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Companion Specialty
Insurance Company
®DIFFERENCE
IN
CONDITIONS
POLICY
Companion Specialty Insurance Company
P.O. Box 100165 Columbia, SC 29202
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IN WITNESS WHEREOF, the Companion Specialty Insurance Company has caused
this policy to be signed by its President and Secretary at Columbia, South Carolina, and
countersigned on the declarations page by a duly Authorized Agent of the Company.
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COMMERICAL DIFFERENCE IN CONDITIONS DECLARATION
Policy Number: FDA0001104-1 New Business
Inception Date: 1/1/2012 Expiration Date: 1/1/2013 12:01 AM Standard Time at the address of the insured as stated herein.
Named Insured and Address Producing Agency Name and Address SOMERSET AT WINDSTAR HOMEOWNERS
ASSOCIATION, INC.
1016 COLLIER CENTER WAY, #102 NAPLES, FL
Insurance and Risk Management Services, Inc. 8950 Fontana Del Sol Way, Suite 200
Naples, FL 34109
This policy consists of the following coverage parts for which a premium is indicated. The premium may be subject to audit by the company.
Coverage(s) Included in Policy Premium
Differences In Conditions Included
Mold Remediation & Sewer Backup Excluded
Annual Policy Premium: $5,436.00
Fees
Policy Fee $35.00
Surplus Lines Tax $273.55
FSLSO Service Fee $5.47
FHCF Fee $71.12
CPIC Emergency Assessment Fee $0.00
EMPA Fee $0.00
Total Annual Premium and Fees: $5,821.14
In Return For The Payment Of The Premium, And Subject To All The Terms Of This Policy, We Agree With You To Provide The Insurance As Stated In This Policy. This Policy Supercedes Any Previous Policy Bearing The Same Number And Policy Period.
"SURPLUS LINES INSURERS' POLICY RATES AND FORMS ARE NOT APPROVED
BY ANY FLORIDA REGULATORY AGENCY."
Payment Method:
This is an agency bill policy. Premium payable at inception: Annual
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POLICY LOCATION SCHEDULE
Policy Number: FDA0001104-1 Policy Period: 1/1/2012 To: 1/1/2013 Named Insured: SOMERSET AT WINDSTAR HOMEOWNERS ASSOCIATION, INC.
LOCATIONS OF ALL PREMISES YOU OWN, RENT, OR OCCUPY
Bldg # Address City State Zip
1 2101-2105 Paget Circle Naples FL 34112
2 2101-2105 Paget Circle Naples FL 34112
3 2117-2121 Paget Circle Naples FL 34112
4 2125-2129 Paget Circle Naples FL 34112
5 2133-2137 Paget Circle Naples FL 34112
6 2141-2145 Paget Circle Naples FL 34112
7 2149-2153 Paget Circle Naples FL 34112
8 2157-2161 Paget Circle Naples FL 34112
9 2165-2169 Paget Circle Naples FL 34112
10 2173-2177 Paget Circle Naples FL 34112
11 2181-2185 Paget Circle Naples FL 34112
12 2189-2193 Paget Circle Naples FL 34112
13 2197-2201 Paget Circle Naples FL 34112
14 2205-2209 Paget Circle Naples FL 34112
15 2213-2217 Paget Circle Naples FL 34112
16 2212-2216 Paget Circle Naples FL 34112
17 2204-2208 Paget Circle Naples FL 34112
18 2196-2200 Paget Circle Naples FL 34112
19 2188-2192 Paget Circle Naples FL 34112
20 2180-2184 Paget Circle Naples FL 34112
21 2148-2152 Paget Circle Naples FL 34112
22 2140-2144 Paget Circle Naples FL 34112
23 22132-2136 Paget Circle Naples FL 34112
24 2124-2128 Paget Circle Naples FL 34112
25 2116-2120 Paget Circle Naples FL 34112
26 Paget Circle Naples FL 34112
27 Paget Circle Naples FL 34112
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Commercial Difference in Conditions Coverage Part Declaration -
Coverages Provided
Policy Number: FDA0001104-1 Policy Period: 1/1/2012 To: 1/1/2013 Named Insured: SOMERSET AT WINDSTAR HOMEOWNERS ASSOCIATION, INC.
COVERAGES PROVIDED AND DESCRIPTION OF PREMISES: INSURANCE AT THE DESCRIBED PREMISES APPLIES ONLY FOR THE COVERAGES SHOWN BELOW
Bldg # Building Desc. Coverage Limit of
Insurance
1 Residential Building Building $578,616
2 Residential Building Building $649,363
3 Residential Building Building $578,616
4 Residential Building Building $560,123
5 Residential Building Building $549,363
6 Residential Building Building $560,123
7 Residential Building Building $560,123
8 Residential Building Building $578,616
9 Residential Building Building $549,363
10 Residential Building Building $578,616
11 Residential Building Building $567,731
12 Residential Building Building $560,123
13 Residential Building Building $567,731
14 Residential Building Building $560,123
15 Residential Building Building $567,731
16 Residential Building Building $578,616
17 Residential Building Building $567,731
18 Residential Building Building $567,731
19 Residential Building Building $567,731
20 Residential Building Building $578,616
21 Residential Building Building $549,363
22 Residential Building Building $578,616
23 Residential Building Building $567,731
24 Residential Building Building $560,123
25 Residential Building Building $567,731
26 Bath/Pool House Building $46,901
27 Pool Building $52,345
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Description Amount
Covered Cause Special, Excluding Basic Perils
Wind/Hail Excluded
Earthquake and Volcanic Eruption Endorsement Excluded
Valuation Replacement Cost
Agreed Amount Included
Deductible $2,500
Inflation Guard 0%
Terrorism Included
Optional Coverage: Amount
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Policy Number: FDA0001104-1 Policy Period: 1/1/2012 To: 1/1/2013 Named Insured: SOMERSET AT WINDSTAR HOMEOWNERS ASSOCIATION, INC.
POLICY FORMS DECLARATIONS
Form Number Form Date Form Description CIU0100FL 03/08 Surplus Lines Statement
IL0003 07/02 Calculation of Premium IL0017 11/98 Common Policy Conditions
IH0080 09/09 Difference in Conditions Coverage Form CM0001 09/04 Commercial Inland Marine Conditions CM0116 09/00 FL Changes - Loss Payment
IL0175 07/02 FL Changes - Legal Action IL0255 07/02 FL Changes - Cancellation SIM001 10/10 Collapse Additional Coverage SIM003 10/10 Earth Movement Exclusion SIM014 12/10 Ordinance or Law Specified Perils SIM004 10/10 Exclusion of Water
SIM005 10/10 Exclusion of Water Backup IL0995 01/07 Conditional Exclusion of Terrorism
IL0952 01/07 Cap on Losses from Certified Acts of Terrorism TPN006 01/09 Notice of Terrorism Insurance Coverage
SIM007 10/10 Mediation
SIM008 10/10 Occurrence Limit of Liability SIM009 10/10 Existing Damage Exclusion
IH8001 07/99 Exclusion of Property In Transit
IL0935 07/01 Exclusion of Certain Computer Related Losses SIM012 6/11 Exclusion of Fungi, Wet or Dry Rot Microbes
SURPLUS LINES STATEMENT
Policy
Number
Insured
Name
Producer:
Coastal Insurance Underwriters, Inc. Premium: $P.O. Box 3140 Policy Fee: $ Ponte Vedra Beach, FL 32004 S/L Tax: $
FSLSO Service Fee: $ Surplus Lines Agent: Faye Leto FHCF: $
P.O. Box 3140 CPIC Emergency Assessment: $ Ponte Vedra Beach, FL 32004 EMPA: $ License #: A304774
Total: $
Producing Agent:
THIS INSURANCE IS ISSUED PURSUANT TO THE FLORIDA SURPLUS LINES LAW. PERSONS INSURED BY SURPLUS LINES CARRIERS DO NOT HAVE THE PROTECTION OF THE FLORIDA INSURANCE GUARANTY ACT TO THE EXTENT OF ANY RIGHT OF RECOVERY FOR THE OBLIGATION OF AN INSOLVENT UNLICENSED INSURER
.
