MEMO SPECIAL MULTI-PERIL POLICY
TO:
Elizabeth S. Haeseke , Assistant
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CII" OF CLEARWATER
Interdepartment Correspondence Sheet
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FROM:
Bill Held, Assistant Har
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COPI ES: Lucille Vlilliams, City Clerk
SUBJECT: Clea~later Beach Seafood - Lease
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DATE:
November $, 1982
I have revie~'led the insurance on subject lease and find it does comply
with requirements of the lease. There is a mistake on his insurance
policy, the city is not the mortgagee and I have passed this along to
the insurance c cmp any . They will be providing us with an amemdrirent to
correct this matter. I \>Till send you a copy when received.
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CITVLF CLEARWATER
Interdepartment Correspondence Sheet
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TO: aUl Burchfield. Barbonuter
FROM:
COPIES:
E1i&abath S. Bae.ekar. Aeautant City Mauser
,Lucllla WU11au, City Clerk /'
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Pr:CEIVEQ
SUBJECT: Cl..natar Beach 1eaf004
SEP 13 1982
DATE: September 9, 1982
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Pl.... pttosethar with B111 GooclriD aDCl cl.... up thu 1Dauraca
.ttar 18 accorcluc. with ,arap-apla ~ of IaU 1..... Attacla.d
1.a a copy of the Wonatioa r...rd1D~ich I haft rac.ived from
the City Clark. You wUl DOC. that tha City 18 indicated .. the
1IIOrt....... I. tllia COM'aCtt
.ttaebMnt
No~ SIIP'J 4
72
91
MEMORANDUM OF SPECIAL MULTI-PERIL POLICY
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GULP
tNaUAANCII COMPANY
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(A STOCK INSURANCE COMPANY)
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DECLARATIONS
Item 1. Named Insured and Mailing Address (No" Street, Town, County, state, Zip)
Cleanmter Beach Seafood.. Inc.
~i~::~ ~~ 33515 '-KE1VED
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JUN 1 1912
>i't''''rn.dtl.:(,;t~t.~ . I!.r,f.!!.! f,U ",tl;
11' ~46 -1365 P. O. SO)( 3344
n.7~ CAUSEWAY BOULEVARD ;;lEARWATER. Fl.13!illi
Item 2. Policy Period:
From 5/1/52
Years
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To 5NS5
alYf:!-~1
1~01 A,M. Standard Time at location of designated premises.
Item 3. The Named Insured is:
KJ Individual 0 Partnership 0 Corporation 0 Joint Venture 0 Other:
Item 4. Designated Premises (ENTER BELOW)
No.1 37 CaUSEWay Blvd.... Cleuwatert Fla. 33515
No.2
No.3
o Additional buildings or premises as designated on Supplemental Declarations attached.
Occupancy of Premises
~"OOlesale and Fet.ail
Item 5. INSURANCE IS PROVIDED WITH RESPECT TO THE DESIGNATED PREMISES AND WITH RESPECT TO THOSE COVERAGES AND KINDS OF PROPERTY FOR WHICH
A SPECIFIC LIMIT OF LIABILITY IS SHOWN SUBJECT TO ALL OF THE TERMS OF THIS POLICY INCLUDING FORMS AND ENDORSEMENTS MADE A PART HEREOF
"
SECTION I Building(s) Personal Property Personal Property DEDUCTIBLE
PROPERTY COVERAGE of the Insured of Others each occurrence I aggregate each occurrence
Coinsurance Percentage % 80% % $ See .Pola $ MP0336
Applicable
Loc, No, eldg. No. If no deductible stated above, the deductible shall be
limit 1 1 $ $ 60,,000 $
of $ $ $ $100 $1,000
Liability $ $ $ each occurrence aggregate each occurrence
Additional Cov, (Specify) Plate Qua --
SMP Form Mp.200 Bodily InjUry' Property Damage Premises Medical
SECTION II Bodily Injury and Property Damage Liability Liability Liability Payments
LIABILITY COVERAGE Combined Single Limit Premises Medical Payments
IF NO LIMIT SHOWN FOR
Limit oLLiability each occurrence aggregate each person each accident Mp.200 REFER TO COVERAGE
$ 300,000 $ 300,000 $ 250. $10,000 PART OR ENDORSEMENT
Additional Cov, (Specify)
Audit Period: Non-Auditable Unless Indicated By [8] 0 Annual q Semi-Annual o Quarterly o Monthly o Other:
o SECTION III-CRIME COVERAGE -As stated in the endorsement, made part of this Policy, if indicated by [8] ,
,)
Item 6. Forms and Endorsements made part of this policy at time of issue: (INSERT NO, AND EDITION DATE)
a. General Conditions, Form Mp.4 (Ed. ) List all those forms and endorsements which apply to both Section I and Section II including the General Conditions:
b. Section I-List only those forms and endorsements applying to Section I:
c, Section II-List only those forms and endorsements applying to Section II:
d. Section III-List only those forms and endorsements applying to Section III:
Item 7. Mortgagee: City of Clf"..aJ:Wat:er (NAME AND ADORESS)
Clean.'ater, Fla.. A. T .1 .M.A.
Item 8. The Total Advance Premium is: (ENTER BELOW)
$ It n3 , and is payable $ 591. at inception, and $ 591. at each anniversary,
~ NOT APPLICABLE UNLESS INDICATED BY AN X IN THE BOX AS "NOT APPLICABLE", THE PRE I FOR INSTALLMENTS SUBSEQUENT TO THE INITIAL
INSTALLMENT SHALL BE SUBJECT TO ADJUSTMENT ON THE BASIS OF HE TES IN EFFECT AT EACH ANNIVERSARY DATE.
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Jack ~ Agency
Authorized Representative
See IM-2130
Countersignature Date
Agency at Cleaxwater 1 Fla.
sse 5/12/82
THIS MEMORANDUM OF INSURANCE CONSISTING OF COPIES OF SPECIAL MULTI.PERIL CONDITIONS AND DEFINITIONS OR POLICY JACKET AND SP~- .. --.., _, ___" .no..
