SPECIAL MULTI-PERIL POLICY # 815 43 47
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Y
Policy Number S M P S 1543
. ~~n~~!!~r r'~~~Ai;D~~MPANY
4 j~;:*>:".~:~.~ENEWAI:~"CeRTlfl~'l~:~.. '
SPECIAL MULTI-PERil POLICY
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Item 1. Named Insured and MaiDn. Address (No" SCreet, Town, County, Selle, llpl
Item 2. Policyperlocl: 1 year(s)
From 2-2-85
To 2-2-86
BRUCE LITTLER, INC.
55 CAUSEWAY BLVD.
CLEARWATER, FLA 33515
12:01 A,M. Standard Time at location of designated premises.
Item 3. The Named Insured is:
[J Individual 0 Partnership
Item 4. Designated Premises tENTER BELOW)
D Corporation D Joint Venture D Other
: ' No, 1 SAME
No, 2
NO.3
No, 4
Occupancy of Premises
REAL ESTATE
Item S. INSURANCE IS PROVIDED WITH RESPECT TO THE DESIGNATED PREMISES AND WITH RESPECT TO THOSE COVERAGES AND KINDS OF PROPERTY FOR WHICH A
SPECIFIC LIMIT OF LIABILITY IS SHOWN. SUBJECT TO All OF THE TERMS OF THIS POLICY INCLUDING FORMS AND ENDORSEMENTS MADE A PART HEREOF,
SECTION I PROPERTY COVERAGE limit ollllbllllY DEDUCTIBLE
lo<. No. I BIds, No. loc. No. I Bldll. No. lo<. No. I BId. No. lo<. No. I BIds. No. COINSURANCE
I I I r PERCENTAGE
1 1 APPliCABLE
S 0 S S s N/A % Building(s) each occurrence aggregate each occurrence
Personal Property:
S 11000 5 5 5 % of the Insured See GF 11 7
5 III 5 5 5 % of Others If no deductible stated above. the deductible shall be
Additional Cov. (Specify)
5 5 5 5 5100 51.000
5 5 5 5 each occurrence aggregate each occurrence
5 5 5 5
SMP Form MP-2oo Bodily Injury /property :>amagel Premises Medical
SECTION II
Bodily Injury and Property Damage liability liability liability Payments
LIABILITY COVERAGE Premises Medical Payments
Combined Single limit IF NO LIMIT SHOWN FOR
Limit 01 Liability each occurrence I aggregate each person 15 each accident MP-2oo REFER TO COVERAGE I
5 300000 5 300000 1000 PART OR ENDORSEMENT
5 I
Additional Cov, (Specify) B. F. C. G. L. & E. N. O. I
Audit Period: Non-Auditable Unless Indicated B X Annual Semi-Annual Quarter! Month' Other: I
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Item 6. Forms and Endorsements made part of this policy UNSERT NO, AND EDITION DATEI
~P0090(0777),GF117(0B80),P0001(0382),MP0014(1083),GL2116(0766),GL2219(0174),
~P0093 (0777), P202A (0382), GL0404 (0581), MP0423 (0183), GL0032(0484)
Item 7. Mortgagee: (NAME AND ADDRESS)
i) N. A.
"
Item a The Total Advance Premium is: $ i 50. 00
THIS CERTIFICATE EXTENDS YOUR POLICY FOR AN ADDITIONAL TERM. PLEASE ATTACH TO YOUR POLICY.
MUTUAL INS AGCY OF CLEARWATER
~~~~RWATER, FL:S<-C: -
Countersigned by
GF 40 (5-84)
/
TO:
FROM:
COPIES:
II ~
~~ CI.t,J~ OF CLEARWATER
Elizabeth S. Haeseker, Assistant Cit~M;~terdepartment Correspondence Sheet
Bill Held, Assistant Harbormaster ~
Lucille Williams, City Clerk ~
SUBJECT:lnsurance Policies
DATE:
May 17, 1984
Enclosed herewith are complete copies of 1nsurance policies for
the below leasee's:
Bait House - Jo Ann Homsher
exp1res - 9/06/86
" " 3/14/85
" " 1/31/85
----~-- --
" " 2/02/85
Marina Gifts - Alfred Gregory
Marine Sales - Joanne Warden
Bruce Littler - Realtor
All these insurance policies meet the requirements of the lease
agreement.
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23 84 90
<" RENEWAl Of NUMBER
peninsular tire INSURANCE COMPANY
1 I HOME OFFICE · JACKSONVillE, FI)RIDA
- - DECLARATIONS_
SPECIAL MULTI-PERIL POLICY
c/'tJJ./
No. SMP
Item 1. Named Insured and Mailing Address (No., Street, Town, County, State, Zip)
Bruce Littler, Inc.
55 Causeway Blvd.
Clearwater, Florida
Item 4.
Item 2, Policy Period: Year(s) 1
From 2-2-83 To 2-2-84
o 12:01 A,M, 10 noon, Standard Time at location of designated premises,
The Named Insured is:
[j] Individual
Designated Premises (ENTER BELOW)
No, 1 Same
No, 2
No.3
No, 4
D Partnership
D Corporation
D Joint Venture D Other:
Item 3.
Occupancy of Premises
Real Estate Office
--.---.---
Item 5, INSURANCE IS PROVIDED WITH RESPECT TO THE DESIGNATED PREMISES AND WITH RESPECT TO THOSE COVERAGES AND KINDS OF PROPERTY FOR WHICH A
SPECIFIC LIMIT OF LIABILITY IS SHOWN, SUBJECT TO All OF THE TERMS OF THIS POLICY INCLUDING FORMS AND ENDORSEMENTS MADE A PART HEREOF.
SECTION I - PROPERTY COVERAGE Limit 01 liability DEDUCTIBLE
Loe. No. I Bldg. No. Loe, No. I Bldg. No. Loe. No.T Bldg. No. Loe. No. I Bide. No. COINSURANCE
1 I 1 I I I PERCENTAGE
APPLICABLE
$ $ $ $ % Building(s) each occurrence aggregate each occurrence
Personal Property:
$ 10,000 $ $ $ 90 % of the Insured $ See GF117 $
$ $ $ $ % of Others If no deductible stated above, the deductible shall be
Additional Cov (Specify)
$ $ $ $ $100 $1,000
$ $ $ $ each occurrence aggregate each occurrence
$ $ $ $
SECTION II SMP-L1ABllITY INSURANCE Bodily Injury I Property Damage I Premises Medical
Bodily Injury and Property Damage liability liability liability Payments
LIABILITY COVERAGE Combined Single limit Premises Medical Payments
IF NO LIMIT SHOWN FOR SMP-
each occu rrence 1$ aggregate each person 1$ each accident LIABILITY INSURANCE REFER TO
Limit of Liability $ 300.000 300.000 $ 1.000 COVERAGE PART OR ENDORSEMENT
-----
Additional Cov (Specify) B.F.C.G.L.. E.N.O.
Audit Period Non-Auditable Unless Indicated By rXl 0 Annual 0 Semi-Annual o Quarterly 0 Monthly o Other
Item 6, Forms and Endorsements made part of this policy at time of issue in addition to Special Multi-Peril Policy Conditions and Detlnltions IINSERT NO. AND EDITION DATEI
'"'...... ... '- ..... '\ ~ "
,1'Ir0090 (7-77) ,GF1l7 (8-80) ,t'0001 (3-82) ,MP0014 (5-81) ,GL2ll6 (7-66) ,GL22l9 (1-74) ,1.1P009 3 (7-77) ,
~202A(3-82):CL0404(5-8l)~9994(12-79)
Item 7, Mortgage Clause: Subject to the provisions of the mortgage clause, loss on building items shall be payable to: (Insert Name(s) of Mortgagee(s) and"mailing address(es))
None
Item 8. The Total Advance Premium is :ENTER BELOW:
$ 150.
o NOT APPLICABLE
, and is payable $ 150. at inception, and $ at each anniversary.
UNLESS INDICATED BY AN X IN THE BOX AS "NOT APPLICABLE". THE PREMIUM FOR INSTALLMENTS SUBSEQUENT TO THE INITIAL
INSTALLMENT SHAll BE SUBJECT TO ADJUSTMENT ON THE BASIS OF THE RATES IN EFFECT AT EACH ANNIVERSARY DATE.
Countersignature Date 2-2-83 JP
1-27-83 cs
Agency at Clearwater, Florida
Mutual Insur
0901272
Clearwater, Inc.
presentative
In Consideration of the premium, Insurance is provided the named insured with respect to the designated premises show In Item 4 above and with respect to those coverages
.and kinds of property for which a specific limit of liability is shown, subject to all of the terms of this policy including form and endorsements made a part hereof.
JD1193(4)-X-A
(Ed, 5-79)
THIS DECLARATIONS PAGE WITH SPECIAL MULTI,PERIL CONDITIONS AND DEFINITIONS AND FORMS AND ENDORSEMENTS, IF ANY,
ISSUED TO FORM A PART THEREOF, COMPLETES THE ABOVE NUMBERED POLICY.
I.
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I I I 1
SPECIAL MULTI-PERIL POLICY CONDITION AND DEFINITIONS
GENERAL CONDITIONS
The following Conditions apply to Section I and II except as otherwise indicated, Additional Conditions or modifications of the following Conditions may
appear in the specific coverage sections,
1. Premium. All premiums for this policy shall be computed in accor-
dance with the Company's rules, rates, rating plans, premiums and mini-
mum premiums applic:ab1e t9 theillsu~lIl:e afforded herein. ,... ".
" "1:_ ,"" "11 ..~ '1\, ".;' ..;:.,,",- ., , :,...". r '" ;", "
If this policy is. issuecUor a period in excess of one year with a specified
expiration date and a premium is payable at each anniversary, such pre-
mium shaUbe determined annually on the basis of the rates in effect at
the anniversary date., _: n,~',t,.:" ';'~.: .
If this policy is issued' for a period withciut a specified expiration date, it
may be continued by payment of the required premium for the succeed.
inll annual period, .Such premium'must be paid to the Company prior to
each anniversary date; if not so paid, this policy shall expire on the first
anniversary date that the said premium has not been'received by the
Company." . '..1'" ,~fJf.i1i s,!UI\I:) I-!'it-;,;tlll ;""., {I, I),;",,,, ,1
2.' TIllIt' of I nceptiOR. .To the extent that cOVerage in this policy' replaces
COl/erage in other poIici4!$, te~mi~ting l!CJ!)ft standard time on the incep-
tion date of this policy, coverage under thIS policy shall not become effec-
tive untit~ch other coveralle has terminated. ";",, ,,;' ". "
1.. CanceIIatiOL This policy.may be cancelleclby tba.aamed iRS&lRd by
Mr8nder' thenlcle tIf U.~ldr 'lflYlof Its,uthorized' aptD<< by
mailing to the Company written notice stating when thereafter the cancel-
lation shall be effective,. This policy may be cancelled by the Company
by mailing to the named insured at the mailing address shown in the Dec-
larations, written notice stating when not less than ten days thereafter
such cancellation shall be effective, The mailing of notice as aforesaid shall
be sufficient proof of notice, The time of surrender or the effective date and
hour of cancellation stated in the notice shall become the end of the policy
period, Delivery of such written notice either by the named insured or by
the Company shall be equivalent to mailihg:
If the named insured cancels, the Company shall, upon demand and sur.
render of this policy, refund the excess of paid premium above the cus-
tomary short rates for the expired time. If the Company cancels, earned
premium' shall be computed pro rata, Premium adjustment may be made
either at. the time cancellation is effected or as soon as practicable after
cancellation becomes effective, but payment or tender of unearned pre-
mium is not a condition of cancellation.
Notice of cancellation addressed to the named insured and mailed to the
mailing address shown in the Declarations shall be sufficient notice to
effect cancellation of this policy.
4. Concealment or Fraud. This policy is void if any insured has inten-
tionally concealed or misrepresented any material fact or circumstance
relating to this insurance,
5. Assignment. Assignment of interest under this policy shall not bind
the Company until its consent is endorsed hereon. However, if the named
insured shall die, this insurance shall apply:
(a) to the named insured's legal representative, as the named insured,
but only while acting within the scope of his duties as such; or
(b) to the person having temporary custody of the property of the
named insured but only until the appointment and qualification of
the legal representative,
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MP 00 90 (Ed. 07 77)
MP 00 90
(Ed, 07 77)
6. SubroCation.
(a) In the event of any payment under this policy; the Company shall
be subrogated to all the insured's rillhtsof recovery against any
person or organization and the insured shall execute at'ld deliver instru-
ments and papers and do whatever else is necessary to secure such
rights. The insured shall do nothing after loss to prejudice such rights,
(b) The Company shall not be bound to pay any loss if the insured has
impaired any right of recovery for loss; however, it is agreed that
the insured may:
(1) as respects property while on the premises of the insured,
release others in writing from liability for loss prior' to loss. and
such release ~II not ,affec:t_~herillht of the insu~~d to recov~r
0::..' hereunder; and'" ..., ,,,'..',... " '
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(2) as respects"property:in transit,: accept such. bills of lading,
receipts or contracts' of transportatioltas, are ordinarily issued
by carriers containinll a limitation as to the value of such goods
or merchandise.
!...
'1~2:CMPtc\1li~~ and Audit."Yiie~Cb~rlY shalf be~~rriftt'8d~but not .0bU-
gated to inspect then~medif1sured's property and operations at any
time. Neither the' Company's 'tight to make inspections nor the making
thereof nor any report thereon shall constitute an undertaking on behalf
of or for the benefit of the named insured or others to determine or
warrant that such property or operations are safe or healthful or are in
compliance with any law, rule or regulation,
The Company may examine and audit the named insured's books and
records at any time during the policy period and extensions and within
three years after the final termination of this policy, as far as they relate
to the subject matter of this insurance.
J. liberalization Clause. In the event any filing is submitted to the in.
surance supervisory authorities on behalf of the Company, and:
(a) the filing is approved or accepted by the insurance authorities
to be effective while this pOlicy is in force or within 45 days prior to
its inception; and
(b) the filing includes. insurance forms or' other provisions that
would extend or broaden this insurance by endorsement or sub-
stitution of form, without additional premium;
the benefit of such extended or broadened insurance shall inure to the
benefit of the insured as though the endorsement or substitution of form
had been made,
9. Insurance Under More Than One Coverage, Part or Endorsement. In
the event that more than one coverage, part or endorsement of this policy
insures the same loss, damage or claim, the Company shall not be liable
for more than the actual loss or damage sustained by the insured,
10. Waiver or Change of Provisions, The terms of this insurance shall not
be waived, changed or modified except by endorsement issued to form a
part of this policy,
Pace 1 of 6
clND~IONS APPLICABLE TO SECTION I I (
I'
L Policy Period, Territory, Section I of this policy applies only to loss
to property dUring the policy period while such property is within or be-
tween the fifty states of the United States of America, the District of Co'
lum bia and Puerto Rico,
2. Deductible. Unless otherwise provided in the Declarations:
(a) The sum of $100 shall be deducted from the amount of loss to
property in any one occurrence, This deductible shall apply:
(1) separately to each building, including personal property
therein;
(2) separately to personal property in each building if no coverage
is provided on the containing building; and
(3) separately to personal property in the' open (including within
~~~ .
(b) The aggregate amount of this deductible in anyone occurrence
shall not exceed $1,000., ,
3. Coinsurance Clause. The Company shall not beliabltfor a greater
proportion of any loss to property covered than the lImit of liability
under tbis policy for such property bears to the amount produced by mul-
tiplying the actual cash value of sucll property at the time of the loss by
the coinsurance percentage stated in the Declarations.' .." .
I n the event that the aggregate claim for any loss is both 'less than $10,000
and less than 5 %of the limit of liability for all contributill& i~rance
applicable to the propertY involved at.tIlt time sudl loss octurs. (.c{$pecial
inventory or appraisement of the undamaged property shall be required
providing that nothing herein shall be construed to waive the application
of the first paragraph of this clause,
If insurance under Section I of this policy is divided into separate limits
of liability, the foregoing shall apply separately to the property covered
under each such limit of liability,
4. Removal. This policy covers loss by removal of the property covered
hereunder from premises endangered by the perils insured against, and
the amount of insurance applies pro rata for five days at each proper place
to which such property shall necessarily be removed for preservation,
5. Debris Removal. This policy covers expense incurred in the removal
of debris of the property covered which may be occasioned by loss by any
of the perils insured against in this policy, The total amount recoverable
under this policy for both loss to property and debris removal expense
shall not exceed the limit of liability applying to the property, Cost of re-
moval of debris shall not be considered in the determination of actual cash
value when applying the Coinsurance Clause,
6. War Risk And Governmental Action Exclusion. This policy under Sec-
tion I shall not apply to loss caused, directly or indirectly, by or due to any
act or condition incide.nt to the following:
(a) hostile or warlike action in time of peace or war, including action
in hindering, combating or defending against an actual, impending or
expected attack (i) by any government or sovereign power (de jure or
de facto), or by any authority maintaining or using military, naval or
air forces; or (ii) by military, naval or air forces; or (iii) by an agent
of any such government, power, authority or forces, it being under,
stood that any discharge, explosion or use of any weapon of war em-
ploying nuclear fission or fusion shall be conclusively presumed to
be such a hostile or warlike action by such a government, power,
authority or forces;
(b) insurrection, rebellion, revolution, civil war, usurped power, or
action taken by governmental authority in hindering, combating or
defending against such an occurrence; seizure or destruction under
quarantine or custom's regulations, confiscation by order of any gov-
ernment or public authority, or risks of contraband or illegal trans-
portation or trade,
7. Nuclear Clause And Nuclear uclusion.
(a) Nuclear Clause (Not Applicable in New York), The word "tire" in
this policy is not intended to and does not embrace nuclear reaction or
nuclear radiation or radioactive contamination, all whether controlled
or uncontrolled, and loss by nuclear reaction or nuclear radiation or
radioactive contamination is not intended to be and is not insured
against by this policy, whether such loss be direct or indirect, proxi-
mate or remote, or be in whole or in part caused by, contributed to,
or aggravated by "fire" or any other perilS insured against by this
MP 00 90 (Ed. 07 77)
policy. However, subject to the foregoing and all provisions of this
policy, direct loss by "fire" resulting from nuclear reaction or nuclear
radiation or radioactive contamination is insured against by this policy.
