MEMO AND SPECIAL MULTI-PERIL POLICY REPORT
~'''''''''
TO:
FROM:
COPIES:
SUBJECT:
DATE:
,
Thomas A. Bustin,
Lucille Williams,
City Attorney
City Clerk ~
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C II Y 0 F C LEA R W ATE R
Interdeputment Corre.pondence Sheet
William F. Goodwin d/b/a Clearwater Beach Seafood Insurance
Policy
June 6, 1979
Please O.K. attached policy as it relates to
property damage. The agreement does not specify
limits.
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TO:
FROM:
COPIES:
SUBJECT:
DATE:
I
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c .Iv OF CLEARWATER
Int..f.partment Correspondence Sheet
Thomas A. Bustin, City Attorney
Lucille Williams, City Clerk
William P. Goodwin d/b/a Clearwater Beach Seafood Insurance
Policy
June 6, 1979
Please O.I. attached policy as it relates to
property damage. The agreement does not specify
limits.
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'lECEIVED
JUN 6 (979
SPECIAL MULTI-PERIL POLICY DAILY REPORT
iSMP
126 [Q!J 62
GULF
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CANCELLATION
LOSS
REINSURANCE
DECLARATIONS ,~T.X ~LE.BK.
Item 1. Named Insured and Mailing Address (No., Street, Town, County, state, Zip)
WILLIAM F. GOODWIN, D!A: ClEARWAlB. lEACH SEAFOOD
800 RICHARDS AVENUE
ClEARWATER, FUJlIDV7JS1.S
APPROVED BY
UNDERWRITING INFORMATION
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INSPECTION
RISK WITH US
CARDED
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Item 2, Policy Period:
From 5-l.-79
3 Years
YRS.
To
,....H8
12:01 A.M. Standard Time at location of designated premises.
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Item 3.
The Named Insured is:
[X] Individual 0 Partnership 0 Corporation 0 Joint Venture 0 Other:
Designated Premises (ENTER BELOW)
No.1 37 CAUSEWAY BlYJ., ClEARWATER, FlA. 3351.5
No.2
No.3
o Additional buildings or premises as designated on Supplemental Declarations attached.
.
Occupancy of Premises CD
wtn.ESAlE AND RETAILJ
Item 4.
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
Applicable % % % $ SEE RRH $ MP56
Loc. No. Bldg, No, If no deductible stated above, the deductible shall be
limit :L ], $ $ 40,000 $
of $ $ $ $100 $1,000
liability
$ $ $ each occurrence aggregate each occurrence
Additional Cov. (Specify) PLATE GLASS MP], 79
SMP Form MP-200 Bodily Injury I 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 of Liability each occurrence aggregate each person each accident MP-200 REFER TO COVERAGE
$ 300,000 $ 300.000 $ 250. $ :LO,OOO. PART OR ENDORSEMENT
Additional Cov. (Specify)
Audit Period: Non-Auditable Unless Indicated By ~ 0 Annual o 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 ~
Item 6, Forms and Endorsements made part of this policy at time of issue: (INSERT NO. AND EDITION DATE) W!)6(7-77J
a. General Conditions, Form MP-4 (Ed. 7-77 ) List all those forms and endorsements which apply to both Section I and Section II including the General Conditions:
IM2153(8-64)
b. Section I-List only those forms and endorsements applying to Section I: MPUlOA (7-77), HP8:L (7- n), MP:L26 (7- n), MP:L 19 (7- n)
c. Section II-List only those forms and endorsements applying to Section II: "200(7-17), MP].6(7-17), L9235(7-78)
d. Section III-List only those forms and endorsements applying to Section III:
Item 7, Mortgagee: CITY CF ClEARWATER (NAME AND ADDRESB)
ClEARWATER, FlA. A.T.I.M.A
Item 8, The Total Advance Premium is: (ENTER BELOW) _ 71.
$ , and is payable $-S9T; 5 at inception, and $ at each anniversary.
o NOT APPLICABLE UNLESS INDICATED BY AN X IN THE BOX AS "NOT APPLICABLE", THE PR I FOR INSTALLMENTS SUBSEQUENT TO THE INITIAL
iNSTALLMENT SHALL BE SUBJECTC~~_US~~~.~._~~._~HE BA~IS OF T RA~ EFFECT AT EACH ANNIVERSARY DATE,
Countersignature Date "-_.,~ -, - ,.,
Agency at ClEARWATER, FLA. JACK RANSf:I4 AGENCY
5-1.8-79 ... Authorized Representative
IN CONSIDERATION OF THE PREMIUM, INSURANCE is PROVIDED THE NAMED INSURED WITH RESPECT TO THE DESIGNATED PREMISES SHOWN IN ITEM 4 ABOVE AND
.WITH RESPECT TO THOSE COVERAGES AND KINDS OF PROPERTY FOR WHICH A SPECIFIC LIMIT OF LIABILITY IS SHOWN, SUBJECT TO ALL OF THE TERMS OF THIS
..POLICY INCLUDING FORMS AND ENDORSEMENTS MADE A PART HEREOF.
5080.D (Ed.5,77)
OTHER LINES NO, $ WITHIN NO, $ ,
SAME RISK 100 FEET
NO. S NO. S " .I
[ INSTALLMENTS
ENTRY PREMIUM DATE AMOUNT REINS. CC OP ANC RETURN YEAR YEAR YEAR
NO, COMPo DATE PREMIUM
ACTUAL OP ACTUAL OP ACTUAL OP
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CARDED CANCELATION ENTERED
-
PUT RE-INSURANCE
BINDER STAMP HERE
ENTERED CARDS PUNCHED CANCELA TION
RC NET
DATF PERCENTAGE
P/R 0
SiR 0
I F~AT 0 I
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REINSURANCE
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SPECtl MULTI-PERil ~OLlCX CONDITIONS to DEFINITIONS
_ GENERAL CONDITIONS -
Form Mp.4
(Ed. ].77)
The following Conditions apply to Section I and 1\ 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.
miumshallbe 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.
mium 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.
Form MP-4 (Ed. ],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.
], 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 within45 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.
Page 1 of 6
CONDtlONS APPLICABLE TO SECTION I I
1. Policy Period, Territory. Section I of this policy applies only to loss policy. However, subject to the foregoing and all provisions of this
to property during the policy period while such property is within or be- policy, direct loss by "fire" resulting from nuclear reaction or nuclear
tween the fifty states of the United States of America, the District of Co- radiation or radioactive contamination is insured against by this policy.
lumbia and Puerto Rico. (b) Nuclear Clause (Applicable only in New York): This policy does not
2. Deductible. Unless otherwise provided in the Declarations: cover loss or damage caused by nuclear reaction or nuclear radiation
(a) The sum of $100 shall be deducted from the amount of loss to or radioactive contami~ation, all.whet~er directly or indirectly result.
property in anyone occurrence. This deductible shall apply: Ing from an Insured penl under this policy.