Mp.4, OECLARATlONS PAGE, AND FORMS AND ENDORSEMENTS. IF ANY, ISSUED TO FORM A PART THEREOF, IS FOR INFORMATION ONLY, IT IS NI /9 I _ ,t:
)80-M (Ed,5-77) ANCE BUT ATTESTS THAT A POLICY AS NUMBERED HEREIN, AND AS IT STANDS AT THE OATE OF THIS MEMORANDUM OF INSURANCE, HAS BEEN I, '0 ~ ~
N CONSIDERATION OF THE PREMIUM, INSURANCE IS PROVIDED THE NAMED INSURED WITH RESPECT TO THE DESIGNATED PREMISES SHOWN IN ITEM 4 ABOVE AND
VITH RESPECT TO THOSE COVERAGES AND KINDS OF PROPERTY FOR WHICH A SPECIFIC LIMIT OF LIABILITY IS SHOWN, SUBJECT TO ALL OF THE TERMS OF THIS
'OllCY INCLUDING FORMS AND ENDORSEMENTS MADE A PART HEREOF,
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CHANGE ENDORSEMENT
This endorsement is made a part of Policy No. SMP144 72 91
5-1.,..85
(expiration date)
of the Gulf Insurance CoInJ?any
Name of Insurance Company
and becomes effective on 5-1-82 at 12:01 am standard time.
Date
Name of insured Cleax:water Beach Seafood, Inc.
Amending Liability code 50421, Aroc>m1t of Sales, to
read: $300,000. in lieu of $250,000.
Adding Products Liability code 54991 (Retail Store) for
$250,000. Receipts.
Adding Products Liability code 58263 (Restaurant) for
$100,000. Receipts.
Premium Adjustment:
Endts. #l
Dates Due
Prevo Installments
Addt!. Prem.
Return Premo
Revised Instal.
5-1-82
$591.
$77.
$668.
(P/R SIR Factor_)
Agency
By
Jack Ransan ~.gency
469 (5-80)
5-26-82mn
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ENDOIlSEMENT
Name of lDIureA
C1ea:rwater Beach seafood, Ine
SMP FORMS AND ENDORSEMENTS
P 1i N b SMP 144 72 91
o cy um er
Effective Date
5/1/82
I d Clecuwater Beach seafood, Inc.
nsure
The following Forms and Endorsements apply under Item 6, of the
Declaration Page:
a. General Conditions - HP-4 (7-77) Form HP4 is replaced by
HP-0090 (7-79)
b. Section I
MP-0012(5/81),MP-0336(7/78) MP0460(7/77) 921(3/73)
IM-2153 (8/64)
c. Section 11- Form HP 200, if applicable is replaced by
HP 0093 (7-79) MP-9991(7/77} L9235(7/78)
d. Section III
All odau IIirmI ad CODditioaa of the Policy nmaiD v....I.."pd.
Auacbed to ad formiza, paR of Po1icr No. SMP1447291 ef cbe Gulf INSUJ.ANCE COMPANY, Dallaa, Tuu.
Uec:QT' Date of ~.aI*t? 5/1/82 Jack Fansan h:jency
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SPECIALl MUL TI.pERIL POLICY CONDITIONS ANJ DEFINITIONS
GENERAl CONDITIONS
MP 00 90
(Ed. 07 77)
The following Conditions apply to Section I and II except as otherwise indicated. Additional Conditions or modifications of the following Conditions may
appear in the specific coverage sections,
1. Premium. All premiums for this policy shall be computed in accor-
dance with the Company's rules, rates, rating plans, premiums and mini-
mum premiums applicable to the insurance afforded herein.
If this policy is issued for a period in excess of one year with a specified
expiration date and a premium is payable at each anniversary, such pre-
mium shall be determined annually on the basis of the rates in effect at
the anniversary date.
If this policy is issued for a period without a specified expiration date, it
may be continued by payment of the required premium for the succeed-
ing annual period, Such premium must be paid to the Company prior to
each anniversary date; if not so paid, this policy shall expire on the first
anniversary date that the said premium has not been received by the
Company.
2. Time of Inception. To the extent that coverage in this policy replaces
coverage in other policies terminating noon standard time on the incep-
tion date of this policy, coverage under this policy shall not become effec.
tive until such other coverage has terminated.
3. Cancellation. This policy may be cancelled by the named insured by
surrender thereof to the Company or any of its authorized agents or by
mailing to the Company written notice stating when thereafter the cancel-
lation shall be effective, This policy may be cancelled by the Company
by mailing to the named insured at the mailing address shown in the Dec-
larations, written notice stating when not less than ten days thereafter
such cancellation shall be effective, The mailing of notice as aforesaid shall
be sufficient proof of notice. The time of surrender or the effective date and
hour of cancellation stated in the notice shall become the end of the policy
period. Delivery of such written notice either by the named insured or by
the Company shall be equivalent to mailing,
If the named insured cancels, the Company shall, upon demand and sur-
render of this policy, refund the excess of paid premium above the cus-
tomary short rates for the expired time. If the Company cancels, earned
premium shall be computed pro rata. Premium adjustment may be made
either at the time cancellation is effected or as soon as practicable after
cancellation becomes effective, but payment or tender of unearned pre-
m ium is not a condition of cancellation.
Notice of cancellation addressed to the named insured and mailed to the
mailing address shown in the Declarations shall be sufficient notice to
effect cancellation of this policy.
4. Concealment or Fraud. This policy is void if any insured has inten-
tionally concealed or misrepresented any material fact or circumstance
relating to this insurance,
5. Assignment. Assignment of interest under this policy shall not bind
the Company until its consent is endorsed hereon. However, if the named
insured shall die, this insurance shall apply:
(a) to the named insured's legal representative, as the named insured,
but only while acting within the scope of his duties as such; or
(b) to the person having temporary custody of the property of the
named insured but only until the appointment and qualification of
the legal representative.
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MP 00 90 (Ed. 07 77)
6. Subrogation.
(a) In the event of any payment under this policy, the Company shall
be subrogated to all the insured's rights of recovery against any
person or organization and the insured shall execute and deliver instru-
ments and papers and do whatever else is necessary to secure such
rights, The insured shall do nothing after loss to prejudice such rights.
(b) The Company shall not be bound to pay any loss if the insured has
impaired any right of recovery for loss; however, it is agreed that
the insured may:
(1) as respects property while on the premises of the insured,
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, 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.
7. Inspection and Audit. The Company shall be permitted but not obli.
gated to inspect 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 constitute 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 and within
three years after the final termination of this policy, as far as they relate
to the subject matter of this insurance.
