HomeMy WebLinkAboutC-2854 - City Animal ShelterADDENDUM TO SHELTER CONTRACT
The parties to the Shelter Contract agree that Section 7(a) of the contract shall be
amended to read as follows:
SPAY NEUTER DEPOSITS. If a dog or cat is adopted from the shelter by a person who
had no previous interest in the dog or cat, Veterinarian will collect from said person a
spay/neuter deposit as provided by, and in compliance with, Sections 30503(b) and
31751.3(b) of the Food and Agriculture Code. The spay/neuter deposit shall be no less
or no more than the amounts set by these Codes.
DATED: 5 �449 D2.
DATED:
F:\users\cat\shared\cp\CyndMan\letter\ShelterContract.doc
BY
Ci(y of Newport B ch
BY �.
ANIMAL CONTROL AGREEMENT
THIS AGREEMENT, is made and entered into, effective the 1st day of May , 2001,
by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter
referred to as "City", DOVER SHORES PET CARE CENTER, a California corporation,
at 2075 Newport Boulevard, Costa Mesa, California 92627, hereinafter referred to as
"Veterinarian."
WITNESSETH:
WHEREAS, under its Municipal Code, the City of Newport Beach is obligated to
impound and keep fowl and animals found running at large; and
WHEREAS, the Code requires the licensing and vaccination of dogs kept within
the City; and
WHEREAS, City does not have facilities suitable for impounding and keeping
fowl, dogs, cats or other animals; and
WHEREAS, Veterinarian has facilities for receiving and caring for fowl and
animals that may be picked up running at large on the City streets,
NOW, THEREFORE, the parties agree:
1. Animal Care. Veterinarian agrees to receive and care for any dog, cat, bird, fowl,
or animal other than a horse, cow, or animal too large to be cared for in his facilities
(hereinafter referred to collectively as "animal"), that is delivered to him by the City.
2. Inspection Hours. Visitors shall be permitted to view all impounded animals
during normal inspection hours. Normal inspection hours shall include either a Saturday
or one evening a week (except weeks with holidays). Shelter shall permit visitor viewing
of impounded animals at least thirty-five (35) hours a week (except weeks with
holidays). Inspection hours shall be posted so as to be easily observable at the front
exterior of the shelter.
a) The Shelter will be closed on the following holidays and their extensions:
Holiday Holiday Description
Independence Day
July 4
Labor Day
1St Monday in September
Veteran's Day
November 11
Thanksgiving Day
4th Thursday in November
Christmas Eve'
1/2 Day
Christmas Day
December 25
New Year's Eve
1/2 Day
New Year's Day
January 1
President's Day
3`d Monday in February
Memorial Day
Last Monday in May
Holidays occurring on a Sunday shall be observed the following Monday.
b) The normal animal inspection hours will be:
Tuesday through Friday 10:00 AM to 5:00 PM
Monday and Saturday 10:00 AM to 3:00 PM
Sunday — Closed
c) Veterinarian may change the specific times of the normal inspection hours
with the written consent of the Patrol / Traffic Division Commander of the
City Police Department, as long as the minimum viewing hours
requirement as stated in paragraph 2 "Inspection Hours" is met.
3. Holding Period. Unless claimed by the owner sooner, Veterinarian will hold any
animal delivered to him for the following periods:
a) All animals shall be held a minimum of four days. Said holding period does
not include the day of impoundment. At the discretion of the Animal Control
2
Officer, if any animal bears identification, said animal shall be held for six (6)
days. This six (6) day period shall not include any day the shelter is closed.
b) Sundays, holidays or any other day the Shelter is closed shall not accrue to
the holding period.
c) The holding period will not apply if the Veterinarian or Animal Control Officer
determines the individual circumstances to be extraordinary (e.g. suffering
irremediably, wild, vicious, dangerous to humans, rabid, etc.)
d) For the purposes of the "Holding Period', "Animal" means any dog, cat,
rabbit, guinea pig, hamster, pot-bellied pig, bird, lizard, snake, turtle or
tortoise legally allowed as personal property.
4. Disposition of Impounded Animals. After the holding period, Veterinarian may
dispose of an animal either by selling it in accordance with the terms of Section 1208.5
of the Code of Civil Procedure, or by destroying it in accordance with Sections 7.16.020
and 7.16.060 of the Newport Beach Municipal Code, and any applicable State Law. Or,
Veterinarian may place the animal in his Pals for Pets adoption program, and attempt to
adopt said animal on a best effort basis. Animals that are scheduled for euthanasia,
which are not considered extraordinary circumstances, may, at the request of any 501
(c) (3) Internal Revenue Code animal rescue or adoption organization, be released to
said organization subject to standard fees.
5. Fees for Services. Upon redeeming an animal, the owner must pay all fees
accrued, including boarding, medical treatment, vaccination, safekeeping and/or
quarantine fees. Veterinarian shall collect from owner the impound fees and dog
license fees established by Resolution of the City Council.
a) (1) Boarding Fees. Veterinarian shall retain a boarding fee for each day, or
part thereof, an animal is in his care. Boarding fees shall be established by
Resolution of the City Council. Veterinarian shall collect from the owner said
Boarding Fees for all impounded animals when they are claimed.
c
a) (2) Veterinarian shall bill the City monthly for the boarding fees of all animals
delivered to him by the City, which were not claimed by their owners.
b) Safekeeping Fees. Safekeeping fees shall be established by Resolution of
the City Council.
c) Quarantine Fees. Quarantine fees shall be established by Resolution of the
City Council.
d) Rabies Vaccination Fee. In the event Veterinarian is required to dispense an
inoculation against rabies to any Animal delivered by City, Veterinarian shall
charge a fee established by Resolution of the City Council for the inoculation.
The fee shall be collected from the owner or any other person to whom the
Animal is sold or delivered.
6. Adoptions. Veterinarian shall, on a best effort basis, attempt to adopt all animals
in his care that are suitable for adoption. During the holding period, if an animal is
adopted by a person or organization that had no previous interest in the Animal,
Veterinarian will collect from said person or organization an adoption fee established by
Resolution of the City Council.
Said adoptions for dogs and cats shall include one set of basic health vaccinations
[(dogs-DHLPP) (cats-FVRCPC)], rabies vaccination, physical examination and spaying,
neutering, or a certificate of sterility as appropriate.
7. Spay and Neuter. All dogs and cats adopted during the holding period shall be
spayed or neutered as required by applicable State law. Surgery shall be performed at
the sole discretion of Veterinarian in compliance with the California Veterinary Practice
Act.
If a dog or cat is unable to be spayed or neutered for medical reasons at the time of
adoption, Veterinarian shall collect a refundable deposit:
4
a) Spay Neuter Deposits. If a dog or cat is adopted from the shelter by a person
who had no previous interest in the dog or cat, Veterinarian will collect from
said person a spay/neuter deposit as provided by, and in compliance with,
Sections 30503 and 31751 of the Food and Agriculture Code. The
spay/neuter deposit shall be a maximum of seventy-five dollars ($75) for dogs
and thirty dollars ($30.00) for cats.
b) Spay Neuter Deposit Refunds. Pet owners may reclaim their deposit from
Veterinarian by presenting a certificate of sterilization, along with a receipt for
the surgery, within the prescribed period. An accounting of spay/neuter
deposit collections and refunds shall be made to the City Revenue Manager
monthly.
8. Special Handling. In the course of providing animal control services, both parties
acknowledge that situations arise that are neither predictable nor routine. Veterinarian
shall, on a best efforts basis, provide any and all services that the City requests of him.
Fees for these services will be determined by Veterinarian on an individual basis and
will be billed to the City monthly subject to approval by the Animal Control Officer. Said
services shall include but not be limited to the following: long term hold for trial, boarding
and/or treating exotic and/or unusual pets, Penal Code Section 597 necropsies, Penal
Code Section 597 abuse, and other forensic issues.
9. Emergency Medical Treatment. In the event Veterinarian is required to perform
emergency services and / or medical treatment for any injured animal delivered to him
by City, the fee for said services shall be collected from the owner to whom said animal
is delivered. Or, in the case of an adopted animal or an unclaimed animal destroyed or
disposed of by Veterinarian pursuant to this Contract, City shall pay such fee. However,
Veterinarian shall not charge the City a fee that exceeds one hundred dollars ($100.00)
for emergency care, or fifty dollars ($50.00)_in case of non -emergency medical
treatment.
5
10. Shelter Coordinator. Veterinarian will provide a designated Shelter Coordinator
whose duties will be dedicated to the operations of the shelter a minimum of twenty (20)
hours per week. Said duties will include: public information, public relations,
coordinating shelter activities with the veterinary hospital, coordinating shelter activities
with the City, facilitating information exchange between the shelter and the City, and
presentation of monthly reports and statistics regarding shelter operations.
11. FEES.
Base Contract Fee. City shall pay Veterinarian a fee for costs associated with
clerical services, euthanasia, disposal, salaries, and other operating costs
pertaining to animal impound services. Veterinarian will bill City on a monthly
basis, for these costs as accrued under this base contract fee, an amount not to
exceed Three thousand five hundred forty four dollars and eighty two cents
($ 3,544.82).
Boarding Fees. City shall pay Veterinarian a fee for animal boarding services.
Veterinarian will bill City, on a monthly basis, a fee for each animal impounded
pursuant to this contract which is neither claimed by an owner nor adopted during
the holding period. Said fee shall not exceed seventy dollars ($70.00) per Animal.
In the case of small snakes, small birds, guinea pigs, hamsters, and similar
Animals, which may require less care than the average dog or cat, said fee shall
not exceed forty-five dollars ($45.00) per animal
Spay and Neuter Fees. City shall pay Veterinarian a fee for spaying and
neutering. Veterinarian will bill the City a fee for spaying or neutering all
adoptable cats and dogs, leaving the Shelter, other than with the original owner,
as required by State Law, of $98 per animal.
Biennial Adjustment. Said base contract fee, emergency and non -emergency
medical fee cap, City boarding fee cap and spay and neuter fee shall be adjusted
biennially on July 1St , beginning in 2002, to reflect the percentage change in the
cost of doing business as measured by the Consumer Price Index (Los Angeles -
Anaheim -Riverside).
Charges For Service. Veterinarian agrees to charge and collect fees for service
as established by Resolution of the City Council of the City of Newport Beach.
12. Continuing Education. Both parties agree that from time to time a designated
individual employed at the Shelter will be called upon to attend educational meetings
and/or to represent the Shelter at locations other than the shelter proper. City shall
provide funds not to exceed six hundred dollars ($600.00) per year for actual costs
associated with continuing education. In addition, 144 hours of paid salary shall be
budgeted for the same year to be applied to the actual time said employee is involved
with the activity. Veterinarian shall bill City the hourly rate to which the employee is
entitled plus 25% of said rate.
13. Record Keeping. Veterinarian shall keep records to show the date each animal
is delivered to him by City, the time it is kept, the disposition of it, the amount of fees or
charges collected from the owner or person to whom it is sold or delivered. These
records shall be open and available for inspection by City. All revenues from City dog
license, the unclaimed spay and neuter deposits, and fifty percent of impound fees,
collected by Veterinarian shall be remitted to City monthly. All other fees shall be
retained by Veterinarian. Veterinarian understands City can claim reimbursement for
certain costs from the State of California under SB -90 and agrees to collect and keep all
records identified by the Revenue Manager necessary for filing such claim during the
normal course of business. Veterinarian also agrees to provide copies of identified
records within 10 working days of request. City agrees to compensate Veterinarian for
reasonable costs associated with recreating records Veterinarian was not previously
directed to maintain.
14. Monthly Billing. At the end of each month, Veterinarian shall bill the City for the
charges that have accrued during such month pursuant to this Contract. These shall
include the base contract fee, boarding fees (less those boarding fees already collected
from owners who have claimed impounded animals), special handling fees, emergency
and / or medical treatment, fees for spaying and neutering dogs and cats, and other
expenditures including, but not limited to, medical supplies for City, Shelter -equipment,
printing forms, etc. as approved by the Senior Animal Control Officer.
15. Standard of Practice. Both parties acknowledge that Veterinarian and the facility
(Dover Shores Pet Care Center) engaged for use under this Contract are both fully
licensed and regulated by the authority given the California Department of Consumer
Affairs' State Board of Veterinary Medicine under the Veterinary Practice Act.
Veterinarian shall be required to insure that both the facility, and the standard of
veterinary medicine practiced at said facility, are in full compliance with the California
Veterinary Practice Act.
16. Indemnification. Veterinarian agrees to indemnify, defend, save and hold
harmless City, its City Council, boards and commissions, officers and employees from
and against any and all loss, damages, liability, claims, suites, costs and expenses for
damages of any nature whatsoever, including, but not limited to, bodily injury, death,
personal injury, property damages, attorneys fees and court costs arising from any and
all negligent action of Veterinarian, its employees, agents or subcontracts in the
performance of services or work conducted or performed pursuant to this Agreement.
17. Insurance. Without limiting Veterinarian's indemnification of City, Veterinarian
will obtain and maintain at its own expense during the term of this Agreement policy or
policies of professional liability insurance. The City shall be named as additional
insured under the general liability/premise liability policy. The policy or policies shall
contain provisions requiring City to receive at least thirty (30) days written notice prior to
the expiration, cancellation, or any material change in the provisions of any policy or
policies of insurance. Veterinarian shall obtain liability insurance policies with $2 million
coverage (per occurrence) for general liability/premise liability and $1 million coverage
(per occurrence) for malpractice. Such policies shall be signed by a person authorized
by that insurer to bind coverage on its behalf and must be filed with the City prior to
performing any work pursuant to this Agreement. Veterinarian shall also maintain and
obtain worker's compensation insurance covering all employees in amounts required by,
and in compliance with, laws of the State of California.
18. Inspection. City reserves the right to allow a representative of the Newport
Beach Police Department to enter the premises at any reasonable time to inspect the
same or any part thereof and to attend to or protect the City's interest with a procedure
to terminate the Agreement if unsatisfactory conditions exist.
19. Term. The term of this Agreement shall commence on 5/ l /01, and shall
continue thereafter; provided, however, that this Agreement may be terminated by either
party, without cause, by giving one hundred twenty (120) days' prior written notice to the
other party.
20. Arbitration. The parties agree that they will endeavor to resolve any dispute,
controversy or claim arising out of or relating to the agreement. In the event the parties
are unable to do so, any dispute, controversy or claim shall be finally settled by
arbitration. The parties shall meet and confer on the procedures to be used in
arbitration. Any award or judgment rendered by the arbitrator(s) may be entered in any
court having jurisdiction thereof.
21. Sole Agreement. Both parties acknowledge that this contract is the sole
agreement between the two parties. Said agreement supercedes any and all previous
agreements between the two parties.
22. Notices. All notices, demands, requests or approvals to be given under this
Agreement shall be given in writing and conclusively shall be deemed served when
delivered personally or on the second business day after the deposit thereof in the
United States mail, postage prepaid, registered or certified, addressed as hereinafter
provided.
All notices, demands, requests or approvals from Veterinarian to City shall be
addressed to City at : City of Newport Beach
3300 Newport Boulevard, P.O. Box 1768
Newport Beach, CA 92659-1768
Attention: City Manager
All notices, demands, requests or approvals from City to Veterinarian shall be
addressed to Veterinarian at: Dover Shores Pet Care Center
2075 Newport Boulevard
Costa Mesa, CA 92627
Attention: Bruce Bauersfeld, DVM
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
day and year first written above.
CITY OF NEWPORT BEACH
Municipal Corporation
By:
City Manager
BAUERSFELD ENTERPRISES LTD.
DOVER SHORES PET CARE CENTER
A California Corporation
By4ceBauersfeld,
Br D. .
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
-r
Maj CITY CLERK
Xi
ANIMAL CONTROL AGREEMENT
THIS AGREEMENT, is made and entered into, effective the day of
1997, by and between the CITY OF NEWPORT BEACH, a municipal
corporation, hereinafter referred to as "City," and Veterinarian Pet Care Center of Dover
Shores, Bruce C. Bauersfeld, D.V.M., Director, at 2075 Newport Boulevard, Costa
Mesa, California 92627, hereinafter referred to as "Veterinarian."
WITNESSETH:
WHEREAS, under its Municipal Code, the City of Newport Beach is obligated to
impound and keep fowl and animals found running at large; and
WHEREAS, the Code requires the licensing and vaccination of dogs kept within
the City; and
WHEREAS, City does not have facilities suitable for impounding and keeping
fowl, dogs, cats or other animals; and
WHEREAS, Veterinarian has facilities for receiving and caring for fowl and
animals that may be picked up running at large on the City streets,
NOW, THEREFORE, the parties agree:
1. Veterinarian agrees to receive and care for any dog, cat, bird, fowl, or
animal other than a horse, cow, or animal too large to be cared for in his facilities
(hereinafter referred to collectively as "animal"), that is delivered to him by the City.
2. Visitors shall be permitted to view all impounded animals during normal
inspection hours of 9:00 a.m. to 6:00 p.m. on Monday, through Friday; 9:30 a.m. to 3:00
p.m. on Saturday.
3. Unless claimed by the owner sooner, Veterinarian will hold any animal
delivered to him for the following periods:
(a) If any animal does not bear identification, said animal shall be held
for a minimum of five days. This claim period shall not include the days the
1
shelter is closed.
(b) If any animal bears identification, said animal shall be held for six
(6) days. This six (6) day period shall not include any day the shelter is closed.
In addition, Veterinarian shall keep any animal, licensed or unlicensed, an
additional twenty-four (24) hours after the claim period, at the discretion of the
impounding Animal Control Officer.
4. After the claim period, Veterinarian will dispose of an animal either by
selling it in accordance with the terms of Section 1208.5 of the Code of Civil
Procedure, or by destroying it in accordance with Sections 7.16.020 and 7.16.060 of the
Newport Beach Municipal Code, and any applicable State Law.
5. Upon redeeming an animal, the owner must pay all accrued impound,
boarding, safekeeping and/or quarantine fees. Boarding and safekeeping fees shall not
exceed Nine Dollars ($9) per day per animal. Quarantine fees shall not exceed Fifteen
Dollars ($15) per day per animal. Veterinarian shall charge only the impound fees
established by Resolution of the City Council for animals delivered to him by the City for
impounding.
6. If an animal is purchased by a person who had no previous interest in the
animal, Veterinarian will collect from said person accrued boarding fees not to exceed
Forty-five Dollars ($45.00).
If a dog or cat is purchased from the shelter by a person who had no
previous interest in the dog or cat, Veterinarian will collect from said person a
spay/neuter deposit as provided by, and in compliance with, Sections 30503 and 31751
of the Food and Agriculture Code. The spay/neuter deposit shall be Ten Dollars ($10)
for felines and Twenty Dollars ($20) for canines.
All money collected pursuant to Section 30503 shall be held by
Veterinarian in a separate account, for the required periods of time. An accounting of
spay/neuter deposit collection and refunds with payment of uncollected deposits shall
2
be made to the Revenue Manager monthly.
Pet owners may reclaim their deposit from Veterinarian by presenting a
certificate of sterilization along with a receipt for the surgery within the prescribed
period.
7. In the event Veterinarian is required to dispense an inoculation against
rabies to any animal delivered by City, Veterinarian shall charge a fee of not more than
Twelve Dollars ($12.00) for the inoculation. The fee shall be collected from the owner
or any other person to whom the animal is sold or delivered.
8. In the event Veterinarian is required to perform emergency services for
any injured animal delivered to him by City, Veterinarian shall charge the City a fee of
not more than forty-seven Dollars and Fifty Cents ($47.50) for said services. The fee
shall be collected from the owner to whom said animal is delivered; or, in the case of an
adopted animal or an unclaimed animal destroyed or disposed of by Veterinarian
pursuant to this Contract, City shall pay such fee.
9. City shall pay Veterinarian a fee to defray clerical, euthanasia, disposal
and other operating costs associated with the animal impound services. Veterinarian
will bill City on a monthly basis for its actual costs not to exceed Two Thousand Nine
Hundred Twenty Eight and Fifty One Cents ($2,928.51) per month. Said fee shall be
annually adjusted each March to reflect the percentage change in the cost of doing
business as measured by the Consumer Price Index (Los Angeles -Anaheim -Riverside).
Veterinarian agrees that in consideration for the above monthly charge, it will hire an
additional shelter employee whose duties will be dedicated to the operations of the
shelter and which will include, but are not limited to, issuing dog licenses, provided
public information, clerical duties and paperwork regarding the operations of the shelter,
cleaning and feeding of animals housed in the shelter, along with the showing of the
shelter to visitors during the hours the shelter is open for such purposes.
10. Veterinarian shall keep records to show the date each animal is delivered
3
to him by City, the time it is kept, the disposition of it, and the amount of fees or charges
collected from the owner or person to. whom it is sold or delivered. These records shall
be open and available for inspection by City. All fees or charges, except dog license
revenues and fifty percent of impound fees, collected by Veterinarian shall be retained
by him. Dog license revenues, fifty percent of impound fees and uncollected
spay/neuter deposits shall be turned over to City on a monthly basis.
11. At the end of each month, Veterinarian shall bill the City for the charges of
boarding, destroying, and disposing of animals which have accrued during such month
pursuant to this Contract. City shall pay the same within fifteen (15) days after the
receipt thereof.
12. Veterinarian agrees to indemnify, defend, save and hold harmless City, its
City Council, boards and commissions, officers and employees from and against any
and all loss, damages, liability, claims, suites, costs and expenses for damages of any
nature whatsoever, including, but not limited to, bodily injury, death, personal injury,
property damages, attorneys fees and court costs arising from any and all negligent
action of Veterinarian, its employees, agents or subcontracts in the performance of
services or work conducted or performed pursuant to this Agreement.
13. Without limiting Veterinarian's indemnification of City, Veterinarian will
obtain and maintain at its own expense during the term of this Agreement policy or
policies of professional liability insurance. The City shall be named as additional
insured under the policy or policies of insurance. The policy or policies shall contain
provisions requiring City to receive at least thirty (30) days written notice prior to the
expiration, cancellation, or any material change in the provisions of any policy or
policies of insurance. Such policies shall be signed by a person authorized by that
insurer to bind coverage on its behalf and must be filed with the City prior to performing
any work pursuant to this Agreement. Veterinarian shall also maintain and obtain
worker's compensation insurance covering all employees in amounts required by, and
4
in compliance with, laws of the State of California.
14. City reserves the right to allow a representative of the Newport Beach
Police Department to enter the premises at any reasonable time to inspect the same or
any part thereof and to attend to or protect the City's interest with a procedure to
terminate the Agreement if unsatisfactory conditions exist.
15. The term of this Agreement shall commence on re AC, , 1997, and
shall continue thereafter; provided, however, that this Agreement may be terminated by
either party, without cause, by giving one hundred twenty (120) days' prior written
notice to the other party.
16. All notices, demands, requests or approvals to be given under this
Agreement shall be given in writing and conclusively shall be deemed served when
delivered personally or on the second business day after the deposit thereof in the
United States mail, postage prepaid, registered or certified, addressed as hereinafter
provided.
All notices, demands, requests or approvals from Veterinarian to City shall be
addressed to City at :
City of Newport Beach
3300 Newport Boulevard, P. O. Box 1768
Newport Beach, CA 92659-1768
Attention: City Manager
All notices, demands, requests or approvals from City to Veterinarian shall be
addressed to Veterinarian at:
Dover Shores Pet Care Center
2075 Newport Boulevard
Costa Mesa, CA 92627
Attention; Bruce Bauersfeld, DVM
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
day and year first written above.
CITY OF NEWPORT BEACH
A Municipal Corporation
By: ZQ�
j fl
on
I
ATTEST:
CITY CLERK
:` .at\debbie\ag\bauersf.doc
VETERINARIAN PET CARE CENTER
OF DOVER SHORES
Bruce C. Bauersfold, D.V.M.
Director
ANIMAL CONTROL AGREEMENT
THIS AGREEMENT, is made and entered into, effective the 1st
day of March, 1991, by and between the CITY OF NEWPORT BEACH, a
municipal corporation, hereinafter referred to as "City," and
Veterinarian Pet Care Center of Dover Shores, Bruce C. Bauersfeld,
D.V.M., Director, at 2075 Newport Boulevard, Costa Mesa, California
92627, hereinafter referred to as "Veterinarian."
W I T N E S S E T H•
WHEREAS, under its Municipal Code, the City of Newport Beach
is obligated to impound and keep fowl and animals found running at
large; and
WHEREAS, the Code requires the licensing and vaccination of
dogs kept within the City; and
WHEREAS, City does not have facilities suitable for impounding
and keeping fowl, dogs, cats or other animals; and
WHEREAS, Veterinarian has facilities for receiving and caring
for fowl and animals that may be picked up running at large on the
City streets,
NOW, THEREFORE, the parties agree:
1. Veterinarian agrees to receive and care for any dog, cat,
bird, fowl, or animal other than a horse, cow, or animal too large
to be cared for in his facilities (hereinafter referred to
collectively as "animal"), that is delivered to him by the City.
2. Visitors shall be permitted to view all impounded animals
during normal inspection hours of 9:00 a.m. to 6:00 p.m. on Monday,
-1-
through Friday; 9:30 a.m. to 3:00 p.m. on Saturday.
3. Unless claimed by the owner sooner, Veterinarian will
hold any animal delivered to him for the following periods:
(a) If any animal does not bear identification, said
animal shall be held for a minimum of ninety-six (96) hours.
This claim period shall not include the hours the shelter is
closed.
(b) If any animal bears identification, said animal
shall be held for six (6) days. This six (6) day period shall
not include any day the shelter is closed.
In addition, Veterinarian shall keep any animal, licensed
or unlicensed, an additional twenty-four (24) hours after the claim
period, at the discretion of the impounding Animal Control Officer.
4. After the claim period, Veterinarian will dispose of an
animal either by selling it in accordance with the terms of
Section 1208.5 of the Code of Civil Procedure, or by destroying it
in accordance with Sections 7.16.020 and 7.16.060 of the Newport
Beach Municipal Code, and any applicable State Law.
5. Upon redeeming an animal, the owner must pay all accrued
boarding fees.
6. If an animal is purchased by a person who had no previous
interest in the animal, Veterinarian will collect from said person
accrued boarding fees not to exceed Twenty -One Dollars ($21.00).
Veterinarian shall charge only the impound and boarding charges
established by resolution of the City Council for animals delivered
to him by the City for impounding.
-2-
If a dog or cat is purchased from the shelter by a person
who had no previous interest in the dog or cat, Veterinarian will
collect from said person a spay/neuter deposit as provided by, and
in compliance with, Sections 30503 and 31751 of the Food and
Agriculture Code.
All money collected pursuant to Section 30503 shall be
held by Veterinarian in a special account for the required periods
of time. An accounting of spay/neuter deposit collection and
refunds with payment of uncollected deposits shall be made to the
Licensing Supervisor quarterly.
