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3 Property and Personal Property of Others to apply to direct physical loss or damage by a Covered Cause of Loss to that type of property at a A building you newly acquire or construct at a location described in the Declarations and b Any other location you acquire by purchase or lease other than at exhibitions The most we will pay for loss or dam age to Your Business Personal Prop erty and Personal Property of Others in any one occurrence under this Ex tension is 1000000 in total at each newly acquired premises. Insurance provided under this Exten sion for each newly acquired or con structed property will end when any of the following first occurs a This policy is cancelled or ex pires b 180 days expire after you acquire or begin to construct the property c You report values to us or d The property is more specifically insured We will charge you additional pre mium for values reported from the date construction begins or you ac quire the property. m. Non Owned Detached Trailers 1 You may extend the insurance that 2 applies to Your Business Personal Property to apply to direct physical loss or damage by a Covered Cause of Loss to trailers or semi trailers that you do not own provided that a The trailer or semi trailer is used in your business b The trailer or semi trailer is in your care custody or control at the described premises and c You have a contractual responsi bility to pay for loss or damage to the trailer or semi trailer. We will not pay for any loss or dam age that occurs a While the trailer or semi trailer is attached to any motor vehicle or b motorized conveyance whether or not the motor vehicle or motor ized conveyance is in motion or During hitching or unhitching op erations or when a trailer or semi trailer becomes accidentally unhitched from a motor vehicle or motorized conveyance. The most we will pay for loss or dam age in any one occurrence under this Extension is 25000. 4 This insurance is excess over the amount due from any other insurance covering such property whether you can collect on it or not. n. Outdoor Property 1 You may extend the insurance pro vided by this Coverage Form to apply to a Direct physical loss or damage to b your outdoor i Fences ii Retaining walls that are not part of a building iii Lawns including fairways greens and tees artificial turf including underlayment trees shrubs and plants other than stock of trees shrubs or plants iv Bridges walks roadways patios or other paved sur faces at the described premises caused by or resulting from a cause of loss described in 2 below and The reasonable and necessary expense that you incur to remove debris of your outdoor property listed above and similar property of others at your described prem ises caused by a Cause of Loss listed in 2 below that occurs during the policy period. Such expenses will be paid only if they are reported to us in writing within 180 days of the direct physical loss or damage. Such payment will not increase the Limit of In Page 16 of 38 DX T100 11 12 2011 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
2 surance that applies to this Ex tension. This Extension applies only if the loss or damage is caused by or results from the following causes of loss and then only if they are a Covered Cause of Loss a Fire b Lightning c Explosion d Riot or Civil Commotion e Aircraft f Falling Objects or g Sinkhole Collapse. The most we will pay for loss or dam age and debris removal expense in any one occurrence under this Ex tension is 25000 but we will not pay more than 2500 for any one tree shrub or plant. Outside Signs 2 You may extend the insurance pro vided by this Coverage Form to apply to direct physical loss or damage by a Covered Cause of Loss to outside signs whether or not attached to a building at or within 1000 feet of the described premises or at any unde scribed premises The most we will pay in any one oc currence under this Extension for foss or damage to all outside signs a At or within 1000 feet of the de scribed premises is 100000 b At all undescribed premises is 5000 Personal Effects U 2 You may extend the insurance that applies to Your Business Personal Property to apply to direct physical loss or damage by a Covered Cause of Loss to personal effects or fine arts owned by your officers your partners or your employees while such property is at the described premises. The most we will pay for loss or dam age in any one occurrence under this Extension is 25000 at each de scribed premises. 3 Our payment for loss or damage un der this Extension will only be for the account of the owner of the property Personal Property At Premises Out side of the Coverage Territory 1 You may extend the insurance that 2 3 applies to Your Business Personal Property and Personal Property of Others to apply to direct physical loss or damage by a Covered Cause of Loss to such property occurring at premises anywhere in the world out side of the Coverage Territory pro vided that no trade sanction em bargo or similar regulation imposed by the United States of America pro hibits us from covering the loss or damage. This Extension does not apply to a Personal property at an exhibi tion b Property at any installation site or at temporary storage premises awaiting installation c Sales representative property or d Personal property in transit. The most we will pay for loss or dam age in any one occurrence under this Extension is 50000. Personal Property In Transit Outside of the Coverage Territory 1 Unless otherwise indicated in the 2 Declarations or by endorsement you may extend the insurance provided for Personal Property in Transit in Section A.1.e. including any mode of transportation or type of shipment ex clusion to apply to Your Business Personal Property and Personal Property of Others in your care cus tody or control in transit anywhere in the world outside of the Coverage Territory provided that no sanction embargo or similar regulation im posed by the United States of Amer ica prohibits us from covering the loss or damage. This Extension also applies to Cov ered Property in transit which is in the custody of your officers or employ ees. O 0 A 0 O I 3 Page 17 of 38 DX T100 1112 025582 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted materia of insurance Services Office Inc. with its permission | 2 |
u. Valuable Papers and Records Cost of Research 1 You may extend the insurance that applies to Your Business Personal Property to apply to your costs to re search replace or restore the fost in formation on lost or damaged valu able papers and records for which duplicates do not exist. The loss or damage to valuable papers and re cords must be caused by a Covered Cause of Loss. The most we will pay for loss or dam age in any one occurrence under this Extension a At or within 1000 feet of the de scribed premises is 50000 and b While in transit or at all unde scribed premises is 25000. 2. COVERED CAUSES OF LOSS Covered Causes of Loss means RISKS OF DI RECT PHYSICAL LOSS unless the loss is 1. Excluded in Section C. Exclusions 2. Limited in Section D. Limitations or 3. Excluded or limited in the Declarations or by endorsement.. EXCLUSIONS 1. We will not pay for loss or damage caused di rectly or indirectly 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 or damage. Exclusions C.1.a. through C.1.1. ap ply whether or not the loss event results in widespread damage or affects a substantial area a. Certain Computer Related Losses 1 Failure malfunction or inadequacy of a Any of the following whether be longing to any insured or to oth ers i Computer hardware includ ing microprocessors ii Computer application soft ware iii Computer operating systems and related software iv Computer networks 3 The mast we will pay for loss or dam age in any one occurrence under this Extension is 25000. s. Theft Damage to Rented Property 1 You may extend the insurance that applies to Your Business Personal Property to apply to direct physical loss or damage by theft or attempted theft to a That part of any building at the described premises that you oc cupy but do not own and which contains the Covered Property and Property within such non owned building used for maintenance or service of the non owned build ing. This Extension applies only if you are a tenant and are required in your lease to cover the expense. We will not be liable under this Ex tension for loss or damage by fire or explosion or to glass other than glass building blocks or to any letter ing ornamentation or burglar alarm tape on glass. Payment under this Extension will not increase the Limit of Insurance that applies to Your Business Personal Property at the described premises where the direct physical loss or damage occurs. t. Undamaged Parts of Stock in Process 1 You may extend the insurance that applies to Your Business Personal Property and Personal Property of Others to apply to the reduction in value of undamaged parts of covered products or stock in process which become unmarketable. The reduction in value must be the direct result of direct physical loss or damage by a Covered Cause of Loss to other parts of the covered products or stock in process at the described premises. The most we will pay for loss or dam age in any one occurrence under this Extension is 50000. b 2 3 4 2 Page 18 of 38 DX T10011 12 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
including soil conditions which cause settling cracking or other disarrangement of foundations or other parts of realty. Soil condi tions include contraction expan sion freezing thawing erosion improperly compacted soi and the action of water under the ground surface or e Volcanic eruption explosion or effusion. 2 If Earth Movement as described in a Paragraphs 1a through 1d above results in fire or explosion we will pay for the loss or dam age caused by that fire or explo sion or Paragraph 1e above 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 i Airborne volcanic blast or air borne shock waves ii Ash dust or particulate mat ter or iii Lava flow. With respect to coverage for Vol canic Action as set forth in i ii and iiij above volcanic erup tions that occur within any 168 hour period will constitute a sin gle occurrence. Volcanic Action does not include the cost to re move ash dust or particulate matter that does not cause direct physical loss or damage to the described property. 3 This exclusion does not apply to a Personal property in transit b Personal property at an exhibi tion b c Sales representative property or d Personal property in the custody of any officer or employee of the v Microprocessors computer chips not part of any com puter system or vi Any other computerized or electronic equipment or com ponents or b Any other products and services data or functions that directly or indirectly use or rely upon in any manner any of the items listed in Paragraph 1a above due to the inability to correctly recog nize process distinguish interpret or accept one or more dates or times. Any advice consultation design evaluation inspection installation maintenance repair replacement or supervision provided or done by you to determine rectify or test for any potential or actual problems de scribed in Paragraph 1 above. If an excluded Cause of Loss as de scribed in Paragraphs 1 and 2 above results in any of the specified causes of loss or in elevator collision resulting from mechanical breakdown we will pay only for the loss or damage caused by such specified causes of loss or eleva tor collision. We will not pay for repair replacement or modification of any items in Paragraphs 1 and 2 above to correct any deficien cies or change in features. Earth Movement 1 Any of the following all whether natu rally occurring or due to man made or other artificial causes a Earthquake including tremors and aftershocks and earth sink ing rising or shifting related to such event Landslide inciuding any earth sinking rising or shifting related to such event Mine subsidence meaning sub sidence of a man made mine whether or not mining activity has ceased Earth sinking other than sink hole collapse rising or shifting 2 b G d 8 0 5 0 A0 Page 19 of 38 DX T100 1112 025563 2011 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of insurance Services Office Inc. with its permission | 2 |
insured while traveling outside of the Coverage Territory. Fungus Wet Rot or Dry Rot Presence growth proliferation spread or any activity of fungus wet rot or dry rot But if fungus wet rot or dry rot results in any of the specified causes of loss we will pay for the loss or damage caused by such specified causes of loss. This exclusion does not apply 1 When fungus wet rot or dry rot re sults from fire or lightning or 2 To the extent that coverage is pro vided under the Limited Coverage for Fungus Wet Rot or Dry Rot Addi tional Coverage Governmental Action Seizure or destruction of property by or der of governmental authority except as provided for under the Additional Cover age Ordinance or Law Coverage. But we will pay for loss or damage caused by or resulting from acts of de struction ordered by governmental au thority and taken at the time of a fire to prevent its spread if the fire would be covered under this Coverage Part. Intentional Loss Any act an insured commits or conspires to commit with the intent to cause a loss. In the event of such loss no insured is entitled to coverage including insureds who did not commit or conspire to commit the act causing the loss. Neglect Neglect of an insured to use reasonable means to save and preserve property from further damage at and after the time of loss. Nuclear Hazard Nuclear reaction or radiation or radioac tive contamination however caused But if nuclear reaction or radiation or ra dioactive contamination results in fire we will pay for the loss or damage caused by that fire h. Ordinance or Law 1 The enforcement of any ordinance or law a Reguilating the construction use or repair of any property or b Requiring the tearing down of any property including the cost of removing its debris. 2 This exclusion Ordinance or Law applies whether the loss results from a An ordinance or law that is en forced even if the property has not been damaged or The increased costs incurred to comply with an ordinance or law in the course of construction re pair renovation remodeling or demolition of property or removal of its debris following a physical loss to that property. i. Utility Services The failure or fluctuation of power com munication water or other utility service supplied to the described premises how ever caused if the failure or fluctuation 1 Originates away from the described premises or 2 Originates at the described premises but only if such failure or fluctuation involves equipment used to supply the utility service to the described premises from a source away from the described premises Failure or fluctuation of any utility service includes lack of sufficient capacity and reduction in supply. But if the failure or fluctuation of power communication water or other utility ser vice results in a Covered Cause of Loss we will pay for the loss or damage caused by that Covered Cause or Loss. Communication services include service relating to Internet access or access to any electronic cellular or satellite net work. j. Virus or Bacteria 1 Any virus bacterium or other micro organism that induces or is capable of inducing physical distress illness or disease. b Page 20 of 38 DX T1001112 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office. Inc. with its permission | 2 |
e Waterborne material carried or otherwise moved by any of the water referred to in Paragraphs a c and d above or material carried or otherwise moved by mudslide or mudflow. But if Water as described in a through e above results in fire ex plosion or sprinkler leakage we will pay for the loss or damage caused by that fire explosion or sprinkler leak age. 2 This exclusion does not apply to a Personal property in transit b Personal property at an exhibi tion c Sales representative property or d Personal property in the custody of any officer or employee of the insured while traveling outside of the Coverage Territory. 2. We will not pay for loss or damage caused by or resulting from any of the following a. Collapse 1 Collapse including any of the follow ing conditions of property or any por tion of the property a An abrupt falling down or caving in b Loss of structural integrity includ ing separation of portions of the property or property in danger of falling down or caving in or Any cracking bulging sagging bending leaning settling shrink age or expansion as such condi tion relates to Paragraphs a or b above. But if collapse results in a Covered Cause of Loss at the described prem ises we will pay for the loss or dam age caused by that Covered Cause of Loss. 2 This Exclusion does not apply a To an abrupt collapse to the ex tent that coverage is provided under the Abrupt Collapse Addi tional Coverage in 3 below or c k. 2 With respect to any loss or damage subject to this exclusion this exclu sion supersedes any exclusion relat ing to pollutants. War and Military Action 1 War including undeclared or civil war Warlike action by a military force in cluding action in hindering or defend ing against an actual or expected at tack by any government sovereign or other authority using military per sonnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Water 1 Any of the following all whether natu rally occurring or due to man made or other artificial causes a Flood surface water waves in cluding tida wave and tsunami tides tidal water overflow of any body of water or spray from any of these all whether driven by wind including storm surge or not Mudslide or mudflow Water or sewage that backs up or overflows or is otherwise dis charged from a sewer drain sump sump pump or related equipment. However this exclu sion does not apply to the backup or overflow of water or sewage from drains within a building if the backup or overflow is not other wise directly or indirectly caused by the Water Exclusions in Para graphs a or b above or in Paragraphs d or e below. d Water under the ground surface pressing on or flowing or seeping through i Foundations walls floors or paved surfaces ii Basements whether paved or not or iii Doors windows or other openings or 2 b c 00 OO0 0 5 5 5 Page 21 of 38 DX T1001112 025584 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
b To collapse of Covered Property caused by one or more of the fol lowing i Any of the specified causes of loss or breakage of build ing glass all only as insured against in this Coverage Part ii Weight of rain that collects on a roof or iti Weight of people or personal property. 3 Abrupt Collapse Additional Coverage The term Covered Cause of Loss in cludes abrupt collapse as described and limited under Paragraphs a through g below. a As used in this Additional Cover age abrupt collapse means abrupt falling down or caving in of a building or any portion of a building with the result that the building or portion of the building can not be occupied for its in tended purpose. We will pay for direct physical loss of or damage to Covered Property caused by abrupt col lapse of a building or any portion of a building that is insured under this Coverage Form or that con tains Covered Property insured under this Coverage Form if such collapse is caused by one or more of the following i Building decay that is hidden from view unless the pres ence of such decay is known to an insured prior to col lapse ii Insect or vermin damage that is hidden from view unless the presence of such dam age is known to an insured prior to collapse iii Use of defective material or methods in construction re modeling or renovation if the abrupt collapse occurs during the course of the construc tion remodeling or renova tion b iv Use of defective material or methods of construction re modeling or renovation if the abrupt collapse occurs after the construction remodeling or renovation is complete but only if the collapse is caused in part by A cause of loss listed in Paragraphs 3bi or 3bii above One or more of the specified causes of loss Breakage of building glass Weight of people or property or Weight of rain that col lects on a roof. c Abrupt collapse under Para graphs 3a and b above does not apply to U A building or any portion of a building that is in danger of falling down or caving in ii A portion of a building that is standing even if it has sepa rated from another portion of the building or iii A building that is standing or any portion of a building that is standing even if it shows evidence of cracking bulging sagging. bending leaning settling shrinkage or expan sion. d With respect to the following property i ii iii iv Television and radio towers antennas sateliite dishes quy wires lead in wiring and masts Awnings canopies gutters downspouts and fences Yard fixtures Outdoor swimming pools Bulkheads pilings piers wharves and docks Page 22 of 38 DX T10011 12 2011 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
i Beach or diving platforms or appurtenances Retaining walls Underground pipes flues or drains and Walkways roadways and other paved surfaces f abrupt collapse is caused by a Jause of Loss listed in Para raphs 3bi through 3biv bove we will pay for loss or lamage to that property only if i Such loss or damage is a di rect result of the abrupt col lapse of a building or any por tion of a building insured un der this Coverage Form and i The property is Covered Property under this Coverage Form f personal property abruptly falls lown or caves in and such col apse is not the result of abrupt ollapse of a building or any por ion of a building we wili pay for 0ss or damage to Covered Prop rty caused by such collapse of ersonal property only if i The collapse of personal property was caused by a Cause of Loss listed in Para graphs 3bi through 3biv above ii The personal property which collapses is inside a building and The personal property which collapses is not of a kind listed in Paragraph 3d above regardless of whether that kind of property is con sidered to be personal prop erty or real property. his Abrupt Collapse Additional overage does not apply to per onal property that has not bruptly fallen down or caved in ven if the personal properly how s evidence of cracking ulging sagging bending lean ng settling shrinkage or expan jon g This Abrupt Collapse Additional Coverage will not increase the Limits of Insurance provided in this Coverage Part b. Consequential Loss 1 Delay loss of use or loss of market or 2 Loss of business income or extra ex pense except as specifically provided in this Coverage Part. Dishonesty Dishonest or criminal act by you any of your partners members officers manag ers employees including leased em ployees directors trustees authorized representatives or anyone to whom you entrust the property for any purpose 1 Acting alone or in collusion with oth ers 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 employ ees is not covered. This exclusion does not apply to carriers for hire. Electrical Damage or Disturbance Adtificially generated electrical magnetic or electromagnetic energy that damages disturbs or otherwise interferes with any 1 Electrical or electronic wire device appliance system or network or 2 Device appliance system or network utilizing cellular or satellite technol ogy Electrical magnetic or electromagnetic energy includes 1 Electrical current including arcing 2 Electrical charge produced or con ducted by a magnetic or electromag netic field 3 Pulse of electromagnetic energy 4 Electromagnetic waves or micro waves. But if fire results we will pay for the loss or damage caused by that fire. This Exclusion does not apply to loss or damage to electronic data processing 2011 The Travelers Indemnity Company. Al rights reserved Page 23 of 38 Includes copyrighted material of Insurance Services Office Inc. with its permission. vi Beach or diving platforms or appurtenances vii Retaining walls viiiUnderground pipes flues or drains and ix Walkways roadways and other paved surfaces if abrupt collapse is caused by a Cause of Loss listed in Para graphs 3bi through 3biv above we will pay for loss or damage to that property only if i Such loss or damage is a di rect result of the abrupt col lapse of a building or any por tion of a building insured un der this Coverage Form and ii The property is Covered Property under this Coverage Form e If personal property abruptly falls down or caves in and such col lapse is not the result of abrupt collapse of a building or any por tion of a building we will pay for loss or damage to Covered Prop erty caused by such collapse of personal property only if i The collapse of personal property was caused by a Cause of Loss listed in Para graphs 3bi through 3biv above ii The personal property which collapses is inside a building and iii The personal property which collapses is not of a kind listed in Paragraph 3d above regardless of whether that kind of property is con sidered to be personal prop erty or real property. f This Abrupt Collapse Additional Coverage does not apply to per sonal property that has not abruptly fallen down or caved in even if the personal properly shows evidence of cracking bulging sagging bending lean ing settling shrinkage or expan sion O R 4 A A DX T1001112 025585 | 2 |
equipment or electronic data processing data and media. Explosion Explosion of steam boilers steam gen erators steam pipes steam engines or steam turbines owned or feased by you or operated under your control But if explosion of steam boilers steam generators steam pipes steam engines or steam turbines results in fire or com bustion explosion we will pay for the loss or damage caused by that fire or combus tion explosion. We will also pay for loss or damage caused by or resulting from the explosion of gases or fuel within the fur nace of any fired vessel or within the flues or passages through which the gases of combustion pass Exposed Property Rain snow sand dust ice or sleet to personal property in the open other than to property in the custody of a carrier for hire Freezing Water other liquids powder or molten material that leaks or flows from plumb ing heating air conditioning ventilation or other equipment except fire protective systems caused by or resulting from freezing uniess 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 main tained. Liquid Seepage or Leakage Continuous or repeated seepage or leak age of water or other liquid or the pres ence or condensation of humidity mois ture or vapor that occurs over a period of 14 days or more. Other Types of Losses 1 Wear and tear 2 Rust or other corrosion decay dete rioration hidden or latent defect or any quality in property that causes it to damage or destroy itself 3 Smog 4 Settling cracking shrinking bulging or expansion 5 Nesting or infestation or discharge or release of waste products or secre tions by insects birds rodents or other animals Mechanical breakdown including rupture or bursting caused by cen trifugal force. But if mechanical breakdown results in elevator colli sion we will pay for the loss or dam age caused by that elevator collision. This Exclusion does not apply to loss or damage to electronic data proc essing equipment or electronic data processing data and media The following causes of loss to per sonal property a Dampness or dryness of atmos 6 7 phere b Changes in or extremes of tem perature c Changes in flavor color texture or finish d Contamination by other than pol lutants and e Marring or scratching. But if an excluded cause of loss that is listed in Paragraphs 1 through 7 above results in any of the specified causes of loss or building glass breakage we will pay for the loss or damage caused by such specified causes of loss or building glass breakage. Also if an excluded cause of loss listed in Paragraphs 1 through 5 or 7 above results in mechanical breakdown of elec tronic data processing equipment we will pay for the loss or damage caused by that mechanical breakdown of electronic data processing equipment. Pollution Discharge dispersal seepage migration release or escape of pollutants unless the discharge dispersal seepage migra tion release or escape is itself caused by any of the specified causes of loss. But if the discharge dispersal seepage mi gration release or escape of pollutants results in any of the specified causes of loss we will pay for the loss or damage caused by such specified causes of loss Page 24 of 38 DX T1001112 2011 The Travelers Indemnity Company. Al rights reserved Includes copyrighted material of Insurance Services Office. Inc. with its permission | 2 |
1 2 Any cost of a Correcting or making good the fault inadequacy or defect itself or b Tearing down tearing out repair ing or replacing any part of any property to correct the fault in adequacy or defect except as specifically provided under the Water or Other Substance Loss Tear Out and Replacement Expense Additional Coverage or Any resulting loss or damage by a Covered Cause of Loss to the prop erty that has the fault inadequacy or defect until the fault inadequacy or defect is corrected. Special Exclusions The following exclusions apply only with re spect to the specified coverage or property. Accounts Receivable Under the Accounts Receivable Cover age Extension we will not pay for 2 3 Loss or damage caused by or result ing from bookkeeping accounting or billing errors or omissions Any loss or damage that requires an audit of records or an inventory com putation to prove its factual existence or Loss or damage caused by or result ing from alteration falsification con cealment or destruction of records of accounts receivable done to conceal wrongful giving taking or withholding of money securities or other prop erty. But this exclusion only applies to the wrongful giving taking or with holding. Valuable Papers and Records We will not pay for any loss of or damage to valuable papers and records caused by or resulting from the following. In addi tion we will not pay for any loss that is a consequence of such loss or damage. Unauthorized viewing copying or use of electronic data or any proprietary or confidential information or intellec tual property in any form by any per son even if such activity is character ized as theft Smoke Vapor or Gas Smoke vapor or gas from agricultural smudging or industrial operations This exclusion does not apply to emis sions or puff backs of smoke soot fumes or vapors from a boiler furnace or related equipment. Voluntary Parting Voluntary parting with any property by you or anyone else to whom you have en trusted the property. This Exclusion does not apply to insur ance provided under this Coverage Form for personal property in transit if the loss to Covered Properly is caused by your acceptance in good faith of false bills of lading or shipping receipts. 3. 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. and 3.b. below results in a Covered Cause of Loss we will pay for the loss or damage caused by that Covered Cause of Loss. a. Weather conditions. But this exclusion only applies if weather conditions contrib ute in any way with a cause or event ex cluded in C.1. above to produce the loss or damage. Acts or decisions including the failure to act or decide of any person group or ganization or governmental body except as provided in the Additional Coverage Ordinance or Law Coverage. Faulty inadequate or defective 1 Planning zoning development sur veying siting 2 Design specifications workmanship repair construction renovation re modeling 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 If an excluded cause of loss that is listed in 3.c. above results in a Covered Cause of Loss we will pay for the resulting loss or damage caused by that Covered Cause of Loss. But we will not pay for 3 m 1 00 c O O O Page 25 of 38 DX T1001112 25586 2011 The Travelers Indemnity Company. Al rights reserved Includes copyrighted material of insurance Services Office Inc. with its permission | 2 |
26 of 38 2 Errors or omissions in processing or copying. But if errors or omissions in processing or copying results in fire or explosion we will pay for the re sulting loss or damage caused by that fire or explosion or Unauthorized instructions to transfer property to any person or place. Electronic Data Processing Equipment and Electronic Data Processing Data and Media 1 We will not pay for loss of or damage to electronic data processing equip ment any other programmable elec tronic machines electronic data processing data and media or other electronic data caused by or resulting from the following. In addition we will not pay for any loss that is a conse quence of such loss or damage a Programming errors. omissions or incorrect instructions to a ma chine. But if programming errors omissions or incorrect instruc tions to a machine result in any of the specified causes of loss or result in mechanical breakdown of electronic data processing equipment we will pay for the loss or damage caused by that specified cause of loss or me chanical breakdown of electronic data processing equipment Unauthorized viewing copying or use of electronic data processing data and media by any person even if such activity is character ized as theft Errors or deficiency in design in stallation maintenance repair or modification of your electronic data processing system or any electronic data processing sys tem or network to which your sys tem is connected or on which your system depends including the electronic data in such sys tem or network. But if errors or deficiency in design installation maintenance repair or modifica tion of your electronic data proc essing system or any electronic data processing system or net work to which your system is b c connected tem depenc tronic data network re specified sults in me electronic equipment loss or dar specified chanical bre data proces Unexplaine faiture mal of any elec system or electronic d network ar cess or pr electronic d We will not pay to electronic and media or while being sen dition we will that is a conseq damage 5. Additional Exclusi The following excl loss or damage to and to loss that is a loss or damage to tt Loss or Damage tc We will not pay for any merchandise g caused by or resulti sion by any perso those having poss rangement where w work is outsourced development prodi product including p essing packaging nance or repair. Thi any effect that co substance or qualit if such error or omi ered Cause of Los loss or damage cat Cause of Loss. D. LIMITATIONS The following limitations forms and endorsements un d 2 2011 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission connected or on which your sys tem depends including the elec tronic data in such system or network results in any of the specified causes of loss or re sults in mechanical breakdown of electronic data processing equipment we will pay for the loss or damage caused by that specified cause of loss or me chanical breakdown of electronic data processing equipment or Unexplained or indeterminable faiture malfunction or slowdown of any electronic data processing system or network including the electronic data in such system or network and the inability to ac cess or properly manipulate the electronic data We will not pay for loss of or damage to electronic data processing data and media or other electronic data while being sent electronically. in ad dition we will not pay for any loss that is a consequence of such loss or damage 5. Additional Exclusion The following exclusion applies only to loss or damage to the specified property and to loss that is a consequence of such loss or damage to the specified property Loss or Damage to Products We will not pay for loss of or damage to any merchandise goods or other product caused by or resulting from error or omis sion by any person or entity including those having possession under an ar rangement where work or a portion of the work is outsourced in any stage of the development production or use of the product including planning testing proc essing packaging installation mainte nance or repair. This exclusion applies to any effect that compromises the form substance or quality of the product. But if such error or omission results in a Cov ered Cause of Loss we will pay for the loss or damage caused by that Covered Cause of Loss. D. LIMITATIONS The following limitations apply to all coverage forms and endorsements uniess otherwise stated d 2 Page 26 of 38 DX T1001112 | 2 |
