SPECIAL MULTI-PERIL MEMORANDUM OF INSURANCE (2)
DECLARATIONS
PART TWO
Auto - Owners Insurance Company
I LANSING, MICHIGAN 48903 I
SPECIAL i UL TI-PERIL MEMORANDUM OF INlURANCE
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AGENCY MUTUAL INSURAI'.CE AGENCY, INC. 12005 CITY C ~ARWATER
POLICY POLICY TERM
NUMBER 754112 20213729 3 13 75 13 13 78
NOON STANDARD TIME AT
INSURED CLEARWATER FIRE FIGHTERS ASSOCIATION LOCATION OF INSURED PROPERTY
STREET LOCAL 1158 l.A.F.F. Provisional Premium: $ 273.
CITY & 306" S-EMINOLE 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
[i1 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 properly 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 Lac. Na. Bldg. No. Lac. Na. Bldll. Na. Lac. Na. Bldll. Na.
Applicable 1 1
Cov. A-Building(s) 80 $ 10.000 $ $
Cov. B-Personal Properly 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 Amou nt $ 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 Properly Damage Liability $ SEE HLB 21 each occurrence 1$ aggregate
Cov. D-Premises Medical Payments $ NIL each person 1$ each accident
Add'!. Cov; (Specify)
$ $ $
SECTION 11I- CRIME COVERAGE 0 Limits as stated in the endorsement, made part of this Policy, if indicated by [2<].
"~.m. CITY OF CLEARWATER
~! . -Peet
Cily & State CLEARWATER. FL Zip Code
Forms and Endorsements made part of this Policy MLB 100(2-71) 121(3-71) 200,21(1-73) 231,246(10.-66)
at time of issue: <Insert No. and Edition Date) 5&(7-69) Z 6110(A-O)
, /.
Date of Issue Countersigned by /k~~ /J~L~~zr-
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)
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This entire policy Ihall be void if, whether
before or after a tss, the insured has wil-
fully concealed or misrepresented any ma:
terial fact or circumstance concerning thiS Insurance or t~
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; (i) 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 occurring
(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 fire only.
Other perils Any other peril to be insured against or sub-
or subjects. 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
interests 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-
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
'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 Requirements 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 lOIS, 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.
1 4 1 Company's
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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
I
COiINSURANCE CONTRACT
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Form MLB-100
(Ed. 2-71)
(tt}
SMP GENERAL PROPERTY FORM
SECTION I - PROPERTY COVERAGE
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
cluding 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 _ BUlLDING(S) 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 swimming 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. Llghtnmg. 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 (other 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
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'I!ell JO PU!M
I
and Coverage B - Persona' Property to cover trees, shrubs and plants
at the described location against direct loss in anyone occurrence by
the perils of fire, lightning, explosion, riot, civil commotion or air-
craft, but only to the extent such perils are insured against herein.
The Company shall not be liable for more than $250 on anyone tree,
shrub Or plant, including expense incurred for removing debris
thereof.
F, Extra Expense: The insured may apply up to $1,000 of the sum of the
limits of liability specified for Coverage A - Building(s) and Coverage
B - Personal Property to cover the necessary extra expense incurred
by the insured in order to continue as nearly as practicable the
normal operation of the insured's business immediately following
damage by a peril insured against to the buildings Or personal prop-
erty situated at the described locations.
"Extra expense" means the excess of the total cost incurred dur-
ing the period of restoration chargeable to the operation of the in-
sured's business over and above the total cost that would normally
have been incurred to conduct the business during the same period
had no loss occurred. Any salvage value of property obtained for
temporary use during the period of restoration, which remains after
the resumption of normal operations, shall be taken into considera-
tion in the adjustment of any loss hereunder.
"Period of restoration" means that period of time, commencing
with the date of damage and not limited by the date of expiration of
this policy, as would be required with the exercise of due diligence
and dispatch to repair, rebuild Or replace such part of said buildings
or personal property thereof as have been damaged.
The Company shall not be liable under this Extension of Coverage for:
1. loss of income.