(b) Nuclear Clause (Applicable only in New York): This policy does not
cover loss or damage caused by nuclear reaction .or nuclear radiation
or radioactive contamination, all whether directly or indirectly result-
ing from an insured peril under this policy. ,
(c) Nuclear Exclusion (Not Applicable in New York): loss by nuclear
reaction or nuclear radiation or radioactive contamination, all whether
controlled or uncontrolled, or due to any act or condition incident to
any of the foregoing is not insured against by this policy, whether such
loss be direct or indirect, proximate or remote, or be in whol~ or in
part caused by, contributed to, or aggravated by any of the perils in-
sured against by this policy; and nuclear reaction or nuclear radiation
or radioactive contamination, all whether controlled or uncontrolled,
is not "explosion" or "smoke", This clause applies to all perils
insured against hereunder except the peril of fire, which is otherwise
provided for in the nuclear clause above.
l otIler I..ranee. '."i'"
(a) If at the time of loss there is other insurance written in the name
. of the insured upon the same plan, terms, conditions and provisions
as contained in this policy, herein referred to as Contributing Insur-
ance, the Company shall be liable for no greater proportion of any loss
'_ than-the.1imit nf liability Jl!!!t.~ this policy bears tot~. w~ole amount
. of insurance coverinrsuch loss. . \,'" .
(b) If at the time of loss there is other insurance other than that as
described in (a) above, the Company shall not be liable for any loss
hereunder until:
(1) the liability of such other insurance has been exhausted, and
(2) then for only such amount as may exceed the amount due from
such other insurance, whether collectible or not.
9. Duties Of The Named Insured After A loss. In case of loss the named
insured shall:
(a) give immediate written notice of such loss to the Company;
(b) protect the building and personal property from further damage,
make reasonable temporary repairs required to protect the property,
and keep an accurate record of repair expenditures;
(c) prepare an inventory of damaged personal property showing in de-
tail, quantity, description, actual cash value and amount of loss, Attach
to the inventory all bills, receipts and related documents that sub-
stantiate the figures in the inventory;
(d) exhibit the remains of the damaged property as often as may be
reasonably required by the Company and submit to examination un-
der oath;
(e) submit to the Company within 60 days after requested a signed,
sworn statement of loss that sets forth to the best of the named in-
sured's knowledge and belief:
(l) the time and cause of loss;
(2) interest of the insured and all others in the property involved
and all encumbr~nces on the property;
(3) other policies of insurance that may cover the loss;
(4) changes in title or occupancy of the property during the term
of the pOlicy;
(5) specifications of any damaged building and detailed estimates
for repair of the damage;
(6) an inventory of damaged personal property described in (c)
above;
(I) give notice of such loss to the proper police authority if loss is due
to a violation of law,
10. Appraisal. If the named insured and the Company fail to agree on the
amount of the loss, either can demand that the amount of loss be set by
appraisal. If either party makes a written demand for appraisal, each shall
select a competent independent appraiser, Each shall notify the other of
the selected appraiser's identity within twenty (20) days of the receipt of
the written demand,
~.
Pace 2 of 6
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, I I
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 agr~ with,in
a reasonable time, they shlll'submit their differences to the umpire. Writ.
ten agreement signed by any two of these three shall set the amount of loss.
Each'apprllisershall be paid bythe:P~~ selecting that .apprlaiser. 6th~r
expenses of the appraisal and compensation of the umPire shall be paid
equally by the named insured and t!'t,Company" -': -.,: '., .:.'
11. Cempany Optioa. 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 oUhe property damaged at an agreed
value, or to repair,~ebuild or replace ~t with equivalent prOllerly: '.
12........... Of Preperty. The Company need not accept any prop.
ertyabandonedbylllinsu....:.~c;f,lQ..' :," '~."~',: .-,.t"1Jld! !'~;:),." .'
13.h,..i' OfLoa:Tht"COinp.Wj~Wi"-Pa;aii~j~i~'~~. WiU.i~
thirtY (30) daysaftw presentation and acceptance of the proof of ~ "
14. Priwile&t reldjast Wltll Owner. ,. , " "",:" li:"~;,'
<a) Except as provided in (b) below, or unless another payee i~ speci.
fically named in the policy, loss. if any, shall be adjusted With and
,nl'payable..tIle...~-it1f'~' " ,'",.... f\it.i&';~
*' ' .... , . "~1'-....'"~...'. ":l~~ t.., ttf11>'WR'1'" a"'- ..."tf' - . .....-....... ~^- ......
'. ~"~(b) lntlii 'MrifClllni1S:maaifo(damage..tIi jirope,ty'iJfOtherslleld
by the insured, the right to adjust such loss or damage with the owner
or owners of the property is reserved to the Company and the receipt
of payment by such owner or owners in satisfaction thereof shall be
in full satisfaction of any claim of the insured for which such pay-
ment has been made.
If legal proceedings be taken to enforce a claim against the insured as
respects any such loss or damage, the Company reserves the right at
its option without expense to the insured to conduct and control
the defense on behalf of and in the name of tile insured, No action of
the Company in such regard shall increase the liability of the Company
under this policy, nor increase the limits of liability specified in the
policy,
IS. Suit. No suit shall be brought on this policy unless the insured has
complied with all the policy provisions and has commenced the suit within
one year after the loss occurs.
16. Permits And Use. Except as otherwise provided, permission is granted:
(a) to make alterations and repairs;
(b) in the event of loss hereunder, to make reasonable repairs, tem-
porary or permanent, provided such repairs are confined solely to the
protection of the property from further damage. and provided further
that the insured shall keep an accurate record of such repair ex-
penditures, The cost of any such repairs directly attributable to dam-
age by any peril insured against shall be included in determining the
amount of loss hereunder. Nothing herein contained is intended to
modify the pOlicy requirements applicable in case loss occurs, and in
particular the requirement that, in case loss occurs, the insured shall
protect the property from further damage,
17. Vacancy, Unoccupancy and Increase of Hazard.
(a) This Company shall not be liable for loss occurring while a de,
scribed building. whether intended for occupancy by owner or tenant
is vacant beyond a period of sixty consecutive days, "Vacant" or
"Vacancy" means containing no contents pertaining to operations
or activities customary to occupancy of the building, but a building
in process of construction shall not be deemed vacant.
(b) Permission is granted for unoccupancy,
(c) Unless otherwise provided in writing added hereto this Company
shall not be liable for loss occurring while the hazard is increased
by any means within the control or knowledge of the insured.
1'\ ,l!.'-.:";"""
MP 00 90 (Ed. 07 77)
11. Protective Safl.r1u as a condition of this insurance that the in-
sured shall maintain so far as is within his control such protective safe-
guards as are set forth by endorsement hereto,
Failure to maintain such protective safeguards shall suspend this insur-
ance only as respects the location or situation affected for the time of such
discontinuance.
19. Mortealt C1ll!st-Applicable Only To Buildincs. This clause is eHec.
tilre if amOrtgage., isnamedipthe Declarations. The word "mortgagee"
includes "trustee".: lOss to buiklinp shall be payable to the named mort-
gagee as interest may appear, under all present or future mortgages on the
buildings deseribediB the Declarations: in order of precedence of mort-
gages on them. l' '. ,', -.. - , ." ,-
As it 'applies to the interestofaRy mortgagee desillnate~ 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 properly;-"""';" ri~ti..., "';''('..,;.,.t" -',' ..
~ (<<:) anY cll8nge in the tit\e'o; ownership of the property;;;;:;" ,
.'(dfcicCuPanCY':Ot" i~i pr~~ j~~PurpO~,:in~e ;h~zard~~~than
are permitted by this policy; , .. " '"
provided. that in case the mortgagor or owner shall neglect to pay any pre-
millm due..under thi$.PoIi~k'~emortgallee shall, on demand, pay the pre-
HIfII?'~~. "ft~ ..~~.~IH fu. ~ 3tH '.5 !tl~,~fl'Jlmll'~ r;~f~W'
The mOrtgagee shallnotifj ttie 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 o~nership or
occupancy or increase of hazard shall be noted on the polley and the
mortgagee shall on demand pay the premium for the increased hazard for
the term it existed under this policy, If such premium is not paid, this
policy shall be null and void,
The Company reserves the right to cancel this policy at any time as pro-
vided by its terms, If so cancelled, this policy shall continue in force for the
benefit only of the mortgagee for ten days after notice to the mortgagee
of such cancellation and shall then cease. The Company shall have the
right to cancel this agreement on ten days notice to the mortgagee,
When the Company shall pay the mortgagee any sum for loss und~r t~is
policy, and shall claim that, as to the mortgagor or owner, no liability
therefor existed, the Company shall, to the extent of such payment, be
thereupon legally subrogated to all the rights of the mortgagee to whom
such payment shall have been made, under the mortgage debt. In lieu of
taking such subrogation, the Company may, at its option, pay to the
mortgagee the whole principal due or to grow due on the mortgage, With
interest accrued and shall thereupon receive a full assignment and trans-
fer of the mortgage and of all such other securities, However. no subroga-
tion shall impair the right of the mortgagee to recover the full amou nt of
said mortgagee's claim.
20. Recoveries. In the event the Company has made a payment for loss
under the policy and a subsequent recovery is made of the lost or dam-
aged property, the insured shall be entitled to all recoveries in excess of
the amount paid by the Company, less only the actual cost of effecting
such recoveries,
21. loss Clause. Any loss hereunder shall not reduce the amount of this
insurance,
22, No Benefit To Bailee. This insurance shall not inure directly or in-
directly to the benefit of any carrier or other bailee,
23. No Control. This insurance shall not be prejudiced:
(a) by any act or neglect of the owner of any building if the insured
is not the owner thereof, or by any act or neglect of any occupant
(other than the insured) of any building when such act or neglect of
the owner or occupant is not within the control of the insured, or
(b) by failure of the insured to comply with any warranty or condi-
tion contained in any endorsement attached to this poliCY with re-
gard to any portion of the premises over which the insured has no
control.' '
,:(
I j ~ . . .'.
:- :b: ~, ~
;"(,
Pace 3 of 6
10J,ITIONS APPLICABLE TO SECTION II'
1. Supplementary Payments. The Company will pay, in addition to the
applicable limit of liability:
(a) all expenses incurred by the Company, all costs taxed against the
insured in any suit defended by the Company and all interest on the
entire amount of any judgment therein which accrues after entry of
the judgment and before the Company has paid or tendered or de-
posited in court that part of the judgment which does not exceed tb8
limit of !be Company's liability thereon; ,~; . . .' ,
(b) premiums on appeal bonds required in any such suit, premiums
on bonds to release attachments in any such suit f01 an amount not
in excess of the applicable limit of liability of this pOlicy. and the
cost of bail bonds required of the insured because of accident 01 traffIc
law violation arising out of the use of any vehicle to which this policy
applies, not to exceed $250 per bail bond. but the Company shall have
no obligaticIn to apply f01 01 furnish any such bondS; . .
(c) expenses incurred by the insured for first aid to others at the
time of an accident. for bodily injury to which this policy applies;
(d) reasonable expenses incu"ed by the i..-. at tile. Company's
request in assisting the Company in the investiptioll or defense of
any claim or suit. indudill( actual loss of earnincsnot to .ceed $25
per day; . '. ; '. _~"',,{,.' :'~","I.:<1'~....
2. Premium. Premium designated in this policy as "advance premium"
is a deposit premium only which shall be credited to the amount of the
earned premium due at tbe end of the policy periocl. At tbe dose of llICh
. "Mod (or part thereof terminating witll tilt _at tbepolicy period)
designated in the Declarations as the audit period the earned premium
shall be computed f01 such period and, upon notice thereof to the named
inSUfed shall become due and payable, If the total earned premium for
the policy period is less than the premium previously paid. the Company
shall return to the named insured the unearned portion paid by the named
insured.
The named insured shall maintain records of such information as is neces.
sary for premium computation and shall send copies of such records to
the Company at the end of the policy period and at such times during the
policy period as the Company may direct.
3. Financial Responsibility Laws. When this policy is certified as proof
of financial responsibility for the future under the provisions of any motor
vehicle financial responsibility law, such insurance as is afforded by this
policy for bodily injury liability or for property damace liability shall ~o~.
ply with the provisions of such law to the extent of the coverage and limits
of liability required by such law. The insured agrees to reil!1burse the Com-
pany for any payment made by the Company which it would not have been
obl.igated to make under the terms of this policy except for the agreement
contained in this paragraph.
4. Insured's Duties in the Event of Occurrence, Claim or Suit.
(a) In the event of an occurrence, written notice containing particulars
sufficient to identify the insured and also reasonably obtainable in-
formation with respect to the time, place and circumstances thereof
and the names and addresses of the injured and of available witnesses
shall be given by or for the insured to the Company or any of its
authorized agents as soon as practicable.
(b) If claim is made or suit is brought against the insured, the insured
shall immediately forward to the Company every demand, notice,
summons or other process received by him or his representative.
(c) The insured shall cooperate with the Company and, upon the Com-
pany's request, assist in making settlements, in the conduct of suits
and in enforcing any right of contribution or indemnity against any
person or organization who may be liable to the insured because of
injury or damage with respect to which insurance is afforded under
this policy; and the insured shall attend hearings and trials and assist
in securing and giving evidence and obtaining the attendance of wit-
nesses. The insured shall not. except at his own cost, voluntarily make
any payment, assume any obligation or incur any expense other than
for first aid to others at the time of accident.
5. Medical Reports; Proof and Payment of Claim. As soon as practicable
the insured person or someone on his behalf shall give to the Company
written proof of claim, under oath if required, and shall, after each re-
quest from the Company, execute authorization to enable the Company
to obtain medical reports and copies.of records. The injured person shall
submit to physical examination by physicians selected by the Company
MP 00 90 (Ed. 07 77)
when and as often as the Company may reasonably require, The Company
may pay the injured person or any person or organization rendering the
services and the payment shall reduce the amount payable hereunder for
such injury, Payment hereunder shall not constitute an admission of lia-
bility of any person or, except hereunder, of the Company.
6. Action Acainst Company. No action shall lie against the Company un-
less, as a condition precedent thereto,tllere shall have been full Com-
pliance with all of the terms of this policy. .oor until the amount of the
insured's obligation to pay shall have been finally determIned either by
judgment against the insured after actual trial or by written agreement of
the insured, the claimant and the Company,
Any person or organization or the legal representative thereof who has
secured such judgment or written agreement shall thereafter be entitled
to recover under this policy to the edent of the insurance afforded by this
policy, No person or organization shall have any right under this policy to
join the Company as a party in any action against the insured to determine
the insured's liability, nor shall the Company be impleaded by the insured
or his legal representative. Bankruptcy 01 insolvency of the insured or of
the insur....s estate shall not relieve the Company of any of its obligations
hereunder.' . ..
7. 0tIter IlISlIrance. The insurance afforded by this polity is primary in-
surance, except when stated to apply in excess of or contingent. upon the
absence of other insurance, When this insurance is primary and the in.
sured has other insurance which is stated to be applicable to the loss on
In fXC8SI or c6nl;.nt _50 the amount of the Company's liability under
ttlis policy shall-riOt be recfiiced by the existence of such other i n50 ranee.
When both this insurance and other insurance apply to the loss on the
same basis, whether primary, excess or contingent, the Company shall
not be liable under this policy for a greater proportion of the loss than that
stated in the applicable contribution provision below:
(a) Contribution by Equal Shares. If all of such other valid and collect-
ible insurance provides for contribution by equal shares. the Company
shall not be liable for a greater proportion of such loss than would be
payable if each insurer contributes an equal share until the share of
each insurer equals the lowest applicable limit of liability under any
one policy or the full amount of the loss is paid. and with respect to
any amount of loss not so paid the remaining insurers then continue
to contribute equal shares of the remaining amount of the loss until
each such insurer has paid its limit in full or the full amount of the
loss is paid,
(b) Contribution by limits. If any of such other insurance does not
provide for contribution by equal shares, the Company shall not be
liable for a greater proportion of such loss than the applicable. limIt
of liability under this policy for such loss bears to the total applicable
limit of liability of all valid and collectible insurance against such loss.
8. Annual Awecate, If this policy is issued for a period in excess of
one year, any limit of the Company's liability stated in this pOlicy as "ag-
gregate" shall apply separately to each consecutive annual period,
9. Nuclear Exclusion.
I. This policy does not apply:
(a) Under any liability Coverage, to bodily injury or property damage
(1) with respect to which an insured under this policy is also an
insured under a nuclear energy liability policy issued by Nuclear
Energy litbility Insurance Association, Mutual Atomic Energy
liability Underwriters or Nuclear Insurance Association of Canada,
or would be an insured under any such pOlicy but for its termina,
tion upon exhaustion of its limit of liability; or
(2) resulting from the hazardous properties of nuclear malerial
and with respect to which (i) any person or organization is re-
Quired to maintain financial protection pursuant to the AtomiC
Energy Act of 1954, or any law amendatory thereof. or (ii) the
insured is, or had this policy not been issued would be, entitled
to indemnity from the United States of America, or any agency
thereof, under any agreement entered into by the United States of
America, or any agency thereof, with any person or organization,
(b) Uftder any Medical Payments Coverage, or under any Supplemen-
tary Payments provision relating to first aid, to expenses incurred
with respect to bodily injury resulting from the hazardous properties
of nuclear material and arising out of the operation of a nuclear fa.
cility by any person or organization,
i
'.
Page 4 of 6
!