Date: Surplus Lines Agent
CIU 0100FL 03/08
12/30/2011 FDA0001104-1
SAMUEL R. NEIDIGH, ARM
8950 Fontana Del Sol Way, Suite 200 Naples, FL 34109
SOMERSET AT WINDSTAR HOMEOWNERS ASSOCIATION, INC. 5,436.00 35.00 273.55 5.47 71.12 0.00 5,821.14 0.00 A190262
COMMERCIAL INLAND MARINE IH 00 80 09 09
DIFFERENCE IN CONDITIONS COVERAGE FORM
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered.
Throughout this policy, the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance.
Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. Definitions.
A. Coverage
We will pay for loss of or damage to Covered Property from any of the Covered Causes of Loss.
1. Covered Property
Covered Property, as used in this coverage form, means the type of property described in this Paragraph, A.1., and limited in Paragraph
A.2. Property Not Covered, if a Limit of
Insur-ance is shown in the Declarations for that type of property:
a. Building, meaning the building or structure described in the Declarations including:
(1) Completed additions;
(2) Fixtures, including outdoor fixtures; (3) Permanently installed machinery and
equipment;
(4) Personal property owned by you that is
used to maintain or service the building or structure or its premises, including:
(a) Fire extinguishing equipment;
(b) Outdoor furniture;
(c) Floor coverings; and
(d) Appliances used for refrigerating, ventilating, cooking, dishwashing or laundering; and
(5) If not covered by other insurance: (a) Additions under construction,
altera-tions and repairs to the building or structure; and
(b) Materials, equipment, supplies and temporary structures, on or within 100 feet of the described premises, used for making additions, altera-tions or repairs to the building or structure.
b. Your Business Personal Property:
(1) While in transit; or
(2) Located in or on the building described in the Declarations or in the open (or within a vehicle) within 100 feet of the described premises, consisting of the following unless otherwise specified in the Declarations:
(a) Furniture and fixtures;
(b) Machinery and equipment;
(c) "Stock";
(d) All other personal property owned by you and used in your business;
(e) Labor, materials or services fur-nished or arranged by you on per-sonal property of others;
(f) Your use interest as tenant in im-provements and betterments. Im-provements and betterments are fix-tures, alterations, installations or additions:
(i) Made a part of the building or structure you occupy but do not own; and
(ii) You acquired or made at your expense but cannot legally re-move; and
(g) Leased personal property for which you have a contractual responsibility to insure, unless otherwise provided for under Personal Property of Oth-ers.
c. Personal property of others that is:
(1) In your care, custody or control; and
(2) Located in or on the building described in the Declarations or in the open (or in a vehicle) within 100 feet of the de-scribed premises.
However, our payment for loss of or dam-age to personal property of others will only be for the account of the owner of the prop-erty.
2. Property Not Covered
Covered Property does not include:
a. Accounts, bills, currency, deeds, food stamps or other evidences of debt, money, notes or securities. Lottery tickets held for sale are not securities;
b. Animals, unless owned by others and boarded by you, or if owned by you, only as "stock" while inside of buildings;
c. Automobiles held for sale;
d. Bridges, roadways, walks, patios or other paved surfaces;
e. Contraband, or property in the course of illegal transportation or trade;
f. The cost of excavations, grading, backfilling
or filling;
g. Foundations of buildings, structures,
ma-chinery or boilers if their foundations are below:
(1) The lowest basement floor; or
(2) The surface of the ground, if there is no basement;
h. Land (including land on which the property is located), water, growing crops or lawns;
i. Personal property while airborne or water-borne;
j. Bulkheads, pilings, piers, wharves or docks;
k. Property that is covered under another coverage form of this or any other policy in which it is more specifically described, ex-cept for the excess of the amount due (whether you can collect on it or not) from that other insurance;
l. Retaining walls that are not part of a build-ing;
m. Underground pipes, flues or drains;
n. Vehicles or self-propelled machines (includ-ing aircraft or watercraft) that are licensed for use on public roads or are operated principally away from the described premis-es.
This paragraph does not apply to:
(1) Vehicles or self-propelled machines or autos you manufacture, process or warehouse;
(2) Vehicles or self-propelled machines, other than autos, you hold for sale; or
(3) Rowboats or canoes out of water at the described premises; or
o. The following property while outside of buildings:
(1) Grain, straw or other crops; or
(2) Fences, radio or television antennas (including satellite dishes) and their lead-in wiring, masts or towers, signs (other than signs attached to buildings), trees, shrubs or plants (other than "stock" of trees, shrubs or plants).
3. Covered Causes Of Loss
Covered Causes of Loss means Direct Physi-cal Loss Or Damage to Covered Property ex-cept those causes of loss listed in the Exclu-sions.
4. Additional Coverages a. Debris Removal
(1) We will pay your expenses to remove debris of Covered Property caused by or resulting from a Covered Cause of Loss that occurs during the policy period. The expenses will be paid only if they are reported to us in writing within 180 days of the date of direct physical loss or damage.
(2) The amount we pay for the direct physi-cal loss or damage to Covered Property is 25% of:
(a) The amount we pay for the direct physical loss or damage to Covered Property; plus
(b) The deductible in this policy applica-ble to that loss or damage.
(3) This Additional Coverage does not apply to costs to:
(a) Extract "pollutants" from land or water; or
(b) Remove, restore or replace polluted land or water.
b. Fire Department Service Charge
When the fire department is called to save or protect Covered Property from a Cov-ered Cause of Loss, we will pay up to $1,000 for your liability for fire department service charges:
(1) Assumed by contract or agreement prior to loss; or
(2) Required by local ordinance.
