FMHO 943 (ED. 11-96)
To serve you best...
THIS POLICY IS NON ASSESSABLE
Liberty Mutual Group
Liberty Mutual has over 350 service offices throughout the United States
and Canada. Please contact your service office shown on your Declarations
Page to report losses, or for any changes or questions about your insurance.
Payments should be sent to the office indicated on your bill.
LIBERTYGUARD DELUXE HOMEOWNERS POLICY
HO 00 03 EDITION 04 91
TABLE OF CONTENTS Page
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Agreement
Definitions
SECTION I - PROPERTY COVERAGES
Coverage A Dwelling...........................
Coverage B Other Structures
Coverage C Personal Property
Additional Coverages...........................
Debris Removal................................
Reasonable Repairs...........................
Trees, Shrubs and Other Plants
Fire Department Service Charge..........
Property Removed
Credit Card, Fund Transfer Card, Forgery
Loss Assessment
Collapse
Glass or Safety Glazing Material
SECTION I - PERILS INSURED AGAINST
SECTION I - EXCLUSIONS
Ordinance or Law................................
Earth Movement .................................
Water Damage
Power Failure .....................................
Neglect
War
Nuclear Hazard
Intentional Loss ..................................
SECTION I - CONDITIONS
Insurable Interest and Limit of Liability
Your Duties After Loss ........................
Loss Settlement..................................
Loss to a Pair or Set ...........................
Glass Replacement
Appraisal
.............................
.............................................
.............................................
and Counterfeit Money
Our Option ........................................
Abandonment of Property.....................
Mortgage Clause.................................
No Benefit To Bailee............................
Nuclear Hazard Clause.........................
Recovered Property.............................
Volcanic Eruption Period ......................
SECTION II - LIABILITY COVERAGES
Coverage E Personal Liability ................
Coverage F Medical Payments to Others.
SECTION II - EXCLUSIONS
Coverage E Personal Liability and Coverage F
Medical Payments to Others ............
Coverage E Personal Liability ................
Coverage F Medical Payments to Others
SECTION II - ADDITIONAL COVERAGES
Claim Expenses ..................................
First Aid Expenses ..............................
Damage to Property of Others ..............
Loss Assessment................................
SECTION II - CONDITIONS
Limit of Liability
Severability of Insurance ......................
Duties After Loss ...............................
Duties of an Injured Person ..................
Payment of Claim ...............................
Suit Against Us ..................................
Bankruptcy of an Insured .....................
Other Insurance ..................................
SECTIONS I AND II - CONDITIONS
Policy Period ......................................
Concealment or Fraud .........................
Liberalization Clause ..........................
Waiver or Change of Policy Provisions ...
Cancellation .......................................
Non-Renewal
Assignment .......................................
Subrogation .......................................
Death................................................
*MUTUAL POLICY CONDITIONS
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3Coverage D Loss of Use.......................
Coverage A Dwelling and Coverage B
6
Other Structures.............................
6-7
Coverage C Personal Property...............
5-6Landlord's Furnishings ......................
10
10
Other Insurance
Suit Against Us ..................................
Loss Payment.....................................
.................................
8
8
8Weather Conditions
Acts or Decisions
Faulty, Inadequate or Defective.............
.............................
................................
10
*These conditions apply only if Liberty Mutual Fire Insurance Company is shown in the Declarations as the
insurer.
HOMEOWNERS 00 03 04 91
AGREEMENT
DEFINITIONS
SECTION I - PROPERTY COVERAGES
Page 1 of 16
We will provide the insurance described in this policy in return for the premium and compliance with all
applicable provisions of this policy.
In this policy, "you" and "your" refer to the
"named insured" shown in the Declarations and
the spouse if a resident of the same household.
"We," "us" and "our" refer to the Company
providing this insurance. In addition, certain words
and phrases are defined as follows:
1. "Bodily injury" means bodily harm, sickness or
disease, including required care, loss of
services and death that results.
2. "Business" includes trade, profession or
occupation.
3. "Insured" means you and residents of your
household who are:
a. Your relatives; or
b. Other persons under the age of 21 and in
the care of any person named above.
Under Section II, "insured" also means:
c. With respect to animals or watercraft to
which this policy applies, any person or
organization legally responsible for these
animals or watercraft which are owned by
you or any person included in 3.a. or 3.b.
above. A person or organization using or
having custody of these animals or
watercraft in the course of any "business"
or without consent of the owner is not an
"insured";
d. With respect to any vehicle to which this
policy applies:
(1) Persons while engaged in your employ
or that of any person included in 3.a.
or 3.b. above; or
(2) Other persons using the vehicle on an
"insured location" with your consent.
4. "Insured location" means:
a. The "residence premises";
b. The part of other premises, other
structures and grounds used by you as a
residence and:
(1) Which is shown in the Declarations; or
(2) Which is acquired by you during the
policy period for your use as a
residence;
c. Any premises used by you in connection
with a premises in 4.a. and 4.b. above;
d. Any part of a premises:
(1) Not owned by an "insured"; and
(2) Where an "insured" is temporarily
residing;
e. Vacant land, other than farm land, owned
by or rented to an "insured";
f. Land owned by or rented to an "insured"
on which a one or two family dwelling is
being built as a residence for an "insured";
g. Individual or family cemetery plots or burial
vaults of an "insured"; or
h. Any part of a premises occasionally rented
to an "insured" for other than "business"
use.
5. "Occurrence" means an accident, including
continuous or repeated exposure to
substantially the same general harmful
conditions, which results, during the policy
period, in:
a. "Bodily injury"; or
b. "Property damage."
6. "Property damage" means physical injury to,
destruction of, or loss of use of tangible
property.
7. "Residence employee" means:
a. An employee of an "insured" whose duties
are related to the maintenance or use of
the "residence premises," including
household or domestic services; or
b. One who performs similar duties elsewhere
not related to the "business" of an
"insured."
8. "Residence premises" means:
a. The one family dwelling, other structures,
and grounds; or
b. That part of any other building;
where you reside and which is shown as the
"residence premises" in the Declarations.
"Residence premises" also means a two family
dwelling where you reside in at least one of the
family units and which is shown as the
"residence premises" in the Declarations.
COVERAGE A - Dwelling
We cover:
1. The dwelling on the "residence premises"
shown in the Declarations,
including structures attached to the dwelling;
and
2. Materials and supplies located on or next to
the "residence premises" used to construct,
alter or repair the dwelling or other structures
on the "residence premises."
This coverage does not apply to land, including
land on which the dwelling is located.
Page 2 of 16
COVERAGE B - Other Structures
We cover other structures on the "residence
premises" set apart from the dwelling by clear
space. This includes structures connected to the
dwelling by only a fence, utility line, or similar
connection.
This coverage does not apply to land, including
land on which the other structures are located.
We do not cover other structures:
1. Used in whole or in part for "business"; or
2. Rented or held for rental to any person not a
tenant of the dwelling, unless used solely as a
private garage.
The limit of liability for this coverage will not be
more than 10% of the limit of liability that applies
to Coverage A. Use of this coverage does not
reduce the Coverage A limit of liability.
COVERAGE C - Personal Property
We cover personal property owned or used by an
"insured" while it is anywhere in the world. At
your request, we will cover personal property
owned by:
1. Others while the property is on the part of the
"residence premises" occupied by an
"insured";
2. A guest or a "residence employee," while the
property is in any residence occupied by an
"insured."
