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CERTIFICATE OF INSURANCE (2) FROM: ~~. " i CITY OF CLEARWATER I nterdepartment Correspondence Sheet Eliazbeth S. Haeseker, Assistant Cit~Ma~ Bill Held, Assistant Harbormaster ~. TO: COPIES: Lucille Williams, City Clerk SUBJECT: Insurance Policy - Anderson Bay Cruises DATE: May 28, 1985 I have received and reviewed the insurance policy for Anderson Bay Cruise, Inc.. This policy meets the requirements of their lease agreement with the city. Policy expires on November 11, 1986. WCH:nnn .. RECEIVED JUN ~ J98" CITY CLERK \ I ; . I I I ~ I The St. Paul I t Introduction m CD 0'" Z OJ Ul W [') ()] Your Multicover Policy protects your business property. It also protects your business against claims made by others. We've written this policy in plain, easy-to- understand English. The words you, your and yours mean the insured and his or her business: Anderson Bay Cruises, Inc. P.O. Box 3332 Clea~later, FL 33515 . . ...- . . U'l ;+ ,.... o c iii' U'l (i) < ;;' (') n III ::l ..... (') ... Which is a o co-partnership KI corporation o joint venture o individual o other We, us, our and ours mean the St. Paul Fire and Marine Insurance Company. We're a capital stock company located in 5t, Paul, Minnesota. Your Policy is composed of General Rules, What To Do If You Have A Loss, and a number of separate insuring agreements. They allow you to tailor your insurance coverage to meet your specific needs. The I1mits of your coverage are indicated in each of the insuring agreements. \ I ! . I Your policy and each of its insuring agreements take effect on 11-11- 8 3 and continue until 11-11-86 unless indicated differently. T lace your former policy, number; l'iB512 and automatica nate any coverage you had under that policy. . In return for your premium, we'll pr()Vide the protection stated in this policy. L.3\'it on -3 vrn G - d run er 10 3ro3d~\;8Y St. Louis, MO 63302 Your premium is see end. J to llltro:- cluction This policy is not effective until it's signed by an authorized representative of The St. Paul. Countersignature Date .; 1 - 1 1- 83 Agency at St. Petershurg. FL Authorized "1'U '1) >1_~ I Representative v. ) . J-tA ){f!~ 40003 Ed. 7-77 Introduction. Page 1 of 1. !:st. Paul Fire and Marine Insurance Company, 1977 Countersignature Endorsement I This endorsement changes your policy. I .IDul How Your Policy Is Changed This endorsement allows an agent who resides in the state of to countersign your policy. This signature is needed because the agent who wrote your policy and the property covered are in different states. The state in which your property is located requires a resident agent's signature to make this policy valid. Your Agent's Name And Address Other Terms All other terms of your policy remain the same. Lawton-Byrne-Bruner 10 Broadway St. Louis, MO 63102 Countersigning Agent -S Name And Address ~AYeyman-willinghc?l11 & Co. P.O. Box 13499 St. Petersburg, FL 33733 \ \ I I ! Signature Of ~O~~.fter?YJng :~Jl; . /' / . './ /1 ' "~[ k. uv c--- / ' / , /' / / ----------. . Date /-s-Z'I , I f we issue th is endorsement after the date your policy takes effect, we must complete these spaces and our representative must sign below. Authorized representative 40506 Ed. '-80 Printed in U.S.A. <OS!. Paul Fire and Marine Insurance Company. 1980. Policy issued to i'Jl.c1p.rson dC'" Cru i s es. IDe. Endorsement takes effect 'il-:1J-83 Policy number l~ 8 5 h B 53 2 5 Endorsement number-.1.....:.to General Rules. Page 1 of 1. REl,V 0 I 1l.-c.3 J" d 1 2 1.:::lO'-t \ \ <l: I (J1 1 :J . .- I I ":l ~ C. '.J '0 .;., '" 0 en 0 .,. .e~UI !!!! - I , !!!! I - Ii . ;, Your Policy Premium This policy is a three year annual installment policy and your premiums are due as follows: Premiums Due at Inceotion . Due at each Subsequent Anniv. Total 3-Year A. Subject to term rule $ 154.00 $ 154.00 $ 462.00 B. *Not subject to rul e $ 572.00 To be determined A and B combined $ 726.00 $ $ *The premium, if any, shown in Item B above is for one year only and is for the coverages shown below. Premiums for subsequent years will be determined at the rates in effect at each anniversary. Produets - restaurant 58260 Other terms All other terms of your policy remain the same. I f we issue this form aft9r the da~e IO.A 00 C.'I takes effect, we must comp:8te these spaces ;:Jr.d our representative must sign below. /.~uthorized representative ?G~:C\t' issued to ~nderson Bav Cruis~s. Ine. ~';ieer:,ent takes eff~ct 'tU w ~ -L-y)CV\, 11-11-83 ;)c. i :C.'i n~ r:b8r I] 8 S~: B 532 5 Insurif1g A.greement Endorsement number_to Insuring Agree::-1ent_. E:1dorserr;e1t niJmber ~to INTRODUCTION ~St. Pawl FirB a"':: '\lar:n~ !:'I:il-r,3.'l.:e ,-:.:~.::la-:'t, :98'J. \ I , j i i General Rules I These rules apply to the entire policy unless you're notified otherwise. , ~Sti1lul Your Policy Period Insuring agreements in this policy begin at 12:01 a.m., standard time, on the effective date. If this pol icy replaces pol icies end i ng at noon, rather than 12:01 a.m., you'll be covered starting at noon when coverage under the old pol icy ends. Insuring agreements added to this policy after its effective date go into force on the date shown in the added agreement. Your coverage is scheduled to end at 12:01 a.m., standard time, on the expiration date. If all or part of this policy is cancelled for any reason before that date, that coverage will end at 12:01 a.m., standard time, on the cancellation date. Estimated Premiums We compute the premium you pay for this policy using information available at the time. So, all or part of your premium may be based on estimates. If estimates are used, we'll compute your actual premium when complete information is available at the end of the policy period. If it's more than you've already paid, you'll owe us the difference. If it's less, we'll pay you back the difference. But you won't pay less than any minimum annual premium agreed on. You must keep accurate records of the information we'll need to compute your premium. Your agent can explain the type of records we'll need. You agree to send us copies of these records at the end of each policy period - or any other time we request them. Our Right To Inspect And Audit You agree to let us inspect your property and business operations during normal business hours while this policy is in force. We're not, however, required to make inspections. Nor will we guarantee that your property or operations are safe, or that they conform to any laws, rules or regulations. Th is pol icy is signed by the President and Secretary of the company named on the I ntroduction Page. One of our authorized representatives must also countersign the policy before it is valid. 40500 Ed. 1.80 Printed in U.S.A. c:St. Paul Fire and Marine Insurance Company, 1980. You also agree to allow us to examine and audit your financial books and records that relate to this insurance at any time up to 3 years after this policy ends. Policy Changes This policy can only be changed by a written form included as part of the policy. The form must be signed by one of our authorized representatives. Nothing else, including notice to one of our agents or knowledge of an agent or someone else, will change this policy or waive any of its terms or stop us from asserting any of our rights under it. We make changes in our standard insurance policy forms from time to time. These changes must conform to state law and are filed with insurance supervisory authorities for approval. While your coverage is in force we can make any change in the form of th is pol icy that broadens or ex tends your coverage. If we do, and the change can be added to your policy without increasing your premium, you'll automatically receive the benefit of the extended or broadened coverage. The same procedure applies to any changes we make in the 45 days before your policy goes into effect. Assignment And Transfers Neither you nor anyone else covered under this polic', can assign or turn over your interest in it without our written consent attached to the pol icy. If you die, however, your interest will be transferred to your legal representative and hE) or she will be covered until the end of the policy period. Until a legal representative is appointed, the person who has temporary custody of your insured property will be covered. Secretary ~d?~ ~~~\.\4 President General Rules. Page 1 of 2. Cancellation , You can cancel this policy in whole or in part at any time. We have the same right. To cancel, you must deliver the policy or the part you want cancelled to us or to any of our authorized agents. If this isn't possible notify us by mail and include the date you want the coverage to end. You'll get a refund for the unused premium less a charge for early cancellation. If we cancel this policy, we'll mail or deliver a cancellation notice at least 30 days before your coverage will end - 10 days if we're cancelling for nonpayment of premium. Mailing this notice to your last known address will be proof you were notified. You'll get a refund of any unused premium as soon as possible. However, the cancellation will be effective whether or not you've been paid or offered the unused premium. Recovering Damages from A Third Party Any person protected under this policy may be able to recover all or part of a loss from someone other than us. Because of this, each protected person must do all that's possible to preserve any right of recovery available. If we make a payment under this policy that right of recovery will belong to us. If we recover more than we've paid, the excess will belong to the person who had the loss. But we'll deduct our recovery expenses first. \ I ! . I I fraud And Misrepresentation This policy will be void if you or any other protected person hide any important information from us, mislead us, or attempt to defraud or lie to us about any matter concerning this insurance - either before or after a loss. Of course, everyone makes mistakes. Unintentional errors or omissions won't affectvour rights under this policy. How State law Affects Thi~ Policy Any part of this policy that conflicts with state law is automatically changed to conform to the law. Arbitration Of Property Disputes If your policy includes property insurance and agreement can't be reached on the amount of your property loss, the following procedure will be used: 1. One of us will make a written demand for arbitration. 2. Each will select an appraiser and decide on a reasonable time and place for an appraisal of the loss and damage. . .sStillul 3. The appraisers willagree on a competent and impartial umpire. If they can't agree on an umpire within 15 days, a judge in the state where the appraisal is to be held will be asked to pick one. 4. The appraisers will each compute the loss and state the actual cash value of the property at the time of loss and the amount of the loss. I f they don't agree, they'll submit their appraisals to the umpire. Agreement of two out of three will decide the amount of the loss. You'll pay your appraiser and we'll pay ours. And other costs of the appraisal and the umpire will be shared equally by you and us. We won't be held to have waived any of our rights under this policy because of the appraisal. : i lawsuits Against Us No one can sue us to recover under th is pol icy unless all of its terms have been lived up to. If your policy includes property insurance. Any lawsuit to recover on a property claim must begin within 1 year of the date you become aware of the loss. State law gives you more time for property located in these states: 'New York, Maine, Virginia, Minnesota - two years; 'North Dakota, North Carolina - three years; 'Wyoming - four years; . Kansas, Nebraska - five years. If your policy includes liability insurance. No one can sue us on a liability claim until the amount of the protected persons' liability has been finally decided either by trial or by a written agreement signed by the protected person, by us and by the party making the claim. Once liability has been determined by judgement or by written agreement, the party making the claim may be able to recover under this policy, up to the limits of your coverage. But that party can't sue us directly or join us in a suit against the protected person until liability has been so determined. If the protected person or his or her estate goes bankrupt or becomes insolvent, we'll still be obligated under this policy. Provision Required By law "This Policy is issued under and in pursuance of the ICiws of the State of Minnesota, relating to Guaranty Surplus and Special Reserve Funds," Chapter 437, General Laws of 1909. (This provision applies only if this policy is issued in the St. Paul Fire and Marine Insurance Company.) Page 2 of 2. t:st. Paul Fire and Marine I nsuranc'e Company, 1980. What To Do If You Have A ~oss Loss Or Damage To Covered Property If an accident or incident causes a property loss that's covered under this policy you must: 1. Tell us or ou r agent what happened as soon as possible. Include the time and place of the event and names and addresses of any witnesses. 2. Notify the police if a law may have been broken. 3. Do everything possible to protect the property from further damage. 4. Make any reasonable and necessary repairs and keep a record of your expenses. 5. Separate the damaged personal property from the undamaged and make an inventory of the damaged items. 6. Show us the damaged property and any records you have to prove your loss. 7. Allow us to question you under oath about your claim. You agree to sign a copy of your answers. You must also do your best to get your employees, members of your household and others with a financial interest in the property to do the same. 8. Send us or our agent a sworn "Proof of Loss Statement" detailing your loss and interest in the property. Payments will be made within 30 days after we reach agreement with you. \ I r I I . 40501 Rev. 7.82 Printed in U.S.A. <est. Paul Fire and Marine Insurance Company. 1982. I .EMul j Someone Is Injured Or Something Happens Which Can Result In A Liability Claim If there's an accident or incident covered under this policy you or any other protected person involved must: 1. Tell us or our agent what happened as soon as possible. Do this even though no claim has been made but you or another protected person is aware of having done something that may later result in a claim. This notice should include: · The time and place of the event; . The protected persons involved; . The specific nature of the incident including the type of claim that may result; and . The name and addresses of any injured people and witnesses. 2. Notify the police if a law may have been broken. 3. Send us copies of all demands or legal documents if someone makes a claim or starts a lawsuit. 4. Cooperate and assist us in securing and giving evidence, attending hearings and trials, and obtaining the attendance of witnesses. 5. Refrain from taking onany financial obligations or paying out any money without our authorization. Doing so may result in our not making reimbursement of the payment even though the cost is covered by the policy. But this rule doesn't apply to money spent for emergency first aid to others at the time of an accident. What To Do If You Have A Loss Page' of 1. i Property Prote~tion Coverage Summary This coverage summary describes each insured item and shows the limits and extent of coverage under your: a;j Multicover Property Protection o Compact Property Protection D Coverage applies only when a limit is shown. Description and location of covered property. Item 1. On the one storv c?poroved roof fra,ne building ~ccupied as a Ticket office located: I .IMuI 25 Causeway Blvd. Clearwater Beach~ FL 33517 limits and extent of coverage. Building D Replacement Cost D Actual Cash Value $ Business Contents o Replacement Cost m Actual Cash Value $ 500.00 Level of Protection Coinsurance % Theft Level of Coinsurance Coverage Protection IZI Yes 0 No 3 80 % Level of Protection % Item 2. Building o Replacement Cost o Actual Cash Value $ Business Contents D Replacement Cost D Actual Cash Value $ Level of Coinsurance Protection % Theft Level of Coinsurance Coverage Protection DYes DNo % Level of Protection % \ I I . 1 ! Deductible. The deductible in your agreement applies unless ar.other deductible is shown here. Ijl Who we'll pay for loss to business contents Mortgage holder Item_; name and address of mortgage holder. Item__; name and address of who we'll pay. If we issue this coverage summary after the date your policy takes effect, we must complete these spaces and our representative must siqn below. Authorized representative Pol icy issued to ,\ W' W d/~:fyJ~ _\nc!erson de'" CruisE's, Coverage summary takes effect jj-:J3-83 Policy number 685:';05325 Ine. 42135 Ed. 1-81 Printed in U.S.A. Coverage Summary. Page 1 of 1. Property Coverage. ~St. Paul Fire and Marine Insurance Company, 1981. fROPERTY PROTECTI~N We've designed this agreement to protect against a variety of property losses. Of course, there are limitations which are explained later in this agreement. Table of Contents Page What This Agreement Covers 1 Property That Has Limited Coverage 2 Property Not Covered 2 Additional Benefits 3 Levels Of Protection 5 Level 1 Protection 5 Level 2 Protection 7 Level 3 Protection 8 ExClusions-Losses We Won't Cover 8 Rules For Loss Adjustment 11 1. How Your Property Is Valued 11 2. Deductible 13 3. Coinsu rance Rule 13 4. Other Insurance 14 Insurance For Your Benefit 15 Adjusting Losses 15 Who We'll Pay For Loss To Business Contents 15 If Your Building Is Mortgaged 15 Other Rules For This Agreement 15 What This Agreement Covers \ I ! . I The Coverage Summary describes each in- su red item and shows the I imit and extent of coverage. In this section we explain what is inCluded under the building and business contents coverages. Building. If you have building coverage, we'll cover your financial interest in the insured building or structure and the fol- lowing building items while they're at the same location. -Fixtures, machinery and equipment that are a permanent part of the building and are used to provide building services. For example, elevators and heating equ ipment. -Yard fixtures such as lampposts and flagpoles. I .;!stiliul -Items you own which you use to service or maintain the building. For example, outdoor fu rn itu re, fire extingu ish ing equipment, floor coverings and appliances for refrigerating, ventilating, cooking, dishwash ing and laundering. But you r building coverage doesn't apply to other items that you, as landlord, use to fur- nish apartments or rooms in your bu ilding. -Construction materials, supplies and equipment that you intend to use to alter, repair or expand the insured building. During construction, we'll cover these materials at the insured location or in the open within 100 feet of it and we'll cover any temporary structures at the insured location. Business contents. If you have business contents coverage, we'll cover your busi- ness contents while: -in or on an insured building; -in the open within 100 feet of the In- su red location; or -within vehicles in the open within 100 feet of the insured location. For example: ~ If you manufacture stoves, raw materials and finished stoves on your loading dock would be covered. We would also cover your goods while in a truck at the loading dock or in the open within 100 feet of your insured location. Business contents means things you own or have a financial interest in such as furniture, equipment, supplies and other movable items used in your business. Your business contents coverage includ~s the value of materials, labor and other 42300 Ed.10-82 Printed in U.S.A.