No Deductible applies to this Additional Coverage.
c. Preservation Of Property
If it is necessary to move Covered Property from the described premises to preserve it from loss or damage by a Covered Cause of Loss, we will pay for any direct physical loss or damage to that property:
(1) While it is being moved or while tempo-rarily stored at another location; and
(2) Only if the loss or damage occurs within 30 days after the property is first moved.
d. Pollutant Cleanup And Removal
We will pay your expenses to extract "pollu-tants" from land or water at the described premises if the discharge, dispersal, seep-age, migration, release or escape of the "pollutants" is caused by or results from a Covered Cause of Loss that occurs during the policy period. The expenses will be paid only if they are reported to us in writing within 180 days of the date on which the Covered Cause of Loss occurs.
This Additional Coverage does not apply to costs to test for, monitor or assess the exis-tence, concentration or effects of "pollu-tants". But we will pay for testing which is performed in the course of extracting the "pollutants" from the land or water.
The most we will pay under this Additional Coverage for each described premises is $10,000 for the sum of all such expenses arising out of Covered Causes of Loss oc-curring during each separate 12-month pe-riod of this policy.
The limit for this Additional Coverage is in addition to the Limit of Insurance.
e. Limited Coverage For "Fungi", Wet Rot And Dry Rot
(1) The coverage described in Paragraphs
(2) and (5) only applies when "fungi", or
wet or dry rot is the result of one or more of the Covered Causes of Loss, except fire or lightning, that occur during the policy period and only if all reason-able means were used to save and pre-serve the property from further damage at the time of and after the time of the occurrence.
(2) We will pay for loss or damage to Cov-ered Property by "fungi", or wet or dry rot. As used in this Limited Coverage, the term loss or damage means:
(a) Direct physical loss or damage to Covered Property caused by "fungi", or wet or dry rot, including the cost of removal of the "fungi", or wet or dry rot;
(b) The cost to tear out and replace any part of the building or other property as needed to gain access to the "fungi", or wet or dry rot; and
(c) The cost of testing performed after removal, repair, replacement or res-toration of the damaged property is completed, provided there is a rea-son to believe that "fungi", or wet or dry rot is present.
(3) Unless a higher Limit of Insurance for this coverage is shown in the Declara-tions, the most we will pay is $15,000 for loss or damage to Covered Property. Regardless of the number of claims, this Limit of Insurance is the most we will pay for the total of all loss or damage arising out of all occurrences of Covered Causes of Loss (other than fire or lightning) which take place in a 12-month period (starting with the begin-ning of the present annual policy pe-riod). With respect to a particular occur-rence of loss which results in "fungi", or wet or dry rot, we will not pay more than a total of $15,000 even if the "fungi", or wet or dry rot continues to be present or active, or recurs, in a later policy period. If the Declarations indicate that the Sep-arate Locations Option applies, then the amount of coverage ($15,000, unless a higher amount is shown in the Declara-tions) is made applicable to separate lo-cations as described in the Declarations. For each location so described, the amount of coverage is an annual aggre-gate limit, subject to the terms set forth above in this Paragraph (3).
(4) The coverage provided under this Lim-ited Coverage does not increase the applicable Limit of Insurance on any Covered Property. If a particular occur-rence results in loss or damage by "fun-gi", or wet or dry rot, and other loss or damage, we will not pay more, for the total of all loss or damage, than the ap-plicable Limit of Insurance on the af-fected Covered Property.
If there is covered loss or damage to Covered Property, not caused by "fun-gi", or wet or dry rot, loss payment will not be limited by the terms of this Lim-ited Coverage, except to the extent that "fungi", or wet or dry rot causes an in-crease in the loss. Any such inin-crease in the loss will be subject to the terms of this Limited Coverage.
(5) The following, (5)(a) or (5)(b), applies only if Business Income and/or Extra Expense Coverage applies and only if the suspension of "operations" satisfies all terms and conditions of the applica-ble Business Income and/or Extra Ex-pense Coverage Form.
(a) If the loss which resulted in "fungi",
or wet or dry rot does not in itself ne-cessitate a suspension of "opera-tions" but such suspension is neces-sary due to loss or damage to property caused by "fungi", or wet or dry rot, then our payment under Business Income and/or Extra Ex-pense is limited to the amount of loss and/or expense sustained in a period of not more than 30 days, or the number of days shown in the Decla-rations. The days need not be con-secutive.
(b) If a covered suspension of
"opera-tions" was caused by loss or damage other than "fungi", or wet or dry rot but remediation of "fungi", or wet or dry rot prolongs the "period of resto-ration", we will pay for loss and/or expense sustained during the delay (regardless of when such a delay occurs during the "period of restora-tion"), but such coverage is limited to 30 days, or the number of days shown in the Declarations. The days need not be consecutive.
5. Coverage Extensions
a. Newly Acquired Or Constructed Property
(1) You may extend the insurance that applies to building to apply to:
(a) Your new building while being built on the described premises; and
(b) Buildings you acquire at locations, other than the described premises, intended for:
(i) Similar use as the building de-scribed in the Declarations; or
(ii) Use as a warehouse.
The most we will pay for loss or damage under this Extension is $250,000 at each building.
(2) You may extend the insurance that applies to your Business Personal Property to apply to that property at any location you acquire other than at fairs or exhibitions.
The most we will pay for loss or damage under this Extension is $100,000 at each building.
(3) Insurance under this Extension for each newly acquired or constructed property will end when any of the following first occurs:
(a) This policy expires;
(b) 30 days expire after you acquire or begin to construct the property; or
(c) You report values to us.
We will charge you additional premium for values reported from the date con-struction begins or you acquire the property.
b. Valuable Papers And Records – Cost Of Research
Except as otherwise provided, this Exten-sion applies to property located in or on the building described in the Declarations or in the open (or in a vehicle) within 100 feet of the described premises.
You may extend the insurance that applies to your Business Personal Property to apply to your costs to research, replace or restore the lost information on lost or damaged val-uable papers and records, including those which exist on electronic or magnetic me-dia, for which duplicates do not exist. The most we will pay under this Extension is $2,500 at each described premises, unless a higher limit is shown in the Declarations.
B. Exclusions
1. We will not pay for loss or damage caused directly or indirectly by any of the following. Such loss or damage is excluded regardless of any other cause or event that contributes con-currently or in any sequence to the loss or damage.
a. Governmental Action
Seizure or destruction of property by order of governmental authority.
b. Nuclear Hazard
Nuclear reaction or radiation, or radioactive contamination, however caused.
c. War And Military Action
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, includ-ing action in hinderinclud-ing or defendinclud-ing against an actual or expected attack, by any government, sovereign or other au-thority using military personnel or other agents; or
(3) Insurrection, rebellion, revolution, usurped power, or action taken by gov-ernmental authority in hindering or de-fending against any of these.
d. Fungi, Wet Rot And Dry Rot
Presence, growth, proliferation, spread or any activity of "fungi", or wet or dry rot. But if "fungi", or wet or dry rot results in a Covered Cause of Loss, we will pay for the loss or damage caused by that Covered Cause of Loss.
This exclusion does not apply:
(1) When "fungi", or wet or dry rot results from fire or lightning; or
(2) To the extent that coverage is provided in the Additional Coverage – Limited Coverage For "Fungi", Wet Rot And Dry Rot with respect to loss or damage by a cause of loss other than fire or lightning.
e. Virus, Bacterium Or Other Microorganism
Any virus, bacterium or other microorgan-ism that induces or is capable of inducing physical distress, illness or disease.