Our limit of liability for personal property usually
located at an "insured's" residence, other than the
"residence premises," is 10% of the limit of
liability for Coverage C, or $1000, whichever is
greater. Personal property in a newly acquired
principal residence is not subject to this limitation
for the 30 days from the time you begin to move
the property there.
Special Limits of Liability. These limits do not
increase the Coverage C limit of liability. The
special limit for each numbered category below is
the total limit for each loss for all property in that
category.
1. $200 on money, bank notes, bullion, gold
other than goldware, silver other than
silverware, platinum, coins and medals.
2. $1000 on securities, accounts, deeds,
evidences of debt, letters of credit, notes other
than bank notes, manuscripts, personal
records, passports, tickets and stamps. This
dollar limit applies to these categories
regardless of the medium (such as paper or
computer software) on which the material
exists.
This limit includes the cost to research, replace
or restore the information from the lost or
damaged material.
3. $1000 on watercraft, including their trailers,
furnishings, equipment and outboard engines
or motors.
4. $1000 on trailers not used with watercraft.
5. $1000 for loss by theft of jewelry, watches,
furs, precious and semi-precious stones.
6. $2000 for loss by theft of firearms.
7. $2500 for loss by theft of silverware,
silver-plated ware, goldware, gold-plated ware
and pewterware. This includes flatware,
hollowware, tea sets, trays and trophies made
of or including silver, gold or pewter.
8. $2500 on property, on the "residence
premises," used at any time or in any manner
for any "business" purpose.
9. $250 on property, away from the "residence
premises," used at any time or in any manner
for any "business" purpose. However, this
limit does not apply to loss to adaptable
electronic apparatus as described in Special
Limits 10. and 11. below.
10. $1000 for loss to electronic apparatus, while in
or upon a motor vehicle or other motorized
land conveyance, if the electronic apparatus is
equipped to be operated by power from the
electrical system of the vehicle or conveyance
while retaining its capability of being operated
by other sources of power. Electronic
apparatus includes:
a. Accessories or antennas; or
b. Tapes, wires, records, discs or other media;
for use with any electronic apparatus.
11. $1000 for loss to electronic apparatus, while
not in or upon a motor vehicle or other
motorized land conveyance, if the electronic
apparatus:
a. Is equipped to be operated by power from
the electrical system of the vehicle or
conveyance while retaining its capability of
being operated by other sources of power;
b. Is away from the "residence premises";
and
c. Is used at any time or in any manner for
any "business" purpose.
Electronic apparatus includes:
a. Accessories or antennas; or
b. Tapes, wires, records, discs or other
media;
for use with any electronic apparatus.
Property Not Covered. We do not cover:
1. Articles separately described and specifically
insured in this or other insurance;
2. Animals, birds or fish;
3. Motor vehicles or all other motorized land
conveyances.
This includes:
a. Their equipment and accessories; or
b. Electronic apparatus that is designed to be
operated solely by use of the power from
the electrical system of motor vehicles or
all other motorized land conveyances.
Electronic apparatus includes:
(1) Accessories or antennas; or
Page 3 of 16
(2) Tapes, wires, records, discs or other
media;
for use with any electronic apparatus.
The exclusion of property described in 3.a.
and 3.b. above applies only while the
property is in or upon the vehicle or
conveyance.
We do cover vehicles or conveyances not
subject to motor vehicle registration which are:
a. Used to service an "insured's" residence;
or
b. Designed for assisting the handicapped;
4. Aircraft and parts. Aircraft means any
contrivance used or designed for flight, except
model or hobby aircraft not used or designed
to carry people or cargo;
5. Property of roomers, boarders and other
tenants, except property of roomers and
boarders related to an "insured";
6. Property in an apartment regularly rented or
held for rental to others by an "insured,"
except as provided in Additional Coverages
10.;
7. Property rented or held for rental to others off
the "residence premises";
8. "Business" data, including such data stored in:
a. Books of account, drawings or other paper
records; or
b. Electronic data processing tapes, wires,
records, discs or other software media;
However, we do cover the cost of blank
recording or storage media, and of
pre-recorded computer programs available on
the retail market; or
9. Credit cards or fund transfer cards except as
provided in Additional Coverages 6.
COVERAGE D - Loss Of Use
The limit of liability for Coverage D is the total limit
for all the coverages that follow.
1. If a loss covered under this Section makes that
part of the "residence premises" where you
reside not fit to live in, we cover, at your
choice, either of the following. However, if the
"residence premises" is not your principal place
of residence, we will not provide the option
under paragraph b. below.
a. Additional Living Expense, meaning any
necessary increase in living expenses
incurred by you so that your household
can maintain its normal standard of living;
or
b. Fair Rental Value, meaning the fair rental
value of that part of the "residence
premises" where you reside less any
expenses that do not continue while the
premises is not fit to live in.
Payment under a. or b. will be for the shortest
time required to repair or replace the damage
or, if you permanently relocate, the shortest
time required for your household to settle
elsewhere.
2. If a loss covered under this Section makes that
part of the "residence premises" rented to
others or held for rental by you not fit to live
in, we cover the:
Fair Rental Value, meaning the fair rental
value of that part of the "residence
premises" rented to others or held for rental
by you less any expenses that do not
continue while the premises is not fit to live
in.
Payment will be for the shortest time required
to repair or replace that part of the premises
rented or held for rental.
3. If a civil authority prohibits you from use of the
"residence premises" as a result of direct
damage to neighboring premises by a Peril
Insured Against in this policy, we cover the
Additional Living Expense and Fair Rental Value
loss as provided under 1. and 2. above for no
more than two weeks.
The periods of time under 1., 2. and 3. above are
not limited by expiration of this policy.
We do not cover loss or expense due to
cancellation of a lease or agreement.
ADDITIONAL COVERAGES
1. Debris Removal. We will pay your reasonable
expense for the removal of:
a. Debris of covered property if a Peril Insured
Against that applies to the damaged
property causes the loss; or
b. Ash, dust or particles from a volcanic
eruption that has caused direct loss to a
building or property contained in a building.
This expense is included in the limit of liability
that applies to the damaged property. If the
amount to be paid for the actual damage to the
property plus the debris removal expense is
more than the limit of liability for the damaged
property, an additional 5% of that limit of
liability is available for debris removal expense.
We will also pay your reasonable expense, up
to $500, for the removal from the "residence
premises" of:
a. Your tree(s) felled by the peril of
Windstorm or Hail;
b. Your tree(s) felled by the peril of Weight of
Ice, Snow or Sleet; or
c. A neighbor's tree(s) felled by a Peril
Insured Against under Coverage C;
provided the tree(s) damages a covered
structure. The $500 limit is the most we will
pay in any one loss regardless of the number
of fallen trees.
2. Reasonable Repairs. In the event that covered
property is damaged by an applicable Peril
Insured Against, we will pay the reasonable
cost incurred by you for necessary measures
taken solely to protect against further damage.
Page 4 of 16
If the measures taken involve repair to other
damaged property, we will pay for those
measures only if that property is covered under
this policy and the damage to that property is
caused by an applicable Peril Insured Against.
This coverage:
a. Does not increase the limit of liability that
applies to the covered property;
b. Does not relieve you of your duties, in case
of a loss to covered property, as set forth
in SECTION I - CONDITION 2.d.
3. Trees, Shrubs and Other Plants. We cover
trees, shrubs, plants or lawns, on the
"residence premises," for loss caused by the
following Perils Insured Against: Fire or
lightning, Explosion, Riot or civil commotion,
Aircraft, Vehicles not owned or operated by a
resident of the "residence premises,"
Vandalism or malicious mischief or Theft.