,
(
(
(c) Under any Liability coveragJ to JdilY injury or property damage
resulting from the hazardous properties of nuclear material, if
(1) the nuclear material (i) is at any nuclear facility owned by,
or operated by or on behalf of, an insured or (ii) has been dis-
charged or dispersed therefrom;
(2) the nuclear material is contained in spent fuel or waste at
any time possessed, handled, used, processed, stored, trans-
ported or disposed of by or on behalf of an insured; or
(3) the bodily injury or property damage arises out of the furn~
ishing by an insured of services, materials, parts or equipment
in connection with the planning, construction, maintenance,op-
eration or use of any nuclear facility, but if such facility is located
within the United States of America, its territories or possessions
or Canada, this exclusion (3) applies only to property damaee to
such nuclear facility and any property thereat.
II. As used in this exclusion
"hazardous properties" include radioactive, toxic or explosive prop-
erties;
"nuclear material" means source mllerial, special nuclear materill
or byproduct Rlaterlal; , . .
"source material", "special nuclear material", and "byprodud ma-
terial" have the meanings given them in the Atomic Energy Act of
1954 or in any law amendatory thereof;
"spent fuel" means any fuel element or fuel component..soIid or ----
liquid, which has been used or exposed to radiation in a .....
reactor;
't>
MP 00 90 (Ed. 07 77)
"waste" mlns al waste material (1) containing byproduct material
and (2) resulting from the operation by any person or organization
of any nuclear facility included within the definition of nuclear
facility under paragraph (a) or (b) thereof;
"nuclear facility" means
(a) any nuclear reactor,
(b) any equipment or device designed or used for (1) separat-
ing the isotopes of uranium or plutonium, (2) processing or
utilizing spent fuel, or (3) handling. processing or packaging waste,
(c) any equipment or device used for the processing, fabricat-
ing or alloying of special nuclear materill if at any time the total
amount of such material in the custody of the insured at the
premises where such equipment or device is located consists
of or contains more than 25.grams of plutonium or uranium 233
or any combination thereof, or more than 250 grams of uranium
235,
(d) any structure, basin, excavation, premises or place prepared
or used for the storage or disposal of waste,
and includes the site on which any of the foregoing is located, all
operations conducted on such site and all premises used for such
operations;
"nuclear reactor" means any apparatus designed or used to sustain
nuclear fission in a self-supporting chain reaction or to contain a
critical mass of fissionable material;|----.-----
.-."property . clamaee" includes all forms of radioactive contamination
of property.
Pace 5 of 6
DEJNIT~NS APPLICABLE TO SECTION II 1 I
tt
When used in the provisions applicable to Seelion II of this pOlicy (includ-
ing endorsements forming a part hereof):
"automobile" means a land motor vehicle, trailer or semitrailer designed
for travel on public roads (including any machinery or apparatus attached
thereto), but does not include mobile equipment;
"bodily injury" means bodily injury, sickness or disease sustained by any
person which occurs during the policy period, including death at any time
resulting therefrom;
"coll,apse hazard" includes "structural property damage" as defined
herein and property damage to any other property at any time resulting
therefrom, "Struelural property damage" means the collapse of or struc-
tural injury to any building or structure due to (1) grading of land, ex-
cavating, borrowing, filling, back-filling, tunneling, pile driving, cofferdam
work .~~ caisson wor~, ~r (2) moving, shoring, underpinning, raising or
demolition of any bUilding or structure or removal or rebuilding of any
structural support thereof, The collapse hazard does not include property
damage (1) arising out of operations performed for the IIIIlltd insured
b.y independent contractors, or (2) included within the completed opera-
bons hazard or the undercround property damage hazard, or (3) for which
liability is assumed by the insured under an incidental contract; . '
"completed operations hazard" includes bodily injury and property dam-
age arising out of operations or reliance upon a representation or warranty
made at any time With respect thereto, but only if .the bodily injury or prop-
erty damage occurs after such operations have been completed or aban-
doned and occurs away from premises owned by or rented to the named
insured. "Operations" include materials, parts or equipment furnished in
connection therewith, Operations shall be deemed completed at the earliest
of the following times:
(1) when all operations to be performed by or on behalf of the named
insured under the contract have been completed,
(2) when all operations to be performed by or on behalf of the named
insured at the site of the operations have been completed, or
(3) when the portion o~ th.e work out of which the injury or damage
arrses has been put to Its Intended use by any person or organization
other than anothe~ c?ntractor or subcontractor engaged in performing
operations for a prr nClpal as a part of the same project,
Operations which may require further service or maintenance work or
correction, repair or replacement because of any defect or deficiency' but
which are otherwise complete, shall be deemed completed. '
The completed operations hazard does not include bodily injury or prop-
erty damage arisi ng out of
(a) operations in connection with the transportation of property, un-
less the bodily injury or property damage arises out of a condition in
or on a vehicle created by the loading or unloading thereof,
(b) the existence of tools, uninstalled equipment or abandoned or
unused materials, or
(c) operations for which the classification stated in the policy or in
the company's manual specifies "including completed operations";
"elevator" means any hoisting or lowering device to connect floors or
landtngs. whether or not in service, and all appliances thereof including
any car, platform, shaft, hoistway, stairway, runway, power equipment
and machinery; but does not include an automobile servicing hoist, or a
hOl.st Without a platform outside a building if without mechanical power
or If not attached to building walls, or a hod or material hoist used in altera-
tion, construction or, demolition operations, or an inclined conveyor used
exclUSively for carrytng property or a dumbwaiter used exclusively for
carrYing property and havtng a compartment height not exceeding four feet;
"explosion hazard" i.ncludes property damage arising out of blasting or
explOSion, The explOSion hazard does not include property damage (1) aris-
Ing out of the explo~ion of air or steam vessels, piping under pressure,
prrme movers! machinery or power transmitting equipment, or (2) arising
out of operations performed for the named insured by independent con-
tractors, or (3) included within the completed operations hazard or the
underground property damage hazard, or (4) for which liability is assumed
by the insured under an incidental contract;
"incidental contract" means any written (1) lease of premises, (2) ease-
ment agreement, except in connection with construction or demolition
MP 0090 (Ed. 07 77)
operations on or .adjacent to a railroad, (3) undertaking to indemnify a
mUniCipality reqUired by municipal ordinance, except in conneelion with
work for the municipality, (4) sidetrack agreement, or (5) elevator mainte-
nance agreement;
"insured" means any person or organization qualifying as an insured in
the :'Persons Insured" pro~ision of the applicable insurance coverage,
Th~ In~rance affor~e~ applies separately to each insured against whom
claim IS made or SUit IS brought, except with respect to the limits of the
company's liability;
"mobile equipment" means a land vehicle (including any machinery or
apparatus att~ched th~reto~, whether or ~t s~lf-propelled, (1) not subject
to m~tor vehicle regIstration, or (2) maintained for use exclusively on
prem'~ owned ,by or rented to, the named insured, including the ways
Immedlltel,y adJolRlng, ,or (3) deSigned for use principally off public roads,
or (4) ,deSigned or maintained for the sole purpose of affording mobility
to equipment of the following types forming an integral part of or per-
mane~ly attached to such vehicle: power cranes, shovels, loaders, diggers
and drills; concrete mixers (other than the mix-in-transit type); graders,
scrapers, rollers and. other road construction or repair equipment; air-
co,:"~ressors, ,pumps, and generators. including spraying, welding and
~ulldll~ cleaRing equipment; and geophysical exploration and well servic-
Ing equipment;
"named insured" means the person or organization named in Item 1. of the
u _d~Ia!l_t~ns ofthis policy; u.. .
"named insur.ed'~ proctUcts'Lmeans goodS or products~~nuf~Ctured; sold,
h~ndled or ,dlstfl~uted by the n.amed insured or by other:s trading under
hiS name, including any container thereof (other than a vehicle) but
"named insured's products" shall not include a vending machine o~ any
property other than such container, rented to or located for use of others
but not sold;
"occurrence" means an accident, including continuous or repeated ex-
posure to conditions, which results in bodily injury or property damage
neither expected nor Intended from the standpoint of the insured;
"policy territory" means:
(1) the United States of America, its territor"ies or possessions, or
Canada, or"
(2) international waters or air space, provided the bodily injury or
~operty damage does not occur in the course of travel or transporta-
tion to or from any other country, state or nation, or
p.> anywhere in the world with respect to damages because of bodily
"'1ury or property damage arising out of a product which was sold for
use or consumption w~t~in the territory described in paragraph (1)
above, prOVided the onglnal suit for such damages is brought within
such territory;
"products hazard" includes bodily injury and property damage arising
out of the named insured's p.roducts or reliance upon a representation or
~arranty made at any time With respeel thereto, but only if the bodily in-
Jury or prope'!Y damage occurs away from premises owned by or rented
to the named Insured and after physical possession of such products has
been relinquiShed to others;
"property damage" means (1) physical injury to or destruction of tangible
property which occurs during the policy period, including the loss of use
thereof at any time resulting therefrom, or (2) loss of use of tangible prop-
erty which. has not been physically injured or destroyed provided such
loss of use IS caused by an occurrence during the policy period;
"underground property damage hazard" includes underground property
damage as defined herein and property damage to any other property at
any time resulting therefrom, "Underground property damage" means
pro~ damage to wires, conduits, pipes, mains, sewers, tanks, tunnels,
any Similar property, and any apparatus in connection therewith, beneath
the surface of the ground or water, caused by and occurring during the
use of mechaRlcal equipment for the purpose of grading land paving ex-
cavating, drilling, borrowing, filling, back-filling or pile driving: The u~er.
gr~nd property damage hazard does not include property damage (1)
arlSl1l& out of operations performed for the named insured by independent
contractor~, or, (2), in~luded within the completed operations hazard, or
(3) for whIch IlIblllty IS assumed by the insured under an incidental con.
tract.
I .
Page 6 of 6
I I
Peninsular Fire
.
INSURANCE COMPANY
In consideration of the premium charged, it is understood and agreed the deductible conditions of
this policy are deleted and replaced by the following:
MANDATORY DEDUCTIBLE CLAUSE
With respect to loss covered under this policy, this Company shall be liable
only when such loss in each occurrence exceeds $100.00 and then only for
the amount of such excess.
This deductible clause supercedes and replaces all other deductible clauses of
$100.00 or less applicable to Section I. It applies collectively per loss occur-
rence to all coverages under Section I includin~Li_~~!"~~covering Loss of
Earnings, Extra Expense or Loss of Rents; except it shall not be applicable to
any deductible provision contained in the Comprehensive Glass Coverage
Endorsement when attached to this policy.
This deductible clause shall not apply to Sections II and III of this policy.
FLORIDA ONLY
The following clause is applicable to all properties located in the Counties of Broward, Dade,
Martin and Palm Beach, and in all areas east of the West Bank of the Inter-Coastal Waterway in
the counties of Indian River and St. Lucie when this policy is extended to include the Extended
Coverage peril of Windstorm:
Windstorm Exterior Paint and Waterproofing Clause: It is hereby stipulated that coverage under
this' policy does not include damage caused in any manner by windstorm to paint or waterproofing
material, applied to the exterior of the buildings or structures covered hereunder. The value of paint
or waterproofing material shall not be considered in the determination of the amount of deductible
and the actual cash value when applying the Coinsurance Clause.
to
ALABAMA ONLY
II. The Loss Clause found in the Conditions Applicable to Section I, No. 21, is replaced by the fol-
lowing:
Unearned Premium Clause: If a loss is paid under this policy, the named Insured shall be indemnified
for loss of the pro rata unearned premium on the amount of such loss payment; however, the Com-
pany may elect by written notice within 60 days after time of loss to reinstate this policy in the
amount of such loss and, in consideration of such reinstatement, make no payment to the named
insured as otherwise provided by this clause.
Form GF #117 (B/BO)
~OJERTY AMENDATORY ENDORSElN'
Iiil
COINSURANCE CLAUSE REVISION
It is hereby understood and agreed that the coinsurance clause in the general condition is replaced by the following
clause:
The coinsurance provision does not apply unless a specific percentage indicated in the declarations.
1. The Company shall not be liable for a greater proportion of any loss to property covered than the limit of
liability under this policy for such property bears to the amount produced by multiplying the actual cash
value of such property at the time of the loss by the coinsurance percentage stated in the Declarations.
2. In the event that the aggregate claim for any loss is both less than $10,000 and less than 5% of the limit of
liability for all contributing insurance applicable to the property involved at the time such loss occurs, no
special inventory or appraisement of the undamaged property shall be required providing that nothing herein
shall be construed to waive the application of the first paragraph of this clause.
3. If insurance under Section I of this policy is divided into separate limits of liability, the foregoing shall apply
separately to the property covered under each such limit of liability.
SINKHOLE COLLAPSE
Subject to all of the provisions applicable to Section I, this policy is extended to insure against direct loss by sink-
hole collapse.
Sinkhole collapse is defined as only actual physical damage to the property indicated in the declarations arising out
of, or caused by, sudden settlement or collapse of 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.
There is no coverage under this endorsement for:
1. The value of land,
2. The cost of filling sinkholes,
3. Indirect or consequential loss, or
4. Loss of use.
Property Not Covered
Pavements, driveways, walkways, patios, swimming pools, retaining walls or other surface improvements.
Deductible
Such insurance as is afforded by this endorsement shall be subject to the deductible applying with respect to the
peril of fire.
Any provision of this policy which excludes loss due to earth movement or earth sinking is amended to be inappli-
cable to loss covered by this endorsement.
EARTHQUAKEEXTEN~ON
Subject to all the provisions applicable to Section I, this policy is extended to insure against direct loss by Earthquake
but only for the limit of liability shown in the policy declarations for the designated premises, as respects to the
property covered.
If more than one Earthquake shock shall occur within any period of seventy-two hours during the term of this en-
dorsement, such Earthquake shocks shall be deemed to be a single Earthquake. This Company shall not be liable
for any loss caused by any Earthquake shock occurring before the effective date and time of this endorsement,
nor occurring after the expiration date and time of this policy.
POOOl (3-82)
F-518
Page 1 of 4
1 I EARTHQUAKE EXTENSION
I ,
DEDUCTIBLE CLAUSE
This Company shall not be liable for loss unless such loss exceeds five (5) percent of the actual cash value of su<:h
premises at the time when such loss shall happen, and then only for its proportion of such excess.
This deductible shall apply to: (a) each separate building or structure, (b) the contents of each separate building or
structure, and (c) property in the open at each premises. "
This deductible shall supersede any other deductible in this policy as respects the peril of Earthquake.
This deductible shall not apply to insurance covering Business Interruption, Tuition Fees, Extra Expense, Additional
Living Expense, Rent or Rental Value or Leasehold Interest.
GENERAL EXCLUSIONS
1. OTHER INSURANCE CLAUSE: This Company 3. PERILS NOT INSURED AGAINST:
shall not be liable for loss by Earthquake to property a. This Company shall not be liable by this Earth-
which is more specifically covered in whole or in part by quake Extension Endorsement for loss caused by,
this or any other contract of insurance, except for the resulting from, contributed to or aggravated by fire,
amount of loss which is in excess of the amount due explosion, flood, surface water, mudslide, mudflow
from such more specific insurance after application of waves~:-trdarwater or tidal wave, overflow of streams
the above Deductible Clause to the entire loss. or other bodies of water, or spray from any of the
foregoing, whether or not attributable to Earth-
quake.
b. Nuclear Exclusion-(Not applicable in New York):
Loss by nuclear reaction or nuclear radiation or
radioactive contamination, all whether controlled
or uncontrolled, or due to any act or condition
incident to any of the foregoing, is not insured
against by this endorsement, whether such loss
be direct or indirect, proximate or remote, or be in
whole or in part caused by, contributed to, or
aggravated by Earthquake.
2. MASONRY VENEER CLAUSE: This Company
shall not be liable for any loss to exterior masonry
veneer (other than stucco) on wood frame walls and the
value o,f such veneer shall not be considered in the
determination of the actual cash value when apply-
ing the Deductible and Coinsurance Clauses.
This Clause is not applicable (a) where less than 10% of
the total exterior wall area is faced with masonry
veneer, nor (b) when voided on the first page of this
policy or by endorsement.
OTHER PROVISIONS
1. APPORTIONMENT OF LOSSCLAUSE: In the event
of loss to any unit of insurance in excess of the De-
ductible amount, this Company shall be liable for no
greater proportion of such excess than (a) the propor-
tion of liability of this Company for loss under this
Earthquake Extension Endorsement as determined by
the Co-insurance Clause attached to this policy, or (b)
for a greater proportion of such excess than the amount
provided by this Earthquake Extension Endorsement
shall bear to all Earthquake insurance, whether col-
lectible, or not.
2. FOUNDATIONS AND EXCAVATIONS: When this
Earthquake Extension Endorsement covers building(s),
it shall cover direct loss by Earthquake to foundations,
excavations ~nd all other portions of the building.
3. This Earthquake Extension Endorsement does not
increase the amount(s) of insurance provided in this
policy.
4. PROVISIONS APPLICABLE ONLY WHEN THIS
POLICY COVERS BUSINESS INTERRUPTION, TUI-
TION FEES, EXTRA EXPENSE, ADDITIONAL
P0001 (3-82)
LIVING EXPENSE, RENT OR RENTAL VALUE,
LEASEHOLD INTEREST OR OTHER CONSEQUEN-
TIAL LOSS: (a) The term "direct", as applied to loss,
means loss, as limited and conditioned in this policy, re-
sulting from direct loss to described property by Earth-
quake. If the business of the owner or tenant(s) of the
described building(s) is interrupted by a strike at the
described location, this Company shall not be liable for
any loss due to interference by any person(s) with re-
building, repairing or replacing the property damaged or
destroyed or with the resumption or continuation of
business.
(b) Waiting Period Deductible: The following Deductible
Clause does not apply to building(s) of four (4) stories or
less in height.
No liability shall exist for any loss from interruption of
business, or untenantability of the premises unless the
determined period of interruption or untenantability
exceeds 168 hours, and then liability shall exist only for
such part of the loss that is incurred for the determined
period in excess of such 168 hours.