However, this exclusion does not apply to loss or damage caused by or resulting from "fungi", wet rot or dry rot. Such loss or damage is addressed in the previous exclu-sion.
The terms of this exclusion, or the inappli-cability of this exclusion to a particular loss, does not serve to create coverage for any loss that would otherwise be excluded un-der this Coverage Part.
This exclusion applies to all coverage under all forms and endorsements that comprise this Coverage Part, including but not limited to forms or endorsements that cover busi-ness income, extra expense or action of civil authority.
Exclusions B.1.a. through B.1.e. apply whether or not the loss event results in widespread damage or affects a substantial area.
2. We will not pay for loss or damage caused by
or resulting from any of the following:
a. Fire, lightning, windstorm, hail or any other cause of loss if the cause of loss is covered by the Underlying Policy(ies) described in the Declarations; except this exclusion does not apply to any cause of loss specified in the Declarations to be excess insurance. When a cause of loss is specified as excess insurance, coverage is excess of coverage provided by the Underlying Poli-cy(ies), whether that insurance is collectible or not.
b. Explosion of steam boilers, steam pipes,
steam engines or steam turbines owned or leased by you, or operated under your con-trol.
c. Delay, loss of use, loss of market or any
other consequential loss.
d. Mechanical breakdown.
e. Artificially generated electrical, magnetic or electromagnetic energy that damages, dis-turbs, disrupts or otherwise interferes with any:
(1) Electrical or electronic wire, device, appliance, system or network; or
(2) Device, appliance, system or network utilizing cellular or satellite technology.
For the purpose of this exclusion, electrical, magnetic or electromagnetic energy in-cludes, but is not limited to, electrical cur-rent, including arcing; electrical charge pro-duced or conducted by a magnetic or electromagnetic field; pulse of electromag-netic energy; electromagelectromag-netic waves or mi-crowaves.
f. Wear and tear; rust, corrosion, fungus, decay, deterioration, hidden or latent defect or any quality in the property that causes it to damage or destroy itself.
g. Settling, cracking, shrinkage or expansion.
h. Shortage found upon taking inventory. i. Unexplained disappearance.
j. Marring or scratching of personal property.
k. Nesting or infestation, or discharge or
re-lease of waste products or secretions by in-sects, vermin, birds, rodents or other ani-mals.
l. Dishonest or criminal act committed by:
(1) You, any of your partners, employees, directors, trustees, or authorized repre-sentatives;
(2) A manager or a member if you are a
limited liability company;
(3) Anyone else with an interest in the property, or their employees or autho-rized representatives; or
(4) Anyone else to whom the property is entrusted for any purpose.
This exclusion applies whether or not such persons are acting alone or in collusion with other persons or such acts occur during the hours of employment.
m. Voluntary parting with any property by you or anyone entrusted with the property if in-duced to do so by any fraudulent scheme, trick, device or false pretense.
n. Unauthorized instructions to transfer prop-erty to any person or to any place.
o. Rain, snow, ice or sleet to personal
proper-ty in the open.
p. Discharge, dispersal, seepage, migration,
release or escape of "pollutants" unless the discharge, dispersal, seepage, migration, release or escape is itself caused by any of the Covered Causes of Loss. But if the dis-charge, dispersal, seepage, migration, re-lease or escape of "pollutants" results in a Covered Cause of Loss not otherwise ex-cluded, we will pay for the loss or damage caused by that Covered Cause of Loss.
q. Neglect of an insured to use all reasonable
means to save and preserve property from further damage at and after the time of loss.
3. We will not pay for loss or damage caused by or resulting from any of the following. But if loss or damage by a Covered Cause of Loss re-sults, we will pay for the loss or damage caused by that Covered Cause of Loss.
a. Acts or decisions, including the failure to act or decide of any person, group, organiza-tion or governmental body.
b. Faulty, inadequate or defective:
(1) Planning, zoning, development, survey-ing, siting;
(2) Design, specifications, workmanship, repair, construction, renovation, re-modeling, grading, compaction;
(3) Materials used in repair, construction, renovation or remodeling; or
(4) Maintenance;
of part or all of any property wherever lo-cated.
c. Rust or other corrosion, dampness, dryness
or extremes of temperature.
4. The cost to research, replace or restore the information on valuable papers and records, including those which exist on electronic or magnetic media, except as provided in the Coverage Extension.
C. Limits Of Insurance
The most we will pay for loss or damage in any one occurrence is the applicable Limit of Insur-ance shown in the Declarations.
1. Separate Limits of Insurance are shown in the Declarations for Earthquake and "Water Dam-age".
2. The limits applicable to:
a. The Coverage Extensions; and
b. Additional Coverage A.4.d. Pollutant Cleanup And Removal;
are in addition to the Limit of Insurance.
3. Payments under the following Additional Cov-erages will not increase the applicable Limit of Insurance:
a. Debris Removal A.4.a., but if:
(1) The sum of direct physical loss or dam-age and debris removal expense ex-ceeds the Limit of Insurance; or
(2) The debris removal expense exceeds the amount payable under the 25% limi-tation in the Debris Removal Additional Coverage;
we will pay up to an additional $10,000 for each location in any one occurrence under the Debris Removal Additional Coverage.
b. Fire Department Service Charge A.4.b.; or
c. Preservation Of Property A.4.c.
D. Deductible
We will not pay for loss or damage in any one oc-currence until the amount of the adjusted loss or damage before applying the applicable Limits of Insurance exceeds the Deductible shown in the Declarations. We will then pay the amount of the adjusted loss or damage in excess of the Deducti-ble, up to the applicable Limit of Insurance. Specific deductibles apply to:
1. "Water Damage"; and
2. Earthquake.
All earthquake shocks that occur within a 168- hour period following the earthquake will con-stitute a single earthquake occurrence.
E. Additional Conditions
1. The Valuation General Condition in the Com-mercial Inland Marine Conditions is replaced by the following:
We will determine the value of Covered Prop-erty in the event of loss or damage as follows:
a. At actual cash value as of the time of loss or damage, except as provided in Para-graphs b., c., d., e. and f. below.
b. If the cost to repair or replace the damaged
building is $2,500 or less, we will pay the cost of building repairs or replacement. The cost of building repairs or replacement does not include the increased cost attri-butable to enforcement of any ordinance or law regulating the construction, use or re-pair of any property. However, the following property will be valued at the actual cash value even when attached to the building:
(1) Awnings or floor coverings;
(2) Appliances for refrigerating, ventilating, cooking, dishwashing or laundering; or
(3) Outdoor equipment or furniture.
c. "Stock" you have sold but not delivered at
the selling price less discounts and ex-penses you otherwise would have had.
d. Glass at the cost of replacement with safety
e. Tenants' Improvements and Betterments at: (1) Actual cash value of the lost or
dam-aged property if you make repairs promptly.
