RENEWAL POLICY
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Burke-Lehman Insurance, Inc.
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2173 N.E. COACHMAN ROAD
CLEARWATER, FLORIDA 33575
TELEPHONE 441-4914
May 13, 1936
Mrs. Alfred M. Gregory
Marina Gift SJuveniers
75 Causeway Blvd~, Room 5
Clearwater Beach, Florida 33515
Dear Mrs. Gregory:
Enclosed is your renewal policy for ttE business. Please sign
the enclosed form where highlighted and return to me in the
enclosed envelope along with your check.
S incerly,
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Linda Bur ke .
Secretary
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HOME. AUTO. BUSINESS. UFE & HEALTH
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POLICY P.ERIOD / / POLICY NUMBE""
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3-14-8~/87//SMP4747223
DESCRIPTION
Package POli~A~ '
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PREMIUMS DUE AND PAYABLE ON EFFECTIVE DATE OF POLICY
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PREMIUM
CHARGE CREDIT
$956.00
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BURKE-LEHMAN INSURANCE, INC.
2173 N.E. COACHMAN ROAD
CLEARWATER, FLORIDA 33575
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~ ~ SOUTH CAROLlI\JA INSURANCE COMPANY
~ CONSOLIDATED AMERICAN INSURANCE COMPANY
; ~ CATAWBA INSURANCI COMPANY
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"It..... IJI...Ul..nr\n IIVI"J I f1UL "" n .Jrc.I,.,IML IYlULII-itrUL l.UI~UIIIUI'i:::' A~U Ut~INIIIUNS
AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF,
SElBt~M":;~~~"M'~~~~p
Policy No. SMP
474 72 23
DECLARATIONS
P.O, BOX I, COLUMBIA, SOUTH CAROLINA 29202
88
SINCE 1869
POLICY PE RIOD:
FROM
-14-86
PREVIOUS COVERAGE:
AGENCY:
TO
3-14-87
CO,
05
POLlCV NO,
New
NO,
P
1059
SPECIAL MUlTl.PERll POLICY
MO DA. YR, MO, DA, YR,
Ilem 1. Named Insured and Mailing Address (No, Street, Town, County, Slale, Zip)
M. Alfred Gregory dba Marina Gift
Souveni ers
75 Causeway Blvd., Rooms 5 & 9
Clearwater, FL 33515
Item 7. Mortgagee. Servicing Company
Item 2. Policy Period: 12:01 A,M., Standard Time at location of designated premises.
Item 3. The Named 0 Individual 0 Corporation 0 Other:
Insured is: 0 Partnership 0 Joint Venture
Item 4. Designated Premises ""TER BELOW'
No, 1 Same
No. 2
No, 3
o Additional buildings or premises as designated on Supplemental Declarations attached,
Item 5. 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 speciftc limit of liability is shown. subject to all of the terms of this policy including forms and endorsements made a part
hereof.
Occupancy of Premises
Gift Shop
Building( s)
SMP-L1ABILlTY INSURANCE
Bodily Injury and Property Damage Liability
Combined Single Limit
LIMITS
$ 1,000,000 each occurrence
$ aggregate
$ 1 ,000 each person
$ each accident
Premises Medical Payments
Optional
Bodily Injury Liability
Property Damage Liability
Premises Medical Payments
Add'!. Cov. (Specify)
UND601 Employers Non Ownership Auto Liability
L6421 Premises Medical Payments
L9260 Comprehensi ve General Li abil ity
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IF NO LIMIT SHOWN FOR SMP-
LIABILITY INSURANCE REFER TO
COVERAGE PART OR ENDORSEMENT
DEDUCTIBLE: each occurrence aggregate each occurrence
$ See 1$ PSMP~
If no deductible stated above, the' dedUctible shall be
$100 $1,000
each occurrence a re ate each occurrence
o SECTION III - CRIME COVERAGE
o SECTION IV - BOilER AND MACHINERY COVERAGE
Audit Period: Annual, Un- 0 Monthly 0 Semi-Annual
less Otherwise Stated 0 Quarterly 0 Other
Item 6. Forms and Endorsements made part of this polic at time of iSS{Je:
As slated in the endorsement, made part of this Policy, if indicated by 00
(INSERT NO. AN EDITION DATEI
A S~~nl_MP0127 12-79)UND731(10-84)SB1 4(2-79)PSMP2(2-79)BJP19 (0)-X-A(5-77)MP0012(1-83)
P P
r Sectionll_GL002 (3-81)GL002 (3-81)GL003 (4-84)IL001 (l0-84)GL991 (3-81)MP009 (7-77)
C' OT 6421(l-73)L9260(1-73)L9287(1-73)GL0019f7-78)Gl2011 (7-66)UND601 (3-R?)
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A Section III -
B
l
E Section IV -
Item 8. The Total ProvIsional Premium is
s
956.00
, and IS payable S
956.00
at Inception, and $
at each anniversary
o NOT APPLICABLE Unless indicated by an X in the box as "NOT APPLICABLE", the premium for installments subsequent to the initial installment
shall be subject to adjustment on the basis of the rates in effect at each anniversary datec /) ,A
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Agen~~ Clearwater, FL 4/30/86 GAP/mb C Burke-Lehman Insurance
J DL 193-X-A (Spec.) AUTHORIZED SIGNATUR,
( Ed.5-79)
DATE
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COINSURANCE CONTRACT
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SPECIAL MULTI-PERIL piUCY
SECTION I-GENERAL PERSONAL ~OPERTY FORM
MP 00 12
(Ed. 01 83)
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I. PROPERTY COVERED
PERSONAL PROPERTY OF THE INSURED: Business personal property
owned by the insured and usual to the occupancy of the insured, including
the insured's interest in personal property owned by others to the extent
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.
This coverage shall also include Tenant's Improvements and Betterments,
meaning the insured's use interest in fixtures, alterations, installations
or additions comprising a part of the building(s) occupied but not owned
by the insured and made or acquired at the expense of the insured exclu.
sive of rent paid by the insured, but which are not legally subject to re-
moval by the insured.
PERSONAL PROPERTY OF OTHERS: This insurance shall cover for the
account of the owner(s) (other than the named insured) personal prop-
erty belonging to others in the care, custody or control of the insured,
while (1) in or on the building(s), or (2) in the open (including within vehi-
cles) on or within 100 feet of the designated premises,
Loss shall be adjusted with the named insured for the account of the
owners of the property, except that the right to adjust any loss with the
owners is reserved to the Company and the receipts of the owners in
satisfaction thereof be in full satisfaction of any claim by the named
insured for which payments have been made,
II. PROPERTY NOT COVERED
This policy does not cover:
A. Animals and pets. aircraft; watercraft, including motors, equipment
and accessories (except rowboats and canoes, while out of water and on
the designated premises); and automobiles, trailers, semi-trailers or any
self-propelled vehicles or machines, except such property not licensed
for use on public thoroughfares and operated principally on the premises
of the insured.
This provision does not apply hi' the following types of property when
held for sale or sold but not delivered:
1. Animals and pets;
2. Motorcycles, motorscooters and snowmobiles;
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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. Ai rcraft;
2, Watercraft, including motors, equipment and accessories,
while not afloat; or
3. Automobiles, trailers. semi.trailers or any self-propelled vehi.
cles 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.
D. Household and personal effects contained in living Quarters occupied
by the insured. any officer, director, stockholder or partner of the insured
or relatives of any of the foregoing, except as provided in the Extensions
of Coverage., ,",,~ '" .,.. ""'",. ~1'-,'f..~~:9"'J:1iil to -,;:oj .J
E. Accounts, bills, currency, deeds, evidences of debt, money and securi.
ties. _:: '
F. , Outdoo~ 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.
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III. EXTENSIONS OF COVERAGE
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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 01 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 loll owing Extensions 01 Coverage.
A, Properly 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 localions are reo
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 named insured may apply up to 2% 01 the limit
of liability specified lor Personal Property 01 the Insured, but not exceed-
ing $5,000, nor less than $1,000, 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. This Extension 01
Coverage shall not apply to property in transit, nor to property on any
premises owned, leased, operated or controlled by the insured.
MP 00 12 (Ed. 01 83)
C. Personal Effects: The insured may apply up to $500 to cover direct
loss in anyone occurrence by a peril insured against to personal effects
while located on the designated premises, belonging to the insured, offi-
cers, partners or employees thereof, and limited to $100 on personal ef-
fects owned by anyone individual. This Extension of Coverage does not
apply if the loss is covered by any other insurance, whether collectible or
not, or which would have been covered by such other insurance in the
absence of this policy, At the option of the Company, loss under this Ex-
tension of Coverage may be adjusted with and payable to the insured,
D. Valuable Papers and Records: The insured may apply up to $500 to
cover direct loss in anyone occurrence by a peril insured against to
valuable papers and records consisting of computer programs and books
of account, manuscripts, abstracts, drawings, card index systems, film,
tape, disc, drum, cell and other magnetic recording or storage media for
electronic data processing, and other records, all the property of the
insured at designated premises. This Extension of Coverage covers only
the cost of research and other expense necessarily incurred by the in-
sured to reproduce, replace or restore such valuable papers and records,
The total amount payable in anyone occurrence under this Extension
of Coverage shall not exceed the limit specified above, regardless of the
number 01 premises designated in the Declarations.
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E. Outdoor Trees, Shrubs and Plants: The insured may apply up to $1,000
to cover outdoor trees, shrubs and plants, except when 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 ~xcess 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 reo
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; ..",o,'.c
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IV. PERILS INSURED AGAINST '"''
This policy insures against all direct loss to the properly covered under
~his form caused by:
A. FIRE.
B. 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 nol.
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 hall.
2. The Company shall not be liable lor Windstorm or Hall damage
10 the follOWing property:
(a) Windmills. Wind pumps or their lowers;
(b) Crop silos or their contents:
(c) Metal smokestacks: or
(d) When outSide 01 buildings.
(I) Grain, hay. straw or other crops:
(2) Trees, shrubs or plants;
(3) Awnings of fabriC or slat construc\lon. canopies
of fabric or slat construc\lon, including their sup-
ports;
(4) Radio or television antennas, including their
lead-in wiring, masts or towers.
MP 00 12 (Ed. 01 83)
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2. the cost of repairing or replacing any of the described property,
or the cost of research or other expense necessary to replace or
restore computer programs and 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 in-
curred for the purpose of reducing the total amount of extra
expense. In no event shall such excess exceed the amount by
which the total extra expense otherwise payable under this Exten-
sion 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 lhis policy."........" ,"I~ ~b u..... "h' ;o",~'hI' .Id..: Ifl ,,",
D. EXPLOSION. including direct loss resulling from the explosion of ac-
cumulated gases or unconsumed fuel within the firebox (or combustion
chamber) of any fired vessel or within the flues or passages which con-
duct the gases of combustion therefrom.
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 t,he intent or meaning
of these provisions:
(a) Shock waves caused by aircraft, generally known as
"sonic boom",
(b) Electric arcing; '0 ' 'r: '., ".." "."
(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,
(I) 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 agricullural 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 direclloss 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
buildings. to trees, shrubs or plants;
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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
spac~craft.
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.
elude direct loss from pillage and looting occurring during and at the
immediate place of a riot. riot attending a 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
malicious damage to or destruction of the property covered,
This Company shall not be liable for loss:
, ,
L 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 burglars in gaining entrance to or exit from such build-
ing(s) or any part of the building(s).
3. bi 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;
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; but this unoccupancy provision shall not be applica-
ble to such unoccupancy as is usual or incidental to the described
occupancy.
V. EXCLUSIONS
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
property including debris removal expense.
f'\
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.
D. Loss caused by, resulting from, contributed to or aggravated by any
of the following:
L 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, foulldatioils, walls, basement or other floors, or through
doors, windows or any other openings in such sidewalks, drive-
ways, fou ndations, 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.
E. Loss caused by volcanic eruption unless direct loss by fire or breakage
of glass or safety glazing material ensues. In this event, this Company
shall be liable for only the direct loss to the property insured caused by
the ensuing tire and if an insured peril, the ensuing breakage of glass
or safety glazing material.
Volcanic eruption means the eruption, explosion or effusion of a volcano.
The following bases are established for valuation of property:
VI. VALUATION
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:
L 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
MP 00 12 (Ed. 01 83)
C. Valuable Papers and Records:
L 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.
3. Computer programs for not exceeding the cost of labor in-
curred by the named Insured for transcribing or copying such
programs.
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 ~,ind 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
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t, PECIAL MUL TI.P~Rll POLICY CONbITI~~ AND DEFINITIONS
GENERAL CONDITIOrrS
MP 00 90
(Ed. 07 77)
The following Conditions apply to Section I and II except as otherwise indicated. Additional Conditions or modifications of the following Conditions may
appear in the specific coverage sections.
1. Premium. All premiums for this policy shall be computed in accor.
dance with the Company's rules, rates, rating plans, premiums and mini-
mum premiums applicable to the insurance afforded herein.
If this policy is issued for a period in excess of one year with a specified
expiration date and a premium is payable at each anniversary, such pre.
mium shall be determined annually on the basis of the rates in effect at
the anniversary date.