2. the cost of repairing Or replacing any of the described property,
I
o'r the cost of research Or other expense necessary to replace
or restore books of account, manuscripts, abstracts, drawings,
card index systems, film, tape, disc, drum, cell and other mag.
netic recording or storage media for electronic data processing,
and other records that have been damaged by a peril insured
against, except cost in excess of the normal cost of such repair,
replacement or restoration necessarily incurred for the purpose
of reducing the total amount of extra expense. In no event shall
such excess cost exceed the amount by wh ich the total extra ex.
pense otherwise payable under this Extension of Coverage is
reduced.
3. any other consequential or remote loss.
G. Replacement Cost: In the event of loss to a building structure cov.
ered under this policy, when the full cost of repair or replacement is
less than $1,000, the coverage of this policy is extended to cover the
full cost of repair Or replacement (without deduction for depreciationl.
Coverage shall be applicable only to a building structure covered
hereunder, but excluding carpeting, cloth awnings, air-conditioners,
domestic appliances and out.door equipment, all whether permanently
attached to the building structure or not.
The Company shall not be liable under this Extension of Coverage:
1. unless and until the damaged property is actually repaired Or re-
placed on the same premises with due diligence and dispatch,
and, in no event, unless repair or replacement is completed within
a reasonable time after such loss,
2. unless the whole amount of insurance applicable to the building
structure for which claim is made is equal to or in excess of the
amount produced by multiplying the co.insurance percentage ap-
plicable (specified in this policy) by the actual cash value of such
property at the time of the loss.
This policy does not insure under this form against:
A_ loss occasioned directly or indirectly by:
1. enforcement of any local or state ordinance Or law regulating the
construction, repair Or demolition of buildings Or structures un-
less such liability is otherwise specifically assumed by endorse-
ment;
2. electrical currents artificially generated unless loss by fire Or
explosion as insured against hereunder ensues, and then the Com-
pany shall be liable for only such ensuing loss.
B. loss caused by or resulting from power, heating Or cooling failure,
unless such failure results from physical damage to power, heating Or
cooling equipment situated on premises where the property covered
is located, caused by a peril insured against. The Company shall not
be liable for any loss specifically excluded under the riot provisions
of this form.
V. EXCLUSIONS
C. loss caused by, resulting from, contributed to or aggravated by any
of the following:
1. earth movement, including but not limited to earthquake, land-
slide, mudflow, earth sinking, earth rising or shifting;
2. flood, surface water, waves, tidal water Or tidal wave, overflow
of streams Or other bodies of water, or spray from any of the
foregoing, all whether driven by wind Or not;
3. water which backs up through sewers or drains;
4. water below the surface of the ground including that which ex-
erts pressure on Or flows, seeps Or leaks through sidewalks, drive-
ways, foundations, walls, basement or other floors, or through
dOors, windows or any other openings in such sidewalks, drive.
ways, foundations, walls or floors;
unless loss by fire or explosion as insured against hereunder ensues,
and then the Company shall be liable for only such ensuing loss.
VI. COINSURANCE CLAUSE
The Company shall not be liable for a greater proportion of any loss
to the property covered hereunder than the limit of liability under this
policy for such property bears to the amount produced by multiplying the
coinsurance percentage applicable (specified in this policy) by the actual
cash value of such property at the time of the loss.
In the event that the aggregate claim for any loss is both less than
$10,000 and less than 5% of the limit of liability for all contributing in.
SUrance applicable to the property involved at the time such loss occurs,
no special inventory and appraisement of the undamaged property shall
be required, provided that nothing herein shall be construed to waive
the application of the first paragraph of this clause.
II insurance under Section I of this policy is divided into separate
limits of liability, the foregoing shall apply separately to the property
covered under each such limit of liability.
The value of property covered under Extensions of Coverage, and the
cost of the removal of debris, shall not be considered in the determina-
tion of actual cash value when applying the Coinsurance Clause.
VII. DEDUCTIBLE CLAUSES
A. The following Deductible Clauses are applicable only if so stated in a. fire Or lightning,
the Declarations: b. windstorm or hail to buildings, structures or personal property
1. Loss Deductible Clause No.1: With respect to loss by windstorm in the open,
Or hail to buildings, structures or personal property in the open, the Company shall be liable only when such loss in each occur.
the Company shall be liable only when such loss in each occur- rence exceeds $50. When loss is between $50 and $500, the
rence exceeds $50. When loss is between $50 and $500, the Com. Company shall be liable for 111 % of loss in excess of $50; and
pany shall be liable for 111 % of loss in excess of $50; and when when loss is $500 Or more, this deductible shall not apply.
loss is $500 or more, this deductible shall not apply.
2. Loss Deductible Clause No.2: With respect to loss by any of the
perils insured against other than:
B. No more than one deductible shall apply to loss by windstorm or hail
arising out of anyone occurrence.
Subjectto the provisions and ~tipulations of this policy, the follow-
Ing bases fOr valuation of property are estabffsiied~ ._. . ..-...
A. Tenant's Improvements and Betterments:
1. If repaired Or replaced at the expense of the insured within a
reasonable time after loss, the actual cash value of the dam-
aged Or destroyed improvements and betterments.
2. If not repaired or replaced within a reasonable time after loss,
that proportion of the original cost at time of installation of the
damaged or destroyed property which the unexpired term of the
lease or rental agreement, whether written or oral, in effect at
the time of loss bears to. the periods from the dates such im-
provements Or betterments were made to the expiration date of
the lease.
3. If .reEaired or replaced at theexpense.ofothe~for the. usellt_.
.-. the insured, there shall be no liability hereunder.
B. Books of account, manuscripts, abstracts, drawings, card index sys-
tems and other records (except film, tape, disc, drum, cell and
other magnetic recording or storage media for electronic data proc-
essing) for not exceeding the cost of blank books, cards Or other
blank material.
C. Film, tape, disc, drum, cell and other magnetic recording or stor-
age media for electronic data processing for not exceeding the
cost of such media in unexposed or blank form.
D. All other property at actual cash value.
IX. CONDITIONS
A. Permits and Use: Except as otherwise prOVided herein, permission is
hereby granted:
1. to make alterations and repairs;
2. for such unoccupancy as is usual or incidental to the described
occupancy but vacancy is limited to the 60 day period permit-
ted by the policy conditions;
3. in the event of loss hereunder, to make reasonable repairs,
temporary Or permanent, provided such repairs are confined
solely to the protection of the property from further damage, and
provided further that the insured shall keep an accurate record
of such repair expenditures. The cost of any such repairs di.
rectly attributable to damage by any peril insured hereunder
shall be included in determining the amount of loss here-
under. Nothing herein contained is intended. to modify the
policy requirements applicable in case loss occurs, and in par-
ticular the requirement that, in case loss occurs, the insured shall
protect the property from further damage.
B. Loss Clause: Any loss hereunder shall not reduce the amount of
this policy.
C. Mortgage Clause: Applicable to buildings only (this entire clause is
void unless name of mortgagee (or trustee) is inserted in the
Declarations): Loss, if any, under this policy, shall be payable to
the mortgagee (or trustee), named on the first page of this policy,
as interest may appear under all present or future mortgages upon
the property herein described in which the aforesaid may have an
interest as mortgagee (or trustee) in order of precedence of said
mortgages, and this insurance as to the interest of the mortgagee
(or trustee) only therein, shall not be invalidated by any act or
neglect of the mortgagor or owner of the within described prop.
Form MLB.I00 (Ed. 2-71)
I
erty, nor by any foreclosure or other proceedings or notice of sale
relating to the property, nOr by any change in the title or ownership
of the property, nor by the occupation of the premises for purposes
more hazardous than are permitted by this policy: provided, that
in case the mortgagor or owner shall neglect to pay any premium
due under this policy, the mortgagee (or trustee) shall, on demand,
pay the same. Provided also, that the mortgagee (or trustee) shall
notify the Company of any change of ownership or occupancy or
increase of hazard which shall come to the knowledge of said
mortgagee (or trustee) and, unless permitted by this policy, it shall
be noted thereon and the mortgagee (or trustee) shall, on demand,
pay the premium for such increased hazard for the term of the
use thereof, otherwise this policy shall be null and void. The Com.
pany reserves the right to cancel this policy at any time as provided
by its terms, but in such case this policy shall continue in force for
the benefit only of the mortgagee (or trustee) for ten days after
notice to the mortgagee (or trustee) of such cancellation and shall
then cease, and the Company shall have the right, on like notice,
to cancel this agreement.
Whenever the Company shall pay the mortgagee (or trustee) any
sum for loss under this policy, and shall claim that, as to the
mortgagor or owner, no liability therefor existed, the Company
shall to the extent of such payment, be thereupon legally subro-
gated to all the rights of the party to whom such payment shall be
made, under all securities held as collateral to the mortgage debt, or
may at its option pay to the mortgagee (or trustee) the whole
principal due or to grow due on the mortgage, with interest accrued
and shall thereupon receive a full assignment and transfer of the
mortgage and of all such other securities; but no subrogation shall
impair the right of the mortgagee (or trustee) to recover the full
amount of said mortgagee's (or trustee's) claim.
Page 4 of 4
I
I
I
$
.
SMP LIABILITY INSURANCE FORM
SECTION II LIABILITY COVERAGE
Form MLB-200
(Ed,l-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 loa ned to any i nsu red;
(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;
(I) 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 01 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 insured 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 total limit of the 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
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(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
1:'_.._ .... D -"^n tr.J 1 ,')\
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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-
ical training, 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.
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AMENDMENT OF LIMITS OF LIABILITY
COVERAGE C-BODIL Y INJURY AND PROPERTY DAMAGE LIABILITY
Form MLB-21
(Ed. 1-73)
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 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
$ J 0 0 I 00 Q each occurrence
$ J Oft I 000 aggregate
$ ~ 5 I 000 each occu rrence
$ , 5 I 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
"eachoccu rrence".
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)
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EXCLUSION ENDORSEMENT
(Named Insured's Completed Operations and Products Hazards)
Form MLB.231
(Ed. 10.&&)
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 not 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)
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This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following:
CLUBS ENDORSEMENT
Form MLB-246
(Ed. 10-66)
SMP LIABILITY INSURANCE
SCHEDULE
Description of Premises
CLUB- 'lR! 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 person 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 (I) 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)
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(ID
FLORIDA AMENDATORY ENDORSEMENT
Form MLB-S6
(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.1, applicable to perils of windstorm and hail, in such of Forms MLB-100, MLB-IOI, MLB-
102, and MLB-103 as made a part of this policy, is superseded and replaced by the following clauses, applicable as indi-
cated:
A. Applicable to All Dwellings (except Dwellings located in )'1onroe 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. When 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 lhe \Vest Bank of the Inter-Coastal \Vaterway 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: 1 % of the first $1,000,000, or fraction thereof, plus y, % of the next $2,000,000, or fraction there-
of, plus }4% of values in excess of $3,000,000; however, 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 t\VO 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 \Vaterway 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 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: 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 event shall the amount 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 $ ; snbject, howe\'Cr, to all other terms and conditions of this policy. This provision
shall apply (1) 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. \ \'hen loss is between $50 and $500, the Company
shall be liable for 111 % 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-I00 as made a part of this policy does not apply.
V. The Special Loss Deductible Clause in Form MLB-101, 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. \Vhen loss is between $50 and $500, the Company shall be
liable for 111 % of loss in excess of $50; and when loss is $500 or more, this deductible provision shall not apply.
Vvith respect to loss by any of the perils insured against under this form other than fire, lightning, 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 111 % 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_degucted from theamount of loss in anyone occurrence resulting from any peril other than
fire, lightning, explosion, smoke; vehicTes, aircraft, 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 .Malicious 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 Riyer and St. Lucie - It is hereby stipulated that coverage under this policy does not
include damage caused in any manner by windstorm to paint or waterproofing material, applied to the exterior of the
buildings or structures covered hereunder. The value of paint or waterproofing material, being excluded from 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
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PROPERTY COVERED
VANDALISM OR MALICIOUS MISCHIEF ENDORSEMENT
Form MLB-121
(Ed. 3-71)
Xi Coverage A - Building(s)
Xl Coverage B - Personal Property
Subject to all the provisions and stipulations otherwise applicable to Section I of this policy of which this endorsement is made a part, except
as otherwise provided for herein, the following perils are added to and made part of the "Perils Insured Against" section of the forms of which this
endorsement is made a part with respect to the coverage specified by an "X" in the appropriate box above.
A. Vandalism or Malicious Mischief: Loss by vandalism Or malicious mischief shall mean only the wilful and malicious damage to Or destruction of the
property covered. The Company shall not be liable, as respects these perils, for any loss:
1. to glass (other than glass building blocks) constituting a part of a building;
2. bY.'pilferage, theft, burglary or larceny, except tor wilful damage to the buildings covered hereunder caused by burglars;
3. by explosion, rupture, or bursting of steam boilers, steam pipes, steam turbines, steam engines, Or rotating parts of machines or machinery
owned, operated or controlled by the insured;
4. caused by or resulting from power, heating Or cooling failure unless such failure results from physical damage to power, heating or cooling
equipment situated on premises where the property covered is located;
5, if the described bUildings had been vacant or unoccupied beyond a period of 30 consecutive days immediately preceding the loss, whether
or not such period commenced prior to the inception date of this endorsement.
NOTE: A building in process of construction shall not be deemed vacant or unoccupied.
loss Deductible Clause NO.2 does not apply to the coverage afforded by this endorsement.
This EndOrsement must be attached to Change Endorsement MLB.20 when issued after the Policy is written.
Form M LB-121 (Ed. 3.71)
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ADDITIONAL INSURED ENDORSEMENT
(Employees)
It is agreed that with respect to such insurance as is afforded for bodily injury liability and property
damage liability, the" Persons Insured" provision is amended to include any employee of the named
insured while acting within the scope of his duties as such, but the insurance afforded to such employee
does not apply:
1. to bodily injury to (a) another employee of the named insured arising out of or in thecourse
of his employment or (b) the named insured or, if the named insured is a partnership, any member
thereof.
2. to property damage to property owned, occupied or used by, rented to, in the care, custody or
control of, or over which physical control is being exercised for any purpose by (a) the named
insured, or (b) any employee of the named insured.
Form 26110 (4 - 72)
-
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( ;,; NIl!, 0' _t AUT 1J It.
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SPECIAL
MULTI.PERIL
POLICY
PROVISIONS
PART ONE
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THE FOLLOWING PROVISIONS APPLY TO SECTIONS lAND II
A. WAR RISK AND GOVERNMENTAL ACTION EXCLUSION: Under Section I as respects
perils 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:
1. 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 (bl by military, naval or air
forces; or (cl 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, rebellion, 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 public 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 torm 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 conflict with the statutes of the state wherein this policy is issued are
hereby amended to conform to such statutes.
G. POLICY PERIOD, TERRITORY:
1. 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:
1. 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
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 not) 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 II
... -' !.....~
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 pol icy 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 securing 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 inw ~ny lIxpense other--than-f6r first aid to others at
the time of ac~.--
E.MfDteAt.nREPORTS, PROOF AND PAYMENT OF CLAIM - COVERAGE 0: 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 organ ization 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 policy 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 sucb loss than the 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
tria' 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. Th is pol icy does not apply:
a. Under any Liability Coverage, to bodily injury or property damage
(I) 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 Medical 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
(I) 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 furnish ing 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 (I) 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 ()Y ·
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 of ::or contains more than 25 grams of plutonium or uranium
233 Or any comb in lion 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 fo 1I0wing 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.
Operations which may require further service or maintenance work, or correction,
repair or replacement because of any defect or deficiency, 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 connection with the transportation of property,
unless the bodily injury or property damage arises out of a condition in or on a
vehicle created 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 a building
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 policy;
"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