(2) A proportion of your original cost if you do not make repairs promptly. We will determine the proportionate value as fol-lows:
(a) Multiply the original cost by the num-ber of days from the loss or damage to the expiration of the lease; and
(b) Divide the amount determined in Paragraph (a) by the number of days from the installation of improvements to the expiration of the lease.
If your lease contains a renewal option, the expiration of the renewal option pe-riod will replace the expiration of the lease in the procedure.
(3) Nothing if others pay for repairs or re-placement.
f. Valuable Papers and Records, including those which exist on electronic or magnetic media (other than prepackaged software programs), at the cost of:
(1) Blank materials for reproducing the records; and
(2) Labor to transcribe or copy the records when there is a duplicate;
except as provided in the Coverage Exten-sion.
2. The following conditions apply in addition to the Commercial Inland Marine Conditions and the Common Policy Conditions:
a. Underlying Insurance
(1) The insurance afforded by each policy of underlying insurance described in the Declarations will be maintained for the full term of this insurance. As each poli-cy expires you will renew it at limits and for causes of loss equal to or greater than the expiring limits and causes of loss.
(2) If you fail to comply with the provisions in Paragraph (1), we will pay only to the extent that we would have paid had you complied with the requirements in Para-graph (1).
b. Coverage Territory
We cover property wherever located within:
(2) Puerto Rico; and (3) Canada.
c. Protective Safeguards
You must maintain the protective safe-guards stated by you to be in effect at a lo-cation when this coverage began.
If you fail to keep the protective safeguards:
(1) In working condition at a location; and
(2) In operation when you are closed to business;
coverage for which the protective safe-guards apply is automatically suspended at that location. This suspension will last until equipment or services are back in opera-tion.
F. Optional Coverage Replacement Cost
1. Replacement Cost (without deduction for de-preciation) replaces Actual Cash Value in the
Valuation General Condition of the
Commer-cial Inland Marine Conditions.
2. This Optional Coverage does not apply to:
a. Personal property of others;
b. Contents of a residence;
c. Manuscripts;
d. Works of art, antiques or rare articles, in-cluding etchings, pictures, statuary, mar-bles, bronzes, porcelains and bric-a-brac; or
e. "Stock", unless the including "stock" option is shown in the Declarations.
3. You may make a claim for loss or damage covered by this insurance on an actual cash value basis instead of on a replacement cost basis. In the event you elect to have loss or damage settled on an actual cash value basis, you may still make a claim for the additional coverage this Optional Coverage provides if you notify us of your intent to do so within 180 days after the loss or damage.
4. We will not pay on a replacement cost basis for any loss or damage:
a. Until the lost or damaged property is actual-ly repaired or replaced; and
b. Unless the repairs or replacement is made as soon as reasonably possible after the loss or damage.
5. We will not pay more for loss or damage on a replacement cost basis than the least of a., b. or c., subject to Paragraph 6. below:
a. The Limit of Insurance applicable to the lost or damaged property;
b. The cost to replace, on the same premises, the lost or damaged property with other property:
(1) Of comparable material and quality; and
(2) Used for the same purpose; or
c. The amount you actually spend that is necessary to repair or replace the lost or damaged property.
If a building is rebuilt at a new premises, the cost described in Paragraph b. is limited to the cost which would have been incurred if the building had been rebuilt at the original pre-mises.
6. The cost of repair or replacement does not include the increased cost attributable to en-forcement of any ordinance or law regulating the construction, use or repair of any property.
G. Definitions
1. "Fungi" means any type or form of fungus, including mold or mildew and any mycotoxins, spores, scents or by-products produced or re-leased by fungi.
2. "Pollutants" means any solid, liquid, gaseous,
or thermal irritant or contaminant including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes material to be recycled, reconditioned or reclaimed.
3. "Stock" means merchandise held in storage or for sale, raw materials and in-process or fin-ished goods, including supplies used in their packing or shipping.
4. "Water damage" means:
a. Flood, surface water, waves (including tidal wave and tsunami), tides, tidal water, over-flow of any body of water, or spray from any of these, all whether or not driven by wind (including storm surge);
b. Mudslide or mudflow;
c. Water that backs up or overflows or is oth-erwise discharged from a sewer, drain, sump, sump pump or related equipment;
d. Water under the ground surface pressing on, or flowing or seeping through:
(1) Foundations, walls, floors or paved surfaces;
(2) Basements, whether paved or not; or
(3) Doors, windows or other openings; or
e. Waterborne material carried or otherwise moved by any of the water referred to in Paragraph a., c. or d., or material carried or otherwise moved by mudslide or mudflow.
COMMERCIAL INLAND MARINE CONDITIONS
The following conditions apply in addition to the Common Policy Conditions and applicable Additional Conditions in Commercial Inland Marine Coverage Forms:
LOSS CONDITIONS A. Abandonment
There can be no abandonment of any property to us.
B. Appraisal
If we and you disagree on the value of the prop-erty or the amount of loss, either may make written demand for an appraisal of the loss. In this event, each party will select a competent and impartial appraiser. The two appraisers will select an um-pire. If they cannot agree, either may request that selection be made by a judge of a court having ju-risdiction. The appraisers will state separately the value of the property and amount of loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will:
1. Pay its chosen appraiser; and
2. Bear the other expenses of the appraisal and umpire equally.
If there is an appraisal, we will still retain our right to deny the claim.
C. Duties In The Event Of Loss
You must see that the following are done in the event of loss or damage to Covered Property:
1. Notify the police if a law may have been bro-ken.
2. Give us prompt notice of the loss or damage. Include a description of the property involved.
3. As soon as possible, give us a description of how, when and where the loss or damage oc-curred.
4. Take all reasonable steps to protect the Cov-ered Property from further damage, and keep a record of your expenses necessary to protect the Covered Property, for consideration in the settlement of the claim. This will not increase the Limit of Insurance. However, we will not pay for any subsequent loss or damage result-ing from a cause of loss that is not a Covered Cause of Loss. Also, if feasible, set the dam-aged property aside and in the best possible order for examination.
5. You will not, except at your own cost,
voluntar-ily make a payment, assume any obligation, or incur any expense without our consent.
6. As often as may be reasonably required,
per-mit us to inspect the property proving the loss or damage and examine your books and re-cords.
Also permit us to take samples of damaged and undamaged property for inspection, testing and analysis, and permit us to make copies from your books and records.
7. We may examine any insured under oath, while not in the presence of any other insured and at such times as may be reasonably re-quired, about any matter relating to this insur-ance or the claim, including an insured's books and records. In the event of an examination, an insured's answers must be signed.
8. Send us a signed, sworn proof of loss contain-ing the information we request to settle the claim. You must do this within 60 days after our request. We will supply you with the necessary forms.
9. Immediately send us copies of any demands,
notices, summonses or legal papers received in connection with the claim or suit.
10. Cooperate with us in the investigation or
set-tlement of the claim.
D. Insurance Under Two Or More Coverages
If two or more of this policy's coverages apply to the same loss or damage, we will not pay more than the actual amount of the loss or damage.
E. Loss Payment
1. We will give notice of our intentions within 30
days after we receive the sworn proof of loss.
