HOMEOWNERS
HO 00 03 04 91
HO 00 03 04 91
Copyright, Insurance Services Office, Inc., 1990
Page 1 of 18
S
HOMEOWNERS 3
SPECIAL FORM
AGREEMENT
We will provide the insurance described in this policy in return for the premium and compliance with all applica-
ble provisions of this policy.
DEFINITIONS
In this policy, "you" and "your" refer to the "named
insured" shown in the Declarations and the spouse if
a resident of the same household. "We," "us" and
"our" refer to the Company providing this insurance.
In addition, certain words and phrases are defined as
follows:
1. "Bodily injury" means bodily harm, sickness or
disease, including required care, loss of services
and death that results.
2. "Business" includes trade, profession or occupa-
tion.
3. "Insured" means you and residents of your house-
hold who are:
a. Your relatives; or
b. Other persons under the age of 21 and in the
care of any person named above.
Under Section II, "insured" also means:
c. With respect to animals or watercraft to which
this policy applies, any person or organization
legally responsible for these animals or water-
craft which are owned by you or any person
included in 3.a. or 3.b. above. A person or or-
ganization using or having custody of these
animals or watercraft in the course of any
"business" or without consent of the owner is
not an "insured";
d. With respect to any vehicle to which this policy
applies:
(1) Persons while engaged in your employ or
that of any person included in 3.a. or 3.b.
above; or
(2) Other persons using the vehicle on an
"insured location" with your consent.
4. "Insured location" means:
a. The "residence premises";
b. The part of other premises, other structures
and grounds used by you as a residence and:
(1) Which is shown in the Declarations; or
(2) Which is acquired by you during the policy
period for your use as a residence;
c. Any premises used by you in connection with a
premises in 4.a. and 4.b. above;
d. Any part of a premises:
(1) Not owned by an "insured"; and
(2) Where an "insured" is temporarily residing;
e. Vacant land, other than farm land, owned by or
rented to an "insured";
f. Land owned by or rented to an "insured" on
which a one or two family dwelling is being
built as a residence for an "insured";
g. Individual or family cemetery plots or burial
vaults of an "insured"; or
h. Any part of a premises occasionally rented to
an "insured" for other than "business" use.
5. "Occurrence" means an accident, including con-
tinuous or repeated exposure to substantially the
same general harmful conditions, which results,
during the policy period, in:
a. "Bodily injury"; or
b. "Property damage."
6. "Property damage" means physical injury to, de-
struction of, or loss of use of tangible property.
7. "Residence employee" means:
a. An employee of an "insured" whose duties are
related to the maintenance or use of the
"residence premises," including household or
domestic services; or
b. One who performs similar duties elsewhere not
related to the "business" of an "insured."
8. "Residence premises" means:
a. The one family dwelling, other structures, and
grounds; or
b. That part of any other building;
where you reside and which is shown as the
"residence premises" in the Declarations.
"Residence premises" also means a two family
dwelling where you reside in at least one of the
family units and which is shown as the "residence
premises" in the Declarations.
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Copyright, Insurance Services Office, Inc., 1990
HO 00 03 04 91
SECTION I – PROPERTY COVERAGES
COVERAGE A – Dwelling
We cover:
1. The dwelling on the "residence premises" shown
in the Declarations, including structures attached
to the dwelling; and
2. Materials and supplies located on or next to the
"residence premises" used to construct, alter or
repair the dwelling or other structures on the
"residence premises."
This coverage does not apply to land, including land
on which the dwelling is located.
COVERAGE B – Other Structures
We cover other structures on the "residence prem-
ises" set apart from the dwelling by clear space. This
includes structures connected to the dwelling by only
a fence, utility line, or similar connection.
This coverage does not apply to land, including land
on which the other structures are located.
We do not cover other structures:
1. Used in whole or in part for "business"; or
2. Rented or held for rental to any person not a ten-
ant of the dwelling, unless used solely as a private
garage.
The limit of liability for this coverage will not be more
than 10% of the limit of liability that applies to Cover-
age A. Use of this coverage does not reduce the
Coverage A limit of liability.
COVERAGE C – Personal Property
We cover personal property owned or used by an
"insured" while it is anywhere in the world. At your
request, we will cover personal property owned by:
1. Others while the property is on the part of the
"residence premises" occupied by an "insured";
2. A guest or a "residence employee," while the
property is in any residence occupied by an
"insured."
Our limit of liability for personal property usually
located at an "insured's" residence, other than the
"residence premises," is 10% of the limit of liability for
Coverage C, or $1000, whichever is greater. Personal
property in a newly acquired principal residence is not
subject to this limitation for the 30 days from the time
you begin to move the property there.
Special Limits of Liability. These limits do not in-
crease the Coverage C limit of liability. The special
limit for each numbered category below is the total
limit for each loss for all property in that category.
1. $200 on money, bank notes, bullion, gold other
than goldware, silver other than silverware, plati-
num, coins and medals.
2. $1000 on securities, accounts, deeds, evidences
of debt, letters of credit, notes other than bank
notes, manuscripts, personal records, passports,
tickets and stamps. This dollar limit applies to
these categories regardless of the medium (such
as paper or computer software) on which the ma-
terial exists.
This limit includes the cost to research, replace or
restore the information from the lost or damaged
material.
3. $1000 on watercraft, including their trailers, fur-
nishings, equipment and outboard engines or
motors.
4. $1000 on trailers not used with watercraft.
5. $1000 for loss by theft of jewelry, watches, furs,
precious and semi-precious stones.
6. $2000 for loss by theft of firearms.
7. $2500 for loss by theft of silverware, silver-plated
ware, goldware, gold-plated ware and pewterware.
This includes flatware, hollowware, tea sets, trays
and trophies made of or including silver, gold or
pewter.
8. $2500 on property, on the "residence premises,"
used at any time or in any manner for any
"business" purpose.
9. $250 on property, away from the "residence
premises," used at any time or in any manner for
any "business" purpose. However, this limit does
not apply to loss to adaptable electronic apparatus
as described in Special Limits 10. and 11. below.
10.$1000 for loss to electronic apparatus, while in or
upon a motor vehicle or other motorized land
conveyance, if the electronic apparatus is
equipped to be operated by power from the elec-
trical system of the vehicle or conveyance while
retaining its capability of being operated by other
sources of power. Electronic apparatus includes:
a. Accessories or antennas; or
b. Tapes, wires, records, discs or other media;
for use with any electronic apparatus.
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Copyright, Insurance Services Office, Inc., 1990
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11.$1000 for loss to electronic apparatus, while not in
or upon a motor vehicle or other motorized land
conveyance, if the electronic apparatus:
a. Is equipped to be operated by power from the
electrical system of the vehicle or conveyance
while retaining its capability of being operated
by other sources of power;
b. Is away from the "residence premises"; and
c. Is used at any time or in any manner for any
"business" purpose.
Electronic apparatus includes:
a. Accessories and antennas; or
b. Tapes, wires, records, discs or other media;
for use with any electronic apparatus.
