POLICY #772 44 12
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1-
C I T Y
OF
CLEARWATER
POST OFFICE BOX 4748
C LEA R W ATE R, F LOR IDA 3 35 1 8
OFFICE OF
HARBORMASTER
September 26, 1984
Mr, & Mrs. Alfred Gregory
249 Bayside Drive
Clearwater, FL 33515
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Dear Mr. & Mrs. Gregory:
:~.Tr:Y CLERK
On July 21, 1984, you requested a five-year renewal of your current
lease on the Marina Gift Shop.
Your request is being deferred pending city action on the mar~na
architectural study currently in process. Following city decisions
on recommendations of the study, your request will be reconsidered,
On September 20, 1984, the city commission authorized extension of
your current lease on a month-to-month basis pending resolution of
the architectural study,
Please continue with your enterprise and I will advise you of any
additional actions you may need to take,
Sincerely,
,?'J 4- ~
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2) ~--14..-c-
B, R, Burchfj~ld
Harbormaster~
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Enclosure: Commission Agenda Item
cc: Thomas A, Bustin, City Attorney
Elizabeth S, Haeseker, Assistant City Manager
Lucille Williams, City Clerk
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PREPARED FOR:
POLICY NUMBER BO 772 44 12
M. Alfred Gregory d/b/a Marina Gift Souven:
75 Causeway Boulevard Rooms 5 & 9
Clearwater, Florida
3/14/84 To: 3/14/85
Burke-Lehman Insurance, Inc.
09-162
Clearwater Florida 33515
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BUSINESSOWNERS POLICY
A MULTIPLE LINE
CAPITAL STOCK COMPANY
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M~'( 11 1984 )
l\ARBORt.\AS1E.RS (}tHCE.
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o BUSINESSOWNERS STANDARD POLICY
Ga BUS,INESSOWNERS SP~CIArIPOLlCY
This Declarations Page with "Policy Provisions" completes the below numbered policy
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I RENEWAL OR REPLACEIVIENT NO.
/
New
Item DECLARATIONS POLICY NUMBER 80 772 44 12
1. ~at.neJ'~nsureJ M. Alfred Gregory d/b/a Marina Gift Souveniers
75 Causeway Boulevard Rooms 5& 9
Mailing Address Clearwater, Florida
(Number, Street, City or Town, County, State & Zip No.1
2. Policy Period: ~:~~~~~~: :~ ~~:~:~)~all :~2f ftAlldo;r't'i~I~~d~: 1~~~:edl~l~tlfdA ~~~; From: 3/14/84 To: 3114185
REPRESENTATIVE: Agent or Broker Burke-Lehman Insurance, Inc.
Office Address 09-162
Town and State Clearwater. Florida 33515 /J
~sk>c This iSC te and ,T/!AY
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INSURANCE COMPANY ~~IIL1C. Slat of Florida' At !.arg"
SYRACUSE HEW YORK 1 :] 2 0 I a.. u ,,__:_~_ A __II "..... ""0"
3. The Named Insured is: rn Individual o Partnershlp- o CorporatIon
o Other (Specify)
4, Mortgagee's Name and Address None
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5. Business of the Named Insured Gift Shop
6. In Consideration of the premium Insurance is provided the named insured with respect to those premises described in the Schedula bellJ,w and with
respect to those coverages and kinds of property for which a specific limit of liability is shown, subject to all of the terms of this policy including
forms and endorsements made a part hereof:
SCHEDULE-SECTION I-BUILDING, BUSINESS PERSONAL PROPERTY, LOSS OF INCOME, tt MONEY & SECURITIES
I Described Premises Limits of Liability
Cov. A-Building(s) Replacement Cost 0 ACV 0 $
Location of Premises: Same $
, $
Cov. B-Business $ 35,000
Personal Property $
Personal Property $
Automatic Increase in Insurance. CoverageA-Building(sl shall be automatically increased by 2% or %,
whichever is greater at the end of each period of three months after the inception date of the policy.
Cov. C-Loss of Income Actual Loss Sustained, Not exceeding 12 Consecutive Months.
Cov. D-Money and Securities "NOT APPLICABLE FOR On Premises- $10,000
STANDARD POLICY" Off Premises- $ 2,000
SCHEDULE-SECTICH II COMPREHENSIVE BUSINESS LIABILITY COVERAGE
Limits of Liability
COy. E-Business liabilit~ an aggre-I $ 300,000 each
The limit of liability with respect to the completed operations and products hazards combined is occurrence
gate limit for all occurrences during the policy period.
Fire Legal liabilit~ " $50,000 each occurrence
Cov. F-Medical Payments $1,000 each person
$10,000 each accident
7. Optional Coverages: The following optional coverages are afforded under this policy only when designated by an "X" in the box(es) shown below.
Limits af Liability
Employee Dishonesty $5,000 each occurrence
Exterior Signs $
Exterior Grade Floor Glass Included under Coverage A or Coverage B
Additional Insured X Other (Describe) $ see form 0402
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8. Policy forms and endorsements BUOO02(5/76),BUOOO3t5/81),BU0134110/83),BU0122 11/75) ,
attached at inception, if any: Bu02or1'1lI7S) IL0002l1l77) BU0404t8/79) .BU040t 8/76).50277(6/81)
9. Annual Premium for the !xi Standard Policy $
X Speci~liRv and Optional C~ges 1) $", 529.00
tt NOT APPLICABLE FOR STANDARO POLICY. )#t-~el I( ~~L,-
Countersigned By , Authorized Agent
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Form No. 80700-1D Rev. 8/82
SINKHOLE COVERAGE ENDORSEMENT
The. fOllo~inglpecial Provisions are added to this poley:
Perils Insured Against
Sinkhole Collapse, meaning actual physical damage ansmg out of, or
caused by sudden settlement or collapse of the earth supporting such
property and only when such settlement or collapse results from
subterranean voids created by the action of water on limestone or
similar rock formations.
Exclusions
The following exclusion is deleted:
"Earth movement including, but not limited to earthquake, landslide,
mudflow, earth sinking, earth rising or shifting," and
the following exclusion substituted
"Earth movement (other than earth sinking) to buildings and/or personal
property, Direct loss by fire, expolsion, theft or breakage of glass or
safety glazing materials resulting from earth movement is covered.
50277 6/81
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BU 04 04
(Ed. 08 79)
BUSINESSOWNERS
SAFETY GLAZING
MATERIAL
ENDORSEMENT
In consideration OT the premium charged, in the event of loss to Exterior Grade Floor Glass
as covered under Section 1- Optional Coverages of 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,
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This endorsement must be attached to the Businessowners Policy Change Endorsement when issued after the
Policy is written,
BU 04 04 (Ed. 08 79)
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IL 00 02
(Ed. 01 77)
EFFECTIVE TIME ENDORSEMENT
The time of inception and the time of expiration of this policy and of any schedule or endorsement attached shall be 12:01 a.m. standard time,
To the extent that coverage in this policy replaces coverage in other policies terminating noon standard time on the inception date of this policy,
coverage under this policy shall not become effective until such other coverage has terminated.
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Il 00 02 (Ed. 01 77)
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BU 02 01
(Ed. 11 75)
BUSINESSOWNERS
FLORIDA
AMENDATORY
CANCELLATION
ENDORSEMENT
BU 02 01 (Ed. 11 75)
GENERAL CONDITIONS-2-Cancellation by the named insured: The Cancellation
Condition of this policy is amended as follows:
2. If the named insured cancels. the return premium due the insured shall be
calculated on a pro rata basis in accordance with the following procedure:
(a) The annual policy premium shall be reduced by a minimum earned
premium of 10%. and
(b) such resulting premium shall be multiplied by the unearned pro rata
factor.
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BU 01 22
(Ed. 11 75)
BUSINESSOWNERS This form contains the provisions of the Standard Fire Policy. Whenever the con-
STANDARD FORM , ditions of. this form can be construed to perform a liberalization of conditions
f'IRE ,rOLlCY.:\ i r,"" found elsewhere. in Section I coverage rela'ting to insurance against loss or dam- ,
ENDORSEMENT,:: ," age by.firE!; lightning or ,.removal from premises endangered by fire or lightning.
" '. .' the terms and conditions of the Standard Fire Policy shall apply. .
In Consideration or the Provisions and Stipulations Herein or Added Hereto and
of the Premium Specified In the Declarations (or specified in endorsement at-
", "'" .. tached,hereto)..tbisCom.Q~IIY fQuhei~rm specified in the Declarations from in-
:'"f.'! fio>"";'.i~~"~ "Pl"''!,~ cepflolf dat4t ~liN6d"~f.{ridard Time-T1O'-eXpI,atlon -date (At Noon 'Sfa"nc:tard Time)
at location of property involved. to an amount not exceeding the limit of liability
specified in the Declarations. does insure the Insured named in the Declarations
and legal representatives. to the extent of the replacement cost value of the
property at the time of loss. without allowance for any increased cost of repair
or reconstruction by reason of any ordinance or law regulating construction or
repair. nor in any event for more than the interest of the insured. against all
DIRECT LOSS BY FIRE. LIGHTNING AND OTHER PERILS INSURED AGAINST IN
THIS POLICY INCLUDING REMOVAL FROM PREMISES ENDANGERED BY THE PERILS
INSURED AGAINST IN THIS POLICY. EXCEPT AS HEREINAFTER PROVIDED. to the
property described herein while located or contained as described in this policy,
or pro rata for five days at each proper place to which any of the property shall
necessarily be removed for preservation from the perils insured against in this
policy. but not elsewhere.
Assignment of this policy shall not be valid except with the written -consent of this
Company.
This policy is made and accepted subject to the foregoing provisions and stipula-
tions and those hereinafter stated. which are hereby made a part of this policy to-
gether with such other provisions. stipulations and agreements as may be added
hereto. as provided in this policy.
STATE EXCEPTIONS
NORTH CAROLlNA:The words "twelve months" in line 161 are changed to "three
years".
WISCONSIN: The word "DIRECT" is deleted from the phrase "against all 'DIRECT'
LOSS BY FIRE. LIGHTNING AND OTHER PERILS. . . ." in the insuring \.'l
agreement above.
BU 01 22 (Ed. 11 75)
Page 1 of 2
Concealment,
fraud.
Perils not
included.
added hereto.
Added provisions. The extent of the application of insurance
under this policy and of the contribution to
be made by this Company in case of loss, and any other pro-
vision or agreement not inconsistent with the provisions of this
policy, may be provided for in writing added hereto, but no pro.
vision may be waived except such as by the terms of this policy
is subject to change.
Waiver No permission affecting this insurance shall
provisions. exist, or waiver of any provision be valid,
unless granted herein or expressed in writing
added hereto, No provision, stipulation or forfeiture shall be
held to be waived by any requirement or proceeding on the part
of this Company relating to appraisal or to any eX3mination
provided for herein.