We will pay up to 5% of the limit of liability
that applies to the dwelling for all trees,
shrubs, plants or lawns. No more than $500
of this limit will be available for any one tree,
shrub or plant. We do not cover property
grown for "business" purposes.
This coverage is additional insurance.
4. Fire Department Service Charge. We will pay
up to $500 for your liability assumed by
contract or agreement for fire department
charges incurred when the fire department is
called to save or protect covered property from
a Peril Insured Against. We do not cover fire
department service charges if the property is
located within the limits of the city,
municipality or protection district furnishing the
fire department response.
This coverage is additional insurance. No
deductible applies to this coverage.
5. Property Removed. We insure covered
property against direct loss from any cause
while being removed from a premises
endangered by a Peril Insured Against and for
no more than 30 days while removed. This
coverage does not change the limit of liability
that applies to the property being removed.
6. Credit Card, Fund Transfer Card, Forgery and
Counterfeit Money.
We will pay up to $500 for:
a. The legal obligation of an "insured" to
pay because of the theft or unauthorized
use of credit cards issued to
or registered in an "insured's" name;
b. Loss resulting from theft or unauthorized
use of a fund transfer card used for
deposit, withdrawal or transfer of funds,
issued to or registered in an "insured's"
name;
c. Loss to an "insured" caused by forgery or
alteration of any check or negotiable
instrument; and
d. Loss to an "insured" through acceptance in
good faith of counterfeit United States or
Canadian paper currency.
We do not cover use of a credit card or fund
transfer card:
a. By a resident of your household;
b. By a person who has been entrusted with
either type of card; or
c. If an "insured" has not complied with all
terms and conditions under which the
cards are issued.
All loss resulting from a series of acts
committed by any one person or in which any
one person is concerned or implicated is
considered to be one loss.
We do not cover loss arising out of "business"
use or dishonesty of an "insured."
This coverage is additional insurance. No
deductible applies to this coverage.
Defense:
a. We may investigate and settle any claim or
suit that we decide is appropriate. Our
duty to defend a claim or suit ends when
the amount we pay for the loss equals our
limit of liability.
b. If a suit is brought against an "insured" for
liability under the Credit Card or Fund
Transfer Card coverage, we will provide a
defense at our expense by counsel of our
choice.
c. We have the option to defend at our
expense an "insured" or an "insured's"
bank against any suit for the enforcement
of payment under the Forgery coverage.
7. Loss Assessment. We will pay up to $1000
for your share of loss assessment charged
during the policy period against you by a
corporation or association of property owners,
when the assessment is made as a result of
direct loss to the property, owned by all
members collectively, caused by a Peril Insured
Against under COVERAGE A - DWELLING,
other than earthquake or land shock waves or
tremors before, during or after a volcanic
eruption.
This coverage applies only to loss
assessments charged against you as owner or
tenant of the "residence premises."
We do not cover loss assessments charged
against you or a corporation or association of
property owners by any governmental body.
The limit of $1000 is the most we will pay
with respect to any one loss, regardless of the
number of assessments.
Page 5 of 16
Condition 1. Policy Period, under SECTIONS I
AND II CONDITIONS, does not apply to this
coverage.
8. Collapse. We insure for direct physical loss to
covered property involving collapse of a
building or any part of a building caused only
by one or more of the following:
a. Perils Insured Against in COVERAGE C -
PERSONAL PROPERTY. These perils apply
to covered buildings and personal property
for loss insured by this additional coverage;
b. Hidden decay;
c. Hidden insect or vermin damage;
d. Weight of contents, equipment, animals or
people;
e. Weight of rain which collects on a roof; or
f. Use of defective material or methods in
construction, remodeling or renovation if
the collapse occurs during the course of
the construction, remodeling or renovation.
Loss to an awning, fence, patio, pavement,
swimming pool, underground pipe, flue, drain,
cesspool, septic tank, foundation, retaining
wall, bulkhead, pier, wharf or dock is not
included under items b., c., d., e., and f.
unless the loss is a direct result of the collapse
of a building.
Collapse does not include settling, cracking,
shrinking, bulging or expansion.
This coverage does not increase the limit of
liability applying to the damaged covered
property.
9. Glass or Safety Glazing Material.
We cover:
a. The breakage of glass or safety glazing
material which is part of a covered
building, storm door or storm window; and
b. Damage to covered property by glass or
safety glazing material which is part of a
building, storm door or storm window.
This coverage does not include loss on the
"residence premises" if the dwelling has been
vacant for more than 30 consecutive days
immediately before the loss. A dwelling being
constructed is not considered vacant.
Loss for damage to glass will be settled on the
basis of replacement with safety glazing
materials when required by ordinance or law.
This coverage does not increase the limit of
liability that applies to the damaged property.
10. Landlord's Furnishings. We will pay up to
$2500 for your appliances, carpeting and other
household furnishings, in an apartment on the
"residence premises" regularly rented or held
for rental to others by an "insured," for loss
caused only by the following Perils Insured
Against:
a. Fire or lightning.
b. Windstorm or hail.
This peril does not include loss to the
property contained in a building caused by
rain, snow, sleet, sand or dust unless the
direct force of wind or hail damages the
building causing an opening in a roof or wall
and the rain, snow, sleet, sand or dust enters
through this opening.
This peril includes loss to watercraft and
their trailers, furnishings, equipment, and
outboard engines or motors, only while inside
a fully enclosed building.
c. Explosion.
d. Riot or civil commotion.
e. Aircraft, including self-propelled missiles and
spacecraft.
f. Vehicles.
g. Smoke, meaning sudden and accidental
damage from smoke.
This peril does not include loss caused by
smoke from agricultural smudging or
industrial operations.
h. Vandalism or malicious mischief.
i. Falling objects.
This peril does not include loss to property
contained in a building unless the roof or an
outside wall of the building is first damaged
by a failing object. Damage to the falling
object itself is not included.
j. Weight of ice, snow or sleet which causes
damage to property contained in a building.
k. Accidental discharge or overflow of water or
steam from within a plumbing, heating, air
conditioning or automatic fire protective
sprinkler system or from within a household
appliance.
This peril does not include loss:
(1) To the system or appliance from which
the water or steam escaped;
(2) Caused by or resulting from freezing
except as provided in the peril of freezing
below; or
(3) On the "residence premises" caused by
accidental discharge or overflow which
occurs off the "residence premises."
In this peril, a plumbing system does not
include a sump, sump pump or related
equipment.
l. Sudden and accidental tearing apart,
cracking, burning or bulging of a steam or
hot water heating system, an air conditioning
or automatic fire protective sprinkler system,
or an appliance for heating water.
We do not cover loss caused by or resulting
from freezing under this peril.
SECTION I - PERILS INSURED AGAINST
Page 6 of 16
m. Freezing of a plumbing, heating, air
conditioning or automatic fire protective
sprinkler system or of a household appliance.
This peril does not include loss on the
"residence premises" while the dwelling is
unoccupied, unless you have used reasonable
care to:
(1) Maintain heat in the building; or
(2) Shut off the water supply and drain the
system and appliances of water.
n. Sudden and accidental damage from
artificially generated electrical current.
This peril does not include loss to a tube,
transistor or similar electronic component.
o. Volcanic eruption other than loss caused by
earthquake, land shock waves or tremors.