Property Not Covered. We do not cover:
1. Articles separately described and specifically
insured in this or other insurance;
2. Animals, birds or fish;
3. Motor vehicles or all other motorized land con-
veyances. This includes:
a. Their equipment and accessories; or
b. Electronic apparatus that is designed to be
operated solely by use of the power from the
electrical system of motor vehicles or all other
motorized land conveyances. Electronic appa-
ratus includes:
(1) Accessories or antennas; or
(2) Tapes, wires, records, discs or other media;
for use with any electronic apparatus.
The exclusion of property described in 3.a.
and 3.b. above applies only while the property
is in or upon the vehicle or conveyance.
We do cover vehicles or conveyances not subject
to motor vehicle registration which are:
a. Used to service an "insured's" residence; or
b. Designed for assisting the handicapped;
4. Aircraft and parts. Aircraft means any contrivance
used or designed for flight, except model or hobby
aircraft not used or designed to carry people or
cargo;
5. Property of roomers, boarders and other tenants,
except property of roomers and boarders related
to an "insured";
6. Property in an apartment regularly rented or held
for rental to others by an "insured," except as
provided in Additional Coverages 10.;
7. Property rented or held for rental to others off the
"residence premises";
8. "Business" data, including such data stored in:
a. Books of account, drawings or other paper
records; or
b. Electronic data processing tapes, wires, rec-
ords, discs or other software media;
However, we do cover the cost of blank recording
or storage media, and of pre-recorded computer
programs available on the retail market; or
9. Credit cards or fund transfer cards except as
provided in Additional Coverages 6.
COVERAGE D – Loss Of Use
The limit of liability for Coverage D is the total limit
for all the coverages that follow.
1. If a loss covered under this Section makes that
part of the "residence premises" where you reside
not fit to live in, we cover, at your choice, either of
the following. However, if the "residence prem-
ises" is not your principal place of residence, we
will not provide the option under paragraph b. be-
low.
a. Additional Living Expense, meaning any
necessary increase in living expenses incurred
by you so that your household can maintain its
normal standard of living; or
b. Fair Rental Value, meaning the fair rental
value of that part of the "residence premises"
where you reside less any expenses that do
not continue while the premises is not fit to live
in.
Payment under a. or b. will be for the shortest
time required to repair or replace the damage or,
if you permanently relocate, the shortest time re-
quired for your household to settle elsewhere.
2. If a loss covered under this Section makes that
part of the "residence premises" rented to others
or held for rental by you not fit to live in, we cover
the:
Fair Rental Value, meaning the fair rental
value of that part of the "residence premises"
rented to others or held for rental by you less
any expenses that do not continue while the
premises is not fit to live in.
Payment will be for the shortest time required to
repair or replace that part of the premises rented
or held for rental.
3. If a civil authority prohibits you from use of the
"residence premises" as a result of direct damage
to neighboring premises by a Peril Insured Against
in this policy, we cover the Additional Living Ex-
pense and Fair Rental Value loss as provided un-
der 1. and 2. above for no more than two weeks.
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Copyright, Insurance Services Office, Inc., 1990
HO 00 03 04 91
The periods of time under 1., 2. and 3. above are not
limited by expiration of this policy.
We do not cover loss or expense due to cancellation
of a lease or agreement.
ADDITIONAL COVERAGES
1. Debris Removal. We will pay your reasonable
expense for the removal of:
a. Debris of covered property if a Peril Insured
Against that applies to the damaged property
causes the loss; or
b. Ash, dust or particles from a volcanic eruption
that has caused direct loss to a building or
property contained in a building.
This expense is included in the limit of liability that
applies to the damaged property. If the amount to
be paid for the actual damage to the property plus
the debris removal expense is more than the limit
of liability for the damaged property, an additional
5% of that limit of liability is available for debris
removal expense.
We will also pay your reasonable expense, up to
$500, for the removal from the "residence prem-
ises" of:
a. Your tree(s) felled by the peril of Windstorm or
Hail;
b. Your tree(s) felled by the peril of Weight of Ice,
Snow or Sleet; or
c. A neighbor's tree(s) felled by a Peril Insured
Against under Coverage C;
provided the tree(s) damages a covered structure.
The $500 limit is the most we will pay in any one
loss regardless of the number of fallen trees.
2. Reasonable Repairs. In the event that covered
property is damaged by an applicable Peril In-
sured Against, we will pay the reasonable cost in-
curred by you for necessary measures taken
solely to protect against further damage. If the
measures taken involve repair to other damaged
property, we will pay for those measures only if
that property is covered under this policy and the
damage to that property is caused by an applica-
ble Peril Insured Against.
This coverage:
a. Does not increase the limit of liability that
applies to the covered property;
b. Does not relieve you of your duties, in case of
a loss to covered property, as set forth in
SECTION I – CONDITION 2.d.
3. Trees, Shrubs and Other Plants. We cover
trees, shrubs, plants or lawns, on the "residence
premises," for loss caused by the following Perils
Insured Against: Fire or lightning, Explosion, Riot
or civil commotion, Aircraft, Vehicles not owned or
operated by a resident of the "residence prem-
ises," Vandalism or malicious mischief or Theft.
We will pay up to 5% of the limit of liability that
applies to the dwelling for all trees, shrubs, plants
or lawns. No more than $500 of this limit will be
available for any one tree, shrub or plant. We do
not cover property grown for "business" purposes.
This coverage is additional insurance.
4. Fire Department Service Charge. We will pay up
to $500 for your liability assumed by contract or
agreement for fire department charges incurred
when the fire department is called to save or pro-
tect covered property from a Peril Insured
Against. We do not cover fire department service
charges if the property is located within the limits
of the city, municipality or protection district fur-
nishing the fire department response.
This coverage is additional insurance. No de-
ductible applies to this coverage.
5. Property Removed. We insure covered property
against direct loss from any cause while being
removed from a premises endangered by a Peril
Insured Against and for no more than 30 days
while removed. This coverage does not change
the limit of liability that applies to the property be-
ing removed.
6. Credit Card, Fund Transfer Card, Forgery and
Counterfeit Money.
We will pay up to $500 for:
a. The legal obligation of an "insured" to pay
because of the theft or unauthorized use of
credit cards issued to or registered in an
"insured's" name;
b. Loss resulting from theft or unauthorized use
of a fund transfer card used for deposit, with-
drawal or transfer of funds, issued to or regis-
tered in an "insured's" name;
c. Loss to an "insured" caused by forgery or al-
teration of any check or negotiable instrument;
and
d. Loss to an "insured" through acceptance in
good faith of counterfeit United States or Ca-
nadian paper currency.
HO 00 03 04 91
Copyright, Insurance Services Office, Inc., 1990
Page 5 of 18
We do not cover use of a credit card or fund
transfer card:
a. By a resident of your household;
b. By a person who has been entrusted with ei-
ther type of card; or
c. If an "insured" has not complied with all terms
and conditions under which the cards are is-
sued.
All loss resulting from a series of acts committed
by any one person or in which any one person is
concerned or implicated is considered to be one
loss.
We do not cover loss arising out of "business" use
or dishonesty of an "insured."
This coverage is additional insurance. No de-
ductible applies to this coverage.