(1) separately to each building including personal property (c) Nuclear Exclusion (Not App!icable in New York): Loss by nuclear
therein" reactIOn or nuclear radiation or radioactive contamination, all whether
, controlled or uncontrolled, or due to any act or condition incident to
(2) separately to personal property in each building if no coverage any of the foregoing is not insured against by this policy, whether such
is provided on the containing building; and loss be direct or indirect, proximate or remote, or be in whole or in
(3) separately to personal property in the open (including within part caused by, co~tribu~ed to, or aggravated by any of the perHs .in-
vehicles) sured against by this policy; and nuclear reaction or nuclear radiation
. .. . or rad ioactive contam ination, all whether controlled or uncontrolled,
(b) The aggregate amount of this deductible In anyone occurrence is not "explosion" or "smoke". This clause applies to all perils
shall not exceed $1,000. insured against hereunder except the peril of fire, which is otherwise
3, Coinsurance Clause. The Company shall not be liable for a greater provided for in the nuclear clause above.
proportion of any loss to property covered than the limit of liability 8 Other Insurance
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 (a) If at the time of loss there is other insurance written in the name
the coinsurance percentage stated in the Declarations. of the insured upon the same plan, terms, conditions and provisions
" as contained in this policy, herein referred to as Contributing lnsur-
In the event thatothe aggregatedalm .for any loss IS both I.ess than $10,000 ance, the Company shall be liable for no greater proportion of any loss
and .less than 5 Yo of the. limit of liabllit~ for all contnbutlng Insurance than the limit of liability under this policy bears to the whole amount
applicable to the pr.operty Involved at the time such loss occurs, no spepal of insurance covering such loss.
Inventory or appraisement of the undamaged property shall be reqUired
providing that nothing herein shall be construed to waive the application (b) If at the time of loss there is other insurance other than that as
of the first paragraph of this clause. described in (a) above, the Company shall not be liable for any loss
If . d S t' I f the I' . d"d d ' t t I' 't hereunder until:
Insurance un er ec Ion 0 IS po ICY IS IVI e In 0 separa e Iml s
of liability, the foregoing shall apply separately to the property covered (1) the Liability of such other insurance has been exhausted, and
under each such limit of liability, (2) then for only such amount as may exceed the amount due from
4. Removal, This policy covers loss by removal of the property covered such other insurance, whether collectible or not.
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 action 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.
], 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
Form MP-4 (Ed. ]-77)
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;
(I) 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.
Page 2 of 6
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The two appraisers shall select a conletent, i~p~rti~1 umpire. If the ap- ,
praisers are unable to agree upon ariliiplre 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. Other
expenses of the appraisal and compensation of the umpire shall be paid
equally by the named insured and the Company.
ll, 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) In 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 owner
or owners of the property is reserved to the Company and the receipt
of payment by sucl1 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 is intended 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.
Form MP-4 (Ed. 7,77)
18, Protective Safel'ards, It is a condition of this insurance that the in,
sured shall maintal 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 insure
ance only as respects the location or situation affected for the time of such
discontinuance.
19. Mortgage Clause-Applicable Only To Buildings. 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. In 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 amount of
said mortgagee's claim.
20. Recoveries. In 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 re'
gard to any portion of the premises over which the insured has no
control.
Page 3 of 6
CONDI'IONS APPLICABLE TO SECTION II I
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 reimburse 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) I n 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 obtai,ning the attendance of wit-
nesses. The insured shall not, except at his own cost, VOluntarily 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 injured 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
Form MP-4 (Ed. 7-77)
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. Action Against Company. No action shall lie against the Company 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 th,e 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, tI bodily injury or property. damage .'
resulting from the hazardous propeles 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;
Form MP-4 (Ed. 7.77)
"waste" meanlany waste material (1) containing byproduct material
and (2) result 19 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) any 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 contam i nation
of property.
Page 5 of 6
DEFINtlONS APPLICABLE TO SECTION II I
When used in the provisions applicable to Section II of this pOlicy (includ. operations on or adjacent to a railroad, (3) undertaking to indemnify a
ingendorsements forming a part hereof): municipality required by municipal ordinance, except in connection with
"automobile" means a land motor vehicle, trailer or semitrailer designed work for the municipality, (4) sidetrack agreement, or (5) elevator mainte-
for travel on public roads (including any machinery or apparatus attached nance agreement,
thereto), but does not include mobile equipment; "insured" means any person or arganization qualifying as an insured in
"bodily injury" means bodily injury, sickness or disease sustained by any the :'Persons Insured" provision of the applicabl~ insurance. coverage.
person which occurs during the policy period, including death at any time The In~urance afforded applies separately to each Insured against whom
resulting therefrom' claim IS made or SUIt IS brought, except with respect to the limits of the
' company's liability;
"collapse hazard" includes "structural property damage" as defined " . '" , " .
herein and property damage to any other property at any time resulting mobile eqUipment means a land vehicle (Including any machinery. or
therefrom. "Structural property damage" means the collapse of or struc' apparatus attached thereto~, whether or not self-propelled, (1) not subject
tural injury to any building or structure due to (1) grading of land, ex. to m~tor vehicle registration, or (2) malntal.ned for use exclUSively on
cavating, borrowing, filling, back-filling, tunneling, pile driving, cofferdam premises owne~ by ar rented to. the named Insured, Including the ways
work ar caissan work, or (2) moving, shoring, underpinning, raising or Immedlatel,y adJolnlng,.or (3) deSigned for use principally off public roads,
demolition of any building or structure or removal or rebuilding of any or (4) deSigned or maintained for the sole purpose of affording mobility
structural support thereof. The collapse hazard does not include property to equipment of the follOWing, ty~es forming an Integral part of or per-
damage (1) arising out of operations performed for the named insured manently.attached to such vehicle. power cranes, shovels! loader~, diggers
by independent contractors, or (2) included within the completed opera- and drills, concrete mixers (other than the, mIX-In-translt ty~e), graders,
tions hazard or the underground property damage hazard, or (3) for which scrapers, rollers and other road construction or repair equipment; alT-
liability is assumed by the insured under an incidental contract' com~ressors, ,pumps. and generators, including spraYing, welding a~d
. , . .,' bUlldln~ cleaning equipment; and geophYSical exploration and well servlc,
"completed operallons hazard" Includes bodily Injury and property dam- ing equipment;
age arising out of operations or reliance upon a representation or warranty " . " ",
made at any time with respect thereto, but only if the bodily injury or prop- namedmsured means the person or organization named In Item 1. of the
erty damage occurs after such operations have been completed or aban- declaratIOns of thiS policy,
doned and occurs away from premises owned by or rented to the named "named insured's products" means goods or products manufactured, said,
insured. "Operations" include materials, parts or equipment furnished in handled or distributed by the named insured or by others trading under
connection therewith. Operatians shall be deemed completed at the earliest his name, including any container thereof (other than a vehicle), but
of the following times: "named insured's products" shall not include a vending machine or any
(1) when all operations to be performed by or on behalf of the named property ot~er than such container, rented to or located for use of others
insured under the contract have been completed, but nat sold,
(2) when all operations to be performed by or on behalf of the named "occurrence" means an accident, includin~ c~~tinuous or repeated ex-
insured at the site of the aperations have been completed or po~ure to conditIOns, which results In bodily, '"Jury or, property damage
, neither expected nor Intended from the standpOl nt of the Insured;
(3) when the partian af the wark aut af which the injury ar damage ". '" .