The$2500 limit is the most we will pay in any
one loss regardless of the number of appliances,
carpeting or other household furnishings involved
in the loss.
COVERAGE A - DWELLING and COVERAGE B -
OTHER STRUCTURES
We insure against risk of direct loss to property
described in Coverages A and B only if that loss is
a physical loss to property. We do not insure,
however, for loss:
1. Involving collapse, other than as provided in
Additional Coverage 8.;
2. Caused by:
a. Freezing of a plumbing, heating, air
conditioning or automatic fire protective
sprinkler system or of a household
appliance, or by discharge, leakage or
overflow from within the system or
appliance caused by freezing. This
exclusion applies only while the dwelling is
vacant, unoccupied or being constructed,
unless you have used reasonable care to:
(1) Maintain heat in the building; or
(2) Shut off the water supply and drain the
system and appliances of water;
b. Freezing, thawing, pressure or weight of
water or ice, whether driven by wind or
not, to a:
(1) Fence, pavement, patio or swimming
pool;
(2) Foundation, retaining wall, or bulkhead;
or
(3) Pier, wharf or dock;
c. Theft in or to a dwelling under
construction, or of materials and supplies
for use in the construction until the
dwelling is finished and occupied;
d. Vandalism and malicious mischief if the
dwelling has been vacant for more than 30
consecutive days immediately before the
loss. A dwelling being constructed is not
considered vacant;
e. Any of the following:
(1) Wear and tear, marring, deterioration;
(2) Inherent vice, latent defect, mechanical
breakdown;
(3) Smog, rust or other corrosion, mold,
wet or dry rot;
(4) Smoke from agricultural smudging or
industrial operations;
(5) Discharge, dispersal, seepage,
migration, release or escape of
pollutants unless the discharge,
dispersal, seepage, migration, release
or escape is itself caused by a Peril
Insured Against under Coverage C of
this policy.
Pollutants means any solid, liquid,
gaseous or thermal irritant or
contaminant, including smoke, vapor,
soot, fumes, acids, alkalis, chemicals
and waste. Waste includes materials
to be recycled, reconditioned or
reclaimed;
(6) Settling, shrinking, bulging or
expansion, including resultant cracking,
of pavements, patios, foundations,
walls, floors, roofs or ceilings;
(7) Birds, vermin, rodents, or insects; or
(8) Animals owned or kept by an
"insured."
If any of these cause water damage not
otherwise excluded, from a plumbing,
heating, air conditioning or automatic fire
protective sprinkler system or household
appliance, we cover loss caused by the
water including the cost of tearing out and
replacing any part of a building necessary
to repair the system or appliance. We do
not cover loss to the system or appliance
from which this water escaped.
3. Excluded under Section I - Exclusions.
Under items 1. and 2., any ensuing loss to
property described in Coverages A and B not
excluded or excepted in this policy is covered.
COVERAGE C - PERSONAL PROPERTY
We insure for direct physical loss to the property
described in Coverage C caused by a peril listed
below unless the loss is excluded in SECTION I -
EXCLUSIONS.
1. Fire or lightning.
2. Windstorm or hail.
This peril does not include loss to the property
contained in a building caused by rain, snow,
sleet, sand or dust unless the direct force of
wind or hail damages the building causing an
opening in a roof or wall and the rain, snow,
Page 7 of 16
SECTION I - EXCLUSIONS
sleet, sand or dust enters through this opening.
This peril includes loss to watercraft and their
trailers, furnishings, equipment, and outboard
engines or motors, only while inside a fully
enclosed building.
3. Explosion.
4. Riot or civil commotion.
5. Aircraft, including self-propelled missiles and
spacecraft.
6. Vehicles.
7. Smoke, meaning sudden and accidental
damage from smoke.
This peril does not include loss caused by
smoke from agricultural smudging or industrial
operations.
8. Vandalism or malicious mischief.
9. Theft, including attempted theft and loss of
property from a known place when it is likely
that the property has been stolen.
This peril does not include loss caused by
theft:
a. Committed by an "insured";
b. In or to a dwelling under construction, or
of materials and supplies for use in the
construction until the dwelling is finished
and occupied; or
c. From that part of a "residence premises"
rented by an "insured" to other than an
"insured."
This peril does not include loss caused by
theft that occurs off the "residence
premises" of:
a. Property while at any other residence
owned by, rented to, or occupied by an
"insured" except while an "insured" is
temporarily living there. Property of a
student who is an "insured" is covered
while at a residence away from home if the
student has been there at any time during
the 45 days immediately before the loss;
b. Watercraft, and their furnishings,
equipment and outboard engines or
motors; or
c. Trailers and campers.
10. Falling objects.
This peril does not include loss to property
contained in a building unless the roof or an
outside wall of the building is first damaged by
a falling object. Damage to the falling object
itself is not included.
11. Weight of ice, snow or sleet which causes
damage to property contained in a building.
12. Accidental discharge or overflow of water or
steam from within a plumbing, heating, air
conditioning or automatic fire protective
sprinkler system or from within a household
appliance.
This peril does not include loss:
a. To the system or appliance from which the
water or steam escaped;
b. Caused by or resulting from freezing except
as provided in the peril of freezing below;
or
c. On the "residence premises" caused by
accidental discharge or overflow which
occurs off the "residence premises."
In this peril, a plumbing system does not
include a sump, sump pump or related
equipment.
13. Sudden and accidental tearing apart, cracking,
burning or bulging of a steam or hot water
heating system, an air conditioning or
automatic fire protective sprinkler system, or
an appliance for heating water.
We do not cover loss caused by or resulting
from freezing under this peril.
14. Freezing of a plumbing, heating, air
conditioning or automatic fire protective
sprinkler system or of a household appliance.
This peril does not include loss on the
"residence premises" while the dwelling is
unoccupied, unless you have used reasonable
care to:
a. Maintain heat in the building; or
b. Shut off the water supply and drain the
system and appliances of water.
15. Sudden and accidental damage from artificially
generated electrical current.
This peril does not include loss to a tube,
transistor or similar electronic component.
16. Volcanic eruption other than loss caused by
earthquake, land shock waves or tremors.
1. We do not insure for loss caused directly or
indirectly by any of the following. Such loss is
excluded regardless of any other cause or
event contributing concurrently or in any
sequence to the loss.
a. Ordinance or Law, meaning enforcement of
any ordinance or law regulating the
construction, repair, or demolition of a
building or other structure, unless
specifically provided under this policy.
b. Earth Movement, meaning earthquake
including land shock waves or tremors
before, during or after a volcanic
eruption; landslide; mine subsidence;
mudflow; earth sinking, rising or shifting;
unless direct loss by:
(1) Fire;
(2) Explosion; or
(3) Breakage of glass or safety glazing
material which is part of a building,
storm door or storm window;
Page 8 of 16
SECTION I - CONDITIONS
ensues and then we will pay only for the
ensuing loss.
This exclusion does not apply to loss by
theft.
c. Water Damage, meaning:
(1) Flood, surface water, waves, tidal
water, overflow of a body of water, or
spray from any of these, whether or
not driven by wind;
(2) Water which backs up through sewers
or drains or which overflows from a
sump; or
(3) Water below the surface of the ground,
including water which exerts pressure
on or seeps or leaks through a building,
sidewalk, driveway, foundation,
swimming pool or other structure.