Cancellation This policy shall be cancelled at any time
of policy. at the request of the insured, in which case
this Company shall, upon demand and sur.
render of this policy, refund the excess of paid premium above
the customary short rates for the expired time. This pol.
icy may be cancelled at any time by this Company by giving
to the insured a five days' written notice of cancellation with
or without tender of the excess of paid premium above the pro
rata premium for the expired time, which excess, if not ten-
dered, shall be r~nded on demand, Notice of cancellation shall
state that said excess premium (if not tendered) will be re-
funded on demand,
Mortgagee
interests and
obligations.
If loss hereunder is made payable, in whole
or in part. to a designated mortgagee not
named herein as the insured, such interest in
this policy may be cancelled by giving to such
mortgagee a ten days' written notice of can-
cellation.
If the insured fails to render proof of loss such mortgagee, upon
notice, shall render proof of loss in the form herein specified
within sixty (60l days thereafter and shall be subject to the pro-
visions hereof relating to appraisal and time of payment and of
bringing suit. If this Company shall claim that no liability ex-
isted as to the mortgagor or owner, it shall, to the extent of pay-
ment of loss to the mortgagee, be subrogated to all the mort-
gagee's rights of recovery, but without impairing mortgagee's
right to sue; or it may payoff the mortgage debt and require
an assignment thereof and of the mortgage. Other provisions
au 01 22 (Ed. 11 75)
84 relating to the lterests and obligations of such mortgagee may
85 be added hereto by agreement in writing,
86 Pro rata liability. This Company shall not be liable for a greater
87 proportion of any loss than the amount
88 hereby insured shall bear to the whole insurance covering the
89 property against the peril involved, whether collectible or not.
90 Requirements in The insured shall give immediate written
91 case loss occurs. notice to this Company of any loss, protect-
92 the property from further damage, forthwith
93 separate the damaged and undamaged personal property, put
94 it in the best possible order, furnish a complete inventory of
95 the destroyed, damaged and undamaged property, showing in
96 detail quantities, costs, actual cash value and amount of loss
97 claimed; and within sixty days after the loss, unless such time
98 is extended in writing by this Company, the insured shall render
99 to this Company a proof of loss, signed and sworn to by the
100 insured, stating the knowledge and belief of the insured as to
101 the following: the time and origin of the loss, the interest of the
102 insured and of all others in the property, the actual cash value of
103 each item thereof and the amount of loss thereto, all encum-
104 brances thereon, all other contracts of insurance, whether valid
105 or not, covering any of said property, any changes in the title,
106 use, occupation, location, possession or exposures of said prop-
107 erty since the issuing of this policy, by whom and for what
108 purpose any building herein described and the several parts
109 thereof were occupied at the time of loss and whether or not it
110 then stood on leased ground, and shall furnish a copy of all the
111 descriptions and schedules in all policies and, if required, verified
112 plans and specifications of any building, fixtures or machinery
113 destrQYed Qcdamaged. The insured, as often as may be reason.
::-"114---a611 reqttired, shall exhibit to any person designated by this
115 Company all that remains of any property herein described, and
116 submit to examinations under oath by any person named by this
117 Company, and subscribe the same; and, as often as may be
118 reasonably required, shall produce for examination all books of
119 account, bills, invoices and other vouchers, or certified copies
120 thereof if originals be lost, at such reasonable time and place as
121 may be designated by this Company or its representative, and
122 shall permit extracts and copies thereof to be made.
123 Appraisal. In case the insured and this Company shall
124 fail to agree as to. the actual cash value or
125 the amount of loss, then, on the written demand of either, each
126 shall select a competent and disinterested appraiser and notify
127 the other of the appraiser selected within twenty days of such
128 demand. The appraisers shall first sebct a competent and dis-
129 interested umpire; and failing for fifteen days to agree upon
130 such umpire, then, on request of the insured or this Company,
131 such umpire shall be selected by a judge of a court of record in
132 the state in which the property covered is located, The ap-
133 praisers shall then appraise the loss, stating separately actual
134 cash value and loss to each item; and, failing to agree, shall
135 submit their differences, only, to the umpire. An award in writ-
136 ing, so itemized, of any two when filed with this Company shall
137 determine the amount of actual cash value and loss. Each
138 appraiser shall be paid by the party selecting him and the ex-
139 penses of appraisal and umpire shall be paid by the parties
140 equally,
141 Company's
142 options,
143
144
145
146
147
148
149
150 When loss
151 payable.
152
153
154
155
156
157
158
159
160
161
162
163
164
165
It shall be optional with this Company to
take all, or any part, of the property at the
agreed or appraised value, and also to reo
pair. rebuild or replace the property destroyed or damaged with
other of like kind and quality within a reasonable time, on giv-
ing notice of its intention so to do within thirty days after the
receipt of the proof of loss herein required,
Abandonment. There can be no abando~ment to this Com-
pany of any property,
The amount of loss for which this Company
may be liable shall be payable sixty days
after proof of loss, as herein provided, is
received by this Company and ascertainment of the loss is made
either by agreement between the insured and this Company ex,
pressed in writing or by the filing with this Company of an
award as herein provided.
Suit. No suit or action on this policy for the recov-
ery of any claim shall be sustainable in any
court of law or equity unless all the requirements of this policy
shall have been complied with, and unless commenced within
twelve months next after inception of the loss.
Subrogation. This Company may require from the insured
an assignment of all right of recovery against
any party for loss to the extent that payment therefor is made
by this Company.
Page 2 of 2
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BU 01 34
-------------_n_________ _ _,,(~9.!Q__~~)
The following is added to COVERAGE B BUSINESS PERSONAL PROPERTY. Page 2
of 23 in the SPECIAL BUSINESSOWNERS POLICY:
DAMAGE TO BUILDINGS FROM THEFT. BURGLARY or ROBBERY:
This pOlicy also covers loss (except by fire or explosion) to
(1) that part of the building and
(2) equipment pertaining to the service of the building in that part of the building
occupied by the insured and containing property covered directly resulting from
theft. burglary or robbery (including attempted theft. burglary or robbery) provided
the insured is liable for such damage.
In no event shall this coverage apply:
(1) to glass (other than glass building blocks) or to any lettering or ornamenta-
tion.
(2) to building property or equipment removedfrom the premises,
The following paragraph is added to COVERAGE C LOSS OF INCOME. Page 2 of 23:
MEDIA FOR ELECTRONIC DATA PROCESSING:
The Company shall only be liable for loss of Income resulting from destruction of
media for. or programming records pertaining to. electronic data processing or
electronically controlled equipment, including data contained on such records
_ for not exceeding: . .. . ,
"(1) , 30 consecutive calendar days: or
(2) the length of time that would be required to rebuild. repair or replace such
other property deSCrIbed as has been damaged or destroyed:
whichever IS the greater length of time.
PROPERTY SUBJECT TO LIMITATIONS, Page 3 of 23 In the SPECIAL BUSINESS-
OWNERS POLICY IS amended as follows
Revise the beginning of the second sentence to read
Except for loss caused by ,
(al fire, lightning. windstorm, hail. explOSion. smoke, aircraft. vehicles, riot.
Civil commotion. and leakage or accidental discharge from automatic fire
protective systems: and
(bl vandalism or malicious mischief With respect only to Items 2, 3 and 4 below:
(Applicable In all states except Maine. Michigan, New Hampshire. New MeXICO.
North Carolina and Virginia).
Condition "4. TIME OF INCEPTION," Page 16 of 23 of the GENERAL CONDITIONS
IS replaced by the follOWing
The time of inception and the time of expiration of thiS poliCY and of any schedule
or endorsement attached shall be 1201 A.M Standard Time,
To the extent that coverage In thiS poliCY replaces coverage In other poliCies
terminating noon standard time on the inception date of thiS POliCY, coverage
under thiS poliCY shall not become effective until such other coverage has termi-
nated.
Condition "7, SUBROGATION," Pages 16 and 17 ot 23 of the GENERAL CONDI-
TIONS is deleted and replaced by the fo~owing
7, SUBROGATION,
(a) In the event of any payment under thiS POliCY, the Company shall be subrogated
to all Insured's nghts 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,
BUSINESSOWNERS
AMENDATORY
ENDORSEMENT
BU 0134 (Ed. 1083)
II.
III.
IV.
V.
Copyright. Insurance Services Office, Inc.. 1983
Page 1 of 3
au 0134 (Ed. 10-83)
4) This insurance shall not be invalidated shLld th~ named insured wai~e in writ-
ing prior to a loss any or all right of recovery against any 'party for loss occurr~ng
to the property described,
(c) The insured shall do nothing after loss to prejudice the Company's rights of
subrogation.
VI. The following exclusion is added to SECTION I-PERILS AND EXCLUSIONS. Page 5
of 23:
caused by volcanic eruption unless direct loss by fire or breakage of glass or safety
glazing material ensues. In this evenUhis Company shall be liable for only the direct
loss tothe property insured caused by theensuing fire 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.
VII. EXTERIOR GRADE FLOOR GLASS. 'Page 6 of 23 in the SPECIAL BUSINESS-
OWNERS POLICY is amended as follows:
Replace the second paragraph with the following:
The following do not apply to this optional coverage:
1. Under SECTION I-PROPERTY COVERAGE. the PROPERTY SUBJECT TO
LIMITATIONS provision and. .
2. The PERILSAND EXCLUSIONS provisions contained in this policy. except
the Section I-War Risk. Governmental Action and Nuclear Exclusions.
VIII. The SPECIAL BUSINESSOWNERS POLICY is amended as follows:
A, The following additional coverage IS added to SECTION I-PROPERTY COVER-
AGES:
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: vehicles: riot:
CIVil commotion: vandalism or maliCIOUS mischief, breakage of glass: falling
obJects: weight of snow, Ice or sleet: water damage: all only as Insured
against In thiS policy:
b, hidden decay:
c, hidden Insect or vermin damage:
d. weight of people or personal property:
e, weight of rain which collects on a roof:
f, use of defective materials or methods In construction, remodeling or reno.
vatlon If the collapse occurs dUring the course of the construction, remodel-
Ing or renovat lon,
ThiS Company shall not be liable for loss to the follOWing types of property, if
otherwise covered in thiS POliCY, under Items b . c d 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, wha'ves and docks: beach or diVing platforms or appur-
tenances: retaining walls: walks, roadways and other paved surfaces.
Collapse does not Include settling, cracking, shrinkage, bUloglng or expansion,
This Additional Coverage does not increase the amount(s) of insurance provided
in thiS POliCY,
8, SECTION I-PERILS AND EXCLUSIONS
1, PERILS INSURED IS deleted and replaced by the following:
ThiS poliCY insures against risk of direct physical loss unless the loss is
excluded in Exclusions below, subject to all the provisions contained
herein.