Pet owners may reclaim their deposit from Veterinarian by
presenting a certificate of sterilization along with a receipt for
the surgery within the prescribed period.
7. In the event Veterinarian is required to dispense an
inoculation against rabies to any animal delivered by City,
Veterinarian shall charge a fee of not more than Twelve Dollars
($12.00) for the inoculation. The fee shall be collected from the
owner or any other person to whom the animal is sold or delivered.
8. In the event Veterinarian is required to perform
emergency services for any injured animal delivered to him by City,
Veterinarian shall charge the City a fee of not more than Forty -
Three Dollars ($43.00) for said services. The fee shall be
collected from the owner or any other person to whom said animal is
sold or delivered; or, in the case of an animal destroyed or
disposed of by Veterinarian pursuant to this Contract, City shall
pay such fee.
-3-
9. City shall pay Veterinarian a fee to defray clerical,
euthanasia, disposal and other operating costs associated with the
animal impound services. Veterinarian will bill City on a monthly
basis for its actual costs not to exceed Two Thousand Five Hundred
Eighty -Three Dollars and Thirty -Three Cents ($2,583.33) per month.
Veterinarian agrees that in consideration for the above monthly
charge, it will hire an additional shelter employee whose duties
will be dedicated to the operations of the shelter and which will
include, but are not limited to, issuing dog licenses, provided
public information, clerical duties and paperwork regarding the
operations of the shelter, cleaning and feeding of animals housed
in the shelter, along with the showing of the shelter to visitors
during the hours the shelter is open for such purposes.
10. Veterinarian shall keep records to show the date each
animal is delivered to him by City, the time it is kept, the
disposition of it, and the amount of fees or charges collected from
the owner or person to whom it is sold or delivered. These records
shall be open and available for inspection by City. All fees or
charges, except dog license revenues, collected by Veterinarian
shall be retained by him. Dog license revenues shall be retained
in a separate account and turned over to City on a weekly basis.
11. At the end of each month, Veterinarian shall bill the
City for the charges of boarding, destroying, and disposing of
animals which have accrued during such month pursuant to this
Contract. City shall pay the same within fifteen (15) days after
the receipt thereof.
-4-
12. Veterinarian agrees to indemnify, defend, save and hold
harmless City, its City Council, boards and commissions, officers
and employees from and against any and all loss, damages,
liability, claims, suites, costs and expenses for damages of any
nature whatsoever, including, but not limited to, bodily injury,
death, personal injury, property damages, attorneys fees and court
costs arising from any and all negligent action of Veterinarian,
its employees, agents or subcontracts in the performance of
services or work conducted or performed pursuant to this Agreement.
13. Without limiting Veterinarian's indemnification of City,
Veterinarian will obtain and maintain at its own expense during the
term of this Agreement policy or policies of professional liability
insurance. Such policies shall be signed by a person authorized by
that insurer to bind coverage on its behalf and must be filed with
the City prior to performing any work pursuant to this Agreement.
Veterinarian shall also maintain and obtain worker's compensation
insurance covering all employees in amounts required by, and in
compliance with, laws of the State of California.
14. City reserves the right to allow a representative of the
Newport Beach Police Department to enter the premises at any
reasonable time to inspect the same or any part thereof and to
attend to or protect the City's interest with a procedure to
terminate the Agreement if unsatisfactory conditions exist.
15. The term of this Agreement shall commence on March 1,
1991, and shall continue thereafter; provided, however, that this
Agreement may be terminated by either party, without cause, by
-5-
giving one hundred twenty (120) days' prior written notice to the
other party.
16. All notices, demands, requests or approvals to be given
under this Agreement shall be given in writing and conclusively
shall be deemed served when delivered personally or on the second
business day after the deposit thereof in the United States mail,
postage prepaid, registered or certified, addressed as hereinafter
provided.
All notices, demands, requests or approvals from Consultant to
City shall be addressed to City at :
City of Newport Beach
3300 Newport Boulevard, P. O. Box 1768
Newport Beach, CA 92659-1768
Attention:
All notices, demands, requests or approvals from City to
Veterinarian shall be addressed to Veterinarian at:
v iF 7t: A/ Al f %Y G 7 CARL E,i71!5/t
a o 7 $- Al J5 w /00 12 7 v10 -# rl.X-
CUsT MFs� Ci
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the day and year first written above.
APPROVED, AS 704FORM:
CITY/ ATTORNEY
=.
CITY OF NEWPORT BEACH
A Municipal Corporation
By
Mayor
ATTEST:
CITY CLERK
gr/agr/animcon.agt
-7-
VETERINARIAN PET CARE CENTER
OF DOVER SHORES
By: _Ly,C�GCGf��
Druce C. BauersfeldfD.V.M.
Director ,�
:dli:�l.CERTIFICAI t) OF INSURANCE 4 a �� N; �:�r ISSUE DATE (MM/DD/YY)
' i ,r + =r� .'a�
1A
3/20/91
Y: -1l X.1"M^.'l W.auxU'YIi,../.'i:L4!k:.YyMULr1i:,:�-•r .?..1v-'1 .: ._i.+.•/.-. ._L _
... f{a 1 .. ..: ... ... .. .n.i.. .l, _•_ _.. :.r:_w�vJ :S_:.. .. ....a ...L t ._. .. .___.
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
;GENERAL AGGREGATE ! $1,000,
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
DVM INSURANCE AGENCY
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
400 N. TUSTIN AVE., STE 375
i CLAIMS MADE i OCCUR.!
SANTA ANA, CA 92705
COMPANIES AFFORDING COVERAGE
;EACH OCCURRENCE !$1,000,
COMPANY A
FIRE DAMAGE (Any one fire) S 300,
LETTER THE HARTFORD
CODE SUB -CODE
__........... . ... _ .....__...__..--
-............_..........._..:........................_._..__._...........:..........._ _. ..._........
COMPANY B
INSURED
LETTER
BAUERSFELD ENTERPRISES, INC. DBA:
1 ANY AUTO
'PET
COMPANY
C
DOVER SHORES CARE CENTER
LETTER
2075: NEWPORT BLVD
SCHEDULED AUTOS !
INJURY
(Per person) !
COMPANY
D
COSTA MESA, CA 92627
LETTER
COMPANY E
?INJURY i$
LETTER
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, '
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _.
_........__..._.._..__...__....._...._..... _ —._..............__.._..__.._........._.._..................... :......._ ------- ---........ ....... -- - _.......__.........._.... ... _....__.....------- .----
' TYPE OF INSURANCE POLICY NUMBER
LTR:
:POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS
DATE (MM/DDNY) DATE (MM/DD/YY) ;
GENERAL LIABILITY I
;GENERAL AGGREGATE ! $1,000,
COMMERCIAL GENERAL LIABILITY -72
i PRODUCTS-COMP/OPS AGGREGATE! $1 , 000 ,
SBA CD 9 7 8 5
3/16/91 3 / 16 / 9 2 i ------------ --------.--•-
i CLAIMS MADE i OCCUR.!
PERSONAL 6 ADVERTISING INJURY S 100,
OWNER'S h CONTRACTOR'S PROT.i
;EACH OCCURRENCE !$1,000,
FIRE DAMAGE (Any one fire) S 300,
!-.........� ..---..�_..__—._........ _...._..__._. _........_ i
-....._..._._------__..._.._.- ...._ ..... .----------
.MEDICAL EXPENSE (Any one person) $ 5j
MEDICAL
-
1 AUTOMOBILE LIABILITY j
COMBINED ;
, SINGLE S
1 ANY AUTO
LIMIT
........... _ - .-
1 I ALL OWNED AUTOS
BODILY i-----
n
SCHEDULED AUTOS !
INJURY
(Per person) !
HIRED AUTOS
;BODILY
?INJURY i$
NON -OWNED AUTOS
(Per accident)'
—�
GARAGE LIABILITY
!PROPERTY
$
?DAMAGE
j.
EXCESS LIABILITY
i EACH AGGREGATE
OCCURRENCE!
OTHER THAN UMBRELLA FORM
__........ .. _.....__
!
_. ...._:—..._._._..... _.._............. --._..__..___... ... ................_...
STATUTORY ,
WORKER'S COMPENSATiOK
A AND 72 WEC CK0694
; 10/1/90 10/1/91 -=- 1,000,- -------(EACH ACCIDENT)
i
1, (DISEASE—POLICY LIMIT)
000..,.......:_ ........
EMPLOYERS' LIABILITY
_ (DISEASE—EACH EMPLOYEE)
... '1_,_000.,.___..____..---.. ..._.___._....__
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONS/SPECIAL ITEMS
THE CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED PER THE ATTACHED CG 2010.
pCERTIFICATF� SOLDER
CITY OF NEWPORT BEACH
3300 NEWPORT BLVD
NEWPORT BEACH,}CA 92660
�ACORD 25—S (3/88)
CANCELLATION.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 'In DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCHCE SHALL IMPOSE NO OBLIGATION OR
LIABILITY O ND UP THE COMP NY, ITS AGENTS OR REPRESENTATIVES.
! AUTHORIZED R RESENTA
LOU RAMOS �{,(
CACORD CORPORATION 1988
POLICY NUMBER: 72 SBA CD9785
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization: CITY OF NEWPORT BEACH
3300 NEWPORT BLVD
NEWPORT BEACH, CA 92660
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.
CG 20 10 1185 Copyright, Insurance Services Office, Inc., 1984 0
Fireman's Fund
Insurance Company
Commercial
Insurance Policy
Fireman's
Fund"
--Firemads- - - - - - -- _ - -
Fund
Table of Contents
Portfolio Policy
POLICY NUMBER 8 H1 MZG 07186870
Named Insured
DOVER SHORES PET CARE CENTER
Producer
ABD-Assoc. Div, CVMA South
P. 0. Box 2017
Belmont, CA 94022-1169
This policy contains the following sections:
Section
Pages
General Declarations ....................
GO -
1
TO
GD - 4
Property Gard (R) Property Declarations..
PR -
1
TO
PR - 2
General Liability Declarations...........
GL -
1
TO
GL - 2
Inland Marine Declarations ...............
IM -
1
TO
IM - 1
Business Auto Policy Declarations........
0
0
0
0
0
0
0
AU -
1
TO
AU - 1
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General G
GENERAL
Fireman's
Fund
POLICY NUMBER Previous Policy Numbers Coverage for sections
8 H1 MZG 07186870 8 H1 MZG 07184958 other than WORKERS'
COMPENSATION is provided
in the following company:
AMERICAN AUTOMOBILE
INSURANCE COMPANY
PORTFOLIO POLICY (R) CREVE COEUR, MO 63141
A STOCK INSURANCE CO. (15)
GENERAL DECLARATIONS
Commercial Group No. 873/
Named Insured and Mailing Address
DOVER SHORES PET CARE CENTER
(Named Insureds are continued following the Premium Summary section of
these General Declarations)
2075 NEWPORT BLVD. #112
COSTA MESA CA 92627
Producer Name and Address
ABD-Assoc. Div, CVMA South
P. 0. Box 2017
LL Belmont, CA 94022-1169
0
o The named insured is a(n) Corporation
0
0
0
- Business or Operations of the Named Insured: VETERINARIAN
co
0
N
n
Insurance is provided only under each coverage of this policy or the WORKERS'
COMPENSATION AND EMPLOYERS' LIABILITY POLICY listed below, subject otherwise to
all the terms and conditions of the General Provisions and of said Coverages)
or policy having reference thereto.
PROPERTY COVERAGES
GENERAL LIABILITY COVERAGES - OCCURRENCE
INLAND MARINE COVERAGES
AUTO INSURANCE COVERAGES
U)
Policy Period (For above coverages)
z INCEPTION DATE 07/01/00
EXPIRATION DATE 07/01/01
Beginning and Ending at 12:01 A.M., Standard Time
at the address of the insured
LL
W
N It is agreed and understood that the BUSINESS AUTO POLICY, GARAGE POLICY AND
W)
TRUCKERS POLICY are self contained policies forming part of the
u policy identified above. Premium is included in the Premium Summary below.
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POLICY NUMBER 8 Hl MZG 07186870
Named Insured
DOVER SHORES PET CARE CENTER
GENERAL DECLARATIONS Continued
PREMIUM SUMMARY
Estimated Annual Premium $2,837.00
Premium due at Inception $2,837.00
This Policy may be subject to Premium Adjustment per Policy Terms.
(Named Insured continued)
BAUERSFELD ENTERPRISES, LTD. (A CORP)
(DBA) DOVER SHORES PET CARE CENTER
LOCATIONS OF PREMISES --Applicable to Coverages specified in these Declarations
(Not applicable to WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY POLICY)
LOC BLD
001 001 2075 NEWPORT BLVD.
COSTA MESA CA 92627
GO - 2
POLICY NUMBER 8 Hl MZG 07186870
Named
Insured
DOVER
SHORES PET CARE CENTER
GENERAL DECLARATIONS Continued
FORMS
ATTACHED
AT INCEPTION
GENERAL
PROVISIONS
IL0003
04
98 -
CALCULATION OF PREMIUM
IL0017
11
98 -
COMMON POLICY CONDITIONS
IL0021
11
85 -
NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM)
IL0270
12
96 -
CALIFORNIA CHANGES - CANCELLATION AND NONRENEWAL
IL7005
02
96 -
AMENDMENT OF POLICY - ADDITIONAL CONDITION
PROPERTY
140413
06
84 -
VAL-U-GARD II ENDORSEMENT
141035
12
88 -
COMMERCIAL PROPERTY CAUSES OF LOSS FORM
141073
05
93 -
PROPERTY-GARD AMENDATORY ENDORSEMENT
141091
12
96 -
VETERINARY BUSINESS INCOME ENDORSEMENT
141092
01
99 -
VETERINARY AMENDATORY ENDORSEMENT
141108
01
99 -
VETERINARIANS COMBINATION PLUS ENDORSEMENT
LL 141872
01
99 -
VETERINARY FLOOD ENDORSEMENT
0 142000
12
88 -
COMMERCIAL PROPERTY PROPERTY-GARD BUILDING AND PERSONAL
0
PROPERTY COVERAGE FORM
g CP0030
10
91 -
BUSINESS INCOME (AND EXTRA EXPENSE) COVERAGE FORM
CP0090
07
88 -
COMMERCIAL PROPERTY CONDITIONS
o CP0299
11
85 -
CANCELLATION CHANGES
N CP1040
06
95 -
CAUSES OF LOSS - EARTHQUAKE FORM
GENERAL
LIABILITY
143571
01
97 -
VETERINARIAN'S PROFESSIONAL LIABILITY COVERAGE FORM
CG0001
07
98 -
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
CGO057
09
99 -
AMENDMENT OF INSURING AGREEMENT KNOWN INJURY OR DAMAGE
CG2011
11
85 -
MANAGERS OR LESSORS OF PREMISES
INLAND MARINE
140559 12 86 - REV. CONDITIONS
z 140866 02 86 - DEBRIS AND POLLUTANT REMOVAL
CM7222 12 96 - VETERINARY ANIMAL COVERAGE FORM
AUTOMOBILE
d
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W
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POLICY NUMBER 8 Hl MZG 07186870
Named Insured
DOVER SHORES PET CARE CENTER
GENERAL DECLARATIONS Continued
CA0001
01
87
- BUSINESS AUTO COVERAGE FORM
CA0029
12
88
- CHANGES IN BUSINESS AUTO AND TRUCKERS COVERAGE FORMS - INSURED
CONTRACT
CA7003
01
87
- EXPLANATION OF PREMIUM BASIS
CA7007
01
87
- WHO IS AN INSURED AMENDED
Countersignature of Authorized Agent:
Producer ABD-Assoc. Div, CVMA South
Date 07-01-00
GD - 4
C11
Calculation of Premium - IL 00 03 04 98
Policy Amendment - General Provisions
This endorsement modifies insurance provided under the following:
Boiler and Machinery Coverage Part
Commercial Automobile Coverage Part
Commercial Crime Coverage Part
Commercial General Liability Coverage Part
Commercial Inland Marine Coverage Part
Commercial Property Coverage Part
Employment -Related Practices Liability Coverage Part
Farm Coverage Part
Liquor Liability Coverage Part
Owners and Contractors Protective Liability Coverage Part
Pollution Liability Coverage Part
Products/Completed Operations Liability Coverage Part
Professional Liability Coverage Part
Railraod Protective Liability Coverage Part
Special Protective and Highway Liability Policy - New York
The following is added: issued. On each renewal, continuation, or anniversary
x of the effective date of this policy, we will compute the
The premium shown in the Declarations was computed premium in accordance with our rates and rules then
based on rates in effect at the time the policy was in effect.
0
0
0
0
0
0
O
N
n
z
Z
This Form must be attached to Change Endorsement when issued after the policy is written
LL
`° One of the Fireman's Fund Insurance Companies as named in the policy
w
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IL0003 4-98
MCopyright, Insurance Services Office, Inc., 1985, 1997
N
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Common Policy Conditions - IL 00 17 11 98
All Coverage Parts included in this policy are subject
to the following conditions.
A. Cancellation
1
2.
3.
4.
k,
C
The first Named Insured shown in the Dec-
larations may cancel this policy by mailing or
delivering to us advance written notice of
cancellation.
We may cancel this policy by mailing or de-
livering to the first Named Insured written
notice of cancellation at least:
a. 10 days before the effective date of can-
cellation if we cancel for nonpayment of
premium; or
b. 30 days before the effective date of can-
cellation if we cancel for any other rea-
son.
We will mail or deliver our notice to the first
Named Insured's last mailing address known
to us.
Notice of cancellation will state the effective
date of cancellation. The policy period will
end on that date.
If this policy is cancelled, we will send the first
Named Insured any premium refund due. If
we cancel, the refund will be pro rata. If the
first Named Insured cancels, the refund may
be less than pro rata. The cancellation will
be effective even if we have not made or of-
fered a refund.
If notice is mailed, proof of mailing will be
sufficient proof of notice.
B. Changes
This policy contains all the agreements between
you and us concerning the insurance afforded.
The first Named Insured shown in the Declara-
tions is authorized to make changes in the terms
of this policy with our consent. This policy's
terms can be amended or waived only by
endorsement issued by us and made a part of this
policy.
C. Examination of Your Books and Records
We may examine and audit your books and re-
cords as they relate to this policy at any time dur-
ing the policy period and up to three years
afterward.
D. Inspections and Surveys
1. We have the right to:
a. Make inspections and surveys at any
time;
b. Give you reports on the conditions we
find; and
c. Recommend changes.
2. We are not obligated to make any inspections,
surveys, reports or recommendations and any
such actions we do undertake relate only to
insurability and the premiums to be charged.
We do not make safety inspections. We do
not undertake to perform the duty of any
person or organization to provide for the
health or safety of workers or the public. And
we do not warrant that conditions:
a. Are safe or healthful; or
b. Comply with laws, regulations, codes or
standards.
This Form must be attached to Change Endorsement when issued after the policy is written.
One of the Fireman's Fund Insurance Companies as named in the policy
Se etary
PresidentFIZU/ V'
IL0017 11-98
Copyright, Insurance Services Office, Inc., Page I Of 2
LL
0
0
0
0
0
0
0
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3. Paragraphs 1. and 2 of this condition apply
not only to us, but also to any rating, advi-
sory, rate service or similar organization
which makes insurance inspections, surveys, F
reports or recommendations.
4. Paragraph 2. of this condition does not apply
to any inspections, surveys, reports or recom-
mendations we may make relative to certif-
ication, under state or municipal statutes,
ordinances or regulations, of boilers, pressure
vessels or elevators.
E. Premiums
The first Named Insured shown in the Declara-
tions:
1. Is responsible for the payment of all premi-
ums; and
N
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IL0017 11-98
MCopyright, Insurance Services Office, Inc.,
N
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2. Will be the payee for any return premiums
we pay.
Transfer of Your Rights and Duties Under This
Policy.
Your rights and duties under this policy may not
be transferred without our written consent except
in the case of death of an individual named in-
sured.
If you die, your rights and duties will be transferred
to your legal representative but only while acting
within the scope of duties as your legal represen-
tative. Until your legal representative is appointed,
anyone having proper temporary custody of your
property will have your rights and duties but only
with respect to that property.
Page 2 of 2
r, r -
Nuclear Energy Liability Exclusion Endorsement - Broad Form
IL 00 21 11 85
Policy Coverage - General Provisions
This endorsement modifies insurance provided under the following:
Farm Coverage
General Liability Coverage
Automobile Coverage
1. The insurance does not apply:
A. Under any Liability Coverage, to bodily injury
or property damage:
(1) With respect to which an insured under
the policy is also an insured under a nu-
clear energy liability policy issued by
Nuclear Energy Liability Insurance As-
sociation, Mutual Atomic Energy Liabil-
ity Underwriters or Nuclear Insurance
Association of Canada, or would be an
insured under any such policy but for its
termination upon exhaustion of its limit
of liability; or
(2) Resulting from the hazardous properties
of nuclear material and with respect to
which (a) any person or organization is
required to maintain financial protection
pursuant to the Atomic Energy Act of
1954, or any law amendatory thereof, or
(b) the insured is, or had this policy not
been issued would be, entitled to indem-
nity from the United States of America,
or any agency thereof, under any agree-
ment entered into by the United States
of America, or any agency thereof, with
any person or organization.
B. Under any Medical Payments coverage, to
expenses incurred with respect to bodily injury
resulting from the hazardous properties of nu-
clear material and arising out of the operation
of a nuclear facility by any person or organ-
ization.
C. Under any Liability Coverage, to bodily injury
or property damage resulting from the haz-
ardous properties of nuclear material, if:
(1) The nuclear material (a) is at any nuclear
facility owned by, or operated by or on
behalf of, an insured or (b) has been dis-
charged or dispersed therefrom;
(2) The nuclear material is contained in
spent fuel or waste at any time possessed,
handled, used, processed, stored, trans-
ported or disposed of by or on behalf of
an insured; or
(3) The bodily injury or property damage
arises out of the furnishings by an insured
of services, materials, parts or equipment
in connection with the planning, con-
struction, maintenance, operation or use
of any nuclear facility, but if such facility
is located within the United States of
America, its territories or possessions or
Canada, this exclusion (3) applies only
to property damage to such nuclear fa-
cility and any property thereat.
2. As used in this endorsement:
hazardous properties include radioactive, toxic or
explosive properties;
This Form must be attached to Change Endorsement when issued after the policy is written.
One of the Fireman's Fund Insurance Companies as named in the policy
President
IL0021 11-85R
Page 1 of 2
Nuclear material means source material, special
fuel, or (3) handling, processing or packaging
nuclear material or byproduct material;
waste;
source material, special nuclear material, and by-
(c) Any equipment or device used for the proc-
product material have the meanings given them in
essing, fabricating or alloying of special nu -
the Atomic Energy Act of 1954 or in any law
clear material if at any time the total amount
amendatory thereof,
of such material in the custody of the insured
at the premises where such equipment or de -
spent fuel means any fuel element or fuel compo-
vice is located consists of or contains more
nent, solid or liquid, which has been used or ex-
than 25 grams of plutonium or uranium 233
posed to radiation in a nuclear reactor;
or any combination thereof, or more than 250
grams of uranium 235;
waste means any waste material (a) containing
by-product material other than the tailings or
(d) Any structure, basin, excavation, premises or
wastes produced by the extraction or concen-
place prepared or used for the storage or dis-
tration of uranium or thorium from any ore proc-
posal of waste;
essed primarily for its source material content, and
(b) resulting from the operation by any person or
and includes the site on which any of the for -
organization of any nuclear facility included under
egoing is located, all operations conducted on
the first two paragraphs of the definition of nuclear
such site and all premises used for such oper-
facility.
ations;
nuclear facility means:
nuclear reactor means any apparatus designed
or used to sustain nuclear fission in a self -
(a) Any nuclear reactor;
supporting chain reaction or to contain a cri-
tical mass of fissionable material;
LL
CO (b) Any equipment or device designed or used for
property damage including all forms of radio -
(1) separating the isotopes of uranium or
active contamination of property.
g plutonium, (2) processing or utilizing spent
0
0
0
0
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Y
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IL0021 11-85R
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Page 2 of 2
California Changes - Cancellation and Nonrenewal - IL 02 70 12 96
Policy Amendment(s) Commercial General Provisions
This endorsement modifies insurance provided under the following:
Boiler and Machinery Coverage Part
American Business Coverage
Commercial Auto Coverage Part
Commercial Crime Coverage Part (except Coverages A and B)
Commercial General Liability Coverage Part
Commercial Inland Marine Coverage Part
Commercial Property Coverage Part
Farm Coverage Part
A. The following provisions are added to the CAN-
CELLATION Common Policy Condition:
7. Residential Property
This provision applies to coverage on real
property which is used predominantly for
residential purposes and consisting of not
more than four dwelling units, and to cover-
age on tenants' household personal property
in a residential unit, if such coverage is written
under one of the following:
American Business Coverage
Commercial Property Coverage Part
Farm Coverage Part - Farm Property Cover-
age Form
a. If such coverage has been effect for 60
days or less, and is not a renewal of cov-
erage we previously issued, we may can-
cel this coverage for any reason, except
as provided in b. and c. below.
b. We may not cancel this policy solely be-
cause the first Named Insured has:
(1) Accepted an offer of earthquake
coverage; or
(2) Cancelled or did not renew a policy
issued by the California Earthquake
Authority (CEA) that included an
earthquake policy premium sur-
charge.
However, we shall cancel this policy if
the first Named Insured has accepted a
new or renewal policy issued by the CEA
that includes an earthquake policy pre-
mium surcharge but fails to pay the
earthquake policy premium surcharge
authorized by the CEA.
c. We may not cancel such coverage solely
because corrosive soil conditions exist on
the premises. This restriction (c.) applies
only if coverage is subject to one of the
following, which exclude loss or damage
caused by or resulting from corrosive soil
conditions:
(1) American Business Coverage,
(2) Commercial Property Coverage Part
- Causes of Loss - Special Form; or
(3) Farm Coverage Part - Farm Prop-
erty Coverage Form; Covered
Causes of Loss - Special.
This Form must be attached to Change Endorsement when issued after the policy is written.