* Insuring Agreement 1 @St.Paul Fire and Marine Insurance Co.1982 Page 1 of 16 Property Coverage .estalul I services you've expended on other peo- ple's property. But it doesn't incl ude the val ue of other people's property. For ex- ample: You run a TV repair shop. A customer's TV is destroyed in a fire at your shop. You have already worked on it and re- placed several parts. You even had to go across town to get one part. We cover the value of your labor, the parts you re- placed and your expense in obtaining the part across town. But we won't cover the value of the customer's TV. Improvements. If you're a tenant at the insured location, your business contents coverage can also apply to improvements that you make to the building. Improvement means a permanent alteration or addition that legally can't be removed. If you pay for an improvement, and none of the payment is part of your rent, we'll cover the value of your right to use the improvement. The limit of business contents coverage is the most we'll pay for all loss to you r con- tents and improvements. However, we won't pay for loss to your improvement if someone other than you pays to repair or replace it. \ I I . I I I I 1 ! Removal. We'll cover loss or damage to covered property that results when you're forced to remove it from a location endangered by a covered peril. We'll cover the property while it's being moved to a safe place and continue your insur- ance for 5 days at each place where it's ker-tt. But the total amount of insurance for all locations combined won't exceed the limit of coverage at the original lo- cation. We'll also cover th is property while it's being returned to the insured location. Debris removal. If insured property is damaged by a covered peril, we'll pay the cost of removing debris of the damaged property. But the amount we'll pay for both loss to your property and debris re- moval expenses combined won't be more than the appl icable I imits of coverage. I i The cost of removing the debris won't be included in determining the actual cash value under the Coinsurance Rule de- scribed on page 13. Property That Has Limited Coverage The following property is only covered for loss directly caused by fire, smoke, lightning, wind or hail to property in a building, explosion, vehicles and ai rcraft, vandal ism and mal icious mischief, civil disturbance and riot or sprinkler leakage: -Live animals, birds and fish you are holding for sale or that you have sold but not yet del ivered if they die or have to be destroyed. -Trees, shrubs and plants you hold for sale or have sold but not yet del ivered. -Val uable papers and records incl uding account books, manuscripts, abstracts, drawings, card index systems, and data processing storage or recording media. Property Not Covered Some pr'operty is only covered if de- scribed in the Coverage Summary. Other property isn't covered at all. Th is section explains these two categories. Property covered only if described. We won't cover the following property unless it's described in the Coverage Summary. -Household or personal effects in living qua rters occupied by you, you r officers, directors, stockholders, partners or rela- tives of any of these, except for the cov- erage provided under Add itional Benefits. -Self-propelled land vehicles designed for use on public roads such as cars, trucks and trailers. But we'll cover motorized eqiupment that is used mainly at the in- sured location and isn't licensed for use on public roads such as lawnmowers, tractors and forkl ifts. -Outdoor signs, including those attached to buildings. Page 2 of 16 @St.Paul Fire and \1arine Insurance Co.1982 i I -Outdoor ornamental trees, plants and sh rubs, except for the coverage provided under Additional Benefits. -Outdoor swimming pools, beach or diving platforms and accesories. - Piers, docks and wharves. -Retaining walls that aren't part of a bu ilding, - Fences, wal ks, roadways and other paved surfaces. -The cost of excavations, grading or fill- ing. - Foundations that are below the lowest basement floor, or below ground level if there is no basement. Foundations include those for boilers, engines and other ma- ch inery. -Underground flues, pipes, drains, piers or pilings. Also, pilings below the low wa- ter mark. Property covered only if held for sale. We'll cover the following items only if you're actually holding them for sale or if they're sold but not yet del ivered and if they're described in the Coverage Summa- ry. -Animals and pets. \ I ! . I -Motorcycles, motor scooters and snowmo- biles. -Outdoor trees, plants and shrubs. -Watercraft, while not on water, including motors, equ ipment and accessories. How- ever, there is one exception. We'll cover rowboats and canoes - whether or not they're held for sale - while out of water at the insured location. Property not covered at all. We won't cover the following property under this agreement. -Aircraft. - Property In a watercraft wh ile on water. I estilJul -Lawns. Growing crops, including stand- ing timber. -Money, securities, deeds, accounts, bills, notes and other evidence of debt. -Property you've sold on an installment or other deferred payment basis after it's been delivered to the customer. -Your interest in personal property that others also have a financial interest in, if you r interest is otherwise covered by in- su rance. -Property that's more specifically insured in whole or in part under this or any oth- er pol icy. But this agreement will provide excess insurance on the property after the more specific coverage is used up. This agreement's deductible and coinsu- rance rule will apply to this excess coverage. Additional Benefits All the following benefits are in addition to the I imits of coverage shown in the Coverage Summary. Temporary location. We'll cover direct loss caused by a covered peril to proper- ty insured under your building or busi- ness contents coverage wh ile the property is temporarily away from your insured lo- cation. Coverage will conti nue for up to 60 days. Th is benefit only covers prop- erty at a fixed location; it doesn't cover property while in transit. We'll pay up to $10,000 for anyone event, but not more than the combined limits of building and business contents coverage \for the in- su red location. This benefit doesn't apply to any of the following: -samples or other property of sales per- sonnel; -property at fairs, exhibitions or displays; -property you rent or lease to others; 42300 Ed.10-82 Printed in U.S.A.* Insuring Agreement 1 @St.Paul Fire and Marine Insurance Co.1982 Page 3 of 16 Property Coverage .e!6lul I -property at a location you own, lease, operate or control; or -property that's on someone else's prem- ises for or during construction or instal- lation. Property in transit. If you have business contents coverage, we'll cover your busi- ness contents while in transit within the continental United States, Alaska, Hawaii, Puerto Rico or Canada or between any of these' places. We'll pay up to $2,500 for direct loss to covered business contents in each vehicle in one event. This benefit only appl ies to losses caused by any of the following perils: -Fire, smoke, explosion, lightning, wind or hail. - Riot, civil distu rbance or vandal ism. -The overturning, stranding, sinking, burning or derailing or a vehicle being used for transportation. -Coil is ion between the veh icle carrying you r property and another veh icle or ob- ject. But we won't cover loss if only the vehicle's cargo - not the vehicle - hits an object. Nor will we cover loss that results from the vehicle hitting a pothole, rail- road crossing or other rough surface. And we won't cover damage that results from the bumping or uncoupling of rail- road ca rs. -Theft of an entire shipping unit. Shipping unit means the container in which a number of items are shipped. For example: '" We won't cover the theft of a single item from a box of 10, but we'll cover the theft of the entire box, Theft from a vehicle you own, lease or operate is only covered when property IS taken from .a locked area of the vehicle and there are visible signs of forced en- try. Th is theft benefit appi ies whether or not you have optional theft coverage for business contents. I This benefit doesn't apply to property In the care of your sales personnel. Nor does it apply to property once it's in the care of the Post Office. Newly acquired property. We'll cover di- rect loss caused by any covered peril to newly acquired property in the conti- nental United States, Alaska, Hawaii or Puerto Rico for up to 30 days. We'll pay up to 25% of your building cov- erage for new fixtures, alterations or ad- ditions you add to a covered building or for new buildings you acquire for use in your business. We'll also pay up to 1006 of your business contents coverage, but not more than $10,000, for loss to newly acquired busi- ness contents in anyone event. But th is benefit doesn't apply to stock at any lo- cation shown in the Coverage Summary, or to contents at a fai r or ex h ibition. Th is benefit ends 30 days after you ac- quire the new property or begin installa- tion or construction. It will end sooner if you report the newly acquired property's value to us to obtain permanent coverage. The additional premium will be due from the day the property is acquired or in- stallation or construction begins. Valuable records research coverage. If you have business contents coverage, we'll pay up to $2,500 for research and other expenses necessary to reproduce, replace or restore val uable records. Th is benefit only applies if the records are damaged by a covered peril while at the insured location. Valuable records include account books, manuscripts, abstracts, drawings, card index systems, computer prog rams and data processing materials. See "Setting a value on records" on page 11 for the amount of coverage for replacing the phy- sical materials. Extra expense to continue your business. We'll pay up to $2,500 to help you main- tain normal business operations following the damage or destruction of covered property by an insured peril. We'll pay extra expenses that are over and above Page 4 of 16 @St. Paul Fire and Marine Insurance Co.1982 j I you r normal operating costs and that are directly related to your loss. We'll cover you from the date of the dam- age for as long as it should reasonably take to rebuild, repair or replace your damaged property regardless of when this agreement ends. We won't pay for loss of income. Nor will we pay for repairing, replacing, or re- storing covered property or necessary papers, computer programs and records under this benefit - unless doing so will reduce the total extra expenses of restor- ing your business. And in no event will we pay more than a total of $2,500 for all your extra expenses. For example: A fire in your machine shop damages a drill. While your drill is being repaired, you rent another to complete an order on schedule. The business contents cover- age will pay for repairing the damaged drill, and this benefit will pay for renting the extra drill. However, suppose that you can have the drill repaired faster by paying $100 for overtime work. By doing so you can reduce your total extra ex- penses from $800 to $600, In this case, we'll pay the above-normal $100 repair expense. 1\ \ I , j I Outdoor ornamental trees, shrubs and plants. We'll cover loss to outdoor orna- mental trees, shrubs and plants at the in- sured location caused by fire, lightning, explosion, aircraft, civi.l disturbance or riot. We'll pay up to $2,500 for anyone event. The most we'll pay for anyone tree, sh rub or plant, incl uding the cost of remov ing or carting it away, is $250. Th is benefit doesn't apply to trees, shrubs or plants grown commercially. Personal belongings. If you have busi- ness contents coverage, we'll pay up to $2,500 for direct loss caused by a covered peril to personal belongings at the in- su red location. The most we'll pay for the property of anyone person is $250. This benefit doesn't apply if the property is otherwise insu red. I iStalul Coverage for other people's property. We'll cover direct loss caused by a cov- ered peril to the personal property of others that's in your care while it's in or on a building at your insured location. We'll also cover this property while: -in the open within 100 feet of the in- sured location; or -within vehicles in the open within 100 feet of the insured location. We'll pay up to 2% of your business con- tents coverage, but not more than $2,500. This benefit applies separately to each in.,. su red location. Levels Of Protection There are three possible levels of pro- tection under this agreement: levels 1,2, and 3. The level of protection for proper- ty covered is shown in the Coverage Summary. I n the following sections we explain what perils are included for each of the three levels of protection. Pro- tection against other perils may be added. Sprinkler leakage. Covered property may be insured for Sprinkler Leakage only. If so, it's indicated by the symbol "SL" for the level of Protection in the Coverage Summary. Sprin kler Lea kage coverage is explained on page 6. Levell Protection We'll insure the covered property against di rect loss or damage caused by any of the perils described in this section. Fire. We'll cover loss or damage caused by fire. This includes smoke and water damage resulting from a fire. Smoke. We'll cover sudden and accidental damage caused by smoke. But we won't cover smoke damage from agricultural smudging or industrial operations. Lightning. We'I/cover all loss or damage caused by I ightn ing. 42300 Ed. 10-82 Printed in U.S.A.* Insuring Agreement 1 @St.Paul Fire and Marine Insurance Co.1982 Page 5 of 16 Property Coverage istitlul I Wind and hail. We'll cover loss or damage caused by wind or hail. We'll also cover water damage inside your building caused by a sprinkler system or other piping that's been damaged by wind or hail. If wind or hail makes openings in the roof or walls, we'll cover damage inside your building caused by rain, snow, sand or dust coming th rough those openi ngs. But we won't cover any other damage caused by frost, cold weather, ice, snow or sleet, even if driven by wind. Nor will we cover damage caused by wind or hail to: metal smokestacks; windmills, wind pumps or thei r towers; or crop silos or thei r contents. And we won't cover damage caused by wind or hail to any of the following while outdoors: -grain, hay, straw or other crops; -trees, shrubs or plants; -outdoor radio or television antennas, In- cluding their lead-in wiring, masts or towers; or -awnings or canopies made of cloth or slats, including their supports. \ I ! I i ! Explosion. We'll cover loss or damage caused by explosion. This includes the explosion of accumulated gas or uncon- sumed fuel in the firebox or combustion chamber of a fired furnance or in the flues or passages leading from the firebox or chamber. But we won't cover losses caused by the explosion of a steam boiler, steam pipe, steam turbine or steam engine that you own, lease or operate. We won't consider any of the following to be explosions and they aren't covered: -electric arcing or sonic booms; -rupture of moving parts of machinery by centrifugal force or mechan ical b rea kdown; -water hammer or ruptu re of water pipes; - ruptu re or operation of pressu re rei ief devices; or j I -the rupture of a building due to the swelling of its contents caused by water. For example: the bursting of a grain ele- vator caused by the swelling of wet g ra In . Vehicles and aircraft. We'll cover direct loss or damage caused by a coil ision of a vehicle or aircraft with the insured prop- erty or the building housing it. We'" also cover damage caused by objects falling from aircraft. Vehicles mean machines that run on land or tracks. Aircraft include self-propelled missiles and spacecraft. But we won't cover damage caused by a veh icle that's owned or operated by you or any tenant of an insured location. And we won't cover damage caused by a vehi- cle to fences, driveways, wal ks, trees, shrubs or plants outside a building. Nor will we cover damage to vehicles or air- craft except those you are manufacturing or holding for sale. Vandalism and malicious mischief. We'" cover intentional and malicious damage to covered property. Th is incl udes mal icious damage to buildings by burglars, but not the theft of any property. We'll cover damage to glass building blocks, but not damage to any other glass that's part of a building, structure or outdoor sign. And we won't cover loss that results if vandal ism causes: -delay, depreciation, deterioration or loss of market; -mechan ical brea kdown or ruptu re of ro- tating parts of machinery you own, oper- ate or control; or -explosion of a steam boiler, steam pipe, steam turbine or steam engine you own, lease or operate. Civil disturbance and riot. We'" cover loss or damage resulting from a civil dis- .turbance or riot, including a riot during a strike. Losses due to looting at the time Page 6 of 16 @St. Paul Fire and Marine Insurance Co.1982 i I and place of a riot are also covered. And we'll cover damage