If this policy is issued for a period without a specified expiration date, it
may be continued by payment of the required premium for the succeed.
ing annual period. Such premium must be paid to the Company prior to
each anniversary date; if not so paid, this policy shall expire on the first
anniversary date that the said premium has not been received by the
Company.
2. Time of Inception. To the extent that coverage in this policy replaces
coverage in other policies terminating naon 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 mimed 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 -iqulvaleritto in~itilig.~"'Id.I!llItG"'ti, .,.
If the named insurtd 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 practitable 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.
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MP 00 90 (Ed. 07 77)
6. Subrogation.
(a) In the event of any payment under this policy, the Company shall
be subrogated to all the insured's rights of recovery against any
person or organization and the insured shall execute and deliver instru-
ments and papers and do whatever else is necessary to secure such
rights. The insured shall do nothing after loss to prejudice such rights.
(b) The Company shall not be bound to pay any loss if the insured has
impaired any right of recovery for loss; however, it is agreed that
the insured may: :
{I) 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
hereu nder, and
(2) as respects property in transit. accept suchbiils of lading,
receipts or contracts of transportation as are ordinarily issued
by carriers containing a limitation as to the value of such goods
or merchandise. . " , .
7. Inspection and Audit. The Company shall be permitted but not obli-
.gated to inspect the named insured's property' and operations at any
time. Neither the Company's right to make inspections nor the making
thereof nor any report thereon shall constitute an_undertaking on behalf
of or for the benefit of the named insured or others to determine 'or
warrant that such property or operations are safe or healthful orare in
compliance with any law, rule or regulation.' "', '~. '
The Company rilay examine and audit the named' insured's, books and
:r.eFord~at any time d~ring t~.e 1I()licy~ p~r.jod.and,extensions an~.within
;three 'year.s after the (inal. t~rrriination pf, this ,policy,,}s far as ~he~ rela.te
to the subject matter of thlSmsurance. '. U'''',,,' '.If....1<</: .-~ ,.,,., "',
. :.,n' , , " ,;, , ;...., 'J.. ,::"l'.!tl6.- .dC;~ilh::' :-+.y _l)~-, I;..,,, ',t!:
8. Liberalization Clause. In the event any filing is sllbmitt~dto the in.
surance supervisory authorities on behalf of the Company. and:' """
~,(a) the, filing is approved'or accepted' bY-thtihsura~~e authorities
to be effective, while this policy is in force or within 45 days prior to
~inc~~~a~ , '
(b) the filing includes insurance forms or other provIsions that
would extend or broaden this insurance, by e~orsement or sub-
stitution of form, without additional_ premium; ".' '
the benefit of such extended or broadened insurance shall inure ic thi:
benefit of the insured as though the endorsement or substitution of form
had been made.
, , ,
9. 'Insurance Under More'ThanOne 'Cdvefage~ P~rt ~r 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
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clD'T'ONS AP'PLlCABLE TO SECTION I I
1. Policy Period, Territory. Section I of this policy applies only to loss
to property during the policy period while such property is within or be-
tween the fifty states of the United States of America, the District of Co.
lumbia and Puerto Rico.
2. Deductible. Unless otherwise provided in the Declarations:
(a) The sum of. $100 shall be deducted from the amount of loss to
property in anyone occurrence. This deductible shall apply:
(1) separately to each building, including personal property
therein;
(2) separately to personal property in each building if no coverage
is provided on the containing building; and
(3) separately to personal property in the open (including within
vehicles).
(b) The aggregate amount of this deductible in anyone occurrence
shall not exceed $1,000.
3. Coinsurance Clause. The Company shall not be liable for a greater
proportion of any loss to property covered than the limit of liability
under this policy for such property bears to the amount produced by mul.
tiplying the actual cash value of such property at the time of the loss by
the coinsurance percentage stated in the Declarations.
In the event that the aggregate claim for any loss is both less than $10,000
and less than 5% of the limit of liability for all contributing insurance
applicable to the property involved at the time such loss occurs, no special
inventory or appraisement of the undamaged property shall be required
providing that nothing herein shall be construed to waive the application
of 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 eachsuch,limit of liabilitYj""""O"'~~-J'Il""'h .&ii' \'1,,,,""0.;;..."111 ".
4. Remoyal, This' policy coyers loss by removal of the propert) covered
hereunder from premises endangered by the perils insured against. and
the amou nt of insurance applies pro rata for five days at each proper place
to which such property shall necessa~ily be removed for preservation. ,
5. Debris .Removal. This policy covers expense incurred in the remoyal
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 re-
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 governmenl, power,
authority or forces;
(b) Insurrection. rebellIOn. revolution. civil war. usurped power, or
action taken by governmental authOrity In hindering. combating or
defending against such an occurrence; seizure or destruction under
quarantine or custom's regulations. confiscation by order of any gov-
ernment or public authOrity, or risks of contraband or illegal trans-
portation or trade,
7. Nuclear Clause And Nuclear Exclusion.
(a) Nuclear Clause (Not Applicable IR New York). The word "fire" in
this policy is not intended to and does not embrace nuclear reaction or
nuclear radiation or radioactive contamination. all whether controlled
or uncontrolled, and loss by nuclear reaction or nuclear radiation or
radioactive contamination is not intended to be and is not insured
against by this policy, whether such loss be direct or indirect, proxi-
mate or remote, or be in whole or in part caused by, contributed to,
or aggravated by "fire" or any other perilS insured against by this
MP 00 90 (Ed. 07 77)
"
pOlicy. However, subject to the foregoing and all provisions of this
policy, direct loss by "fire" resulting from nuclea'/' reaction or nuclear
radiation or radioactive contamination is insured against by this policy.
(b) Nuclear Clause (Applicable only in New York): This policy does not
cover loss or damage caused by nuclear reaction or nuclear radiation
or radioactive contamination, all whether directly or indirectly result-
ing from an insured peril under this policy.
(c) Nuclear Exclusion (Not Applicable in New York): loss by nuclear
reaction or nuclear radiation or radioactive contamination, all whether
controlled or uncontrolled, or due to any act or condition incident to
any of the foregoing is not insured against by this policy, whether such
loss be direct or indirect, proximate or remote, or be in whole or in
part caused by, contributed to, or aggravated by any of the perils in-
sured against by this policy; and nuclear reaction or nuclear radiation
or radioactive contamination, all whether controlled or uncontrolled,
is not "explosion" or "smoke". This clause applies to all perils
insured against hereunder except the peril of fire, which is otherwise
provided for in the nuclear clause above. ' ,
8. other Insurance.
(a) If at the time of loss there is other insurance written in the name
of the insured upon the same plan, terms, conditions and provisions
as contained in this policy, herein referred to as Contributing Insur-
ance, the Com pany shall be liable for no greater proportion of any loss
than the limit of liability under this policy bears to the whole aniount
of insurance covering such loss.
(b) If at the time of loss there is other insurance other than that as
described in (a) above, the Company shall not be liable for any loss
hereunder until: '
'l""- Jl, )~I' ~i~, bi~~ty,,~ J~~~~t~.j~~~~~c~},~~~t bee~~a,~e~t~ ~?~
(2) then for only such amount as may exceed the amount due from
such other insurance, whether collectible or nol ", .
9. Duties Of The Named Insured After A loss. In 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 t he policy;
(5) specifications of any damaged building and detailed estimates
for repair of the damage:
(6) an inventory of damaged personal property described in (c)
above;
(f) give notice of such loss to the proper police authority if loss is due
to a violation of law,
10. Appraisal. If the named insured and the Company fail to agree on the
amount of the loss, either can demand that the amount of loss be set by
appraisal. If either party makes a written demand for appraisal, each shall
select a competent ,"dependent appraiser. Each shall notify the other of
the selected appraiser's Identity within twenty (20) days of the receipt of
the written demand.
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The two appraisers shall select a competent, impartial umpire. If the ap.
praisers are unable to agree upon an umpire within fifteen (15) days, the
named insured or the Company may petition a judge of a Court of Record
in the state where the insured premises is located to select an umpire.
The appraisers shall then set the amount of the loss. If the appraisers sub.
mit a written report of an agreement to the Company, the amount agreed
upen 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.
11. Company Options. If the Company gives notice within thirty (30)
days after it has received a signed, sworn statement of loss, it shall have
the option to take all or any part of the property damaged at an agreed
value, or to repair, rebuild or replace it with equivalent property.
12. Abandonment Of PrOperty. The Company need not accept any prop-
erty abandoned by an insured..: '
13. Payment Of loss. The Company will pay all adjusted claims within
thirty (30) days after presentation and acceptance of the proof of loss.
14. Privilege To Adjust With Owner.
(a) Except as provided in (b) below, or unless another payee is speci.
fically named in the policy, loss, if any, shall be adjusted with and
payable to the named insured.
(b) 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 such owner or owners in satisfaction thereof shall be
in full satisfaction of any claim of the insured for which such pay.
ment has been mad~Iem'MiIl03~ll.tilltf1ol tJtojb~-
If legal proceedings be taken .to enforce a ,c;laim against the in~red 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 f~rther
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 I iable for loss occurring while the hazard is increased
by any means within the control or knowledge of the insured.
MP 00 90 (Ed. 07 77)
, 0'
18. Protective Safeguards. If as a condition of this insurance that the in.
sured shall maintain so far as is within his control such protective safe-
guards as are set forth by endorsement hereto.
Failure to maintain such protective safeguards shall suspend this insur-
ance only as respects the location or situation affected for the time of such
discontinuance.
19. Mortgace Clause-Applicable Only T o,Buildincs. 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. c,
The, mortgagee" s~all notify the Company of any change of ownershipllr
occupancy or increase of hazard which shall come to the knowledge of the
mortgagee. Unless permitted by this policy, such change of o~nership 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"larm, it!llisted ,under thi~, DDli~~I~\f,surh ,prelj1ium, )& p.,o~, Raid, .~~,i;
policVshall be null and void. ", ~, , , !)'!>,l\1r U'. _Ii, ,!l1f ','IJ-,;,"w
The Company reserves the right to~nce~ this policy ~tanYJime,a&, pro,
vided by its terms. If so cancelled, thiS policy shallconbnue In fo~ce 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: ~, .
':. '_ :I' ;If;; .,:~~!:t~.: " ;t :q':.~: 11 ':.
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 ~hall, 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.'"' ,,:: :,: 1:" ~" '1 .,
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 reo
gard to any portion of the premises over which the insured has no
control.
Pace 3 of 6
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CONDITIONS APPLICABLE ,yo SECTION II
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 peri.od)
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 th~ n~.mell
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 dam ace liability shall ~0'Jl'
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 1 n this paragraph.
4. Insured's Duties in the Event of Occurrence. Claim or Suit, ,
<a) In the eve~t of an occurrence, writt~n 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 representa!rve.
(c) The insured shall coo{lerate with the Company and, upon the Com-
panys request, assist in making settlements, in the conduct of suits
and in enfOrcing any right of contribution or indemOlty agamst any
person or organiza!ron who may be liable to the insured because of
injury or damage With respect to which Insurance is afforded under
this policy; and the insured shall attend hearings and trials and assist
in securing and giving evidence and obtaining the attendance of wit-
nesses, The insured shall not. except at hiS own cost. 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 insured person or someone on his behalf shall give to the Company
written proof of claim, under oath if required, and shall, after each reo
quest from the Company, execute authorization to enable the Company
to obtain medical reports and copies of records. The injured person shall
submit to physical examination by physicians selected by the Company
MP 00 90 (Ed. 07 77)
when and as often as the Company may reasonably require. The Company
may pay the injured person or any person or organization rendering the
services and the payment shall reduce the amount payable ~reunder for
such injury. Payment hereunder shall not constitute an admiSSion of lia-
bility of any person or, except hereunder, of the Company.
6. Action Acainst Company. No action shall lie against the Company un.
less as a condition precedent thereto, there shall have been full Com-
plia~ce with all of the terms of this policy, nor until the amoun~ of the
insured's obligation to pay shall have been finally determined either by
judgment against the insured after actual trial or by written agreement of
the insured, the claimant and the Company.
Any person or organization or the legal representative thereof who, has
secured such judgment or written agreement shall thereafter be entitled
to recover under this policy to the extent of the insurance afforded by thiS
policy. No person or organization shall have any right under this policy, to
join the Company as a party in any action against. the insured tode~ermlne
the insured's liability, nor shall the Company be Impleaded b~ the msured
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 obllgalions
hereu nder.
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 ~xjstence of such other insurance.
When both this insurance and other insurance apply to. the loss on the
same basis, whether prim3fY, 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:.'.Jit ,*,.",t.c,""
< '(a) Contribution by Eq~a1Shares. If all of such'6ther valilf ~nd collect.
, ible insurance provides for contribution. by equal shares, th~ Company
shall nolbe 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 contmue
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. ' it '"
(b) Contribution by Limits. If any of such other,insurance does not
provide for contribution by equal shares, the Company s~all no~ 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.
a. Annual Aurecate. 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 hodily 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) resul!rng from the hazardous properties of nuclear material
and with respect to which (i) any person or orgamzatlon 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 a ny 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 malerial and arising out of the operation of a nuclear fa-
cility by any person or organization,
(
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(c) Under any Liability Covenle, to. bodily injury or JK:opertydamage - '
resulting from the hazardous p'pertles of ",rclear matenal, 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 materia''', 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;
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",; "
MP 00 90 (Ed, 07 77)
,
,
"waste" rL.ns any waste material (1) containing byproduct material
and (2)1S~lting 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 contamination
of property.