One of the Fireman's Fund Insurance Companies as named in the policy
Se etary President
IL0270 12-96 CA
Copyright, Insurance Services Office, Inc., 1988, 1993, 1996
Copyright, ISO Commercial Risk Services, Inc., 1988, 1993, 1996
Page 1 of 4
8. All Policies in Effect for More Than 60 Days
(a) Loss of, or changes in, our re-
a. If this policy has been in effect for more
insurance covering all or part
of the risk would threaten our
than 60 days, or is a renewal of a policy
financial integrity or solvency;
we issued, we may cancel this policy only
or
upon the occurrence, after the effective
date of the policy, of one or more of the
(b) Continuation of the policy
following:
coverage would:
(1) Nonpayment of premium, including
(i) Place us in violation of
payment due on a prior policy we
California law or the laws
issued and due during the current
of the state where we are
policy term covering the same risks.
domiciled; or
(2) Discovery of fraud or material mis-
(ii) Threaten our solvency.
representation by:
(7) A change by you or your represen-
(a) Any insured or his or her rep-
tative in the activities or property of
resentative in obtaining this in-
the commercial or industrial enter-
surance; or
prise, which results in a materially
added, increased or changed risk,
(b) You or your representative in
unless the added, increased or
pursuing a claim under this
changed risk is included in the pol-
policy.
icy.
x (3) A judgment by a court or an ad-
b. We will mail or deliver advance written
ministrative tribunal that you have
notice of cancellation, stating the reason
o violated a California or Federal law,
for cancellation, to the first Named In-
0 having as one of its necessary ele-
sured, and to the producer of record, at
ments an act which materially in-
least:
creases any of the risks insured
(1) 10 days before the effective date of
against.
cancellation if we cancel for a reason
(4) Discovery of willful or grossly
listed in paragraph 8.a.(1) or (2).
negligent acts or omissions, or of
(2) 30 days before the effective date of
any violations of state laws or regu-
cancellation if we cancel for any
lations establishing safety standards,
other reason listed in paragraph 8.a.
by you or your representative, which
materially increase any of the risks
B. The following is added and supersedes any pro-
insured against.
visions to the contrary:
(5) Failure by you or your represen-
Nonrenewal
Z tative to implement reasonable loss
1. Subject to the provisions of paragraphs B.2.
control requirements, agreed to by
and B.3. below, if we elect not to renew this
you as a condition of policy issu-
policy, we will mail or deliver written notice
oance, or which were conditions
stating the reason for nonrenewal to the first
LL precedent to our use of a particular
Named Insured shown in the Declarations
W rate or rating plan, if that failure
and to the producer of record, at least 60 days,
a materially increases any of the risks
but not more than 120 days, before the expi-
LLinsured against.
ration or anniversary date.
W
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0 (6) A determination by the Commis-
We will mail or deliver our notice to the first
N_ sioner of Insurance that the:
Named Insured, and to the producer of
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IL0270 12-96 CA
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record, at the mailing address shown in the
policy.
2. Residential Property
This provision applies to coverage on real
property used predominantly for residential
purposes and consisting of not more than four
dwelling units, and to coverage on tenants'
household property contained in a residential
unit, if such coverage is written under one of
the following:
American Business Coverage
Commercial Property Coverage Part
Farm Coverage Part - Farm Property Cover-
age Form
two years and that required a re-
duction in policyholder surplus of
at least 25% for payment of those
claims; or
(3) We have:
(a) Lost or experienced a substan-
tial reduction in the availability
or scope of reinsurance cover-
age; or
(b) Experienced a substantial in-
crease in the premium charged
for reinsurance coverage of our
residential property insurance
policies; and
a. We may elect not to renew such coverage
the Commissioner has approved a
for any reason, except as provided in b.,
plan for the nonrenewals that is fair
c. and d. below:
and equitable, and that is responsive
to the changes in our reinsurance
b. We will not refuse to renew such cover-
position.
age solely because the first Named In-
sured has accepted an offer of earthquake
c. We will not refuse to renew such cover -
coverage.
age solely because the first Named In-
sured has cancelled or did not renew a
However, the following applies only to
policy, issued by the California Earth -
insurers who are associate participating
quake Authority that included an earth -
insurers as established by Cal. Ins. Code
quake policy premium surcharge.
Section 10089.16. We may elect not to
renew such coverage after the first
d. We will not refuse to renew such cover -
Named Insured has accepted an offer of
age solely because corrosive soil condi-
earthquake coverage, if one or more of
tions exist on the premises. This
the following reasons applies:
restriction (d.) applies only if coverage is
subject to one of the following, which
(1) The nonrenewal is based on sound
exclude loss or damage caused by or re -
underwriting principles that relate to
sulting from corrosive soil conditions:
the coverages provided by this policy
and that are consistent with the ap-
(1) American Business Coverage,
proved rating plan and related doc-
(2) Commercial Property Coverage Part
uments filed with the Department
-Causes of Loss -Special Form; or
of Insurance as required by existing
law;
(3) Farm Coverage Part - Farm Prop -
erty Coverage Form; Covered
(2) The Commissioner of Insurance
Causes of Loss - Special.
finds that the exposure to potential
losses will threaten our solvency or
3. We are not required to send notice of nonre-
place us in a hazardous condition.
newal in the following situations:
A hazardous condition includes, but
is not limited to, a condition in
a. If the transfer or renewal of a policy,
which we make claims payments for
without any changes in terms, condi-
losses resulting from an earthquake
tions, or rates, is between us and a
that occurred within the preceding
member of our insurance group.
IL0270 12-96 CA
Copyright, Insurance Services Office, Inc., 1988, 1993, 1996
Copyright, ISO Commercial Risk Services, Inc., 1988, 1993, 1996
Page 3 of 4
1
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b. If the policy has been extended for 90 time of issuance that it will not be re -
days or less, provided that notice has newed.
been given in accordance with paragraph e. If the first Named Insured requests a
B.1. change in the terms or conditions or risks
c. If you have obtained replacement cover- covered by the policy within 60 days of
age, or if the first Named Insured has the end of the policy period.
agreed, in writing, within 60 days of the f. If we have made a written offer to the
termination of the policy, to obtain that first Named Insured, in accordance with
coverage. the time frames shown in paragraph B.1.
to renew the policy under changed terms
d. If the policy is for a period of no more or conditions or at an increased premium
than 60 days and you are notified at the rate, when the increase exceeds 25%.
IL0270 12-96 CA
Copyright, Insurance Services Office, Inc., 1988, 1993, 1996
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Amendment of Policy - Additional Condition - IL 70 05 02 96
Policy Amendment(s) Commercial General Provisions
This endorsement modifies insurance provided under the following:
American Business Coverage
Commercial General Liability
Automobile
Crime
Inland Marine
Farm Property
Farm Liability
You and we agree to add this condition to the policy:
Two or More Policies Issued By Us
The Other Insurance provisions changed to add the
following:
If the same occurrence, accident, loss or damage is
covered under more than one policy issued by us or a
company affiliated with us, the following applies:
1. The maximum Limit of Insurance that applies
under all policies shall not exceed the highest limit
that applies under any one policy.
2. For Farm Liability, General Liability or Automo-
bile: we will not provide coverage after the aggre-
gate limit of insurance that applies under any one
policy:
a. has been exhausted; or
b. would have been exhausted had all covered
claims been submitted under that one policy
rather than under two or more policies.
This condition does not apply to a policy issued
to apply as excess over this policy.
This Form must be attached to Change Endorsement when issued after the policy is written.
One of the Fireman's Fund Insurance Companies as named in the policy
a4_5A"W4_1
Se etary
IL7005 2-96
Copyrighted, Insurance Services, Inc., 1996
Property PR
PROPERTY
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POLICY NUMBER 8 H1 MZG 07186870
NAMED INSURED
DOVER SHORES PET CARE CENTER
PORTFOLIO POLICY (R)
PROPERTY-GARD (R) PROPERTY DECLARATIONS
INSURANCE IS PROVIDED ONLY FOR THOSE COVERAGES, ENDORSEMENTS AND
LIMITS OF LIABILITY SHOWN BELOW.
BUSINESS PERSONAL PROPERTY - SPECIAL CAUSES OF LOSS FORM
COINSURANCE 100%
PROPERTY COVERED AND LIMITS OF LIABILITY
ITEM A - STOCK
ITEM B - FURNITURE, FIXTURES, EQUIPMENT AND MACHINERY
ITEM C - TENANTS IMPROVEMENTS
PROPERTY AT SPECIFICALLY IDENTIFIED LOCATIONS
LOC BLD COVERAGE LIMIT OF DEDUCTIBLE LOC BLD COVERAGE LIMIT OF DEDUCTIBLE
ITEMS LIABILITY ITEMS LIABILITY
001 001 A,B,C $315,000 $500
REPLACEMENT COST
APPLIES AT LOCATIONS
LOC-BLD(S): 001-001
EARTHQUAKE
LOCATIONS AND DEDUCTIBLE PERCENTAGE
PER UNIT OF INSURANCE
LOC BLD PERCENT LOC BLD PERCENT
001 001 10%
ITEM D- PROPERTY AT LOCATIONS NOT SPECIFICALLY IDENTIFIED
FOR ITEMS A,B,C,D AND E
PER LOCATION $15,000 AGGREGATE $15,000 DEDUCTIBLE $500
PR - 1
POLICY NUMBER 8 H1 MZG 07186870
NAMED INSURED
DOVER SHORES PET CARE CENTER
PORTFOLIO POLICY (R)
TIME ELEMENT - SPECIAL CAUSES OF LOSS FORM
BUSINESS INCOME
COINSURANCE 100%
LOCATIONS AND LIMITS OF LIABILITY
LOC BLD LIMITS OF LIABILITY LOC BLD LIMITS OF LIABILITY
001 001 $150,000
PROPERTY ENDORSEMENTS
VAL-U-GARD II ENDORSEMENT (140413 06 84)
APPLIES TO BUSINESS PERSONAL PROPERTY - ITEM A, ITEM B, ITEM C ONLY
APPLIES TO BUSINESS REAL PROPERTY
VAL-U-GARD II COST INDEX AUTOMATIC INCREASE
LOC-BLD(S): 001-001
PROPERTY-GARD AMENDATORY ENDORSEMENT (141073 05 93)
PR -2
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Val -U -Gard II Endorsement - 140413 06 84
Policy Amendment - Property Coverage
Insured
Producer
Schedule
Applies To _ Business Real Property
Policy Number
Effective Date
_ Business Personal Property
(If no entry appears above, information required to complete this Endorsement will be shown in the Declarations
as applicable to this Endorsement.)
Your Policy is amended as follows:
Application of Coinsurance Provision.
a. When the Schedule for this Endorsement
show it applies to Business Real Property,
Coinsurance will not apply to Business Real
Property.
b. When the Schedule for this Endorsement
show it applies to Business Personal Property,
the coinsurance provision will not apply to
Business Personal Property.
c. The coinsurance provision will continue to
apply to all other property covered by this
policy.
proportion to any increase shown in the appro-
priate cost index of the Marshall Valuation Service
prepared by Marshall and Swift Publication Com-
pany. We will use building cost indexes for all real
property items. We will use industry equipment
indexes for all personal property items including
stock.
We will compute any change in values as follows:
a.
Automatic Increase of Limits. When inflation
causes construction costs and property values to b.
rise while your policy is in force, we will provide
you with an added amount of insurance. We will
increase the limits of liability that apply to the
property covered by this Endorsement in
To determine the limit of liability as of a spe-
cific date, we will multiply the limit in effect
on the effective date of this Endorsement by
the appropriate inflation factor. We will ob-
tain this factor by dividing the monthly cost
index for the specific date by the monthly cost
index which applied on the effective date of
this Endorsement.
If we later endorse the policy to increase or
decrease the limit in effect on the effective date
of this Endorsement, we will separately adjust
the original limit and each addition and re-
duction for any increase in values.
This Form must be attached to Change Endorsement when issued after the policy is written.
One of the Fireman's Fund Insurance Companies as named in the policy
140413 6-84
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c. If the monthly cost index for a date is not
Effective Date of This Endorsement
available, we will compute the index by using
If the effective date is not shown in the Dec -
the average monthly rate of change for the
larations for this Endorsement, then the ef-
relevant quarter. We will do this by prorating
fective date is the inception date of the policy
the difference between the cost index for the
to which this Endorsement is attached. But if
quarter ending before that date and the index
the policy is subject to annual rerating, then
for the quarter ending after that date. If the
the effective date will be the most recent an -
index for the quarter ending after the date is
niversary date of the policy.
not available, we will use the average monthly
Separate Items of Property
rate of change for the preceding quarter.
If the insurance provided by this policy is di-
d. In no event will we reduce the limit of liability
vided into two or more items, we will apply
below the limit in effect on the effective date
the terms of the Endorsement separately to
of this Endorsement including any additions
each item. But we will not apply the terms
and reductions which are separately endorsed
of this Endorsement to any item excluded in
on to the policy.
the policy declarations.
1404136-84
Page 2 of 2
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Causes of Loss Form - 141035 12 88
Commercial Property Coverage
This Causes of Loss Form is applicable to all Com-
mercial Property Coverage Forms attached to this pol-
icy unless otherwise stated.
The causes of loss we cover are shown in the Declara-
tions as either Basic or Special. When a limit of liability
is shown in the Declarations, the described property is
covered against the covered causes of loss shown.
Some words and phrases that appear in bold face or
quotation marks have special meaning. Refer to Defi-
nitions.
A. Covered Causes of Losses
Basic Causes of Loss (Basic Form)
When Basic is shown in the Declarations, Covered
Causes of Loss means the following unless the loss is
excluded or limited as stated in Sections B and C that
follow:
1. Fire.
2. Lightning.
3. Explosion, including the explosion of gases or
fuel within the furnace of any fired vessel or
within the flues or passages through which the
gases of combustion pass. This cause of loss
does not include loss or damage by:
a. Rupture, bursting or operation of pres-
sure relief devices; or
b. Rupture or bursting due to expansion or
swelling of the contents of any building
or structure, caused by or resulting from
water.
4. Windstorm or Hail, but not including:
a. Frost or cold weather; or
b. Ice (other than hail), snow or sleet,
whether driven by wind or not.
We will not pay for loss or damage to the in-
terior to any building or structure, or the
property inside the building or structure,
caused by rain, snow, sand or dust, whether
driven by wind or not, unless the building or
structure first sustains wind or hail damage to
its roof or walls through which the rain, snow,
sand or dust enters.
5. Smoke causing sudden and accidental loss or
damage. This cause of loss does not include
smoke from agricultural smudging or indus-
trial operations.
6. Aircraft or Vehicles, meaning only physical
contact of an aircraft, a spacecraft, a self-
propelled missile, a vehicle or an object
thrown up by a vehicle with the described
property or with the building or structure
containing the described property. This cause
of loss includes loss or damage by objects
falling from aircraft.
We will not pay for loss or damage caused by
or resulting from vehicles you own or operate,
7. Riot or Civil Commotion, including:
a. Acts of striking employees while occu-
pying the described premises; and
b. Looting occurring at the time and place
of a riot or civil commotion.
This Form must be attached to Change Endorsement when issued after the policy is written.
One of the Fireman's Fund Insurance Companies as named in the policy
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8. Vandalism, meaning willful and malicious
damage to, or destruction of, the described
property.
We will not pay for loss or damage:
a. To glass (other than glass building
blocks) that is part of a building, struc-
ture, or an outside sign; but we will pay
for loss or damage to other property
caused by or resulting from breakage of
glass by vandals.
b. Caused by or resulting from theft, except
for building damage caused by the
breaking in or exiting of burglars.
9. Sprinkler Leakage, meaning leakage or dis-
charge of any substance from an Automatic
Sprinkler System, including collapse of a tank
that is part of the system. If the building or
structure containing the Automatic Sprinkler
System is Covered Property, we will also pay
the cost to:
a. Repair or replace damaged parts of the
Automatic Sprinkler System if the dam-
age:
(1) Results in sprinkler leakage; or
(2) is directly caused by freezing.
b. Tear out and replace any part of the
building or structure to repair damage to
the Automatic Sprinkler System that has
resulted in sprinkler leakage.
Automatic Sprinkler System means:
(a) Any automatic fire protective or ex-
tinguishing system, including con-
nected:
(i) Sprinklers and discharge noz-
zles;
(ii) Ducts, pipes, valves and fittings;
(iii) Tanks, their component parts
and supports; and
(iv) Pumps and private fire
protection mains.
(b) When supplied from an automatic
fire protective system:
(i) Non -automatic fire protective
systems; and
(ii) Hydrants, standpipes and out-
lets.
10. Sinkhole Collapse, meaning 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 do-
lomite. This cause of loss does not include:
a. The cost of filling sinkholes; or
b. Sinking or collapse of land into man-
made underground cavities.
11. Volcanic Action, meaning direct loss or dam-
age resulting from the eruption of a volcano
when the loss or damage is caused by:
a. Airborne volcanic blast or airborne shock
waves;
b. Ash, dust or particulate matter; or
c. Lava flow.
All volcanic eruptions that occur within any
168 -hour period will constitute a single oc-
currence.
This cause of loss does not include the cost
to remove ash, dust or particulate matter that
does not cause direct physical loss or damage
to the described property.
Special Causes of Loss (Special Form)
When Special is shown in the Declarations, covered
causes of loss means the Basic Causes of Loss and
Risks of Direct Physical Loss not covered by the Basic
Causes of Loss unless loss is excluded or limited as
stated in Sections B and C that follow.
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
concurrently or in any sequence to the loss.
141035 12-88 Page 2 of 7
a. Ordinance or Law
C. Governmental Action
The enforcement of any ordinance or
Seizure or destruction of property by or -
law:
der of governmental authority.
(1) Regulating the construction, use or
But we will pay for acts of destruction
repair of any property; or
ordered by governmental authority and
taken at the time of a fire to prevent its
(2) Requiring the tearing down or re-
spread, if the fire would be covered under
moval of any property, including the
this Coverage Part.
cost of removing its debris.
d. Nuclear Hazard
b. Earth Movement (This does not apply to
Nuclear reaction or radiation, or radio -
property in transit)
active contamination, however caused.
(1) Any earth movement (other than
But if loss or damage by fire results, we
sinkhole collapse), such as an earth-
will pay for that resulting loss or damage.
quake, landslide, mine subsidence
or earth sinking, rising or shifting.
e. Power Failure
But if loss or damage by fire or ex-
The failure of power or other utility ser -
plosion results, we will pay for that
vice supplied to the described premises,
resulting loss or damage.
however caused, if the failure occurs
(2) Volcanic eruption, explosion or ef-
away from the described premises.
w fusion. But if loss or damage by fire
x
But if loss or damage by a Covered
W or volcanic action results, we will
Cause of Loss results, we will pay for
pay for that resulting loss or damage.
0
that resulting loss or damage.
0
o If loss or damage by building glass
0
f. War and Military Action
breakage results and Special Causes
(1) War, including undeclared or civil
N of Loss is covered, we will pay for
n
x the resulting loss or damage.
war;
(2) Warlike action by a military force,
Volcanic action means direct loss or
including action in hindering or de -
damage resulting from the eruption
fending against an actual or expected
of a volcano when the loss or dam-
attack, by any government, sover-
age is caused by:
eign or other authority using mili-
tary personnel or other agents; or
(a) Airborne volcanic blast or air-
borne shock waves;
(3) Insurrection, rebellion, revolution,
usurped power, or action taken by
Z (b) Ash, dust or particulate matter;
governmental authority in hindering
or
or defending against any of these.
(c) Lava flow.
g. Flood (This does not apply to property
0
in transit.)
W All volcanic eruptions that occur within any
We do not cover loss or damage caused by,
168 -hour period will constitute a single oc-
Cq
resulting from, contributed to or made worse
a currence.
by flood. But if loss or damage by fire or
0
W Volcanic action does not include the cost to
explosion not otherwise excluded results, we
o remove ash, dust or particulate matter that
will pay for that resulting loss or damage.
N does not cause direct physical loss or damage
2. We will not pay for loss or damage caused by
U to the described property.
or resulting from any of the following:
LU
141035 12-88
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a. Artificially generated electric current, in-
cluding electric arcing, that disturbs elec-
trical devices, appliances or wires.
But if loss or damage by fire results, we
will pay for that resulting loss or damage.
b. Delay, loss of use or loss of market.
c. Smoke, vapor or gas from agricultural
smudging or industrial operations.
d. (1) Wear and tear;
(2) Rust, corrosion, fungus, decay, de-
terioration, hidden or latent defect
or any quality in property that
causes it to damage or destroy itself;
(3) Disease;
(4) The release, discharge or dispersal
of pollutants unless the release, dis-
charge or dispersal is itself caused by
any of the specified causes of loss.
(5) Settling, cracking, shrinking or ex-
pansion;
(6) Insects, birds, rodents or other ani-
mals;
(7) Mechanical breakdown of machines;
(8) The following causes of loss to per-
sonal property:
(a) Dampness or dryness of atmos-
phere;
(b) Changes in or extremes of tem-
perature; or
(c) Marring or scratching.
But if loss or damage by the specified
causes of loss results, we will pay for that
resulting loss or damage.
e. Dishonest or criminal act by you, any of
your partners, employees, directors, trus-
tees, authorized representatives of anyone
to whom you entrust the property for
any purpose other than a carrier or other
bailee for hire:
(1) Acting alone or in collusion with
others; or
(2) Whether or not occurring during the
hours of employment.
This exclusion does not apply to acts of
destruction by your employees; but theft
by employees is not covered.
f. Voluntary parting with any property by
you or anyone else to whom you have
entrusted the property if induced to do
so by any fraudulent scheme, trick, de-
vice or false pretense.
g. Collapse, except as provided below in the
Additional Coverage for Collapse. But
if loss or damage by a Covered Cause of
Loss results at the described premises,
we will pay for that resulting loss or
damage.
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
results, we will pay for that resulting loss or
damage.
a. Weather conditions. But this exclusion
only applies if weather conditions con-
tribute in any way with a cause or event
excluded in Section B.I. above to pro-
duce the loss or damage.
b. Acts or decisions, including the failure to
act or decide, of any person, group, or-
ganization or governmental body.
C. Faulty, inadequate or defective:
(1) Planning, zoning, development, sur-
veying, siting;
(2) Design, specifications, workman-
ship, repair, construction, reno-
vation, remodeling, grading
compaction;
(3) Materials used in repair, con-
struction, renovation or remodeling;
or
(4) Maintenance;
of part or all of any property on or off
the described premises.
4. Special Exclusions
1410351i -as Page 4 of 7
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The following provisions apply only to the
specified Coverage Forms.
a. Business Income (and Extra Expense)
Coverage Form, Business Income
(Without Extra Expense) Coverage
Form, or Extra Expense Coverage Form
We will not pay for:
(1) Any loss caused by or resulting
from:
(a) Damage or destruction of fin-
ished stock; or
(b) The time required to reproduce
finished stock.
This exclusion does not apply to
Extra Expense.
(2) Any loss caused by or resulting from
direct physical loss or damage to ra-
dio or television antennas, including
their lead-in wiring, masts or towers.
(3) Any increase of loss caused by or
resulting from:
(a) Delay in rebuilding, repairing
or replacing the property or re-
suming operations, due to in-
terference at the location of the
rebuilding, repair or replace-
ment by strikers or other per-
sons; or
(b) Suspension, lapse or cancella-
tion of any license, lease or
contract. But if the suspension,
lapse or cancellation is directly
caused by the suspension of
operations, we will cover such
loss that affects your Business
Income during the period of re-
storation.
(1) Paragraph B.l.a., Ordinance or Law,
does not apply to insurance under
this Coverage Form.
(2) We will not pay for any loss caused
by:
(a) Your cancelling the lease;
(b) The suspension, lapse or can-
cellation of any license; or
(c) Any other consequential loss.
c. Legal Liability Coverage Form
(1) The following Exclusions do not
apply to insurance under this Cov-
erage Form:
(a) Paragraph B.I.a., Ordinance or
Law;
(b) Paragraph B.l.c., Govern-
mental Action;
(c) Paragraph B.l.d., Nuclear haz-
ard;
(d) Paragraph B. Le., Power Fail-
ure; and
(e) Paragraph B.I.f., War and Mil-
itary Action.
(2) Contractual Liability
We will not defend any claim or
suit, or pay damages that you are
legally liable to pay, solely by reason
of your assumption of liability in a
contract or agreement.
(3) Nuclear Hazard
(4) Any Extra Expense caused by or re-
sulting from suspension, lapse or
cancellation of any license, lease or
contract beyond the period of resto- C. Limitations
ration.
(5) Any other consequential loss.
b. Leasehold Interest Coverage Form
We will not defend any claim or
suit, or pay any damages, loss, ex-
pense or obligation, resulting from
nuclear reaction or radiation, or ra-
dioactive contamination, however
caused.
1. We will not pay for loss of or damage to:
a. Steam boilers, steam pipes, steam engines
or steam turbines caused by or resulting
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from any condition or event inside such
equipment. But we will pay for loss of
or damage to such equipment caused by
or resulting from an explosion of gases
or fuel within the furnace of any fired
vessel or within the flues or passages
through which the gases of combustion
pass.
b. Hot water boilers or other water heating
equipment caused by or resulting from
any condition or event inside such boilers
or equipment, other than an explosion.
c. Animals unless caused by the Specified
Causes of Loss and then only if they are
killed or their destruction is made neces-
sary.
d. Property that is missing, but there is no
physical evidence to show what hap-
pened to it, such as shortage disclosed on
taking inventory.
2. We will not pay for loss or damage caused by
or resulting from theft unless Special Causes
of Loss is covered and theft is not excluded.
a. We will not pay more than $5000 in any
one loss due to theft of the following
property. This limitation applies no
matter how many items are taken or how
many categories of property are involved
in the loss.
(1) furs and fur garments;
(2) jewelry and jewels of any kind val-
ued at more than $50 per item;
(3) watches valued at more than $50 per
watch;
(4) precious metals or alloys of any
kind.
b. We do not cover theft of any property
which is away from a covered location in
an unattended vehicle unless:
(1) the property is contained in a se-
curely locked fully enclosed body or
compartment of the vehicle; or
(2) the property is in the custody of
carriers for hire.
D. Additional Coverage - these additional coverages
apply only when Special Causes of Loss is cov-
ered.
1. Collapse
We will pay for loss or damage caused by or
resulting from risks of direct physical loss in-
volving collapse of a building or any part of
a building caused only by one or more of the
following:
a. The specified causes of loss all only as
insured against in the Coverage Part;
b. Hidden decay of the Covered Property;
C. Hidden insect or vermin damage of the
Covered Property;
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 the construction, remodeling or reno-
vation.
We will not pay for loss or damage to the
following types of property, if otherwise
covered in this Coverage Part, under
items b., c., d., a and f. unless the loss or
damage is a direct result of the collapse
of a building:
outdoor radio or television antennas,
including their lead-in wiring, masts
or towers; awnings; gutters and
down -spouts; yard fixtures; outdoor
swimming pools; fences; piers;
wharves and docks; beach or diving
platforms or appurtenances; retain-
ing walls; walks, roadways and other
paved surfaces.
Collapse does not include settling, crack-
ing, shrinkage, bulging or expansion.
This Additional Coverage will not in-
crease the Limits of Insurance provided
in this Coverage Part.