ozs587 1. We will not pay for loss of or damage to prop erty as described and limited in this section. In addition we will not pay for any loss that is a consequence of loss or damage as de scribed and limited in this section. a. Steam boilers steam pipes steam en gines or steam turbines caused by or re sulting 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 ves sel 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. The interior of a building or structure or to personal property in the building or structure caused by or resulting from rain snow sleet ice sand or dust whether driven by wind or not unless 1 The building or structure first sustains damage by a Covered Cause of Loss to its roof or walls through which the rain snow sleet ice sand or dust enters or 2 The loss or damage is caused by or results from thawing of snow sleet or ice on the building or structure d. 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 physi cal evidence to show what happened to the property. This limitation does not apply to property in the custody of a carrier for hire. e. Property that has been transferred to a person or place outside the described premises on the basis of unauthorized in structions. f. Trees shrubs plants or lawns on a vege tative roof or stock of outdoor trees shrubs and plants caused by or resulting from 1 Dampness or dryness of atmosphere 2 Changes in or extremes of tempera ture or 3 Rain snow sand dust ice or sleet. 2. The special limit shown through c. is the total li age to all property in ea cial limit applies to an theft regardless of the ticles that are lost or d rence. The special limits a. 25000 for furs fi ments trimmed with b. 25000 for jewel movements jewels semi precious stone platinum and othe metals but 1 This limit is inc gold silver pla cious alloys or material in you ess and This limit does and watches wi item. c. 5000 for stamps tery tickets held fo credit. 2 These special limits are to the Limit of Insural Covered Property. If the building where lo has been vacant for 60 consecutive days be age occurs a. We will not pay for caused by any of they are Covered C 1 Vandalism 2 Sprinkler leaka protected the s ing 3 Building glass b 4 Water damage 5 Theft or 6 Attempted theft. b. With respect to Coy other than those li a.6 above we wil we would otherwise damage by 15. DX T100 11 12 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of insurance Services Office Inc. with its permission 2. The special limit shown for each category a. through c. is the total limit for loss of or dam age to all property in each category. The spe cial limit applies to any one occurrence of theft regardless of the types or number of ar ticles that are lost or damaged in that occur rence. The special limits are a. 25000 for furs fur garments and gar ments trimmed with fur. b. 25000 for jewelry watches watch movements jewels pearls precious and semi precious stones bullion gold silver platinum and other precious alloys or metals but 1 This limit is increased to 50000 for gold silver platinum and other pre cious alloys or metals used as a raw material in your manufacturing proc ess and This limit does not apply to jewelry and watches worth 100 or less per item. c. 5000 for stamps tickets including lot tery tickets held for sale and letters of credit. 2 These special limits are part of not in addition to the Limit of Insurance applicable to the Covered Property. 3. If the building where loss or damage occurs has been vacant for a period of more than 60 consecutive days before that loss or dam age occurs a. We will not pay for any loss or damage caused by any of the following even if they are Covered Causes of Loss 1 Vandalism 2 Sprinkler leakage unless you have protected the system against freez ing 3 Building glass breakage 4 Water damage 5 Theft or 6 Attempted theft. b. With respect to Covered Causes of Loss other than those listed in a.1 through a.6 above we will reduce the amount we would otherwise pay for the loss or damage by 15. T L 3 L 2 o e Page 27 of 38 | 2 |
E. LIMITS OF INSURANCE The most we will pay for loss or damage in any one occurrence is the applicable Limit of Insur ance shown in the Declarations Schedules Cov erage Forms or Endorsements Payments under 1. The following Additional Coverages a. Fire Department Service Charge b. Fire Protective Equipment Discharge c. Limited Coverage for Fungus Wet Rot or Dry Rot Stored Water and Water or Other Substance Loss Tear Out and Replacement Expense and 2. The following Coverage Extensions a. Covered Leasehold Interest Undam aged Improvements and Betterments and b. Theft Damage To Rented Property are included in and do not increase the applicable Limits of Insurance. Payments under the Debris Removal Additional Coverage and the Preservation of Property Addi tional Coverage are included in the applicable Covered Property Limits of Insurance andor are additional insurance as described in the Debris Removal Additional Coverage in Section A.3.a. and the Preservation of Property Additional Cov erage in Section A.3.j. Payments under the Electronic Data Processing Data and Media Coverage Extension are included in the applicable Covered Property Limits of In surance andor are additional insurance as de scribed in the Electronic Data Processing Data and Media Coverage Extension in Section A.4.g. The remaining Additional Coverages in Section A.3. and the remaining Coverage Extensions in Section A.4. are additional insurance F. DEDUCTIBLE We will not pay for loss or damage in any one occurrence until the amount of loss or damage exceeds the applicable Deductible shown in the Declarations. We will then pay the amount of loss or damage in excess of the applicable Deductible up to the applicable Limit of Insurance. Unless otherwise stated. if more than one de ductible amount applies to loss or damage in any one occurrence the total of the deductible JRANCE I pay for loss or damage in any is the applicable Limit of Insur e Declarations Schedules Cov r Endorsements Additional Coverages artment Service Charge ective Equipment Discharge Soverage for Fungus Wet Rot or Vater and r Other Substance Loss Tear Replacement Expense Coverage Extensions Leasehold Interest Undam provements and Betterments mage To Rented Property nd do not increase the applicable ce the Debris Removal Additional e Preservation of Property Addi are included in the applicable y Limits of Insurance andor are nce as described in the Debris nal Coverage in Section A.3.a. ation of Property Additional Cov A3 the Electronic Data Processing Coverage Extension are included Covered Property Limits of In are additional insurance as de lectronic Data Processing Data age Extension in Section A.4.g. dditional Coverages in Section naining Coverage Extensions in additional insurance. amounts applied in that occurrence will not ex ceed the amount of the largest applicable de ductible. LOSS CONDITIONS The following conditions apply in addition to the Common Poalicy Conditions Deluxe 1. Abandonment There can be no abandonment of any prop erty to us. 2. 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 can not agree either may request that selection be made by a judge of a court having jurisdic tion. The appraisers will state separately the value of the property and amount of loss. If they fail to agree they will submit their differ ences to the umpire. A decision agreed to by any two will be binding. Each party will a. Pay its chosen appraiser and b. 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. 3. Duties in the Event of Loss or Damage a. You must see that the following are done in the event of loss of or damage to Cov ered 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 de scription of how when and where the loss or damage occurred. 4 Take all reasonable steps to protect for loss or damage in any one the Covered Property from further the amount of loss or damage damage and keep a record of your licable Deductible shown in the expenses necessary to protect the will then pay the amount of loss Covered Property for consideration ess of the applicable Deductible in the settlement of the claim. This ole Limit of Insurance. will not increase the Limit of Insur. stated if more than one de ance. However we will not pay for applies to loss or damage in any any loss or damagg resulting from a the total of the deductible cause of loss that is not a Covered Cause of Loss. Also. if feasible set 2011 The Travelers Indemnity Company. All rights reserved DX T1001112 Includes copyrighted material of Insurance Services Office. inc. with its permission Page 28 of 38 | 2 |
4 Repair rebuild or replace the prop erty with other property of like kind and quality subject to b. c. d. and e. below. A party wall is a wall that separates and is common to adjoining buildings that are owned by different parties. In settling covered losses involving a party wall we will pay a proportion of the loss to the party wall based on your interest in the wall in proportion to the interest of the owner of the adjoining building. However if you elect to repair or replace your build ing and the owner of the adjoining build ing elects not to repair or replace that building we will pay you the full value of the loss to the party wall subject to all applicable Coverage Part provisions in cluding Limits of Insurance the Valuation Loss Condition and all other provisions of this Loss Payment Loss Condition. Our payment under the provisions of this paragraph does not alter any right of sub rogation we may have against any entity including the owner or insurer of the ad joining building and does not alter the terms of the Additional Condition Trans fer of Rights of Recovery Against Others To Us in this Coverage Form. Except as provided in the Additional Cov erage Ordinance or Law Coverage 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. The following loss payment provisions are subject to the apportionment procedures set forth in Additional Coverage Ordi nance or Law Coverage The most we will pay for the total of all covered losses in any one occurrence under Coverage A Coverage For Loss To The Undamaged Portion of the Build ing Coverage B Demolition Cost Cov erage and Coverage C Increased Cost of Construction Coverage is the Com bined Limit of Insurance shown in the Declarations for Ordinance or Law Cov erage. Subject to this Combined Limit of Insurance the following loss payment provisions apply the damaged property aside and in the best possible order for examina tion. At our request give us complete in ventories of the damaged and un damaged property. Include quantities costs values and amount of loss claimed. As often as may be reasonably re quired permit us to inspect the prop erty and records proving the loss or damage and examine your books and records. 5 6 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 neces sary forms. Cooperate with us in the investigation or settlement of the claim. You will not except at your own cost voluntarily make a payment assume any obligation or incur any expense without our consent except as re spects to protecting property from fur ther damage. b. We may examine any insured under oath while not in the presence of any other in sured and at such times as may be rea sonably required about any matter relat ing to this insurance or the claim includ ing an insured s books and records. In the event of an examination an insured s an swers must be signed 4. Loss Payment a. In the event of loss or damage covered by this Coverage Form at our option we will either 1 Pay the value of lost or damaged property 2 Pay the cost of repairing or replacing the lost or damaged property subject to b. c. d. and e. below 3 Take all or any part of the property at an agreed or appraised value or 7 8 9 mm 00 T o o i 3 Page 29 of 38 DX T1001112 o2s588 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
1 For a loss in value of an undamaged portion of a building to which Cover age A applies the loss payment for that undamaged portion of the build ing will be determined as follows a If Replacement Cost Coverage applies and the property is being repaired or replaced on the same or another location we will not pay more than the lesser of i The cost to repair rebuild or reconstruct the undamaged portion of the building that was necessarily demolished as a consequence of the or dinance or law but not for more than the amount it would cost to restore that un damaged portion of the build ing on the same location and to the same height floor area style and comparable quality of the original property insured or ii The Combined Limit of insur ance shown in the Declara tions for the Additional Cov erage Ordinance or Law Coverage. If Replacement Cost Coverage applies and the property is not repaired or replaced. or if Re placement Cost Coverage does not apply we will not pay more than the lesser of i The Actual Cash Value at the time of loss of the undam aged portion of the building that is required to be demol ished as a consequence of the ordinance or law or ii The Combined Limit of Insur ance shown in the Declara tions for the Additional Cov erage Ordinance or Law Coverage 2 Loss payment under Coverage B will be determined as follows a The amount you actually spend to demolish and clear the site or b The Combined Limit of Insurance shown in the Declarations for the b Additional Coverage Ordinance or Law Coverage whichever is less. 3 Loss payment under Coverage C will be determined as follows a We will not pay under Coverage c i Until the property is actually repaired or replaced at the same or another location and ii Unless the repairs or re placement are made as soon as reasonably possible after the loss or damage not to exceed two years. We may extend this period in writing during the two years. b If the building is repaired or re placed at the same location or if you elect to rebuild at another lo cation the most we will pay un der Coverage C is the lesser of i The increased cost of con struction at the same loca tion or il The Combined Limit of Insur ance shown in the Declara tions for the Additional Cov erage Ordinance or Law Coverage. c If the ordinance or law requires relocation to another location the most we will pay under Coverage C is the lesser of i The increased cost of con struction at the new location or ii The Combined Limit of Insur ance shown in the Declara tions for the Additional Cov erage Ordinance or Law Coverage. e. Except as specifically provided under the 1 Green Building Alternatives In creased Cost Additional Coverage and 2 Green Building Reengineering and Recertification Expense Additional Coverage Page 30 of 38 DX T1001112 2011 The Travelers indemnity Company. All rights reserved includes copyrighted material of Insurance Services Office. Inc. with its permission | 2 |
1 The total of a.1 and a.2 above 2 The value of the recovered property or 3 The Limit of Insurance whichever is less 6. Valuation We will determine the value of Covered Prop erty in the event of loss or damage as follows a. At replacement cost as of the time of loss or damage except as otherwise provided in this Valuation Loss Condition. Re placement cost is the cost to replace Covered Property at the time of loss or damage without deduction for deprecia tion. 1 You may make a claim for loss 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 dam age settied on an actual cash value basis you may still make a claim on a replacement cost basis if you notify us of your intent to do so within 180 days after the loss or damage We will not pay on a replacement cost basis for any loss or damage a Until the lost or damaged prop erty is actually repaired or re placed and b Unless the repairs or replace ment are made as soon as rea sonably possible after the loss or damage. Instead we will pay on an actual cash value basis. This restriction does not apply to losses less than 10000. We will not pay more for loss or dam age on a replacement cost basis than the least of a b or c subject to 4 below a The Limit of Insurance applicable to the lost or damaged property b The cost to replace at the same premises the lost or damaged property with other property i Of comparable material and quality and 2 3 025889 the cost to repair rebuild or replace does not include any cost ircurred to reattain a pre loss level of green building certifica tion from a Green Authority. f. With respect to our options listed in 4.a.1 through 4.a.4 above we will give notice of our intentions within 30 days af ter we receive the proof of loss. g. We will not pay you more than your finan cial interest in the Covered Property. h. We may adjust losses with the owners of fost or damaged property if other than you. If we pay the owners such pay ments will satisfy your claims against us for the owner s property. We will not pay the owners more than their financial in terest in the Covered Property. i. We may elect to defend you against suits arising from claims of owners of property. We will do this at our expense. J We will pay for covered loss or damage within 30 days after we receive the sworn proof of loss if 1 You have complied with all of the terms of this Coverage Part and 2 a We have reached agreement with you on the amount of loss or b An appraisal award has been made. k. At our option we may make a partial payment toward any claims subject to the policy provisions and our normal ad justment process. To be considered for a partial claim payment you must submit a partial sworn proof of loss with supporting documentation. Any applicable policy de ductibles must be satisfied before any partial payments are made. 5. 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 prop erty. a. We wili pay 1 Recovery expenses and 2 Costs to repair the recovered prop erty b. But the amount we will pay will not ex ceed DXT1001112 2011 The Travelers indemnity Includes copyrighted material of Insurance OO O Page 31 of 38 2011 The Travelers indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
ii Used for the same purpose or c The amount you actually spend that is necessary to repair or re place the lost or damaged prop ernty. If a building is rebuilt at a different premises the cost described in b above is limited to the cost which would have been incurred had the building been built at the original premises. The cost to repair rebuild or replace does not include the increased cost attributable to enforcement of any or dinance or law regulating the con struction use or repair of any prop erty except as provided in the Addi tional Coverage Ordinance or Law Coverage 4 Electronic data processing equipment will be valued at replacement cost as of the time and place of loss in accordance with the replacement cost provisions con tained in this Valuation Loss Condition However if replacement of electronic data processing equipment with compa rable property is impossible the replace ment cost will be the cost of items that are similar to the damaged or destroyed equipment and intended to perform the same function but which may include technological advances. In no event will the value determined for 1 Electronic data processing equip ment owned by others exceed the amount for which you are liable or 2 Electronic data processing equip ment that is obsolete or no longer used by you exceed the actual cash value of such equipment at the time of loss. Electronic data processing data and me dia will be valued at 1 The cost of blank media and 2 The cost of labor to copy the elec tronic data from a duplicate of the electronic data but only if the lost electronic data is actually copied The restoration of electronic data proc essing data and media for which dupli cates do not exist is provided under the Electronic Data Processing Data and Me dia Coverage Extension. Tenant s improvements and betterments at 1 Replacement cost of the lost or dam aged property if it is actually repaired or replaced as soon as reasonably possible A proportion of your original cost if you do not make repairs as soon as reasonably possible. We will deter mine the proportionate value as fol lows a Multiply the original cost by the number of days from the loss or damage to the expiration of the lease and b Divide the amount determined in a above by the number of days from the installation of improve ments to the expiration of the lease. 2 If your lease contains a renewal op tion the expiration of the renewal op tion period will replace the expiration of the lease in this procedure. 3 Nothing if others pay for repairs or replacement. Personal property you have sold but not delivered at the selling price less dis counts and expenses you otherwise would have had Personal property of others at the lesser of 1 The valuation of such property if it were owned by you or 2 The amount for which you are con tractually liable not to exceed the re placement cost. Stock in process at the cost of raw ma terials and labor plus the proper propor tion of overhead charges Finished stock you manufacture at 1 The selling price as if no loss or damage occurred 2 Less discounts and expenses you otherwise would have had. Personal property in transit at 1 a The amount of invoice or Page 32 of 38 DX T100 1112 2011 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office. Inc. with its permission | 2 |
n. Patterns dies molds and forms not in current usage at actual cash value. If loss is paid on an actual cash value basis and within 24 months from the date of the loss you need to repair or replace one or more of them we will pay you subject to the conditions of this insurance the differ ence between actual cash value and re placement cost for those patterns molds and dies which are actually repaired or replaced 0. Personal property valuation inciudes the pro rated value of non refundable and non transferable extended warranties maintenance contracts or service con tracts that you purchased on lost or dam aged personal property that you repair or replace. This applies only when the ex tended warranty maintenance contract or service contract is voided due to the loss or damage to the personal property. p. If branded or labeled merchandise that is Covered Property is damaged by a Cov ered Cause of Loss and we take all or part of the property at an agreed or ap praised value we will pay subject to the Limit of insurance that applies to the damaged property 1 The reasonable expenses you incur to a Stamp the word Salvage on the merchandise or its containers if the stamp will not physically damage the merchandise or Remove the brands or labels if doing so will not physically dam age the merchandise. You must re label the merchandise or its containers to comply with the law. 2 The reduction in the salvage value of the damaged merchandise with the brand or label removed. q. If you decide to repair or rebuild buildings which have sustained loss or damage our payment will include any reasonable and necessary architectural engineering consulting or supervisory fees incurred. This will not increase the applicabie Lim its of Insurance. r. Pairs sets or parts 1 In case of loss to any part of a pair or set we may at our option b b In the absence of an invoice the least of the following i The value of the Covered Property i The cost of reasonably re storing that property to its condition immediately before loss or damage or i The cost of replacing that property with substantially the same property plus 2 The amount of any prepaid freight charges and other shipping costs or charges that are incurred while the property is in transit j Glass at 1 The cost of replacement with safety glazing material if required by law plus 2 The amount of reasonable expenses incurred to put up temporary plates or board up openings if repair or re placement of the damaged glass is delayed. k. Valuable papers and records at the cost of 1 Blank material for reproducing the re cords and 2 Labor to transcribe or copy records for which duplicates exist. The restoration of data on valuable pa pers and records for which duplicates do not exist is provided under the Valuable Papers and Records Cost of Research Coverage Extension I. Works of arts antiques or rare articles at the least of 1 The price at which the property could likely be sold prior to loss or damage if offered for sale in a fair market on the date the foss or damage oc curred 2 The cost of reasonably restoring that property or The cost of replacing that property with substantially the same property. m. Personal property at exhibitions at the lesser of replacement cost or the original cost to you 3 DX T100 11 12 2011 The Travelers Indemnit Includes copyrighted material of Insurancs 028860 NV T 0 0O O Page 33 of 38 2011 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
a Repair or replace any part to re store 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 In 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. ADDITIONAL CONDITIONS The following conditions apply in addition to the Common Policy Conditions Deluxe 1. Concealment Misrepresentation or Fraud This Coverage Part is void in any case of fraud by you as it relates to this Coverage Part at any time. It is also void if you or any other insured at any time intentionally con ceal or misrepresent a material fact concern ing a. This Coverage Part b. The Covered Property c. Your interest in the Covered Property or d. A claim under this Coverage Part. Control of Property The breach of any condition of this Coverage Part as a result of act or neglect of any per son other than you beyond your direction or control will not affect this insurance. The breach of any condition of this Coverage Part at any one or more locations will not af fect coverage at any location where at the time of loss or damage the breach of condi tion does not exist. Currency The amounts used within this Coverage Part are in the currency of the United States of America and all premium and losses are pay able in United States currency. In the event of a loss adjustment involving currency other than United States currency the conversion into United States currency will be at the pub lished rate of exchange as of the date of the loss. Legal Action Against Us No one may bring a legal action against us under this Coverage Part unless a. There has been full compliance with ali of the terms of this Coverage Part and b. The action is brought within 2 years after the date on which the direct physical loss or damage occurred. 5. Liberalization If we adopt any revision that would broaden the coverage under this Coverage Part with out additional premium within 60 days prior to or during the policy period the broadened coverage will immediately apply to this Cov erage Part. 6. Mortgageholders a. b. The term mortgageholder includes trus tee. We will pay for covered loss of or damage to buildings or structures to each mort gageholder shown in the Declarations in their order of precedence as interests may appear. The mortgageholder has the right to re ceive loss payment even if the mortgage holder has started foreclosure or similar action on the building or structure. If we deny your claim because of your acts or because you have failed to com ply with the terms of this Coverage Part the mortgageholder will still have the right to receive loss payment if the mortgage holder 1 Pays any premium due under this Coverage Part at our request if you have failed to do so Submits a signed sworn proof of loss within 60 days after receiving notice from us of your failure to do so and 3 Has notified us of any change in ownership occupancy or substantial change in risk known to the mort gageholder. All of the terms of this Coverage Part will then apply directly to the mortgageholder. If we pay the mortgageholder for any loss or damage and deny payment to you be cause of your acts or because you have failed to comply with the terms of this Coverage Part 1 The mortgageholder s rights under the mortgage will be transferred to us to the extent of the amount we pay and 2 Page 34 of 38 DX T1001112 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office inc. with its permission | 2 |
2 The mortgageholder s right to recover the full amount of the mortgage holder s claim will not be impaired. At our option we may pay to the mort gageholder 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. If we cancel this policy we will give writ ten notice to the mortgageholder at least 1 10 days before the effective date of cancellation if we cancel for your non payment of premium or 2 60 days before the effective date of cancellation if we cancel for any other reason. If we elect not to renew this policy we will give written notice to the mortgageholder at least 80 days before the expiration date of this policy. 7. No Benefit to Bailee No person or organization other than you having custody of Covered Property will benefit from this insurance. 8. Other Insurance a. You may have other insurance subject to the same plan terms conditions and pro visions as the insurance under this Cov erage Part. 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 Part bears to the Limits of Insurance of all insurance covering on the same basis. If there is other insurance covering the same loss or damage other than that de scribed in Paragraph a. 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 it or not. But we will not pay more than the applicable Limit of Insur ance. If loss or damage is also covered by a service agreement any amounts payable for such loss or damage under this Cov erage Part will be excess over any amounts payable under such agreement. Service agreement means a service plan property restoration plan or similar ser 9.. vice warranty agreement even if it is characterized as insurance. Policy Period Coverage Territory Under this Coverage Part a. We cover loss or damage commencing 1 During the policy period shown in the Declarations and 2 Wwithin the Coverage Territory. b. Except as otherwise specifically provided the Coverage Territory is 1 The United States of America includ ing its territories and possessions 2 Puerto Rico and 3 Canada.. Transfer of Rights of Recovery Against Others to Us If any person or organization to or for whom we make payment under this Coverage Part 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 a. Priorto a loss under this Coverage Part. b. After a loss under this Coverage Part only if at time of loss that party is one of the following 1 Someone insured by this insurance 2 A business firm a Owned or controlled by you or b That owns or controls you or 3 Yourtenant. This will not restrict your insurance. Unintentional Errors In Description Your error in how you describe the address of a location in the Location Schedule shall not prejudice coverage afforded by this policy provided such error is not intentional. Any such error shall be reported and corrected when discovered and appropriate premium charged. OPTIONAL COVERAGES If shown as applicable in the Declarations the following Optional Coverages apply separately to each item. RO A ea. 3 Page 35 of 38 DX T1001112 025891 2011 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