caused by striking employees of the owner or tenants of an insured building while strikers are occu- pying the building. Butwe won't cover damage caused by a change in temperature or humidity. Nor will we cover loss caused by interruption of business that results from the disturb- ance or riot. level 2 Protection We'll insure the covered property against direct loss or damage caused by any of the Level 1 perils described in the pre- ceding section and any of the additional perils described below in this section. Sprinkler leakage. We'll cover loss or damage that results if you r automatic sprin kler system lea ks or discharges wa- ter or any substance. We'll also cover damage that results if a tan k wh ich is part of the sprinkler system collapses or falls. And, if the building is covered, we'll pay the cost of repair or replacement if your sprinkler system freezes or if breakage causes it to leak. \ I 1 . i I l Automatic sprinkler system means any au- tomatic system for fire protection includ- ing sprinklers, discharge nozzles and ducts, pipes, valves, fittings, and tanks with all their parts and supports. Also included are pumps and private fire mains that are part of the system. Non-automatic fire protective systems, hydrants, standpipes or outlets are in- cl uded if they're suppl ied by automatic systems. We'll cover sprinker leakage damage that results from any of the following work, but only if the leakage occurs within 15 days after the work starts: -Repairs, alterations or extensions that involve a wall, support or roof; or -I nsta Ilation or alteration of an automatic sprin kler system. We won't cover any sprin kler leakage damage while the building is vacant. , eRul Building glass breakage. We'll cover breakage of glass that's part of an in- sured building. This doesn't include neon tubing attached to the building. The most we'll pay is $50 per item of glass, up to $250 for all glass broken in anyone event. We'll consider each plate, pane, insulating unit, radiant heating pa- nel, jalousie, louver or shutter to be a separate item. Falling objects. We'll cover loss or dam- age that results if a fall ing object such as a tree branch strikes an insured building. If the falling object damages the outside of a building, we'll also cover damage it causes to covered property in- side the building. We won't cover loss to personal property in the open caused by a falling object. Weight of ice, snow or sleet. We'll cover loss or damage caused by the weight of ice, snow or sleet at the insured location. But we won't cover such damage to outdoor radio or television antennas or towers, gutters or downspouts, awnings, or yard fixtures such as fountains and benches. Nor will we cover such damage to personal property in the open. I n addition, we won't cover damage to any of the following caused by freezing or thawing or by the pressure or weight of ice or water, even if driven by wind: fences; outdoor swimming pools; piers, wharves and docks; diving platforms; re- taining walls that aren't part of a building; or wal ks, roadways, and other paved su rfaces. Water damage" We'll cover loss or damage caused by an accidental leak or discharge of water or steam from a plumbing, heat- ing or air conditioning system or a house- hold appliance. The leak or discharge must be a direct result of a break or crack in a pipe, fitting, fixture or part In the system or appl iance. If damage caused by the leak or discharge is covered, '-.ve'll also pay the cost of tear- ing out and replacing any section of the building when that is necessary to repair the system or appl iance. However, we Page 7 of 16 Property Coverage 42300 Ed.10-82 Printed in U.S.A.* Insuring Agreement 1 @St.Paul Fire and Marine Insurance Co.1982 i .sSlRlul , won't cover the cost of repairing or re- placing the system or appl iance itself unless the building is covered. In addition, we'll cover water damage caused by freezing but only if: .you use reasonable care to see that the building is heated while it's vacant or un- occupied; or .you have the plumbing and heating sys- tem and household appliances drained and the water shut off before leaving the building vacant or unoccupied. Building collapse. We'll cover loss or damage to covered property caused by the collapse of a building at the insured location. But we won't cover damage to any of the following unless the damage is the direct result of the building's collapse: .fences, retaining walls; .outdoor swimming pools, beaches; .piers, wharves, docks; .diving platforms; .patios, wal ks, roadways and other paved surfaces; .outdoor radio or TV antennas or towers including their lead-in wiring; .gutters or downspouts; or .awnings or yard fixtures. Nor will we cover damage caused by settl- ing, cracking, bulging, shrinking, or expansion of a pavement, foundation, wall, floor, roof or ceiling unless the damage is the direct result of the bu ilding' s collapse. level 3 Protection Under level 3, we'll insure the covered property against all risks of direct phys- ical loss or damage. However, we won't cover losses described under Exclusions-Losses We Won't Cover. But loss due to theft or attempted theft of bu- siness contents is covered only if you have theft coverage as indicated in the Coverage Summary. I Property covered for limited amounts under level 3. If you have level 3 pro- tection for business contents, the follow- ing property is covered for limited amounts. However, these limits don't ap- ply to loss caused by fi re, smoke, I ight- ning, wind or hail to property in a building, explosion, vehicles and ai rcraft, vandal ism and mal icious misch ief, civil distu rbance and riot, or sprin kler lea kage. Fur, The most we'll pay for all loss or damage to fur or fur garments in anyone event is $2,500. Jewelry. The most we'll pay for all loss or damage in anyone event to jewel ry, watches, watch movements, pearls, pre- cious and semi-precious stones, and pre- cious metals like gold, silver and platinum is $2,500. But this limitation doesn't ap- ply to jewel ry and watches val ued at less than $50 per item. Patterns. The most we'll pay for all loss or damage to patterns, molds, dies, mod- els and forms in anyone event is $2,500. Stamps - Tickets. The most we'll pay for all loss to stamps, tickets and letters of credit in anyone event is $250. Exclusions-losses We Won't Cover These exclusions apply to all levels of protection. When we use the word "loss" In this sec- tion we also mean damage. Earth {rovement - water. We won't cover loss caused or made worse by: -Earthquake, landslide, mudslide or other ea rth movement; -Eruption, explosion or effusion of a vol- ca no; - Flood, su rface water or spray, even if driven by wind; -Water backup from a sewer or drain; or -Underground water exerting pressure or flowi ng th rough a sidewal k, driveway, foundation, wall, basement, floor , door, window or other opening. Page 8 of 16 @St.Paul Fire and Marine Insurance Co.1982 \ i \ I ! . I I If a fire or explosion results from any of these earth movements or water perils, we'll pay for the damage directly caused by the fire or explosion. For example: An earthquake causes a wall in your building to collapse, breaking a gas pipe. The gas explodes and starts a fire. We won't cover the damage to the wall or pipe caused by the earthquake. But we'll cov- er the damage caused by the fire. This exclusion doesn't apply to a covered theft loss or to loss to property in transit. Seepage. We won 't cover loss that results if water or steam leaks from a plumbing, heating or air conditioning system or household appliance over an extended pe- riod of time. We'll consider any contin- uous or repeated leakage that lasts for over 2 weeks to have occu rred over an extended period of time. Leakage or overflow. We won't cover loss caused by leakage or overflow of plumb- ing, heating, air condition ing or other equipment or appl iances that results from freezing while the building is vacant or unoccupied unless: -you use reasonable care to see that the building is heated; -you have the equipment and appl iances drained and the water shut off before leaving the building vacant or unoccupied. t However, we'll cover loss caused by freezing of fire protection systems even though you don't take these precautions. If damage caused by a leak is covered, we'll also pay the cost of tearing out and replacing any section of the building when that is necessary to repair the equipment or appliance. However, we won't cover the cost of repairing or re- placing the equipment or appliance itself unless the building is covered. Wear - tear - deterioration - animals. We won't cover loss caused or made worse by: , i eStalul -Wear and tear, marring or scratching. -Deterioration, mold, wet or dry rot, rust or corrosion. -Contamination, shrinkage, evaporation, loss of weight. -The inherent nature of the property. I nherent nature means a latent defect or any quality in the property that causes it to deteriorate or destroy itself. -Changes in flavor, color, texture or fin- ish. -Animal and insect pests, including birds, mice, rats and termites. If a loss that would otherwise be covered results from one of these causes, we'll pay for di rect loss that results. For ex- ample: Several chipmunks damage your wall by burrowing into it. One of them chews through a wire and starts a fire. We won't cover the damage to the wall caused by the chipmunks. But we'll cover the dam- age caused by the fire. Settling - smog - temperature. We won't cover loss caused or made worse by: -Changes or extremes in temperature or humidity. -Smog, smoke, vapor or gas from agricul- tu ral or industrial operations. -Settling, cracking, bulging, shrinking or expansion of a pavement, foundation, wall, roof or ceiling, unless the damage is the direct result of building collapse. If a loss that would otherwise be covered results from one of these causes, we'll pay for direct loss that results directly from the covered peril. Property being tested or worked on. We won't cover loss due to the testing of property. Nor will we cover loss to cov- ered property that's being worked on or installed if the loss results from th is work. But if the testing or work results 42300 Ed.10-82 Printed in U'.S.A.* Insuring Agreement 1 @St. Paul Fire and Marine Insurance Co. 1982 Page 9 of 16 Property Coverage estAlul I in a loss that would otherwise be covered, we'll pay for the loss that results directly from the covered peril. For example: You hire an electrician to repair a switch panel. He drops a wrench into the panel which causes a short circuit and starts a fire. We won't pay for the damage to the panel caused by the wrench. But we'll pay for damage caused by the lire. Mechanical breakdown of building items. We won't cover loss to property covered under building items caused or made worse by: -Mechanical breakdown; - Fa i lure; -Derangement of mechanical parts; -Defects due to faulty work, design, ma- terials or manufacture; or - Ruptu re caused by centrifugal force. If a loss that would otherwise be covered results from one of these causes, we'll pay for the loss that results directly from the covered peril. Mechanical breakdown of other property. We won't cover loss to property other than building items caused or made worse oy: -Mechan ical brea kdown; - Fa i lure; -Derangement of mechanical parts; or -Defects due to faulty work, design, ma- terials or manufacture. If a fire or explosion results from any of the above causes, we'll pay for the loss which results directly from the fire or explos~on . Breakage of fragile items. We won't cover breakage of business contents consisting of glass, glassware, marble, bric-a-brac, porcelains or other fragile or brittle arti- cles unless the breakage is caused by fire, smoke, lightning, wind, hail, explo- sion, vehicles, aircraft, vandalism or ma- I icious misch ief, civil distu rbance, riot, burglary or sprinkler leakage. If wind or hail makes openings in your building, we'll cover breakage of fragile items in the building caused by wind or hail com- ing th rough those open ings. I i However, bottles or similar containers holding property you sell or photographic or scientific lenses are not subject to the above I imitations. Electrical equipment. We won't cover loss to electrical equipment, including wiring, caused by electricity other than lightning. But if a fire results we'll pay for the damage caused by the fi reo Electronic recordings. We won't cover loss to electronic recordings caused by electrical or magnetic injury, disturbanee or erasing. Utility failure. We won't cover loss that results from the interruption of power, heating, cooling, or other utility service furnished to an insured location if the break in service occurs away from that location. But we'll pay for a loss that re- sults from a utility interruption if the break in service occurs at the insured lo- cation and is caused by a covered peril. Boilers. We won't cover loss to a hot wa- ter boiler or any other equipment for heating water when the loss is caused by any condition or event within such equip- ment other than an explosion. We won't cover loss to a steam boiler, steam pipe, steam turbine, or steam en- gine when the loss is caused by any con- dition or event within such equipment. Nor will we cover loss caused by the ex- posion of a steam boiler, steam pipe, steam turbine or steam engine that you own, operate or lease. But if a loss results from fire or explosion that would otherwise be covered, we'll cover the resulting loss. '0/e'lI also cover loss caused by the explosion of accumu- lated gas or unconsumed fuel in the fir- ebox or combustion chamber of a fi red fu rnace or in the flues or passages lead- ing from the firebox chamber. Dishonesty. We won't cover loss caused by any fraudulent, dishonest or criminal act committed by you or by a partner, di- rector, trustee, agent or employee of yours. Nor will we cover dishonest acts of P age lOaf 16 @St. Paul Fire and Marine Insurance Co.1982 I anyone entrusted with covered property. But this exclusion won't apply to acts of destruction by an employee of yours other than theft. Disappearance - inventory loss. We won't cover loss of property that just disap- pears or that you find missing when you ta ke inventory. Voluntary surrender. We won't cover the loss if covered property is voluntarily sold or given to someone who obtains it by trick, false pretense or other fraudu- lent schemes. Property in the open. We won't cover loss caused by rain, snow or sleet to pro- perty in the open. Property outside of buildings. We won't cover loss caused by ice, snow, or sleet to metal smokestacks or to the following while outside a building: signs, cloth awnings, and radio and television anten- nas, including their lead-in wiring, masts and towers. Delay - loss of market. We won't cover loss caused by delay, loss of market, loss of use, or any indirect loss. \ I . j I Building laws. We won't cover loss that results from the enforcement of any law governing the use, construction, repair or demol it;on of bu iJdings or other struc- tures, including removal of debris. But you're covered if your property is de- stroyed by a civil authority in order to stop the actual spread of fire. For exam- ple, to establish a fire break. Nuclear activity.(t We won't cover loss caused by nuclear reaction, nuclear radi- ation, or radioactive contamination. And we don't intend these causes of loss to be considered fire, smoke, explosion, or any other covered peril. But we'll cover di- rect loss by fire resulting from nuclear reaction, nuclear radiation or radioactive contamination if the loss would otherwise be covered under this agreement. War and government seizure. We won't cover loss caused by: War (declared or undeclared). Invasion. I nsu rrection. Rebellion. Revolution. Civil war. Or sei- I E~UI zure of power. Or anything to hinder or defend against these actions. We won't cover seizu re or destruction of your property under quarantine or Cus- toms regulations, or confiscation by any government or publ ic authority. Illegal transportation or trade isn't covered. Rules For Loss Adjustment When a loss occurs, we'll consider the fol- lowing factors in determining what we'll pay: 1. How You r Property is Val ued. 2. Deductible 3. Coinsurance Rule 4. Other Insurance. We may take over any of the damaged or destroyed property at its agreed or ap- praised value. Or we can choose to repair, rebuild or replace the property ourselves provided we give you notice with in 30 days after we get you r proof of loss. But you agree that you won't merely abandon th is property to us. 1. How Your Property Is Valued The Coverage Summary indicates whether property is insured on actual cash value or replacement cost basis. Property insured for actual cash value. We'll pay the smallest of the following: -the actual cash val ue of the lost or dam- aged property at the time of loss; -the amount it would cost to repair or re- place the property with similar kind or qual ity; or -the I imit of coverage that appl ies to the property. Property insured for replacement cost. We'll pay the cost of repairing or replac- ing the damaged property without de- duction for depreciation. But we won't pay more than the smallest of the follow- Ing: 42300 Ed.l0-82 Printed in U.S.A.* Insuring Agreement 1 @SLPaul Fire and Marine Insurance Co. 1982 Page 11 of 16 Property Coverage eSlaul I 1. the I imit of coverage that appl ies to the property. 2. the amount you actually spend in re- pairing or replacing the property with property of similar kind and qual ity; or 3. the amount it would cost to replace the damaged item at the time of the loss with property of similar kind and quality to be used for the same pu rpose on the same site. You don't have to replace property on the same site. But we won't pay on a replace- ment cost basis until property has actual- ly been replaced. If your coverage is written for replace- ment cost, you can choose to have your loss figured according to the replacement cost or the actual cash value of the prop- erty. And, even if you fi rst choose to have your loss figured on an actual cash value basis, you can change your mind by letting us know in writing within 180 days from the time of the loss. Property not covered for replacement cost. Even if replacement cost coverage is indicated, we won't cover the following property for replacement cost. Of course, this property is still covered for actual cash value. .We won't cover the replacement cost of merchandise - goods you sell but don't manufacture yourself. .We won't cover the replacement cost of property belonging to others. .We won't cover the replacement cost of household fu rn itu re and other residential contElflts. .We won't cover the replacement cost of property whose val ue is derived from its age, rarity or artistic merit such as man- uscript, painting, tapestry, rare book or antique. .We won't cover the cost of replacing stock whether it's raw, in process or fin- ished. Nor will we cover materials and supplies you use in connection with the manufactu ring process. Raw stock means material as you receive it for processing. I i Stock in progress has undergone some manufactu ring procedu re, but is not yet fin ished. Finished stock is your manufactured pro- duct when it's ready for packing, ship- ment or sale. Rules for valuing special property. The following special rules apply for setting a value on your stock, improvements and val uabl e records. Setting a value on stock. We'll consider the value of your stock that's sold but not delivered to be the price at which it was sold. That price is reduced by any discounts given and any expenses that haven't actually been incurred. Setting a value on improvements. We ex- plain what improvements are covered on page 1. If you're a tenant you may repai r or replace a damaged improvement at you r own expense. If you do so within a rea- sonable time, we'll figure the value of the improvement at actual cash value or re- placement cost, whichever is indicated in the Coverage Summary. But if the damaged improvement isn't re- paired or replaced within a reasonable time, we'll figure its value differently. We'll take the original cost of the im- provement and multiply that by a fraction. The fraction is obtained by di- viding the amount of time left on your lease when the loss occurred by the amount of time left when the improvement was originally made. Original cost X Remainder of lease when loss occu rred Val ue of = Improvement Remainder of lease when improvement made For example: You make a $5,000 improvement on your office one year before your lease expires, Six months later it's destroyed. If you don't repair it wihin a reasonable time. Page 12 of 16 @St. Paul Fire and Marine Insurance Co.1982 I j we'll consider the improvement's value to be: 6 months $5,000 X = $2,500 12 months Setting a value on records. We'll consid- er the value of data processing media to be no more than the cost of blank materi- als. We'll consider the value of computer pro- grams to be no more than the cost of la- bor you incu re for transcribing or copying them. We'll consider the val ue of other records, account books, manuscripts, abstracts, drawings or card systems to be no more than the cost of blank material plus labor you incur in transcribing or copying them. See "Val uable records research coverage" on page 4 for research and other expense coverage. 2. Deductible You'll be responsible for the first $100 of each loss. We'll pay the rest of you r cov- ered loss up to the I imits of coverage. We'll apply this deductible separately to: -Each insured building including any bu- siness contents inside; \ I l . I ! I -Business contents covered under this agreement that are damaged or destroyed while in a building not insured under this ag reement. - Business contents In the open or in a vehicle; or -Each covered outdoor sign, including those attached to the bu ilding. But the total deductible won't exceed $1,000 for anyone event. This deductible won't apply to business interruption insurance or such coverages as extra expense, tuition fees, or loss of rent. I astaJul 3. Coinsurance Rule This coinsurance rule only applies if the Coverage Summary shows a coinsurance percentage for the covered property. If a percentage is shown, you agree to insure your property for a minimum amount. In return, we agree to reduce the premium that would otherwise apply to you r property. What's the minimum amount? It's the ac- tual cash value or replacement cost of your property, whichever is indicated in the Coverage Summary, multipl ied by the appl icable coinsurance percentage. If your insurance under this agreement in- cludes more than one limit of coverage, we'll apply this coinsurance rule separate- ly to the property covered under each limit. Special rule for building losses less than $2,500. At the time of the loss if you have the minimum amount needed for ac- tual cash value, we'll pay building losses less then $2,500 on the replacement cost basis. This applies whether your building is insured for actual cash value or re- pi acement cost. Of cou rse you'll be re- sponsible for the deductible. Coverage on actual cash value basis. If actual cash value is indicated, we'll use the actual cash value of all property in- sured under the same limit of coverage in figuring the minimum amount. For exam- ple: ACV of building at time of loss (including building items) Coinsurance percentage ( 8090) $100,000 " X .80 Minimum amount you agree to insure $80,000 42300 Ed.l0-82 Printed in U.S.A.* Insuring Agreement 1 @St.Paul Fire and Marine Insurance Co.1982 Page 13 of 16 Property Coverage astalul I Coverage on replacement cost basis. However, if replacement cost is indicated, we'll figure the minimum amount different- ly: -First we'll figure the actual cash value, at the time of loss, of all property not covered for replacement cost but that's incl uded in the same I imit of coverage as property that is covered for replacement cost. This includes property like mer- chandise or household furniture listed in the Property Not Covered for Replacement cost section. -Next, we'll add the replacement cost, at the time of loss, of all property covered for replacement cost that's included in the same limit of coverage. We'll use the full replacement cost at the time a loss occurs without deducti ng depreciation. -Then we'll multiply the total by the ap- plicable coinsurance percentage. This will determine the minimum amount of insur- ance you'll need for replacement cost cov- erage. For example: ACV of merchandise Replacement cost building $10,000 $90,000 $100,000 X .90 Coinsurance percentage (90%) Minimum insurance needed for replacement cost coverage $90,000 From these examples you can see how you may need a higher amount of insurance for replacement cost coverage. Because property values change, we'll figure the minimum amount at the time a loss occurs. Therefore, it's important for you to re- view the amount of your insurance periodically to be sure you're living up to this agreement. We won't count the value of property covered under your Addi- tional Benefits or the cost of debris removal in figuring your minimum amount. How the rule works. If at the time of loss your property is insured for the minimum amount or more, this coinsurance rule won't have any effect on what we'll pay. However, if your property is insured for i I less than the minimum amount at the time of loss, you'll have to share your loss with us. Here's how we'll determine what we'll pay and what your share will be: First, the amount of your insured loss less the deductible will be determined. Then we'll divide the amount of insurance you had on your property by the minimum amount you should have had. Next, we'll multiply this result by 100 to convert it to a percentage. We'll pay this percentage of your loss up to the limits of coverage or .100% of the loss, whichever is less. The rest is your share. Here's an example of how it works: Amount of your loss Amount of insurance you had Minimum amount you should have had $40,000 $60,000 $80,000 $60,000 $80,000 = .75 X 100 = 75% $75% of $40,000 = $30,000 We'll pay $30,000 of your loss. The re- maining $10,000 is your share. From this example you can see that it's important to keep your property insured for at least the coinsurance percentage you agreed to. Otherwise we may pay on- ly a part of your loss. Inventory, Normally, you'll have to make a special inventory or appraisal of undam- aged property. But we won't require it if you r total claim for loss is less than $10,000 and less than 596 of the total amount of insurance you have covering the damaged property. 4. Other Insurance Other insurance may be available to cover you r loss. If so, we'll pay the amount of your loss that's left after the other insur- ance has been used up, less the deduct- ible. But we won't pay more than the applicable limit of coverage under this ag reement. Page 14 of 16 @St. Paul Fire and Marine Insurance Co.1982 I Insurance For Your Benefit This insurance is for your benefit. No third party having temporary possession of your property, such as a transporta- tion company, can benefit directly or in- directly from it. Adjusting Losses If ther~'s a covered loss to your property, we will, of course, adjust the loss with you. If there's a covered loss to someone else's property, we'll adjust the loss with you for the owner's account. Or, we can choose to settle directly with the owner. If we settle with the owner, the owner's release will satisfy any claim you ma ke for the same loss. Who We'll Pay For Loss To Business Contents If the Coverage Summary identifies a per- son or organization to receive payments for loss to business contents, we'll adjust the loss with you. However, payment will be made to you and the person or organ- ization named, based on the financial in- terest each has in the covered property. If Your Building Is Mortgaged i~ \ I I i If the Coverage Summary identifies a mortgage holder, th is section appl ies. We'll make payments for losses to you and any mortgage holder based on the interest each has in the covered property. Rights of mort!lage holder. A mortgage holder's right to receive payment won't be affected by any of the following: -Your actions or inactions, or those of the bu ilding's owner; -Foreclosure or other similar proceedings; -Changes in title, or - -Use of the building for a more hazardous purpose than allowed by this agreement. If you fail to make a claim for a loss to your building, your mortgage holder can make a claim by submitting a "Proof Of Loss Statement." The same rules and con- I ef1l1tUI ditions that apply to you will apply to the mortgage holder. Duties of mortgage holder. Your mort- gage holder must notify us upon learning that the insured building is being used for a purpose that increases the risk of damage. Your mortgage holder must also inform us upon learning that the building is being sold or that there's a change in occupancy. If you fail to pay any premium when due, we can request payment from the mort- gage holder. We may also ask your mort- gage holder to pay any extra premiums we require because the building is being used for more hazardous activities. If the mortgage holder chooses not to pay this extra premium, coverage will end. Transfer of mortgage holder's right to us. If we make a payment to your mort- gage holder for loss or damage that we claim isn't covered by this agreement the mortgage holder's rights to recover that amount from you will than belong to us. But that won't affect your mortgage hold- er's rights to recover the remaining amount of the mortgage debt from you. We also have the right to payoff the mortgage debt. If we do, we'll take over the mortgage holder's right to be repaid by you. Cancellation notice to mortgage holder. If we cancel this agreement, we'll mail or de- liver a cancellation notice to your mort- gage holder at least 30 days before coverage ends - 10 days if we cancel for non-payment of premium. Other Rules For This Agreement Maintaining your coverage. You should keep your building and property in as safe a condition as possible. If you are aware of a condition under you r control that increases the ris k of loss, you should do all you can do to reduce the hazard. However, your coverage won't be affected by increased hazard or by a change in the use of the property. Nor will it be af- 42300 Ed.l0-82 Printed in U.S.A.* Insuring Agreement 1 @St.Paul Fire and Marine Insurance Co.1982 Page 15 of 16 Property Coverage d!Slillul , fected by the action or inaction of the owner or occupant of a covered building over wh ich you have no control. Protective safeguards. You must maintain any protective safeguards under your control that were described in the Protec- tive Safeguards Endorsement. We gave you credit for these safeguards in setting our rates. If you fail to maintain these safeguards, we won't be liable for losses to the specifically affected areas. Howev- er, your coverage will continue for other areas. Unoccupied or vacant building. We won't cover losses that occur while the building is unoccupied for more than 60 consec- utive days. Your building is unoccupied if the contents remain but the building's usual activity is suspended. You may buy an endorsement which extends the period your building may be unoccupied. Your coverage won't be affected when you leave a building unoccupied if it's normal for the building's use. For example, un- occupancy is normal when a school closes for the summer recess or a seasonal re- sort shuts down du ring the off-season. Your building is vacant if usual activity is suspended and it doesn't contain the business contents normally used there. We won't consider buildings under con- struction to be vacant. If a building is vacant, we'll reduce our payment for cov- ered losses by 15% for a loss that occu rs after the fi rst60 consecutive days of va- cancy. You may buy an endorsement which extends the period your building may be vacant. If you do, the 15% penalty does not apply du ri ng that PEViod. I .j Neither vandal ism nor sprin kler lea kage losses are covered after 60 consecutive days of either vacancy or unoccupancy. Construction or repairs. You may make additions, alterations or repairs to cov- ered property without notifying us be- forehand. You must maintain an automatic sprinkler system if you've agreed to do so. You al- so agree to tell us if you make any addi- tions without sprinklers to a building that has sprinklers. Preserving your rights. You must do all you can to preserve any rights you have to recover your loss from others. If you do anything to impair these rights, we won't pay for you r loss. Before a loss occurs, you can give anyone a written release from any responsibil ity for losses to property. You can also ac- cept ordinary bills of lading from a ship- per, even if they limit the carrier's I iabil ity for losses. But after a loss you can release only: -You r tenant; -Another person covered under this poli- cy; or -Any firm or organization that you own or control or that owns or controls you. Repairs after loss. When a covered loss occu rs, you must ma ke any reasonable and necessary repairs to protect your property from further damage. Keep an accu rate record of the necessa ry ex- penses. The cost of repairs made neces- sary by loss from a covered peril will be incl uded in determin ing you r covered loss. Page 16 of 16 @St. Paul Fire and Marine Insurance Co.1982 Standard Fire Supplement PyliCy This supplement provides policy language required by law in your state. , alMul i What This Supplement Does This agreement together with the General Rules and the What To Do If You Have A Loss page contains the terms of the Standard Fire Policy. However, some states require all or part of the Standard Fire Policy language to be included in any policy providing fire insurance. Because this policy covers property located in one of these states we have attached this supplement to provide the legally required language. How this affects your coverage. If the terms of the Standard Fire Policy should be interpreted as being more favorable than this agreement, you'll get the benefit of the more favorable interpretation. But this only applies to insurance against loss.or damage by fire, lightning or removal from premises endangered by fire or lightning. Standard Fire Policy Language IN CONSIDERATION OF THE PROVISIONS AND STIPULATIONS HEREI!'\: OR ADDED HERETO AND OF the premium, this Company. for the term of years from inception date at 12: 01 a.m. IStandard Time} to expiration date at 12:01 a.m. (Standard Time) at location of property involved, to an amount not exceeding the amount(sl specified in the Declarations, does insure the named insured In the Declarations and legal representatives. to the extent of the actual cash value of the property at the time of loss. but not exceeding 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, without allowance for any increased cost of repair or reconstruction by reason of any ordinance or law regulating construction or repair, and without compensation for loss resulting from interruption of business or manufacture, nor in any event for more than the interest of the insured, against all DIRECT LOSS BY FIRE, LIGHTNING AND BY REMOVAL FROM PREMISES ENDANGERED BY THE PERILS INSURED AGAINST IN THIS POLICY, EXCEPT AS HEREINAFTER PROVIDED, to the property described herein while located or contained as described in this policy, or pro rata for five days at each proper place to which any of the property shall necessarily be removed for preservation from the perilS insured against in this policy, but not elsewhere. Assignment of this policy shall not be valid except with the written consent of this Company. This policy is made and accepted subject to the foregoing provisions and stipulations and those hereinafter stated, which are hereby made a part of this policy, together with such other provisions, stipulations and agreements as may be added hereto. as provided in th is pol icy. \ I ! . 1 ! 1 Concealment, This entire policy shall be void if, whether 2 fraud. before or after a loss, the insured has wil- 3 fully concealed or misrepresented any ma- 4 terial fact or circumstance concerning this insurance or the 5 subject thereof. or the interest of the insured therein, or in case 6 of any fraud or false swearing by the insured relating thereto. 7 Uninsurable This policy shall not cover accounts. bills, 8 and currency, deeds. eVidences of debt. money or 9 excepted property. securities; nor, unless specifically named 10 hereon in writing, bullion or manuscripts. 11 Perils not This Company shali not be liable for loss by 12 included. fire or other penis Insured against In this 13 policy caused. directly or Indirectly. by: lal 14 enemy attack by armed forces, Including action taken by mdi. 15 tary. naval or air forces in resisting an actual or an immediately 16 impending enemy attack; Ibl Invasion; lei insurrection; Id) 17 rebellion; lei revolution; III clv,1 war;lplg) usurped power; Ihl , 8 order of any civil authority except acts of destruction at the t.me 1 9 of and for the purpose of preventing the spread of fire, provided 20 that such fire did not originate from any of the perils excluded 21 by this policy; 111 neglect of the insured to use all reasonable 22 means to save and preserve the property at and after a loss, or 23 when the property IS endangered by fire in neighboring premo 24 ises; Ijl nor shall thiS Company be liable for loss by theft. 25 Other Insurance. Other insurance may be prohibited or the 26 amount of insurance may be limited by en- 27 dorsement attached hereto. 28 Conditions suspending or restricting insurance. Unless other- 29 wise provided in writing added hereto this Company shall not 30 be liable for loss occurring 31 la) while the hazard is Increased by any means Within the con- 32 trol or knowledge of the insured; or 33 Ib} while a described building, whether intended for occupancy 34 by owner or tenant, is vacant or unoccupied beyond a period of 35 si xty consecutive days; or 36 (e) as a result of explosion or riot, unless fire ensues, and in 37 that event for loss by fire only. 38 Other perils Any other peril to be insured against or sub- 39 or subjects. ject of insurance to be covered in this policy 40 shall be by endorsement in writing hereon or 41 added hereto. 42 Added provisions. The extent of the application of insurance 43 under thiS policy and of the contribution to 44 be made by this Company in case of loss, and any other pro- 45 vision or agreement not inconsistent with the provisions of this 46 policy. may be provided for in writing added hereto. but no pro- 47 Vision may be waived except such as by the terms of this pOlicy 48 is subject to change. 49 Waiver No permission affecting this insurance shall 50 provisions, exist, or waiver of any pravis'ion be val id, 51 unless granted herein or expressed in writing 52 added hereto. No prOVISion, stipulation or forfeiture shall be 53 held to be waived by any requirement or proceeding on the part 54 of thiS Company relating to appraisal or to any examination 55 provided for herein. 56 Cancellation This policy shall be cancelled at any time 57 of policy. at the request of the insured, in which case 58 thiS Company shall, upon demand and sur- 59 render of this policy, refund the excess of paid premium above 60 the customary short rates for the expired time. This poi- 61 icy may be cancelled at any time by this Company by g,v"'g 62 to the Insured a five days' written notice of C.1ncellatlon with 63 or without tender of the excess of paid premium above the pro 64 rata premium for the expired time, which excess, If not ten- 65 de red shall be refunded on demand. Notice of cancellation shall 66 state' that said excess premium (if. not tendered) will be re- 67 funded on demand. 68 Mortgagee If loss hereunder is made payable, in whole 69 interests and or in part, to a designated mortgagee not 70 obligations. named herein as the insured, such interest m 71 this poliCY may be cancelled by giving to such 72 mortgagee a ten days' written notice of can- 73 cellation. 74 If the Insured fads to render proof of loss such mortgagee, upon 75 notice, shall renuer proof of loss in the form herein speCified 76 Within sixty 1601 days thereafter and shall be subject to the pro- 77 visions hereof relating to appraisal and time of payment and of 78 bringing suit. If this Company shall claim that no liability ex- 79 isted as to the mortgagor or owner, it shall, to the extent of pav. 80 ment of loss to the mortgagee, be subrogated to all the mort. 81 gagee's rights of recovery. but without impairing mortgagee's 82 right to sue; or it may payoff the mortgage debt and requ,re 42048 Rev. 1-83 Printed In U.S.A. Supplement to Property Protection Agreement. Page 1 of 2. Property Coverage. 'Dol I 83 an assignmei thereof and of the mortgage. Other provisions 84 relating to the interests and obligations of such mortgagee may 85 be added hereto by agreement in writing. 86 Pro rata liability, This Company shall not be liable for a greater 87 proportion of any loss than the amount 88 hereby insured shall bear to the, whole insurance covering the 89 property a9ainst the peril involved. whether collectible or not. 90 Requirements in The insured shall' give immediate written 91 case loss occurs. notice to this Company of any loss, protect 92 the property from further damage. forthWith 93 separate the damaged and undamaged personal property, put 94 it in the best possible order, furnish a complete inventory of 95 the destroyed. damaged and undamaged property, showing in 96 detail quantities. costs. actual cash value and amount of loss 97 claimed; and within sixty days after the loss, unless such time 98 is extended in writing by this Company, the insured shall render 99 to this Company a proof of loss. signed and sworn to by the 100 insured. stating the knowledge and belief of the insured as to 101 the following: the time and origin of the loss. the interest of the 102 insured and of all others in the property. the actual cash value of 103 each item thereof and the amount ,of loss thereto. all encum. 104 brances thereon, all other contracts of insurance. whether valid 105 or not. covering any of said property, any changes in the title, 106 use. occupation, location, possession or exposures of said prop. 107 erty since the issuing of this policy. by whom and for what 108 purpose any building herein described and the several parts 109 thereof were occupied at the time of loss and whether or not it 110 then stood on leased ground. and shall furnish a copy of all the 111 descriptions and schedules in all policies and, if required. verified 112 plans and specifications of any building, fixtures or machinery 113 destroyed or dama9ed. The insured, as often as may be reason. 114 ably required, shall exhibit to any person designated by this 115 Company all that remains of any property herein described. and 116 submit to examinations under oath by any person named by this 117 Company. and subscribe the same; and, as often as may be 118 reasonably required. shall produce for examination all books of 119 account. bills. invoices and other vouchers. or certified copies 120 thereof if originals be lost. at such reasonable time and place as 121 may be designated by this Company or its representative. and 122 shall permit extracts and copies thereof to be made. 123 Appraisal. In case the insured and this Company shall 124 fail to agree as to the actual cash value or Includes Standard Fire Insurance Policy for Missouri. Other fire insurance is prohibited in the state of Missouri. I 125 the amount of loss, then, on the written demand of either, each 126 shall select a competent and. disinterested appraiser and notify 127 the other of the appraiser selected within twentY days of such 128 demand. The appraisers shall first select a competent and dis. 129 interested umpire; and failin9 for fifteen days to agree upon 130 such umpire, then. on request of the insured or this Company. 131 such umpire shall be selected by a judge 01 a court 01 record in 132 the state in which the property oovered is located. The ap. 133 praisers shall then appraise the loss, stating separately actual 134 cash value and loss to each item; and. lailing to agree. shall 135 submit their dilferences. only, to the umpire. M award in writ. 136 ing. so itemized, of any two when filed with this Company shall 137 determine the amount 01 actual cash value and loss. Each 138 appraiser shall be paid by the party selecting him and the ex- 139 penses 01 appraisal and umpire shall be paid by the parties 140 equally. 141 Company's 142 options. 143 144 145 146 147 148 149 150 When loss 151 payable. 152 153 154 155 156 157 158 159 160 161 162 163 164 any party lor loss 165 by this Company. It shall be optional with this Company to take all. or any part. 01 the property at the agreed or appraised value, and also to reo pair, rebuild or replace the property destroyed or damaged with other of like kind and quality within a reasonable time. on giv- ing notice of its intention so to do within thirty days alter the receipt of the proof of loss herein required. Abandonment. There can be no abandonment to this Com- pany of any property. The amount of loss for which this Company may be liable shall be payable sixty days alter proof 01 loss. as herein provided, is received by this Company and ascertainment of the loss is made either by agreement between the insured and this Company ex- pressed in writing or by the filing with this Company of an award as herein provided. Suit. No suit or action on this policy lor the recOV- ery of any claim shall be sustainable in any court of law or equity unless all the requirements 01 this policy shall have been complied with. and unless commenced within twelve months next after inception of the loss. Subrogation. This Company may require Irom the insured an assignment 01 all right 01 recovery against to the extent that payment therefor is made I ! 1 ! STATE EXCEPTIONS FLORIDA and WISCONSIN: The words "five days' " in line 62 of the provisions hereinafter are changed to "ten days' ". IDAHO: The words "five days' " in line 62 of the provisions hereinafter are changed to "twenty days' ". KANSAS: The words "demand and" in line 58 and "on demand" in lines 65 and 67 of the provisions hereinafter are deleted. The words "twelve months" in line 161 of the provisions hereinafter are changed to "sixty months". MAINE: The words "five days' " in line 62 and "twelve months" in line 161 of the provisions herein- after, are changed to "ten days' "and "twenty-four months" respectively. MICHIGAN: Following line 156, the following is added: If a municipality has elected to apply the provisions of Michigan Public Act 495 of 1980, a part of this Company's payment for fire or explosion loss to insured real property in that municipality will be with- held in the event that the loss is subject to the provisions of the act. The withheld amount will be paid either to the municipality or to the named insured, and Mortgagee. if any, according to the provisions of Public Act 495. This Company will notify the named insured. any Mortgagee and the municipal ity of any loss subject to the provisions of Public Act 495. MICHIGAN and NEW HAMPSHIRE: The time of inception and the time of expiration of this policy shall be 12:00 Noon Standard Time. MISSOURI: Lines 60-67 are deleted and replaced by the following: This policy may be cancelled, not renewed. reduced in amount, or adverse~ modified at any time by the company giving to the insured thirty (30) days written notice of such action with or without tender of the excess of paid premium above the pro rata premium for the expired time, which excess, if not tendered, shall be refunded on demand, Only ten (10) days notice is required where such action is based upon non-payment of premium or evidence of incendiarism by the insured." Lines 141 through 147 are deleted and replaced by the following: Upon partial destruction or damage to insured property, this company shall pay the insured a sum of money equal to the damage done or repair the same to the extent of such damage, not exceeding the amount written in the policy, so that said property shall be in as good condition as before the fire, at the option of the insured, pursuant to section 379.150 RSMo (1969)." NEW JERSEY and MICHIGAN: The words "sixty days" in line 151 of the numbered line provisions are changed to "thirty days". NORTH CAROLINA: The line designated 161 is amended by deleting the words "twelve months" appearing therein and inserting in lieu thereof the words "three years". NORTH DAKOTA: The words "twelve months" in line 161 of the provisions hereinafter. are changed to "thirty-six months". WYOMING: The words "sixty days' " in line 151 of the numbered line provisions are changed to "forty-five days' ". The words "twelve months" in line 161 of the provisions hereinafter are chan<Jed to "four years". Page 2 of 2. Automatic Incr~ase In Insurance Endotsement This endorsement changes your !Xl Multicover Property Protection o Compact Property Protection o Condominium Property Protection o I How Your Coverage Is Changed The limits of your coverage under your Property Protection agreement are increased by the percentage shown below. Unless specific items are listed, this endorsement applies to all property for which a percentage is shown. If specific items are listed, the increase applies only to those items. How Your Insurance Is Increased At the end of every three months after your agreement takes effect, we'll increase your insurance by the following percentage of the limits shown in the Coverage Summary. % for Building coverage 2 % for Business CQntents coverage % for all Covered Property Specific Items Item Description number of covered Property For example, your coverage for buildings is $50,000 and your increase percentage is 2% of your buildings coverage. At the end of each three-month period your coverage will increase by 2% of $50,000 - ot $1,000. So after three months, your buildings coverage will increase to $51,000, after six months to $52,000 and so on. These percentages apply only to the limits of your coverage shown in the Coverage Summary and not to the increases you're given under this endorsement. Other Terms All other terms of your policy remain the same. \ I l . 1 I f .. If we issue this endorsement after the date your policy t2kes effect, we must complete these spaces and our representative must sign below. Authorized representative '(A) 'to 42009 Ed. 1-80 Printed in U.S.A. tlSl. Paul Fire and Marine Insurance CompaClY. 1980. Pol icy issued to Andprson 3d" Crllises. Inc. Endorsement takes effect 1 J. - :11- 83 Policy number G 8 ') ~\13 5 3 2 5 Endorsement 'number -1-to I nsuring Agreement~. Page 1 of 1. Propertv Coverage. General Liability Coverage Surrfnary This Summary shows the limits and other features of your liability protection. You only have the coverage or feature for which a limit or other entry is shown. Other liability agreements and endorsements may be a part of your policy. Comprehensive General Liability Protection Limits of coverage. You may have either a combined single limit or separate limits. See the Limits Of Coverage section of your agreement for an explanation. KJ Single limit applies. $ 1,000,000.00 Combined single limit o Separate limits apply. For bodily injury claims: $ $ Each accidental event limit Total limit For property damage claims: $ $ Each accidental event limit Total limit \ I I . I i Optional exclusions. The first two exclusions are explained in the insuring agreement. Other exclusions are explained in a separate endorsement. o Products - completed work exclusion. o Professional services exclusion. o Explosion hazard exclusion. o Collapse hazard exclusion. o Underground exclusion. o o " If issued after the date your policy begins, these spaces must be completed and our representative must sign below. Authorized representative , i /. 43059 Ed. 10-81 Printed in U.S.A.. &L 'C;;St. Paul Fire and Marine Insurance Company. 1981. 'i .IDol Property Damage Deductible o If this box is checked, the deductible in your agreement appl ies. $ per claim o If this box is checked, see separate liability deductible endorsement. Premium Adjustment Endorsement IXIlf this box is checked, the Premium Adjustment Endorsement appl ies. General Liability Broadening Endorsement o Does not apply. ~ Applies. See the attached endorsement. o Employment-related claims exclusion. If this box is checked, the Employment-related claims exclusion in the Personal Injury and Advertising Injury Coverage section is deleted. Policy issued to Anderson BAY Cruises, Ine. Coverage ta kes effect :11-:1.:1-83 Policy Number 68SNB5325 Coverage Summary. Page 1 of 1. i Comprehensive General Liability Protection We've designed this agreement to protect against two kinds of liability claims: 1. Claims resulting from bodily injury to others. 2. Claims resulting from damage to other people's property. Of course there are some limitations which are explained later in this agreement. I a_ul Table Of Contents What This Agreement Covers Who Is Protected Under This Agreement Financial Responsibility Laws Where We Cover Limits Of Coverage Property Damage Deductible Exclusions - Claims We Won't Cover Optional Exclusions Other Insurance Page 1 1 2 2 2 3 3 6 6 \ I , I . j ! What This Agreement Covers This agreement covers the type of claim - Bodily Injury or Property Damage - for which a limit is shown in the Coverage Summary. We'll pay amounts you and others protected under this agreement are legally required to pay as damages for a covered bodily injury or property damage claim resulting from an accidental event. Bodily injury means any physical harm to a person's health including sickness or disease that happens while this agreement is in effect. If a bodily injury is covered, we'll cover damages for care, loss of services or death resulting from the injury. Property damage means any damage to tangible property of others that happens while this agreement is in effect. This includes loss of use of the damaged property resulting from the damage. Property damage also includes loss of use of others' property that hasn't been physically damaged if caused by an accidental event that happens while th is agreement is in effect. Injury or damage. When we say "injury or damage" we mean bodily injury or property damage. Accidental event means any event that results in bodily injury or property damage that the protected person didn't expect or intend to happen. Additional benefits. All the following benefits are in addition to the limits of coverage. Defending lawsuits. We'll defend any suit brought against you or any other protected person for covered claims, even if the suit is groundless or fraudulent. We have the right to investigate, negotiate and settle any suit or claim if we believe that is proper. We'll pay all costs of defending the suit, including interest on that part of any judgment that doesn't exceed the limit of coverage that applies. But we won't defend a suit or pay a claim after the limit of coverage has been used up in paying judgments or settlements. Legal bonds. We'll pay premiums for appeal bonds, or bonds to release property that's being used to secure a legal obligation, that are required in a suit we defend. However, we'll only pay for bonds valued up to the limit of coverage that applies and we have no obligation to apply for or furnish these bonds. Expenses related to defense. We'll also pay all reasonable costs that you or any protected person incur at our request while helping us investigate or defend a claim or suit. This includes up to $50.00 per day for actual loss of earnings. For example, if someone sues you, we may ask you to be a witness in a trial. If you lose earnings as a result, we'll pay Lip to $50.00 per day for earnings you actually lose. First aid. We'll pay the cost of first aid given to an injured person if the injury is covered under this agreement. Who Is Protected Under This Agreement Besides you, certain other persons are protected ~der th is agreement. Some are protected because of how your business is owned: by an individual, partnership or joint venture, or other organization such as a corporation. Others are protected regardless of how it's owned: real estate managers and mobile equipment operators. I ndividual. If th is pol icy is in you r name as an individual, you and your spouse are protected against claims resulting from conducting your business as a sole proprietor. 43000 Ed. 10-81 Printed in U.S.A, Page 1 of 7. Liability Coverage. ~St. Paul Fire and Marine Insurance Company. 1981. Insuring Agreement 36. ,..... , j Partnership. If this policy is in the name of a partnership or joint venture, that organization is protected. Individual partners or co-venturers are also protected for their liability as members of the named organization. Corporation. If this policy is in the name of a corporation, or some other type of organization, its executive officers, directors and stockholders are protected while they're acting within the scope of their duties for the named organization. Real estate manager. Any organization or person, other than one of your employees, is protected while acting as a real estate manager for you. Mobile equipment operators. Your business may use mobile equipment registered under a motor vehicle registration law on public roads. If so, your employees are protected while operating such mobile equipment within the scope of their duties for you. Other persons are protected only whi Ie they operate mobile equipment registered to you with your permission. Any person or organization legally responsible for these operators is protected too. But this protection won't apply if other valid and collectible insurance is available to cover their liability. There are other limits on this protection for mobile equipmentoperators. They are not protected for: oinjuries to fellow employees while on the job; or · damage to property owned, rented or controlled by you or the employer of anyone you let use your equipment. We explain what we mean by mobile equipment on page 5. Financial Responsibility Laws If this agreement is certified by us as proof of financial responsibility for the future under any motor vehicle financial responsibility law, it will comply with the law to the extent of the required protection. If we make any payment that isn't required by any other part of this agreement but is required by a financial responsibility law,you agree to reimburse us for that payment. I Where We Cover We cover accidental events that take place in the United States of America, its territories or possessions, Puerto Rico or Canada. And events that happen in international waters or air space that don't involve travel to or from any other country. We also cover accidental events that take place anywhere in the world that are caused by one of your products sold for use in the United States of America or Canada. But we only cover such events if the original suit for damages is brought within either of these two countries. Limits of Coverage The coverage under this agreement may be subject to a Combined Single Limit or to Separate Limits, depending on which is shown in the Coverage Summary. If the Combined Single Limit is shown, it is the most we'll pay for the combined total of all bodily injury and property damage claims that result from anyone accidental event. This same amount is also the combined total limit. This means it's the most we'll pay for the combined total of all bodily injury and property damage claims that are subject to the total limit. How the total limit works is explained below. If Separate Limits are shown, two types of limits - an accidental event limit and a total limit - apply to the amount we'll pay. One pair of these limits apply to bodily injury claims and another pair apply to property damage claims. Each accidental event limit. This is the most we'll pay forall claims that result from anyone accidental event. This limit applies no matter how many persons protected under this agreement are involved or how many claims are made. We'll consider all injury and damage caused by continuous or repeated expos~re to basically the same conditions to be the result of one accidental event. Total limit. The total limit is the most we'll pay for all claims resulting from all accidental events that take place in a policy year. By policy year, we mean each consecutive annual period of the policy. If Separate Limits apply and a total limit is left blank, that total limit is the same as the limit for each accidental event or$50,OOO, whichever IS more. Page 2 of 7. '~St. Paul Fire and Marine Insurance Company, 1981. I \ I ! . j ! The bodily injury total limit applies only to claims described in the "Products - completed work" section below. Of course, if the optional "Products - completed work" exclusion applies, there is no coverage for claims described in the "Products - completed work" section. The property damage total limit applies only to claims described in the following 3 sections: "Manufacturer - Contractor," "I ndependent contractor" and "Products - completed work." The property damage total limit applies separately to each of these sections. ,. Manufacturer - Contractor. The total limit applies to property damage claims resulting from your activities as a manufacturer or contractor. This includes claims related to the material you provide or contractors' equ ipment you rent to others. The total limit also applies to property damage for which you've assumed liability under any contract in connection with such activities. We'll apply the total limit separately to each project away from the prem ises you own or rent from others. 2. Independent contractor. The total limit applies to claims for property damage resulting from work done for you by independent contractors. This includes damage that results from your direct supervision of the work. The total limit also applies to property damage for which you've assumed liability under any contract in connection with such work. But the total limit doesn't apply to a contract for maintenance, repair or remodeling of a building you own or rent. We'll apply the total limit separately to each project away from prem ises you own or rent from others. 3. Products - completed work. The total limits apply to bodily injury and property damage that happens aI/Jay from your premises and is caused by your products, your completed work, or people relying on statements or warranties you've made about your products or completed work. Your products mean any product or its container which you or others using your name have manufactured, sold, handled or distributed, if the injury or damage occurs after you've given physical possession of the product or container to others. We won't consider a vehicle to be a container. We won't consider items rented to others to be your products. Nor will we consider your products to include an item you haven't sold but which you allow others to use - like a vending machine. I .IMul Completed work means work you've completed, had completed for you or abandoned. Completed work includes the condition of a vehicle or cargo when that condition is created by the loading or unloading of the vehicle. When we consider work to be completed. We'll consider work to be completed at the earl iest of the following, even though further service, maintenance, correction, repair or replacement is required because of a defect: 'When all work contracted to be done by you or on your behalf has been finished. 'When all work to be done by you or on your behalf at the site of the work which causes the injury or damage has been finished. 'When the part of the work which causes the injury or damage has been put to its intended use by someone other than another contractor who is working for a principal on the same project. However, we won't consider uninstalled or abandoned materials or tools to be completed work. Nor will we consider any work done in connection with transporting property - other than a condition created by the loading or unloading of a vehicle - to be completed work. Property Damage Deductible If a deductible is shown in the Coverage Summary, you or another protected person will be responsible up to that amount for each property damage claim. We'll pay covered claims over the deductible amount up to the Ii m i t of property damage coverage that applies. We can pay the deductible to settle a claim. I f we do, you agree to repay us as soon as we noti fy you of the settlement. You're responsible for $5,000 damage to Mr. Green's property. Your deductible is $100. We pay Mr. Green the $5,000 and notify you. You must then pay us $100 for your deductible. " Exclusions-Claims We Won't Cover Employment contracts. We won't cover liabilities assumed under any contract or agreement between you and your employees or their representative to pay for bodily injuries your employees receive on the job. Architect, engineer or surveyor. We won't cover :iability assumed under any contract or agreement with architects, engineers or surveyors if the injury or damage results from their performance of or failure to perform any professional service. 43000 Ed. 10-81 Printed in U.S.A. Page 3 of 7. Liability Coverage. "Sl. Paul Fire and Marine Insurance Company. 1981. Insuring Agreement 36. ....... f There is one exception. This exclusion won't apply when the giving of or the failure to give directions or instructions by such architects, engineers or surveyors, their employees or agents is not the primary cause of the injury or damage. Professional service includes the preparation or approval of maps, plans, opinions, reports, surveys, designs or specifications; and supervisory, inspection or engineering services. Public authorities. If you've contracted to do a project for a public authority, we won't cover any liability claim brought against you by someone not a party to the contract if the claim is based on a provision of that contract. But we will protect you if you're sued by the public authority or by someone else engaged in the project. Employer's liability. We won't cover bodily injuries received on the job by anyone employed by a protected person. There is one exception. We'll cover liability for such injuries assumed under any contract or agreement that's not excluded in the "Employment contracts," "Architect, engineers or surveyor" or "Public authorities" exclusions above. Workers' compensation. We won't cover obligations that protected persons or their insurance companies have under workers' compensation, unemployment compensation, disability benefits or similar laws. This exclusion applies whether or not the claim is based on liability assumed under any contract or agreement. Product recall. We won't cover losses based on the recall or withdrawal of your products from the market for any reason. Nor will we cover losses resulting from the recall or withdrawal of any work you've completed or had completed for you or of any item of which your products or work forms a part. This exclusion applies w~ether or not the claim is based on liability assumed under any contract or agreement. Damage to your products or work. We won't cover damage to your products caused by the product itself or by any of its parts. Nor will we cover damage to your work or work done for you that's caused by the work itself or by materials or equipment connected with it. For example, we won't cover damage to an air conditioner that results because you improperly installed it. Page 4 of 7. t St. Paul Fire and Marine Insurance Company. 1981. I i This exclusion applies whether or not the claim is based on liability assumed under any contract or agreement. Business risk. We won't cover loss of use of tangible property that hasn't been physically damaged when the loss of use is caused by your failure to live up to a contract or by the failure of your products or work to live up to your promises. But we will cover loss of use of tangible property of others that's caused by sudden or accidental damage or destruction of your products or work after they've been used by another person. For example: You supply a customer with a motor that is part of a conveyor belt. You give a one-year warranty against breakdown of the motor, It breaks down after six months. Although the conveyor isn't damaged, your customer has losses due to loss of use of the belt. We won't cover this loss. However, if the motor had suddenly caught fire, we would cover your liability for the loss of use of the belt. This exclusion applies whether or not the claim is based on liability assumed under any contract or agreement. Pollution. We won't cover injury or damage caused by the discharge, dispersal, release or escape of pollutants such as: . smoke, vapor, soot or fumes; -acids, alkalis, toxic chemicals, liquids or gases; or . waste material or other irritants or contaminants. But this exclusion won't apply to sudden aCCidents involving pollutants. This exclusion applies whether or not the claim is based on liability assumed under any contract or agreement. Liquor liability. We won't cover anyone in the I iquor business - including companies or corporations - against liabilities for violation of any law or regulation concerning alcoholic beverages. This includes those in the business of manufacturing, distributing, selling or serving alcoholic beverages. Nor will we cover them against liability claims for selling, serving or giving away alcoholic beverages. For example, claims for selling to a minor or drunk patron. Moreover, we won't cover claims for violation of any alcoholic beverage law brought against any protected persons who allow prem ises they own or rent to be used by people in the liquor business. This exclusion applies whether or not the claim is based on liability assumed under any contract or agreement. i I Control of property. We won't cover damage to property you or any other protected persons own, rent, occupy, use or physically control. Nor will we be responsible for any damage to premises you've sold or transferred to someone else. However, we'll cover damage to property of others that you use or control if you've assumed liability for it under a written sidetrack agreement. We'll also cover damage caused by an elevator on your premises to property of others that you control. But we won't cover damage to the elevator itself. This exclusion applies whether or not the claim is based on liability assumed under any contract or agreement. \ \ I , ! Mobile equipment. We won't cover injury or damage caused by mobile equipment while it's being used in any: · organized or prearranged race; · speed contest, demolition contest or stunt; or . in practice for such events. This exclusion applies whether or not the claim is based on liability assumed under any contract or agreement. Mobile equipment means the following types of land vehicles: . Those that don't have to be licensed. · Those designed for use mainly off public roads. · Those kept for use only on your premises or that part of a road or other access adjacent to your premises. · Those used only to provide mobility for permanently attached specialized equipment. For example, these include well drilling rigs, power cranes, concrete mixers that remain on a job site and similar equipment. . Special ized equipment like bu Ildozers, rollers, graders, farm machinery and similar equipment. Transporting mobile equipment. We won't cover injury or damage caused by mobile equipment while it's being transported by any auto that's owned, operated, rented or borrowed by you or any other protected person. But this exclusion does not apply to liability assumed under any contract or agreement. I .IMuI Snowmobiles. We won't cover injury or damage due to the use of snowmobiles or snowmobile trailers you or any other protected person own, operate, rent or borrow. Nor will we cover any snowmobile operated by any of your employees. But this exclusion does not apply to liability assumed under any contract or agreement. Aircraft. We won't cover injury or damage due to the ownership, maintenance, use, loading or unloading of: . any aircraft owned, operated, rented or borrowed by any protected person; or 'any other aircraft operated by anyone in the course of his or her employment by any protected person. But this exclusion does not apply to liability assumed under any contract or agreement. Autos. We won't cover injury or damage due to the ownership, maintenance, use, loading or unloading of: .any auto owned, operated, rented or borrowed by any protected person; or . any other auto operated by anyone in the course of his or her employment by any protected person. But this exclusion does not apply to: . the parking of autos on your premises or adjacent access ways - provided the auto isn't owned, rented or borrowed by any protected person; or .to liability assumed under any contract or agreement. Autos are cars, trucks, trailers and other land vehicles designed for travel on public roads - but not mobile equipment. *What do we mean by loading or unloading? Loading or unloading an auto means the handling of property after it's moved from the place where it's accepted for transportation by au'o - until it's unloaded and set in the place where it's finally delivered. Here's an example: *You send a shipment from Dallas to Mr. Smith in Detroit. We won't cover claims involving handling of the property from the time the trucker first moves it for shipment, while it's on the truck, and until it's placed at the spot requested by Mr. Smith. 43000 Ed. 10-81 Printed in U.S.A. Insuring Agreement 36. Page 5 of 7. Liabil ity Coverage. @St. Paul Fire and Marine Insurance Company. 1981. --- I *But loading or unloading an auto doesn't include moving property by a mechanical device not attached to the auto. For example, a forklift or a conveyor. We won't consider a hand truck to be a mechanical device. *These paragraphs don't apply in New York. Nuclear energy liability. We won't cover liability for which you or other protected persons are covered under a nuclear energy liability policy issued by a group such as one of the following: · The American Nuclear I nsu rers; . The Mutual Atomic Energy Liability Underwriters; or . The Nuclear I nsurance Association of Canada. Nor will we cover a liability that would have been covered by a policy of one of those groups if its limit hadn't been used up. We won't cover claims resulting from radioactive, toxic, explosive or other hazardous properties of nuclear material in any of these four situations: , 1. You or other protected persons are requ ired by law 1O maintain financial protection for nuclear events. Or you or they are entitled, or would have been entitled had this policy not been issued, to indemnity for nuclear events from the United States. 2. The injury or damage arises out of services or materials you or any protected person furnish in connection with the planning, construction, maintenance, operation or use of a nuclear facility. If the nuclear facility is in the United States of America, its territories or possessions or Canada, this paragraph applies only to damage to the facility and any property at its site. Such damagE includes all forms of radioactive contamination. 3. The nuclear material is located at, or at any time discharges from, any nuclear facility that is owned or operated by you or any protected person. Nor will we cover such claims if the nuclear facility owned by you or any protected person is operated by othtirs. 4. The nuclear material is contained in spent fuel or waste that you, any protected person, or others acting for either, have at any time possessed, transported or disposed of. This exclusion applies whether or not the claim is based on liability assumed under any contract or agreement. Nuclear material means source material, special nuclear material or by-product material as defined under the federal Atomic Energy Act. Page 6 of 7. 1:':;1. Paul Fire and Marine Insurance Company. 1981. I ' Nuclear facilities are any of the following: ) io Nuclear reactors. · Enrichment plants. . Fuel or spent fuel handling or processing plants. . A location used for handling, storing or disposing of nuclear waste. . A location containing more than 25 grams of plutonium or uranium 233 combined, or more than 250 grams of uranium 235. Nuclear waste is waste from any of the first three nuclear facilities named above which contains by-product material. But we won't consider waste to include tailings or other wastes from the processing of ore to extract or concentrate uranium or thorium to produce source material. Spent fuel is any fuel element or component, whether solid or liquid, which has been used or exposed to rad iation in a nuclear reactor. War. We won't cover any injury or damage caused by: War (declared or undeclared). Invasion. Insurrection. Rebellion. Revolution. Civil war. Or seizure of power. Or by anything done to hinder or defend these actions. This exclusion only applies to: 'Iiability assumed under a covered contract or agreement; or to 'medical expenses under the "First aid" section of "Additional benefits". Optional Exclusions The following exclusions apply when indicated in the Coverage Summary. Products - completed work exclusion. We won't cover injury or damage that happens away from your premises and is caused by any of the following: 'A product or its container which you or others using your name have manufactured, sold, handled or distributed, if the injury or damage occurs after you've given physical possession of the product or container to others. We won't consider a vehicle to be a container. We won't consider items rented to others to be your products. Nor will we consider your products to includean item you haven't sold but which you allow others to use - like a vending machine. I -Work you've completed, had completed for you or abandoned. We explain "When we consider work to be completed" on page 3. Completed work includes the condition of a vehicle or its cargo when that condition was created by the loading or unloading of the vehicle. 'People relying on statement or warranties you've made about your products or completed work. This exclusion applies whether or not the claim is based on liability assumed under any contract or agreement. Professional services exclusion. We won't cover injury or damage resulting from the performance of or the failure to perform any professional service. This exclusion applies whether or not the claim is based on liability assumed under any contract or agreement. Other Insurance This agreement is primary insurance. If other insurance is available that is excess or contingent, it won't affect our payment under th is agreement. Excess insurance applies after primary coverage has been used up. Contingent insurance applies only when there is no other coverage. This agreement may be changed by endorsement to an excess or contingent basis. When this agreement and other collectible insurance apply to a loss on the same primary, excess, or contingent basis, our payment may be different. Each policy, including this agreement, will share the loss equally until it's paid. If a policy reaches its limit before the whole loss is paid, the remaining pol icies wi II share the balance equally. Bu t no pol icy will pay more than its limit. For example: .lDul . I ~ ) You have a $600,000 loss. This limit of coverage on this agreement is $500,000 but you have two other policies that cover your loss and provide for contribution by equal shares. Policy A's limit is $100,000 and Policy 8's limit is $300,000. First, we figure how much we'd have to pay if each contributed equally until your whole loss was covered or we each paid the limit of Policy A. That works out to $100,000. Three $100,000 payments wouldn't cover your loss, so we have to figure how much we'd have to pay if this agreement and Policy 8 contributed equally until your whole loss was paid or we each reached our limits. Since the unpaid portion of the loss would be $300,000, we'd each pay another $150,000 without reaching out limits. Our total payment under this agreement would be $250,000. If the other insurance doesn't provide for contribution by equal shares, we'll figure our payment this way: We'll pay that portion of the loss equal to our percentage of the total amount of insurance covering the loss. But we won't pay more than our limit. For example: The limit of coverage under this agreement is $300,000. You have another policy covering the loss with a limit of $100,000. We'll pay up to 75% ($300,000/$400,000) of the loss, but not more than $300,000. 43000 Ed. 10-81 Printed in U.S.A. Page 7 of 7. Liability Coverage. cst. Paul Fire and Marine Insurance Company. 1981. Insuring Agreement 36. General LiabilitY1 Broadening Endorsement ' i This endorsement changes your: ~ Comprehensive General Liability Protection o Table Of Contents How Your Coverage Is Changed Personal Injury and Advertising Injury Coverage . People Whose Advertising Claims Are Not Covered 2 Limit Of Personal Injury And Advertising Injury Coverage 2 . Exclusions - Personal Injury or Advertising Claims We Won't Cover 2 Mental Harm Coverage 2 Extended Bodily Injury Coverage 2 Medical Expense Coverage 3 . People Whose Medi.cal Expenses Aren't Covered 3 . Medical Reports And Examinations 3 . Exclusions - Medical Expense Claims We Won't Cover 3 . Recovering Damages From A Third Party 4 Additional Protected Persons 4 . Spouse Of A Partner 4 . Employees 4 . Newly Acquired Organizations 4 Limited Worldwide Liability Coverage 4 Tenant's Fire or Explosion Liability Coverage 4 · Limit Of Coverage 5 · Exclusions - Tenant's Fire or Explosion Claims We Won't Cover 5 Incidental Medical Services Coverage 5 Host Liquor Liability Coverage 5 Broad Form Property Damage Coverage 5 Other Terms 6 How Your Coverage Is Changed Your General Liability Protection is broadened by adding some coverages and changing some exclusions. If issued after the date your policy begins, these spaces must be completed and our representative must sign below. Authorized representative u2-~ 43046 Ed. 10-81 (GL0404) Printed in U.S.A. <;:Sl. Paul Fire and Marine Insurance Company, 1981. I 'nul Personal Injury And Advertising Injury Coverage We'll pay amounts you and others protected under this endorsement are legally required to pay as damages for covered advertising injury or personal injury claims. These are claims for any of the following types of interference with someone's rights that happen in the course of your business while this endorsement is in effect. Advertising injury means any advertisement, advertising or publicity article, broadcast or telecast that interferes with someone else's right to an idea. Covered advertising injury claims include violation of the right of privacy; infringement of copyright, title or slogan; piracy; unfair competition; or libel, slander, or defamation of character. Personal injury means any of the following types of interference with someone's rights. 1. False arrest, wrongful detention, imprisonment or malicious prosecution. An example of malicious prosecution would be harming someone by knowingly starting a lawsuit without having any real cause to sue. 2. libel and slander, defamation of character, or invasion of the rights of privacy. For example, libel and slander includes harm caused to someone's reputation by written or spoken statements. 3. Wrongful entry or wrongful eviction. For example, this includes interfering with someon.'s right to occupy property undisturbed, unjustifi9d eviction or unjustified entry onto the property. Pol icy issued to Anderson 3ev Cruises. Ine. Endorsement takes effect 11-1'1_83 Policy number G35~ill5325 Endorsement number ~ to InsuringAgreement_)G . Page 1 of 6. ...... i I People Whose Advertising Claims Are Not Covered We won't cover you or any other protected person whose business is advertising, broadcasting, publishing or telecasting. limit Of Personal Injury And Advertising Injury Coverage The limit of coverage that applies to your General Liability Protection is the most we'll pay for all personal injury and advertising claims covered under this agreement. The limit is shown in the General Liability Coverage Summary. If you have a combined single limit, it is the most we'll pay. If you have separate limits, the bodily injury each accidentallimitis the most we'll pay. The applicable limit applies no matter how many protected persons are involved, how many persons or organizations are injured, or how many claims are made. If your General Liability Protection is issued for more than one year, the applicable limit applies separately to each policy year. Exclusions- Personal Injury Or Advertising Claims We Won't Cover All of the exclusions that apply to your General Liability Protection also apply to this endorsement. The following additional exclusions apply to Personal Injury and Advertising Injury Coverage. Employment-related claims. Unless the Coverage Summary shows that this exclusion is deleted, we won't cover claims made by anyone because of personal injury related to his or her employment or application for employment by you. Discrimination. We won't cover personal injury claims that result from any incident related to discrimination or unfair employment practices by any protected person. False statements. Wo won't cover the following statements made by you or on your behalf: .false statements about any organization or its products or services made by or on behalf of any protected person with knowledge that they are false; .statements in violation of an individual's rights of privacy made by or on behalf of any protected person with knowledge that they are false; or . statements (or the fi rst of statements) made before this endorsement went into effect. I Contract liability. We won't cover personal injury or advertising injury liability assumed under any contract or agreement. Deliberately breaking the law. We won't cover personal injury or advertising injury claims that result if you or any other protected person knowingly breaks any criminal law. Or if someone else breaks such a law with the consent or knowledge of a protected person. Advertising claims. We won't cover any claims for the following types of advertising injury: .failure to perform your obligations under a contract. (But this exclusion will not apply to the unauthorized appropriation of ideas based on alleged breach of an implied contract.) . infringment of trademark, service mark or trade name by using any of them as the trademark, service mark or trade name of goods or services you sell, advertise, or offer for sale. (But th is exclusion will not apply to infringement of titles or slogans.); . incorrect description of goods, products or services; .mistakes in the advertised price of goods, products or services; .acts committed with intent to harm; or . statements made in advertising, broadcasting or telecasting activities by you or any other protected person. Mental Harm Coverage The term "bodily injury" as used in your General Liability Protection is expanded to cover mental harm, mental anguish or mental illness whether or not there has been physical harm or illness. Extended Coverage Bodily Injury " The term "accidental event" as used in your General Liability Protection is expanded to cover any intentional act by or at the direction of any protected person that results in bodily injury solely from the use of reasonable force while preventing or removing a danger to people or property. This coverage does not apply in New York. Page 2 of 6. il::St. Paul Fire and Marine Insurance Company. 1981. i J Medical Expense Coverage Even if you aren't legally responsible, we'll pay up to $1,000 for first aid and medical expenses of each person who sustains bodily injury in an accidental event. However, no matter how many claims result from one event, we won't pay more than your policy's each accidental event limit. You may have coverage for medical payments under one or more agreements in this policy. If you do, the most we'll pay is the highest limit of coverage you have. The event must happen at your place of business and result from a condition of your premises or arise from some activity related to your business. For example: It's rained most of the morning. Your secretary takes an umbrella along to the post office to purchase stamps. While rounding a corner, your secretary's umbrella accidentally pokes a pedestrian's shoulder. The pedestrian, knocked off balance, falls to the sidewalk. Since your secretary was on business when the accident occurred, we'll cover medical expenses the injured pedestrian may have up to $1,000. We'll cover reasonable expenses for necessary medical, surgical, x-ray and dental services, and for artificial limbs and organs. We'll also pay for necessary ambulance, hospital and professional nursing services and for funeral services. To be covered, these expenses must be incurred within one year of the accidental event. People Whose Medical Expenses Aren't Covered We won't cover medical expenses of any of the following people: . You or you r partners. . An employee of yours or your partners, if the employee is injured in the course of his or her employment by you. . A tenant who lives on your premises or employees of such tenants who are injured in the course of their employment by the tenant. . Any tenant or any employee of a tenant who is injured on the part of the premises rented from you. · Employees of such other tenants who are injured in the course of their employment and on the part of the premises their employer rents from you. I alli1lul . Any person who builds new structures orwho repairs, maintains or demolishes any structure on your property or adjacent roads. . Any person to whom benefits are payable or for whom benefits are required to be provided under a workers' compensation, unemployment compensation, disability benefits or similar law. . Any person practicing, teaching or taking part in physical training, a sport or an athletic activity or contest. Medical Reports And Examinations The injured person must do several things before we will pay a claim. These are: . give us written proof of the claim as soon as possible; . make the claim under oath at our request; . give us authorization to obtain copies of medical reports and records; . be examined by doctors of our choice as often as we may reasonably request. We will pay for such examinations, but these payments will be treated as part of the limits of coverage. The fact that we make payments to an injured person for these services doesn't mean you've admitted responsibility for the injury. Exclusions- Medical Expense Claims We Won't Cover All of the exclusions that apply to your General Liability Protection also apply to this endorsement. The following additional exclusions apply to Medical Expense Coverage. Medical services you provide. We won't cover expenses for medical services provided by any protected persons; their employ~es; or any person or organization under contract to you to provide such services. 43046 Ed. 10-81 (GL0404) Printed in U.S.A. Endorsement number_ to Insuring Agreement_. Page 3 of 6. :~St. Paul Fire and Marine Insurance Company. 1981. .l8IiIIuI J Work by independent contractors. We won't cover medical expenses for injury caused by work done for you by any independent contractor. But this exclusion won't apply to maintenance and repair of your insured premises. Nor will it apply to structural alterations at insured premises that don't change the size of a structure or involve moving of a structure. Recovering Damages From A Third Party The Recovering Damages From A Third Party section of the General Rules doesn't apply to this medical expense coverage. Additional Protected Persons This endorsement adds spouses of partners and your employees to the persons and organizations covered in the Who Is Protected Under This Agreement section of your General Liability Protection. Spouse Of A Partner I f you are a partnership, spouses of partners are protected against claims resulting from conducting your business as a partnership. Employees Your employees are protected while they are working for you within thescope of their duties. I ! . I limitations on employee protection. We won't cover your employees for the following: 'Claims for bodily injury or personal injury to a fellow employee occurring on the job. 'Claims for personal injury or advertising injury to you; a protected partner or co-venturer; or member of a protected partnership or the spouse of any protected person. 'Claims for damage to property owned, used, rented or controlled by you; a protected partner or co-venturer; member of a protected partnership; the spouse of any protected person; or a fellow employee. Newly Acquired Organizations We'll protect organizations that you newly acquire or form in which you maintain ownership or majori ty i nterest. To be covered these organ izations must be acquired or formed while this endorsement is in effect. We'll protect them for 90 days from the date you acquire them. However, we won't protect a joint venture unless it is named in the Introduction. j I Other insurance for newly acquired organizations. If a newly acquired or formed organization is covered for bodily injury, property damage, personal injury or advertising injury claims under any other policy, the coverage provided by this endorsement does not apply, nor does this coverage apply as excess. Limited Worldwide Liability Coverage The Where We Cover section of your General Liability Protection is extended as follows. I f you are permanently headquartered in the United States of America, we also cover accidental events that take place anywhere in the world that result from your business activities while a protected person is temporarily outside the United States of America. And if products are covered, we',11 also cover accidental events that are caused by one of your products sold anywhere in the world. But we only cover such events if the original suit is brought within the United States of America, its territories or possessions, Puerto Rico or Canada. Tenant's Fire Or Explosion Liability Coverage If your General Liability Protection provides property damage coverage, we'll protect you for property damage claims caused by fire or explosion to that portion of property which is described above that you rent or occupy. But this is so only when you or other protected persons are legally at fault for the damage. We won't cover damage to such property when it isn't any protected person's fault, even if responsibility for the damage has been assumed under a contract or agreement. For example: You rent office space in another building. Your lease makes you responsible for all damage caused by fire or explosion to your office even though you're.not to blame. Suppose your employee carelessly throws a lighted match into the wastebasket. We'll pay up to the limit of coverage for the fire damage you're legally responsible for because of the carelessness. But, if through no fault of yours, the furnace explodes and starts your premises on fire, we won't pay for the damage even though your lease makes you responsible for it. Page 4 of 6. ~St. Paul Fire and Marine Insurance Company, 1981. I limit Of Coverage The most we'll pay for covered tenant's fire or explosion claims is $50,000 for each accidental event, no matter how many protected persons, property owners or claims are involved. Exclusions- Tenant's Fire Or Explosion Claims We Won't Cover The "Nuclear energy liability" exclusion in your General Liability Protection applies to this coverage. However, no other exclusions in the General Liability Protection or this endorsement apply to this coverage. Incidental Medical Services Coverage This endorsement expands your coverage for bodily injury by adding protection for claims that result when a physician, dentist or nurse you employ provides or fails to provide professional services. But we won't protect the doctor or nurse against malpractice claims. The "Employer's liability" exclusion in your General Liability Protection will not apply to this coverage. Host Liquor Liability Coverage If you aren't in the liquor business, we'll cover claims for bodily injury or property damage that result when you or someone acting for you serves or gives away alcoholic beverages. This includes claims for loss of support due to bodily injury. By liquor business we mean the business of manufacturing, distributing, selling or serving alcoholic beverages. Broad Form Property Damage Coverage . This section expands your protection against certain property damage claims by substituting the "Damage to your products or work" and the "Control of property" exclusions in your General Liability Protection with the following. Damage to your products or work. We won't cover damage to any of your products caused by the product itself or by any of its parts. For example: We won't cover damage to an air conditioner that occurs because you improperly manufactured it. I .IDaI Nor will we cover damage to your work that's caused by the work itself or by materials or equipment connected with it. But if your General Liability Protection provides completed work coverage, we will cover liability claims for damage to your completed work which results from damage caused by work done for you by others, such as subcontractors. For example: You constructed a building as a general contractor. The building is accepted and the owner moves in. Later the building is damaged by a fire caused by a faulty air conditioner you directly installed. You're not covered for damage to your completed work - the air conditioner you directly installed. But you're covered for fire damage to the materials installed for you by your subcontractors. When we consider work to be completed is explained in the Limits of Coverage section of your General Liability Protection. Control of property. We won't cover damage to any of the following: 1. Property you or any other protected persons own, rent, occupy or hold for sale or safekeeping. 2. Property you or any other protected person controls or plans to install, erect or use in construction. 3. Tools and equipment while you or any other protected person are actually using them to do work. 4. Property on your premises or premises of any ~ other protected person for the purpose of being worked on by you or on your behalf. 5.Premises you've sold or transferred to someone else. However, we will cover the above described property you use or control that you've assumed liability for under a written sidetrack agreement. We'll also cover damage caused by an elevator on your premises to property of others that you control. But we won't cover damage to the elevator itself. 6. A particular part of property you or others working for you may work on while away from premises owned or rented by you. This includes the following: ~ 43046 Ed. 10-81 (GL04041 Printed in U.S.A. ,~,St. Paul Fire and Marine Insurance Company. 1981. Endorsement number~to Insuring Agreement_. Page 5 of 6. llIi1IuI I · Property being worked on. We won't cover damages to the particu lar part actually bei ng worked on at the time of the accident if the damage results from the work itself while the work is still going on. .Source of damage. We won't cover damage to the particular part out of which the damage arises. .Faulty workmanship. We won't cover repair or replacement of the particular part because of faulty workmanship. If I i Other insurance for property damage. Additional protection provided by the Broad Form Property Damage Coverage section of this endorsement is excess over any valid property insurance on which you can collect. We won't pay until all Builder's Risk, Fire, Extended Coverage, Installation or similar coverages, including any deductibles, have been used up. Other Terms All other terms of your policy remain the same. Page 6 of 6. ;&)St. Paul Fire and Marine Insurance Company. 1981. Premium Adjusynent Endorsement This endorsement applies to: ~ Comprehensive General Liability Protection o Special Comprehensive General Liability Protection o What This Endorsement Does This endorsement shows how we adjust the premium for the agreement indicated above at the end of the policy year. The Estimated Premiums section of the General Rules applies. How To Read This Table The table below shows the rating classifications, rates, and the estimated exposures used to figure your estimated premium. Rate Code. The code number before each rate in the rate column indicates the unit of exposure the rate is applied to. The codes are: (1) Per $100. (2) Per $1000. (3) Per (4) For example: (1) .10 means the rate is 10 cents per $100 of exposure. I ..Mol i Estimated exposures. The premiums for the classifications shown below are based on estimated exposures. Estimated exposure means the exposure on which we based your premium. The code letter before each figure in the exposure column indicates the type of exposure. The codes are: (a) Admissions. (b) Cost. (c) Payroll. (d) Receipts. (e) Total operating expenses. These exposures are explained on page 2 of this endorsement. Other exposures are explained below: (f) (g) Coverage Rates Esti mated Estimated Premium Minimum Rating Classification BI PD Exposure BI PD Premium BI PD Prods.-58260 Restaurant 2) d) 1.278/.107 320,000. $409. $89. 3112./$' CGL - 99980 15%ofBI & D ,lJ ./$J 99982 Premium $61. $ 13 . I I I I I I . I , I I \ I ! I f issued after the date your pol icy begins, these spaces must be completed and our representative f!lust sign below. Authorized representative , (;{ ) 'Wi .J ~-n'L0,- 43065 Ed. 10-81 Printed In U.S.A. &ist. Paul Fire and Marine Insurance Company. 1981. 89. Policy issued to !\nr.1prson. J:.1.8_V Cr'11~eS _ J L . ,_ ' , Ine. Policy Number 685NB5325 Endorsement takes effect on 11-11-83 and ends on 1:1-11-84 Endorsement Number ---.1....... to Insuring Agreement~. Page 1 of 2. Liability Coverage. .IDol I How we'll figure your premium. At the end of the policy year we'll make an audit to determine your actual exposure to risk. Then we'll apply the rates shown in the table of your actual exposure figures developed by the audit. This will determine the premium we've ea-rned. If our earned premium is less than we charged, you'll get credit for the difference. If it's more you'll pay us the balance. But you won't pay less than the minimum premiums shown in the table. Type of Exposure. Admissions mean the total number of people, other than your employees, admitted to the covered event or to events on the premises. This includes paid admission tickets, complimentary tickets or other passes. Contractual cost means the total cost to anyone you agree to indemnify under an insured contract of work let or sub-let in connection with each specific project. This includes the cost of labor, materials and equipment furnished, used or delivered for use in completion of such work whether furnished by the owner, contractor or subcontractor. It also includes all fees, allowances, bonuses, or commissions made, paid or due. Independent contractor cost means your total cost of operations performed for you during the policy period by independent contractors of work let or sub-let in connection with each specific project. This includes the cost of labor, materials and equipment furnished, used or delivered for use in completion of such work whether furnished by the owner, contractor or subcontractor. It also includes all fees, allowances, bonsues, or commissions made, paid or due. .. Page 2 of 2. ~St. Paul Fire and Marine Insurance Company. 1981. I I Payroll means the entire remuneration earned during the policy period by proprietors and by your employees. This doesn't include chauffeurs, aircraft pilots and co-pilots who are subject to any overtime earnings. Receipts means the gross amount of money charged by you, your concessionaires or others trading under your name for goods or products sold or distributed or operations performed during the policy year. This includes taxes, other than taxes which you collect as a separate item and remit directly to a governmental division. This does not include receipts from telecasting, broadcasting or motion pictures. Total operating expenses means your total expenses during the policy period. However, there are a number of exceptions to this which will be explained by our agent or representative. Other Terms All other terms of your policy remain the same. <i. !.:~ :J ~ N o ... c .,. Watereraft Exclus~n Endorsement This Endorsement changes your: (x) Comprehensive General Liability Protection () Special Comprehensive General Liability Protection ( ) f How your covera~e chan~es This endorsement reduces coverage Protection. .1 .lmilIul under your ., General Liability Exclusions - Liabilities we won't cover Watereraft. We won't cover injury or damage due to the ownership, maintenance, use, loading or unloading of any watereraft owned, operated, rented or borrowed by any proteeted person. Or any other watercraft operated by anyone in the eourse of his or her employment by any protected person. But this exelusion doesn't apply to injury or damage caused by such watercraft while ashore on premises you own, rent or eontrol. Other terms All other terms of your policy remain the same. if \A/I:? !ss\.Je tr-::s ~orm a~:t:::- t.l~ rJ3te 'iour P:~:::='I' Takes effect, \'\'e Must C'Jrrl~;-::-:E: :r-:ese st='ac~s (3;;: o~r repres~nlat:\'e ~!uS1 Si~"'l l.E;iC'~.... A:~:hGr:ze': represen:a:ivc: ~ '1,( I Z / i /-,' -,), /( / - --=' o-f'/ l .(.~ .';'S~. Pa:..:1 FirE ar.a ~.~ar:n€- !r'\5I..pan.:e C:;J:Tl:;a~y ~']eo. . Po( i c '," i SS'_leC to Anderson BRY Cruises, Ine. Ayeement takes effect 11-11-83 Polic'i number 685NB5325 I :1$:..ir::1g ,";gr'gement Endorsement number _to Insuring Ag;ee;nent~. E-"jorsE'c;,entnu;T',ber~to General Liabili:.y \ I I I I <( V) . ::) .- ~ a'i c; N 0 L" 0 .,. Liability Limit~tion Endorsement I j This endorsement changes your: (x) Comprehensive General Liability Protection Bow your coverage is changed .IDul .' Your Comprehensive General Liability Protection does not cover bodily injury or property dam-ge losses occurring within 300 feet from the shoreline. Other terms All other terms of your policy remain the same. ! ~ \\2 iss.J e ::--:; ~ ~:~;r' df~er t~iE: J3t~ \y'C~ r ~;:..: Ie ~. te k ~s ef"':'.:t, ",N::: r-"JS~ sa:n [: lete 1 hes.=. s[}aces a'-,j Q!~r rE~.rese~l:a~-',;e r,us: sign :e:c\/w. ~ --..' i : ~~ r :,:; .; e.~ : J .~wtriC r ;ze,j r~p~es9r)ta: i-'./e .~,;~ ee;rj~;-, t tG ~~es 2~ 7-::C:: Anderson Bay Cruises, Inc. 11-11-8.3 '-/ ( /(/ ) r/" -----:--~-e.- 'f /t(.A.... 6 8 5 r~3 53? 5 Po; lev!',.J n-:[,er l! ) Ir.s'...;r:r-rg .~gre~:7"i~nt . / . ~~ En:o~se'1ler,: nu::l:,er _~to Insur!ns Agreement~. Endo's~:'lent r'J;~;tJer _to :-St. PaL;i C1re an:; ~"'~G~i:te Ir.~ur3~":€- Ca:-;:iani-, 1960. \ \ I ! <l: , (J1 I :J '= ":l B ~ 0 '9 ~ ":l W N 0 Ln 0 .,. I I .eDul I' How your coverage is changed: Your coverage is changed to include the following as a.dditional Insureds \<lith respects to mmership of the property: 1) City of Clearwater 112 S. Osceola Clearwater, FL 33516 with respect to Location =I}1 - Clec?r\\'ater Harine 25 Causeway Blvd. Clearwater Beach, FL 2) J. LaDon DewTell with respect to Location 1fr2 - 1150 E. Hwy. 98 Ft. Walton Beach, FL Other terms: All other terms of your policy remain the same. . If we issue this form after the date your policy takes effect, we must complete these spaces and our representative must sign below. Authorized representative Policy issued to Anderson 38Y Cruises, Ine. Agreement takes effect :1:1-:11-83 Policy number 685N35325 Y)). fA). ~j~~ I nsuring Agreement . Endorsement number ~to Insuring Agreement 36 . Endo'rsement number _to CSt. Paul Fire and Marine Insurance Company. 1980. Products On Yqur Premises Exclusions End<lrsement This endorsement changes your: 00 Comprehensive General Liability Protection o Special Comprehensive General Liability Protection o I 'nul I How Your Coverage Is Changed Your General Liability Protection "Products- completed work" exclusion is changed. The effect of this change is to restrict coverage. The "Products - completed work" exclusion now applies to bodily injury or property damage caused by your products when: . you've given physical possession of the product or container to others; and . the injury or damage happens on premises you own or rent from others and are described below. Other Terms All other terms of your policy remain the same. Description of premises. 58260 - Restaurant - with sales of alcoholic beverages that are less than 75% of the total annual receipts of the restaurant - with dance floor. \ I ! . I ! . If issued after the date your policy begins, these spaces must be completed and our representative must sign below. Authorized representative 1 W, U~._JL~?~ 43153 Ed. 10-81 (GL2118) Printed in U.S.A. ~St. Paul Fire and Marine Insurance Company. 1981. Pol icy issued to Anderson B~v Cruises. Ine. Endorsement takes effect 11-Jl-83 Policy number 68 5 ~,;r3 5325 Endorsement Numbec.2__to Insuring Agreement jo . Page 1 of 1. Liability Coverage. , i \ I l . I MULTIPLE PROTECTEcJ PERSONS ENDORSEMENT This endorsement changes your: H Comprehensive General liabil ity Protection o Special Comprehensive General liabil ity Protection o I ~stillul What This Endorsement Does This endorsement replaces the first para- graph of the "Who Is Protected Under This Agreement" section with the follow- ing: Protected persons are people and organ- izations protected under this agreement. Here's a list of "protected persons" and certain limitations on their protection. Each is protected separately. However, the I imits of coverage are shared by all protected persons. We explain how in the "limits of Coverage" section. Other Terms All other terms of your policy remain the same. Refer to Insuring Agreement 36, Form 43000, Page 2, Subsection "CORPORATION" . If issued after the date your policy begins, these spaces must be completed and ou r representative must sign below. Authorized representative I (;{), ZU. ~g;(;U~ 43217 Ed.1-83 Printed in U.S.A. @St.Paul Fire and Marine Insurance Co.1983 Policy issued to Ancerson D8Y Cruises, Inc. Endorsement ta kes effect Pol icy Number 11-:11-83 685NB5325 Endorsement-Lto I nsu ring Agreement ..J.6 Page 1 of 1