Copyright. Insurance Services Office. Inc.. 1983
Page 2 of 3
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The following is added to the EXCLUSIOls section:
This policy does not insure under Section I for loss caused directly or indi-
rectly by any of the following exclusions in this policy, Such loss is excluded
regardless of any other cause or event contributing concurrently or in any
sequence to the loss.
a. Ordinance or law:
b. Power. heating or cooling failure:
c, Earth movement:
d. Volcanic eruption;
e. Flood, surface water. waves, tidal water or tidal wave, overflow of
streams or other bodies of water, or spray;
f. Water which backs up through sewers or drains:
g. Water below the surface of the ground;
h. 'War Risk and Governmental Action;
i. Nuclear Clause and Nuclear Exclusion.
3. The following exclusions are added to the EXCLUSIONS section:
a. The Company shall not be liable for loss caused by collapse, except as
provided in the Collapse Additional Coverage. If a peril not otherwise
excluded ensues on the described premises. this Company will pay only
for loss caused by the ensuing peril.
b. The Company shall not be liable for loss caused by any of the following.
However. any ensuingloss-noTextluded or excepted in this policy is
covered.
(1) Weather conditions, However, this exclusion only applies if weather
conditions contribute in any way with any of the following exclusions
in thiS poliCY relating to:
(a) Ordinance or law:
(b) Power. heating or cooling failure;
(C) Earth movement:
(d) Volcanic eruption:
(e) Flood. surface water, waves. tidal water or tidal wave, overflow
of streams or other bodies of water. or spray;
(1) Water which backs up through sewers or drains;
(g) Water below the surface of the ground;
(h) War Risk and Governmental Action;
(I) Nuclear Clause and Nuclear Exclusion;
(2) Acts or decisions. including the failure to act or decide. of any per-
son. group, organization or governmental body;
(3) Faulty, Inadequate or defective
(a) planning, zoning. development surveYing slflng:
(b) deSign speCifications workmanship repair, construction, ren
ovat lon, remodeling, grading, com pact Ion.
(C) materials used InrepiW construction. renovation or remodel
Ing or
\dl maintenance:
of part or all of any property whether on or off the described prem
Ises.
4 ExclUSion "6(dl faulty deSign materials or workmanship" IS deleted
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This endorsement must be attached to the Businessowners Policy Change Endorsement when issued after the
policy is written.
BU 0134 (Ed, 10-83)
Copyright. Insurance Services Office, Inc., 1983
Page 3 of 3
(Q)~
BUSINESSOWNERS
NON-OWNED
SNOWMOBILE
ENDORSEMENT
BU 0003 (Ed. 05 81)
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BU 00 03
(Ed. 0581)
Under Coverage E-Business Liability Exclusions. Exclusion 2 (b) is replaced by:
(b) 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.
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(Ed. 05 76)
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TABLE OF CONTENTS
SPECIAL ("
BUSI NESSOWNERS
POLICY
Coverage A-Buildings
Coverage B-Business Personal Property
Coverage C-Loss of Income
Coverage D-Money and S.ecurities
Page
1
1
1
2
2
SECTION I: PROPERTY COVERAGES
SECTION I: PERILS AND EXCLUSIONS
3
SECTION I: OPTIONAL COVERAGES
Employee Dishonesty
Exterior Signs
Exterior Grade Floor Glass
Boiler. Pressure Vessels& Air Conditioning Equipment
5
5
6
6
6
SECTION I: DEDUCTIBLE
8
SECTION II: COMPREHENSIVE BUSINESS LIAQILITY
Coverage E-Business Liability
9
9
SECTION II: MEDICAL PAYMENTS
Coverage F-Medical Payments
12
12
SECTION I AND SECTION II: WAR RISK, GOVERNM~~TAL ~CTIQ~
AND NUCLEAR EXCLUSIONS ' ' ".., ,
13
GENERAL CONDITIONS
15
CONDITIONS APPLICABLE TO SECTlqN
18
CONDITIONS APPLICABLE TO SECTION II
21
SECTION II: DEFINITIONS
22
The Definition Section contains the definitions of the words printed in bold face in Section II of the policy.
The Definition Section is an integral part of the policy a[ld shall be applied as if the definitions appearing
were included each time the words they define are used in the policy.
~
(Ed, 05 76)
I--
I
--,
I SECTION I-PROPEITY COVERAGES
COVERAGE A
BUILDINGS
COVERAGE B
BUSINESS
PERSONAL
PROPERTY
)
au 0002 (Ed. 05 76)
This policy covers the replacement cost of the building(s) at the premises de-
scribed in the Declarations for which a limit of liability is shown, including, all
while on the premises, the following:
1. all garages, storage buildings and appurtenant structures usual to the oc-
cupancy of the insured;
2, fixtures. machinery and equipment constituting a permanent part of and
pertaining to the service of the building;
3. personal property of the insured used for the maintenance and service of
the building. including fire extinguishing apparatus, floor coverings, andappli-
ances for refrigerating, ventilating, cooking, dishwashing and laundering;
4. outdoor furniture and yard fixtures;
5. personal property owned by the insured in apartments or rooms furnished
by the insured as landlord;
6. trees. shrubs' and plants at the described premises for not more than $250
on anyone tree,' shrub orplant, including expense incurred for removing all
debris thereof. however, the total liability of the Company shall not exceed
$1,000 in the aggregate for anyone loss.
DEBRIS REMOVAL: This policy covers. as an additional amount of insurance, ex-
penses incurred in the removal of .the debris of the property covered occasioned
by loss as insuredagainstJn thiS:pOlitY::~cL:"':_______:'~'-' ,-,
. , ' . d .. ~ . ~ - - ,~_ .
'AUTOMATIC INCREASE IN INSURANCE: The limit of liability shown in the Declara-
tions with respect to Coverage A-Buildings shall automatically be increased at
the end of each period of three months after inception date of this policy by the
percentage shown in the Declarations.
This policy covers replacement cost of the Business Personal Property owned by
the insured, usual to the occupancy of the insured, at the premises described in
the Declarations for which a limit of liability is shown, including:
1. similar property held by the insured and belonging in w~ole or in part to
others but not exceeding the amount for which the insured is legally liable, in-
cluding the value of labor, materiars, and charges furnished, performed or
incurred by the insured; and
2, tenant's improvements and betterments, meaning the insured's use interest
in fixtures, alterations. installations or additions comprising a part of the build-
ing occupied but not owned by the insured and made or acquired at the ex-
pense of the insured, exclusive of rent paid by the insured, but which are not
legally subject to removal by the insured;
while (1) in or on the building(s), or (2) in the open (including within vehicles) on
or within 100 feet of the described premises.
DEBRIS REMOVAL: This policy covers, as an additional amount of insurance, ex-
penses incurred in the removal of the debris of the property covered occasioned
by loss as insured against in this policy.
SEASONAL AUTOMATIC INCREASE: When a limit of liability is shown in the
Declarations for Coverage B-Business Personal Property. the limit of liability for
Coverage B is automatically increased by 25% to provide for seasonal variat\'ons.
However, this increase shall not apply unless the limit of liability shown in the
Declarations is 100% or more of the insured's average monthly values for the 12
months immediately preceding the date of loss, or in the event the insured has
been in business for less than 12 months, such shorter period of time.
PERSONAL PROPERTY OFF PREMISES: When a limit of liability is shown in the
Declarations for Coverage B-Business Personal Property, this policy also covers
the business personal property of the insured (excluding money and securities)
and similar property held by the insured and belonging in whole or in part to
others for not more than $1,000 for all losses arising out of anyone occurrence
while such property is in due course of transit, or otherwise temporarily away
from the described premises.
Page 1 of 23
COVERAGE C
LOSS OF
INCOME
COVERAGE D
MONEY AND
SECURITIES
Page 2 of 23
PIRSONAL PROPERTY AT NEWLY ACQUIREjl LOC4TIONS: When a limit of. liability
islhown in the Declarations for Coverage B~Buslness Personal Property, this policy
also covers the business personal property of the in-sured for not exceeding
$10.000 while at premises owned. leased or operated by the insured, other than
those described in the Declarations, but this coverage shall cease thirty (30) days
from the date of acquisition of such premises or on the date values at such loca-
tions are reported to the Company or on the expiration date of the policy, which-
ever occu rs fi rst.
This policy covers the actual business loss sustained by the insured and the ex-
penses necessarily incurred to resume normal business operations resulting from
the interruption of business or the untenantability of the premises when the
building or the personal property is damaged as a direct result of an insured peril.
The actual business loss sustained by the insured shall not exceed:
1. the reduction in gross earnings. less charges and expenses which do not
necessarily continue during the interruption of business; and
2. the reduction in, rents, less charges and expenses which do not necessarily
continue during the period of untenantability.
The actual business,loss sustained shall not include charges and expenses which
do not necessarily continue during the interruption of business or during the un-
tepantability of the premises.
Loss of income shall be payable for only such length of time as would be required
to resu me normal business operations but not exceeding such length of time as
would be required to rebuild. repair or replace such part of the building or personal
property as has been damaged or destroyed as a direct result of an insured peril.
Such loss shall not exceed twelve consecutive months from the date of loss and
shall not be limited by the expiration date of this policy. The insured is required
to resume normal business operations as promptly as possible and shall use all
available means to eliminate any unnecessary delay.
The term "normal business operations" of the insured means the condition that
would have existed had no loss occurred.
RESUMPTION OF OPERATIONS: It is a condition of this insurance that if the
insured could reduce the loss resulting from the interruptio'n of business:
1. by complete or partial resumption of operation of the property herein de-
scribed, whether damaged or not; or
2. by making use of merchandise or other property at the locations described
herein or elsewhere; or
3. by making use of stock at the locations described herein or elsewhere;
such reduction shall be taken into account in arriving at the amount of loss here-
under.
LIMITATIONS: The Company shall not be liable for any increase of loss which may
be occasioned by:
1. interference at the described premises by strikers or other persons with
rebuilding, repairing or replacing the property or with the resumption or con-
tinuation of. business; or
2. the suspension, lapse or cancellation of. any lease. license, contract or order
unless suc~ suspension, lapse or cancellation results directly from the inter-
ruption of. business. and then the Company shall be liable for only such loss as
affects the insured's earnings during, and limited to. the period of indemnity
covered under this policy,
This policy covers money and securities used in the conduct of the insured's
business for an amount not exceeding the limits of liability shown in the Declara-
tions as follows:
1. On Premises: While in or on the premises described in the Declarations, or
within a bank or savings institution; and
2. Off Premises: While enroute to or from such described premises. bank or
savings institution, or within the living quarters of the custodian of such funds.
(Ed, OS 76)
PROPERTY
NOT
COVERED
PROPERTY
SUBJECT TO
LIMITATIONS
, ~, -t
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PERilS
INSURED
EXCLUSIONS
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(Ed, 05 76)
T~e in,su.wd shall keep records of all the ins,ured pt'perty in,such manner that the
Compan}j:an accurately determine therefrom the aJ'lount of loss,
The limit of the Company's liability for loss shall not exceed the applicable limit of
liability stated in the Declarations. nor
1, what it would cost at the time of loss to replace the property with other of
like kind and quality. or
2. the actual cash value thereof at the time of loss.
provided. however. at the option of the insured. payment of the cost of replacing
securities may be determined by the market value at the time of such settlement.
