SPECIAL FLOATER POLICY
.
.
DECLARATIONS
~~~~lR 2-1,5 MSF- 601 33 81
POLICY
PERIOD: FROM 5-31-84 TO 5-31.-85
(12:01 A.M. STANDARD TIME AT THE PLACE OF ISSUANCE)
AT 12:01 A.M. STANDARD TIME AT PLACE OF ISSUANCE, TO THE EXTENT THAT COVERAGE IN
THIS POLICY REPLACES COVERAGE IN OTHER POLICIES TERMINATING NOON STANDARD
TIME ON THE INCEPTION DATE OF THIS POLICY. COVERAGE UNDER THIS POLICY SHALL NOT
BECOME EFFECTIVE UNTIL SUCH OTHER COVERAGE HAS TERMINATED.
INSURED'S NAME AND MAILING ADDRESS
SPECIAL FLOATER POLICY
CIlY OF CLEARWATER
CLEARWATER BEACH SEAFOOD, INC. AND
ALL SUB-<CNTRACTCRS A TIMA
37 CAUSEWAY BLVD., CLEARWATER, Fl 335],5
FIREMAN'S FUND INSURANCE CDMPANIEcA@'
COVERAGE IS PROVIDED IN THE FOLLOWING
COMPANY, A STOCK COMPANY.
I 00.1 FIREMAN'S R..ND INS. CO.
AMOUNT I $ RATE I $ PREMIUM
$ :J.4O,OOO. VRS. 286.
I $ ON INCEPTION DATE I $ FIRST ANNIVERSARY I $ SECOND ANNIVERSARY
INSTALLMENTS ARE PAYABLE
--
IN CONSID,ERATION OF THE STIPULATIONS HEREIN NAMED AND OF THE PREMIUM SPECIFIED THE COMPANY DOES INSURE THE INSUREO NAMED ABOVE, HEREIN
CALLED THE IN,SURED. WHOSE ADDRESS [5 SHOWN ABOVE, FROM THE INCEPTION DATE. TO THE EXPIRATION DATE. BOTH SHOWN ABOVE, TO AN AMOUNT NOT
EXCEEDING THE AMOUNT ABOVE SPECIFIED, ON THE FOllOWING DESCRIBED PROPERTY.
ITEM
AMOUNT OF INSURANCE
DETAILED DESCRIPTION
'.
AS PER BUIU>ERS RISK FCRM ATTACHED
LOSS PAYABLE CLAUSE: LOSS. IF ANY. TO BE ADJUSTED ONLY WITH THE INSURED AND PAYABLE TO THE INSURED AND
.I.
ENDORSEME]TS ATTACHED
:L4036O'C0:L-83)REV., 1.40311109-74), :L80009(06-65)BR300,
:L40365 (05-74)REV: , 921.(03-73)
,
IL0408(08-8],), 1,8000],(01-65),
THIS POLICY IS MADE AND ACCEPTED SUBJECT TO THE FOREGOING PROVISIONS AND STIPULATIONS AND THOSE HEREINAFTER STATED, WHICH ARE HEREBY
MADE A PART OF THIS POLICY, TOGETHER WITH SUCH OTHtiR PROVISIONS. STIPULATIONS AND AGREEMENTS AS MAY BE ADDED HERETO, AS PROVIDED IN
THIS POLICY.
DATE OF ISSUE
IZED AGENT
5-23-84 MVW
')755-6-80
Page 1 of 3
r Page2of3
r EXCLUSIONS
- The following Wa, Ri" E.du,ion Clau,e and Nude", E.du,ion Clau,. ,hall be paromounl and ,hall not be modified 0' ,upemedod by
any other provision included herein or endorsed hereon unless such other provision refers specifically to the risks excluded by the War
Risk Exclusion Clause or Nuclear Exclusion Clause and expressly assumes said risks.
1. War Risk Exclusion Clause. The Company shall not be liable for any loss, caused directly or indirectiy, by (1) hostile or warlike action
hi time of peace or war, including action in hinde,ing, 'Combating or defending against an actual, impending or expected attack, (a) by any
government or sovereign power (de jure or de facto), or by any authority maintaining or using military, naval or air forces; or (b) by
military, naval or air forces; or (c) by an agent of any such government, power, authority or forces; (2) any weapon of war employing
atomic fission or radioactive force whether in time of peace or war; (3) insurrection, rebellion, revolution, civil war, usurped power, or action
\aken by governmental authority in hindering; combating or defending against such an occmrence, seizure or destruction under quarantine
or Customs regulations, confiscation by order.of any government or publical.lthority, or risks of contraband or illegal transportation or trade.
2. Nuclear Exclusion Clause. The Company shall not be liable for loss by nuclear reaction or nuclear radiation or radioactive contamination,
all whether controlled or uncontrolled, and whether such loss be direct or indirect, proximate or remote, or be in whole or in part caused by,
contributed to, or aggravated by the peril(s) insured against in 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.
CONDITIONS
I. Territorial Limits. This policy covers only loss or damage occurring
within the 48 contiguous states of the United States. The District
of Columbia, Canada, within The State of Alaska or within The
State of Hawaii.
2. Labels. In the event of loss of or damage to labels. capsules or
wrappers, the loss shall be adjusted on the basis of an amount
sufficient to pay the cost of new labels, capsules or wrappers.
3. Other Insurance. If at the time of loss or damage there is avail-
able to a named or unnamed Insured or any other interested party
any other insurance which would apply in the absence of this
policy, the insurance under this policy shall apply or.ly as excess
insurance over such other insurance.
4. Impairment of Recovery Rights. Any act or agreement by the
Insured before or after loss or damage whereby ar.y right of the
Insured to recover in whole or in part for loss or damage to prop-
erty covered hereunder against any carrier, bailee, or other party
liable therefor, is released, impaired or lost, shall render this policy
null and void, but the Company's right to retain or recover the
premium shall not be affected. The Company is not liable for any
loss or damage which, without its written consent, has been settled
or compromised by the Insured.