2. We will not pay you more than your financial
interest in the Covered Property.
3. We may adjust losses with the owners of lost
or damaged property if other than you. If we pay the owners, such payments will satisfy your claim against us for the owners' property. We will not pay the owners more than their fi-nancial interest in the Covered Property.
4. We may elect to defend you against suits
aris-ing from claims of owners of property. We will do this at our expense.
5. We will pay for covered loss or damage within
30 days after we receive the sworn proof of loss if you have complied with all the terms of this Coverage Part and:
a. We have reached agreement with you on the amount of the loss; or
b. An appraisal award has been made.
6. We will not be liable for any part of a loss that has been paid or made good by others.
F. Other Insurance
1. You may have other insurance subject to the
same plan, terms, conditions and provisions as the insurance under this Coverage Part. If you do, we will pay our share of the covered loss or damage. Our share is the proportion that the applicable Limit of Insurance under this Cover-age Part bears to the Limits of Insurance of all insurance covering on the same basis.
2. If there is other insurance covering the same loss or damage, other than that described in 1. above, we will pay only for the amount of cov-ered loss or damage in excess of the amount due from that other insurance, whether you can collect on it or not. But we will not pay more than the applicable Limit of Insurance.
G. Pair, Sets Or Parts 1. Pair Or Set
In case of loss or damage to any part of a pair or set we may:
a. Repair or replace any part to restore the pair or set to its value before the loss or damage; or
b. Pay the difference between the value of the pair or set before and after the loss or dam-age.
2. Parts
In case of loss or damage to any part of Cov-ered Property consisting of several parts when complete, we will only pay for the value of the lost or damaged part.
H. Recovered Property
If either you or we recover any property after loss settlement, that party must give the other prompt notice. At your option, the property will be returned to you. You must then return to us the amount we paid to you for the property. We will pay recovery expenses and the expenses to repair the recov-ered property, subject to the Limit of Insurance.
I. Reinstatement Of Limit After Loss
The Limit of Insurance will not be reduced by the payment of any claim, except for total loss or dam-age of a scheduled item, in which event we will re-fund the unearned premium on that item.
J. Transfer Of Rights Of Recovery Against Others To Us
If any person or organization to or for whom we make payment under this Coverage Part has rights to recover damages from another, those rights are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to impair them. But you may waive your rights against another party in writing:
1. Prior to a loss to your Covered Property.
2. After a loss to your Covered Property only if, at time of loss, that party is one of the following:
a. Someone insured by this insurance; or
b. A business firm:
(1) Owned or controlled by you; or
(2) That owns or controls you. This will not restrict your insurance.
GENERAL CONDITIONS
A. Concealment, Misrepresentation Or Fraud
This Coverage Part is void in any case of fraud, in-tentional concealment or misrepresentation of a material fact, by you or any other insured, at any time, concerning:
1. This Coverage Part;
2. The Covered Property;
3. Your interest in the Covered Property; or
4. A claim under this Coverage Part.
B. Control Of Property
Any act or neglect of any person other than you beyond your direction or control will not affect this insurance.
The breach of any condition of this Coverage Part at any one or more locations will not affect cover-age at any location where, at the time of loss or damage, the breach of condition does not exist.
C. Legal Action Against Us
No one may bring a legal action against us under this Coverage Part unless:
1. There has been full compliance with all the terms of this Coverage Part; and
2. The action is brought within 2 years after you first have knowledge of the direct loss or
dam-D. No Benefit To Bailee
No person or organization, other than you, having custody of Covered Property will benefit from this insurance.
E. Policy Period, Coverage Territory
We cover loss or damage commencing:
1. During the policy period shown in the Declara-tions; and
2. Within the coverage territory.
F. Valuation
The value of property will be the least of the fol-lowing amounts:
1. The actual cash value of that property;
2. The cost of reasonably restoring that property to its condition immediately before loss or damage; or
3. The cost of replacing that property with sub-stantially identical property.
In the event of loss or damage, the value of prop-erty will be determined as of the time of loss or damage.
COMMERCIAL INLAND MARINE SIM 001 10 10
POLICY NUMBER:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDMENT OF DIFFERENCE IN CONDITIONS COVERAGE FORM -
COLLAPSE
This endorsement modifies insurance provided under the following:
DIFFERENCE IN CONDITIONS COVERAGE FORM
Section A. COVERAGE is amended to include the following:
4. Additional
Coverages
f. Collapse
(1) We will pay for direct physical loss or damage caused by “collapse” of a building insured
under this policy, if the “collapse” is caused by one or more of the following:
(a) The “specified cause of loss: or breakage of building glass, but only as insured
against under this policy;
(b) Hidden decay;
(c) Hidden insect or vermin damage;
(d) Weight of people or personal property;
(e) Weight of rain that collects on a roof;
(f) Use of defective material or methods in construction, remodeling or renovation, if
the “collapse” occurs during the course of construction, remodeling or renovation.
(2) With respect to the following property:
(a) Outdoor radio or television antennas (including satellite dishes) and their lead-in
wiring, masts or towers;
(b) Awnings, gutters and downspouts;
(c) Yard fixtures;
(d) Outdoor swimming pools;
(e) Fences;
(f) Bulkheads, pilings, piers, wharves and docks;
(g) Beach or diving platforms or appurtenances;
(h) Retaining walls; and
(i) Walks, roadways and other paved surfaces;
If the collapse is caused by a cause of loss listed in 4.f. (1)(b) through 4.f. (1)(f), we
will pay for Loss to that property only if:
(a) Such loss or damage is a direct result of the “collapse” of a building insured under
this policy; and
(b) The property is Covered Property under this policy.
COMMERCIAL INLAND MARINE SIM 001 10 10
Companion Specialty Insurance Company, 2010
(3) “Collapse” means an abrupt or complete falling down or caving of a building or any part
of a building with the result that the building or part of the building cannot be occupied for
its intended purpose. A building or any part of a building that is in imminent danger of
collapse is not considered to be in a stat of collapse. A building that is standing or any
part of a building that is standing is not considered to be in a stat of collapse even if it:
(a) Has separated from another part of a building; or
(b) Shows evidence of decay, insect, or vermin damage, cracking, bulging, sagging,
bending, leaning, settling, shrinkage or expansion.
(4) “Specified causes of loss,” means the following, but only to the extent these Causes of
Loss are covered causes of loss under this policy and notwithstanding that any of the
following may otherwise be excluded under Section B. “Exclusions”.
(a) Explosion
(b) Vehicles
(c) Vandalism
(d) Leakage from fire extinguishing equipment, other than an automatic sprinkler
system;
(e) Falling objects, but in this cause of loss does not apply to:
(1)
Personal property in the opening; or
(2)
The interior of a building or structure, or property, inside a building or
structure, unless the roof or an outside wall of the building is first damaged
by the falling object.
(f) Weight of snow, ice or sleet;
(g) Water damage, meaning the accidental discharge or leakage of water or steam as
the direct result of the breaking or cracking of any part of a system or appliance
containing water or steam.