This policy does not cover:
1. exterior signs unless insured under Optional Coverages;
2. growing crops and lawns:
3. aircraft. automobiles. motortrucks and other vehicles subject to motor ve-
hicle registration. or watercraft (including motors. equipment and accesso-
ries) while afloat.
The following property is subject to the limitations described below:
1. valuable papers and records meaning books of account. manuscripts. ab-
stracts. drawings. card index systems and other records (except film. tape.
disc. drum. celt and other magnetic recording or storage media for elec-
tronic data processing) are covered for not exceeding the cost of blank
books. cards or otherblank material plus the cost of labor incurred by the
.' . insured fortran!iC);bingoftopying-s'uch records: and...... 1"'",; " ~ ".;, "
2. film. tape. disc. drum. cell and other magnetic recording or storage media
for electronic data processing are covered for not exceeding the cost of such
media in unexposed or blank form.
Except for loss caused by fire. lightning. windstorm. hail. explosion. smoke. air-
craft. vehicles. riot. civil commotion and leakage or accidental discharge from
automatic fire protective systems:
1. glass constituting a part of the building is not covered against loss for more
than $50 per plate. pane. multiple plate insulating unit. radiant heating panel.
jalousie. louver or shutter. nor for m<.>re than $250 in anyone occurrence;
2. glass. glassware. statuary. marbles. bric-a-brac. porcelains and other articles
of a fragile or brittle nature are not covered against loss by breakage. This
limitation shall not apply to bottles or similar containers of property for sale.
or sold but not delivered. nor to lenses of photographic or scientific instru-
ments;
3. fur and fur garments are covered for not exceeding loss in the aggregate of
$1.000 in anyone occurrence: and
4. jewelry and watches. watch movements, jewels. pearls. precious and semi-
precious stones. bullion, gold. silver. platinum and other precious alloys or
metals are covered for not exceeding loss in the aggregate of $1.000 in any
one occurrence. This limitation shall not apply to jewelry and watches valued
at $25 or less per item,
'1
I
!
SECTION I-PERILS AND EXCLUS~NS
This policy insures against all risks of direct physical loss, subject to all the pro-
visions contained herein.
The Company shall not be liable for loss:
1. occasioned directly or indirectly by enforcement of any ordinance or law
regulating the construction. repair or demolition of buildings or structures;
2. caused by or resulting from power. heating or cooling failure or due to change
in temperature or hur,nidity unless the change results from physical damage
to the building or to equipment contained therein caused by a peril not other-
wise excluded; also. the Company shall not be liable for any such loss resulting
from riot. riot attending a strike. civil commotion. or vandalism or malicious
mischief;
Page 3 of 23
,',
Page 4 of 23
--,
3,~r caused by any electrical injury ~r l~turba~ce of electrical appliances,
devices, fixtures or wiring caused by electrical currents artificially generated
unless fire as insured against ensues and then this Company shall be iiable
for only loss caused by the ensuing fire;
4. caused by pilferage, appropriation or concealment of any property covered
or any fraudulent. dishonest or criminal act done by or at the instigation of
any insured, partner or joint venture. including any officer, director. trustee.
employee or agent thereof. or any person to whom the property covered may
be entrusted;
5. caused by leakage or overflow from plumbing. heating. air conditioning or
other equipment or appliances (except fire protective systems) caused by
or resulting from freezing while the described building is vacant or unoccu-
pied. unless the insured shall have exercised due diligence with respect to
maintaining heat in the buildings or unless such equipment and appliances
had been drained and the water supply shut off during such vacancy or un-
occupancy;
6. caused by;
(a) wear and tear, marring or scratching;
(b) deterioration. inherent vice, latent defect;
(c) mechanical breakdown of machines. including rupture or bursting
caused by centrifugal force:
(d) faulty design. materials or workmanship;
(e) rust. mold, wet or dry rot, contamination;
(f) dampness or dryness of atmosphere, changes in or extremes of tem-
peratu rei
(g) smog. smoke from agricultural smudging or industrial operations;
(h) birds. vermin, rodents, insects or animals;
unless loss by fire, smoke (other than smoke from agricultural smudging or
industrial operations). explosion. collapse of a building. glass breakage or
water not otherwise excluded ensues. then this policy shall cover only such
ensuing loss.
If loss by water not otherwise excluded ensues, this policy shall also cover
the cost of tearing out and replacing of any part of the building covered re-
quired to effect repairs to the plumbing. heating or air conditioning system
or domestic appliance but excluding loss to the system or appliance from
which the water escapes;
7. due to any and all settling. shrinking. cracking. bulging or expansion of drive-
ways. sidewalks. swimming pools. pavements. foundations. walls. floors,
roofs or ceilings;
8. caused by explosion of steam boilers. steam pipes. steam turbines or steam
engines (except direct loss resulting from the explosion of accumulated
gases or unconsumed fuel within the firebox, or combustion chamber of any
fired vessel or within the flues or passages which conduct the gases of com-
bustion therefrom) if owned by. leased by or operated under the control of
the insured. or for any ensuing loss except by fire or explosion not otherwise
excluded, and then the Company shall be liable for only such ensuing loss:
9. ~!o steam boilers. steam pipes. steam turbines or steam engines caused by
any condition or occurrence within such boilers. pipes. turbines or engines
(except direct loss resulting from the explosion of accumulated gases or un-
consumed fuel within the firebox. or combustion chamber of any fired vessel
or within the flues or passages which conduct the gases of combustion there-
from):
10. to hot water boilers or other equipment for heating water caused by any con-
dition or occurrence within such boilers or equipment. other than an ex-
plosion;
11. to property in the open caused by rain, snow. ice or sleet;
12. caused by. resulting from, contributed to, or aggravated by any of the fol-
lowing:
"
(Ed. 05 76)
1f
(a) !earth movement, including but not lirrlted to earthquake, landslide,
~udflow. earth sinking; earth rising or shifling;
(b) flood, surface water, waves. tidal water or tidal waves, overflow of
streams or other bodies of water, or spray from any of the foregoing. all
whether driven by wind or not;
(c) water which backs up through sewers or drains;
(d) water below the surface of the ground including that which exerts pres-
sure on or flows. seeps or leaks through sidewalks, driveways, founda-
tions. walls, basement or other floors. or through doors, windows or any
other openings in such sidewalks. driveways, foundations, walls or floors;
unless fire or explosion as insured against ensues, and then this Company
shall be liable for only loss caused by the ensuing fire or explosion; but these
exclusions shall notapply to loss arising from theft;
13. due to voluntary parting with title or possession of any property by the in-
sured or others if induced to do so by any fraudulent scheme or false pretense;
14. due to unexplained or mysterious disappearance of property, or shortage
of property disclosed on taking inventory;
,~ . ....,'..-.,.,. -. "".".' . .. ~. ~~ -", "'.. ... ~.
15. due to delay or loss of market;"',
16. to property sold by the insured under conditional sale, trust agreement,
installment payment or other deferred payment plan. after delivery to
customers.
.~.;;....,:~ ~,.-~"t'rr', ..... 1'1,;:", .~~._-" .
'SECTION . r~:'='-OPTIO-NAL COVERAGES
EMPLOYEE
DISHONESTY
1
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(Ed, 05 76)
The following Optional Coverages are subject to all the terms and conditions ap-
plicable to Section I of this policy, except as otherwise provided for herein.
When coverage is designated in the Declarations for Employee Dishonesty, this
policy provides coverage for loss of money and other business personal property
by dishonest or fraudulent acts of the named insured's employees for an amount
not exceeding the limit of liability shown in the Declarations and subject to the
following conditions:
1. the limit of the Company's liability for loss shall not exceed the replacement
cost thereof at the time of loss. provided. however. at the option of the insured.
payment of the cost of replacing securities may be determined by the market
value at the time of such settlement;
2. this policy shall not apply to loss due to any dishonest or fraudulent act by
the insured or by any partner, joint venture. officer. director or trustee, wheth-
er acting alone or in collusion with others;
3. insurance hereunder shall be deemed cancelled as to any employee Im-
mediately upon discovery by the insured. or any partner or officer. of any
fraudulent or dishonest act of such employee;
4. dishonest or fraudulent acts or a series of similar or related acts of any em-
ployee acting alone or in collusion with others during the policy period shall
be deemed to be one occurrence for the purpose of applying the deductible
tl and the limit of liability;
5. loss is covered only if discovered not later than one year from the end of the
policy period. and then thiS insurance shall apply only to loss sustained dur-
ing the policy period;
6. if more than one insured is covered under this policy. the liability of the Com-
pany shall not exceed the amount for which the Company would be liable if
there was only one insured:
7. regardless of the number of years this policy shall continue in force, the limit
of liability shown in the Declarations shall not be cumulative from year to year.
Loss Under Prior Bond or Policy: The Company agrees that this optional coverage
applies to loss which would have been recoverable by the insured or by any
predecessor in the interest of the insured under a prior bond or policy, except for
the fact that the time within which to discover loss thereunder had expired;
provided:
Page 5 of 23
EXTERIOR
SIGNS
EXTERIOR
, GRADE FLOOR
GLASS
BOILER, PRESSURE
VESSELS & AIR
CONDITIONING
EQUIPMENT
Page 6 of 23
r. colerage under this optional coverage is S)bstituted for the prior bond or
insurance policy at the time the prior bond r insurance policy is terminated.
cancelled or allowed to expire:
2. the insurance under this condition shall not increase the limit of liability
under Employee Dishonesty coverage;
3. such loss would have been covered under this optional coverage had this
coverage subject to all its conditions and limitations at the time of such
substitution. been in force when the acts or events causing such loss occurred:
and
4. recovery under this optional coverage shall not exceed the smaller of the
following:
(a) the amount which would have been recoverable under such prior bond
or insurance policy had such prior bond or policy continued in force until
the discovery of such loss; or
(b) the amount which would have been recoverable under this optional
coverage had this coverage been in force when such acts or events were
committed.
When coverage is designated in the Declarations for Exterior Signs. coverage is
provided for an. amount not exceeding the limits of liability shown in the Declara-
tions for ,loss to all exterior signs which are the property of the insured or the
property of others in the care. custody or control of the insured. on the premises
described in the Declarations for -direct-physic-;d Joss excluding wear and tear,
latent defect. corrosion or rust. or mechamcaTbreakdown.
The PERILS AND EXCLUSIONS provisions contained in this policy. except the Sec-
tion I-War Risk. Governmental Action and Nuclear Exclusions, do not apply to
this optional coverage.
When coverage IS designated in the Declarations for Exterior Grade Floor Glass.
this policy shall apply to all exterior grade floor and basement glass. including
encasing frames and all lettering or ornamentation thereon. which are the prop-
erty of the insured or the property of others in the care, custody or control of
the insured in the buil,di.ng described in the Declarations. for direct physical loss
excluding wear and tear. latent defect. corrosion or rust. Such insurance shall
also include the expense of boarding up damaged openings. installing temporary
plates and removing or replacing obstructions when necessary.