's. Misrepresentation and Fraud. This entire policy shall be void
if, whether before or alter a loss, the Insured has concealed or
misrepresented any material fact or circumstance concerning this
, insurance or the subject thereof, or the interest of the Insured thece-
in, or in case of any fraud or false swearing by the Insured relating
thereto.
6. Notice of Loss. The Insured shall as soon as practicable report
in writing to the Company or its agent every loss, damage or
occmrence which may give rise to a claim under this policy and
shall also file with the Company or its agent within nir.ety (90)
days from date of discovery of such loss, damage or occurrence, a
detailed sworn proof of loss.
7. Examination Under Oath. The Insured, as often as may be rea-
sonably required, shall exhibit to any person designated by the
Company all that remains of any property herein described, and
shall submit, and in so far as is within his or their power cause his
or theil" employees, members of the 'household and others to submit
to examinations under oath by anypeTson named by the Company
and subscribe the same; and, as often as may be reasonably re-
quired, shall produce for examination all writings, books of account,
bills, invo.ices and'" other vouchers, or certified copies thereof if
originals be lost, at such reasonable time and place as may be
designated by the Company or its representative, and shall permit
extracts and copies thereof to be made. No such examination under
oath or examination of books or documents, nor any other act of
the Company or any of its employees or representatives ir. connec-
tion with the investigation of any loss or claim hereundec, shall be
deemed a waiver of any defense which the Company might other-
wise have with respect to any loss or claim, but all such examina-
tions and acts shall be deemed to have been. made or done without
prejudice to the Company's liability. ".
8. VALUATION. THE COMPANY SHALL NOT BE LIABLE BEYOND
THE ACTUAL CASH VALUE OF THE PROPERTY AT THE TIME ANY
LOSS OR DAMAGE OCCURS AND THE LOSS OR DAMAGE SHALL
BE ASCERTAINED OR ESTIMATED ACCORDING TO SUCH ACTUAL
CASH VALUE WITH PROPER DEDUCTION FOR DEPRECIATION,
HOWEVER CAUSED. AND SHALL IN NO EVENT EXCEED WHAT
IT WOULD THEN COST TO REPAIR OR REPLACE THE SAME WITH
MATERIAL OF LIKE KIND AND QUALITY.
. .
9. Settlement of Loss. All adjusted claims shall be paid or made
good to the Insured within sixty (60) days after presentation and
.
acceptance of satisfactory proof of interest and loss at the office of
the Company. No loss shall be paid or made good if the Insured has
collected the same from others.
10. No Benefit to Bailee. This insurance shall in nowise inure
directly or indirectly to the benefit of any carrier or other bailee.
11. Subrogation or Loan. If in the event of loss or damage the
Insured shall acquire any right of action against any individual,
firm or corporation for loss of, or damage to, property covered here-
under, the Insured will, if requested by the Company, assign and
transfer such claim or right of action to the Company or, at the
Company's option, execute and deliver to the Company the custom-
ary form of loan receipt upon receiving an advance of funds in
respect of the loss or damage; and will subrogate the Company to,
or will hold in trust for the Company, all such rights of action to
the extent of the amount paid or advanced, and will permit suit to
be brought in the Insured's name under the direction of and at the
expense of the Company.
12. Loss Clause. Any loss hereunder shall not reduce the amount of
this policy, except in the event of payment of claim for total loss of
an item specifically scheduled hereon. If claim is paid for total loss
of one or more scheduled .items, the unearned premium applicable
to such items will. be refunded' to the Insured or applied to the
premium due on item(s) replacing those on which the claim was
paid.
13. Pair. Set or Parts. In the event of loss of or damage to:
(a) any article or articles which are a part of a pair or set, the
measure of loss of or damage to such article or articles shall be a
reasonable and fair proportion of the total value of the pair or set,
giving consideration to the importance of said article or articles,
but in no event shall such loss or damage be construed to mean
total loss of the pair or set; or
(b) any part of property covered consisting, when complete for use,
of several parts, the Company shall only be liable for the value of
the part lost or damaged.
14. Protection of Property. In case of loss, it shall be lawful and
necessary for the Insured, his or their factors, servants and assigns,
to sue, labor, and travel for. in and about the defense, safeguard
and recovery of the prcperty insured hereunder, or any part thereof,
without prejudice to this insurance, nor shall the acts of the Insured
or the Company, in recovering, saving and preserving the property
insured in case .of loss be considered a. waiver or an acceptance of
abandonment. The expenses so incurred shall be borne by the
Insured and the Company proportionately to the extent of their
respective interests.
15. Abandonment. There can be no abandonment to the Company
of any property.
16. Suit. No suit, action or proceeding for the recovery of any
claim under this policy shall be sustainable in any court of law
or equity unless the same be commenced within twelve (12) months
next after discovery by the Insured of the occurrence which gives
rise to the claim, provided however, that if by the laws of the State
within which this policy is issued such limitation is invalid, then
any such claims shall be void unless such action, suit or proceeding
be commenced within the shortest limit of time permitted by the
laws of such State.
17. Appraisal. If the Insured and the Company fail to agree as to
the amount of loss, each shall, on the written demand of either,
made within sixty (60) days after receipt of proof of loss by the
.
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IF THE FOLLOWING INFORMATION IS NOT COMPLETE, REFER TO THE APPROPRIATE DECLARATIONS ATTACHED TO THE POLICY.
INSURED POLICY NUMBER 1 SEQUENTIAL NO.
.
PRODUCER EFFECTIVE DATE
DECLARATIONS
DESCRIPTION OF PROPERTY COVERED
SEC(H) STCRY JOISTED MASCJ<<Y
ADDITION TO EXISTING STRUCTlRE
CONSTRUCTION SITE
37 CAUSEWAY BLVD.
CLEARWATER, FL
A. $ 1AO ,000.
LIMITS OF LIABILITY
AT CONSTRUCTION SITE DESCRIBED C. $ 5,000.
ABOVE
ANY ONE LOSS WITH RESPECT TO
PROPERTY IN TRANSIT.
B. $
NIL
AT ANY OTHER LOCATION NOT SPECI-
FIED ABOVE OR ELSEWHERE IN THIS
POLICY.
D. slAO,OOO.
ANY ONE OCCURRENCE, WHETHER
FOR PARTIAL OR TOTAL LOSS OR
SALVAGE'CHARGES. OR ALL
COMBINED.
LOSS PAYABLE
LOSS, IF ANY. WILL BE ADJUSTED ONLY WITH THE NAMED INSURED AND SHALL BE PAYABLE TO THE INSURED AND:
AS THEIR RESPECTIVE INTERESTS MAY APPEAR, SUBJECT HOWEVER TO ALL OF THE PROVISIONS AND STIPULATIONS OF THIS POLICY.
MAXIMUM PERIOD OF A'ITACHMENT SHALL BE
365 DAYS FROM THE ACTUAL DATE ON WHICH CONSTRUCTION COMMENCED.
DEDUCTIBLE AMOUNT
$ 250.
SPECIAL CONDITIONS
. ",..,,,,,,-,,,,,,,,,
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......
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This Form must be attached to Change Endorsement when issued after the Policy is written.
STOCK NO. 5951(E) BR-Ol-83
...
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COMMERCIAL
1. Property Covered
This policy covers materials, supplies, machinery, equip-
ment, fixtures and temporary structures to be used in or
incidental to the construction, fabrication, installation,
erection or completion of the property described in the
Declarations at Construction Site described in the Declara-
tions, subject to the following provisions and stipulations.
2. Property and Interests Excluded
This policy does not cover:
a. Property of others, unless the Insured has prior to loss
assumed liability therefor, or is legally liable and then on-
ly to the extent of the Insured's liability;
b. Machinery, tools, equipment and property of a similar
nature, except forms and scaffolding, and any other pro-
perty, except temporary structures at the site of construc-
tion, not destined to become a permanent part of the in-
~ - stallation of structure, unless specifically endorsed hereon;
c. Trees, shrubbery, lawns, grass or plants;
d. Mechanical drawings, architect's plans, blueprints,
designs or specifications, accounts, bills, deeds, evidences
of debt, currency, money or notes.
3. Attachment of Coverage
This insurance attaches from the time such property is at
the risk of the Insured and, except as excluded elsewhere
in this policy, covers continuously thereafter during tran-
sit, while awaiting and during construction, and after con-
struction:
a. Until the interest of the Insured in the property ceases;
or,
b. For a period not exceeding the maximum period of at-
tachment stated in the Declarations; or,
c. Until the property is formally accepted by the pur-
chaser as complete; or,
d. Until termination or expiration of this policy,
whichc\'er first occurs.
4. "aluation and Limits of Liabilitl
This Company shall be liable for the full replacement cost
of the property at the time of loss, including labor and
other charges and expenses accrued thereto, but not ex-
.
8tJILi!)ER
.' .8tUl.der~smSkF()rm
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.... ..... ............. ........... .... ........ '. ............. ~. .... .. ..... ............ '..
14036tJ;Ql;.i83......i~.
ceeding 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; and in no event
shall this Company be liable in anyone loss for more
than the limits stated in the Declarations.
The term "Replacement Cost" shall not include:
a. Penalties for or expenses incurred as a result of delay
in completion or incompletion of contract terms or condi-
tions or noncompliance with contract terms or conditions
or from any guarantee of performance or production;
b. Cost of land clearing; cost of excavations for founda-
tions, sidewalk paving, street or parking lot paving or cur-
bing; cost of landscaping;
c. Interest on money loaned or advanced for construction
and charged to the project by the owners(s);
d. Landscaping fees.
5. Territorial Limits
This policy covers insured property within the 50 states of
the United States of America, the District of Columbia,
the Commonwealth of Puerto Rico, and the Virgin
Islands of the United States, and while indue course of
transit within and between the 50 states of the United
States of America, the District of Columbia, the Com-
monwealth of Puerto Rico, the Virgin Islands of the
United States and the Dominion of Canada.
6. Deductible
From the amount of each adjusted claim for loss or
damage, separately occurring, the applicable deductible
amount stated in the Declarations shall be deducted. The
Company shall be liable only for the amount in excess of
the Deductible Amount, but in no event to exceed the
Limits of Liability stated in the Declarations.
Any salvage or other recovery, after expenses incurred in
salvage or recovery are deducted except recovery through
subrogation proceedings, shall accrue entirely to the
benefit of the Company until the sum paid by the Com-
pany has been recovered.
Any recovery as a result of subrogation proceedings, after
expenses incurred in such subrogation proceedings are
deducted, shall accrue to the Insured in the proportion
that the amount of the deductible bears to the amount of
the entire lo,>s.
This Form must be attacbed to ClwIge EDdonement when Issued after the PoUcy Is written.
STOCK "10. 140360-01-83 REV.
7. Insuring Agreement
This policy insures against all risks of direct physical loss
" of or damage to the property covered hereunder from any
external cause (including general average and salvage
charges to shipments covered while waterborne) except as
provided elsewhere in this policy.
8. Exclusions
In addition to the exclusions in the policy to which. this
endorsement is attached, this policy does not insure
against;
a. Any unexplained loss, mysterious disappearance of
property (except property in the custody of carriers or
bailees for hire) or shortage disclosed on taking inventory;
b. Loss, damage or expense caused by, resulting from,
contributed to or aggravated by earthquake, volcanic
eruption, landslide, or any other earth movement; unless
loss by fire or explosion ensues and then only for such en-
suing loss. This exclusion does not apply to property in
due course of transit or loss to arising out of theft.
c. Loss, damage or expense caused by, resulting from,
contributed to or aggravated by any of. the follow-
ing: (1) Flood, surface water waves, tidal wave, overflow
of streams or other bodies of water, or spray from any of
the foregoing, all whether driven by wind or
not; (2) Water which backs up through sewers or base-
ment drains; (3) Water below the surface of the ground,
including that which exerts pressure on or flows, seeps or
leaks through sidewalks, driveway, foundations, walls,
basement or other floors, or through doors, windows or
any other openings in such sidewalks, driveways, founda-
tions, walls or floors;
unless loss by fire or explosion ensues, and then only for
such ensuing loss. This exclusion shall not apply to pro-
perty in due course of transit or to loss arising from theft;
d. Loss, damage or expense caused by or resulting from
subsidence, settling, cracking, shrinkage, bulging or ex-
pansion of pavements, foundations, walls, sidewalks,
driveways, patios, floors, roofs or ceilings unless such loss
results from a peril not excluded in this policy. If loss by
a peril not excluded ensues, then this Company shall be
liable only for such ensuing loss;
e. Loss, damage or expense to any property covered
hereunder wherever situated, excepting property in
custody of a carrier for hire, caused by or resulting from
rain, snow, sleet, sand or dust, (whether driven by wind
or not) unless the property is contained in a permanently
enclosed building, or room of a partially constructed
building, and wind or hail shall first make an opening in
the walls, roof or ceiling of the building or room and,
then, the Company shall be liable only for loss to the in-
terior of the building or room, and the property contained
therein, whichever is covered hereunder, caused by rain,
snow, sleet, sand or dust entering the building through
such opening;
f. Loss, damage or expense caused by the neglect of the
Insured to use all reasonable means to save and preserve
property at and after any loss or damage;
g. The cost of making good faulty or defective workman-
.
PAGE TWO OF THREE
ship or material, but this exclusion shall not apply to
physical damage resulting from such faulty or defective
workmanship or material;
h. Loss, damage or expense directly or indirectly caused
by or resulting from fault, defect, error or omission in
design, plan or specifications, but this exclusion shall not
,apply to loss or damage by fire, lightning, wind, hail, air-
craft, vehicles, smoke, discharge from fire protection or
building service equipment, explosion, riot or civil com-
motion;
i. Loss, damage or expense caused by or resulting from
inherent vice, latent defect, wear and tear, gradual
deterioration, rust, corrosion, dampness of atmosphere,
wet or dry rot, mold, change in temperature, freezing, in-
sects or vermin, unless loss by a peril not otherwise ex-
cluded ensues, and then only for such ensuing loss;
j. Loss, damage or expense to electrical systems, devices,
or equipment (including wiring) due to short circuiting,
blowout or other electrical injuries or disturbances caused
by electrical currents artifically generated, unless loss by a
peril not otherwise excluded ensues, and then only for
such ensuing loss;
k. Loss, damage or expense caused by or resulting from
mechanical breakdown or derangement including rupture,
bursting or disintegration of the rotating or moving parts
of machines and machinery resulting from centrifugal or
reciprocating force, unless loss by a peril not otherwise ex-
cluded ensues, and then only for such ensuing loss;
I. Loss, damage or expense caused by or resulting from
testing, unless fire or explosion ensues, and then only for
the ensuing fire or explosion;
m. Loss, damage or expense caused by or resulting from
any fraudulent, dishonest or criminal act by any partners,
officers or employees or agents of the Insured, while
working in the course of their employment or otherwise
and whether acting alone or in collusion with others, or
any others to whom the property covered may be en-
trusted, except any carrier for hire; this exclusion,
however, shall not apply to loss or damage by fire or ex-
plosion;
n. Loss or expense occasioned by order of any govern-
mental authority or by enforcement of any local or state
ordinance or law regulating the construction, repair, or
demolition of building(s) and structure(s);
o. Loss of market or delay or any loss caused by or
resulting from interruption of business or other conse-
quential loss extending beyond the direct physical loss of
or damage to the property.
9. Claim Defined
The aggregate loss by any peril or combination of perils
insured against arising out of a single event or occurrence
shall constitute one claim.
With respect to loss or losses from riot, riot attending a
strike, or civil commotion, one occurrence shall be held to
include those losses occuring or commencing during a
period of 72 consecutive hours. When filing proof of loss
the Insured may elect the moment which the 72 hour
period shall be deemed to have commenced.
.
.
With respect to loss or losses from windstorm or hail, one
occurrence shall include all losses caused by or arising out
of a single atomospheric disturbance.
If this policy insures against earthquake, each loss by ear-
thquake shall constitue a single claim hereunder; provid-
ed, if more than one earthquake shock shall occur within
any period of seventy-two hours during the term of this
policy, such earthquake shocks shall be deemed to be a
single earthquake within the meaning hereof. This Com-
panyshall not be liable for any loss caused by any earth-
quake shock occurring before the effective date and time
of this policy, nor for any loss occurring after the expira-
tion date and time of this policy.
10. Occupancy Clause-Not Applicable to Dwelling Pro-
perty
This insurance shall be suspended while the premise is oc-
cupied unless the consent of the Company is obtained and
endorsed hereon, with proper rate adjustment. Temporary
use of the premises for testing or other operations shall
not be considered an occupancy within the meaning of
this clause.
11. Parts Clause
In the event of loss of or damage to any part or parts of
an insured machine or any other article caused by a peril
insured by the policy, the sum recoverable shall not ex-
ceed the cost of replacement or repair of such part or
parts plus charges for forwarding and refitting, if incur-
red, provided, however, that in no case shall the liability
of the Company exceed the amount of insurance on the
complete machine or article.
12. Premises Protection
It is a condition of this insurance that the Insured shall
maintain so far as within his or their control such protec-
tive safeguards as were represented by the Insured to be in
effect while this insurance is in force.
13. Provisional Amount
The Limit of Liability at the Construction Site stated in
the Declarations is a provisional amount. It is a condition
of this insurance wherein the rate and premium are based
on an average amount of liability during the period of
construction, that at any date while the policy is in force,
the actual Limit of Liability at the Construction Site is
that proportion of the provisional amount that the
replacement cost of the described property on that date
bears to the full completed value as of that same date, but
shall not, in any case, exceed the provisional amount.
If more than one Limit of Liability is applicable at the
Construction Site, the provisions of this paragraph shall
apply separately to each Limit of Liability and the
described property to which the Limit of Liability applies.
When this policy is subject to the Builders Risk Val- U-
Gard II Form 140603, provisions, the amount produced
by those provisions shall be the provisional amount.
/ 14. Coinsurance
In consideration of the reduced rate at which this policy is
written, it is a condition of this insurance that in the event
of loss, this Company shall be liable for no greater pro-
STOCK NO. 140360-01-83 REV.
.
portion thereof than the applicable provisional amount of
insurance under this policy bears to the full completed
value of the described property to which the provisional
amount is applicable at the date of loss.
15. Debris Removal Extension
This insurance covers expenses incurred in the removal of
all debris of the property insured hereunder which may be
occasioned by loss caused by any of the perils insured
against in this policy. Insurance on such expenses shall ap-
ply in addition to insurance otherwise provided by this
policy. The liability of the Company as respects such ex-
penses shall not exceed five percent (56,10) of the Limit of
Liability at the Construction Site. If more than one Limit
of Liability is applicable at the Construction Site, the pro-
visions of this paragraph shall apply separately to each
Limit of Liability and the described property to which the
Limit of Liability applies.
In no event shall this policy cover against loss occasioned
by the enforcement of any state or municipal law or or-
dinance which necessitates the demolition of any portion
of the insured building which has not suffered damage by
any of the perils insured against in this policy unless such
liability is specifically assumed elsewhere in the policy.
16. War Risk Exclusions Clause
The Company shall not be liable for any loss, caused
directly or indirectly, by (I) hostile or warlike action in
time of peace or war, including action in hindering, com-
bating or defending against an actual, impending or ex-
pected attack, (a) by any government or sovereign power
(de jure or de facto), or by any authority maintaining or
using military, naval or air forces or (b) by military, naval
or air forces; or (c) by an agent of any such government,
power, authority or forces; (2) any weapon of war
employing atomic fission or radioactive force whether in
time of peace or war; (3) insurrection, rebellion, revolu-
tion, civil war, usurped power, or action taken by govern-
mental authority in hindering, combating or defending
against such an occurrence, seizure or destruction under
quarantine or Customs regulations, confiscation by order
of any government or public authority, or risks of contra-
band or illegal transportation or trade.
17. Nuclear Exclusion Clause
The Company shall not be liable for loss by nuclear reac-
tion or nuclear radiation or radioactive contamintaion, all
whether controlled or uncontrolled, and whether such loss
be direct or indirect, proximate or remote, or be in whole
or in part caused by, contributed to, or aggravated by the
peril(s) insured against in this policy; however, subject to
the foregoing and all provisions of this policy, direct loss
by fire resulting from nuclear reaction or nuclear radia-
tion or radioactive contamination is insured against by
this policy.
18. Other Matters
Where in conflict, the foregoing provisions supersede the
terms and conditions of the policy to which these provi-
sions are attached. All other terms and conditions of the
policy remain unchanged.
P AGE THREE OF THREE
. .
./ AMENDATORY ENDORSEMENT
The Cancellation provision of the policy to which thIs endorsement is attached (Condition 18) is deleted and the following is substituted
therefor:
This policy may be cancelled by the Insured by surrender thereof to the Company or any of its authorized agents or by mailing to the
Company written notice stating when thereafter such cancellation shall be effective This policy may be cancelled by the C0'mpany by
mailing to' the Insured at the address shown in this policy or last known address written notice stating when, not less than ten (10) days
thereafter, such cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The time of sur-
render or the effective date of the cancellation stated in the notice shall become the end of the policy period. Delivery of such written
notice either by the Insured or by the Company shall be equivalent to mailing.
If the Insured cancels, earned premiums shall be computed in accordance with the customary short rate table and procedure. If the
Company cancels, earned premium shall be computed pro rata. Premium adjustment may be made at the time cancellation is effected
and, if not then made, shall be made as soon as practicable after cancellation becomes effective. The Company's check or the check of
its representative mailed or delivered as aforesaid shall be sufficient tender of any refund of premium due to the Insured.
POLICY NUMBER
I NSU RED
EFFECTIVE
ONE OF THE
PRODUCER
FIREMAN'S FUND INSURANCE COMPANIES
AS NAMED IN THE POLiCY
~ A ~:NT
10.X
140371-9-74
I
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BR300
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Paragraph 8(e) of Form 140360 is hereby deleted and replaced by the
fo11 owi ng:
e. Loss, damage or expense to any property stored in the open
wherever situated, excepting property in custody of a carrier
for hire, caused by or resulting from rain, snow, sleet, sand or
dust (whether driven by wind or not) unless the property is
contained in a permanently enclosed building, or room of a
partially constructed building, and wind or hail shall first
make an opening in the walls, roof or ceiling of the building or
room and, then the Company shall be liable only for loss to the
i nteri or of the buil di ng or room, and the property contai ned
therein, whichever is covered hereunder, caused by rain, snow,
sleet, sand or dust entering the building through such opening;
POLICY NUMBER
INSURED
EFFECTIVE
ONE OF THE
FffiEMAN'S FUND INSURANCE COMPANIES
AS NAMED IN THE POLICY
PRODUCER
~ ~ ~..v
- . f - - PRESIDENT
180009-6-65 SETS
1Q.X
,.
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-,
COMME;RCIAL
COVERAGE
'R().4,!CriJl,MENDMENTS
.
PR.OPERtYCOVERA()E
~~ppae.nentarySt!lte Endorsements
FIQl'id.
The following Endorsements shall apply only when specifically incorporated through appropriate entry in the Declarations.
· FLORIDA MANDA TORY ENDORSEMENT (Sinkhole Collapse Coverage) (SK-99)
(Applicable Only To Dwellings of Four Units or Less)
As respects locations specified in the Declarations as subject
to this endorsement, this policy insures against direct loss to
the property covered caused by:
Sinkhole collapse, meaning only actual physical damage to
such property arising out of, or caused by sudden settlement
or collapse of the earth supporting such property and only
when such settlement or collapse results from subterranean
voids created by the action of water on limestone or similar
. rock formations.
This policy does not insure against loss caused by abandon-
ment of the property covered.
Any provision in this policy which excludes loss by "earth
sinking" is amended to exclude loss by "earth sinking other
than sinkhole collapse."
All other terms and conditions of this policy remain un-
changed.
· SINKHOLE COVERAGE ENDORSEMENT (IL 04 08 08 81)
(Commercial Properties)
This policy is extended to insure against direct physical loss
resulting from the sudden sinking or collapse of the land in-
to underground empty spaces created by action of water on
limestone or similar rock formations.
There is no coverage under this endorsement for:
I. The value of land,
2. The cost of filling sinkholes,
3. Indirect or cbnsequentialloss, or
4. Loss of use.
Any provision of this policy which excludes loss due to earth
movement or earth sinking is amended to be inapplicable to
loss covered by this endorsement.
· WINDSTORM AND HAIL EXCLUSION ENDORSEMENT (Other than Dwelling Property) (Form No. 921 3-73)
As respects locations specified in the Declarations as subject
to this endorsement, and in consideration of a reduced
premium, this policy does not insure against loss caused by,
resulting from, contributed to or aggravated by the perils of
windstorm or hail, unless loss by fire or explosion ensues,
and this Company shall then be liable for such ensuing loss.
This exclusion shall not apply to insurance covering Loss of
Income and Additional Expense.
· FLORIDA AMENDATORY ENDORSEMENT (CF 01 02 10 79)
(Applies to properties in locations OTHER THAN those
locations stipulated in 3,2 Florida Amendatory Endorse-
ment (CF 01 03 10 79 below).
I. The following provision is added to the Property Cover-
age when the COINSURANCE clause applies.
Coinsurance Contract: The rate charged in this policy is
based upon use of a Coinsurance Clause attached hereto
with the consent of the Insured.
2. The DEDUCTIBLE clause in the Property Coverage
made a part of this policy is replaced by the following:
a. No deductible is applicable to the perils of fire, lightning
or removal.
b. When this policy is extended to include the Extended
!
This Endorsement must be allached to Change Endorsement when issued after the Policy is wrillen.
ONE OF THE nREMAN'S FUND INSURANCE COMPANIES AS NAMED IN THE POLICY
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PlEStDENT
STOCK NO. 140S28-FL-1l-82
PAGE ONE OF THREE
STOCK NO. 140S28-.'L-1l-82
Coverage or Vandalism or Malicious Mischief perils, the
following deductibles shall apply:
! The sum of $100 shall be deducted from the amount of loss
to property in anyone occurrence resulting from the perils
of Windstorm or Hail.
The sum of $50 shall be deducted from the amount of loss to
property in anyone occurrence resulting from the perils of
Smoke, Explosion, Riot, Riot Attending a Strike or Civil
Commotion, Aircraft or Vehicles, or Vandalism or Mali-
cious Mischief.
This deductible shall apply separately to each building
(including personal property therein), separately to personal
property in each building if no coverage is provided on the
containing building and separately to personal property in
the open (including within vehicles). The aggregate amount
of this deductible in anyone occurrence shall not exceed
$1,000.
This deductible shall not apply to insurance covering Loss of
PAGE TWO OF THREE
Income and Additional Expense.
This deductible shall not supersede any other deductible of
more than $100.
3. The following clause is applicable to all properties
located in the Counties of Broward, Dade, Martin and Palm
Beach and in all areas east of the west bank of the Inter-
Coastal Waterway in the Counties of Indian River and St.
Lucie when this policy is extended to include the Extended
Coverage peril of Windstorm:
Windstorm Exterior Paint and Waterproofing Clause: 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 shall not be considered in
the determination of the amountof deductible and the ac-
tual cash value when applying the Coinsurance Clause,
when loss is caused by windstorm.
. FLORIDA AMENDATORY ENDORSEMENT (CF 01 03 10 79)
(Applicable to properties located in MONROE COUNTY
and EAST OF THE WEST BANK of the INTER-
COASTAL WATERWAY in BROWARD, DADE, IN-
DIAN RIVER, MARTIN, PALM BEACH and ST. LUCIE
COUNTIES)
1. The following provision is added to the Property
Coverage when the COINSURANCE clause applies.
Coinsurance Contract: The rate charged in this policy is
based upon use of a Coinsurance Clause attached hereto
with the consent of the Insured.
2. The DEDUCTIBLE clause in the Property Coverage
made a part of this policy is replaced by the following:
a. No deductible is applicable to the perils of fire, lightning,
or removal.
b. When this policy is extended to include the Extended
Coverage or Vandalism or Malicious Mischief perils, the
deductibles shown in the Declarations shall apply.
(1) Windstorm or Hailstorm:
This policy does not cover against loss by anyone wind-
storm or hailstorm which shall be less than an amount deter-
mined by using the percentages shown in the Declarations of
the actual cash value of the property covered.
(a) The following Deductible is applicable, if indicated in
the Declarations, to all properties located east of the west
bank of the Inter-Coastal Waterway in Broward, Indian
River, Martin, Palm Beach and St. Lucie Counties:
Deductible A-I OJo Windstorm and Hailstorm Deductible
Clause
IOJo of the first $1,000,000. or fraction thereof, plus Yz OJo of
the next $2,000,000, or fraction thereof, plus 1/4 OJo of the
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.
(b) The following Deductible is applicable, if indicated in
.,
the Declarations, to all properties located east of the west
bank of the Inter-Coastal Waterway in Dade County:
Deductible B-1 OJo Windstorm or Hailstorm Deductible
Clause
IOJo of the first $2,000,000, or fraction thereof, plus 0.8OJo of
the next $2,000,000, or fraction thereof, plus 0.6OJo of the
next $2,000,000, or fraction thereof, plus OAOJo of the next
$2,000,000, or fraction thereof, plus 0.2OJo of the next
$2,000,000, or fraction thereof; however, in no event shall
the amount thus established be less than $200 nor more than
$60,000.
Deductible C - 2OJo Windstorm or Hailstorm Deductible
Clause
2OJo of the first $2,000,000, or fraction thereof, plus 1.6OJo of
the next $2,000,000, or fraction thereof, plus I.2OJo of the
next $2,000,000, or fraction thereof, plus 0.8OJo of the next
$2,000,000, or fraction thereof, plus OAOJo 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.
Deductible D - SOJo Windstorm or Hailstorm Deductible
Clause
5 OJo of the first $2,000,000, or fraction thereof, plus 4OJo of
the next $2,000,000, or fraction thereof, plus 3OJo of the next
$2,000,000, or fraction thereof, plus 2OJo of the next
$2,000,000, or fraction thereof ,plus IOJo of the next
$2,000,000, or fraction thereof; however, in no event shall
the amount thus established be less than $2,500 nor more
than $300,000.
(c) The following Deductible is applicable, if indicated in
the Declarations, to all properties located in Monroe
County:
Deductible E -
In the event of loss caused by windstorm or hailstorm, the
Company shall be liable for the percentage indicated in the
.
.
-,
Declarations of the amount of the loss in excess of the
amount indicated in the Declarations.
The Windstorm and Hailstorm deductible provisions shall
apply (1) separately to each building, if two or more build-
ings be covered hereunder, (2) separately to building and
separately to personal property if a building and its personal
property be covered hereunder, (3) separately to personal
property of each building, if the personal property of two or
more buildings be covered hereunder, (4) separately to per-
sonal property in the open, and (5) as respects all properties
located in Monroe County, separately to all screening and
supports except window and door screens.
The Windstorm or Hailstorm deductible shown in the
Declarations shall not apply to insurance covering Loss of
Income and Additional Expenses.
(2) Smoke, Explosion, Riot, Riot Attending a Strike or
Civil Commotion, Aircraft or Vehicles, or Vandalism or
Malicious Mischief:
The sum of $50 shall be deducted from the amount of loss to
property in anyone occurrence resulting from the perils of
Smoke, Explosion, Riot, Riot Attending a Strike or Civil
Commotion, Aircraft or Vehicles, or Vandalism or Mali-
cious Mischief.
, The deductible shown in the Declarations shall apply sepa-
rately to each building (including personal property therein),
-
.
separately to personal property in each building if no cover-
age is provided on the containing building and separately to
personal property in the open (including within vehicles).
The aggregate amount of the deductible in anyone oc-
currence shall not exceed $1,000.
The deductible shown in the Declarations shall not apply to
insurance covering Loss of Income and Additional Ex-
penses.
This deductible shall not supersede any other deductible of
more than $100.
3. The following is applicable only to properties located in
the Counties of Broward, Dade, Martin, Monroe and Palm
Beach, and in all areas east of the west bank of the Inter-
Coastal Waterway in the Counties of Indian River and St.
Lucie when this policy is extended to include the Extended
Coverage peril of Windstorm:
Windstorm Exterior Paint and Waterproofing Clause: 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 shall not be considered in
the determination of the amount of deductible and the ac-
tual cash value when applying the Coinsurance Clause,
when loss is caused by windstorm.
· CONDOMINIUM AMENDATORY ENDORSEMENT FLORIDA (CF 01 25 10 79)
A. BUILDING COVERAGE which are otherwise excluded or for which coverage IS
limited under this policy, the following is also excluded.
Household and Personal Property owned or used by or in
the care, custody or control of an individual unit-owner; but
this exclusion shall not apply to such property owned by the
named Insured and rented to an individual unit-owner.
1. Building(s), when designated in the Declarations and for
coverage designated in the Declarations shall also include:
a. Limited Coverage. Fixtures, installations or additions
comprising a part of the building within the unfinished in-
terior surfaces of the perimeter walls, floors and ceilings of
individual condominium units initially installed, or replace-
ments thereof, in accordance with the original condominium
plans and specifications.
b. Broad Coverage. Fixtures, installations or additions
comprising a part of the building within the unfinished in-
terior surfaces of the perimeter walls, floors and ceilings of
individual condominium units initially installed, or replace-
ments thereof, in accordance with the original condominium
plans and specifications, or installed by or at the expense of
the unit-owners.
2. With respect to coverage provided under this endorse-
ment, each unit-owner shall be considered as an additional
insured as interest may appear.
3. Other Insurance. If at the time of loss there is other in-
surance in the name of a unit-owner covering the same prop-
erty covered by this endorsement, the insurance afforded by
this policy shall be primary and not contributing with such
other insurance.
B. ADDITIONAL EXCLUSIONS
1. Property Excluded. In addition to the kinds of property
STOCK NO. 140S28-FL-11-82
C. OTHER PROVISIONS
1. Waiver of Subrogation. The Company hereby waives its
rights of subrogation against any unit-owner of the con-
dominium, but the Subrogation Clause of this policy other-
wise remains unchanged.
2. Loss Payable Clause.
a. Subject in all other respects to the proVISIOns of the
Mortgage Clause of this policy loss, if any, shall be adjusted
with the named Insured but shall be payable to the insurance
trustee designated by the appropriate governing body of the
Association.
b. Such payment to the insurance trustee shall constitute a
complete discharge of this Company's liability under this
policy for such loss.
3. For the benefit only of the named mortgagee(s), in the
event this policy is cancelled at any time by either this Com-
pany or the named Insured as provided by its terms, this in-
surance shall continue in force for 10 days after giving writ-
ten notice to such mortgagee(s) of such cancellation and
shall then cease.
PAGE THREE OF THREE
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INSURED
POL.ICY NUMBER
PRODUCER
EFFECTIVE DATE
BUILDER I S RISK RENOVATION COVERAGE ENDORSEMENT
! .
Insurance under Builder's Risk Fonn 140360 is amended to include the
following
1. Description of Property Covered. Item 1 covers only the Insured1s
interest in improvements, alterations, or repairs to the described
building or structure.
2. Property and Interests Excluded. Insurance to which this
endorsement applies does not cover real property which exi sted prior
to the construc~ion of the improvements, alterations or repairs.
3. Amount of Insurance or Value Reporting Clause. In the application
of any Amount of Insurance or Value Reporting Clause in the fonn to
which this endorsement is attached, the tenn "property" does not
include the value of real property which existed prior to the
construction of the improvements, alterations or repairs to which
this endorsement applies.
4. Occupancy Clause. The Occupancy Clause does not apply to the
property to which this endorsement applies.
CANCELLATIrn CLAUSE
IT IS lmERSTOOD AND AGREED THAT IN THE EVENT OF CANCELLATIrn OF THE POLICY
BY THE COMPANY, THE C(J4PANY SHALL PROVIDE 60 DAYS WRITTEN NOTICE OF SUCH
CANCELLATION TO THE INS~ED
ONE OF THE f:! J.._____ /
FIREMAN'S FUND INSURANCE COMPANIES "'I1u-
AS NAMED IN THE POL.ICY
PRE~IDENT 10-X
180001-1-65
.
.
IF THE FOLLOWING INFORMATION IS NOT COMPLETE, REFER TO THE APPROPRIATE DECLARATIONS ATTACHED TO THE POLICY.
INSURED POLICY NUMBER I SEQUENTIAL NO.
PRODUCER EFFECTIVE DATE
· 8. EXCLUSIONS
DECLARATIONS
ADDITIONAL MONTHLY RATE: $
ADDITIONAL PREMIUM (NON-REPORTING FORM): $
~ T_
ADDITIONAL PROVISIONS PREMIUM (REPORTING FORM): $ INCL
AMENDMENT(S): PARAGRAPH 8L IS HEREBY DELETED
. DEDUCTIBLE: $ 250.
· 8. Exclusions
In consideration of additional premium and additional rate
shown in the Declarations, paragraph 8. Exclusions of the
Builder's Risk Form 140360 is amended as shown in the
Declarations.
· Deductible
Each Claim for 19ss insured against as a result of the at-
tachment of this Endorsement shall be subject to the
Deductible stated in the Declarations in lieu of any other
deductible amount shown in this policy.
This Form must be attached to Change Endorsement when issued after the Policy is written.
STOCK NO. 140365-65-74 REV 2
.
ATTACH FORMS BELOW THIS UNE
.
Company, select a competent and disinterested appraiser, and the
appraisal shall be made at a reasonable time and pface. The ap-
praisers shall first select a competent and disinterested umpire, and
failing for fifteen (15) days to agree upon such umpire, then, on the
request of the Insured or the Company, such umpire shall be
selected by a judge of a court of record in the State in which such
appraisal is pending. The appraisers shall then appraise the loss.
stating separately the actual cash value at the time of loss and the
amount of loss, and failing to agree shall submit their differences to
the umpire. An award in writing of any two shall determine the
amount of loss. The Insured and the Company shall each pay his
or its chosen appraiser and shall bear equally the other expenses
of the appraisal and umpire. The Company shall not be held to
have waived any of its rights by any act relating to appraisal.
18. Cancellation. This policy may be cancelled by the Insured by
surrender thereof to the Company or any of its authorized agents
or by mailing to the Company written notice stating when there-
after such cancellation shall be effective. This policy may be can-
celled by the Company by mailing to the Insured at the address
g;hown in this policy or last known address written notice stating
when, not less than five (5) days thereafter, such cancellation shall
be effective. The mailing of notice as aforesaid shall be sufficient
· ~roof of notice. The time of surrender or the effective date of the
cancellation stated in the notice shall become the end of the policy
period. Delivery of such written notice either by the Insured or by
. the Company shall be equivalent to mailing.
If the Insured cancels, earned premiums shall be computed in ac-
cordance with the customary short rate table and procedure. If the
Company cancels, earned premium shall be computed pro rata.
Premium adjustment may be made at the time cancellation is effect-
ed and, if not then made, shall be made as soon as practicable after
cancellation becomes effective. The Company's check or the check
of its representative mailed or delivered as aforesaid shall be suffi-
cient tender of any refund of premium due to the Insured.
19. Changes. Notice to any agent or knowledge possessed by any
agent or by any other person shall not effect a waiver or a change
in any part of this policy or estop the Company from asserting any
right under the terms of this policy, nor shall the terms of this policy
be waived or changed, except by endorsement issued to form a
part of this policy.
20. Confonnity to Statute. Terms of this policy which are in con-
flict with the statutes of the State wherein this policy is issued are
hereby amended to conform to such statutes.
21. Civil Authority. Property covered under this policy against the
peril of fire is also covered against the risk of damage or destruc-
tion by civil authority during a conflagration and for the purpose
of retarding the same; provided that neither such conflagration nor
such damage or destruction is caused or contributed to by a peril
otherwise excluded herein.
IN WITNESS WHEREOF, the Company has caused this policy to be executed and attested, but this policy shall not be valid unless counter-
signed by a duly authorized representative of the Company.
~
SECRETARY
~~.~
PRESIDENT
SPECIAL STATE PROVISIONS
KANSAS. Suit. If this policy is issued in the State of Kansas, the words "five (5) years" are substituted for the words "twelve (12) months"
in Condition 16.
TEXAS. Notice of Loss and Suit. If this policy is issued in the State of Texas, the words "ninety-one (91)" are substituted for the word
"ninety (90)" in Condition 6 and the words "two (Z) years and one (1) day" are substituted for the words "twelve (1Z) months" in
Condition 16.
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Page 3 of 3