2. Water Damage
141035 12-88 Page 6 of 7
If loss or damage caused by or resulting from
a covered water damage loss occurs, we will
also pay the cost to tear out and replace any
part of the building or structure to repair
damage to the system or appliance from
which the water or steam escapes.
We will not pay the cost of repairing or re-
placing the system or appliance itself; but we
will pay the cost to repair or replace damaged
parts of fire extinguishing equipment if the
damage:
a. Results in sprinkler leakage; or
b. Is directly caused by freezing.
E. Definitions
1. Specified Causes of Loss means one or more
of the Basic Causes of Loss.
If Special Causes of Loss is covered Specified
Causes of Loss also includes falling objects;
weight of snow, ice or sleet; water damage and
building glass breakage.
a. Sinkhole collapse means the sudden
sinking or collapse of land into under-
ground empty spaces created by the ac-
tion of water on limestone or dolomite.
It does not include the cost of filling
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into man-made underground cavities.
b. Falling objects does not include loss or
damage to:
1. Personal property in the open; or
2. The interior of a building or struc-
ture, or property inside a building
or structure, unless the roof or an
outside wall of the building or
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structure is first damaged by a falling
object.
c. Water damage means accidental dis-
charge 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.
2. flood means a general and temporary condi-
tion of partial or complete inundation of
normally dry land areas from:
a. the overflow of inland or tidal waters; or
b. the unusual and rapid accumulation or
run-off of surface waters from any
source; or
c. mudslides which are caused or precipi-
tated by accumulation of water on or
under the ground.
3. mechanical breakdown means any breakdown
of a machine caused by or resulting from:
a. any condition or event within the ma-
chine,
b. any part of the machine which interrupts
the machine's intended or designed func-
tion or operation, or
C. any rupture or bursting caused by centri-
fugal force.
4. 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.
5. theft means any unlawful taking of personal
property.
Page 7 of 7
Property -Gard Amendatory Endorsement - 141073 05 93
Policy Amendment(s) Commercial Property
This endorsement modifies insurance provided under
the Building and Personal Property Coverage Form
and the Causes of Loss Form.
Covered Property
Coverage for your personal property which is used to
maintain or service the building or its premises insured
under A.l.a.4 of Property -Gard form 142000 and your
business personal property insured under A. Lb. of
Property -Gard form 142000 is extended to include
personal property you lease if the terms of an applica-
ble written lease requires you to provide property in-
surance.
Replacement Cost Coverage applies to the leased per-
sonal property covered by this endorsement if the Re-
placement Cost Optional Coverage has been added to
your policy.
Exclusions
Paragraph B.l.a. of the Causes of Loss form 141035
and 141035COMP is deleted and replaced by the fol-
lowing:
a. Ordinance or Law
(1) The enforcement of any ordinance or law:
(a) Regulating the construction, use or repair
of any property; or
(b) Requiring the tearing down or removal
of any property, including the cost of re-
moving its debris.
(2) The increased costs of repairs due to the
enforcement of any ordinance or law that:
(a) Requires the demolition of parts of the
same property not damaged by a Cov-
ered Cause of Loss; or
(b) Regulates the construction or repair of
buildings, or establishes zoning or land
use requirements at the premises de-
scribed in the Declarations.
Replacement Cost
Paragraph G.3.e. of Property -Gard form 142000 is de-
leted and replaced by the following:
e. We will not pay more for loss or damage on a re-
placement cost basis than the least of:
(1) The Limit of Insurance applicable to the lost
or damaged property;
(2) The cost to replace, on the same premises, the
lost or damaged property with other property:
(a) Of comparable material and quality of
that with which it was originally con-
structed; and
(b) Used for the same purpose; or
(3) The amount you actually spend that is neces-
sary to repair or replace the lost or damaged
property.
This Form must be attached to Change Endorsement when issued after the policy is written.
One of the Fireman's Fund Insurance Companies as named in the policy
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Veterinary Business Income Endorsement - 141091 12 96
Policy Amendment(s) Commercial Property
Section C., Limits of Insurance, of the Business In- Payments under the following Additional Coverages
come Coverage Form is replaced by the following: will not increase the applicable Limit of Insurance:
The most we will pay for loss in any one occurrence is
the actual loss of Business Income you sustain. But 1. Alterations and New Buildings;
we will not pay for any loss of Business Income beyond
12 consecutive months after the date of direct physical 2. Civil Authority;
loss or damage to the property at the premises de-
scribed in the Declarations. 3. Extra Expense; or
The limit applicable to the Coverage Extension is in 4. Extended Business Income.
addition to the Limit of Insurance.
o This Form must be attached to Change Endorsement when issued after the policy is written
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Veterinary Amendatory Endorsement - 141092 0199
Policy Amendment(s) Commercial Property
This endorsement modifies insurance provided under the following:
Property -Gard Building and Personal Property Form
Causes of Loss Form
Schedule
Coverage Limit of Insurance
Fire Department Service Charge
$
5,000
Pollutant Removal
Any One Loss
$
10,000
Any One Policy Period
$
10,000
Fire Protective Equipment
$
1,000
Animal Damage to Leased Property
Included
Arson Reward
$
10,000
Newly Acquired or Constructed Property
$ 500,000
Personal Effects
Any One Person
$
1,000
Any One Loss
$
5,000
Property Off Premises
$
10,000
(If no entry appears above, information required to complete this Endorsement will be shown in the Declarations
as applicable to this Endorsement.)
A. The Property -Gard Building and Personal Prop- c. Fire Department Service Charge
erty Coverage Form is amended as follows:
When the fire department is called to
1. Item 2.c. of Section A., Coverage, is deleted. save or protect Covered Property from a
2. Item 2.j. of Section A., Coverage, is replaced Covered Cause of Loss, we will pay for
by the following: your liability for fire department service
charges:
animals;
3. Item 4.c., Fire Department Service Charge,
of Section A. Coverage, is replaced by the
following:
(1) Assumed by contract or agreement
prior to loss; or
(2) Required by local ordinance.
This Form must be attached to Change Endorsement when issued after the policy is written.
One of the Fireman's Fund Insurance Companies as named in the policy
I
Se retary
141092 1-99 Page 1 of 5
The most we will pay for fire department
(2) Clean up and remove the fire extin-
service charges is the Limit of Insurance
guishing agent
shown in the Schedule that applies to this
Endorsement Part for Fire Department
resulting from the discharge of a fire ex-
Service Charge.
tinguishing agent from fire protective
equipment.
No Deductible applies to this Additional
Coverage.
The discharge must:
4. Item 4.d., Pollutant Removal, of Section A.
(1) Be caused by or resulting from a
Coverage, is replaced by the following:
Covered Cause of Loss;
d. Pollutant Removal
(2) Result from the intended operation
of the fire protective equipment to
We will pay your reasonable cost to ex-
prevent or control a Covered Cause
tract pollutants from land and water.
of Loss;
The release, discharge or dispersal of the
pollutants must result from a covered
(3) Be accidental; or
cause of loss and must occur during the
(4) Result from a malfunction of the fire
policy period. This coverage only applies
protective equipment.
if no later than 180 days from the date
of loss or from the end of the policy pe-
We will not pay for loss or damage:
riod, whichever comes first, you:
(1) If you fail to use reasonable care to
(1) Discover the loss, and
maintain the fire protective equip-
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in proper operating condition;
o(2)
(2)Report the cost to us in writing.
or
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The most we will pay in any one loss is
(2) Caused by discharge at the time of
o
the Limit of Insurance shown in the
servicing, refilling or testing of the
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Schedule that applies to this Endorse-
fire protective equipment.
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ment for Pollutant Removal - Any One
Loss.
The most we will pay under this Addi-
Under this Additional Coverage, the
tional Coverage is the Limit of Insurance
shown in the Schedule that applies to this
most we will pay for claims for loss
Endorsement Part for Fire Protection
which occurs at any one location during
Equipment.
the policy period is the Limit of Insur-
ance shown in the Schedule that applies
No deductible applies to this Additional
to this Endorsement for Pollutant Re-
Coverage.
moval -Any One Policy Period. If this
policy is written for a term of more than
i. Animal Damage to Leased Business Real
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one year, we will apply this limit sepa-
Property
rately to each consecutive year of the
(1) We cover loss or damage to business
policy period.
real property, as described in Section
5. The following are added to Section 4., Addi-
A.l.a. Coverage, which you do not
tional Coverages, of Section A., Coverage:
own but which you occupy for your
business, caused by or resulting from
h. Fire Protective Equipment
animals which you do not own but
are in your care, custody or control
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We will pay your costs to:
for treatment, grooming, boarding
or breeding. The loss or damage
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(1) Recharge or refill fire protective
must be caused by or the result of a
equipment; and
Covered Cause of Loss.
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141092 1-99
Page 2 of 5
Exclusion B.2.(6) of the Cause of
Loss Form does not apply to cover-
age afforded under this Additional
Coverage as to loss or damage
caused by birds, rodents or other
animals in your custody or control
for treatment, grooming boarding or
breeding.
(2) In addition to any other Exclusions
contained in this policy, we will not
cover loss or damage to property
covered by this Additional Cover-
age:
(a) Caused by or resulting from
wear and tear;
(b) Caused by or resulting from
your failure to use care in the
maintenance of the leased
property;
(c) Which cannot be identified as
occurring at a specific point in
time and did not become
known to you within 48 hours
thereafter.
(3) Animals, as used in this Additional
Coverage, shall include rodents,
reptiles and birds which are brought
to you for veterinary care or board-
ing.
(4) The most we will pay for loss under
this Additional Coverage is the
Limit of Insurance that applies to
your Business Personal Property.
(5) Payments under this Additional
Coverage will not increase the Limit
of Insurance that applies to your
Business Personal Property. The
Limit of Insurance that applies to
your Business Personal Property is
the most we will pay in any one oc-
currence for loss to your Business
Personal Property and for loss cov-
ered by this Animal Damage to
Leased Business Real Property Ad-
ditional Coverage.
(6) Coverage provided by this Addi-
tional Coverage for Animal Damage
to Leased Business Real Property is
primary insurance.
j. Arson Reward
If covered property sustains loss or dam-
age caused by or resulting from fire, and
the origin of such fire is determined to
be arson, we will pay a reward to the
person or persons who provide informa-
tion that leads to the arrest and con-
viction (for the crime of arson) of the
individuals responsible for the ignition of
the fire.
The most we will pay under this Addi-
tional Coverage, regardless of the number
of people who provide information, is the
Limit of Insurance shown in the Sched-
ule that applies to this Endorsement Part
for Arson Reward.
6. Item 5.a., Newly Acquired Property, of Sec-
tion A. Coverage, is replaced by the following:
a. Newly Acquired or Constructed Property
If the Declarations show you have Busi-
ness Real Property Coverage, we cover
the buildings you acquire, including
buildings which you are constructing,
anywhere in the policy territory except
Canada. If the Declarations show you
have Business Personal Property Cover-
age, we cover your business personal
property at a newly acquired location,
including locations which are under the
course of construction, anywhere in the
policy territory except Canada.
The most we will pay for any one loss,
whether the loss occurs to real or per-
sonal property or to both, is the lesser of
the following:
(1) The Limit of Insurance shown in the
Schedule that applies to this
Endorsement Part for Newly Ac-
quired or Constructed Property;
(2) The value of the acquired property;
(3) The cost to replace, on the same
premises, the lost or damaged prop-
erty with other property:
141092 1-99 Page 3 of 5
(a) Of comparable material and
quality; and
(b) Used for the same purpose; or
(4) The amount you actually spend to
that is necessary to repair or replace
the lost or damaged property.
This coverage ends:
(1) 120 days from the date you acquire
or begin construction of the prop-
erty; or
(2) On the date you report the values
of the property to us; or
(3) On the date this policy expires;
whichever occurs first.
shown in the Schedule that applies to this
Endorsement for Personal Effects - Any
One Person.
No matter how many persons suffer loss
to their personal effects, the most we will
pay in any one loss is the Limit of In-
surance shown in the Schedule that ap-
plies to this Endorsement for Personal
Effects - Any One Loss.
8. Item 5.d., Property Off Premises, of Section
A. Coverage, is replaced by the following:
d. Property Off Premises
We cover covered property while it is
temporarily away from the covered lo-
cation to be cleaned, repaired or serviced.
While at the temporary location, we
cover it against loss from a cause of loss
we cover applying to the property at the
covered location. While in transit to and
from the temporary location, the Special
Causes of Loss apply to such property.
The most we will pay for loss or damage
to property off premises under this Cov-
erage Extension is the Limit of Insurance
shown in the Schedule that applies to this
Endorsement Part for Property Off
Premises.
B. The Causes of Loss Form is amended as follows:
1. Item 2.d.(6) of Section B., Exclusions, is re-
placed by the following:
(6) Nesting or infestation, or discharge or
release of waste products or secretions by
insects, birds, rodents or other animals.
2. Item l.b. of Section C., Limitations, is re-
placed by the following:
b. Hot water boilers or other water heating
equipment caused by or resulting from
any condition or event inside such boilers
or equipment, other than an explosion.
This Limitation shall not apply to
autoclaves and other similar equipment
you use in your business for the exclusive
purpose of sterilizing medical instru-
ments.
Page 4 of 5
When you report the values of the prop-
erty to us, you will owe us additional
premium from the date of acquisition or
the beginning of construction.
Coverage provided by this Coverage Ex -
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tension shall not apply to buildings
which are under the course of con -
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struction:
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(1) For which separate insurance cover-
(
age has been obtained, either by the
insured or by the contractor respon-
sible for the construction, to cover
the property during the course of
construction; and
(2) Such separate insurance coverage
includes the interest of the insured.
7. Item 5.b.(1), Personal Effects, of Section A.
Coverage, is replaced by the following:
Z
(1) We cover your personal effects and those
of your officers, partners and employees
while such property is at a covered lo-
cation. This coverage does not apply to
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any personal effects which are covered
elsewhere by this policy or by any other
insurance. We cover such property
against loss from a cause of loss we cover
LLapplying
to your business personal prop-
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erty at the location.
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1410921-99
shown in the Schedule that applies to this
Endorsement for Personal Effects - Any
One Person.
No matter how many persons suffer loss
to their personal effects, the most we will
pay in any one loss is the Limit of In-
surance shown in the Schedule that ap-
plies to this Endorsement for Personal
Effects - Any One Loss.
8. Item 5.d., Property Off Premises, of Section
A. Coverage, is replaced by the following:
d. Property Off Premises
We cover covered property while it is
temporarily away from the covered lo-
cation to be cleaned, repaired or serviced.
While at the temporary location, we
cover it against loss from a cause of loss
we cover applying to the property at the
covered location. While in transit to and
from the temporary location, the Special
Causes of Loss apply to such property.
The most we will pay for loss or damage
to property off premises under this Cov-
erage Extension is the Limit of Insurance
shown in the Schedule that applies to this
Endorsement Part for Property Off
Premises.
B. The Causes of Loss Form is amended as follows:
1. Item 2.d.(6) of Section B., Exclusions, is re-
placed by the following:
(6) Nesting or infestation, or discharge or
release of waste products or secretions by
insects, birds, rodents or other animals.
2. Item l.b. of Section C., Limitations, is re-
placed by the following:
b. Hot water boilers or other water heating
equipment caused by or resulting from
any condition or event inside such boilers
or equipment, other than an explosion.
This Limitation shall not apply to
autoclaves and other similar equipment
you use in your business for the exclusive
purpose of sterilizing medical instru-
ments.
Page 4 of 5
C. If.
The Declarations to the policy to which this
Endorsement is attached shows you have Or-
dinance or Law Coverage; and
2. The Limit(s) of Insurance that apply to Cov-
erage B, Coverage C, or Coverages B and C
Blanket of such coverage form is or are shown
as INCLUDED,
then the Limit of Insurance for such coverage(s)
provided by the Ordinance or Law Coverage form
is included within the Limit of Insurance shown
in the Declarations as applicable to covered Busi-
ness Real Property. The Limit of Insurance for
the covered Business Real Property will be the
most we will pay for all loss or damage occurring
to covered Business Real Property, including any
loss, damage or expense covered by the Ordinance
or Law Coverage form.
141092 1-99 Page 5 of 5
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Veterinarians Combination Plus Endorsement - 141108 01 99
Policy Amendment(s) Commercial Property
This endorsement modifies insurance provided under the following:
Property -Gard Building and Personal Property Form Causes of Loss Form
Schedule
Coverage Description
Money, Checks, Stamps and Securities
Money Orders and Counterfeit Paper Currency
Depositors Forgery
Fidelity
Signs
Exterior Glass
Spoilage
Cost of Preparing A Statement of Loss
Tenant's Improvements and Betterments -
Ordinance or Law
Valuable Papers and Records
Accounts Receivable
Utility Service
Glass Deductible
Limit of Insurance Deductible
$10,000
Policy Deductible Applies
$ 5,000
Policy Deductible Applies
$25,000
Policy Deductible Applies
$25,000
Policy Deductible Applies
$10,000
$250
$25,000
$250
$ 5,000
Policy Deductible Applies
$ 2,500
No Deductible Applies
$25,000
Policy Deductible Applies
$25,000
Policy Deductible Applies
$25,000
Policy Deductible Applies
$ 50,000
Policy Deductible - Physical
Damage 8 Hours - Business
Income
$250
(If no entry appears above, information required to complete this Endorsement will be shown in the Declarations
as applicable to this Endorsement.)
A. The Property -Gard Building and Personal Prop-
erty Coverage Form is amended as follows:
1. Item 41, Money, Checks and Stamps, of
Section A. Coverage, is replaced by the fol-
lowing:
f. Money, Checks, Stamps and Securities
We cover money, checks, stamps and se-
curities you use in your business as
shown by your records. We cover them
while they are contained in the building
at a location we cover. We also cover
them while they are being carried to or
from a covered location. We cover such
property against loss from a cause of loss
we cover applying to your business
personal property at the location. We
do not cover any loss caused by or re-
sulting from forgery; alterations; the giv-
ing or surrendering of checks or money
in exchange or purchase; or accounting
or arithmetic errors or omissions.
This Form must be attached to Change Endorsement when issued after the policy is written.
One of the Fireman's Fund Insurance Companies as named in the policy
Se retary President
141108 1-99 Page 1 of 10
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The most we will pay for loss or damage
committed by you or any of your
to money, checks, stamps and securities
employees, directors, or trustees:
is the Limit of Insurance shown in the
Schedule that applies to this Endorse-
Schedule
(a) Whether acting alone or in col-
for Money, Checks, Stamps and
lusion with other persons; or
Securities.
(b) Whether while performing ser -
2. Item 4.g., Money Orders and Counterfeit Pa-
vices for you or otherwise.
per Currency, of Section A. Coverage is re-
(4)
The most we will pay under this ex -
placed by the following:
tension for any one occurrence is the
g. Money Orders and Counterfeit Paper
Limit of Insurance shown in the
Schedule that applies to this En-
Currency
dorsement for Depositors Forgery.
Loss due to the acceptance in good faith,
Under this Additional Coverage, all
in exchange for merchandise, money or
loss caused by one or more persons,
services, of any post office or express
and involving a single act or series
money order, issued or purporting to
of acts, is considered one occurrence.
have been issued by any post office or
(5)
Additional conditions:
express company, if such money order is
not paid upon presentation, or due to the
(a) Facsimile signatures: as to
acceptance in good faith in the regular
promissory notes, we will treat
course of business of counterfeit United
mechanically reproduced fac-
States or Canadian paper currency.
simile signatures the same as
handwritten signatures.
The most we will pay for loss under this
Money Orders and Counterfeit Paper
(b) Proof of Loss: at our request,
Currency Additional Coverage is the
you must include with your
Limit of Insurance shown in the Sched-
proof of loss any instrument
ule that applies to this Endorsement for
involved in that loss, or, if that
Money Orders and Counterfeit Paper
is not possible, an affidavit set -
Currency.
ting forth the amount and cause
of loss.
3. The following are added to item 4., Additional
Coverages, of Section A., Coverage:
(6)
If there is other insurance covering
the same loss or damage provided
h. Depositors Forgery
by this Additional Coverage,
whether covered by this policy or
(1) We will pay for your actual loss
any other policy, we will pay only
caused by forgery or alteration of
for the amount of covered loss or
any check, promissory note or ne-
damage in excess of the amount due
gotiable instrument.
from that other insurance. But we
will not pay more than the applica-
(2) We will pay for this loss whether the
ble Limit of Insurance.
check, promissory note or negoti-
able instrument is:
i. Fidelity
(a) Made by or drawn by you;
(1)
We will pay for direct loss of or
damage to:
(b) Drawn upon you; or
(a) Covered business personal pro -
(c) Made or drawn by an agent of
perty;
yours.
(b) Covered property of others,
(3) We will not pay for loss resulting
subject to the sub -limit set forth
from any dishonest or criminal act
in Item A. 5., Coverage
141108 1-99 Page 2 of 10
Extensions, subsection b. (2)
computation or a profit and
Property of Others, of the Pro-
loss computation.
perty-Gard Building and Per-
sonal Property Coverage Form.
(3) The most we will pay for loss or
The sub -limit for property of
damage in any one occurrence is the
others will not apply if property
lessor of:
of others is specifically covered
in the Declarations that apply
(a) The Limit of Insurance shown
to the Property -Gard Building
in the Schedule that applies to
and Personal Property Cover-
this Endorsement for Fidelity;
age Form or by endorsement to
or
the policy.
(b) The sub -limit applicable to the
(c) Money and securities;
lost of damaged property that
is contained in the Property -
(d) Animals you do not own but
Gard Building and Personal
are in your care, custody or
Property Coverage Form or
control for treatment, groom-
any endorsements thereto.
ing, boarding or breeding
All loss or damage caused by one
resulting from dishonest or fraudu-
or more persons and involving a
lent acts committed by any of your
single act or series of acts, is consid-
employees acting alone or in collu-
ered one occurrence.
sion with other persons (except you
We will not pay more for loss sus -
or your partner) while they work for
tained by more than one Insured
LL you and for 30 days after they leave
than the amount we would pay if all
oyour employment with manifest in-
the loss had been sustained by one
o tent to:
0
0
Insured.
0
o (a) Cause you to sustain loss or
(4) If the loss or damage is to an animal
damage; and also
in your care, custody or control, the
(b) Obtain financial benefit (other
value of the animal will be deter -
than salaries, commissions, fees,
mined as the cost to replace the ani -
bonuses, promotions, awards,
mal with another animal of the same
profit sharing, pensions, or
quality and breed. However, in no
other employee benefits earned
event will we pay more than the
in the normal course of em-
least of the following:
ployment) for
(a) The amount you actually spend
i. Any employee; or
that is necessary to replace the
animal;
ii. Any other person or or-
or-
(b) The cost to replace the animal
ganization.
with another animal:
(2) We will not pay for loss or damage:
i. Of comparable quality; and
(a) Resulting from any dishonest
ii. Of the same breed; or
or criminal act that you or any
of your partners commit
(c) The Limit of Insurance shown
whether acting alone or in col-
in the Schedule that applies to
LLlusion with other persons; or
this Endorsement for Fidelity.
W
o (b) The only proof of which as to
(5) We will pay only for loss or damage
N its existence or amount is de-
you sustain through acts committed
U pendent upon an inventory
or occurring during the policy
00 141108 1-99
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Page 3 of 10
141108 1-99
period. Regardless of the number
(b) Any natural person employed
of years this policy or subsequent
by an employment contractor
renewals remain in force or the
while that person is subject to
number of premiums paid, no Limit
your direction and control and
of Insurance accumulates from year
performing services for you ex -
to year or policy period to policy
cluding, however, any such
period.
person while having care and
custody of property outside a
(6)
Immediately upon discovery by you,
covered location.
or any of your partners, officers or
directors not in collusion with the
But employee does not mean
employee, that an employee has
any:
committed a dishonest or fraudulent
i. Agent, broker, factor,
act, we will not pay for any loss or
commission merchant,
damage due to further acts by the
consignee, independent
same employee.
contractor or representative
of the same general charac-
(7)
We will pay only for covered loss or
ter; or
damage discovered no later than one
year from the end of this policy pe-
ii. Director or trustee except
riod.
while performing acts
coming within the scope
If the policy to which this Coverage
of the usual duties of an
Form is attached is cancelled or ter-
employee.
minated as to any Insured, loss sus-
tained by that Insured is covered
(10) In compliance with certain pro -
only if discovered no later than one
visions of the Employee Retirement
year from the date of that cancella-
Income Security Act (ERISA):
tion or termination.
(a) Employee also includes any na-
(8)
Item A.2.j. of the Property -Gard
tural person who is:
Building and Personal Property
i. A trustee, an officer, em -
Coverage Form is excluded, but
ployee, administrator or a
only with respect to coverage pro-
manager, except an admin-
vided by this Additional Coverage
istrator or a manager who
for Fidelity.
is an independent contrac-
tor, of any Employee Wel-
(9)
Employee, as used in this Additional
fare or Pension Benefit
Coverage, means:
Plan (hereafter called Plan)
insured under this insur-
(a) Any natural person:
ance and
i. While in your service (and
ii. Your director or trustee
for 30 days after termi-
while that person is handl-
nation of service); and
ing funds or other property
of any Plan insured under
ii. Whom you compensate
this insurance.
directly by salary, wages or
commissions; and
(b) If any Plan is insured jointly
with any other entity under this
iii. Whom you have the right
policy, you or the Plan Admin -
to direct and control while
istrator must select a Limit of
performing services for
Insurance for this Additional
you; or
Coverage that is sufficient to
Page 4 of 10
0
0
0
0
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provide an amount of insurance
for each Plan that is at least
equal to that required if each
Plan were separately insured.
(c) If the Insured first named in the
Declarations that apply to this
policy is an entity other than a
Plan any payment we make to
that Insured for loss sustained
by any Plan will be held by that
Insured for the use and benefit
of the Plan(s) sustaining the
loss.
(d) If two or more Plans are in-
sured under this insurance, any
payment we make for loss:
i. Sustained by two or more
plans or
ii. Of commingled funds or
other property of two or
more Plans
that arises out of one occur-
rence, is to be shared by each
Plan sustaining loss in the pro-
portion that the amount of in-
surance required for each such
Plan under ERISA provisions
bears to the total of those
amounts.
(e) The Deductible provision con-
tained in this policy does not
apply to loss sustained by any
Plan subject to ERISA which
is insured under this Additional
Coverage.
(11) If there is other insurance covering
the same loss or damage provided
by this Additional Coverage,
LL
W whether covered by this policy or
1-4
any other policy, we will pay only
for the amount of covered loss or
Wdamage in excess of the amount due
from that other insurance. But we
N will not pay more than the applica-
U ble Limit of Insurance.