Defense:
a. We may investigate and settle any claim or
suit that we decide is appropriate. Our duty to
defend a claim or suit ends when the amount
we pay for the loss equals our limit of liability.
b. If a suit is brought against an "insured" for
liability under the Credit Card or Fund Transfer
Card coverage, we will provide a defense at
our expense by counsel of our choice.
c. We have the option to defend at our expense
an "insured" or an "insured's" bank against any
suit for the enforcement of payment under the
Forgery coverage.
7. Loss Assessment. We will pay up to $1000 for
your share of loss assessment charged during the
policy period against you by a corporation or as-
sociation of property owners, when the assess-
ment is made as a result of direct loss to the
property, owned by all members collectively,
caused by a Peril Insured Against under
COVERAGE A – DWELLING, other than earth-
quake or land shock waves or tremors before,
during or after a volcanic eruption.
This coverage applies only to loss assessments
charged against you as owner or tenant of the
"residence premises."
We do not cover loss assessments charged
against you or a corporation or association of
property owners by any governmental body.
The limit of $1000 is the most we will pay with re-
spect to any one loss, regardless of the number of
assessments.
Condition 1. Policy Period, under SECTIONS I
AND II CONDITIONS, does not apply to this cov-
erage.
8. Collapse. We insure for direct physical loss to
covered property involving collapse of a building
or any part of a building caused only by one or
more of the following:
a. Perils Insured Against in COVERAGE C –
PERSONAL PROPERTY. These perils apply
to covered buildings and personal property for
loss insured by this additional coverage;
b. Hidden decay;
c. Hidden insect or vermin damage;
d. Weight of contents, equipment, animals or
people;
e. Weight of rain which collects on a roof; or
f. Use of defective material or methods in con-
struction, remodeling or renovation if the col-
lapse occurs during the course of the con-
struction, remodeling or renovation.
Loss to an awning, fence, patio, pavement,
swimming pool, underground pipe, flue, drain,
cesspool, septic tank, foundation, retaining wall,
bulkhead, pier, wharf or dock is not included under
items b., c., d., e., and f. unless the loss is a di-
rect result of the collapse of a building.
Collapse does not include settling, cracking,
shrinking, bulging or expansion.
This coverage does not increase the limit of liabil-
ity applying to the damaged covered property.
9. Glass or Safety Glazing Material.
We cover:
a. The breakage of glass or safety glazing mate-
rial which is part of a covered building, storm
door or storm window; and
b. Damage to covered property by glass or safety
glazing material which is part of a building,
storm door or storm window.
This coverage does not include loss on the
"residence premises" if the dwelling has been va-
cant for more than 30 consecutive days immedi-
ately before the loss. A dwelling being constructed
is not considered vacant.
Loss for damage to glass will be settled on the
basis of replacement with safety glazing materials
when required by ordinance or law.
This coverage does not increase the limit of liabil-
ity that applies to the damaged property.
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HO 00 03 04 91
10.Landlord's Furnishings. We will pay up to
$2500 for your appliances, carpeting and other
household furnishings, in an apartment on the
"residence premises" regularly rented or held for
rental to others by an "insured," for loss caused
only by the following Perils Insured Against:
a. Fire or lightning.
b. Windstorm or hail.
This peril does not include loss to the property
contained in a building caused by rain, snow,
sleet, sand or dust unless the direct force of
wind or hail damages the building causing an
opening in a roof or wall and the rain, snow,
sleet, sand or dust enters through this opening.
This peril includes loss to watercraft and their
trailers, furnishings, equipment, and outboard
engines or motors, only while inside a fully
enclosed building.
c. Explosion.
d. Riot or civil commotion.
e. Aircraft, including self-propelled missiles and
spacecraft.
f. Vehicles.
g. Smoke, meaning sudden and accidental dam-
age from smoke.
This peril does not include loss caused by
smoke from agricultural smudging or industrial
operations.
h. Vandalism or malicious mischief.
i. Falling objects.
This peril does not include loss to property
contained in a building unless the roof or an
outside wall of the building is first damaged by
a falling object. Damage to the falling object it-
self is not included.
j. Weight of ice, snow or sleet which causes
damage to property contained in a building.
k. Accidental discharge or overflow of water
or steam from within a plumbing, heating, air
conditioning or automatic fire protective sprin-
kler system or from within a household appli-
ance.
This peril does not include loss:
(1) To the system or appliance from which the
water or steam escaped;
(2) Caused by or resulting from freezing ex-
cept as provided in the peril of freezing
below; or
(3) On the "residence premises" caused by
accidental discharge or overflow which oc-
curs off the "residence premises."
In this peril, a plumbing system does not in-
clude a sump, sump pump or related equip-
ment.
l. Sudden and accidental tearing apart,
cracking, burning or bulging of a steam or
hot water heating system, an air conditioning
or automatic fire protective sprinkler system, or
an appliance for heating water.
We do not cover loss caused by or resulting
from freezing under this peril.
m. Freezing of a plumbing, heating, air condition-
ing or automatic fire protective sprinkler sys-
tem or of a household appliance.
This peril does not include loss on the
"residence premises" while the dwelling is un-
occupied, unless you have used reasonable
care to:
(1) Maintain heat in the building; or
(2) Shut off the water supply and drain the
system and appliances of water.
n. Sudden and accidental damage from
artificially generated electrical current.
This peril does not include loss to a tube, tran-
sistor or similar electronic component.
o. Volcanic eruption other than loss caused by
earthquake, land shock waves or tremors.
The $2500 limit is the most we will pay in any one
loss regardless of the number of appliances, car-
peting or other household furnishings involved in
the loss.
SECTION I – PERILS INSURED AGAINST
COVERAGE A – DWELLING and COVERAGE B –
OTHER STRUCTURES
We insure against risk of direct loss to property de-
scribed in Coverages A and B only if that loss is a
physical loss to property. We do not insure, however,
for loss:
1. Involving collapse, other than as provided in Ad-
ditional Coverage 8.;
2. Caused by:
HO 00 03 04 91
Copyright, Insurance Services Office, Inc., 1990
Page 7 of 18
a. Freezing of a plumbing, heating, air condition-
ing or automatic fire protective sprinkler sys-
tem or of a household appliance, or by dis-
charge, leakage or overflow from within the
system or appliance caused by freezing. This
exclusion applies only while the dwelling is va-
cant, unoccupied or being constructed, unless
you have used reasonable care to:
(1) Maintain heat in the building; or
(2) Shut off the water supply and drain the
system and appliances of water;
b. Freezing, thawing, pressure or weight of water
or ice, whether driven by wind or not, to a:
(1) Fence, pavement, patio or swimming pool;
(2) Foundation, retaining wall, or bulkhead; or
(3) Pier, wharf or dock;
c. Theft in or to a dwelling under construction, or
of materials and supplies for use in the con-
struction until the dwelling is finished and oc-
cupied;
d. Vandalism and malicious mischief if the
dwelling has been vacant for more than 30
consecutive days immediately before the loss.