The PERILS AND EXCLUSIONS provisions contained in this policy. except the Sec-
tion I-War Risk. Governmental Action and Nuclear Exclusions. do not apply to
this optional coverage.
When coverage is designated in the Declarations for Boiler. Pressure Vessels and
Air Conditioning Equipment. this policy provides coverage for loss from an Acci-
dent to an Object. as defined herein which is owned by. leased by, or operated
under the control of the insured.
Boiler and Pressure Vessels-Object shall mean:
1. any steam heating or hot water heating boiler:
2. any condensate return tank used in connection with a steam heating boiler:
3. any expansion tank used in connection with a hot water heating boiler:
4. any hot water heater: \'l
5. any other fired or unfired vessel used for maintenance or service of the prem-
ises where they are located and not used in processing or manufacturing;
6, any piping used in connection with a steam heating boiler which contains
steam or condensate thereof. with valves. fittings. traps and separators there-
on:and
7. any feedwater piping between any steam heating boiler and its feed pump or
injector.
Air Conditioning Equipment-Object shall mean:
1. any "air conditioning unit" which has a capacity of at least 60,000 Btu/hr and not
more than 600,000 Btu/hr, including;
2. all interconnected vessels. coils and piping which contain refrigerant. or
within which refrigerant is circulated. together with valves and fittings on
such vessels. coils and piping;
(Ed. 05 76)
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(Ed. 05 76)
3, anYt~eSsel, heated directly or indirectly, whi,h functions as a generator, re-
gen rator or concentrator and which forms afart of an absorption type unit:
4. all ompressors. pumps, fans and blowers used solely with such unit, to-
gether with their driving electric motors:
5. all control equipment used solely with the unit, excluding any wiring or piping
leading to or from the unit: and
6. all vessels, radiators, inductors, convectors and coils, together with valves
and fittings thereon, which are connected to or used with the unit and within
which steam, water, brine or other solution is circulated for cooling, humidi-
fying or space heating: and all piping containing water. brine or other solution
interconnecting such vessels, radiators, inductors, convectors and coils, to-
gether with valves and fittings on such piping, but excluding any vessel, cool-
ing tower, reservoir or other source of supply of cooling water for any con-
denser or compressor, together with any water piping leading to or from such
source of supply. "
Accident shall mean a sudden and accidental breakdown of the Object covered,
which manifests itself at the time of the breakdown by physical damage to the
~b.iec~5o~(!..!'~d",~,hIEh iJec~s~iJ~tes ~el?air.O~..r~pla,c~m,ent of such Object.
. Accident shall not mean: : , " ' ,',..,", ':.~' , ".
l,-'-depletion, deteriorat'ion:"co'rroslon'or 'eros'fonoT"ii1iiteiTal ;'wea r and tear,
leakage at any valve, fitting, shaft seal. gland packing, joint or connection;
2. the breakdown of any vacuum tube, gas tube, brush, electronic computer,
electronic. ,da,ta . processing ,equiprp~l'1t, stru,<;:.t\Jre or foundation supporting
the property covered or any part thereof;':'';;,!"",,, <,t. ". c' ,. .
3. the functioning of any safety device or protective device: nor
4. the explosion of gas or unconsumed fuel within the furnace of any Object
or within the passages from the furnace of said Object to the atmosphere.
The Company shall not be liable for loss to:
1. any boiler, fired vessel or air conditioning equipment while said equipment
is undergoing hydrostatic, pneumatic or gas pressure test, or while said
equipment is undergoing an insulation breakdown test or is being dried out:
2. any boiler setting, any insulating or refractory material. any part of a boiler
or vessel which is not under vacuum or internal pressure other than static
pressure of contents (other than a. condensate return tank), any reciprocat-
ing. rotating or electrical apparatus within or forming a part of a boiler or
vessel, any piping not on the premises of the insured.
INSPECTION AND SUSPENSION
The Company shall be permitted but not obligated to inspect. at all reasonable
times, any insured Object. 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 war-
rant that such Object is safe or healthful.
Upon discovery of a dangerous condition with respect to any Object, any repre-
sentative of the Company may immediately suspend the insurance with respect
to an Accident to said Object by written notice mailed or delivered to the insured
at the mailing address shown in the Declarations, or at the location of the Object.
The insured shall be credited the unearned portion of the premium paid for such
suspended insurance. pro rata. for the period of suspensiof)>
Page 7 of 23
J'1
I
SEfTION I-DEDUCTIBLE
DEDUCTIBLE
This deductible clause does not apply to coverage as provided for Loss of Income.
L With the exception of loss by theft. the sum of $100 shall be deducted from
the amount of loss to property in anyone occurrence, This deductible shall
apply:
(a) separately to each building. including personal property therein;
(b) separately to personal property in each building if no coverage IS pro-
vided on the containing building;
(c) separately to personal property in the open (including within vehicles).
The aggregate amount of this deductible in anyone occurrence shall not
exceed $1,000.
Theft Deductible: With respect to loss by theft. the sum of $250 shall be de-
ducted fromeach theft loss insured hereunder.
2. When coverage is designated in the Declarations for Employee Dishonesty,
each loss under such coverage shall be adjusted separately and from the
amountof each such adjusted lossthe sum of $250 shall be deducted.
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Page 8 of 23
(Ed, 05 76)
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SECTION IIi-COMPREHENSIVE BlJISlNESS LIABILITY
The Company will pay on behalf of the insured all sums which the insured shall be-
come legally obligated to pay as damages because of bodily injury, property dam-
age or personal injury caused by an occurrence to which this insurance applies.
The total liability of the Company for all damages, including completed opera-
tions hazard, products hazard, and damages for care and loss of services. as a
result of anyone occurrence shall not exceed the limit of liability stated in the
Declarations as applicable to each occurrence.
As stated in the Declarations however. the limit of liability shown under Coverage
E-Business Liability is an aggregate limit for all occurrences during the policy
period with respect to the completed operations hazard and products hazard
combined.
FIRE LEGAL LIABILITY: The Company will also pay on behalf of the insured all sums
, which the Insured shall become legally obligated to pay for property damage to
structures rented to or occupied by the named insured, including fixtures per-
,. manently attached thereto, if such property damage arises out of fire orexplo-
-')'Sion.: The total liability of the Company' for all damages as a result of anyone
"" f,re or explosion. or'a series or" combination of such fires and explosions. shall
not exceed $50.000 for each occurrence,
The above limits shall apply regardless of the foilowing:
. ,
,-"" .' ""~~' b ~";.,~~~ ~,,~J,J;l[~~~r,p'~~J~!~,~~9r,~m~~nizations insured ~Jnder t~is P?li,CY; "
2. the numoer of persons or organttatTons who nave sustained Injury or damage;
3. ,the number of claims made or causes of action or suits brought because of in-
jury or damage.
For the purpose of determining the limit of the Company's liability, all bodily
injury and property damage arising out of a continuous or repeated exposure to
substantially the same general conditions shall be considered as arising out of
one occurrence.
COVERAGE E
BUSINESS
LIABILITY
RIGHT AND DUTY
TO DEFEND
The Company shall have the right and duty to defend any claim or suit against the
insured seeking damages payable under this policy. even though the allegations
of the suit may be groundless. false or fraudulent. The Company may make such
investigations and settlements of any claim or suit as it deems expedient. The
Company is not 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 pay-
ment of judgments or settlements.
The Company will pay. in addition to the applicable limit of liability:
1. all expenses incurred by the Company;
2. all cost taxed against the insured in any suit defended by the Company and
all interest on the entire amount of any judgment which accrues after entry
of the judgment and before the Company has paid or tendered or deposited
in court that part of the judgment which does not exceed the limit of the Com-
pany's liability;
3. premium on appeal bonds in any such suit:
4, premiums on bonds to release attachmGnts in any such suit for an amount
not in excess of the applicable limit of liability of this policy:
5. expenses incurred by the insured for first aid to others at the time of an
accident for bodily injury to which this policy applies: and
6. 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. in-
cluding actual loss of earnings not to exceed $50 per day.
Under Coverage E. this policy does not apply:
1. to bodily injury or property damage arising out of the ownership. mainte-
nance. operation. use. loading or unloading of:
(a) any automobile or aircraft owned or operated by or rented or loaned to
any Insured; or
(b) any other automobile or aircraft operated by any person in the course
of his employment by any insured,
SUPPLEMENT ARY
PAYMENTS'
BUSINESS
LIABILITY
EXCLUSIONS
(Ed. 05 76)
Page 9 of 23
'-
~
Page 10 of 23
-~-'.._-'-"----'''''''__~''r
J
This e,x elusion does not apply to ttJe parking of an automobile on premises
owned by, rented to or controlled bJ the named insured or the ways immedi-
ately adjoining. if such automobile is not owned by or rented or loaned to any
insured.
This exclusion does not apply to the use in the business of the named insured
of a non-owned private passenger automobile by any person, other than the
named insured, or the occasional and infrequent use of a non-owned commer-
cial automobile by an employee of the named insured in such business;
to bOdily injury or property damage arising out of:
(a) the ownership, maintenance, operation, use, loading or unloading of any
land motor vehicle (1) not subject to motor vehicle registration, or (2)
not designed for use principally off public roads 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
,(b) t~e ?peration or use of any snowmobile or trailer designed for use there-
'..L"" WIth., '
t~C1usion 2(a)does not apply to any land motor vehicle hot subject to motor
veh;cleregistration provided such vehicle is maintained for use exclusively
or\ premises ovmedby or rented to the named Insured including the ways
immediately adjoining; !,l' ';~"
to bodily injury or property damage arising out of the ownership, mainte-
nance, operation, use, loading or unloading of: _
(a) any watercraft owned or operated by ort-ented or ioaned to any insured;
or
(b) 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;
to liability assumed by the insured under any contract or agreement except
a contract as defined in this policy;
to bodily injury or property damage arising out C?f the discharge, dispersal.
release or escape of smoke, vapors, soot, fumes. acids, alkalis, toxic chem-
icals, liquids or gases, waste materials or other irritants. contaminants 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;
to any obligation of which the Insured or any carrier as his insurer may be
held liable under any workers' or workmen's compensation. unemployment
compensation or disability benefits law, or under any similar law;
to bodily injury or property damage for which the insured or his indemnitee
may be held liable:
(a) as a person or organization engaged in the business of manufacturing,
distributing. selling or serving alcoholic beverages; or
(b) if not so engaged. as an owner or lessor of premises used for such pur-
poses,
if such liability is imposed
(l) by. or because of the violation of any statute. ordinance or regula-
tion pertaining to the sale. gift. distribution or use of any alcoholic
beverage. or
(2) 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 (2) of this exclusion does not apply with respect to liability of the
insured or his indemnitee as an owner or lessor described in (b) above.