Direct loss by fire, explosion or theft
resulting from water damage is covered.
d. Power Failure, meaning the failure of power
or other utility service if the failure takes
place off the "residence premises." But, if
a Peril Insured Against ensues on the
"residence premises," we will pay only for
that ensuing loss.
e. Neglect, meaning neglect of the "insured"
to use all reasonable means to save and
preserve property at and after the time of a
loss.
f. War, including the following and any
consequence of any of the following:
(1) Undeclared war, civil war, insurrection,
rebellion or revolution;
(2) Warlike act by a military force or
military personnel; or
(3) Destruction, seizure or use for a military
purpose.
Discharge of a nuclear weapon will be
deemed a warlike act even if accidental.
g. Nuclear Hazard, to the extent set forth in the
Nuclear Hazard Clause of SECTION I -
CONDITIONS.
h. Intentional Loss, meaning any loss arising out
of any act committed:
(1) By or at the direction of an "insured";
and
(2) With the intent to cause a loss.
2. We do not insure for loss to property described
in Coverages A and B caused by any of the
following. However, any ensuing loss to
property described in Coverages A and B not
excluded or excepted in this policy is covered.
a. Weather conditions. However, this
exclusion only applies if weather conditions
contribute in any way with a cause or
event excluded in paragraph 1. above to
produce the loss;
b. Acts or decisions, including the failure to
act or decide, of any person, group,
organization or governmental body;
c. Faulty, inadequate or defective:
(1) Planning, zoning, development,
surveying, siting;
(2) Design, specifications, workmanship,
repair, construction, renovation,
remodeling, grading, compaction;
(3) Materials used in repair, construction,
renovation or remodeling; or
(4) Maintenance;
of part or all of any property whether on or
off the "residence premises."
1. Insurable Interest and Limit of Liability.
Even if more than one person has an insurable
interest in the property covered, we will not be
liable in any one loss:
a. To the "insured" for more than the amount
of the "insured's" interest at the time of
loss; or
b. For more than the applicable limit of
liability.
2. Your Duties After Loss. In case of a loss to
covered property, you must see that the
following are done:
a. Give prompt notice to us or our agent;
b. Notify the police in case of loss by theft;
c. Notify the credit card or fund transfer card
company in case of loss under Credit Card
or Fund Transfer Card coverage;
d. Protect the property from further damage.
If repairs to the property are required, you
must:
(1) Make reasonable and necessary repairs
to protect the property; and
(2) Keep an accurate record of repair
expenses;
e. Prepare an inventory of damaged personal
property showing the quantity, description,
actual cash value and amount of loss.
Attach all bills, receipts and related
documents that justify the figures in the
inventory;
f. As often as we reasonably require:
(1) Show the damaged property;
(2) Provide us with records and documents
we request and permit us to make
copies; and
(3) Submit to examination under oath,
while not in the presence of any other
"insured," and sign the same;
g. Send to us, within 60 days after our
request, your signed, sworn proof of loss
Page 9 of 16
which sets forth, to the best of your
knowledge and belief:
(1) The time and cause of loss;
(2) The interest of the "insured" and all
others in the property involved and all
liens on the property;
(3) Other insurance which may cover the
loss;
(4) Changes in title or occupancy of the
property during the term of the policy;
(5) Specifications of damaged buildings
and detailed repair estimates;
(6) The inventory of damaged personal
property described in 2.e. above;
(7) Receipts for additional living expenses
incurred and records that support the
fair rental value loss; and
(8) Evidence or affidavit that supports a
claim under the Credit Card, Fund
Transfer Card, Forgery and Counterfeit
Money coverage, stating the amount
and cause of loss.
3. Loss Settlement. Covered property losses are
settled as follows:
a. Property of the following types:
(1) Personal property;
(2) Awnings, carpeting, household
appliances, outdoor antennas and
outdoor equipment, whether or not
attached to buildings; and
(3) Structures that are not buildings;
at actual cash value at the time of loss but
not more than the amount required to
repair or replace.
b. Buildings under Coverage A or B at
replacement cost without deduction for
depreciation, subject to the following:
(1) If, at the time of loss, the amount of
insurance in this policy on the damaged
building is 80% or more of the full
replacement cost of the building
immediately before the loss, we will
pay the cost to repair or replace, after
application of deductible and without
deduction for depreciation, but not
more than the least of the following
amounts:
(a) The limit of liability under this
policy that applies to the building;
(b) The replacement cost of that part
of the building damaged for like
construction and use on the same
premises; or
(c) The necessary amount actually
spent to repair or replace the
damaged building.
(2) If, at the time of loss, the amount of
insurance in this policy on the damaged
building is less than 80% of the full
replacement cost of the building
immediately before the loss, we will
pay the greater of the following
amounts, but not more than the limit of
liability under this policy that applies to
the building:
(a) The actual cash value of that part
of the building damaged; or
(b) That proportion of the cost to
repair or replace, after application
of deductible and without
deduction for depreciation, that
part of the building damaged,
which the total amount of
insurance in this policy on the
damaged building bears to 80% of
the replacement cost of the
building.
(3) To determine the amount of insurance
required to equal 80% of the full
replacement cost of the building
immediately before the loss, do not
include the value of:
(a) Excavations, foundations, piers or
any supports which are below the
undersurface of the lowest
basement floor;
(b) Those supports in (a) above which
are below the surface of the ground
inside the foundation walls, if there
is no basement; and
(c) Underground flues, pipes, wiring
and drains.
(4) We will pay no more than the actual
cash value of the damage until actual
repair or replacement is complete.
Once actual repair or replacement is
complete, we will settle the loss
according to the provisions of b.(1) and
b.(2) above.
However, if the cost to repair or
replace the damage is both:
(a) Less than 5% of the amount of
insurance in this policy on the
building; and
(b) Less than $2500;
we will settle the loss according to the
provisions of b.(1) and b.(2) above
whether or not actual repair or
replacement is complete.
(5) You may disregard the replacement
cost loss settlement provisions and
make claim under this policy for loss or
damage to buildings on an actual cash
value basis. You may then make claim
Page 10 of 16
within 180 days after loss for any additional
liability according to the provisions of this
Condition 3. Loss Settlement.
4. Loss to a Pair or Set. In case of loss to a pair
or set we may elect to:
a. Repair or replace any part to restore the
pair or set to its value before the loss; or
b. Pay the difference between actual cash
value of the property before and after the
loss.
5. Glass Replacement. Loss for damage to glass
caused by a Peril Insured Against will be
settled on the basis of replacement with safety
glazing materials when required by ordinance
or law.
6. Appraisal. If you and we fail to agree on the
amount of loss, either may demand an
appraisal of the loss. In this event, each party
will choose a competent appraiser within 20
days after receiving a written request from the
other. The two appraisers will choose an
umpire. If they cannot agree upon an umpire
within 15 days, you or we may request that
the choice be made by a judge of a court of
record in the state where the "residence
premises" is located. The appraisers will
separately set the amount of loss. If the
appraisers submit a written report of an
agreement to us, the amount agreed upon will
be the amount of loss. If they fail to agree,
they will submit their differences to the umpire.
A decision agreed to by any two will set the
amount of loss.
Each party will:
a. Pay its own appraiser; and
b. Bear the other expenses of the appraisal
and umpire equally.
7. Other Insurance. If a loss covered by this
policy is also covered by other insurance, we
will pay only the proportion of the loss that the
limit of liability that applies under this policy
bears to the total amount of insurance covering
the loss.
8. Suit Against Us. No action can be brought
unless the policy provisions have been
complied with and the action is started within
one year after the date of loss.