A dwelling being constructed is not considered
vacant;
e. Any of the following:
(1) Wear and tear, marring, deterioration;
(2) Inherent vice, latent defect, mechanical
breakdown;
(3) Smog, rust or other corrosion, mold, wet or
dry rot;
(4) Smoke from agricultural smudging or indus-
trial operations;
(5) Discharge, dispersal, seepage, migration,
release or escape of pollutants unless the
discharge, dispersal, seepage, migration,
release or escape is itself caused by a Peril
Insured Against under Coverage C of this
policy.
Pollutants means any solid, liquid, gaseous
or thermal irritant or contaminant, including
smoke, vapor, soot, fumes, acids, alkalis,
chemicals and waste. Waste includes ma-
terials to be recycled, reconditioned or re-
claimed;
(6) Settling, shrinking, bulging or expansion,
including resultant cracking, of pavements,
patios, foundations, walls, floors, roofs or
ceilings;
(7) Birds, vermin, rodents, or insects; or
(8) Animals owned or kept by an "insured."
If any of these cause water damage not oth-
erwise excluded, from a plumbing, heating, air
conditioning or automatic fire protective sprin-
kler system or household appliance, we cover
loss caused by the water including the cost of
tearing out and replacing any part of a building
necessary to repair the system or appliance.
We do not cover loss to the system or appli-
ance from which this water escaped.
3. Excluded under Section I – Exclusions.
Under items 1. and 2., any ensuing loss to property
described in Coverages A and B not excluded or
excepted in this policy is covered.
COVERAGE C – PERSONAL PROPERTY
We insure for direct physical loss to the property
described in Coverage C caused by a peril listed
below unless the loss is excluded in SECTION I –
EXCLUSIONS.
1. Fire or lightning.
2. Windstorm or hail.
This peril does not include loss to the property
contained in a building caused by rain, snow,
sleet, sand or dust unless the direct force of wind
or hail damages the building causing an opening
in a roof or wall and the rain, snow, sleet, sand or
dust enters through this opening.
This peril includes loss to watercraft and their
trailers, furnishings, equipment, and outboard en-
gines or motors, only while inside a fully enclosed
building.
3. Explosion.
4. Riot or civil commotion.
5. Aircraft, including self-propelled missiles and
spacecraft.
6. Vehicles.
7. Smoke, meaning sudden and accidental damage
from smoke.
This peril does not include loss caused by smoke
from agricultural smudging or industrial opera-
tions.
8. Vandalism or malicious mischief.
9. Theft, including attempted theft and loss of prop-
erty from a known place when it is likely that the
property has been stolen.
This peril does not include loss caused by theft:
a. Committed by an "insured";
b. In or to a dwelling under construction, or of
materials and supplies for use in the construc-
tion until the dwelling is finished and occupied;
or
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Copyright, Insurance Services Office, Inc., 1990
HO 00 03 04 91
c. From that part of a "residence premises"
rented by an "insured" to other than an
"insured."
This peril does not include loss caused by theft
that occurs off the "residence premises" of:
a. Property while at any other residence owned
by, rented to, or occupied by an "insured," ex-
cept while an "insured" is temporarily living
there. Property of a student who is an "insured"
is covered while at a residence away from
home if the student has been there at any time
during the 45 days immediately before the
loss;
b. Watercraft, and their furnishings, equipment
and outboard engines or motors; or
c. Trailers and campers.
10.Falling objects.
This peril does not include loss to property con-
tained in a building unless the roof or an outside
wall of the building is first damaged by a falling
object. Damage to the falling object itself is not
included.
11.Weight of ice, snow or sleet which causes dam-
age to property contained in a building.
12.Accidental discharge or overflow of water or
steam from within a plumbing, heating, air condi-
tioning or automatic fire protective sprinkler sys-
tem or from within a household appliance.
This peril does not include loss:
a. To the system or appliance from which the
water or steam escaped;
b. Caused by or resulting from freezing except as
provided in the peril of freezing below; or
c. On the "residence premises" caused by acci-
dental discharge or overflow which occurs off
the "residence premises."
In this peril, a plumbing system does not include a
sump, sump pump or related equipment.
13.Sudden and accidental tearing apart, cracking,
burning or bulging of a steam or hot water
heating system, an air conditioning or automatic
fire protective sprinkler system, or an appliance
for heating water.
We do not cover loss caused by or resulting from
freezing under this peril.
14.Freezing of a plumbing, heating, air conditioning
or automatic fire protective sprinkler system or of
a household appliance.
This peril does not include loss on the "residence
premises" while the dwelling is unoccupied, unless
you have used reasonable care to:
a. Maintain heat in the building; or
b. Shut off the water supply and drain the system
and appliances of water.
15.Sudden and accidental damage from
artificially generated electrical current.
This peril does not include loss to a tube, transis-
tor or similar electronic component.
16.Volcanic eruption other than loss caused by
earthquake, land shock waves or tremors.
SECTION I – EXCLUSIONS
1. We do not insure for loss caused directly or indi-
rectly by any of the following. Such loss is ex-
cluded regardless of any other cause or event
contributing concurrently or in any sequence to
the loss.
a. Ordinance or Law, meaning enforcement of
any ordinance or law regulating the construc-
tion, repair, or demolition of a building or other
structure, unless specifically provided under
this policy.
b. Earth Movement, meaning earthquake includ-
ing land shock waves or tremors before, during
or after a volcanic eruption; landslide; mine
subsidence; mudflow; earth sinking, rising or
shifting; unless direct loss by:
(1) Fire;
(2) Explosion; or
(3) Breakage of glass or safety glazing mate-
rial which is part of a building, storm door
or storm window;
ensues and then we will pay only for the ensu-
ing loss.
This exclusion does not apply to loss by theft.
c. Water Damage, meaning:
(1) Flood, surface water, waves, tidal water,
overflow of a body of water, or spray from
any of these, whether or not driven by wind;
(2) Water which backs up through sewers or
drains or which overflows from a sump; or
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Page 9 of 18
(3) Water below the surface of the ground,
including water which exerts pressure on or
seeps or leaks through a building, sidewalk,
driveway, foundation, swimming pool or
other structure.
Direct loss by fire, explosion or theft resulting
from water damage is covered.
d. Power Failure, meaning the failure of power
or other utility service if the failure takes place
off the "residence premises." But, if a Peril In-
sured Against ensues on the "residence prem-
ises," we will pay only for that ensuing loss.
e. Neglect, meaning neglect of the "insured" to
use all reasonable means to save and pre-
serve property at and after the time of a loss.
f. War, including the following and any conse-
quence of any of the following:
(1) Undeclared war, civil war, insurrection,
rebellion or revolution;
(2) Warlike act by a military force or military
personnel; or
(3) Destruction, seizure or use for a military
purpose.
Discharge of a nuclear weapon will be deemed
a warlike act even if accidental.
g. Nuclear Hazard, to the extent set forth in the
Nuclear Hazard Clause of SECTION I –
CONDITIONS.
h. Intentional Loss, meaning any loss arising
out of any act committed:
(1) By or at the direction of an "insured"; and
(2) With the intent to cause a loss.