COMMERCIAL INLAND MARINE SIM 003 10 10
POLICY NUMBER:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDMENT OF DIFFERENCE IN CONDITIONS COVERAGE FORM –
EARTH MOVEMENT EXCLUSION
This endorsement modifies insurance provided under the following:
DIFFERENCE IN CONDITIONS COVERAGE FORM
Section B. EXCLUSIONS, 2. is amended to include the following:
r. Earth
Movement
(1) Earthquake, including any earth sinking, rising or shifting related to such an event;
(2) Landslide, including any earth sinking, rising or shifting related to such an event;
(3) Mine subsidence, meaning subsidence of a man-made mine, whether or not mining
activity has ceased;
(4) Volcanic eruption, explosion or effusion.
Volcanic Action meaning direct loss or damage resulting from the eruption of a volcano
when loss or damage is caused by:
(a) Airborne volcanic blast or airborne shock waves;
(b) Ash, dust or particulate matter; or
(c) Lava flow.
(5) Earth sinking, including “sinkhole collapse”, rising or shifting including soil conditions
which cause settling, cracking or other disarrangement of foundations or other parts of
realty. Soils conditions include contraction, expansion, freezing, thawing, erosion,
improperly compacted soil and the action of water under the ground surface.
“Sinkhole collapse” means loss or damage caused by the sudden sinking or collapse of
land into underground empty spaces created by the action of water on limestone or similar
rock formations.
COMMERCIAL INLAND MARINE SIM 014 12 10
Companion Specialty Insurance Company, 2010 POLICY NUMBER:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ORDINANCE OR LAW
SPECIFIED PERILS COVERAGE FORM
This endorsement modifies insurance provided under the following:
DIFFERENCE IN CONDITIONS COVERAGE FORM SCHEDULE* Bldg. No./Prem. No. Coverage A
Coverage B Limit Of Insurance Coverage C Limit Of Insurance Coverage B And C Blanket Limit Of Insurance / $ $ $ ** / $ $ $ ** / $ $ $ **
* Information required to complete the Schedule, if not shown on this endorsement, will be shown in the Declarations.
** Do not enter a Blanket Limit of Insurance if individual Limits of Insurance are selected for Coverages B and C, or if one of these Coverages is not applicable.
A. Each Coverage ± Coverage A, Coverage B and Coverage C ± applies only if that Coverage(s) is chosen by entry in the above Schedule and then only with respect to the Building property identified for that Coverage(s) in the Schedule.
B. Application of Coverage(s)
The Coverage(s) provided by this endorsement apply only if both B.1. and B.2. are satisfied and are then subject to the qualifications set forth in B.3.
1. The Ordinance or Law:
a. Requires the demolition of parts of the same property not damaged by a Covered Cause of Loss; b. Regulates the construction or repair of buildings, or establishes zoning or land use requirements at the
described premises; and
c. Is in force at the time of loss.
2. a. The building sustains direct physical damage that is covered under this policy and such damage results
in enforcement of the ordinance or law; or
b. 7KHEXLOGLQJVXVWDLQVGLUHFWSK\VLFDOGDPDJHFDXVHE\RQHRUPRUHRIWKH³6SHFLILHG3HULOV´DQGWKH following additional conditions are complied with:
(1) Such damage results in enforcement of the ordinance or law; and
(2) $FODLPLVVXEPLWWHGWRWKHLQVXUDQFHFRPSDQ\WKDWSURYLGHVFRYHUDJHIRUWKH³6SHFLILHG3HULOV´WKDW caused the loss; and
(3) A payment is made by the insurance company that provides coverage IRUWKH³6SHFLILHG3HULOV´WKDW caused the loss; and
FDA0001104-1
COMMERCIAL INLAND MARINE SIM 014 12 10 (4) We are notified of the loss at the same time notification is provided to the insurance company that
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c. The building sustains both direct physical damage that is covered under B.2.a. or B.2.b. above and
direct physical damage that is not covered under this policy, and the building damage in its entirety results in enforcement of the ordinance or law.
d. But if the building sustains direct physical damage other than as described in B.2.a., B.2.b. or B.2.c.
above, and such damage is the subject of the ordinance or law, then there is no coverage under this endorsement.
3. In the situation describe in B.2.c. above, we will not pay the full amount of loss otherwise payable under the
terms of Coverages A, B and/or C of this endorsement. Instead, we will pay a proportion of such loss; meaning the proportion that the covered direct physical damage bears to the total direct physical damage. (Section J., of this endorsement provides an example of this procedure.)
However, if the covered direct physical damage alone would have resulted in enforcement of the ordinance or law, then we will pay the full amount of loss otherwise payable under the terms of Coverages A, B and/or C of this endorsement.
C. We will not pay under this endorsement for:
1. Enforcement of any ordinance or law which requires the demolition, repair, replacement, reconstruction,
remodeling or remediation of property due to contamination by "pollutants" or due to the presence, growth, proliferation, spread or any activity of "fungi", wet or dry rot or bacteria; or
2. The costs associated with the enforcement of any ordinance or law which requires any insured or others to
test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants", "fungi", wet or dry rot or bacteria.
D. Coverage
1. Coverage A ± Coverage For Loss To The Undamaged Portion Of The Building
If a Covered Cause of Loss occurs to covered Building property, we will pay under Coverage A for the loss in value of the undamaged portion of the building as a consequence of enforcement of any ordinance or law that requires the demolition of undamaged parts of the same building.
Coverage A is included within the Limit of Insurance shown in the Declarations as applicable to the covered Building property. Coverage A does not increase the Limit of Insurance.
2. Coverage B ± Demolition Cost Coverage
If a Covered Cause of Loss occurs to covered Building property, we will pay the cost to demolish and clear the site of undamaged parts of the property caused by enforcement of building, zoning or land use ordinance or law.
If the Coverage Form contains a Coinsurance provision, the provision does not apply to Demolition Cost Coverage.
3. Coverage C ± Increased Cost Of Construction Coverage
a. If a Covered Cause of Loss occurs to the covered Building property, we will pay for the increased cost
to:
(1) Repair or reconstruct damaged portions of that Building property; and/or
(2) Reconstruct or remodel undamaged portions of that Building property, whether or not demolition is
required;
when the increased cost is a consequence of enforcement of building, zoning or land use ordinance or law.
COMMERCIAL INLAND MARINE SIM 014 12 10
Companion Specialty Insurance Company, 2010 However:
(1) This coverage applies only if the restored or remodeled property is intended for similar occupancy
as the current property, unless such occupancy is not permitted by zoning or land use ordinance or law.
(2) We will not pay for the increased cost of construction if the building is not repaired, reconstructed or
remodeled.
If the Coverage Form contains a Coinsurance provision, the provision does not apply to Increased Cost of Construction Coverage.
b. When covered Building property is damaged or destroyed by a Covered Cause of Loss and Coverage C applies to that property in accordance with Paragraph 3.a., coverage for the increased cost of
construction also applies to repair or reconstruction of the following, subject to the same conditions stated in Paragraph 3.a.:
(1) The cost of excavations, grading, backfilling and filling; (2) Foundation of the building;
(3) Pilings; and
(4) Underground pipes, flues and drains.