This entire exclusion does not apply to liability imposed on the insured as
the result of the giving or serving of alcoholic beverages at functions inci-
dental to the named insured's business, provided the named insured is not
engaged in the business of manufacturing, distributing, selling or serving of
'alcoholic beverages and provided further that there has been no intentional
violation of any statute, regulation, or ordinance committed by or at the
direction of the insured;
2.
3.
4.
5.
6.
7.
(Ed, 05 76)
es
di-
ny
ed
he
r-
ny
(2)
ny
ny
or
re-
or
ely
ys
te-
eel;
m-
ses
pt
sal,
m-
or
of
se
be
ent
itee
ng.
la-
ohc
age
ich
the
as
nCI-
not
of
nal
the
6)
(Ed, 05 76)
8,
tojK>>dily injury or property damage due t01re, nderi,ng of or failure to render
an. professional service. including but not linlted to;
, -
(a) legal. accounting, advertising. engineering. drafting, architectural. and
(b) medical, dental, pharmacological. cosmetic, hearing aid, optical. or ear
, piercing services;
but with respect to pharmacological services, this exclusion does not apply to any
insured doing business as a retail drugstore;
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 a contract;
with respect to insurance afforded to any employee of the named insured
other than an executive officer:
(a) to bodily injury to:
(1) another employee of the named insured arising out of and in the
~ourse of his employment;
(2) the named insured, or if the named insured is a partnership or joint
venture. any partner or member thereof;
(b) to property damage to property owned. occupied or used by, rented to,
in.the care. custody or con~rol of, or over which physical control is being
:exercised for any purpose by~ '
(1) another employee of the named insured;
(2) the named insured, or if the named insured is a partnership or joint
venture. any partner or member thereof;
to damage to property:
(a) owned or occupied by or rented to the insured, or. except with respect
to the use of elevators, to property held by the insured for sale or en-
trusted to the insured for storage or safekeeping; but this exclusion does
not apply to property damage to structures rented to or occupied by
the named insured, including fixtures permanently attached thereto,
if such property damage arises out of fire or explosion for whichcov-
erage is specifically granted for Fire Legal Liability-Coverage E;
(b) except with respect to liability under a written sidetrack agreement or
the use of elevators to:
(1) property while on premises owned by or rented to the insured for
the purpose of having operations performed on such property by
or on behalf of the insured;
(2) tools or equipment while being used by the insured in performing
his operations:
(3) property in the custody of the insured which is to be installed,
erected or used in construction by the insured;
(4) that "'particular part of any property, not on premises owned by or
rented to the insured:
(i) upon which operations are being performed by or on behalf
of the insured at the time of the property damage arising out
of such operations;
(ii) out of which any property damage arises; or
(iii) the restoration, repair or replacement of which has been made
or is necessary by reason of faulty workmanship thereon by
or on behalf of the insured;
(c) with respect to the completed operations hazard, to work performed by
the named insured arising out of the work or any portion thereof. or out
of materials, parts or equipment furnished in connection therewith;
9.
10.
11.
Page 11 of 23
....'.
-,-,._~.__:_-_.-._-~_._,_.~..." .'-~-'.
r
12.1 to property damage to premises alienal?d by 'the named insured' arising out
of such premises or any part thereof;
13, to property damage to the named insured's products arising out of such
products or any part of such products;
14. to loss of use of tangible property which has not been physically injured or
destroyed resulting from:
(a) a delay in or lack of performance byor on behalf of the named insured
of any contract or agreement; or
(b) 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 re-
sulting 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 oJwork have been put to use by any per-
son or organization other than an insured;
" . , ", ,'.
15. to d,3mages 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 for 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;
16. to personal injury arising out of the willful violation of a penal statute or
ordinance committed by or with knowledge or consent of any insured;
17. to personal injury arising out of any publication or utterance described in
Item (b) of the Definitions of personal injury:
(a) 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; or
(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.
SECTION II-MEDICAL PAYMENTS
COVERAGE F
MEDICAL
PAYMENTS
MEDICAL
PAYMENTS
EXCLUSIONS
Page 12 of 23
The Company will pay up to $1.000 for reasonable medical expenses incurred by
any person who requires medical services because of an accident arising out of
business operations with respect to which the named insured is afforded coverage
for bodily injury liability, except for liability arising out of use of a non-owned
automobile.
The medical expenses must be incurred within one year after the accident and
must result directly from the accident.
The Company will not pay more than $10,000 for all medical expenses incurred
by all persons requiring medical services in anyone accident.
As soon as practicable the injured person or someone on his behalf shall give to
the Company written proof of claim for medical expenses, under oath if required.
and shall after each request from the Company. execute authorization to en-
able the Company to obtain medical reports and copies of records. The injured
person shall submit to physical examinations by physicians selected by the Com-
pany when and as often as the Company may reasonably require.
The Company may pay the injured person or any person or organization ren-
dering the services and the payment shall reduce the <;lmount payable hereunder
for such injury. Payment hereunder shall not constitute an admission of liability of
any person or, except hereunder, of the Company.
Under Coverage F. this policy does not apply:
1. to bodily injury excluded under Coverage [-Business Liability;
(Ed, 05 76)
'E
.~
,'_~'i
I..;~
I ~
ut
2..
to todily injury to any person while engagld in maintenance and repair of
th~ insured premises or alteration. demolitlm or new construction at such
premises:
to bodily injury arising out of operations performed for the named insured
by independent contractors other than (a) maintenance and repair of the
insured premises. or (b) structural alterations at such premises which do
not involve changing the size of or moving buildings or other structures;
to bodily Injury 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
5. to bodily injury 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
ot such tenant if the bodily Injury occurs on the tenant's part of the insured
premises and arises out of and in the course of his employment tor the
... --''tenant:'...~' .---:--.,'- "--'~- .,- .. ,'~',...,.,-,.
ch
3.
or
ed
4.
n
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ot
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r-
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he
a
or
in;
6. to bodily Injury to any person if any benefits for such bodily injury are pay-
able or required to be provided under any workers' or workmen's compensa-
tion, unemployment compensation or disability benetits law, or under any
similar law;
II
I
..' . .~ "c ~,:
.._, .. ' . ....,r ._
":7. "lo"ahy'miCflCiF"expense-:fOr:rs'eNices-by-thenamed Insured, any employee
thereof or any person or organization under contract to the named Insured
to provide such services:
8. to bodily Injury to any person practicing, instructing or participating in any
physical training, sport. athletic activity or contest:
9. to bodily injury included within the completed operations hazard or the
products hazard.
or
in
lar
he
or
of
SECTION I AND SECTION
GOVERNMENTAL ACTION AND
II-WAR RISK,
NUCLEAR EXCLUSIONS
5
tt
This pol icy under Section I and Section II shall not apply to loss, bodily injury or
property damage caused. directly or indirectly, by or due to any act or condition
incident to the following:
1. hostile or warlike action in time of peace or war. including action in hindering.
combating or defending against an actual. impending or expected attack
(a) by any government or sovereign power (de jure or de facto). or by any
authority maintaining or using military. naval or air forces: or (b) by mili-
tary. naval or air forces; or (cl by an agent of any such government. power,
authority or forces, it being understood that any discharge, explosion or use
of any weapon of war employing nuclear fission or fusion shall be conclusive-
ly presumed to be such a hostile or warlike action by such a government.
power. authority or forces:
2. insurrection. rebellion. revolution. civil war. usurped power. or action taken
by governmental authority in hindering. combating or defending against such
an occurrence: seizure or destruction under quarantine or custom's regula-
tions. confiscation by order of any government or public authority. or risks
of contraband or illegal transportation or trade.
by
of
ge
ed
nd
ed
to
d.
n-
ed
m-
n-
er
of
SECTION
ONLY
1. Nuclear Clause: The word "fire" in this policy is not intended to and does not
embrace nuclear reaction or nuclear radiation or radioactive contamination.
all whether controlled or uncontrolled, and loss by nuclear reaction or nuclear
radiation or radioactive contamination is not intended to be and is not in-
sured 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 policy. How-
Page 13 of 23
6)
(Ed. 05 76)
rver, subject to the foregoing and all prfVi,SiOn?, of this po Hey, dlreetl~::-T
'fire" resulting from nuclear reaction Ir nuclear radiation or radioactive '
contamination is insured against by this policy., .
2. 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 resulting from an insured
peril under this policy,
3. Nuclear Exclusion: Loss by nuclear reaction or nuclear radiation or radio-
active contamination, all whether controlled or uncontrolled, or due to any
act or condition incident to any of the foregoing is not insured against by this
policy, whether such loss be direct or indirect. proximate or remote, or be in
whole or in part caused by, contributed to, or aggravated by any of the perils
insured against by this policy; and nuclear reaction or nuclear radiation or
radioactive contamination, all whether controlled or uncontrolled, is not
"explosion" or "smoke". This clause applies to all perils insured against here-
under except the peril of fire, which' is otherwise provided for in the nuclear
clause above.
It is agreed that:
1. The policy does not apply: ",
(a),' Under any' LiabilityCoverage: to bodily Injury or property damage
' , ." '.":.,-" (',
(1) with respect to which an Insured under the pOlicy is also an insured
under a nuclear energy liability policy issued by Nuclear Energy
;",~L't; Liability Insurance Association. Mutual Atomic Energy Liability
Insurance Association. Mutual Atomic Energy Liability Under-
writers or Nuclear Insurance Association of Canada, or would be an
insured under any such policy but for its termination upon exhaus-
tion of its limit of liability; or
(2) resulting from the hazardous properties of nuclear material and
with respect to which (a) any person or organization is required to
maintain financial protection pursuant to the Atomic Energy Act of
1954, or any law amendatory thereof. or (b) the insured is, or had
this policy not been issued would be. entitled to indemnity from
the United States of America. or any agency thereof, under any
agreement entered into by the United States of America, or any
agency thereof, with any person or organization;
(b) Under any Medical Payments Coverage, or under any Supplementary
Payments provision relating to first aid, to expenses incurred with re-
spect to bodily injury resulting from the hazardous properties of nuclear
material and arising out of the operation of a nuclear facility by any per-
son or organization;
(c) Under any Liability Coverage. to bodily injury or property damage result-
ing from the hazardous properties of nuclear material. if
(1) the nuclear material (a) is at any nuclear facility owned by, or
operated by or on behalf of, an insured or (b) has been discharged
or dispersed therefrom:
(2) the nuclear material is contained in spent fuel or waste at any time
pOf>sessed, handled, used, processed, stored, transported or dis-
posed of by or on behalf of an insured; or
(3) the bodily injury or property damage arises out of the furniShing by
an insured of services, materials. parts or equipment in connection
with the planning. construction. maintenance, operation'or use of
any nuclear facility, but if such facility is located within the United
States of America, its territories or possessions or Canada, this
exclusion (c) applies only to property damage to such nuclear facili.
ty and any property thereat.