2. We do not insure for loss to property described in
Coverages A and B caused by any of the follow-
ing. However, any ensuing loss to property de-
scribed in Coverages A and B not excluded or ex-
cepted in this policy is covered.
a. Weather conditions. However, this exclusion
only applies if weather conditions contribute in
any way with a cause or event excluded in
paragraph 1. above to produce the loss;
b. Acts or decisions, including the failure to act
or decide, of any person, group, organization
or governmental body;
c. Faulty, inadequate or defective:
(1) Planning, zoning, development, surveying,
siting;
(2) Design, specifications, workmanship, re-
pair, construction, renovation, remodeling,
grading, compaction;
(3) Materials used in repair, construction,
renovation or remodeling; or
(4) Maintenance;
of part or all of any property whether on or off
the "residence premises."
SECTION I – CONDITIONS
1. Insurable Interest and Limit of Liability. Even if
more than one person has an insurable interest in
the property covered, we will not be liable in any
one loss:
a. To the "insured" for more than the amount of
the "insured's" interest at the time of loss; or
b. For more than the applicable limit of liability.
2. Your Duties After Loss. In case of a loss to
covered property, you must see that the following
are done:
a. Give prompt notice to us or our agent;
b. Notify the police in case of loss by theft;
c. Notify the credit card or fund transfer card
company in case of loss under Credit Card or
Fund Transfer Card coverage;
d. Protect the property from further damage. If
repairs to the property are required, you must:
(1) Make reasonable and necessary repairs to
protect the property; and
(2) Keep an accurate record of repair ex-
penses;
e. Prepare an inventory of damaged personal
property showing the quantity, description, ac-
tual cash value and amount of loss. Attach all
bills, receipts and related documents that jus-
tify the figures in the inventory;
f. As often as we reasonably require:
(1) Show the damaged property;
(2) Provide us with records and documents we
request and permit us to make copies; and
(3) Submit to examination under oath, while
not in the presence of any other "insured,"
and sign the same;
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HO 00 03 04 91
g. Send to us, within 60 days after our request,
your signed, sworn proof of loss which sets
forth, to the best of your knowledge and belief:
(1) The time and cause of loss;
(2) The interest of the "insured" and all others
in the property involved and all liens on the
property;
(3) Other insurance which may cover the loss;
(4) Changes in title or occupancy of the prop-
erty during the term of the policy;
(5) Specifications of damaged buildings and
detailed repair estimates;
(6) The inventory of damaged personal prop-
erty described in 2.e. above;
(7) Receipts for additional living expenses
incurred and records that support the fair
rental value loss; and
(8) Evidence or affidavit that supports a claim
under the Credit Card, Fund Transfer Card,
Forgery and Counterfeit Money coverage,
stating the amount and cause of loss.
3. Loss Settlement. Covered property losses are
settled as follows:
a. Property of the following types:
(1) Personal property;
(2) Awnings, carpeting, household appliances,
outdoor antennas and outdoor equipment,
whether or not attached to buildings; and
(3) Structures that are not buildings;
at actual cash value at the time of loss but not
more than the amount required to repair or re-
place.
b. Buildings under Coverage A or B at replace-
ment cost without deduction for depreciation,
subject to the following:
(1) If, at the time of loss, the amount of insur-
ance in this policy on the damaged building
is 80% or more of the full replacement cost
of the building immediately before the loss,
we will pay the cost to repair or replace,
after application of deductible and without
deduction for depreciation, but not more
than the least of the following amounts:
(a) The limit of liability under this policy that
applies to the building;
(b) The replacement cost of that part of the
building damaged for like construction
and use on the same premises; or
(c) The necessary amount actually spent to
repair or replace the damaged building.
(2) If, at the time of loss, the amount of insur-
ance in this policy on the damaged building
is less than 80% of the full replacement
cost of the building immediately before the
loss, we will pay the greater of the following
amounts, but not more than the limit of li-
ability under this policy that applies to the
building:
(a) The actual cash value of that part of the
building damaged; or
(b) That proportion of the cost to repair or
replace, after application of deductible
and without deduction for depreciation,
that part of the building damaged, which
the total amount of insurance in this
policy on the damaged building bears to
80% of the replacement cost of the
building.
(3) To determine the amount of insurance
required to equal 80% of the full replace-
ment cost of the building immediately be-
fore the loss, do not include the value of:
(a) Excavations, foundations, piers or any
supports which are below the undersur-
face of the lowest basement floor;
(b) Those supports in (a) above which are
below the surface of the ground inside
the foundation walls, if there is no
basement; and
(c) Underground flues, pipes, wiring and
drains.
(4) We will pay no more than the actual cash
value of the damage until actual repair or
replacement is complete. Once actual re-
pair or replacement is complete, we will
settle the loss according to the provisions
of b.(1) and b.(2) above.
However, if the cost to repair or replace the
damage is both:
(a) Less than 5% of the amount of insur-
ance in this policy on the building; and
(b) Less than $2500;
we will settle the loss according to the pro-
visions of b.(1) and b.(2) above whether or
not actual repair or replacement is com-
plete.
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(5) You may disregard the replacement cost
loss settlement provisions and make claim
under this policy for loss or damage to
buildings on an actual cash value basis.
You may then make claim within 180 days
after loss for any additional liability accord-
ing to the provisions of this Condition 3.
Loss Settlement.
4. Loss to a Pair or Set. In case of loss to a pair or
set we may elect to:
a. Repair or replace any part to restore the pair or
set to its value before the loss; or
b. Pay the difference between actual cash value
of the property before and after the loss.
5. Glass Replacement. Loss for damage to glass
caused by a Peril Insured Against will be settled
on the basis of replacement with safety glazing
materials when required by ordinance or law.
6. Appraisal. If you and we fail to agree on the
amount of loss, either may demand an appraisal
of the loss. In this event, each party will choose a
competent appraiser within 20 days after receiving
a written request from the other. The two apprais-
ers will choose an umpire. If they cannot agree
upon an umpire within 15 days, you or we may re-
quest that the choice be made by a judge of a
court of record in the state where the "residence
premises" is located. The appraisers will sepa-
rately set the amount of loss. If the appraisers
submit a written report of an agreement to us, the
amount agreed upon will be the amount of loss. If
they fail to agree, they will submit their differences
to the umpire. A decision agreed to by any two will
set the amount of loss.
Each party will:
a. Pay its own appraiser; and
b. Bear the other expenses of the appraisal and
umpire equally.
7. Other Insurance. If a loss covered by this policy
is also covered by other insurance, we will pay
only the proportion of the loss that the limit of li-
ability that applies under this policy bears to the
total amount of insurance covering the loss.
8. Suit Against Us. No action can be brought unless
the policy provisions have been complied with and
the action is started within one year after the date
of loss.
9. Our Option. If we give you written notice within
30 days after we receive your signed, sworn proof
of loss, we may repair or replace any part of the
damaged property with like property.
10.Loss Payment. We will adjust all losses with you.
We will pay you unless some other person is
named in the policy or is legally entitled to receive
payment. Loss will be payable 60 days after we
receive your proof of loss and:
a. Reach an agreement with you;
b. There is an entry of a final judgment; or
c. There is a filing of an appraisal award with us.
11.Abandonment of Property. We need not accept
any property abandoned by an "insured."
12.Mortgage Clause.
The word "mortgagee" includes trustee.