, ...._ u~_ ........ '......... ..i~
. i ~ ' ~ ','"
Page 5 of 6
J
J
1
I, ,
DEFINITI9NS APPLICABLE TO SECTION II
When used in the provisions applicable to Section II of this policy (includ-
ing endorsements forming a part hereof):
"automobile" means a land motor vehicle, trailer or semitrailer designed
for travel on public roads (including any machinery or apparatus attached
thereto), but does not include mobile equipment;
"bodily injury" means bodily injury, sickness or disease sustained by any
person which occurs during the policy period, including death at any time
resulting therefrom;
"collapse hazard" includes "structural property damage" as defined
herein and property damage to any other property at any time resulting
therefrom. "Structural property damage" means the collapse of or struc.
tural injury to any building or structure due to (1) grading of land, ex.
cavating, borrowing, filling, back.filling, tunneling, pile driving, cofferdam
work or caisson work, or (2) moving, shoring, underpinning, raising or
demolition of any building or structure or removal or rebuilding of any
structural support thereof. The collapse hazard does not include property
damage (1) arising out of operations performed for the named insured
b.y independent contractors, or (2) included within the completed opera-
tions hazard or the underground property damage hazard, or (3) for which
liability is assumed by the insured under an incidental contract;
"com~leted operations hazard" includes bodily injury and property dam-
age arising out 01 operahons or reliance upon a representation or warranty
made at any time with respect thereto, but only if the bodily injury or prop-
erty damage occurs after such operations have been completed or aban-
doned and occurs away from premises owned by or rented to the named
insured. "Operations" include materials, parts or equipment furnished in
connection therewith. Operations shall be deemed completed at the earliest
of the following times:
(1) when all operations to be performed by or on behalf of the named
insured under the contract have been completed, - - -
(2) when all operations to be performed by or on behalf of the named
insured at the site of the operations have been completed, or
(3) when the portion o! th.e work out of which the injury or damage
a~lses has been put to ItS Intended use by any person or organization
other than anothe~ c~ntractor or subcontractor engaged in performing
operahons for apnnclpal as a part of the same projecl
Operations which may require further service or maintenance work or
correction, repair or replacement because of any defect or deficiency' but
which are otherwise complete, shall be deemed completed. '
The completed operations hazard does not include bodily injury or prop-
erty damage arising out of
(a) operations in connection with the transportation of property, un.
less the bodily injury or property damage arises out of a condition in
or on a vehicle created by the loading or unloading thereof,
(b) the existence of tools, uninstalled equipment or abandoned or
unused materials. or
(c) operations for which the c1assilication stated in the policy or in
the company's manual specilies "including completed operations";
"elevator" means any hoisting or lowering device to connect lIoors or
landings. whether or nol in service, and all appliances Ihereol including
any car. platform. shaft, hoistway, stairway. runway. power equipment
and machinery; but does not include an automobile serviclRg hoist. or a
hOist Without a platform outside a building II without mechanical power
or If nol attached to building walls. or a hod or material hoist used in altera-
tion, construction or demolition opera\lons. or an inclined conveyor used
exclUSively for carrying property or a dumbwaiter used exclusively lor
carrYing property and haVing a compartment height not exceeding lour leel;
"explosion hazard" i.ncludes property damage arising out of blasting or
explOSIOn. The explOSion hazard does not Include property damage (1) aris-
Ing out 01 the explosion of air or steam vessels. piping under pressure.
prime movers! machinery or power transmitting equipment. or (2) arising
out of operatIOns performed lor the named insured by independent con.
tractors, or (3) included within the completed operations hazard or the
underground property damage hazard, or (4) for which liability is assumed
by the insured under an incidental contract;
"incidental contract" means any written (1) lease of premises. (2) ease-
ment agreement. except in connection with construction or demolition
MP 00 90 (Ed. 07 77)
,....',., ",,,~,:,=",-""""""-I-"-'- ~... .~......,...,---,~.
,
operations on or adjacent to a railroad. (3) undertaking to indemnify a
municipality required by municipal ordinance, except in connection with
work for the municipality. (4) sidetrack agreement, or (5) elevator mainte.
nance agreement;
"insured" means any person or organization qualifying as an insured in
the :'Persons Insured" pro~jsion of the applicable insurance coverage.
Th~ In~urance affor~e~ applies separately to each insured against whom
claim IS made or SUit IS brought. except with respect to the limits of the
company's liability; "
"mobile equipment" means a land vehicle (including any machinery or
apparatus atta.ched thereto). whether Qr not self-propelled, (1) not subject
to m~tor vehicle registration, or (2) maintained for use exclusively on
premls~s owne~ by or rented to. the named insured, including the ways
Immedlatel.y adJolRlng, .or (3) deSigned for use principally off public roads,
or (4) ,deSigned or maintained for the sole purpose of affording mobility
to equipment of the following types forming an integral part of or per.
manen~ly attached to s.uch vehicle: power cranes, shovels, loaders, diggers
and drills; concrete mixers (other than the mix.in.transit type); graders.
scrapers, rollers and other road construction or repair equipment; air.
comp.ressors, .pumps, and generators, including spraying. welding and
bUlldln~ cleaRing equipment and geophysical exploration and well servic.
109 equipment;
"named insured" means the person or organization named in Item 1. 01 the
declarations of this policy;. ,,' .'
"named insur.ed'~ products" means goods or products manufactured,sold,
h~ndled or .dlstn~uted by the named insured or by others trading under
hiS name, including any container thereof (other than a vehicle) but
"named insured's products" shall not include a vending machine o~ any
property other than such container, rented to or located for use of others
but not sold; .".".. ...,'...".~,.'".'.. '...', -,
"occurrence" means an accident, including continuous or repeated ex-
po~ure to conditions! which results in bodily injury or property damage
neither expected nor Intended from the standpoint of the insured;
"policy territory" means:
(1) the United States of America. its territories or possessions or
Canada, o.r '
(2) international waters or air space, provided the bodily injury or
~operty damage does not occur in the course of travel or transporta-
bon to or from any other country, state or nation, or
(3) anywhere in the world with respect to damages because of bodily
injury or property damage arising out of a product which was sold for
use or con~umption w~t~in the. territory described in paragraph (1)
above. provided the onglRal SUit for such damages is brought within
such territory;
"products hazard". inclu~es bodily injury, and property damage arising
out of the named Insured s p,roducts or reliance upon a representation or
~rranty made at any time With respect thereto, but only if the bodily in-
IUry or prope~ damage occurs awa~ from premises owned by or rented
to the named Insured and alter phYSical possession of such products has
been relinquished to others;
"property damage" means (1) physical injury to or destruction of tangible
property which occurs dUring the pOlicy period, including the loss of use
thereof at any lime resulting therefrom. or (2) loss of use of tangible prop-
erty WhiCh, has not been physically injured or destroyed provided such
loss of use IS caused by an occurrence during the policy period;
"underground property damage hazard" includes underground property
damage as delined herein and property damage to any other property at
any lime resultlRg therefrom, "Underground property damage" means
prope,rty damage 10 wires. conduits. pipes, mains, sewers, tanks. tunnels,
any Similar property. and any apparatus in connection therewith, beneath
the surface of .the ground or water, caused by and occurring during the
use 0.1 mechaRlcal equipment lor the purpose of grading land, paving. ex-
cavabng, drilling. borrowing. filling, back.filling or pile driving. The under-
gr~nd property damage hazard does not include property damage (1)
anslng out of operations performed for the named insured by independent
contractors. or (2) Included Within the completed operations hazard or
(3) for which liability is assumed by the insured under an incidental ~on-
tract.
Page 6 of 6
I
FLORIDA A~ENDATORY ENDO~SETNT
IL 01 25
(Ed. 09 83)
I. The following provision is added when a Coinsurance Clause applies.
Coinsurance Contract: The rate charged in this policy is based upon use of a coinsurance clause attached hereto with the consent of the Insured.
II. The following applies to policies covering properties located in Monroe County and east of the west bank of the Inter-Coastal Waterway in Broward,
Dade, Indian River, Martin, Palm Beach and St. Lucie Counties.
The Deductible Clause is replaced by the following as respects the perils of Windstorm or Hail, if insured against:
Windstorm or Hail:
The amount determined by using the following percentages of the actual cash value of the property covered, as designated by an "X" in the boxes
shown in the Deductible Schedule below, shall be deducted from anyone windstorm or hail loss covered under this policy.
(a) The following is applicable to all properties located east of the west bank of the Inter-Coastal Waterway in Broward, Indian River, Martin,
Palm Beach and St. Lucie Counties:
o 1% of the first $1,000,000, or fraction thereof, plus llz% of the next $2,000,000, or fraction thereof, plus 1f4% of the values in excess of
$3,000,000; however, in no event shall the amount thus established be less than $100 nor more than $25,000.
(b) Thefollowinll is applicable to all properties located east of the west bank of the Inter-Coastal Waterway in Dade County:
o 1% Windstorm or Hail Deductible Clause
1 % of the first $2,000,000, or fraction thereof, plus 0.8% of the next $2,000,000, or fraction thereof, plus 0.6% of the next $2,000,000,
or fraction thereof, plus 0.4% of the next $2,000,000, or fraction thereof, plus 0.2% of the next $2,000,000, or fraction thereof; however,
in no event shall the amount thus established be less than $200 nor more than $60,000.
o 2% Windstorm or Hail Deductible Clause
2% of the first $2,000,000, or fraction thereof, plus 1.6% of the next $2,000,000, or fraction thereof, plus 1.2% of the next $2,000,000,
or fraction thereof, plus 0.8% of the next $2,000,000, or fraction thereof, plus 0.4% of the next $2,000,000, or fraction thereof; however,
in no event shall the amount thus established be less than $1,000 nor more than $120,000.
o 5% Windstorm or Hail Deductible Clause
5% of the first $2,000,000, or fraction thereof, plus 4% of the next $2,000,000, or fraction thereof, plus 3% of the next $2,000,000, or fraction
thereof, plus 2% of the next $2,000,000, or fraction thereof, plus 1% of the next $2,000,000, or fraction thereof; however, in no event shall
the amount thus established be less than $2.500 nor more than $300,000.
(c) The following is applicable to all properties located in Monroe County:
o In the event of loss caused by windstorm or hail, the Company shall be liable for only _% of the amount of the loss in excess of
$
The above Windstorm or Hail deductible provisions shall apply (1) separately to each building, if two or more buildings be covered hereunder,
(2) separately to building and separately to personal property, if a building and its personal property be covered hereunder, (3) separately to personal
property of each building, if the personal property of two or more buildings be covered hereunder, (4) separately to personal property in the open,
and (5) as respects all properties located in Monroe County, separately to all screening and supports except window and door screens.
The above Windstorm or Hail deductible provisions shall not apply to insurance covering Business Interruption, Tuition Fees, Extra Expense, Loss
of Income, Rent or Rental Value or Leasehold Interest.
III. The following is applicable only to properties located in the Counties of Broward, Dade, Martin, Monroe and Palm Beach, and in all areas east
of the west bank of the Inter-Coastal Waterway in the Counties of Indian River and St. Lucie when this policy is extended to include the Extended
Coverage peril of Windstorm:
Windstorm Exterior Paint and Waterproofing Clause: It is hereby stipulated that coverage under this policy does not include damage caused in any
manner by windstorm to paint or waterproofing material, applied to the exterior of the buildings or structures covered hereunder. The value of paint
or waterproofing material shall not be considered in the determination of the amount of deductible and the actual cash value when applying the
Coinsurance Clause, when loss is caused by windstorm.
IL 01 25 (Ed. 09 83)
Copyright, Insurance Services Office, Inc., 1983
Copyright, ISO Commercial Risk Services, Inc., 1983
I
,
SMP AMENDATORY ENDORSEtENT
MP 01 27
(Ed. 12 79)
"U\'
. ~
~ }
@~Ir, . ," 1979
In consideration of the premium charged, this endorsement is made a
part of this policy.
The SMP Policy is amended as follows:
';',--' . ~.~>--,,,~.~.,-~
1.
SUBROGATION
General Condition 6. "Subrogation" of the SMP Policy Condi-
tions and Definitions Form is replaced by the following:
6. Subrogation.
(a) In the event of any payment under this policy,
the Company shall be subrogated to all the in-
sured's rights of recovery against any person or
organization and the insured shall execute and
deliver instruments and papers and do whatever
else is necessary to secure such rights. The insured
shall do nothing after loss to prejudice such rights
except as provided below.
(b) When SMP Condominium Additional Policy
Provision Endorsement M P 00 80 is attached to
this policy, the waiver of subrogation condition,
paragraph 1. of Form MP 00 80 is deleted and
replaced by the following:
The Company waives its rights to subrogation
against any unit-owner of the condominium
described in the declarations.