0 141108 1-99
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Signs
If you occupy a location you do not
own, and the location appears as a Spe-
cifically Identified Location on the Dec-
larations, we cover the exterior signs you
use in your business at the covered lo-
cation. We will cover the signs for direct
physical loss or damage from any Cov-
ered Cause of Loss applying to your Bu-
siness Personal Property.
We will not pay under this Additional
Coverage for loss of or damage to any
sign at a location which you are required
by written lease to insure the Business
Real Property, excepting specific re-
quirements in a written lease or other
contract for you to insure your signs at
the location.
The most we will pay for loss or damage
covered by this Additional Coverage is
the Limit of Insurance shown in the
Schedule that applies to this
Endorsement for Signs. The Limit of
Insurance shown is the most we will pay
regardless of the number of signs lost or
damaged in a single occurrence.
This Additional Coverage shall apply
only as excess insurance over any insur-
ance provided by or for the building
owner.
k. Exterior Glass
If you occupy a location you do not
own, and the location appears as a Spe-
cifically Identified Location on the Dec-
larations, we cover the exterior glass of
the building for which you are required
by written lease to insure. We will cover
the exterior glass for direct physical loss
or damage from any Covered Cause of
Loss applying to your Business Personal
Property.
We will not pay under this Additional
Coverage for loss of or damage to any
glass at a location which you are required
by written lease to insure the Business
Real Property, excepting specific re-
quirements in a written lease or other
contract for you to insure the exterior
glass at the location.
Page 5 of 10
1.
The most we will pay for loss or damage
covered by this Additional Coverage is
the Limit of Insurance shown in the
Schedule that applies to this Endorse-
ment for Exterior Glass. The Limit of
Insurance shown is the most we will pay
regardless of the amount of exterior glass
lost or damaged in a single occurrence.
This Additional Coverage shall apply
only as excess insurance over any insur-
ance provided by or for the building
owner.
Spoilage
(1) We will pay for loss or damage to
your perishable goods contained in
refrigeration units at covered lo-
cations caused by or resulting from:
(a) Mechanical or electrical break-
down or failure of the refriger-
ation units, their controls and
related equipment which are
owned or used by you;
(b) Refrigerant leakage;
(c) A power failure beyond your
control which caused a change
in temperature or humidity; or
(d) Contamination by the refriger-
ant.
(2) We will not pay for loss or damage
to perishable goods caused by or re-
sulting from:
(a) The disconnection of any re-
frigerating, cooling or humidity
control system from the source
of power;
(b) The deactivation of electrical
power caused by the manipu-
lation of electrical power or
current;
(c) The inability of a power source
at the described premises to
provide sufficient power due to
lack of generating capacity to
meet demand;
(d) The inability of an electric util-
ity company or any other
power source to provide suffi-
cient power due to:
i. Lack of fuel; or
ii. Governmental order.
(e) Breaking of any glass that is a
permanent part of any refriger-
ating, cooling or humidity con-
trol unit;
(f) Failure to use reasonable care
to maintain all refrigerating,
cooling or humidity control
systems in proper operating
condition;
(3) We will not pay for loss or damage
if you fail to use reasonable care to
maintain all refrigeration units in
proper operating condition.
(4) Perishable stock means personal
property:
(a) Maintained under controlled
conditions for its preservation;
and
(b) Susceptible to loss or damage if
the controlled conditions
change.
(5) The most we will pay for loss or
damage in any one occurrence is the
Limit of Insurance shown in the
Schedule that applies to this En-
dorsement for Spoilage.
in. Cost of Preparing A Statement of Loss
When a Covered Causes of Loss occurs
which exceeds your deductible for such
loss, we will reimburse you the reason-
able expenses you incur to make an in-
ventory, appraisal or adjustment in order
to prepare your statement of loss.
In addition to the exclusions in the
printed policy form to which this en-
dorsement is attached, this Additional
Coverage does not cover the following:
141108 1-99 Page 6 of 10
(1) Legal expenses of any kind, includ-
(a) Until the property is actually
ing but not limited to lawyer's fees,
repaired or replaced by you at
expenses and costs; and
the same or another premises;
and
(2) Fees and costs of public adjusters
hired by you to represent your in-
(b) Unless the repairs or replace-
terests.
ment are made as soon as rea-
sonably possible after the loss
The most we will reimburse you for the
or damage, not to exceed two
expenses covered by this Additional
years. We may extend this pe -
Coverage is the Limit of Insurance
riod in writing during the two
shown in the Schedule that applies to this
a cause of loss we cover applying busi-
Endorsement for Cost of Preparing a
years.
Statement of Loss.
We will not pay under this Additional
(2) We will not pay for the increased
Coverage for the costs to test for, moni-
n. Tenant's Improvements and Betterments
tor, clean up, remove, contain, treat, de-
papers and records include books, maps,
toxify or neutralize, or in any way
If you occupy a location you do not
respond to, or assess the effects of pollu-
own, and the location appears as a Spe-
tants.
cifically Identified Location on the Dec-
The most we will pay for loss due to the
larations, we will pay the increased cost
increased cost of construction as covered
to repair or reconstruct damaged portions
by this Additional Coverage is the Limit
of the improvements and betterments
of Insurance shown in the Schedule that
made or acquired at your expense at the
applies to this Endorsement for Tenant's
x Specifically Identified Location when theLL
Improvements and Betterments - Ordi-
co increased cost is a consequence of en-
nance or Law.
forcement of any building, zoning or land
Page 7 of 10
o use ordinance or law. We will only pay
This Additional Coverage shall apply
g the increased cost if the loss or damage
only as excess insurance over any other
co to the improvements and betterments
valid and collectible insurance covering
N made or acquired at your expense is
the same increased costs of construction
caused by a cause of loss we cover ap-
for your Tenant's Improvements and
plying to your business personal property
Betterments, including but not limited to
at the location.
insurance provided by or for the building
However:
owner.
(1) This Additional Coverage applies
4. Item 5.c. Valuable Papers and Records, of
only if the Specifically Identified
Section A. Coverage is replaced by the fol -
Location is restored or remodeled
lowing:
for your occupancy and such occu-
c. Valuable Papers and Records
panty is similar to that which existed
Z
immediately preceding the covered
We cover the valuable papers and records
cause of loss, unless such occupancy
you use in your business against loss from
is not permitted by zoning or land
a cause of loss we cover applying busi-
o
use ordinance or law.
ness personal property at the covered lo-
(2) We will not pay for the increased
cation where the loss occurs. Such
cost of construction if you do not
papers and records include books, maps,
a
repair, replace or remodel your im-
films, drawings, abstracts, deeds, mort-
gages and manuscripts and those records
W
which exist in electronic or magnetic
o
(3) We will not pay any increased costs
media and film, negatives, discs, slides,
N
of construction under this Addi-
photographs and video tape. We only
U
tional Coverage:
cover them while they are in that part of
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141108 1-99
Page 7 of 10
the building which you occupy at the
damage by a Covered Cause of Loss
covered location.
to the property described in para-
graph (4) below, not on the premises
We will pay the research and other costs
of a covered location.
necessary to reproduce, replace or restore
applies to this Endorsement for
such papers and records. The most we
We will only pay for the actual loss
will pay for loss or damage to Valuable
you sustain that is greater than the
Papers and Records under this Coverage
Deductible amount shown in the
Extension is the Limit of Insurance
Schedule that applies to this En -
shown in the Schedule that applies to this
dorsement for Utility Service - Phy-
Endorsement for Valuable Papers and
sical Damage.
Records.
(3) We will not pay under this Coverage
(2) If the Declarations to the Property -
Item 5.g., Accounts Receivable, of Section
Gard Building and Personal Prop -
A. Coverage, is replaced by the following:
erty Coverage Form shows you have
age Extension is the Limit of Insurance
Business Income Coverage, we will
g. Accounts Receivable
also pay for loss of Business Income
We cover your records of balances owed
or Extra Expense at the covered lo -
you by your customers while the records
cation caused by the interruption of
are at a covered location. We cover such
utility service to the covered lo -
cation. The interruption must result
records against loss from a cause of loss
from direct physical loss or damage
we cover applying at the location.
by a Covered Cause of Loss to the
We will pay the following when they re-
property described in paragraph (4)
sult from loss or damage to these records:
below, not on the premises of a
Covered Property caused by the in-
covered location.
(1) Sums owed you by customers which
you cannot collect;
We will only pay for the actual loss
you sustain after the number of
(2) Interest charges you must pay on
hours shown in the Schedule that
loans obtained to offset impaired
applies to this Endorsement for
collections;
Utility Service - Business Income
has past following the direct physical
(3) That part of your collection costs
loss or damage to the off -premises
that exceeds your normal costs;
property to which this endorsement
applies.
(4) Other costs you reasonably incur to
restore your records.
(3) We will not pay under this Coverage
Extension for any loss or damage to
The most we will pay for loss or damage
your property, or for any loss of
under this Accounts Receivable Cover-
Business Income that may result
age Extension is the Limit of Insurance
from damage to your property or to
shown in the Schedule that applies to this
the property described in paragraph
Endorsement for Accounts Receivable.
(4) below, caused directly or indi-
6. The following is added to item 5., Coverage
rectly by the actual or alleged ina-
Extensions, of Section A., Coverage:
bility, failure, malfunction or
inadequacy of a utility service's
h. Utility Services
electronic equipment or software,
including data and media, to cor-
(1) We will pay for loss of or damage to
rectly recognize, process, distinguish,
Covered Property caused by the in-
interpret or accept one or more dates
terruption of service to the
or times. An example is the inability
premises. The interruption must re-
of computer software to recognize
sult from direct physical loss or
the year 2000.
141108 1-99 Page 8 of 10
If loss or damage to your Covered
iii. Substations;
Property by the specified causes of
LL
loss results, we will pay for that re-
iv. Transformers; and
sulting loss or damage. Addi-
(b) Communication Supply Ser-
tionally, we will pay for your actual
v. Transmission lines,
loss of Business Income and Extra
It does not include overhead
Expense (if you have Business In-
transmission lines.
come Coverage) if loss or damage to
the property described in paragraph
(5) The most we will pay in any one
(4) below by the specified causes of
loss for this Additional Coverage,
loss results, and you sustain actual
whether the loss is for:
loss of Business Income or Extra
7. The following Deductible Provision shall ap-
Expense because of interruption of
(a) Direct physical loss or damage
utility service caused directly by such
to Covered Property; or
loss or damage.
this Endorsement:
(b) Loss of Business Income or
(4) Utility Services
Extra Expense; or
(a) Water Supply Services, mean- (c) A combination of (5)(a) and
ing the following types of pro- (5)(b) above
perty supplying water to the
covered location: is the Limit of Insurance shown in
the Schedule that applies to this
i. Pumping stations; and Endorsement for Utility Service.
ii. Water mains.
The Limit of Insurance shown in the
LL
Schedule for Utility Service is part
(b) Communication Supply Ser-
of, not in addition to, the Limit of
o
vices, meaning property sup -
Insurance stated in the Declarations
g
plying communication services,
as applicable to your Covered Pro -
including telephone, radio, mi-
perty and Business Income.
N
crowave or television services to
x
the covered location, such as:
7. The following Deductible Provision shall ap-
ply with respect to the coverages provided by
i. Communication trans-
this Endorsement:
mission lines, including
optic fiber transmission
We will not pay for loss or damage in any one
lines;
occurrence until the amount of loss or dam-
age exceeds the Deductible shown in the
ii. Coaxial cables; and
Schedule that applies to the described cover-
age. We will then pay the amount of loss or
iii. Microwave radio relays ex-
damage in excess of the Deductible, up to the
cept satellites.
applicable Limit of Insurance for the de-
scribed coverage.
It does not include overhead
transmission lines.
If more than one deductible is applicable un-
der this Endorsement, or under the Proper -
(c) Power Supply Services, mean-
ty-Gard Building and Personal Property
LL
W
ing the following types of pro-
Coverage Form, we will only apply the single
W)
perty supplying electricity,
highest amount that is applicable.
a
steam or gas to the covered lo -
a
cation:
We have the right, but not the duty to pay
W
any claim in full, including the amount of
i. Utility generating plants;
your deductible in order to settle a claim. If
N
we elect to pay any part of your deductible,
ii. Switching stations;
you agree to reimburse us for the full amount
141108 1-99
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Page 9 of 10
of such deductible. Upon receipt of a bill for
deductible amounts, you will pay us
promptly.
8. The following Glass Deductible Provision is
added:
We will not pay for loss or damage to glass in
any one occurrence until the amount of loss
or damage exceeds the Glass Deductible
shown in the Schedule that applies to this
Endorsement. We will then pay the amount
of loss or damage in excess of the Deductible,
up to the applicable Limit of Insurance.
If more than one deductible is applicable un-
der this Endorsement or under the Property -
Gard Real and Personal Property Coverage
Form, we will only apply the highest amount
that is applicable.
9. The following is added to Section H. Defi-
nitions:
12. Securities means negotiable or non-neg-
otiable papers which represent money.
B. The Causes of Loss Form is amended to include
the following Coverage Enhancement:
Coverage Enhancement - Electronic Equipment,
Software, Data and Media
1. Sections B.2.a. and B.2.d.(7) of the Causes of
Loss Form are deleted, but only with respect
software, data, media, computer programs
and the following types of electronic equip-
ment:
a. Electronic data processing equipment;
b. Radiology equipment;
c. Medical monitoring equipment, includ-
ing, but not limited to pulse oximeters
and anesthesia monitoring equipment;
d. Imaging equipment, including, but not
limited to ultrasound, endoscope equip-
ment;
e. Laboratory equipment;
f. Autoclaves.
2. This Coverage Enhancement does not apply
to:
a. Building electrical systems, wiring, or
equipment used to monitor the electrical
components, wiring or other electrical
apparatus attached to or part of business
real property.
b. Equipment not identified in 1. above;
c. Vacuum tubes and gas tubes;
d. Computed tomography equipment, in-
cluding single photon emission equip-
ment;
e. Magnetic resonance imaging equipment;
f. Positron emission tomography equip-
ment.
g. Software which cannot be replaced with
other software of the same kind or qual-
ity.
h. Data, if such data cannot be reproduced
by utilizing existing records and materi-
als;
(1) Owned by you; or
(2) Which are in your care, custody or
control.
3. a. Electronic data processing equipment
means machines, or a network of ma-
chines, whose function is the acceptance
and processing of data in accordance with
a plan or computer program.
b. Data means facts, concepts or in-
structions which are converted to a form
usable in your data processing oper-
ations, including computer programs.
c. Computer programs means data used to
direct the computer equipment, including
diagrams or other records which can be
used to reproduce programs.
d. Media means materials on which data are
recorded or stored.
e. Software means any combination of data,
media or computer programs.
141108 1-99 Page 10 of 10
U)
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Veterinary Flood Endorsement - 141872 01 99
Policy Amendment(s) Commercial Property Coverage
Insured: DOVER SHORES PET CARE CENTER
Producer: ABD-Assoc. Div, CVMA South
Schedule
Locations to which this Endorsement Applies:
Loc. #
Policy Number: 8 H1 MZG 07186870
Effective Date: 07/01/00
(If no entry appears above, information required to complete this Endorsement will be shown in the Declarations
as applicable to this Endorsement.)
Business Personal Property Flood Coverage
We will pay for direct physical loss or damage to your
Business Personal Property which is caused by, result-
ing from, contributed to or made worse by any one
flood. We will only pay for the loss if the flood occurs
at a location shown in the Schedule that applies to this
Endorsement.
This Endorsement does not apply to loss to Business
Real Property, or for your Extra Expense or loss of
Business Income which is caused directly or indirectly
by flood, including but not limited to any suspension
of operations or period of restoration which may occur
as a result of flood damage to Business Personal Prop-
erty.
The most we will pay for loss under this Business Per-
sonal Property Flood Coverage is the Limit of Insur-
ance that applies to your Business Personal Property.
Payments under this Business Personal Property Flood
Coverage will not increase the Limit of Insurance that
applies to your Business Personal Property. The Limit
of Insurance that applies to your Business Personal
Property is the most we will pay in any one occurrence
for loss to your Business Personal Property, including
the loss caused by or resulting from flood.
The Deductible that applies to your Business Personal
Property will also apply to the coverage afforded by this
Endorsement.
This Endorsement is otherwise subject to all the terms,
conditions, provisions and stipulations of the policy to
which it is attached.
This Form must be attached to Change Nndorsement when issued after the policy is written.
One of the Fireman's Fund Insurance Companies as named in the policy
Se retary
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Property -Gard Building and Personal Property Coverage Form
142000 12 88
Commercial Property Coverage
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.
A location number appears in the Declarations for each
covered location. Any premises number that appears
in this policy applies to the location with the same
number.
Some words and phrases that appear in bold face or
quotation marks have special meaning. Refer to Defi-
nitions.
A. Coverage
We will pay for direct physical loss of or damage
to Covered Property at the location described in
the Declarations caused by or resulting from any
Covered Cause of Loss.
1. Covered Property
Covered Property, as used in this Coverage
Part, means the following types of property
for which a Limit of Insurance is shown in the
Declarations:
a. Business Real Property
We cover the building at the location
shown in the Declarations. This includes
all of the following:
(1) completed additions;
(2) permanently installed fixtures, ma-
chinery and equipment;
(3) outdoor fixtures and structures, in-
cluding light standards, fences, signs
and well -housings; and
(4) personal property you own which is
used to maintain or service the
building or its premises. This in-
cludes
(a) fire extinguishing equipment;
(b) outdoor furniture;
(c) floor covering; and
(d) appliances used for refrigerat-
ing, ventilating, cooking,
dishwashing or laundering.
(5) If not covered by other insurance,
we cover:
(a) additions under construction,
alterations and repairs to the
building or structure.
(b) materials, equipment, supplies
and temporary structures which
are within 100 feet of the de-
scribed premises and are used
for making additions, alter-
ations or repairs to the building
or structure.
b. Your Business Personal Property
We cover the following items of personal
property which you own and use in your
business while they are in or on the
This Form must be attached to Change Endorsement when issued after the policy is written.
One of the Fireman's Fund Insurance Companies as named in the policy
Se etary
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APresident
14200012-88R Page 1 of 13
premises at the location described in the
Item D - Property at Locations Not
Declarations or in the open (or in a ve-
Specifically Identified. This includes
hicle) within 100 feet of the described
all the types of property under
premises.
ITEMS A, B, and C. We only cover
such property while it is anywhere
(1) Property at Specifically Identified
within the policy territory, except
Locations
Canada.
Your business personal property at
(3) Property Not At a Location
identified locations is shown in the
Declarations as: Item A - Stock.
Your business personal property is
This includes stock, materials and
covered, while in transit between
supplies of all kinds. It includes
places in the policy territory. It. is
your interest in labor, materials or
shown in the Declarations as:
services furnished or arranged by
Item E - Property in The Following
you on personal property owned by
Situations. This includes all the
others.
types of property covered under
Item B -Furniture, Fixtures, Equip-
Items A,B, and C. while it is:
ment and Machinery. This includes
(a) IN DUE COURSE OF
all such items of property that are
TRANS IT -INS URED'S VE -
not permanently installed in the
HICLES. This covers busi-
building. It also includes trees,
ness personal property which is
plants and shrubs used inside the
in, on, connected to or being
building as decoration.
towed by a vehicle which you
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own, operate or lease.
Item C - Tenant's or Condominium
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Unit Owner's Improvements. This
(b) IN CARE, CUSTODY OR
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includes your use interest as tenant
CONTROL OF
in improvements and betterments.
SALESPERSONS. This
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Improvements and betterments are
covers business personal prop -
fixtures, alterations, installations or
erty which is not covered under
additions:
(a) above while it is away from
your premises in the care, cus-
(a) Made a part of the building or
tody or control of any of your
structure you occupy but do
salesperson(s).
not own; and
(c) IN CUSTODY OF CARRI-
(b) You acquired or made at your
ERS FOR HIRE. This cov-
expense but cannot legally re-
ers business personal property
D
which is not covered under (a)
D
move.
or (b) above while it is in transit
If you are a condominium unit-
or in the custody of carriers for
owner, this includes fixtures, alter-
fie.
ations, installations or additions
C. Personal Property of Others
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which are a part of the building and
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are owned by you as a unit -owner.
We cover personal property of others
only to the extent that such coverage is
2 Property at Locations Not S ecif-
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provided under Coverage Extensions,
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Identified
unless otherwise specifically covered in
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the Declarations or by endorsement to
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Your business personal property at
this policy.
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locations not identified is shown in
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the Declarations as:
2. Property Not Covered
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Page 2 of 13
We do not cover any of the following prop-
erty, unless specifically covered in the Decla-
rations or by endorsement to this policy:
a. land and land values; water; roadways,
walks, patios or other paved surfaces;
b. the cost of excavations, grading or filling;
c. foundations of buildings, structures, ma-
chinery or boilers if such foundations are
below ground;
d. equipment or machinery below the low-
est basement floor or (when there is no
basement) below ground;
e. underground pipes, flues or drains;
f. retaining walls that are not part of the
building;
g. growing crops outside of buildings;
h. personal property you sell under any de-
ferred payment plan (such as, a condi-
tional sale, trust agreement or installment
plan) after such property has been deliv-
ered to the customer;
i. any vehicle designed and intended for
highway use except:
(1) those operated solely at a covered
location;
(2) motorcycles and similar motorized
vehicles you sell;
(3) trailers which you sell and which are
designed for use with private pas-
senger automobiles.
j. animals except those you sell;
k. aircraft;
1. watercraft while afloat;
m. money and securities except as covered
under Additional Coverages subsection f.
Money, Checks and Stamps and sub-
section g.Money Orders and Counterfeit
Paper Currency.
n. Property of Others except as covered
under Coverage Extensions subsection b.
(2) Property of Others.
o. Property which is more specifically de-
scribed and covered under this policy or
any other policy.
3. Covered Causes of Loss
See applicable Causes of Loss Form as shown
in the Declarations.
4. Additional Coverages (Not Subject to the
Coinsurance Additional Condition)
a. Debris Removal
We will pay your reasonable cost to re-
move the debris of covered property
caused by or resulting from a covered
cause of loss which occurs during the
policy period.
This coverage only applies if not later
than 180 days from the date of loss or
from the end of the policy period,
whichever comes first, you:
(1) discover the loss, and
(2) report the cost to us in writing.
We will pay up to 25% of the sum of:
(1) the direct physical loss otherwise
payable under the policy, and
(2) the deductible.
But this limitation does not apply to any
additional debris removal limit provided
in the limit of insurance section.
We will not Pay:
(1) the cost to extract Pollutants from
land or water (except as provided in
d. Pollutant Removal.
(2) the cost to repair, replace or restore
property damaged or destroyed by
debris removal;
(3) the cost to remove debris from any
location used for the handling,
treatment, storage or disposal of
waste unless it is a specifically iden-
tified location shown in the Decla-
rations.
142000 12 -SSR Page 3 of 13
b. Preservation of Property
Under this Additional Coverage, the
most we will pay for claims for loss
If it is necessary to move Covered Prop-
which occurs at any one location during
erty from the described premises to pre-
the policy period is $10,000. If this pol-
serve it from loss or damage by a
icy is written for a term of more than one
Covered Cause of Loss, we will pay for
year, we will apply this limit separately
direct physical loss or damage to that
to each consecutive year of the policy
property:
period.
(1) While it is being moved or while
We will not pay:
temporarily stored at another lo-
cation; and
(1) the cost to repair, replace or restore
property damaged or destroyed by
(2) Only if the loss or damage occurs
extraction of pollutants;
within 10 days after the property is
first moved.
(2) the cost to extract pollutants from
land or water:
C. Fire Department Service Charge
(a) at any location used for the
When the fire department is called to
handling, treatment, storage or
save or protect Covered Property from a
disposal of waste unless it is a
Covered Cause of Loss, we will pay up
specifically identified location
to $1,000 for your liability for fire de-
shown in the Declarations;
partment service charges:
(b) at any location not specifically
(1) Assumed by contract or agreement
identified in the Declarations if
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prior to loss; or
the pollutants have been re-
leased, dispersed or discharged
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(2) Required by local ordinance.
from a location which is used
No Deductible applies to this Additional
for the handling, treatment,
storage or disposal of waste and
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Coverage.
which is not specifically identi-
d. Pollutant Removal
feed in the Declarations; or
We will pay your reasonable cost to ex-
(c) at any location if the pollutants
tract pollutants from land and water.
arise out of or are a conse-
quence of nuclear reaction or
The release, discharge or dispersal of the
radiation, or radioactive con -
pollutants must result from a covered
cause of loss and must occur during the
tamination.
policy period. This coverage only applies
e. F.O.B. Shipments
if no later than 180 days from the date
of loss or from the end of the policy pe-
We cover the goods you sell to others
riod, whichever comes first, you:
which are shipped to them at their risk
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of loss. But this coverage only applies if
(1) discover the loss, and
you cannot collect on the bill of sale be-
(2) report the cost to us in writing.
cause:
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(1) the goods have been damaged by a
The most we will pay in any one loss is
cause of loss we cover; and
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the lesser of:
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(2) your customer has refused or is un -
(1) 10% of the applicable Limit of Li-
able to pay.
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ability; or
If this occurs, we will adjust the loss as
(2) $10,000
if the property were your business
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personal property to the extent that such
newly acquired location anywhere in the
property is covered by this policy.
policy territory except Canada. The
most we will pay for any one loss is
We will not pay more than the Limit of
$250,000, whether the loss occurs to real
Insurance in the Declarations that applies
or personal property or to both. This
to property in the custody of carriers for
coverage ends:
hire.
(1) 120 days from the date you acquire
f. Money, Checks and Stamps
the property; or
We cover money, checks and stamps you
(2) on the date you report the values of
use in your business as shown by your
the property to us; or
records. We cover them while they are
contained in the building at a location
(3) on the date this policy expires;
we cover. We also cover them while they
whichever occurs first.
are being carried to or from a covered
location. We cover such property against
When you report the values of the prop -
loss from a cause of loss we cover apply-
erty to us, you will owe us additional
ing to your business personal property
premium from the date of acquisition.
at the location. We do not cover any loss
b. Personal Effects and Property of Others
caused by or resulting from forgery; al-
terations; the giving or surrendering of
(1) Personal Effects
checks or money in exchange or pur-
chase; or accounting or arithmetic errors
We cover your personal effects and
or omissions. Our limit of liability for
those of your officers, partners and
this coverage is $1,000 in any one loss.
employees while such property is at
a covered location. This coverage
g. Money Orders and Counterfeit Paper
does not apply to any personal ef-
Currency
fects which are covered elsewhere by
this policy or by any other insur-
Loss due to the acceptance in good faith,
ance. We cover such property
in exchange for merchandise, Money or
against loss from a cause of loss we
services, of any post office or express
cover applying to your business
money order, issued or purporting to
personal property at the location.
have been issued by any post office or
express company, if such money order is
No matter how many persons suffer
not paid upon presentation, or due to the
loss to their personal effects, we will
acceptance in good faith in the regular
not pay more than $1,000 to any
course of business of counterfeit United
one person in any one loss.