8. liberalization Clause. In the event any filing is submitted to the in-
surance supervisory authorities on behalf of the Company, and:
(a) the filing is approved or accepted by the insurance authorities
to be effective while this policy is in force or within 45 days prior to
its inception; and
(b) the filing includes insurance forms or other provisions that
would extend or broaden this insurance by endorsement or sub-
stitution of form, without additional premium;
the benefit of such extended or broadened insurance shall inure to the
benefit of the insured as though the endorsement or substitution of form
had been made.
9. Insurance Under More Than One Coverage, Part or Endorsement. In
the event that more than one coverage, part or endorsement of this policy
insures the same loss, damage or claim, the Company shall not be liable
for more than the actual loss or damage sustained by the insured,
10. Waiver or Change of Provisions. The terms of this insurance shall not
be waived, changed or modified except by endorsement issued to form a
part of this pOlicy.
Pap 1 of 6
COADITIONS APP"'ICAB~E TO SECTION I l
1. PCllicy Period, Territory. Section I of this policy applies only to loss
to property during the policy period while such property is within or be-
tween the fifty states of the United States of America, the District of Co-
lumbia and Puerto Rico.
2. Deductible. Unless otherwise provided in the Declarations:
(a) The sum of $100 shall be deducted from the amount of loss to
property in anyone occurrence. This deductible shall apply:
(1) separately to each building, including personal property
therein;
(2) separately to personal property in each building if no coverage
is provided on the containing building; and
(3) separately to personal property in the open (including within
vehicles),
(b) The aggregate amount of this deductible in anyone occurrence
shall not exceed $1,000.
3. Coinsurance Clause. The Company shall not be liable for a greater
proportion of any loss to property covered than the limit of liability
under this pOlicy for such property bears to the amount produced by mul-
tiplying the actual cash value of such property at the time of the loss by
the coinsurance percentage stated in the Declarations,
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 insurance
applicable to the property involved at the time such loss occurs, no special
inventory or appraisement of the undamaged property shall be required
providing that nothing herein shall be construed to waive the application
of t~e first paragraph of this clause.
If 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,
4. Removal. This policy covers loss by removal of the property covered
hereunder from premises endangered by the perils insured against, and
the amount of insurance applies pro rata for five days at each proper place
to which such property shall necessarily be removed for preservation,
5. Debris Removal. This policy covers expense incurred in the removal
of debris of the property covered which may be occasioned by loss by any
of the perils insured against in this policy, The total amount recoverable
under this policy for both loss to property and debris removal expense
shall not exceed the limit of liability applying to the property, Cost of reo
moval of debris shall not be considered in the determination of actual cash
value when applying the Coinsurance Clause.
6. War Risk And Governmental Action Exclusion. This policy under Sec-
tion I shall not apply to loss caused, directly or indirectly, by or due to any
act or condition incident to the following:
(a) hostile or warlike action in time of peace or war, including action
in hindering, combating or defending against an actual. impending or
expected attack (i) by any government or sovereign power (de jure or
de facto), or by any authority maintaining or using military, naval or
air forces; or (ii) by military, naval or air forces; or (iii) by an agent
of any such government, power, authority or forces, it being under.
stood 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 acti,on by such a government, power,
authority or forces;
(b) 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, confiscation by order of any gov.
ernment or public authority, or risks of contraband or illegal trans-
portation or trade,
7. Nuclear Clause And Nuclear Exclusion.
(a) Nuclear Clause (Not Applicable in New York), 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, proxi-
mate or remote, or be in whole or in part caused by, contributed to,
or aggravated by "fire" or any other perilS insured against by this
MP 00 90 (Ed. 07 77)
..
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 Clause (Applicable only in New York): This pOlicy does not
cover loss or damage caused by nuclear reaction or nuclear radiation
or radioactive contamination, all whether directly or indirectly result-
ing from an insured peril under this policy,
(c) Nuclear Exclusion (Not Applicable in New York): 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 in-
sured against by this policy; and nuclear reaction or nuclear radiation
or radioactive contamination, all whether controlled or uncontrolled,
is not "explosion" or "smoke", This clause applies to all perils
insured against hereunder except the peril of fire, which is otherwise
provided for in the nuclear clause above.
8. Other Insurance.
(a) If at the time of loss there is other insurance written in the name
of the insured upon the same plan, terms, conditions and provisions
as contained in this policy, herein referred to as Contributing Insur-
ance. 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 loss.
(b) If at the time of loss there is other insurance other than that as
described in (a) above, the Company shall not be liable for any loss
hereunder until:
(1) the Liability of such other insurance has been exhausted, and
(2) then for only such amount as may exceed the amount due from
such other insurance, whether collectible or not.
9. Duties Of The Named Insured After A loss. I n case of loss the named
insured shall:
(a) give immediate written notice of such loss to the Company;
(b) protect the building and personal property from further damage,
make reasonable temporary repairs required to protect the property,
and keep an accurate record of repair expenditures;
(c) prepare an inventory of damaged personal property Showing in de-
tail, quantity, description, actual cash value and amount of loss, Attach
to the inventory all bills, receipts and related documents that sub-
stantiate the figures in the inventory;
(d) exhibit the remains of the damaged property as often as may be
reasonably required by the Company and submit to examination un.
der oath;
(e) submit to the Company within 60 days after requested a signed,
sworn statement of loss that sets forth to the best of the named in-
sured's knowledge and belief:
(1) the time and cause of loss;
(2) interest of the insured and all others in the property involved
and all encumbrances on the property;
(3) other pOlicies of insurance that may cover the loss;
(4) changes in title or occupancy of the property during the term
of the policy;
(5) specifications of any damaged building and detailed estimates
for repair of the damage;
(6) an inventory of damaged personal property described in (c)
above;
(f) give notice of such loss to the proper police authority if loss is due
to a violation of law,
10. Appraisal. If the named insured and the Company fail to agree on the
amount of the loss, either can demand that the amount of loss be set by
appraisal. If either party makes a written demand for appraisal, each shall
select a competent independent appraiser. Each shall notify the other of
the selected appraiser's identity within twenty (20) days of the receipt of
the written demand,
Pqe 2 of 6
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The two appraisers shall select a competent, impartial umpire. If the ap-
praisers are unable to agree upon an umpire within fifteen (15) days, the
named insured or the Company may petition a judge of a Court of Record
in the state where the insured premises is located to select an umpire.