1. Actual Cash Value replaces the term Re placement Cost where used in the Valuation Loss Conditions in Section G.6. of this Cov erage Form 2. Inflation Guard a. The Limit of Insurance for property to which this Optional Coverage applies will automatically increase by the annual per centage shown in the Declarations. b. The amount of increase will be 1 The Limit of Insurance that applied on the most recent of the policy incep tion date the policy anniversary date or any other policy change amending the Limit of Insurance times The percentage of annual increase shown in the Declarations expressed as a decimal example 8 is.08 times The number of days since the begin ning of the current policy year or the effective date of the most recent pol icy change amending the Limit of In surance divided by 365. Example If The applicable Limit of Insurance is 100000 The annual percentage increase is 8 The number of days since the begin ning of the policy year or last policy change is 146 The amount of the increase is 100000 x.08 x 146365 3200 J. DEFINITIONS 1. Electronic Data Processing Data and Me dia means the following a. Electronic data processing data and me dia means 1 Data stored on created or used on or transmitted to or from computer software including systems and ap plications software on electronic data processing recording or storage me dia such as hard or floppy disks CDs DVDs flash memory tapes drives cells data processing devices or any other repositories of computer 2 3 software which are used with elec tronically controlled equipment 2 The electronic media on which the data is stored and 3 Programming records and instruc tions used with electronic data proc essing equipment. b. Electronic data processing data and me dia does not mean 1 Prepackaged software 2 Property that you manufacture or hold for sale or 3 Property that is licensed leased or rented to others. 2. Electronic Data Processing Equipment means the following a. Electronic data processing equipment means any of the following equipment used in your data processing operations 1 Electronic data processing equip ment facsimile machines word proc essors multi functional telephone equipment and laptop and portable computers and 2 Any component parts or peripherals of such equipment including refated surge protection devices. b. Electronic data processing equipment does not mean 1 Property that is in the course of manufacture or held for sale or dis tribution by you 2 Property that is leased or rented to others or 3 Equipment that is used to control or operate production type machinery or equipment. 3. Employee Tools means tools and equip ment owned by your employees and used in your business operations. 4. Exhibition means the temporary display of personal property at a convention exposition trade show or similar event at a location you do not own or regularly occupy. 5. Fine Arts means paintings etchings pic tures tapestries art glass windows valuable rugs statuary marbles bronzes antique fur niture rare books antique silver manu scripts porcelains rare glass bric a brac and Page 36 of 38 DXT1001112 2011 The Travelers Indemnity Company Al rights reserved. Includes copyrighted material of Insurance Services Office inc. with its permission | 2 |
13. 14. 15. 16. b. The interior of a building or structure or property inside a building or structure uniess the roof or an exterior wall of the building or structure is first damaged by a falling object. When the Causes of Loss Earthquake en dorsement Causes of Loss Earthquake Sprinkler Leakage endorsement or Causes of Loss Broad Form Flood endorsement is in cluded in this Coverage Part specified causes of loss also includes such cause of loss but only to the extent such cause of loss is insured against under this Coverage Part. Stock means merchandise held in storage or for sale raw materials and in process or finished goods including supplies used in their packing or shipping Territorial Waters means that portion of the sea which is immediately adjacent to the shores of any country and over which the sovereignty and exclusive jurisdiction of that country extends but not exceeding 12 nauti cal miles from the mean low water mark of the shore of that country. Vacant means the following a. When this policy is issued to a tenant a building is vacant when it does not con tain enough business personal property to conduct customary operations. With respect to tenant s interest in Covered Property building means the unit or suite rented or leased 1o the tenant. b. When this policy is issued to the owner or general lessee of a building a building is vacant unless at least 31 of its total square footage is 1 Rented to a lessee or sub lessee and used by the lessee or sub lessee to conduct its customary operations andor 2 Used by the building owner to con duct customary operations. With respect to the owner or general les see s interest in Covered Property build ing means the entire building. c. A building under construction or renova tion is not considered vacant. Valuable Papers and Records means in scribed printed or written documents manu scripts or records including abstracts books deeds drawings films maps and mortgages. 10. 1. 12. similar property of rarity historical value or artistic merit Fungus means any type or form of fungus including mold or mildew and any mycotox ins spores scents or by products produced or released by fungi. Green means products materials methods and processes that conserve natural re sources reduce energy or water consump tion avoid toxic or other polluting emissions or otherwise minimize the environmental im pact. Green Authority means a recognized au thority on green building or green prod ucts materials or processes. Interior of a Building or Structure means any portion of a building or structure that is within the exterior facing surface material of the building or structure. Pollutants means any solid liquid gase ous or thermal irritant or contaminant includ ing smoke vapor soot fumes acids alkalis chemicals waste and any unhealthful or haz ardous building materials including but not limited to asbestos and lead products or ma terials containing lead. Waste includes mate rials to be recycled reconditioned or re claimed. Sinkhole Collapse means the sudden sinking or 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. Specified Causes of Loss means the fol lowing Fire fightning explosion windstorm or hail smoke including the emission or puff back of smoke soot fumes or vapors from a boiler furnace or related equipment aircraft or vehicles riot or civil commotion vandalism leakage from fire extinguishing equipment sinkhole collapse volcanic action falling ob jects as limited below weight of snow ice or sleet water damage all only as otherwise insured against in this Coverage Part. Falling objects does not include loss or dam age to a. Personal property in the open or A. O A0 OO Page 37 of 38 DX T1001112 025502 2011 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
But Valuable papers and records does not mean Accounts receivable b. Money or securities or c. Electronic data processing data and me dia or any other data that exists on elec tronic media. 17. Water damage means a. Accidental discharge or leakage of water or steam as the direct result of the break ing apart or cracking of a plumbing heat ing air conditioning or other system or appliance other than a sump system in cluding its related equipment and parts that is located on the described premises and contains water or steam and Accidental discharge or leakage of water as the direct result of the breaking apart or cracking of a water or sewer pipe that is located off the described premises if the breakage or cracking is caused by wear and tear. This provision serves as an exception to the wear and tear exclu sion under the Other Types of Losses Exclusion in Section C.2.i.. But water damage does not include loss or damage otherwise excluded under the terms of the Water Exclusion C.1.1. Page 38 of 38 DXT1001112 2011 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
DELUXE BUSINESS INCOME AND EXTRA EXPENSE 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 SECTION G. DEFINITIONS in this Coverage Form and SECTION J. DEFINITIONS in the Deluxe Property Coverage Form. A. COVERAGE b. The coverage provided for Business In DX T1011112 We will pay for The actual loss of Business Income you sus tain due to the necessary suspension of your operations during the period of resto ration and The actual Extra Expense you incur during the period of restoration caused by direct physical loss of or damage to property at premises which are described in the Declarations and for which a Business Income and Extra Expense Limit of Insurance is shown in the Declarations. The loss or damage must be caused by or result from a Covered Cause of Loss. With respect to loss of or damage to per sonal property in the open or personal property in a vehicle the described premises include the area within 1000 feet of the site at which the de scribed premises are located. With respect to the requirements set forth in the preceding paragraph if you occupy only part of the site at which the described premises are lo cated your premises means The portion of the building which you rent lease or occupy and Any area within the building or on the site at which the described premises are located if that area services or is used to gain access to the described premises. 1. Business Income a. Business Income means the sum of the 1 Net Income Net Profit or Loss before income taxes that would have been earned or incurred plus 2 Continuing normal operating ex penses incurred including payroll. For manufacturing risks Net Income in cludes the net sales value of production come is based on the entry shown in the Declarations for Rental Value. When 1 Included is shown the term Business Income includes Rental Value 2 Excluded is shown the term Busi ness Income excludes Rental Value 3 Only is shown the term Business In come means Rental Value only. If Limits of Insurance are shown under more than one of the above options the provisions of this Coverage Part apply separately to each. Extra Expense Extra Expense means reasonable and nec essary expenses described in a. b. and c. below that you incur during the period of res toration and that you would not have incurred if there had been no direct physical loss of or damage to property caused by or resulting from a Covered Cause of Loss a. Expenses to avoid or minimize the sus pension of business and to continue op erations at 1 The described premises or 2 Replacement premises or temporary locations including a Relocation expenses and b Costs to equip and operate the replacement premises or tempo rary locations b. Expenses to minimize the suspension of business if you can not continue opera tions or c. Expenses to repair or replace property but only to the extent the amount of loss that otherwise would have been payable under this Coverage Form is reduced. 2011 The Travelers Indemnity Company. Al rights reserved Page 1 of 13 Includes copyrighted material of Insurance Services Office Inc. with its permission LR z I s AN DX T1011112 025503 2011 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
3. Covered Causes of Loss Covered Causes of Loss means RISKS OF DIRECT PHYSICAL LOSS unless the loss is excluded or limited in a. c. Section C. Exclusions or Section D. Limi tations of the Deluxe Property Coverage Form or Section B. Exclusions and Limitation of this Coverage Form or In the Declarations or by endorsement 4. Additional Coverages Each of the following Additional Coverages applies subject to the Limits of Insurance stated in this Coverage Form unless a re vised Limit of Insurance or Not Covered is in dicated in the Declarations or the coverage is otherwise amended by endorsement a. Alterations and New Buildings We will pay for the actual loss of Busi ness Income you sustain and the actual Extra Expense you incur due to direct physical loss or damage at the described premises caused by or resulting from a Covered Cause of Loss to 1 New buildings or structures whether complete or under construction 2 Alterations or additions to existing buildings or structures and 3 Machinery equipment supplies or building materials located on or within 1000 feet of the described premises and a Used in the construction altera tions or additions or b Incidental to the occupancy of new buildings. If such direct physical loss or damage de lays the start of operations the period of restoration for Business Income cov erage will begin on the date operations would have begun if the direct physical loss or damage had not occurred. This change in the start of the period of resto ration does not apply to Extra Expense. Business Income From Dependent Property 1 We will pay for a The actual loss of Business In come you sustain due to the nec essary suspension of your op erations during the period of restoration and b The actual Extra Expense you in cur during the period of restora tion caused by direct physical loss of or damage to property at the premises of a dependent property located anywhere in the world provided that no sanction embargo or similar regu lation imposed by the United States of America prohibits us from covering such loss. The loss or damage to the property must be caused by or result from a Covered Cause of Loss. This Additional Coverage does not apply to dependent property for which you have more specific insur ance under this or any other policy. The most we will pay in any one oc currence under this Additional Cover age for loss of Business Income and Extra Expense arising out of damage to property at the premises of a de pendent property located a Within the Coverage Territory is 100000 and b Anywhere in the world outside of the Coverage Territory is 100000. With respect only to the insurance provided under this Additional Cover age the phrase at the described premises as used in the definition of period of restoration is deleted and replaced by the phrase at the prem ises of a dependent property. c. Civil Authority 1 When a Covered Cause of Loss causes damage to property other than property at the described prem ises we will pay for the actual loss of Business Income you sustain and the actual Extra Expense you incur caused by action of civil authority that prohibits access to the described premises provided that both of the following apply a Access to the area immediately surrounding the damaged prop erty is prohibited by civil authority as a result of the damage and 2 3 4 Page 2 of 13 DXT1011112 2011 The Travelers Indemnity Company. All rights reserved Inciudes copyrighted materiai of insurance Services Office Inc. with its permission | 2 |
3 The most we will pay for all Contract Penalties incurred in any one occur rence under this Additional Coverage regardless of the number of contracts involved is 25000. e. Extended Business Income 1 Business Income Other Than 2 Rental Value If the necessary suspension of your operations produces a Business In come loss payable under this Cover age Part we will pay for the actual loss of Business Income you incur during the period that a Begins on the date property ex cept finished stock is actually repaired rebuilt or replaced and operations are resumed and b Ends on the earlier of i The date you could restore your operations with rea sonable speed to the level which would generate the Business Income amount that would have existed if no di rect physical loss or damage had occurred or ii 180 consecutive days after the date determined in 1a above unless otherwise stated in the Declarations or by endorsement. However Extended Business Income does not apply to loss of Business In come incurred as a result of unfavor able business conditions caused by the impact of the Covered Cause of Loss in the area where the described premises are located. Loss of Business Income must be caused by direct physicat loss of or damage to property at the described premises caused by or resulting from a Covered Cause of Loss. Rental Value If the necessary suspension of your operations produces a Rental Value loss payable under this Cov erage Part we will pay for the actual loss of Rental Value you incur dur ing the period that the described premises are within that area but are not more than 100 miles from the damaged property and b The action of civil authority is taken in response to dangerous physical conditions resulting from the damage or continuation of the Covered Cause of Loss that caused the damage or the action is taken to enable a civil authority to have unimpeded access to the damaged property. 2 Civil Authority Coverage for Business Income will begin 72 hours after the time of the first action of civil authority that prohibits access to the described premises and will apply for a period of up to thirty consecutive days from the date on which such coverage be gan Civil Authority Coverage for Extra Expense will begin immediately after the time of the first action of civil au thority that prohibits access to the described premises and will end a Thirty consecutive days after the date of that action or b When your Civil Authority Cover age for Business Income ends whichever is later. d. Contract Penalties 1 We will pay for Contract Penalties you incur due to the necessary sus pension of your operations during the period of restoration. The sus pension of your operations must be caused by direct physical loss or damage by a Covered Cause of Loss to property at the described prem ises including finished stock and personal property in the open or in a vehicle within 1000 feet of the de scribed premises. As used in this Additional Coverage Contract Penalties means amounts which under the terms of a written contract that is in effect at the time of the direct physical loss or damage you are required to pay to your cus tomers for failure to deliver your products or services on time. 3 2 000 0 OO 7 M 5 Page 3 of 13 DX T1011112 025884 2011 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
a Begins on the date property is ac tually repaired rebuilt or replaced and tenantability is restored and b Ends on the earlier of i The date you could restore tenant occupancy with rea sonable speed to the level which would generate the Rental Value that would have existed if no direct physical loss or damage had occurred or ii 180 consecutive days after the date determined in 2a above unless otherwise stated in the Declarations or by endorsement. However Extended Business Income does not apply to loss of Rental Value incurred as a result of unfa vorable business conditions caused by the impact of the Covered Cause of Loss in the area where the de scribed premises are located. Loss of Rental Value must be caused by direct physical loss or damage at the described premises caused by or resulting from a Cov ered Cause of Loss. f. Fungus Wet Rot or Dry Rot Amended Period of Restoration 1 The coverage described in f.2 and 2 Page 4 of 13.3 below only applies when fun gus wet rot or dry rot is the result of any of the specified causes of loss other than fire or lightning that oc curs at the described premises during the policy period and only if all rea sonable means have been used to save and preserve the property from further damage at the time of and af ter that occurrence If the cause of loss at the described premises which results in fungus wet rot or dry rot does not in itself necessitate a suspension of opera tions but such suspension of op erations is necessary due to loss or damage to property at the described premises caused by fungus wet rot or dry rot then our payment for loss of Business Income and Extra Ex pense is limited to the actual amount 2011 The Travelers Indemnity Includes copyrighted material of Insurance Begins on the date property is ac tually repaired rebuilt or replaced and tenantability is restored and Ends on the earlier of i The date you could restore tenant occupancy with rea sonable speed to the level which would generate the Rental Value that would have existed if no direct physical loss or damage had occurred or ii 180 consecutive days after the date determined in 2a above unless otherwise stated in the Declarations or by endorsement. ever Extended Business Income not apply to loss of Rental e incurred as a result of unfa ble business conditions caused 1e impact of the Covered Cause oss in the area where the de ed premises are located. of Rental Value must be ed by direct physical loss or age at the described premises ed by or resulting from a Cov Cause of Loss.. Wet Rot or Dry Rot d Period of Restoration coverage described in f.2 and below only appiies when fun wet rot or dry rot is the result of of the specified causes of loss than fire or lightning that oc at the described premises during olicy period and only if all rea ble means have been used to and preserve the property from er damage at the time of and af at occurrence cause of loss at the described ises which results in fungus ot or dry rot does not in itself ssitate a suspension of opera but such suspension of op ons is necessary due to loss or age to property at the described ises caused by fungus wet rot of such loss and expense sustained during a period of not more than 30 days unless another number of days is shown in the Declarations. The days need not be consecutive. 3 If a covered suspension of opera tions is caused by a cause of loss at the described premises other than fungus wet rot or dry rot but reme diation of resulting loss by fungus wet rot or dry rot prolongs the period of restoration we will pay for the ac tual loss of Business Income and the actual Extra Expense sustained dur ing the delay regardless of when such a delay occurs during the pe riod of restoration but such cover age is limited to a period of not more than 30 days unless another number of days is shown in the Declarations. The days need not be consecutive. The Fungus Wet Rot or Dry Rot ex clusion in Section C.1.c. of the De luxe Property Coverage Form does not apply to the insurance specifically provided under this Additional Cover age. Green Building Alternatives In creased Period of Restoration If direct physical loss or damage by a Covered Cause of Loss occurs to a build ing at a described premises we will pay for the actual loss of Business Income you sustain and the actual Extra Expense you incur during the reasonable and nec essary increase in the period of restora tion that is incurred to 1 Repair or replace the lost or dam aged portions of the building using products or materials that a Are green alternatives to the products or materials of the lost or damaged property in accor dance with the documented stan dards of a Green Authority and b Are otherwise of comparable quality and function to the dam aged property and 4 2 Employ green methods or proc y rot then our payment for loss esses of construction disposal or re usiness Income and Extra Ex cycling in the course of repair and re e is limited to the actual amount placement of the lost or damaged 2011 The Travelers indemnity Company. Al rights reserved. DX T101 1112 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
building in accordance with the documented standards of a Green Authority subject to a maximum of 30 additional days unless another number of days is shown in the Declarations from the date the period of restoration would other wise have ended. Ordinance or Law Increased Period of Restoration 1 If direct physical loss or damage by a Covered Cause of Loss occurs to property at the described premises we will pay for the actual loss of Business Income you sustain and the actual Extra Expense you incur dur ing the reasonable and necessary in crease in the period of restoration caused by or resulting from the en forcement of any ordinance or law which a Regulates the construction or re pair of any property b Requires the tearing down of parts of property not damaged by a Covered Cause of Loss and c Isin force at the time of loss. However this Additional Coverage applies only to the increased period required to repair or reconstruct the property to comply with the minimum standards of such ordinance or law. 2 This Additional Coverage does not apply to any loss caused by or result ing from a The enforcement of any ordi nance or law which requires i The demolition repair re placement reconstruction remodeling or remediation of property due to contamina tion by pollutants or due to the presence growth prolif eration spread or any activity of fungus wet rot or dry rot or ii Requires any insured or oth ers to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or as sess the effects of pollut 3 fungus wet rot or dry or b The enforcement of any ordi nance or law which i You were required to comply with before the loss even if the building was undamaged and ii You failed to comply with. The Ordinance or Law exclusion in Section C.1.h. of the Deluxe Property Coverage Form does not apply to the insurance specifically provided under this Additional Coverage. The most we will pay for loss and ex pense in any one occurrence under this Additional Coverage is 250000. Coverage Extensions Each of the following Coverage Extensions applies subject to the Limit of Insurance stated in this Coverage Form unless a differ ent Limit of Insurance or Not Covered is indi cated in the Declarations or the coverage is otherwise amended by endorsement a. Claim Data Expense 1 You may extend the insurance pro 2 3 vided by this Coverage Form to apply to the reasonable expenses you incur in the preparation of claim data when we require it to adjust a covered loss. This includes the cost of preparing income statements and other docu mentation to show the extent of loss. We will not pay for a Any expenses incurred directed or billed by or payable to attor neys insurance adjusters or their associates or subsidiaries Any costs as provided in the Ap praisal Loss Condition or Any expenses incurred directed or billed by or payable to insur ance brokers or agents or their associates or subsidiaries with out our written consent prior to such expenses being incurred. The most we will pay in any one oc currence under this Extension is 25000. b c.0 O I 3 1 O 3 Page 5 of 13 DX T1011112 025505 2011 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
b. Ingress or Egress 1 You may extend the insurance pro vided by this Coverage Form for a The actual loss of Business In come you sustain due to the nec essary suspension of your op erations during the period of restoration and b The actual Extra Expense you in cur during the period of restora tion to apply to the actual amount of such loss of Business Income and Extra Expense that you incur when ingress to or egress from the described prem ises is prevented other than as pro vided in the Civil Authority Additional Coverage. The prevention of ingress to or egress from the described premises must be caused by direct physical loss or damage by a Covered Cause of Loss to property that is away from but within 1 mile of the described premises unless a different number of miles is shown in the Declarations. This coverage will apply for up to 30 consecutive days from the date when the ingress or egress is first pre vented 2 3 The most we will pay under this Ex tension for the sum of Business In come loss and Extra Expense in curred in any one occurrence is 25000 c. Newly Acquired Locations 1 You may extend the insurance pro vided by this Coverage Form for a The actual loss of Business In come you sustain due to the nec essary suspension of your op erations during the period of restoration and b The actual Extra Expense you in cur during the period of restora tion to apply to the actual amount of such loss of Business Income and Extra Expense that you incur caused by di rect physical loss or damage by a Covered Cause of Loss to property including property under construc Page 6 of 13 2011 The Travelers Indemnity Includes copyrighted material of Insurance tion at any location you newly ac quire by purchase lease or other wise other than at exhibitions The most we will pay under this Ex tension for the sum of Business In come loss and Extra Expense in curred in any one occurrence is 500000 at each newly acquired lo cation With respect only to the insurance provided under this Extension the phrase at the described premises as used in the definition of period of restoration is deleted and replaced by the phrase at a newly acquired lo cation. 2 3 4 Insurance under this Extension for each newly acquired location 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 c You report the location to us or d Coverage for Business Income and Extra Expense at the location is more specifically insured We will charge you additional pre mium for values reported from the date you acquire the property. d. Pollutant Cleanup and Removal 1 You may extend the insurance pro vided by this Coverage Form for a The actual loss of Business In come you sustain due to the nec essary suspension of your op erations during the period of restoration and b The actual Extra Expense you in cur during the period of restora tion to apply to the actuai amount of such foss of Business Income and Extra Expense that you incur during the in creased period of time necessarily required to extract pollutants from land or water at the described prem ises. The insurance provided under this Extension applies only if the dis charge dispersal seepage migra tion release or escape of the pollut 2. All rights reserved DX T1011112 Office. Inc. with its permission. 2011 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office. Inc. with its permission | 2 |
3 ants into the land or water is caused by or results from direct physical loss or damage by any of the specified causes of loss which occurs a To property at the described premises that is Covered Prop erty under the Deluxe Property Coverage Form of this policy and b During the Policy Period. The most we will pay under this Ex tension for the sum of Business In come loss and Extra Expense in curred arising out of all specified causes of loss that occur during each separate 12 month period of this policy beginning with the effec tive date of this policy is 25000. e. Transit Business Income 2 You may extend the insurance pro vided by this Coverage Form for a The actual loss of Business In come you sustain due to the nec essary suspension of your op erations during the period of restoration and b The actual Extra Expense you in cur during the period of restora tion to apply to the actual amount of such loss of Business Income and Extra Expense that you incur caused by di rect physical loss or damage by a Covered Cause of Loss to property while in the due course of transit at your risk within the Coverage Terri tory. This Extension does not apply to loss caused by or resulting from loss of or damage to a Shipments by a government postal service except by regis tered mail b Export and import shipments while covered under an ocean marine cargo or other insurance policy c Property while waterborne except while in transit by inland water carriers or by coastwise vessels operating within territorial wa ters 3 4 d Property of others for which you are responsible while acting as a common or contract carrier car loader freight forwarder freight consolidator freight broker ship ping association or similar ar ranger of transportation or as a public warehouseman Property within a conveyance or container caused by theft while the conveyance or container is unattended unless the portion of the conveyance or container con taining the property is fully en closed and securely locked and the theft is by forcible entry of which there is visible evidence or f The transporting conveyance. With respect only to the insurance provided under this Extension the phrase at the described premises as used in the definition of period of restoration is deleted and replaced by the phrase in the due course of transit. The most we will pay under this Ex tension for the sum of Business In come loss and Extra Expense in curred in any one occurrence is 25000. e Undescribed Premises 1 You may extend the insurance pro 2 vided by this Coverage Form for a The actual loss of Business In come you sustain due to the nec essary suspension of your op erations during the period of restoration and The actual Extra Expense you in cur during the period of restora tion to apply to the actual amount of such loss of Business Income and Extra Expense that you incur caused by di rect physical loss or damage by a Covered Cause of Loss to property at Undescribed Premises as defined in 2 below. Undescribed Premises as used in this Extension means premises a Owned leased or operated by you or b s I 1l IV Page 7 of 13 DXT1011112 025596 2011 The Travelers Indemnity Company. Al rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
b Not owned leased or operated by you where your business per sonal property or business per sonal property of others in your care custody or control is located that are within the Coverage Territory and not described in the Declarations nor reported to or accepted by us for coverage under this Coverage Form This Extension does not apply to loss caused by or resulting from loss or damage to property a At the premises of a dependent property b At any location to which the Newly Acquired Locations Cov erage Extension applies or c In the due course of transit. 3 4 The most we will pay under this Ex tension for the sum of Business In come loss and Extra Expense in curred in any one occurrence is 25000. With respect only to the insurance provided under this Extension the phrase at the described premises as used in the definition of period of restoration is replaced by the phrase at Undescribed Premises. B. EXCLUSIONS AND LIMITATION The following exclusions and limitation apply in addition to the exclusions and limitations con tained in the Deluxe Property Coverage Form. 1. Exclusions We will not pay for a. Any loss caused by or resulting from 1 Damage or destruction of finished stock or 2 The time required to reproduce fin ished stock This exclusion does not apply to Extra Expense or to the insurance provided un der the Contract Penalty Additional Cov erage. b. Any loss caused by or resulting from di rect physical loss of or damage to the fol lowing property s 1 Harvested grain hay straw or other crops while outside of buildings 2 Outdoor trees shrubs plants lawns including fairways greens and tees artificial turf and associated under layment growing crops land or wa ter 3 Communication radio or television antennas including satellite dishes and their lead in wiring masts or towers 4 Animals unless the loss is caused by or results from a specified cause of loss and then only if as a direct re sult of the specified cause of loss the animals are killed or their death or destruction is made necessary or 5 Human body parts and fluids includ ing organs tissues blood and cells. Any increase of loss caused by or result ing from 1 Delay in rebuilding repairing or re placing the property or resuming op erations due to interference at the location of the rebuilding repair or replacement by strikers or other per sons or 2 Suspension lapse or cancellation of any license lease or contract. But if the suspension lapse or cancellation is directly caused by the suspension of operations we will cover such loss that affects your Business In come during the period of restora tion and any extension of the period of restoration in accordance with the terms of the Extended Business In come Additional Coverage or any variation thereof. d. Any Extra Expense caused by or resulting from suspension lapse or cancellation of any license lease or contract beyond the period of restoration e. Any other consequential loss including fines and penalties except as specifically provided under the Contract Penalties Additional Coverage. 2. Limitation Electronic Media and Records a. We will not pay for any loss of Business Income caused by direct physical loss of or damage to electronic media and re cords after the longer of 1 60 consecutive days from the date of direct physical loss or damage or wpany. All rights reserved. DX T1011112 jices Office Inc. with its permission. Page 8 of 13 2011 The Travelers Indemnity Company. Al rights reserved Includes copyrighted material of Insurance Services Office Inc. with ts permission | 2 |