Page 2 of 4
I I
I I
SUBJECT TO ALL CONDITIONS AND PROVISIONS APPLICABLE TO SECTION IOF THIS POLICY THE FOL-
LOWING COVERAGE APPLIES:
LOSS OF INCOME
This policy covers the actual business loss sustained by the insured and the expenses 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 sus-
tained by the insured shall not exceed:
1. the reduction in gross earnings, less charges and expenses which do not necessarily continue during the inter-
ruption of business; and
2. the reduction in rents, less charges and expenses which do not necessarily continue during the period of un-
tenantability .
The actual business loss sustained shall not include charges and expenses which do not necessarily continue during the
interruption of business or during the untenantability of the premises.
Loss of income shall be payble for only such length of time as would be required to resume 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 re-
sulting from the interruption of business:
1. by complete or partial resumption of operation of the property herein described, 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 intol'>account in arriving at the amount of loss hereunder.
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 continuation of business; or
2. the suspension, lapse or cancellation of any lease, license, contract or order unless such suspension, lapse or can-
cellation results directly from the interruption 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.
PODOl (3-82)
Page 3 of 4
I I
I I
SUBJECT TO ALL CONDITIONS AND PROVISIONS APPLICABLE TO SECTION I OF THIS POLICY THE
FOLLOWING EXTENSIONS OF COVERAGE APPLY. THE COINSURANCE CLAUSE, IF ANY, SHALL NOT
APPLY TO LOSS UNDER THESE EXTENSIONS OF COVERAGE.
SIGNS
The insured may apply up to $1,000. as an additional amount of insurance in anyone occurrence to cover all loss or
damage to exterior signs which are the property of the insured or property of others in the care, custody or control of
the insured all while located at the designated premises. Direct physical loss resulting from wear and tear, latent
defect, corrosion or rust, or mechanical breakdown are excluded.
ACCOUNTS RECEIVABLE
The insured may apply up to $2,000. as an additional amount of insurance in anyone occurrence to cover all loss of
or damage to the insured's records of accounts receivable~-occurrlngduringthe policy period, except as hereinafter
provided.
Subject of insurance:
1. all sums due the insured from customers, provided
the insured is unable to effect collection thereof as
the direct result of loss of or damage to records of
accounts receivable;
2. interest charges on any loan to offset impaired
collections pending repayment of such sums made
uncollectible by such loss or damage;
3. collection expense in excess of normal collection
cost and made necessary because of such loss or
damage; and
4. other expenses, when reasonably incurred by the
insured in re-establishing records of accounts re-
ceivable following such loss or damage.
Accounts Receivable Coverage will apply only while the
records of accounts receivable are contained in the in-
terior of that portion of the building at the location
occupied by the insured for business purposes de-
scribed in the Declarations. However, coverage will
also apply while the records of accounts receivable are
being removed to and while at a place of safety because
of imminent danger of loss or damage, and while being
returned from such place, provided the insured gives
written notice to the Company of such removal within
ten days thereafter.
POOOl (3.82)
The Company shall not be liable for Accounts Receivable
loss:
1. due to any fraudulent, dishonest or criminal act by
any insured, a partner therein, or an officer, director
or trustee thereof, while working or otherwise and
whether acting alone or in collusion with others;
2. due to bookkeeping, accounting or billing errors or
omissions;
3. the proof of which as to factual existence, is depend-
ent upon an audit of records or an inventory com-
putation; but this shall not preclude the use of such
procedures in support of claim for loss wh ich the
insured can prove through evidence wholly apart
therefrom, is due solely to loss to records of accounts
receivable not otherwise excluded hereunder;
4. due to alteration, falsification, manipulation, con-
cealment, destruction or disposal of records of
accounts receivable committed to conceal the wrong-
ful giving, taking, obtaining or withholding of
money, securities or other property but only to the
extent of such wrongful giving, taking, obtaining or
withholding; or
5. due to electrical or magnetic injury, disturbance or
erasure of electronic recordings, except by lightning.
Page 4 of 4
COINSURANCE CONTRACT
$
I
. SPECIAL MUL TI.PERIL P<>aICY
IECTION I-SPECIAL PERSONAL PR,PErI'y FORM
I. PROPERTY COVERED
MP 00 14
(Ed. 05 81)
PERSONAL PROPERTY OF THE INSURED: Business personal property
owned by the insured and usual to the occupancy of the insured, including
the insured's interest in personal property owned by others to the extent
of the value of labor, materials and charges furnished. performed or in,
curredby the insured; all while (1) in or on the building(s), or (2) in the
o~en (including within vehicles) on or within 100 feet of the designated
premises.,"":"
I ,.r.". .
This coverage shallalsoinciude Tenant's Improvements and.Betterments,
meaning the insured's use interest in fixtures, alterations, Installations
or additions constituting a part of the building(s} occupied but not owned
by the insured and made or acquired at the expense of the insured exclu-
sive of rent paid by the insured, but which are not legally subject to are.
moval by the insured.
I' '<'.' '_.:i <:
PERSONAL PROPERTY OF OTHERS: This insurance shall cover for the
account of the owner(s) (other than the named insured) personal prop-
erty belonging to others in the care, custody or control of the insured,
while (1) in or on the building(s). or (2) in the open (including within vehi,
cles) on or within 100 feet of the designated premises,
loss shall be adjusted with the named insured for the account of the
owners of the property, except that the right to adjust any loss with the
owners is reserved to the Company and the receipts of the owners in
satisfaction thereof shall !Ie in full satisfaction of any claim by the named
i~sured for which payments have been made.
.~ :;:h-:! ,:;:~" .' II. PROPERTY NOT COVERED
Thi.'spol" "~"!.._-..not' ~_'.' ;, ..'H "'."" .~ ;.,. ., ..'!........~;,-,; .;".;' ,
,...," ..~ ~.~..""'''' .. ".::,.;~ :,',:r...:';;.::. _:;~ ;,~:!JI;lll :.t' .'),,:.'~,... ' 't, Aircraft., ",~:,,;,~.
. ....;.. j, -"'" ',.. '. '; ~,
lProperty ,sold by the-. insured under conditional sale, trust' agreement, 2, Watercraft. .. including motors. equipment and accessories,
installm8llt payment or other deferred payment plan,' after delivery to while not afloat; or. 1 .' ';.' ,
customer$. 1:':; ."c' " .
. ~.i.. . .. , 3. Automobiles, trailers. semHrailers or any self.propelled vehi-
B, Aircraft: watercraft. including motors, equipment and accessories (ex, c1es or machines,
f:Voa:oa::'~~::~~o:imo~t=:S an:. ~t~~~::~l;:~L C. Per~nal proper1v ~l'il~w.at~rborn~":~;)l ~.A",'.,," ,"",';L",k ;;
des or macbinu;'~cept. slldl property riot'licensed for VsnJfflRlblit' D: Household i1l1d personal effects contained in living quarters occupied
thoroughfares; and operated principally on the premises of the insured, by the insured. any officer, director, stockholder or partner of the insured
This provisiori'does not apply to the following types of property when held or relatives of any of the foregoing, except as provided in the Extensions
for sale or sold but not delivered: of Coverage,
1. Watercraft (in'luding motors. equipment and accessories) E, Accounts, bills, currency, deeds, evidences of debt. money and securi.
while not afloat; ties,
2. Motorcycles. motorscooters and snowmobiles: or F, Outdoor signs, whether or not attached to a building or structure.
3. Trailers designed for use with private passenger vehicles for G, Growing crops and lawns,
general utility purposes or carrying boats, H. Property which is more specifically covered in whole or in part by this
This provision does not apply to the following types of property when or any other contract of insurance. except for the amount of loss which is
manufactured. processed or warehoused by the insured:' . in excess of the amount due from such more specifir. insurance.
; 'J :~ IJf '
III. PROPERTY SUBJECT TO LIMITATIONS
The loIlowine property is subject to these additional limitations:
1. Except for loss caused by the "specified perils": '.
(a) Fur and fur garments are covered for not exceeding loss
in the aggregate of $1,000 in anyone occurrence for all
contributing insurance,
(b) 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 for all contributing Insurance, This limita-
tion shall not apply to jewelry and watches valued at $25
or less per item.
to
(c) Patterns. dies, molds, models and forms are covered
for not exceeding loss in the aggregate of $1.000 in anyone
occurrence for all contributing insurance.
(d) Stamps. tickets and letters of credit are covered for
not exceeding loss In aggregate of $250 in anyone occur-
rence for all contributing Insurance,
2, Valuable papers and records meaning books of account. manu.
scripts, abstracts, drawings, card index systems and other records
including film. tape, disc. drum. cell and other magnetic recording
or storage media for electronic data processing. are covered only
against loss caused by the "specified perils",
MP 00 14 (Ed. 05 81)
3. Animals and pets are not covered. except when held for sale or
sold but not delivered, and then only against death or destruction
directly resulting from or made necessary by the "specified perils",
4. Outdoor trees, shrubs and plants are not covered, except: (a)
when held for sale or sold but not delivered, and then only against
direct loss by the "specified perils", or (b) as provided in the
Extensions of Coverage.
5. Glass, glassware, statuary, marbles, bric-a,brac, porcelains and
other articles of a fragile or brittle nature are covered against loss
by breakage only if directly caused by the "specified perils". 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 instruments,
6, Steam boilers, steam pipes. steam turbines and steam engines
are not covered against loss caused by bursting, rupture, cracking
or explosion originating therein (other than explosion of accumu-
lated gases or unconsumed fuel within a fire box or combustion
chamber).
], Machines and machinery are not covered against loss caused
by rupture, bursting or disintegration of their rotating or moving
parts resulting from centrifugal or reciprocating force.
The term "specified perils" shall mean direct loss by fire, lightning, air,
craft. explosion, riot. civil commotion, smoke, vehicles, windstorm or
hail to property contained in any building, vandalism and malicious mis.
chief, leakage or accidental discharge from automatic fire protective
systems,
Pace 1 of 3
"
. I -- IV. EXTENSIONS OF, COVERA~EII, ..
Each of the limits of liability specified for tne following Extensions of Coverage applies as an addItional amount of Insurance, The COinsurance Clause shall
not apply to loss under the Extensions of Coverage,
The total amount recoverable under the Extensions of Coverage in this form and Extensions of Coverage in any other form made a part of this policy are
not cumulative and shall not exceed the largest amount recoverable under any single form made a part of this policy,
When, in accordance with the other Insurance condition, there is Contributing Insurance, the Company shall not be liable for more than its pro rata share
of the limits set forth in the following Extensions of Cover ace, :
A, Property at Newly Acquired Locations: The insured may apply up to restore books 01 account, manuscripts, abstracts, drawings, card
10% of the limit of liability specified lor Personal Property of the Insured, index _systems, film, tape, disc, drum, cell and other magnetic
but not exceeding $10,000, to cover direct loss in anyone occurrence by a recording or storage media lor eleelronic data processing, and
peril not otherwise excluded to such property at any location (except other records that have been damaged by a peril not otherwise
fairs and exhibitions) acquired by the insured for similar occupancies or eicluded, except cost in excesS of the normal cost 01 such repair,
warehousinll purposes, elsewhere than at the designated 'premises within replacement or restoration necessarily incurred lor the purpose
the territorial limits of this policy: This coverage shall cease 30 days from of reducing the total amount 01 extra expense. In no event shall
the date of such acquisition or on the date values at such locations are such excess exceed the amoulltby which the total extra expense
reported to the Company, or on the expiration date ofthe policy, whichever otherwise payable under this Extension of Coverage isre~~ced; or.
occurs first. Additional premium shall be due and payable for values so 3. any other consequential or remote loss,
reported from the date the property is acquired,
, . F. Damage to Buildings Irom Theft, Burglary or Robbery: This policy in.
8, Personal Effects: The insured may apply up to $500 to cover direct loss'; cludes loss (except by fires or explosion) to that part. of the building oc:
in anyone occurrence by the perils not otherwise excluded to personal cupied by the insured and contaming property coVered: and to equipment
effects while located on the designated premises, belonging to the insured, therein pertaining to the service of the building but not building property
officers, partners at employees thereof, and limited to $100 on personal or equipment removed from premises, directly resulting from theft,
effects owned by anyone individual, This Extension''Of Coverage does not burglary or robbery (including attempt thereat), provided the insured is
apply if the loss is covered by any other insurance, whether collectible or the owner of such building or equipment oris liable for such damage, but
not, or which would have been covered by such other Insurance In the in no event shall this coverage apply to glass (other than glass building
absence of this policy, At the option of the}ompanyt' ,loss ,underdth.ls u.' . blocn) ort!~ny!!..tte~ngor ornamentation thereon:.. ~~lr~ ~,~i~; ,;~ ; "i' '~,:
tension of Coverage may be adjusted with anu payable 0 the Insure . .-
Go Transportation: The insured may apply up to $1,000 to cover insured
C, Valuable Papers and Records: The insured may apply up to $500 to personal property (other than property in the care, custody or rontrol of
cover direct loss in anyone occurrence by a peril not otherwise excluded salesmen) during transportation by motor vehicles owned, leased or oper.
to valuable papers and records consisting of books of account, manu- ated by the insured for loss in anyone occurrence caused by:
scripts, abstracts, drawings, card index systems, film, tape, disc, drum,
cell and other magnetic recording or storage media for electronic data 1. fire, lightning, windstorm and hall, explosion, smoke, riot. riot
processing, and other records, all the property of the insured at designated attending a strike and civil commotion, vandalism and malicious
premises, This Extension of Coverage covers only the cost of research and mischief; or
other expense necessarily incurred by the insured to reproduce, replace 2, collision, overturning or upset of the vehicle; meaning thereby
or restore such valuable papers and records, The total amount payable the violent and accidental contact of the vehicle conveYing the
in anyone occurrence under this Extension of Coverage shall not exceed property deScribed herein with any- other vehicle or object exclud-
the limit specified above, regardless of the number of premises designated ing any loss or damage done by coming in contael with any portion
in the Declarations, of the road bed or by means other than as expressly indicated: or
D. Outdoor Trees, Shrubs and Plants: The insured may apply up to 3. theft of an entire shipping bale, case or package from a vehicle
$1,000 to cover outdoor trees, shrubs and plants at the designated while such property is contained in a fully enclosed and securely
premises aeainst direct loss in anyone occurrence by the perils of fire, locked body or compartment and theft results from forcible entry,
liahtnine, explosion, riot, civil commotion or aircraft, but only to the evidenced by visible marks upon such body or compartment.
extent such perils are insured against herein. The Company shall not
be liable for more than $250 on anyone tree, shrub or plant, including H. Non-Ownecl Personal Property: The insured may apply at each loca-
expense incurred for removing debris thereof. tion up to 2% of the limit of liability specified for Personal Property of
the Insured at such location, but not exceeding $2,000, as an additional
l Extra Expense: The insured may apply up to $1.000 to cover the amount of insurance, to cover for the account of the owners thereof
necessary extra expense incurred by the insured in order to continue as (other than the named insured) direct loss by a peril insured against
nearly as praelicable the normal operatIons of the Insured's business to personal property, similar to that covered by this policy, belonging
immediately following damage by p peril not otherWise excluded under this to others while in the care, custody or control of the named insured and
form to the buildings or personal property situated at the deSignated all while (1) in or on the building(s), or (2) in the open (including within
prem ises, vehicles) on or within 100 feet of the designated premises,
"Extra expense" means the excess of the total cost incurred during the Loss shall be ad lusted with the named insured for the account of the
period of restoration chargeable to the operatIOns of the insured's bUSiness owners of the property, except that the right to adjust any loss With the
over and above the total cost that would normally have been incurred to owners IS reserved to the Company and the receipts of the owners In
conduct the business during the same period had no loss occurred. Any salisfaclion thereof shall be In full satisfaction of any claim by the named
salvage value of property obtained for temporary use during the period of insured for which payments have been made As respects personal property
restoration, which remains after the resumption of normal operallons, bel~nging to others, this proviSion shall replace any loss payable provIsion
shall be taken into consideration in the adjustment of any loss hereunder. of this policy.
"Period of restoration" means that period 01 lime, commencing With the I. Off-Premises: The insured may apply up to 2% of the limit of liability
date of damage and not limited by the date of expiration of thiS POliCY, as specified for Personal Property of the Insured, but not exceeding $5,000
would be reqUired WIth the exercise of due dilIgence and dispatch to repair, nor less than $1,000, at a described location to cover direct loss in any
rebuild or replace such part of said buildings or personal property as have one occurrence by a peril not otherwise excluded to the property covered
been damaged, under Personal Property of the Insured (other than merchandise or
The Company shall not be liable under this Extension of Coverage for: stock) while removed from designated premises, This Extension of Cov-
1. loss of income; erage shall not apply: (a) to loss by theft, (b) to property in transit nor
2, the cost of repairing or replacing any of the described property, (c) to property on any premises owned, leased, operated or controlled
or the cost of research or other expense necessary to replace or by the insured,
V. PERILS INSURED AGAINST
This policy insures acainst all risks of direct physical loss subject to the provisions and stipulations herein and in the policy of which this form is made a
part.
MP 00 14 (Ed, .05 81)
Page 2 of 3
EXCLUSIONS I
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 combustIOn 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, voluntary parting with title or possession of any property by
the insured or others to whom the property may be entrusted if
induced to do so by any fraudulent scheme, trick, device or false
pretense;
10, any fraudulent, dishonest or criminal act done by or at the
instigation of any insured, partner or joint adventurer in or of
any insured, an officer, director or trustee of any insured; pil-
ferage, appropriation or concealment of any property covered due
to any fraudulent, dishonest or criminal act of any employee while
working or otherwise, or agent of any insured, or any person to
whom the property covered may be entrusted;
11. continuous or repeated seepage or leakage of water or steam
from within a plumbing, heating or air conditioning system or
from within a domestic appliance which occurs over a period of
weeks, months or years; or
12, rain, snow or sleet to property in the open,
I VI.