If a mortgagee is named in this policy, any loss
payable under Coverage A or B will be paid to the
mortgagee and you, as interests appear. If more
than one mortgagee is named, the order of pay-
ment will be the same as the order of precedence
of the mortgages.
If we deny your claim, that denial will not apply to
a valid claim of the mortgagee, if the mortgagee:
a. Notifies us of any change in ownership, occu-
pancy or substantial change in risk of which
the mortgagee is aware;
b. Pays any premium due under this policy on
demand if you have neglected to pay the
premium; and
c. Submits a signed, sworn statement of loss
within 60 days after receiving notice from us of
your failure to do so. Policy conditions relating
to Appraisal, Suit Against Us and Loss Pay-
ment apply to the mortgagee.
If we decide to cancel or not to renew this policy,
the mortgagee will be notified at least 10 days
before the date cancellation or nonrenewal takes
effect.
If we pay the mortgagee for any loss and deny
payment to you:
a. We are subrogated to all the rights of the
mortgagee granted under the mortgage on the
property; or
b. At our option, we may pay to the mortgagee
the whole principal on the mortgage plus any
accrued interest. In this event, we will receive
a full assignment and transfer of the mortgage
and all securities held as collateral to the
mortgage debt.
Subrogation will not impair the right of the mort-
gagee to recover the full amount of the mortga-
gee's claim.
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HO 00 03 04 91
13.No Benefit to Bailee. We will not recognize any
assignment or grant any coverage that benefits a
person or organization holding, storing or moving
property for a fee regardless of any other provi-
sion of this policy.
14.Nuclear Hazard Clause.
a. "Nuclear Hazard" means any nuclear reaction,
radiation, or radioactive contamination, all
whether controlled or uncontrolled or however
caused, or any consequence of any of these.
b. Loss caused by the nuclear hazard will not be
considered loss caused by fire, explosion, or
smoke, whether these perils are specifically
named in or otherwise included within the Per-
ils Insured Against in Section I.
c. This policy does not apply under Section I to
loss caused directly or indirectly by nuclear
hazard, except that direct loss by fire resulting
from the nuclear hazard is covered.
15.Recovered Property. If you or we recover any
property for which we have made payment under
this policy, you or we will notify the other of the
recovery. At your option, the property will be re-
turned to or retained by you or it will become our
property. If the recovered property is returned to
or retained by you, the loss payment will be ad-
justed based on the amount you received for the
recovered property.
16.Volcanic Eruption Period. One or more volcanic
eruptions that occur within a 72-hour period will be
considered as one volcanic eruption.
SECTION II – LIABILITY COVERAGES
COVERAGE E – Personal Liability
If a claim is made or a suit is brought against an
"insured" for damages because of "bodily injury" or
"property damage" caused by an "occurrence" to
which this coverage applies, we will:
1. Pay up to our limit of liability for the damages for
which the "insured" is legally liable. Damages in-
clude prejudgment interest awarded against the
"insured"; and
2. Provide a defense at our expense by counsel of
our choice, even if the suit is groundless, false or
fraudulent. We may investigate and settle any
claim or suit that we decide is appropriate. Our
duty to settle or defend ends when the amount we
pay for damages resulting from the "occurrence"
equals our limit of liability.
COVERAGE F – Medical Payments To Others
We will pay the necessary medical expenses that are
incurred or medically ascertained within three years
from the date of an accident causing "bodily injury."
Medical expenses means reasonable charges for
medical, surgical, x-ray, dental, ambulance, hospital,
professional nursing, prosthetic devices and funeral
services. This coverage does not apply to you or
regular residents of your household except "residence
employees." As to others, this coverage applies only:
1. To a person on the "insured location" with the
permission of an "insured"; or
2. To a person off the "insured location," if the
"bodily injury":
a. Arises out of a condition on the "insured loca-
tion" or the ways immediately adjoining;
b. Is caused by the activities of an "insured";
c. Is caused by a "residence employee" in the
course of the "residence employee's" employ-
ment by an "insured"; or
d. Is caused by an animal owned by or in the care
of an "insured."
SECTION II – EXCLUSIONS
1. Coverage E – Personal Liability and Coverage
F – Medical Payments to Others do not apply to
"bodily injury" or "property damage":
a. Which is expected or intended by the
"insured";
b. Arising out of or in connection with a
"business" engaged in by an "insured." This
exclusion applies but is not limited to an act or
omission, regardless of its nature or circum-
stance, involving a service or duty rendered,
promised, owed, or implied to be provided be-
cause of the nature of the "business";
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Page 13 of 18
c. Arising out of the rental or holding for rental of
any part of any premises by an "insured." This
exclusion does not apply to the rental or hold-
ing for rental of an "insured location":
(1) On an occasional basis if used only as a
residence;
(2) In part for use only as a residence, unless a
single family unit is intended for use by the
occupying family to lodge more than two
roomers or boarders; or
(3) In part, as an office, school, studio or pri-
vate garage;
d. Arising out of the rendering of or failure to
render professional services;
e. Arising out of a premises:
(1) Owned by an "insured";
(2) Rented to an "insured"; or
(3) Rented to others by an "insured";
that is not an "insured location";
f. Arising out of:
(1) The ownership, maintenance, use, loading
or unloading of motor vehicles or all other
motorized land conveyances, including
trailers, owned or operated by or rented or
loaned to an "insured";
(2) The entrustment by an "insured" of a motor
vehicle or any other motorized land con-
veyance to any person; or
(3) Vicarious liability, whether or not statutorily
imposed, for the actions of a child or minor
using a conveyance excluded in paragraph
(1) or (2) above.
This exclusion does not apply to:
(1) A trailer not towed by or carried on a motor-
ized land conveyance.
(2) A motorized land conveyance designed for
recreational use off public roads, not sub-
ject to motor vehicle registration and:
(a) Not owned by an "insured"; or
(b) Owned by an "insured" and on an
"insured location";
(3) A motorized golf cart when used to play
golf on a golf course;
(4) A vehicle or conveyance not subject to
motor vehicle registration which is:
(a) Used to service an "insured's" resi-
dence;
(b) Designed for assisting the handicapped;
or
(c) In dead storage on an "insured loca-
tion";
g. Arising out of:
(1) The ownership, maintenance, use, loading
or unloading of an excluded watercraft de-
scribed below;
(2) The entrustment by an "insured" of an
excluded watercraft described below to any
person; or
(3) Vicarious liability, whether or not statutorily
imposed, for the actions of a child or minor
using an excluded watercraft described
below.
Excluded watercraft are those that are princi-
pally designed to be propelled by engine power
or electric motor, or are sailing vessels,
whether owned by or rented to an "insured."
This exclusion does not apply to watercraft:
(1) That are not sailing vessels and are pow-
ered by:
(a) Inboard or inboard-outdrive engine or
motor power of 50 horsepower or less
not owned by an "insured";
(b) Inboard or inboard-outdrive engine or
motor power of more than 50 horse-
power not owned by or rented to an
"insured";
(c) One or more outboard engines or mo-
tors with 25 total horsepower or less;
(d) One or more outboard engines or mo-
tors with more than 25 total horsepower
if the outboard engine or motor is not
owned by an "insured";
(e) Outboard engines or motors of more
than 25 total horsepower owned by an
"insured" if:
(i) You acquire them prior to the policy
period; and
(a) You declare them at policy in-
ception; or
(b) Your intention to insure is re-
ported to us in writing within 45
days after you acquire the out-
board engines or motors.