2. As used in this exclusion:
"hazardous properties" include radioactive. toxic or explosive properties;
"nuclear material" means source material, special nuclear material or
byproduct material;
Page 140f 23 (Ed, 05 76)
by 1
ve
I
5S
VIe
ed
0-
lY
lis
In
its
or
ot
e-
ar
eel
gy
ity
_r-
an
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nd
to
of
ad
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lY
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ry
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or
ed
ne
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by
on
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ed
liS
ili-
or
)
"so[rce material", "special nuclear material",\.nd "by-product material" have, the
me nings given them in the Atomic Energy Actrf 1954 or in anylaw amendatory
the eof;
"spent fuel" means any fuel element or fuel component, solid or liquid, which has
been used or exposed to radiation in a nuclear reactor;
"waste" means any waste material (1) containing by-product material and
(2) resulting from the operation by any person or organization of any nuclear
facility included within the definition of nuclearfacility under paragraph (1) or
(2) thereof:
"nuc"ar facility" means
(a) any nuclear reactor,
(b) any equipment or device designed or used for (1) separating the ,iso-
topes 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, fabricating or alloy-
ing 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:
"~~uclear:::n8c:tor~'::mectm_:.any.apparatu.s-eeslgned or used to sustainnu-
clear 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.
GENERAL CONDITIONS
(Ed. 05 76)
The following Conditions apply to Section I and Section II except as otherwise in-
dicated, Additional Conditions or modifications of the following Conditions may
appear in the specific coverage sections.
1. PREMIUM
All premiums for this insurance shall be computed in accordance with the
Company's rules, rates. rating plans, premiums and minimum premiums
applicable to the insurance afforded herein.
The Company may because of undeclared exposures or change in the in-
sured's business operation, acquisition or use of locations not shown in the
Declarations require an additional premium in accordance with the rates.
rules and forms of the Company in effect at the time of the change.
Subject to the consent of this Company and subject to the premiums, rules
and forms then in effect for this Company, this policy may be continued in
force by payment of the required continuation premium for each successive
one year period. Such continuation premium must be paid to the Company
prior to each anniversary date of this policy. If not so paid. the policy shall
expire on the first anniversary date that the said premium has not been re-
ceived by the Company.
2, CANCELLATION
The named insured may cancel this policy by mailing to the Company written
notice stating when thereafter such cancellation shall be effective. This policy
may be cancelled by the Company for reasons of other than nonpayment of
premium by mailing to the named insured and mortgagee at the mailing
address shown in the Declarations. written notice stating when, not less than
thirty (30) days thereafter, such cancellation shall be effective. The mailing
or delivery of notice. as aforesaid shall be sufficient proof of notice.
In the event of such cancellation the returned premium shall be computed
as follows:
(a) if the Company cancels, for reasons other than nonpayment, the return
premium shall be computed pro rata: and
(b) if the named insured cancels. the return premium shall be ninety percent
(90%) of the unearned premium computed on a pro rata basis.
Page 15 of 23
Page 16 of 23
-, l : ....."
- ~._, __________ _..:.--~.__.m' ~'_."u........:...~~~_~,____.",.,____
I
Premium adjustment may be made aI the time cancellation is effected and,
if not then made. shall be made as Isoon as practicable after cancellation
becomes effective. The Company's check or the check of its representative
mailed or delivered as aforesaid shall be a sufficient tender of any refund of
premium due to the insured but payment or tender of unearned premium
is not a condition of cancellation.
If the insured fails to make payment of the premium for this policy or any in-
stallment payment, whether payable directly to the Company or its agent or
indirectly under any premium finance plan or extension of credit. this policy
may be cancelled by mailing to the insured written notice stating that not
less than ten (10) days thereafter. such cancellation shall be effective.
In the event of such cancellation the earned premium shall be computed
pro rata.
POLICY PERIOD, TERRITORY
(a) Section I of this policy applies only to loss to property during the policy
period while such property is within or between the fifty states of the
United States of America. District of. Columbia and Puerto Rico unless
otherwise limited. "
(b) Section 1\ ofthis policy appliesonlyto: ,
(1) bodily injury or property damage which occurs within the policy
terr'itory: or
(2) personal injury committed during the policy period within thepol~
""'ic{territory. ';~ ,'. f'C:'"", ",
(c) As respects Section II of this policy. the term policy territory means:
(1) the United States of America. its territories or possessions, or Can-
ada;or
(2) international waters or air space. provided the bodily injury or prop-
erty damage does not occur in the course of travel or transportation
to or from any other country. state or nation; or
(3) anywhere in the world with respect to damages because of bodily
injury or property damage arising out of.a product which was sold
for use or consumption within the territory described in paragraph
(1) above. provided the original suit for such damages is brought
within such territory.
TIME OF INCEPTION
To the extent that coverage in this policy replaces coverage in other pol-
icies terminating 12:01 A,M. (Standard Time) on the inception date of this
policy. this policy shall be effective at 12:01 A.M, (Standard Time) instead of
at Noon Standard Time.
CONCEALMENT OR FRAUD
This policy is void if any insured has intentionally concealed or mIsrepre-
sented any material fact or circumstance relating to this insurance.
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 rep-
resen tative.
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 instruments and
papers and do whatever else is necessary to secure such rights. The in-
sured shall do nothing after loss to prejudice such rights.
(b) The Company shall not be bound to pay any loss if the insured has im-
paired any right of recovery for loss: however. it is agreed that the insured
may:
3.
4.
5.
6.
7.
(Ed, 05 76)
d.
>n
Ie
of
m
n-
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:y 8.
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1-
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IS
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il
IS
eI,
tl
:d
;)-
as respects property while on the rlremises of the insured, release
others in writing from liability for lols prior to loss. and such release
shall not affect the right of the insured to recover hereunder: and
as respects property in transit, accept such bills of lading, receipts
or contracts of transportation as are ordinarily issued by carriers
containing a limitation as to the value of such goods or merchan-
dise.
INSPECTION AND AUDIT
The Company shall be permitted but not obligated to inspect the named in-
sured's property and operations at any time. Neither the Company's right
to make inspections nor the making thereof nor any report thereon shall
constitute an undertaking. on behalf of or for the benefit of the named insured
or others. to determine or warrant that such property or operations are safe
or healthful. or are in compliance with any law. rule or regulation.
The Company may examine and audit the named insured's books and rec-
ords at any time during the policy period and extensions thereof and within
three years after the, final termination of this policy. as far as they relate to
the subjectmatter of this insurance.
9. LIBERALIZATION CLAUSE
(2)
1(1)
e
)r
d
In the event any filing is submitted to the insurance supervisory authorities
on behalf of the Company. and:
(a) thefJling is.appr:oved.or accepted by the insurance authorities to be
effecttve white"this' policy isin.force oiwtthin 45 days prior to its incep-
tion; and
(b) the filing includes insurance forms or other provisions that would ex-
tend or broaden this insurance by endorsement or substitution of form,
without additional premium:
the benefit of such extended or broadened insurance shall inure to the bene-
fit of the insured as though the endorsement or substitution of form had
been made a part hereof.
10. OTHER INSURANCE
This insurance shall apply only as excess insurance over any other valid and
collectible insurance which would apply in the absence of this policy. except
insurance written specifically to cover as excess over the limits of liability
applicable to Section II of this policy,
The insura/"]ce provided under Coverage E-Business liability with respect to
property in the care. custody or control of the insured shall also be excess
over any valid and collectible property insurance (including any deductible
portion thereof) available to the insured including but not limited to Fire and
Extended Coverage. Builders' Risk Coverage or Installation Risk Coverage.
11, INSURANCE UNDER MORE THAN ONE COVERAGE, PART OR
ENDORSEMENT
In the event that more than one coverage. part or endorsement of this policy
insures the same loss. damage or claim, the Company shall not be liable
for more than the actual loss, or damage sustained by the insured.
12. REPLACEMENT OF FORMS AND ENDORSEMENTS
If the policy period in the Declarations does not indicate a termination date,
the policy being issued on a continuous basis, the Company may substitute
or add forms and endorsements which are authorized for its use upon any
anniversary date in accordance with rules of its manuals,
13. 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.
)
(Ed, 05 76)
Page 17 of 23
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,r ~ ,
1
I
CONDITIONS APPL~ABLE ,TO SEC;TION
~
1. REPLACEMENT COST
(a) With the exception of loss to Money and Securities, loss shall be adjusted
on the basis of the replacement cost value of the property insured here"
under, but the limit of liability of the Company shall not exceed the
least of: "
(1) the full cost of replacement of such property at the same site with
new material of like kind and quality without deduction for depre-
ciation; or
(2) the cost of repairing the insured property within reasonable time; or
(3) the limit of liability applicable to such property shown on the Dec-
larations; or
(4) the amount actually and necessarily expended in repairing or
replacing said property or any part thereof.
(b) The Company shall not be liable for payment of loss on a replacement
cost basis unless and until actual repair or replacement is completed.
The insured. however. may elect nolto repair or replace. in which event
loss settlement shall be made on an actual cash value basis rather than
on a replacement cost basis. Should the insured elect this option. the
insured's right to make further claim on a replacement cost basis shall
not be prejudiced provided the Company is notified in writing within
180 days after loss of the insured's intent to make such further claim.
2. 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 detail the
quantity, description. replacement cost and amount of loss. Attach to
the inventory all bills, receipts and related documents that substantiate
the figures in the inventory;
(d) exhibit the remains of the damaged property as often as may be rea-
sonably required by the Company and submit to examination under oath;
(e) submit to the Company within 60 days after requested a signed. sworn
statement of loss which sets forth, to the best of the named insured'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 which may cover the loss:
(4) changes in title or occupancy of the property during the term of
the policy:
(5) specifications of any damaged building and detailed estimates for
repair of the damage:
(6) an inventory of damaged personal property described in (c) above:
(7) receipts for extra expenses incurred and records supporting the
rental value.
3. 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
ji
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Page 18 of 23
(Ed, 05 76)
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mIkes a written demand for appraisal. ea<J1 shall select a competent inde-
peldent appraiser, Each shall notify the clher of the selected appraiser's
identity within twenty (20) days of receipt of the written demand.
The two appraisers shall select a competent. impartial umpire, If the ap-
praisers are unable to agree upon an umpire within fifteen (15) days. the
named insured or the Company may petition a judge of a Court of Record in
the state where the insured premises is located to select an umpire,
The appraisers shall then set the amount of the loss. If the appraisers sub-
mit a written report of an agreement to the Company, the amount agreed
upon shall be the amount of the loss. If the appraisers fail to agree within a
reasonable time. they shall submit their differences to the umpire, Written
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 ex-
penses of the appraisal and compensation of the umpire shall be paid equally
by the named insured and the Company.
4. 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.
5. ABANDONMENT OF PROPERTY
The. Cornpa_I'lY It,,-d no.ta~t~~y ~r{)-'?~~t~_~~andoned by an insured.