A, This policy does not insure u~er this form against loss caused by:
1. enforcement of any ordinance or law regulating the use, con-
struction, repair, or demolilion of property, including debris re-
moval expense;
2, unexplained or mysterious disappearance of property, or short-
age of property disclosed on taking inventory;
3. actual work upon, installation or testing of property covered,
failure, breakdown or derangement of machines or machinery,
error, omission or deficiency in design, specifications, workman-
ship or materials; unless loss by fire or explosion not otherwise
excluded ensues and then the Company shall be liable for only such
ensuing loss;
4, any electrical injury or disturbance to electrical appliances, de-
vices, fixtures or wiring caused by electrical currents artificially
generated unless lire as insured against ensues, and then this
Company shall be liable for only loss caused by the ensuing lire;
5,Ieakage 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 unoccupied, 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 unoccupancy;
6, delay, loss of market, interruption of business, nor consequen.
tialloss of any nature~ _ _ ---- - - - __-H__
7, (a) wear and tear, marring or scratching;
(b) deterioration, inherent vice, latent defect;
(c) rust, mold, wet or dry rot, contamination;
(d) dampness or dryness of atmosphere, changes in or
extremes of temperature;
(e) smog, smoke from agricultural smudging or industrial
operations; or
(I) birds, vermin, rodents, insects or animals;
unless loss by fire, smoke (other than smoke from agricultural
smudging or industrial operations), explosion, collapse of a build-
ing, 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 required to effect repairs to the plumbing, heat.
ing or air conditioning system or domestic appliance but excluding
loss to the system or appliance from which the water escapes;
8, explosion of steam boilers, steam pipes, steam turbines or
steam engines (except direct loss resulting from the explosion of
8.-fhjs-puliq::dDesnot insure under this form against loss caused directly
or indirectly by the interruption of power or other utility service furnished
to the designated premises if the interruption takes place away from the
designated premises, If a peril insured against ensues on the designated
premises, this Company will pay only for loss caused by the ensuing peril.
C, This policy does not insure under this form against loss caused by,
resulting from, contributed to or aggravated by any of the following:
1. earth movement, including but not limited to earthquake, land-
slide, mudflow, earth sinking, earth rising or shifting;
2, flood, surface water, waves, tidal water or tidal waves, overflow
of streams or other bodies of water, or spray from any of the fore,
going, all whether driven by wind or not;
3. water which backs up through sewers or drains; or
4, water below the surface of the ground including that which
exerts pressure on or flows, seeps or leaks through sidewalks,
driveways, foundations, walls, basement or other floors, or through
doors, windows or any other openings in such sidewalks, drive-
ways, foundations, walls or floors;
unless fire or explosion as insured against ensues, and then this Com,
pany shall be liable for only ioss caused by the ensuing fire or explosion;
but these exclusions shall not apply to loss arising from theft.
VII. VALUATION
The following bases are established for valuation of property:
A, The value of all stock actually sold but not delivered shall be the price
at which it was sold, less all discounts and uOl0Curred expenses.
B, Tenants' Improvements and Betterments:
1. If repaired or replaced at the expense of the named insured
within a reasonable time after loss, the actual cash value of the
damaged or destroyed improvements and betterments.
2. If not repaired or replaced within a reasonable time after loss,
that proportion of the original cost at time of installation of the
damaged or destroyed property which the unexpired term of the
lease or rental agreement, whether written or oral, in effect at the
time of loss bears to the periodS from the dates such improve-
ments or betterments were made to the expiration date of the lease,
3. If repaired or replaced at the expense of others for the use of
the named insured, there shall be no liability hereunder,
MP 00 14 (Ed. 05 81)
C, Valuable Papers and Records:
1. Books of account, manuscripts, abstracts, drawings, card
index systems and other records (except film, tape, disc, drum,
cell and other magnetic recording or storage media for electronic
data processing) for not exceeding the cost of blank books, cards
or other blank material plus the cost of labor incurred by the
named insured for transcribing or copying such records,
2, Film, tape. disc, drum, cell and other magnetic recording or
storage media for electronic data processing for not exceeding the
cost of such media in unexposed or blank form.
0, All other property at actual cash value at the time of loss, but not ex-
ceeding the amount which it would cost to repair or replace the property
with material of like kind and quality within a reasonable time after such
loss, nor in any event for more than the interest of the named insured,
Page 3 of 3
m:~
I
II
GL 21 16
(Ed, 07 66)
This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein
(The following information is required only when this endorsement is issued subsequent to preparation of policy,)
Endorsement effective Policy No. SMP 815 43 47 Endorsement No.
Named I nsu red
Bruce Littler, Inc.
Cou ntersigned by
(Authorized Representative)
Peninsular Fire Insurance Com an
This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following:
COMPREHENSIVE GENERAL LIABILITY INSURANCE
MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE
OWNERS, LANDLORDS AND TENANTS LIABILITY INSURANCE
EXCLUSION
(Malpractice anct Pl'ofnsicmfServices)
(Form C)
It is agreed that with respect to any operation described below or designated in the policy as subject to this endorsement, the insurance does not apply to
bodily injury or property damage due to the rendering of or failure to render any professional service.
I Description of Operations:
Real Estate Office
GL 21 16 07 66
<m
1
I
GL 22 19
(Ed, 01 74)
This endorsement forms a part of the policy to which attached. effective on the inceptIOn date of the policy unless otherwise stated herein.
(The following information is required only when this endorsement is issued subsequent to preparation of policy,)
Endorsement effective Policy No, SMP 815 43 47 Endorsement No,
Named Insured
Bruce Littler, Inc.
Cou ntersigned by
(Authorized Representative)
Peninsular Fire I
This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following:
COMPREHENSIVE GENERAL LIABILITY INSURANCE
MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE
REAL ESTATE AGENTS
- - - .-.----------.-
It is agreed that the insurance applies only to bodily injury or property damace arising out of the ownership, maintenance or use of:
(1) such part of any premises used by the insured for general office purposes, and
(2) premises listed with the insured for sale or. rental, provided that such premises are not owned, operated, managed by, rented to, or in the care, custody
or control of the insured, or as to which the insured acts as agent for the collection of rents or in any supervisory capacity.
GL22 19 01 74
tl
of l
SECTION II LIABILITY COV1RAGE
<n:: .
. .
..
i
MP 00 93
(Ed, 07 77)
SPECIAL MULTI-PERil POLICY LIABILITY INSURANCE
(
BODilY INJURY LIABILITY
PROPERTY DAMAGE LIABilITY
I. The Company will pay on behalf of the insured all sums which the in-
sured shall become legally obligated to pay as damages because of
bodHy in;ury or "
property dam.
to which this insurance applies, caused by an occurr.... and arising out of
the ownership, maintenance or use of the inIIred premises and aU opera-
tions necessary or incidental to the business of the named iAsured con-
ducted.1t or from the iIIsured premises, and the company shall have the
right and duty to defend any suit against the tnsared seeking damages on
account of such Wiy injury or property d_1I1, even if any of the allega-
tions of the suit are groundless, false orfnludulent; and may mallesuch
investigatioll and settlement of anj Claim or.it as it deelIls expedient but
the company shaH not be obligated to pay any cfainl or judglnent or to de-
fend any suit after the applicable limit of the company's liability has been
exhausted by payment of judgments or settlements., .' ' , : . ,
Exclusions
This ,insurance~~~2~aI!PJ,y;_~~~'W~Jjf~, :;,ii~1,
(a) to liability assumed by the Insured u~er any ccintract or .,eement
except an incidental contract; but this exclusion does 'not"apply 10 a
warranty of fitness or quality of the IIIIIltCI insured's preducts or a
warranty that work performed by or on behalf of the IIIIIIId insured will
be done in a workmanlike manner;
(b) to bodily injury or property damace arising out of the ownership,
maintenance, operation, use, loading or unloading of
(1) any automobile or aircraft owned or operated by or rented or
loaned to any insured, or
(2) any other automobile or aircraft operated by any person in the
course of his employment by any insured;
but this exclusion does not apply to the parking of an automobile on
insured premises, if such automobile is not owned by or rented or
loaned to any insured;
(c) to bodily injury or property damace arising out of (1) the ownership,
maintenance, operation, use, loading or unloading of any mobile .ip-
ment while being used in any prearranged or organized racing, speed or
demolition contest or in any stunting activity or in practice or prepara-
tion for any such contest or activity or (2) the operation or use of any
snowmobile or trailer designed for use therewith;
(d) to bodily injury or property damace arising out of and in the course of
the transportation of mobile equipment by an automobile owned or
operated by or rented or loaned to any insured;
(e) to bodily injury or property damace arising out of the ownership,
maintenance, operation, use, loading or unloading of
(l) any watercraft owned or operated by or rented or loaned to any
insured, or
(2) any other watercraft operated by any person in the course of his
employment by any insured;
but this exclusion does not apply to watercraft while ashore on prem-
ises owned by, rented to or controlled by the named insured;
(I) to bodily injury or property damage arising out of the discharge,
dispersal, release or escape of smoke, vapors, soot, fumes, acids, alka-
lis, toxic chemicals, liquids or gases, waste materials or other irritants,
contaminants or pollutants into or upon land, the atmosphere or other
water course or body of water; but this exclusion does not apply if such
discharge, dispersal, release or escape is sudden and accidental;
(g) to bodily injury or property dam., arising out of operations on or
from premises (other than insured premises) owned by, rented to or
controlled by the named insured, or to liability assumed by the insured
under any contract or agreement relating to such premises; . .
(h) to bodily injury or property damace for which the insured or his
indemnitee may be held liable
(1) as a person or organization engaged in the business of manufac-
turing, distributing, selling or serving alcoholic beverages, or
MP 00 93 (Ed. 07 77)
(2) if not so engaged, as an owner or lessor of premises used for
such purposes, if such liability is imposed
(i) by, or because of the violation of, any statute, ordinance or regu-
lation pertaining to the sale, gift. distribution or use of any alco-
holic beverage, or
(ii) by reason of the selling, serving or giving of any alcoholic bev-
erage to a minor or to a person under the influence of alcohol or
which causes or contributes to the intoxication of any person;
but part (ii) of this exclusion does not apply with respect to liability
. of the Insured or his indemnitee as an owner or lessor described
in (2) above;
(i) to any obligation for which the _red or any carrier as his insurer
may be held 1~b1e under any workmen's compensation, unemployment
'cempensation or disability benefits law, or under any similar law;
(j) to bodily injury to any employee of the insured arising out of and
in the course of his employment by the insured or to any obligation of
the insured to indemnify another because of damages arising out of
such injury; but this exclusion does not apply to liability assumed by
the insured under an incidental contI'ad;
..i<'l~".....,adllitto ",,~.;t1;t:-1;I O,! '";:''' '
. (1) property owned or occupied by or rented to the insured,
(2) property used by the insured, or
(3) property in the care, custody or control of the insured or as to
which the insured is for any purpose exercising physical control;
but parts (2) and (3) of this exclusion do not apply with respect to
liability under a written sidetrack agreement and part (3) of this
exclusion does not apply with respect to property damage (other
than to elentors) arising out of the use of an elevator at premises
owned by, rented to or controlled by the named insured;
(I) to property damage to premises alienated by the named insured aris-
ing out of such premises or any part thereof;
(m) to loss of use of tangible property which has not been physically in-
jured or destroyed resulting from
(l) a delay in or lack of performance by or on behalf of the named
insured of any contract or agreement. or
(2) the failure of the named insured's products or work performed
by or on behalf of the named insured to meet the level of perform-
ance, quality, fitness or durability warranted or represented by the
named insured;
but this exclusion does not apply to loss of use of other tangible prop-
erty resulting from the sudden and accidental physical injury to or
destruction of the named insured's products or work performed by
or on behalf of the named insured after such products or work have
been put to use by any person or organization other than an insured;
(n) to property damage to the named insured's products arising out
of such products or any part of such products; t>
(0) to property damace to work performed by or on behalf of the named
insured arising out of the work or any portion thereof, or out of mate-
rials, parts or equipment furnished in connection therewith;
(p) to damages claimed for the withdrawal, inspection, repair, replace-
ment, or loss of use of the named insured's products or work com-
pleted by or for the named insured or of any property of which such
products or work form a part, if such products, work or property are
withdrawn from the market or from use because of any known or sus-
pected defect or deficiency therein;
(q) to bodily injury or property damage due to war, whether or not de-
clared, civil war, insurrection, rebellion or revolution or to any act 01
condition incident to any of the foregoing, with respect to
(1) liability assumed by the insured under any incidental contract. 01
(2) expenses for first aid under the Supplementary Payments pro.
vision;
(r) to bodily injury and property damage arising out of demolition op
erations performed by or on behalf of the insured.
Page 1 of
,(s) to property damage included witlin: . ..
(1) the explosion hazard in connectIOn with operations identified in
this policy by a classification code number which includes the sym-
bol "x",
(2) the collapse hazard in connection with operations identified in (1) all property damage arising out of premises or operations rated
this policy by a classification code number which includes the sym- on a remuneration basis or contractor's equipment rated on a receipts
bol "c", basis, including property damage for which liability is assumed under
(3) the underground property damage hazard in connection with op- any incidental contract relating to such premises or operations, but
erations identified in this policy bya classification code number excluding property damage included in subparagraph (2) below;
which includes the ~ymboL"u". ' (2) all propertydamace arising out of and occurring in the course of
II. PERSONS INSURED operations performed for the named insured by independent contrac-
Each of the following is an insured under this insurance to the extent set tors and general supervision thereof by the named insured, including
any such properly dam.e for which liability is assumed under any
forth beIow:- .. _ ..," ;,' , incidental contract relating to such operations, but this subparagraph
(a) if the .amed insured is designated in the Declarations as an in. (2) does not include property damace arising out of maintenance or
.~ividual. the person so designated but only with respect to the conduct repairs at premises owned by or rented to the named insured or struc-
','41.1 business of which he is the sole proprietor and the. spouse of the . tural alterations at such premises which do not involve changing the
nam"'insured with respect to the conduct of such a business; size of or moving buildings or other structures;
.(b) if the named insured is designated in the Declarations as.a partner- 3) all bodily . . nd operty d - ded " h
ship or joint venture. the partnership or joint venture so designated and (. inJUry a pi' amace IRclu wlthlR t e com.
any partner. .' or .m. ember. thereof b. ut only w. ith. r-.......... . to his liability as pleted operatioR$ hazard and all bodDy injury and property damace
_. . ,included within the products Iward, -
SUCh;.' '".:',,'; ""'-"'..re .,.... .,,^",',..,.. ",.:t'~ .,,,;,,., .
, (c) if the named insuredisdesignatecl in the Declaratfons as other than Such vegate limit shall apply' separately (i)' to the property dam ace
. an individual, partnership or joint venture, the organization. so desig- described. in .~bparagraphs (1) and (2), (ii) to the s~m of the dllmages
nated and any executive officer, director or stockholder thereof while of all ~ily IftIUry and ,all property dam.e desc,nbed '" subparagraph (3)
adiRl within the scope of hisd\!t..... as,Sl,l..h'......... ~, ..-,,~.._,___a!1ClJlli) __~ep~ With respect to each prolect awa.y from premises
. ....m:rr... _.~",.....!"'-\~''''''--'~~-'''-' oWiiedln orr o the nallItlI insured " "II..
(d) any person (other than an employee of the named insured) or y. .
organization while acting as real estate manager for the named insured;
and -
(e) with respect to the operation, for the purpose of locomotion upon a
public highway, of mobile equipment registered under any motor vehi-
cle registration law;
(i) an employee of the named insured while operating any such
equipment in the course of his employment, and
(ii) any other person while operating with the permission of the
named insured any such equipment registered in the name of the
named insured and any person or organization legally responsible
for such operation, but only if there is no other valid and collectible
insurance available, either on a primary or excess basis, to such per-
son or organization;
provided that no person or organization shall be an insured under this
paragraph (e) with respect to:
(1) bodily injury to any fellow employee of such person injured in
the course of his employment,or
(2) property damace to property owned by, rented to, in charge of
or occupied by the named insured or the employer of any person
described in subparagraph (ii),
ThiS insurance does not apply to bodily injury or property damace arising
out of the conduct of any partnership or joint venture of which the insured
is a partner or member and which is not designated in this poliCY as a
named insured,
III. LIMITS OF LIABILITY
Regardless of the number of (1) insureds under this policy, (2) persons
or organizations who sustain bodily injury or property damace, or (3)
claims made or suits brought on account of bodily injury or property
damace. the company's liability is limited as follows:
Bodily Injury and Property Damace Combined-Subject to the provisions
below concerning "aggregate", limit of liability stated in the Declarations
as applicable to "each occurrence" is the total limit of the company's lia,
bil ity because of Bodily Injury and Property Damace Combined for all
damages as the result of anyone occurrence, provided that with respect
to any occurrence for which notice of this policy is given in lieu of security
or when this policy is certified as proof of financial responsibility under
the proviSions of the motor vehicle financial responsibility law of any
state or prOVince, such limit of liability shall be applied to prOVide the sep-
arate limits required by such law for bedily injury liability and property
damap liability to the extent of the coverage required by such law, but the
separate application of such limit shall not increase the total limit of the
company's liability,
MP 00 93 (Ed. 01 71)
The total liability I the company for all damages because of all bodily injury
and propel'ty danlge to which this coverage applies and described in any
of the numbered subparagraphs below shall not exceed the limit of lia-
bility stated in the schedule as "aggregate"-
Bodily Injury and Property Darnace-For the purpose of determining the
limit of the company's liability, all bodily injury and property damace
arising out of continuous or repeated exposure to substantially the same
general conditions shall be considered as arising out of one occurrence.