States or Canadian paper currency. Our
limit of liability for this coverage is $1000
Nor will we pay more than the les -
in any one loss.
sor of $10,000 or 10% of the limit
on business personal property at the
5. Coverage Extensions (Not Subject to the
location where the loss occurs, no
Coinsurance Additional Condition)
matter how many persons suffer
loss.
a. Newly Acquired Property
(2) Property of Others
If the Declarations show you have Busi-
ness Real Property Coverage, we cover
We cover property of others while it
the buildings you acquire anywhere in
is at a covered location. We cover
the policy territory except Canada. If the
such property against loss from a
Declarations show you have Business
cause of loss we cover applying to
Personal Property Coverage, we cover
your business personal property at
your business personal property at a
the location.
14200012-88R Page 5 of 13
We will not pay more than the lesser
commotion; smoke; vehicles, vandalism
of $10,000 or 10% of the limit on
or malicious mischief. We will not pay
business personal property at the
more than the lesser of $10,000 or 10%
location where the loss occurs.
of the combined limits on business real
property and business personal property
C. Valuable Papers and Records
at the location where the loss occurs, but
We cover the valuable papers and records
not more than $250 for any one tree,
you use in your business against loss from
shrub or plant.
a cause of loss we cover applying to
f. Extra Expense, Expediting Expense and
business personal property at the covered
Loss Adjustment Expense
location where the loss occurs. Such
papers and records include books, maps,
When a loss covered by this policy oc-
f"ilms, drawings, abstracts, deeds, mort-
curs, we will pay the extra expense you
gages and manuscripts and those records
necessarily incur to continue or resume
which exist in electronic or magnetic
your normal business operations. We will
media and film, negatives, discs, slides,
pay only that part of the total expense
photographs and video tape. We only
that exceeds the amount which ordinarily
cover them while they are in that part of
would have been incurred to conduct
the building which you occupy at the
your business. We will not be liable for
covered location.
any longer period of time than is neces-
sarily required to rebuild, repair or re -
We will pay the research and other costs
place the damaged property. This period
necessary to reproduce, replace or restore
of time is not limited by the expiration
such papers and records. We will not
date of the policy.
pay more than the lesser of $10,000 or
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10% of the limit on business personal
We will also pay the reasonable cost you
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property at the location where the loss
incur to expedite repairs to covered
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occurs.
property. This includes payment of
overtime wages and the extra cost of ex -
ts
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d. Property Off Premises
press or other rapid means of transpor-
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We cover covered property while it is
tation.
temporarily away from the covered lo-
We will also pay the extra wages you pay
cation to be cleaned, repaired or serviced.
your employees for preparing inventories
While at the temporary location, we
and other loss data for completing your
cover it against loss from a cause of loss
proof of loss. We do not cover any other
we cover applying to the property at the
expenses incurred in preparing or sub -
covered location. While in transit to and
mitting claims.
from the temporary location, the Special
Causes of Loss apply to such property.
The Special Exclusions that apply to the
Extra Expense Coverage Form shall ap-
We will not pay more than the lesser of
ply to this coverage.
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$10,000 or 10% of the combined limits
on business real property and business
We will not pay more than the lesser of
personal property at the covered location
$10,000 or 10% of the combined limits
where the property is usually situated.
on business real property and business
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personal property at the location where
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e. Outdoor Property: Trees, Shrubs, Plants
the loss occurs.
and Lawns
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g. Accounts Receivable
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We cover your trees, shrubs, plants and
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lawns that are outside a covered building
We cover your records of balances owed
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when the loss is caused by or results from
you by your customers while the records
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any of the following causes of loss: fire;
are at a covered location. We cover such
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lightning; aircraft; explosion; riot or civil
records against loss from a cause of loss
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we cover applying to your business per-
sonal property at the location.
We will pay the following when they re-
sult from loss or damage to these records:
(1) Sums owed you by customers which
you cannot collect;
(2) Interest charges you must pay on
loans obtained to offset impaired
collections;
(3) That part of your collection costs
that exceeds your normal costs;
(4) Other costs you reasonably incur to
restore your records.
We will not pay more than the lesser of
$10,000 or 10% of the limit on business
personal property at the location where
the loss occurs.
B. Exclusions
See applicable Causes of Loss Form as shown in
the Declarations.
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.
The limits applicable to the Coverage Extensions
and the Pollutant Removal and Fire Department
Service Charge Additional Coverage are in addi-
tion to the Limits of Insurance.
Payments under the following Additional Cover-
ages will not increase the applicable Limit of In-
surance:
1. Preservation of Property
2. Debris Removal
3. F.O.B. Shipments
4. Money, Checks and Stamps
5. Money Orders and Counterfeit Paper Cur-
rency
When the Limit of Insurance is exhausted we will
pay an additional amount up to the lesser of:
1. 5% of the applicable limit of liability; or
2. $50,000
under the Debris Removal Additional Coverage.
D. Deductible
We will not pay for loss or damage in any one
occurrence until the amount of loss or damage
exceeds the Deductible shown in the Declarations.
We will then pay the amount of loss or damage in
excess of the Deductible, up to the applicable
Limit of Insurance.
If more than one deductible is applicable under
this Property Guard Coverage Form, we will only
apply the highest amount that is applicable.
E. Loss Conditions
The following conditions apply in addition to the
Common Policy Conditions and the Commercial
Property Conditions.
1. Abandonment
There can be no abandonment of any prop-
erty to us.
2. Appraisal
If we and you disagree on the value of the
property 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 umpire. If they can-
not agree, either may request that selection
be made by a judge of a court having juris-
diction. 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:
a. Pay its chosen appraiser; and
b. 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.
3. Duties In The Event Of Loss Or Damage
142000 12-88R Page 7 of 13
You must see that the following are done in
a. In the event of loss or damage covered
the
event of loss or damage to Covered
by this Coverage Form, at our option
Property:
we will either:
a.
Notify the police if a law may have been
(1) Pay the value of lost or damaged
broken.
property;
b.
Give us prompt notice of the loss or
(2) Pay the cost of repairing or replacing
damage. Include a description of the
the lost or damaged property;
property involved.
(3) Take all or any part of the property
c.
As soon as possible, give us a description
at an agreed or appraised value; or
of how, when and where the loss or
(4) Repair, rebuild or replace the prop -
damage occurred.
erty with other property of like kind
d.
Take all reasonable steps to protect the
and quality.
Covered Property from further damage
b. We will give notice of our intentions
by a Covered Cause of Loss. If feasible,
within 30 days after we receive the sworn
set the damaged property aside and in the
statement of loss.
best possible order for examination.
Also keep a record of your expenses for
c. We will not pay you more than your fi-
emergency and temporary repairs, for
nancial interest in the Covered Property.
consideration in the settlement of the
d. We may adjust losses with the owners of
claim. This will not increase the Limit
lost or damaged property if other than
of Insurance.
you. If we pay the owners, such pay -
e.
At our request, give us complete inven-
ments will satisfy your claims against us
tories of the damaged and undamaged
for the owners' property. We will not
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pay the owners more than their financial
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property. Include quantities, costs, val-
interest in the Covered Property.
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ues and amount of loss claimed.
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e. We may elect to defend you against suits
f.
Permit us to inspect the property and re-
arising from claims of owners of prop -
cords proving the loss or damage. Also
erty. We will do this at our expense.
permit us to take samples of damaged
property for inspection, testing and anal-
f. We will pay for covered loss or damage
ysis.
within 30 days after we receive the sworn
statement of loss, if:
g.
If requested, permit us to question you
under oath at such times as may be rea-
(1) You have complied with all of the
sonably required about any matter relat-
terms of this Coverage Form; and
ing to this insurance or your claim,
(2) (a) We have reached agreement with
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including your books and records. In
you on the amount of loss; or
such event, your answers must be signed.
(b) An appraisal award has been
h.
Send us a signed, sworn statement of loss
made.
ocontaining
the information we request to
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investigate the claim. You must do this
5. Recovered Property
Cqwithin
60 days after our request. We will
supply you with the necessary forms.
If either you or we recover any property after
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settlement, that party must give the other
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Cooperate with us in the investigation
prompt notice. At your option, the property
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or settlement of the claim.
will be returned to you. You must then re -
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turn to us the amount we paid to you for the
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property. We will pay recovery expenses and
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the expenses to repair the recovered property,
subject to the Limit of Insurance.
6. Vacancy
If the building where loss or damage occurs
is vacant or unoccupied we will pay for loss
or damage caused by or resulting from any
Covered Cause of Loss.
If this policy contains any provisions entitled
or referred to as STANDARD FIRE POL-
ICY PROVISIONS, any limitations con-
tained therein that apply to vacant or
unoccupied buildings are deleted.
7. Valuation
If a loss occurs, we will determine the value
of the damaged property at actual cash value
as of the time of loss or damage, except as
provided below.
a. Stock will be valued as follows:
(1) Stock you have sold but not deliv-
ered at the selling price less dis-
counts and expenses you otherwise
would have had.
(2) Stock that is finished goods manu-
factured by you at the price for
which it could have been sold if
there had been no loss, less all dis-
counts and unincurred expenses.
(3) Stock shipped to you at your actual
invoice cost plus any charges you
must pay and your commission, if
you are the selling agent.
(4) Stock that you have shipped at your
selling invoice plus any guaranteed,
prepaid or advanced freight.
(5) Stock that you have shipped not
under invoice at its market value at
destination on the date of loss less
any unincurred expenses.
b. Glass will be valued at the cost to replace
damaged property with safety glazing
material if required by law.
Books of Account, abstracts, drawings,
and systems and other records, including
those which exist in electronic or
magnetic media and film, negatives, discs,
slides, photographs and video tapes, that
are not covered under Coverage Exten-
sion, subsection c. Valuable Papers and
Records will be valued at the cost of:
(1) Blank or unexposed materials for
reproducing the records; and
(2) When there is a duplicate, labor to
transcribe or copy the records.
d. When the full cost to repair or replace the
damaged property (whether it is business
personal property or business real prop-
erty or both) is $5000 or less, we will pay
the full cost to repair or replace the
property without deduction for depreci-
ation. This is subject to the following:
(1) The damaged property must be re-
paired or replaced within a reason-
able time after loss.
(2) We will not pay more than the ac-
tual cash value of the damaged
property until repair or replacement
is completed.
(3) This replacement cost provision
does not apply to any of the follow-
ing property: floor coverings,
awnings, domestic appliances and
outdoor equipment, whether they
are attached to the building or not.
(4) If coinsurance applies to the dam-
aged building, this replacement cost
provision does not apply to the loss
to the building unless the limit of li-
ability applying to that building
equals or exceeds the amount
produced by multiplying the actual
cash value of the building at the time
of loss by the coinsurance percent-
age.
e. Tenant's Improvements and Betterments
will be valued at:
(1) Actual cash value of the lost or
damaged property if you make re-
pairs promptly.
(2) A proportion of your original cost
if you do not make repairs
142000 12-88R Page 9 of 13
promptly. We will determine the
Declarations is greater than the Limit of
proportionate value as follows:
Insurance for the property.
(a) Multiply the original cost by
Instead, we will determine the most we
the number of days from the
will pay using the following steps:
loss or damage to the expira-
tion of the lease; and
(1) Multiply the value of Covered
Property at the time of loss by the
(b) Divide the amount determined
Coinsurance percentage;
in (a) above by the number of
days from the installation of
(2) Divide the Limit of Insurance of the
improvements to the expiration
property by the figure determined in
of the lease.
step (1);
If your lease contains a renewal
(3) Multiply the total amount of the
option, the expiration of the
covered loss, before the application
renewal option period will re-
of any deductible, by the figure de -
place the expiration of the lease
termined in step (2); and
in this procedure.
(4) Subtract the deductible from the
(3) Nothing if others pay for repairs or
figure determined in step (3).
replacement.
The amount determined in step (4) is the
8. Labeled Goods
most we will pay. For the remainder,
you will either have to rely on other in -
If covered goods bearing a brand on the label
surance or absorb the loss yourself.
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are damaged and we exercise our option to
take all or part of the property at the agreed
Example No. 1 (Underinsurance);
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or appraised value, you may:
When: The value of the property is
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$250,000
a. stamp Salvage on the goods on their
The Coinsurance percentage fir it is
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containers; or
80%
The Limit of Insurance for it is $100,000
b. remove the brands or labels.
The Deductible is $ 250
The amount of loss is $ 40,000
But you must not damage the goods, and
must relabel the goods or containers to com-
Step (1): $250,000 x 80% = $200,000
ply with applicable law. Any cost of stamp-
(the minimum amount of insurance to
ing, removing or relabeling the goods will be
meet your Coinsurance requirements)
charged to salvage expense.
Step (2): $100,000 divided by $200,000
F. Additional Conditions
= .50
cc
z
The following conditions apply in addition to the
Step (3): $ 40,000 x .50 = $20,000
Common Policy Conditions and the Commercial
Property Conditions.
Step (4): $ 20,000 - $250 = $19,750
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1. Coinsurance
We will pay no more than $19,750. The
remaining $20,250 is not covered.
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If a Coinsurance percentage is shown in the
a
Declarations, the following condition applies.
Example No. 2 (Adequate Insurance):
2
When: The value of the property is
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a. We will not pay the full amount of any
$250,000
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loss if the value of Covered Property at
The Coinsurance percentage for it is 80%
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the time of loss times the Coinsurance
The Limit of Insurance for it is $ 200,000
percentage shown for it in the
The Deductible is $ 250
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iaa000 12-88xCO
Page 10 of 13
The amount of loss is $ 40,000
Step (1): $250,000 x 80% = $200,000
(the minimum amount of insurance to
meet your Coinsurance requirements)
Step (2): $200,000 divided by $200,000
= 1.00
Step (3): $ 40,000 x 1.00 = $40,000
Step (4): $ 40,000 - $250 = $39,750
We will cover the $39,750 loss in excess
of the Deductible. No penalty applies.
b. If one Limit of Insurance applies to two
or more separate items, this condition
will apply to the total of all property to
which the limit applies.
Example No. 3
When: The value of the property is:
Bldg. at Location No. 1 $ 75,000
Bldg. at Location No. 2 100,000
Personal Property at
Location No. 2 75,000
$250,000
The Coinsurance percentage for it is 90%
The Limit of Insurance for Buildings
and Personal Property at Locations
Nos. I and 2 is $180,000
The Deductible is 1,000
The amount of loss is
Bldg. at Location No. 2 30,000
Personal Property at
Location No. 2 20,000
$ 50,000
Step (1): $250,000 x 90% = $225,000
(the minimum amount of insurance to
meet your Coinsurance requirements and
to avoid the penalty shown below)
Step (2): $180,000 divided by $225,000
= .80
Step (3): $ 50,000 x .80 = $40,000
Step (4): $ 40,000 - $1,000 = $39,000.
We will pay no more than $39,000. The
remaining $11,000 is not covered.
c. If the loss involves property at a location
not specifically identified, the value used
in a. (1) will be the total value of all
property at all locations not specifically
identified. The Limit of Insurance in a.
(2) will be the aggregate Limit of Insur-
ance shown in the Declarations.
d. This Coinsurance Additional Condition
does not apply to ITEM E.
2. Mortgage Holders
a. The term mortgage holder includes trus-
tee.
b. We will pay for covered loss of or dam-
age to buildings or structures to each
mortgage holder shown in the Declara-
tions in their order of precedence, as in-
terests may appear.
c. The mortgage holder has the right to re-
ceive loss payment even if the mortgage
holder has started foreclosure or similar
action on the building or structure.
d. If we deny your claim because of your
acts or because you have failed to comply
with the terms of this Coverage Part, the
mortgage holder will still have the right
to receive loss payment if the mortgage
holder:
(1) Pays any premium due under this
Coverage Part at our request if you
have failed to do so;
(2) Submits a signed, sworn statement
of loss within 60 days after receiving
notice from us of your failure to do
so; and
(3) Has notified us of any change in
ownership, occupancy or substantial
change in risk known to the mort-
gage holder.
All of the terms of this Coverage Part
will then apply directly to the mortgage
holder.
e. If we pay the mortgage holder for any
loss or damage and deny payment to you
14200012 -SSR Page I1 of 13
because of your acts or because you have
not extended, the Additional Condition,
failed to comply with the terms of this
Coinsurance, is reinstated and this Op -
Coverage Part:
tional Coverage expires.
(1) The mortgage holder's rights under
c. The terms of this Optional Coverage ap-
the mortgage will be transferred to
ply only to loss or damage that occurs:
us to the extent of the amount we
pay; and
(1) On or after the effective date of this
Optional Coverage; and
(2) The mortgage holder's right to re-
cover the full amount of the mort-
(2) Before the Agreed Value expiration
gage holder's claim will not be
date shown in the Declarations or
impaired.
the policy expiration date, whichever
occurs first.
At our option, we may pay to the mort-
gage holder the whole principal on the
2• Val -U -Gard (if applicable, see endorsement)
mortgage plus any accrued interest. In
3. Replacement Cost
this event, your mortgage and note will
be transferred to us and you will pay
a. Replacement Cost (without. deduction
your remaining mortgage debt to us.
for depreciation) replaces Actual Cash
f. If we cancel this policy, we will give
Value in the Loss Condition, Valuation,
written notice to the mortgage holder at
of this Coverage Form.
least:
b. This Optional Coverage does not apply
(1) 10 days before the effective date of
to:
cancellation if we cancel for your
(1) Property of others;
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nonpayment of premium; or
`°
(2) Contents of a residence;
(2) 30 days before the effective date of
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cancellation if we cancel for any
(3) Manuscripts;
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other reason.
(4) Works of art, antiques or rare arti-
Ng.
If we elect not to renew this policy, we
cles, including etchings, pictures,
x
will give written notice to the mortgage
statuary, marbles, bronzes,
holder at least 10 days before the expira-
porcelains and bric-a-brac; or
tion date of this policy.
(5) Stock, unless the Declarations spe-
G. Optional Coverages
cifically state that Replacement Cost
applies to Stock.
If shown in the Declarations, the following Op-
tional Coverages apply separately to each item.
c. You may make a claim for loss or dam-
age covered by this insurance on an
1. Agreed Value
actual cash value basis instead of on a
replacement cost basis. In the event you
z
a. The Additional Condition, Coinsurance,
elect to have loss or damage settled on
does not apply to Covered Property to
an actual cash value basis, you may still
which this Optional Coverage applies.
make a claim for the additional coverage
We will pay no more for loss of or dam-
this Optional Coverage provides if you
oage
to that property than the proportion
notify us of your intent to do so within
that the Limit of Insurance under this
180 days after the loss or damage.
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Coverage Part for the property bears to
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the Agreed Value shown for it in the
d. We will not pay on a replacement cost
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Declarations.
basis for any loss or damage:
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b. If the expiration date for this Optional
(1) Until the lost or damaged property
Coverage shown in the Declarations is
is actually repaired or replaced; and
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142000 12-88R
Page 12 of 13
(2) Unless the repairs or replacement
are made as soon as reasonably
possible after the loss or damage.
e. We will not pay more for loss or damage
on a replacement cost basis than the least
of.
(1) The Limit of Insurance applicable
to the lost or damaged property;
(2) The cost to replace, on the same
premises, the lost or damaged prop-
erty with other property:
(a) Of comparable material and
quality; and
(b) Used for the same purpose; or
(3) The amount you actually spend that
is necessary to repair or replace the
lost or damaged property.
H. Definitions
1. money means currency, coins and bank notes.
2. normal business operations means the state
that your operations would be in if there had
been no loss.
3. personal effects means apparel, tools, and
other personal possessions.
4. policy territory means:
a. the states of the United States of Amer-
ica;
b. the District of Columbia;
c. Canada.
5. 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.
6. premises means that part of the location you
occupy.
7. property of others means property which does
not belong to you or to your officers, part-
ners or employees.
8. stock means merchandise held in storage or
for sale; raw materials; and in -process or fin-
ished goods. It includes supplies used in
packing or shipping of any of these.
9. value means the valuation basis upon which
payment for loss or damage is made.
10. vehicle means any automobile, motorcycle,
motor truck, tractor, trailer or semi -trailer, or
any similar means of transporting persons or
property. Two or more vehicles connected
together will be considered a single vehicle.
11. your business means the trade, profession or
occupation in which you are engaged and
which is shown in the Declarations.
142000 12-88R Page 13 of 13
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Business Income Coverage Form (and Extra Expense) - CP 00 30 10 91
Commercial Property Coverage
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 bold face or
quotation marks have special meaning. Refer to SEC-
TION G - DEFINITIONS.
A. Coverage
Coverage is provided as described below for one
or more of the following options for which a Limit
of Insurance is shown in the Declarations:
(i) Business Income including Rental Value.
(ii) Business Income other than Rental Value.
(iii) Rental Value.
0
g If option (i) above is selected, the term Business
Income will include Rental Value. If option (iii)
M above is selected, the term Business Income will
Cq
11 mean Rental Value only.
If Limits of Insurance are shown under more than
one of the above options, the provisions of this
Coverage Part apply separately to each.
We will pay for the actual loss of Business Income
you sustain due to the necessary suspension of
your operations during the period of restoration.
The suspension must be caused by direct physical
loss of or damage to property at the premises de -
z scribed in the Declarations, including personal
property in the open (or in a vehicle) within 100
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feet, caused by or resulting from any Covered
Cause of Loss.
1. Business Income
Business Income means the:
a. Net Income (Net Profit or Loss before
income taxes) that would have been
earned or incurred; and
b. Continuing normal operating expenses
incurred, including payroll.
2. Covered Causes of Loss
See applicable Causes of Loss Form as shown
in the Declarations.
3. Additional Coverages
a. Extra Expense
Extra Expense means necessary expenses
you incur during the period of restoration
that you would not have incurred if there
had been no direct physical loss or dam-
age to property caused by or resulting
from a Covered Cause of Loss.
(1) We will pay any Extra Expense to
avoid or minimize the suspension of
business and to continue operations:
This Form must be attached to Change Endorsement when issued after the policy is written.
One of the Fireman's Fund Insurance Companies as named in the policy
�IXA"W'c'
Se etary
President
(a) At the described premises; or
(b) At replacement premises or at
temporary locations, including:
(i) Relocation expenses; and
(ii) Costs to equip and operate
the replacement or tempo-
rary locations.
CP0030 10-91
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(2) We will pay any Extra Expense to
minimize the suspension of business
if you cannot continue operations.
(3) We will pay any Extra Expense to:
(a) Repair or replace any property;
or
(b) Research, replace or restore the
lost information on damaged
valuable papers and records;
to the extent it reduces the amount
of loss that otherwise would have
been payable under this Coverage
Form.
b. Civil Authority
We will pay for the actual loss of Busi-
ness Income you sustain and necessary
Extra Expense caused by action of civil
authority that prohibits access to the de-
scribed premises due to direct physical
loss of or damage to property, other than
at the described premises, caused by or
resulting from any Covered Cause of
Loss. This coverage will apply for a pe-
riod of up to two consecutive weeks from
the date of that action.
c. Alterations and New Buildings
We will pay for the actual loss of Busi-
ness Income you sustain due to direct
physical loss or damage at the described
premises caused by or resulting from any
Covered Cause of Loss to:
(1) New buildings or structures, whether
complete or under construction;
(2) Alterations or additions to existing
buildings or structures; and
(3) Machinery, equipment, supplies or
building materials located on or
within 100 feet of the described
premises and:
(a) Used in the construction, alter-
ations or additions; or
(b) Incidental to the occupancy of
new buildings.
CP0030 10-91
Copyright, Insurance services Office, Inc., 1983, 1990
If such direct physical loss or damage
delays the start of operations, the period
of restoration will begin on the date op-
erations would have begun if the direct
physical loss or damage had not oc-
curred.
d. Extended Business Income
We will pay for the actual loss of Busi-
ness Income you incur during the period
that:
(1) Begins on the date property (except
finished stock) is actually repaired,
rebuilt or replaced and operations
are resumed; and
(2) Ends on the earlier of:
(a) The date you could restore your
operations, with reasonable
speed, to the condition that
would have existed if no direct
physical loss or damage oc-
curred; or
(b) 30 consecutive days after the
date determined in (1) above.
Loss of Business Income must be caused
by direct physical loss or damage at the
described premises caused by or resulting
from any Covered Cause of Loss.
4. Coverage Extension
If a Coinsurance percentage of 50% or more
is shown in the Declarations, you may extend
the insurance provided by this Coverage Part
as follows:
Newly Acquired Locations
a. You may extend your Business Income
Coverage to apply to property at any lo-
cation you acquire other than fairs or
exhibitions.
b. The most we will pay for loss under this
Extension is 10% of the Limit of Insur-
ance for Business Income shown in the
Declarations, but not more than
$100,000 at each location.
Page 2 of 8
c. Insurance under this Extension for each
newly acquired location will end when
any of the following first occurs:
(1) This policy expires;
(2) 30 days expire after you acquire or
begin to construct the property; or
(3) You report values to us.
We will charge you additional premium
for values reported from the date you
acquire the property.
This Extension is additional insurance. The
Additional Condition, Coinsurance, does not
apply to this Extension.
B. Exclusions
See applicable Causes of Loss Form as shown in
the Declarations.
C. Limits of Insurance
The most we will pay for loss in any one occur-
rence is the applicable Limit of Insurance shown
0
in the Declarations.
0
0
The limit auolicable to the Coveraue Extension is
CO in addition to the Limit of Insurance.
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x Payments under the following Additional Cover-
ages will not increase the applicable Limit of In-
surance:
1. Alterations and New Buildings;
party will select a competent and impartial
appraiser.
The two appraisers will select an umpire. If
they cannot agree, either may request that se-
lection be made by a judge of a court having
jurisdiction. The appraisers will state sepa-
rately the amount of Net Income and operat-
ing expense or 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:
a. Pay its chosen appraiser; and
b. 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.
2. Duties in the Event of Loss:
a. You must see that the following are done
in the event of loss:
(1) Notify the police if a law may have
been broken.
(2) Give us prompt notice of the direct
physical loss or damage. Include a
description of the property involved.
(3) As soon as possible, give us a de-
scription of how, when, and where
the direct physical loss or damage
occurred.
2. Civil Authority; (4) Take all reasonable steps to protect
the Covered Property from further
3. Extra Expense; or damage by a Covered Cause of Loss.
If feasible, set the damaged property
4. Extended Business Income. aside and in the best possible order
Z for examination. Also keep a record
D. Loss Conditions of your expenses for emergency and
The following conditions apply in addition to the temporary repairs, for consideration
Common Policy Conditions and the Commercial in the settlement of the claim. This
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Property Conditions. will not increase the Limit of Insur-
(D
W ance.