6. PAYMENT OF LOSS
The Company will pay all adjusted claims within thirty (30) days after presen-
tation and acceptance of the proof of loss.
PRIVILEGE TO ADJUST WITH OWNER
(a) Except as provided in (b) below. or unless another payee is specifically
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 payment has
been made.
If legal proceedings be taken to enforce a claim against the insured as
respects any such loss or damage. the Company reserves the right at
its option. without expense to the insured, to conduct and control the de-
fense on behalf of and in the name of the insured. No action of the Com-
pany in such regard shall increase the liability of the Company under
this policy. nor increase the limits of liability specified in the policy.
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.
9. VACANCY OR UNOCCUPANC'f
(a) This Company shall not be liable for loss occurring while a described
building. whether intended for occupancy by owner or tenant. is vacant
beyond a period of sixty (60) 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.
10. MORTGAGE CLAUSE-APPLICABLE ONLY TO BUILDINGS
This clause is effective if a mortgagee is named in the Declarations. The word
"Mortgagee" includes "Trustee". Loss to buildings shall be payable to the
6)
(Ed, 05 76) Page 19 of 23
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nLed mortgagee. as interest may appeartnder all pr,esent or futu're mort-
gages on the buildings described in the Declarations in order of precedence
of mortgages 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 inthe title or ownership of the property;
(d) occupancy of the premises for purposes more hazardous than are per-
mitted by this policy;
provided. that in case the mortgagor or owner shall neglect to pay any pre-
mium due under this policy, t~e mortgagee shall. on demand. pay the
premium.
The mortgagee shall notify the Company of any change of ownership or
occupancy or increase of hazard which shall come to the knowledge of the
mortgagee. Unless permitted by this policy. such change of ownership or
occupancy or 'increase of hazard shall be noted on the policy and the mort-
gagee shall on demand pay the premium for the increased hazard for the
term it existed underthis policy. If such premium isnot paid, this policy shall
be null and void." '
The Company reserves the right to cancel this policy at any time as provided
by its terms. If so cancelled, this policy shall continue in force for the bene-
fit 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 can-
cel this agreement on ten days notice to the mortgagee,
When the Company shall pay the mortgagee any sum for loss under this
policy. and shall claim that, as to the mortgagor or owner, no liability there-
for existed, the Company shall. to the extent of such' payment, be there-
upon 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 transfer of the mortgage
and of all such other securities, However. no subrogation shall impair the
right of the mortgagee to recover the full amount of said mortgagee's
claim.
11. 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 damaged property, the insured
shall be entitled to all recoveries in excess of the amount paid by the Com-
pany, less only the actual cost of effecting such recoveries,
12, LOSS CLAUSE
ft,ny loss hereunder shall not reduce the amount of this insurance.
13. NO BENEFIT TO BAILEE
This insurance shall not inure directly or indirectly to the benefit of any car-
rier or other bailee,
14. 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 oc-
cupant is not within the control of the insured; or
(b) by failure of the insured to comply with any warranty or condition con-
tained in any endorsement attached to this policy with regard to any por-
tion of the premises over which the insured has no control.
Page 20 of 23
(Ed, 05 76)
: -~
. C<iNDITIONS APPLICABL~ TO SECTION II
1, ACTION AGAINST THE COMPANY
No action shall lie against the Company unless:
(a) there shall have been full compliance with all of the terms of this policy;
and
(b) the amount of the insured's obligation to pay shall have been finally
determined either by judgment against the insured after actual trial or
by writteh agreement of the insured, the claimant and the Company.
Any person or organization or the legal representative thereof who has se-
cured such judgment or written agreement shall thereafter be entitled to
recover under this policy to the extent of insurance afforded by this policy.
No person or organization shall have any right under this policy to join the
Company as a party to any action against the insured to determine the in-
sured's liability nor shall the Company be impleaded by the insured or his
legal representative.
Bankruptcy or insolvency of the insured or of the insured's estate shall not
relieve the Company of its obligations hereunder.
2. FINANCIAL RESPONSIBILITY LAWS
This policy may not be certified as proof of financial responsibility under the
provisions of a~y,~!.,C!~~j~Jn~sponsibilitvjaw ,.
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3, INSUREIYSDUTIES"IN' tHE EVENT OF OCCURRENCE, CLAIM OR SUIT
(a) In the event of an occurrence, the insured shall give to the Company or
its authorized agents. as soon as practicable, written notice containing:
(1) particulars sufficient to identify the insured;
(2) reasonably obtainable information with respect to the time, place
and circumstances; and
(3) names and addresses of the injured and of available witnesses.
(b) If claim is made or suit is brought against the insured, the insured shall
immediately forward to the Company every demand. notice. summons
or other process received by him or his representative.
(c) The insured shall cooperate with the Company, and upon the Company's
request. assist in the following:
(1) maki ng of settlements;
(2) conducting suits;
(3) enforcing any right of contribution or indemnity against any per-
son or organization who may be liable to the insured because of
injury or damage with respect to which insurance is afforded under
this policy.
(d) The insured shall attend hearings and trials and assist in securing and
giving evidence and obtaining the attendance of witnesses,
(e) The insured shall not, except at his own cost. voluntarily make any pay-
ment. assume any obligation or incur any expense other than for first
aid to others at the time of accident.
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Page 21 of 23
I
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SECTION II-DEFINITIONS
The Definition Section is an integral part of the policy and shall be applied as if
the definitions appearing were included each time the words they define are used
in the policy.
When used in the provisions applicable to Section II of this policy (including en-
dorsements forming a part hereof):
automobile means a land motor vehicle, trailer or semi-trailer designed for
travel on public roads (including any machinery or apparatus attached thereto):
bodily injury means bodily injury. sickness or disease sustained by any person
which occurs during the policy period. including death at any time resulting
therefrom;
completed operations hazard includes bodily injury and property damage
arising out of operations or reliance upon a representation or warranty made
at any time with respect thereto. but only if the bodily injury or property dam-
age occurs after such operations have been completed or abandoned and oc-
curs away from premises owned by or rented to the named insured, Operations
include materials. parts or equipment furnished in connection therewith. Op-
erations shall be deemed completed at the earliest of the following times:
(a) when all operations to be performed by or on behalf of the named insured
under the contract have been completecL-~
(b) when all operations to be performed by or on behalf of the named insured
at the site of the operations have been completed: or
(c) when the portion of the work out of which the injury or damage arises has
been put to its intended use by any person or organization other than
another contractor or subcontractor engaged in performing operations
for a principal as a part of the same project.
Operations which may require further service or maintenance work. or correc-
tion. repair or replacement because of any defect or deficiency. but which are
otherwise complete. shall be deemed completed, '
The completed operations hazard does not include bodily injury or property
damage arising out of (a) operations in connection with the transportation of
property. unless the bodily injury or property damage arises out of a condition
. in or on a vehicle created by the loading or unloading thereof. or (b) the existence
of tools. uninstalled equipment or abandoned or unused materials:
commercial automobile means an automobile of the truck type or other auto-
mobile designed for the transportation of material or merchandise over public
roads;
contract means any written contract or agreement wherein the named insured
has expressly assumed liability for damages to which this policy applies. pro-
vided. that such liability shall not be construed as including liability under a
warranty of the fitness or quality of the named insured's products ora warranty
that work performed by or on behalf of the insured will be done in a workman-
like manner;
itlsured means each of the following to the extent set forth below:
(a) 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 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 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. member of the board of trustees. directors or gov-
enors or stockholder thereof while acting within the scope of his duties as
such:
Page 22 of 23
(Ed, 05 76)
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,my employee of the named insured whle acting within the scope of his
lJutles as such;
any person or organization while acting as real estate manage-r for the
named insured.
The insurance afforded applies separately to each insured against whom claim
is made, or suit is brought, except with respect to the limit of the Company's
liability.
This insurance does not apply to bodily injury or property damage or 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;
medical expenses means expenses for necessary medical. surgical. x-ray and
dental services, including prosthetic devices and necessary ambulance, hos-
pital, professional nursing and funeral services;
named insured means the person or organization named in Item 1 of the Dec-
larations of this policy:
named insured's products means goods or products manufactured, sold,
handled or distributed by the named insured or by others trading under his
name, including any container thereof (other than a vehicle), but the named
insured's products shall not include a vending machine or any property other
than such container rented to or located for use of others but not sold:
non-o~ned automobUe m~alls an_al.ltorm~,bilLnoLowned in whole or in part by,
registered in the name of, hired by, leased by orloc3ried to the named insured,
or if the named insured is a partnership, any partner therein;
occurrence means an accident, including continuous or repeated exposure
to conditions, which results in bodily injury or property damage neither ex-
pected nor intended from the standpoint of the insured and with respect to
personal injury, the commission of an offense, or a series of similar or related
offenses;
personal injury means injury which arises out of one or more of the following
offenses committed in the conduct of the named insured's business:
(a) false arrest, detention or imprisonment. or malicious prosecution;
(b) the publication or utterance of a libel or slander or of other defamatory or
disparaging material. or a publication or utterance in violation of an indi-
vidual's right of privacy; except publications or utterances in the course
of or related to advertising, broadcasting or telecasting activities conduc-
ted by or on behalf of the named insured;
(c) wrongful entry or eviction. or other invasion of the right of private occu-
pancy;
private passenger automobile means a four-wheel private passenger or station
wagon type automobile;
products hazard includes bodily injury and property damage arising out of the
named insured's products or reliance upon a representation or warranty made
at any time with respect thereto, but only if the bodily injury or property dam-
age occurs:
(a) after physical possession of such property has been relinquished to others:
and
(b) away from premises owned by, or rented to the named insured.
However, if the business of the named insured includes the selling. handling or
distribution of the insured's product for consumption on premises owned by or
rented to the named insured part (b) above shall not apply.
property damage means (a) physical injury to or destruction of tangible prop-
erty which occurs during the policy period, including the loss of use thereof at
any time resulting therefrom, or (b) loss of use of tangible property which has
not been physically injured or destroyed provided such loss of use is caused by
an occurrence during the policy period.
(d)
(e)
(Ed, 05 76)
Page 230f 23
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I
BU 04 02
(Ed. 08 76)
BUSINESSOWNERS
COMPREHENSIVE
BUSINESS LIABILITY
ADDITIONAL
INSURED EN.
DORSEMENT
(Premises Leased to
the Named Insured)
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:
L to any occurrence which takes place after the named insured ceases
tobe a tenant in said premises; or
2. to structural alterations. new construction or demolition operations
performed by or on behalf of the person or organization designated
below.
SCHEDULE
Desjgnation of Premises
(Part Leased to
Named Insured)
Name of Person
or Organization
(Additional Insured)
Additional
Annual Premiums
75 Causeway Boulevard Rooms 5 & 9 City of Clearwater
Clearwater, Florida
15.00
to
This Endorsement must be attached to Businessowners Policy Change Endorsement when issued after policy is
written.
BU 04 02 (Ed. 08 76)