(c) As respects coverage provided under Section
I-Property Coverage of this policy, this insurance
shall not be invalidated should the Insured waive
in writing any or all right of recovery against any
party for loss. Provided. however, that in the event
the insured waives only a part of his rights against
any particular third party, this Company shall be
subrogated with respect to all rights of recovery
which the insured may retain against any such
third party for loss from the perils insured against
to the extent that payment therefor is made by this
Company; all subject to the following additional
provisions:
(1) This condition does not apply to crime,
inland marine or glass coverage written
under Section I Property Coverage of
this policy;
(2) If made before loss has occurred, such
agreement may run in favor of any third
party;
(3) If made after loss has occurred, such
agreement may run only in favor of a
third party falling within one of the fol-
lowing categories at the time of loss:
(i) a third party insured under this
policy; or
(ii) a corporation, firm, or entity (a)
owned or controlled by the named
insured or in which the named in-
sured owns capital stock or other
proprietary interest, or (b) owning
or controlling the named insured
or owning or controlling capital
stock or other proprietary interest
in the named insured; or
(iii) a tenant of the named insured.
(d) Except as provided in paragraphs (b) and (c)
above the Company shall not be bound to pay any
loss if the insured has impaired any right of recov-
MP 01 27 (Ed. 12 79)
,
,
.
2.
ery for loss. However, it is agreed that the insured
may, as respects property in transit, accept such
bills of lading, receipts or contracts of transporta-
tion as are ordinarily issued by carriers containing
a limitation as to the value of such goods or mer-
chandise.
PERMITS AND USE
In the Conditions Applicable to Section I of the SMP Policy
Conditions and Definitions Form:
A. Condition 16. Permits and Use is amended by adding
the following:
(c) Without prejudice to this insurance, for there to be
an error in stating the name, number, street or location
of any Quilding(s) covered hereunder, or of building(s)
and personal property if covered under a single item of
insurance, where there is no willful concealment or mis-
representation.
B. Condition 17. Vacancy, Unoccupancy and Increase of
Hazard is replaced by the following:
Permission is granted for:
(a) The described building(s) to be vacant without lim-
it of time, subject to a 15% reduction in the
amount of loss payment otherwise due under this
policy while the involved building(s) is vacant
beyond a period of 60 consecutive days. This penal-
ty will not be applicable during the period of any
extension whereby the 60 day period is extended
by endorsement.
("Vacant" or "Vacancy" means containing no
contents pertaining to operations or activities
customary to occupancy of the building. A
building in the course of construction shall
not be considered vacant.)
(b) Unoccupancy.
Provisions (a) and (b) above do not apply to the perils
of vandalism or malicious mischief or sprinkler leakage.
(c) Increased hazards and for change in use or occu-
pancy.
PERSONAL PROPERTY OF THE INSURED
The followins words are deleted from Personal Property of
the Insured In Section I. Property Covered:
A. "and usual to the occupancy of the insured"
in the General Personal Property Form and Special Per-
sonal Property Form
B. "and usual to the occupancy of the named insured"
in the Condominium Unit-owners General Personal Prop
erty Form and Condominium Unit-owners Special Per
sonal Property Form
EXTENSIONS OF COVERAGE
In the General Building Form
Special Building Form
Condominium General Building Form
Condominium Special Building Form
the following words are deleted from A. Newly Acquired Prol
erty under Extensions of Coverage:
"but not exceeding $100,000"
3.
4.
GLASS
I . . .'- -'
. . .
The Attacl,g Clause n~ed be completed only when this Endolm;nt
'.s' Issued sLbsequent to preparation of the policy.
GS 23 01 (Ed. 07 78)
SAFETY GLAZING MATERIAL ENDORSEMENT
This endorsement, effective
(12:01 a,m" standard time)
, forms a part of policy No.
issued to
by
In consideration of the premium charged, and subject to the provisions of this endorsement and all provisions of the policy except as modified
herein, it is agreed that in the event of damage covered by this policy, coverage is extended to include the amount of loss occasioned by
operation of statute, ordinance or building code which requires use of "safety glazing material" in hazardous locations in replacement of the
damaged property.
The limit of the Company's liability shall not exceed the minimum cost to replace the damaged property with the "safety glazing material"
which meets the applicable statute, ordinance or building code,
UNO 731 (10/84)
Authorized Representative
"-
-
".
SECTION \I LIABILITY COVERAGI
.n. '
. .
'7". e
, I
MP 00 93
(Ed. 07 77)
SPECIAL MUlTl.PERll POLICY LIABILITY INSURANCE
(
BODILY INJURY LIABILITY
PROPERTY DAMAGE LIABILITY
I. The Company will pay on behalf of the insured all sums which the in-
sured shall become legally obligated to pay as damages because of
bodily injury or
property damage
to which this insurance applies, caused by an occurrence, and arising out of
the ownership, maintenance or use of the insured premises and all opera.
tions necessary or incidental to the business of the named insured con.
ducted at or from the insured premises, and the company shall have the
right and duty to defend any suit against the insured seeking damages on
account of such bodily injury or property damage, even if any of the allega-
tions of the suit are gro1lAdless, false or fraudulent, and may make such
investigation and settlement of any claim or suit as it deems expedient, but
the company shall not be obligated to pay any claim or judgment or to de-
fend any suit after the applicable limit of the company's liability has been
exhausted by payment of judgments or settlements.
Exclusions
This insurance does not apply:
(a) to liability assumed by the insured under any contract or agreement
except an incidental contract; but this exclusion does not apply to a
warranty of fitness or quality of the named insured's products or a
warranty that work performed by or on behalf of the named insured will
be done in a workmanlike manner;
(b) to bodily injury or property damage arising out of the ownership.
maintenance, operation, use, loading or unloading of
, (1) any automobile ~r ai~craft owned or operated' by lor 'rented"or
loaned to any insured, or ' ,
(2) any other automobile or aircraft operated by any person in the
course of his employment by any insured;
but this exclusion does not apply to the parking of an automobile on
insured premises, if such automobile is not owned by or rented or
loaned to any insured;
, '
(c) to bodily injury or property damage arising out of (1) the ownership,
maintenance, operation, use, loading or unloading of any mobile equip-
ment while being used in any prearranged or organized racing, speed or
demolition contest or in any stunting activity or in practice or prepara-
tion for any such contest or activity or (2) the operation or use of any
snowmobile or trailer designed for use therewith;
(d) to bodily injury or property damage arising out of and in the course of
the transportation of mobile equipment by an automobile owned or
operated by or rented or loaned to any insured;
(e) to bodily injury or property damage arising out of the ownership,
maintenance. operation, use, loading or unloading of
(1) any watercraft owned or operated by or rented or loaned to any
insured, or
(2) any other watercraft operated by any person in the course of his
employment by any insured;
but this exclusion does not apply to watercraft while ashore on prem-
ises owned by, rented to or controlled by the named insured;
(I) to bodily injury or property damage arising out of the discharge,
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 atmosphere or other
water course or body of water; but this exclusion does not apply if such
discharge. dispersal, release or escape is sudden and accidental;
(g) to bodily injury or property damage arising out of operations on or
from premises (other than insured premises) owned by, rented to or
controlled by the named insured, or to liability assumed by the insured
under any contract or agreement relating to such premises;
(h) to bodily injury or property damage for which the insured or his
indemnitee may be held liable
(I) as a person or organization engaged in the business of manufac-
turing, distributing, selling or serving alcoholic beverages, or
MP 00 93 (Ed. 07 77)
(2) if not so engaged, as an owner or lessor of premises used for
such purposes, if such liability is imposed
(i) by, or because of the violation of, any statute, ordinance or regu-
lation pertaining to the sale, gift, distribution or use of any alco-
holic beverage, or
(ii) by reason of the selling, serving or giving of any alcoholic bev-
erage to a minor or to a person under the influence of alcohol or
which causes or contributes to the intoxication of any person;
but part (ii) of this exclusion does not apply with respect to liability
of the insured or his indemnitee as an owner or lessor described
in (2) above;
(i) to any obligation for which the insured or any carrier as his insurer
may be held liable under any workmen's compensation, unemployment
compensation or disability benefits law, or under any similar law;
(j) to bodily injury to any employee of the insured arising out of and
in the course of his employment by the insured or to any obligation of
the insured to indemnify another because of damages arising out of
such injury; but this exclusion does not apply to liability assumed by
the insured under an incidental contract;
(k) to property damage to
(1) property owned or occupied by or rented to the insured,
(2) property used by the insured, or': .-
(3) property in the care, custody or control of the insured or as to
which the insured is for any purpose exercising physical control;
, but pa~.(2) and (3) of this exclusion do not apply with respect to
liability under a written sidetrack agreement and part (3) of this
exclusion does not apply with respect to property damage (other
than to elevators) arising out of the use of an elevator at premises
owned by, rented to or controlled by the named insured;
(I) to property damage to premises alienated by the named insured aris.
ing out of such premises or any part thereof;
(m) to loss of use of tangible property which has not been physically ih.
jured or destroyed resulting from " " ,
(1) a delay in or lack of performance by or on behalf of the named
insured of any contract or agreement, or
(2) the failure of the named insured's products or work performed
by or on behalf of the named insured to meet the level of perform-
ance, quality, fitness or durability warranted or represented by the
named insured; , , '
but this exclusion does not apply to loss of use of other tangible prop.
erty resulting from the sudden and accidental 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 or on behalf of the named
insured arising out of the work or any portion thereof, or out of mate-
rials, parts or equipment furnished in connection therewith;
(p) to damages claimed for the withdrawal, inspection, repair, replace-
ment, or loss of use of the named insured's products or work com-
pleted by or for the named insured or at any property of which such
products or work form a part, if such products, work or property are
withdrawn from the market or from use because of any known or sus-
pected defect or deficiency therein;
(q) to bodily injury or property damage due to war, whether or not de-
clared, civil war, insurrection, rebellion or revolution or to any act or
condition incident to any of the foregoi ng, with respect to
(1) liability assumed by the insured under any incidental contract, or
(2) expenses for first aid under the Supplementary Payments pro-
vision;
(r) to bodily injury and property damage arising out of demolition op-
erations performed by or on behalf of the insured.
Page 1 of 3
I
(s) to property damage included within:
(l) 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 underground property damage hazard in connection with op-
erations identified in this policy by a classification code number
which includes the symbol "u".
II. PERSONS INSURED
Each of the following is an insured under this insurance to the extent set
forth below:
(a) if the named insured is designated in the Declarations as an in-
dividual, the person so designated but only with respect to the conduct
of a business of which he is the sole proprietor and the spouse of the
named insured with respect to the conduct of such a business;
(b) if the named insured is designated in the Declarations as a partner-
ship or joint venture, the partnership or joint venture so designated and
any partner or member thereof but only with respect to his liability as
such;
(c) if the named insured is designated in the Declarations as other than
an individual, partnership or joint venture, the organization so desig-
nated and any executive officer, director or stockholder thereof while
acting within the scope of his duties as such;
(d) any person (other than an employee of the named insured) or
organization while acting as real estate manager for the named insured;
and ," ,:'~,~ r_ ~~-. . ..:.:"~_.'_~~. ?~_: -'" :~~~,., .(:'" ,~~..' .i
(e) with respect to the operation. for the purpose of locomotion upon a
public highway, of mobile equipment registered under any motor vehi-
cle registration law;
(i) an employee of the named insured while operating any such
. equipment in the course of his employment, and
(ii) any other person while operating with the permission of the
named insured any such equipment registered in the name of the
named insured and any person or organization legally responsible
for such operation, but only if there is no other valid and collectible
insurance available, either on a primary or excess basis, to such per.
son or organization; -
provided that no person or organization shall be an insured under this
paragraph (e) with respect to:
(1) bodily injury to any fellow employee of such person injured in
the course of his employment, or
(2) property damage to property owned by, rented to, in charge of
or occupied by the named insured or the employer of any person
described in subparagraph (ii).
This insurance does not apply to bodily injury or property damage arising
out of the conduct of any partnership or joint venture of which the insured
is a partner or member and which is not designated in this policy as a
named insured.
III. LIMITS OF LIABILITY
Regardless of the number 01 (1) insureds under this policy, (2) persons
or organizations who sustain bodily injury or property damage, or (3)
claims made or suits brought on account of bodily injury or property
damage, the company's liability is limited as follows:
Bodily Injury and Property Damage Combined -Subject to the provisions
below concerning "aggregate", limit of liability stated in the Declarations
as applicable to "each occurrence" is the total limit of the company's lia.
bility because of Bodily Injury and Property Damage Combined for all
damages as the result of anyone occurrence, provided that with respect
to any occurrence for which notice of this policy is given in lieu of security
or when this policy is certified as proof of financial responsibility under
the provisions of the motor vehicle financial responsibility law of any
state or province. such limit of liability shall be applied to provide the sep.
arate limits required by such law for bodily injury liability and property
damage liability to the extent of the coverage required by such law, but the
separate application of such limit shall not increase the total limit of the
company's liability.
MP 00 93 (Ed. 07 77)
I
The total liability of the company for all damages because of all bodily injury
and property damage 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".