(ii) You acquire them during the policy
period.
This coverage applies for the policy pe-
riod.
(2) That are sailing vessels, with or without
auxiliary power:
(a) Less than 26 feet in overall length;
(b) 26 feet or more in overall length, not
owned by or rented to an "insured."
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HO 00 03 04 91
(3) That are stored;
h. Arising out of:
(1) The ownership, maintenance, use, loading
or unloading of an aircraft;
(2) The entrustment by an "insured" of an
aircraft to any person; or
(3) Vicarious liability, whether or not statutorily
imposed, for the actions of a child or minor
using an aircraft.
An aircraft means any contrivance used or de-
signed for flight, except model or hobby air-
craft not used or designed to carry people or
cargo;
i. Caused directly or indirectly by war, including
the following and any consequence of any of
the following:
(1) Undeclared war, civil war, insurrection,
rebellion or revolution;
(2) Warlike act by a military force or military
personnel; or
(3) Destruction, seizure or use for a military
purpose.
Discharge of a nuclear weapon will be deemed
a warlike act even if accidental;
j. Which arises out of the transmission of a
communicable disease by an "insured";
k. Arising out of sexual molestation, corporal
punishment or physical or mental abuse; or
l. Arising out of the use, sale, manufacture,
delivery, transfer or possession by any person
of a Controlled Substance(s) as defined by the
Federal Food and Drug Law at 21 U.S.C.A.
Sections 811 and 812. Controlled Substances
include but are not limited to cocaine, LSD,
marijuana and all narcotic drugs. However, this
exclusion does not apply to the legitimate use
of prescription drugs by a person following the
orders of a licensed physician.
Exclusions e., f., g., and h. do not apply to "bodily
injury" to a "residence employee" arising out of
and in the course of the "residence employee's"
employment by an "insured."
2. Coverage E – Personal Liability, does not apply
to:
a. Liability:
(1) For any loss assessment charged against
you as a member of an association, corpo-
ration or community of property owners;
(2) Under any contract or agreement. How-
ever, this exclusion does not apply to writ-
ten contracts:
(a) That directly relate to the ownership,
maintenance or use of an "insured loca-
tion"; or
(b) Where the liability of others is assumed
by the "insured" prior to an
"occurrence";
unless excluded in (1) above or elsewhere
in this policy;
b. "Property damage" to property owned by the
"insured";
c. "Property damage" to property rented to, oc-
cupied or used by or in the care of the
"insured." This exclusion does not apply to
"property damage" caused by fire, smoke or
explosion;
d. "Bodily injury" to any person eligible to receive
any benefits:
(1) Voluntarily provided; or
(2) Required to be provided;
by the "insured" under any:
(1) Workers' compensation law;
(2) Non-occupational disability law; or
(3) Occupational disease law;
e. "Bodily injury" or "property damage" for which
an "insured" under this policy:
(1) Is also an insured under a nuclear energy
liability policy; or
(2) Would be an insured under that policy but
for the exhaustion of its limit of liability.
A nuclear energy liability policy is one issued
by:
(1) American Nuclear Insurers;
(2) Mutual Atomic Energy Liability Underwrit-
ers;
(3) Nuclear Insurance Association of Canada;
or any of their successors; or
f. "Bodily injury" to you or an "insured" within the
meaning of part a. or b. of "insured" as de-
fined.
3. Coverage F – Medical Payments to Others,
does not apply to "bodily injury":
a. To a "residence employee" if the "bodily in-
jury":
(1) Occurs off the "insured location"; and
(2) Does not arise out of or in the course of the
"residence employee's" employment by an
"insured";
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Page 15 of 18
b. To any person eligible to receive benefits:
(1) Voluntarily provided; or
(2) Required to be provided;
under any:
(1) Workers' compensation law;
(2) Non-occupational disability law; or
(3) Occupational disease law;
c. From any:
(1) Nuclear reaction;
(2) Nuclear radiation; or
(3) Radioactive contamination;
all whether controlled or uncontrolled or how-
ever caused; or
(4) Any consequence of any of these; or
d. To any person, other than a "residence em-
ployee" of an "insured," regularly residing on
any part of the "insured location."
SECTION II – ADDITIONAL COVERAGES
We cover the following in addition to the limits of
liability:
1. Claim Expenses. We pay:
a. Expenses we incur and costs taxed against an
"insured" in any suit we defend;
b. Premiums on bonds required in a suit we de-
fend, but not for bond amounts more than the
limit of liability for Coverage E. We need not
apply for or furnish any bond;
c. Reasonable expenses incurred by an "insured"
at our request, including actual loss of earnings
(but not loss of other income) up to $50 per
day, for assisting us in the investigation or de-
fense of a claim or suit; and
d. Interest on the entire judgment which accrues
after entry of the judgment and before we pay
or tender, or deposit in court that part of the
judgment which does not exceed the limit of li-
ability that applies.
2. First Aid Expenses. We will pay expenses for
first aid to others incurred by an "insured" for
"bodily injury" covered under this policy. We will
not pay for first aid to you or any other "insured."
3. Damage to Property of Others. We will pay, at
replacement cost, up to $500 per "occurrence" for
"property damage" to property of others caused by
an "insured."
We will not pay for "property damage":
a. To the extent of any amount recoverable under
Section I of this policy;
b. Caused intentionally by an "insured" who is 13
years of age or older;
c. To property owned by an "insured";
d. To property owned by or rented to a tenant of
an "insured" or a resident in your household; or
e. Arising out of:
(1) A "business" engaged in by an "insured";
(2) Any act or omission in connection with a
premises owned, rented or controlled by an
"insured," other than the "insured location";
or
(3) The ownership, maintenance, or use of
aircraft, watercraft or motor vehicles or all
other motorized land conveyances.
This exclusion does not apply to a motor-
ized land conveyance designed for recrea-
tional use off public roads, not subject to
motor vehicle registration and not owned
by an "insured."
4. Loss Assessment. We will pay up to $1000 for
your share of loss assessment charged during the
policy period against you by a corporation or as-
sociation of property owners, when the assess-
ment is made as a result of:
a. "Bodily injury" or "property damage" not ex-
cluded under Section II of this policy; or
b. Liability for an act of a director, officer or trus-
tee in the capacity as a director, officer or
trustee, provided:
(1) The director, officer or trustee is elected by
the members of a corporation or associa-
tion of property owners; and
(2) The director, officer or trustee serves with-
out deriving any income from the exercise
of duties which are solely on behalf of a
corporation or association of property own-
ers.
This coverage applies only to loss assessments
charged against you as owner or tenant of the
"residence premises."
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HO 00 03 04 91
We do not cover loss assessments charged
against you or a corporation or association of
property owners by any governmental body.
Regardless of the number of assessments, the
limit of $1000 is the most we will pay for loss
arising out of:
a. One accident, including continuous or repeated
exposure to substantially the same general
harmful condition; or
b. A covered act of a director, officer or trustee.
An act involving more than one director, officer
or trustee is considered to be a single act.
The following do not apply to this coverage:
1. Section II – Coverage E – Personal Liability
Exclusion 2.a.(1);
2. Condition 1. Policy Period, under SECTIONS I
AND II – CONDITIONS.
SECTION II – CONDITIONS
1. Limit of Liability. Our total liability under Cover-
age E for all damages resulting from any one
"occurrence" will not be more than the limit of li-
ability for Coverage E as shown in the Declara-
tions. This limit is the same regardless of the
number of "insureds," claims made or persons in-
jured. All "bodily injury" and "property damage"
resulting from any one accident or from continu-
ous or repeated exposure to substantially the
same general harmful conditions shall be consid-
ered to be the result of one "occurrence."
Our total liability under Coverage F for all medical
expense payable for "bodily injury" to one person
as the result of one accident will not be more than
the limit of liability for Coverage F as shown in the
Declarations.
2. Severability of Insurance. This insurance applies
separately to each "insured." This condition will
not increase our limit of liability for any one
"occurrence."
3. Duties After Loss. In case of an accident or
"occurrence," the "insured" will perform the follow-
ing duties that apply. You will help us by seeing
that these duties are performed:
a. Give written notice to us or our agent as soon
as is practical, which sets forth:
(1) The identity of the policy and "insured";
(2) Reasonably available information on the
time, place and circumstances of the acci-
dent or "occurrence"; and
(3) Names and addresses of any claimants and
witnesses;
b. Promptly forward to us every notice, demand,
summons or other process relating to the acci-
dent or "occurrence";
c. At our request, help us:
(1) To make settlement;
(2) To enforce any right of contribution or in-
demnity against any person or organization
who may be liable to an "insured";
(3) With the conduct of suits and attend hear-
ings and trials; and
(4) To secure and give evidence and obtain
the attendance of witnesses;
d. Under the coverage – Damage to Property of
Others – submit to us within 60 days after the
loss, a sworn statement of loss and show the
damaged property, if in the "insured's" control;
e. The "insured" will not, except at the "insured's"
own cost, voluntarily make payment, assume
obligation or incur expense other than for first
aid to others at the time of the "bodily injury."
4. Duties of an Injured Person – Coverage F –
Medical Payments to Others.
The injured person or someone acting for the in-
jured person will:
a. Give us written proof of claim, under oath if
required, as soon as is practical; and
b. Authorize us to obtain copies of medical re-
ports and records.
The injured person will submit to a physical exam
by a doctor of our choice when and as often as we
reasonably require.
5. Payment of Claim – Coverage F – Medical
Payments to Others. Payment under this cover-
age is not an admission of liability by an "insured"
or us.
HO 00 03 04 91
Copyright, Insurance Services Office, Inc., 1990
Page 17 of 18
6. Suit Against Us. No action can be brought
against us unless there has been compliance with
the policy provisions.
No one will have the right to join us as a party to
any action against an "insured." Also, no action
with respect to Coverage E can be brought
against us until the obligation of the "insured" has
been determined by final judgment or agreement
signed by us.
7. Bankruptcy of an Insured. Bankruptcy or insol-
vency of an "insured" will not relieve us of our ob-
ligations under this policy.
8. Other Insurance – Coverage E – Personal Li-
ability. This insurance is excess over other valid
and collectible insurance except insurance written
specifically to cover as excess over the limits of
liability that apply in this policy.
SECTIONS I AND II – CONDITIONS
1. Policy Period. This policy applies only to loss in
Section I or "bodily injury" or "property damage" in
Section II, which occurs during the policy period.
2. Concealment or Fraud. The entire policy will be
void if, whether before or after a loss, an "insured"
has:
a. Intentionally concealed or misrepresented any
material fact or circumstance;
b. Engaged in fraudulent conduct; or
c. Made false statements;
relating to this insurance.
3. Liberalization Clause. If we make a change
which broadens coverage under this edition of our
policy without additional premium charge, that
change will automatically apply to your insurance
as of the date we implement the change in your
state, provided that this implementation date falls
within 60 days prior to or during the policy period
stated in the Declarations.
This Liberalization Clause does not apply to
changes implemented through introduction of a
subsequent edition of our policy.
4. Waiver or Change of Policy Provisions.
A waiver or change of a provision of this policy
must be in writing by us to be valid. Our request
for an appraisal or examination will not waive any
of our rights.
5. Cancellation.
a. You may cancel this policy at any time by
returning it to us or by letting us know in writing
of the date cancellation is to take effect.
b. We may cancel this policy only for the reasons
stated below by letting you know in writing of
the date cancellation takes effect. This cancel-
lation notice may be delivered to you, or
mailed to you at your mailing address shown in
the Declarations.
Proof of mailing will be sufficient proof of no-
tice.
(1) When you have not paid the premium, we
may cancel at any time by letting you know
at least 10 days before the date cancella-
tion takes effect.
(2) When this policy has been in effect for less
than 60 days and is not a renewal with us,
we may cancel for any reason by letting
you know at least 10 days before the date
cancellation takes effect.
(3) When this policy has been in effect for 60
days or more, or at any time if it is a re-
newal with us, we may cancel:
(a) If there has been a material misrepre-
sentation of fact which if known to us
would have caused us not to issue the
policy; or
(b) If the risk has changed substantially
since the policy was issued.
This can be done by letting you know at
least 30 days before the date cancellation
takes effect.
(4) When this policy is written for a period of
more than one year, we may cancel for any
reason at anniversary by letting you know
at least 30 days before the date cancella-
tion takes effect.
c. When this policy is cancelled, the premium for
the period from the date of cancellation to the
expiration date will be refunded pro rata.
d. If the return premium is not refunded with the
notice of cancellation or when this policy is
returned to us, we will refund it within a rea-
sonable time after the date cancellation takes
effect.
6. Nonrenewal. We may elect not to renew this
policy. We may do so by delivering to you, or
mailing to you at your mailing address shown in
the Declarations, written notice at least 30 days
before the expiration date of this policy. Proof of
mailing will be sufficient proof of notice.
7. Assignment. Assignment of this policy will not be
valid unless we give our written consent.
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Copyright, Insurance Services Office, Inc., 1990
HO 00 03 04 91
8. Subrogation. An "insured" may waive in writing
before a loss all rights of recovery against any
person. If not waived, we may require an assign-
ment of rights of recovery for a loss to the extent
that payment is made by us.
If an assignment is sought, an "insured" must sign
and deliver all related papers and cooperate with
us.
Subrogation does not apply under Section II to
Medical Payments to Others or Damage to Prop-
erty of Others.
9. Death. If any person named in the Declarations or
the spouse, if a resident of the same household,
dies:
a. We insure the legal representative of the de-
ceased but only with respect to the premises
and property of the deceased covered under
the policy at the time of death;
b. "Insured" includes:
(1) Any member of your household who is an
"insured" at the time of your death, but only
while a resident of the "residence prem-
ises"; and
(2) With respect to your property, the person
having proper temporary custody of the
property until appointment and qualification
of a legal representative.