a. Alterations and New Buildings b. Civil Authority c. Extended Business Income d Fungus Wet Rot or Dry Rot Amended Period of Restoration e. Green Building Alternatives Increased Period of Restoration and 2. The Ingress or Egress Coverage Extension are included in and do not increase the applicable Limits of Insurance. The remaining Additional Coverages in Section A.4. and the remaining Coverage Extensions in Section A.5. are additional insurance.. DEDUCTIBLE 1. An hour deductible applies to your Business Income coverage. We will not pay for loss of Business Income in any one occurrence that is incurred during the period of time that a. Begins at the time of direct physical loss or damage that triggers the Business In come coverage and b. Continues for the consecutive number of hours shown in the Declarations as the applicable Business Income hour de ductible. 2. The Business Income hour deductible de scribed in 1. above does not a. Apply to or alter the coverage period that applies to the Business Income coverage provided under the Civil Authority Addi tional Coverage or b. Apply to the Contract Penalties Additional Coverage. 3. If a separate dollar deductible applies to other loss or damage in that same occurrence un der this Coverage Part such dollar deductible will apply to that other loss or damage and only the hourly deductible will apply to your loss of Business Income. 4. No deductible applies to Extra Expense. LOSS CONDITIONS The following conditions apply in addition to the Common Policy Conditions Deluxe the Loss Condition Duties in the Event of Loss in the De luxe Property Coverage Form and the Additional Conditions in the Deluxe Property Coverage Form 2 The period beginning with the date of direct physical loss or damage nec essary to repair rebuild or replace with reasonable speed and similar quality other property at the de scribed premises or other location of the loss to which this insurance ap plies which suffered loss or damage in the same occurrence This Limitation does not apply to Extra Expense. b. Electronic Media and Records are 1 Electronic data processing recording or storage media such as hard or floppy disks CDs DVDs flash mem ory tapes drives cells data proc essing devices or any other reposito ries of computer software which are used with electronically controlled equipment 2 Data stored on such media or 3 Programming records used for elec tronic data processing or electroni cally controlled equipment EXAMPLE NO. 1 A Covered Cause of Loss damages a com puter on June 1. it takes until September 1 to replace the computer and until October 1 to restore the computer data that was lost when the damage occurred. We will only pay for the Business Income loss sustained during the period June 1 September 1. Loss during the period September 2 October 1 is not cov ered. EXAMPLE NO. 2 A Covered Cause of Loss results in the loss of data processing programming records on August 1. The records are replaced on Octo ber 15. We will only pay for the Business In come loss sustained during the period August 1 September 29 60 consecutive days. Loss during the period September 30 Octo ber 15 is not covered. C. LIMITS OF INSURANCE The most we will pay for loss or damage in any one occurrence is the applicable Limit of Insur ance shown in the Declarations Schedules Cov erage Forms or Endorsements Payments under 1. The following Additional Coverages Page 9 of 13 DX T1011112 025507 2011 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Appraisal If we and you disagree on the amount of Net Income and operating expense 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 can not agree either may request that selection be made by a judge of a court hav ing jurisdiction. The appraisers will state separately the amount of Net Income and op erating expense or 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 a. Pay its chosen appraiser and b. 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 Duties in the Event of Loss Additional Duty The following duty applies in addition to the duties specified in the Loss Condition Du ties in the Event of Loss in the Deluxe Prop erty Coverage Form If you intend to continue your business you must resume all or part of your operations as quickly as possible. Loss Determination a. The amount of Business Income loss will be determined based on 1 The Net Income of the business be fore the direct physical loss or dam age occurred The likely Net Income of the business if no physical loss or damage oc curred but not including any Net In come that would likely have been earned as a result of an increase in the volume of business as a result of favorable business conditions caused by the impact of the Covered Cause of Loss on customers or on other businesses The operating expenses including payroll expenses necessary to re sume operations with the same quality of service that existed just be 2 3 fore the direct physical loss or dam age and 4 Other relevant sources of information including a Your financial records and ac counting procedures b Bills invoices and other vouch ers and c Deeds liens or contracts. b. The amount of Extra Expense will be de termined based on 1 All reasonable and necessary ex penses that exceed the normal oper ating expenses that would have been incurred by operations during the period or restoration if no direct physical loss or damage had oc curred. We will deduct from the total of such expenses a The salvage value that remains of any property bought for tempo rary use during the period of res toration once operations are resumed and Any Extra Expense that is paid for by other insurance except for insurance that is written subject to the same plan terms condi tions and provisions as this in surance and All reasonable and necessary ex penses that reduce the Extra Ex pense loss that otherwise would have been incurred. c. Resumption of Operations We will reduce the amount of your 1 Business Income loss other than Ex tra Expense to the extent you can resume your operations in whole or in part by using damaged or undam aged property including merchandise or stock at the described premises or elsewhere and with respect to the Business Income From Dependent Property Additional Coverage by us ing any other available source of ma terials or outlet for your products Extra Expense loss to the extent you can return operations to normal and discontinue such Extra Expense. b 2 2 Page 10 of 13 DX T1011112 2011 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Days 1 30 40000 Days 31 60 20000 Days 61 90 30000 90000 We will pay Days 1 30 30000 Days 31 60 20000 Days 61 90 30000 80000 The remaining 10000 is not cov ered. 3. Ordinary Payroll Exclusion or Limitation a. When the Declarations shows 1 Ordinary Payroll is excluded the Business Income coverage provided for continuing normal operating ex penses incurred does not include Or dinary Payroll Ordinary payroll is limited to a speci fied number of days the Business In come coverage provided for continu ing normal operating expenses in curred only includes Ordinary Payroll for the specified number of days. The number of days may be used in two separate periods during the period of restoration. b. Ordinary payroll expenses mean payroll expenses for all your employees except 1 Officers 2 Executives 3 Department managers 4 Employees under contract and 5 Additional Exemptions shown by en dorsement as a Job Classifications or b Employees. c. Ordinary payroll expenses include 1 Payroll 2 Employee benefits if directly related to payroll 3 FICA payments you pay 4 Union dues you pay and 5 Worker s compensation premiums. 2 d. If you do not resume operations or do not resume operations as quickly as possible we will pay based on the length of time it would have taken to resume operations as quickly as possible. 4. Loss Payment We will pay for covered loss within 30 days after we receive the sworn proof of loss if a. You have complied with all of the terms of this Coverage Part and b. 1 We have reached agreement with you on the amount of loss or 2 An appraisal award has been made. OPTIONAL COVERAGES If shown as applicable in the Declarations the fol lowing Optional Coverages apply separately to each item. 1. Maximum Period of Indemnity The most we will pay for the total loss of Business Income including the Extended Business Income Additional Coverage and Extra Expense is the lesser of a. The amount of loss sustained and ex penses incurred during the 120 days im mediately following the beginning of the period of restoration or b. The Limit of Insurance shown in the Dec larations. Monthly Limit of Indemnity The most we will pay for loss of Business In come including the Extended Business In come Additional Coverage in each period of 30 consecutive days after the beginning of the period of restoration is a. The Limit of Insurance multiplied by b. The fraction shown in the Declarations for this Optional Coverage. EXAMPLE When The Limit of Insurance is 120000 The fraction shown in the Declara tions for this Optional Coverage is 14 The most we will pay for loss in each period of 30 consecutive days is 120000 x 14 30000 If in this example the actual amount of loss is 7 6L N0 I Page 11 of 13 DX T1011112 025508 2011 The Travelers Indemnity Company. All ights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
G. DEFINITIONS Dependent Property means property oper ated by others you directly depend on to 1. a. d. Deliver materials or services to you or to others for your account Contributing Lo cations. But any property which delivers the following services is not a Contribut ing Location with respect to such ser vices 1 Water supply services 2 Power supply services or 3 Communication services including services relating to internet access or access to any electronic cellular or satellite network. Accept your products or services Recipi ent Locations Manufacture products for delivery to your customers under contract of sale Manu facturing Locations or Attract customers to your business Leader Locations. Finished Stock means stock you have manufactured. Finished Stock also includes whiskey and alcoholic products being aged. Finished Stock does not include stock you have manufactured that is held for sale on the premises of any retail outlet insured under this Coverage Part Operations means a. Your business activities occurring at the described premises even if such activities would not have produced income during the period of restoration such as re search and development activities and The tenantability of the described prem ises if coverage for Business Income in cluding Rental Value or Rental Value only applies. Period of Restoration Period of Restoration means the period of time that 1 a For Business Income coverage begins once the number of hours of the applicable Business In come hour deductible if any ex pires following the time of direct physical loss or damage and b For Extra Expense coverage be gins immediately after the time of direct physical loss or damage caused by or resulting from a Cov ered Cause of Loss at the described premises and 2 Ends on the earlier of a The date when the property at the described premises should be repaired rebuilt or replaced with reasonable speed and similar quality or b The date when business is re sumed at a new permanent loca tion b. Period of restoration does not include any increased period required due to the enforcement of any ordinance or law that 1 Regulates the construction use or repair or requires the tearing down of any property except as provided in the Ordinance or Law Increased Pe riod of Restoration Additional Cover age or Requires any insured or others to test for monitor clean up remove con tain treat detoxify or neutralize or in any way respond to or assess the ef fects of fungus wet rot or dry rot except as provided in the Fungus Wet Rot or Dry Rot Amended Pe riod of Restoration Additional Cover age or Requires any insured or others to test for monitor clean up remove con tain treat detoxify or neutralize or in any way respond to or assess the ef fects of pollutants except as pro vided in the Pollutant Clean Up and Removal Coverage Extension. c. Period of restoration does not include any increased period required to attain a pre loss level of green building certifica tion from a Green Authority. But this does not apply to any increase in the pe riod of restoration otherwise insured un der the Green Buildings Alternatives In creased Period of Restoration Additional Coverage. 2 3 The expiration date of this policy will not cut short the period of restoration. Page 12 of 13 DX T1011112 2011 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
5. Rental Value means Business Income that consists of a. Net income Net Profit or Loss before in come taxes that would have been earned or incurred as rental income from tenant occupancy of the premises de scribed in the Declarations as furnished and equipped by you including fair rental value of any portion of such described premises which is occupied by you and Continuing normal operating expenses incurred in connection with such prem ises including 1 Payroll and 2 The amount of charges which are the legal obligation of the tenants but would otherwise be your obligations. 6. Suspension means b. The partial or complete cessation of your business activities or That a part or all of the described prem ises is rendered untenantable if coverage for Business Income including Rental Value or Rental Value only applies. h OO 000 TR O Page 13 of 13 DX T1011112 025509 2011 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DELUXE PROPERTY COVERAGE PART AMENDATORY ENDORSEMENT WINDSTORM OR HAIL DEDUCTIBLES This endorsement modifies insurance provided under the following DELUXE PROPERTY COVERAGE PART The Windstorm or Hail Deductible as shown in the Declarations and set forth in this endorsement ap plies to covered loss or damage caused directly or indirectly by Windstorm or Hail. This Deductible ap plies to each occurrence of Windstorm or Hail Nothing in this endorsement implies or affords cover age for any loss or damage that is excluded under the terms of the Water Exclusion C.1.1. in the Deluxe Property Coverage Form or any other exclusion in this policy. If this policy is endorsed to cover Flood under the Causes of Loss Broad Form Flood Endorsement or if you have a Flood Insurance Policy a separate Flood Deductible applies to loss or damage attribut able to Flood in accordance with the terms of that endorsement or policy. A. Percentage Deductible When a percentage is shown as the applica ble Deductible in the Declarations the following applies 1. This Deductible is calculated separately for and applies separately to each of the follow ing items of insurance a. Each building if two or more buildings sustain loss or damage b. The building and to personal property in that building if both sustain loss or dam age c. Personal property at each building if per sonal property at two or more buildings sustain loss or damage d. Personal property in the open e. Any other property insured under this Coverage Part. 2. In determining the amount if any that we will pay for loss or damage we will deduct an amount equal to 1 2 3 4 5 or 10 as shown in the Declarations of a. The Limit of Insurance applicable to each item of insurance that has sustained loss or damage when specific insurance ap plies to that item of insurance meaning a DX T337 1112 separate Limit of Ir to that item of ins each building or pe building or b. The value of each i has sustained los blanket insurance a insurance meaning surance applies to insurance for exar personal property ir buildings. The vall those shown in the ment of Values on f no value on file with surance we will use of insurance at the t For newly constructed o which the Newly Con Property Coverage Ext Property Coverage Forr duct an amount equal tc value of each item of in loss. The applicable pel the highest percentage premises location for wh ductible is shown in the When the percentage the Declarations is subje a. A minimum dollar a currence or b. A minimum dollar a currence at each pre the percentage Deductil as described in A.1. anc minimum amount we w occurrence or in any on premises location as in rations is the minimum in the Declarations. 2011 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted materiat of insurance Services Office Inc. with its permission separate Limit of Insurance applies only to that item of insurance for example each building or personal property in a building or b. The value of each item of insurance that has sustained loss or damage when blanket insurance applies to that item of insurance meaning a single Limit of In surance applies to two or more items of insurance for example a building and personal property in that building or two buildings. The values to be used are those shown in the most recent State ment of Values on file with us. If there is no value on file with us for the item of in surance we will use the value of that item of insurance at the time of loss. For newly constructed or acquired property to which the Newly Constructed or Acquired Property Coverage Extension in the Deluxe Property Coverage Form applies we will de duct an amount equal to a percentage of the value of each item of insurance at the time of loss. The applicable percentage used will be the highest percentage that applies at any premises location for which a percentage De ductible is shown in the Declarations. When the percentage Deductible shown in the Declarations is subject to a. A minimum dollar amount in any one oc currence or b. A minimum dollar amount in any one oc currence at each premises location the percentage Deductible will be calculated as described in A.1. and A.2. above but the minimum amount we will deduct in any one occurrence Or in any one accurrence at each premises location as indicated in the Decla rations is the minimum dollar amount shown in the Declarations. Page 1 of 2 | 2 |
4. We will not pay for loss or damage in any one occurrence until the amount of loss or dam age exceeds the applicable Deductible. We will then pay the amount of loss or damage in excess of that Deductible up to the applica ble Limits of Insurance after any reduction required by any applicable coinsurance condi tion or any value reporting provision relating to full reporting or failure to submit reports. B. Doliar Deductible When 1. Adollar amount in any one occurrence or 2. A dollar amount in any one occurrence at each premises location is shown as the applicable Deductible in the Dec larations we will not pay for loss or damage in any one occurrence or in any one occurrence at each premises location as indicated in the Decla rations until the total amount of loss or damage exceeds the applicable Deductible shown in the Declarations. We will then pay the amount of loss or damage in excess of that Deductible up to the applicable Limits of Insurance after any reduction required by any applicable coinsurance condition or any value reporting provision relating to full re porting or failure to submit reports. When no per centage deductible is shown in the Declarations for Windstorm or Hail the Deductible applicable to newly constructed or acquired property to which the Newly Constructed or Acquired Prop erty Coverage Extension in the Deluxe Property Coverage Form applies is the highest dollar De ductible that applies at any premises location for which a dollar Deductible is shown in the Declara tions.. Hour Deductible When an hour Deductible is stated in the Declara tions the following is applicable to your Business Income Coverage We will not pay for loss of Business Income in any one occurrence that you incur during the pe riod of time that a. Begins at the time of direct physical loss or damage by Windstorm or Hail that triggers the Business Income coverage and b. Continues for the consecutive number of hours shown in the Declarations as the appli cable Business Income hour Deductibie. We will then pay the amount of loss in excess of the Deductible up to the Limit of Insurance after any reduction required by any applicable coinsur ance condition. The Deductible applicable to Business Income coverage at locations to which the Newly Ac quired Locations Coverage Extension in the Busi ness Income and Extra Expense Coverage Form or Business Income Without Extra Ex pense Coverage Form applies is the highest hour deductible that applies at any premises loca tion for which an hour Deductible is shown in the Declarations. D. No deductible applies to Extra Expense. educnble up to the applica urance after any reduction pplicable coinsurance condi reporting provision relating r failure to submit reports. n any one occurrence or in any one occurrence at cation icable Deductible in the Dec t pay for loss or damage in or in any one occurrence at on as indicated in the Decla al amount of loss or damage ble Deductible shown in the then pay the amount of loss of that Deductible up to the nsurance after any reduction icable coinsurance condition g provision relating to full re ubmit reports. When no per s shown in the Declarations il the Deductible applicable d or aoquired propeny to AR O N 2 S 3 DX T3371112 Page 2 of 2 0256800 2011 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
POLICY NUMBER P630 SH388401 PHX18 ISSUE DATE 01 19 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DELUXE PROPERTY COVERAGE PART AMENDATORY ENDORSEMENT CRIME ADDITIONAL COVERAGES This endorsement modifies insurance provided under the following DELUXE PROPERTY COVERAGE FORM A. The following Crime Additional Coverages are added to Section A.3. Additional Coverages The limits applicable to these Crime Additional Coverages are additional insurance. Under Sec tion A.2. Property and Costs Not Covered provision a. does not apply to these Crime Addi tional Coverages 1. Employee Theft a. We will pay for loss of or damage to money securities and other personal property not otherwise excluded that you own lease or hold for others resulting di rectly from theft committed by an em ployee to your deprivation whether the employee is identified or not and whether the employee is acting alone or in collusion with other persons. b. Under this Crime Additional Coverage all loss caused by or involving one or more employees whether the resuit of a sin gle act or series of acts will be consid ered one occurrence c. This Crime Additional Coverage applies only if you provide us with a detailed sworn proof of loss within 120 days after you discover a loss or situation that may result in loss to which this Crime Addi tional Coverage applies. d. The most we will pay for loss in any one occurrence under this Crime Additional Coverage is the Limit of Insurance shown in the Schedule of this endorsement for Employee Theft 2. Forgery or Alteration 3. a. We will pay for loss resulting directly from forgery or alteration of on or in any checks drafts promissory notes or simi lar written promises orders or directions to pay a sum certain in money that are 1 Made or drawn by or drawn upon you Tt rime Additional Coverages are n A.3. Additional Coverages. cable to these Crime Additional additional insurance. Under Sec erty and Costs Not Covered s not apply to these Crime Addi heft pay for loss of or damage to securities and other personal not otherwise excluded that you se or hold for others resuiting di om theft committed by an em to your deprivation whether the e is identified or not and the employee is acting alone or on with other persons. is Crime Additional Coverage all sed by or involving one or more es whether the result of a sin r series of acts will be consid occurrence me Additional Coverage applies ou provide us with a detailed oof of loss within 120 days after over a loss or situation that may loss to which this Crime Addi verage applies t we will pay for loss in any one ce under this Crime Additional e is the Limit of Insurance shown chedule of this endorsement for e Theft Iteration ay for loss resulting directly from or alteration of on or in any irafts promissory notes or simi n promises orders or directions sum certain in money that are or drawn by or drawn upon 2011 The Travelers Indemnity Company Al rights reserved a. 2 Made or drawn by one acting as your agent or that are purported to have been so made or drawn. Under this Crime Additional Coverage all loss caused by any person or in which that person is involved whether the loss involves one or more instruments will be considered one occurrence. This Crime Additional Coverage applies only if you provide us with a detailed sworn proof of loss within 120 days after you discover a loss or situation that may result in loss to which this Crime Addi tional Coverage applies. The most we will pay for loss in any one occurrence under this Crime Additional Coverage is the Limit of Insurance shown in the Schedule of this endorsement for Forgery or Alteration. If you are sued for refusing to pay any in strument covered in paragraph 2.a. above on the basis that it has been forged or altered and you have our writ ten consent to defend against the suit we will pay for any reasonable legal ex penses that you incur and pay in that de fense. The amount we will pay for such legal expenses is in addition to the Limit of Insurance applicable to this Crime Ad ditional Coverage. The Deductible appli cable to this Crime Additional Coverage does not apply to these legal expenses 3. Theft Disappearance and Destruction We will pay for loss of money and se curities that you own or hold for others 1 At the described premises or the premises of a bank or savings institu tion or 2 a At any other location or b In transit Page 1 of 8 Includes copyrighted material of Insurance Services Office Inc. with its permission DX T4151112 Page 1 of 8 | 2 |
1 Money orders including counterfeit money orders of any post office ex press company or bank that are not paid upon presentation and 2 Counterfeit paper currency that is ac quired during the regular course of business. b. Under this Crime Additional Coverage all loss caused by an act or series of related acts involving one or more persons or by an act or event or series of related acts or events not involving any person will be considered a single occurrence. c. This Crime Additional Coverage applies only if you provide us with a detailed sworn proof of loss within 120 days after you discover a loss or situation that may result in loss to which this Crime Addi tional Coverage applies. d. The most we will pay for loss in any one occurrence under this Crime Additional Coverage is the applicable Limit of Insur ance shown in the Schedule of this en dorsement for Money Orders and Coun terfeit Paper Currency. B. The following exclusions apply to the Crime Addi tional Coverages provided in Section A. of this endorsement. Except as provided in exclusion 1.a. below none of the exclusions in Section C. or limitations in Section D. of the Deluxe Property Coverage Form apply to the Crime Additional Coverages. 1. We will not pay under any of the Crime Addi tional Coverages for a. Loss caused by or resulting from any of the following to the extent these causes of loss are otherwise excluded under the Exclusions in Section C. of the Deluxe Property Coverage Form 1 Certain Computer Related Losses 2 Governmentai Action 3 Nuclear Hazard and 4 War and Military Action. b. Loss caused by or resulting from any dis honest or criminal act by you or any of your partners whether acting alone or in collusion with others. c. Loss caused by or resulting from any dis honest or criminal act by any of your employees directors trustees or au thorized representatives in your care and custody in the care and custody of your partners or em ployees or in the care and custody of an armored motor vehicle com pany resulting directly from theft disappear ance or destruction. b. Under this Crime Additional Coverage all loss caused by an act or series of related acts involving one or more persons or by an act or event or series of related acts or events not involving any person will be considered a single occurrence. c. This Crime Additional Coverage applies only if you provide us with a detailed sworn proof of loss within 120 days after you discover a loss or situation that may result in loss to which this Crime Addi tional Coverage applies. d. The most we will pay in any one occur rence under this Crime Additional Cover age for loss of money and securities 1 At the described premises or the premises of a bank or savings institu tion is the Limit of Insurance shown in the Schedule of this endorsement for Theft Disappearance and Destruc tion Inside Premises At any other location or in transit is the Limit of Insurance shown in the Schedule of this endorsement for Theft Disappearance and Destruc tion Outside Premises. e. The insurance provided under this Crime Additional Coverage for money and securities in the care and custody of an armored motor vehicle company applies only to the amount of loss that you can not recover 1 Under your contract with the armored motor vehicle company and 2 From any insurance or indemnity car ried by or for the benefit of custom ers of the armored motor vehicle company 4. Money Orders and Counterfeit Paper Cur rency a. We will pay for loss resulting directly from your acceptance in good faith of the fol lowing in exchange for merchandise money or services 2 U O L 0 0 DX T4151112 Page 2 of 8 025601 2011 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
1 Whether acting alone or in collusion with others or 2 While performing services for you or otherwise except as provided under the Employee Theft Crime Additional Coverage. Indirect loss including any loss resulting from 1 Your inability to realize income that you would have realized had there been no loss of or loss from damage 1o the property Payment of damages of any type for which you are legally liable. But we will pay for compensatory damages arising directly from a loss covered under the Crime Additional Cover ages or Payment of costs fees or other ex penses you incur in establishing ei ther the existence or amount of loss under the Crime Additional Cover ages. Legal expenses except as provided un der the Forgery or Alteration Crime Addi tional Coverage. 2 3 2. We will not pay under the Employee Theft Crime Additional Coverage for a. Loss caused by any employee of yours or predecessor in interest of yours for whom similar prior insurance has been cancelled and not reinstated since the last such cancellation Loss or that part of any loss. the proof of which as to its existence or amount is de pendent upon an inventory computation or a profit and loss computation. How ever where you establish wholly apart from such computations that you have sustained a loss then you may offer your inventory records and actual physical count of inventory in support of the amount of loss claimed. Loss resulting directly or indirectly from trading whether in your name or in a genuine or fictitious account. Loss resulting from the fraudulent or dis honest signing issuing cancelling or fail ing to cancel a warehouse receipt or any papers connected with it. 3. We will not pay under the Theft Disappear ance and Destruction Crime Additional Cov erage for a. Loss caused by or resulting from account ing or mathematical errors or omissions. b. Loss caused by or resulting from the giv ing or surrendering of the property in any exchange or purchase. c. Loss of or damage to property after the property has been transferred or surren dered to a person or place outside the described premises or the premises of a banking or savings institution 1 On the basis of unauthorized instruc tions or 2 As a result of a threat to do bodily harm to any person or damage to any property. But this exclusion does not apply to loss of money or securities outside of the described premises or the premises of a banking or savings institution in your care and custody or the care and custody of your partners or employees if i You had no knowledge of any threat at the time the conveyance began or ii You had knowledge of a threat at the time the conveyance began but the loss was not related to the threat. d. Loss caused by you or anyone acting on your express or implied authority volun tarily parting with possession of or titie to the property. e. Loss of money contained in any money operated device unless the amount of money deposited in it is re corded by a continuous recording instru ment in the device C. Section F. DEDUCTIBLE is amended by the ad dition of the following We will not pay for loss in any one occurrence under the Crime Additional Coverages until the amount of loss exceeds the applicable Deductible shown in the Declarations the Schedule of this endorsement or elsewhere in this Coverage Part We will then pay the amount of loss in excess of the Deductible up to the applicable Limit of In surance DX T4151112 Page 3 of 8 2011 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