arises has been put to. its intended use by any persan ar arganizatian policy territory means,
ather than anather cantractar ar subcontractar engaged in perfarming (1) the United States af America, its territaries ar passessians, ar
aperatians far a principal as a part af the same praject. Canada, ar
Operatians which may require further service ar maintenance wark, ar (2) international waters ar air space, provided the bodily injury ar
carrection, repair ar replacement because alany defect ar deficiency, but property damage daes nat accur in the caurse af travel or transparta-
which are atherwise camplete, shall be deemed campleted. tian to ar from any other country, state or nation, or
The completed operations hazard does not include bodily injury or prop- (3) anywhere in the warld with respect to damages because of bodily
erty damage arising aut of injury or praperty damage arising out of a product which was sold for
(a) operations in connection with the transpartation of property, un- use or cansumption within the territory described ,in paragraph (1)
less the bOdily injury or property damage arises out of a condition in above, provld,ed the Original SUit for such damages IS brought within
or on a vehicle created by the loading or unloading thereof, such territory,
(b) the existence of toa/s, uninstalled equipment or abandoned or "products hazard': inclu~es bodily injury.and property damage arising
unused materials or out of the named Insured s products or reliance upon a representation ar
' warranty made at any time with respect thereto, but only if the bodily in-
(c) operations for which the classification stated in the pOlicy or in jury or property damage occurs away from premises owned by or rented
the company's manual specifies "including completed operations"; to the named insured and after phYSical possession of such products has
"elevator" means any hOisting or lowering device to connect floors or been relinquished to others;
landings, whether or not in service, and all appliances thereof including "property damage" means (1) physi€al injury to ar destructian af tangible
any car, platfarm, shaft, halstway, stairway, run.way, pawer equipment property which accurs during the palicy periad, including the lass af use
and machinery; but daes nat ,Include an ,automobile servIcing hOist, ar a thereof at any time resulting therefram, ar (2) lass af use af tangible prap-
halst wlthaut a platfarm autslde a bUilding If wlthaut n:techanlcal pawer erty which has nat been physically injured ar destrayed pravided such
a.r If nat attached to. bUlldln~ \."alls, ar a ~ad ar mate~lal halst used In altera- lass af use is caused by an occurrence during the pal icy periad;
tlan, constructIOn or demolition operations, or an Inclined conveyor used
exclusively for carrying property or a dumbwaiter used exclusively for "underground property damage hazard" includes underground property
carrying property and having a compartment height not exceeding four feet; damage as defined herein and property damage to any other property at
", " ' , , , any time resulting therefrom. "Underground property damage" means
explo.slon hazard I,ncludes property damage arising out of blasting .or property damage to wires, conduits, pipes, mains, sewers, tanks, tunnels,
explOSion. The explOSion hazard does not Include property damage (1) arls- any similar property, and any apparatus in connection therewith, beneath
109 out of the explOSIOn of alT or steam vessels, P!plng under pressure, the surface of the ground or water, caused by and occurring during the
prime movers, machinery or power transmltt~ng equipment, or (2) arising use of mechanical equipment for the purpose of grading land, paving, ex-
out of operations performe~ for the named Insured b~ Independent con- cavating, drilling, borrowing, filling, back-filling or pile driving. The under-
tractors, or (3) Included Within the completed operallon~ hazard or the ground property damage hazard does not include property damage (1)
underg~ound property d~m~ge hazard, or (~) for which liability IS assumed arising out af operations performed for the named insured by independent
by the Insured under an inCidental contract, contractors, or (2) included within the completed operations hazard, ar
"incidental contract" means any written (1) lease of premises, (2) ease- (3) for which liability is assumed by the insured under an incidental con-
ment agreement, except in connection with construction or demolition tract,
Form MP-4 (Ed. 7-77)
Page 6 of 6
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I
ENDORSEMENT
I
Name of Insured
CLfMWATEP BEACH SEAFOOt:
~JTI(N~ INSUlQ
CITY OF CLEUWATER, CLEARWATERl flU.UDA
A.T.I.M.A
All other terms and conditions of the Policy remain unchanged,
Effective Date of Endorsement
or. 6<!>,f ,he GlJLI'm_~ANCE COMPANY, D,u.., T"..,
~-~,,".'.'P' .' vl~.-..-, A
>>DC AANSCf!! AGEfCY gent
Attached to and forming part of Policy No. Sf91.26
5-'1r- 19
IM,21 53 8-64
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I
FLORIDA AMENDATQRY ENDORSE~NT
Form Mp.S6
(Ed. 7-77)
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
(MP-4).
The following are exceptions to the Deductible Clause contained in the Policy Conditions Applicable to Section I (MP-4).
A. No deductible is applicable to the perils of fire and lightning.
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 form MP 100, MP 100A
and MP 102.
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 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 forms MP 101, MP 101A and MP 103-
This deductible shall apply separately to each building (including personal property therein), separately to personal property in each building if no cov-
erage 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 51. 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 water-
proofing 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 MP-20 when issued after the Policy is written,
Form MP-S6 (Ed. 7-77)
tit
tit
COINSURANCE CONTRACT
I SPECIAL MUL TI.PERIL POLICY I
SEIrION I-GENERAL PERSONAL PROPER"" FORM
Form MP-I00A
(Ed. 7.77)
~
tit
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
of 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.
Thiscoverage 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 reo
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.
c1es) 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 o~ 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.
c1es or machines.
B. 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.
0, 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, Growing 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 than its pro rata share
of the limits set forth in the following Extensions of Coverage.
A. Property at Newly Acquired Locations: The insured may apply up to
10% of 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 pOlicy, whichever
occurs first. Additional premium shall be due and payable for values so
reported from the date the property is acquired.
B. Off.Premises: The insured may apply up to 2% of the limit of liability
specified for Personal Property of the Insured, 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 cleaning, 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.
Form MP-IOOA (Ed. 7-77)
C. Personal Effects: The rnsured 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 accou nt, 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.
Page 1 of 3
,
E. Outdoor Trees, Shrubs and Plants: The insured lay apply up to $1,000
to cover outdoor trees, shrubs and plants, exceptl;hen held for sale or
sold but not delivered, at the designated premises against direct loss in any
one occurrence by the perils of fire, lightning, explosion, riot, civil com-
motion or aircraft, but only to the extent such perils are insured against
herein. The Company shall not be liable for more than $250 on anyone
tree, shrub or plant, including expense incurred for removing debris
thereof.
