HomeMy WebLinkAboutcoa.en.Aspen Villas.814 W Bleeker.1992 #346309 07/07/92 10:52 Rec $15.00 BK 682 F'6 747
Silvia Davis, Pitkin Cnty Clerk, Doc $.UCH
ENCROACHMENT AGREEMENT •
This agreement made and entered into this bp day of 1 41
, 19 92, by and between the CITY OF ASPEN, Pitkin County,
Colorado, hereinafter referred to as "Aspen" and
The Aspen Villas Homeowners Association
hereinafter referred to as "Licensee."
WHEREAS, Licensee is the owner of the following described
property located in the City of Aspen, Pitkin County, Colorado:
Aspen Villas Condominium
814 West Bleeker Street
City of Aspen, Pitkin County, Colorado
WHEREAS, said property abuts the following described public
right -of- way(s):
West Bleeker Street
Aspen, Colorado
WHEREAS, Licensee desires to encroach upon said right -of
way(s)
See plat recorded at book � � page &I
for legal description
WHEREAS, Aspen agrees to the grant of a private license of
encroachment as built subject to certain conditions.
THEREFORE, in consideration of the mutual agreement herein-
after contained, Aspen and Licensee covenant and agree as
follows:
1. A private revocable license is hereby granted to Licensee
to occupy, maintain and utilize the above described portion of
public right -of -way for the sole purpose described. •
2. This license is granted for a perpetual term subject to
being terminated at any time and for any reason at the sole
discretion of the City Council of the City of Aspen.
3. This license shall be subordinate to the right of Aspen
to use said area for any public purposes.
4. Licensee is responsible for the maintenance and repair of
the public right -of -way, together with improvements constructed
therein, which Aspen, in the exercise of its discretion, shall
determine to be necessary to keep the same in a safe and clean
condition.
'd346509 07/07/92 10:52 Rec`4 5.00 BK 692 PG 748
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
5. Licensee shall at all times during the term hereof, carry
public liability insurance for the benefit of the City with
limits of not less than those specified by Section 24-10-114, -
C.R.S., as may be amended from time to time, naming the City as
co- insured. Licensee shall maintain said coverage in full force
and effect during the term of this License and shall furnish the
City with a copy of such coverage or a certificate evidencing
such coverage. All insurance policies maintained pursuant to
this agreement shall contain the following endorsement:
'It is hereby understood and agreed that this insurance
policy may not be cancelled by the surety until thirty (30)
days after receipt by the City, by registered mail, of a
written notice of such intention to cancel or not to renew.'
The licensee shall show proof of this insurance to the City
before this agreement is filed.
6. Licensee shall save, defend and hold harmless against any
and all claims for damages, costs and expenses, to persons or
property that may arise out of, or be occasioned by the use,
occupancy and maintenance of said property by Licensee, or from
any act or omission of any representative, agent, customer and /or
employee of Licensee.
7. This license may be terminated by Licensee at any time
and for any reason on thirty (30) days written notice of Licen-
see's intent to cancel. This license may be terminated by Aspen
at any time and for any reason by resolution duly passed by the
City Council of the City of Aspen. Upon termination Licensee
shall, at Licensee's expense, remove any improvements or en-
croachments from said property. The property shall be restored
to a condition satisfactory to Aspen.
8. This license is subject to all state laws, the provisions
of the Charter of the City of .Aspen as it now exists or may
hereafter be amended, and the ordinances of the City of Aspen now
in effect or those which may hereafter be adopted.
9. Nothing herein shall be construed so as to prevent Aspen
from granting such additional licenses or property interests in
or affecting said property as it deems necessary.
10. The conditions hereof imposed on the granted license of
encroachment shall constitute covenants running with the land,
and binding upon Licensee, their heirs, successors and assigns.
11. In any legal action to enforce the provisions of this
Agreement, the prevailing party shall be entitled to its reason-
able attorney's fees.
#34650( /07/92 10:52 Rec $15.00 L,682 PG 749
Silvia L3avis, Pitkin Cnty Clerk, Doc $.00
12. If the structure for which this license was issued is
removed for any reason, Licensee may not rebuild in the same
location without obtaining another encroachment license prior to
building. No existing encroachment shall be enlarged without
obtaining an additional license prior to construction.
13. The licensee waives any and all claims against the City
of Aspen for loss or damage to the improvements constructed
within the encroachment area.
IN WITNESS WHEREOF,the parties executed this agreement at
Aspen the day and year first written.
CITY OF ASPEN, COLORADO
By
John ennett, Mayor
ATTEST: kY 6�L
KATHRYN KOCH, City Clerk /
A /� �-
. icensee
STATE OF COLORADO )
) ss.
County of Pitkin )
The foregoing instrument was acknowledged before me this
/7't day of pke n..a Q� D/\ , 19/L, by PQi/ I in CCA/T Cam
Licensee. (�
WITNESS MY HAND AND OFFICIAL SEAL.
commission expires: ' 9--1— ����( /�/� �j
`` ����, \L .. d 0 � �'�. l" /AA Stour ,
' o ' A�"1i1� � _ No ry Public
6 -1 118 at gi6/9v
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�, C1.'''� ` ' Address ' •
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sp /6/91/ ENCRAGREEMENT.KEEP
BUSINESSOWNERS
PACKAGE POLICY
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Non - assessable policy
Issued by
AMERICAN FAMILY
MUTUAL INSURANCE COMPANY
Madison, Wisconsin
Member of American Family Insurance Group
BP 00 00 06 90 Stock No 10540 Rev 8 /91
YOUR tsUSINESSOWNERS POLICY QUICK REFERtNCE INDEX
•
Named Insured
Described Premises
Policy Period • Declarations
Coverages
Limits of Insurance
Page
Insuring Agreement 1
What To Do If You Have a Loss 1
•
Section I— Business Property
Property Covered 2
Property Not Covered 2
Valuation of Covered Property 3
Limit of Insurance 4
Deductibles 4
Supplementary Coverages 4
Perils Insured Against Per Form Attached
Additional Protection You May Buy
Earthquake Coverage 7
Exterior Signs Coverage 7
Outdoor Antenna Coverage 7
Conditions — Section I 7
Definitions — Section I 9
Section II— Business Liability and Medical Payments Insurance
Coverage A — Bodily Injury and Property Damage Liability 9
Coverage B — Personal Injury and Advertising Injury Liability 12
Coverage C — Medical Payments 12
Supplementary Payments 13
Who Is An Insured 13
Limits of Insurance 14
Conditions — Section II 14
Definitions — Section 11 15
General Conditions 17
IMPORTANT: This Quick Reference is not part of the Businessowners Package Policy and does not provide coverage. Refer
to the Businessowners Package Policy itself for actual contractual provisions.
PLEASE READ THE BUSINESSOWNERS PACKAGE POLICY CAREFULLY.
BP 00 00 06 90 Stock No 10540 Rev. 8e11
•
ADDITIONAL INTEREST ENDORSEMENT
Endorsement To Businessowner's Package Policy
POLICY NUMBER EFFECTIVE DATE 1881. PREMIUM RETURN PREMIUM
05 X28001 05 22 92
ISSUED To
ASPEN VILLAS CONDOS
TOPELSON, ALEX
AGENT
RONALD M NAYOSKI 148 301
7120 E COUNTY LINE RD #201
HIGHLANDS RANCH, CO 80126 -3938
rile Moe indwmetpn s needed only when ths endorsement is awed .Rer WeWNnn of the polity.)
Name of Person or Organization — Location of Premises Type of Interest
CITY OF ASPEN EASEMENT
130 S GALENA ST
ASPEN CO 81611
•
We insure the above named person(s) or organization(s) under this policy to the extent set forth below:
1. For property coverages under SECTION I, only as his or her or its interests may appear.
2. For liability coverages under SECTION II, only with respect to the ownership, maintenance or use of the above premises and operations
necessary or incidental thereto;
3. As to the interest only of the additional insured(s), this insurance shall terminate only if we give such additional insured(s) not less than 10
days written notice of cancelation.
4. This endorsement will not increase our liability beyond the limits shown in the declarations.
All other terms, agreements, conditions, and provisions remain unchanged.
AMERICAN FAMILY MUTUAL INSURANCE COMPANY COUN TERSIGNED
MADISON, WISCONSIN a.*+3c
hewn, Set
ORIGINAL
BP 04 01 Ed. 9/84 ❑unsed Re AEent Slack No. 01455 Ree. 1191
ORIGINAL
H
:SINESS,OW \ER PACKAGE POLICY DECLARATION
AMERICAN FAMILY " 1 iI 10 INSURANCE E MP.A \Y
POLICY NUMBER:05X 28001
INSURED I..: JOINT VENTFR.L
NAMED INSURED
ASPEN VILLAS CONDOS
TOPELSON, ALFA
5691 0 NEWPORT r[FECTIVE
ENGLEWOOD 00 80111 FROM 01 20 92 IO 01 20 93
-EE END. BP 0109 — LIMITS ARE BLANKET FOR DESCRIBED PR0P'ET1
SECTION' 1 — COVERAGE AND LIMITS — SPECIAL FORM
•r: II t INGS LIMITS PREMIUM
REPLACEMENT COSI 2,250,000 33457.00
OSSI 01 BL3INESS INCOME — ACTU.AI. LOSS ".:STAINED SEE POLICY
DEDICTIBLE: 5250 POLICY
SECTION II — COVERAGES 313) LI
001' A AND 8: BUSINESS LIABILITY
;1,000,000 EACH OCCURRENCE, $2,000,000 AGGREGATE $327.00
CON' MEDICAL PAYMENIS 55,000 EACH PERSON INCLUDED
T01AL SECT ION i AND 11 PREMIUM FOR 1010 000AITO\ 5378.1.00
FORM /ENDORSEIIEXIS:
31'0409 06 90
BP0510 10 91
BPO401 09 84
B00200 06 90
BP0003 05 91
B00000 06 90; BP0105 0787
INDEX LEVEL: 191
From the effective date shown, these declarations form a part of this policy and replace all previously issued declarations, if any,
insuring the same property under this policy.
If more than one location is insured, one declaration page applies to each location unless otherwise indicated.
AUTHORIZED COUNTERSIGNED
REPRESENTATIVE � � r LICENSED RESIDENT AGENT
President Seaelary
RONALD M NAYOSEI 148 -301
7120 F COUNTY LIVE RD #201
HIGHLANDS RANCH CO 80126 - 3938
Mon.. Ah IUN Inn CA CIOl c.__i, u_ o..., mn,
•
•
BLANKET COVERAGE— STATEMENT OF VALUES — KEEP WITH POLICY
(Condominium and Apartments Only)
At the effective date shown, this statement replaces any similar State of Values attached to the policy.
POLICY NUMBER EFFECTIVE DATE ADO'L. PREMIUM RETURN PREMIUM
'05 X28001
ISSUED TO
ASPEN VILLAS CONDOS
TOPELSON, ALEX
AGENT
RONALD M NAYOSKI 148 301
7120 E COUNTY LINE RD #201
HIGHLANDS RANCH, CO 80126 -3938
Me above to *mabon is needed only nbe,, this endmsem ent d irned a/MIprepa ab , of the poky) —
INSTRUCTIONS
1. The values shown must be 100% of Replacement Cost for Buildings and 100% of Actual Cash Value or Replacement Cost for Business
Personal Property.
2. The values shall be submitted to us and are subject to our acceptance.
3. Nothing contained in this statement changes in any way the conditions of the policy.
4. We may require this Statement of Values to be signed by you.
KEY
(a) Buildings /Business Personal Property.
(b) Business Personal Property only.
(c) Limit - For Loss of Income, Signs and Antennas only.
VALUES - See key Above
Lot DESCRIPTION AND LOCATION ReplmcNMat Cost Actual Cash VAN
A
Of PROPERTY tea Applicable (&s. Ms. Prop. Ouly) Limit
(al (b) (c)
01 BLDG A 814 W BLEEKER ST 500,000
ASPEN PITKIN CO CO
006 UNIT APARTMENT CONDOMINIUM -FRAME
02 BLDG B 814 W BLEEKER ST 500,000
ASPEN PITKIN CO CO
006 UNIT APARTMENT CONDOMINIUM -FRAME
03 BLDG C 814 W BLEEKER ST 450,000
ASPEN PITKIN CO CO
005 UNIT APARTMENT CONDOMINIUM -FRAME
04 BLDG D 814 W BLEEKER ST 300,000
ASPEN PITKIN CO CO
003 UNIT APARTMENT CONDOMINIUM -FRAME
05 BLDG E 814 W BLEEKER ST 500,000
ASPEN PITKIN CO CO
006 UNIT APARTMENT CONDOMINIUM -FRAME
AMERICAN FAMILY MUTUAL INSURANCE COMPANY �» / .# n. COUNTERSIGNED
MADISON, WISCONSIN Gu k' C �l
BP 0409 Ed. 9/84 / . ' Licensed rNadem Pent
Slocb No 02954
EARTHQUAKE CHANGES
Endorsement to Businessowners Package Policy
This policy is changed as follows:
SECTION I - BUSINESS PROPERTY, ADDITIONAL PROTECTION YOU MAY BUY, Earthquake Coverage is deleted.
All other terms remain unchanged.
AMERICAN FAMILY MUTUAL INSURANCE COMPANY
MADISON, WISCONSIN
BP 0510 10 91 Stcu No. 05417
ADDITIONAL INTEREST ENDORSEMENT
Endorsement To Businessowner's Package Policy
POLICY NUMBER EFFECTIVE DATE ADD'L. PREMIUM RETURN PREMIUM
OSY 28001 01 20 92 (01. 20 921
ISSUED TO
ASPEN VILLAS Ct"1N11t1 TOPFLYTN. :Rua
5691 S laTPC)RT E7{4L`10 - 1) CO 80111
AGENT
• WANDIL) Pl NAYCZ3FOE 118 -101
7120 E (7.x1NIN LI'E RD 11201
H!! ILANfr RANG! CO 80126 -3918
(The above information is needed only when this endorsement is issued after preparation of the policy./ —
Name of Person or Organization - Location of Premises Type of Interest
11 1;71111 LIST OF INIT (UNITS p'll) THEIR. LT11111 1 :1111;
[WARD 11 11TEINRENG i?41T OCN''LV
)1I1 W BLEFI1E; 111 Al Ai.PF■I R) 8161 1
IIi(t1n'P 1tV11GAGE RC:' +.VMS AND !CAN r•i 1113.:;EF
10 FQX 790010 ST 111.911 "I) 63179 ij 1i(- 110`')
fsTiRC & &TM ;;t(F7d.!1 C8 Iwi9' C4\T,k
S1 1 N BLEFSR ST A2 ASPFN 0) 81611
"IERTD)IAN 11R%AGP: (CRP PtTci ;AGFF
I14D MON 1) 711 W LAN ''111tH AVE WANE PA 1'3087
VICTOR & C:ATHFItTNE B FNCA,AND • MIT OWNER
811 W BI.FT.TOR ST A3 ASPEN CO 81611
THE FItWFNFLAL 1W E KW CO INC rit ra(tt,
ID PDX 4148 FREDRIQC, P8) 21701 -0909
P[VRRAFT, E HEELEY IRJTT (■1FSt
814 WNECKER ASPEN OD816.11
GFRAID HOSIER fIRi AGFE
100 S WAGER LItI1E GU(WX) IL 60606
We insure the above named person(s) or organization(s) under this policy to the extent set forth below:
1. For property coverages under SECTION I, only as his or her or its interests may appear.
2. For liability coverages under SECTION II, only with respect to the ownership, maintenance or use of the above premises and operations
necessary or incidental thereto;
3. As to the interest only of the additional insured(s), this insurance shall terminate only if we give such additional insured(s) not less than 10
days written notice of cancelation.
4. This endorsement will not increase our liability beyond the limits shown in the declarations.
All other terms, agreements, conditions, and provisions remain unchanged.
AMERICAN FAMILY MUTUAL INSURANCE COMPANY COUNTERSIGNED
MADISON, WISCONSIN 4•4 J.' erode - =,C �^
President Secretary
BP 04 01 Ed. 9/84 OFFICE Licensed Resident Agent Stock No. 02455 Rev. 1/89
ADDITIONAL INTEREST ENDORSEMENT
Endorsement To Businessowner's Package Policy
POLICY NUMBER EFFECTIVE DATE ADP[. PREMIUM RETURN PREMIUM
• 05X 28001 01 20 92 (01 20 92)
ISSUED TO
ASPTN nt > IrnlEE; 1119
`•+691 . NF?.PCRT ETYiI &KOD I t) 80111
AGENT
• ROPAII M NA1 148
7120 E CIYaiIy LINE RI) #201
RAN.11 TT) 80126-2.938
38
(The above information is needed only when mis endorsement is issued abet preparation of the policy) _
Name of Person or Organization - Location of Premises Type of Interest
M'CIti: LIRE OF IINTT 04YNffC AND 111E111 LIFNFJLD9128
P:N81::;T1193 OF PAGE•
1114R• R LI!7{ITNWM(1111. tp TT (MIR
814 W BUMS >T P1 ;SPIN 01 81611
FIRST IIIl)ICF:.T RINK OF FLL1rFT1 "t:5Y111V1F
50 W JELE FbL`1:N ST JOLIET IL ',0131
FT,P)ERM: UMW INFP 17."1R
814 W ST B^. .:il'I3 10 81(11
PLATTE nt 1•110 1.1)DT0•1131T
10 DCA 1706 SOITI ; IIIII'r MT. 11“61-1106
•
ALEX Tt1PF1'XN WIT MIFR
814 p W�BI,�FR CS? B3 A 8116��1yy1yPA 11
�� ,� VY
rif]ai PRUDENTIAL IE.i W FCR`IGAGE CUINY 1thGAGI r
PO BOX 105382 ATLANTA GA 30348 -5381 lrnN #0361-429
TONG MN unl (WIT OWNER
814 W BLIMP ST N ASPEN CO 81611
1.5NrIY1) MORTGAGE arIPANY tt 0FTGAGI
1700 F420A1WAY SW 2100 DENVER a 80293 -2101 LEAN 116601.6 - 2
•
We insure the above named person(s) or organization(s) under this policy to the extent set forth below:
1. For property coverages under SECTION I, only as his or her or its interests may appear.
2. For liability coverages under SECTION II, only with respect to the ownership, maintenance or use of the above premises and operations
necessary or incidental thereto;
3. As to the interest only of the additional insured(s), this insurance shall terminate only if we give such additional insured(s) not less than 10
days written notice of cancelation.
4. This endorsement will not increase our liability beyond the limits shown in the declarations.
All other terms, agreements, conditions, and provisions remain unchanged.
AMERICAN FAMILY MUTUAL INSURANCE COMPANY COUNTERSIGNED
MADISON, WISCONSIN 1414 Heave
cave — :a( ��-
President Secretary
BP 04 01 Ed. 9/84 OFFICE Licensed Resident Agent Stock No. 02455 Rev. 1/89
ADDITIONAL INTEREST ENDORSEMENT
Endorsement To Businessowner's Package Policy
POLICY NUMBER EFFECTIVE DATE ADD'L. PREMIUM RETURN PREMIUM
•
• 05X 28001 01 20 92 101 20 92)
ISSUED TO
ASPEN \7LL,AE 111:ydtn; PTFI&f. JAIL:`;
5691 8 NEWPORT EN tigno C') 80111
AGENT
PCR 1D M N 7'CX:KI 118_301
7120 E CUflP:' LINE RD U201
HIC411ANJC1 RANOI CD 80126-30:t8
(The above information is needed only when this endorsement 6 issued after preparation of the policy.) —
Name of Person or Organization - Location of Premises Type of Interest
MAi "!1,F: I:L;T OF UNIT t%N128 A`D'TfHEIR LI!TPYdDE1C
I.Triaiiifirli13 OF 7 PAGE:.
CH`.RLC: R I•MRI2 7R 114 F OW ?IEIt
81' W Rt1r7:[R ST 115 :A^,T'P E J 81611
[TF IRP
1t,1YP:1AGE INC nWIM:^ AND MAN rrr;TT:araFr,
10 10X 790010 OT I.01112 rte 63170
:CILLI:T Si FAUN iii(11;11T11 tkNTi (WW
81.1 W B ;1 Bt AMIN 03 81611
r {PVTAL 8; T.NG NMI) IAkN .12:87 1ORTGA!;
10 ICA 901007 FORT %oath; IN 76101
DIJC HD U U LIMIT OWNER
814 W BI a 1 0 ST C1 ASPEN CO 81611
FRI f•flAGE CORP M3R1GA!T.�;
PO IlOX 1199 MINNFARLIS PN 5M40
2 OAG1{A10I t»fI LMT c !FR
814 14 • a DID ST C2 ASPEN CU 81611
PLATTE VALLEY M.EG CORP MJRTGAGFE
IN) MX 1706 S0YF SBUJFF NE 69363-1706
We insure the above named person(s) or organization(s) under this policy to the extent set forth below:
1. For property coverages under SECTION I, only as his or her or its interests may appear.
2. For liability coverages under SECTION II, only with respect to the ownership, maintenance or use of the above premises and operations
necessary or incidental thereto;
3. As to the interest only of the additional insured(s), this insurance shall terminate only if we give such additional insured(s) not less than 10
days written notice of cancelation.
4. This endorsement will not increase our liability beyond the limits shown in the declarations.
All other terms, agreements, conditions, and provisions remain unchanged.
AMERICAN FAMILY MUTUAL INSURANCE COMPANY COUNTERSIGNED nn �
MADISON, WISCONSIN ,47 4 2 glni ..: ,tea ..rte .-
President - Secretary
BP 0401 Ed. 9/84 OFFICE Licensed Resident Agent Stock No. 02455 Rey. 1/89
ADDITIONAL INTEREST ENDORSEMENT
Endorsement To Businessowner's Package Policy
POLICY NUMBER EFFECTIVE DATE ADD'L. PREMIUM RETURN PREMIUM
• 05.X 28001 01 20 92 (01 20 92)
ISSUED TO
ASPEN ULNAS CMFNTrS 7or'u D:, OM IN
5691 3 NFay, VP INTZF1d101) 02 80111
AGENT
• r<'rJ?U) M NAV:C/a 118 -301
7120 F MINTY LINE RD 1/201
1II(i1iJ4vDS rt N(11 CO 80126 - 3938
/!he above information is needed only when this endorsement is issued after preparation of the policy.) -
Name of Person or Organization - Location of Premises Type of Interest
`ASTER LAST OF UNIT O{: F L ' AND THEIR LIFNiC)1T'1T:
0)N2I1II'TNY: OF 7 PAGES
84(IIS,RD A & F1 TZABEIH (T*1 ti I?!IT (1.NF7
1111 W BLEFM( 2T C3 ASPEN CO 81611
rH1t11. AI, FIN SERVICE CORI' 6/0 fl - 4 411C1L "t4<P3AG N:I TC.IGFT
10 FOX 06333 (044/111112. ON 43206
fYFIRT & JE-\N M D'ILESIITO INITF (Xn`','ET(
811 W IQEFEER ST 64 ASPEN (1:) 81611
;,C1r;E r1 N1 {;TrAN F114 SVCS `ORTI:;CEE
10 FOX 301E6 TAMPA it 33630
PAUL a MURRY (NIT (M FR
814WB1 FRS (5ASPIN
17,AvrE VALLEY KEG 03RP InErGAGFE
PO BOX 1706 BC7FISBLUFF NE 69363 -1706 10AN 1010474 -5
,TERRY 8 110(3ATr MIT %N
814 W BIEJERIR ST D2 ASPEN CD 81611
PLATTE VAI E'Y MFG 03 RP PIR1GAGFE
PO TOX 17C£ SCVFISPLLIFF NE 69363 -1706 IDAN 110103166 -3
We insure the above named person(s) or organization(s) under this policy to the extent set forth below:
1. For property coverages under SECTION I, only as his or her or its interests may appear.
2. For liability coverages under SECTION II, only with respect to the ownership, maintenance or use of the above premises and operations
necessary or incidental thereto;
3. As to the interest only of the additional insured(s), this insurance shall terminate only if we give such additional insured(s) not less than 10
days written notice of cancelation.
4. This endorsement will not increase our liability beyond the limits shown in the declarations.
All other terms, agreements, conditions, and provisions remain unchanged.
AMERICAN FAMILY MUTUAL INSURANCE COMPANY ,,, J COUNTERSIGNED n
MADISON, WISCONSIN ,02..GJ.' ..whI .�+r °.e.--
P,es.dent Secretary
BP 04 01 Ed. 9/84 OFFICE licensed Resident Agent Stock No. 02455 Rey. 1/89
CONDOMINIUM ASSOCIATION ENDORSEMENT
Endorsement to Businessowners Package Policy
When this policy is issued to a Condominium Association and insures Condominium Building(s), the policy is changed as follows:
SECTION I - BUSINESS PROPERTY
The PROPERTY COVERED provisions are changed as follows.
1. Building(s) also includes the following types of property contained within a unit, regardless of ownership, if your Condominium Association
Agreement requires you to insure it:
a. fixtures, improvements and alterations that are a part of the building or structure; and
b. appliances, such as those used for refrigerating, ventilating, cooking, dishwashing, laundering, security or housekeeping.
Building(s) does not include personal property owned by, used by or in the care, custody or control of a unit owner except as listed above.
2. Business Personal Property also includes Business Personal Property owned indivisibly by all unit owners. Business Personal Property does
not include personal property owned only by a unit owner.
CONDITIONS - SECTION I
The Adjustment and Payment of Loss condition is replaced by the following.
I. Loss under Section I of this policy will not reduce the limits of insurance available for a subsequent loss. We will adjust your property losses
with you. We will pay you unless some other party is named in the policy and is legally entitled to receive payment. If you have designated an
insurance trustee, we will pay the trustee; such payment will completely discharge our liability for the loss. Loss will be payable 60 days after
we receive your proof of loss and either:
a. we reach agreement with you: or
b. there is an entry of a final judgement; or
c. there is a filing of an arbitration award with us.
We reserve the right to adjust any loss to property of others with the owners of the property. and to pay them.
2. The Other Insurance condition is replaced by the following:
We will pay only that part of any loss that exceeds the amount payable under any other valid and collectible insurance. This condition does
not apply to:
a. property of others covered by this policy; or
b. property which, at the time of the loss, is also covered by other insurance in the name of a unit owner.
SECTION II - BUSINESS LIABILITY
WHO IS AN INSURED is amended to also include as an insured:
1. The developer, but only as a unit owner or as a holder of a vendor's interest in a contract for deed of the described condominium, and only
with respect to liability arising out of the ownership, maintenance or repair of that portion of the premises which is not owned solely by the
developer. However, this insurance does not apply to liability of the developer for acts or omissions as a developer.
2. Each other unit owner of the described condominium, but only with respect to liability arising out of the ownership, maintenance or repair of •
that portion of the premises which is not owned solely by the unit owner.
3. (Applies only if you are located in Illinois.) Your management agent and any employee of your management agent, while acting within the
scope of his /her duties for you. Any such employee is covered to the same extent that your employee is covered.
GENERAL CONDITIONS
The Subrogation condition is replaced by the following:
1. Uwe make a payment under this policy, we may require that the insured assign to us his or her right of recovery against any person for the
Inss to the extent of the payment. The insured must do everything necessary to make this assignment and secure our rights.
2. We are not liable for any loss if an insured does anything after the loss occurs to impair our right to recover. For Property Coverages only, you
may waive your right of recovery in writing before a loss occurs without voiding the coverage.
Page 1 of 2
BP 02 00 06 90 S'"" No 02134
3. If we pay a lossto or on behalf of an insure,. _iid the insured recovers damages from another pe . for the same loss, the insured shall hold
the amount recovered in trust for us and shall reimburse us as provided under Recoveries.
4. We will not subrogate against:
a. any unit owner (including the developer in the developer's capacity as a unit owner);
b. members of the unit owner's household;
c. the condominium association or members of its board of directors for acts or omissions while acting for you.
5. We reserve the right to subrogate against the developer for acts or omissions for which he may be liable in his capacity as a developer.
All other terms, agreements, conditions and provisions remain unchanged.
AMERICAN FAMILY MUTUAL INSURANCE COMPANY
MADISON, WISCONSIN
•
Page 2 of 2
BP 02 00 06 90 Stock No 02134
BUSINESSOWNERS SPECIAL FORM
When Special Form is shown on the declarations page, we insure 4. Faulty Planning, Workmanship or Design. We will not pay for
against direct physical loss or damage to property covered, subject to loss whether on or off the described premises, that is caused by
the exclusions below and the other provisions of this policy. faulty, inadequate or defective:
EXCLUSIONS a. material, workmanship, design or specifications;
We do not insure against loss caused directly or indirectly by any of b. maintenance, repair, construction, renovation or remodeling;
the following: Exclusions 1 through 7 apply regardless of any other c. planning, zoning, development, surveying or siting;
cause or event that contributes to the loss, whether before, during or
after the loss, unless a specific exception is included below. d. grading or compaction.
1. Acts of Persons or Governments. We will not pay for loss: If a loss not otherwise excluded results, we will pay for the
a. arising out of any act committed: resulting loss.
(1) by or at the direction of any insured; and 5. Power Failure. We will not pay for loss or damage caused by or
resulting from the failure of power or other utility service
(2) with the intent to cause a loss. supplied to the described premises if the failure occurs away
b. caused by acts or decisions, including the failure to act or from the described premises.
decide, of any person, group, organization or governmental If a loss not otherwise excluded results, on the described
body. If any resulting loss is not otherwise excluded, we will premises, we will pay for that resulting loss or damage.
pay for the resulting loss. 6. Water Damage. We will not pay for loss or damage caused by or
c. caused by or resulting from seizure or destruction of resulting from:
property by order of governmental authority. We will pay for a. flood, surface water, waves, tides, tidual waves, overflow of
acts of destruction ordered by governmental authority to any body of water, or their spray, all whether wind driven or
prevent the spread of a fire. not;
d. to contraband, or property involved in illegal transportation b. mudslide or mudflow;
or trade.
2. Building Ordinance or Law. We will not pay for loss caused by or c. water or effluent from any source that backs up through a
resulting from the enforcement of any ordinance or law (except sewer or drain; or
for safety glazing) that: d. water regardless of its source below the surface of the
a. regulates the construction, use or repair of any property; or ground pressing on, or flowing or seeping through:
b.. requires the tearing down of any property, including the 1. Foundations, walls, floors or paved surfaces;
cost of removing its debris. 2. Basements, whether paved or not; or
3. Earth Movement. We will not pay for loss caused by, contributed 3. Doors, windows or other openings
to or resulting from: But if glass breakage or loss or damage by fire, explosion or
a. any earth movement (other than sinkhole collapse), such as sprinkler leakage results, we will pay for that resulting Toss.
earthquake, landslide, mine subsidence or earth sinking, This exclusion does not apply to property covered under the
rising or shifting. If glass breakage or loss or damage by fire transit coverage provided by this policy.
or explosion results, we will pay for that resulting loss or
damage. This exclusion does not apply to property covered 7. Weather. Only with respect to losses excluded in 1 through 6
under the transit coverage provided by this policy. above, we will not pay for any loss when weather conditions
Sinkhole collapse means the sudden sinking or collapse of contribute to the event or cause that produces the loss. If a loss
and into underground empty spaces created by the action not otherwise excluded results, we will pay for the resulting loss.
of water on limestone or dolomite. It does not include the Additional Exclusions are:
sinking or collapse of land into man -made underground 8. Accounting Errors. We will not pay for any loss that results from
cavities. We will not pay the cost of filling sinkholes. mistakes or oversights in bookkeeping, accounting or billing.
b. volcanic eruption, explosion or effusion. If loss or damage 9 Collapse. We will not pay for any loss, except as provided in the
by glass breakage, fire or volcanic action (meaning airborne Supplementary Coverage captioned Collapse.
shockwaves; ash, dust or particulate matter; or lava flow)
results, we will pay for that resulting loss or damage. 10. Consequential Loss. Except as may be provided by one or more
All volcanic eruptions that occur within any 168 hour of the Supplementary Coverage, we will not pay for loss caused
A by delay, loss of use or Toss of market, or for indirect loss of any
A vo will volcanic
coer eruptions
a single occurrence. rr withi
kind.
We will not pay to remove ash, dust or particulate matter 11. Credit Sales Loss. We will not pay for any loss that results from
that does not cause direct physical loss to covered property. default on payment by anyone who buys your goods or services.
BP 00 03 05 91 Businessowners Special Form Stock No. 10586
Page I of 2
12. Damage to Property in the Open. We will not pay for loss or b. inherent defect, failure, breakdown or derangement of
damage caused by rain, snow or sleet to business personal machines or machinery.
•
property in the open (except property in the custody of a carrer 0 glass breakage or loss by fire or explosion results, we will pay
for hire). for the resulting loss or damage.
13. Electrical Injury. We will not pay for loss or damage caused by 19. Pollution. We will not pay for loss or damage caused by or
or resulting from artificially generated electric current, including resulting from the release, discharge or dispersal of pollutants
electric arcing, that disturbs electrical devices, appliances or unless the release, discharge or dispersal is itself caused by:
wires. If glass breakage or loss by fire results, we will pay for that
resulting loss. a. fire, lightning, windstorm, hail, explosion, smoke, aircraft,
14. Fraud or Dishonesty. We will not pay for any loss that results vehicles, riot or civil commotion, vandalism, glass breakage,
falling objects, weight of snow, ice or sleet; or
from fraud, dishonesty or a criminal act by you, any of your
partners, employees, directors, trustees, authorized repre- b. leakage from fire extingishing equipment; or
sentatives or anyone to whom you entrust property for any c. water damage, meaning only the sudden and accidental
purpose: discharge or leakage of water or other liquid, powder or
a. acting alone or in collusion with others; or molten material from a system or appliance, but not
b. whether or not occurring during the hours of employment. including continuous or repeated leakage or seepage.
exclusion does not apply to acts of destruction by your 20 Steam Explosion. We will not pay for loss or damage resulting
This exc c
employees, but theft not
employees not covered. from explosion of steam boilers, steam pipes, steam engines or
steam turbines that you own, lease or operate. If glass breakage
15. Installation or Testing. We will not pay for loss or damage or loss by fire or combustion explosion results, we will pay for
resulting from actual work upon, or installation or testing of that resulting loss or damage.
property covered. If glass breakage or loss by fire or explosion 21. Theft from a Vehicle. We will not pay for loss by theft from an
results, we will pay for the resulting loss or damage. open or unlocked vehicle that is left unattended. This exclusion
16. Inventory Shortage. We will not pay for unexplained loss or does not apply to property in the custody of a carrier for hire.
discrepancies, nor loss of property discovered when inventory is 22. Voluntary Parting. We will not pay for any loss that results from
taken. an insured, or another to whom the property was entrusted
17. Leakage or Seepage. We will not pay for loss or damage resulting (except a carrier for hire), voluntarily giving title or possession of
from: covered property to anyone, if induced by trick, fraud or false
a. leakage or overflow from plumbing, heating, air condition- pretense, or in exchange for payment made by bad check or
counterfeit money.
ing, or other equipment or appliances (except fire pro-
tection systems) if due to freezing while the building is 23. Wear and Tear, Deterioration or Defect. We will not pay for loss
vacant or unoccupied. This exclusion does not apply if you or damage caused by:
used reasonable care to keep heat in the building or to shut a. wear and tear, marring or scratching;
off the supply and drain the equipment if heat was not
maintained during a permitted vacancy or unoccupancy. b. deterioration, inherent or latent defect;
b. continuous or repeated seepage or leakage of water or c. rust, corrosion, fungus, wet or dry rot or contamination;
steam from a plumbing, heating or air conditioning system d. dryness or dampness of atmosphere;
or domestic appliance.
If water, other liquids, powder or molten material causes a loss e. changes in or extremes of temperature;
not excluded, we will pay to tear out and replace that part of the f. animals, birds, rodents or vermin, or insects;
covered building as required to make the necessary repairs, but g , frost or condensation;
we will not pay to repair the defect that caused the loss or
damage. We will pay the cost to repair or replace damaged parts h. smog;
of fire extinguishing equipment if the damage results in the i. smoke, vapor or gas from agricultural or industrial
discharge of any substance from an automatic fire protection operations;
system; or is directly caused by freezing.
18. Mechanical Breakdown. We will not pay for loss or damage I settling, cracking, shrinking or expansion.
caused by: If glass breakage or a loss not otherwise excluded results, we will
a. mechanical breakdown, including rupture or bursting pay for the resulting loss or damage.
caused by centrifugal force;
BP 00 03 05 91 Businessowners Special Form Stock No. 10586
Page 2 of 2
COLORADO AMENDATORY ENDORSEMENT
Endorsement to Businessowners Package Policy
This policy is changed as follows:
GENERAL CONDITIONS
1. The Cancelation condition is replaced by the following:
a. You can cancel this policy:
1) By returning it to us or our agent. Your coverage ends at the time you give the policy to us or our agent.
2) By writing to us and telling us of the current or future date when you want coverage to end.
b. If this policy has been in effect less than 60 days, we can cancel this policy by mailingto you at your address shown in the declarations,
or to the last known address, written notice of cancelation at least 45 days (10 days in case of non - payment of premium) before your
coverage ends.
c. If this policy has been in effect for 60 days or more, or is a renewal of a policy issued by us, we can cancel only for one or more of the
following reasons:
1) You fail to pay all premium when due.
2) You or another with your knowledge make statements when applying for this insurance, continuing this policy, or making a claim
under this policy that misrepresent or conceal facts, and the statements are made with the intent to deceive.
3) There is a substantial change in the risk we assumed when this policy was issued, unless we have accepted the change.
We will mail to you at your address shown in the declarations, or to the last known address, written notice of cancelation at least 45 days
(10 days in case of non - payment of premium) before your coverage ends.
Proof of mailing will be sufficient proof of notice.
2. The Non - Renewal condition is replaced by the following:
If we elect not to renew this policy, we will mail to you at your mailing address shown in the declarations, or last known address, written
notice at least 45 days before the end of the policy period. Proof of mailing will be sufficient proof of notice.
We are not required to give notice if we have offered to renew this policy or if you request or agree in writing to non - renewal of this policy
or to accept replacement coverage.
All other terms, agreements, conditions, and provisions remain unchanged.
AMERICAN FAMILY MUTUAL INSURANCE COMPANY
MADISON, WISCONSIN
ID AI At to 7/01 Sled te. 01162
SINESSOWNER
0
S PACKAGE POLICY
This policy is a legal contract between you (the policyholder) and American Family Mutual Insurance Company.
Throughout this policy, the words you and your refer the person(s) or organization shown as the named insured in
the declaration or added by endorsement to this policy. We, us and our refer to the American Family Mutual Insurance
Company. Other words shown in bold face type are defined in the policy. The index shows where to find some
important features in your policy. The policy itself sets forth, in detail, the rights and obligations of you and our
Company. Some provisions restrict coverage. It is important that you read your policy carefully.
INSURING AGREEMENT
We will provide the insurance described in this policy in return for we refer to the policy, we mean this policy booklet, the declarations
your premium payment and compliance with policy provisions. When and any form or endorsement made a part of the policy.
WHAT TO DO IF YOU HAVE A LOSS
1. If property covered under Section I of this policy is lost or 4) Any changes in title or occupancy of the property
damaged by an accident or occurrence that this insurance during the policy term;
might cover, you must:
a. Give us or our agent immediate notice. Include the time 5) es epair the damageding and detailed
and place of the event. Tell us what happened, and give 6) An inventory of damaged personal property, as de-
us the names and addresses of any witnesses.
scribed in d. above;
b. Notify the police if a law may have been broken. 7) Receipts for extra expenses you have had in con -
c. Do everything possible to protect the property from further nection with the loss.
damage. This includes making reasonable, temporary re- 2. If there is an occurrence or offense that may be covered under
pairs. Keep a record of what you spend to do this for Section II which may lead to a claim or suit being made against
consideration in the settlement of the claim. you, you must:
a. Give us, or our agent, immediate notice. Include the time
d. Separate the damaged from the undamaged personal prop-
erty and make separate inventory of each. Your inventory and place of the event. Tell us what happened, and give us
must include how many and what kinds of items, their the names and addresses of injured people and any
actual value, and the amount of your loss. Attach all bills, witnesses.
receipts and documents that substantiate your inventory b. Notify the police if a law may have been broken.
figures.
c. Take all reasonable steps at your expense to prevent
e. Show our representative what is left of both damaged and further injury or damage from arising out of the same or
undamaged property, as often as may be required. similar conditions. This expense will not be repaid by this
f. Allow us to examine your written records, (or certified policy.
copies, if the originals are lost) and permit us to make d. If you or any insured are sued, or someone files a claim
extracts or copies, at a reasonable time and place des- or suit against you, send us the legal documents right
ignated by us or our representative. away. These documents would include demands, notices.
g. Allow us to record your statement and question you under summonses or other process received by you or your
oath about your claim as often as we reasonably require, representative.
e. Authorize us to obtain, or obtain for us at our request,
and require you to sign a copy of your answers. You must
also do all you can to get your employees, members of records and other information.
your household and others with an interest in the property f. Allow us to record your statement and question you under
to do the same. oath about your claim as often as we reasonably require,
1 and require you to sign a copy of your answers. You must
h. Within 60 days after our request, submit to us, or our
representative, a sworn proof of loss. That proof of loss also do all you can to get your employees, members of
must include: your household and others with an interest in the property
1) When, where and how the loss occurred; to do the same.
g. Cooperate with us and assist us in making settlements.
2) Your interest, and the interests of all others, in the h. Do not make an
property. This includes all liens or mortgages on the any payment or accept any financial ob-
property; ligations without our authorization. If you do, we may not
reimburse you, even if the cost is otherwise covered by
3) A listing of all other insurance policies which may this policy. This restriction does not apply to expenses for
1
cover the loss; emergency first aid to others at the time of the accident.
BP 00 00 06 90 Page 1 of 18
Stock No 10602 _
C 4 011 % 1
SECTION I - BUSINESS PROPERTY
This section of the policy provides coverage for real and personal b. Your furniture and trade fixtures;
property described in the declarations and for which a limit of c. Your machinery and equipment. pertaining to your occu-
insurance is shown. See the declarations for the coverages applying pancy of the premises;
to you. d. All other personal property owned by you and used in your
PROPERTY COVERED business, or furnished by you to tenants or guests;
Building(s) e. Labor materials or services furnished or arranged by you
We cover the described building(s) and structure(s). We also cover on personal property of others.
at the same premises your property described below. 2 Personal Property of Others in your care, custody or control
1. Building items, such as: while located in or on the building(s) described in the decla-
a. Fixtures; rations or in the open (or in a vehicle) within 100 feet of the
b. Machinery; or described premises.
c. Equipment; Our payment for loss of or damage to personal property of
attached to and pertaining to the service of the building. othe will only be for the account of the owner of the property.
We will pay no more than the actual cash value of such property.
2. All building glass, including encasing frames, and all lettering
or ornamentation on the glass. We cover the cost of boarding 3. Tenant's Improvements. This means your use interest in fix -
up damaged openings, installing temporary plates and removing tures, alterations, installations or additions which are a per-
manent part of a building you occupy but do not own. These
or replacing obstructions when necessary. Coverage is extended improvements or betterments must have been made or ac-
to include the increased cost when the law requires use of paired at your expense, and not included in your rent, but may
safety glazing material to replace damaged property. We will not be legally removed by you.
pay no more than the minimum cost to replace the damaged
property with a safety glazing material which meets the legal 4. All building glass, including encasing frames, and all lettering
requirement. or ornamentation on the glass, if not covered under Building(s)
Coverage. We cover the cost of boarding up damaged openings,
3. All material and supplies intended for use in construction,
alteration, or repair of the described building(s) within 100 installing temporary plates and removing or replacing obstruc-
feet of the described premises. tions when necessary. Coverage is extended to include the
increased cost when the law requires use of safety glazing in
4. Outdoor furniture and yard fixtures. replacement of damaged property. We will pay no more than
5. Your business personal property which is used for main- the minimum cost to replace the damaged property with a
tenance and service of the described premises. This includes
fire extinguishing equipment, floor and window coverings, and safety glazing material which meets the legal requirement. This coverage is limited to glass you own or are responsible for
appliances used for refrigerating, ventilating, cooking, dish- under the terms of a premises lease agreement.
washing, and laundering; but not furniture or other contents 5 Money or securities. We will pay up to $10,000 or the limit of
you provide as landlord. We also provide coverage for this insurance shown for Section I in the declarations, whichever is
property off the described premises for up to 30 days if less. This coverage applies to loss in or on the described
removal is for the purpose of cleaning, repair, reconstruction or premises or in a bank or savings institution. We will pay up to
restoration, or to protect your property from further damage $5,000 if loss occurs while enroute to or from the described
after a covered loss. premises, a bank or savings institution, or within the living
6. Money or securities. We will pay up to $10,000 or the limit of quarters of the person who has custody of the funds.
insurance shown for Section I in the declarations, whichever is PROPERTY NOT COVERED
less. This coverage applies to loss in or on the described We do not cover the following kinds of property:
0 premises or in a bank or savings institution. We will pay up to
$5,000 if loss occurs while enroute to or from the described 1. Aircraft.
premises, a bank or savings institution, or within the living 2. Cars, trucks, tractors, motorcycles, snowmobiles, recreational
quarters of the person who has custody of the funds. If this motor vehicles or self - propelled equipment or motor vehicles of
policy also insures Business Personal Property, this provision any kind; or
will not apply. a. equipment attached to them; or
Business Personal Property b. trailers, parts or equipment designed for use with them;
We cover the Business Personal Property described below. except when held for sale, service or repair. We cover your
vehicles, equipment and trailers that are not licensed for use
1. Your Business Personal Property (not already included under on public roads and are principally used on the described
the Building(s) coverage) located on or in the building(s) premises for service to the premises.
3.
described in the declarations or in the open (or in a vehicle)
within 100 feet of the described premises. Your Business cpt Watercraft, when including motor service or equipment and r. a c c ere o are two
exceptions:
Personal Property includes:
a. Your stock of merchandise, materials and supplies;
BP 00 00 06 90
Page 2 of 18 Stock No. 10602
Sri
0
a. We do not cover watercraft, including motors, equipment VALUATION OF COVERED PROPERTY
and accessories or property in a watercraft, while in or Loss or damage to covered property (except money or securities)
on water. will be determined on either replacement cost or actual cash value,
b. We cover rowboats and canoes, while out of the water at as shown in the declarations and defined below. Loss to money will
the insured premises whether they are for sale or not. be based on face value. Loss to securities will be based on their
4. Animals, birds and fish, except when held for sale, or sold but value at the close of business on the day the loss was discovered.
not delivered. We insure only against death or destruction as 1. Replacement Cost. When Replacement Cost is the basis for
a direct result of or made necessary by the perils insured valuation:
•
against.
a. We will pay no more than the smaller of:
5. Exterior signs including their structural components, whether (1) the cost to repair or replace the damaged property
or not attached to a building. You may buy this additional at the same site, and for similar use, using new
protection, materials of like kind and quality without deduction
6. Outside antennae, including their lead -in wiring, masts or tow- for depreciation; or
ers, whether or not attached to a building. You may buy this (2) the amount actually and necessarily spent to repair
additional protection. or replace the damaged property.
7. Household or personal property in living quarters occupied by b. Replacement cost does not apply to:
you, your officers, directors, stockholders, partners, or relatives (1) objects of art, antiques or other articles of special
of any of these, except as provided in the Supplementary value which because of rarity, age, history or sen-
Coverages. timent cannot be replaced with new;
8. Household or personal property owned or used by or in the care, (2) used or second hand goods held for sale, service or
custody, or control of employees, tenants or guests, except as repair;
provided in the Supplementary Coverages. (3) electronic media;
9. Valuable papers and records, including those which exist on (4) personal effects, under the Supplementary coverage;
electronic media. We will pay for the cost of blank materials
and media. Valuable papers and records include books of (5) property of others; or
account, bills, deeds, evidence of debts, letters of credit (but (6) tenants' improvements.
not money and securities as covered above), manuscripts, Actual cash value will be the basis of valuation for such
abstracts, drawings, card index systems and other records. property.
10. The cost of excavations, grading, or filling. c. We will not pay on a replacement cost basis until the
11. Foundations that are below the lowest basement floor, or below damaged or destroyed property is repaired or replaced,
ground level if there is no basement. Foundations include those and unless such repair or replacement is made as soon
for boilers, engines and other machinery. as reasonably possible after the loss.
(1) You may make a claim for actual cash value and later
12. Underground flues, pipes, drains, piers or pilings. make a claim on a replacement cost basis, if you tell
13. Piers, docks and wharves, and pilings below the low water us in writing within 180 days after the loss.
mark. (2) If you decide not to repair or replace the property
14. Outdoor swimming pools, beach or diving platforms and ac- at the same site, we will pay your loss on an actual
cessories; fences; bridges, roadways, walks, patios or other cash value basis.
pared surfaces; or retaining walls not a part of a building; 2. Actual Cash Value. When Actual Cash Value is the basis for
unless specifically insured with a limit of insurance shown in valuation:
the declarations.
a. We will pay the smaller of:
15. Outdoor trees, shrubs and plants, except when held for sale (1) the actual cash value at the time of the Toss; or
or sold but not delivered, or to the extent provided in the (2) the cost to repair or replace the damaged property
Supplementary Coverages. with property of like kind and quality.
16. Land (including land on which the property is located), water, b. We will pay for tenants' improvements:
lawns or growing crops, including standing timber.
17. Property (but not property of others) that is more specifically (1) on the basis of actual cash value if they are repaired
or replaced at your expense within a reasonable time
insured in whole or in part by any other policy. But this policy
provides excess insurance on such property after the more (2) on the basis of a portion of original cost, if not repaired
specific coverage is used up. This policy's deductible will apply or replaced within a reasonable time. This portion
to this excess coverage. will be pro rated from the time of installation or
acquisition for the remainder of your lease. We will
18. Property sold on a deferred payment basis after it has been not pay for losses to improvements that are repaired
delivered to the customer. or replaced at another's expense.
BP 00 00 06 90 Page 3 of 18 Stock No. 10602
LIMIT OF INSURANCE (b) any of your expenses that your tenants had
We will not pay more than the limit of insurance for such property agreed to pay; and
as stated in the declarations, plus any additional amount of insur- (c) the rental value of any part of the building that
ance that may be provided by one or more of the Supplementary you occupy;
Coverages. less any expenses that do not continue.
DEDUCTIBLES You must do all you can to reduce the loss. We do not
cover any increase in loss due to your failure to use
From each Toss to covered property, we will first deduct the amount reasonable efforts to resume complete or partial oper-
of the policy deductible shown in the declarations, except as follows: ations. This includes making use of other locations and
a. No deductible applies to: property to reduce the loss.
(1) Arson award. EXTENSIONS. Your Business Income Coverage is extended
(2) Fire Department Service Charge. as follows:
(3) Fire Extinguisher Recharge. (1) Extra Expense. This means the cost you incur to keep
(4) Loss of Business Income Coverage. your business going, during the time it takes to
b. Unless another specific deductible is shown in the declarations restore, repair or replace the damaged or destroyed
for that item, a $250 deductible applies to any loss: property following an insured loss, that is over and
above the normal cost of doing business had no loss
(1) to building glass; occurred.
(2) to exterior signs or outdoor antenna; if one or both of these To the extent that it reduces the amount of loss
optional coverages are elected. otherwise payable under this Loss of Business In-
This deductible will not increase the policy deductible, but will come Coverage, we will pay your extra expense:
be used to satisfy the policy deductible requirement. (a) to avoid or minimize the suspension of your
c. Earthquake Coverage, if elected, is subject to the deductible business operations:
provision of that coverage. (1) at the described premises; or
d. The deductible amount applies only once to all losses resulting (2) at a temporary or replacement premises,
from one occurrence. including:
SUPPLEMENTARY COVERAGES (i) relocation expenses; and
I. These Supplementary Coverages provide additional amounts of (ii) cost to equip and operate the tem
porary or replacement premises;
insurance:
a. Arson Award. We may provide a reward in an amount up (b) to minimize the suspension of your business if
to $5000 for information which leads to an arson con- you cannot continue operations;
viction in connection with a covered fire loss. The (c) to repair or replace any property;
administration of this coverage will be at our discretion. (d) to research, restore or replace the lost informa-
b. Business Income Coverage tion on damaged valuable papers and records;
If your business operations or occupancy are necessarily except those which exist on electronic media.
interrupted because of direct physical loss of or damage Only the Supplementary Coverages apply to
to covered property at the described premises, caused by electronic media.
an insured peril, we will pay your actual loss of business We will only pay extra expense that is over and above
income that occurs within 12 consecutive months fol- the normal cost of doing business had no loss
lowing the date of the direct physical loss or damage. In occurred.
determining the amount of any loss, we will consider the (2) Alterations and New Buildings. We will pay your
experience of your business prior to the loss.
actual loss of business income due to direct physical
Business Income includes: loss or damage to covered property at the described
(1) Earnings. This means premises caused by an insured peril to:
(a) your actual net profit or lass, before taxes; plus (a) additions or alterations to existing buildings or
(b) continuing normal operating expenses; structures;
earned or incurred by your business. We will consider (b) new buildings or structures, whether complete or
payroll continuation and other expenses to the extent under construction; and
necessary to resume your business with the same (c) material and supplies intended for use in the
quality of service that existed before the loss. construction or alteration of the buildings or
(2) Rents. This means structures and incidental to the occupancy.
(a) your actual loss of rental income from your If the direct physical loss or damage delays the start
building as furnished or equipped; and of your operations or occupancy, we will pay your
BP 00 00 06 90 Page 4 of 18 stock No 10602
loss starting from the time you would have begun e. Inflation Protection Coverage. We will increase the limit
your operations or occupancy had no loss occurred. of insurance for Building(s) at the same rate as the
(3) Civil Authority. We will pay your actual loss of busi- increase in the Commercial Building Construction Cost
ness income if access to your premises is specifically Index. This index is identified in your latest declarations
denied by order of a civil authority. The order must be page.
a result of direct physical damage to property in the To determine the amount of insurance on a given date,
immediate vicinity and caused by an insured peril. divide the latest available index by the index level shown
Our payment is limited to two consecutive weeks in your latest declarations. Multiply the resulting factor by
from the date of the order. the limit of insurance for Building(s). At each renewal, we
(4) Extended Business Income. We will pay your actual will correct this limit to the nearest $100 in accordance
loss of business income: with the changes in the Commercial Building Construction
(a) beginning on the date that your property is Cost Index. We will adjust the renewal premium
actually restored, repaired or replaced and you accordingly.
are able to resume your operations or occu We will not reduce the limit of insurance to less than that
panty; and previously specified without your consent.
f. Legal Liability Coverage. We will pay up to $100,000 to
(b) ending on the earlier of: cover damages that you become legally obligated to pay
(i) the date you could restore your business or because of direct physical loss or damage, including loss
occupancy, with reasonable speed, to the of use, caused by an insured peril to real property of
condition that would have existed had no others which you rent, lease or occupy and which is in
loss occurred; or your care, custody or control.
(ii) 30 consecutive days after the date deter- g. Newly Acquired Property. You may apply up to the limit
mined in a. above. of insurance shown for Building(s) but not more than
$100,000, to cover a loss to:
LIMITATIONS AND EXCLUSIONS. (1) new additions, new buildings and new structures,
(1) Electronic Media. We will not pay for loss of business when constructed on the described premises; and
income due to direct physical loss of or damage to
electronic media. (2) any building(s) you acquire at another location.
You may also apply up to the limit of insurance shown for
(2) Leases, Licenses, Contracts or Orders. We will not pay Business Personal Property but not more than $10,000 to
for any increase in loss due to the suspension, lapse cover a loss to covered business personal property at any
or cancelation of leases, licenses, contracts or orders newly acquired location.
unless that loss is a direct result of the interruption
Your new location must be within the coverage territory
of your business or untenantability of the premises.
and your use or occupancy must be similar to that already
(3) Strikes, Protests, Other Interference. We will not pay covered under this policy.
for any increase in loss due to interference by strikers
or others at the location where damaged property is This coverage ceases 30 days from the date construction
being restored, repaired or replaced or with the re- begins or acquisition is made, or on the date you report
sumption of your business. these values to us, or when coverage under this policy
ends, whichever comes first.
LIMIT OF INSURANCE. The most we will pay under this You will be required to pay the additional premium for
coverage is the lesser of: coverages provided from the date of acquisition or the
(1) Your actual loss of business income sustained and date construction begins. This extension does not apply if
extra expense incurred, within 12 consecutive months your new property is covered by other insurance.
of the date of the direct physical loss or damage; or h. Rental Dwelling Coverage. When this policy insures a one -
(2) An amount equal to the actual loss you would sustain or two - family rental dwelling, you may apply up to 10% of
and expense you would incur during the time it would the limit of insurance for the dwelling as additional insur-
take with reasonable speed to rebuild, repair or re- ance to cover:
place the damaged or destroyed property. (1) other private structures on the insured premises not
c. Fire Department Service Charge. When the fire depart- attached to the dwelling and those connected to the
ment is called to save or protect covered property from an dwelling by only a utility line, fence, driveway, side -
insured peril, walk or similar connection;
(1) We will pay up to an aggregate limit of $1,000 per (2) outdoor pools, fences, driveways and sidewalks;
loss for fire department service charges billed by a (3) outdoor antenna, their masts and wiring, but not to
government entity or fire department. exceed $500.
d. Fire Extinguisher Recharge. We will pay the expense you This additional amount of insurance applies to the total of
incur to recharge portable fire extinguishers when they all losses from the same occurrence and not separately to
have been used to combat a covered fire. each item or structure.
BP 00 00 06 90 Page 5 of 18 Stock No. 10602
For the purpose of this coverage, "rental dwelling" means weight of snow, ice or sleet; or water damage, mean -
a building intended for and occupied as a residence for ing only sudden and accidental discharge or leakage
not more than two families. A condominium unit is not of water or steam from a plumbing, heating or air
considered a "rental dwelling" under this supplementary conditioning system or appliance, but not including
coverage. We do not cover structures designed or used for continuous or repeated seepage or leakage;
business or farming under this coverage. (2) hidden decay;
i. Seasonal Variation of Business Personal Property. The (3) hidden insect or vermin damage;
limit of insurance for Business Personal Property shown in (4) weight of contents or people;
the declarations may be automatically increased by 25 (5) weight of rain which collects on a roof; or
percent at the time of a covered loss. This allows for
seasonal increases in the value of your business personal (6) use of defective material or methods in construction,
remodeling, or renovation if the collapse occurs during
property. However, this increase will not apply unless the the course of construction, remodeling or renovation.
limit of insurance shown in the declarations for Business
Personal Property is 100% or more of your average We will not pay for loss to awnings, gutters and down -
monthly values for the 12 months immediately preceding spouts, or yard fixtures when caused by perils (2) through
the date of loss. If you have been in operation less than (6) above, unless the loss is a direct result of the collapse
12 months, the monthly average will be based on the of a building. Even when the property is specifically
period of time you have been in operation. insured under this policy, we will not pay under this
coverage for loss to outdoor signs; outdoor antennas,
j. Personal Property Off Premises. When you have Busi including their lead-in wiring and masts or towers; out
Hess Personal Property in transit or away from the door swimming pools; beach or diving platforms and
described premises as part of your usual business oper accessories; bridges, roadways, walks, patios and other
ations, you may apply up to 10% but not more than $5000 paved surfaces; or retaining walls, caused by perils (2)
of the limit of insurance shown in the declarations for through (6) above, unless the loss is a direct result of the
Business Personal Property to cover loss by an insured collapse of a building.
peril.
Collapse does not include settling, cracking, shrinkage,
This coverage does not apply to: bulging, or expansion.
(1) salesperson's samples; c. Debris Removal. We will pay your expenses to remove the
• (2) property that you rent or lease to others; debris of covered property following an insured loss, sub -
(3) property that is on another's premises for or during ject to the following limitations:
construction or installation; (1) You must report your expenses to us in writing within
(4) property at a newly acquired location. 180 days of the earlier of:
2. These Supplementary Coverages do not provide additional (a) the date of the direct physical loss or damage; or
amounts of insurance: (b) the end of the policy period.
a. Accounts Receivable. You may apply up to $10,000 of the (2) The most we will pay under this coverage is 25% of:
limit of insurance shown in the declarations for Section I (a) the amount we pay for the direct physical loss of
to cover loss of or damage to your records of accounts or damage to the covered property; plus
receivable by an insured peril including: (b) any policy deductible that applies to that loss or
(1) all sums due you from customers, that you are unable damage.
to collect as the direct result of loss to records of (3) This coverage does not apply to costs to:
accounts receivable.
(a) extract Pollutants from land or water, even if
(2) interest charges on any loan to offset impaired col- such Pollutants are covered property; or
lections pending repayment of sums made uncollec-
tible by loss or damage. (b) remove, restore or replace polluted land or water.
(3) collection expenses in excess of normal collection If the sum of the amounts we pay for direct physical loss
costs and made necessary because of loss or damage, or damage and debris removal expense exceeds the Limit
(4) other reasonable expenses you incur to re-establish of Insurance, or if the debris removal expense exceeds the
records of accounts receivable, including those which 25% limitation above, we will pay up to an additional
exist on electronic media, following a loss. $5000 for each location in any one occurrence.
b. Collapse. You may apply up to the limit of insurance shown d. Emergency Removal. We will pay for loss to covered
in the declarations for the property covered to cover direct property while removed from the described premises to
physical loss involving collapse of a building or any part prevent damage by an insured peril. Such property is
of a building caused only by one or more of the following: covered against accidental direct physical loss, except as
(1) f ire; lightning; windstorm; hail; explosion; smoke; air-
excluded under this policy, for up to 30 days.
craft; vehicles; riot; civil commotion; vandalism or e. Lock and Key Replacement. You may apply up to $5000
malicious mischief; breakage of glass; falling objects; of the limit of insurance shown in the declarations to
BP 00 00 06 90 Page 6 of 18 Stock No. 10602
cover your costs, if keys to entrance doors or secured 1. The word "earthquake" is deleted where it appears in the Earth
areas of the insured premises are lost by theft from the Movement exclusion of the Broad Form or Special Form, which -
premises. We will pay the lesser of your actual costs to: ever is attached to this policy.
(1) rekey those locks or 2. If more than one earthquake shock occurs in any 72 hour
(2) replace those locksets with items of like kind and period, those shocks will be considered as one earthquake.
quality. 3. We will not pay for any loss caused by any earthquake shock
The most we will pay is $100 for any one lock, including its that occurs before this coverage is effective, nor for any loss
key(s). that occurs after the policy expires.
f. Outdoor Trees, Shrubs, and Plants. You may apply up to 4. We will not pay for any loss caused by flood, surface water,
$5,000 of the limit of insurance shown in the declarations mudslide, or tidal wave, whether or not the same is caused
for Section I to cover outdoor trees, shrubs and plants, by, resulting from, contributed to or aggravated by earthquake.
except when held for sale or sold but not delivered, on the EARTHQUAKE DEDUCTIBLE. We will pay for a loss only when the loss
insured premises. We will pay only for direct loss caused exceeds 2% of the value of the property, and then only for the
by fire, lightning, explosion, riot, civil commotion, or air- amount over 2 %. The value is determined as described in the
craft. The most we will pay is $500 on any one tree, shrub Valuation of Property provision of this policy. This deductible applies
or plant, including expenses incurred for removing the separately to Building(s) and Business Personal Property, and sep-
debris. arately to each building, the contents of each budding, and to
g. Personal Effects. You may apply up to $5,000 of the limit property in the open at each premises.
of insurance shown in the declarations for Section I to This coverage does not increase the limits of insurance under this
cover direct loss caused by an insured peril to personal policy.
effects on the insured premises belonging to you, your Exterior Sign Coverage
officers, partners, or employees. The most we will pay is
$250 for property of any one person. We cover loss to exterior signs (and their structural components)
relating to your business only when a limit of insurance for this
h. Pollutant Cleanup and Removal. You may apply up to
$10,000 of the Limit of Insurance shown in the declara coverage is shown in the declarations. We insure against loss by an
tions for Section I to cover your expense to extract Pol insured peril to signs you own, or have in your care, custody or
lutants or covered property which becomes a pollutant control. We do not cover vehicle mounted or mobile signs or in
from land or water at the described premises, if: flatable or airborne signs.
(1) the release, discharge or dispersal of the Pollutants Outdoor Antenna Coverage
is caused by or results from an insured peril during We cover loss to outdoor antennae their lead -in wiring, masts or
the policy period; and towers, only when a limit of insurance for this coverage is shown in
(2) you report your expenses to us in writing within 180
days of the earlier of:
(a) the date of the direct physical loss; or
(b) the end of the policy period.
i. Valuable Papers and Records. You may apply up to
$10,000 of the limit of insurance shown in the declara-
the declarations. We insure against loss by an insured peril to
antennae you own, or have in your care, custody or control. We do
not cover antennae mounted on vehicles or mobile equipment.
CONDITIONS SECTION I
1. Abandoned Property. You may not abandon property to us
unless we specifically agree to it.
tions for Section 1 to cover direct loss by an insured peril
to valuable papers and records. We define valuable 2. Adjustment and Payment of Loss. Loss under Section I of this
papers and records to mean books of account, bills, deeds, policy will not reduce the limits of insurance available for a
evidence of debts, letters of credit, manuscripts, ab subsequent loss. We will adjust your property losses with you.
stracts, drawings, card index systems and other records, We will pay you unless some other party is named in the policy
including those which exist on electronic media. and is legally entitled to receive payment. Loss will be payable
60 days after we receive your proof of loss and either:
You may apply this extension to your costs to research,
replace or restore the lost information on lost or damaged a. we reach agreement with you; or
valuable papers and records. b. there is an entry of a final judgement; or
PERILS INSURED AGAINST c. there is a filing of an arbitration award with us.
The perils that we insure against are on separate pages attached to We reserve the right to adjust any loss to property of others
this policy. Your coverage is shown in the declarations. with the owners of the property, and to pay them,
ADDITIONAL PROTECTION YOU MAY BUY 3. Appraisal. If we fail to agree with you on the amount of loss,
Earthquake Coverage either you or we can demand that the amount of the loss be
set by appraisal. If either makes a written demand for appraisal,
When this coverage is shown in the declarations, we will pay for each shall select a competent, independent appraiser and notify
direct loss to covered property by earthquake. This coverage is the other of the appraiser's identity within 20 days of receipt
subject to all policy conditions, and also as follows: of the written demand. The two appraisers shall then select a
BP 00 00 06 90 Page 7 of 18 Stock No 70602
I
competent, impartial umpire. If the two appraisers are unable (1) we are subrogated to the rights of the mortgagee
to agree upon an umpire within 15 days, you or we can ask granted under the mortgage on the property; or
a judge of a court of record in the state where the described (2) at our option, we may pay to the mortgagee the whole
premises is located to select an umpire. The appraisers shall principal on the mortgage plus any accrued interest. L
then set the amount of the loss. If the appraisers submit a In this event, we shall receive a full assignment and
written report of an agreement to us, the amount agreed upon transfer of the mortgage and all securities held as
shall be the amount of the loss. If the appraisers fail to agree collateral to the mortgage debt.
within a reasonable time, they shall submit their differences Subrogation shall not impair the right of the mortgagee to
to the umpire. Written agreement signed by any two of these recover the full amount of the mortgagee's claim.
three shall set the amount of the loss. Each appraiser shall be 10. Other insurance. We will pay only that part of any loss that
paid by the party selecting that appraiser. Other expenses of exceeds the amount paid or payable under any other valid and
the appraisal and the.compensation of the umpire shall be paid collectible insurance. This condition does not apply to property
equally by you and us. of others covered by this policy.
4. Benefit to Others. This insurance shall not directly or indirectly 11. Our Options. We may make a cash settlement and take all or
benefit anyone who has custody of your property as carrier or part of the damaged property at its appraised or agreed on
bailee. value, or repair or replace the damaged property with property
5. Business Records. You must keep records of your property in of equivalent kind and quality. We must give you notice of our
such a way that we can accurately determine the amount of intention within 30 days after we receive your proof of loss.
any loss. 12. Permission Granted to You. Our payment for loss or damage to
6. Control of Property. Coverage under this policy is not affected property insured will not be reduced if:
by any act or neglect beyond your control. a. you make alterations, additions and repairs to your building
and complete structures under construction.
7. Coverage Territory. We cover only losses that occur in the b. the described premises is unoccupied in the usual course
United States of America, its territories and possessions, Puerto of your business. We will not pay for any loss that occurs
Rico and Canada. while the building is vacant beyond 60 consecutive days
8. Machinery, Labels, and Pair, Set, or Parts Clause. In the if that loss is caused by any of the following:
event of loss of or damage to: (1) glass breakage;
a. machinery which consists of several parts, we will pay for (2) sprinkler leakage, unless you have used reasonable
the parts actually lost or damaged. care to keep the system in proper operation;
b. any article or articles which are part of a pair or set, we (3) water damage, leakage or seepage; or
may repair or replace any part of the pair or set to restore (4) vandalism, theft or attempted theft.
it to its value before the loss, or we may pay the difference A building is vacant when it does not contain enough
between the value of the property before and after the business personal property to conduct customary
loss. operations.
c. labels, capsules, or wrappers, we will pay for new labels, A building under construction is not considered vacant.
capsules or wrappers.
c. you change your use or occupancy of the insured premises.
9. Mortgage Clause. The word "mortgagee" includes trustee If a change is likely to increase your chance of loss, we
under a trust deed or a contract seller under a land contract. must be notified within 30 days.
a. If a mortgagee is named in this policy, any loss payable This provision does not affect our right to cancel or non -renew
on buildings shall be paid to the mortgagee and you, as this policy.
interests appear. If more than one mortgagee is named, 13. Protective Safeguards. If the declarations shows that your
the order of payment shall be the same as the order of property is protected by a sprinkler system, or anti -theft de-
precedence of the mortgages. vice(s), such safeguard(s) must be maintained. Failure to do so
b. If we deny your claim, that denial shall not apply to a will suspend your coverage at the affected location as long as
valid claim of the mortgagee, if the mortgagee: the system or device is not in service.
(1) notifies us of any change in ownership, occupancy 14. Suit Against Us. We may not be sued unless there is full
or substantial change in risk of which the mortgagee compliance with all the terms of this policy. Suit must be
is aware; and brought within one year after you first have knowledge the loss
(2) pays any premium due under this policy on demand if or damage occurs.
you have neglected to pay the premium. 15. Transportation Clause. You may not release any carrier from
c. If we cancel this policy, as to only the interest of a its common law or statutory liability, but you may accept bills
mortgagee declared in this policy, this insurance shall of lading or contracts of transportation ordinarily used by
terminate only if we give such mortgagee at least 10 days carriers to limit the value of goods or merchandise carried.
written notice of termination. We will pay general average and salvage charges that you
d. If we pay the mortgagee for any loss and deny payment become liable for under the transportation coverage provision
to you: of this policy.
BP 00 00 06 90 Page 8 of 18 Stock No 10602
SECTION I DEFINITIONS
1. Money means: but not including money.
a. currency, coins and bank notes in current use and having 3. Pollutants means any solid, liquid, gaseous or thermal irritant
a face value and or contaminant, including smoke, vapor, soot, fumes, acids,
b. travelers' checks, register checks and money orders held alkalis, chemicals and waste. Waste includes material to be
for sale to the public. recycled, reconditioned or reclaimed.
2. Securities means negotiable and non - negotiable instruments 4. Electronic media means:
or contracts representing money or other property, including: a. film, tape, disc, drum, cell and other magnetic recording
a. tokens, tickets, postal and revenue stamps (whether ac- or storage media used for electronic data processing,
tual stamps or unused value on a meter) in current use; including commercially available pre - packaged programs;
and b. Data stored on such media; and
b. evidences of debt issued in connection with credit or c. Programming records used for electronic data processing
charge cards, which cards are not issued by you; or electronically controlled equipment.
SECTION II - BUSINESS LIABILITY AND MEDICAL PAYMENTS INSURANCE
This section of the policy protects you and your business against b. CONTRACTUAL LIABILITY. We will not pay for damages
claims that result from injury to others, or damage to others' due to bodily injury or property damage for which the
property. Some words and phrases in this section appear in bold insured is obligated to pay damages by reason of the
type. They have special meaning and are explained under DEFI- assumption of liability in a contract or agreement. This
NITIONS -- SECTION II. The word insured means any person or exclusion does not apply to liability for damages:
organization qualifying as such under WHO IS AN INSURED.
�uuEfiAGL A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (1) assumed in a contract or agreement that is an in-
sured contract provided the bodily injury or prop -
1. Insuring Agreement. We will pay those sums that the insured erty damage occurs subsequent to the execution of
becomes legally obligated to pay as damages because of the contract or agreement; or
bodily injury or property damage to which this insurance (2) that the insured would have in the absence of the
applies. We will have the right and duty to defend any suit contract or agreement.
seeking those damages. We may at our discretion investigate c. LIQUOR LIABILITY. We will not pay for damages due to
the circumstances of a possible or actual occurrence and bodily injury or property damage for which any insured
settle any claim or suit that may result. But: may be held liable by reason of:
a. The amount we will pay for damages is limited as set (1) causing or contributing to the intoxication of any
forth in Limits of Insurance. person;
b. Our right and duty to defend ends when we have used up (2) the furnishing of alcoholic beverages to a person under
the applicable limit of insurance in the payment of judge- the legal drinking age or under the influence of al-
ments or settlements under Coverages A or B, or medical cohol; or
expenses under Coverage C.
(3) any statute, ordinance or regulation relating to the
c. The bodily injury or property damage must arise from an sale, gift, distribution or use of alcoholic beverages.
occurrence during the policy period and in the coverage
territory. This exclusion applies only if you:
Damages because of bodily injury include damages for care, ( are in business to manufacture, sell or distribute
loss of services or death resulting at any time from the bodily alcoholic beverages or
injury. Property damage that is loss of use of tangible property (2) serve or furnish alcoholic beverages for a charge
that is not physically injured shall be deemed to occur at the whether or not such activity:
time of the occurrence that caused it. (a) requires a license
2. Exclusions. This insurance does not apply to: (b) is for the purpose of financial gain or livelihood;
a. INTENTIONAL INJURY. We will not pay for damages due to or
bodily injury or property damage: (3) serve or furnish alcoholic beverages without a
(1) expected or intended from the standpoint of the in- if a license is required for such activity.
sured. This exclusion does not apply to bodily injury d. WORKERS COMPENSATION. We do not cover any obligation
resulting from the use of reasonable force to protect
persons or property.
of the insured under a workers compensation, disability
benefits or unemployment compensation law or any Simi
(2) arising out of sexual molestation, corporal pun-
ishment or physical or mental abuse inflicted upon
lar law.
e. EMPLOYERS LIABILITY. We will not pay for damages aris-
any person by or at the direction of an insured. ing from bodily injury for which the insured may be held
Includes copyrighted material of Insurance Services Office, with its permission.
Copyright Insurance Services Office, Inc., 1982, 1988.
BP 00 00 06 90 Page 9 of 18
Stock No. 10602
liable as an employer or in any utter capacity, or because or fume rrom a hostile fire. In this exclusion, hostile
of any obligation to share damages with or repay someone fire means one which becomes uncontrollable or
else who must pay damages, because of the injury to: breaks out from where it was intended to be.
(1) an employee of the insured arising out of and in the (2) We will not pay any loss, cost or expense arising out
course of employment by the Insured; or of any:
(2) the spouse, child, parent, brother or sister of that (a) request, demand or order that any insured or
employee as a consequence of (1) above. others test for, monitor, clean up, remove, con-
tain, treat, detoxify or neutralize, or in any way
This exclusion does not apply to liability assumed by the respond to or assess the effects of pollutants; or
insured under an insured contract.
f. EMPLOYMENT PRACTICES. We will not pay for bodily injury (b) claim or suit by or on behalf of a governmental
authority for damages because of testing for,
for which the insured may be held liable as an employer or monitoring, cleaning up, removing, containing,
in any other capacity, or because of any obligation to treating, detoxifying or neutralizing or in any
share damages with or to repay someone else who must way responding to or assessing the effects of
pay damages because of injury arising out of any: pollutants.
(1) refusal to employ; Pollutants means any solid, liquid, gaseous or thermal
(2) termination of employment; irritant or contaminant, including smoke, vapor, soot,
(3) coercion, demotion, evaluation, reassignment, dis- fumes, acids, alkalis, chemicals and waste. Waste in-
cipline, defamation, harassment, humiliation, dis- cludes materials to be recycled, reconditioned or
crimination or other employment - related practices, reclaimed.
policies, acts or omissions; or h. AIRCRAFT, AUTO OR WATERCRAFT LIABILITY. We will not
(4) consequential bodily injury as a result of (1), (2) or pay for damages due to bodily injury or property damage
(3) above. that arises out of the ownership, maintenance, use or
g. POLLUTION. entrustment to others of any aircraft, auto or watercraft
(1) We will not pay for bodily injury or property damage owned or operated by or rented or loaned to any insured.
arising out of the actual, alleged or threatened dis- Use includes operation and loading or unloading.
charge, dispersal, seepage, migration, release or es- This exclusion does not apply to:
cape of pollutants: (1) a watercraft while ashore on premises you own or
(a) at or from any premises, site or location which is rent;
or was at any time owned or occupied by, or (2) a watercraft you do not own that is:
rented or loaned to, any insured; (a) less than 26 feet long; and
(b) at or from any premises, site or location which is (b) not being used to carry persons or property for
or was at any time used by or for any insured or a charge;
others for the handling, storage, disposal, pro-
cessing or treatment of waste; (3) parking an auto on or next to premises you own or
rent, provided the auto is not owned by or rented or
(c) which are or were at any time transported, loaned to you or any insured; or
handled, stored, treated, disposed of, or pro-
cessed as waste by or for any insured or any (4) liability assumed under any insured contract for the
person for whom you may be legally responsible; ownership, maintenance or use of aircraft or water -
or craft.
(d) at or from any premises, site or location on (5) bodily Injury or property damage arising out of the
which any insured or any contractors or sub- operation of any of the equipment listed in paragraph
contractors working directly or indirectly on any f. (2) or f. (3) of the definition of mobile equipment.
insured's behalf are performing operations: i. MOBILE EQUIPMENT. We will not pay for damages due to
(i) If the pollutants are brought on or to the bodily injury or property damage arising out of:
premises, site or location in connection
with such operations by such insured, con- (1) the transportation of mobile equipment by an auto
owned or operated by or rented or loaned to any
tractor or subcontractor; or
insured; or
(ii) if the operations are to test for, monitor,
clean up, remove, contain, treat, detoxify or (2) the use of mobile equipment in, or while in practice
neutralize, or in any way respond to or or preparation for a prearranged racing, speed or
assess the effects of pollutants. demolition contest or in any stunting activity.
Subparagraphs (a) and (d) (i) do not apply to bodily j. PROFESSIONAL LIABILITY. We will not pay for damages
injury or property damage rising out of heat, smoke due to bodily injury or property damage arising out of the
m,
Includes copyrighted material of Insurance Services Office, with its permission.
Copyright Insurance Services Office, Inc., 1982, 1988.
BP 00 00 06 90 Page 10 of 18 Stock No 10602
rendering of or the failure to renu.,, professional services This exclusio„ does not apply if the damaged work or the
by any insured, who is a(n): work out of which the damage arises was performed on
(1) physician, surgeon or dentist; your behalf by a subcontractor.
(2) optician or optometrist; n. IMPAIRED PROPERTY. We will not pay for damages due to
(3) druggist or pharmacist; property damage to impaired property or property that
(4) nurse or X -ray or medical technician; has not been physically injured, arising out of:
(5) health care practitioner of any kind; (1) a defect, deficiency, inadequacy or dangerous con-
dition in your product or your work; or
(6) veterinarian;
(2) a delay or failure by you or anyone acting on your
(7) architect or engineer; behalf to perform a contract or agreement in ac-
(8) attorney, accountant, or fiduciary; cordance with its terms.
(9) insurance agent or real astate agent; This exclusion does not apply to the loss of use of other
(10) barber, beautician or cosmetologist; property arising out of sudden and accidental physical
injury to your product or your work after it has been put
(11) mortician or funeral dirt:ctor; to its intended use.
(12) clergyman or clergywoman; o. LOSS OF USE /PRODUCT RECALL. We will not pay damages
rti+ (13) psychologist or social viorkel; claimed for any loss, cost, or expense incurred by you or
others for the loss of use, withdrawal, recall, inspection,
(14) counselor or consultant repair, replacement, adjustment, removal or disposal of:
except as provided by endorsement for particular profes-
(1) your product;
sionals.
k. PROPERTY OWNED OR COhTROLLE). We will not pay for (2) your work; or
damages due to property damage to: (3) impaired property;
(1) property you own, ;ent, or occupy; if such product, work, or property is withdrawn or recalled
(2) premises you sell, give away or abandon, if the prop- from the market or from use by any person or organization
p p because of a known or suspected defect, deficiency, in-
erty damage arises out of any pert of those premises; adequacy or dangerous condition in it.
(3) property loaned to you p. PUNITIVE DAMAGES. We will not pay for punitive or exem-
(4) personal property in the care, custody or control of plary damages.
the insured;
(5) that particular part of real properly on which you or 3. Coverage Extension. (Non -Owned Auto, including hired auto.)
any contractor or subcontractor working directly or Coverage A applies to bodily injury and property damage arising
indirectly on your behalf is performing operations, if out of the use of any non -owned auto in your business by a
the property damage arises out of those operations; person other than you. Use includes operation and loading or
or unloading.
(6) that particular part of any property that must be WHO IS AN INSURED. For this coverage extension only:
restored, repaired or replaced because your work was a. If you are shown in the declarations as:
incorrectly performed on it.
(1) an individual, you are an insured, but only with
Paragraph (2) of this exclusion does not apply if the respect to the conduct of a business of which you are
premises are your work and were never occupied, rented the sole owner.
or held for rental by you. F
(2) a partnership or corporation, you are an insured. Your
Paragraphs (3), (4), (5), and (6) of this exclusion do not partners and executive officers are also insureds, but
apply to liability assumed under a written sidetrack agree- only while such non -owned auto is being used in
ment.
your business.
Paragraph (6) of this exclusion does not apply to property b. Any other person or organization is also an insured, but
damage included in the products - completed operations only with respect to his or her or its liability because of
hazard. an act or omission of an insured under a. above.
I. YOUR PRODUCT. We will not pay for damages due to c. None of the following is an insured:
property damage to your product arising out of it or an
part of it. any (1) any person engaged in the business of his or her
employer with respect to bodily injury to any fellow
m. YOUR WORK. We will not pay for damages due to
property employee of such person injured in the course of his
damage to your work arising out of it or any part of it and or her employment;
included in the products - completed operation hazard. (2) any partner or executive officer with respect to an
Includes copyrighted material of Insurance Services Office, with its permission.
Copyright Insurance Services Office, Inc., 1982, 1988.
BP 00 00 06 90 Page 1 1 of 18
Stock No 10502
auto owned by such partner ur officer or a member This exclusion applies whether the insured may be held
of his or her household; liable as an employer or in any other capacity and to any
(3) any person while employed in or otherwise engaged obligation to share damages with or repay someone else
who must pay damages because of the injury.
in duties in connection with an auto business, other b. Advertising injury arising out of:
than an auto business that you operate;
(4) the owner of a non -owned auto or any agent or (1) breach of contract, other than misappropriation of
employee of any such owner or lessee. advertising ideas under an implied contract;
EXCLUSIONS. The Coverage A Exclusions also apply to this (2) the failure of goods, products or services to conform
coverage extension except that Exclusion h. AIRCRAFT, AUTO OR with advertised quality or performance;
WATERCRAFT LIABILITY is amended to permit coverage under (3) the wrong description of the price of goods, products
this extension for Non -Owned Auto. or services; or
We will not pay under this extension for bodily injury or property (4) an offense committed by an insured whose business
damage arising out of the ownership, maintenance, operation is advertising, broadcasting, publishing or tele-
or use of any non -owned automobile used in the conduct of casting.
any partnership or joint venture not named in the declarations. c. Personal injury or advertising injury:
COVERAGE B. PERSONAL INJURY AND ADVERTISING INJURY (1) arising out of oral or written publication of material,
LIABILITY if done by or at the direction of the insured with
1. Insuring Agreement. We will pay those sums that the insured knowledge of its falsity;
becomes legally obligated to pay as damages because of per (2) arising cut of oral or written publication of material
whose frst publication took place before the begin
Wing of the policy period;
(3) arising out of the willful violation of a penal statute
sonal injury or advertising injury to which this insurance applies.
The personal injury or advertising injury must be caused by
an offense committed during the policy period and in the
coverage territory. We have the right and duty to defend any or ordnance committed by or with the consent of
suit seeking those damages. But: the inaired; or
a. the amount we will pay for damages is limited as described (4) for whch the insured has assumed liability in a con
in Limits of Insurance. tract cr agreement. This exclusion (4) does not apply
b. we may investigate and settle any claim or suit at our to liability for damages that the insured would have
discretion. in the absence of the contract or agreement.
c. our right and duty to defend ends when we have used up (5) arisi.ig out of rEndering of or failure to render profes-
the applicable limit of insurance in the payment of judg- sional services by any insured excluded under Exclu-
ments or settlements. sion 2. j. PROFESSIONAL LIABILITY of Coverage A.
d. this insurance applies to personal injury only if caused by COVERAGE C. MEDICAL PAYMENTS
an offense arising out of the conduct of your business
excluding advertising, publishing, broadcasting or tele- 1. Insuring Agreement. We will pay medical expenses as described
casting done by or for you. below for bodily injury caused by an accident.
e. this insurance applies to advertising injury only if caused a. The accident muss take place in the coverage territory
by an offense committed in the course of advertising your during the policy period:
goods, products or services. (1) on premises you own or rent;
2. Exclusions, This insurance does not apply to: (2) on ways next to premises you own or rent; or
a. Personal Injury: (3) because of your operations.
(1) to an employee of the insured arising out of and in
b. We will pay reasonable expenses for:
the course of employment by the insured; or (1) first aid at the time of the accident;
(2) arising out of any: (2) necessary medical, surgical, x -ray and dental services,
(a) refusal to employ; including prosthetic devices; and
(b) termination of Employment; (3) necessary ambulance, hospital, professional nursing
(c) coercion, demotion, evaluation, reassignment, and funeral services.
discipline, defamation, harassment, humili c We will make these payments regardless of fault, provided:
ation, discrimination, or other employment -
related practices, policies, acts or omissions; or (1) the expenses are incurred and reported to us within
one year of the date of the accident; and
(d) consequential personal injury as a result of (a), (2) the injured person submits to examination, at our
(b) or (c) above.
Includes copyrighted material of Insurance Services Office, with its permission.
Copyright Insurance Services Office, Inc., 1982, 1988.
Page 12 of 18 Slot No 1(1602
BP 00 00 06 90 "
expense, by physicians of our choice as often as we c. an organization other than a partnership or joint venture,
reasonably require. you are an insured. Your executive officers and directors
d. These payments will not exceed the applicable limit of are insureds, but only with respect to their duties as your
insurance.
officers or directors. Your stockholders are also insureds
but only with respect to their liability as stockholders.
2. Exclusions. We will not pay expenses for bodily injury:
2. Each of the following is also an insured:
a. to any insured.
a. your employees, other than your executive officers, but
b. to a person hired to do work for or on behalf of any only for acts within the scope of their employment by
insured or a tenant of any insured. you. However, none of these employees is an insured for:
c. to a person injured on that part of premises you own or (1) Bodily injury or personal injury to you or to a co-
rent that the person normally occupies. employee while in the course of his or her employ -
d. to a person, whether or not an employee of any insured, ment, or to the spouse, child, parent, brother or sister
if benefits for the bodily injury are payable or must be of that co- employee as a consequence of such bodily
provided under a workers compensation or disability ben- injury or personal injury, or for any obligation to
efits law or a similar law. share damages with or repay someone else who must
e. to a person injured while taking part in athletics. pay damages because of the injury;
f. included within the products - completed operations hazard. (2) bodily injury or personal injury arising out of his or
her providing or failing to provide professional health
g. excluded under Coverage A.
care services; or
SUPPLEMENTARY PAYMENTS — COVERAGES A AND B (3) property damage to property owned or occupied by
We will pay, with respect to any claim or suit we defend: or rented or loaned to that employee, any of your
other employees or any of your partners or members
1. all expenses we incur. (if you are a partnership or joint venture).
2. up to $250 for cost of bail bonds required because of accident b. any person (other than your employee), or any organi-
or traffic law violations arising out of the use of any vehicle zation, while acting as your real estate manager.
to which the Bodily Injury Liability Coverage applies. We do c. any person or organization having proper temporary cu> -
not have to furnish these bonds.
tody of your property if you die, but only:
3. the cost of bonds to release attachments, but only for bond
amounts within the applicable limit of insurance. We do not (1) with respect to liability arising out of the maintenance
have to furnish these bonds. or use of that property; and
4. all reasonable expenses incurred by the insured at our request, (2) until your legal representative has been appointed.
including actual loss of earnings up to $100 a day because of d. your legal representative if you die, but only with respect
time off from work. to duties as such. That representative will have all your
5. all costs taxed against the insured in the suit. rights and duties under this section of this policy.
6. pre - judgment interest awarded against the insured on that part 3. With respect to mobile equipment registered in your name
of the judgment we pay. If we make an offer to pay the under any motor vehicle registration law, any person is an
applicable limit of insurance, we will not pay any pre - judgment insured while driving such equipment along a public highway
interest based on that period of time after the offer. with your permission. Any other person or organization re-
sponsible for the conduct of such person is also an insured,
7. all interest on the full amount of any judgment that accrues but only with respect to liability arising out of the operation
after entry of the judgment and before we have paid, offered to of the equipment, and only if no other insurance of any kind
pay, or deposited in court the part of the judgment that is is available to that person or organization for this liability.
within the applicable limit of insurance. However, no person or organization is an insured with respect
These payments will not reduce the limit of insurance. to:
a. bodily injury to a co- employee of the person driving the
WHO IS AN INSURED equipment; or
1. If you are shown in the declarations as: b. property damage to property owned by, rented to, in the .
a. an individual, you and your spouse are insureds, but only charge of or occupied by you or the employer of any person
with respect to the conduct of a business of which you who is an insured under this provision.
are the sole owner. 4. Any organization you newly acquire or form, other than a
b. a partnership or joint venture, you are an insured. Your partnership or joint venture, and over which you maintain
members, your partners, and their spouses are also in- ownership or majority interest, will be deemed to be a named
sureds, but only with respect to the conduct of your insured if there is no other similar insurance available to that
business. organization. But:
Includes copyrighted material of Insurance Services Office, with its permission.
Copyright Insurance Services Office, Inc., 1982, 1988.
BP 00 00 06 90 Page 13 of 18 Stock No 10602
1
a. coverage under this provision is afforded only until the b. to sue us oil this Section of this policy unless all of its
90th day after you acquire or form the organization or terms have been fully complied with.
the end of the policy period, whichever is earlier; A person or organization may sue us to recover on an agreed
b. Coverage A. does not apply to bodily injury or property settlement or on a final judgment against an insured obtained
damage that occurred before you acquired or formed the after an actual trial; but we will not be liable for damages that
organization; and are not payable under the terms of this Section or that are in
c. Coverage B. does not apply to personal injury or advertising excess of the applicable limit of insurance. An agreed settlement
injury arising out of an offense committed before you means a settlement and release of liability signed by us, the
acquired or formed the organization. insured and the claimant or the claimant's legal representative.
No person or organization is an insured with respect to the 3. Other Insurance. If other valid and collectible insurance is
conduct of any current or past partnership or joint venture available to the insured for a loss we cover under Coverages
that is not shown as a named insured in the declarations. A or B our obligations are limited as follows.
LIMITS OF INSURANCE a. This insurance is primary except when b. below applies.
1. Subject to the provisions below, the Limits of Insurance shown If this insurance is primary, our obligations are not affected
in the declarations for Section II are the most we will pay unless any of the other insurance is also primary. Then,
regardless of the number of we will share with all that other insurance by the method
a. Insureds;
described in d. below.
b. This insurance is excess over any of the other insurance,
b. Claims made or suits brought; or whether primary, excess, contingent or on any other basis:
c. Persons or organizations making claims or bringing suits.
(1) that is Fire, Extended Coverage, Builder's Risk, In-
2. The Occurrence limit shown is the most we will pay for the sum stallation Risk or similar coverage for your work.
of all damages because of:
a. Bodily injury or property damage under Coverage A and ( that is Fire insurance for premises rented to you; or
medical expenses under Coverage C arising out of any one (3) if the loss arises out of the maintenance or use of
occurrence. But the most we will pay for all medical aircraft, autos, non -owned autos, or watercraft to the
expenses for any one person for bodily injury sustained in extent not subject to Exclusion h. or as provided in
any one occurrence is the Medical Expense Limit shown Coverage Extension Non owned Auto of Coverage A.
in the declarations. c. When this insurance is excess:
b. Personal injury or advertising injury under Coverage B (1) we will have no duty under Coverage A or B to defend
sustained by any one person or organization. any claim or suit that any other insurer has a duty
c. Bodily injury or property damage arising out of all to defend. If no other insurer defends, we will un-
occurrences during the policy period that are covered dertake to do so, but we will be entitled to all the
under the products - completed operations hazard. insured's rights against all those other insurers.
3. Subject to the Occurrence Limit provisions above, the Aggre- (2) we will pay only our share of the amount of the loss,
gate limit shown is the most we will pay for the sum of all if any, that exceeds the sum of:
damages during the policy period because of: (a) The total amount that all such other insurance
a. Bodily injury and property damage under Coverage A; would pay for the loss in absence of this insur-
and
ante; and
b. Personal injury and advertising injury under Coverage B; (b) The total of all deductible and self- insured
and amounts under all that other insurance.
c. Medical expense under Coverage C. We will share the remaining loss, if any, with any other
The Aggregate Limit applies separately to each consecutive insurance that is not described in part b. above and was
policy period. not bought specifically to apply in excess of the limits of
insurance shown in the declarations of this policy.
CONDITIONS — SECTION II
d. If all of the other insurance permits contribution by equal
1. Bankruptcy. Bankruptcy or insolvency of the insured or of the shares, we will follow this method also. Under this ap-
insured's estate will not relieve us or our obligations under proach each insurer contributes equal amounts until each
this policy. has paid its applicable limit of insurance or none of the
2. Legal Action Against Us. No person or organization has a right loss remains, whichever comes first.
under this section of this policy: If any of the other insurance does not permit contribution
a. to join us as a party or otherwise bring us into a suit by equal shares, we will contribute by limits. Under this
asking for damages from an insured; or method, each insurer's share is based on the ratio of its
Includes copyrighted material of Insurance Services Office, with its permission.
Copyright Insurance Services Office, Inc., 1982, 1988.
BP 00 00 06 90 Page 14 of 18 Stock No. 10602
applicable limit of insurance to the total applicable limits 5. Bodily injury means bodily harm, sickness, or disease sus -
of insurance of all insurers. tained by a person, including death resulting from any of these
e. If the insured has other insurance with us that covers a at any time.
loss also covered under this policy, except insurance in-
tended to apply in excess of the limit of insurance of this 6. Coverage Territory means:
policy, any claim made under the other policy shall prohibit a. the United States of America, its territories and posses -
recovery under this policy for damages arising from the sions, Puerto Rico and Canada.
same occurrence or offense. b. international waters or airspace, provided injury or damage
4. Separation of Named Insureds. Except with respect to the limit does not occur in the course of travel or transportation
of insurance, this insurance applies: to or from any place not included in a. above.
C. anywhere in the world, if injury or damage arises out of:
a. as if each named insured were the only named insured;
and (1) Goods or products made or sold by you in the area
b. separately to each insured against whom claim is made included in a. above; or
or suit is brought. (2) The conduct of a person whose home is within the
5. Special Condition. If you are a real estate sales and /or real area included in a. above, but who is away for a short
estate management business we will only cover damage arising time on your business;
out of the ownership, maintenance or use of: and only if the insured's responsibility to pay damages is
a. that part of any premises used by any insured for general determined in a suit on the merits in the area included
office purposes, and in a. above, or in a settlement we agree to.
b. premises listed with you for sale or rental. However, these 7. Impaired Property means tangible property, other than your
premises may not be: product or your work:
(1) owned, operated, managad by, or rented to you, or a. that cannot be used or is less useful because:
in your care, ce,tody or control; or
(1) it incorporates your product or your work that is
(2) those for whLh you act as agent for collection of known to be defective, deficient, inadequate or dan-
rents or yor act in any supervisory capacity unless gerous; or
such premes is described in the declarations.
(2) you have failed to fulfill the terms of a contract or
DEFINITIONS SECFON II agreement; and
1. Advertising means any oral, written, or graphic statement b that can be restored to use by:
made by or at the direction of the insured in connection with (1) the repair, replacement, adjustment or removal of
the solicitation of business and disseminated in newspapers, your product or your work; or
magazines, handbills, signs, catalogs, letters, or on radio or
television. Advertising does not include material printed on or (2) your fulfilling the terms of the contract or agreement.
contained in any tag or label or packaging material or other 8. Insured contract:
material attached to, accompanying or forming any part of any a. means a contract or that part of a contract that is:
merchandise, goods, products, or services sold.
2. Advertising injury means injury arising out of one or more of (1) a sidetrack of premises;
(2)
the following offenses: ) a siddetrack agreement
a. oral or written publication of material that slanders or ( an elevator maintenance agreement
libels a person or organization or disparages a person's or (4) any easement or license agreement, except in
organization's goods, products or services; connection with construction or demolition operations
b. oral or written publication of material that violates a on or within 50 feet of a railroad
person's right of privacy. (5) an obligation, as required by ordinance, to indemnify
c. misappropriation of advertising ideas or style of doing a municipality, except in connection with work for the
business; or municipality
(6) that part of any other contract or agreement per
d. infringement of copyright, title or slogan.
taining to your business (including an indemni-
3. Auto means a land motor vehicle, trailer or semitrailer de-
fication of a municipality in connection with work
signed for travel on public roads, including any attached performed for a municipality) under which you as-
machinery or equipment. Auto does not include mobile sume the tort liability of another party to pay for
equipment. bodily injury or property damage to a third person or
4. Auto business means the business or occupation of selling, organization. Tort liability means a liability that
leasing, renting, repairing, servicing, storing, or parking autos. would be imposed by law in the absence of any
contract or agreement.
Includes copyrighted material of Insurance Services Office, with its permission.
Copyright Insurance Services Office, Inc., 1982, 1988.
BP 00 00 06 90 Page 15 of 18
Stock No 10602
b. does not include that part of any contract or agreement: spraying, welding, building cleaning, geophysical ex-
(1) that indemnifies any person or organization for bodily
ploration and well servicing equipment; or
injury or property damage arising out of con- (2) cherry pickers and similar devices used to lift workers .
struction or demolition operations within 50 feet of
any railroad property and affecting any railroad f. vehicles not described in a., b., c. or d. above maintained
bridge or trestle, tracks, road beds, tunnel, under- primarily for purposes other than the transportation of
pass or crossing; persons or cargo. However, self - propelled vehicles with
(2) that indemnifies an architect, engineer or surveyor the fallowing types of permanently attached equipment
are not mobile equipment but will be considered autos:
for injury or damage arising out of:
(a) preparing, approving or failing to prepare or (1) equi designed primarily for:
approve maps, drawings, opinions, reports, sur- (a) snow removal;
veys, change orders, designs or specifications;
(b' road maintenance, but not road construction or —
or resurfacing;
(b) giving directions or instructions, or failing to ( street cleaning.
give them, if that is the primary cause of the
injury or damage; (2) cherry pickers and similar devices mounted on auto
or truck chassis and used to lift workers to heights;
(3) under which the insured, if an architect, engineer or and
surveyor, assumes liability for injury or damage aris-
ing out of the insured's rendering or failure to render (3) air compressors, pumps and generators including
professional services, including those listed in (1) (a) spraying, welding, cleaning buildings, geophysical ex-
above and supervisory, inspection or engineering ploration, lighting or well servicing equipment.
services; or 11. Non owned auto means an auto not owned by, leased or
(4) that indemnifies any person or organization for dam loaned to you or registered to your name; provided that, if you
age to premises rented or loaned to you. are a partnership, such auto is not owned by or registered in
9. Loading or unloading means the handling of property: the name of a partner. It includrs an auto you hire for short
a. after it is moved from the place where it is accepted for term use or an auto owred by an e7iployee but only while used
movement into or onto an aircraft, watercraft or auto; in your business with your permisson.
b. while it is in or on an aircraft, watercraft or auto; or 12. Occurrence means an accident. including continuous or re-
c. while it is being moved from an aircraft, watercraft or peated exposure to substantially the same general harmful
auto to the place where it is finally delivered.
conditions.
Loading or unloading does not include the movement of prop- 13. Personal onal inj means t injury, othei than bodily injury arising
Oli out by means of a mechanical device, other than a hand truck, of n following
that is not attached to the aircraft, watercraft or auto. a. false arrest, detention or imprisonment;
10. Mobile equipment means any of the following types of land b malicious prosecution:
vehicles, including machinery or equipment attached to them:
c. wrongful entry into, wrongful eviction from, or invasion of
a. bulldozers, farm machinery, forklifts and other vehicles the right of private occupancy of a room, dwelling or
designed for use principally off public roads; premises that a person occupies, by or on behalf of its
b. vehicles maintained for use solely on or next to premises
owner, landlord or lessor;
you own or rent; d. oral or written publication of material that slanders or
c. vehicles that travel on crawler treads; libels a person or organization or disparages a person's or
organization's goods, products or services; or
d. vehicles, whether self - propelled or not, on which are per- e. oral or written publication of material that violates a
manently mounted:
person's right of privacy.
(1) power cranes, power shovels, power loaders or power 14. Products — completed operations hazard:
diggers or drills; or
(2) road construction or resurfacing equipment such as a. includes
p ses injury
you ownr dama
and out occurs
graders, scrapers or rollers; of
r product or your work except:
you
e. vehicles not described in a., b., c. or d. above that are roducts that are still in your physical possession; or
not self - propelled and are maintained primarily to provide (1) p
mobility to permanently attached equipment of the fol (2) work that has not yet been completed or abandoned.
Your work is considered completed at the earliest of
lowing types:
(1) air compressors, pumps and generators, including the following times:
Includes copyrighted material of Insurance Services Office, with its permission.
Copyright Insurance Services Office, Inc., 1982, 1988.
Stock No. 10602
Page 16 of 18
BP 00 00 06 90
(a) an arbitrate. ,,roceeding in which such damages are
leted;
has been comp
a when all of the work c. for in your contract a. claimed and to which you must submit or do submit with
our consent; or proceeding in
(b) if your contract calls for vork at more than one b. any other alternative dispute resolution p
site, when all of the work to be done at the site which such damages are claimed and to which you sub -
has been completed; or met with uur consent.
done at a job Your pt with means:
(c) when that part of the work . ob site products other than real proper
had been put to its intendec I use by bc y person 17. goods or p ope of by:
property, manu
other than another contracts � or any a. fact gedr sod, handled, distributed or lisp • working on the same project
(1) you;
Work that may
need service, mainte nance, correction,
repair or replacement, but which is otherwise co ( 2) others trading under your name; or
m-
be treated a
p as completed. (3) a person or organization whose business or assets
n t
te, will you have acquired; and
or property G lamage that Y materials, parts or equip
b. does not include bodily injury p t. containers (other than vehicles), Dods or products.
arises out of: unless the t�, ment furnished in connection with such g
(1) the transportation of property, ^ or
of a condition in or on a verl
din Your product includes warranties or representations
durability, per-
1 damage arises out or unloading of it; any time with respect to the fitness, quality,
or failing
created by the loading formance or use of your product; and the p
(2) the existence of tools, uninstalled equipment or aban-
doned or unused materials;
to .provide warnings or instructions. machines or ether
Your product does not include vending
_ property rented to or located for the use of others but not
15. Property damage means: all resulting
tangible property, including sold.
a. physical injury to tang or
18 Your work means: performed by you or on your behalf;
loss of use of that property; that is not physically
a. work of operations p
b. loss of use of tangible property and ment furnished in connection with
injured. theft or b materias, parts or equip
Property damage does not include loss by such work or operations.
disappearance. Your work ncludes warranties or repreualityloduraba at
any
durability, per-
proceeding in which damages because of time with 'espect to the fitness, q providing or failing to
16. Suit means a civil p e personal injury or adver- t ormance o use of your work; and the p
bodily injury, property damage, p
includes: injury to which this insurance applies are alleged. Suit provide wanings or instructions.
includes:
GENERAL CONDITIONS mailing or delivering to the first
I to all sections We can cancel this policy by
the following conditions apply Named Insured a written notice of cancelation at least 10 days
Unless otherwise noted, before your coverage will end. Mailing of such notice to the
of this policy. address of the Named Insured as shown in the oprolicyre notified
we
nment of this policy shall not be valid unless miu n from the
1. Assignment. Assig last knurl address, shall be sufficient proof y
we give our written consent. of ;ancelation. We will refund the pro rata e Your refund
your books and records a at of n cancelation to the and the
the policy premium owed, and
2. a nyit. a may examine and audit y date
o traduced by the amount nof e any
any tt a while the nai is in this and within a three y premium, o if any.
policy, as far as they relate abject to a minimum p
- _ after the subject termination m ter this t p e� As soon as min i m u, we will send to the first Named Insured
to the subject matter of this insurance. any p remium refundy refund.
premium should have been higher not a However,
any lation will be
If the audit shows that the p you (subject effective whether or Y
to Statute. If any part of this policy is contrary to
or lower, the difference will be billed or returned to y 1
remium applying). 4. Conformity policy
to any minimum P a statute in your state, we agree to alter that part of the p Y
it to us or our a and make it conform with the statute.
3. cancelaaion. The first Named eby returning it to i the our agent; a date You must cooperate statute. a u h us in perfcrming all acts
cancel this p ration. Yo
ter may pro rata
5. Coop
or by writing to us and advising us of the current or future requ red by this policy.
- w hen um want the date of cancelation to the of the policy
the d amount of any 6. Inspection. We are permitted but not obligatedresultpgcadoci
premium from the amp Property and operations. Our inspection or any
period. Your refund will be, to reduced
premium, if any.
premium owed, and subject
hted material of Insurance Services Office, with its perm ss on•
Copyright Insurance Services Office, Inc., 1982, 1988.
'g Stock No ,o'
.
Page 17 of 18
BP 00 00 06 90
or report does not warrant that your �,
are safe or healthful or are in compliance P pe th ar o nt
or regulation. p operations
property in sates action of the claim i also be
y law, rule, isfaction of claim in connection with the oss. l sat-
Both
e Insurance Under More Than One Covera the cause of loss must be covered b Your
more than one coverage under this Coverage. It is Property and the
If that happens, we will Policy could a Possible that If legal action is Y this policy.
apply to a loss. taken to enforce a c against you for such
damage. pay no more than the actual loss or a loss, we reser re the right to conduct and control your defense.
8. Investigation of Loss. Our investigation of an I This will bed ne at our option, and without expense to you.
under this Y Our action sh II not increase our liability under this policy.
policy does not affect any defense or claim 16. Recoveries. If we pay an insured for loss under this policy
under have. Our d s not tar affect any a seawe would
request would oth- lost or damar ed prope is recovered, or a
not waive our rights. P cy and
does those respor ��sible for the loss, the following Provisions appl payment is made by
9. Liberalization Clause. Forms or endorsements may a. The tsured must notify g
g the policy period. If any coverage is y be revised y us or we will notify the insured
g broadened Pro 'n if either recovers property or receives payment,
this policy without additional premium, the broadened coverage
ender b. At hey proper expenses incurred b
ue
will apply. by either party in making
10. Misrepresentation, Concealment or Fraud. This entire the recovery are reimbursed first.
void if, whether before or after a loss: c. The insured may keep recovered property by refunding to
polies ,, us the amount of the claim paid or an y lesser amount to
a. an insured has willfully concealed or which we agree.
misrepresentf'�: d. If the claim paid is less than the agreed loss due to a
( any material fact or circumstance ca ping this
insurance; or deductible, special limit of insurance or other limiting
ncer
terms of the policy, any recovery will be prorated between
(2) an insured's interest herein. the insured and us based on our r
has been fraud or false swearing by an insured about
any matter concerning this insurance.
a.
the loss.
b. there h be respective interests in
11. Non - Renewal. We may elect not to renew this policy. We may
17 Subrogation (Our Right to Recover).
do so by delivery to the first Named Insured, or mailing If we make a payment under this paler
us his or her right recovery
that the insured assign to extent of
the
first Named Insured at g to the Y we may require
declarations, written notice at least 10 shown in
end of against any person for the loss to the exten of
the policy period. The delivery of this termin ion notice shall payment. The insured must do ever ything ecessary our
be subject to the laws of the state where thispolicy is issued, make this assignment and secure our rights g anythin
12. Notice Agent. Your notice to our subject
agent null be deemed b We are not liable for any loss if an insured does v
after the loss occurs to impair our right to recover. Fof
notice to us. d Pro ert
13. Payment of Deductible. We may p Y Coverages only, you may waive your right recovery in writing before a loss occurs without voiding
deductible amount in order to settle clapmyma�t or all of a the coverage.
then require you to reimburse us for that part o the deductible
insured recovers damages from another deduct ble
c. If we pay a loss to or on behalf of an insured and the
amount which we have paid.
r the
14. Policy Period — Renewal of Coverage same loss, the insured shall hold the amounto eco
ante begins and ends at 12:01 A.M., P emtum. Insur in trust for us and shall reimburse us as provided under
location of the property described and on the fates �showntin Recoveries.
the declarations. You may continue this policy for successive
18. Waiver or Change
policy periods by Insured shown in the declarations
s authon first Named
authorized
effective date of each renewal enewal per od. The fl st Named Insured
of this policy is waived or changed only if we put in writing. If
is responsible for payment of all premiums. If the re,
changes in this policy if we agree to those changes. A make
red
not paid when due, this policy expires at the end of the last may substitute Provision
P the ! is this policy form or any endorsement attached is revised, we
policy period for which the premium was paid. or add, at the renewal date, forms or endorse-
The premium for each policy ments which are authorized for use on this policy in accordance
manuals. p Y Period will be based on our cu rent
19. War and Nuclear Hazard Exclusionwith our manual rules in effect at the time.
If this policy replaces coverage in other policies terminating . We do not cover an
at 12:00 Noon (standard time) damage or injury
o n the inception date of this 1 declared or undeclared war, 1 y whether direct or indirect caused by:
y loss,
policy, this policy shall be me ) o ne he inception
Noon
time) instead of at 12:01 A.M. Standard (standard
hellion, revolution, seizure o or by evil war, insurrection, re-
15. Privilege to Adjust with Owner. f you have someone else's Power, invasion
thing done to hinder or defend against these actions; ny-
property in your possession, and that property is damaged and 2. discharge of a nuclear weapon, even if accidental;
a claim is made, we reserve the right to adjust that cia m with
the property's owner. Our payment 3 nuclear reaction, radiation or radioactive contamination,
P yment to the owner of the damaged except di ea rs to covered property
Includes copyrighted mater,al of Insurance Services Office, w i t hets , reaction is by fire resulting
covered. b
BP 00 00 06 90 Copyright Insurance Services Office, Inc. Permission.
Page 18 o f 18 1982, 1988.
Stock No. 10602
0 0
Special Provisions for American Family Mutual Insurance Company Policyholders
You are a member of the American Family Mutual Insurance Company of Madison, Wisconsin, and are entitled to one vote either in person
or by proxy at its meetings. The Annual Meetings are held at its Home Office in Madison, Wisconsin, on the first Tuesday of March at
2:00 P.M. Notice printed in this policy shall be your notification of the time and place.
This policy is non - assessable. You are not subject to any assessment beyond the premiums we require for each policy period.
If any dividends are distributed, you will share in them according to law and under conditions set by the Board of Directors.
This policy is signed at Madison, Wisconsin, on our behalf by our President and Secretary. If it is required by law, it is countersigned on
the declarations by our authorized representative.
Ci , ‘ "1 (
A
O l f President Secretary
This is not a complete and valid contract without an accompanying DECLARATION properly executed.
AMERICAN FAMILY
INSURANCE
MADISON. WISCONSIN
BP 00 00 06 90 stock No 1os40 Rev 8 /91