(l) all property damage arising out of premises or operations rated
on a remuneration basis or contractor's equipment rated on a receipts
basis, including property damage for which liability is assumed under
any incidental contract relating to such premises or operations, but
excluding property damage included in subparagraph (2) below;
(2) all property damage arising out of and occurring in the course of
operations performed for the named insured by independent contrac-
tors and general supervision thereof by the named insured, including
any such property damage for which liability is assumed under any
incidental contract relating to such operations, but this subparagraph
(2) does not include property damage ariSing out of maintenance or
repairs at premises owned by or rented to the named insured or struc-
tural alterations at such premises which do not involve changing the
size of or moving buildings or other structures;
(3) all bodily injury and property damage included within the com-
pleted operations hazard and all bodily injury and property damage
included within the products hazard.
Such aggregate limit shall apply separately (i) to the property damage
described in subparagraphs (1) and (2), (ii) to the sum of the d~mages
of all bodily injury and all property damage described in subparagraph (3)
and (iii) separately with respect to each project away from premises
owned by or rented to the named insured.
Bodily Injury and Property Damage-For the purpose of determining the
limit of the company'Sc,liability. all bodily injury and property damage
arising out of continuous or repeated exposure to substantially the same
general conditions shall be considered as arising out of one occurrence.
IV. ADDITIONAL DEFINITION
When used in reference to this insurance (including endorsements
form ing a part of the policy):
"insured premises" means (l) the premises designated in the declara-
tions, (2) premises alienated by the named insured (other than prem-
ises constructed lor sale by the named insured), if possession has been
relinquished to others, and (3) plemises as to which the named insured
acquires ownership or control and reports his intention to insure such
premises under this policy and no other within 30 days after such
acquisition; and includes the ways immediately adjoining such premises
on land.
;
i."
V. POLICY TERRITORY
This insurance applies only to bodily injury or property damage which
occurs within the policy territory.
PREMISES MEDICAL PAYMENTS
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 accident on account of such bodily injury, pro-
vided such bodily injury arises out 01 a condition in the insured premises
or operations with respect to which the named insured IS afforded cov-
erage for bodily injury liability under this policy,
Exclusions
This insurance does not apply:
(a) to bodily injury
(l) arising out of the ownership, maintenance, operation, use. load-
ing or unloading 01
(i) any automobile or aircraft owned or operated by or rented to
or loaned to any insured, or
(ii) any other automobile or aircraft operated by any person in
the course of his employment by any insured;
but this exclusion does not apply to the parking of an automobile on
the insured premises, if such automobile is not owned by or rented
or loaned to any insured;
Page 2 of 3
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(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
any insured, or
(ii) any other watercraft operated by any person in the course of
his employment by any insured;
but this exclusion does not apply to watercraft while ashore on the
insured premise~; or
(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 Ollt 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 hazard 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;
t,
MP 00 93 (Ed. 07 77)
I
(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 or contest
(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
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GL 00 1907 78
This endorsement forms a part of the ,policy to which attached, effective on the inception date of the policy unless otherwise stated herein.
(The following information is required only when this endorsement is issued subsequent to preparation of policy.)
Endorsement Effective Policy No. Endorsement No.
Named Insured
Countersigned by
(Authorized Representative)
Th;s endorsement modifies such insurance as is afforded by the provisions of the policy relating to the fj)lIowing:
GENERAL LIABILITY INSURANCE
SMP LIABILITY INSURANCE
BUSINESSOWNERS POLICY
AMENDATORY ENDORSEMENT-ADDITIONAL DEFINITION
It is agreed that the following definition is added:
"loading or unloading", with respect to an automobile, means the handling of property after it is moved from the place where it is accepted for movement into or onto
an automobile or while it is in or on an automobile or while it is being moved Irom an automobile to the place where it is linally delivered, but "loading or unloading"
does not include the movement 01 property by means 01 a mechanical dllvice (other than a hand truck) not attached to the automobile.
GL 00 19 07 78
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GL 00 26
(Ed. 03 81)
This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein.
(The following information is required only when this endorsement is issued subsequent to preparation of policy.)
Endorsement effective Policy No. Endorsement No.
Named Insured
Countersigned by
(Authorized Representative)
This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following:
COMPREHENSIVE GENERAL LIABILITY INSURANCE
MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE
OWNERS, LANDLORDS AND TENANTS LIABILITY INSURANCE
SMP LIABILITY INSURANCE
NON-OWNED SNOWMOBILE
It is agreed that Part 2 of Exclusion (c) is replaced by the following:
(2) the operation or use of any snowmobile or trailer designed for use therewith
(i) owned or operated by or rented or loaned to any insured, or
(ii) operated by any person in the course of his employment by any insured;
GL 00 26 03 81
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GL 00 27
(Ed. 03 81)
This endorsement forms a part of the pOlicy to which attached, effective on the inception date of the policy unless otherwise stated herein.
(The following information is required only when this endorsement is issued subsequent to preparation of policy.)
Endorsement effective Policy No. Endorsement No.
Named Insured
Countersigned by
(Authorized Representative)
This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following:
PREMISES MEDICAL PAYMENTS INSURANCE
NON-OWNED SNOWMOBILE
It is agreed that subparagraph (ii) under part (2) of exclusion (a) is replaced by the following:
(ii) the operation or use of any snowmobile or trailer designed for use therewith
(a) owned or operated by or rented or loaned to any insured, or
(b) operated by any person in the course of his employment by any insured;
GL 00 27 03 81
I
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GL 00 32
(Ed. 4.84)
This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein.
(The foHowing information is required only when this endorsement is issued subsequent to preparation of policy.)
Endorsement effective Policy No. Endorsement No.
Named Insured
Additional Premium $
Cou ntersigned by
(Authorized Representative)
This endorsement modit:es such insurance as is afforded by the provisions of the policy relating to the following:
COMPREHENSIVE GENERAL LIABILITY INSURANCE
MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE
OWNERS, LANDLORDS AND TENANTS LIABILITY INSURANCE
OWNERS AND CONTRACTORS PROTECTIVE LIABIlITY INSURANCE
STOREKEEPERS INSURANCE
SMP LIABILITY INSURANCE
Amendatory Endorsement
It is agreed that the exclusion relating to bodily injury to any employee of the insured is deleted and replaced by the following:
This insurance does not apply:
(i) to bodily injury to any employee of the insured arising out of and in the course of his employment by the insured for which the insured may be
held liable as an employer or in any other capacity;
(ii) to any obligation of the insured to indemnify or contribute with another because of damages arising out of the bodily injury; or
(iii) to bodDy injury sustained by the spouse, child, parent, brother or sister of an employee of the insured as a consequence of bodily injury to
such employee arising out of and in the course of his employment by the insured;
This exclusion applies to all claims and suits by any person or organization for damages because of such bodily injury including damages for care
and loss of services.
This exclusion does not apply to liability assumed by the insured under an incidental contract.
GL 00 32 04 84
Copyright, Insurance Services Office, Inc., 1983
)
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IL 00 18
(Ed. 10 84)
AMENDATORY ENDORSEMENT
PREJUDGMENT INTEREST
The following is added to the Supplementary Payments provision in this policy:
The Company will pay, in addition to the applicable limit of liability, prejudgment interest awarded against the
insured on that part of the judgment the Company pays. If the Company makes an offer to pay the applicable limit
of its liability, the Company will not pay any prejudgment interest based on that pericd of time after the offer.
IL 00 18 10 84
Copyright, Insurance Services Office, Inc., 1984
Copynght, ISO Commercial Risk ~ervices, Inc., 1984
A[fDITIONAL COVERAGE ENDORSEiNT
I (Coverage B - Personal Property)
Subject to all the provisions and stipulations otherwise applicable to Section I of this policy of which this endorsement is made a part. except as
otherwise provided for herein. the following perils are added to and made part of the "Perils Insured Against" section of Form MP 00 12 of which this
endorsement is made a part and apply only to Coverage B - Personal Property as defined therein:
I. Sprinkler Leakage:
1. Loss by sprinkler leakage shall mean loss by leakage or
discharge of water or other substance from within any
automatic sprinkler svs,tem. This peril shall also cover direct
loss caused by collapse or fall of a tank forming part of an
automatic sprinkler system. The Company shall not be liable as
respects this peril for loss:
a. by water from other than an automatic sprinkler system;
b. while the building at which the loss occurs. whether
intended for occupancy by owner or tenant. is vacant or
unoccupied;
c. occurring during and resulting from the making of repairs.
alterations or extensions involving a wall or supports of a
floor or roof. or the installation of or change in an
"automatic sprinkler system" at the building at which the
loss occurs after a period of fifteen consecutive days from
the beginning of such operations.
2 Loss shall also include the cost of repairs and replacements to
the "automatic sprinklersystems" when the damage sustained
is caused directly by:
a. breakage of any of its parts resulting in "sprinkler leakage"
as insured against;
b. freezing.
3. The term "Automatic Sprinkler System" means any automatic
fire protective system including sprinklers. discharge nozzles
and ducts. pipes. valves. fittings. tanks (including component
parts and supports thereof). pumps and private fire protection
mains. all connected with and constituting a part of an
automatic fire protective system; and non-automatic fire
protective systems, hydrants. standpipes or outlets supplied
from an automatic fire protective system.
J. Falling Objects: Loss by falling objects shall not include
1. loss to personal property in the open;
2. loss to the interior of the buildings or the property contained
therein unless the buildings covered or containing the property
covered shall first sustain an actual damage to the exterior of
the roof or walls by a falling object.
Form S8-124
(2/79)
M. Premises Burglary or Robbery:
1. Loss by burglary shall cover the felonious abstraction of
insured property (1) from within the premises by a person
making felonious entry th~rein by actual force and violence, of
which force and violence there are visible marks made by tools.
explosives, electricity or chemicals upon. or physical damage
to, the exterior of the premises at the place of such entry, or (2)
from within a showcase or shoiN window outside the premises
by a person making felonious entry into such showcase or
show window by actual force and violence. of which force and
violence there are visible marks thereon. or (3) from within the
premises by a person making felonious exit therefrom by actual
force and violence as evidenced by visible marks made by tools.
explosives, electricity or chemicals upon, or physical damage
to. the interior of the premises at the place of such exit.
2. Loss by robbery shall cover the felonious taking of insured
property by violence or threat of violence inflicted upon the
insured or any other person employed exclusively by the
insured while such property is within the premises.
3. This peril also includes damage to the premises. and to the
insured property within the premises or within a showcase or
show window. by such burglary or robbery, or attempt thereat.
provided with respect to damage to the premises the insured is
the owner thereof or is liable for such damage, but in no event
shall this coverage apply to glass (other than glass building
blocks) or to any lettering or ornamentation thereon.
L. Collapse: Loss by collapse shall mean only the collapse of the
buildings or any part thereof, but excluding loss, except as a direct
result of such collapse, to outdoor radio or television antennas,
including their lead-in wiring. masts or towers; awnings; gutters
and downspouts; yard fixtures; outdoor swimming pools; fences;
piers, wharves and docks; beach or diving platforms, or
appurtenances; retaining walls not constitutinll part of the
building; walks, roadways and other paved surfaces. The following
are not collapse within the intent or meaning of this peril: settling.
cracking, shrinkage, bulging or expansion.
4. The Company shall not be liable. for more than:
a. $1.000 in anyone occurrence for all contributing insurance
for loss to:
(1) furs and fur garments;
(2) jewelry. watches. watch movements. jewels. pearls.
precious and semi:precious stones. gold. silver,
platinum and other precious alloys or metals. This
limitation shall not apply to jewelry and watches valued
at $25 or less per item;
(3) patterns. dies. molds. models and forms.
b. $100 in anyone occurrence for all contributing insurance
for loss from within a showcase or show window not
opening directly into the interior of the premises.
5. The Company shall not be liable for loss due to any fraudulent.
dishonest or criminal act by any insured. a partner therein. or
an officer. employee, director, trustee or authorized
representative thereof. whether acting alone or in collusion
with others.
6. Upon acknowledgement of loss or of an occurrence which may
give rise to a claim for loss under this peril, the insured shall
give notice thereof as soon as practicable to the police.
7. For the purpose of this coverage the unqualified word
"premises" means the interior of that portion of the building at
the locations covered hereunder which is occupied by the
insured. but shall not include public entrances, halls or
stairways.
K. Weight of Snow. Ice or Sleet: Loss by weight of snow. ice or
sleet shall not include:
1. loss to personal property in the open;
2. loss to the interior of the buildings or the property contained
therein. unless the buildings containing the property covered
shall first sustain a physical injury; except as a direct result of
the collapse of a building. the Company shall not be liable as
respects this peril for loss to outdoor radio or television
antennas. including their lead-in wiring, masts or towers;
awnings; gutters and downspouts; yard fixtures; outdoor
swimming pools; fences; piers. wharves and docks; beach or
diving platforms. or appurtenances; retaining walls not
constituting part of the building; walks. roadways and other
paved surfaces; all when such loss is caused by freezing,
thawing, or by the pressure or weight of ice or waler whether
driven by wind or not.
This Endorsement must be attached to Change Endorsement MP 12 01 when issued alter the Policy is written.
UNO. I SO
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The following Extensions of Coverage, as defined and limited herein. are added to and made part ofthe "Extensions of Coverage" section of
the Form to which this endorsement is attached. The values of property off-premises or in the course of trans po ration, as provided below, shall
not be subject to the provisions of the Value and Full Reporting clauses. if any. contained in the form to which this endorsement is attached.