CA
1. Appraisal
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(5) As often as may be reasonably re -
LL If we and you disagree on the amount of Net quired, pen -nit us to inspect the
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Income and operating expense or the amount property proving the loss or damage
of loss, either may make written demand for and examine your books and
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an appraisal of the loss. In this event, each records.
CP0030 10.91
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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.
(6) Send us a signed, sworn proof of loss
containing the information we re-
quest to investigate the claim. You
must do this within 60 days after our
request. We will supply you with
the necessary forms.
(7) Cooperate with us in the investi-
gation or settlement of the claim.
(8) If you intend to continue your busi-
ness, you must resume all or part of
your operations as quickly as possi-
ble.
b. We may examine any insured under oath,
while not in the presence of any other
insured and at such times as may be rea-
sonably required, about any matter re-
lating to this insurance or the claim,
including an insured's books and records.
In the event of an examination, an
insured's answers must be signed.
3. Limitation - Electronic Media and Records
We will not pay for any loss of Business In-
come caused by direct physical loss of or
damage to Electronic Media and Records af-
ter the longer of.
a. 60 consecutive days from the date of di-
rect physical loss or damage; or
b. The period, beginning with the date of
direct physical loss or damage, necessary
to repair, rebuild or replace, with rea-
sonable speed and similar quality, other
property at the described premises due to
loss or damage caused by the same oc-
currence.
Electronic Media and Records are:
(1) Electronic data processing, recording
or storage media such as films, tapes,
discs, drums or cells;
(2) Data stored on such media; or
CP0030 10.91
Copyright, Insurance Services Office, Inc., 1983, 1990
(3) Programming records used for elec-
tronic data processing or electron-
ically controlled equipment.
This limitation does not apply to Extra
Expense.
Example No. 1:
A Covered Cause of Loss damages a
computer on June 1. It takes until Sep-
tember 1 to replace the computer, and
until October 1 to restore the data that
was lost when the damage occurred. We
will only pay for the Business Income
loss sustained during the period June 1 -
September 1. Loss during the period
September 2 - October 1 is not covered.
Example No. 2:
A Covered Cause of Loss results in the
loss of data processing programming re-
cords on August 1. The records are re-
placed on October 15. We will only pay
for the Business Income loss sustained
during the period August 1 - September
29 (60 consecutive days). Loss during the
period September 30 - October 15 is not
covered.
4. Loss Determination
a. The amount of Business Income loss will
be determined based on:
(1) The Net Income of the business be-
fore the direct physical loss or dam-
age occurred;
(2) The likely Net Income of the busi-
ness if no loss or damage occurred;
(3) The operating expenses, including
payroll expenses, necessary to re-
sume operations with the same
quality of service that existed just
before the direct physical loss or
damage; and
(4) Other relevant sources of informa-
tion, including:
(a) Your financial records and ac-
counting procedures;
Page 4 of 8
(b) Bills, invoices and other vouch-
ers; and
(c) Deeds, liens or contracts.
b. The amount of Extra Expense will be
determined based on:
(1) All expenses that exceed the normal
operating expenses that would have
been incurred by operations during
the period of restoration if no direct
physical loss or damage had oc-
curred. We will deduct from the to-
tal of such expenses:
(a) The salvage value that remains
of any property bought for
temporary use during the period
of restoration, once operations
are resumed; and
(b) Any Extra Expense that is paid
for by other insurance, except
for insurance that is written
LL subject to the same plan, terms,
conditions and provisions as
this insurance; and
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(2) All necessary expenses that reduce
M the Business Income loss that oth-
erwise would have been incurred.
x
C. Resumption of Operations
We will reduce the amount of your:
(1) Business Income loss, other than
extra Expense, to the extent you can
resume your operations, in whole or
in part, by using damaged or un-
damaged property (including mer -
co
? chandise or stock) at the described
premises or elsewhere.
(2) Extra Expense loss to the extent you
LL can return operations to normal and
W discontinue such Extra Expense.
cV
c�
d. If you do not resume operations, or do
W not resume operations as quickly as pos-
sible, we will pay based on the length of
time it would have taken to resume op -
N erations as quickly as possible.
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CP0030 10-91
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5. Loss Payment
We will pay for covered loss within 30 days
after we receive the sworn proof of loss, if:
a. You have complied with all of the terms
of this Coverage Part; and
b. (1) We have reached agreement with
you on the amount of loss; or
(2) An appraisal award has been made.
E. Additional Condition
Coinsurance
If a Coinsurance percentage is shown in the Dec-
larations, the following condition applies in addi-
tion to the Common Policy Conditions and the
Commercial Property Conditions.
We will not pay the full amount of any loss if the
Limit of Insurance for Business Income is less
than:
a. The Coinsurance percentage shown for
Business Income in the Declarations;
times
b. The sum of.
(1) The Net Income (Net Profit or Loss
before income taxes), and
(2) All operating expenses, including
payroll expenses,
that would have been earned (had no loss
occurred) by your operations at the de-
scribed premises for the 12 months fol-
lowing the inception, or last previous
anniversary date, of this policy (which-
ever is later).
Instead, we will determine the most we will pay
using the following steps:
1. Multiply the Net Income and operating ex-
pense for the 12 months following the incep-
tion, or last previous anniversary date, of this
policy by the Coinsurance percentage;
2. Divide the Limit of Insurance for the de-
scribed premises by the figure determined in
step 1; and
Page 5 of 8
i
3. Multiply the total amount of loss by the fig-
ure determined in step 2.
We will pay the amount determined in step 3 or
the limit of insurance, whichever is less. For the
remainder, you will either have to rely on other
insurance or absorb the loss yourself.
Example No. I (Underinsurance):
When: The Net Income and operating expenses
for the 12 months following the inception,
or last previous anniversary date, of this
policy at the described premise would have
been $ 400,000
The Coinsurance percentage is 50%
The Limit of Insurance is $150,000
The amount of loss is $ 80,000
Step 1: $400,000 x 50% = $200,000
(the minimum amount of insurance to
meet your Coinsurance requirements)
Step 2: $150,000 _ $200,000 = .75
Step 3: $ 80,000 x .75 = $60,000
We will pay no more than $60,000. The remaining
$20,000 is not covered.
Example No. 2 (Adequate Insurance):
When: The Net Income and operating expenses
for the 12 months following the inception,
or last previous anniversary date, of this
policy at the described premises would
have been $400,000
The Coinsurance percentage is 50%
The Limit of Insurance is $ 200,000
The amount of loss is $ 80,000
Step 1: $400,000 x 50% = $200,000
(the minimum amount of insurance to
meet your Coinsurance requirements)
Step 2: $200,000 - $200,000 = 1.00
Step 3: $ 80,000 x 1.00 = $80,000
We will cover the $80,000 loss. No penalty applies.
CP0030 10-91
Copyright, Insurance Services Office, Inc., 1983, 1990
This condition does not apply to the extra Ex-
pense Additional Coverage.
F. Optional Coverages
If shown in the Declarations, the following Op-
tional Coverages apply separately to each item.
1. Maximum Period of Indemnity
a. The Additional Condition, Coinsurance,
does not apply to this Coverage Form at
the described premises to which this Op-
tional Coverage applies.
b. The most we will pay for loss of Business
Income is the lesser of:
(1) The amount of loss sustained during
the 120 days immediately following
the direct physical loss or damage;
or
(2) The Limit of Insurance shown in the
Declarations.
2. Monthly Limit of Indemnity
a. The Additional Condition, Coinsurance,
does not apply to this Coverage Form at
the described premises to which this Op-
tional Coverage applies.
b. The most we will pay for loss of Business
Income in each period of 30 consecutive
days after the direct physical loss or
damage is:
(1) The Limit of Insurance, multiplied
by
(2) The fraction shown in the Declara-
tions for this Optional Coverage.
Example:
When: The Limit of Insurance
is $120,000
The fraction shown in the Declara-
tions for this Optional Coverage is 1/4
The most we will pay for loss in each
period of 30 consecutive days is:
$120,000 x 1/4 = $30,000
Page 6 of 8
whichever occurs first.
c. We will reinstate the Additional Condi-
tion, Coinsurance, automatically if you
do not submit a new Work Sheet and
Agreed Value:
(1) Within 12 months of the effective
date of this Optional Coverage; or
(2) When you request a change in your
Business Income Limit of Insurance.
d. If the Business Income Limit of Insur-
ance is less than the Agreed Value, we
will not pay more of any loss than the
amount of loss multiplied by:
(1) The Business Income Limit of In-
surance; divided by
(2) The Agreed Value.
Example:
When: The Limit of Insurance
is $100,000
The Agreed Value is $ 200,000
The amount of loss is $ 80,000
Step (a): $100,00 - $200,000 = .50
Step (b):.50 x $80,000 = $40,000
We will pay $40,000. The remaining
$40,000 is not covered.
4. Extended Period of Indemnity
Under paragraph A.3.d., Extended Business
Income, the number 30 in subparagraph
(2)(b) is replaced by the number shown in the
Declarations for this Optional Coverage.
G. Definitions
1. Finished Stock means stock you have manu-
factured.
Finished stock also includes whiskey and al-
coholic products being aged, unless there is a
Coinsurance percentage shown for Business
Income in the Declarations.
Finished stock does not include stock you
have manufactured that is held for sale on the
Page 7 of 8
If, in this example, the actual amount
of loss is:
Days 1-30 $ 40,000
Days 31-60 20,000
Days 61-90 30,000
$ 90,000
We will pay:
Days 1-30 $ 30,000
Days 31-60 20,000
Days 61-90 30,000
$ 80,000
The remaining $10,000 is not covered.
3. Agreed Value
a. To activate this Optional Coverage:
(1) A Business Income Report/Work
Sheet must be made a part of this
policy and must show financial data
for your operations:
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(a) During the 12 months prior to
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the date of the Work Sheet; and
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(b) Estimated for the 12 months
immediately following the in -
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ception of this Optional Cover-
age.
(2) An Agreed Value must be shown in
the Declarations or on the Work
Sheet. The Agreed Value should be
at least equal to:
(a) The Coinsurance percentage
shown in the Declarations;
multiplied by
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(b) The amount of Net Income and
Operating Expenses for the fol-
lowing 12 months you report
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on the Work Sheet.
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b. The Additional Condition, Coinsurance,
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is suspended until:
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(1) 12 months after the effective date of
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this Optional Coverage; or
(2) The expiration date of this policy;
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CP0030 10-91
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whichever occurs first.
c. We will reinstate the Additional Condi-
tion, Coinsurance, automatically if you
do not submit a new Work Sheet and
Agreed Value:
(1) Within 12 months of the effective
date of this Optional Coverage; or
(2) When you request a change in your
Business Income Limit of Insurance.
d. If the Business Income Limit of Insur-
ance is less than the Agreed Value, we
will not pay more of any loss than the
amount of loss multiplied by:
(1) The Business Income Limit of In-
surance; divided by
(2) The Agreed Value.
Example:
When: The Limit of Insurance
is $100,000
The Agreed Value is $ 200,000
The amount of loss is $ 80,000
Step (a): $100,00 - $200,000 = .50
Step (b):.50 x $80,000 = $40,000
We will pay $40,000. The remaining
$40,000 is not covered.
4. Extended Period of Indemnity
Under paragraph A.3.d., Extended Business
Income, the number 30 in subparagraph
(2)(b) is replaced by the number shown in the
Declarations for this Optional Coverage.
G. Definitions
1. Finished Stock means stock you have manu-
factured.
Finished stock also includes whiskey and al-
coholic products being aged, unless there is a
Coinsurance percentage shown for Business
Income in the Declarations.
Finished stock does not include stock you
have manufactured that is held for sale on the
Page 7 of 8
premises of any retail outlet insured under this
Coverage Part.
2. Operations means:
a. Your business activities occurring at the
described premises; and
b. The tenantability of the described prem-
ises, if coverage for Business Income in-
cluding Rental Value or Rental Value
applies.
3. Period of Restoration means the period of
time that:
a. Begins with the date of direct physical
loss or damage caused by or resulting
from any Covered Cause of Loss at the
described premises; and
b. Ends on the date when the property at
the described premises should be re-
paired, rebuilt or replaced with reason-
able speed and similar quality.
Period of restoration does not include
any increased period required due to the
enforcement of any ordinance or law
that:
CP0030 10-91
Copyright, Insurance Services Office, Inc., 1983, 1990
(1) Regulates the construction, use or
repair, or requires the tearing down
of any property; or
(2) 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.
The expiration date of this policy will not cut
short the period of restoration.
4. Pollutants means any solid, liquid, gaseous
or thermal irritant or contaminant, including
smoke, vapor, soot, fumes, acids, alkalis,
chemicals and waste. Waste includes materi-
als to be recycled, reconditioned or reclaimed.
5. Rental Value means the:
a. Total anticipated rental income from
tenant occupancy of the premises de-
scribed in the Declarations as furnished
and equipped by you, and
b. Amount of all charges which are the legal
obligation of the tenant(s) and which
would otherwise be your obligations, and
c. Fair rental value of any portion of the
described premises which is occupied by
you.
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Commercial Property Conditions - CP 00 90 07 88
Policy Property Coverage
This Coverage Part is subject to the following conditions, the Common Policy Conditions and applicable Loss Con-
ditions and Additional Conditions in Property Coverage Forms.
A. Concealment, Misrepresentation or Fraud
This Coverage Part is void in any case of fraud by
you. It is also void if you or any other insured,
at any time, intentionally conceal or misrepresent
a material fact 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. 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.
D. 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 of the
terms of this Coverage Part; and
2. The action is brought within 2 years after the
date on which the direct physical loss or
damage occurred.
E. Liberalization
If we adopt any revision that would broaden the
coverage under this Coverage Part without addi-
tional premium within 45 days prior to or during
the policy period, the broadened coverage will im-
mediately apply to this Coverage Part.
F. No Benefit to Bailee
No person or organization, other than you, having
custody of Covered Property will benefit from this
insurance.
G. Other Insurance
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 Coverage Part bears to the Limits of In-
surance of all insurance covering on the same
basis.
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
covered 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.
This Form must be attached to Change Endorsement when issued after the policy is written.
One of the Fireman's Fund Insurance Companies as named in the policy
President
CP0090 7-88
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H. Policy Period, Coverage Territory
Under this Coverage Part:
1. We cover loss or damage commencing:
a. During the policy period shown in the
Declarations; and
b. Within the coverage territory.
2. The coverage territory is:
a. The United States of America (including
its territories and possessions);
b. Puerto Rico; and
c. Canada.
I. 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 or
Covered Income.
2. After a loss to your Covered Property or
Covered Income only if, at time of loss, that
party is one of the following:
a. Someone insured by this insurance;
b. A business firm:
(1) Owned or controlled by you; or
(2) That owns or controls you; or
c. Your tenant.
This will not restrict your insurance.
CP0090 7-88
Copyright, ISO Commercial Risk Services, Inc., 1983, 1987 Page 2 of 2
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Cancellation Changes - CP 02 99 11 85
Policy Amendment Commercial Property Coverage
This endorsement modifies insurance provided under the following:
Commercial Property Coverage Part
The following is added to the CANCELLATION
Common Policy Condition:
If any one of the following conditions exists at any
building that is Covered Property in this policy, we
may cancel this Coverage Part by mailing or delivering
to the first Named Insured written notice of cancella-
tion at least 5 days before the effective date of cancel-
lation.
A. The building has been vacant or unoccupied 60
or more consecutive days. This does not apply to:
1. Seasonal unoccupancy;
2. Buildings in the course of construction, reno-
vation or addition; or
3. Buildings to which the Vacancy Pen -nit
endorsement applies.
Buildings with 65% or more of the rental
units or floor area vacant or unoccupied are
considered unoccupied under this provision.
B. After damage by a covered cause of loss, perma-
nent repairs to the building:
1. Have not started, and
2. Have not been contracted for,
within 30 days of initial payment of loss.
C. The building has:
1. An outstanding order to vacate;
2. An outstanding demolition order;
3. Been declared unsafe by a governmental au-
thority.
D. Fixed and salvageable items have been or are being
removed from the building and are not being re-
placed. This does not apply to such removal that
is necessary or incidental to any renovation or re-
modeling.
E. Failure to:
1. Furnish necessary heat, water, sewer service
or electricity for 30 consecutive days or more,
except during a period of seasonal unoccu-
pancy; or
2. Pay property taxes that are owing and have
been outstanding for more than one year fol-
lowing the date due, except that this provision
will not apply where you are in a bona fide
dispute with the taxing authority regarding
payment of such taxes.
This Form must be attached to Change Endorsement when issued after the policy is written.
One of the Fireman's Fund Insurance Companies as named in the policy
Se etary
CP0299 11-85
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Causes of Loss - Earthquake Form - CP 10 40 06 95
Policy Amendment(s) Commercial Property
A. Covered Causes of Loss
When Earthquake is shown in the Declarations,
Covered Causes of Loss means the following:
1. Earthquake.
2. Volcanic Eruption, meaning the eruption, ex-
plosion or effusion of a volcano.
All Earthquake shocks or Volcanic Eruptions that
occur within any 168 -hour period will constitute a
single Earthquake or Volcanic Eruption. The ex-
piration of this policy will not reduce the 168 -hour
period.
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
concurrently or in any sequence to the loss.
a. Ordinance or Law
The enforcement of any ordinance or
law:
(1) Regulating the construction, use or
repair of any property; or
(2) Requiring the tearing down of any
property, including the cost of re-
moving its debris.
This exclusion, Ordinance or Law, ap-
plies whether the loss results from:
(1) An ordinance or law that is enforced
even if the property has not been
damaged; or
(2) The increased costs incurred to
comply with an ordinance or law in
the course of construction, repair,
renovation, remodeling or demoli-
tion of property, or removal of its
debris, following a physical loss to
that property.
b. Governmental Action
Seizure or destruction of property by or-
der of governmental authority.
c. Nuclear Hazard
Nuclear reaction or radiation, or radio-
active contamination, however caused.
d. Utility Services
The failure of power or other utility ser-
vice supplied to the described premises,
however caused, if the failure occurs
away from the described premises.
But if the failure of power or other utility
service results in a Covered Cause of
Loss, we will pay for the loss or damage
caused by that Covered Cause of Loss.
e. War and Military Action
(1) War, including undeclared or civil
war;
(2) Warlike action by a military force,
including action in hindering or de-
fending against an actual or expected
attack, by any government, sover-
eign or other authority using mili-
tary personnel or other agents; or
This Form must be attached to Change Endorsement when issued after the policy is written.
one of the Fireman's Fund Insurance Companies as named in the policy
Se etary
CP1040 6-95 Pae 1 of 6
Copyright, ISO Commercial Risk Services, Inc., 1990, 1994 g
(3) Insurrection, rebellion, revolution,
This exclusion does not apply to
usurped power, or action taken by
Extra Expense.
government authority in hindering
or defending against any of these.
(3)
Any loss caused by or resulting from
direct physical loss or damage to ra-
'
t. We will not pay for loss or damage caused by
dio or television antennas (including
or resulting from:
satellite dishes) and their lead-in
a. Artificially generated electrical current,
wiring, masts or towers.
including electric arcing, that disturbs
(4)
Any increase of loss caused by or
electrical devices, appliances or wires.
resulting from:
b. Fire, explosion (other than volcanic ex-
plosion), landslide, mine subsidence, tidal
(a) Delay in rebuilding, repairing
wave, flood, mudslide or mudflow, even
or replacing the property or re -
if attributable to an Earthquake or
suming operations, due to in -
Volcanic Eruption.
terference at the location of the
rebuilding, repair or replace -
c. Any Earthquake or Volcanic Eruption
ment by strikers or other per -
that begins before the inception of this
sons; or
insurance.
(b) Suspension, lapse or cancella-
3. Special Exclusions
tion of any license, lease or
The following provisions apply only to the
contract. But if the suspension,
lapse or cancellation is directly
specified Coverage Forms.
caused by the suspension of
a. Business Income (And Extra Expense)
operations, we will cover such
Coverage Form, Business Income (With-
loss that affects your Business
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Income during the period of
Extra Expense Coverage Form
restoration.
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We will not pay for:
(5)
Any Extra Expense caused by or re-
sulting from suspension, lapse or
(1) Any loss caused directly or indirectly
cancellation of any license, lease or
by the failure of power or other
contract beyond the period of resto-
utility service supplied to the de-
ration.
scribed premises, however caused, if
the failure occurs outside of a cov-
(6)
Any other consequential loss.
ered building.
b. Leasehold Interest Coverage Form
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But if the failure of power or other
zutility
service results in a Covered
(1)
Paragraph B. La., Ordinance or Law,
Cause of Loss, we will pay for the
does not apply to insurance under
loss resulting from that Covered
this Coverage Form.
Cause of Loss.
(2)
We will not pay for any loss caused
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(2) Any loss caused by or resulting
by:
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(a) Your cancelling the lease;
(a) Damage or destruction of fin-
ished stock; or
(b) The suspension, lapse or can-
cellation of any license; or
(b) The time required to reproduce
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(c) Any other consequential loss.
CP1040 6-95
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c. Legal Liability Coverage Form
(1) The following Exclusions do not
apply to insurance under this Cov-
erage Form.
(a) Paragraph B.l.a., Ordinance or
Law;
(b) Paragraph B. l .b., Governmental
Action;
(c) Paragraph B.I.e., Nuclear Haz-
ard;
(d) Paragraph B.l.d., Utility Ser-
vices; and
(e) Paragraph B. Le., War and Mil-
itary Action.
(2) The following additional exclusions
apply to insurance under this Cov-
erage Form:
(a) Contractual Liability
We will not defend any claim
or suit, or pay damages that
you are legally liable to pay,
solely by reason of your as-
sumption of liability in a con-
tract or agreement.
(b) Nuclear Hazard
We will not defend any claim
or suit, or pay any damages,
loss, expense or obligation, re-
sulting from nuclear reaction or
radiation, or radioactive con-
tamination, however caused.
C. Limitation
We will not pay for loss of or damage to exterior
masonry veneer (except stucco) on wood frame
walls caused by or resulting from Earthquake or
Volcanic Eruption. The value of such veneer will
not be included in the value of Covered Property
or the amount of loss when applying:
1. The Deductible applicable to this form; or
2. The Additional Condition, Coinsurance, ap-
plicable to this Coverage Part.
CP1040 6-95
Copyright, ISO Commercial Risk Services, Inc., 1990, 1994
This limitation does not apply if:
1. The premises description in the Declarations
specifically states Including Masonry Veneer;
or
2. Less than 10% of the total outside wall area
is faced with masonry veneer (excluding
stucco).
D. Deductible
1. The provisions of section D.2. of this
endorsement are applicable to all Coverage
Forms except:
a. Business Income (And Extra Expense)
Coverage Form;
b. Business Income (Without Extra Ex-
pense) Coverage Form;
c. Extra Expense Coverage Form.
2. The Deductible, if any, in this Coverage Part
is replaced by the following with respect to
Earthquake and Volcanic Eruption:
a. All Policies
(1) A Deductible is calculated separately
for, and applies separately to:
(a) Each building, if two or more
buildings sustain loss or dam-
age;
(b) The building and to personal
property in that building, if
both sustain loss or damage;
(c) Personal property at each
building, if personal property at
two or more buildings sustains
loss or damage;
(d) Personal property in the open.
(2) We will not pay for loss or damage
until the amount of loss or damage
exceeds the applicable Deductible.
We will then pay the amount of loss
or damage in excess of that Deduct-
ible, up to the applicable Limit of
Insurance, after any reduction re-
quired by any of the following: Co-
insurance Condition, Agreed Value
Page 3 of 6
Optional Coverage, Additional
the deductible amount as a
Condition - Need for Adequate In-
percentage of the full value(s)
surance or Additional Condition -
as of the report dates.
Need for Full Reports.
(b) If the first Report of Values is
(3) When property is covered under the
not filed with us prior to loss
Coverage Extension for Newly Ac-
or damage, we will determine
quired or Constructed Property: In
the deductible amount as a
determining the amount, if any, that
percentage of the applicable
we will pay for loss or damage, we
Limit(s) of Insurance.
will deduct an amount equal to a
percentage of the value(s) of the
C. Calculation of the Deductible - Blanket
property at time of loss. The appli-
Insurance Other Than builders Risk
cable percentage for Newly Acquired
or Constructed Property is the
(1) Property Not Subject to Value Re -
highest percentage shown in the
porting Forms
Declarations for any described
In determining the amount, if any,
premises.
that we will pay for loss or damage,
b. Calculation of the Deductible - Specific
we will deduct an amount equal to
Insurance Other Than Builders Risk
a percentage (as shown in the Dec-
larations) of the value(s) of the
(1) Property Not Subject to Value Re-
property that has sustained loss or
porting Forms
damage. The value(s) to be used are
those shown in the most recent
In determining the amount, if any,
Statement of Values on file with us.
that we will pay for loss or damage,
gwe
will deduct an amount equal to
(2) Property Subject to Value Report-
a percentage (as shown in the Dec-
ing Forms
a
laxations) of the Limit(s) of Insur-
ance applicable to the property that
In determining the amount, if any,
has sustained loss or damage.
that we will pay for property that
has sustained loss or damage, we will
(2) Property Subject to Value Report-
deduct an amount equal to a per-
ing Forms
centage (as shown in the Declara-
tions) of the value(s) of that
In determining the amount, if any,
property as of the time of loss or
that we will pay for loss or damage,
damage.
we will deduct an amount equal to
a percentage (as shown in the Dec-
d. Calculation of the Deductible - Builders
larations) of the value(s) of the
Risk Insurance
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property that has sustained loss or
damage. The value(s) to be used are
(1) Builders Risk Other Than Reporting
the latest value(s) shown in the most
Form
recent Report of Values on file with
s
In determining the amount, if any.,
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that we will pay for property that
However:
has sustained loss or damage, we will
a,
deduct an amount equal to a per -
(a) If the most recent Report of
centage (as shown in the Declara-
Values shows less than the full
tions) of the actual cash value(s) of
value(s) of the property on the
that property as of the time of loss
report dates, we will determine
or damage.
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Page 4 of 6
(2) Builders Risk Reporting Form
In determining the amount, if any,
that we will pay for loss or damage,
we will deduct an amount equal to
a percentage (as shown in the Dec-
larations) of the value(s) of the
property that has sustained loss or
damage. The value(s) to be used are
the actual cash value(s) shown in the
most recent Report of Values on file
with us.
However:
(a) If the most recent Report of Val-
ues shows less than the actual
cash value(s) of the property on
the report date, we will deter-
mine the deductible amount as a
percentage of the actual cash
value(s) as of the report date.
(b) If the first Report of Values is
not filed with us prior to loss
or damage, we will determine
the deductible amount as a
percentage of the actual cash
value(s) of the property as of
the time of loss or damage.