9. Our Option. If we give you written notice
within 30 days after we receive your signed,
sworn proof of loss, we may repair or replace
any part of the damaged property with like
property.
10. Loss Payment. We will adjust all losses with
you. We will pay you unless some other
person is named in the policy or is legally
entitled to receive payment. Loss will be
payable 60 days after we receive your proof of
loss and:
a. Reach an agreement with you;
b. There is an entry of a final judgement; or
c. There is a filing of an appraisal award with
us.
11. Abandonment of Property. We need not
accept any property abandoned by an
"insured."
12. Mortgage Clause.
The word "mortgagee" includes trustee.
If a mortgagee is named in this policy, any loss
payable under Coverage A or B will be paid to
the mortgagee and you, as interests appear. If
more than one mortgagee is named, the order
of payment will be the same as the order of
precedence of the mortgages.
If we deny your claim, that denial will not
apply to a valid claim of the mortgagee, if the
mortgagee:
a. Notifies us of any change in ownership,
occupancy or substantial change in risk of
which the mortgagee is aware;
b. Pays any premium due under this policy on
demand if you have neglected to pay the
premium; and
c. Submits a signed, sworn statement of loss
within 60 days after receiving notice from
us of your failure to do so. Policy
conditions relating to Appraisal, Suit
Against Us and Loss Payment apply to the
mortgagee.
If we decide to cancel or not to renew this
policy, the mortgagee will be notified at least
10 days before the date cancellation or
nonrenewal takes effect.
If we pay the mortgagee for any loss and deny
payment to you:
a. We are subrogated to all the rights of the
mortgagee granted under the mortgage on
the property; or
b. At our option, we may pay to the
mortgagee the whole principal on the
mortgage plus any accrued interest. In this
event, we will receive a full assignment
and transfer of the mortgage and all
securities held as collateral to the mortgage
debt.
Subrogation will not impair the right of the
mortgagee to recover the full amount of the
mortgagee's claim.
13. No Benefit to Bailee. We will not recognize
any assignment or grant any coverage that
benefits a person or organization holding,
storing or moving property for a fee regardless
of any other provision of this policy.
14. Nuclear Hazard Clause.
a. "Nuclear Hazard" means any nuclear
reaction, radiation, or radioactive
contamination, all whether controlled or
uncontrolled or however caused, or any
consequence of any of these.
Page 11 of 16
SECTION II - LIABILITY COVERAGES
SECTION II - EXCLUSIONS
under this policy, you or we will notify the
other of the recovery. At your option, the
property will be returned to or retained by you
or it will become our property. If the recovered
property is returned to or retained by you, the
loss payment will be adjusted based on the
amount you received for the recovered
property.
16. Volcanic Eruption Period. One or more
volcanic eruptions that occur within a 72-hour
period will be considered as one volcanic
eruption.
COVERAGE E - Personal Liability
If a claim is made or a suit is brought against an
"insured" for damages because of "bodily injury"
or "property damage" caused by an "occurrence"
to which this coverage applies, we will:
1. Pay up to our limit of liability for the damages
for which the "insured" is legally liable.
Damages include prejudgment interest awarded
against the "insured"; and
2. Provide a defense at our expense by counsel of
our choice, even if the suit is
groundless, false or fraudulent. We may
investigate and settle any claim or suit that we
decide is appropriate. Our duty to settle or
defend ends when the amount we pay for
damages resulting from the "occurrence"
equals our limit of liability.
COVERAGE F - Medical Payments To Others
We will pay the necessary medical expenses that
are incurred or medically ascertained within
three years from the date of an accident
causing "bodily injury." Medical expenses means
reasonable charges for medical, surgical,
x-ray, dental, ambulance, hospital, professional
nursing, prosthetic devices and funeral services.
This coverage does not apply to you or regular
residents of your household except "residence
employees." As to others, this coverage applies
only:
1. To a person on the "insured location" with the
permission of an "insured"; or
2. To a person off the "insured location," if the
"bodily injury":
a. Arises out of a condition on the "insured
location" or the ways immediately
adjoining;
b. Is caused by the activities of an "insured";
c. Is caused by a "residence employee" in the
course of the "residence employee's"
employment by an "insured"; or
d. Is caused by an animal owned by or in the
care of an "insured."
1. Coverage E - Personal Liability and Coverage F
- Medical Payments to Others do not apply to
"bodily injury" or "property damage":
a. Which is expected or intended by the
"insured";
b. Arising out of or in connection with a
"business" engaged in by an "insured."
This exclusion applies but is not limited to
an act or omission, regardless of its nature
or circumstance, involving a service or duty
rendered, promised, owed, or implied to be
provided because of the nature of the
"business";
c. Arising out of the rental or holding for
rental of any part of any premises by an
"insured." This exclusion does not apply
to the rental or holding for rental of an
"insured location":
(1) On an occasional basis if used only as
a residence;
(2) In part for use only as a residence,
unless a single family unit is intended
for use by the occupying family to
lodge more than two roomers or
boarders; or
(3) In part, as an office, school, studio or
private garage;
d. Arising out of the rendering of or failure to
render professional services;
e. Arising out of a premises:
(1) Owned by an "insured";
(2) Rented to an "insured"; or
(3) Rented to others by an "insured";
that is not an "insured location";
f. Arising out of:
(1) The ownership, maintenance, use,
loading or unloading of motor vehicles
or all other motorized land
conveyances, including trailers, owned
or operated by or rented or loaned to
an "insured";
b. Loss caused by the nuclear hazard will not
be considered loss caused by fire,
explosion, or smoke, whether these perils
are specifically named in or otherwise
included within the Perils Insured Against
in Section I.
c. This policy does not apply under Section I
to loss caused directly or indirectly by
nuclear hazard, except that direct loss by
fire resulting from the nuclear hazard is
covered.
15. Recovered Property. If you or we recover any
property for which we have made payment
Page 12 of 16
(2) The entrustment by an "insured" of a
motor vehicle or any other motorized
land conveyance to any person; or
(3) Vicarious liability, whether or not
statutorily imposed, for the actions of a
child or minor using a conveyance
excluded in paragraph (1) or (2) above.
This exclusion does not apply to:
(1) A trailer not towed by or carried on a
motorized land conveyance.
(2) A motorized land conveyance designed
for recreational use off public roads,
not subject to motor vehicle
registration and:
(a) Not owned by an "insured"; or
(b) Owned by an "insured" and on an
"insured location";
(3) A motorized golf cart when used to
play golf on a golf course;
(4) A vehicle or conveyance not subject to
motor vehicle registration which is:
(a) Used to service an "insured's"
residence;
(b) Designed for assisting the
handicapped; or
(c) In dead storage on an "insured
location";
g. Arising out of:
(1) The ownership, maintenance, use,
loading or unloading of an excluded
watercraft described below;
(2) The entrustment by an "insured" of an
excluded watercraft described below to
any person; or
(3) Vicarious liability, whether or not
statutorily imposed, for the actions of a
child or minor using an excluded
watercraft described below.