IV, ADDITIONAL DEFINITION
When used in reference to this insurance (including endorsements
form ing a part of the policy):
"insured premises" means (1) the premises designated in the declara-
tions, (2) premises alienated by the named insured (other than prem-
ises constructed for sale by the named insured), if possession has been
relinquished to others, and (3) premises as to which the named insured
acquires ownership or control and reports his intention to insure such
premises under this policy and no other within 30 days after such
acquisition; and includes the ways immediately adjoining such premises
on land,
V. POLICY TERRITORY
This insurance applies only to bodily injury or property damage which
occurs within the policy territory.
PREMISES MEDICAL PAYMENTS
I. The company will pay to or for each person who sustains bodily injury
caused by aCCIdent all reasonable medical expense incurred within one
year from the date of the accident on account of such bodily injury, pro,
vided such bodily injury arises out of a condition in the insured premises
or operations with respect to which the named insured is afforded cov'
erage for bodily injury liability under this policy,
~
Exclusions
This insurance does not apply:
(a) to bodily injury
(1) arising out of the ownership, maintenance, operation, use, load-
ing or unloading of
(i) any automobile or aircraft owned or operated by or rented to
or loaned to any insured, or
(ii) any other automobile or aircraft operated by any person in
the course of his employment by any insured;
but this exclusion does not apply to the parking of an automobile on
the insured premises, if such automobile is not owned by or rented
or loaned to any insured;
Page 2 of 3
1
(
(2) arising out 01 (i) the ownership, maintenance, operation, use,
loading or unloading 01 any mobile equipment while being used in
any prearranged or organized racing, speed or demolition contest
or in any stu nting activity or in practice or preparation for any such
contest or activity or (ii) the operation or use of any snowmobile or
trailer designed for use therewith;
(3) arising out of the ownership, maintenance, operation, use, loading
or unloading of
(i) any watercraft owned or operated by or rented or loaned to
any insured, or
(ii) any other watercraft operated by any person in the course of
his employment by any insured;
but this exclusion does not apply to watercraft while ashore on the
insured premises; or
(4) arising out of and in the course of the transportation of _bile
equipment by an automobite owned or operated by or rented or
loaned to any insured;
(5) arising out of operations on or Irom premises (other than in-
sured premises) owned by, rented to, or controlled by the named
insured;
(b) to bodily injury
(1) included within the complete operations hmrdor-tlIeprodum---
hazard; -
(2) arising out 01 operations performed for the named insured by
independent contractors other than (i) maintenance and repair of
the insured premises or (ii) structural alterations 01 such premises
which do not involve changing the size 01 or moving buildings or oth-
er structures:
(3) resulting from the selling, serving or giving of any alcoholic bev-
erage (i) in violation of any statute, ordinance or regulation, (ii) to a
minor, (iii) to a person under the influence of alcohol or (iv) which
causes or contributes to the intoxication of any person, if the named
insured is a person or organization engaged in the business of manu-
facturing, distributing, selling or serving alcoholic beverages or, if
not so engaged, is an owner or lessor of premises used for such
purposes but only part (i) 01 this exclusion (b) (3) applies when the
named insured is such an owner or lessor;
(4) due to war, whether or not declared, civil war, insurrection, re-
bellion or revolution, or to any act or condition incident to any of
the foregoing:
(c) to bodily injury
(1) to the named insured, any partner therein, any tenant or other
person regularly residing on the insured premises or any employee
of any of the foregoing if the bodily injury arises out of and in the
course of his employment therewith;
"
MP 00 93 (Ed, 0777)
I
(2) to any other tenant if the bodily injury occurs on that part of the
insured premises rented from the named insured or to any employee
of such a tenant if the bodily injury occurs on the tenant's part of the
insured premises and arises out of and in the course of his employ'
ment for the tenant; -
(3) to any person while engaged in maintenance and .repair of the
insured premises or alteration, demolition or new construction at
such premises;
(4) to any person if any benefits for such bodily injury are payable
or required to be provided under any workmen's compensation, un-
employment compensation or disability benefits law, or under any
~imilar law;
(5) to any person practicing, instructing or participating in any
physical training, sport, athletic activity or contest:
(d) to any medical upense for services by the named insured, any
employee thereol or any person or organization under contract to the
named insured to provide such services.
II. LIMITS OF LIABILITY
The limit of liability for Premises Medical Payments Coverage stated in
the schedule as applicable to "each person" is the limit of the Company's
liability for all medicalupensl for bodily injury to anyone person as the
result--eJ-IftY-efle-lCCident; but subject to the above provision respecting
"each person", the total liability of the Company under Premises Medical
Payments Coverage lor all medical expense for bodily injury to two or
more persons as the result of anyone accident shall not exceed the limit
of liability stated in the schedule as applicable to "each accident",
When more than one medical payments coverage afforded by this policy
applies to the loss, the Company shall not be liable lor more than the
amount of the highest applicable limit of liability,
III. ADDITIONAL DEFINITION
When used in reference to this insurance (including endorsements form-
ing a part of the pol icy): .
"insured premises" mean all premises owned by or rented to the named
insured with respect to which the named insured is afforded coverage
for bodily injury liability under this policy, and includes the ways im,
mediately adjoining on land;
"medical upense" means expenses for necessary medical, surgical,
x-ray and dental services, including prosthetic devices, and necessary
ambulance, hospital, professional nursing and funeral services,
IV. POLICY PERIOD; TERRITORY
This insurance applies only to accidents which occur during the policy
period within the United States of America, its territories or possessions,
or Canada,
Pace 3 01 3
eninsular Fire INSURANCECOMPANY
COMPREHENfIVE GENERAL LIABILITY INSURAN1E ENDORSEMENT
Form P-202A
(3/82)
This Policy discloses all hazards insured hereunder known to exist at the effective date of this policy, unless otherwise stated herein.
In consideration of the payment of the premium, in reliance upon the statements in the Declarations of the policy of which this endorsement is made a part, and
subject to all the terms of this endorsement, the Company agrees with the named insured as follows:
I. COVERAGE - BOOIL Y INJURY AND PROPERTY DAMAGE LIABILITY
The company will pay on behalf of the insured all sums which the insured
shall become legally obligated to pay as damages because of
bodily injury or
property damage
to which this insurance applies, caused by an occurrence, and the company
shall have the right and duty to defend any suit against the insured seeking
damages on account of such bodily injury or property damage, even if any of
the allegations of the suit are groundless, false or fraudulent, and may make
such investigation and senlement of any claim or suit as it deems expedient,
but the company shall not be obligated to pay any claim or judgment or to
defend any suit after the applicable limit of the company's liability has been
exhausted by payment of judgments or senlements.
Exclusions
This insurance does not apply:
(a) to liability assumed by the insured under any contract or agreement ex-
cept an incidental contract; but this exclusion does not apply to a war-
ranty of fitness or quality of the named insured's products or a warranty
that work performed by or on behalf of the named insured will be done
in I workmanlike manner;
(b) to bodily injury or property damage arising out of the ownership, mainten-
ance, operation, use, loading or unloading of
(1) any automobile or aircraft owned or operated by or rented or loaned to
any insured, or
(2) any other automobile or aircrlft operated by any person in the course
of his employment by Iny insured;
but this exclusion does not apply to the parking of an automobile on
premises owned by, rented to or controlled by the named insured or the
ways immediately adjoining, if such automobile is not owned by or rented
or loaned to any insured;
(c) to bodily injury or property dlmlge arising out of (1) the ownership,
maintenance, operation, use, loading or unloading of any mobile equip-
ment while being used in any prearranged or organized rlcing, speed or
demolition contest or in any stunting activity or in practice or preparation
for any such contest or activity or (2) the operation or use of any snow-
mobile or trailer designed for use therewith;
(d) to bodily injury or property damage arising out of and in the course of the
transportation of mobile equipment by an automobile owned or operated
by or rented or loaned to any insured;
(e) to bodily injury or property damage arising out of the ownership, mainten-
ance, operation, use, loading or unloading of
(1) any watercraft owned or operated by or rented or loaned to any
insured, or
(2) any other watercraft operated by any person in the course of his em-
plo')'ment by any insured;
but this exclusion does not apply to watercraft while ashore on premises
owned by, rented to or controlled by the named insured;
(f) to bodily injury or property damage arising out of the discharge, dispersal,
. release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemi-
cals, liquids or gases, waste materials or other irritants, contaminants or
pollutants into or upon land, the atmosphere or any water course or body
of water; but this exclusion does not apply if such discharge, dispersal,
release or escape is sudden and accidental; .
(g) to bodily injury or property damage due to war, whether or not declared,
civil war, insurrection, rebellion or revolution or to any act or condition
incident to any of the foregoing, with respect to
(11 liability assumed by the insured under an incidental contract, or
(2) expenses for first aid under the Supplementary Payments provision;
(h) to bodily injury or property damage for which the insured or his indem-
nitee may be held liable
(1) as B person or organization engaged in the business of manufacturing,
distributing, selling or serving alcoholic beverages, or
(2) if not so engaged, as an owner or lessor of premises used for such
purposes,
,.. I'.lt::n
if such liability is imposed
(j) by,or because of the violation of, any statute, ordinance or regulation
pertaining to the sale, gift, distribution or use of any alcoholic be-
verage, or
Iii) 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 Iii) of this exclusion does not apply with respect to liability of the
insured or his indemnitee as an owner or lessor described in (2) above;
(i) to any obligation for which the insured or any carrier as his insurer may be
held liable under any workmen's compenSlltion, unemployment compen-
sation or disability benefits law, or under any similar law;
(j) to bodily injury to any employee of the insured arising out of and in the
course of his employment by the insured or to any obligation of the
insured to indemnify another because of damages arising out of such
injury; but this exclusion does not apply to liability assumed by the
insured under an incidental contract;
(k) to property damage to
(1) property owned or occupied by or rented to the insured,
(2) property used by the insured, or
(3) property in the care, custody or control of the insured or as to which
the insured is for any purpose exercising physical control;
but parts (2) and (3) of this exclusion do not apply with respect to liabil-
ity under a written sidetrack agreement and part (3) of this exclusion does
not apply with respect to property damage (other than to elevators)
arising out of the use of an elevator at premises owned by, rented to or
controlled by the named insured;
(I) to property damage to premises alienat.ed by the named insured arising out
of such premises or any part thereof;
(mho loss of use of tangible property which has not been physically injured or
destroyed resulting from
(1) a delay in or lack of performance by or on behalf of the named insured
of any contract or agreement. or
(2) the failure of the named insured's products or work performed by or on
behalf of the named insured to meet the level of performance, quality,
fitness or durability warranted or represented by the named insured;
but this exclusion does not apply to loss of use of other tangible property
resulting from the sudden and accidental physical injury to or destruction
of the named insured's products or work performed by or on behalf of the
named insured after such products or work have been put to use by any
person or organization other than an insured;
(n) to property damlge to the named insured'sprodut;ts arising out of such
products or any part of such products;
(0) to property damage to work performed by or on behalf of the named in-
sured arising o~ of the work or any portion thereof, or out of materials,
parts or equipment furnished in connection therewith;
(p) to damages claimed for the withdrawal, inspection, repair, replacement, or
loss of use of the named insured's products or work completed by or for
the named insured or of any property of which such products or work
form a part, if such products, work or property are withdrawn from the
market or from use because of any known or suspected defect or defi-
ciency therein;
(q) to property damage included within:
(1) the explosion hazard in connection with operations identified in this
policy by a classification code number which includes the symbol "x",
(2) the collapse hazard in connection with operations identified in this
policy by a classification code number which includes the symbol "c",
(3) the underground property damage haurd in connection with opera-
tions identified in this policy by a classification code number which
includes the symbol "u",
II. OTHER PROVISIONS
The following provisions of Section II liability Coverage Endorsemimt
MP0093 are applicable to this endorsement: II. - Persons Insured, III. -
Limits of Liability, and V. - Policy Territory.
$
I
I
GL 04 04
(Ed, 5-81)
This endorsement forms a part of the policy to which attached. effective on the inception date of the policy unless otherwise stated herein,
(The following information is required only when this endorsement is issued subsequent to preparation of policy,)
Endorsement effective Policy No, SMP 815 43 47 Endorsement No.
Named Insured
Countersigned by
(Authorized Representative)
Peninsular Fire Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of the policy relating 10 the following:
COMPREHENSIVE GENERAL LIABILITY INSURANCE
BROAD FORI COMPREHENSIVE GENERAl LIABILITY ENDORSEMENT
Schedule
, p~~ital"i~ju7;~a~:tM;';;;1;t~.. ,=1ta~~i~~ ~~;'f -- - -- ,,~~.., ..
Aggregate Limit shall be the per occurrence bodily injury liability limit unless otherwise indicated herein:
Limit of Liability $ Aggregate,
..
Limit of Liability-Premises Medical Payments Coverage: $1,000 each person unless otherwise indicated herein:
$ ~h~~~
~
Limit of Liability-Fire Legal Liability Coverage: $50,000 per occurrence unless otherwise indicaled herein:
$ per occurrence,
Premium Basis Advance Premium
% of the Total Comprehensive General Liability $ INCL.
Bodily Injury and Property Damage Premium as
Otherwise Determ i ned,
MINIMUM PREMIUM $ INCL.
I. CONTRACTUAL LIABILITY COVERAGE
(A) The definition of incidental contract is extended to include any
oral or written contract or agreement relating to the conduct of the
named insured's business.
(B) The insurance afforded with respect to liability assumed under an
incidental contract is subject to the following additional exclusions:
(1) to bodily injury or property damage for which the insured has
assumed liability under any incidental contract, if such injury or
damage occurred prior to the execution of the incidenlal contract;
(2) if the insured is an architect, engineer or surveyor, to bodily
injury or property damage arising out of Ihe rendering of or the
failure to render professional services by such insured, including
(a) the preparation or approval of maps, drawings, opinions,
reports, surveys, change orders, designs or specifications, and
(b) supervisory, inspection or engineering services;
(3) if the indemnitee of the insured is an architect, engineer or
surveyor, to the liability of Ihe indemnitee, his agents or employees,
arisi ng out of
(a) the preparation or approval of or the failure to prepare or
approve maps, drawings, opinions, reports, surveys, change or-
ders, designs or specifications, or
GL 04 04 05 81
(b) the giving of or the failure to give directions or instructions
by the indemnitee. his agents or employees, provided such giv-
ing or failure to give is the primary cause of the bodily injury
or property damage;
(4) to any obligation for which the insured may be held liable in an
action on a contract by a third party beneficiary for bodily injury
or pro~rty damage arising oul of a project for a ~blic authority;
but this exclusion does not apply to an action by the public authori-
ty or any other person or organization engaged in the project;
(5) to bodily injury or property damage arising out of construc-
tion or demolition operations, within 50 feet of any railroad prop-
erty, and affecting any railroad bridge or trestle, tracks, road
beds, tunnel, underpass or crossing; but this exclusion does not
apply to sidetrack agreements.
(C) The following exclusions applicable to Coverages A (Bodily Injury)
and B (Property Damage) do not apply to this Contractual Liability
Coverage: (b), (c) (2), (d) and (e),
(D) The following additional condition applies:
Arbitration
The company shall be entitled to exercise all of the insured's rights
in the choice of arbitrators and in the conduct of any arbitration
proceeding,
Page 1 of 4
BROAO fORM COJREKENSIVE GENERAL L1ABllllY ENOORSEMENT _(c.tinuedl
GL 04 04
(Ed, 5-81)
II, PERSON~l 'NJURY AND ~DVER1ISING INJURY L1~BILllY COVER~GE
(A) lhe company will pay on behalt of the insured all sums which the
insured shall become legally obligated to pay as damages because of
personal injury or achertising injury to which this insurance applies,
sustained by any person or organization and arising out of the conduct
of the named insured's business. within the policy territory, and the
company shall ha~e the right and duty to defend any suit against the
insured seeking damages on account of such injury, e~en if any of the
allegations of the suit are groundless, false or fraudulent. and may
make such in~estigation and settlement of any claim or suit as it deems
ellpedient, but the company shall not be obligated to pay any claim or
judgment or to defend any suit after the applicable limit of the compa-
ny's liability has been ellhausted by payment of judgments or settle-
ments,
(8) lhis insurance does not apply: .
(1) tll liability assumed by the iftsurecl under any contract or agree-
ment;
(2) to personal injury or ad..msiRl injury arising out of the wilful
~iolation of a penal statute or ordinance committed by or with the
knowledge or consent of the insured;
(3)\0 personal injury orad..-tisinc injury arising out of a publica-
tion or utterance 01 a libel or slander, or a publication or utterance
in ~iolation 01 an indi~idual's right 01 privacy, if the first injuriouS
publication or utterance of the same or similar material by or on
behalt 01 the named insured was made prior to the effecti~e date
of this insurance;
(4) to personal injury or advertising injury arising out 01 libel or
slander or the publication or utterance 01 defamatory or disparag-
ing material concerning any person or organization or goods, prod-
ucts or services, or in violation of an indi~idua\'s right 01 privacy,
made by or at the direction of the insured with knowledge 01 the
falsity thereof;
(5) to personal injury or advertising injury arising out of the con'
duct 01 any partnership or joint venture 01 which the insured is a
partner or member and which is not designated in the declarations
of the policy as a named insured;
(6) to advertising injury arising out of
(a) lailure of performance of contract. but this ellclusion does
not apply to the unauthorized appropriation of ideas based
upon alleged breach of implied contract, or
(b) infringement of trademark, service mark or trade name,
other than titles or slogans, by use thereof on or in connection
with goods, products or services sold, offered for sale or adver-
tised, or
(c) incorrect description or mistake in advertised price of
goods, products or services sold, offered for sale or advertised;
(7) with respect to advertising injury
(a) to any insured in the business of advertising, broadcasting,
publiShing or telecasting, or
(b) to any injury ariSing out of any act committed by the in-
sured with actual malice,
(C) limits of liability
Regardless of the number of (l) insureds hereunder, (2) persons or
organizations who sustain injury or damage, or (3) claims made or
SUitS brought on account of personal injury or advertising injury, the
total limit of the company's liability under thiS coverage for all
damages shall not ellceed the limit of liability stated in this en.
dorsement as "aggregate".
(D) Additional Definitions
"~dvertising Injury" means injury arising out of an offense commit-
ted during the poliCY period occurring in the course of the named
insured's advertising activities, if such injury arises out of libel,
slander, defamation, violation of right of privacy, piracy, unfair
competition, or infringement of copyright. title or slogan,
"Personal Injury" means injury arising out of one or more of the
following offenses committed during the policy period:
(1) false arrest. detention, imprisonment. or malicious prosecu-
tion;
(2) wrongful entry or eviction or other invaSIOn of the fight of pri-
vate occupancy;
(3) a publication or utterance
(a) of a libel or slander or other defamatory or disparaging
material, or
(b) in violation of an indi~idua\'s right of pri~acy;
except publications or utterances in the course of or related
to advertising, broadcasting, publishing or telecasting acti~i-
ties conducted by or on behalf of the named insured shall
not be deemed personal injury.
\II, PREMISES MEDICAL P~YME"lS COVER~GE
lhe company will pay to or for each person who sustains bodily injury
caused by accident all reasonable medical expense incurred within one
year from the date of the accident on account of such bodily injury,
pro~ided such bodily injury arises out of (a) a condition in the insured
premises, or (b) operations with respect to which the named insured is
afforded coverage for bodily injury liability under the policy,
This insurance does not apply:
(A) to bodily injury
(1) arising out of the ownership, maintenance, operation, use, load-
ing ~_UDloadiOLQf
(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 01 his employment by any insured;
but this ellclusion does not apply to the parking of an automobile
on the insured premises, if such automobile is not owned by or
rented or loaned to any insured;
(2) arising out of
(a) the ownership, maintenance, operation, use, loading or un-
loading of any mobile equipment while. being used in any prear-
ranged 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) the operation or use of any snowmobile or trailer designed
for use therewith;
(i) owned or operated by or rented or loaned to any in-
sured, or
(ii) operated by any person in the course of his employ-
ment by any insured;
(3) arising out of the ownership, maintenance, operation, use, load-
ing or unloading of
(a) any watercraft owned or operated by or rented or loaned to
any insured, or
(b) any other watercraft operated by any person in the course
of his employment by any insured;
but this exclusion does not apply to watercraft while ashore on
the insured premises;
~
(4) arising out of and in the course of the transportation of mobile
equipment by an automobile owned or operated by or rented. or
loaned to the named insured;
(B) to bodily injury
(1) included within the completed operations hazard or the prod-
ucts hazard;
(2) 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;
(3) resulting from the selling, serving or giving of any alcoholic
beverage
(a) in violation of any statute, ordinance or regulation,
(b) to a minor,
(c) to a person under the influence of alcohol, or
Page Z of 4
GL 04 04 05 81
0404
BROAotORM COMPREHENSIVE GENERAL LIABILITY ENOORS~ENT -(Continued)
(d) which causes or contributes to the intoxication of any per-
son,
if the named insured is a person or organization engaged in the
business of manufacturing, distributing, selling or serving al-
coholic beverages, or if not so engaged, is an owner or lessor of
premises used for such purposes, but only part (a) of this
exclusion (B) (3) applies when the named insured is such an
owner or lessor,
(4) due to war, whether or not declared, civil war, insurrection,
rebellion or revolution, or to any act or condition incident to any of
the foregoing;
(C) to bodily injury
(1) to the named insured, any partner thereof, any tenant or other
person regularly residing on the insured premises or any employee
of any of the foregoing if the bodily injury arises out of and in the
course of his employment therewith; .
(2) to any otller tenant if the bodily injury occurs on that part of
the insured premises rented from the named insured or to any
employee of such a tenant if the bodily injury otcurs on the ten-
ant's part of the insured premises and arises out of and in the
course of his employment for the tenant;
(3)to any person while efll3led in maintenance and repair of the
iMUred prllll_clJ:.~It.:"'c8nSbUctiorLat
Siii:l1Prem~f- ..'tI.;~_~~~.1Itq.'JIlliEC-j2 [>I.Dr.cd-
(4) to any perSon if ariybenetiirr~ s'ilciii';"liiJ~i~rY ~re Payabl~
or required to be providedilnder any workmen's 'compensation,
unemployment compensation or disability benefits law, or under
any similar law;
(5) to any person practicing, instructing or participating in any
physical training, sport, athletic activity or contest whether on a
formal or informal basis;
(6) if the named insured is a club, to any member of the named
insured;
(7) if the named insured is a hotel, motel, or tourist court, to any
guest of the named insured;
(0) to any medical expense for services by the named insured, any
employee thereof or any person or organization under contract to the
named insured to provide such services.
LIMITS OF LIABILITY
The limit of liability for Premises Medical Payments Coverage is $1,000
each person unless otherwise stated in the schedule of this endorsement.
The limit of liability applicable to "each person" is the limit of the compa-
ny's liability for all medical expense for bodily injury to anyone person as
the result of anyone accident; but subject to the above provision respect-
ing "each person", the total liability of the company under Premises Medi-
cal Payments Coverage for all medicalllpense for bodily injury to two or
more persons as the result of anyone accident shall not exceed the limit
of bodily injury liability stated in the policy as applicable to "each occur-
rence",
When more than one medical payments coverage afforded by the policy
applies to the loss, the company shall not be liable for more than the
amount of the highest applicable limit of liability.
ADDITIONAL DEFINITIONS
When used herein:
"insured premises" means all premises owned by or rented to the named
insured with respect to which the named insured is afforded coverage for
bodily injury liability under this policy, and includes the ways Immediately
adjoining on land;
"medical expense" means expenses for necessary medical, surgical, x ,ray
and dental services, including prosthetic devices, and necessary ambu-
lance, hospital, professional nursing and funeral services,
ADDITIONAL CONDITION ' ,
Medical Reports; Proof and Payment of Claim
As soon as practicable the injured person or someone on his. behalf shall
give to the company written proof of claim, under oath if required, and
shall, after each request from the company, execute authorization to enable
the company to obtain medical reports and copies of records, The injured
GL 04 04 05 81
GL 04 04
(Ed, 5-81)
person shall submit to physical examination by physicians selected by the
company when and as often as the company may reasonably require, The
company may pay the injured person or any person or organization render-
ing the services and the payment shall reduce the amount payable here-
under for such injury, Payment hereunder shall not constitute an admis-
sion of liability of any person or, except hereunder, of the company,
IV. HOST LIQUOR LAW LIABILITY COVERAGE
Exclusion (h) does not a;>ply with respect to liability of the insured or
his indemnitee arising out of the giving or serving of alcoholic bever,
ages at functions incidental 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,
V, FIRE LEGAL LIABILITY COVERAGE-REAL PROPERTY
With respect to property damace to structures or portions thereof rent-
ed to or leased to the named insured, including fixtures permanently
attached thereto, if such property damace arises out of fire
(A) All of the exclusions of the policy, other than the Nuclear Energy
liability Exclusion (Broad Form), are deleted and replaced by the fol-
lowing:
This insurance does not apply to liability assumed by the insured
. . uncler any contract or agreement.,
(B);n.-;li"iI' If Jifeperly dlmapliabifity as respects -this Fire legat
[iabifitjCoVeragP.Rear Property is $50,000 each ocairrence unless
Otherwise stated in the schedule of thisendorsenlent;
{Cl The Fire legal liability Coverage-Real Property shall be excess
insurance over any valid and collectible property insurance (including
any deductible portion thereof), available to the insured, such as, but
not limited to, Fire. Extended Coverage, Builder's Risk Coverage or
Installation Risk Coverage. and the Other Insurance Condition of the
policy is amended accordingly,
VI, BROAD FORM PROPERTY DAMAGE LIABILITY COVERAGE (Including
Completed Operations) ,
The insurance for property damage liability applies, subject to the fol-
lowing additional provisions:
(A) Exclusions (k) and (0) are replaced by the following:
(l) to property owned or occupied by or rented to the insured, or,
except with respect to the use of elnators, to property held by the
insured for sale or entrusted to the insured for storage or safekeep-
Ing;
(2) except with respect to liability under a written sidetrack agree-
ment or the use of elevators
(a) to 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,
(b) to tools or equipment while being used by the insured in
performing hiS operations,
(c) to property in the custody of the insured which is to be
installed, erected or used in construction by the insured,
(d) to that particul\:1r 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, or
(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;
(3) with respect to the completed operations hazard and with re-
. spect to any clllssification stated in the policy or in the company's
manual as "including completed operations", to property damage
to work performed by the named insured arising out of such work
or any portion thereof, or out of such materials, parts or equipment
furnished in connection therewith, .
(B) The Broad Form Property Damage liability Coverage shall be excess
insurance over any valid and collectible property insurance (including
Page 3 of 4
GL 04 '04
(Ed, 5.81)
BROAD ,ORM COMPREHENSIVE GENERAL LIABILITY ENDORSEiENT -(Continued)
any deductible portion thereof) available to the insured, such as, but
not limited to, Fire, Extended Coverage, Builder's Risk Coverage or
Installation Risk Coverage, and the Other Insurance Condition of the
policy is amended accordingly,
VII, INCIDENTAL MEDICAL MALPRACTICE LIABILITY COVERAGE
The definition of bodily injury is amended to include Incidental Medical
Mal~ractice Injury, . (:'. ~ -' - ' . ~ --:',_.
Incidental Medical MalpractiCe Injury means injury arising out of the
rendering of or failure to render, during the policy period, the following
services: ""'. .
(A) medical, surgical, dental, x-ray or nursing service or treatment or
the furnishing of food or beverages in connection therewith; or
(B) the furnishing or dispensing of drugs or medical, dental or surgical
"supplies lJll~pliances..
Thisco~ does not apply to:'i:-;:;"I~! ;';,~' '.~ .;,,,.; , .
. (1) expe. n5e$ incurred bvJhernsUredforfirsf:aKltooth~s at the
'f;." - time~ of':' lCcideilraiictrt1ie:~ppleinentlrj pa;meaU:" provisioa
....,{'; . and tile "Insured's Duties in the EveIlt of Occurrenc:e, Claim or
Suit"-,Condition are-amended 3CCofdingly; , i;:;.l.;
(2) afty: iasured engaged in tilt ~ Or Occupatloi,bf providing
. any of tile services described iiil4efYII(A),and (B) above;' - .~ ..
~,. ."" ~ . '. ,t,,,,, ....~.." >"l' _q"'a;o.u.., .'~.L
, .;;...(3).inluf'y caused by ~ny indemnitee.!f,sucllind~. is ell(3led
'!*211S;.!tJIe,busi/leS$"'~~'~~~.IIl1p!j, _.-~-
~'.: .,:.scnlJed under VII ~).and (B)abOYl"r~ .~ ;';', :~': ". ,'. i".::~,
VlII, NON.OWNED WATERCRAFT LIABILITY COVERAGE (under 26 feet in
length)
Exclusion (e) does not apply to any watercraft under 26 feet in length
provided such watercraft is neither owned by the named insured nor
being used to carry persons or property for a charge,
I Where the insured is, irrespective of this coverage. covered or protect.
ed against any loss or claim which would otherwise have been paid by
the company under this endorsement, there shall be no contribution or
participation by this company on the basis of excess, contributing,
deficiency, concurrent, or double insurance or otherwise.
IX, LIMITED WORLDWIDE LIABILITY COVERAGE
The definition of policy territory is amended to include the following:
(4) Anywhere in the world with respect to bodily injury, property
damage, personal injury .or advertising injury arising out 01 the
activities of any insured permanently domiciled in the United States
of America though temporarily outside the United States of Ameri.
ca, its territories and possessions or Canada, provided the original
suit for damages because of any such injury or damage is brought
within the United States of America. its territories or possessions or
Canada.
{ '. '
.GL 04 04 05 81
Such insurance as is afforded by paragraph (4) above shall not apply:
(a) to bodily injury or property damage included within the com.
pleted operations hazard or the products hazard;
(b) to Premises Medical Payments Coverage,
X, ADDITIONAL PERSONS INSURED
As respects bodily injury, property damage and personal injury and
advertising injury coverages, under the provision "Persons Insured",
the following are added as insureds: " ......
(A) Spouse"":Partnership-lf the 'named insured is a partnership,
the spouse of a partner but only with respect to the conduct of the
business of the named insuredj ."
(8) Employee4ny employee (other than executive officers) of
the named insured while ~cting within the scope of his duties
as such, but the insurance afforded. to such employee does not
apply: 'c' '. u; '..
(1) to bodily Injury or personal injUfJ to another employee of
.. the named illSUred arising out of or in the cours~ of . his employ-
men~__. :,' " }.;'.' ': . '.,
(2) to penonal injury or Idwertising injury to the named in-
sured or, if the named insured is a partnership or joint venture,
any partner or member thereof, or the spouse of any of the
._.___ for~()i~",,;i.: ,~~:,"' ';~'!:;':lC''''~,:A''~''''
(3) to property damage to property owned, occupied or used by,
rented to., in the care, custody or control of or over which
physical control is being exercised for any purpose by another
employee of the named insured, or by the named insured or, if
the named insured is a partnership or joint venture, by any part.
ner or member thereof or by the spouse of any of the foregoing.
XI. EXTENDED BODILY INJURY COVERAGE
The definition of occurrence includes any intentional act by or at the
direction of the insured which results in bodily injury, if such injury
arises solely from the use of reasonable force for the purpose of pro-
tecti ng persons or property,
XII. AUlOMATIC COVERAGE-NEWLY ACQUIRED ORGANIZATIONS (90
DAYS)
The word insured shall include as named insured any organization
which is acquired or formed by the named insured and over which the
named insured maintains ownership or majority interest. other than a
joint venture, provided this insurance does not apply to bodily injury,
property damage, personal injury or advertising injury with respect to
which such new organization under this policy is also an insured under
any other similar liability or indemnity policy or would be an insured
under any such policy but for exhaustion of its limits of liability, The
insurance afforded hereby shall terminate 90 days from the date any
such organization is acquired or formed by the named insured,
"
Page 4 of 4
I EMPLOYER'S NON-OWNERSHIP AUTOMcLlLE LIABILITY
INSURANCE ENDORSEMENT
SCHEDULE
MP 99 94
(Ed. 12 79)
The limits of the Company's liability are on the basis and for the amounts designated below:
limits of liability
$ ~OO, 000 each occurrence,
Property Damage Uability Advance Premium $ I nc 1 ud ed
In consideration of the payment of premium and subject to all the terms of this endorsement, the Company agrees with the named insured as
follows:
I. BODILY INJURY OR PROPERTY DAMAGE LIABILITY COVERAGE
The Company will pay on behalf of the insured all sums which the
insured shall become legally obligated to pay as damages because of
bodily injury or
property damage
to which this insurance applies, caused by an oceumnce and arising
out of the use of any non-owned automobile in the business of the named
insured by any person other than the named insured, and the Company
shall have the right and duty to defend any suit against the insured
seeking damages on account of such bodily injury or property damage,
even if any of the allegations of the suit are groundless, false or fraudu-
lent, and may make suc.'h investigation and settlement of any claim or
suit as it deems expedient, but the company shall not be obligated to
pay any claim or judgment or to defend any suit after the applicable
limit of the Company's liability has been exhausted by payment of judg-
ments or settlements,
Exclusions
This insurance does not apply:
, (a) to liability assumed by the insured under any contract or agreement;
(b) to any obligation for which the insured or any carrier as his insurer
may be held liable under any workmen's compensation, or disability
benefits law, or under any similar law;
(c) to bodily injury to any employee of the insured arising out of and
in the course of his employment by the insured or to any obligation
of the insured to indemnify another because of damages arising out
of such injury; but this exclusion does not apply to any such injury
arising out of and in the course of domestic employment by the
insured unless benefits therefor are in whole or in part either payable
or required to be provided under any workmen's compensation law;
(d) to property damage to
(I) property owned or being transported by the insured, or
(2) property rented to or in the care, custody or control of the in-
sured, or as to which the insured is for any purpose exercising
physical control;
(e) to bodily injury or property damage arising out of the ownership,
maintenance, operation or use of any non-owned automobile used
in the conduct of any partnership or joint venture of which the
insured is a partner or member and which is not designated in the
policy as a named insured;
(f) to bodily injury or property damage arising out of the discharge,
dispersal, release or escape of smoke, vapors, soot, fumes, acids,
alkalis, toxic chemicals, liquids or gases, waste materials or other
irritants, contaminants or pollutants into or upon land, the atmos-
phere of any watercourse or body of water; but this exclusion does
not apply if such discharge, dispersal, release or escape is sudden
and accidental;
(g) to bodily injury or property damage due to war, whether or not
declared, civil war, insurrection, rebellion or revolution or to any act
or condition incident to any of the foregoing, with respect to ex-
penses for first aid under the Supplementary Payments provision.
(h) to bodily injury or property damage resulting from the handling of
property
(I) before it is moved from the place where it is accepted by the
person using a non-owned automobile for movement into or onto
the automobile, or
(2) after it is moved from a non-owned automobile to the place where
it is finally delivered by the person using the automobile;
Bodily Injury liability
(
MP 99 94 (Ed, 12 79)
II. PERSONS INSURED
Each of the following is an insured under this insurance to the extent
set forth below:
(a) the named insured;
(b) any partner or executive officer thereof, but only while the automo-
bile is being used in the business of the named insured;
(c) any other person or organization but only with respect to his or its
liability because of acts or omissions of an insured under (a) or (b)
above.
None of the following is an insured:
(i) any person while engaged in the business of his employer with
respect to bodily injury to any fellow employee of such person
injured in the course of his employment;
(ii) the owner of such automobile nor any agent or employee of such
owner;
(iii)an executive officer or partner of the named insured with respect
to an automobile owned by him or by a member of his household;
(iv)any person while employed in or otherwise engaged in duties in
connection with an automobile business, other than an automo-
bile business operated by the named insured.