H. Off-Premises: The insured may apply up to $1,000 in anyone 1. fire. lightning, windstorm and hail. explosion. smoke. riot, riot
occurrence to cover insured personal property against loss by an attending a strike and civil commotion, vandalism and
insured peril. while temporarily (not to exceed 30 consecutive malicious mischief; or
days) at premises elsewhere than the described premises. but 2. collision. overturning or upset of the vehicle; meaning thereby
within the 48 contiguous states of the United States and the the violent and accidental contact of the vehicle conveying the
District of Columbia. This extension shall not apply to: property described herein with any other vehicle or object
1. salesmen's samples, property at or in fairs or exhibitions, or excluding any loss or damage done by coming in contact with
display items; any portion of the road bed or by means other than as expressly
2. property sold by the insured under conditional sale, trust indicated.
agreement, installment payment or other deferred payment This extension shall also include theft of an entire shipping bale,
plan, after delivery to customers; case or ppckage from a vehicle while such property is contained in
3. property while leased or rented to others. a fully enclosed and securely locked body or compartment and
I. Transportation: The insured may apply up to $1.000 of the limit theft results from forcible entry. evidenced by visible marks upon
of liability specified for Personal Property to cover insured personal such body or compartment.
property (other than property in the care. custody or control of
salesmen) during transportation by motor vehicles owned. leased
or operated by the insured for loss in anyone occurrence caused
by:
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UNO-ISO
Page 2 of 2
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GLAS.S COVERAGE ENDORSIMENT
MP 04 60
(Ed. 07 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
damaged 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
1 l 53 Linear feet Incl.
Total Premium $ In c 1 .
3. EXCLUSION
Insurance provided by this Endorsement does not apply to loss caused by or due to fire.
4. CONDITIONS
Limits of Liability and Settlement Options: The limit of the Company's liability for damage shall not exceed the actual cash value of the property at time of loss.
nor what it would then cost to repair or replace the damaged property with other of the nearest obtainable kind and quality, nor the applicable limit of insurance
stated in the schedule; provided. however, the limit of theCompany's liability under each of paragraphs (la), (lb) and (lc) 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 SMP Policy Conditions and Definitions Form are also applicable to this endorsement: Cancellation; Duties
of the Named Insured After a loss; Inspection and Audit; liberalization Clause; Nuclear Exclusion; Other Insurance; Policy Period, Territory; Protective
Safeguards; Subrogation; Suit; Time of Inception; War Risk and Governmental Action Exclusion.
This Endorsement must be attached to Change Endorsement when issued after the Policy is written.
MP 04 60 (Ed. 07 77)
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OPTIONAL PERILS ENDORSEM~T
MP 04 66
(Ed. 10 83)
PROPERTY COVERED 0 Buildings
00 Personal Property of the Insured
o Personal Property of Others
Subject to all the provisions applicable to Section I of this poliCY of which this endorsement is made a part, except as otherwise provided for herein, the
following perils are added to and made part of the "Perils Insured Against" section of SMP General Building Form and SMP General Personal Property
Form of which this endorsement is made a part with respect to the coverage specified by an "X" in the appropriate box(es) above.
I. PERILS INSURED AGAINST
I. Breakage of Glass: Glass breakage shall mean only the breakage of
glass constituting a part of the buildings covered hereunder, but exclud-
ing neon tubing attached to the buildings. The Company shall not be
liable for:
1. any glass breakage ;f the buildings have been vacant beyond a
period of 30 consecutive days immediately preceding the loss;
2. more than $50 per plate, pane, multiple plate insulating unit,
radiant heating panel. jalousie. louver or shutter;
3. more than $250 in anyone occurrence.
J. Falling Objects: Loss by falling objects shall not include:
1. loss to personal property in the open;
2. loss to the interior of the buildings or the property contained
therein unless the buildings covered or containing the property cov-
ered shall first sustain an actual damage to the exterior of the roof or
walls by a falling object.
K. Weight of Snow, Ice or Sleet: Loss by weight of snow, ice or sleet
shall mean only direct loss to the property covered when caused by
weight of snow. ice or sleet which results in physical damage to the build-
ings covered or containing the property covered. The Company shall not
be liable as respects this peril for loss to:
1. metal smokestacks, outdoor radio or television antennas includ-
ing their lead-in wiring, masts or towers; gutters and downspouts;
yard fixtures; and, when outside of buildings, awnings and personal
property; nor to
2. fences; outdoor swimming poqls; piers, wharves and docks;
beach or diving platforms, or appurtenances; retaining walls not
constituting part of the building; walks, roadways and other paved
surfaces; all when such loss is caused by freezing, thawing, or by the
pressure or weight of ice or water whether driven by wind or not.
L. Water Damage: Loss by water damage shall mean damage caused
by the accidental discharge or leakage of water or steam from within a
plumbing, heating or air conditioning system or domestic appliance only
when such discharge or leakage is the direct result of the breaking or
cracking of any pipes, fittings, parts, or fixtures forming a part of such
system or appliance, including the cost of tearing out and replacing any
part of the buildings covered required to effect repairs to the system or
appliance from which the water or steam escapes, but excluding:
1. discharge or leakage of water or steam from within an automatic
sprinkler system. The term "Automatic Sprinkler System" means
any automatic fire protective system including sprinklers, discharge
nozzles and ducts, pipes, valves, fittings, tanks (including compo-
nent parts and supports thereof), pumps and private fire protection
mains, all connected with and constituting a part of an automatic fire
protective system; and non-automatic fire protective systems, hy.
drants, standpipes or outlets supplied from an automatic fire pro-
tective system.
2. the cost of repairing or replacing the system or appliance from
which the water or steam escapes;
3. loss resulting from freezing while the building at the described
location is vacant or unoccupied, unless the insured shall have exer.
cised due diligence with respect to maintaining heat in the buildings.
or unless the plumbing and heating systems and domestic appli-
ances had been drained and the water supply shut off during such
vacancy or unoccupancy;
4. less if the damaged buildings or buildings containing the dam-
aged property had been vacant beyond a period of 30 consecutive
days immediately preceding the loss.
S. continuouS or repeated seepage or leakage of water or steam
from within a plumbing. heating or air conditioning system or from
within a domestic appliance which occurs over a period of weeks.
months or years.
II. ADDITIONAL COVERAGE
COLLAPSE-This policy insures against risk of direct physical loss
involving collapse of a building or any part of a building caused only
by one or more of the following:
a. fire: lightning; windstorm; hail; explosion; smoke; aircraft; vehi-
cles: riot: civil commotion; vandalism or malicious mischief; break-
age of glass: falling objects; weight of snow, ice or steet; water dam-
age: all only as Insured against in this poliCY;
b. hidden decay;
c. hidden insect or vermin damage;
d. weight of people or person"!l property;
e. weight of rain which collects on a roof;
f. use of defective material or methods in construction, remodeliOlg
or renovation if the collapse occurs during the course of the con-
struction. remodeling or renovation.
This Company shall not be liable for loss to the following types of prop-
erty. if otherwise covered in this poliCY. under items boo coo doo e. and f.
unless the loss is a direct result of the collapse of a building:
outdoor radio or television antennas. including their lead.in wiring.
masts or towers: awnings: gutters and downspoutS: yard fixtures:
outdoor swimming pools: fences: piers. wharves and docks; beach or
diving platforms or appurtenances; retaining walls: walks. roadways
and other paved surfaces.
Collapse does not include settling. cracking. shrinkage. bulging or ex.
panslon.
ThiS AdditIonal Coverage does not increase the amount(s) of Insurance
prOVIded in thiS policy.
This Endorsement must be attached to Change Endorsement when issued after the Policy is written.
MP 04 66 (Ed. 1083)
~pyright, Insurance Services Office. lnc.. 1983
<m
I
I
Form 38-F
(Ed. 2-75)
INSURED'S CONSENT TO 0 EXCESS RATE [i] FORMS RESTRICTIONS
Name and Address of Insured
M Alfred Gregory dba Marina Gift
Name and Address of I nsurance Company
75 Causewa Blvd. Room 5 & 9
P.O. Box 14064
Clearwater FL 33515
Orl ando F
Special Multi-Peril
Type of Policy
SMP 474 n ?3
Policy No.
3-14-86
Effective Date
3-14-87
Expiration Date
The insured hereby gives written consent, as required by Section 627.171 of Florida Statutes, for the insurance company to charge a rate in excess of that
otherwise applicable for this risk.
RATES AND PREMIUMS
Item
No.
Amounts
or Limits
Perils or
Coverages
Rates
Consented Manual
Premiums
Consented Manual
1.
$
$
$
$
Premium at
Manual Rates $
Premium at
Excess Rates $
Difference $
FORMS RESTRICTIONS-DESCRIBE AND ATTACH COPIES
$500 Windstorm deductible applies to Building, Contents and Signs
ADEQUATELY DESCRIBE RISK
Gift Shop
NAME AND ADDRESS OF INSURANCE AGENCY
Burke-Lehman Insurance
2173 N.E. Coachman Road
Clearwater, FL 33575
CERTIFICATION
Agent:
I have explained this form to the insured and to the best
of my knowledge and belief he understands and ac.
cepts it.
1 nsu red:
I understand and accept the Excess Rate and/or form
restrictions indicated hereon.
Signed
Signed
Date
Form 38-f (Ed. 2-75)
Title
Date
Title
. COVERAGf: PART
I
PREMISES MEDICAL PAYMENTS INSURANCE'
L 6421
(Ed J -73)
For attachment to Policy No. SMP 474 72 23
, to complete said policy.
<.:-;".;,,~
-. -
SCHEDULE
The insurance afforded is only with respect to the following Coverage indicated by specific premium charge or charges. The limit of the company's liability against such
Coverage shall be as_ stated herein, subject to all the terms of this policy having reference thereto.
Advance Premiums
X X X
$ Incl.
$ NA
$ NA
$
$ Incl.
limits of liability
1,000
dollars
10 ,000
each accident
each person
Total Advanr.e Premium 1
I. COVERAGE E-PREMISES MEDICAL PAYMENTS
The company will pay to or for each person who sustains bodily injury caused
by accident all reasonable medical expense incurred within one year from the
date of the accident on account of such bodily injury, provided such bodily in.
jury arises out of (a) a condition in the insured premises or (b) operations with
respect to which the named insured is afforded coverage for bodily injury
liability under this policy.
Exclusions
This insurance does not apply:
(a) to bodily injury
(1) arising out of the ownership, maintenance, operation, use, loading or un-
loadi ng of
(j) any automobile or aircraft owned or operated by or rented or loaned
to any insured, or
(ii) any other automobile or aircraft operated by any person in the course
of his employment by any insured;
but this exclusion does not apply to the parking of an automobile on the
insured premises, if such automobile is not owned by or rented or loaned
to any insured;
(2) arising out of (j) 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
(ij) 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
(j) any watercraft owned or operated by or rented or loaned to any
insured, or
(ij) 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
(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;
(b) to bOdily injury
(1) included within the completed operations hazard or the products hazard,
(2) arising out of operations performed for the named insured by independent
contractors other than (j) maintenance and repair of the insured premises
or (iil structural alterations at such premises which do not involve chang-
ing the size of or moving buildings or other structures,
(31 resulting from the selling, serving or giving of any alcoholic beverage (i)
in violation of any statute, ordinance or regulation, (ii) to a minor, (iij)
to a person under the influence of alcohol or (iv) which causes or con-
tributes to the intoxication of any person, if the named insured is a
person or organization engaged in the business of manufacturing, dis-
tributing, selling or serving alcoholic beverages or, if not so engaged, is
an owner or lessor of premises used for such purposes but only part (j)
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, rebellion 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 regu-
larly residing on the insured premises or any employee of any of the
~_IIlI6'~~~
OAUTHENTICO
"'--::.::;;....- e
--
u _ __
Coverage
dollars
E-Premises Medical Payments
(a) Premises and operations
(b) Escalators
(c) Sports activities
Form numbers of endorsements attached at issue
foregoing if the bodily injury arises out of and in the course of his employ.
ment therewith,
(2) to any other tenant if the bodily injury occurs on that part of the insured
premises rented from the named insured or to any employee of such a ten-
ant if the bodily injury occurs on the tenant's part of the insured premises
and arises out of and in the course of his employment for the tenant,
(3) to any person while engaged in maintenance and repair of the insured
premises or alteration, demolition or new construction at such premises,
(4) to any person if any benefits for such bOdily injury are payable or required
to be provided under any workmen's compensation, unemployment compen-
sation or disability benefits law, or under any similar law;
(5) to any person practicing, instructing or participating in any physical train-
ing, sport, athletic activity or contest unless a premium charge is entered
for sport activities in the policy with respect to Premises Medical Payments
Coverage;
(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 any
one 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 DEFINITIONS
When used in reference to this insurance (inClUding endorsements forming a
part of the policy):
"insured premises" means 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 immediately 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.
V. ADDITIONAL CONDITION
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, uflder oath if required, and shall, after
each request 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 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 con.
stitute an admission of liability of any person or, except hereunder, of the company.