F. Extra Expense: The insured may apply up to $1,000 to cover the
necessary extra expense incurred by the insured in order to continue as
nearly as practicable the normal operations of the insured's business
immediately following damage by a peril insured against under this form
to the buildings or personal property situated at the designated premises.
"Extra expense" means the excess of the total cost incurred during the
period of restoration chargeable to the operations of the insured's busi-
ness over and above the total cost that would normally have been incurred
to conduct the business during the same period had no loss occurred.
Any salvage value of property obtained for temporary use during the period
of restoration, which remains after the resumption of normal operations,
shall be taken into consideration in the adjustment of any loss hereunder.
"Period of restoration" means that period of time, commencing with the
date of damage and not limited by the date of expiration of this policy, as
would be required with the exercise of due diligence and dispatch to re-
pair, rebuild or replace such part of said buildings or personal property
as have been damaged.
The Company shall not be liable under this Extension of Coverage for:
1. loss of income;
2. the cost of repairingl' r replacing any of the described-property,
or the cost of research r other expense necessary to replace or
restore 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 that have been damaged by a peril not otherwise
excluded, except cost in excess of the normal cost of such repair,
replacement or restoration necessarily incurred for the purpose
of reducing the total amount of extra expense. In no event shall
5uch excess exceed the amount by which the total extra expense
otherwise payable under this Extension of Coverage is reduced; or
3. any other consequential or remote loss.
G, Non-Owned Personal Property: The insured may apply at each loca-
tion up to 2 % of the limit of liability specified for Personal Property of
the Insured at such location, but not exceeding $2,000, as an additional
amount of insurance, to cover for the account of the owners thereof (other
than the named insured) direct loss by a peril insured against to personal
property, similar to that covered by this policy, belonging to others while
in the care, custody or control of the named insured and all while (1) in or
on the building(s), or (2) in the open (including within vehicles) on or with,
in 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 shall be in full satisfaction of any claim by the named
insured for which payments have been made. As respects personal prop-
erty belonging to others, this provision shall replace any loss payable
provision of this policy,
IV. PERILS INSURED AGAINST
This policy insures against all direct loss to the property covered under
this form caused by:
A, FIRE.
8, LIGHTNING.
C. WINDSTORM OR HAil, excluding loss caused directly or indirectly by
frost or cold weather, or ice (other than hail), snow or sleet, whether
driven by wind or not.
1. This Company shall 'not be liable for loss to the interior of the
building(s) or the property covered therein caused:
(a) by rain, snow, sand or dust, whether driven by wind or
not, unless the building(s) covered or containing the prop-
erty covered shall first sustain an actual damage to roof or
walls by the direct action of wind or hail and then shall be
liable for loss to the interior of the building(s) or the prop-
erty covered therein as may be caused by rain, snow, sand
or dust entering the building(s) through openings in the
roof or walls made by direct action of wind or hail; or (b)
by water from sprinkler equipment or from other piping,
unless such equipment or piping be damaged as a direct
result of wind or hail.
2. The Company shall not be liable for Windstorm or Hail damage
to the following property:
(a) Windmills, wind pumps or their towers;
(b) Crop silos or their contents;
(c) Metal smokestacks; or
(d) When outside of buildings,
(1) Grain, hay, straw or other crops;
(2) Trees, shrubs or plants;
(3) Awnings of fabric or slat construction, canopies
of fabric or slat construction, including their sup-
\ports;
(4) Radio or television antennas, including their
lead-in wiring, masts or towers.
D, EXPLOSION, including direct loss resulting from the explosion of ac-
cumulated gases or unconsumed fuel within the firebox (or combustion
chamber) of any tired vessel or within the flues or passages which con-
duct the gases of combustion therefrom.
Form MP-I00A (Ed. 7-77)
1. This Company shall not be liable for loss by explosion of steam
boilers, steam pipes, steam turbines or steam engines, if owned
by, leased by or operated under the control of the insured.
2. The following are not explosions within the intent or meaning
of these provisions:
(a) Shock waves caused by aircraft, generally known as
"sonic boom",
(b) Electric arcing,
(c) Rupture or bursting of rotating or moving parts of
machinery caused by centrifugal force or mechanical
breakdown,
(d) Water hammer,
(e) Rupture or bursting of water pipes,
(f) Rupture or bursting due to expansion or swelling of the
contents of any building or structure, caused by or resulting
from water,
(g) Rupture, bursting or operation of pressure relief de-
vices.
E. SMOKE, meaning sudden and accidental damage from smoke, other
than smoke from agricultural smudging or industrial operations.
F, AIRCRAFT OR VEHICLES, meaning only direct loss resulting from ac-
tual physical contact of an aircraft or a vehicle with the property covered
or with the building(s) containing the property covered, except that loss
by aircraft includes direct loss by objects falling therefrom.
This Company shall not be liable for loss:
1. by any vehicle owned or operated by an insured or by any
tenant of the designated premises;
2. by any vehicle to fences, driveways, walks, or when outside of
bu ildings, to trees, shrubs or plants;
3. to any aircraft or vehicle including its contents other than
stocks of aircraft or vehicles in process of manufacture or for sale,
The word "vehicles" means vehicles running on land or tracks but not
aircraft. The word "aircraft" shall include self-propelled missiles and
spacecraft.
G. RIOT, RIOT ATTENDING A STRIKE OR CIVIL COMMOTION, including
direct loss by acts of striking employees of the owner or tenant(s) of the
building(s) while occupied by said striking employees and shall also in-
Page 2 of 3
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c1ude dirett loss from pillage and lootil occurring during and at the
immediate place of a riot, riot attending strike or civil commotion,' The
Company shall not be liable for loss resulting from damage to or destruc-
tion of the property due to change in temperature or humidity or interrup-
tion of operations whether or not such loss is covered by this policy as
to other perils.
H. VANDALISM OR MALICIOUS MISCHIEF, meaning only the willful and
mal icious damage to or destruction of the property covered.
This Company shall not be liable for loss:
1. to glass (other than glass building blocks) constituting part
of a building, structure or an outside sign;
2. by pilferage, theft, burglary or larceny, except that this Com-
pany shall be liable for willful damage to the building (s) covered
caused by burglrs in gaining entrance to or exit from such build-
ing(s) or any pal of the building(s).
3, by explosion of steam boilers, steam pipes, steam turbines or
steam engines, if owned by, leased by, or operated under the con-
trol of the named insured; or by rupture or bursting of rotating
or moving parts of machinery caused by centrifugal force or me.
chanical breakdown;
4, from depreciation or deterioration; nor, unless specifically
endorsed, for any loss resulting from change in temperature
or humidity;
5. if the building(s) had been vacant or unoccupied beyond a
period of 30 consecutive days immediately preceding the loss,
whether or not such period commenced prior to the inception
date of this policy.