equal to that required if each Plan were separately insured. With respect to losses sustained or discovered by any such Plan para graph 1.a. of the Employee Theft Crime Additional Coverage in Section A. of this endorsement is replaced by the following We will pay for loss of or damage to money securities and other per sonal property not otherwise ex cluded that you own lease or hold for others resulting directly from fraudulent or dishonest acts commit ted by an employee whether the employee is identified or not and whether the employee is acting alone or in collusion with other per sons. If the first Named Insured is an entity other than a Plan any payment we make to that Insured for loss sus tained by any Plan will be held by that Insured for the use and benefit of the Plans sustaining the loss. If two or more Plans are insured un der this insurance any payment we make for loss a Sustained by two or more Plans or b Of commingled money and se curities or other property of two or more Plans that arises out of one occurrence is to be shared by each Plan sustaining loss in the proportion that the Limit of Insurance required for each Plan bears to the total of those limits. The Deductible applicable to the Em ployee Theft Crime Additional Cover age does not apply to loss sustained by any Plan. Extended Period to Discover Loss We will pay for loss that you sustain prior to the date this insurance terminates or is cancelled which is discovered by you no later than one year from the date of that termination or cancellation. However this extended period to discover loss termi nates immediately upon the effective date of any other insurance obtained by you replacing in whole or in part the insurance 2 3 4 5 D. In addition to the conditions that apply to the De luxe Property Coverage Form 1. The following conditions apply to the Crime Additional Coverages provided in Section A. of this endorsement a. Cancellation as to any Employee The insurance provided under the Crime Additional Coverages is cancelled as to any employee 1 Immediately upon discovery by a You or b Any of your partners members managers officers directors or trustees not in collusion with the employee of theft or any other dishonest act committed by the employee whether before or after becoming employed by you. 2 On the date specified in a notice mailed or delivered to the first Named Insured. That date will be at least 30 days after the date of mailing or de livery. We will mail or deliver our no tice to the first Named Insured at the last mailing known to us. If notice is mailed proof of mailing will be suffi cient proof of notice. b. Amended Duties in the Event of Loss or Damage Condition Under the Duties in the Event of Loss or Damage Condition in Section G.3. of the Deluxe Property Coverage Form the duty to notify the police if a law has been bro ken does not apply to the Employee Theft or the Forgery or Alteration Crime Addi tional Coverages. c. Employee Benefit Plans The following provisions apply with re spect to any employee benefit plan shown in the Schedule of this endorse ment as included as Insureds under the Employee Theft Crime Additional Cover age hereinafter referred to as Plan 1 If any Plan is insured jointly with any other entity under this insurance you or the Plan Administrator must select a Limit of Insurance for the Employee Theft Crime Additional Coverage that is sufficient to provide a Limit of In surance for each Plan that is at least 7 O 0O A 0 0 DX T4151112 Page 4 of 8 025602 2011 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
afforded hereunder whether or not such other insurance provides coverage for loss sustained prior to its effective date. Amended Legal Action Against Us Condition The Legal Action Against Us Additional Condition in Section H.4. of the Deluxe Property Coverage Form is amended as follows The time period during which a legal ac tion involving loss under the Crime Addi tional Coverages may be brought against us will not begin until the date on which the loss is discovered. In addition no one may bring a legal action against us involv ing loss under the Crime Additional Cov erages until 90 days after you have filed proof of loss with us. Loss Sustained During Prior Insurance 1 If you or any predecessor in interest sustained loss during the period of any prior crime coverage insurance that you or the predecessor in inter est could have recovered under that insurance except that the time within which to discover loss had expired we will pay for it under the applicable Crime Additional Coverage provided in Section A. of this endorsement provided a The Crime Additional Coverage became effective at the time of cancellation or termination of the prior insurance and The loss would have been cov ered under the Crime Additional Coverage had it been in effect when the acts or events causing the loss were committed or oc curred. b 2 The insurance under this condition is part of not in addition to the Limits of Insurance applying to the Crime Addi tional Coverages and is limited to the lesser of the amount recoverable un der a The applicable Crime Additional Coverage as of its effective date or b The prior crime coverage insur ance had it remained in effect. g. Amended Policy Period Coverage Ter ritory Condition The following is added to the Policy Pe riod Coverage Territory Additional Condi tion in Section H.9. of the Deluxe Prop erty Coverage Form Subject to the above Loss Sustained Dur ing Prior Insurance Condition we will pay for loss under the Crime Additional Cov erages that you sustain through acts committed or events occurring 1 During the policy period and discov ered by you a During the policy period or b During the period of time pro vided in the Extended Period To Discover Loss Condition above and 2 Within the Coverage Territory. How ever a Under the Employee Theft Crime Additional Coverage we will pay for loss caused by any em ployee while temporarily outside of the Coverage Territory for a period of not more than 90 days Under the Forgery or Alteration Crime Additional Coverage the Coverage Territory is extended to include anywhere in the world. h. Loss Covered Under a Crime Addi tional Coverage and Prior Crime Insur ance Issued by the Company or any Affiliate If any loss is covered 1 Partly by a Crime Additional Cover age provided in Section A. of this en dorsement and 2 Partly by any prior cancelled or ter minated crime insurance that we or any affiliate had issued to you or any predecessor in interest the most we will pay is the larger of the amount recoverable under the Crime Ad ditional Coverage or the prior insurance. i. Non Cumulation of Limit of Insurance b Regardless of the number of years the Crime Additional Coverages remain in force or the number of premiums paid no DX T4 151112 Page 5 of 8 2011 The Travelers Indemnity Company. Al rights reserved Includes copyrighted materiai of insurance Services Office. Inc. with its permission | 2 |
Limit of Insurance cumulates from year to year or period to period Amended Other Insurance Condition With respect only to the Crime Additional Coverages the Other Insurance Addi tional Condition in Section H.8. of the De luxe Property Coverage Form is replaced by the following The Crime Additional Coverages do not apply to loss recoverable or recovered under other insurance or indemnity. How ever if the limit of the other insurance or indemnity is insufficient to cover the entire amount of the loss this insurance pro vided under the applicable Crime Addi tional Coverage will apply to that part of the loss other than that falling within any deductible amount not recoverable or re covered under the other insurance or in demnity. However this insurance will not apply to the amount of loss that is more than the Limit of Insurance that applies to that Crime Additional Coverage. Amended Transfer of Rights of Recov ery Against Others To Us Condition The Transfer of Rights of Recovery Against Others to Us Additional Condition in Section H.10. of the Deluxe Property Coverage Form applies to the Crime Ad ditional Coverages except you may not at any time waive your rights to recover damages from another party for any loss you sustained and for which we have paid or settled under the Crime Additional Coverages. Amended Valuation Condition The following is added to the Valuation Loss Condition in Section G.6. of the De luxe Property Coverage Form In the event of loss we will determine the value of 1 Money at its face value. We may at our option pay for loss of money is sued by any country other than the United States of America a At face value in the money is sued by that country or b In the United States of America dollar equivalent determined by the rate of exchange on the day the loss was discovered. 2 Securities at their value at the close of business on the day the loss was discovered. We may at our option a Pay the value of such securities or replace them in kind in which event you must assign to us all of your rights title and interest in and to those securities or Pay the cost of any Lost Securi ties Bond required in connection with issuing duplicates of the se curities. However we will be li able only for the payment of so much of the cost of the bond as would be charged for a bond hav ing a penalty not exceeding the lesser of the b i Value of the securities at the close of business on the day the loss was discovered or ii Limit of Insurance. m. Sole Benefit The insurance provided under the Crime Additional Coverages is for your sole benefit only. It provides no rights or bene fits to any other person or organization. Any claim for loss that is covered under this insurance must be presented by you 2. The following additional conditions apply to the Forgery or Alteration Crime Additional Coverage a. Electronic and Mechanical Signatures We will treat signatures that are produced or reproduced electronically mechani cally or by other means the same as handwritten signatures. b. Proof of Loss You must include with your proof of loss any instrument involved in that loss or if that is not possible an affidavit setting forth the amount and cause of loss. E. The following additional definitions apply to the Crime Additional Coverages provided under this endorsement 1. Employee means a. Employee means 1 Any natural person MU O A Il 5 6 T DX T4 151112 Page 6 of 8 025603 2011 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of insurance Services Office Inc. with its permission | 2 |
a While in your service and for 30 days after termination of service and b Who you compensate directly by salary wages or commissions and c Who you have the right to direct and control while performing ser vices for you Any natural person who is furnished temporarily to you a To substitute for a permanent employee as defined in para graph 1 above who is on leave or b To meet seasonal or short term work load conditions while that person is subject to your di rection and control and performing services for you excluding however any such person while having care and custody of property outside the described premises. Any natural person who is leased to you under a written agreement be tween you and a labor leasing firm to perform duties related to the conduct of your business but does not mean a temporary employee as defined in paragraph 2 above Any natural person who is a A trustee officer employee ad ministrator or manager except an administrator or manager who is an independent contractor of any employee benefit plan insured under this insurance or Your director or trustee while that person is handling funds or other property of any employee benefit plan insured under this insur ance Any natural person who is a former employee director partner mem 2 3 4 b 5 ber manager representative or trus tee retained as a consultant while performing services for you or 6 Any natural person who is a guest student or intern pursuing studies or duties excluding however any such person while having care and custody of property outside the premises. b. But employee does not mean any 1 Agent broker factor commission merchant consignee independent contractor or representative of the same general character or 2 Manager director or trustee except while performing acts coming within the scope of the usual duties of an employee Employee benefit plan means any welfare or pension benefit plan shown in the SCHEDULE of this endorsement that is sub ject to the Employee Retirement Income Se curity Act of 1974 ERISA Forgery means the signing of the name of another person or organization with intent to deceive. It does not mean a signature which consists in whole or in part of one s own name signed with or without authority in any capacity for any purpose Money means a. Currency coins and bank notes in current use and b. Travelers checks register checks and money orders held for sale to the public. Securities means negotiable and non negotiable instruments or contracts repre senting either Money or other property and includes tokens tickets revenue and other stamps whether represented by actual stamps or unused value in a meter in current use and evidences of debt issued in connec tion with credit or charge cards which are not of your own issue. But Securities does not in clude Money or lottery tickets held for sale. DX T4151112 Page 7 of 8 2011 The Travelers Indemnity Company. All rights reserved Inciudes copyrighted material of Insurance Services Office. Inc. with its permission | 2 |
SCHEDULE Limit of Insurance 10000 unless a higher limit is shown 25000 unless a higher limit is shown Crime Additional Coverage Employee Theft Forgery or Alteration Theft Disappearance and Destruc tion Inside Premises Outside Premises Money Orders and Counterfeit Pa per Currency Deductible Rt Inside Premises 20000 unless a higher limit is shown Outside Premises 10000 uniess a higher limit is shown Money Orders and Counterfeit Pa per Currency 25000 unless a higher limit is shown If no deductible is shown the Deductible that otherwise applies to loss under the Deluxe Property Coverage Form shall apply. Employee Benefit Plans if any included as Insureds under the Employee Theft Crime Additional Coverage VYRR 000 0 DX T4151112 025606 Page 8 of 8 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its perrmission. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DELUXE PROPERTY COVERAGE PART AMENDATORY ENDORSEMENT BUSINESS INCOME COINSURANCE This endorsement modifies insurance provided under the following DELUXE BUSINESS INCOME AND EXTRA EXPENSE COVERAGE FORM DELUXE BUSINESS INCOME WITHOUT EXTRA EXPENSE COVERAGE FORM If a Coinsurance percentage is shown in the Declara tions for Business Income Coverage the following additional condition applies Coinsurance A. We will not pay the full amount of any Business Income loss if the Limit of Insurance for Business Income is less than 1. The Coinsurance percentage shown for Busi ness Income in the Declarations times 2. The sum of a. The Net Income Net Profit or Loss before income taxes and b. Operating expenses including payroll ex penses that would have been earned or incurred had no loss occurred by your operations at the described premises for the 12 months follow ing the inception or last previous anniversary date of this policy whichever is later Instead we will determine the most we will pay using the following steps Step 1. Multiply the Net Income and operating expenses for the 12 months following the inception or last previous anniversary date of this policy by the Coinsurance percentage Step 2. Divide the Limit of Insurance for the de scribed premises by the figure deter mined in Step 1 and Step 3. Multiply the total amount of the covered loss by the figure determined in Step 2. We will pay the amount determined in Step 3 or the Limit of Insurance whichever is less. For the remainder you will either have to rely on other in surance or absorb the loss yourself. B. In determining operating expenses for the pur pose of applying the Coinsurance condition the following expenses if applicable shall be de ducted from the total of all operating expenses DX T4611112 2011 The Travelers Indemnity Company. Al rights reserved. Collection expenses Cost of raw stock and factory supplies con sumed including transportation charges 7. Cost of merchandise sold including transpor tation charges 8. Cost of other supplies consumed inciuding transportation charges 9. Cost of services purchased from outsiders not employees to resell that do not continue under contract 10. Power heat and refrigeration expenses that do not continue under contract if form DX T3 61 is attached 11. The amount of payroll expense excluded when ordinary payroll is excluded or limited as stated in the Declarations and 12. Special deductions for mining properties roy alties unless specifically included in coverage actual depletion commonly known as unit or cost depletion not percentage depletion welfare and retirement fund charges based on tonnage hired trucks. 1. Prepaid freight outgoing 2. Returns and allowances 3. Discounts 4. Bad debts 5. 6.. This Coinsurance condition does not apply to 1. The Business Income From Dependent Prop erty Contract Penalties or Ordinance or Law Increased Period of Restoration Additional Coverages 2. Any of the Coverage Extensions 3. If applicable the Optional Coverages Maxi mum Period of Indemnity and Monthly Limit of Indemnity or 4. Unless otherwise stated any Coverage Addi tional Coverage or Coverage Extension that is added to this Coverage Form by endorse Page 1 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. 5 shown in the Declara overage the following mount of any Business Insurance for Business entage shown for Busi clarations times Net Profit or Loss before d es including payroll ex earned or incurred had your operations at the r the 12 months follow st previous anniversary ichever is later. e the most we will pay Income and operating 12 months following the previous anniversary y by the Coinsurance 1. 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
ance or provided at a limit less than and in cluded in the Business Income Limit of In surance shown in the Declarations. ment when such Coverage Additional Cover age or Coverage Extension is provided sub ject to a separate additional amount of insur 0 0 5 DX T4 611112 Page 2 of 2 025605 2011 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DELUXE PROPERTY COVERAGE PART AMENDATORY ENDORSEMENT CAUSES OF LOSS EARTHQUAKE This endorsement modifies insurance provided under the following DELUXE PROPERTY COVERAGE PART A. APPLICATION OF THIS ENDORSEMENT 1. This endorsement applies at the premises lo cations of the building numbers for which an Earthquake Limit of Insurance is shown in the Declarations. This endorsement also applies to a. The Newly Constructed or Acquired Property Coverage Extension in the De luxe Property Coverage Form b. The Newly Acquired Locations Coverage Extension in the Business Income And Extra Expense Business Income With out Extra Expense and Extra Expense Coverage Forms c. The Civil Authority Additional Coverage in the Business Income And Extra Ex pense Business Income Without Extra Expense and Extra Expense Coverage Forms but only with respect to such loss of Business Income andor Extra Ex pense incurred at the premises of the building numbers for which an Earth quake Limit of Insurance is shown in the Declarations and d. Utility Services Direct Damage or Utility Services Time Element coverage pro vided under this Coverage Part if any but only with respect to such direct dam age loss or loss of Business Income andor Extra Expense that is incurred at the premises of the building numbers for which an Earthquake Limit of Insurance is shown in the Declarations Except as provided in A.1.a. through A.1.d. above this endorsement does not apply to loss or damage caused by or resulting from Earthquake or Volcanic Eruption that occurs away from the premises locations of the building numbers for which an Earthquake Limit of Insurance is shown in the Declara tions. 3. This endorsement does not apply to or mod ify any limits or deductibles that apply to a. The insurance otherwise provided under this Coverage Part for loss or damage by fire or explosion that results from earth movement other than volcanic eruption explosion or effusion or for loss or dam age by fire building glass breakage or volcanic action that results from a vol canic eruption explosion or effusion or b. Any other insurance provided under this Coverage Part for loss or damage to which the Earth Movement exclusion does not apply. B. COVERED CAUSES OF LOSS The following are added to the Covered Causes of Loss and the specified causes of loss 1. Earthquake meaning a shaking or trembling of the earth s crust caused by underground volcanic or tectonic forces or by breaking or shifting of rock beneath the surface of the ground from natural causes. Volcanic Eruption meaning the eruption ex plosion or effusion of a volcano. All earthquake shocks or volcanic eruptions that occur within any 168 hour period will constitute a single Earthquake or Volcanic Eruption. The expi ration of this policy will not reduce the 168 hour period C. EXCLUSIONS LIMITATIONS AND RELATED PROVISIONS 1. The Earth Movement exclusion contained in Section C.1.b. of the Deluxe Property Cover age Form does not apply to the coverage provided under this endorsement. The re maining Exclusions and the Limitations that apply to this Coverage Part apply to the cov erage provided under this endorsement. For example loss caused directly or indirectly by a cause of loss excluded under provisions 1a through 1e of the Water exclusion DX T3011112 Page 1 of 4 2011 The Travelers Indemnity Company. Ali rights reserved Includes copyrighted material of insurance Services Office Inc. with its permission. | 2 |
Page 2 of 4 contained in Section C.1.l. of the Deluxe Property Coverage Form such as flood or tidal wave is excluded even if the flood or tidal wave is attributable to an Earthquake or Volcanic Eruption. 2. The following additional exclusions apply to the coverage provided under this endorse ment a. We will not pay for loss or damage caused by or resulting from any earth quake or volcanic eruption that begins be fore the inception of this insurance. b. We will not pay for the cost of restoring or stabilizing land or for loss resulting from the time required to restore or stabilize land. 3. The following additional Limitation applies to the coverage provided by this endorsement We will not pay for loss of or damage to exte rior masonry veneer except stucco on wood frame walls caused by or resuiting from Earthquake or Volcanic Eruption. The value of such veneer will not be included in the value of Covered Property or the amount of loss when applying the Deductible applicable to this endorsement. This limitation does not apply a. If less than 10 of the total outside wall area is faced with masonry veneer ex cluding stucco or b. Atany premises locations of the building numbers to which the Cause of Loss Earthquake Masonry Veneer Coverage endorsement applies as indicated in the Schedule of that endorsement when it is attached to this policy. D. UNDERGROUND WIRES PIPES FLUES AND DRAINS EXTENSION Under the Deluxe Property Coverage Form when Building coverage applies at premises locations to which this endorsement applies the insurance provided by this endorsement is extended to also apply to direct physical loss or damage by Earth quake or Volcanic Eruption to underground wires pipes flues and drains at such premises loca tions. The exclusion of underground wires pipes flues and drains under Section A.2. Property and Costs Not Covered of the Deluxe Property Cov erage Form does not apply to this Extension This Extension does not increase the Earthquake Limit of Insurance that applies at such premises locations. E. LIMITS OF INSURANCE 1. 2011 The Travelers Indemnity Company. All rights reserved The most we will pay under this endorsement for the total of all loss or damage caused by or resulting from all earthquakes and volcanic eruptions in a 12 month period of this policy beginning with the effective date of this pol icy is the single highest Annual Aggregate Limit of Insurance shown in the Declarations for Earthquake. Subject to the single highest Annual Aggre gate Limit of Insurance shown in the Declara tions for Earthquake a. Any individual Annual Aggregate Limit of Insurance shown in the Declarations for Earthquake is the most we will pay under this endorsement for the total of all loss or damage caused by or resulting from all earthquakes and volcanic eruptions in a 12 month period of this policy beginning with the effective date of this policy to which such individual Annual Aggregate Limit of Insurance shown in the Declara tions for Earthquake applies. b. If more than one Annual Aggregate Limit of Insurance applies to loss or damage under this endorsement in any one occur rence each limit will be applied sepa rately but the most we will pay under this endorsement for all loss or damage in that occurrence is the single highest in volved Annual Aggregate Limit of Insur ance applicable to that occurrence. c. The most we will pay under this en dorsement for the total of 1 All loss or damage under the Newly Constructed or Acquired Property Coverage Extension in the Deluxe Property Coverage Form and All loss under the Newly Acquired Locations Coverage Extension in the Business Income And Extra Ex pense Business Income Without Extra Expense and Extra Expense Coverage Forms caused by or resulting from all earth quakes and volcanic eruptions in a 12 month period of this policy beginning with the effective date of this policy is 100000. The Annual Aggregate Limits of Insurance applicable to loss or damage under this en dorsement is included in and does not in crease the Limits of Insurance provided under 2 DX T3 011112 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 4 025608 | 2 |
2 The building and to personal property in that building if both sustain loss or damage 3 Personal property at each building if personal property at two or more buildings sustains loss or damage 4 Personal property in the open and 5 Any other property insured under this Coverage Part. In determining the amount if any that we will pay for loss or damage we will de duct an amount equal to 1 2 5 or 10 as shown in the Declarations of 1 The Limit of Insurance applicable to each item of insurance that has sus tained loss or damage when specific insurance applies to that item of in surance meaning a separate Limit of Insurance applies only to that item of insurance for example each building or personal property in a building or The value of each item of insurance that has sustained loss or damage when blanket insurance applies to that item of insurance meaning a single Limit of Insurance applies to two or more items of insurance for example a building and personal property in that building or two build ings. The value to be used is the value shown in the most recent Statement of Values on file with us. If there is no value on file with us for the item of insurance property we will use the values of the property at the time of loss. 2 For newly constructed or acquired prop erty to which the Newly Constructed or Acquired Property Coverage Extension in the Deluxe Property Coverage Form ap plies we will deduct an amount equal to a percentage of the value of each item of insurance at the time of loss. The appli cable percentage used will be the highest percentage that applies at the premises location of any building number for which a percentage Deductible is shown in the Declarations. When the percentage Deductible shown in the Declarations is subject to 1 A minimum dollar amount in any one occurrence or this Coverage Part. For example subject to the applicable Earthquake Annual Aggregate Limits of Insurance our payment for loss under any Utility Services Direct Damage or Utility Services Time Element coverage that is attributable to an Earthquake or Volcanic Eruption to which this endorsement applies will not exceed the Limit of Insurance that ap plies to that Utility Services Direct Damage or Utility Services Time Element coverage. The Annual Aggregate Limits of Insurance applicable to loss or damage under this en dorsement applies regardless of the items or types of property number or types of cover ages including business income and extra expense coverages or number of premises locations involved. Amounts payable under this endorsement for any item or type of property or under any coverage Additional Coverage or Coverage Extension are subject to the Annual Aggregate Limits of Insurance applicable to loss or damage under this en dorsement and will not a. Exceed the applicable property and cov erage Limits of Insurance provided under this Coverage Part nor b. Increase the applicable Annual Aggregate Limits of Insurance under this endorse ment This includes payments under any Debris Removal or Ordinance or Law coverage for loss that is attributable to earthquake or vol canic eruption at premises locations to which this endorsement applies and covered as a result of the insurance provided under this endorsement F. DEDUCTIBLES The following Deductible provisions apply to the insurance provided by this endorsement. The De ductibles applicable to loss or damage under this endorsement apply separately to each occur rence and apply in addition to any other Deducti bles in this Coverage Part that apply to loss or damage in the same occurrence 1. Percent Deductible If a percentage is shown in the Declara tions as applicable the following applies a. This Deductible is calculated separately for and applies separately to each of the following items of insurance 1 Each building if two or more build ings sustain foss or damage Page 3 of 4 DX T3 011112 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
2 A minimum dollar amount in any one occurrence at each premises loca tion the percentage Deductible will be calcu lated as described in 1.a. and 1.b. above but the minimum amount we will deduct in any one occurrence or in any one occur rence at each premises location as indi cated in the Declarations is the mini mum dollar amount shown in the Declara tions. d. We will not pay for loss or damage in any one occurrence under this endorsement until the amount of loss or damage ex ceeds the applicable Deductible. We will then pay the amount of loss or damage in excess of the Deductible up to the appli cable Limits of Insurance. 2. Dollar Deductible When a. A dollar amount in any one occurrence or b. A dollar amount in any one occurrence at each premises location is shown as the applicable Deductible in the Declarations we will not pay for loss or dam age in any one occurrence or in any one oc currence at each premises location as indi cated in the Declarations until the amount of loss or damage exceeds the applicable De ductible shown in the Declarations. We will then pay the amount of loss or damage in ex cess of the Deductible up to the applicable Limits of Insurance. When no percentage Deductible applies to the insurance provided under this endorse ment the Deductible applicable to newly ac quired or constructed property to which the Newly Constructed or Acquired Property Coverage Extension in the Deluxe Property Coverage Form applies is the highest dollar Deductible shown in the Declarations for the premises location of any building number to which this endorsement applies. 3. Hour Deductible When an hour Deductible is stated in the Declarations the following is applicable to your Business Income Coverage to which this endorsement applies We will not pay for loss of Business Income in any one occurrence that you incur during the period of time that a. Begins at the time of direct physical loss or damage by Earthquake or Volcanic Eruption that triggers the Business In come coverage and b. Continues for the consecutive number of hours shown in the Declarations as the applicable Business Income hour De ductible. The Deductible applicable to Business In come coverage at locations to which the Newly Acquired Locations Coverage Exten sion in the Business Income and Extra Ex pense Coverage Form or Business Income Without Extra Expense Coverage Form ap plies is the highest hour Deductible shown in the Declarations for any premises location to which this endorsement applies. 4. No Deductible applies to Extra Expense. 5. When a Deductible is shown in the Declara tions for Utility Service Direct Damage cov erage or Utility Services Time Element cov erage that Deductible will apply to the insur ance provided under the Utility Service Direct Damage coverage or Utility Services Time Element coverage for loss that is attrib utable to an Earthquake or Volcanic Eruption to which this endorsement applies. Other wise the above Deductible provisions apply to loss under the Utility Service Direct Dam age coverage or Utility Services Time Ele ment coverage that is attributable to an Earthquake or Volcanic Eruption to which this endorsement applies. OGO 3 U R 7 1. 3 Page 4 of 4 025607 DX T3011112 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DELUXE PROPERTY COVERAGE PART AMENDATORY ENDORSEMENT CAUSES OF LOSS BROAD FORM FLOOD This endorsement modifies insurance provided under the following DELUXE PROPERTY COVERAGE PART A. APPLICATION OF THIS ENDORSEMENT or damage to any persc 1. When a Broad Form Flood Limit of Insurance such building or structur is shown in the Declarations for a building The following listing number this endorsement applies at the communities as classifi premises locations of such building num Flood Insurance Progra bers for which a Broad Form Flood Limit of most hazardous to least Insurance is shown. a. Flood Zone V and 2. When a Broad Form Flood Limit of Insurance V is shown in the Declarations for property at b. Flood Zone A and the described premises within a Flood Zone A or a non participating or suspended commu nity as classified under the National Flood c. Flood Zone D Insurance Program this endorsement ap d. Non Participating or plies at the premises described in the Decla nities rations for coverage under this Coverage Part e. Flood Zone B Flo with respect to covered loss resulting from and Flood Zone X5 flood lobulldmgs strucur.es or personal f. Flood Zone C and property in the open within such Flood shaded. Zones or communityies for which a Broad Form Flood Limit of Insurance is shown or to 3. This endorsement aiso 2 personal property at the described premises a. The Newly Const in or on the buildings or structures within such Property Coverage Flood Zones or communityies luxe Property Cover of the Flood Zone o If at the time of loss a building a structure or N the property is locate personal property in the open is located within more than one Flood Zone or community b. The Newly Acquired coverage under this endorsement for loss or Extension in the B damage to or loss that is a consequence of Extra Expense Bu loss or damage to that building structure or out Extra Expense personal property in the open will be subject Coverage Forms re to the insurance Annual Aggregate Limit of Zone or community Insurance and deductible if any that would acquired locations a apply under this policy if that building struc c. The Civil Authority A ture or personal property in the open was the Business Incol wholly located within the most hazardous of pense Business In the Flood Zones or communities as stated Expense and Extr below in which it is located. The most haz Forms regardless ardous Flood Zone or community that is de community in which termined to apply to a building or structure will triggers the covera also apply with respect to the coverage under with respect to such this endorsement for loss or damage to or come andor Extra loss or damage that is a consequence of loss DX T3021112 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission or damage to any personal property in or on such building or structure. The following listing of Flood Zones and communities as classified under the National Flood Insurance Program is in order of the most hazardous to least hazardous a. b. Flood Zone V and Flood Zones prefixed A Flood Zone A and Flood Zones prefixed A Flood Zone D Non Participating or Suspended commu nities Flood Zone B Flood Zone X shaded and Flood Zone X500 Flood Zone C and Flood Zone X un shaded. This endorsement also applies to The Newly Constructed or Acquired Property Coverage Extension in the De luxe Property Coverage Form regardless of the Flood Zone or community in which the property is located The Newly Acquired Locations Coverage Extension in the Business Income And Extra Expense Business Income With out Extra Expense and Extra Expense Coverage Forms regardless of the Flood Zone or community in which the newly acquired locations are located The Civil Authority Additional Coverage in the Business Income And Extra Ex pense Business Income Without Extra Expense and Extra Expense Coverage Forms regardless of the Flood Zone or community in which the flood loss that triggers the coverage occurs but only with respect to such loss of Business in come andor Extra Expense that you in Page 1 of 5 | 2 |