COVERAGE .pART
I '-I
COMPREHENSIVE GENERAL LIABILITY INSURANCE
L 9260
(Ed. 1-73)
For attachment to Policy No. SMP 474 72 23 ,to complete said policy.
AOOITIONAl DECLARATIONS
Location of all premises owned by. rented to or controlled by the named insured (ENTER "SAME" IF SAME LOCATION AS ADDRESS SHOWN IN ITEM 1 OF DECLARATIONS)
Same
Interest of named insured in such premises ,CHECK SHOW,
o Owner ~ Generallessee D Tenant D Other
Part occupied by named insured 'ENTER SHOW)
Portion
I. COVERAGE A-BODilY INJURY LIABILITY
COVERAGE B-PROPERTY DAMAGE LIABILITY
The company will pay on behalf of the insured all sums which the insured shall
become legally obligated to pay as damages because of
A. bodily injury or
B. property damage
to which this insurance applies, caused by an occurrence. and the company shall
have the right and duty to defend any suit against the insured seeking damages
on account of such bodily injury or property damage, even if any of the allegations
of the suit are groundless, false or fraudulent, and may make such investigation
and settlement of any claim or suit as it deems expedient, but the company shall
not be obligated to pay any claim or judgment or to defend any suit after the
applicable limit of the company's liability has been exhausted by payment of
judgments or settlements.
Exclusions
This insurance does not apply:
(a) to liability assumed by the insured under any contract or agreement except
an incidental contract; but this exclusion does not apply to a warranty of
fitness or quality of the named insured's prOducts or a warranty that work
performed by oron behalf of the named insured will be done in a workmanlike
manner;
(b) to bodily injury or property damage arising out of the ownership, maintenance,
operation, use, loading or unloading of -
m any automobile or aircraft owned or operated by or rented or loaned to
any insured, or
(2) any other automobile or aircraft operated by any person in the course of
his employment by any insured;
but this exclusion does not apply to the parking of an automobile on premises
owned by, rented to or controlled by the named insured or the ways imme-
diately adjoining, if such automobile is not owned by or rented or loaned to
any insured;
(e) to bodily injury or property damage arising out of (l) the ownership, main-
tenance, 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 (2) the operation or use of any snowmobile or trailer
designed for use therewith;
(d) to bodily injury or property damage arising out of and in the course of the
transportation of mobile equipment by an automobile owned or operated by
or rented or loaned to any insured;
(e) to bodily injury or property damage arising out of the ownership, maintenance,
operation, use, loading or unloading of
III any watercraft owned or operated by or rented or loaned to any insured, or
(2) any other watercraft operated by any person in the course of his em-
ployment by any insured;
but this exclusion does not apply to watercraft while ashore on premises
owned by, rented to or controlled by the named insured;
(f) to bodily injury or property damage arising out of the discharge, dispersal,
release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals,
liquids or gases, waste materials or other irritants, contaminants or pollutants
into or upon land, the atmosphere or any water course or body of water; but
this exclusion does not apply if such discharge, dispersal, release or escape
is sudden and accidental;
(g) to bodily' injury or property damage due to war, whether or not declared,
civil war, insurrection, rebellion or revolution or to any act or condition
incident to any of the foregoing, with respect to
(l) liability assumed by the insured under an incidental contract, or
(2) expenses for first aid under the Supplementary Payments provision;
(h) to bodily injury or property damage for which the insured or his indemnitee
may be held liable
III as a person or organization engaged in the business of manufacturing,
distributing, selling or serving alcoholic beverages, or
(2) if not so engaged, as an owner or lessor of premises used for such
purposes,
if such liability is imposed
(j) by, or because of the violation of, any statute, ordinance or regulation
pertaining to the sale, gift, distribution or use of any alcoholic beverage,
or
(jj) by reason of the selling, serving or giving of any alcoholic beverage to a
minor or to a person under the influence of alcohol or which causes or
contributes to the intoxication of any person;
but part (jil of this exclusion does not apply with respect to liability of the
insured or his indemnitee as an owner or lessor described in (2) above;
(j) to any obligation for which the insured or any carrier as his insurer may
be held liable under any workmen's compensation, unemployment compensa.
tion or disability benefits law, or under any similar law;
(j) to bodily injury to any employee of the insured arising out of and in the
course of his employment by the insured or to any obligation of the insured
to indemnify another because of damages arising out of such injury; but this
exclusion does not apply to liability assumed by the insured under an
incidental contract;
(k) to property damage to
(1) property owned or occupied by or rented to the insured,
(2) property used by the insured, or
(3) property in the care, custody or control of the insured or as to which
the insured is for any purpose ex~rcising physical control;
but parts (2) and (3) of this exclusion do not apply with respect to liability
under a wrillen sidetrack agreement and part (3) of this exclusion does not
apply with respect to property damage (other than to elevators) arising out of
the use of an elevator at premises owned by, rented to or controlled by the
named insured;
(I) to property damage to premises alienated by the named insured arising out
of such premises or any part thereof;
(m) to loss of use of tangible property which has not been physically injured or
destroyed resulting from
(1) a delay in or lack of performance by or on behalf of the named insured
of any contract or agreement, or
(2) the failure of the named insured's products or work performed by or on
behalf of the named insured to meet the level of performance, quality,
fitness or durability warranted or represented by the named insured;
but this exclusion does not apply to loss of use of other tangible property
resulting from the sudden and accidental physical injury to or destruction of
the named insured's products or work performed by or on behalf of the
named insured after such products or work have been put to use by any
person or organization other than an insured;
(n) to property damage to the named insured's products arising out of such
products or any part of such products;
(0) to property damage to work performed by or on behalf of the named insured
arising out of the work or any portion thereof, or out of materials, parts or
equipment furnished in connection therewith;
(p) to damages claimed for the withdrawal, inspection, repair, replacement, or
loss of use of the named insured's products or work completed 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 suspected defect or deficiency therein;
(q) to property damage included within:
(l) the explosion hazard in connection with operations identified in this
policy by a classification code number which includes the symbol "x",
(2) the collapse hazard in connection with operations identified in this
policy by a classification code number which includes the symbol "c",
(3\ the underground property damage hazard in connection with operations
identified in this policy by a classification code number which includes
the symbol "u".
(over)
II. PERSONS INSURED J
Elich of the following is an insured under this insurance to the extent set forth
below:
(al if the named insured is designated in the declarations as an individual the
person so designated but only with respect to the conduct of a busine~s of
which he is the sole proprietor, and the spouse of the named insured with
respect to the conduct of such a business;
(b) if the named insured is designated in the declarations as a partnership or
joint venture, the partnership or joint venture so designated and any partner
or member thereof but only with respect to his liability as such;
(c) if the named insured is designated in the declarations as other than an in.
dividual, partnership or joint venture, the organization so designated and any
executive officer, director or stockholder thereof while acting within the scope
of his duties as such;
(dl any person (other than an employee of the named insured) or organization
while acting as real estate manager for the named insured; and
(e) w.ith respect to the operation, for the purpose of locomotion upon a public
highway, of mobile equipment registered under any motor vehicle registration
law,
(il an employee of the named insured while operating any such equipment in
the course of his employment, and
(HI any other person while operating with the permission of the named insured
any such equipment registered in the name of the named insured and any
person or organization legally responsible for such operation, but only if
there is no other valid and collectible insurance available, either on a
primary or excess basis, to such person or organization;
provided that no person or organization shall be an insured under this para-
graph (el with respect to:
(1) bodily injury to any fellow employee of such person injured in the course
of his employment, or
(21 property damage to property owned by, rented to, in charge of or occupied
by the named insured or the employer of any person described in sub-
paragraph (iil. .
This insurance does not apply to bodily injury or property damage arising out of
the conduct of any partnership or joint venture of which the insured is a partner
or member,and which,islIC)t designa~~ iothis policy. as aaamedjasured.._~...
III. LIMITS OF LIABILITY
~egardlessof t~e num.ber. of (1) insureds under this policy, (2) persons or organi-
zations who sustain bodily Injury or property damage, or (3) claims made or suits
~ro.ught on account of bodily injury or property damage, the company's liability is
limited as follows:
Coverage A-The total liability of the company for all damages, including
damages for care and loss of services, because of bodily injury sustained by one
.....-......~
1lA~~~
I
. .. ; ~ ". .
.~ .. ....... '. . \ -
or l!'or~ persons .a~ the resu)of any one ~ccurrence shall not exceed the limit of
bodily mlury liability stated In the declarations as applicable to "each occurrence".
Subject to the above provision respecting "each occurrence", the total liability
of the company for all damages because of (1) all bodily injury included within
the completed operations hazard and (2) all bodily injury included within the
products hazard shall not exceed the limit of bodily injury liability stated in the
declarations as "aggregate".
Coverage B-The total liability of the company for all damages because of all
property damage sustained by one or more persons or organizations as the result
of anyone occurrence shall not exceed the limit of property damage liability
stated in the declarations as applicable to "each occurrence".
Subject to the above provision respecting "each occurrence", the total liability
of the company for all damages because of all property damage to which this
coverage applies and described in any of the numbered subparagraphs below
shall not exceed the limit of property damage liability stated in the declarations
as "aggregate":
(1) all property damage arising out of premises or operations rated on a re-
muneration basis or contractor's equipment rated on a receipts basis,
including property damage for which liability is assumed under any in-
cidental contract relating to such premises or operations, but excluding
property damage included in subparagraph (2) below;
(2) all property damage arising out of and occurring in the course of operations
performed for the named insured by independent contractors and general
supervision thereof by the named insured, including any such property
damage for which liability is assumed under any incidental contract
relating to such operations, but this subparagraph (2) does not include
property damage arising out of maintenance or repairs at premises owned
by or rented to the named insured or structural alterations at such premises
which do not involve changing the size of or moving buildings or other
structures; .
(3) all property damage included within the products hazard ~nd all property
damage included within the completed operations hazard.
Such aggregate limit shall apply separately to the property damage described
in subparagraphs (1), 121 and (3) above, and under subparagraphs (1) and (2)
separately with respect to each project away from premises owned by or rented
to the named insured.
. C~~erages A and !l-Fo,r the purpose of determi~i~g the limit of the company's
liability, all bodily mJury and property damage. arising out ofcontinuous;orre-
peated exposure to substantially the same general conditions shall be considered
as arising out of one occurrence.
IV. POLICY TERRITORY
This insurance applies only to bodily injury or property damage which occurs
within the policy territory.
. COVERAG'E PART
,
PERSONAL INJURY LIABILITY INSURANC)
L 9287
(Ed. 1-73)
For attachment to Policy No. SMP 474 72 23 , to complete said policy.
300
o
Limits of Liability
thousand dollars aggregate
% Insured's Participation
P-Personallnjury Liability
Coverage
SCHEDULE
The insurance afforded is only with respect to personal injury arising out of an offense included within such of the following groups of offenses
as are indicated by specific I'remium charge or charges.
Advance Premiums
$ Incl.
$ Incl.
$ Incl.
$
$ Incl.
$
Groups of Offenses
A. False Arrest, Detention or Imprisonment, or Malicious Prosecution
B. Libel, Slander, Oefamation or Violation of Right of Privacy
C. Wrongful Entry or Eviction or Other Invasion of Right of Private Occu.pancy
Form numbers of endorsements attached at issue
Total Advance Premium I
Minimum Premium I
:~
....._ "___ ~-:"'r _ '''!''_
I. COVERAGE P-PERSONAL INJURY LIABILITY
The company will pay on behalf of the insured all sums which the insured shall
become legally obligated to pay as damages because of injury (herein called
"personal injury") sustained by any person or organization and arising out of one
or more of the following offenses committed in the conduct of the named insured's
business:
Group A-false arrest, detention or imprisonment, or malicious prosecution;
Group B-the publication or utterance of a libel or slander or of other defama.
tory or disparaging material, or a publication or utterance in violation
of an individual's right of privacy; except publications or utterances
in the course of or related to advertising, broadcasting or telecasting
activities conducted by or on behalf of the named insured;
Group C-wrongful entry or eviction, or other invasion of the right of private
occupancy;
if such offense is committed during the policy period within the United States of
America, its territories or possessions, or Canada, and the company shall have the
right and duty to defend any suit against the insured seeking damages on account
of such personal injury even if any of the allegations of the suit are groundless,
false or fraudulent, and may make such investigation and settlement of any claim
or suit as it deems expedient, but the company shall not be obligated to pay any
claim or judgment or to defend any suit after the applicable limit of the company's
liability has been exhausted by payment of judgments or settlements.
Exclusions
This insurance does not apply:
(a) to liability assumed by the insured under any contract or agreement;
(b) to personal injury arising out of the wilful violation of a penal statute or
ordinance committed by or with the knowledge or consent of any insured;
(c) to personal injury sustained by any person as a result of an offense directly
or indirectly related to the employment of such person by the named insured;
(d) to personal injury arising out of any publication or utterance described in
Group B, if the first injurious publication or utterance of the same or similar
material by or on behalf of the named insured was made prior to the effective
date of this insurance,
,0.- ..,..,
OA'~THEN;:icO
".01111"'" 11,..,0-
.'
tel to personal injury arising out of a pub I ication or utterance described in Group B
concerning any organization or business enterprise, or its products or services.
made by or at the direction of any insured with knowledge of the falsity thereof.