V. EXCLUSIONS
D, loss caused by, resulting from, contributed to or aggravated by any
of the following:
1. earth movement, including but not limited to earthquake, land.
slide, mudflow, earth sinking, earth rising or shifting;
2. flood, surface water, waves, tidal water or tidal wave, overflow
of streams or other bodies of water, or spray from any of the fore-
going, all whether driven by wind or not;
3. water which backs up through sewers or drains; or
4. water below the surface of the ground including that which
exerts pressure on or flows, seeps or leaks through sidewalks,
driveways, foundations, walls, basement or other floors, or through
doors, windows or any other openings in such sidewalks, drive-
ways, foundations, walls or floors;
unless fire or explosion as insured against ensues, and then this Company
shall be liable for only loss caused by the ensuing fire or explosion.
VI. V ALUA TION
C, Valuable Papers and Records:
1. Books of account, manuscripts, abstracts, drawings, card
index systems and other records (except film, tape, disc, drum,
cell and other magnetic recording or storage media for electronic
data processing) for not exceeding the cost of blank books. cards
or other blank material plus the cost of labor incurred by the
named insured for transcribing or copying such records.
2. Film, tape, disc, drum, cell and other magnetic recording or
storage media for electronic data processing for not exceeding the
cost of such media in unexposed or blank form.
D. All other property at actual cash value at the time of loss, but not
exceeding the amount which it would cost to repair or replace the prop-
erty with material of like kind and quality within a reasonable time after
such loss, nor in any event for more than the interest of the named insured.
Page 3 of 3
This policy does not insure under this form against:
A. loss occasioned directly or indirectly by enforcement of any ordi-
nance or law regulating the use, construction, repair, or demolition of
proj:lerty including debris removal expense.
B, loss occasioned directly or indirectly by any electrical injury or dis-
turbance to electrical appliances, devices, fixtures or wiring caused by
electrical currents artificially generated unless fire as insured against
ensues, and then this Company shall be liable for only loss caused by the
ensuing fire.
C. loss caused directly or indirectly by the interruption of power or other
utility service furnished to the designated premises if the interruption
takes place away from the designated premises. If a peril insured against
ensues on the designated premises, this Company will pay only for loss
caused by the ensuing peril.
The following bases are established for valuation of property:
A. The value of all stock actually sold but not delivered shall be the price
at which it was sold, less all discounts and unincurred expenses.
B. Tenant's Improvements and Betterments:
1. If repaired or replaced at the expense of the named insured
within a reasonable time after loss, the actual cash value of the
damaged or destroyed improvements and betterments.
2. If not repaired or replaced within a reasonable time after loss,
that proportion of the original cost at time of installation of the
damaged or destroyed property which the unexpired term of the
lease or rental agreement, whether written or oral, in effect at the
time of loss bears to the periods from the dates such improve-
ments or betterments were made to the expiration date of the lease.
3. If repaired or replaced at the, expense of others for the use of
the named insured. there shall be no liability hereunder.
Form MP-IOOA (Ed. 7-77)
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WINDSTORM AND HAIL EXCLUSION ENDORSEMENT
Form MP-81
(Ed. 7.77)
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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 and 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 Interest
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This Endorsement must be attached to Change Endorsement MP-20 when issued after the Policy is written.
Form MP-81 (Ed.].77)
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COINSURANCE CONTRACT
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REPLACEMENT COST COVERAGE ENDORSEMENT
form MP-126
(Ed. ],77)
This endorsement applies only with respect to the premises described in the following Schedule and affords insurance on a replacement cost basis only on
the property described below.
SCHEDULE
location Of Premises
location No. Building No.
Property Covered on a
Replacement Cost Basis
(Specify Building or
Personal Property of the Insured
or both)
PERSf.f4AL PROPERTY
],
1.
1. Replacement Cost Clause: The provisions of Section I of this policy applicable to the property described as covered on a replacement cost basis are
amended to substitute the term "replacement cost (without deduction for depreciation)" for the term "actual cash value" wherever it appears in this
policy, and the Coinsurance Clause of this endorsement supersedes and replaces all other Coinsurance Clauses otherwise applicable, subject in all
other respects to the provisions of this endorsement and of Section I of this policy.
2. This policy does not cover the following property on a replacement cost basis:
(a) stock (raw, in process or finished) or merchandise, including materials and supplies in connection therewith;
(b) property of others;
(c) household furniture or residential contents;
(d) books of account, abstracts, manuscripts, drawings, card index systems and other records (including film, tape, disc, drum, cell and other magnetic
recording or storage media);
(e) paintings, etchings, pictures, tapestries, statuary, marbles, bronzes, antique furniture, rare books, antique silver, porcelains, rare glassware and
bric.a.brac, or other articles of art, rarity or antiquity; or
(f) carpeting, cloth awnings, air conditioners, domestic appliances and outdoor equipment, all whether permanently attached to the building structure
or not.
3. The Company shall not be liable under this endorsement for any loss unless and until the damaged or destroyed property is actually repaired or replaced
by the insured with due diligence and dispatch.
4. Coinsurance Clause: This Company shall not be liable for a greater proportion of any loss or damage to the property covered under this policy than the
limit of liability under this policy for such property bears to the amount produced by multiplying the coinsurance percentage applicable (specified in
this policy) by the total of (a) the replacement cost (without deduction for depreciation) of that part of said property which is specifically described
as covered on a replacement cost basis and (b) the actual cash value of that part of said property which is covered on an actual cash value basis at the
time of loss.
In the event that the aggregate claim for any loss is both less than $10,000 and less than 5% of the limit of liability for all contributing insurance
applicable to the property involved at the time such loss occurs, no special inventory or appraisement of the undamaged property shall be required,
provided that nothing herein shall be construed to waive application of the 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.
The value of property covered under Extensions of Coverage, and the cost of the removal of debris, shall not be considered in the determination of
actual cash value or replacement cost when applying the Coinsurance Clause.
5, This Company's liability for loss on a replacement cost basis, shall not exceed the smallest of the following amounts:
(a) the amount of this policy applicable to the damaged or destroyed property;
(b) the replacement cost of the property or any part thereof identical with such property on the same premises and intended for the same occupancy
and use; or
(c) the amount actually and necessarily expended in repairing or replacing said property or any part thereof.
6. The insured may elect to make claim under this policy in accordance with its provisions, disregarding this endorsement, except that the foregoing
Coinsurance Clause shall apply; and the insured may make further claim for any additional liability brought about by this endorsement in accordance
with its provisions, provided the Company is notified in writing within 180 days after loss of the insured's intent to make such further claim.
This endorsement must be attached to Change Endorsement Mp-20 when issued after the policy is written,
Form MP-126 (Ed.].77)
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GLASS CO\(ERAGf; ENDORSEMENTI
Form MP-179
(Ed. 7-77)
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
da maged glass;
c. removing or replacing any obstructions, other than window displays, when necessary in replacing such damaged glass, lettering or ornamentation.