The appraisers shall then set the amount of the loss. If the appraisers sub-
mit a written report of an agreement to the Company, the amount agreed
upon shall be the amount of the loss. If the appraisers fail to agree within
a reasonable time, they shall submit their differences to the umpire. Writ-
ten agreement signed by any two of these three shall set the amount of loss.
Each appraiser shall be paid by the party, selecting that ,appraiser. Oth~r
expenses of the appraisal and compensation of the umpire shall be paid
equally by the named insured and the Company,
11. Company Options. If the Company gives notice within thirty (30)
days after it has received a signed, sworn statement of loss, it shall have
the option to take all or any part of the property damaged at an agreed
value, or to repair, rebuild or replace it with equivalent property.
12. Abandonment Of Property. The Company need not accept any prop-
erty abandoned by an insured.
13. Payment Of Loss. The Company will pay all adjusted claims within
thirty (30) days after presentation and acceptance of the proof of loss.
14. Privilege To Adjust With Owner.
(a) Except as provided in (b) below, or unless another payee is speci-
fically named in the policy, loss, if any, shall be adjusted With and
payable to the named insured,
(b) I n the event claim is made for damage to property of others held
by the insured, the right to adjust such loss or damage with the ow~er
or owners of the property is reserved to the Company and the receipt
of payment by such owner or owners in satisfaction thereof shall be
in full satisfaction of any claim of the insured for which such pay-
ment has been made,
If legal proceedings be taken to enforce a claim against the insured as
respects any such loss or damage, the Company reserves the right at
its option without expense to the insured to conduct and control
the defense on behalf of and in the name of the insured, No action of
the Company in such regard shall increase the liability of the Company
under this policy, nor increase the limits of liability specified in the
policy.
15. Suit. No suit shall be brought on this policy unless the insured has
complied with all the policy provisions and has commenced the suit within
one year after the loss occurs.
16. Permits And Use. Except as otherwise provided, permission is granted:
(a) to make alterations and repairs;
(b) in the event of loss hereunder, to make reasonable repairs, tem-
porary 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 ex-
penditures. The cost of any such repairs directly attributable to dam-
age by any peril insured against shall be included in determining the
amount of loss hereunder. Nothing herein contained i$ jntend.d to
modify the policy requirements applicable in case loss occurs, and in
particular the requirement that, in case loss occurs, the insured shall
protect the property from further damage.
17. Vacancy, Unoccupancy and Increase of Hazard.
(a) This Company shall not be liable for loss occurring while a de-
scribed building, whether intended for occupancy by owner or tenant
is vacant beyond a period of sixty consecutive days: "Vacant" or
"Vacancy" means containing no contents pertaining to operations
or activities customary to occupancy of the building, but a building
in process of construction shall not be deemed vacant.
(b) Permission is granted for unoccupancy.
(c) Unless otherwise provided in writing added hereto this Company
shall not be liable for loss occurring while the hazard is increased
by any means within the control or knowledge of the insured,
MP 00 90 (Ed. 07 77)
I
It Protective Safeguards. If as a condition of this insurance that the in-
sured shall maintain so far as is within his control such protective safe-
guards as are set forth by endorsement hereto.
Failure to maintain such protective safeguards shall suspend this insur-
ance only as respects the location or situation affected for the time of such
discontinuance.
19. Mortgage Clause-Applicable Only To 8uildings. This clause is effec-
tive if a mortgagee is named in the Declarations. The word "mortgagee"
includes "trustee", Loss to buildings shall be payable to the named mort-
gagee as interest may appear, under all present or future mortgages on the
buildings described in the Declarations in order of precedence of mort-
gages on them.
As it applies to the interest of any mortgagee designated in the Declarations,
this insurance shall not be affected by any of the following:
(a) any act or neglect of the mortgagor or owner of the described
buildings;
(b) any foreclosure or other proceedings or notice of sale relating to
the property;
(c) any change in the title or ownership of the property;
(d) occupancy 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 pre-
mium due under this policy, the mortgagee shall, on demand, pay the pre-
mium.
The mortgagee shall notify the Company of any change of ownership or
occupancy or increase of hazard which shall come to the knowledge of the
mortgagee, Unless permitted by this policy, such change of ownership or
occupancy or increase of hazard shall be noted on the policy and the
mortgagee shall on demand pay the premium for the increased hazard for
the term it existed under this policy, If such premium is not paid,. this
policy shall be null and void.
The Company reserves the right to cancel this policy at any time as pro-
vided by its terms, If so cancelled, this policy shall continue in force for the
benefit only of the mortgagee for ten days after notice to the mortgagee
of such cancellation and shall then cease. The Company shall have the
right to cancel this agreement on ten days notice to the mortgagee,
When the Company shall pay the mortgagee 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 subrogated to all the rights of the mortgagee to whom
such payment shall have been made, under the mortgage debt. I n lieu of
taking such subrogation, the Company may, at its option, pay to the
mortgagee the whole principal due or to grow due on the mortgage, with
interest accrued and shall thereupon receive a full assignment and trans-
fer of the mortgage and of all such other securities. However, no subroga-
tion shall impair the right of the mortgagee to recover the full amou nt of
said mortgagee's claim.
20. Recoveries. I n the event the Company has made a payment for loss
under the policy and a subsequent recovery is made of the lost or dam-
aged property, the insured shall be entitled to all recoveries in excess of
the amount paid by the Company, less only the actual cost of effecting
such recoveries,
21. Loss Clause. Any loss hereunder shall not reduce the amount of this
insurance.
22. No Benefit To Bailee. This insurance shall not inure directly or in-
directly to the benefit of any carrier or other bailee.
23. No Control. This insurance shall not be prejudiced:
(a) 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
(b) by failure of the insured to comply with any warranty or condi-
tion contained in any endorsement attached to this policy with reo
gard to any portion of the premises over which the insured has no
control.
Page 3 of 6
I 1
CO"DITIONS APPlICAB~ TO SECTION II
'J
1. 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 de-
posited 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,
2. Premium. Premium designated in this policy as "advance 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
period (or part thereof terminating with the end of the policy period)
designated in the Declarations as the audit 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 neces-
sary for premium computation and shall send copies of such records to
the Company at the end of the policy period and at such times during the
policy period as the Company may direct.