II. PERSONS INSURED
Each of the following is an insured under this insurance to the extent set
forth below:
la) if the named insured is designated in the declarations as an individual, the
person so designated and his spouse;
(b) if the named insured is designated in the declarations as a partnership or
joint venture, the partnership or joint venture so designated and any partner
or member thereof but only with respect to his liability as such;
(c) if the named insured is designated in the declarations as other than an indi.
vidual, partnership or joint venture, the organization so des.ignated and any
executive officer, director or stockholder thereof while acting within the
scope of his duties as such.
This insurance does not apply to personal injury 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. LIMITS OF LIABILITY; INSURED'S PARTICIPATION
Regardless of the number of (1) insureds under this policy, (2) persons or
organizations who sustain personal injury, or (3) claims made or suits brought
on account of personal injury, the total limit of the company's liability under
this coverage for all damages shall not exceed the limit of personal injury
liability stated in the schedule as "aggregate".
If a participation percentage is stated in the schedule for the insured, the
company shall not be liable for a greater proportion of any loss than the difference
between such percentage and one hundred percent and the balance of the loss
shall be borne by the insured; provided, the company may pay the insured's
portion of a loss to effect settlement of the loss, and, upon notification of the
action taken, the named insured shall promptly reimburse the company therefor.
IV. ADDITIONAL DEFINITION
When used in reference to this insurance:
"damages" means only those damages which are payable because of personal
injury arising out of an offense to which this insurance applies.
I
<m
I
1
GL 99 17
(Ed. 03 81)
This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein.
(The following information is required only when this endorsement is issued subsequent to preparation of policy.)
Endorsement effective Policy No. SMP 474 72 23 Endorsement No.
Named Insured
Countersigned by
(Authorized Representative)
This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following:
COMPREHENSIVE GENERAL LIABILITY INSURANCE
COMPLETED OPERATIONS AND PRODUCTS LIABILITY INSURANCE
CONTRACTUAL LIABILITY INSURANCE
MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY INSURANCE
OWNERS, LANDLORDS AND TENANTS LIABILITY INSURANCE
AMENDMENT-LIMITS OF LIABILITY
(Single Limit)
(Individual Coverage Aggregate Limit)
SCHEDULE
Coverage
Bodily Injury Liability and Property Damage Liability
.It is agreed that the provisions of the policy captioned "LIMITS Of
LIABILITY" relating to Bodily Injury Liability and Property Damage Lia-
bility are amended to read as follows:
LIMITS Of LIABILITY
Regardless of the number of (1) insureds under this policy, (2) persons
or organizations who sustain bodily injury or property damage, or (3)
claims made or suits brought on account of bodily injury or property
damage, the company's liability is limited as follows:
Bodily Injury Liability and Property Damage Liability:
(a) The limit of liability stated in the Schedule of this endorsement
as applicable to "each occurrence" is the total limit of the com-
pany's liability for all damages including damages for care and loss
of services because of bodily injwy and property damage sustained
by one or more persons or organizations as a result of anyone
occurrence, provided that with respect to any occurrence for which
notice of this policy is given in lieu of security or when this policy
is certified as proof of financial responsibility under the provisions
of the Motor Vehicle financial Responsibility law of any state or
province such limit of liability shall be applied to provide the sepa-
rate limits required by such law for Bodily Injury Liability and
Property Damage Liability to the extent of the coverage required
by such law, but the separate application of such limit shall not
increase the total limit of the company's liability.
(b) Subject to the above provision respecting "each occurrence", the
total liability of the company for all damages because of all bodily
injury and property damage which occurs during each annual
period while this policy is in force commencing from its effective
date and which is described in any of the numbered subparagraphs
below shall not exceed the limit of liability stated in the Schedule
of this endorsement as "aggregate":
(1) all property damage arising out of premises or operations
rated on a remuneration basis or Contractor's equipment rat-
ed on a receipts basis, including property damage for which
liability is assumed under any incidental contract relating to
such premises or operations, but excluding property damage
GL 99 17 03 81
Limits of Liability
$ 1 ,000000 each occurrence
$ 1 0 0000 aggregate
included in subparagraph (2) below;
(2) all property damage arising out of and occurring in the course
of operations performed for the named insured by independ-
ent contractors and general supervision thereof by the named
insured, including any such property damage for which liabili-
ty is assumed under any incidental contract relating to such
operations, but this subparagraph (2) does not include prop-
erty damage arising out of maintenance or repairs at premises
owned by or rented to the named insured or structural altera-
tions at such premises which do not involve changing the size
of or moving buildings or other structures;
(3) if Products-tompleted Operations insurance is afforded, all
bodily injury and property damage included within the comp-
leted operations hazard and all bodily injury and property
damage included within the products hazard;
(4) if Contractual Liability Insurance is afforded, all property
damage for which liability is assumed under any contract to
which the Contractual Liability Insurance applies.
Such aggregate limit shall apply separately:
(i) to the property damage described in subparagraphs (1)
and (2) and separately with respect to each project
away from premises owned by or rented to the named
insured;
(ii) to the sum of the damages for all bodily injury and
property damages described in subparagraph (3); and
(iii) to the property damage described in subparagraph (4)
and separately with respect to each project away from
premises owned by or rented to the named insured.
(c) For the purpose of determining the limit of the company's liability,
all bodily injury and property damage arising out of continuous or
repeated exposure to substantially the same general condition shall
be considered as arising out of one occurrence.
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GL 20 11
(Ed. 07 66)
This endorsement forms a part of the policy to which attached. effective on the inception date of the policy unless otherwise stated herein.
(The following information is required only when this endorsement is issued subsequent to preparation of policy.)
Endorsement effective Policy No. SMP474 72 23 Endorsement No.
Named Insured
Additional Premium S
Countersigned by
(Authorized Representative)
This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following:
COMPREHENSIVE GENERAL LIABILITY INSURANCE
MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE
OWNERS, LANDLORDS AND TENANTS LIABILITY INSURANCE
SMP LIABILITY INSURANCE
STOREKEEPERS INSURANCE
ADDITIONAL INSURED
(Premises Leased to the Namecllnsured)
It is agreed that the "Persons Insured" provision is amended to include as an insured the person or organization designated below, but only with respect
to liability arising out of the ownership. maintenance or use of that part of the premises designated below leased to the named insured, and subject to the
following additional exclusions:
The insurance does not apply:
1. to any occurrence which takes place after the named insured ceases to be a tenant in said premises:
2. to structural alterations, new construction or demolition operations performed by or on behalf of t-he person or organization designatdd below.
SCHEDULE
Designation of Premises
(Part LEased to Named Insured)
Name of Person or Organization
(Additional Insured)
Annual Premiums
Bodily Property
Injury Damage
liability liability
75 Causeway Blvd.
Rooms 5 & 9
Clearwater, FL 33515
City of Cl earwater
P.O. Box 4748
Clearwater, FL 33518
Incl.
Incl.
GL 20 11 07 66
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Special Deductible Clause
PSMP-2
(2-79)
It is agreed that the deductible provisions of the policy to which this endorsement
is attached are amended as follows:
Deductible
Loss Deductible Clause: With respect to loss covered under this policy, the
Company shall be liable only when such loss in each occurrence exceeds
$ 100. and then only for the amount of such excess.
The loss deductible clause shall not apply to Section II of this policy.
All other terms and conditions of this policy shall remain unchanged unless
otherwise amended.
This Endorsement must be attached to Change Endorsement MP 1201 when
issued after the policy is written.
UND-184(10/80)
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, SEIBELs BRUCE INSURANCE GROUP
EMPLO!R'S NON-oWNERSHIP AUTOMOBILE LtBILlTY
INSURANCE ENDORSEMENT
SCHEDULE
UNO 601
3/82
The limits of the Company's liability are on the basis and for the amounts designated below:
Limits of Liability
S 100.000
s 300,000
Property Damage Liability S 50.000 each occurrence. Advance Premium S In c 1 .
In consideration of the payment of pr~mium and subject to all the terms of this endorsement, the Company agrees with the named insured as follows:
Bodily Injury Liability
each person.
each occu rrence.
I. BODILY INJURY OR PROPERTY DAMAGE LIABILITY COVERAGE
The Company will pay on behalf of the insured all sums which the in-
sured shall become legally obligated to pay as damages because of
bo~ily injury or
property damage
to which this insurance applies, cause by an occurrence and arising out of
the use, including loading and unloading, of any non-owned automobile in
the business of the named insured by any person other than the named
insured, and the Company shall have the right and duty to defend any suit
against the insured seeking damages on account of such bodily injury or
property damage, even if any of the allegations of the suit are groundless,
false or fraudulent, and may make such investigation and settlement of
any claim or suit as it deems expedient. but the company shall not be
obligated to pay any claim or judgment or to defend any suit after the
applicable limit of the Company's liability has been exhuasted by payment
of judgments or settlements.
Exclusions
This insurance does not apply:
(a) to liability assumed by the insured under any contract or agreement;
(b) to any obligation for which the insured or any carrier as his insurer
may be held liable under any workmen's compensation, unemploy.
ment compensation or disability benefits law, or under any similar law;
(c) 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 any such injury arising
out of and in the course of domestic employment by the insured unless
benefits therefor are in whole or in part either payable or required to
be provided under any workmen's compensation law;
(d) to property damage to
(1) property owned or being transported by the insured, or
(2) property rented to or in the care, custody or control of the insured,
or as to which the insured is for any purpose exercisi ng physical
control, other than property damage to a residence or private
garage by a private passenger automobile covered by this insurance;
(e) to bodily injury or property damage arising out of the ownership,
maintenance, operation, use, loading or unloading of any non-owned
automobile used in the conduct of any partnership or joint venture of
which the insured is a partner or member and which is not designated
in the policy as a named insur2d;
(I) to bodily injury or property damage arising out of the discharge. dis-
persal. release or escape of smoke. vapors, soot, fumes, acids, alkalis,
toxic chemicals, liquids or gases, waste materials or other irritants,
contam inants or pollutants into or upon land, the atmosphere or any
watercourse or body of water: but this exclusion does not apply if such
discharge, dispersal, release or escape is sudden and accidental;
(g) to bodily injury or property damage due to war, whether or not de.
c1ared, civil war, insurrection, rebellion or revolution or to any act or
condition incident to any of the foregoing, with respect to expenses for
first aid under the Suppl~mentary Payments provision.
II. PERSONS INSURED
Each of the following is an insured under this insurance to the extent
set forth below:
(a) the named insured;
(b) any partner or executive officer t~reof, but only while the automobile
is being used in the business of the named insured;
(c) any other person or organization but only with respect to his or its
liability because of acts or omissions of an insured under (a) or (b)
above.
None of the following is an insured:
(i) any person while engaged in the business of his employer with re-
spect to bodily injury to any fellow empi~yee of such per~on injured
in the course of his employment:
(ii) the owner of such automobile nor any agent or employee of such
owner;
(iii)an executive officer or partner of the named insured with respect
tll an automobile owned by him or by a member of hiS household;
(iv)any person while employed in or otherwise engaged in duties in
connection with an automobile business, other than an automobile
business operated by the named insured.
III. LIMITS OF LIABILITY
Regardless of the number of (1) insureds under this policy, (2) per-
sons or organizations who sustain bodily injury or property damage, (3)
claims made or suits brought on account of bodily injury or property dam.
age, or (4) automobiles to which this policy applies, the Company's lia.
billty is limited as follows:
The limit of bodily injury liability stated in the schedule as applicable to
"each person" is the limit of the Company's liability for all damages, in.
cluding damages for care and loss of services. because of bodily injury
sustained by one person as the result of anyone occurrence; but subject
to the above provision respecting "each person", the total liability of the
company for all damages, including damages for care and loss of services,
because of bodily injury sustained by two or more persons as the result
of anyone occurrence shall not exceed the limit of bodily injury liability
stated in the schedule as applicable to "each occur-rence".
The total liability of the Company for all damages because of all property
damage sustained by one or more persons or organizations as the result
of anyone occurrence shall not exceed the Iim it of property damage Iia"
bility stated in the schedule as applicable to "each occurrence".
IV. POLICY TERRITORY
This insurance applies only to bodily injury or property damage which
occurs within the territory described in paragraph (1) or (2) of the defini-
tion of policy territory.
V. ADDITIONAL DEFINITIONS
When used in reference to this insurance (including endorsements
forming a part of the policy):
"automobile business" means the business or occupation of selling.
repairing. servicing, storing or parking automobiles;
"non-owned automobile" means an automobile not owned by, regis.
tered in the name of. hired by (or used under contract in behalf of),
or loaned to the named insured; provided that, if the named insured
is a partnership, such automobile is not owned by or registered in the
name of a partner thereof.
VI. OTHER PROVISIONS APPLICABLE TO THIS ENDORSEMENT
The General Conditions and Conditions and Definitions Applicable to
Section II are applicable to this endorsement.
VII. ADDITIONAL CONDITION
Excess Insurance-Nan-Owned Automobiles
This insurance shall be excess insurance over any other valid and col.
lectible insurance available to the insured.
Contains Copyrighted Material of the Insurance Services Office with its Permission
Copyright, Insurance Services Office, 1979
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