2, SCHEDULE
Description of Glass, Lettering and
Number Length Width Ornamentation; Position in Building. Specific
Loc, Bldg, of in in The glass is plain flat glass with all edges Limit, Premium
No. No, Plates Inches Inches set in frames, unless otherwise stated herein, if any
" :t 2 90 44 Tefl!REl>
:5 90 .. lIMIERED
Total Premium $ neL.
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 Ii mit of insurance
stated in the schedule; provided, however, the limit of the Company's liability under each of paragraphs (1a), (1b) and (1 c) above, is $75 with respect to loss due
to anyone occurrence at anyone location separately occupied or designed for separate occupancy.
The Company may pay for the loss in money or may repair or replace the property. Any property so paid for or replaced shall become the property of the Company.
5. OTHER PROVISIONS APPLICABLE TO THIS ENDORSEMENT
The following conditions contained in the form MP-4 are also applicable to this endorsement: Cancellation; Duties of the Named Insured After a Loss;
Inspection and Audit; Liberalization Clause; Nuclear Exclusion; Other Insurance; Policy Period, Territory; Protective Safeguards; Subrogation; Suit;
Time of I nception; War Risk and Governmental Action Exclusion.
This Endorsement must be attached to Change Endorsement MP-20 when issued after the Policy is written.
Form MP-179 (Ed. 7-77)
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SECTJON II LIABIlITY COVERAGI
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Form Mp.200
(Ed. ].77)
SPECIAL MULTI.PERll POLICY LIABIlITY INSURANCE
BODILY INJURY LIABILITY
PROPERTY DAMAGE LIABILITY
I. litre Company will, pay on behalf of the insured all'$umS which the In-
sured shall become legalty llbligated to pay as damages because of
,bodi'y injury or
'property damage, ,
to which this insurance applies, caused by an occurrence, and arising out of
the ownership, maintenance or uSe of the in~Ufed preMises and all opera-
tiO'1ls 'necessary or mcidentarto the bUsiness oHhe'lIamed insured con-
ducted at or fromtlie insured premises; and the company ~hall have the
right and duty to defend any suit against the iMUfedseelling damages on
aceoum of such bodily injilry or property damage, even if any oHIle allega-
tionS' of the suit are groundfess,f8ls~ or fr~dulent,a'ndmay make such
investigation and setlrement~f any c1aimorsuita~ it ~e~ms expedient, but
thetompany shall not be obhgatedto lJsY'any cla.m or Judgment or to de-
fend any suit after the applitlible limit of theeompany's liability has been
exhausted by payment of judgments or settlements.
, ',' , . , . '1M'., ~,. .,,~ '", i ",
Excrusions ,:
This insurance does not apply:
(,a) to, )ia"bility a,~~um~(d," b,Y', the.". i,ll, ,~,~d"",ll4'l,"I', iI,l!iY, '~~,i ~",ral;ro, rag"'{~me,,nt
exc~ptan'in~deillll tll!lfrad-,: ,but this' ex.clll:slonifoes hot apply. to a
warr8,nty Of fitness or qoality Qf the miMed insn's ","ucls ora
warranty thatworkperfori'ned by oJ on ,be,h~lf of the nanwd Insured will
be done in a workmanlike manner;' ,..,
(b) to, bodily injury or property damqe'aiisiog out of the ownershiIJ,
maintenance, operation, use, loading or unloadiing of
(1) any automobHe 01" air~raftowl1.ed or operated by or rented 9r:
loaned to any insured; or' , '
(2) any other automobile or aircraft oper~d~ by any person in th.'
course of his employment by any insured;
but this exclusion does not 'apply tothep;Vkingof anautemobile o~
insured premises, if such automobile is not owned by or rented or
'Io~ned to any i~~ ",' ,
(c) to bodily injury or PJ,opefty damaaearising out of (l)t~e owpership,
mainte~nce, operation.~ use, I~~ingor unloading of any \1!ObiIe-equip-
m~nt while being llsed in arwprearRlriged,~organized rlW;ng,.speed or
demolition contest or in any swnting ,ac~ivity,pr in practice or.prepara-
liQn for any such contest oracti~ty or(2) the operation oru.se of any
snowm'obile or trailer designed for use therewith; ,
(d) to bodily injury or property damage arising out of and in the course of
the transportation of mobile equipment by an aiitilnl~bile owned or
operated ~~ or relltedor loaped, to any insured;
(e) to bodily injury or property damage arising out of the ownership,
maintenance, operation, use, loading Oful1l~iftg of,
(1) any watercraft ,owned or operated by. or reuted or loaned to any
insured, or '. : .. .
(2) any other watercraft operated. by any;person,in the course of his
'co employment by any.in~ ': ,." '
but this exclusion 'does' n~~ ~plyto watercraftW~lI~ aShOflUln prll/ll',
Ises owned by, rented to or controlled by the named Insured;
(I) to bodily injury or property damage arising out of the cij~arge,
dispersal, release or escape of smoke, vapors, soot, fumes, acids, alka,
lis, toxic chemicals, liquids or gases, waste matenals or other'irritants,
contaminants or pollutants into or upon land, the atmosp8r,e;or other
water course or body of water; but this exclusioll doe~ not apply if such
discharge, dispersal, release or escape is sudden and accidental;
, ,j' - - ~
(g) to bodily injury or property damage arisi ng out of operations on or
from premises (other than insured premises)owfte~ by, rented to or
controlled by the named insured, or to li!lbility aS$lme(Lby.the insured
under any contract or agreement relating to such premises;
(h) to bodily injury or property damagef.or which the, insured or his
indemnitee may be held liable' ' " '
0)' as a. pe~son. or org~"I~~iol1eng~ged' in, ~he ~Usiness of, manufac-
tUflng, dlstflbutll\g, selhngllT serving alcoho'l~ beverages, or
Forr,w, Mp.200 (Ed. 7.77)
(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 ofthe 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 sellina\ serving or giving of any alcoholic bev-
erage to a minor or to a p~rson 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 bis indem nitee 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 unde"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
(1) property owned or occupied by or rented to the insured,
(2) property used by the insured, or
(3) property in the care, cl/:'StOdy 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 cOlltrolled by the named insured;
(I) to property damage to premises alienated by the named insured aris-
ing out of. such prem ises onlny' part thereof;
(m) to loss of use of tangi~le property which has not been physically in-
jur~d, or destroyed result}pg 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, qllality, fitness or durability warranted or represente~ by the
named insured;
but this exclusion does not apply to loss of use of other tangible prop'
erty resulting from the sudden ,1Ind ilccidental physical injury to or
destruction of the 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 o~on behalf of the named
insured arising out of the work or any portion thereof, or out of mate'
rials,partt orequ ipment 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 Qr deficiency therein;
(q) t6 bodily injury or property damage due to war, whether or not de-
clared; cil/i1 war, insurrection; rebellion or revolution or to any act or
condition incident to any of the foregoing, with respect to
(l) li!lbility 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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(s) to property damage included within:
(1) the explosion hazard in connection with operations identified in
this policy by a classification code number which includes the sym.
bol "x",
(2) the collapse hazard, in connection with operations identified in
this policy by a classification code number which includes the sym.
bol "c",
(3) the underlround property damage hazard in connection with op'
erations identified in this policy by a classification code num~er
which includes the symbol "u".
