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SPECIAL MULTI-PERIL MEMORANDUM OF INSURANCE , 1. A CLEARWATER F1RELOffcG,~!ERS ASSOCIATION. 101 NORTH GARDEN AVENUE CLEARWATER, FLORIDA 33515 January 10, 1976 To: City Manager. Picot Floyd From: Local 1158. Professional Fire Fighters of Clearwater Re: Offi cers 1975-1976 In keeping with tel'RlS, the following list of officers is as follows: President - William F. Bryant. ,~. Vice President - A Shift - Ed Hooper B Shift - Terry Clements C Shift - Ron Striecher Shift Stewards A Shift - Jack Elder B Shift - Bob Jones C Shift - Art Carpentieri Secretary Treasurer - Charles W. Brettel Copies: City Manager Chi ef Pi tts City Clerk Personnel Director Local 1158 GJ DECLARATIONS PART TWO Auto-Owners losurance Company I LANSING, MICHIGAN 48903 I SPECIAL ;~ULTI-PERIL MEMORANDUM OF It\lIURANCE ~ AGENCY MUTUAL INSURANCE AGENCY.. INC. 12005 CITY C EARWATFR, POLICY POLICY TERM NUMBER 15'+112 20213729 3 13 75 13 13 78 NOON STANDARD TIME AT INSURED CLEARWATER FIRE FIGHTERS ASSOCIATION LOCATION OF INSURED PROPERTY STREET LOCAL 1158 I.A.F.F. Provisional Premium: $ 273. CITY & 3061s SEMINOLE D Audited D Non-Audited STATE CLEARWATER, FLORIDA 33515 [i] Annual Installment $91. Zip Code D Prepaid ENTITY: 1 o Individual o Partnership .0 Corporation o Municipality o Institution ~ Fraternal Organization D Other: Location of Premises as follows, or D Same as above Occupancy of Premises 1. SAME 1. INSTITUTIONAL-CLUB 2. 2. 3. 3. Insurance is provided with respect to those premises described above and with respect to those coverages and kinds of property for which a specific limit of liability is shown, subject to all of the terms of this policy including forms and endorsements made a part hereof: Coinsurance LIMIT OF LIABILITY SECTION 1- PROPERTY COVERAGE Percentage loco No. Bldg. No. Loc. No. Bldll. No. Loc. No. Bldg. No. Applicable 1 1 Cov. A-Building(s) 80 $ 10. COO $ $ Cov. B-Personal Property 80 $ 1. 000 $ $ D $ $ $ I 1. $ $ $ V Add'l. Cov. (Specify) I $ $ $ S I X Loss Deductible Clause No. 1 Amount $ Loss Deductible Clause No. 2 Amount $ V & M M Deductible Amount $ 0 Add'l. Cov. (Specify) =t FLA. OED. APPLJE N 2. $ $ $ SECTION 11- LIABILITY COVERAGE LIMIT OF LIABILITY Cov. C-Bodily Injury and Property Damage Liability $ SEE MLB 21 each occurrence 1$ aggregate Cov. D-Premises Medical Payments $ NIL each person 1$ each accident Add'l. Cov. (Specify) $ $ $ SECTION 11I- CRIME COVERAGE 0 Limits as stated in the endorsement, made part of this Policy, if indicated by 129. ci~'m. CITY OF CLEARWATER . . Peet City & State CLfARWATFR. FI Zi p Code Forms and Endorsements made part of this Policy ML6 100(2-71) 121(3-71) 200,21(1-73) 231,246(10-66) at time of issue: <Insert No. and Edition Date) 56(7-69) 26110(A-O) ". Date of Issue Countersigned by ~ fi~L ~ Agent In Consideration of the Provisions and Stipulations Herein or Added Hereto and of the Premium Above Specified (or specified in endorsement attached hereto), this Company, for the term of three years from inception date shown above (At Noon Standard Time) to expiration date shown above (At Noon Standard Time) at location of property involved, to an amount not exceeding the limit of liability specified, does insure the insured named in the Declarations above and legal representatives, to the extent of the actual cash value of the property at the time of loss, but not exceeding the amount which it would cost to repair or replace the property with material of like kind and quality within a reasonable time after such loss, without allowance for any increased cost of repair or reconstruction by reason of any ordinance or law regulating construction or repair, and without compensation for loss resulting from interruption of business or manufacture, nor in any event for more than the interest of the insured, against all DIRECT LOSS BY FIRE, LIGHTNING AND OTHER PERILS INSURED AGAINST IN THIS POLICY IN- CLUDING REMOVAL FROM PREMISES ENDANGERED BY THE PERILS INSURED AGAINST IN THIS POLICY, EXCEPT AS HEREINAFTER PROVIDED, to the property described herein while located or contained as described in this policy, or pro rata for five days at each proper place to which any of the property shall necessarily be removed for preservation from the perils insured against in this policy, but not elsewhere. This memorandum is for information only; it is not a contract of insurance but attests that a policy as numbered herein, and as it stands at the date of this certificate, has been issued by the Company. Said policy is SUbject to change by endorsement and to assignment and cancellation in accordance with its terms. 1715-4 (11-74) Page 1 en z: C) i= D.. ..... Co) >< ..... ..... t- ee t- en a:: C) ..... In ..... CD ee D.. ..... ..... en This entire polley Ihall be void if, whether before or after a I>ss, the insured has wil- fully concealed or misrepresented any ma- terial fact or circumstance concerning this Insurance or th'ii subject thereof, or the interest of the insured therein, or in case of any fraud or false swearing by the insured relating thereto. Uninsurable This policy shall not cover accounts, bills, and currency, deeds, evidences of debt, money or excepted property. securities; nor, unless specifically named hereon in writing, bullion or manuscripts. This Company shall not be liable for loss by fire or other perils insured against in this policy caused, directly or indirectly, by: (a) enemy attack by armed forces, including action taken by mili- tary, naval or air forces in resisting an actual or an immediately impending enemy attack; (b) invasion; (c) insurrection; (d) rebellion; (e) revolution; (f) civil war; (g) usurped power; (h) order of any civil authority except acts of destruction at the time of and for the purpose of preventing the spread of fire, provided that such fire did not originate from any of the perils excluded by this policy; (j) neglect of the insured to use all reasonable means to save and preserve the property at and after a loss, or when the property is endangered by fire in neighboring prem- ises; (j) nor shall this Company be liable for loss by theft. Other Insurance. Other insurance may be prohibited or the amount of insurance may be limited by en- dorsement attached hereto. Conditions suspending or restricting insurance. Unless other- wise provided in writing added hereto this Company shall not be liable for loss occu rring (a) while the hazard is increased by any means within the con- trol or knowledge of the insured; or (b) while a described building, whether intended for occupancy by owner or tenant, is vacant or unoccupied beyond a period of sixty consecutive days; or (c) as a result of explosion or riot, unless fire ensue, and in that event for loss by fi re on ly. Other perils Any other peril to be insured against or sub- or subjech. ject of Insurance to be covered in this policy shall be by endorsement in writing hereon or added hereto. Added provisions. The extent of the application of insurance under this policy and of the contribution to be made by this Company In case of loss, and any other pro- vision or agreement not inconsistent with the provisions of this policy, may be provided for in writing added hereto, but no pro- vision may be waived except such as by the terms of this policy is subject to change. Waiver No permission affecting this insurance shall provisions. exist, or waiver of any proviSion be valid, unless granted herein or expressed in writing added hereto. No provision, stipulation or forfeiture shall be held to be waived by any requirement or proceeding on the part of this Company relating to appraisal or to any examination provided for herein. Cancellation This policy shall be cancelled at any time of policy. at the request of the insured, in which case this Company shall, upon demand and sur- render of this policy, refund the excess of paid premium above the customary short rates for the expired time. This pol- icy may be cancelled at any time by this Company by giving to the insured a five days' written notice of cancellation with or without tender of the excess of paid premium above the pro rata premium for the expi red time, which excess, if not ten- dered, shall be refunded on demand. Notice of cancellation shall state that said excess premium (if not tendered) will be re- funded on demand. Mortgagee If loss hereunder is made payable, in whole interesh and or in part, to a designated mortgagee not obligations. named herein as the insured, such interest in this policy may be cancelled by giving to such mortgagee a ten days' written notice of can- I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 Concealment, fraud. Perils not included. cellation. If the insured fails to render proof of loss such mortgagee, upon notice, shall render proof of loss in the form herein specified within sixty (60) days thereafter and shall be subject to the pro- visions hereof relating to appraisal and time of payment and of bringing suit. If this Company shall claim that no liability ex- isted as to the mortgagor or owner, it shall, to the extent of pay- ment of loss to the mortgagee, be subrogated to all the mort- gagee's rights of recovery, but without impairing mortgagee's right to sue; or it may payoff the mortgage debt and require an assignment thereof and of the mortgage. Other provisions I Page 2 84 relating to the in. ests and obligations of such mortgagee may 85 be added hereto agreement in writing. 86 , Pro rata liability. This Company shall not be liable for a greater 87 proportion of any loss than the amount 88 hereby insured shall bear to the whole insurance covering the 89 property against the peril involved, whether collectible or not. 90 Re.quiremenh in The insured shall give immediate written 91 case loss occurs. notice to this Company of any loss, protect 92 the property from further damage, forthwith 93 separate the damaged and undamaged personal property, put 94 it in the best possible order, furnish a complete inventory of 95 the destroyed, damaged and undamaged property, showing in 96 detail quantities, costs, actual cash value and amount of loss 97 claimed; and within sixty days after the loss, unless such time 98 is extended in writing by this Company, the insured shall render 99 to this Company a proof of loss, signed and sworn to by the 100 insured, stating the knowledge and belief of the insured as to 101 the following: the time and origin of the loss, the interest of the 102 insured and of all others in the property, the actual cash value of 103 each item thereof and the amount of loss thereto, all encum- 104 brances thereon, all other contracts of insurance, whether valid 105 or not, covering any of said property, any changes in the title, 106 use, occupation, location, possession or exposures of said prop- 107 erty since the issuing of this policy, by whom and for what 108 purpose any building herein described and the several parts 109 thereof were occupied at the time of loss and whether or not it 110 then stood on leased ground, and shall furnish a copy of all the 111 descriptions and schedules in all policies and, if required, verified 112 plans and specifications of any building, fixtures or machinery 113 destroyed or damaged. The insured, as often as may be reason- 114 ably required, shall exhibit to any person designated by this 115 Company all that remains of any property herein described, and 116 submit to examinations under oath by any person named by this 117 Company, and subscribe the same; and, as often as may be 118 reasonably required, shall produce for examination all books of 119 account, bills, invoices and other vouchers, or certified copies 120 thereof if originals be lost, at such reasonable time and place as 121 may be designated by this Company or its representative, and 122 shall permit extracts and copies thereof to be made. 123 Appraisal. In case the insured and this Company shall 124 fail to agree as to the actual cash value or 125 the amount of loss, then, on the written demand of either, each 126 shall select a competent and disinterested appraiser and notify 127 the other of the appraiser selected within twenty days of such 128 demand. The appraisers shall first select a competent and dis- 129 interested umpire; and failing for fifteen days to agree upon 130 such umpire, then, on request of the insured or this Company, 131 such umpire shall be selected by a judge of a court of record in 132 the state in which the property covered is located. The ap- 133 praisers shall then appraise the loss, stating separately actual 134 cash value and loss to each item; and, failing to agree, shall 135 submit their differences, only, to the umpire. An award in writ- 136 ing, so itemized, of any two when filed with this Company shall 137 determine the amount of actual cash value and loss. Each 138 appraiser shall be paid by the party selecting him and the ex- 139 penses of appraisal and umpire shall be paid by the parties 140 equally. 141 Company's 142 options. 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 It shall be optional with this Company to take all, or any part, of the property at the agreed or appraised value, and also to re- pair, rebuild Or replace the property destroyed or damaged with other of like kind and quality within a reasonable time, on giv- ing notice of its intention so to do within thirty days after the receipt of the proof of loss herein required. Abandonment. There can be no abandonment to this Com- pany of any property. The amount of loss for which this Company may be liable shall be payable sixty days after proof of loss, as herein provided, is received by this Company and ascertainment of the loss is made either by agreement between the insured and this Company ex- pressed in writing or by the filing with this Company of an award as herein provided. Suit. No suit or action on this policy for the recov- ery of any claim shall be sustainable in any court of law or equity unless all the requirements of this policy shall have been complied with, and unless commenced within twelve months next after inception of the loss. Subrogation. This Company may require from the insured an assignment of all right of recovery against any party for loss to the extent that payment therefor is made by this Company. When loss payable. I COiINSURANCE CONTRACT I (ID SMP GENERAL PROPERTY FORM SECTION I - PROPERTY COVERAGE Form MLB-100 (Ed. 2-71) I. PROPERTY COVERED COVERAGE A - BUILDING{S): When the insurance under this policy covers exclusive of rent paid by the insured, but which are not legally subject to buildings, such insurance shall also cover all additions and extensions removal by the insured. attached thereto; all fixtures, machinery and equipment. constituting a PERSONAL PROPERTY OF OTHERS: The insured may apply at each location permanent part of and pertaining to the service of the building; materials up to 2%, but not exceeding $2,000, of the limit of liability specified for and supplies intended for use in construction, alteration or repair of the Coverage B _ Personal Property at such location, as an additional buildings; yard fixtures; personal property of the insured as landlord amount of insurance, to cover for the account of the owners thereof used for the .maintenance or service of the described buildings, and in- (other than the named insured) direct loss by a peril insured against to c1uding fire extinguishing apparatus, floor coverings, refrigerating, ven- personal property, similar to that covered by this policy, belonging to tilating, cooking, dishwashing and laundering equipment, shades and out- others while in the care, custody or control of the named insured and only door furniture (but not including other personal property in apartments while on the described premises or within 100 feet thereof. or rooms furnished by the insured as landlord); all while at the described Loss shall be adjusted with the named insured for the account of the locations. owners of the property, except that the right to adjust any loss with the owners is reserved to the Company and the receipts of the owners in sat- COVERAGE B - PERSONAL PROPERTY: When the insurance under this isfaction thereof shall be in full satisfaction of any claim by the named poliCY covers personal property, such insurance shall cover only business insured for which payments have been made. As respects personal prop- personal property owned by the insured and usual to the occupancy of erty belonging to others, this provision shall replace any loss payable the insured, including bullion, manuscripts, furniture, fixtures, equipment provision of this policy. and supplies, not otherwise covered under this policy, and shall also cover The Coinsurance Clause of this form or the Value Reporting and .Full the insured's interest in personal property owned by others to the extent Reporting Clauses of the Reporting Provisions of any other form made a of the value of labor and materials expended thereon by the insured; all part of this policy shall not apply to this coverage, and when applying while in or on the described buildings, or in the open (including within said clauses to insurance covering property owned by the insured, the vehicles) on the described premises or within 100 feet thereof. value of personal property of others shall not be considered in the deter- This coverage shall also include Tenant's Improvements and Better- mination of actual cash value. ments, meaning the insured's use interest in fixtures, alterations, instal- When there is Contributing Insurance, the Company shall not be liable lations or additions comprising a part of the buildings occupied but not for more than its pro rata share of the limit applying to personal property owned by the insured and made or acquired at the expense of the insured of others. DEBRIS REMOVAL - COVERAGE A - BUILDlNGIS) OR COVERAGE B - PERSONAL PROPERTY: This policy covers expense incurred in the removal of debris of the property covered hereunder which may be occasioned by loss by a peril insured against. The total amount recoverable under this policy shall not exceed the limit of liability stipulated for each item. Cost of removal of debris shall not be considered in the determination of actual cash value when applying the Coinsurance Clause. II. PROPERTY NOT COVERED In addition to the kinds of property which are otherwise excluded or limited under this policy, the following are also excluded from coverage under this form: A. Animals and pets; aircraft; watercraft, including motors, equipment and accessories (except rowboats and canoes, while out of water and on the described premises); and automobiles, trailers, semi-trailers or any self-propelled vehicles or machines, except motorized equipment not licensed for use on public thoroughfares and operated principally on the premises of the insured. This exclusion does not apply to the following types of property when held for sale or sold but not delivered and specifically covered by endorsement: 1. Animals and pets. 2. Motorcycles and motor-scooters. 3, Trailers designed for use with private passenger vehicles for gen- eral utility purposes or carrying boats. 4, Watercraft, including motors, equipment and accessories, while not afloat. B. Outdoor swimm ing pools; fences; piers, wharves and docks; beach or diving platforms or appurtenances; retaining walls not constituting a part of building; walks, roadways and other paved surfaces; unless such items are specifically covered by endorsement. C. The cost of excavations, grading or filling; foundations of buildings, machinery, boilers or engines which foundations are below the under- surface of the lowest basement floor, or where there is no basement, below the surface of the ground; pilings, piers, pipes, flues and drains which are underground; pilings which are below the low water mark. D. Outdoor signs, whether or not attached to a building unless specifi- cally covered by endorsement. E. Household and personal effects contained in living Quarters occupied by the insured, any officer, director, stockholder or partner of the in- sured or relatives of any of the foregoing, except as prOVided in the Extensions of Coverage or unless specifically covered by endorsement. F. Growing crops and lawns. G. Trees, shrubs and plants, except when held for sale or sold but not delivered, or to the extent prOVided in the Extensions of Coverage. H. Property which is more specifically covered in whole or in part under this or any other contract of insurance. III. PERILS INSURED AGAINST This policy insures under Section I against all direct loss to the prop- to the interior of the buildings or the property covered therein erty covered under this form caused by the following perils, except as caused otherwise specifically provided: a, by rain, snow, sand or dust, whether driven by wind or not, A. Fire. unless the buildings covered or containing the property cov- ered shall first sustain an actual damage to roof or walls by B. Lightning. the direct action of wind or hail and then shall be liable for C. Windstorm and Hail: loss to the interior of the buildings or the property covered 1. The Company shall not be liable as respects these perils for loss therein as may be caused by rain, snow, sand or dust entering caused directly or indirectly by frost or cold weather or ice lather the buildings through openings in the roof or walls by direct than haill, snow or sleet, whether driven by wind or not. action of wind or hail; or 2. The Company shall not be liable as respects these perils for loss b. by water from sprinkler equipment or other piping, unless Form MLB.lOO (Ed. 2-71) Page 1 r VIII. VALUATION Subject tJlth_eprovisions and stipulations _of_this plllicy, the_ follow- ing bases for valuation of property are established: .. - A. Tenant's lmpravements and Betterments: 1. If repaired ar replaced at the expense af the insured within a reasanable time after lass, the actual cash value af the dam- aged ar destroyed impravements and betterments. 2. If nat repaired ar replaced within a reasanable time after lass, that propartian af the ariginal cast at time af installatian of the damaged ar destrayed praperty which the unexpired term af the lease ar rental agreement, whether written ar aral, in effect at the time af lass bears to. the periads fram the dates such im- pravements ar betterments were made to. the expiratian date af the lease. ._}:_~frellaired ar replac~d at the expense afother~.!ar the us_e.Q.L the insured,-there shall be no. liability hereunder. B. Baaks af accaunt, manuscripts, abstracts, drawings, card index sys- tems and ather recards (except film, tape, disc, drum, cell and ather magnetic recarding ar starage media far electranic data prac- essing) far nat exceeding the cast af blank baaks, cards ar ather blank material. C. Film, tape, disc, drum, cell and ather magnetic recarding ar star- age media far electronic data pracessing far nat exceeding the cast af such media in unexpased ar blank farm. D. All ather praperty at actual cash value. IX. CONDITIONS A. Permits and Use: Except as atherwise pravided herein, permissian is hereby granted: 1. to. make alteratians and repairs; 2. far such unaccupancy as is usual ar incidental to. the described accupancy but vacancy is limited to. the 60 day periad permit- ted by the pal icy co.nditians; 3. in the event af lass hereunder, to. make reasanable repairs, temparary ar permanent, provided such repairs are canfined salely to. the pratectian af the praperty fram further damage, and pravided further that the insured shall keep an accurate recard af such repair expenditures. The Co.st o.f any such repairs di- rectly attributable to. damage by any peril insured hereunder shall be included in determining the amaunt af lass here- under. Nathing herein cantained is intended to. madify the palicy requirements applicable in case lass accurs, and in par- ticular the requirement that, in case lass accurs, the insured shall pratect the property from further damage. B. Loss. Clause: Any lass hereunder shall no.t reduce the amaunt af this pal icy. C. Mortgage Clause: Applicable to. buildings anly (this entire clause is vaid unless name af martgagee (ar trustee) is inserted in the Declaratians}: Lass, if any, under this palicy, shall be payable to. the martgagee (ar trustee), named an the first page af this Po.licy, as interest may appear under all present ar future mo.rtgages uPo.n the praperty herein described in which the afaresaid may have an interest as martgagee (o.r trustee) in arder af precedence af said martgages, and this insurance as to. the interest af themartgagee (ar trustee) anly therein, shall nat be invalidated by any act ar neglect af the martgagar ar awner af the within described prap- Form MLB-I00 (Ed. 2-71) I erty, nar by any fareclasure ar ather praceedings ar notice af sale relating to. the pro.perty, nar by any change in the title ar awnership af the praperty, nar by the occupatian af the premises far purpases mare hazardo.us than are permitted by this palicy: pravided, that in case the martgagar o.r awner shall neglect to. pay any premium due under this pal icy, the martgagee (ar trustee) shall, an demand, pay the same. Pro.vided also., that the martgagee (ar trustee) shall natify the Campany af any change o.f o.wnership ar accupancy ar increase af hazard which shall came to. the knawledge af said mo.rtgagee (o.r trustee) and, unless permitted by this pal icy, it shall be no.ted thereo.n and the martgagee (o.r trustee) shall, an demand, pay the premium fo.r such increased hazard fo.r the term af the use thereaf, atherwise this pal icy shall be null and vaid. The Cam- pany reserves the right to. cancel this Po.licy at any time as provided by its terms, but in such case this palicy shall cantinue in fo.rce far the benefit o.nly o.f the martgagee (o.r trustee) fo.r ten days after natice to. the mo.rtgagee (ar trustee) o.f such cancellatio.n and shall then cease, and the Campany shall have the right, on like natice, to. cancel this agreement. Whenever the Campany shall pay the martgagee (o.r trustee) any sum far lass under this pal icy, and shall claim that, as to. the martgagar ar owner, no. liability therefo.r existed, the Campany shall to. the extent af such payment, be thereupan legally subra- gated to. all the rights af the party to. who.m such payment shall be made, under all securities held as callateral to. the martgage debt, ar may at its aptian pay to. the martgagee (ar trustee) the whale principal due ar to. graw due o.n the mo.rtgage, with interest accrued and shall thereupan receive a full assignment and transfer af the martgage and af all such ather securities; but no. subro.gatian shall impair the right af the martgagee (ar trustee) to. recaver the full amaunt af said martgagee's (ar trustee's) claim. Pale 4 of 4 I I I $ . SMP LIABILITY INSURANCE FORM SECTION II LIABILITY COVERAGE Form MLB-200 (Ed. 1-73) I. COVERAGE C-BODllY INJURY AND PROPERTY DAMAGE LIABILITY: The Company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies, caused by an occurrence and arising out of the ownership, maintenance or use of the insured premises and all operations necessary or incidental to the business of the named insured conducted at or from the insured premises and the Company shall have the right and duty to defend any suit against the insured seeking damages on account of such bodily injury or property damage, even if any of the allegations of the suit are groundless, false or fraudulent, and may make such investigation and settlement of any claim or suit as it deems expedient, but the Company shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of the Company's liability has been exhausted by payment of judgments or settlements. Exclusions This insurance does not apply (a) to liability assumed by the insured under any contract or agreement except an incidental contract; but this exclusion does not apply to a warranty of fitness or quality of the named insured's products or a warranty that work performed by or on behalf of the named insured will be done in a workmanlike manner; (b) to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of (1) any automobile or aircraft owned or operated by or rented or loaned to any insured, or (2) any other automobile or aircraft operated by any person in the course of his employment by any insured; but this exclusion does not apply to the parking of an automobile on insured premises, if such automobile is not owned by or rented or loaned to any insured; (c) to bodily injury or property damage arising out of (1) the ownership, maintenance, operation, use, loading or unloading of any mobile equipment while being used in any prearranged or organized racing, speed or demolition contest or in any stunting activity or in prac- tice or preparation for any such contest or activity or (2) the opera- tion or use of any snowmobile or trailer designed for use therewith; (d) to bodily injury or property damage arising out of and in the course of the transportation of mobile equipment by an automobile owned or operated by or rented or loaned to any insured; (e) to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of (1) any watercraft owned or operated by or rented or loaned to any insured, or (2) any other watercraft operated by any person in the course of his employment by any insured; but this exclusion does not apply to watercraft while ashore on the insured premises; (f) to bodily injury or property damage arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmos- phere or any water course or body of water; but this exclusion does not apply if such discharge, dispersal, release or escape is sudden and accidental; (g) to bodily injury or property damage arising out of operations on or from premises (other than insured premises) owned by, rented to or controlled by the named insured, or to liability assumed by the insured under any contract or agreement relating to such premises; (h) to bodily injury or property damage for which the insured or his indemnitee may be held liable (1) as a person or organization engaged in the business of manu- facturing, distributing, selling or serving alcoholic beverages, or (2) if not so engaged, as an owner or lessor of premises used for such purposes, Form MLB-200 (Ed. 1-73) if such liability is imposed (a) by, or because of the violation of any statute, ordinance or regulation pertaining to the sale, gift, distribution or use of any alcoholic beverage, or (b) by reason of the selling, serving or giving of any alcoholic beverage to a minor or to a person under the influence of alcohol or which causes or contributes to the intoxication of any person; but part (b) of this exclusion does not apply with respect to liability of the insured or his indemnitee as an owner or lessor described in (2) above; (i) to any obligation for which the insured or any carrier as his insurer may be held liable under any workmen's compensation, unemploy- ment compensation or disability benefits law, or under any similar law; (j) to bodily injury to any employee of the insured arising out of and in the course of his employment by the insured or to any obligation of the insured to indemnify another because of damages arising out of such injury; but this exclusion does not apply to liability assumed by the insured under an incidental contract; (k) to property damage to (1) property owned or occupied by or rented to the insured, (2) property used by the insured, or (3) property in the care, custody or control of the insured or as to which the insured is for any purpose exercising physical control; but parts (2) and (3) of this exclusion do not apply with respect to liability under a written sidetrack agreement and part (3) of this exclusion does not apply with respect to property damage (other than to elevators) arising out of the use of an elevator at premises owned by, rented to or controlled by the named insured; (I) to property damage to premises alienated by the named insured arising out of such premises or any part thereof; (m) to loss of use of tangible property which has not been physically injured or destroyed resulting from (1) a delay in or lack of performance by or on behalf of the named insured of any contract or agreement, or (2) the failure of the named insured's products or work performed by or on behalf of the named i nsu red to meet the level of performance, quality, fitness or durability warranted or rep- resented by the named insured; but this exclusion does not apply to loss of use of other tangible property resulting from the sudden and accidental physical injury to or destruction of the named insured's products or work per- formed by or on behalf of the named insured after such products or work have been put to use by any person or organization other than an insured; (n) to property damage to the named insured's products arising out of such products or any part of such products; (0) to property damage to work performed by or on behalf of the named insured arising out of the work or any portion thereof, or out of materials, parts or equipment furnished in connection therewith; (p) to damages claimed for the withdrawal, inspection, repair, replace- ment, or loss of use of the named insured's products or work com- pleted by or for the named insured or of any property of which such products or work forms a part, if such products, work or property are withdrawn from the market or from use because of any known or suspected defect or deficiency therein; (q) to bodily injury and property damage arising out of demolition op- erations performed by or on behalf of the insured. II. PERSONS INSURED Each of the following is an insured under this insurance to the extent set forth below: (a) if the named insured is designated in the Declarations as an in- dividual, the person so designated but only with respect to the con- duct of a business of which he is the sole proprietor, and the Page 1 of 3 spouse of the named insured with respect to the conduct of such a business; - (b) if the named insured is designated in the Declarations as a partner- ship or joint venture, the partnership or joint venture so designated and any partner or member thereof but only with respect to his liability as such; (c) if the named insured is designated in the Declarations as other than an individual, partnership or joint venture, the organization so designated and any executive officer, member of the board of trustees, directors or governors or stockholder thereof while acting within the scope of his duties as such; (d) any person (other than an employee of the named insured) or or- ganization while acting as real estate manager for the named insured; and (e) with respect to the operation, for the purpose of locomotion upon a public highway, of mobile equipment registered under any motor vehicle registration law, (i) an employee of the named insured while operating any such equipment in the course of his employment, and (ii) any other person while operating with the permission of the named insured any such equipment registered in the name of the named insured and any person or organization legally responsible for such operation, but only if there is no other valid and collectible insurance available, either on a primary or excess basis, to such person or organization; provided that no person or organization shall be an insured under this paragraph (e) with respect to: (1) bodily injury to any fellow employee of such person injured in the course of his employment, or (2) property damage to property owned by, rented to, in charge of or occupied by the named insured or the employer of any person described in subparagraph (ii). This insurance does not apply to bodily injury or property damage arising out of the conduct of any partnership or joint venture of which the insured is a partner or member and which is not designated in this policy as a named insured. III. SUPPLEMENTARY PAYMENTS The Company will pay, in addition to the applicable limit of liability: (a) all expenses incurred by the Company, all costs taxed against the insured in any suit defended by the Company and all interest on the entire amount of any judgment therein which accrues after entry of the judgment and before the Company has paid or tendered or deposited in court that part of the judgment which does not exceed the limit of the Company's liability thereon; (b) premiums on appeal bonds required in any such suit, premiums on bonds to release attachments in any such suit for an amount not in excess of the applicable limit of liability of this policy, and the cost of bail bonds required of the insured because of accident or traffic law violation arising out of the use of any vehicle to which this policy applies, not to exceed $250 per bail bond, but the Company shall have no obligation to apply for or furnish any such bonds; (c) expenses incurred by the insured for first aid to others at the time of an accident, for bodily injury to which this policy applies; (d) reasonable expenses incurred by the insured at the Company's request in assisting the Company in the investigation or defense of any claim or suit, including actual loss of earnings not to exceed $25 per day. IV. LIMITS OF LIABILITY -COVERAGE C Regardless of the number of (1) insureds under this policy, (2) persons or organizations who sustain bodily injury or property damage, or (3) claims made or suits brought on account of bodily injury or property damage, the Company's liability is limited as follows: (a) The total liability of the Company for Coverage C for all damages, including damages for care and loss of services, as a result of any one occurrence shall not exceed the limit of liability for Coverage C as stated in the Declarations provided that with respect to any occurrence for which notice of this policy is given in lieu of security or when this policy is certified as proof of financial responsibility under the provisions of the Motor Vehicle Financial Responsibility Law of any state or province such limit of liability shall be applied to provide the separate limits required by such law for bodily injury liability and property damage liability to the extent of the coverage Form MLB-200 (Ed. 1-73) I required by such law, but the separate application of such limit shall not increase the totallimitofthe Company's liability. (b) Subject to the above provision respecting "each occurrence". the total liability of the Company for all damages because of all bodily injury and property damage which occurs during each annual period while this policy is in force commencing from its effective date and is described in any of the numbered subparagraphs below shall not exceed the limit of liability stated in the Declarations as "aggregate": (1) all property damage arising out of premises or operations rated on a remuneration basis or contractor's equipment rated on a receipts basis, including property damage for which liability is assumed under any incidental contract relating to such premises or operations, but excluding property damage included in sub- paragraph (2) below; (2) all property damage arising out of and occurring in the course of operations performed for the named insured by independent contractors and general supervision thereof by the named in- sured, including any such property damage for which liability is assumed under any incidental contract relating to such opera- tions, but this subparagraph (2) does not include property dam- age arising out of maintenance or repairs at premises owned by or rented to the named insured or structural alterations at such premises which do not involve changing the size of or mov- ing buildings or other structures; (3) all bodily injury and property damage included within the com- pleted operations hazard and all bodily injury and property damage included within the products hazard. Such aggregate limit shall apply separately to the property damage described in subparagraphs (1) and (2) and separately with respect to each project away from the insured premises. Such aggregate limit shall apply separately to the bodily injury and property damage described in subparagraph (3). For the purpose of determining the limit of the Company's liability, all bOdily injury and property damage arising out of continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one occurrence. V. COVERAGE D-PREMISES MEDICAL PAYMENTS: The Company will pay to or for each person who sustains bodily injury caused by accident all reasonable medical expense incurred within one year from the date of the accident on account of such bodily injury, pro- vided such bodily injury arises out of (a) a condition in the insured prem- ises or (b) operations with respect to which the named insured is afforded coverage for bodily injury liability under this policy. Exclusions: This insurance does not apply: (a) to bodily injury (1) arising out of operations on or from premises (other than insured premises) owned by, rented to, or controlled by the named insured; (2) arising out of the ownership, maintenance, operation, use, loading or unloading of (i) any automobile or aircraft owned or operated by or rented or loaned to any insured, or (ii) any other automobile or aircraft operated by any person in the course of his employment by any insured; but this exclusion does not apply to the parking of an auto- mobile on the insured premises, if such automobile is not owned by or rented or loaned to any insured; (3) arising out of (i) the ownership, maintenance, operation, use, loading or unloading of any mobile equipment while being used in any prearranged or organized racing, speed or demoli- tion contest or in any stunting activity or in practice or prepa- ration for any such contest or activity or (ii) the operation or use of any snowmobile or trailer designed for use therewith; (4) arising out of the ownership, maintenance, operation, use, loading or unloading of (i) any watercraft owned or operated by or rented or loaned to any insured, or (ii) any other watercraft operated by any person in the course of his employment by any insured; but this exclusion does not apply to watercraft while ashore on the insured premises; or Page 2 of 3 I I (5) arising out of and in the course of the transportation of mobile equipment by an automobile owned or operated by or rented or loaned to any insured; (b) to bodily injury (1) included within the completed operations hazard or the prod- ucts hazard; (2) arising out of operations performed for the named insured by independent contractors other than (i) maintenance and re- pair of the insured premises or (ii) structural alterations at such premises which do not involve changing the size of or moving buildings or other structures; (3) resulting from the selling, serving or giving of any alcoholic beverage (i) in violation of any statute, ordinance or regula- tion, (ii) to a minor, (iii) to a person under the influence of alcohol or (iv) which causes or contributes to the intoxica- tion of any person, if the named insured is a person or organi- zation engaged in the business of manufacturing, distributing, selling or serving alcoholic beverages or, if not so engaged, is an owner or lessor of premises used for such purposes but only part (i) of this exclusion (b) (3) applies when the named insured is such an owner or lessor; (4) arising out of demolition operations performed by or on behalf of insureds; (c) to bOdily injury (1) to the named insured, any partner therein, any tenant or other person regularly residing on the insured premises or any employee of the foregoing if the bodily injury arises out of and in the course of his employment therewith; (2) to any other tenant if the bodily injury occurs on that part of the insured premises rented from the named insured or to Form MLB.200 (Ed. 1-73) I any employee of such a tenant if the bodily injury occurs on the tenant's part of the insured premises and arises out of and in the course of his employment for the tenant; (3) to any person while engaged in maintenance and repair of the insured premises or alteration, demolition or new construction at such premises; (4) to any person if any benefits for such bodily injury are payable or required to be provided under any workmen's compensation, unemployment compensation or disability benefits law, or under any similar law; (5) to any person practicing, instructing or participating in any phys- icaltraining, sport, athletic activity or contest; (d) to any medical expense for services by the named insured, any em- ployee thereof or any person or organization under contract to the named insured to provide such services. VI. LIMITS OF LIABILITY-COVERAGE D: The limit of liability for Coverage D stated in the Declarations as appli- cable to "each person" is the limit of the Company's liability for all medical expense for bodily injury to anyone person as the result of anyone acci- dent; but subject to the above provision respecting "each person", the total liability of the Company under Premises Medical Payments Coverage for all medical expense for bodily injury to two or more persons as the result of anyone accident shall not exceed the limit of liability stated in the Declarations as applicable to "each accident". When more than one medical payments coverage afforded by this policy applies to the loss, the Company shall not be liable for more than the amount of the highest applicable limit of liability. . I <ID AMENDMENT OF LIMITS OF LIABILITY COVERAGE C-BODIL Y INJURY AND PROPERTY DAMAGE LIABILITY Form MLB.21 (Ed. 1-73) This endorsement rnodifies such insurance as is afforded by the provisions of the policy relating to the following: SMP LIABILITY INSURANCE COMPREHENSIVE GENERAL LIABILITY INSURANCE It is agreed that the pOlicy is amended as follows: 1. The limits of liability stated in the Declarations as applicable to Coverage C-Bodily Injury and Property Damage Liability are amended to read as follows: Bodily Injury Liability s '00 I 000 each Occurrence S JOO,OOOaggregate S , 5, 000 each Occurrence S , J, 0 00 aggregate Property Damage Liability 2. The Limits of Liability provision is replaced by the following: Regardless of the number of (1) insureds under this policy, (2) persons or organizations who sustain bodily injury or property damage, or (3) claims made or suits brought on account of bOdily injury or property damage, the Company's liability is limited as follows: Coverage C-Bodily Injury Liability-The total liability of the Company for all damages, including damages for care and loss of services, because of bodily injury sustained by one or more persons as the result of anyone occurrence shall not exceed the limit of bodily injury liability stated as applicable to "each occurrence". Subject to the above provisions respecting "each occurrence" the total liability of the Company for all damages because of (1) all bOdily injury included within the completed operations hazard and (2) all bodily injury included within the products hazard shall not exceed the limits of bodily injury liability stated as "aggregate". Coverage C-Property Damage Liability-The total liability of the Company for all damages because of all property damage sustained by one or more persons or organizations as the result of anyone Occurrence shall not exceed the limit of property damage liability stated as applicable to "each occurrence". Subject to the above provision respecting "each occurrence", the total liability of the Company for all damages because of all property damage to which this coverage applies and described in any of the numbered subparagraphs below shall not exceed the limit of property damage liability stated as "aggregate". (1) all property damage arising out of premises or operations rated on a remuneration basis or contractors equipment rated on a receipts basis, in- cluding property damage for which liability is assumed under any incidental contract relating to such premises or operations, but excluding property damage included in subparagraph (2) below; (2) all property damage arising out of and occurring in the course of operations performed for the named insured by independent contractors and general supervision thereof by the named insured, including any such property damage for which liability is assumed under any incidental con- tract relating to such operations, but this subparagraph (2) does not include property damage arising out of maintenance or repairs at premises owned by or rented to the named insured or structural alterations at such premises which do not involve changing the size of or moving build- ings or other structures: (3) all property damage included within the products hazard and all property damage included within the completed operations hazard. Such aggregate limit shall apply separately to the property damage described in subparagraphs (1), (2) and (3) above; and under subparagraphs (1) and (2), separately with respect to each project away from premises owned by or rented to the named insured. Bodily Injury and Property Damage Liability-For the purpose of determining the limit of the Company's liability, all bodily injury and property damage arising out of continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one Occurrence. 3. With respect to any occurrence for which notice of this policy is given in lieu of security or when this policy is certified as proof of financial responsibil- ity for the future under the provisions of any motor vehicle financial responsibility law, such insurance as is. afforded by this policy for bodily injury liability or for property damage liability shall comply with the provisions of such law to the extent of the coverage and limits of liability required by such law. The insured agrees to reimburse the company for any payment made by the company which it would not have been obligated to make under the terms of this policy except for the agreement contained in this paragraph. Form MLB.21 (Ed. 1-73) I 1 lft\ \1.1I EXCL USION ENDORSEMENT (Named Insured's Completed Operations and Products Hazards) Form MLB-231 (Ed. 10-(6) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: SMP LIABILITY INSURANCE COMPREHENSIVE GENERAL LIABILITY INSURANCE It is agreed that the insurance does dot apply to: (a) bodily injury or property damage arising out of (1) the named insured's products, or (2) reliance upon a representation or warranty made with respect thereto if the bodily injury or property damage occurs after physical possession of such products has been relinquished to others whether such bodily injury or property damage occurs on premises owned by or rented to the named insured or elsewhere; (b) to bodily injury or property damage included within the completed operations hazard. This Endorsement must be attached to Change Endorsement MLB-20 when issued after the Policy is written. Form MLB-231 (Ed. 10-66) I I ?ft\ "W This endorsement modifies CLUBS ENDORSEMENT Form MLB-246 (Ed. 10-66) such insurance as is afforded by the provisions of the policy relating to the following: SMP LIABILITY INSURANCE SCHEDULE Description of Premises CLUI- '111 FtGHTERS ASSOCIATION D Saddle Animals D Watercraft It is agreed that with respect to the operation of any Club located at the premises described above: 1. Persons Insured. The Persons Insured provision is amended to include as an insured any member of the named insured, but only with respect to his liability for activities of the named insured or activities performed by such member on behalf of the named insured, except while practicing for or participating in any game or sport. 2. Saddle Animals. The insurance does not apply to bodily injury or property damage arising out of the use of the . named insured's saddle animals unless an "x" is entered in the schedule of this endorsement opposite "Saddle Animals". If an "x" is entered therein, the "Persons Insured" provision also includes with respect to such coverage any person or organization legally responsible for the use of the named insured's saddle animals, provided the actual use thereof is by the named insured or with his permission; but this paragraph does not apply to saddle animals while rented to any person or organization other than a member or guest. As used herein "named insured's saddle animals" means saddle animals owned or used by or rented to the named insured or rented to others by or through the named insured. 3. Watercraft. The insurance does not apply to bodily injury or property damage arising out of the use of the named insured's watercraft unless an "x" is entered in the schedule of this endorsement opposite "Watercraft". If an "x" is entered therein the insurance applies except while the named insured's watercraft is used to carry any person other than a member or guest for a charge or is rented to any perS<Jn or organization other than a member or guest, and the "Persons Insured" provision also includes with respect to such coverage any person or organization using or legally responsible for the use of the named insured's watercraft, provided the actual use thereof is by the named insured or with his permission. As used herein, "named insured's watercraft" means (1) watercraft owned or used by or rented to the named insured or rented to others by or through the named insured or (2) any other watercraft powered in whole or in part by an outboard motor owned or used by or rented to the named insured or rented to others by or through the named insured. 4. Products Hazard Redefined. The term "products hazard" includes bodily injury and property damage arising out of the named insured's products and occurring after physical possession thereof has been relinquished to others. This definition shall be used (a) in applying the exclusion stated elsewhere in the policy as applicable to bodily injury or prop- erty damage included within the products hazard or (b) if no such exclusion applies in applying the aggregate limits of liability applicable to such bodily injury or property damage. 5. Malpractice and Professional Services. The insurance does not apply to bodily injury or property damage due to the rendering of or failure to render any cosmetic, tonsorial, massage, physiotherapy, chiropody, hearing aid, optical or optometrical services or treatments unless this exclusion is stated in the schedule of this endorsement to be inapplicable. 6. Athletic Contests. The insurance does not apply to bodily injury or property damage arising out of any contest or exhibition of an athletic or sports nature conducted away from premises owned by or rented to the named insured. This Endorsement must be attached to Change Endorsement MLB-20 when issued after the Policy is written. Form MLB.246 (Ed. 10-66) I .?ft\ ',1.1I FLORIDA AMENDATORY ENDORSEMENT Form MLB-56 (Ed. 7-69) FLORIDA Subject to all the provisions and stipulations otherwise applicable to Section I, this policy is amended as follows: I. The Coinsurance Clause appearing in this policy under Section I is amended to include the following: Coinsurance Contract: The rate charged in this policy is based upon use of a Coinsurance Clause attached hereto, with the consent of the insured. II. Loss Deductible Clause No. I, applicable to perils of windstorm and hail, in such of Forms MLB-100, MLB-lOl, MLB- 102, and MLB-I03 as made a part of this policy, is superseded and replaced by the following clauses, applicable as indi- ca ted: A. Applicable to All Dwellings (except Dwellings located in Monroe County), and to All Other Properties not located in the areas set forth in Paragraphs B, C, or D immediately below: With respect to loss by windstorm or hail to buildings (or structures) including their personal property, or to per- sonal property if buildings (or structures) are not covered, and to personal property in the open, the Company shall be liable only when such loss in each occurrence exceeds $100. \Vhen loss is between $100 and $500, the Company shall be liable for 125% of loss in excess of $100; and when loss is $500 or more, this deductible shall not apply. B. Applicable to All Properties (except Dwellings) located East of .the West Bank of the Inter-Coastal Waterway in Broward, Indian River, Martin, Palm Beach and St. Lucie Counties (including properties located on Keys or Islands in the aforementioned counties): In consideration of the rate of premium at which this policy is written, liability hereunder does not cover or become insurance against that portion of loss by anyone windstorm or hailstorm which shall be less than an amount deter- mined by using the following percentages of the actual cash value of the subject of insurance covered hereunder at the time of such loss: I % of the first $1,000,000, or fraction thereof, plus y, % of the next $2,000,000, or fraction there- of, plus %% of values in excess of $3,000,000; howe\"Cr, in no event shall the amount thus established be less than $100 nor more than $25,000. This condition shall apply (1) separately to each building, if two or more buildings be covered hereunder, and (2) separately to building and separately to personal property. if a building and its personal property be covered here- under, and (3) separately to the personal property of each building, if the personal property of two or more build- ings be covered hereunder, and (4) separately to personal property in the open; whether such insurance be written under specific schedule or under blanket form. C, Applicable to All Properties (except Dwellings) located East of the \Vest Bank of the Inter-Coastal \Naterway in Dade County, (including properties located on Keys or Islands in Dade County): In consideration of the rate of premium at which this policy is \uitten, liability hereunder does not cover or become insurance against that portion of loss by anyone windstorm or hailstorm which shall be less than an amount deter- mined by using the following percentages of the actual cash value of the subject of insurance covered hereunder at the time of such loss: 2% of the first $2,000,000 or fraction thereof, plus 1.6% of the next $2,000,000 or fraction thereof, plus 1.2% of the next $2,000,000 or fraction thereof, plus 0.8% of the next $2,000,000 or fraction thereof, plus 0.4% of the next $2,000,000 or fraction thereof; however, in no even t shall the amoun t thus established be less than $1,000 nor more than $120,000. This condition shall apply (1) separately to each building, if two or more buildings be covered hereunder, and (2) separately to building and separately to personal property if a building and its personal property be covered here- under, and (3) separately to the personal property of each building, if the personal property of two or more buildings be covered hereunder, and (4) separately to personal property in the open; whether such insurance be written under specific schedule or under blanket form. D. Applicable to All Properties located in :Monroe County: In event of loss caused by windstorm or hail, the Company shall be liable for only _% of the amount of the loss in excess of $ ; subject, however, to all other terms and conditions of this policy. This provision shall apply (I) separately to each building or structure, if two or more buildings or structures be covered hereunder, and (2) separately to building and separately to personal property, if a building and its personal property be covered hereunder, and (3) separately to the personal property of each building, if the personal property of two or more build- ings be covered hereunder, and (4) separately to personal property in the open, and (5) separately to all screening and supports except window and door screens; whether such insurance be written under specific schedule or under blanket form. III. Loss Deductible Clause No.2 in Form MLB-100 as made a part of this policy is superseded and replaced by the follow- ing clause, which is also added to and made a part of Form MLB-I02: With respect to loss by any of the perils insured against other than fire, lightning, windstorm or hail, the Company shall be liable only when such loss in each occurrence exceeds $50. When loss is between $50 and $500, the Company shall be liable for III % of loss in excess of $50; and when loss is $500 or more, this deductible provision shall not apply. IV. Deductible Clause provision VII-B in Form MLB-100 as made a part of this policy does not apply. V. The Special Loss Deductible Clause in Form MLB-lOl, as made a part of this policy. is superseded and replaced by the following Special Loss Deductible Clause: Special Loss Deductible Clause: \\lith respect to loss by any of the perils of explosion, smoke, \"Chicles, aircraft, riot, riot attending a strike, and civil commotion, and vandalism and malicious mischief, as insured against under this form, the Company shall be liable only when such loss exceeds $50. \\'hen loss is between $50 and $500, the Company shall be liable for 1 11% of loss in excess of $50; and when loss is $500 or more, this deductible provision shall not apply. With respect to loss by any of the perils insured against under this form other than fire, lightniug, explosion, smoke, vehicles, aircraft, riot, riot attending a strike, and civil commotion, windstorm or hail, and vandalism and malicious mischief, the Company shall be liable only when such loss in each occurrence exceeds $100. \Vhen loss is between $100 and $500, the Company shall be liable for 125% of loss in excess of $100; and when loss is $500 or more, this deductible provision shall not apply. VI. The Special Loss Deductible Clause in Form MLB-103, as made a part of this policy, is superseded and replaced by the following Special Loss Deductible Clause: Special Loss Deductible Clause: With respect to loss by any of the perils of explosion, smoke, vehicles, aircraft, riot, riot attending a strike, and civil commotion, and vandalism and malicious mischief, as insured against under this form, the Company shall be liable only when such loss exceeds $50. When loss is between $50 and $500, the Company shall be liable for 1 I I % of loss in excess of $50; and when loss is $500 or more, this deductible provision shall not apply. Form MLB-56 (Ed. 7-69) FLORIDA Page 1 of 2 The--sum--of $500 shallbe_de9.ucted from the amount of loss in anyone occurrence resulting from any peril other than fire, lightning, explosion, smoke; vehiCTes,Haircraft, riot,riot. attending a strike, and civil commotion, windstorm or hail, and vandalism and malicious mischief. This deductible shall apply separately to each building or structure (including its personal property) and separately to personal property in the open. VII. The provision relating to Loss Deductible Clause No. 2 in Vandalism and lvIalicious Mischief Endorsement, Form MLB-121, as made a part of this policy, is superseded and replaced by the following provision: Loss Deductible Clause No.2 applies to the coverage afforded by this endorsement. VIII. The Windstorm and Hailstorm Deductible Clause in Form MLB-128, as made a part of this policy, is superseded and replaced by the following Clause: Windstorm and Hailstorm Deductible Clause: The sum of $100 shall be deducted from the amount of loss resulting from each windstorm or hailstorm. This deductible shall apply separately to each outdoor sign. IX. Windstorm, Exterior Paint and Waterproofing Exclusion Clause: Applicable only to properties located in the counties of Broward, Dade, Martm, Monroe and Palm Beach, and in all areas East of the \Vest Bank of the Inter-Coastal \Vater- way in the Counties of Indian River and St. Lucie - It is hereby stipulated that coverage under this policy does not include damage caused in any manner by \vindstorm to paint or waterproofing material, applied to the exterior of the buildings or strnctures covered hereunder. The value of paint or waterproofing material, being excluded hom the cover- age as above stated, shall not be considered in the determination of actual cash value when applying any Coinsurance Clause applicable to loss from windstorm. Form MLB-56 (Ed. 7-69) FLORIDA Page 2 of 2 I .. . . ._~, ...... .,. ~..--,--'-~ -..,'........-"--. . - .......-..--.,-.-------- . .'.~-,,~. '-""'-'-','-~-"-~--" ,,-- ---....---. "" -".....- .---.., (,f: .I,'.j ;,~l;'l .1AlYflJIJ iH ll'i .-l.lii.U:1?i!AY:i'i, J . "...""""'....----..- ...-......--'''.,. "-lP~""..- _..,....,.,......----~....." _'-'_J SPECIAL MULTI.PERIL POLICY PROVISIONS PART ONE I THE FOLLOWING PROVISIONS APPLY TO SECTIONS I AND II A. WAR RISK AND GOVERNMENTAL ACTION EXCLUSION: Under Section I as respects peri Is other than fire (which is otherwise provided for on Page 2 of this policy) and under Section II as respects liability assumed by the insured under any incidental contract or as to first aid or medical expense, this policy shall not apply to loss, bodily injury, or property damage caused, directly or indirectly, by or due to any act or condition incident to the following: L hostile or warlike action in time of peace or war, including action in hindering, combating or defending against an actual, impending or expected attack, (a) by any government or sovereign power (de jure or de facto), or by any authority maintaining or using military, naval or air forces; or (b) by military, naval or air forces; or (c) by an agent of any such government, power, authority or forces, it being understood that any discharge, explosion or use of any weapon of war em- ploying nuclear fission or fusion shall be conclusively presumed to be such a hostile or warlike action by such a government, power, authority or forces; 2. insurrection, rebell ion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating or defending against such an occurrence; seizure or destruction under quarantine or custom's regulations, con. fiscation by order of any government or pub I ic authority, or risks of contraband or illegal transportation or trade. B. LIBERALIZATION CLAUSE: If during the period that insurance is in force under this policy, or within 45 days prior to the inception date thereof, on behalf of the Com. pany there be adopted, or filed with and approved. or accepted by the insurance supervisory authorities, all in conformity with law, any changes in the form attached to this policy by which this form of insurance could be extended or broadened with- out increased premium charge by endorsement or substitution of form, then such extended or broadened insurance shall inure to the benefit of the insured hereunder as though such endorsement or substitution of form had been made. C. INSPECTION AND AUDIT: The Company shall be permitted but not obligated to in- spect the named insured's property and operations at any time. Neither the Company's right to make inspections nor the making thereof nor any report thereon shall consti- tute an undertaking, on behalf of or for the benefit of the named insured or others, to determine or warrant that such property or operations are safe or healthful, or are in compliance with any law, rule or regulation. The Company may examine and audit the named insured's books and records at any time during the policy period and extensions thereof and within three years after the final termination of this policy, as far as they relate to the subject matter of this insurance. D. CANCELLATION (Not applicable in the States of Massachusetts and Minnesota): The words "five days" in the cancellation prOVision on Page 2 of the policy are deleted and the words "ten days" are substituted therefor. E. SUBROGATION: In the event of any payment under this policy, the Company shall be subrogated to all the insured's rights of recovery therefor against any person or organization and the insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The insured shall do nothing after loss to prejudice such rights. F. CONFORMITY WITH STATUTE: The terms of this policy and forms attached hereto which are in contlict with the statutes of the state wherein this policy is issued are hereby amended to conform to such statutes. G. POLICY PERIOD, TERRITORY: L Section I of this policy applies only to loss to property during the policy period while such property is within the fifty states of the United States of America and the District of Columbia. 2. Section II of this policy applies only to bodily injury or property damage which oc- curs during the policy period within the policy territory; "policy territory" means: a, the United States of America, its territories or possessions, or Canada, or b. international waters or air space, provided the bodily injury or property dam- age does not occur in the course of travel or transportation to or from any other country, state or nation, or c. anywhere in the world with respect to damages because of bodily injury or property damage arising out of a product which was sold for use or consump- tion within the territory described in paragraph a. above, provided the original suit for such damages is brought within such territory. H. TIME OF INCEPTION: To the extent that coverage in this policy replaces coverage in other policies terminating at 12:01 A.M. (Standard Time) on the inception date of this policy, this policy shall be effective at 12:01 A.M. (Standard Time) instead of at Noon Standard Time. THE FOLLOWING PROVISIONS APPLY TO SECTION I A. NUCLEAR CLAUSE: The word "fire" in this policy is not intended to and does not embrace nuclear reaction or nuclear radiation or radioactive contamination, all whether controlled or uncontrolled, and loss by nuclear reaction or nuclear radiation or radioactive contamination is not intended to be and is not insured against by this policy, whether such loss be direct or indirect, proximate or remote, or be in whole or in part caused by, contributed to, or aggravated by "fire" or any other perils in- sured against by this policy; however, subject to the foregoing and all provisions of this policy, direct loss by "fire" resulting from nuclear reaction or nuclear radiation or radioactive contamination is insured against by this policy. B. NUCLEAR EXCLUSION: Loss by nuclear reaction or nuclear radiation or radioactive contamination, all whether controlled or uncontrolled, or due to any act or condition incident to any of the foregoing is not insured against by this policy, whether such loss be direct or indirect, proximate or remote, or be in whole or in part caused by, contributed to, or aggravated by any of the perils insured against by this policy; and nuclear reaction or nuclear radiation or radioactive contamination, all whether con- trolled or uncontrolled, is not "explosion" or "smoke". This clause applies to all perils insured against hereunder except the perils of fire and lightning, which are otherwise provided for in the Nuclear Clause above. C. NO CONTROL: This insurance shall not be prejudiced: L by any act or neglect of the owner of any building if the insured is not the owner thereof, or by any act or neglect of any occupant (other than the insured) of any building, when such act or neglect of the owner or occupant is not within the control of the insured, or 2. by failure of the insured to comply with any warranty or condition contained in any form or endorsement attached to this policy with regard to any portion of the premises over which the insured has no control. D. PROTECTIVE SAFEGUARDS: It is a condition of this insurance that the insured shall maintain so far as is within his control such protective safeguards as are set forth by endorsement hereto. Failure to maintain such protective safeguards shall suspend this insurance, only as respects the location or situation affected, for the time of such discontinuance. E. IMPAIRMENT OF RECOVERY: Except as noted below, the Company shall not be bound to pay any loss if the insured shall have impaired any right of recovery for loss to the property insured; however it is agreed that: 1. as respects property while on the premises of the insured, permission is given the insured to release others in writing from liability for loss prior to loss, and such release shall not affect the right of the insured to recover hereunder, and 2. as respects property in transit, the insured may, without prejudice to this insur- ance, accept such bills of lading, receipts or contracts of transportation as are ordinarily issued by carriers containing a limitation as to the value of such goods or merchandise. F. OTHER INSURANCE: 1. Loss by fire or other perils not provided for in 2. below: If at the time of the loss, there is other insurance available to the insured or any other interested party covering such loss or wh ich would have covered such loss except for the existence of this insurance, then the Company shall be liable as follows: a. If such insurance is Contributing Insurance, defined as any insurance written in the name of the insured, upon the same plan, terms, conditions and provi- sions as contained in this policy whether collectible or not, the Company shall be liable for no greater proportion of any loss than the limit of liability under this policy bears to the whole amount of insurance covering such property. Page 3 "'. .Auto.tJuJJen INSURANCE COMPANY Lansing, Michigan 48903 SPECIAL MUL TI- PERIL POLICY 1715 (1-73) w- \~.. (\. (,. Ie ',', ,C.) Insert Declarations Page (Part Twot Form and Endorsements here so that e4e butts against fold of Contract. b. If such insurance is Specific Insurance, defined as any insurance other than that described as Contributing Insurance in a. above, the Company shall not be liable for any loss hereunder until the liability of such Specific Insurance has been exhausted, and then shall cover only such amount as may exceed the amount due from such Specific Insurance (whether collectible or notl after application of any contribution, coinsurance, average or distribution or other clauses contained in policies of such Specific Insurance affecting the amount collectible thereunder, not exceeding however, the applicable limit of liability under this policy. 2. Loss by burglary, robbery or theft or loss of personal property covered on an un- specified peril basis: Insurance under this policy shall apply as excess insurance I. REPORT TO POLICE: When either a loss or occurrence takes place, the insured over any other valid and collectible insurance which would apply in the absence shall give notice thereof to the proper police authority if loss or occurrence is due of this policy. to a violation of a law. THE FOLLOWING PROVISIONS APPLY TO SECTION " [ I ~ I ~ A. MODIFICATION OF TERMS: Provisions on Page 2, other than those pertaining to waiver, cancellation and concealment and fraud, do not apply. B. FINANCIAL RESPONSIBILITY LAWS: When this policy is certified as proof of finan. cial responsibility for the future under the provisions of any motor vehicle financial responsibility law, such insurance as is afforded by this policy for bodily injury liability or for property damage liability shall comply with the provisions of such law to the extent of the coverage and limits of liability required by such law. The insured agrees to reimburse the Company for any payment made by the Company which it would not have been obligated to make under the terms of this policy except for the- agreement contained in this paragraph. C. PREMIUM: All premiums for this insurance shall be computed in accordance with the Company's rules, rates, rating plans, premiums and minimum premiums applicable to the insurance afforded herein. Premium designated in this policy as "provisional premium" is a deposit premium only which shall be credited to the amount of the earned premium due at the end of the policy period. At the close of each annual period (or part thereof terminating with the end of the policy period), the earned premium shall be computed for such period and, upon notice thereof to the named insured, shall become due and payable. If the total earned premium for the policy period is less than the premium previously paid, the Company shall return to the named insured the unearned portion paid by the named insured. The named insured shall maintain records of such information as is necessary for premium computation, and shall send copies of such records to the Company at the end of the policy period and at such times during the policy period as the Company may direct. D. INSURED'S DUTIES IN THE EVENT OF OCCURRENCE, CLAIM OR SUIT: 1. In the event of an occurrence, written notice containing particulars sufficient to identify the insured and also reasonably obtainable information with respect to the time, place and circumstances thereof, and the names and addresses of the in- jured and of available. witnesses, shall be given by or for the insured to the Company or any of its authorized agents as soon as practicable. 2. If claim is made or suit is brought against the insured, the insured shall imme. diately forward to the Company every demand, notice, summons or other process received by him or his representative. 3. The insured shall cooperate with the Company and, upon the Company's request, assist in making settlements, in the conduct of suits and in enforcing any right of contribution or indemnity against any person or organization who may be liable to the insured because of injury or damage with respect to which insurance is afforded under this policy; and the insured shall attend hearings and trials and assist in securil}g and giving evidence and obtaining the attendance of witnesses. The insured shall not, except at his own cost, voluntarily make any payment, assume any obligation or incur ~ny expense other-than-rer first aid to others at the time of acciclem:---/ E. MEDteAlREPoRTS, PROOF AND PAYMENT OF CLAIM - COVERAGE D: As soon as practicable the injured person or someone on his behalf shall give to the Company written proof of claim for medical expense, under oath if required, and shall, after each request from the Company, execute authorization to enable the Company to ob- tain medical reports and copies of records. The injured person shall submit to physical examination by physicians selected by the Company when and as often as the Com- pany may reasonably require. The Company may pay the injured person or any person or organization rendering the services and the payment shall reduce the amount payable hereunder for such injury. Payment hereunder shall not constitute an admis- sion of liability of any person or, except hereunder, of the Company. F. OTHER INSURANCE: This insurance is primary insurance, except when stated to apply in excess of or contingent upon the absence of other insurance. When this insur- ance is primary and the insured has other insurance which is stated to be applicable to the loss on an excess or contingent basis, the amount of the Company's liability under this f)olicy shall not be reduced by the existence of such other insurance. When both this insurance and other insurance apply to the loss on the same basis, whether primary, excess or contingent, the Company shall not be liable under this policy for a greater proportion of the loss than that stated in the applicable con. tribution provision below: 1. Contribution by Equal Shares: If all of such other valid and collectible insurance provides for contribution by equal shares, the Company shall not be liable for a Page 4 ... .' ~.....~ 3. When loss under this policy is subject to a deductible, the Company shall not be liable for more than its pro rata share of such loss in excess of the deductible amount. G. NO BENEFIT TO BAILEE: This insurance shall in no wise inure directly or indirectly to the benefit of any carrier or other bailee for hire. H. LOSS PAYABLE CLAUSE: Loss if any, shall be adjusted with the named insured and shall be payable to him unless other payee is specifically named hereunder. greater proportion of such loss than would be payable if each insurer contributes an equal share until the share of each insurer equals the lowest applicable limit of liability under anyone policy or the full amount of the loss is paid, and with respect to any amount of loss not so paid the remaining insurers then continue to contribute equal shares of the remaining amount of the loss until each such insurer has paid its limit in full or the full amount of the loss is paid. 2. Contribution by Limits: If any of such other insurance does not provide for con- tribution by equal shares, the Company shall not be liable for a greater proportion of such loss thanthe applicable limit of liability under this policy for such loss bears to the total applicable limit of liability of all valid and collectible insurance against such loss. G. ACTION AGAINST COMPANY: No action shall lie against the Company unless, as a condition precedent thereto, there shall have been full compliance with all of the terms of this policy, nor until the amount of the insured's obligation to pay shall have been finally determined either by judgment against the insured after actual trial or by written agreement of the insured, the claimant and the Company. Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this policy to the extent of the insurance afforded by this policy. No person or organiza- tion shall have any right under this policy to join the Company as a party to any action against the insured to determine the insured's liability, nor shall the Company be impleaded by the insured or his legal representative. Bankruptcy or insolvency of the insured or of the insured's estate shall not relieve the Company of any of its obi igations hereunder. H. NUCLEAR EXCLUSION: 1. This policy does not apply: a. Under any Liability Coverage, to bodily injury or property damage (1) with respect to which an insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insur. ance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (2) resulting from the hazardous properties of nuclear material and with re- spect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. b. Under any Medica/Payments Coverage, or under any Supplementary Payments provision relating to first aid, to expenses incurred with respect to bodily in- jury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. c. Under any liability Coverage, to bodily injury or property damage resulting from the hazardous properties of nuclear material, if (1) the nuclear material (a) is at any nuclear facility owned by, or operated by or on behalf of, an insured or (b) has been discharged or dispersed there- from; (2) the nuclear material is contained in spent fuel or waste at any time pos- sessed, handled, used, processed, stored, transported or disposed of by or on behalf of an insured; or (3) the bodily injury or property damage arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such faCility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to property damage to such nuclear facility and any property thereat. 2. As used in this provision: "hazardous properties" include radioactive, toxic or explosive properties; "nuclear material" means source material, special nuclear material or byproduct material; "source material", "special nuclear material", and "byproduct material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; "waste" means any waste material (1) containing byproduct material and (2) resulting from the operation by any person or organization of any nuclear facility included within the definition I nuclear facility under para- graph a. or b. thereof; "nuclear facility" means a. any nuclear reactor, b. any equipment or device designed or used for (1) separating the isotopes oY · uranium or plutonium, (2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste, c. any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists Oft cOr contains more than 25 grams of plutonium or uranium 233 or any comb in ion thereof, or more than 250 grams of uranium 235, d_ any structure, basin, excavation, premises or place prepared or used for the .. storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; "nuclear re- actor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material; "property damage" includes all forms of radioactive contamination of property. DEFINITIONS - SECTION II When used in the provIsions applicable to Section II of this policy (including endorsements forming a part hereof): "automobile" means a land motor vehicle, trailer or semi-trailer designed for travel on public roads !including any machinery or apparatus attached thereto), but does not include mobile equipment; "bodily injury" means bodily injury, sickness or disease sustained by any person which occurs during the policy period, including death at any time resulting therefrom; "completed operations hazard" includes bodily injury and property damage arising out of operations or reliance upon a representation or warranty made at any time with respect thereto, but only if the bodily injury or property damage occurs after such operations have been completed or abandoned and occurs away from premises owned by or rented to the named insured. "Operations" include materials, parts or equipment furnished in connection therewith. Operations shall be deemed completed at the earliest of the following times: (1) when all operations to be performed by or on behalf of the named insured under the contract have been completed, (2) when all operations to be performed by or on behalf of the named insured at the site of the operations have been completed, or (3) when the portion of the work out of which the injury or damage arises has been put to its intended use by any person or organization other than another con- tractor or subcontractor engaged in performing operations for a principal as a part of the same project. Oper~tions which may require further service or maintenance work, or correction, repair or replacement because of any defect or de.ficiency, but which are otherwise complete, shall be deemed completed. The completed operations hazard does not include bodily injury or property dam- age arising out of (1) operations in conne.ction with the transportation of property, unless the bodily injury or property damage arises out of a condition in or on a yehicle creat~d by the loading or unloading thereof, (2) the existence of tools, un- Installed equipment or abandoned or unused materials, or (3) operations for which the classification stated in the policy or in the Company's manual specifies "including completed operations"; "elevator" means any hoisting or lowering device to connect floors or landings, whether or not in service, and all appliances thereof including any car, platform, shaft, hoistway, stairway, runway, power equipment and machinery; but does not include an automobile servicing hoist, or a hoist without a platform outside abuilding if without mechanical power or if not attached to building walls, or a hod or ma- terial hoist used in alteration, construction or demolition operations, or an inclined conveyor used exclusively for carrying property or a dumbwaiter used exclusively for carrying property and having a compartment height not exceeding four feet; "incidental contract" means any written (1) lease of premises, (2) easement agree- ment, except in connection with construction or demolition operations on or adjacent to a railroad, (3) undertaking to indemnify a municipality required by municipal or. dinance, except in connection with work for the municipality, (4) sidetrack agreement, or (5) elevator maintenance agreement; STATE EXCEPTIONS NORTH DAKOTA: The words "twelve months" in line 161 are changed to "thirty-six months". "insured" means any person or organization qualifying as an insured in the "Persons Insured" provision of the applicable insurance coverage. The insurance afforded applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability; "insured premises" means (1) the premises designated in the Declarations, (2) premises alienated by the named insured (other than premises constructed for sale by the named insured), if possession has been relinquished to others, and (3) premises as to which the named insured acquires ownership or control and reports his inten- tion to insure such premises under this policy and no other within 30 days after such acquisition; and includes the ways immediately adjoining such premises on land; "medical expenses" means expenses for necessary medical, surgical, x-ray and dental services, including prosthetic devices and necessary ambulance, hospital, professional nursing and funeral services; "mobile equipment" means a land vehicle (including any machinery or apparatus attached thereto), whether or not self-propelled, (1) not subject to motor vehicle registration, or (2) maintained for use exclusively on premises owned by or rented to the named insured, including the ways immediately adjoining, or (3) designed for use principally off public roads, or (4) designed or maintained for the sole purpose of affording mobility to equipment of the following types forming an integral part of or permanently attached to such vehicle: power cranes, shovels, loaders, diggers and drills; concrete mixers (other than the mix-in-transit type); graders, scrapers, rollers and other road construction or repair equipment; air-compressors, pumps and gen- erators, including spraying, welding and building cleaning equipment; and geophysical exploration and well servicing equipment; "named insured" means the person or organization named in Item 1 of the Declara- tions of this pol icy; "named insured's products" means goods or products manufactured, sold, handled or distributed by the named insured or by others trading under his name, including any container thereof (other than a vehicle), but "named insured's products" shall not include a vending machine or any property other than such container, rented to or located for use of others but not sold; "occurrence" means an accident, including continuous or repeated exposure to conditions, which results in bodily injury or property damage neither expected nor intended from the standpoint of the insured; "products hazard" includes bodily injury and property damage arising out of the named insured's products or reliance upon a representation or warranty made at any time with respect thereto, but only if the bodily injury or property damage occurs away from premises owned by or rented to the named insured and after physical possession of such products has been relinquished to others; "property damage" means (1) physical injury to or destruction of tangible property which occurs during the policy period, including the loss of use thereof at any time resulting therefrom, or (2) loss of use of tangible property which has not been phys- ically injured or destroyed provided such loss of use is caused by an occurrence during the policy period. MUTUAL POLICY CONDITIONS This policy is issued by a mutual Company having special regulations lawfully applicable to its organization, membership, policies or contracts of insurance, of which the following shall apply to and form a part of this policy: By virtue of this policy, the policyholder is a member of the Company and is entitled to vote, in person or by proxy, at all meetings of the Company. The annual meetings of the Company are held at its home office in the city of lansing, Michigan, on the second Monday in May in each year, at 10:00 o'clock A. M. This policy is Nonassessable. The holder of this policy is not subject to any contingent liability, nor liable to assessment. Don't fail to notify Company immediately of accident or loss covered by this policy. Page 5