Excluded watercraft are those that are
principally designed to be propelled by
engine power or electric motor, or are
sailing vessels, whether owned by or
rented to an "insured." This exclusion
does not apply to watercraft:
(1) That are not sailing vessels and are
powered by:
(a) Inboard or inboard-outdrive engine
or motor power of 50 horsepower
or less not owned by an "insured";
(b) Inboard or inboard-outdrive engine
or motor power of more than 50
horsepower not owned by or
rented to an "insured";
(c) One or more outboard engines or
motors with 25 total horsepower or
less;
(d) One or more outboard engines or
motors with more than 25 total
horsepower if the outboard engine
or motor is not owned by an
"insured";
(e) Outboard engines or motors of
more than 25 total horsepower
owned by an "insured" if:
(i) You acquire them prior to the
policy period; and
(a) You declare them at policy
inception; or
(b) Your intention to insure is
reported to us in writing
within 45 days after you
acquire the outboard
engines or motors.
(ii) You acquire them during the
policy period.
This coverage applies for the policy
period.
(2) That are sailing vessels, with or
without auxiliary power:
(a) Less than 26 feet in overall length;
(b) 26 feet or more in overall length,
not owned by or rented to an
"insured."
(3) That are stored;
h. Arising out of:
(1) The ownership, maintenance, use,
loading or unloading of an aircraft;
(2) The entrustment by an "insured" of an
aircraft to any person; or
(3) Vicarious liability, whether or not
statutorily imposed, for the actions of a
child or minor using an aircraft.
An aircraft means any contrivance used or
designed for flight, except model or hobby
aircraft not used or designed to carry people
or cargo;
i. Caused directly or indirectly by war,
including the following and any consequence
of any of the following:
(1) Undeclared war, civil war, insurrection,
rebellion or revolution;
(2) Warlike act by a military force or military
personnel; or
(3) Destruction, seizure or use for a military
purpose.
Discharge of a nuclear weapon will be
deemed a warlike act even if accidental;
j. Which arises out of the transmission of a
communicable disease by an "insured";
k. Arising out of sexual molestation, corporal
punishment or physical or mental abuse; or
l. Arising out of the use, sale, manufacture,
delivery, transfer or possession by any
person of a Controlled Substance(s) as
Page 13 of 16
SECTION II - ADDITIONAL COVERAGES
defined by the Federal Food and Drug Law at
21 U.S.C.A. Sections 811 and 812.
Controlled Substances include but are not
limited to cocaine, LSD, marijuana and all
narcotic drugs. However, this exclusion
does not apply to the legitimate use of
prescription drugs by a person following the
orders of a licensed physician.
Exclusions e., f., g., and h. do not apply to
"bodily injury" to a "residence employee" arising
out of and in the course of the "residence
employees" employment by an "insured."
2. Coverage E - Personal Liability, does not apply
to:
a. Liability:
(1) For any loss assessment charged
against you as a member of an
association, corporation or community
of property owners;
(2) Under any contract or agreement.
However, this exclusion does not apply
to written contracts:
(a) That directly relate to the
ownership, maintenance or use of
an "insured location"; or
(b) Where the liability of others is
assumed by the "insured" prior to
an "occurrence";
unless excluded in (1) above or
elsewhere in this policy;
b. "Property damage" to property owned by
the "insured";
c. "Property damage" to property rented to,
occupied or used by or in the care of the
"insured." This exclusion does not apply
to "property damage" caused by fire,
smoke or explosion;
d. "Bodily injury" to any person eligible to
receive any benefits:
(1) Voluntarily provided; or
(2) Required to be provided;
by the "insured" under any:
(1) Workers' compensation law;
(2) Non-occupational disability law; or
(3) Occupational disease law;
e. "Bodily injury" or "property damage" for
which an "insured" under this policy:
(1) Is also an insured under a nuclear
energy liability policy; or
(2) Would be an insured under that policy
but for the exhaustion of its limit of
liability.
A nuclear energy liability policy is one
issued by:
(1) American Nuclear Insurers;
(2) Mutual Atomic Energy Liability
Under-writers;
(3) Nuclear Insurance Association of
Canada;
or any of their successors; or
f. "Bodily injury" to you or an "insured"
within the meaning of part a. or b. of
"insured" as defined.
3. Coverage F - Medical Payments to Others,
does not apply to "bodily injury":
a. To a "residence employee" if the "bodily
injury":
(1) Occurs off the "insured location"; and
(2) Does not arise out of or in the course
of the "residence employee's"
employment by an "insured";
b. To any person eligible to receive benefits:
(1) Voluntarily provided; or
(2) Required to be provided;
under any:
(1) Workers' compensation law;
(2) Non-occupational disability law; or
(3) Occupational disease law;
c. From any:
(1) Nuclear reaction;
(2) Nuclear radiation; or
(3) Radioactive contamination;
all whether controlled or uncontrolled or
however caused; or
(4) Any consequence of any of these; or
d. To any person, other than a "residence
employee" of an "insured," regularly
residing on any part of the "insured
location."
We cover the following in addition to the limits of
liability:
1. Claim Expenses. We pay:
a. Expenses we incur and costs taxed against
an "insured" in any suit we defend;
b. Premiums on bonds required in a suit we
defend, but not for bond amounts more
than the limit of liability for Coverage E.
We need not apply for or furnish any bond;
c. Reasonable expenses incurred by an
"insured" at our request, including actual
loss of earnings (but not loss of other
income) up to $50 per day, for assisting us
in the investigation or defense of a claim or
suit; and
d. Interest on the entire judgment which
accrues after entry of the judgment and
before we pay or tender, or deposit in
court that part of the judgment which does
not exceed the limit of liability that applies.
Page 14 of 16
SECTION II - CONDITIONS
2. First Aid Expenses. We will pay expenses for
first aid to others incurred by an "insured" for
"bodily injury" covered under this policy. We
will not pay for first aid to you or any other
"insured."
3. Damage to Property of Others. We will pay, at
replacement cost, up to $500 per "occurrence"
for "property damage" to property of others
caused by an "insured."
We will not pay for "property damage":
a. To the extent of any amount recoverable
under Section I of this policy;
b. Caused intentionally by an "insured" who
is 13 years of age or older;
c. To property owned by an "insured";
d. To property owned by or rented to a tenant
of an "insured" or a resident in your
household; or
e. Arising out of:
(1) A "business" engaged in by an "insured";
(2) Any act or omission in connection with a
premises owned, rented or controlled by an
"insured," other than the "insured
location"; or
(3) The ownership, maintenance, or use of
aircraft, watercraft or motor vehicles or all
other motorized land conveyances.
This exclusion does not apply to a
motorized land conveyance designed for
recreational use off public roads, not
subject to motor vehicle registration and
not owned by an "insured."
4. Loss Assessment. We will pay up to $1000
for your share of loss assessment charged
during the policy period against you by a
corporation or association of property owners,
when the assessment is made as a result of:
a. "Bodily injury" or "property damage" not
excluded under Section II of this policy; or
b. Liability for an act of a director, officer or
trustee in the capacity as a director, officer
or trustee, provided:
(1) The director, officer or trustee is elected
by the members of a corporation or
association of property owners; and
(2) The director, officer or trustee serves
without deriving any income from the
exercise of duties which are solely on
behalf of a corporation or association of
property owners.
This coverage applies only to loss assessments
charged against you as owner or tenant of the
"residence premises."
We do not cover loss assessments charged
against you or a corporation or association of
property owners by any governmental body.
Regardless of the number of assessments, the
limit of $1000 is the most we will pay for loss
arising out of:
a. One accident, including continuous or
repeated exposure to substantially the same
general harmful condition; or
b. A covered act of a director, officer or trustee.
An act involving more than one director,
officer or trustee is considered to be a single
act.