3. Financial Responsibility Laws. When this policy is certified as proof
of financial 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 com.
ply with the provisions of such law to the extent of the coverage and limits
of liability required by such law. The insured agrees to rei!"burse the Com-
pany 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.
4. Insured's Duties in the Event of Occurrence, Claim or Suit.
(a) In the event of an occurrence, written notice containing particulars
sufficient to identify the insured and also reasonably obtainable in-
formation with respect to the time, place and circumstances thereof
and the names and addresses of the injured 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,
(b) If claim is made or suit is brought against the insured, the insured
shall immediately forward to the Company every demand. notice,
summons or other process received by him or his representative,
(c) The insured shall cooperate with the Company and, upon the Com-
pany'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 wit.
nesses, The insured shall not, except at his own cost, volu ntarily make
any payment, assume any obligation or incur any expense other than
for first aid to others at the time of accident.
5. Medical Reports; Proof and Payment of Claim. As soon as practicable
the insured person or someone on his behalf shall give to the Company
written proof of claim, under oath if required, and shall, after each re-
quest from the Company, execute authorization to enable the Company
to obtain medical reports and copies of records, The injured person shall
submit to physical examination by physicians selected by the Company
MP 00 90 (Ed. 07 77)
when and as often as the Company may reasonably require, The Company
may pay the injured person or any person or organization rendering the
services and the payment shall reduce the amount payable hereunder for
such injury, Payment hereunder shall not constitute an admission of lia-
bility of any person or, except hereunder, of the Company,
6. Adion Against Company. No action shall lie against the Cbmpany un-
less, as a condition precedent thereto, there shall have been full Com-
pliance with all of the terms of this policy, nor until the amount of the
insured's obligation to pay shall have been finally determined either by
judgment against the insured after actual trial or by written agreement of
the insured, the claimant and the Company,
Any person or organization or the legal representative thereof who has
secured such judgment or written agreement shall thereafter be entitled
to recover under this policy to the extent of the insurance afforded by this
policy, No person or organization shall have any right under this pOlicy to
join the Company as a party in 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 obligations
hereunder,
7. Other Insurance.. The insurance afforded by this policy is primary in-
surance, except when stated to apply in excess of or contingent upon the
absence of other insurance, When this insurance is primary and the in.
sured 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 contribution provision below:
(a) Contribution by Equal Shares. If all of such other valid and collect-
ible insurance provides for contribution by equal shares, the Company
shall not be liable for a 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 any
one 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,
(b) Contribution by Limits. If any of such other insurance does not
provide for contribution by equal shares, the Company shall not be
liable for a greater proportion of such 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,
8. Annual Aggregate. If this policy is issued for a period in excess of
one year. any limit of the Company's liability stated in this policy as "ag-
gregate" shall apply separately to each consecutive annual period,
9. Nuclear Exclusion.
I. This pOlicy does not apply:
(a) Under any Liability Coverage, to bodily injury or property damage
(1) with respect to which an insured under this policy is also an
insured under a nuclear energy liability policy issued by Nuclear
Energy Liability Insurance Association, Mutual Atomic Energy
Liability Underwriters or Nuclear Insurance Association of Canada.
or would be an insured under any such policy but for its termina-
tion upon exhaustion of its limit of liability; or
(2) resulting from the hazardous properties of nuclear material
and with respect to which (i) any person or organization is re-
quired to maintain financial protection pursuant to the Atomic
Energy Act of 1954, or any law amendatory thereof, or (ii) 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 Supplemen-
tary Payments provision relating to first aid, to expenses incurred
with respect to bodily injury resulting from the hazardous properties
of nuclear material and arising out of the operation of a nuclear fa-
cility by any person or organization,
Page 4 of 6
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(c) Under any Liability Coverage, to bodily injury or property dama.se
resulting from the hazardous properties of nuclear material, if
(1) the nuclear material (i) is at any nuclear facility owned by,
or operated by or on behalf of, an insured or (ii) has been dis.
charged or dispersed therefrom;
(2) the nuclear material is contained in spent fuel or waste at
any time possessed, handled, used, processed, stored, trans.
ported or disposed of by or on behalf of an insured; or
(3) the bodily injury or property damage arises out of the furn:
ishing by an insured of services, materials, parts or equipment
in connection with the planning, construction, maintenance, op-
eration 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.
II. As used in this exclusion
"hazardous properties" include radioactive, toxic or explosive prop-
erties;
"nuclear material" means source material, special nuclear material
or byproduct material;
"source material", "special nuclear material", and "byproduct ma.
terial" 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;
I
"waste" means any waste material (1) containing byproduct material
and (2) resulting from the operation by any person or organization
of any nuclear facility included within the definition of nuclear
facility under paragraph (a) or (b) thereof;
"nuclear facility" means
(a) a ny nuclear reactor,
(b) any equipment or device designed or used for (1) separat-
ing the isotopes of 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, fabricat-
ing 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 combination 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 reactor" 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.