025808 Page 2 of 5 cur at the premises described in A.1. or A.2. above and d. Utility Services Direct Damage or Utility Services Time Element coverage pro vided under this Coverage Part if any regardless of the Flood Zone or commu nity in which the flood loss to the utility services property that triggers the cover age occurs but only with respect to such direct damage loss or loss of Business Income andor Extra Expense that is in curred at the premises described in A.1. or A.2. above. 4. Except as provided in A.3.a. through A.3.d. above this endorsement does not apply to loss or damage caused by or resulting from flood that occurs away from the premises described in A.1. and A.2. above. 5. This endorsement does not apply to or mod ify any limits or deductibles that apply to a. The insurance otherwise provided under this Coverage Part for loss or damage by 1 Fire explosion or sprinkler leakage that results from flood or 2 Water or sewage from drains within a building if the backup or overflow is not otherwise directly or indirectly caused by Water that is excluded in provisions a b d or e of the Water exclusion in Section C.1.I1. of the Deluxe Property Coverage Form or b. Any other insurance provided under this Coverage Part for loss or damage to which the Water exclusion in Section C.1.1. of the Deluxe Property Coverage Form does not apply. B. COVERED CAUSES OF LOSS Flood is added to the Covered Causes of Loss and the specified causes of loss. All flood loss that occurs 1. During a continuous or protracted event such as a period of continued rising or overflow of any rivers streams or any bodyies of wa ter and the subsidence of same within the banks of such rivers streams or bodyies of water or 2. Due to any tidal wave or series of tidal waves that occur within any 168 hour period will constitute a single flood occurrence. If flood loss commences prior to the expiration 2011 The Travelers Indemnity Company. Al rights reserved. date of this policy and the flood occurrence ex tends beyond the expiration date of this policy the expiration date of this policy will not reduce the flood occurrence period. FLOOD DEFINED The following is added to the Section J. Defini tions in the Deluxe Property Coverage Form Flood means the following all whether naturally occurring or due to man made or other artificial causes and includes waterborne material carried or otherwise moved by any of the water referred to in paragraphs 1. 3. and 4. below and material carried or otherwise moved by mudslide or mud flow 1. Flood surface water waves including tidal wave and tsunami tides tidal water over flow of any body of water or spray from any of these all whether driven by wind including storm surge or not 2. Mudslide or mudflow 3. Water or sewage that backs up overflows or is otherwise discharged from a sewer drain sump sump pump or related equipment other than the backup or overflow of water or sewage from drains within a building to which the exception in provision c of the Water ex clusion in Section C.1.l. of the Deluxe Prop erty Coverage Form applies and 4. Water under the ground surface pressing on or flowing or seeping through a. Foundations walls floors or paved sur faces b. Basements whether paved or not or c. Doors windows or other openings.. EXCLUSIONS LIMITATIONS AND RELATED PROVISIONS 1. Under the Exclusions contained in Section C.1. of the Deluxe Property Coverage Form a. Exclusion b. Earth Movement does not apply to the insurance otherwise provided under this endorsement for loss or dam age caused by or resulting from 1 Mudslide or mudflow that is caused by or precipitated by the accumula tion or runoff of water on or below the surface of the ground or 2 Flood that is attributable to an Earth Movement such as tsunami but this exception does not apply to loss or damage caused by or resulting from DX T3021112 Includes copyrighted material of Insurance Services Office Inc. with its permission. DX T3021112 | 2 |
any excluded Earth Movement that results from such Flood. b. Exclusion I. Water does not apply to the coverage provided under this endorse ment. The remaining Exclusions and the Limitations that apply to this Coverage Part apply to the coverage provided under this endorsement. The following additional exclusions apply to the coverage provided under this endorse ment a. We will not pay for loss or damage caused by or resulting from any flood occurrence that begins before the incep tion of this insurance b. We will not pay for the cost of restoring recovering or de watering land or for loss resulting from the time required to re store recover or de water land. The following LIMITATION is added as re spects coverage provided by this endorse ment EXCESS OF LOSS LIMITATION a. Unless otherwise indicated in the Decla rations or by endorsement this Excess of Loss Limitation applies to the coverage provided for direct physical loss of or damage to 1 Buildings structures and personal property in the open which are a Covered Property at the premises described in Section A.1. and A.2. of this endorsement or newly constructed or acquired property to which the Newly Con structed or Acquired Property Coverage Extension in the De luxe Property Coverage Form applies and Located in whole or in part in Flood Zone A Flood Zones pre fixed A Flood Zone V or Flood Zones prefixed V as classified under the National Flood Insur ance Program at the time of loss and b 2 Personal property which is Covered Property located in or on a building or structure described in 1 above and personal property to which the Newly Constructed or Acquired Property Coverage Extension in the Deluxe Property Coverage Form applies. b. If the property is eligible to be written un der a National Flood Insurance Program NFIP policy we will pay only for the amount of loss in excess of the maximum limit that can be insured under that NFIP policy. This provision applies whether or not the maximum NFIP limit was obtained or maintained and whether or not you can collect on the NFIP policy. c. The Deductible provisions applicable to the coverage provided under this en dorsement apply in addition to any appli cable Excess of Loss Limitation E. UNDERGROUND WIRES PIPES FLUES AND DRAINS EXTENSION Under the Deluxe Property Coverage Form when Building coverage applies at premises locations to which this endorsement applies the insurance provided by this endorsement is extended to also apply to direct physical loss or damage by flood to underground wires pipes flues and drains at such premises locations. The exclusion of under ground wires pipes flues and drains under Sec tion A.2. Property and Costs Not Covered of the Deluxe Property Coverage Form does not apply to this Extension. This Extension does not increase the Broad Form Flood Limit of Insurance that applies at such premises locations. F. LIMITS OF INSURANCE 1. The most we will pay under this endorsement for the total of all loss or damage caused by or resulting from flood in a 12 month period of this policy beginning with the effective date of this policy is the single highest An nual Aggregate Limit of Insurance shown in the Declarations for Broad Form Flood. Subject to the single highest Annual Aggre gate Limit of Insurance shown in the Declara tions for Broad Form Flood a. Any individual Annual Aggregate Limit of Insurance shown in the Declarations for Broad Form Flood is the most we will pay under this endorsement for the total of all loss or damage caused by or resulting from all flood occurrences in a 12 month period of this policy beginning with the effective date of this policy to which such individual Annual Aggregate Limit of In DX T3 021112 Page 3 of 5 2011 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
surance shown in the Declarations for Broad Form Flood applies. b. If more than one Annual Aggregate Limit of Insurance applies to loss or damage under this endorsement in any one occur rence each limit will be applied sepa rately but the most we will pay under this endorsement for all loss or damage in that occurrence is the single highest in volved Annual Aggregate Limit of Insur ance applicable to that occurrence. c. The most we will pay under this en dorsement for the total of 1 All loss or damage under the Newly Constructed or Acquired Property Coverage Extension in the Deluxe Property Coverage Form and All loss under the Newly Acquired Locations Coverage Extension in the Business Income And Extra Ex pense Business Income Without Extra Expense and Extra Expense Coverage Forms caused by or resulting from all flood oc currences in a 12 month period of this policy beginning with the effective date of this policy is 100000. The Annual Aggregate Limits of Insurance applicable to loss or damage under this en dorsement is included in and does not in crease the Limits of Insurance provided under this Coverage Part. For example subject to the applicable Broad Form Flood Annual Ag gregate Limits of Insurance our payment for loss under any Utility Services Direct Dam age or Utility Services Time Element cover age that is attributable to flood to which this endorsement applies will not exceed the Limit of Insurance that applies to that Utility Ser vices Direct Damage or Utility Services Time Element coverage. The Annual Aggregate Limits of Insurance applicable to loss or damage under this en dorsement applies regardless of the items or types of property number or types of cover ages including business income and extra expense coverages or number of premises locations involved. Amounts payable under this endorsement for any item or type of property or under any coverage Additional Coverage or Coverage Extension are subject to the Annual Aggregate Limits of Insurance 2 applicable to loss or damage under this en dorsement and will not a. Exceed the applicable property and cov erage Limits of Insurance provided under this Coverage Part nor b. Increase the applicable Annual Aggregate Limits of Insurance under this endorse ment. This includes payments under any Debris Removal or Ordinance or Law coverage for loss that is attributable to flood at premises locations to which this endorsement applies and covered as a result of the insurance pro vided under this endorsement G. DEDUCTIBLES The following Deductible provisions apply to the insurance provided by this endorsement. The De ductibles applicable to loss or damage under this endorsement apply separately to each occur rence and apply in addition to any other Deducti bles in this Coverage Part that apply to loss or damage in the same occurrence. 1. Dollar Deductible When a. Adollar amount in any one occurrence or b. A dolfar amount in any one occurrence at each premises location is shown as the applicable deductible in the Declarations we will not pay for loss or dam age in any one occurrence or in any one oc currence at each premises location as indi cated in the Declarations until the amount of loss or damage exceeds the applicable De ductible shown in the Declarations. We will then pay the amount of loss or damage in ex cess of the Deductible up to the applicable Limits of Insurance. The Deductible applicable to newly acquired or constructed property to which the Newly Constructed or Acquired Property Coverage Extension in the Deluxe Property Coverage Form applies is the highest dollar deductible shown in the Declarations for any premises location to which this endorsement applies. Hour Deductible When an hour Deductible is stated in the Declarations the following is applicable to your Business Income Coverage to which this endorsement applies 0 0 OO 00 5 DX T3021112 Page 4 of 5 025600 2011 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
the Declarations for any premises location to which this endorsement applies. No Deductible applies to Extra Expense. When a Deductible is shown in the Declara tions for Utility Service Direct Damage cov erage or Utility Services Time Element cov erage that Deductible will apply to the insur ance provided under the Utility Service Di rect Damage coverage or Utility Services Time Element coverage for loss that is attrib utable to flood to which this endorsement applies. Otherwise the above Deductible provisions apply to loss under the Utility Ser vice Direct Damage coverage or Utility Ser vices Time Element coverage that is attrib utable to flood to which this endorsement applies. We will not pay for loss of Business Income in any one occurrence that you incur during the period of time that a. Begins at the time of direct physical loss or damage by flood that triggers the Business Income coverage and b. Continues for the consecutive number of hours shown in the Declarations as the applicable Business Income hour de ductible. The Deductible applicable to Business In come coverage at locations to which the Newly Acquired Locations Coverage Exten sion in the Business Income and Extra Ex pense Coverage Form or Business Income Without Extra Expense Coverage Form ap plies is the highest hour Deductible shown in Page 5 of 5 DX T3021112 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
POLICY NUMBER P630 9H388401 PHX18 ISSUE DATE 01 19 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DELUXE PROPERTY COVERAGE PART AMENDATORY ENDORSEMENT CAUSES OF LOSS EQUIPMENT BREAKDOWN This endorsement modifies insurance provided under the Deluxe Property Coverage Part. A. ADDITIONAL COVERED CAUSE OF LOSS EQUIPMENT BREAKDOWN Covered Causes of Loss and specified causes of loss are extended to include Equipment Break down meaning a Breakdown to Covered Equip ment as defined and limited in this endorsement. 1. Breakdown a. Breakdown means 1 Failure of pressure or vacuum equipment 2 Mechanical failure including rupture or bursting caused by centrifugal force or 3 Electrical failure including arcing that causes physical damage to Covered Equipment and necessitates its repair or replacement. b. Breakdown does not mean or include 1 Malfunction including but not limited to adjustment alignment calibration cleaning or modification 2 Leakage at any valve fitting shaft seal gland packing joint or connec tion 3 Damage to any vacuum tube gas tube or brush 4 Damage to any structure or founda tion supporting the Covered Equip ment or any of its parts 5 The functioning of any safety or pro tective device or 6 The cracking of any part on an inter nal combustion gas turbine exposed to the products of combustion. c. If an initial Equipment Breakdown causes other Equipment Breakdowns all will be considered one Equipment Breakdown. All Equipment Breakdowns that manifest themselves at the same time and are the direct result of the same cause will also be considered one Equipment Break down. 2. Covered Equipment Covered Equipment means equipment of a type listed in provision 2.b. below that is 1 At any of the following locations a At or within 1000 feet of the de scribed premises or b At any of the following locations but only to the extent that cover age for direct physical loss or damage to Covered Property at such locations or for Business In come andor Extra Expense re sulting from direct physical loss or damage to property at such fo cations is otherwise specifically insured and limited under this Coverage Part i Newly acquired or con structed property locations or within 1000 feet of such lo cations i Undescribed premises or iii Dependent property loca tions and 2 a Owned or leased by you or oper ated under your control or b Owned or leased by or operated under the control of others who own lease or operate the unde scribed premises or dependent property locations where the in surance provided under this Cov erage Part applies and 00 0O 0 A Page 1 0f 8 DXT3191112 025810 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
3 Not otherwise excluded under provi sion 2.c. below. Covered Equipment includes the follow ing types of equipment 1 Equipment designed and built to op erate under internal pressure or vac uum other than weight of contents 2 Electrical or mechanical equipment that is used in the generation trans mission or utilization of energy and 3 Fiber optic cable Covered Equipment does not mean or in clude any 1 Electronic data processing recording or storage media such as films tapes discs drums or cells 2 Part of pressure or vacuum equip ment that is not under internal pres sure of its contents or internal vac uum Insulating or refractory material Non metallic pressure or vacuum equipment unless it is constructed and used in accordance with the American Society of Mechanical En gineers A.S.M.E. code or a Code that has been accepted by the Na tional Board of Boiler and Pressure Vessel Inspectors 5 Catalyst 6 Pressure vessels and piping that are buried below ground and require the excavation of materials to inspect remove repair or replace Structure foundation cabinet or compartment supporting or contain ing the Covered Equipment or part of the Covered Equipment including penstock draft tube or well casing Vehicle aircraft self propelled equipment or floating vessel includ ing any equipment mounted on or used solely with any vehicle aircraft self propelied equipment or floating vessel Dragline power shovel excavation or construction equipment including any equipment mounted on or used solely with any dragline power shovel ex cavation or construction equipment 3 t 0 10 Felt wire screen mold form pat tern die extrusion plate swing hammer grinding disc cutting blade non electrical cable chain belt rope clutch plate brake pad non metal part or any part or tool subject to pe riodic replacement 11 Astronomical telescope cyclotron nuclear reactor particle accelerator satellites andor spacecraft including satellite or spacecraft contents andor their launch sites 12 Computer equipment or electronic data processing equipment unless used to control or operate production type machinery or other equipment that is Covered Equipment 13 Equipment or any part of such equipment manufactured by you for sale or 14 Equipment while in the due course of transit. B. EQUIPMENT BREAKDOWN COVERAGE EX TENSIONS 1. Spoilage a. Under the Deluxe Property Coverage Form the insurance that applies to Your Business Personal Property and Personal Property of Others is extended to apply to direct physical loss or damage to such Covered Property that is 1 Maintained under controlled condi tions for its preservation and 2 Susceptible to loss or damage if the controlled conditions change due to spoilage resulting from lack or ex cess of power light heat steam or re frigeration that is caused solely by a Breakdown to Covered Equipment. Insurance under this Coverage Extension includes the reasonable expense you in cur to reduce or avert the spoilage loss or damage but only to the extent the amount of loss otherwise payable under this Coverage Extension is reduced. The most we will pay for loss or damage under this Coverage Extension arising out of any one Equipment Breakdown is the Spoilage Limit of Insurance shown in the Schedule of this endorsement. This limit is part of and not in addition to the Limit of Page 2 of DXT3191112 2011 The Travelers indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with ts permission | 2 |
Insurance that applies to the lost or dam aged Covered Property. c. We will not pay for any loss or damage under this Coverage Extension that re sults from your failure to use due dili gence and dispatch and all reasonable means to protect the property from spoil age damage following a Breakdown to Covered Equipment. 2. Utility Services Property a. Subject to provision 2.b. below Covered Equipment is extended to include equip ment wherever located within the Cover age Territory that is 1 Owned operated or controlled by a local public or private utility or dis tributor that directly generates transmits distributes or provides util ity services to the described prem ises and 2 Used to supply water communication or power services to the described premises. b. This Coverage Extension applies 1 Only with respect to and 2 Subject to the Limits of Insurance that apply to the insurance if any otherwise provided under this Coverage Part for loss or dam age caused by an interruption of power or other utility service supplied to the de scribed premises caused by or resulting from a Covered Cause of Loss to the util ity services equipment described in 2.a. above. C. EQUIPMENT BREAKDOWN EXCLUSIONS All of the Exclusions that apply to this Coverage Part apply to loss or damage under this endorse ment except as follows 1. Under the Exclusions contained in Section C. of the Deluxe Property Coverage Form the following Exclusions do not apply a. Exclusion C.2.d. Electrical Damage or Disturbance b. Exclusion C.2.i.6 mechanical break down under the Other Type of Losses Exclusion and c. Exclusion C.2.e Explosion. 2. The following additional Exclusions apply to the insurance provided by this endorsement We will not pay for loss or damage caused di rectly or indirectly 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. Lack or excess of power light heat steam or refrigeration. But this Exclusion does not apply to 1 Business Income coverage or Extra Expense coverage or 2 The Spoilage Coverage Extension or Utility Services Property Coverage Extension b. Hydrostatic pneumatic or gas pressure testing of any boiler fired vessel or elec trical steam generator or c. Insulation breakdown testing of any type of electrical or electronic equipment D. EQUIPMENT BREAKDOWN LIMITATIONS All of the Limitations that apply to this Coverage Part apply to loss or damage under this endorse ment except as follows 1. Under the Limitations contained in Section D. of the Deluxe Property Coverage Form Limi tations 1.a. and 1.b. do not apply. The following additional Limitations apply to the insurance provided by this endorsement. These Limitations are included in and do not increase the applicable Limits of Insurance. a. Ammonia Contamination Limitation The most we will pay for loss or damage to property caused by ammonia contami nation that directly results from a Break down to Covered Equipment is the Am monia Contamination Limit of Insurance shown in the Schedule of this endorse ment. This limitation does not apply to Business Income coverage or to Extra Expense coverage. b. Hazardous Substance Limitation If as a direct result of a Breakdown to Covered Equipment property is dam aged contaminated or polluted by a sub stance other than ammonia that is de clared to be hazardous to health by a governmental agency the Hazardous Substance Limit of Insurance shown in Page 3 of DX T3191112 025611 2011 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
a. Dollar Deductible If a dollar deductible is shown in the Schedule we will not pay for loss or damage until the amount of loss or dam age to which the deductible applies ex ceeds the applicable dollar deductible. We will then pay the amount of loss or damage in excess of the dollar deducti ble up to the applicable Limit of Insur ance. b. Time Period Deductible If a time period deductible is shown in the Schedule we will not pay for any loss to which the deductible applies that occurs during the specified time period immedi ately following a Breakdown to Covered Equipment. c. Average Daily Value Deductible If an average daily vaiue deductible is shown in the Schedule this deductible will be calculated as follows 1 For all of the described premises where you incur Business Income or Extra Expense loss due to a Break down to Covered Equipment deter mine the total amount of Business In come that would have been earned or incurred by you during the period of restoration had no Breakdown to Covered Equipment occurred. Divide the amount determined in paragraph 1 by the number of days the business would have been open during the period of restoration. The result is the average daily value. Multiply the average daily value in paragraph 2 by the Multiple of Av erage Daily Value shown in the Schedule. We will first subtract this deductible amount from any loss we would otherwise pay. We will then pay the amount of loss or damage in excess of the deductible up to the applicable Limit of Insurance. d. Percentage of Loss Deductible If a deductible is expressed as a percent age of loss in the Schedule we will not be liable for the indicated percentage of the gross amount of loss or damage insured under the applicable coverage. 2 3 the Schedule of this endorsement is the most we wiil pay for 1 Any additional expenses you incur to clean up repair replace or dispose of any such property that is Covered Property under this Coverage Part and 2 Any increase in loss of Business In come or Extra Expense due to the additional time required to clean up repair replace or dispose of the property provided Business Income or Extra Expense loss resulting from damage to such property is otherwise insured against under this Coverage Part. Subject to the Hazardous Sub stance Limit of Insurance the term period of restoration as used in the Business Income andor Extra Ex pense insurance provided under this Coverage Part is extended to include this additional period of time. As used in this Limitation additional ex penses and increase in loss mean ex penses and loss incurred beyond the ex penses and loss for which we would have been liable had no substance declared to be hazardous to health by a governmen tal agency been involved. E. EQUIPMENT BREAKDOWN LIMITS OF IN SURANCE 1. The insurance provided under this endorse ment for loss or damage caused by or result ing from Equipment Breakdown is included in and does not increase the Covered Property Business Income Extra Expense and other coverage Limits of Insurance that otherwise apply under this Coverage Part. 2. Payments under the Equipment Breakdown Coverage Extensions will not increase the applicable Limits of Insurance. F. EQUIPMENT BREAKDOWN DEDUCTIBLE 1. Unless otherwise indicated in the Schedule of this endorsement the insurance provided un der this endorsement for loss or damage caused by or resulting from Equipment Breakdown is subject to the deductibles that otherwise apply under this Coverage Part. 2. When one or more separate deductibles are indicated in the Schedule of this endorse ment each such deductible shall be applied separately to the applicable coverage for which the deductible is indicated as follows a. Dollar Deductible If a dollar deductit Schedule we will damage until the an age to which the d ceeds the applicab We will then pay tt damage in excess ble up to the appl ance. b. Time Period Deduc If a time period dedt Schedule we will nc which the deductible during the specified ately following a Br Equipment. c. Average Daily Valu If an average daily shown in the Sche will be calculated as 1 For all of the where you incur Extra Expense down to Covere mine the total ar come that woul or incurred by y of restoration h Covered Equipm Divide the am paragraph 1 by the business we during the perio result is the aver Multiply the av paragraph 2 b erage Daily V Schedule. We deductible amot would otherwise pay the amount excess of the c applicable Limit d. Percentage of Loss If a deductible is exf age of loss in the Sc liable for the indicat gross amount of 10s under the applicable 2 3 Page 4 of 6 2011 The Travelers Indemnity Company. Al rights reserved Inciudes copyrighted material of Insurance Services Office Inc. with its permission DX T3191112 | 2 |
1. Your last known address or 2. The address where the Covered Equipment is located. Once suspended in this way such insurance can only be reinstated by a written endorsement is sued by us. If we suspend your insurance you will get a pro rata refund of premium for that Cov ered Equipment. But the suspension will be effec tive even if we have not yet made or offered a re fund. G. EQUIPMENT BREAKDOWN ADDITIONAL CONDITION The following Additional Condition applies to the insurance provided under this endorsement Suspension If any Covered Equipment is found to be in or exposed to a dangerous condition any of our rep resentatives may immediately suspend the insur ance provided by this endorsement for loss or damage caused by or resulting from a Breakdown to that Covered Equipment. This can be done by delivering or mailing a notice of suspension to u iy 3 IO. AV DX T3191112 028812 Page 5 of 6 2011 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
EQUIPMENT BREAKDOWN SCHEDULE RgRaRE TN RIS TEIE Wl A iei Limits of Insurance Spoilage 25000 unless a higher amount is shown 100000 Ammonia Contamination 25000 unless a higher amount is shown 100000 Hazardous Substance 25000 unless a higher amount is shown 100000 Deductible Exceptions Deluxe Property Coverage Part Deductibles apply to loss or damage under this en dorsement except as follows Page 6 of 6 DX T3191112 2011 The Travelers Indemnity Company. Al rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DELUXE PROPERTY COVERAGE PART AMENDATORY ENDORSEMENT UTILITY SERVICES DIRECT DAMAGE This endorsement modifies insurance provided under the following DELUXE PROPERTY COVERAGE FORM A. Coverage If indicated in the Declarations we will pay for loss of or damage to Covered Property at the de scribed premises caused by the interruption of utility service to the described premises. The in terruption of utility service must result from direct physical loss or damage by a Covered Cause of Loss to any of the Utility Supply Services Proper ties defined in Section B. below if such property is indicated in the Declarations and is 1. Located away from the described premises or Located at the described premises and used to supply the utility service to the described premises from a source away from the de scribed premises. B. Utility Supply Services Properties 1. Water Supply Services Property meaning the following types of property supplying wa ter to the described premises a. Pumping stations and b. Water mains. Communication Supply Services Property meaning the following types of property sup plying communication services including tele phone radio microwave or television ser vices to the described premises such as a. Communication transmission lines in cluding optic fiber transmission lines b. Coaxial cables and. Microwave radio relays except satellites. Coverage does not include loss caused by or resulting from loss or damage to Overhead Transmission Lines unless Included or a separate Limit of Insurance is shown in the Declarations for Overhead Transmission Lines. Power Supply Services Property meaning the following types of property supplying elec We wi curren ceeds Declar or dar applic D. Limits The one o Direct Declar If a s Declar that lir age in damag which this Supply vices The L dorser applic ance tricity steam or gas to the described prem ises a. Utility generating plants b. Switching stations c. Substations d. Transformers and e. Transmission lines. Coverage does not include loss caused by or resulting from loss or damage to Overhead Transmission Lines unless Included or a separate Limit of Insurance is shown in the Declarations for Overhead Transmission Lines. C. Deductible We will not pay for loss or damage in any one oc currence until the amount of loss or damage ex ceeds the applicable Deductible stated 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. D. Limits of Insurance The most we will pay for loss or damage in any one occurrence is the applicable Utility Services Direct Damage Limit of Insurance stated in the Declarations. If a separate Limit of Insurance is shown in the Declarations for Overhead Transmission Lines that limit is the most we will pay for loss or dam age in any one occurrence resulting from loss or damage to Overhead Transmission Lines to which this coverage applies. This applies even if this coverage applies to both Communication Supply Services Property and Power Supply Ser vices Property. The Limits of Insurance applicable to this en dorsement are part of and not in addition to the applicable Covered Property Limits of Insur ance DX T3851112 025813 Page 1 of 1 2011 The Travelers Indemnity Company. Al rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DELUXE PROPERTY COVERAGE PART AMENDATORY ENDORSEMENT UTILITY SERVICES TIME ELEMENT DX T3861112 This endorsement modifies insurance provided under the following DELUXE BUSINESS INCOME AND EXTRA EXPENSE COVERAGE FORM DELUXE BUSINESS INCOME WITHOUT EXTRA EXPENSE COVERAGE FORM DELUXE EXTRA EXPENSE COVERAGE FORM A. Coverage If indicated in the Declarations your coverage for Business Income andor Extra Expense as pro vided under the applicable Coverage Form is ex tended to apply to the actual amount of such of Business Income andor Extra Expense that you incur caused by the interruption of utility service to the described premises. The interruption of util ity service must result from direct physical loss or damage by a Covered Cause of Loss to any of the Utility Services Properties defined in Section B. below if such property is indicated in the Dec larations and is 1. Located away from the described premises or 2. Located at the described premises and used to supply the utility service to the described premises from a source away from the de scribed premises. B. Utility Service Properties 1. Water Supply Services Property meaning the following types of property supplying wa ter to the described premises a. Pumping stations and b. Water mains. 2. Communication Supply Services Property meaning the following types of property sup plying communication services including telephone radio microwave or television ser vices to the described premises such as a. Communication transmission lines in cluding optic fiber transmission lines b. Coaxial cables and c. Microwave radio relays except satellites. Coverage does not include loss caused by or resulting from loss or damage to Overhead Transmission Lines unless Included or a separate Limit of Insurance is shown in the 2011 The Travelers Indemnity Company. All rights reserved. Declarations for Overhead Transmission Lines. 3. Power Supply Services Property meaning the following types of property supplying elec tricity steam or gas to the described prem ises. a. Utility generating plants Switching stations Substations Transformers and Transmission lines. LIS Coverage does not include loss caused by or resulting from loss or damage to Overhead Transmission Lines unless Included or a separate Limit of Insurance is shown in the Declarations for Overhead Transmission Lines. C. Deductible The hour deductible that applies to Utility Ser vices Time Element is indicated in the Declara tions. We will only pay for loss of Business In come you sustain after the number of consecutive hours indicated in the Declarations following the direct physical loss or damage to the Utility Ser vices Property to which this endorsement applies. This deductible does not apply to Extra Expense Limits of Insurance The most we will pay for loss or damage in any one occurrence is the applicable Utility Services Time Element Limit of Insurance stated in the Declarations. This limit is part of and not in addi tion to the Limits of Insurance that apply to Business Income andor Extra Expense at the described premises. If a separate Limit of Insurance is shown in the Declarations for Overhead Transmission Lines that is the most we will pay for loss or damage in any one occurrence resulting from loss or dam Page 1 of 2 Includes copvriahted material of Insurance Services Office Inc with its permission. 1 the Declarations your coverage for ome andor Extra Expense as pro the applicable Coverage Form is ex ply to the actual amount of such of ome andor Extra Expense that you by the interruption of utility service ped premises. The interruption of util ust result from direct physical loss or a Covered Cause of Loss to any of rvices Properties defined in Section such property is indicated in the Dec is away from the described premises at the described premises and used the utility service to the described from a source away from the de remises. ce Properties upply Services Property meaning ving types of property supplying wa described premises ping stations and 21 mains. nication Supply Services Property Page 1 of 2 2011 The Travelers Indemnity Company. Al rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
age to Overhead Transmission Lines to which this coverage applies. This applies even if this cover age applies to both Communication Supply Ser vices Property and Power Supply Services Prop erty. This limit is part of and not in addition to the Utility Services Time Element Limit of Insurance stated in the Declarations. 00 O 0 0 Page 2 of 2 025614 DX T3 861112 2011 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
DELUXE PROPERTY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FEDERAL TERRORISM RISK INSURANCE ACT DISCLOSURE This endorsement modifies insurance provided under the following DELUXE PROPERTY COVERAGE PART The federal Terrorism Risk Insurance Act of 2002 as amended TRIA establishes a program under which the Federal Government may partially reimburse In sured Losses as defined in TRIA caused by Acts Of Terrorism as defined in TRIA. Act Of Terrorism is defined in Section 1021 of TRIA to mean any act that is certified by the Secretary of the Treasury in consultation with the Secretary of Homeland Security and the Attorney General of the United States to be an act of terrorism to be a violent act or an act that is dangerous to human life property or infrastructure to have resulted in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States Mission and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Gov ernment by coercion. The Federal Government s share of compensation for such Insured Losses is established by TRIA and is a percentage of the amount of such Insured Losses in excess of each Insurer s Insurer Deductible as de fined in TRIA subject to the Program Trigger as defined in TRIA. Through 2020 that percentage is established by TRIA as follows 85 with respect to such Insured Losses occurring in calendar year 2015. 84 with respect to such Insured Losses occurring in calendar year 2016. 83 with respect to such Insured Losses occurring in calendar year 2017. 82 with calendar 81 with calendar 80 with calendar In no ever required 1 sured Los aggregate be require ed that s Therefore endar yes amount of and any caused by The char erage Par The char included and does such Inst ernment u 7 of premi ed Cit 3 o premi ignate 82 with respect to such Insured Losses occurring in calendar year 2018. 81 with respect to such Insured Losses occurring in calendar year 2019 80 with respect to such Insured Losses occurring in calendar year 2020. In no event however will the Federal Government be required to pay any portion of the amount of such In sured Losses occurring in a calendar year that in the aggregate exceeds 100 billion nor will any Insurer be required to pay any portion of such amount provid ed that such Insurer has met its Insurer Deductible. Therefore if such Insured Losses occurring in a cal endar year exceed 100 billion in the aggregate the amount of any payments by the Federal Government and any coverage provided by this policy for losses caused by Acts Of Terrorism may be reduced The charge for such Insured Losses under this Cov erage Part is included in the Coverage Part premium. The charge for such Insured Losses that has been included for this Coverage Part is indicated below and does not include any charge for the portion of such Insured Losses covered by the Federal Gov ernment under TRIA 7 of your total Deluxe Property Coverage Part premium if your primary location is in a Designat ed City as listed below. 3 of your total Deluxe Property Coverage Part premium if your primary location is not in a Des ignated City as listed below DX T4 02 01 15 Page 1 of 2 2015 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
DELUXE PROPERTY Designated Cities are Albuguerque NM El Paso TX Miami FL San Diego CA Atlanta GA Fort Worth TX Milwaukee WI San Antonio TX Austin TX Fresno CA Minneapolis MN San Francisco CA Baltimore MD Honolulu HI Nashville Davidson TN San Jose CA Boston MA Houston TX New Orleans LA Seattle WA Charlotte NC Indianapolis IN New York NY St. Louis MO Chicago IL Jacksonville FL Oakland CA Tucson AZ Cleveland OH Kansas City MO Oklahoma City OK Tulsa OK Colorado Springs CO Las Vegas NV Omaha NE Virginia Beach VA Columbus OH Long Beach CA Philadelphia PA Washington DC Dallas TX Los Angeles CA Phoenix AZ Wichita KS Denver CO Memphis TN Portland OR Detroit Ml Mesa AZ Sacramento CA 0 000 0O Page 2 of 2 025615 DX T4020115 2015 The Travelers Indemnity Company. Al rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
DELUXE PROPERTY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES This endorsement applies to property located in the state of Texas. This endorsement modifies insurance provided under the following DELUXE PROPERTY COVERAGE PART A. LEGAL ACTION AGAINST US The LEGAL ACTION AGAINST US Additional Condition H.4. found in the DELUXE PROPERTY COVERAGE FORM is replaced by the following LEGAL ACTION AGAINST US 1. 2. No one may bring a legal action against us under this Coverage Part unless a. There has been full compliance with all of the terms of this Coverage Part and b. The action is brought within 2 years and one day from the date the cause of action first accrues. A cause of action accrues on the date the initial breach of our con tractual duties as alleged in the action. With respect to loss or damage in the State of Texas caused by windstorm or hail in the ca tastrophe area as defined by the Texas In surance Code no one may bring legal action against us under this Coverage Part unless a. There has been full compliance with all the terms of this Coverage Part and b. The action is brought within three years and one day from the date of the loss or damage that is the subject of the claim. B. APPRAISAL 1. DX 00090513 The APPRAISAL Loss Condition in the DELUXE PROPERTY COVERAGE FORM and the DELUXE EXTRA EXPENSE COV ERAGE FORM is replaced by the following APPRAISAL If we and you disagree on the amount of loss either may make written demand for an ap praisal of the loss. In this event each party will select a competent and impartial apprais er and notify the other of the appraiser se lected within 20 days of such demand. The two appraisers will select an umpire. If they can not agree within 15 days upon such um pire either may request that selection be made by a judge of a court having jurisdiction. Each appraiser will state the amount of loss. 2013 The Travelers Indemnity Company. All Includes copyrighted material of Insurance Services Offic If they fail to agree they will submit their dif ferences to the umpire. A decision agreed to by any two will be binding as to the amount of loss. Each party will a. Pay its chosen appraiser and b. Bear the other expenses of the appraisal and umpire equally. If there is an appraisal a. You will still retain your right to bring a le gal action against us subject to the provi sions of the Legal Action Against Us Ad ditional Condition and b. We will still retain our right to deny the claim. 2. The APPRAISAL Condition in the DELUXE BUSINESS INCOME AND EXTRA EXPENSE COVERAGE FORMS and the DELUXE BUSINESS INCOME WITHOUT EXTRA EXPENSE COVERAGE FORM is replaced by the following APPRAISAL if we and you disagree on the amount of Net Income and operating expense 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 and notify the other of the appraiser selected within 20 days of such demand. The two appraisers will select an umpire. If they can not agree within 15 days upon such um pire either may request that selection be made by a judge of a court having jurisdiction. The appraisers will state separately the amount of Net Income and operating expense and the amount of loss. If they fail to agree they will submit their dif ferences to the umpire. A decision agreed to by any two will be binding as to the amount of loss. Each party will a. Pay its chosen appraiser and npany. All rights reserved Page 1 0of 3 ices Office Inc. with its permission. 2013 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
DELUXE PROPERTY b. Bear the other expenses of the appraisal and umpire equally. If there is an appraisal a. You will still retain your right to bring a le gal action against us subject to the provi sions of the Legal Action Against Us Additional Condition and b. We will still retain our right to deny the claim. C. Under the Duties In The Event Of Loss Or Dam age Loss Condition a. Paragraph a.2 is replaced by the following 2 Give us prompt notice of the loss or dam age. Include a description of the property involved. However with respect to loss or damage in the State of Texas caused by windstorm or hail in the catastrophe area as defined by the Texas Insurance Code any claim must be filed with us not later than one year after the date of loss or damage that is the subject of the claim except that a claim may be filed after the first anniversary of the date of the loss or damage for good cause shown by the person filing the claim. b. The provision requiring signed sworn proof of loss is replaced by the following Send us a signed sworn proof of loss con taining the information we request to investi gate the claim. You must do this within 91 days after our request. We will supply you with the necessary forms. provisions pertaining to notice of our intentions and the time period for payment of claims are de leted and replaced by the following 1. Claims Handling a. Within 15 days after we receive written notice of claim we will 1 Acknowledge receipt of the claim. If we do not acknowledge receipt of the claim in writing we will keep a record of the date method and content of the acknowledgment Begin any investigation of the claim and 3 Request a signed sworn proof of loss specify the information you must provide and supply you with the nec essary forms. We may request more information at a later date if during 2 the investigation of the claim such additional information is necessary. b. We will notify you in writing as to whether 1 The claim or part of the claim will be paid 2 The claim or part of the claim has been denied and inform you of the reasons for denial 3 More information is necessary or 4 We need additional time to reach a decision. If we need additional time we will inform you of the reasons for such need. We will provide notification as described in b.1 through b.4 above within 1 15 business days after we receive the signed sworn proof of loss and all in formation we requested or 2 30 days after we receive the signed sworn proof of loss and all infor mation we requested if we have rea son to believe the loss resulted from arson. If we have notified you that we need addi tional time to reach a decision we must then either approve or deny the claim within 45 days of such notice. We will pay for covered loss or damage within 5 business days after a. We have notified you that payment of the claim or part of the claim will be made and have reached agreement with you on the amount of loss or b. An appraisal award has been made. However if payment of the claim or part of the claim is conditioned on your compliance with any of the terms of this Coverage Part we will make payment within 5 business days after the date you have complied with such terms. The following paragraphs are added 3. Catastrophe Claims If a claim results from a weather related ca tastrophe or a major natural disaster the claim handling and claim payment deadlines described in D.1. and D.2. above are extend ed for an additional 15 days. Catastrophe or Major Natural Disaster means a weather related event which DX 00 09 0513 Page 2 of 3 025616 2013 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
DELUXE PROPERTY 2 Submits a signed sworn proof of loss within 91 days after receiving notice from us of your failure to do so and 3 Has notified us of any change in owner ship occupancy or substantial change in risk known to the mortgage holder. All of the terms of this Coverage Part will then apply directly to the mortgage holder. If we cancel this policy we will give written notice to the mortgage holder at least 1 14 days before the effective date of can cellation if we cancel for your nonpay ment of premium or 2 60 days before the effective date of can cellation if we cancel for any other rea son. G. The following is added to Paragraph D.1. in the Duties in the Event of Accident Claim or Suit loss condition in the LEGAL LIABILITY COVERAGE FORM We will notify the first Named Insured in writing of 1. An initial offer to settle a claim made or suit brought against the insured under this cover age. The notice will be given not later than the 10th day after the date on which the offer is made. Any settlement of a claim made or suit brought against the insured under this cover age. The notice will be given not later than the 30th day after the date of the settlement. 1 Is declared a disaster under the Texas Disaster Act of 1975 or 2 Is determined to be a catastrophe by the Texas Department of Insurance. 4. The term business day as used in the LOSS PAYMENT CONDITION means a day other than Saturday Sunday or a holiday recognized by the state of Texas. E. The following is added to the VALUATION Loss Condition Section 862.053. Fire Insurance Total Loss of Real Property. A fire insurance policy in case of total loss by fire of property insured shall be held and considered to be a liquidated demand against the Company for the full amount of such policy The provisions of this Article shall not apply to personal property. F. Paragraphs d. and f. of the MORTGAGE HOLD ERS ADDITIONAL CONDITION are replaced by the following d. If we deny your claim because of your acts or because you have failed to comply with the terms of this Coverage Part the mortgage holder will still have the right to receive loss payment if the mortgage holder 1 Pays any premium due under this Cover age Part at our request if you have failed to do so DX 00 09 05 13 Page 3 of 3 2013 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of insurance Services Office Inc. with its permission | 2 |
DELUXE PROPERTY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following DELUXE PROPERTY COVERAGE PART A. Paragraph 2. 3. and 5. of the Cancellation 5. Common Policy Conditions DELUXE are re placed by the following 2. a. Ifthis policy covers a condominium asso If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may ciation and the condominium property contains at least one residence or the condominium declarations conform with the Texas Uniform Condominium Act then we may cancel this policy by mailing or delivering written notice of cancellation at least 30 days before the effective date of cancellation to 1 The first Named Insured and 2 Each unit owner to whom we issued a certificate or memorandum of in be less than pro rata. However the cancella tion will be effective even if we have not made or offered a refund. The notice of cancellation will state that unearned paid premium if not tendered will be refunded on demand B. The following condition is added and applies unless Paragraph D. applies. NONRENEWAL 1. If we elect not to renew this policy we will at the request of the Named Insured provide a written statement of the reason or reasons for surance. such nonrenewal If we cancel this policy we will at the 2. In compliance with Texas law we will not re request of the Named Insured pro fuse to renew this policy solely because the vide a written statement of the reason policyholder is an elected official. or reasons for such cancellation 3. If this policy covers a condominium associa b. If this policy covers a risk other than the risk described in Paragraph 2.a. then we may cance this policy by mailing or deliv ering to the first Named Insured written notice of cancellation at least 1 14 days before the effective date of cancellation if we cancel for nonpay ment of premium or 2 60 days before the effective date of cancellation if we cancel for any other reason. If we cancel this policy we will at the re quest of the Named Insured provide a written statement of the reason or rea sons for such cancellation. b. In compliance with Texas law we will not cancel this policy solely because the poli cyholder is an elected official. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us tion and the condominium property contains at least one residence or the condominium declarations conform with the Texas Uniform Condominium Act then a. We will mail or deliver written notice of nonrenewal at least 30 days before the expiration or anniversary date of the pol icy to the first Named Insured and to each unit owner to whom we issued a certificate or memorandum of insurance. b. We will mail or deliver such notice to each last mailing address known to us. If notice is mailed proof of mailing will be suffi cient proof of notice. C. Cancellation One And Two Family Dwellings And Governmental Property The following applies to all palicies that provide coverage to a governmental unit as defined un der 28 TEX. ADMIN. CODE Section 5.7001 or on one and two family dwellings C. Canc 0O 000000 0 Page 1 of 2 DX 01711113 025817 2013 The Travelers Indemnity Company All right reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
DELUXE PROPERTY 1. Paragraph A. 5. above is replaced by the fol lowing If this policy is cancelled we will send the first Named Insured any premium refund due. The cancellation will be effective even if we have not made or offered a refund. The refund will be pro rata if a. We cancel this policy or b. The first Named Insured cancels this pol icy because 1 We refused to provide additional cov erage which the first Named Insured requested under the policy or 2 We reduced or restricted coverage under the policy without the consent of the first Named Insured The refund may be less than pro rata if the first Named Insured cancels this policy for a reason other than those listed in b.1 and b.2 above. The following provisions are added to the Cancellation Common Policy Conditions DELUXE a. If this policy has been in effect for less than 90 days and is not a renewal of a policy we issued we may cancel cover age for any reason b. If this policy has been in effect for 90 days or more or is a renewal of a policy we issued we may cancel coverage only for the following reasons 1 If the first Named Insured does not pay the premium or any portion of the premium when due 2 If the Texas Department of insurance determines that continuation of this policy would result in violation of the Texas Insurance Code or any other law governing the business of insur ance in Texas 3 If the Named Insured submits a fraudulent claim or If there is an increase in the hazard covered by this policy that is within the control of the Named Insured and would produce an increase in the premium rate of this policy. c. If such coverage is cancelled we will at the request of the Named Insured pro vide a written statement of the reason or reasons for such cancellation. 4 d. In compliance with Texas law we will not cancel such coverage solely because the policyhoider is an elected official. D. The following condition is added NONRENEWAL ONE AND TWO FAMILY DWELLINGS AND GOVERNMENTAL PROP ERTY 1. If we elect not to renew coverage on one and two family dwellings or on governmental units we will mail or deliver written notice of nonrenewal to the first Named Insured and any mortgageholder shown in the Declara tions at least 30 days before the expiration date. Proof of mailing will be sufficient proof of notice. We will at the request of the Named Insured provide a written statement of the reason or reasons for such nonrenewal If we fail to give the first Named Insured proper notice of our refusal to renew the first Named Insured may require us to renew the policy We may elect not to renew such coverage for any reason subject to the exceptions and limi tations in Paragraphs 3. and 4. below. We will not refuse to renew coverage a. Solely because the policyholder is an elected official or b. Because of claims for losses resulting from natural causes. Claims That Do Not Result From Natural Causes a. If we have previously notified you as pro vided in b. below we may refuse to re new coverage if the Named Insured has filed under this policy in any three year period three or more claims that do not result from natural causes. b. If the Named Insured has filed two such claims in a period of less than three years we may notify the first Named Insured in writing that if the Named Insured files a third such claim during the three year pe riod we may refuse to renew coverage. A claim does not include a claim that is filed but is not paid or payable under the policy Page 2 of 2 DX 01711113 2013 The Travelers Indemnity Company All right reserved Inciudes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
ISSUE DATE 01 19 18 POLICY NUMBER P630 9H388401 PHX18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DELUXE PROPERTY COVERAGE PART AMENDATORY ENDORSEMENT ELECTRONIC VANDALISM LIMITATION ENDORSEMENT This endorsement modifies insurance provided under the following DELUXE PROPERTY COVERAGE PART When included in this policy this endorsement aiso modifies insurance provided under the COMMERCIAL INLAND MARINE COVERAGE PART. SCHEDULE Electronic Vandalism Limit of Insurance aggregate in any 12 month period of this policy 10000 unless a higher limit is shown This endorsement limits the insurance provided under The DEDUCTIBLE provisions of this policy con this policy for direct physical loss or damage caused by or resulting from electronic vandalism and for loss that is a consequence of such direct physical loss or damage A. LIMITATION ELECTRONIC VANDALISM The following LIMITATION is added The most we will pay for all loss or damage caused directly or indirectly by or resulting from electronic vandalism in any one policy year commencing with the inception date of this en dorsement is the Electronic Vandalism Limit of Insurance shown in the Schedule of this en dorsement. This limit 1. Applies regardiess of the number of loca tions items or types of property or coverages or Coverage Forms involved and 2. s part of and does not increase the Limits of Insurance provided under this policy But if electronic vandalism resuits in a speci fied cause of loss other than vandalism this limitation will not apply to the resulting loss or damage caused by that specified cause of loss. B. ELECTRONIC VANDALISM MINIMUM DE DUCTIBLE The following deductible provision is added and applies to all coverages including Extra Ex pense tinue to apply. But in no event will the total of all applicable deductible amounts applied in any one occurrence of electronic vandalism be less than 1000. ELECTRONIC VANDALISM DEFINED Electronic Vandalism as used in this en dorsement means 1. Willful or malicious destruction of computer programs content instructions or other elec tronic or digital data stored within computer systems. 2. Unauthorized computer code or programming that a. Deletes distorts corrupts or manipulates computer programs content instructions or other electronic or digital data or oth erwise resuits in damage to computers or computer systems or networks to which it is introduced b. Replicates itself impairing the perform ance of computers or computer systems or networks or c. Gains remote control access to data and programming within computers or com puter systems or networks to which it is introduced for uses other than those in tended for authorized users of the com puters or computer systems or networks. Page 1 of 1 cessre DX T3 98 0402 | 2 |
GENERAL LIABILITY 3 3 L nan nan nan nan 25619.0 | 2 |
GENERAL LIABILITY | 2 |
A TRAVELERS J One Tower Square Hartford Connecticut 06183 COMMERCIAL GENERAL LIABILITY POLICY NO. p630 9H388401 PHX18 COVERAGE PART DECLARATIONS ISSUE DATE 01 19 18 INSURING COMPANY THE PHOENIX INSURANCE COMPANY DECLARATIONS PERIOD From01 01 18 to 01 01 1 g 1201 A.M. Standard Time at your mailing address shown in the Common Policy Declarations. The Commercial General Liability Coverage Part consists of these Declarations and the Coverage Form shown below. 1. COVERAGE AND LIMITS OF INSURANCE COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIMITS OF INSURANCE General Aggregate Limit 2000000 Other than Products Completed Operations Products Completed Operations Aggregate Limit 2000000 Personal Advertising Injury Limit 1000000 Each Occurrence Limit 1000000 Damage To Premises Rented To You Limit any one premises 1000000 Medical Expense Limit any one person 5000 LIMITS OF INSURANCE 2000000 o B e e 2000000 1000000 1000000 1000000 5000 2. AUDIT PERIOD ANNUAL 3. FORM OF BUSINESS L IMITED LIABILITY COMPANY 4. NUMBERS OF FORMS SCHEDULES AND ENDORSEMENTS FORMING PART OF THIS COVERAGE PART ARE ATTACHED AS A SEPARATE LISTING. COMMERCIAL GENERAL LIABILITY COVERAGE COMMERCIAL GENERAL LIABILITY COVERAGE IS SUBJECT TO A GENERAL AGGREGATE LIMIT Page 1 of 1 OFFICE KANSAS CITY 095 CG T0011103 PRODUCER LOCKTON COMPANIES LLC 025620 cscee | 2 |
COMMERCIAL GENERAL LIABILITY POLICY NUMBER P630 9H388401 PHX18 ISSUE DATE01 19 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY TOTAL AGGREGATE LIMIT AND DESIGNATED LOCATION AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE The Limits of insurance shown in the Declarations are deleted and replaced by the following LIMITS OF INSURANCE Total Aggregate Limit 4000000 Other Than Products Completed Operations Designated Location Aggregate Limit 2000000 Other Than Products Completed Operations General Aggregate Limit 2000000 Other Than Products Completed Operations Products Completed Operations Aggregate Limit 2000000 Personal Advertising Injury Limit 1000000 Each Occurrence Limit 1000000 Damage To Premises Rented to You Limit 1000000 Any One Premises Medical Expense Limit 5000 Any One Person List of Designated Locations 1801 E 51ST ST AUSTIN TX 78723. PROVISIONS SECTION Il Limits Of Insurance is deleted in its entirety and replaced by the following 1. a. The Limits of Insurance shown in the Sched ule above and the rules below fix the most we will pay regardless of the number of 1 Insureds 2 Claims made or suits brought 3 Persons or organizations making claims or bringing suits or 4 Designated locations shown in the Schedule above. The Total Aggregate Limit shown in the Schedule above is the most we will pay for the sum of all amounts under the Designated Location Aggregate Limit and all amounts under the General Aggregate Limit. This in cludes 1 Damages under Coverage A except damages because of bodily injury or property damage included in the prod ucts completed operations hazard CG D3740206 2006 The St. Paul Travelers Companies inc. Page 1 of 3 | 2 |
COMMERCIAL GENERAL LIABILITY 2 Damages under Coverage B and 3 Medical expenses under Coverage C. Subject to the Total Aggregate Limit shown in the Schedule above and described in b. above a Designated Location Aggregate Limit is provided and is also shown in the Schedule above. The Designated Location Aggregate Limit is subject to all of the follow ing provisions 1 The Designated Location Aggregate Limit is the most we will pay for the sum of a Damages under Coverage A because of bodily injury and property dam age caused by occurrences and b Medical expenses under Coverage C for bodily injury caused by acci dents which can be attributed only to operations at a single designated location shown in the Schedule above. 2 The Designated Location Aggregate Limit applies separately to each designated location. The Designated Location Aggregate Limit does not apply to damages because of bodily injury or property damage in cluded in the products completed opera tions hazard Instead the Products Completed Operations Aggregate Limit shown in the Schedule above and de scribed in 3. below applies to such dam ages. 4 The Designated Location Aggregate Limit does not apply to damages under Cover age B. Instead the General Aggregate Limit shown in the Schedule above and described in 2. below applies to such damages. 5 Any payments made for damages or medical expenses to which the Desig nated Location Aggregate Limit applies shall reduce both the Total Aggregate Limit shown in the Schedule above and the Designated Location Aggregate Limit for that designated location. Such pay ments shall not reduce the General Ag gregate Limit shown in the Schedule above and described in 2. below nor shall they reduce the Designated Loca tion Aggregate Limit for any other desig nated location shown in the Schedule above. Subject to the Total Aggregate Limit shown in the Schedule above and described in 1.b. above a General Aggregate Limit is provided and is also shown in the Schedule above. The General Ag gregate Limit is subject to all of the following pro visions a. The General Aggregate Limit is the most we will pay for the sum of 1 Damages under Coverage A because of bodily injury and property damage caused by occurrences and medical expenses under Coverage C for bodily injury caused by accidents which can not be attributed only to operations at a sin gle designated location shown in the Schedule above and 2 Damages under Coverage B. b. The General Aggregate Limit does not apply to damages for bodily injury or property damage included in the products completed operations hazard. Instead the Products Completed Operations Aggregate Limit shown in the Schedule above and described in 3. below applies to such damages. c. Any payments made for damages or medical expenses to which the General Aggregate Limit applies shall reduce both the Total Ag gregate Limit shown in the Schedule above and the General Aggregate Limit shown in the Schedule above. Such payments shall not reduce the Designated Location Aggre gate Limit for any designated location shown in the Schedule above. If coverage for liability arising out of the prod ucts completed operations hazard is provided the Products Completed Operations Aggregate Limit shown in the Schedule above is the most we will pay under Coverage A for damages be cause of bodily injury or property damage in cluded in the products completed operations hazard. Any payments made for such damages shall reduce the Products Completed Operations Aggregate Limit shown in the Schedule above. Such payments shall not reduce the Total Aggre gate Limit shown in the Schedule above the General Aggregate Limit shown in the Schedule above or the Designated Location Aggregate Limit for any designated location shown in the Schedule above Subject to the Total Aggregate Limit and the General Aggregate Limit shown in the Schedule above and described in 1.b. and 2. above the Personal and Advertising Injury Limit is the most OO0 O 0 CG D3740206 Page 2 of 3 025621 20086 The St. Paul Travelers Companies Inc. | 2 |
COMMERCIAL GENERAL LIABILITY we will pay under Coverage B for the sum of all damages because of all personal injury and all advertising injury sustained by any one person or crgamzalmn Subject to the Total Aggregate Limit and either the Designated Location Aggregate Limit or the General Aggregate Limit or subject to the Prod ucts Completed Operations Aggregate Limit shown in the Schedule above and described in 1 b. 1.c. 2. and 3. above whichever apply or ap plies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. Subject to the Each Occurrence Limit shown in the Schedule above and described in 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for dam ages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. Subject to the Each Occurrence Limit shown in the Schedule above and described in 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses be cause of bodily injury sustained by any one per son. 8. For the purposes of this endorsement the Definitions Section is amended by the addition of the following definition Location means any premises owned by or rented to you shown in the Schedule above. For the purposes of determining the applicable ag gregate limit of insurance each location that includes a premises involving the same or con necting lots or premises whose connection is interrupted only by a street roadway or waterway or by a right of way of a railroad shall be consid ered a single location The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. CG D374 02 06 Page 3 of 3 2006 The St. Paul Travelers Companies. Inc | 2 |
DECLARATIONS PREMIUM SCHEDULE POLICY NUMBER P630 8H388401 PHX18 This Schedule applies to the Declarations for the period of 01 01 18 tg 01 01 19 it shows all of your known rating classes as of the effective date. Any exceptions will be so noted. This includes all locations you own rent or occupy. Loc CLASS PREMIUM OPN BLDG DESCRIPT BASE ADVANCE NO. NO. CODE NO. SUBLINE EXPOSURE RATES PREMIUM MINIMUM PREMIUMS LoB 250 I TR e e 250 GENERAL LIABILITY COMPOSITE RESTAURANTS 71150 PREM OPS PROD C OPS 23 23 ADDITIONAL INTEREST OTHER 205217689 205217689 nan nan nan nan 1471.0 nan 0.228 240310 46790 PREM OPS nan nan nan nan 326.0 FLAT CHG nan nan nan nan 49850.0 INCREASED LIMITS FIRE DAMAGE LEGAL LIABILITY 39001 FIRE DMGE COVERAGE PART TOTAL 261 287687 Ehls class Is subject to the prem ops transition program. iIf anX is entered in this box these Declarations are completed on the Premium Schedule Extension CG T0 12. CG T0 07 09 87 PAGE 1 END 025622 | 2 |
KEY TO DECLARATIONS PREMIUM SCHEDULE ABBREVIATIONS CLASS DESCRIPT means CLASS DESCRIPTION LOC BLDG NO. means LOCATION BUILDING NUMBER OPN NO. means OPERATION NUMBER PREM OPS means PREMISES OPERATIONS PROD C OPS means PRODUCTS COMPLETED OPERATIONS PREMIUM BASE Key Letter Premium Base a Area c Total Cost m Admissions o Total Operating Expense Payroll s Gross Sales t see note below u Units How Rates Apply per 1000 square feet per 1000 of total cost per 1000 admissions per 1000 of total operating expenditures per 1000 of payroll per 1000 of gross sales see note below per unit Premium base t applies for a number of rarely used premium bases. The specific base and how rates apply are shown with the Class Description on the DECLARATIONS PREMIUM SCHEDULE. CG T0 081103 Copyright The Travelers indemnity Company 2003 Page 1 of 1 | 2 |
TABLE OF CONTENTS COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 00011001 SECTION COVERAGES Coverage A Bodily Injury and Property Insuring Agreement..................... Damage Liability Exclusions Coverage B Personal and Advertising Insuring Agreement... Injury Liability Exclusions Coverage C Medical Payments Insuring Agreement... Exclusions Supplementary Payments SECTION 1l WHO IS AN INSURED... SECTION HI LIMITS OF INSURANCE........... SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS Bankruptcy Duties in the Event of Occurrence Claim or Suit Legal Action Against Us. Other Insurance. Premium Audit... Representations Separation of Insureds e Transfer of Rights of Recovery Agalnst Olhers To Us When We Do Not Renew SECTION V DEFINITIONS Beginning on Page TABLE OF CONTENTS COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 00011001 SECTION I COVERAGES Beginning on Page Coverage A TABLE OF CONTENTS COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 00011001 Coverage A Bodily Injury and Property Insuring Agreement..................... JUUIUSSURRT Damage Liability Exclusions Coverage B Personal and Advertising INSUMNG AQrEEMENt......... viiieiiiiiiiiiiiieee e 5 Injury Liability Exclusions Coverage C Medical Payments Insuring Agreement... T Exclusions W7 Supplementary Payments... 7 SECTION 1l WHO IS AN INSURED....... N SR SECTION HI LIMITS OF INSURANCE........... e 10 SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS....................... e 10 Bankruptcy Duties in the Event of Occurrence Claim or Suit Legal Action Against Us. S Other Insurance. Premium Audit... Representations Separation of Insureds. Transfer of Rights of Recovery Agalnst Olhers To Us. When We Do Not Renew SECTION V DEFINITIONS Coverage B Personal and Advertising Injury Liability Insuring Agreement Exclusions Coverage C Medical Payments CGT0341103 c25623 | 2 |
COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY COVERAGE FORM 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1. of Section il Who Is An Insured and no employee authorized by you to give or receive no tice of an occurrence or claim knew that the bodily injury or property dam age had occurred in whole or in part. If such a listed insured or authorized em ployee knew prior to the policy period that the bodily injury or property dam age occurred then any continuation change or resumption of such bodily in jury or property damage during or after the policy period will be deemed to have been known prior to the policy period Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have oc curred by any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or re ceive notice of an occurrence or claim in cludes any continuation change or resump tion of that bodily injury or property damage after the end of the policy period. Bodily injury or property damage will be deemed to have been known to have oc curred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occur rence or claim 1 Reports all or any part of the bodily in jury or property damage to us or any other insurer Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. 2 3 2 3 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 and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section I Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured be comes legally obligated to pay as damages because of bodily injury or property dam age to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B b. This insurance applies to bodily injury and property damage only if 00 e b3 LT A0 0 ISO Properties Inc. 2000 Page 1 of 16 CG 00011001 025624 | 0 |
COMMERCIAL GENERAL LIABILITY e. Damages because of bodily injury include damages claimed by any person or organiza tion for care loss of services or death result ing at any time from the bodily injury. 2. Exclusions This insurance does not apply to a. c. Expected Or intended Injury Bodily injury or property damage expected or intended from the standpoint of the in sured. This exclusion does not apply to bod ily injury resulting from the use of reasonable force to protect persons or property. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a con tract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the ab sence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage oc curs subsequent to the execution of the contract or agreement. Solely for the pur poses of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bod ily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and Such attorney fees and litigation ex penses are for defense of that party against a civil or alternative dispute resolution proceeding in which dam ages to which this insurance applies are alleged. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person b 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relat ing to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing. distributing sell ing serving or furnishing alcoholic beverages. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unem ployment compensation law or any similar law. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the con duct of the insured s business or 2 The spouse child parent brother or sis ter of that employee as a consequence of Paragraph 1 above. This exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury This exclusion does not apply to liability as sumed by the insured under an insured con tract. Pollution 1 Bodily injury or property damage aris ing out of the actual alleged or threat ened discharge dispersal seepage mi gration release or escape of pollutants a At or from any premises site or loca tion which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot from equip ment used to heat that building ii Bodily injury or property dam age for which you may be held liable if you are a contractor and the owner or lessee of such Page 2 of 16 I1SO Properties Inc. 2000 CG 00011001 | 1 |
COMMERCIAL GENERAL LIABILITY bodily injury or property dam age arises out of the intentional discharge dispersal or release of the fuels lubricants or other op erating fluids or if such fuels lu bricants or other operating fluids are brought on or to the prem ises site or location with the in tent that they be discharged dis persed or released as part of the operations being performed by such insured contractor or sub contractor ii Bodily injury or property dam age sustained within a building and caused by the release of gases fumes or vapors from ma terials brought into that building in connection with operations being performed by you or on your be half by a contractor or subcon tractor or iii Bodily injury or property dam age arising out of heat smoke or fumes from a hostile fire. At or from any premises site or loca tion on which any insured or any con tractors or subcontractors working di rectly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat de toxify or neutralize or in any way re spond to or assess the effects of poliutants. 2 Any loss cost or expense arising out of any e a Request demand order or statutory or regulatory requirement that any in sured or others test for monitor clean up remove contain treat de toxify or neutralize or in any way re spond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assess ing the effects of pollutants. b c premises site or location has been added o your policy as an additional insured with respect to your ongoing operations per formed for that additional insured at that premises site or location and such premises site or loca tion is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or iii Bodily injury or property dam age arising out of heat smoke or fumes from a hostile fire At or from any premises site or loca tion which is or was at any time used by or for any insured or others for the handling storage disposal process ing or treatment of waste Which are or were at any time trans ported handled stored treated dis posed of or processed as waste by or for i Any insured or ii Any person or organization for whom you may be legally re sponsible or d At or from any premises site or loca tion on which any insured or any con tractors or subcontractors working di rectly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in con nection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property dam age arising out of the escape of fuels lubricants or other operat ing fluids which are needed to perform the normal electrical hy draulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This ex ception does not apply if the A0 O O O Page 3 of 16 IS0 Properties Inc. 2000 CG 00011001 025625 | 1 |
COMMERCIAL GENERAL LIABILITY However this paragraph does not apply to liability for damages because of prop erty damage that the insured would have in the absence of such request demand order or statutory or regulatory require ment or such claim or suit by or on be half of a governmental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or en trustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property dam age involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured Liability assumed under any insured con tract for the ownership maintenance or use of aircraft or watercraft or Bodily injury or property damage aris ing out of the operation of any of the equipment listed in Paragraph f.2 or f.3 of the definition of mobile equip ment. h. Mobile Equipment 4 s Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being pre pared for any prearranged racing speed demolition or stunting activity. War Bodily injury or property damage due to war whether or not declared or any act or condition incident to war. War includes civil war insurrection rebellion or revolution. This exclusion applies only to liability assumed under a contract or agreement. Damage To Property Property damage to 1 Property you own rent or occupy includ ing any costs or expenses incurred by you or any other person organization or entity for repair replacement enhance ment restoration or maintenance of such property for any reason including preven tion of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned 1o you 4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcon tractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly per formed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Il Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Page 4 of 16 ISO Properties Inc. 2000 CG 00011001 | 1 |
COMMERCIAL GENERAL LIABILITY o. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or tempo rarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Il Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured be comes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. This insurance applies to personal and ad vertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory dur ing the policy period 2. Exclusions This insurance does not apply to a. Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. Paragraphs 3 4 5 and 6 of this exclu sion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the prod ucts completed operations hazard. Damage To Your Product Property damage to your product arising out of it or any part of it. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dan gerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your prod uct or your work after it has been put to its intended use. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or ex pense incurred by you or others for the loss of use withdrawal recall inspection repair re placement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency in adequacy or dangerous condition in it A 00 O UL 3 0 o T Page 5 of 16 1SO Properties Inc. 2000 G 000110 01 025626 | 1 |
COMMERCIAL GENERAL LIABILITY b. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication of material whose first publication took place before the begin ning of the policy period Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direc tion of the insured. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. Quality Or Performance Of Goods Fail ure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or per formance made in your advertisement. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your adver tisement Infringement Of Copyright Patent Trade mark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. However this exclusion does not apply to in fringement in your advertisement of copy right trade dress or slogan i Insureds In Media And Internet Type Busi nesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions Sec tion For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertis ing broadcasting publishing or telecasting. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the in sured exercises control Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mis lead another s potential customers.. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or es cape of pollutants at any time. Pollution Related Any loss cost or expense arising out of any 1 Request demand or order that any in sured or others test for monitor clean up remove contain treat detoxify or neutral ize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a govern mental authority for damages because of testing for monitoring cleaning up re moving containing treating detoxifying or neutralizing or in any way responding Page 6 of 16 ISO Properties inc. 2000 CG 00011001 | 1 |
COMMERCIAL GENERAL LIABILITY d. Workers Compensation And Similar Laws To a person whether or not an em ployee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while taking part in athletics. f. Products Completed Operations Haz ard Included within the products completed operations hazard. g. Coverage A Exclusions Excluded under Coverage A. h. War Due to war whether or not declared or any act or condition incident to war. War includes civil war insurrection rebellion or revolution. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investi gate or settle or any suit against an insured we defend a. b. All expenses we incur. Up to 250 for cost of bail bonds required be cause of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. All reasonable expenses incurred by the in sured at our request to assist us in the inves tigation or defense of the claim or suit in cluding actual loss of earnings up to 250 a day because of time off from work. All costs taxed against the insured in the suit Prejudgment interest awarded against the in sured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment to or assessing the effects of pollut ants. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an acci dent 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that 1 The accident takes place in the coverage territory and during the policy period 2 The expenses are incurred and reported to us within one year of the date of the accident and 3 The injured person submits to examina tion at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the ap plicable limit of insurance. We will pay rea sonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical x ray and dental services including prosthetic de vices and 3 Necessary ambulance hospital profes sional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer work ers b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured.. Injury On Normally Occupied Premises To a person injured on that part of prem ises you own or rent that the person nor mally occupies. 7 3 100 00 OO0 00 Page 7 of 16 CG 00011001 c25627 ISO Properties Inc. 2000 | 1 |
COMMERCIAL GENERAL LIABILITY interest based on that period of time after the offer. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or de posited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of in surance If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks dam ages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract This insurance applies to such liability as sumed by the insured The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract The allegations in the suit and the informa tion we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee The indemnitee and the insured ask us to conduct and control the defense of that in demnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and The indemnitee 1 Agrees in writing to a Cooperate with us in the investiga tion settlement or defense of the suit b Immediately send us copies of any demands notices summonses or le gal papers received in conneclion with the suit c Notify any other insurer whose cov erage is available to the indemnitee and d Cooperate with us with respect to co ordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit So long as the above conditions are met attor neys fees incurred by us in the defense of that indemnitee necessary litigation expenses in curred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstand ing the provisions of Paragraph 2.b.2 of Section Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary liti gation expenses as Supplementary Payments ends when a. We have used up the applicable limit of in surance in the payment of judgments or set tlements or b. The conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insur eds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an in sured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an in sured. Your members are also insureds but only with respect to the conduct of your busi ness. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and di rectors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. Atrust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. Page 8 of 16 ISO Properties Inc. 2000 CG 00011001 | 1 |
COMMERCIAL GENERAL LIABILITY 2. Each of the following is also an insured Your volunteer workers only while perform ing duties related to the conduct of your busi ness or your employees other than either your executive officers if you are an organi zation other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their em ployment by you or while performing duties related to the conduct of your business. How ever none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertis ing injury a To you to your partners or members if you are a partnership or joint ven ture to your members if you are a limited liability company to a co employee while in the course of his or her employment or performing du ties related to the conduct of your business or to your other volunteer workers while performing duties re lated to the conduct of your business To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above c For which there is any obligation to share damages with or repay some one else who must pay damages be cause of the injury described in Para graphs 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. b 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical con trol is being exercised for any pur pose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability com pany. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed d. Your legal representative if you die but only with respect to duties as such. That represen tative will have all your rights and duties un der this Coverage Part. With respect to mobile equipment registered in your name under any motor vehicle registration law any person is an insured while driving such equipment along a public highway with your per mission. Any other person or organization re sponsible for the conduct of such person is also an insured but only with respect to liability arising out of the operation of the equipment and only if no other insurance of any kind is available to that person or organization for this liability. However no person or organization is an insured with re spect to a. Bodily injury to a coemployee of the per son driving the equipment or b. Property damage to property owned by rented to in the charge of or occupied by you or the employer of any person who is an in sured under this provision Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named In sured if there is no other similar insurance avait able to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy pe riod whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. T 106 1 O 0 CG 00011001 025828 ISO Properties Inc. 2000 Page 9 of 16 | 1 |
COMMERCIAL GENERAL LIABILITY No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations SECTION Ill LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay re gardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except dam ages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. 3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and prop erty damage included in the products completed operations hazard. 4. Subject to 2. above the Personal and Advertising fnjury Limit is the most we will pay under Cover age B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization 5. Subject to 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property dam age arising out of any one occurrence. 6. Subject to 5. above the Damage To Premises Rented To You Limit is the most we will pay un der Coverage A for damages because of prop erty damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sus tained by any one person The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obliga tions under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written no tice of the claim or suit as soon as practica ble c. You and any other involved insured must 1 Immediately send us copies of any de mands notices summonses or legal pa pers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settiement of the claim or defense against the suit and 4 Assist us upon our request in the en forcement of any right against any person Page 10 of 16 ISO Properties Inc. 2000 CG 00011001 | 1 |
COMMERCIAL GENERAL LIABILITY c That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or d If the loss arises out of the mainte nance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section Coverage A Bodily Injury And Property Dam age Liability Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an addi tional insured by attachment of an en dorsement. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other in surer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other in surers. When this insurance is excess over other in surance we will pay only our share of the amount of the loss if any that exceeds the sum of 1 The total amount that all such other in surance would pay for the loss in the ab sence of this insurance and 2 The total of all deductible and self insured amounts under all that other insurance. We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Method Of Sharing If all of the other insurance permits contribu tion by equal shares we will follow this method also. Under this approach each in surer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contrib or organization which may be liable to the insured because of injury or damage to which this insurance may aiso apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an in sured or b. To sue us on this Coverage Part uniess all of its terms have been fully complied with A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settle ment means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Other Insurance If other valid and collectible insurance is available 1o the insured for a loss we cover under Cover ages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when b. be low applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with ail that other insurance by the method described in. below. b. Excess Insurance This insurance is excess over 1 Any of the other insurance whether pri mary excess contingent or on any other basis a That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work b That is Fire insurance for premises rented to you or temporarily occupied by you with pemission of the owner Page 11 of 16 ISO Praperties Inc. 2000 CG 00011001 028620 | 1 |
COMMERCIAL GENERAL LIABILITY ute by limits. Under this method each in surer s share is based on the ratio of its appli cable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Cover age Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as ad vance premium is a deposit premium only. At the close of each audit period we will com pute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premi ums is the date shown as the due date on the bill. If the sum of the advance and audit pre miums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured c. The first Named Insured must keep records of the information we need for premium compu tation and send us copies at such times as we may request 6. Representations By accepting this policy you agree a. The statements in the Declarations are accu rate and complete b. Those statements are based upon represen tations you made to us and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Oth ers To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The in sured must do nothing after loss to impair them At our request the insured will bring suit or transfer those rights to us and help us enforce them When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expi ration date. If notice is mailed proof of mailing will be suffi cient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific mar ket segments about your goods products or ser vices for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or ser vices for the purposes of attracting customers or supporters is considered an advertisement. Auto means a land motor vehicle trailer or semitrailer designed for travel on public roads in cluding any attached machinery or equipment. But auto does not include mobile equipment. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. Coverage temitory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in a. above 2 The activities of a person whose home is in the territory described in a. above but is away for a short time on your business or Personal and advertising injury offenses that take place through the Internet or similar electronic means of communica tion 3 Page 12 of 16 ISO Properties Inc. 2000 CG 00011001 | 1 |
COMMERCIAL GENERAL LIABILITY provided the insured s responsibility to pay dam ages is determined in a suit on the merits in the territory described in a. above or in a settlement we agree to. Employee includes a leased worker. Em ployee does not include a temporary worker. Executive officer means a person holding any of the officer positions created by your charter con stitution by laws or any other similar governing document. Hostile fire means one which becomes uncon trollabie or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective defi cient inadequate or dangerous or b. You have failed to fulfill the terms of a con tract or agreement if such property can be restored to use by a. The repair replacement adjustment or re moval of your product or your work or b. Your fulfilling the terms of the contract or agreement. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or or ganization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to in demnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an in demnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any con tract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily in jury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of 2 a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or draw ings and specifications or b Giving directions or instructions or failing to give them if that is the pri mary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the in sured s rendering or failure to render pro fessional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 10. Leased worker means a person leased to you by a labor leasing firm under an agreement be tween you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker 1. Loading or unloading means the handling of property After it is moved from the place where it is accepted for movement into or onto an air craft watercraft or auto While it is in or on an aircraft watercraft or auto or While it is being moved from an aircraft wa tercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical Page 13 of 16 ISO Properties Inc. 2000 CG 00011001 025630 | 1 |
COMMERCIAL GENERAL LIABILITY 12. device other than a hand truck that is not at tached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads Vehicles whether self propelled or not main tained primarily to provide mobility to perma nently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equip ment such as graders scrapers or rollers e. Vehicles not described in a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the fol lowing types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the fol lowing types of permanently attached equip ment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construc tion or resurfacing or c Street cleaning Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. 2 3 13. Occurrence means an accident including 14. 15. continuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occu pancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or or ganization or disparages a person s or or ganization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of pri vacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. Pollutants mean 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 16. Products completed operations hazard a. Includes all bodily injury and property dam age occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended Page 14 of 16 ISO Properties Inc. 2000 CG 00011001 | 1 |
COMMERCIAL GENERAL LIABILITY must submit or does submit with our consent or b. Any other alternative dispute resolution pro ceeding in which such damages are claimed and to which the insured submits with our consent. 19. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 20. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you 21. Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose busi ness or assets you have acquired and 2 Containers other than vehicles materi als parts or equipment furnished in con nection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness qual ity durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22. Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. use by any person or organization other than another contractor or sub contractor working on the same pro ject. Work that may need service mainte nance correction repair or replacement but which is otherwise complete will be treated as completed b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured The existence of tools uninstalled equipment or abandoned or unused ma terials or Products or operations for which the clas sification listed in the Declarations or in a policy schedule states that products completed operations are subject to the General Aggregate Limit. 17. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or 2 3 b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occur rence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and appli cations software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electroni cally controlled equipment 18. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this in surance applies are alleged. Suit includes a. An arbitration proceeding in which such dam ages are claimed and to which the insured Page 15 of 16 ISO Propetties Inc. 2000 CG 00011001 025631 | 1 |
COMMERCIAL GENERAL LIABILITY b. Includes 1 Warranties or representations made at any time with respect to the fitness qual ity durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions Page 16 of 16 ISO Properties Inc. 2000 CG 00011001 | 1 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF COVERAGE POLLUTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS Paragraph f.2 Pollution Part 2. Exclusions of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted and replaced by the following 2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up re b move contain treat detoxify or neutrai ize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a gov ernmental authority because of testing for monitoring cleaning up removing containing treating detoxifying or neu tralizing or in any way responding to or assessing the effects of pollutants. Lra. 00O 5 Copyright The Travelers Indemnity Company 2003 Page 1 of 1 CG D25511 03 025632 | 2 |
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