The following do not apply to this coverage:
1. Section II - Coverage E - Personal Liability
Exclusion 2.a.(1);
2. Condition 1. Policy Period, under SECTIONS I
AND II - CONDITIONS.
1. Limit of Liability. Our total liability under
Coverage E for all damages resulting from any
one "occurrence" will not be more than the
limit of liability for Coverage E as shown in the
Declarations. This limit is the same regardless
of the number of "insureds," claims made or
persons injured. All "bodily injury" and
"property damage" resulting from any one
accident or from continuous or repeated
exposure to substantially the same general
harmful conditions shall be considered to be
the result of one "occurrence."
Our total liability under Coverage F for all
medical expense payable for "bodily injury" to
one person as the result of one accident
will not be more than the limit of liability for
Coverage F as shown in the Declarations.
2. Severability of Insurance. This insurance
applies separately to each "insured." This
condition will not increase our limit of liability
for any one "occurrence."
3. Duties After Loss. In case of an accident or
"occurrence," the "insured" will perform the
following duties that apply. You will help us
by seeing that these duties are performed:
a. Give written notice to us or our agent as
soon as is practical, which sets forth:
(1) The identity of the policy and
"insured";
(2) Reasonably available information on the
time, place and circumstances of the
accident or "occurrence"; and
(3) Names and addresses of any claimants
and witnesses;
b. Promptly forward to us every notice,
demand, summons or other process
relating to the accident or "occurrence";
Page 15 of 16
SECTIONS I AND II - CONDITIONS
c. At our request, help us:
(1) To make settlement;
(2) To enforce any right of contribution or
indemnity against any person or
organization who may be liable to an
"insured";
(3) With the conduct of suits and attend
hearings and trials; and
(4) To secure and give evidence and obtain
the attendance of witnesses;
d. Under the coverage - Damage to Property
of Others - submit to us within 60 days
after the loss, a sworn statement of loss
and show the damaged property, if in the
"insured's" control;
e. The "insured" will not, except at the
"insured's" own cost, voluntarily make
payment, assume obligation or incur
expense other than for first aid to others at
the time of the "bodily injury."
4. Duties of an Injured Person - Coverage F -
Medical Payments to Others.
The injured person or someone acting for the
injured person will:
a. Give us written proof of claim, under oath
if required, as soon as is practical; and
b. Authorize us to obtain copies of medical
reports and records.
The injured person will submit to a physical
exam by a doctor of our choice when and as
often as we reasonably require.
5. Payment of Claim - Coverage F - Medical
Payments to Others. Payment under this
coverage is not an admission of liability by an
"insured" or us.
6. Suit Against Us. No action can be brought
against us unless there has been compliance
with the policy provisions.
No one will have the right to join us as a party
to any action against an "insured." Also, no
action with respect to Coverage E can be
brought against us until the obligation of the
"insured" has been determined by final
judgment or agreement signed by us.
7. Bankruptcy of an Insured. Bankruptcy or
insolvency of an "insured" will not relieve us of
our obligations under this policy.
8. Other Insurance - Coverage E - Personal
Liability. This insurance is excess over other
valid and collectible insurance except insurance
written specifically to cover as excess over the
limits of liability that apply in this policy.
1. Policy Period. This policy applies only to loss
in Section I or "bodily injury" or "property
damage" in Section II, which occurs during the
policy period.
2. Concealment or Fraud. The entire policy will
be void if, whether before or after a loss, an
"insured" has:
a. Intentionally concealed or misrepresented
any material fact or circumstance;
b. Engaged in fraudulent conduct; or
c. Made false statements;
relating to this insurance.
3. Liberalization Clause. If we make a change
which broadens coverage under this edition
of our policy without additional premium
charge, that change will automatically apply
to your insurance as of the date we implement
the change in your state, provided that this
implementation date falls within 60 days prior
to or during the policy period stated in the
Declarations.
This Liberalization Clause does not apply to
changes implemented through introduction of a
subsequent edition of our policy.
4. Waiver or Change of Policy Provisions.
A waiver or change of a provision of this policy
must be in writing by us to be valid. Our
request for an appraisal or examination will not
waive any of our rights.
5. Cancellation.
a. You may cancel this policy at any time by
returning it to us or by letting us know in
writing of the date cancellation is to take
effect.
b. We may cancel this policy only for the
reasons stated below by letting you know
in writing of the date cancellation takes
effect. This cancellation notice may be
delivered to you, or mailed to you at your
mailing address shown in the Declarations.
Proof of mailing will be sufficient proof of
notice.
(1) When you have not paid the premium,
we may cancel at any time by letting
you know at least 10 days before the
date cancellation takes effect.
(2) When this policy has been in effect for
less than 60 days and is not a renewal
with us, we may cancel for any reason
by letting you know at least 10 days
before the date cancellation takes
effect.
(3) When this policy has been in effect for
60 days or more, or at any time if it is
a renewal with us, we may cancel:
(a) If there has been a material
misrepresentation of fact which if
known to us would have caused us
not to issue the policy; or
Page 16 of 16
*MUTUAL POLICY CONDITIONS
Copyright, Insurance Services Office, Inc., 1990
Includes copyrighted material of Insurance Services Office, with its permission.
PRESIDENT
SECRETARY
(b) If the risk has changed substantially
since the policy was issued.
This can be done by letting you know
at least 30 days before the date
cancellation takes effect.
(4) When this policy is written for a period
of more than one year, we may cancel
for any reason at anniversary by letting
you know at least 30 days before the
date cancellation takes effect.
c. When this policy is cancelled, the premium
for the period from the date of cancellation
to the expiration date will be refunded pro
rata.
d. If the return premium is not refunded with
the notice of cancellation or when this
policy is returned to us, we will refund it
within a reasonable time after the date
cancellation takes effect.
6. Nonrenewal. We may elect not to renew this
policy. We may do so by delivering to you, or
mailing to you at your mailing address shown
in the Declarations, written notice at least 30
days before the expiration date of this policy.
Proof of mailing will be sufficient proof of
notice.
7. Assignment. Assignment of this policy will not
be valid unless we give our written consent.
8. Subrogation. An "insured" may waive in
writing before a loss all rights of recovery
against any person. If not waived, we may
require an assignment of rights of recovery for
a loss to the extent that payment is made by
us.
If an assignment is sought, an "insured" must
sign and deliver all related papers and
cooperate with us.
Subrogation does not apply under Section II to
Medical Payments to Others or Damage to
Property of Others.
9. Death. If any person named in the
Declarations or the spouse, if a resident of the
same household, dies:
a. We insure the legal representative of the
deceased but only with respect to the
premises and property of the deceased
covered under the policy at the time of
death;
b. "Insured" includes:
(1) Any member of your household who is
an "insured" at the time of your death,
but only while a resident of the
"residence premises"; and
(2) With respect to your property, the
person having proper temporary
custody of the property until
appointment and qualification of a legal
representative.
You are a member of the Liberty Mutual Fire Insurance Company while this policy is in force. Membership
entitles you to vote in person or by proxy at meetings of the company. The Annual Meeting is in Boston,
Massachusetts, on the second Wednesday in April each year at 11 o'clock in the morning.
Also, as a member, you will receive any dividends declared on this policy by the Directors.
This policy is classified in Dividend Class II.
This policy has been signed by our President and Secretary at Boston, Massachusetts, and countersigned on
the Declarations Page by an authorized representative.
*These conditions apply only if Liberty Mutual Fire Insurance Company is shown in the Declarations as the
insurer.