MP 00 90 (Ed. 07 77)
Page 5 of 6
DEANITIONS APPLICABI:.E TO SECTION II I
When used in the provisions applicable to Section II of this pOlicy (includ-
ing endorsements forming a part hereof):
"automobile" means a land motor vehicle, trailer or semitrailer 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;
"collapse hazard" includes "structural property damage" as defined
herein and property damage to any other property at any time resulting
therefrom, "Structural property damage" means the collapse of or struc-
tural injury to any building or structure due to (1) grading of land. ex-
cavating, borrowing, filling, back-filling, tunneling, pile driving, cofferdam
work or caisson work, or (2) moving, shoring, underpinning, raising or
demolition of any building or structure or removal or rebuilding of any
structural support thereof. The collapse hazard does not include property
damage (1) arising out of operations performed for the named insured
by independent contractors, or (2) included within the completed opera-
tions hazard or the underground property damage hazard, or (3) for which
liability is assumed by the insured under an incidental contract;
"completed operations hazard" includes bodily injury and property dam-
age arising out of operations or reliance upon a representation or warranty
made at any time with respect thereto, but only ifthe bodily injury or prop-
erty damage occurs after such operations have been completed or aban-
doned and occurs away from premises owned by or rented to the named
insured. "Operations" include materials. parts or equipment furnished in
connection therewith. Operations shall be deemed completed at the earliest
of the following times:
(1) when all operations to be performed by or on behalf of the named
insured under the contract have been completed,
(2) when all operations to be performed by or on behalf of the named
insured at the site of the operations have been completed, or
(3) when the portion of the work out of which the injury or damage
arises has been put to its intended use by any person or organization
other than another contractor 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 prop-
erty damage arisi ng out of
(a) operations in connection with the transportation of property, un-
less the bodily injury or property damage arises out of a condition in
or on a vehicle created by the loading or unloading thereof,
(b) the existence of tools. uninstalled equipment or abandoned or
unused materials, or
(c) 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 material hoist used in altera-
tion, 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;
"explosion hazard" includes property damage arising out of blasting or
explosion, The explosion hazard does not include property damage (1) aris-
ing out of the explosion of air or steam vessels, piping under pressure,
prime movers, machinery or power transmitting equipment, or (2) arising
out of operations performed for the named insured by independent con-
tractors, or (3) included within the completed operations hazard or the
underground property damage hazard, or (4) for which liability is assumed
by the insured under an incidental contract;
"incidental contract" means any written (1) lease of premises, (2) ease-
ment agreement, except in connection with construction or demolition
MP 00 90 (Ed. 07 77)
operations on or adjacent to a railroad, (3) undertaking to indemnify a
municipality required by municipal ordinance, except in connection with
work for the municipality, (4) sidetrack agreement, or (5) elevator mainte-
nance agreement;
"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;
"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 per-
manently 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 generators, including spraying, welding and
building cleaning equipment; and geophysical exploration and well servic-
ing equipment;
"named insured" means the person or organization named in Item 1. of the
declarations 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 ex-
posure to conditions, which results in bodily injury or property damage
neither expected nor intended from the standpoint of the insured;
"policy territory" means:
(1) the United States of America, its territories or possessions, or
Canada, or
(2) international waters or air space, provided the bodily injury or
property damage does not occur in the course of travel or transporta-
tion to or from any other country, state or nation, or
(3) 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 consumption within the territory described in paragraph (1)
above, provided the original suit for such damages is brought within
su ch territory;
"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 in-
jury 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 prop-
erty which has not been physically injured or destroyed provided such
loss of use is caused by an occurrence during the policy period;
"underground property damage hazard" includes underground property
damage as defined herein and property damage to any other property at
any time resulting therefrom, "Underground property damage" means
property damage to wires, conduits, pipes, mains, sewers, tanks, tunnels,
any similar property, and any apparatus in connection therewith, beneath
the surface of the ground or water, caused by and occurring during the
use of mechanical equipment for the purpose of grading land, paving, ex-
cavating, drilling, borrowing, filling, back-filling or pile driving, The under-
ground property damage hazard does not include property damage (1)
arising out of operations performed for the named insured by independent
contractors, or (2) included within the completed operations hazard, or
(3) for which liability is assumed by the insured under an incidental con-
tract.
Page 6 of 6
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ENDORSEME~T
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I
Name of Insured
~ BeIdl ...~
.Nm.Ul'JIN'. JlB.DItl)
C1t.y of ClM&wtR, CleuwatIIr, I'1ocida
A.".I.M.A.
lAB other terms and conditions of the Policy remain unchanged.
Attached to and forming part of Policy No. ..14472tl of the
5/lII2
Effective Date of Endorsement
tlJlf INSURANCE COMPANY, Dallas, Texas.
J&!k ___ ..q-
Agent
IM-2l 53 8-64
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COINSURANCE CONTRACT
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SPECIAL MULTI-PERIL POLICY
SECTION I-GENERAL PERSONAL PROPERTY FORM
MP 00 12
(Ed. 07 77)
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I. PROPERTY COVERED
PERSONAL PROPERTY OF THE INSURED: Business personal property
owned by the insured and usual to the occupancy of the insured, including
the insured's interest in personal property owned by others to the extent
oJ the value of labor, materials and charges furnished, performed or
incurred by the insured; all while (1) in or on the building(s) or (2) in the
open (including within vehicles) on or within 100 feet of the designated
premises,
This coverage shall also include Tenant's Improvements and Betterments,
meaning the insured's use interest in fixtures, alterations, installations
or additions comprising a part of the building(s) occupied but not owned
by the insured and made or acquired at the expense of the insured exclu-
sive of rent paid by the insured, but which are not legally subject to re-
moval by the insured,
PERSONAL PROPERTY OF OTHERS: This insurance shall cover for the
account of the owner(s) (other than the named insured) personal prop-
erty belonging to others in the care, custody or control of the insured,
while (1) in or on the building(s), or (2) in the open (including within vehi-
cles) on or within 100 feet of the designated premises,
Loss shall be adjusted with the named insured for the account of the
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
satisfaction thereof be in full satisfaction of any claim by the named
insured for which payments have been made,
II. PROPERTY NOT COVERED
This policy does not cover:
A. Animals and pets, aircraft; watercraft, including motors, equipment
and accessories (except rowboats and canoes, while out of water and on
the designated premises); and automobiles, trailers, semi-trailers or any
self-propelled vehicles or machines, except such property not licensed
for use on public thoroughfares and operated principally on the premises
of the insured,
This provision does not apply to the following types of property when
held for sale or sold but not delivered:
1. Animals and pets;
2, Motorcycles, motorscooters and snowmobiles;
3, Trailers designed for use with private passenger vehicles for
general utility purposes or carrying boats; or
4. Watercraft, including motors, equipment and accessories,
while not afloat.
This provision does not apply to the fOllowing types of property when
manufactured, processed or warehoused by the insured;
1. Aircraft;
2, Watercraft, including motors, equipment and accessories,
while not afloat; or
3. Automobiles, trailers, semi-trailers or any self-propelled vehi-
cles or machines,
8. Personal property while waterborne,
C. Outdoor trees, shrubs and plants, except when held for sale or sold but
not delivered, or as provided in the Extensions of Coverage,
D. Household and personal effects contained in living quarters occupied
by the insured, any officer, director, stockholder or partner of the insured
or relatives of any of the foregoing, except as provided in the Extensions
of Coverage,
E. Accounts, bills, currency, deeds. evidences of debt, money and securi-
ties.
F. Outdoor signs,whether or not attached to a building or structure,
G, Growi ng crops and lawns,
H. Property which is more specifically covered in whole or in part by this
or any other contract of insurance. except for the amount of loss which is
in excess of the amount due from such more specific insurance,
III. EXTENSIONS OF COVERAGE
Each of the limits of liability specified for the following Extensions of Coverage applies as an additional amount of insurance, The Coinsurance Clause
shall not apply to loss under the Extensions of Coverage.
The total amount recoverable under the Extensions of Coverage in this form and Extensions of Coverage in any other form made a part of this policy are
not cumulative and shall not exceed the largest amount recoverable under any single form made a part of this policy.
When, in accordance with the Other Insurance condition, there is Contributing Insurance, the Company shall not be liable for more tlian its pro rata share
of the limits set forth in the following Extensions of Coverage. .
A. Properly at Newly Acquired Locations: The i nsu red may apply up to
10% o/the limit of liability specified for Personal Property of the Insured,
but not exceeding $10,000, to cover direct loss in anyone occurrence by
a peril insured against to such property at any location (except fairs and
exhibitions) acquired by the insured for similar occupancies or ware-
housing purposes, elsewhere than at the designated premises within the
territorial. limits of this .policy, This coverage shall cease 30 days from the
date of such acquisition or on the date values at such locations are re-
ported to the Company, or on the expiration date of the po.licy,whichever
occurs first. Additional premium shall be due and payable for values so
reported from the date the property is acquired,
8, Off. Premises: The insured may apply up to 2% of the limit of liability
specified for Personal Property of the I nsured, but not exceeding $5,000,
at a described location to. cover direct loss in anyone occurrence by a
peril insured against to the property covered under Personal Property
of the Insured (other than merchandise or stock) while removed from
designated premises for purposes of c1eaning,repairing, reconstruction
or restoration, This Extension of Coverage shall not apply to property in
transit, nor to property on any premises owned, leased, operated or con-
trolled by the insured,
MPOO 12 (Ed. 07 77)
C, Personal Effects: The insured may apply up to $500 to cover direct
loss in anyone occurrence by a peril insured against to personal effects
while located on the designated premises, belonging to the insured, offi-
cers, partners or employees thereof, and limited to $100 on personal ef-
fects owned by anyone individual. This Extension of Coverage does not
apply if the loss is covered by any other insurance. whether collectible or
not. or which would have been covered by such other insurance in the
absence of this policy, At the option of the Company, loss under this Ex-
tension of Coverage may be adjusted with and payable to the insured,
0, Valuable Papers and Records: The insured may apply up to $500 to
cover direct loss in anyone occurrence by a peril insured against to valu-
able papers and records consisting of books of account, manuscripts,
abstracts, drawings, card index systems, film, tape, disc, drum, cell and
other magnetic recording or storage media for electronic data processing,
and other records, all the property of the insured at designated premises,
This Extension of Coverage covers only the cost of research and other ex-
pense necessarily incurred by the insured to reproduce, replace or re-
store such valuable papers and records. The total amount payable in any
one occurrence under this Extension of Coverage shall not exceed the
limit specified above, regardless of the number of premises designated
in the Declarations,
Pagel of 3
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FLORIDA AMENQAT9RY: ENDORSEMJNT
MP 03 36
(Ed. 07 78)
Coinsurance Contract: The rate charged in this policy is based upon use of a coinsurance clause contained in the Policy Conditions Applicable to Section
I, SMP Policy Conditions and Definitions Form, with the consent of the insured.
The following are exceptions to the Deductible Clause contained in the Policy Conditions Applicable to Section I, SMP Policy Conditions and Definitions
Form.
A, No deductible is applicable to the perils of fire and lightning with respect to coverage under Special Multi-Peril Policy:
General Building Form
General Personal Property Form
Special Building Form
Special Personal Property Form
Builders' Risk Completed Value Form
Special Builders' Risk Completed Value Form
B. 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 Malicious Mischief, with respect to coverage under Special
Multi-Peril Policy; General Building Form, General Personal Property Form and Builders' Risk Completed Value Form.
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 aggfegate
amount of this deductible in anyone occurrence shall not exceed $1,000.
This deductible shall not apply to insurance covering Business Interruption, Tuition Fees, Extra Expense, Rent or Rental Value or Leasehold Interest.
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 with respect to coverage under Special Multi-Peril Policy; Special Building Form,
Special Personal Property Form and Special Builders' Risk Completed Value Form.
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 Business Interruption, Tuition Fees, Extra Expense, Rent or Rental Value or Leasehold Interest.
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 amount of deductible and the actual cash value when applying the
Coinsurance Clause, when loss is caused by windstorm.
This Endorsement must be attached to Change Endorsement when issued after the Policy is written.
MP 03 36 (Ed, 07 78)
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GLASS COVERAGE ENDORSEMENT
EVI8PD
MP 04 60
(Ed. 07 77)
e In consideration of the payment of premium and subject to all the terms of this endorsement:
1. PROPERTY COVERED
This endorsement covers damage to the glass described in the schedule and to the lettering and ornamentation separately described therein, by breakage of the
glass or by chemicals accidently or maliciously applied,
The Company will pay for:
a. repairing or replacing frames immediately encasing and contiguous to such glass when necessary because of such damage;
b. installing temporary plates in or boarding up openings containing such glass when necessary because of unavoidable delay in repairing or replacing such
damaged glass:
c. removing or replacing any obstructions, other than window displays, when necessary in replacing such damaged glass, lettering or ornamentation.
2. SCHEDULE
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Description of Glass, Lettering and
Number Length Width Ornamentation; Position in Building. Specific
Loc. Bldg. of in in Tbe glass is plain flat glass with all edges limit, Premium
No. No. Plates Inches Inches set in frames, unless otherwise stated herein. if any
1 1 1 54 40 PlaiD Plata
1 60 54 Plain Plate
2 64 54 Pla1n P1at.e
Total Premium $
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3. EXCLUSION
Insurance provided by this Endorsement does not apply to loss caused by or due to fire,
4. CONDITIONS
limits of liability and Settlement Options: The limit of the Company's liability for damage shall not exceed the actual cash value of the property at time of loss,
nor what it would then cost to repair or replace the damaged property with other of the nearest obtainable kind and quality, nor the applicable limit of insurance
stated in the schedule: provided, however, the limit of the Company's liability under each of paragraphs (1a), (1b) and (1c) above, is $75 with respect to loss due
to anyone occurrence at anyone location separately occupied or designed for separate occupancy,
The Company may pay for the loss in money or may repair or replace the property, Any property so paid for or replaced shall become the property of the Company.
5. OTHER PROVISIONS APPUCABLE TO THIS ENDORSEMENT
The following conditions contained in the SMP Policy Conditions and Definitions Form are also applicable to this endorsement: Cancellation; Duties
of the Named Insured After a Loss; Inspection and Audit; Liberalization Clause; Nuclear Exclusion; Other Insurance; Policy Period, Territory; Protective
Safeguards; Subrogation; Suit; Time of Inception; War Risk and Governmental Action Exclusion.
This Endorsement must be attached to Change Endorsement when issued after the Policy is written.
MP 04 60 (Ed. 07 77)
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WINDSTORM AND HAIL EXCLUSION ENDORSEMENT
Form No. 921
(Ed,3.73)
(Other than Dwelling Property)
In consideration of a reduced premium, this poliCY does not insure against direct 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 only for such ensuing loss,
This exclusion shall not apply to insurance covering Business Interruption, Tuition Fees, Extra Expense, Additional living Expense, Rent or Rental Value or
leasehold I nteres!.
Form No. 921 (Ed,3-73)
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SECTION II LIABILITY COVERAGE J
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MP 00 93
(Ed. 07 77)
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SPECIAL MULTI-PERIL POLICY LIABILITY INSURANCE
BODILY INJURY LIABILITY
PROPERTY DAMAGE LIABILITY
I. The Company will pay on behalf of the insured all sums which the in-
sured 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 opera-
tions necessary or incidental to the business of the named insured con-
ducted 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 allega-
tions 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 de-
fend 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
(l) 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
10(lned to any insured;
(c) to bodily injury or property damage arising out of (1) the ownership,
maintenance, operation, use, loading or unloading of any mobile equip-
ment while being used in any prearranged or organized racing, speed or
demolition contest or in any stunting activity or in practice or prepara-
tion for any such contest or activity or (2) the operation or use of any
snowmobile or trailer designed for use therewith;
(d) to bOdily injury or property damage arising out of and inthe 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 damagearisilll'out of tbeownershfp,
maintenance, operation, use, loading or unloading of
(l) any watercraft owned or operated by or rented or loaned to any
insured, or
(2) any other watercraft operated by any persM in the course of his
employment by any insured;
but this exclusion does not apply to watercraft while ashore on prem-
ises owned by, rented to or controlled by the named insured;
(f) to bodily injury or property damage arising out of the discharge,
dispersal, release or escape of smoke, lIapors, soot, fumes, acids, alka-
lis, toxic chemicals, liquids or gases, waste materials or other irritants,
contaminants or pollutants into or upon land, the atmosphere or other
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 manufac-
turing, distributing, selling or serving alcoholic beverages, or
MP 00 93 (Ed. 07 77)
(2) if not so engaged, as an owner or lessor of premises used for
such purposes, if such liability is imposed
(i) by, or because of the violation of, any statute, ordinance or regu-
lation pertaining to the sale, gift, distribution or use of any alco-
holic beverage, or
(ii) by reason of the selling, serving or giving of any alcoholic bev-
erage 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 (ii) 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, unemployment
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
(l) 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 aris-
ing out of such premises or any part thereof;
(m) to loss of use of tangible property which has not been physically in-
jured or destroyed resulting from
(l) 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 perform-
ance. quality, fitness or durability warranted or represented by the
named insured;
but this exclusion does not apply to loss of use of other tangible prop-
erty resulting from the sudden and accidemal physical injury to or
destructionoftlie named insured's products or work performed 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 mate-
rials, 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 form a part, if such products, work or property are
withdrawn from the market or from use because of any known or sus-
pected defect or deficiency therein;
(q) to bodily injury or property damage due to war, whether or not de-
clared, civil war, insurrection, rebellion or revolution or to any act or
condition incident to any of the foregoing, with respect to
(1) liability assumed by the insured under any incidental contract, or
(2) expenses for first aid under the Supplementary Payments pro-
vision;
(r) to bodily injury and property damage arising out of demolition op-
erations performed by or on behalf of the insured.
Page 1 of 3
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GENERAL SCHEDULE~SECTION III
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SMP LIABILITY INSURANCE
MP 99 91
(Ed. 07 77)
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;.
. Description of Hazards and Locations
A)
The rating classifications herein, except as Code Premium 8ases Rales Advance Premiums
specifically provided elsewhere, do not modify
any of the provisions of the policy. No. t *8.1. P.O. *8.1. P.O.
(a) Area (Sq, F1,) a) Per 100 Sq, Ft. of Area
(a) Premises-Operations (b) Frontage b) Per linear Fool * For SMP Liability Insura
(c) Remuneration c) Per $100 of Remuneration Form Single Limit,
(b) Escalators (d) Number Insured (d) Per Landing Use B.1. Column.
(c) Independent Contractors-Let or Sublet Work (e) Cost (e) Per $100 of Cost Include Premium for
(d) Completed Operations (f) Receipts (f) Per $1,000 of Receipts Premises Medical Payme
Insurance in B.1. Column.
(e) Products (g) Sales (g) Per $1,000 of Sales
Meat., Piab, Aw~ or 50
Pcultzy, Who'"ftl. 121 A) 1,400 6.384 .054 89. 35.MI?
)fed""'] Paya8\t8 .559 8.00
E) Meat., Pish, Seafood or
Ptmltxy - Who*~]. CAI In :I) 250,000 .140 .013 42.00 Ie.
nce
nt
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tDescribe premium basis, if other than stated,
MP 99 91 (Ed. 07 77)
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(The Attaching Clause need be completed only when this endorsement is Issued subsequent to preparation of the polley.)
LIABILITY
GL 00 19 (Ed. 7.78)
GENERAL LIABILITY
AMENDATORY ENDORSEMENT -ADDITIONAL DEFINITION
L 9235
(Ed. 7.78)
This endorsement, effective
(12:01 A, M,. standard time)
, forms a part of policy No,
issued to
by
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Authorized Representative
It is agreed that the following definition is added:
"loading or unloading". with respect to an automobile, means the handling of property after it is moved from the place where it is accepted for
movement into or onto an automobile or while it is in or on an automobile or while it is being moved from an automobile to the place where it
is finally delivered, but "loading or unloading" does not include the movement of property by means of a mechanical device (other than a
hand truck) not attached to the automobile.
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OAUTHENi-icO
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