II., PERSONS INSURED
Each, of the following is an insured under this insurance to the extent set
forth below:
(aUf the named insured is designated in the Declarations as an in.
dividual. the person so d,esignatedbutonly with respect to the conduct
of a business of which he- is the sole' proprietor and the spouse of the
,named insured with respect to the ~Qllduct of such a business;
{b) if the named insured is designated in the Declarations as a partner.
ship or joint venture, the partnership or joint venture so designated and
anY, partner or member thereof but only with respect to his liability as
such;
(c) if the named insured is designated in the Declaration$ asot~[thln
an individual, partnership or joint venture, the organization s,o desig.
nated and any executive officer, 'director or stockholder thereot' while
acting within the scope of his duties,as such;
(d) any person (other than an emplpyee of the named insured) or
organization while acting as real esfate manager for the named insured;
and '
(e) with respect to the operation, for the purpose of locomotion upon a
publiC highway, of mobile equipment r~istered under any motor vehi-
c1eregistration law; , '. , , '
(i) an employee of the nlmed insured while operating any such
equipment in the course of his employment, and
(ii) any other person while operating with the permission of the
named insured any such equipment registered in the name of the
named insured and any person or 'organization legally responsible
for such operation, but only if there is no other valid and collectlble
insurance available, either on a primary or excess basis, to such per-
son or organization;
provided that no person or orpn1zationshall be an insured under this
paragraph (e) with respect to:! ,;
(1) bodilY injury to any fellow employee of such person injured in
the course of his employment, or
(2) proPerty damage,to pl'Il]lerty owned by, rented to, in charge of
or occupied by then_d:ln$uted or, the employer of any person
described in subparagraph '(ii). 'OJ '" ,
This insurance does oot apply to bodily injury or property dllllage arising
out of the conduct of any partnership or joint venture of which the insured
is a partner or member and which is not designated in this policy as a
named insured.
III,:, ~i,Mrtf OF lIA~lllTY
Regardless of the number of (1) insureds {Jndet this policy, (2) persons
or organizations who sustain bodily injury or property damacl, or (3)
claims made or suits brought on accou nt of bodily injury or property
damage, the company's liability is Iimi!ed as follows:
BodDy Injury and Property Damage COmbined-Subject to the provisions
below concerning "aggregat~", limit Oflia!}ility stated in the Declarations
as applicable to "each occurrence" is the total limit of the company's lia-
bility becaus~, of aodily Injury and property Damage Cembillld for all
dam~es as the reSult of ~y one occurrence, provided that with rllSpect
to any occurrence for which notic. of this policy is given in lieu of security
or when this policy is certified as .proof of financial responsibility under
the provisions of ttle motorvenicle financial responsibility law of any
state ,or province, such limit of lia\lj~ty.shaU beapp.lied,to pr6Videthe sep.
arate limits required by such law for bodily injury liability and property
damage liability to the extent of the cover~&e required by such law, but the
separate application of such Iirriit shall nof increase the total limit of the
company's liability. ' ,
Form MP-200 (Ed. 7-77)
I
The total liability of the company for all damages because. of all bodily injury
and property dam ale to which this coverage applies and described in any
of the numbered subparagraphs below shall not exceed the limit of lia.
bility stated in the schedule as "aggregate".
(1) all property damille arising out of premises or operations rated
on a remuneration basis or contractor's equipment rated on a receipts
basis, including property damage for which liability is assumed under
any incidental contract relating to such premises or operations, but
excluding property damale included in subparagraph (2) below;
~(2) all ~.perty damll' arising out of and occurring" in the course of
operation~, performed for the ~ insured by independent contrac-
tors and, general supervision th~of by the named insured, including
any. such p,:operty dlllllle for which liability is assumed under any
incidellllkcontract relating tll such ,llperations, but this subparagraph.
(2) does not. incl{Jdeproperty damace arising out of maintenance or
repairs at premises owned by or, rented to the named insured or struc-
tural alterations at such premises which do not involve changing the
size of or 1]10ving buildings or other structures;
(3) all bodily injury and property damite included within the com.
pleted operations hazard and all bodily injury and property damac.
included within the products hazard.
Such ~r~g~te limit shall apply s.eparatelX (i) to t~e, property damal'
described?n ~ubparagraphs (1), inil'. <ZJ" (u), te, t~e SUl!l' of, the damages
of all bod,I, J,\liury and all property damlle describ,ed in subparagraph (3)
and (iii) separately with resp~ct to each project away from premises
owned blor rented to the named insured.
Btdily Injury and Property Damap-For the purpose of determining the
limit of the company's liability, all bMily injury and property damage
arising out of continuous or repeated exposure to, substantially the same
general conditions shall be considered as arising out of one OCc\lrrence,
IV. ADDITIONAL DEFINITION
When used in reference to this insurance (including endorsements
forming a'part of.thl! policy):
"insured premises" means (1) the premises desigl,lated in thedeclara-
tions, (2) premises alienated by the named insured (other than premo
ises constructed for sale by the named insured), if possession has been
relinquished to others, and (3) premises as to which the named insured
acquires ownership or 'control and reports his intention to insure such
~rl!mises under this policy and no' other within 30 days after such
acquisition; and includes the ways immediately adjoining such premises
on land.
V. POliCY TERRITORY
This insurance applies only toboclily injtir'yor property damage which
occur~within the policy territory.
PREMISES MEDICAL PAYMENTS
I. I The company will pay to or for each person who sustains bodily injury
caused by accident all reasonable medical expense incurred within one
year from the date of the acc;ide~t Oil account of such bodily injury, pro.
vided such bodily injury arises out of a condition in the insured premises
oro.perations with respect to, ~hich the named insured is afforded cov-
erage for bodily injury liability under this policy,
ExtllfSiie'tls
Th,is insurance does not apply:
-(a~ to IMilIir, injury
" (1) 'arising out of the own~rship, maifltenance, operation, use, load-
ing or unloading of
(i) any automobile or aircraft owned ,or operated by or rented to
or loa.ed to any insured, or
(ii) any other automobile or air~raft operated by any person in
the course of his employmenlby any insured;
but this exclusion does not apply to the parking of an aulomobile on
the insured premises, if such automObi,le is not owned by or rented
or loaned to any 'insured;
Pili lof 3
e
:e
I
(2) arising out of (i) the ownership, maintenance, operation, use,
loading or unloading of any mobile equipment while being used in
any prearranged or organized racing, speed or demolition contest
or in any stunting activity or in practice or preparation for any such
contest or activity or (ii) the operation or use of any snowmobile or
trailer designed for use therewith;
(3) arising out of the ownership, maintenance, operation, use, loading
or unloading of
(i) any watercraft owned or operated by or rented or loaned to
a ny insured, or
(ii) any other watercraft operated by any person in the course of
his employment by any insured;
but this exclusion does not apply to watercraft while ashore on the
insured premises; or I
(4) arising out of and in the course of the transportation of mobile
equipment by an automobile owned or operated by or rented or
loaned to any insured;
(5) arising out of operations on or from premises (other than in-
sured premises) owned by, rented to, or controlled by the named
insured;
(b) to bodily injury
(1) included within the complete operations bazard or the products
hazard;
(2) arising out of operations performed for the named insured by
'independent contractors other than (i) maintenance and repair of
the insured premises or (ii) structural alterations of such premises
which do not involve changing the size of or moving buildings or oth-
er structures;
(3) resulting from the selling, serving or giving of any alcoholic bev-
erage (i) in violation of any statute, ordinance or regulation, (ii) to a
minor, (iii) to a person under the influence of alcohol or (iv) which
causes or contributes to the intoxication of any person, if the named
insured is a person or organization engaged in the business of manu-
facturing, distributing, selling or serving alcoholic beverages or, if
not so engaged, is an owner or lessor of premises used for such
purposes but only part (i) of this exclusion (b) (3) applies when the
named insured is such an owner or lessor;
(4) due to war, whether or not declared, civil war, insurrection, re.