The items listed in Paragraphs (1) through (4) are deleted from Property Not Covered, but only with respect to the coverage described in this Paragraph b.
E. Loss Payment
1. When Coverage A applies, loss to the building, including loss in value of the undamaged portion of the
building due to enforcement of an ordinance or law, will be determined as follows:
a. If the Replacement Cost Coverage Option applies and the property is repaired or replaced, on the
same or another premises, we will not pay more than the lesser of:
(1) The amount you actually spend to repair, rebuild or reconstruct the building, but not for more than
the amount it would cost to restore the building on the same premises and to the same height, floor area, style and comparable quality of the original property insured;
(2) The Limit of Insurance shown in the Declarations as applicable to the covered Building property; (3) The difference between the Limit of Insurance and the amount paid for the direct physical damage
to the building under tKLVSROLF\RUXQGHUDQRWKHUSROLF\ZLWKUHVSHFWWRWKH³6SHFLILHG3HULOV´RU
(4) $500,000
b. If the Replacement Cost Coverage Option applies and the property is not repaired or replaced, or if the
Replacement Cost Coverage Option does not apply, we will not pay more than the lesser of:
(1) The actual cash value of the building at the time of loss;
(2) The Limit of Insurance shown in the Declarations as applicable to the covered Building property; (3) The difference between the Limit of Insurance and the amount paid for the direct physical damage
WRWKHEXLOGLQJXQGHUWKLVSROLF\RUXQGHUDQRWKHUSROLF\ZLWKUHVSHFWWRWKH³6SHFLILHG3HULOV´RU
(4) $500,000
2. Unless Paragraph E.4. applies, loss payment under Coverage B ± Demolition Cost Coverage will be determined as follows:
We will not pay more than the lesser of the following:
a. The amount you actually spend to demolish and clear the site of the described premises; or b. The applicable Limit of Insurance shown for Coverage B in the Schedule.
3. Unless Paragraph E.4. applies, loss payment under Coverage C ± Increased Cost of Construction Coverage will be determined as follows:
COMMERCIAL INLAND MARINE SIM 014 12 10 (1) Until the property is actually repaired or replaced, at the same or another premises; and
(2) Unless the repairs or replacement are made as soon as reasonably possible after the loss or
damage, not to exceed two years. We may extend this period in writing during the two years.
b. If the building is repaired or replaced at the same premises, or if you elect to rebuild at another
premises, the most we will pay under Coverage C is the lesser of:
(1) The increased cost of construction at the same premises; or
(2) The applicable Limit of Insurance shown for Coverage C in the Schedule above.
c. If the ordinance or law requires relocation to another premises, the most we will pay under Coverage C
is the lesser of:
(1) The increased cost of construction at the new premises; or
(2) The applicable Limit of Insurance shown for Coverage C in the Schedule.
4. If a Blanket Limit of Insurance is shown for Coverages B and C in the Schedule, Paragraphs E.2. and E.3.
of this endorsement do not apply with respect to the Building property that is subject to the Blanket Limit, and the following loss payment provisions apply instead:
The most we will pay, for the total of all covered losses for Demolition Cost and Increased Cost of Construction, is the Blanket Limit of Insurance shown for Coverages B and C in the Schedule. Subject to this Blanket Limit of Insurance, the following loss payment provisions apply:
a. For Demolition Cost, we will not pay more than the amount you actually spend to demolish and clear
the site of the described premises.
b. With respect to the Increased Cost of Construction: (1) We will not pay for the increased cost of construction:
(a) Until the property is actually repaired or replaced, at the same or another premises; and
(b) Unless the repairs or replacement are made as soon as reasonably possible after the loss or
damage, not to exceed two years. We may extend this period in writing during the two years.
(2) If the building is repaired or replaced at the same premises, or if you elect to rebuild at another
premises, the most we will pay for the increased cost of construction is the increased cost of construction at the same premises.
(3) If the ordinance or law requires relocation to another premises, the most we will pay for the
increased cost of construction is the increased cost of construction at the new premises.
F. The terms of this endorsement apply separately to each building to which this endorsement applies. G. Under this endorsement we will not pay for loss due to any ordinance or law that:
1. You were required to comply with before the loss, even if the building was undamaged; and 2. You failed to comply with.
H. With respect to the Radio And Television Towers And Equipment Coverage Form, the following definition is
added:
"Pollutants" means any solid, liquid, gaseous, or thermal irritant or contaminant including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes material to be recycled, reconditioned or reclaimed.
I. Definitions ³6SHFLILHG3HULOV´PHDQVWKHIROORZLQJ 1. Fire; 2. Lightning; 3. Explosion; 4. Smoke; 5. Aircraft or Vehicles;
COMMERCIAL INLAND MARINE SIM 014 12 10
Companion Specialty Insurance Company, 2010
7. Vandalism;
8. Sprinkler Leakage
J. Proportionate Loss Payment Example
Example of proportionate Loss Payment for Ordinance or Law Coverage Losses (procedures as set forth in Section B.3. of this endorsement.)
Assume:
1. Part of the loss is the result of a Covered Cause of Loss; Part of the loss is the result of an excluded Cause of Loss
2. The building has a value of $500,000
3. Total direct physical damage to building: $300,000
4. The ordinance or law in this jurisdiction is enforced when the building damage equals or exceeds 50% of WKHEXLOGLQJ¶VYDOXH
5. Portion of direct physical damage that is covered (caused by a covered Cause of Loss): $75,000
6. Portion of direct physical damage that is not covered (Caused by an excluded Cause of Loss): $225,000
7. Loss under Ordinance or Law Coverage C of this endorsement: 100,000
Step 1:
Determine the proportion that the covered direct physical damage bears to the total direct physical damage. $75,000 / $300,000 = .25
Step 2:
Apply that proportion to the Ordinance or Law loss. $100,000 x .25 = $25,000
In this example, the most we will pay under this endorsement for the Coverage C loss is $25,000, subject to the applicable Limit of Insurance and any other applicable provisions.
Note: The same procedure applies to losses under Coverages A and B of this endorsement.
COMMERCIAL INLAND MARINE SIM 004 10 10
POLICY NUMBER:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDMENT OF DIFFERENCE IN CONDITIONS COVERAGE FORM –
EXCLUSION OF WATER, INCLUDING FLOOD
This endorsement modifies insurance provided under the following:
DIFFERENCE IN CONDITIONS COVERAGE FORM
Section B. EXCLUSIONS, 2. is amended to include the following:
s. Water
(1) Flood, surface water, waves, tides, tidal waves, overflow of any body of water, or their
spray, all whether driven by wind or not;
(2) Mudslide or mudflow;
(3) Water underground surface pressing on, or flowing or seeping through:
(a) Foundations, walls, floors or paved surfaces;
(b) Basements, whether paved or not; or
(c) Doors, windows or other openings.
COMMERCIAL INLAND MARINE SIM 005 10 10
Companion Specialty Insurance Company, 2010 POLICY NUMBER: