises; or
,(2) If the records must be removed from a
, described premises to protect them from
i the threat of a Covered Cause of Loss.
~We will pay:
i(1) All amounts due from your customers that
you are unable to collect;
(2) Interest charges on any loan required to
~ offset amounts you are unable to collect
pending our payment of these amounts;
'(3) Collection expenses in excess of your
normal collection expenses that are made
necessary because of loss or damage;
and
(4) Other reasonable expenses that you incur
to re-establish your records of accounts
receivable;
that result from Covered Causes of Loss to
iyour records of accounts receivable.
'Accounts receivable loss payment will be
determined as follows:
(1) When there is proof that a covered loss
has occurred but you cannot accurately
establish the amount of accounts
receivable outstanding at the time of the
loss, the amount of the loss will be
computed as follows:
(a) Determine the total of the average
monthly amounts of accounts
receivable for the 12 months
immediately preceding the month in
which the loss or damage occurs; and
(b) Adjust that total for any normal
fluctuations in the amount of accounts
receivable for the month in which the
loss or damage occurred or for any
demonstrated variance from the
average for that month.
~(2) We will deduct from the established totat
amount of accounts receivable:
(a) The amount of the accounts for which
there is no loss or damage;
(b) The amount of the accounts that you
are able to re-establish or collect;
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(c) An amount to allow for probable bad
debts that you are normally unable to
collect; and
(d) All unearned interest and service
charges.
(3) If you recover the amount of any accounts
receivable that were included in the
amount of the paid loss, you will return the
recovered amount to us, up to the total
amount of the paid loss. You will keep the
amount of any accounts receivable you
recover in excess of the amount of the
paid loss.
The most we will pay under this Extension is
$250,000 in any one occurrence. If accounts
receivable records are lost or damaged in
transit, the most we will pay is $10,000.
Fairs or Exhibitions
You may extend the insurance provided by
this Coverage Form to apply to your Covered
Property at any fair or exhibition.
The most we will pay for loss or damage
under this Extension is $50,000 in any one
occurrence.
Fire Equipment Recharge
You may extend the insurance provided by
this Coverage Form to apply to the recharge
or refill of your fire protective devices that are
permanently installed in buildings at the
described premises. This Extension applies
when such devices have been discharged by
accident but not for periodic recharge.
The most we will pay under this Extension is
$5,000 for each separate 12 month period of
this policy.
No Deductible applies to this Coverage
Extension.
Inventory Or Appraisal
You may extend the insurance provided by
this Coverage Form to apply to the following
expenses you incur to prepare a claim as
described in Section G.2.c. -- LOSS
CONDITIONS, Duties In The Event Of Loss
Or Damage:
(1) The cost of taking inventories;
(2) The cost of making appraisals; and
(3) The cost of preparing a statement of loss
and other supporting exhibits.
The most we will pay under this Extension for
any claim is $10,000.
C 24729b (5/99)
Page 8 of 21
Animal Mortality
~You may extend the insurance provided by
this Coverage Form to include loss caused by
~the death or destruction of your animals:
(1) Used by your police department as part of
a canine or equestrian patrol; or
(2) On exhibit at your zoos.
The most we will pay under this Extension is
$10,000 in any one occurrence.
Grounds Maintenance Equipment
'You may extend the insurance provided by
~this Coverage Form to apply to your grounds
maintenance equipment.
'The most we will pay under this Extension is
$100,000 in any one occurrence for loss or
damage to such equipment, including but not
'limited to lawnmowers, snowblowers, and
other miscellaneous portable grounds
maintenance equipment.
Extra Expense and Business Income
(1) Extra Expense
You may extend the insurance provided
by this Coverage Form to apply to the
actual and necessary extra expense you
sustain due to direct physical loss or
damage to property at the described
premises caused by or resulting from a
Covered Cause of Loss.
Extra Expense means necessary
expenses you incur during the "period of
restoration" that you would not have
incurred if there had been no direct
physical loss or damage to property:
(a) To avoid or minimize the suspension
of business and to continue
"operations";
(b) To minimize the suspension of
business if you cannot continue
"operations"; or
(c) To repair or replace any property to
the extent it reduces the amount of
loss that otherwise would have been
payable under this Extension.
The most we will pay for loss under this
Extension is $500,000 at each described
premises.
(2) Business Income
You may extend the insurance provided
by this Coverage Form to apply to the
actual loss of Business Income you
sustain due to the necessary suspension
of your "operations" at the described
Includes copyrighted material of Insurance Services Offib, e, Inc,, with its permission.
Copyright, Insurance Services Office, !nc., 1994
(3)
(4)
premises during the "period of
restoration."
Business Income means:
(a) Net Income (Net Profit or Loss before
income taxes) that would have been
earned or incurred, from:
(i) "Rental value";
(ii) Park and recreational facilities;
(iii) Zoos;
(iv) Athletic events; and
(v) Grants, and
(b) Continuing normal operating
expenses incurred, including payroll.
The most we will pay under this Coverage
Extension is $100,000 in any one
occurrence.
"Operations" means:
(a) Your business activities, occurring at
the described premises; and
(b) The tenantability of the described
tenant occupied premises.
"Period of Restoration" means the period
of time that:
(a) Begins:
(i) 72 hours after the time of direct
physical loss or damage for
Business Income coverage; or
(ii) Immediately after the time of
direct physical loss or damage for
Extra Expense coverage;
caused by or resulting from any
Covered Cause of Loss at the
described premises; and
(b) Ends on the earlier of:
(i) The date when the property at the
described premises should be
repaired, rebuilt or replaced with
reasonable speed and similar
quality; or
(ii) The date when business is
resumed at a new permanent
location.
"Period of Restoration" does not include
any increased period required due to the
enforcement of any ordinance or law that:
(a) Regulates the construction, use or
repair, or requires the tearing down of
any property; or
(b) 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."
The expiration date of this policy will not
cut short the "period of restoration."
(5) "Rental Value" means the:
(a) Total anticipated rental income from
tenant occupancy of the premises
described in the Declarations as
furnished and equipped by you, and
(b) Amount of all charges which are the
legal obligation of the tenant(s) and
which would otherwise be your
obligations, and
(c) Fair rental value of any portion of the
described premises which is occupied
by you.
,Fine Arts
=You may extend the insurance provided by
'this Coverage Form to apply to Fine Arts that
'.are:
'(1) Your property; or
(2) The property of others that is in your care,
custody or control; and
'(3) Located within 1,000 feet of the described
~, premises.
~As used in this Coverage Extension, Fine Arts
means paintings, etchings, pictures,
'tapestries, art glass windows, valuable rugs,
;statuary, marble, bronze, antique silver,
:manuscripts, porcelain, rare glass, bric-a-
brac, and similar property of rarity, historical
ivalue or artistic merit.
The value of Fine Art will be the market value
fat the time of loss or damage.
'The most we will pay for loss or damage
under this Extension is $5,000 any one item
and $25,000 in any one occurrence. In the
event of the total loss of any given item or
items that are part of a set, we agree to pay
you the total value of the set and you agree to
surrender the remaining part of the set to us.
Thee Damage to Non-Owned Buildings
You may extend the insurance provided by
this Coverage Form to apply to the ensuing
costs you incur to repair damages to that part
'of a building that you occupy but do not own,
if;
(1) The damages resulted directly from theft;
I and
C 24729b (5/99)
Page 9 of 21
Includes copyrighted material of Insurance Services OffiCe, Inc., with its permission.
Copyright, Insurance Services Office, Ibc., 1994
s~
(2) You assume responsibility for such
damages under a lease agreement that
was executed prior to the theft.
The most we will pay under this Extension for
loss or damage is $50,000 in any one
occurrence.
Paved Surfaces
You may extend the insurance provided by
this Coverage Form to apply to the paved
surfaces of your outdoor playgrounds, tennis
courts, running tracks or other outdoor athletic
courts.
The loss or damage must be caused by or
resulting from a Covered Cause of Loss;
however, no coverage is provided for loss or
damage caused by freezing and thawing or by
vehicles.
The most we will pay for loss or damage
under this Extension is $100,000 in any one
occurrence.
Unnamed Locations
You may extend the insurance provided under
this Coverage Form to apply to your Covered
Property at any location not on file with the
Company.
The most we will pay under this Extension is
$1,000,000 in any one occurrence.
Property in Transit
This Extension applies only to Your Business
Personal Property to which this form applies.
(1) You may extend the insurance provided
by this Coverage Form to apply to Your
Business Personal Property in transit
more than 1,000 feet from the described
premises. Property must be in or on a
motor vehicle you own, lease or operate
while between points in the coverage
territory.
(2) Loss or damage must be caused by or
result from one of the following causes of
loss:
(a) Fire, lightning, explosion, windstorm
or hail, riot or civil commotion, or
vandalism.
(b) Vehicle collision, upset or overturn.
Collision means accidental contact of
your vehicle with another vehicle or
object. It does not mean your
vehicle's contact with the roadbed.
(c) Theft of an entire bale, case or
package by forced entry into a
securely locked body or compartment
C 24729b (5/99)
Page 10 of 21
of the vehicle. There must be visible
marks of the forced entry.
The most we will pay for the loss or damage
~under this Extension is $25,000 in any one
occurrence.
,Building Ordinance or Law
(1) If enforcement of an ordinance or law in
effect at the time of loss regulating zoning,
land use or construction of a building
affects the repair or rebuilding of that
building following damage by a Covered
Cause of Loss, you may extend the
insurance on Building to cover:
(a) Costs to demolish and clear the site of
the undamaged portions of the
building;
(b) The value of the undamaged portions
of the building; and
(c) The increased cost to repair, rebuild
or reconstruct the building with
another building of the same size,
style and comparable quality.
(2) We will not pay more under this Extension
than if the repaired or replaced building
was:
{a) Rebuilt at the same location, as soon
as reasonably possible;
(b) To the same extent the law permits, of
the same height, floor area, style and
comparable quality as the one it
replaces; and
(c) Designed for the same type of
occupancy and use as the one it
replaces, unless otherwise required
by zoning or land use ordinance or
law.
The increased rebuilding costs must be
kept to the minimum needed to satisfy
legal requirements. We will not pay for
any costs to acquire land on which to
rebuild.
(3) If you do not repair or replace the
damaged building, we will pay under this
Extension only to demolish and clear the
site of the undamaged portions of the
building.
(4) This Extension does not apply to the costs
associated with the enforcement of any
ordinance or law that 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",
asbestos or lead.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Copyright, Insurance Services Office, Inc., 1994
The most we will pay under this Extension is
$250,000 for loss to the undamaged portion of
the building and/or demolition costs. The
most we will pay for increased cost of
construction as a result of an occurrence is
ten percent (10%) of the value of that building
as shown on the most recent statement of
values on file with us.
Any Coinsurance penalty applicable to the
building will also apply to the amount
otherwise payable under this Extension.
u. Electrical Utility Services Interruption
You may extend the insurance provided for
Covered Property to apply to loss or damage
caused by interruption of electric power
supply services to the described premises.
The interruption must result from direct
physical loss or damage by a Covered Cause
of Loss to the following property not on the
described premises:
(1) Utility generating plants;
(2) Switching stations or substations;
(3) Transformers; and
(4) Transmission lines, other than overhead
transmission lines.
The most we will pay under this Extension is
$25,000 in any one occurrence.
v. Foundations of Machinery
You may extend the insurance that applies to
Building to apply to foundations of machinery
if their foundations are below:
(1) The lowest basement floor; or
(2) The surface of the ground, if there is no
basement.
The most we will pay under this Extension is
$500,000 in any one occurrence.
w. Underground Pipes, Flues or Drains
You may extend the insurance that applies to
Building to apply to underground pipes, flues,
or drains that are within 1,000 feet of the
described premises.
The most we will pay under this Extension is
$1,000,000 in any one occurrence.
x. Emergency Portable Equipment
You may extend the insurance provided under
this Coverage Form to apply to your
emergency portable equipment.
The most we will pay for loss or damage
under this Extension is $50,000 in any one
occurrence·
C 24729b (5/99)
SECTION B -- OPTIONAL COVERAGES
If shown in the Declarations, the following Optional
Coverages apply separately to each item.
1. Agr~eed Value
The. Additional Condition, Coinsurance, does not
apply to Covered Property to which this Optional
Coverage applies. We will pay no more for loss of
or damage to that property than the proportion that
the Limit of Insurance under this Coverage Form
for the property bears to the Agreed Value shown
for it in the Declarations.
2. Inflation Guard
a. 'The Limit of Insurance for property to which
'this Optional Coverage applies will
automatically increase by the annual
percentage shown in the Declarations.
b. The amount of increase will be:
.(1) The Limit of Insurance that applied on the
I most recent of the policy inception date,
the policy anniversary date, or any other
i policy change amending the Limit of
Insurance, times
(2) The percentage of annual increase shown
in the Declarations, expressed as a
decimal (example: 8% is .08), times
i(3) The number of days since the beginning
of the current policy year or the effective
date of the most recent policy change
amending the Limit of Insurance, divided
by 365.
Example:
If:
'The applicable Limit of
Insurance is $100,000
'The annual percentage
increase is 8%
'The number of days
'since the beginning of the
IpOlicy year (or last policy
change) is 146
The amount of increase is
$100,000 x .08 x 146 + 365 = $3,200
y. Communication Towers
You may extend the insurance provided under
this Coverage Form to apply to radio and
.transmittal towers owned by you.
h'he most we will pay for loss or damage
under this Extension is $100,000 in any one
~occurrence.
Page 11 of 21
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Copyright, Insurance Services Office Inc. 1994
Replacement Cost
a. Replacement Cost (without deduction for
depreciation) replaces Actual Cash Value in
the Loss Condition, Valuation, of this
Coverage Form.
b. This Optional Coverage does not apply to:
(1) Personal property ofothers;
(2) Contents of a residence;
(3) Manuscripts; or
(4) Works of art, antiques or rare articles,
including etchings, pictures, statuary,
marbles, bronzes, porcelains and bric-a-
brac.
c. You may make a claim for less or damage
covered by this insurance on an actual cash
value basis instead of on a replacement cost
basis. In the event you elect to have loss or
damage settled on an actual cash value basis,
you may still make a claim for the additional
coverage this Optional Coverage provides if
you notify us of your intent to do so within 180
days after the loss or damage.
do We will not pay on a replacement cost basis
for any loss or damage:
(1) Until the lost or damaged property is
actually repaired or replaced; and
(2) Unless the repairs or replacement are
made as soon as reasonably possible
after the loss or damage.
e. We will not pay more for loss or damage on a
replacement cost basis than the least of (1),
(2) or (3), Subject to f. below:
(1) The Limit of Insurance applicable to the
lost or damaged property;
(2) The cost to replace, on the same
premises, the lost or damaged property
with other property:
(a) Of comparable material and quality;
and
(b) Used for the same purpose; or
(3) The amount you actually spend that is
necessary to repair or replace the lost or
damaged property.
f. The cost of repair or replacement does not
include the increased cost attributable to
enforcement of any ordinance or law
regulating the construction, use or repair of
any property.
C 24729b (5/99)
SECTION C -- EXCLUSIONS
1. We ,~.,ill not pay for loss or damage caused directly
or in¢irectly by any of the following. Such loss or
damage is excluded regardless of any other cause
or event that contributes concurrently or in any
sequence to the loss.
a. ,Ordinance or Law
Except as provided under the Coverage
Extensions, the enforcement of any ordinance
or law:
il) the construction, use or repair
Regulating
of any property; or
i2) Requiring the tearing down of any
i property, including the cost of removing its
debris.
This exclusion, Ordinance or Law, applies
Whether the loss results from:
(1) An ordinance or law that is enforced even
: if the property has not been damaged; or
(2) The increased costs incurred to comply
with an ordinance or law in the course of
construction, repair, renovation,
remodeling or demolition of property, or
removal of its debris, following a physical
loss to that property.
b. Earth Movement
{1) Any earth movement (other than sinkhole
collapse), such as earthquake, landslide,
mine subsidence or earth sinking, rising or
shifting. But if earth movement results in
fire or explosion, we will pay for the loss
or damage caused by that fire or
explosion.
(2) Volcanic eruption, explosion or effusion.
But if volcanic eruption, explosion or
effusion results in fire, building glass
breakage or volcanic action, we will pay
for the loss or damage caused by that fire,
building glass breakage or volcanic
action.
Volcanic action means direct loss or
damage resulting from the eruption of a
volcano when the loss or damage is
caused by:
(a) Airborne volcanic blast or airborne
shock waves;
(b) Ash, dust or particulate matter; or
(c) Lava flow.
All volcanic eruptions that occur within any
168 hour period will constitute a single
'occurrence.
Page 12 of 21 ~
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Copyright, Insurance Services Office, Inc., 1994
Volcanic action does not include the cost to
remove ash, dust or particulate matter that
does not cause direct physical loss or damage
to the described property.
c. Governmental Action
Seizure or destruction of property by order of
governmental authority.
But we will pay for loss or damage caused by
or resulting from acts of destruction ordered
by governmental authority and taken at the
time of a fire to prevent its spread, if the fire
would be covered under this Coverage Form.
d, Nuclear Hazard
Nuclear reaction or radiation, or radioactive
contamination, however caused.
But if nuclear reaction or radiation or
radioactive contamination, results in fire, we
will pay for the loss or damage caused by that
fire.
e. Utility Services
Except as provided under the Coverage
Extensions, the failure of power or other utility
service supplied to the described premises,
however caused, if the failure occurs away
from the described premises.
But if the failure of power or other utility
service results in a Covered Cause of Loss,
we will pay for the loss or damage caused by
that Covered Cause of Loss.
f, War and Military Action
('1) War, including undeclared or civil war;
(2) Warlike action by a military force,
including action in hindering or defending
against an actual or expected attack, by
any government, sovereign or other
authority using military personnel or other
agents; or
(:3) Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against
any of these.
g. Water
('1) Flood, surface water, waves, tides, tidal
waves, overflow of any body of water, or
their spray, all whether driven by wind or
not; or
(2)Mudslide or mudflow.
But if water, as described in g.('l) and ~1.(2)
results in fire, explosion or sprinkler leakage,
we will pay for the loss or damage caused by
that fire, explosion or sprinkler leakage.
C 24729b (5/99)
Page 13 of 21
We 'will not pay for loss or damage caused by or
res~lting from any of the following:
a. Artificially generated electric current, including
electric arcing, that disturbs electrical devices,
=appliances or wires.
But if artificially generated electric current
:results in fire, we will pay for the loss or
damage caused by that fire.
b. ,Delay, loss of use or loss of market.
c. Smoke, vapor or gas from agricultural
smudging or industrial operations.
d. '(1) Wear and tear;
(2) Rust, corrosion, fungus, decay,
deterioration, hidden or latent defect or
any quality in property that causes it to
damage or destroy itself;
(3) Smog;
i(4) Settling, cracking, shrinking or expansion
of pavements, foundations, walls, floors,
roofs or ceilings;
($) Nesting or infestation, or discharge or
release of waste products or secretions by
insects, birds, rodents or other animals;
(6) Mechanical breakdown, including rupture
or bursting caused by centrifugal force.
But if mechanical breakdown results in
elevator collision, we will pay for the loss
or damage caused by that elevator
collision; or
(7) The following causes of loss or damage to
personal property:
(a) Dampness or dryness of atmosphere;
(b) Changes in or extremes of
temperature; or
(c) Marring or scratching.
But if an excluded cause of loss that is listed
m 2.d.(1) through 2.d.(7) results in a
"specified cause of loss" or building glass
breakage, we will pay for the loss or damage
icaused by that "specified cause of loss" or
'building glass breakage.
e. ~Explosion of steam boilers, steam pipes,
~steam engines or steam turbines owned or
leased by you, or operated under your control.
But if explosion of steam boilers, steam pipes,
steam engines or steam turbines results in fire
~or combustion explosion, we will pay for the
loss or damage caused by that fire or
~combustion explosion. We will also pay for
loss or damage caused by or resulting from
the explosion of gases or fuel within the
furnace of any fired vessel or within the flues
Includes copyrighted material of Insurance Services Offi~:e, Inc,, with its permission.
Copyright, Insurance Services Office, Inc., 1994
J
or passages through which the gases of
combustion pass.
f. Continuous or repeated seepage or leakage
of water that occurs over a period of 14 days
OF more.
g. Water, other liquid, powder or molten material
that leaks or flows from plumbing, heating, air
conditioning or other equipment (except fire
protective systems) caused by or resulting
from freezing, unless:
(1) You do your best to maintain heat in the
building or structure; or
(2) You drain the equipment and shut off the
supply if the heat is not maintained.
h. Dishonest or criminal act by you, any of your
employees (including leased employees),
elected or appointed officials, directors,
trustees, authorized representatives or
anyone to whom you entrust the property for
any purpose:
(1) Acting alone or in collusion with others; or
(2) Whether or not occurring during the hours
of employment.
This exclusion does not apply to acts of
destruction by your employees (including
leased employees); but theft by employees
(including leased employees) is not covered.
i. Voluntary parting with any property by you or
anyone else to whom you have entrusted the
property if induced to do so by any fraudulent
scheme, trick, device or false pretense.
j. Rain, snow, ice or sleet to personal property in
the open.
k. Collapse, except as provided in the Additional
Coverage for Collapse. But if collapse results
in a Covered Cause of Loss at the described
premises, we will pay for the loss or damage
caused by that Covered Cause of Loss.
I. Discharge, dispersal, seepage, migration,
release or escape of "pollutants" unless the
discharge, dispersal, seepage, migration,
release or escape is itself caused by any of
the "specified causes of loss." But if the
discharge, dispersal, seepage, migration,
release or escape of "pollutants" results in a
"specified cause of loss," we will pay for the
loss or damage caused by that "specified
cause of loss."
We will not pay for loss or damage caused by or
resulting from any of the following, 3.a. through
3.c. But if an excluded cause of loss that is listed
in 3.a. through 3.c. results in a Covered Cause of
C 24729b (5/99)
Loss, we will pay for loss or damage caused by
that Covered Cause of Loss.
a. Weather conditions. But this exclusion only
'applies if weather conditions contribute in any
way with a cause or event excluded in
paragraph '1. above to produce the loss or
damage.
b. Acts or decisions, including the failure to act
or decide, of any person, group, organization
'or governmental body.
c. Faulty, inadequate or defective:
'.('1 ) Planning, zoning, development,
surveying, siting;
(2) Design, specifications, workmanship,
repair, construction, renovation,
remodeling, grading, compaction;
(3) Materials used in repair, construction,
renovation or remodeling; or
(4) Maintenance;
of part or all of any property on or off the
:described premises.
SECTION D -- LIMITATIONS
The follbwing limitations apply to all policy forms and
endorsements, unless otherwise stated.
1. We will not pay for loss of or damage to property,
as 'described and limited in this section. In
add,ition, we will not pay for any loss that is a
consequence of loss or damage as described and
limited in this section.
a. 'Steam boilers, steam pipes, steam engines or
steam turbines caused by or resulting from
!any condition or event inside such equipment.
'But we will pay for loss of or damage to such
:,equipment caused by or resulting from an
,explosion of gases or fuel within the furnace of
'any fired vessel or within the flues or
'passages through which the gases of
:combustion pass.
b..Hot water boilers or other water heating
equipment caused by or resulting from any
'condition or event inside such boilers or
; equipment, other than an explosion.
c. i Property that is missing, where the only
evidence of the loss or damage is a shortage
disclosed on taking inventory, or other
instances where there is no physical evidence
. to show what happened to the property.
d. Gutters and downspouts caused by or
resulting from weight of snow, ice or sleet.
e. ' Property that has been transferred to a person
~ or to a place outside the described premises
~ on the basis of unauthorized instructions.
Page 14of21
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Copyright, Insurance Services Office, Inc., 1994
2. We will not pay more than $25,000 for direct
physical loss or damage caused by:
~ a. Water that backs-up from a sewer or drain; or
b. Water under the ground surface pressing on,
or flowing or seeping through:
(1) Foundations, walls, floors or paved
surfaces;
(2) Basements, whether paved or not; or
(3) Doors, windows or other openings.
3. We will not pay for loss of or damage to the
following types of property unless caused by the
"specified causes of loss" or building glass
breakage:
a. Valuable papers and records, such as books
of account, manuscripts, abstracts, drawings,
card index systems, film, tape, disc, drum, cell
or other data processing, recording or storage
media, and other records.
b. Animals, and then only if they are killed or
their destruction is made necessary.
c. Fragile articles such as glassware, statuary,
marbles, chinaware and porcelains, if broken.
This restriction does not apply to:
(1) Glass that is part of a building or
structure;
/----., (2) Containers of property held for sale; or
! (3) Photographic or scientific instrument
lenses·
4. The special limit shown for each category, a.
through c., is the total limit for loss of or damage
to all property in that category. The special limit
applies to any one occurrence of theft, regardless
of the types or number of articles that are lost or
damaged in that occurrence. The special limits
are:
a. $2,500 for furs, fur garments and garments
trimmed with fur.
b. $2,500 for jewelry, watches, watch
movements, jewels, pearls, precious and
semi-precious stones, bullion, gold, silver,
platinum and other precious alloys or metals.
This limit does not apply to jewelry and
watches worth $100 or less per item.
c. $250 for stamps, tickets and letters of credit.
These special limits are part of, not in addition to,
the Limit of Insurance applicable to the Covered
Property.
5. We will not pay the cost to repair any defect to a
system or appliance from which water, other
liquid, powder or molten material escapes. But we
will pay the cost to repair or replace damaged
C 24729b (5~99) Page
part~ of fire extinguishing equipment if the
damage:
a. Results in discharge of any substance from an
':automatic fire protection system; or
b. 'Is directly caused by freezing.
Ho,,~ever, this limitation does not apply to the
Extca Expense and Business Income Coverage
Extension.
SECTIQN E -- LIMITS OF INSURANCE
The most we will pay for loss or damage in any one
occurrence is the applicable Limit of Insurance shown
in the D,eclarations.
The most we will pay for loss or damage to outdoor
signs attached to buildings is $5,000 per sign in any
one occ,urrence.
The limits applicable to the Coverage Extensions and
the Fire Department Service Charge and Pollutant
Clean Up and Removal Additional Coverages are in
addition to the Limits of Insurance.
Payments under the following Additional Coverages
will not i~crease the applicable Limit of Insurance:
1. Preservation of Property;
2. collbpse;
3. wa[er Damage, Other Liquid, Powder or Molten
Material Damage; or
4. DelJris Removal; but if:
a. The sum of direct physical loss or damage
rand debris removal expense exceeds the
Limit of Insurance; or
b..The debris removal expense exceeds the
.amount payable under the 25% limitation in
~the Debris Removal Additional Coverage;
we ~vill pay up to an additional $10,000 for each
location in any one occurrence under the Debris
Rerfloval Additional Coverage.
SECTION F -- DEDUCTIBLE
We will not pay for loss or damage in any one
occurrehce until the amount of loss or damage
exceed~ the Deductible shown in the Declarations.
We will' then pay the amount of loss or damage in
excess Of the Deductible, up to the applicable Limit of
InsuranCe, after any deduction required by the
Coinsurance condition or the Agreed Value Optional
Coverage.
VVhen the occurrence involves loss to more than one
item of Covered Property and more than one Limit of
Insurance applies, the Deductible will reduce the total
amount'of loss payable if loss to at least one item is
less th~n the sum of (1) the Limit of Insurance
applicaSle to that item plus (2) the Deductible.
15 of 21 I
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Copyright, Insurance Services Office, Ibc., 1994
Example No. 1:
(This example assumes there is no coinsurance
penalty.)
Deductible:
Limit of Insurance - Bldg. 1:
Limit of insurance - Bldg. 2:
Loss to Bldg. 1:
Loss to Bldg. 2:
$250
$60,000
$80,000
$60,100
$9O,000
The amount of loss to Bldg. 1 ($60,100) is less than
the sum ($60,250) of the Limit of Insurance applicable
to Bldg. 1 plus the Deductible.
The Deductible will be subtracted from the amount of
loss in calculating the loss payable for Bldg. 1:
$60,100
-250
$59,850
Loss Payable - Bldg. 1
The Deductible applies once per occurrence and
therefore is not subtracted in determining the amount
of loss payable for Bldg. 2. Loss payable for Bldg. 2 is
the Limit of Insurance of $80,000.
Total amount of loss payable: $59,850 + 80,000 =
$139,850.
Example No. 2:
(This example, too, assumes there ~s no coinsurance
penalty.)
The Deductible and Limits of Insurance are the same
as those in Example No. 1.
Loss to Bldg. 1: $70,000
Loss to Bldg. 2: $90,000
Loss Payable - Bldg. 1: $60,000
Loss Payable - Bldg. 2: $80,000
Total amount of loss
payable: $140,000
(exceeds Limit
of Insurance
plus Deductible)
(exceeds Limit
of Insurance
plus Deductible)
(Limit of Insur-
ance)
(Limit of Insur-
ance)
C 24729b(5/99)
SECTION G -- CONDITIONS
The following conditions apply in addition to the
Common Policy Conditions:
1. COMMERCIAL PROPERTY CONDITIONS
a. Concealment, Misrepresentation Or Fraud
This Coverage Form is void in any case of
fraud by you as it relates to this Coverage
Form at any time. It is also void if you or any
other insured, at any time, intentionally
conceal or misrepresent a material fact
concerning:
~(1) This Coverage Form;
(2) The Covered Property;
(3) Your interest in the Covered Property; or
(4) A claim under this Coverage Form.
b. Control Of Property
Any act or neglect of any person other than
you beyond your direction or control will not
affect this insurance.
The breach of any condition of this Coverage
Form at any one or more locations will not
iaffect coverage at any location where, at the
time of loss or damage, the breach of
condition does not exist.
c. Insurance Under Two Or More Coverages
If two or more of this policy's coverages apply
to the same loss or damage, we will not pay
more than the actual amount of the loss or
damage.
d. Legal Action Against Us
No one may bring a legal action against us
under this Coverage Form unless:
(1) There has been full compliance with all of
the terms of this Coverage Form; and
(2) The action is brought within 2 years after
the date on which the direct physical loss
or damage occurred.
e. Liberalization
If we adopt any revision that would broaden
the coverage under this Coverage Form
without additional premium within 45 days
prior to or during the policy period, the
broadened coverage will immediately apply to
this Coverage Form.
f. No Benefit To Bailee
No person or organization, other than you,
.having custody of Covered Property will
benefit from this insurance.
Page 16 of 21
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Copyright, Insurance Services Office, Inc., 1994
g. Other Insurance
(1) You may have other insurance subject to
the same plan, terms, conditions and
provisions as the insurance under this
Coverage Form. If you do, we will pay our
share of the covered loss or damage. Our
share is the proportion that the applicable
Limit of Insurance under this Coverage
Form beare to the Limits of Insurance of
all insurance covering on the same basis.
(2) If there is other insurance covering the
same loss or damage, other than that
described in (1) above, we will pay only
for the amount of covered loss or damage
in excess of the amount due from that
other insurance, whether you can collect
on [t or not. But we will not pay more than
the applicable Limit of Insurance.
h. Policy Period, Coverage Territory
Under this Coverage Form:
(1) We cover loss or damage commencing:
(a) During the policy per[od shown in the
Declarations; and
(b) Within the coverage territory.
(2) The coverage territory is:
(a) The United States of America
(including its territories and
possessions);
(b) Puerto Rico; and
(c) Canada.
i. Transfer Of Rights Of Recovery Against
Others To Us
If any person or organization to or for whom
we make payment under this Coverage Form
has rights to recover damages from another,
those rights are transferred to us to the extent
of our payment. That person or organization
must do everything necessary to secure our
rights and must do nothing after loss to impair
them. But you may waive your rights against
another party in writing:
(1) Prior to a loss to your Covered Property or
Covered Income.
(2) After a loss to your Covered Property or
Covered Income only if, at time of loss,
that party is one of the following:
(a) Someone insured by this insurance;
(b) A business firm:
(i) Owned or controlled by you; or
(ii) That owns or controls you; or
C 24729b (5/99)
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Copyright, insurance Services Office, !nc., 1994
(c) Your tenant.
This will not restrict your insurance.
LOSS CONDITIONS
a. 'Abandonment
There can be no abandonment of any property
to us.
b. Appraisal
If we and you disagree on the value of the
property or the amount of loss, either may
make written demand for an appraisal of the
loss. in this event, each party will select a
competent and impartial appraiser. The two
appraisers will select an umpire, if they cannot
.agree, either may request that selection be
made by a judge of a court having jurisdiction.
The appraisers will state separately the value
of the property and amount of loss. If they fail
to agree, they will submit their differences to
the umpire. A decision agreed to by any two
iwill be binding. Each party will:
(1) Pay its chosen appraiser; and
(2) Bear the other expenses of the appraisal
and umpire equally.
If there is an appraisal, we will still retain our
~right to deny the claim.
c. Duties In The Event Of Loss Or Damage
'You must see that the following are done in
the event of loss or damage to Covered
Property:
(1) Notify the police if a law may have been
broken.
(2) Give us prompt notice of the loss or
damage. Include a description of the
~ property involved.
(3) As soon as possible, give us a description
of how, when and where the loss or
damage occurred.
(4) Take all reasonable steps to protect the
Covered Property from further damage
and keep a record of your expenses
necessary to protect the Covered
Property, for consideration in the
settlement of the claim. This will not
increase the Limit of Insurance. However,
we will not pay for any subsequent loss or
damage resulting from a cause of loss
that is not a Covered Cause of Loss.
Also, if feasible, set the damaged property
aside and in the best possible order for
examination.
($) At our request, give us complete
I inventories of the damaged and
undamaged property. Include quantities,
costs, values and amount of loss claimed.
(6) As often as may be reasonably required,
permit us to inspect the property proving
the loss or damage and examine your
books and records.
Also permit us to take samples of
damaged and undamaged property for
inspection, testing and analysis, and
permit us to make copies from your books
and records.
(?) Send us a signed, sworn proof of loss
containing the information we request to
investigate the claim. You must do this
within 60 days after our request. We will
supply you with the necessary forms.
(8) Cooperate with us in the investigation or
settlement of the claim.
We may examine any insured under oath,
while not in the presence of any other insured
and at such times as may be reasonably
required, about any matter relating to this
insurance or the claim, including an insured's
books and records. In the event of an
examination, an insured's answer must be
signed.
Loss Payment
(1) In the event of loss or damage covered by
this Coverage Form, at our option, we will
either:
(a) Pay the value of lost or damaged
property;
(b) Pay the cost of repairing or replacing
the lost or damaged property; subject
to (2) below;
(c) Take all or any part of the property at
an agreed or appraised value; or
(d) Repair, rebuild or replace the property
with other property of like kind and
quality, subject to (2) below.
(2) The cost to repair, rebuild or replace does
not include the increased cost attributable
to enforcement of any ordinance or law
regulating the construction, use or repair
of any property.
($) We will give notice of our intentions within
30 days after we receive the sworn proof
of loss.
(4) We will not pay you more than your
financial interest in the Covered Property.
($) We may adjust losses with the owners of
lost or damaged property if other than
you. If we pay the owners, such
C 24729b (5/99)
payments will satisfy your claims against
us for the owners' property. We will not
pay the owners more than their financial
interest in the Covered Property.
(6) We may elect at our expense to defend
: you against suits arising from claims of
i owners of property.
(7) We will pay for covered loss or damage
within 30 days after we receive the sworn
proof of loss, if you have complied with all
of the terms of this Coverage Form and:
(a) We have reached agreement with you
on the amount of loss; or
(b) An appraisal award has been made.
Recovered Property
If either you or we recover any property after
loss settlement, that party must give the other
prompt notice. At your option, the property
will be returned to you. You must then return
to us the amount we paid to you for the
property. We will pay recovery expenses and
the expenses to repair the recovered property,
subject to the Limit of Insurance.
Vacancy
(1) Description of Terms
(a) As used in this Vacancy Condition,
the term building and the term vacant
have the meanings set forth in (a)(i)
and (a)(ii) below:
(i) When this policy is issued to a
tenant, and with respect to that
tenant's interest in Covered
Property, building means the unit
or suite rented or leased to the
tenant. Such building is vacant
when it does not contain enough
business personal property to
conduct customary operations.
(ii) When this policy is issued to the
owner of a building, building
means the entire building. Such
building is vacant when 70% or
more of its square footage:
(aa) Is not rented; or
(bb) Is not used to conduct
customary operations.
(b) Buildings under construction or
renovation are not considered vacant.
'(2) Vacancy Provisions
If the building where loss or damage
occurs has been vacant for more than 60
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Copyright, Insurance Services Office, !nc., 1994
C 24729b (5/99)
consecutive days before that
damage occurs:
(a) We will not pay for any
lOSS or
loss or
damage caused by any of the
following even if they are Covered
Causes of Loss:
(i) Vandalism;
(ii) Sprinkler leakage, unless you
have protected the system
against freezing;
(iii) Building glass breakage;
(iv) Water damage;
(v) Theft; or
(vi) Attempted theft.
(b) With respect to Covered Causes of
Loss other than those listed in (2)(a)(i)
through (2)(a)(vi) above, we will
reduce the amount we would
otherwise pay for the loss or damage
by 15%.
Valuation
We will determine the value of Covered
Property in the event of loss or damage as
follows:
(1) At actual cash value as of the time of loss
or damage, except as provided in (2), (3),
(4), ($),and (6) below.
(2) If the Limit of Insurance for Building
satisfies the Additional Condition,
Coinsurance, and the cost to repair or
replace the damaged building property is
$2,500 or less, we will pay the cost of
building repairs or replacement. Any
increased cost attributable to enforcement
of any ordinance or law regulating the
construction, use or repair of any property
is not covered and may not be included
within the cost of building repairs or
replacement.
The following property will be valued at
the actual cash value even when attached
to the building:
(a) Awnings or floor coverings;
(b) Appliances for refrigerating,
ventilating, Cooking, dishwashing or
laundering; or
(c) Outdoor equipment or furniture.
(3) "Stock" you have sold but not delivered at
the selling price less discounts and
expenses you otherwise would have had.
(4) Glass at the cost of replacement with
safety glazing material if required by law.
Page 19 of 21
(5) Tenant's Improvements and Betterments
at:
(a) Actual cash value of the lost or
damaged property if you make repairs
promptly.
{b) A proportion of your original cost if
you do not make repairs promptly.
We will determine the proportionate
value as follows:
(i) Multiply the original cost by the
number of days from the loss or
damage to the expiration of the
lease; and
(ii) Divide the amount determined in
(i) above by the number of days
from the installation of
improvements to the expiration of
the lease.
If your lease contains a renewal
option, the expiration of the
renewal option period will replace
the expiration of the lease in this
procedure.
(c) Nothing if others pay for repairs or
replacement.
(6) Valuable Papers and Records, including
those which exist on electronic or
magnetic media (other than prepackaged
software programs), at the cost of:
(a) Blank materials for reproducing the
records; and
: (b) Labor to transcribe or copy the
records when there is a duplicate.
3. ADDITIONAL CONDITIONS
a. Coinsurance
If a Coinsurance percentage is shown in the
'Declarations, the following condition applies:
(1) We will not pay the full amount of any loss
if the value of the Covered Property at the
time of loss times the Coinsurance
percentage shown for it in the
Declarations is greater than the Limit of
Insurance for the property.
Instead, we will determine the amount we
will pay using the following steps:
(a) Multiply the value of the Covered
Property at the time of loss by the
Coinsurance percentage;
(b) Divide the Limit of Insurance of the
property by the figure determined in
step (a);
Includes copyrighted material of Insurance Services Off!ce, Inc., with its permission.
Copyright, Insurance Services Office, Inc., 1994
(c) Multiply the total amount of loss,
before the application of any
deductible, by the figure determined in
step (b); and
(d) Subtract the deductible from the figure
determined in step (c).
We will pay the amount determined in
step (d) or the limit of insurance,
whichever is less. For the remainder, you
will either have to rely on other insurance
or absorb the loss yourself.
Example No. I (Underinsurance)
When:
The value of the property is $250,000
The Coinsurance percentage
for it is 80%
The Limit of Insurance for it
is
The deductible is
The amount of loss is
$100,000
$250
$40,000
Step (1): $250,000 x 80% = $200,000 (the
minimum amount of insurance to meet your
Coinsurance Requirements)
Step (2): $100,000 + $200,000 = .50
Step (3): $40,000 x .50 = $20,000
Step (4): $20,000 - $250 = $19,750
We will pay no more than $19,750. The
remaining $20,250 is not covered.
Example No. 2 (Adequate Insurance)
The value of the property is $250,000
The Coinsurance percentage
for it is 80%
The Limit of Insurance for it
is $200,000
The deductible is $250
The amount of loss is $40,000
The minimum amount of insurance to meet
your Coinsurance requirement is $200,000
($250,000 x 80%). Therefore, the Limit of
Insurance in this Example is adequate and no
penalty applies. We will pay no more than
$39,750 ($40,000 amount of loss minus the
deductible of $250).
If one Limit of Insurance applies to two or
more separate items, this condition will apply
to the total of all property to which the limit
applies.
C 24729b (5/99) Page 20 of 21
Example No. 3
When:
.The value of the property is:
! Bldg. at Location No. 1 $75,000
Bldg. at Location No. 2 $100,000
i Personal Property at
~ Location No. 2 $75,000
$250,000
The Coinsurance
pementage for it is 90%
The Limit of Insurance for
Buildings and Personal
Property at Location
Nos. 1 and 2 is $180,000
The Deductible is $1,000
'The amount of loss is:
Bldg. at Location No. 2 $30,000
Personal Property at
Location No. 2 $20,000
$50,000
'Step (1): $250,000 x 90% = $225,000 (the
minimum amount of insurance to meet your
'Coinsurance requirements and to avoid the
penalty shown below)
Step (2): $180,000 + $225,000 = .80
Step (3): $50,000 x .80 = $40,000.
iStep (4): $40,000 ~ $1,000 = $39,000.
yVe will pay no more than $39,000. The
iremaining $11,000 is not covered.
Mortgageholders
(1) The term mortgageholder includes trustee.
(2) We will pay for covered loss of or damage to
buildings or structures to each
mortgageholder shown in the Declarations in
their order of precedence, as interests may
~ppear.
(3) The mortgageholder has the right to receive
loss payment even if the mortgageholder has
~tarted foreclosure or similar action on the
building or structure.
(4) ',If we deny your claim because of your acts or
because you have failed to comply with the
~erms of this Coverage Form, the
'.mortgageholder will still have the right to
receive loss payment if the mortgageholder:
(a) Pays any premium due under this
Coverage Form at our request if you have
failed to do so;
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Copyright, Insurance Services Office, I~nc., 1994
(b) Submits a signed, sworn proof of loss
within 60 days after receiving notice from
us of your failure to do so; and
(c) Has notified us of any change in
ownership, occupancy or substantial
change in risk known to the
mortgageholder.
All of the terms of this Coverage Form will
then apply directly to the mortgageholder.
(5) If we pay the mortgageholder for any loss or
damage and deny payment to you because of
your acts or because you have failed to
comply with the terms of this Coverage Form:
(a) The mortgageholder's rights under the
mortgage will be transferred to us to the
extent of the amount we pay; and
(b) The mortgageholder's right to recover the
full amount of the mortgageholder's claim
will not be impaired.
At our option, we may pay to the
mortgageholder the whole principal on the
mortgage plus any accrued interest. In this
event, your mortgage and note will be
transferred to us and you will pay your
remaining mortgage debt to us.
(6) If we cancel this policy, we will give written
notice to the mortgageholder at least:
(a) 10 days before the effective date of
cancellation if we cancel for your
nonpayment of premium; or
(b) 30 days before the effective date of
cancellation if we cancel for any other
reason.
(7) If we elect not to renew this policy, we will
give written notice to the mortgageholder at
least 10 days before the expiration date of this
policy.
SECTION H -- DEFINITIONS
'1. "Poilutants" 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.
2. "Sp.lecified Causes of Loss" means the following:
Fire; lightning; explosion; windstorm or hail;
smoke; aircraft or vehicles; riot or civil commotion;
vandalism; leakage from fire extinguishing
equipment; sinkhole collapse; volcanic action;
falling objects; weight of snow, ice or sleet; water
damage.
a. Sinkhole collapse means the sudden sinking
Ior collapse of land into underground empty
'spaces created by the action of water on
limestone or dolomite. This cause of loss
does not include:
:(1) The cost of filling sinkholes; or
'(2) Sinking or collapse of land into man-made
! underground cavities.
b. Falling objects does not include loss or
damage to:
(1) Personal property in the open; or
i(2) The interior of a building or structure, or
property inside a building or structure,
unless the roof or an outside wall of the
building or structure is first damaged by a
falling object.
c. Water damage means accidental discharge or
leakage of water or steam as the direct result
of the breaking apart or cracking of any part of
'a system or appliance containing water or
Steam.
3. "Stoick'' means merchandise held in storage or for
sale~, raw materials and in-process or finished
goods, including supplies used in their packing or
shil~ping.
C 24729b (5/99)
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Copyright, Insurance Services Office, Inc., 1994
ENDORSEMENT NO.
ATTACHED TO AND ENDORSEMENT bbt-bCTIVE
AGENCY
AND
CODE
INSURED
FORMING A PART OF (Standard Time)
POLICY NUMBER MO. DAY YR. 12:01 NOON
A.M.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION OF WAR, MILITARY ACTION '.AND TERRORISM
This endorsement mod ties insurance provide? under the following:
BUILDING AND PERSONAL PROPERTY COVERAGE FORM -- EDUCATIONAL INSTITUTION
BUILDING AND PERSONAL PROPERTY COVERAGiE FORM -- PUBLIC ENTITY
COMMERCIAL PROPERTY COV, ERAGE
INLAND MARINE COVERAGE
The War And Military Action Exclusion is replaced
by the following Exclusion. With respect to any
Coverage Form to which the War And Military
Action Exclusion does not apply, that Exclusion is
hereby added as follows.
WAR AND MILITARY ACTION EXCLUSION
We will not pay for loss or damage caused directly
or indirectly by the following. Such loss or damage
is excluded regardless of any other cause or event
that contributes concurrently or in any sequence to
the loss.
1. War, including undeclared or civil war; or
2. Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any government,
sovereign or other authority using military
personnel or other agents; or
3. Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against any
of these.
With respect to any action that comes within the
terms of this exclusion and involves nuclear
reaction or radiation, or radioactive contamination,
this War And Military Action Exclusion supersedes
the Nuclear Hazard Exclusion.
B. ~Regardless of the amount of damage and
losses, the Terrorism Exclusion applies to any
incident of terrorism:
1. That involves the use, release or escape
of nuclear materials, or that directly or
indirectly results in nuclear reaction or
radiation or radioactive contamination; or
2. That is carried out by means of the
dispersal or application of pathogenic or
poisonous biological or chemical
materials; or
3. In which pathogenic or poisonous
biological or chemical materials are
re[eased, and it appears that one purpose
of the terrorism was to release such
materials.
'Except as provided in B.I., B.2., or B.3.
~,above, the Terrorism Exclusion will only apply
'to an incident of terrorism in which the total of
insured damage to ail types of property in the
United States, its territories and possessions,
' Puerto Rico and Canada exceeds
$25,000,000. In determining whether the
'$25,000,000 threshold is exceeded, we will
~include all insured damage sustained by
' property of all persons and entities affected by
the terrorism and business interruption
ZC 26350 (12/01)
Page 1 of 2
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Copyright, Insurance Services Office, Inc., 2001
losses sustained by owners or occupants of
the damaged property. For the purpose of
this provision, insured damage means
damage that is covered by any insurance plus
damage that would be covered by any
insurance but for the application of any
terrorism exclusions. Multiple incidents of
terrorism which occur within a 72-hour period
and appear to be carried out in concert or to
have a related purpose or common leadership
will be deemed to be one incident.
The preceding paragraph describes the
threshold used to measure the magnitude of
an incident of terrorism and the circumstances
in which the threshold will apply, for the
purpose of determining whether the Terrorism
Exclusion will apply to that incident. When the
Terrorism Exclusion applies to an incident of
terrorism, there is no coverage under the
insurance identified in this endorsement.
In the event of any incident of terrorism that is
not subject to the Terrorism Exclusion,
coverage does not apply to any element of
loss or damage that is otherwise excluded
under the insurance identified in this
endorsement.
TERRORISM EXCLUSION
We will not pay for loss or damage caused
directly or indirectly by terrorism, including
action in hindering or defending against an
actual or expected incident of terrorism. Such
loss or damage is excluded regardless of any
other cause or event that contributes
concurrently or in any sequence to the loss.
Terrorism means activities against persons,
~organizations or property of any nature:
~1. That involve the following or preparation
for the following:
a. Use or threat of force or violence; or
b. Commission or threat of a dangerous
act; or
c. Commission or threat of an act that
interferes with or disrupts an
electronic, communication,
information, or mechanical system;
and
'.2. When one or both of the following applies:
a. The effect is to intimidate or coerce a
government or the civilian population
or any segment thereof, or to disrupt
any segment of the economy; or
b. It appears that the intent is to
intimidate or coerce a government, or
to further political, ideological,
religious, social or economic
objectives or to express (or express
opposition to) a philosophy or
ideology.
'But with respect to any such activity that also
',comes within the terms of the War And
Military Action Exclusion, that exclusion
supersedes this Terrorism Exclusion.
In the event of an incident of terrorism that
involves nuclear reaction or radiation, or
radioactive contamination, this Terrorism
Exclusion supersedes the Nuclear Hazard
Exclusion.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED
AUTHORIZED REPRESENTATIVE
DATE
ZC 26350 (12/01)
Page 2 of 2 !
Includes copyrighted material of insurance Services OffiCe, Inc., with its permission.
Copyright, Insurance Services Office, ?c., 2001
ENDORSEMENT NO.
ATTACHED TO AND ENDORSEMENT EFFECTIVE INSURED AGENCY AND CODE
FORMING A PART OF (Standard time)
POLICY NUMBER MO. DAY YR. 12.01 NOON
3XZ12057001 08 06 2002 A.M. CITY OF JEFFERSONVILLE 430034
X
Description
THIS ENDORSEMENT CHANGES THE POLICY· PLEASE READ IT CAREFULLY·
BLANKET PORTABLE EQUIPMENT ENDO?SEMENT
This endorsement modifies insurance provided under the following:
BUILDING AND PERSONAL PROPERTY COVERAGE FORM
Schedule
Coverage limit I Special beaucfibie
Portable Firefighting, Ambulance
or Rescue Related Equipment
1. Section 1. Covered Property, contained in
Section A. COVERAGE, is amended toinclude
the following:
$483,080 i $1,000
We Will pay for direct physical loss of or
(~-"' damage to Covered Property at the premises
described in the Declarations caused by or
resulting from any Covered Cause of Loss.
a. Covered Property
Covered Property, as used in this Coverage
Part, means the following type of property
for which a Limit of Insurance is shown in
the Schedule above;
Portable Firefighting, Ambulance or Rescue
Related Equipment owned by you or
furnished to you for your regular use or
temporarily in your possession, while at or
away from your premises.
2. Section 2. Property Not Covered, paragraph
o.(2)(c), contained in section A. COVERAGE, is
deleted in its entirety and is replaced by the
following:
This paragraph does not apply to:
a) Watercraft not exceeding 15 feet in
length or 50 horsepower or rowboats
or canoes out of water at the
deS, cribed premises.
Sectiob C. LIMITS OF INSURANCE is amended
to include the following:
The most we will pay for loss or damage in any
one occurrence to portable firefighting,
ambulance or rescue related equipment is the
Coverage Limit shown in the Schedule above.
The following provisions are applicable only to
such p~rtable equipment:
a. T,he Coverage Limit is our estimated
replacement cost of all covered property
based on the number and type of vehicles
~hich carry equipment you own.
b. You agree to report to us, at the policy
inception and when newly acquired
vehicles are obtained, the accurate number
a~d type of all such vehicles. You have up
to thirty (30) days to report newly acquired
vehicles to us.
If you have failed to report the accurate
number and type of all such vehicles or
failed to give a proper description of any
sbch vehicle, we will not be liable for a
greater proportion of any loss to property
covered than the Coverage Limit shown in
C 24334a Page I of 2 9-99
the Schedule above bears to the amount of
coverage that would have been carried had
you properly reported the accurate number
and type of all such vehicles.
d. If you have reported the accurate number
and type of all such vehicles, we will apply
no penalty in the event of a loss.
Section D. DEDUCTIBLE is amended to include
the following:
A special Deductible is applicable to portable
fimfighting, ambulance or rescue related
equipment and is shown in the Schedule
above. We subtract this deductible from the
amount of loss. All claims arising out of
one occurrence shall be adjusted as one claim.
If a covered loss under this endorsement also
involves a loss under an Automobile Physical
Damage or Commercial Property policy issued
by us, only one (1) deductible, the largest, will
apply. The deductible under the other policies
will be waived.
Section G. OPTIONAL COVERAGE is amended
to include the following:
Guaranteed Replacement Cost for Portable
Firefighfing, Ambulance or Rescue Related
Equipment
(1)
If you have reported the accurate
number and type of all vehicles and the
cost to replace all damaged, lost or
stolen property is more than the
Coverage Limit shown in the Schedule
above, we will pay the entire cost less
any applicable deductible.
(2)
If you have failed to report the accurate
number and type of all such vehicles or
failed to give a proper description of
any such vehicle, and the cost to
replace all damaged, lost or stolen
property is more than the Coverage
Limit shown in the Schedule above, we
will not be liable for a greater
proportion of any loss to property that
exceeds the Coverage Limit than the
Coverage Limit bears to the amount of
coverage that would have been carried
had you properly reported the accurate
number and type of all such vehicles.
(3)
If we pay a loss that exceeds the
Coverage Limit, you agree to pay the
appropriate premium for the higher
amount as of the effective date of this
endorsement or the date new vehicles
are acquired, whichever is later.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED
AU1 HL)HIZED hII-I-'HESEN IAI IVE:
DAlE
C 24334a Page 2 of 2 9-99
ENDORSEMENTNO,
ATFACHED TO AND ENDORSEMENT EFFECTIVE
FORMING A PART OF (Standard time) INSURED AGENCY AND CODE
POLICY NUMBER MO. DAY YR. 12.01 NOON
3XZ12057001 08 06 , 2002 A.M. CITY OF JE'FFERSONVILLE 430034
X ~
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EARTHQUAKE COVERAGE ENDORS~ EMENT
This endorsement modifies insurance provided unde! the following:
BUILDING AND PERSONAL PROPERTY COVERAGE FORM
CAUSES OF LOSS---EARTHQUAKE FORM
SCHEDULE
Locations
All locations
Limit of Insurance Limit of Insurance Deductible
Any One Earthquake Annual Aggregate Amount
$5,000,000
$5,000,000
$25,000
,~"'~,,~
LIMIT OF INSURANCE---ANY ONE EARTHQUAKE
The Limit of Insurance shown in the SCHEDULE above is the most we will pay for loss or damage in any one
Earthquake. regardless of the number of locations.
LIMIT OF INSURANCE----ANNUAL AGGREGATE
The Limit of Insurance---Annual Aggregate shown in the SCHEDULE above is the most we will pay for all
claims for Earthquake damage which occurs during the policy period. If the polic~ to which this endorsement
is attached is written for a term of more than one year, we will apply the aggregate limit separately to each
consecutive year of the policy period.
DEDUCTIBLE
The DEDUCTIBLE provision in the policy is amended to include the following:
If the Deductible Amount shown in the SCHEDULE above is a percentage, the sum we subtract from each
separate item will be a percentage of its value. If the Deductible amount shown ih the SCHEDULE above is a
dollar amount, we will pay the amount of loss or damage in excess of the deduct~le.
ALL OTHER TERMs AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED
25298
9-99
ENDORSEMENTNO.
ENDORSEMENT EFFECTIVE INSORED AGENCY AND CODE
ATTACHED
TO
AND
FORMING A PART OF (Standard time)
POLICY NUMBER MO. DAY YR. 12.01 NOON
3XZ12057001 08 06 2002 A.M. CITY OF JE~FFERSONVILLE
430034
X
THIS ENDORSEMENT CHANGES THE POLICY. PLEA~SE READ IT CAREFULLY.
FLOOD COVERAGE ENDORSEMENT
This endorsement modifies insurance provided undei the following:
BUILDING AND PERSONAL PROPERTY COV~ERAGE FORM
CAUSES OF LOSS----BASIC FORM ~
CAUSES OF LOSS----BROAD FORMI
CAUSES OF LOSS----SPECIAL FORM
SCHEDULE
Limit of Insurance Limit of Insuradce Deductible
Locations Any One Flood Annua Aggreg,ate Amount
i $25,000
All locations $500,000 $500,000
Specified Locations $ $ i $
//'-'"'~XCLUSIONS
EXCLUSION l.g. Water, is deleted in its entirety.
LIMIT OF INSURANCE----ANY ONE FLOOD
The Limit of Insurance shown in the Schedule
above is the most we will pay for loss or damage
in any one Flood.
LIMIT OF INSURANCE----ANNUAL AGGREGATE
The Limit of Insurance shown in the Schedule
above as Annual Aggregate is the most we will pay
for all claims for Flood damage which occurs
during the policy period. If the policy to which this
endorsement is attached is written for a term of
more than one year, we will apply the aggregate
limit separately to each consecutive year of the
policy period.
LIMITATION
e
When a Limit of Insuranc is shown in the
SchedL~le above, coverage provided by this
endorsement does not apply to any location(s)
situate~t in a "special flood coverage area" as
determined by the Federal Emergency Management
AgencY' (FEMA). These areas are designated by
FEMA ~s Zones A, Ag, AH, Al-A30, A99, V, VI-
V30.
DEDUCTIBLE
The iDEDUCTIBLE provision in the policy is
amen(~ed to include the following:
With respect to the Flood coverage provided by
this endorsement, we will not pay for loss or
damage in any one occurrence until the amount of
loss o~ damage exceeds the Deductible Amount
shown' in the Schedule above. We will then pay
the amount of loss or damage in excess of the
DeduCible amount up to the applicable Limit of
Insurance----Any One Flood.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED
AUTHORIZED REPRESENTATIVE
DATE
9-99
C 25299
ENDORSEMENT NO.
ATTACHED TO AND ENDORSEMENT EFFECTIVE =
FORMING A PART OF (Standard Time) ~ INSURED AGENCY AND CODE
POLICY NUMBER MO. DAY YR. 12:01 NOON
A.M.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LOSS ADJUSTM£NT £NDORSEM£NT - COMMFRCIAL PROPERT~ COYERAGE
This endorsement modifies insurance provide~ under the following:
BUIkDING AND PERSONAL PROPER'Iht COYERAGE FORM -- EDUCAIIONAL INSTITUTION
BUILDING AND PERSONAL PROPERTY COVERAG~E FORM -- PUBLIC ENTITY
This endorsement is intended to facilitate payment
of insurance proceeds in the event of loss or
damage to Covered Property from a loss that is
covered by:
1. This Building and Personal Property
coverage; and
2. Boiler and Machinery insurance; and
there is a disagreement between the insuring
companies as to the amount of the loss to be paid
by each company.
The provisions of item C. of this endorsement
apply only if all of the following requirements are
met:
1. The Boiler and Machinery insurance carried
by the named insured, insuring the Covered
Property, contains a provision with
substantially the same requirements,
procedures and conditions as contained in this
endorsement.
2. The damage to the Covered Property was
caused by a loss for which both we and the
Boiler and Machinery insuring company(s)
admit to some liability for payment under the
respective policies.
3. The total amount of the loss is agreed to by
you, us and the Boiler and Machinery insuring
company(s).
4. We and the Boiler and Machinery insuring
company(s) disagree as to the amount of loss
that each of us should pay that is attributable
to:
a. A cause of loss covered under this
Building and Personal Property coverage;
and
Page 1 of 2
C 25108 (5/99)
!b. An "accident" covered under the Boiler
, and Machinery insurance.
C. Ifth~ requirements listed in B. above are satisfied,
we',and the Boiler and Machinery insuring
con~pany(s) will make payments to the extent, and
in ttie manner, described in the following:
1. IWe will pay, after your written request, the
ientire amount of loss that we have agreed as
being covered by this Building and Personal
!Property coverage and one-half (1/2) the
amount of loss that is in disagreement.
2. The Boiler and Machinery insuring
!company(s) will pay, after your written
~request, the entire amount of loss that they
'have agreed as being covered by the Boiler
!and Machinery insurance and one-half (1/2)
,the amount of loss that ~s ~n d~sagreement.
The amount n d sagreement to be pa d by us
3. lunder this endorsement shall not exceed the
lamount payable under the equivalent Loss
!AdjUStment Endorsement(s) of the Boiler and
~Machinery insuring company(s).
4. The amount to be paid under this
~endorsement shall not exceed the amount we
~vould have paid had no Boiler and Machinery
~,insurance been in effect at the time of loss.
5. 'Acceptance by you of sums paid under this
~endorsement does not alter, waive or
~surrender any other rights against us.
6. ADDITIONAL CONDITIONS
Ia
; . We and the Boiler and Machinery insuring
company(s) agree to submit our
differences to arbitration within 90 days
after loss payment made under the terms
of this endorsement.
Copyright, ISO Commercial Risk Sewices, Inc., 1990
You agree to cooperate with any
arbitration procedures. There will be three
arbitrators: one will be appointed by us,
and another will be appointed by the
Boiler and Machinery insuring
company(s). The two arbitrators will select
a third arbitrator. If they cannot agree,
either may request that selection be made
by a judge of a court having jurisdiction. A
decision agreed to by two of the three
arbitrators will be binding on both parties.
Judgment on any award can be entered in
any court that has jurisdiction.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED
C 25108 (5/99)
AUTHORIZED REPRESENTATIVE
Page 2 of 2
Copyright, iSO Commercial Risk Services, Inc., 1990
DATE
INLAND MARINE CONDITIONS
('"'~" The following conditions apply in addition to the Common Policy Conditions and applicable Additional Conditions in the
Inland Marine Coverage Forms:
LOSS CONDITIONS
A. Abandonment
There can be no abandonment of any property to
US.
B. Appraisal
If we and you disagree on the value of the property
or the amount of "loss," either may make written
demand foran appraisal ofthe "loss." In this event,
each party will select a competent and impartial
appraiser. The two appraisers will select an umpire.
If they cannot agree, either may request that
selection be made by a judge of a court having
jurisdiction. The appraisers will state separately the
value of the property and amount of "loss." If they
fail to agree, they will submit their differences to the
umpire. A decision agreed to by any two will be
binding. Each party will:
1. Pay its chosen appraiser; and
2. Bear the other expenses of the appraisal and
umpire equally.
If there is an appraisal, we will still retain our right to
deny the claim.
C. Duties In The Event Of Loss
You must see that the following are done in the
event of "loss" to Covered Property:
1. Notify the police if a law may have been
broken.
2. Give us prompt notice of the "loss." Include a
description of the property involved.
3. As soon as possible, give us a description of
how, when and where the "loss" occurred.
4. Take all reasonable steps to protect the
Covered Property from further damage and
keep a record of your expenses necessary to
protect the Covered Property, for
consideration in the settlement of the claim.
This will not increase the Limit of Insurance.
However, we will not pay for any subsequent
"loss" resulting from a cause of loss that is not
a Covered Cause of Loss. Also if feasible, set
the damaged property aside and in the best
possible order for examination.
5. ,Make no statement that will assume any
'obligation or admit any liability, for any "loss" for
which we may be liable, without our consent.
6. Ipermit us to inspect the property and records
'proving "loss."
7. ~lf requested, permit us to question you under
oath, at such times as may be reasonably
required, about any matter relating to this
insurance or your claim, including your books
and records. In such event, your answers must
',be signed.
8. ~Send us a signed, sworn statement of "loss"
'containing the information we request to settle
~.the claim. You must do this within 60 days
after our request. We will supply you with the
~:necessary forms.
9. iPromptly send us any legal papers or notices
received concerning the "loss."
10. Cooperate with us in the investigation or
settlement of the claim.
Insurance Under Two Or More Coverages
If two or more of this policy's coverages apply to the
same "loss," we will not pay more than the actual
ameunt of "loss."
Loss Payment
We will pay or make good any "loss" covered under
this 'Coverage Part within 30 days after:
1. ~We reach agreement with you;
2. The entry of final judgment; or
3. The filing of an appraisal award.
We will not be liable for any part of a "loss" that has
beeh paid or made good by others.
Other Insurance
If ybu have other insurance covering the same
"loss" as the insurance under this Coverage Part,
we Will pay only the excess over what you should
have received from the other insurance. We will
pay the excess whether you can collect on the
other insurance or not.
MA 24744a (5/99)
Page 1 of 2
includes copyrighted material of ISO Risk Se~'ices, Inc., with its permission
Copyright, ]SO Commercial Risk Service§, Inc., 1994
G. Pair, Set Or Parts
1. Pair or Set. In case of "loss" to any part of a
,~/,---'~,, pair or set we may:
a. Repair or replace any part to restore the
pair or set to its value before the "loss"; or
b. Pay the difference between the value of the
pair or set before and after the "loss."
2. Parts. tn case of "loss" to any part of Covered
Property consisting of several parts when
complete, we will only pay for the value of the
lost or damaged part.
H, Privilege To Adjust With Owner
In the event of "loss" involving property of others in
your care, custody or control, we have the right to:
1. Settle the "loss" with the owners of the
property. A receipt for payment from the
owners of that property will satisfy any claim of
yours.
2. Provide a defense for legal proceedings
brought against you. If provided, the expense
of this defense will be at our cost and will not
reduce the applicable Limit of Insurance under
this insurance.
I. Recoveries
Any recovery or salvage on a "loss" will accrue
entirely to our benefit until the sum paid by us has
,?"~, been made up.
( ,
J. Reinstatement Of Limit After Loss
The Limit of Insurance will not be reduced by the
payment of any claim, except for total "loss" of a
scheduled item, in which event we will refund the
unearned premium on that item.
K. Transfer Of Rights Of Recovery Against Others
To Us
If any person or organization to or for whom we
make payment under this insurance has rights to
recover damages from another, those rights are
transferred to us to the extent of our payment. That
person or organization must do everything
necessary to secure our rights and must do nothing
after "loss" to impair them.
GENERAL CONDITIONS
A. Concealment, Misrepresentation Or Fraud
Th[§ Coverage Part is void in any case of fraud,
intentional concealment or misrepresentation of a
matbrial fact, by you or any other insured, at any
time concerning:
1. This Coverage Part;
2. The Covered Property;
3. Your interest in the Covered Property; or
4. IA claim under this Coverage Part.
B. Legal Action Against Us
No one may bring a legal action against us under
this~Coverage Part unless:
1. There has been full compliance with all the
terms of the Coverage Part; and
2. 'The action is brought within 2 years after you
,first have knowledge of the "loss."
C. No Benefit To Bailee
No ;person or organization, other than you, having
~:us!ody of Covered Property, will benefit from this
msqrance.
D. Pol!cy Period
We~ cover "loss" commencing during the policy
period shown in the Declarations.
E. CoVerage Territory
We :cover property wherever located within:
t. The United States of America (including its
i territories and possessions);
2. Puerto Rico; and
3. Canada.
F. Valuation
The; value of property will be the least of the
foll6wing amounts:
1. The actual cash value of that property;
2. The cost of reasonably restoring that property
to its condition immediately before '1loss"; or
3. 'The cost of replacing that property with
'substantialiy identical property.
In the event of "loss," the value of property will be
determined as of the time of "loss."
MA 24744a (5/99)
Page 2 of 2
Includes copyrighted material of ISO Risk Services, Inc., with its permission
Copyright, ISO Commercial Risk Services, Inc., 1994
ENDORSEMENT NO.
ATTACHED TO AND ENDORSEMENT EFFECTIVE
FORMING A PART OF (Standard Time) i INSURED AGENCY AND CODE
POLICY NUMBER MO. DAY YR. 12:01 NOON
A.M.
THIS ENDORSEMENT CHANGES THE POLICY. PLI~ASE READ IT CAREFULLY.
EXCLUSION OF WAR, MILITARY ACTIONIAND. TERRORISM
This endorsement modifies insurance provided under the following:
BUILDING AND PERSONAL PROPERTY COVERAGE FOR, M -- EDUCATIONAL INSTITUTION
BUILDING AND PERSONAL PROPERTY COVERAGE FORM -- PUBLIC ENTITY
COMMERCIAL PROPERTY CO .~'ERAGE
INLAND MARINE COVERAGE
The War And Military Action Exclusion is replaced
by the following Exclusion. With respect to any
Coverage Form to which the War And Military
Action Exclusion does not apply, that Exclusion is
hereby added as follows.
WAR AND MILITARY ACTION EXCLUSION
We will not pay for loss or damage caused directly
or indirectly by the following. Such loss or damage
is excluded regardless of any other cause or event
that contributes concurrently or in any sequence to
the loss.
1. War, including undeclared or civil war; or
2. Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any government,
sovereign or other authority using military
personnel or other agents; or
3. Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against any
of these.
With respect to any action that comes within the
terms of this exclusion and involves nuclear
reaction or radiation, or radioactive contamination,
this War And Military Action Exclusion supersedes
the Nuclear Hazard Exclusion.
B. '.Regardless of the amount of damage and
losses, the Terrorism Exclusion applies to any
incident of terrorism:
That involves the use, release or escape
of nuclear materials, or that directly or
indirectly results in nuclear reaction or
radiation or radioactive contamination; or
2. That is carried out by means of the
dispersal or application of pathogenic or
poisonous biological or chemical
materials; or
'3. In which pathogenic or poisonous
; biological or chemical materials are
released, and it appears that one purpose
of the terrorism was to release such
materials.
Except as provided in B.I., B.2., or B.3.
'above, the Terrorism Exclusion will only apply
to an incident of terrorism in which the total of
insured damage to all types of property in the
'United States, its territories and possessions,
Puerto Rico and Canada exceeds
'$25,000,000. In determining whether the
$25,000,000 threshold is exceeded, we will
~include all insured damage sustained by
property of ali persons and entities affected by
the terrorism and business interruption
ZC 26350 (12/01)
Page 1 of 2
Includes copyrighted material of Insurance Services Office, inc., with its permission.
Copyright, Insurance Services Office, Inc. 2001
losses sustained by owners or occupants of
the damaged property. For the purpose of
this provision, insured damage means
damage that is covered by any insurance plus
damage that would be covered by any
insurance but for the application of any
terrorism exclusions. Multiple incidents of
terrorism which occur within a 72-hour period
and appear to be carried out in concert or to
have a related purpose or common leadership
will be deemed to be one incident.
The preceding paragraph describes the
threshold used to measure the magnitude of
an incident of terrorism and the circumstances
in which the threshold will apply, for the
purpose of determining whether the Terrorism
Exclusion will apply to that incident. When the
Terrorism Exclusion applies to an incident of
terrorism, there is no coverage under the
insurance identified in this endorsement.
In the event of any incident of terrorism that is
not subject to the Terrorism Exclusion,
coverage does not apply to any element of
loss or damage that is otherwise excluded
under the insurance identified in this
endorsement.
TERRORISM EXCLUSION
We will not pay for loss or damage caused
directly or indirectly by terrorism, including
action in hindering or defending against an
actual or expected incident of terrorism. Such
loss or damage is excluded regardless of any
other cause or event that contributes
concurrently or in any sequence to the loss.
Terrorism means activities against persons,
.'organizations or property of any nature:
1. That involve the following or preparation
for the following:
a. Use or threat of force or violence; or
~ b. Commission or threat of a dangerous
act; or
c. Commission or threat of an act that
interferes with or disrupts an
electronic, communication,
information, or mechanical system;
and
'2. When one or both of the following applies:
a. The effect is to intimidate or coerce a
government or the civilian population
or any segment thereof, or to disrupt
any segment of the economy; or
b. It appears that the intent is to
intimidate or coerce a government, or
to further political, ideological,
religious, social or economic
objectives or to express (or express
opposition to) a philosophy or
ideology.
But with respect to any such activity that also
'comes within the terms of the War And
Military Action Exclusion, that exclusion
.supersedes this Terrorism Exclusion.
In the event of an incident of terrorism that
involves nuclear reaction or radiation, or
radioactive contamination, this Terrorism
Exclusion supersedes the Nuclear Hazard
Exclusion.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED
AUTHORIZED REPRESENTATIVE
DATE
ZC 26350 ( 12/01 )
Page 2 of 2
Includes copyrighted mater a of nsurance Services Off~ce, Inc. with its permission.
Copyright, Insurance Services Office, Inc., 2001
CONTRACTOR'S EQUIPMENT
SUPPLEMENTAL DECLARATIONS
These Supplemental Declarations form a part of policy number 3XZ12057001
~l~i/~ ~JP iNSU~NCE.
1. COVERED PROPERTY
a. Schedule of Property (See A.!. of this Coverage Form)
DESCRIPTION OF PROPERTY
Item No. ( Year, Name of Manufacturer, Type, Model, Serial Number )
Per Schedule on File
Limit of insurance
3,569,269
b. Blanket Miscellaneous Tools and Equipment
No single item to exceed $ 5,000 in value
c. Limit of Insurance for All Covered Property
Total Scheduled Property $ 3,569,269
$ 409,594
$ 3,978,863
2. AMENDMENT TO COVERAGE EXTENSIONS
(Applicable only for those Coverage Extensions where an increased limit of insurance is shown below)
Additional Acquired Equipment, 25% of the Total Scheduled
Property or $100,000, whichever is less, for any one item.
(See section A.4.a. of the Coverage Form)
Increased to $
Rental Expense Reimbursement, $2,500 of rental expenses
in any one policy period.
(See section A.4.b. of the Coverage Form)
Increased to $
Debris Removal Expense, 10% of the amount we pay for the direct
physical "loss" to Covered Property, or $5,000 for the sum of all
debris removal expense occurring during each separate 12 month
period of the policy, whichever is less.
(See section A.4.d. of the Coverage Form)
Increasedto $
DEDUCTIBLE $ 500
RATE $ VARIOUS
PREMIUM $ iNCLUDED
AS THEIR INTERESTS MAY APPEAR
Forms and endorsements applying to this Coverage Part and made a part of this' policy at time of issue:
Refer to ZC23941a (1-99)
THIS SUPPLEMENTAL DECLARATIONS AND THE COMMON POLICY DEC ,LARATIONS, TOGETHER WITH THE COMMON
POLICY CONDITIONS, THE INLAND MARINE CONDITIONS, COVERAGE FORM(S) AND ENDORSEMENTS COMPLETE
THE ABOVE NUMBERED POLICY.
MA17323a 5-99
INLAND MARINE
CONTRACTOR'S EQUIPMENT COVERAGE FORM
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and
what is and is not covered.
Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words
"we," "us" and "our" refer to the Company providing this insurance.
Other words and phrases that appear in quotation marks have special meaning. Refer to the DEFINITIONS section
in this Coverage Form.
A. COVERAGE
We will pay for "loss" to Covered Property from
any of the Covered Causes of Loss.
1: Covered Property
Covered Property means contractor's
equipment as scheduled in the Declaretions,
which is:
a. Your property; and
b. Similar property of others for which you
may be liable.
2. Property Not Covered
Covered Property does not include:
a. Automobiles, motor trucks, tractors,
trailers or other vehicles designed and
principally used for highway
transportation;
b. Aircraft or watercraft;
c. Property while airborne;
d. Property while waterborne except while in
transit on ferries, lighters or carfloats;
e. Property while located underground, in
caissons or underwater;
f. Tools and clothing of your employees;
g. Contraband or property in the course of
illegal transportation or trade;
h. Blueprints, mechanical drawings, designs,
tracings, specifications or other similar
property;
i. Property which has or is intended to
become a permanent part of any
structure;
j. Building materials and supplies; or
k. Crane booms or derrick booms, including
any extensions, while being operated or
used, unless "loss" is directly caused by
fire, lightning, explosion, windstorm, theft
or overturn of the machine of which it is a
part.
Covered Causes Of Loss
Covered Causes of Loss means RISKS OF
DIRECT PHYSICAL "LOSS" to Covered
Property except those causes of "loss" listed
in the Exclusions.
Coverage Extensions
a. Additionally Acquired Equipment
If during the policy period you acquire
additional equipment of a type already
covered by this form, we will cover such
equipment for up to 60 days but not
beyond the end of the policy period.
The most we will pay for "loss" to any one
item is the lesser of:
(1) 25% of the Total Scheduled Property
shown in the Declarations; or
(2) $100,000;
unless an increased limit for any one item
is shown in the Declarations.
You will report such equipment to us
within 60 days from the date acquired and
will pay any additional premium due. If
you do not report such equipment,
coverage will cease automatically 60 days
after the date the equipment is acquired,
or at the end of the policy period,
whichever occurs first.
b. Rental Expense Reimbursement
We will reimburse your rental expenses
should a covered "loss" to equipment you
own make it necessary to rent
replacement equipment to continue your
normal operations of the work in progress.
We will reimburse these rental expenses
provided you do not have equivalent idle
equipment you can use and you restore or
replace the lost or damaged equipment as
soon as possible.
Our reimbursement is limited to rental
expenses incurred during the period of
time beginning seventy-two (72) hours
after the "loss" has occurred and
MA 10173a (5/99) Page 1 of 4
continuing until the equipment has been
restored, replaced, or is no longer
needed, whichever occurs first. The
period of reimbursement will not be limited
by the policy expiration date.
The most we will pay is $2,500 of your
rental expenses in any one policy period
for one or more items of equipment unless
an increased limit is shown in the
Declarations.
Pollutant Clean Up and Removal
(1) We will pay your expenses to extract
"pollutants" from land or water if the
release, discharge or dispersal of the
"pollutants" is caused by or results
from a Covered Cause of Loss that
occurs during the policy period. The
expenses will be paid only if they are
reported to us in writing within 180
days of the earlier of:
(a) The date of direct physical "loss";
or
(b) The end of the policy period.
(2) The most we will pay under this
Coverage Extension is $10,000 for
the sum of all such expenses arising
out of Covered Causes of Loss
occurring during each separate 12
month period of this policy.
Debris Removal Expense
(1) We will pay your expenses to remove
debris of Covered Property caused by
or resulting from a Covered Cause of
Loss that occurs during the policy
period. The expenses will be paid only
if they are reported to us in writing
within 180 days of the earlier of:
(a) The date of direct physical "loss";
or
(b) The end of the policy period.
(2) The most we will pay under this
Coverage Extension is the lesser of
the following:
(a) 10 % of the amount we pay for
the direct physical "loss" to
Covered Property; or
(b) $5,000 for the sum of all debris
removal expenses arising out of
Covered Causes of Loss
occurring during each separate
12 month period of this policy.
(3) This Coverage Extension does not
apply to costs to:
(a) Extract "pollutants" from land or
water; or
(b) Remove, restore or replace
polluted land or water.
ExcLusIONS
1. We will not pay for "loss" caused directly or
indirectly by any of the following. Such "loss"
is excluded regardless of any other cause or
event that contributes concurrently or in any
sequence to the "loss."
a, Governmental Action
Seizure or destruction of property by order
of governmental authority.
But we will pay for loss or damage caused
by or resulting from acts of destruction
ordered by governmental authority and
taken at the time of a fire to prevent its
spread, if the fire would be covered under
this Coverage Form.
b. Nuclear Hazard
(1} Any weapon employing atomic fission
or fusion; or
(2) Nuclear reaction or radiation, or
radioactive contamination from any
other cause.
But we will pay for direct "loss" caused by
resulting fire if the fire would be covered
under this Coverage Form.
c. War and Military Action
('1) War, including undeclared or civil war;
(2) Warlike action by a military force,
including action in hindering or
defending against an actual or
expected attack, by any government,
sovereign or other authority using
military personnel or other agents; or
(3) Insurrection, rebellion, revolution,
usurped power or action taken by
governmental authority in hindering or
defending against any of these.
MA 10173a (5/99) Page 2 of 4
2. We
d. Earth Movement
Earthquake, volcanic eruption, explosion,
effusion, earth sinking, earth rising or
shifting, landslide or other earth
movement.
But we will pay for direct "loss" caused by
resulting fire if the fire would otherwise be
covered under this Coverage Form.
e. "Flood"
But we will pay for direct "loss' caused by
resulting fire if the fire would otherwise be
covered under this Coverage Form.
will not pay for "loss" caused by or
resulting from any of the following:
a. Delay, loss of use, loss of market or any
other consequential loss;
b. Dishonest or criminal act committed by:
('1) You, any of your partners, employees,
directors, trustees, or authorized
representatives;
(2) Anyone else with an interest in the
property, or their employees or
authorized representatives; or
(3) Anyone else to whom the property is
entrusted for any purpose.
This exclusion applies whether or not
such persons are acting alone or in
collusion with other persons or such acts
occur during the hours of employment.
This exclusion does not apply to Covered
Property that is entrusted to others who
are carriers for hire or to acts of
destruction by your employees. But theft
by employees is not covered.
c. Unexplained disappearance;
d. Shortage found upon taking inventory;
e. The Lifting of a load that exceeds the
manufacturer's load chart specifications,
or by any operation that stresses the
machine beyond the manufacturer's
suggested operational limitations;
f. Explosion, rupture or bursting of any
steam boiler, steam piping or pressure
vessel owned, leased or operated by the
Insured. But if explosion of steam boilers,
steam pipes or pressure vessels results in
fire or combustion explosion, we will pay
for the toss or damage caused by that fire
or combustion explosion;
g. Artificially generated current creating a
short circuit or other electrical disturbance
within the Covered property. But we will
pay for direct "loss" caused by resulting
fire or explosion.
This exclusion only applies to "loss" to
that article in which the disturbance
occurs;
h. Processing or work upon the property.
We will pay for direct "loss" caused by
resulting fire or explosion, if these causes
of "loss" would be covered under this
Coverage Form;
i. Voluntary parting with any property by you
or anyone entrusted with the property if
induced to do so by any fraudulent
scheme, trick, device or false pretense;
j. Unauthorized instructions to transfer
property by any person or to any place;
k. Discharge, dispersal, seepage, migration,
release or escape of "pollutants" unless
the discharge, dispersal, seepage,
migration, release or escape is itself
caused by any of the Covered Causes of
Loss. But if the discharge, dispersal,
seepage, migration, release or escape of
"pollutants" results in a Covered Cause of
Loss, we will pay for the "loss" caused by
that Covered Cause of Loss.
3. We will not pay for "loss" caused by or
resulting from any of the following. But if
"loss" by a Covered Cause of Loss results, we
will pay for that resulting "Loss."
a. Weather conditions. But this exclusion
only applies if weather conditions
contribute in any way with a cause or
event excluded in paragraph '1. above to
produce the "loss";
,b. Acts or decisions, including the failure to
act or decide, of any person, group,
organization or governmental body;
c. Wear and tear, gradual deterioration,
corrosion, rust, dryness or dampness of
atmosphere, extremes or changes of
temperature including freezing;
d. insects, vermin, rodents;
eo Any quality in the property that causes it
to damage or destroy itself, hidden or
latent defect;
f. Mechanical or electrical breakdown or
failure;
MA 10173a (5/99) Page 3 of 4
g. Faulty, inadequate or defective:
(1) Planning, zoning, development,
surveying or siting;
(2) Design, specification, workmanship,
repair, construction, renovation,
remodeling, grading, compaction;
(3) Materials used in repair, construction
renovation or remodeling; or
(4) Maintenance;
of part or all of any property wherever
located;
h. Collapse of all or part of any building or
structure.
C. LIMITS OF INSURANCE
The most we will pay for "loss" in any one
occurrence:
1. For one item of scheduled property is the Limit
of Insurance for that item;
2. For more than one item of scheduled property
is the total of the scheduled limits for those
items up to the Limit of Insurance for All
Covered Property;
3. For Coverage Extensions is the Limit of
Insurance applicable to a Coverage
Extension;
as shown in the Declarations.
D. DEDUCTIBLE
We will not pay for "loss" in any one occurrence
until the amount of the adjusted "loss" exceeds the
deductible shown in the Declarations. We will
then pay the amount of the adjusted "loss" in
excess of the Deductible, up to the applicable
Limit of Insurance.
This condition does not apply to Rental Expense
Reimbursement and Debris Removal Expense
ADDITIONAL CONDITIONS
The following conditions apply in addition to the
Inland Marine Conditions and Common Policy
Conditions:
1. Valuation
The valuation condition contained in the
Inland Marine Conditions is replaced by the
following:
The value of property will be the least of the
following amounts:
a. The actual cash value of that property;
b. The cost of reasonably restoring that
property to its condition immediately
! before "loss"; or
c. The cost of replacing that property with
substantially identical property.
In the event of "loss," the value of property will
be determined as of the time of "loss."
'However, we will not deduct depreciation on
the adjustment of a partial "loss" to an item
when the "loss" is less than twenty percent
(20%) of the actual cash value of the item.
Coinsurance
All Covered Property must be insured for at
least 90% of its actual cash value as of the
time of "loss" or you will incur a penalty.
The penalty is that we will pay only the
proportion of any "loss" that the applicable
Limit of Insurance shown in the Declarations
lbeam to 90% of the actual cash value of the
Covered Property as of the time of "loss."
If "loss" applies to two or more items, we have
the option to apply Coinsurance to each item
separately.
F. DEFINITIONS
1. "Flood" means a temporary condition of partial
or complete inundation of normally dry land
areas as a result of:
a. The overflow of inland or tidal waters; or
b. The unusual and rapid accumulation or
runoff of surface waters.
"Flood" does not mean:
a. Water which backs up through sewers or
drains;
b. Water below the surface of the ground; or
c. Release of water impounded by a dam.
2. "Loss" means accidental loss or damage.
3. "Pollutants" means any Covered Property that
becomes a 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.
MA 10173a (5/99) Page 4 of 4
MISCELLANEOUS ARTICLES COVERAGE
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and
what is and is not insured.
Throughout this policy, the words "you," "your" or "yours" refer to the named insured shown in the declarations. The
words "we," "our" or "ours" and "us" refer to the company providing this insurance.
Other words and phrases that appear in quotation marks have special meaning. Refer to section G ~ DEFINITIONS.
A. COVERAGE
We will pay for "loss" to Covered Property from
any of the Covered Causes of "Loss."
1. COVERED PROPERTY, as used in this
coverage Form, means:
The property described in the Miscellaneous
Articles Declarations.
2. PROPERTY NOT COVERED
Covered Property does not include:
a. Accounts, bills, precious stones, currency,
deeds, evidences of debt, money, notes,
securities, plans, blueprints, designs,
specifications, or valuable papers;
b. Animals;
,/,~.
r c. Vehicles designed for highway use,
snowmobiles, all terrain vehicles;
d. Aircraft;
e. Watercraft.
3. COVERED CAUSES OF LOSS
Covered Causes of "Loss" means risks of
DIRECT PHYSICAL "LOSS" to Covered
Property except those causes of "loss" listed
in the exclusions.
B. EXCLUSIONS
1. We will not pay for a "loss" caused directly or
indirectly by any of the following. Such "loss"
is excluded regardless of any other cause or
event that contributes concurrently or in any
sequence to the "loss."
a. GOVERNMENTAL ACTION
Seizure or destruction of property by order
of governmental authority;
We will pay for acts of destruction ordered
by governmental authority and taken at
the time of a fire to prevent its spread if
the fire would be covered under this
Coverage Form.
b. NUCLEAR HAZARD
Any weapon employing atomic fission or
fusion; or
Nuclear reaction or radiation, or
radioactive contamination from any other
cause;
We will pay for direct "loss" caused by
resulting fire if the fire would be covered
under this Coverage Form.
c. WARAND MILITARYACTION
War, including undeclared or civil war;
Warlike action by a military force,
including action in hindering or defending
against an actual or expected attack, by
any government, sovereign or other
authority using military personnel or other
agents; or
Insurrection, rebellion, revolution, usurped
power or action taken by governmental
authority in hindering or defending against
any of these.
We will not pay for a "loss" caused by any of
the following:
a. Wear and tear, gradual deterioration,
depreciation, delay, loss of market or use;
b. Hidden or latent defect, or any quality in
the property that causes it to damage or
destroy itself;
c. Mechanical breakdown;
d. Insects, vermin, rodents;
e. Corrosion, rust, dampness, cold or heat;
f. Unexplained disappearance;
g. Shortage found upon taking inventory;
h. Dishonest or criminal acts:
By you, or by any of your employees;
, By anyone authorized to act for you;
MA 25413 (10/99) Page 1 of 3
By anyone to whom the property is
entrusted;
All whether alone or in collusion with
others and whether during regular work
hours or not;
This exclusion does not apply to a carrier
for hire.
i. Processing orwork upon the property.
We will pay for direct "loss" caused by
resulting fire or explosion, if these Causes
of "Loss" would be covered under this
coverage.
j. Artificially generated current creating a
short circuit or other electric disturbance
within an article covered under this
Coverage Form.
We will pay for direct "loss" caused by a
resulting fire or explosion, if these Causes
of "Loss" would be covered under this
coverage;
This exclusion only applies to "loss" to
that article in which the disturbance
occurs;
k. Voluntary parting with any property by you
or anyone entrusted with the property if
induced to do so by any fraudulent
scheme, trick, device or false pretense;
I. "Theft" or pilferage of the covered
property while left unattended in any
vehicle unless:
(1) The vehicle is equipped with a fully
enclosed body or compartment; and
(2) The "loss" is the direct result of violent
forcible entry of which there shall be
visible evidence.
m. "Flood" except as stated in the Definitions.
3. We will not pay for a "loss" caused by or
resulting from any of the following. If "loss" by
a Covered Cause of "Loss" results, we will
pay for that resulting "loss."
a. Weather conditions. This exclusion only
applies if weather conditions contribute in
any way with a cause or event excluded in
paragraph 1. above to produce the "loss."
b. Acts or decisions, including the failure to
act or decide, of any person, group,
organization or governmental body.
c. Faulty, inadequate or defective:
(1) Planning, zoning, development,
surveying, siting;
~ (2) Design, specifications, workmanship,
repair, construction, renovation,
remodeling, grading, compaction;
(3) Materials used in repair, construction,
renovation or remodeling; or
(4) Maintenance;
d. Collapse of all or part of a building or
structure.
C. LIMITS OF INSURANCE
The most we will pay for a "loss" in any one
occL~rrence is the applicable Limit of Insurance
shown in the Declarations.
D. DEDUCTIBLE
We will not pay for "loss" in any one occurrence
unti! the amount of "loss" exceeds the Deductible
shown in the Declarations. We will then pay the
amount of "loss" in excess of the Deductible, up to
the applicable Limit of Insurance.
E PROTECTIVE SAFEGUARDS
You must maintain the protective safeguards
stated by you to be in effect when this coverage
began.
If you fail to keep the protective safeguards:
1. In working condition; and
2. In operation;
coverage for which the protective safeguards
apply is automatically suspended. This
suspension will last until the equipment or
services are back in operation.
F. PREMIUM
The minimum earned premium for this coverage is
the; amount shown in the Miscellaneous Articles
Declarations.
G. DEFINITIONS
"Loss" means accidental loss or damage.
"Theft" means the taking of covered property by
stealth, or the ~loss" of the covered property under
circumstances where the probability of theft exists.
Theft does not mean mysterious or unexplained
disappearance of property.
"Flood" means a temporary condition of partial or
complete inundation of normally dry land areas as
a result of:
MA 25413 (10/99) Page 2 of 3
The overflow of inland or tidal waters; or
The unusual and rapid accumulation or runoff of
surface waters.
"Flood" does not mean:
Water which backs up through sewers or drains;
water below the surface of the ground;
Release of water impounded by a dam.
MA 25413 (10/99) Page 3 of 3