bellion or revolution, or to any act or condition incident to any of
the foregoing;
(c) to bodily injury
(1) to the named insured, any partner therein, any tenant or other
person regularly residing on the insured premises or any employee
of any of the foregoing if the bodily injury arises out of and in the
course of his employment therewith;
Form MP-200 (Ed. 7-77)
J
(2) to any other tenant if the bodily injury occurs on that part of the
insured premises rented from the named insured or to any employee
of such a tenant if the bodily injury occurs on the tenant's part of the
insured premises and arises out of and in the course of his employ-
ment for the tenant;
(3) to any person while engaged in maintenance and repair of the
insured premises or alteration, demolition or new construction' at
such premises;
(4) to any person if any benefits for such bodily injury are payable
or required to be provided under any workmen's compensation, un-
employment compensation or disability benefits law, or under any
similar law;
(5) to any person practicing, instructing or participating in any
physical training, sport, athletic activity oreontest;
(d) to any medical expense for services by the named insured, any
employee thereof or any person or organization under contract to the
named insured to provide such services.
II. LIMITS OF LIABILITY
The limit of liability for Premises Medical Payments Coverage .stated in
the schedule as applicable to "each person" is the limit of the Company's
liability for all medical expense for bodily injury to anyone person as the
result of anyone accident; but subject to the above provision respecting
"each person", the total liability of the Company under Premises Medical
Payments Coverage for all medical expense for bodily injury to two or
more persons as the result of anyone accident shall not exceed the limit
of liability stated in the schedule as applicable to "each accident".
When more than one medical payments coverage afforded by this policy
applies to the loss, the Company shall not be liable for more than the
amount of the highest applicable limit of liability.
III. ADDITIONAL DEFINITION
When used in reference to this insurance (including endorsements form-
ing a part of the policy):
"insured premises" mean all premises owned by or rented to the named
insured with respect to which the named insured is afforded coverage
for bodily injury liability under this policy, and includes the ways im,
mediately adjoining on land;
"medical expense" means expenses for necessary medical, surgical,
x-ray and dental services, including prosthetic devices, and necessary
ambulance, hospital, professional nursing and funeral services.
IV, POLICY PERIOD; TERRITORY
This insurance applies only to accidents which occur during the policy
period within the United States of America, its territories or possessions,
or Canada.
Page 3 of 3
<nr
I
GENERAL ,SCHEI)ULE-SECTIONII
SMP LIABILITY INSURANCE
Form MP-16
(Ed. ].77)
tit
Description of Hazards and locations
e
The rating classifications herein,except as specifically Code Premium Bases Rates Advance Premiums
provided elsewhere, do not modify any of the provisions of No.
the policy. t *B.1. P.O. *B.1. P,D.
(a) Area (Sq. Ft.) a) Per 100 Sq. Ft. of Area
(a) Premises-Operations (b) Frontage b) Per linear Foot *For Form MP-200,
(c) Remuneration (c) Per $100 of Remuneration Single limit, Use B.1.
(b) Escalators (d) Number Insured d) Per landing 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 Payment
I nsurance in 8,1. Colum n.
(e) Products (g) Sales (g) Per $1,000 of Sales
. ",'
I",
'e
r
tDescribe premium basis, if other than stated.
Form MP-16 (Ed. ]-77)
m," At...,,:, C".~ .... ",Id" ... .... \hr, ..-... '~ 'u." .......... to "t"". " to. .."".,
GL 00 19 (Ed, 7.78)
GENERAL LIABILITY
AMENDATORY ENDORSEMENT-ADDITIONAL DEFINITION
ent, effective
(12:01 A. M., standard time)
. forms a part of policy No,
- - - - - - -. -. - - - - - -. - - - - - - - - ~ - - - - - - - - - - - - - -. - - - - - - - - - - - - - - - - - - - - - - - --
Authorized Representative
It the following definition is added:
ading", with respect to an automobile, means the handling of property after it is moved from the place where it
>r onto an automobile or while it is in or on an automobile or while it is being moved from an automobile to the
red, but "loading or unloading" does not include the movement of property by means of a mechanical device
attached to the automobile.
~
.
. .
~~ l .
I ' J
CHANGE ENDORSEMENT
EI
This endorsement is made a part of Policy No.
of the Gulf Insurance Company
SMP 126 04 62
Name of Insurance Company
at 12: 01
and becomes effective on 5-1-79
Date
Name of insured William F. Goodwin DBA: Clearwater Beach Seafood
standard time.
Correcting policy premium to read:
$579.
/7
Premium Adjustment: End. #1
Dates Due
Addtl. Premo
Return Premo
Prevo Installments
5-1-79
18.
597.
mJP~r1~9Factor ,., )
~---J~Ck 'Ran:~~
Agency
By
469 (12-73)
Revised Instal.
579.
1 I
JACK RANSOM AGEr-~CY
Clearwater Marina.. 71-75 Causeway Boulevard
CLEARWATER, FLORIDA
4-30-79
City of Clearwater
Finance Dept.
ATTENTION: Earbara Weston
Gentlemen:
Mr. W:i..gi,am F .,Gog~J.n. has complied with
the requirements of tlleLease Ag~~ement with the City
covering 37 Causeway Blv~rwater, Fla. 33515, regarding
the insurance conditions required by that lease. Our agency
has bound effective 5-1-79 with the Gulf Insurance Company
limits of liability for property and casualty coverage as
stated in the lease. A copy of the policy will be provided your
office when it is received from the company.
Sincerely · 0,
.IR/bh '-+ _.j~~
REPRESENTING
PACIFIC INDE?\INIT'Y GROUP
PACIFIC INDEMNITY COMPANY t- TEXAS INDEMNITY COMPANY
NORTHWESTERN PACIFIC INDEMNITY COMPANY