III. LIMITS OF LIABILITY
Regardless of the number of (1) insureds under this policy, (2)
persons or organizations who sustain bodily injury or property damage,
(3) claims made or suits brought on account of bodily injury or property
damage, or (4) automobiles to which this policy applies, the Company'~
liability is limited as follows:
The limit of liability stated in the schedule of this endorsement as
applicable to each occurrence is the total limit of the company's liability
for all damages because of bodily injury including damages for care and
loss of services, or property damage as a result of anyone occurrence.
IV. POLICY TERRITORY
This insurance applies only to bodily injury or property damage which
occurs within the territory described in paragraph (1) or (2) of the
definition of policy territory.
V. ADDITIONAL DEFINITIONS
t>
When used in reference to this insurance (including endorsements
forming a part of the policy):
"automobile business" means the business or occupation of selling,
repairing, servicing, storing or parking automobiles;
"non-owned automobile" means an automobile not owned by, regis-
tered in the named of, hired by (or used under contract in behalf
of), or loaned to the named insured; provided that, if the named
insured is a partnership, such automobile is not owned by or regis-
tered in the name of a partner thereof.
VI. OTHER PROVISIONS APPliCABLE TO THIS ENDORSEMENT
The General Conditions and Conditions and Definitions Applicable to
Section II are applicable to this endorsement.
VII. ADDITIONAL CONDITION
Excess Insurance-Non-Owned Automobiles.
This insurance shall be excess insurance over any other valid and
collectible insurance available to the insured,
F 483
Policy Number SMP B 15
PP.II~~~!!~r ~i~':~~~L~A~~l~OMPANY
RENEWAL CERTIFICATE
I!iI
43 47
SPECIAL MUL T1.PERIL POLICY
Item 1. N~med Insured ~nd M~i1ing Address (No" Street, Town, County, Stale, Zip)
BRUCE LITTLER, INC.
S5 CAUSEWAY BLVD,
CLEARWATER, FLA 33515
Item 2. PaRey Period:
From
1 year(s)
2-2-84
To
2-2-85
12:01 A,M, Standard Time at loeationol designated premises.
Item 3. The Named Insured is:
GJ Individual 0 Partnership
Item 4. Designated Premises (ENTER BELOW!
o Corporation
o Joint Venture 0 Other
Occupancy 01 Premises
REAL ESTATE
No. 1
No.2
No.3
No.4
Item 50 INSURANCE IS PROVIDED WITH RESPECT TO THE DESIGNATED PREMISES AND WITH RESPECT TO THOSE COVERAGES AND KINDS OF PROPERTY FOR WHICH A
SPECIFIC LIMIT OF LIABILITY IS SHOWN, SUBJECT TO All OF THE TERMS OF THIS POLICY INCLUDING FORMS AND ENDORSEMENTS MADE A PART HEREOF,
Same
SECTION I - PROPERTY COVERAGE limit 01 liability DEDUCTIBLE
Loc. No. I ..... No. Loc. No. I 1IIcI.. No. Loc. No. I BId.. No. Loc. No. I BIds- No. COINSURANCE
I I I I PERCENT AGE
1 1 APPliCABLE
S n S s S 9n % Building(s) each occurrence aggregate each oecurrence
Personal Property:
S 1nnnn S S S on % of the Insured Ssee CFll?
S S S S % of Others If no deductible stated above, the deductible shall be
Additional COy, (Specify)
S S S S Sl00 Sl,OOO
S S S S each occurrence aggregate each occurrence
S S S S
SECTION II SMP Form MP-200 Bodily Injury Iproperty Damagel Premises Medical
Bodily Injury and Property Damage Liability Liability Liability Payments
LIABILITY COVERAGE Premises Medical Payments
Combined Single Limit IF NO LIMIT SHOWN FOR
limit 01 Liability each occurrence I aggregate each person ls each accident MP-200 REFER TO COVERAGE
S ':lnnnnn S ':\nnnnn 1nnn PART OR ENDORSEMENT
S
Additional COy, (Specify) 'R ~ r r: T. .l:. ~ N n
Audit Period: Non-Auditable Unless Indicated By [8] 0 Annual D Semi-Annual o Quarterly D Monthly o Other:
Item 6. Forms and Endorsements made part of this policy
UNSERT NO, AND EDITION D",TE)
MP 0090 ( 0777 ) , C F 11 7
MP 009.3 ( 0777) , P 202 A
Item 7. Mortgagee:
(OBBO) ,POOOl (0382),MP0014(058l) ,CL21l6(0766),CL2219(01?4),
( 0382 ) ,C L 0404 ( 0581 ) ,MP 0 ~2 3 ( 0 183 )
(N.....E "'ND ...DDRESS)
1) N, A,
Item 8. The Total Advance Premium is: $ 1 5 0 , 0 0
Countersigned by
YOUR POLICY.
EARWATER
THIS CERTIFICATE EXTENDS YOUR POLICY FOR AN AODITIONAL TERM. PLEASE
MUTUAL INS
0901212
CLEARWATER,FL
GF 40 (1/80)
..-n:
. .
oj I
. ..
. .
@" .' 1982
I
SMP HIRED AUTOMOBILE AND ION-OWNED
AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT
MP 04 23
(Ed, 01 83)
SCHEDULE
Insurance is provided only with respect to those coverages for which a specific premium charge is shown:
Coverage Advance PnmiunI
Non-Ownership Liability $ ~
., ..
$ N/A
Hired Automobile liability
NON-OWNERSHIP UABIUTY
The insurance applies to bodily injury or property dalUlt arising out of:
The use of any IlOlHWItd automobilliA the business of the IIIIMd insured by any person other than the named insured.
HIRED AUTOMOBILE UABIUTY
The insurance applies to bodily la;.y or property ....... arising out of:
The maintenance or use of IlinMI .......... ill tile business of the Ilamed ..... by tile IIIIINId insured or an employee of the named
iMund.
With respect to the insurance provided by this endorsement:
L The exclusions, other thaIt ucIusions (0, (i). (q), and tbI NuclearUclusiooJII r..pteed by the following:
(a) to liability assumed by the .... under IllY contract or agreemenf------
(b) to bodily injury to any employee of the iMInd arising out of and in the course of his employment by the insured or to any obligation
of the insured to indemnify another because of damages arising out of such injury, but this exclusion does not apply to any such
injury arising out of and in the course of domestic employment by the inwred unless benefits therefore are in whole or in part either
payable or required to be provided under any workman's compensation law;
(c) to bodily injury or property daIaate arising out of the ownership, maintenance, operation or use of any non-owned automobile used
in the conduct of any partnership or joint venture of which the insured is a partner or member and which is not designated in the
policy as a named insured;
(d) to bodily injury or property da-ce resulting from the handling of property
(1) before it is moved from the place where it is accepted by the person using a IlOlHWl1ed automobile or a hired automobile for
movement into or onto the alItoRloIIiIe, or ..
(2) after it is moved from a non-owned atomobiIe or a hired automobile to the place where it is finally delivered by the person
using the automobile.
(e) to bodily injury or property damage resulting from the movement of property by a mechanical device (other than a hand truck) not
attached to the hired automabiIe or IWlIHIIned autolIIobiIe.
(h) to property clamage to (1) property owned or beine transported by the insured or (2) property rented to or in the care, custody or
control of the insured, or as to which the insured IS for any purpose exercising physical control.
l. The "Persons Insured" provision is replaced by the following:
Each of the following is an insured under this insurance to the extent set forth below:
(a) the named insured;
(b) any other person using a hired automobile with the permission of the named insured, but with respect to bodily injury or property
d3mage arising out 01 th! loading or unloading thereof suc~ other person shall be all ifl!ured only if he is:
1) a lessee or borrower of the such automobile, or
2) an employee of the named insured or of such lessee or borrower;
(c) with respect to a IIOft-OWned automobite, any partner or executive officer of the named insured, but only ~ile such automobile is
being used in the business of the named insured;
(d) any other person or organization, but only with respect to his or its liability because of acts or omissions 01 an insured under a, b
or c above.
None of the following is an insured:
(a) any person engaged in the business of his employer with respect to bodily injury to any fellow employee of such person injured in
the course of his employment;
(b) any partner or executive officer with respect to an automobile owned by such partner or officer or a member of his household;
(e) any person while employed in or otherwise engaged in duties in connection with an automobile business, other than an automobile
business operated by the IlIIIIId illslIf'ed;
(d) the owner or lessee (of whom the IIIIlIIlI insInd is a sub-lessee) of a hired automobile or the owner of an nOCHWned automobile
or any agent or employee of Illy such owner or lessee;
MP 04 23 (Ed. 01 83)
Page 1 of 2
;m"
~- l.
. .
@" 1912
1 The "Definitions" provision is amended to include the following definitions:
"automobile busiaess" means the business or occupation of selling, repairing, servicing, storing or parking automobiles;
"hiRcI automoiiIe"means an automobile not owned by the ..... iIlSund which is used under contract in behalf of, or loaned to,
the named insured proVided such automobiIt is not owned by II' recistered in the name of (a) a partner or executive officer of the
named inAred or (b) an employee or aglftt of the 1tIIlIId... who is granted allowance of any sort f. the use of such automobilL
"non ..... automaIIiIe".means an automoblIt not owned by reaistered in the name of, hired by (or used under contract in behalf
of), or loaned to the IIIIIId iMUred; provided that. if the ..... ..... is a partnership. such ...... is not owned by or registlll'ed
in the name of a partner thereof.
4. The "Other Insurance" condition is replaced by the foIlowina:
The insurance afforded by this endorsement shaH be excess insurance over any other valid and collectible insurance available to the insured.
I
I
T1lis __II tnt... be attIcbed .. the ChInle Endorslllllt ..... .... after tile policy is writta
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MP 04 23 (Ed. 01 83)
Page Zof Z
Policy Number SMP
lIne-g'insular Firi~~SURANCE r,OMPANY
_I HOjiENEWAL CERTIFI'CEATE'~\
SPECIAL MULTI-PERIL POLICY
RECE\vtU
~
23 84 90
Il~m 1. Named Insur~d and Mailing Address (No., Slreet, Town, County, S'a'e, Zip)
.APR 21 111I
Bruce Littler, Inc.
25 Causeway Boulevard
Clearwater, Florida 33515
ATY~""
Il~m:z. Policy P~rlod:
From 2-2-82
To 2-2-83
12:01 A.M. Standard Time at location of designated premises.
Il~m 3. The Named Insured is:
o Individual 0 Partnership
Il~m 4. Designaled Premises (ENTER BELOW)
KiJ Corporation
o Joint Venture 0 Other
Occupancy of Premises
Same
Office
No, 1
No.2
No.3
No.4
It..m 5, INSURANCE IS PROVIDED WITH RESPECT TO THE DESIGNATED PREMISES AND WITH RESPECT !u THOSE COVERAGES AND KINDS OF PROPERTY FOR WHICH A
SPECIFIC LIMIT OF LIABILITY IS SHOWN. SUBJECT TO ALL OF THE TERMS Of THIS POLICY I.'.CLLDING FORMS AI\lD ENDORSE'vIENTS MADE A PART HEREOF.
SECTION I - PROPERTY COVERAGE limil olllabililv I DEDUCTIBLE
'0<. No. I alds, No, Loc No, I Bldg, No, Loe, No, I Bldg. No, Loe, No, I 8ldg, No, (OIV'lLRA......Cf I
i I I I I PtRCt'\iT"CE i
1 1 ....PllC"HU
1$ $ $ $ (?{) Building(sl I each occurrence aggregate each occurrence
I Person"l Propertv: Includes furnit~re and fixtures
i
l~lQ~OOO $ $ $ 90 ." of the Insur...J . ~ $ See GF117
~ $ $ $ .----'~ ~f-O;~~~- .-. . Ii nu ,!eJuctible sldted above, the deductible shat '.'('
- AJjiti;~~~i-~~~('~L~~~,-l I
, I I
; $ is 1$ ! S-iQO $1,000 !
I- : i
;$ $ ~ $ eJch occurrence i " regate edch OCC'Jrr€i, " I
: s i5 i 5 J~ I I gg i
i----;~GTiON -~I--'I Sv'P Form \1P20r; .-c---------.--~::;~~I~u~-i:,;,,~I:~~~nlJgell p'en:,s"s,\~~.'d~!'1
I.., BoJilv Inju,v alle.l ProPP._rlY DJ.mJ.ge liabililv I : c."~h",,, I l-.ldbd,l, Pd\:1,t-:.i
l.iASILlH GOVER.~GE Prpmi,,", .\h';;' .,1 ~"."'''(' '" :__-.- __._~__n_____--L--._______ ---,
I Combined Slnglp L!mlt I' ~o LI" 'T SHOWN ,OR I
lIm;l ,'lI,';I;I, !, e';~~:"~~~e r~~:--l, - ~:;~~'''_; '. ~~:~~Z-_ ~_ _ __ ;~~;~;,);~;~~~:~;c, n__1
~dditiondl Cov. ('pecifyl Comprehensive General~_1!iJ>iJ~tY_iJ?ers.QllaJ_I:llju...!':L~__~ll.1E.l9ygr~._NQ..n~!l~rship Liaq.UJt)
: .\'JdiJ Period: No~-AuditJble Unless IndicalPd B, ~ 0 AnnuJI 0 ,,'rr,,-Anc:.':'.~~_. 0 Que",'rl, . D Munthly 0 Other:
Item 6. Forms and Endorsements made part of thi~ policy (iNSERT NO ,\NO EDITION DATE}
MP0090(7-77) GF1l7(8-80) MP101A(7-77) L6424a(1-74) MP0093(7-77) P202(1l-77) L9287(1-73)
MP9994(12-79) GL2116(7-66)
Item 7, Mortgagee: (NAME AND ADDRESS)
None
Item 8. The Total Advance Premium is: $ 150.
THIS CERTIFICATE EXTENDS YOUR POLICY
2-2-82 RS
2-9-82 bp
FOR AN ADOITIONAL TERM. PLEASE ATTACH TO YOUR POLICY.
09-1272
Countersigned by
GF 40 A (3-80)
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.1. SMP 23
'I
84
HOME OffiCi . JACKSONVILLE, FLORIDA
SPECIal MlLn..... ..un DAlLY\ IEPIIT
---
1
,.
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, IfIolEWAI Of NUMBER
"
('.:)
~
90
t '
COMM %
It... 1, It... In... aad MIIililll Address (No" StrMt, tllwn, County, Stata, Zip)
REINS, CO,
%
APPR,
BY
CREDIT
RPT,
MAP
CODE
. 11 ~1~. ....
. Tf T ~ WI I i I r"
.1- In. ftl,....11I
REMARKS
~
:IE
en
Itelll 3,
Item 2. Policy Period:
From ......
Years
To
I
'II.
12:01 A,M, St.andard Time at location of desiBflated premises..
It.. 4,
The Named Insured is:
o Individual D Partnership
Designated Premises (ENTIIIt BELO,!" I
No 1 __
No 2
. - Nl>-3--- -
No 4
IJ Corporation 0 Joint Ventilre' D. Other:
Occupancy of Premises
.,...
-- -. ----- .----._-~_.--- .---~-
Item 5
. l~_nN~~idi~~_
;--1.- _'--1..__
s s
$
$
$
SECTION II
LIABILITY COVERAGE
$ $ BUllding(s) each occurrence aggregate each occurrence
Personal Property kat . !,~ r.
$ $ % of the Insured $ ... Iftt., $
$ $ % of Others " no dec1u~tlblestated above the deductible shall be
Additional Cov (Specify)
1$ $ $100 $1 000
S $ each occurrence aggregate each occurren,r
$ $
.. 10.010. $
, $
limit of liability
'SMP ~orm Mp.200
Boody Injury and Property Damage Liability
Combined Single limit
each occurrence aggregate
Bodily I nJury Property Damage Premises Medical
liability' Liability Payments
Premises Medical Payments
$
IF NO LIMIT SHOWN FOR
MP200 REfER TO COVERAGE
PART OR ENDORSEMENT
AdditIOnal Cov (Speclly
~U'd!1 rer~~I~NonAudlt~bIP Unle~~lndlcaled By X, 0 Annual
o Semi.Annual
o Quarterly
Monthly,
o Other
Item 6 f:1 ms and f nrlorsemerifs made part of thiS poliCY atltme OTIssue: IINSEItT NO AND EDITION DATEI ..111(7-71) "'17(1-1I) ~1A
(7-m ~(1-"') --Jfl-n) IITIcp-m "'0-" ..JIIlcu-m
Item 7 Mo'tgagee
INAME AND ADDRIESSI
-
Item 8 ! "'> [ilt.ll Adv;H1(" Premium 1\
ENTER BELOWI
$ 110.
Ii NOT APPLICABLE
. and is payable $ .... at inception, and $ at each anniversary.
UNLESS INDICATED BY AN X IN THE BOX AS "NOT APPLICABLE", THE PREMIUM FOR INSTALLMENTS SUBSEQUENT TO THE INITIAl
INSTALLMENT SHAll BE SUBJECT TO ADJUSTMENT ON THE BASIS OF THE RATES IN EFFECT AT EACH ANNIVERSARY DATE
Countersignature Date 14-11...
2-17-81 ..
! Agency at
ClI11h...:r. n-tAIa .1272
- 1_1 "ILl ..
-.--- ---.. -Authorized Representative
,'" ("\;SiDfRATION OF THE. PREMIUM. INSURANCE IS PROVIDED THE, NAMED INSURED WITH RESPECT TO THE DESIGNATED PREMISES SHOWN IN ITEM 4 ABOVE AND
Wi r~, RfSf'ECT TO THOSE COVERAGES AND KINDS OF PROPERTY FOR WHICH A SPECIFIC LIMIT OF LIABILITY IS SHOWN. SUBJECT TO ALL OF THE TERMS OF THIS
POLiCr iNCLUDING FORMS AND ENDORSEMENTS MADE' A PART HEREOF
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1.,j,(:,~?tJ~; I(~ ........, ')