3. The following is applicable only to the Cov-
erage Forms specified below:
a. Business Income (And Extra Expense)
Coverage Form;
b. Business Income (Without Extra Ex-
pense) Coverage Form;
c. Extra Expense Coverage Form.
For buildings over 4 stories in height we
will only pay for loss you sustain after the
first 168 hours after direct physical loss
or damage caused by or resulting form
Earthquake or Volcanic Eruption.
E. Examples - Application of Deductible in D.Z.:
Example ##1 - Specific Insurance (D.2.b.(1))
The amount of loss to the damaged building is
$60,000.
The value of the damaged building at time of loss
is $100,000. The Coinsurance percentage shown
CP1040 6-95
Copyright, ISO Commercial Risk Services, Inc., 1990, 1994
in the Declarations is 80%; the minimum Limit
of Insurance needed to meet the coinsurance re-
quirement is $80,000 (80% of $100,000).
The actual Limit of Insurance on the damaged
building is $70,000.
The Deductible is 5%
Step (1): $70,000 _ $80,000 = .875
Step (2): $60,000 X .875 = $52,500
Step (3): $70,000 X 5% _ $3,500
Step (4): $52,500 - $3,500 = $49,000
The most we will pay is $49,000. The remainder
of the loss, $11,000, is not covered due to the Co-
insurance penalty for inadequate insurance (steps
(1) and (2)) and the application of the Deductible
(steps (3) and (4)).
Example ##2 - Specific Insurance (D.2.b.(1))
The amounts of loss to the damaged property are
$60,000 (building) and $40,000 (building personal
property in building).
The value of the damaged building at time of loss
is $100,000. The value of the business personal
property in that building is $80,000. The Coin-
surance percentage shown in the Declarations is
80%; the minimum Limits of Insurance needed to
meet the coinsurance requirement are $80,000
(80% of $100,000) for the building and $64,000
(80% of $80,000) for the business personal prop-
erty.
The actual Limits of Insurance on the damaged
property are $80,000 on the building and $64,000
on the business personal property (therefore no
Coinsurance penalty).
The Deductible is 10%
Building
Step (1): $80,000 X 10% =
$8,000
Step (2): $60,000 - $8,000 =
$52,000
Business Personal Property
Step (1): $64,000 X 10% _
$6,400
Step (2): $40,000 - $6,400 =
$33,600
The most we will pay is $85,600. That portion of
the total loss not covered due to application of the
Deductible is $14,400.
Page 5 of 6
Example ##3 - Blanket Insurance (D.2.c.(I))
The sum of the values of Building ##1 ($500,000),
Building ##2 ($500,000) and Building ##3
($1,000,000), as shown in the most recent State-
ment of Values on file with us, is $2,000,000.
The Coinsurance percentage shown in the Decla-
rations is 90%; the minimum Blanket Limit of
Insurance needed to meet the coinsurance re-
quirement is $1,800,000 (90% of $2,000,000).
The actual Blanket Limit of Insurance covering
Buildings ##1, ##2, and ##3, shown in the Declara-
tions, is $1,800,000 (therefore no Coinsurance
penalty).
Buildings ##1 and ##2 have sustained damage; the
amounts of loss to these buildings are $40,000
(Building ##1) and $60,000 (Building ##2).
The Deductible is 5%
Building #1
Step (1) :$500,000 X 5% = $25,000
Step (2) :$40,000 - $25,000 = $15,000
x
Building ##2
Step (1) :$500,000 X 5% = $25,000
Step (2) :$60,000 - $25,000 = $35,000
N The most we will pay is $50,000. That portion of
the total loss not covered due to application of the
Deductible is $50,000.
Example ##4 - Blanket Insurance (D.2.c.(1))
The sum of the values of Building ##1 ($500,000),
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Building ##2 ($500,000), Business Personal Prop-
erty at Building ##1 ($250,000) and Business Per-
sonal Property at Building ##2 ($250,000), as
shown in the most recent Statement of Values on
file with us, is $1,500,000.
The Coinsurance percentage shown in the Decla-
rations is 90%; the minimum Blanket Limit of
Insurance needed to meet the coinsurance re-
quirement is $1,350,000 (90% of $1,500,000).
The actual Blanket Limit of Insurance covering
Buildings #1 and ##2 and Business Personal Prop-
erty at Buildings #1 and ##2, shown in the Decla-
rations, is $1,350,000. Therefore there is no
Coinsurance penalty.
Building #1 and Business Personal Property at
Building ##1 have sustained damage; the amounts
of loss are $95,000 (Building) and $5,000 (Business
Personal Property).
The Deductible is 10%
Building
Step (1): $500,000 X 10% _ $50,000
Step (2): $95,000 - $50,000 = $45,000
Business Personal Property
Step (1): $250,000 X 10% _ $25,000
The loss, $5,000, does not exceed the deductible.
The most we will pay is $45,000. The remainder
of the building loss, $50,000, is not covered due to
application of the Deductible. There is no loss
payment for the business personal property.
Page 6 of 6
GENERAL LIABILITY
General Liability GL
POLICY NUMBER 8 H1 MZG 07186870
NAMED INSURED
DOVER SHORES PET CARE CENTER
PORTFOLIO POLICY (R)
GENERAL LIABILITY DECLARATIONS
Insurance is provided only for those Coverages, Limits of
Liability and
Endorsements shown below.
Coverages Limits
of Liability
COMMERCIAL GENERAL LIABILITY COVERAGE PART
GENERAL AGGREGATE LIMIT (Other Than Products -
02,000,000
Completed Operations)
PRODUCTS - COMPLETED OPERATIONS AGGREGATE LIMIT
$1,000,000
PERSONAL & ADVERTISING INJURY LIMIT
$1,000,000
EACH OCCURANCE LIMIT
$11000,000
FIRE DAMAGE LIMIT ANY ONE FIRE
$100,000
«
MEDICAL EXPENSE LIMIT ANY ONE PERSON
0
$5,000
0
g The audit period shall be ANNUAL
0
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N GENERAL LIABILITY ENDORSEMENTS
n
AMENDMENT OF INSURING AGREEMENT KNOWN INJURY OR DAMAGEENDORSEMENT (CG0057 0999)
ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES (CG 20 11 11 85)
Designation of Premises (Part Leased to You):
CERTIFICATE HOLDER NAMED AS ADDITIONAL INSURED.
Name of Person or Organizaton (Additional Insured):
CITY OF NEWPORT BEACH
3300 NEWPORT BLVD.
z NEWPORT BEACH CA 92660
Designation of Premises (Part Leased to You):
PREMISES: 2075 NEWPORT BLVD., COSTA MESA, CA 92627 CERTIFICATE HOLDE
0
0
LL
Name of Person or Organizaton (Additional Insured):
N P.S. BUSINESS PARKS
N
23521 RIDGE ROUTE DRIVE, #A
U LAGUNA HILLS CA 92653
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POLICY NUMBER 8 Hl MZG 07186870
NAMED INSURED
DOVER SHORES PET CARE CENTER
PORTFOLIO POLICY (R)
GENERAL LIABILITY SCHEDULE
LOCATION 001 BUILDING 001
2075 NEWPORT BLVD.
COSTA MESA CA 92627
Classifications(s) Basis of Premium Exposure Rate
LOCATION 001 BUILDING 001
Premises/Operations
VETERINARIAN/VETERINARY HOSPITAL # OF VETS 2
GL - 2
Veterinarian's Professional Liability
Coverage Form - 143571 01 97
Policy Amendment(s) Commercial General Liability
Coverage provided by the policy, is amended to include
(2) The wrongful act is committed in the
the following Coverage Part.
coverage territory during the policy pe-
riod.
This Coverage Form completes the Veterinarian's
Professional Liability Coverage provided by us. Cov-
C. We may, at our discretion, investigate and
erage provided under this Veterinarian's Professional
with the insured's written consent, settle any
Liability Coverage Form is separate from but not ac-
claim or suit that may result. Our right and
cumulative to coverage provided under the Commercial
duty to defend ends when we have used up
General Liability Coverage Form.
the applicable Limits of Insurance in the
payment of judgments and settlements.
Throughout this Coverage Form the words you and
your refer to the Named Insured shown in the Decla-
No other obligation or liability to pay sums or
rations. The words we, us and our refer to the Com -
perform acts or services is covered unless explicitly
pany providing this insurance.
provided for in I.3. Supplementary Payments.
2. Exclusions
The word insured means any person or organization
qualifying as such under Who Is an Insured Section II.
This insurance does not apply to:
Other words and phrases that appear in bold face have
a• Any injury or damage:
special meaning. Refer to Definitions (Section V).
(1) Resulting from a criminal act;
L Section I - Coverages
(2) Caused by an insured while under the
oinfluence
of intoxicants or narcotics;
1. Insuring Agreement
g
(3) Caused by anyone employed in violation
o a. We will pay those sums that the insured be-
of law;
co comes legally obligated to pay as compensa-
N tory damages because of a wrongful act.
n
(4) To animals owned by you;
b. This insurance applies only to a claim or suit
b. Theft of any animals;
arising out of a wrongful act committed by
c. Any obligation of the insured under a workers
the insureds individually or collectively; pro-
compensation, disability benefits or unem-
vided that:
ployment compensation law or any similar
law.
(1) All insured veterinarian's and veterinary
technicians are registered and licensed to
d. Injury to:
practice as veterinarians, or are registered
(1) An employee of the insured arising out
veterinary technicians under the laws of
of and in the course of:
Z all jurisdictions in which they practice;
and
(a) Employment by the insured; or
o This Form must be attached to Change Endorsement when issued after the policy is written
0
W One of the Fireman's Fund Insurance Companies as named in the nolicv
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o Se etary President
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0 143571 1-97
Page 1 of 5
(b) Performing duties related to the
conduct of the insured's business;
or
(2) The spouse, child, parent, brother or sis-
ter of that employee as a consequence of
paragraph (1) above.
This exclusion applies:
(1) Whether the insured may be liable as an
employer or in any other capacity; and
(2) To any obligation to share damages with
or repay someone else who must pay
damages because of the injury.
e. Any claim or suit and any costs, fees, ex-
penses, fines or penalties arising in whole or
in part from:
(1) Refusal to employ;
(2) Termination of employment;
(3) Coercion, demotion, evaluation, reas-
signment, discipline, defamation, harass-
ment, humiliation, discrimination or
other employment-related practices, pol-
icies, acts or omissions.
f. Any claim or suit and any costs, fees, ex-
penses, fines or penalties arising in whole or
in part from the actual, alleged or threatened
discharge, dispersal, seepage, migration, re-
lease or escape of pollutants;
Pollutants mean any man-made or naturally
occurring solid, liquid, gaseous or thermal
irritant or impurity, including smoke, vapor,
soot, fumes, acids, alkalis, chemicals and
waste. Waste includes materials to be recy-
cled, reconditioned or reclaimed.
g. Punitive damages, fines or penalties, or the
double portion of treble damages;
h. Any costs, fees or expenses which the insured
becomes obligated to pay as a result of ad-
verse judgment for injunctive or declaratory
relief;
i. Liability of others assumed by the insured
under any contract or agreement including li-
ability assumed by an insured under any
agreement guaranteeing the result of any
treatment;
Injury or damages arising out of the owner-
ship, maintenance, use, loading or unloading
of motor vehicles, trailers, aircraft or
watercraft.
3. Supplementary Payments
Subject to l.c. of the Insuring Agreement, we will
pay, with respect to any claim we investigate or
settle, or any suit against an insured we defend:
a. All expenses we incur.
b. The cost of bonds to release attachments, but
only for bond amounts within the applicable
Limit of Insurance. We do not have to fur-
nish these bonds.
c. All reasonable expenses incurred by the in-
sured at our request to assist us in the inves-
tigation or defense of the claim or suit
including actual loss of earnings up to $250 a
day because of time off from work.
d. All costs taxed against the insured in the suit.
e. Prejudgment interest awarded against the in-
sured on that part of the judgment we pay.
If we make an offer to pay the applicable
Limit of Insurance, we will not pay any pre-
judgment interest based on that period of time
after the offer.
f. All interest on the full amount of any judg-
ment that accrues after entry of the judgment
and before we have paid, offered to pay, or
deposited in court the part of the judgment
that is within the applicable Limit of Insur-
ance.
These payments will not reduce the Limits of In-
surance.
Section II - Who Is an Insured
If you are designated in the Declarations as:
a. An individual, you and your spouse are in-
sureds, but only with respect to the conduct
of a veterinarian business of which you are the
sole owner;
b. A partnership or joint venture, you are an in-
sured. Your members, your partners and
their spouses are also insureds, but only with
143571 1-97 Page 2 of 5
respect to the conduct of your veterinary
a. Insureds;
business;
b. Claims made or suits brought; or
c. A veterinary business organization other than
a partnership or joint venture, you are an in-
C. Persons or organizations making claims or
sured. Your executive officers and directors
bringing suits.
are insureds, but only with respect to their
2. The Each Claim Limit is the most we will pay for
duties as your officers or directors. Your
damages from any one wrongful act committed
stockholders are also insureds, but only with
during the policy period, regardless of the number
respect to their liability as your stockholders.
of claimants. Injury or damages to any one animal
d. A limited liability company, you are an in-
which arises out of a single wrongful act, or a series
sured. Your members are also insureds, but
of related wrongful acts, whether committed by
only with respect to the conduct of your
one or more insureds, will be considered one
veterinary business. Your managers are in-
wrongful act and only one Each Claim Limit will
sureds, but only with respect to their duties
apply.
as your managers.
3. The Aggregate Limit is the most we will pay for
all damages because of all wrongful acts which are
2. Each of the following is also an insured:
committed during each policy period.
a. Your employees, other than your executive
The Limits of Insurance of this Coverage Part will ap-
officers, but only for acts within the scope of
ply separately to each consecutive annual period and
their employment by you;
to any remaining period of less than 12 months, starting
b. Your legal representative if you die, but only
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended after
iL with respect to duties as such. That repre-
issuance for an additional period of less than 12
o sentative will have all your rights and duties
months. In that case, the additional period will be
o under this Coverage Form.
deemed part of the last preceding period for purposes
3. Any veterinary business organization you newly
of determining the Limits of Insurance.
acquire or form other than a joint venture, and
Section N -Conditions
C4 over which you maintain ownership or majority
" interest, will qualify as a Named Insured if there
1. Duties in the Event of Wrongful Act, Claim, or
is not other similar insurance available to that or-
Suit
ganization. However:
a. You must see to it that we are notified as
a. Coverage under this provision is afforded only
soon as practicable of a wrongful act which
until the 90th day after you acquire or form
may result in a claim. Notice should include:
the organization or the end of the policy pe-
riod, whichever is earlier.
(1) How, when and where the wrongful act
took place; and
b. Coverage does not apply to wrongful acts
Z committed before you acquired or formed the
(2) The names and addresses of any wit -
organization.
nesses.
No person or organization is an insured with respect to
b. If a claim is made or suit is brought against
the conduct of any current or past partnership, joint
any insured, you must:
venture or limited liability company that is not shown
(1) Immediately record the specifics of the
N as a Named Insured in the Declarations.
t2
a
claim or suit and the date received; and
2 Section III - Limits of Insurance
(2) Notify us as soon as practicable.
W
0 1. The Lin -tits of Insurance shown in the Declarations
You must see to it that we receive written
N and the rules below fix the most we will pay re-
notice of the claim or suit as soon as practi-
u gardless of the number of:
cable.
_N 143571 1-97
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Page 3 of 5
c. You and any other involved insured must
(1) Immediately send us copies of any de-
mands, notices, summonses or legal pa-
pers received in connection with the
claim or suit;
(2) Authorize us to obtain records and other
information;
(3) Cooperate with us in the investigation
or settlement of the claim or suit; and
which disposes of a cause of action by declaring
that the plaintiff is or is not entitled to the remedy
asked for; but final judgment does not include de-
fault judgments.
3. Other Insurance
a.
(4) Assist us, upon our request, in the
enforcement of any right against any
person or organization which may be li-
able to the insured because of injury or b.
damage to which this insurance may also
apply.
d. No insured will, except at that insured's own
cost, voluntarily make a payment, assume any
obligation, or incur any expense, without our
consent.
2. Legal Action Against Us
a. No person or organization has a right under
this Coverage Form:
(1) To join us as a party or otherwise bring
us into a suit asking for damages from
an insured; or
(2) To sue us on this Coverage Form unless
all of its terms have been fully complied
with.
b. A person or organization may sue us to re-
cover on an agreed settlement, or on a final
judgment against an insured obtained after an
actual trial. But we will not be liable for
damages that are:
(1) Not payable under the terms of this
Coverage Form; or
(2) That are in excess of the applicable Limit
of Insurance.
An agreed upon settlement means a settlement and
release of liability signed by us, the insured and the
claimant or the claimant's legal representative.
A final judgment means a judgment rendered on
the facts or the law by a court of the judicial
branch of government having original jurisdiction
If other valid and collectible insurance is
available to any insured for a loss which
would otherwise be covered under this Cov-
erage Form, this insurance is excess over the
other insurance; unless the other insurance
was bought specifically to apply in excess of
the Limits of Insurance shown in the Decla-
rations of this Coverage Form.
When this insurance is excess, we will have
no duty to defend any claim or suit that any
other insurer has a duty to defend. If no other
insurer defends, we will undertake to do so,
but we will be entitled to the insured's rights
against all those other insurers.
c. When this insurance is excess over the other
insurance, we will pay only your share of the
amount of the loss, if any, that exceeds the
sum of:
(1) The total amount that all such other in-
surance would pay for the loss in the ab-
sence of this insurance; and
(2) The total of all deductible and self-
insured amounts under all the other in-
surance.
4. Representations
By accepting this policy, you agree that:
a. The statements in the Declarations and the
Application forming part of this Coverage
Form are accurate and complete;
b. Those statements are based upon representa-
tions you made to us; and
c. We have issued this Coverage Form in reli-
ance upon your representations.
5. Transfer of Rights of Recovery Against Others to
Us
If the insured has rights to recover all or part of
any payment we have made under this Coverage
Part, those rights are transferred to us. The in-
sured must do nothing after loss to impair them.
143571 1-97 Page 4 of 5
At our request, the insured will bring suit or
a. An arbitration proceeding in which such
transfer those rights to us and help us enforce
damages are claims and to which the insured
them.
must submit or does submit with our consent;
or
Section V - Definitions
b. Any other alternative dispute resolution pro-
ceeding in which such damages are claimed
a. The United States of America (including its
and to which the insured submits with our
territories and possessions), Puerto Rico and
consent.
Canada;
3. Wrongful act means an error, omission or
b. International waters or airspace, provided the
negligent act by an insured in the rendering of or
damage does not occur in the course of travel
failure to render professional veterinarian services.
or transportation to or from any place not
Wrongful act includes acts or omissions in the
included in a. above; or
rendering of or failure to render professional
veterinarian services by any person for whose acts
C. All parts of the world if:
or omissions the insured is legally responsible.
(1) The insured's responsibility to pay
Any such error, or omission or negligent act, or a
damages is determined in a suit on the
series of related errors, or omissions or negligent
merits, in the territory described in a.
acts to any one animal whether committed by one
above; or
or more insureds, will be considered one wrongful
act.
(2) In a settlement we agree to.
All other terms and conditions of the Commercial Gen -
2. Suit means a civil proceeding in which damages to
eral Liability Coverage Part of the policy that are not
U_ which this insurance applies are alleged. Suit in-
in conflict with this Veterinarian's Professional Liability
0 cludes:
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Coverage Part shall apply.
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Page 5 of 5
Commercial General Liability Coverage Form - CG 00 Ol 07 98
Policy Amendment(s) Commercial General Liability
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, and
any other person or organization qualifying as a Named
Insured under this policy. The words we, us and our
refer to the company providing this insurance.
The word insured means any person or organization
qualifying as such under Section II - Who Is an In-
sured.
Other words and phrases that appear in bold face have
special meaning. Refer to Section V - Definitions.
Section I - Coverages
Coverage A. Bodily Injury and Property Damage Li-
ability
1. Insuring Agreement
a. We will pay those sums that the insured be-
comes legally obligated to pay as damages
because of bodily injury or property damage
to which this insurance applies. We will have
the right and duty to defend the insured
against any suit seeking those damages.
However, we will have no duty to defend the
insured against any suit seeking damages for
bodily injury or property damage to which this
insurance does not apply. We may at our
discretion investigate any occurrence and set-
tle any claim or suit that may result. But:
(1) The amount we will pay for damages is
limited as described in Section III - Lim-
its of Insurance; and
(2) Our right and duty to defend end when
we have used up the applicable limit of
insurance in the payment of judgments
or settlements under Coverages A or B
or medical expenses under Coverage C.
No other obligation or liability to pay sums
or perform acts or services is covered unless
explicitly provided for under Supplementary
Payments - Coverages A and B.
b. This insurance applies to bodily injury and
property damage only if.
(1) The bodily injury or property damage is
caused by an occurrence that takes place
in the coverage territory; and
(2) The bodily injury or property damage
occurs during the policy period.
C. Damages because of bodily injury include
damages claimed by any person or organiza-
tion for care, loss of services or death resulting
at any time from the bodily injury.
2. Exclusions
This insurance does not apply to:
a. Expected or Intended Injury
Bodily injury or property damage expected or
intended from the standpoint of the insured.
This exclusion does not apply to bodily injury
resulting from the use of reasonable force to
protect persons or property.
b. Contractual Liability
Bodily injury or property damage for which
the insured is obligated to pay damages by
reason of the assumption of liability in a
contract or agreement. This exclusion does
not apply to liability for damages:
This Form must be attached to Change Endorsement when issued after the policy is written.
One of the Fireman's Fund Insurance Companies as named in the policy
Se retary
CG0001 7-98
Copyright, Insurance Services Office, Inc., 1997 Page 1 of 16
(1) That the insured would have in the ab-
(1) An employee of the insured arising out
sence of the contract or agreement; or
of and in the course of:
(2) Assumed in a contract or agreement that
(a) Employment by the insured; or
is an insured contract, provided the bod-
ily injury or property damage occurs
(b) Performing duties related to the
subsequent to the execution of the con-
conduct of the insured's business;
tract or agreement. Solely for the pur-
or
poses of liability assumed in an insured
contract, reasonable attorney fees and
(2) The spouse, child, parent, brother or sis-
necessary litigation expenses incurred by
ter of that employee as a consequence of
or for a party other than an insured are
(1) above.
deemed to be damages because of bodily
injury or property damage, provided:
This exclusion applies:
(a) Liability to such party for, or for the
(1) Whether the insured may be liable as an
cost of, that party's defense has also
employer or in any other capacity; and
been assumed in the same insured
contract; and
(2) To any obligation to share damages with
or repay someone else who must pay
(b) Such attorney fees and litigation ex-
damages because of the injury.
penses are for defense of that party
against a civil or alternative dispute
This exclusion does not apply to liability as -
resolution proceeding in which
sumed by the insured under an insured con -
damages to which this insurance ap-
plies are alleged.
f. Pollution
C. Liquor Liability
O
(1) Bodily injury or property damage arising
o Bodily injury or property damage for which
out of the actual, alleged or threatened
any insured may be held liable by reason of:
discharge, dispersal, seepage, migration,
release or escape of pollutants:
n (1) Causing or contributing to the intoxica-
tion of any person;
(a) At or from any premises, site or lo-
cation which is or was at any time
(2) The furnishing of alcoholic beverages to
owned or occupied by, or rented or
a person under the legal drinking age or
loaned to, any insured. However,
under the influence of alcohol; or
this subparagraph does not apply to:
(3) Any statute, ordinance or regulation re- (i) Bodily injury if sustained within
lating to the sale, gift, distribution or use a building and caused by
of alcoholic beverages. smoke, fumes, vapor or soot
Z) This exclusion applies only if you are in the from equipment used to heat
business of manufacturing, distributing, sell- that building;
ing, serving or furnishing alcoholic beverages. (ii) Bodily injury or property dam -
age for which you may be held
d. Workers' Compensation and Similar Laws liable, if you are a contractor
LL0
and the owner or lessee of such
Any obligation of the insured under a work-
ers' compensation, disability benefits or un -10
premises, site or location has
a employment compensation law or any similar been added to your policy as an
v law. additional insured with respect
W to your ongoing operations
e. Employer's Liability performed for that additional
insured at that premises, site or
N Bodily injury to: location and such premises, site
CG0001 7-98
cWe Copyright, Insurance Services Office, Inc., 1997 Page 2 of 16
M
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or location is not and never was
to the premises, site or location
owned or occupied by, or
with the intent that they be
rented or loaned to, any in-
discharged, dispersed or released
sured, other than that addi-
as part of the operations being
tional insured; or
performed by such insured,
hydraulic or mechanical func-
contractor or subcontractor;
(iii) Bodily injury or property dam-
pollutants; or
age arising out of heat, smoke
(ii) Bodily injury or property dam -
or fumes from a hostile fire;
age sustained within a building
or other operating fluids escape
and caused by the release of
(b) At or from any premises, site or lo-
gases, fumes or vapors from
cation which is or was at any time
materials brought into that
used by or for any insured or others
building in connection with
for the handling, storage, disposal,
operations being performed by
processing or treatment of waste;
you or on your behalf by a
tional discharge, dispersal or re-
contractor or subcontractor; or
(c) Which are or were at any time
However, this paragraph does not apply
transported, handled, stored, treated,
(iii) Bodily injury or property dam -
disposed of, or processed as waste
age arising out of heat, smoke
by or for any insured or any person
or fumes from a hostile fire.
or organization for whom you may
be legally responsible; or
(e) At or from any premises, site or lo-
cation on which any insured or any
(d) At or from any premises, site or lo-
contractors or subcontractors work -
cation on which any insured or any
ing directly or indirectly on any
contractors or subcontractors work-
insured's behalf are performing op-
ing directly or indirectly on any
erations if the operations are to test
insured's behalf are performing op-
for, monitor, clean up, remove,
erations if the pollutants are brought
contain, treat, detoxify or neutralize,
on or to the premises, site or lo-
or in any way respond to, or assess
cation in connection with such op-
the effects of, pollutants.
erations by such insured, contractor
or subcontractor. However, this
(2) Any loss, cost or expense arising out of
subparagraph does not apply to:
any:
(i) Bodily injury or property dam-
(a) Request, demand, order or statutory
age arising out of the escape of
or regulatory requirement that any
fuels, lubricants or other oper-
insured or others test for, monitor,
ating fluids which are needed to
clean up, remove, contain, treat, de -
perform the normal electrical,
toxify or neutralize, or in any way
hydraulic or mechanical func-
respond to, or assess the effects of
tions necessary for the opera-
pollutants; or
tion of mobile equipment or its
parts, if such fuels, lubricants
(b) Claim or suit by or on behalf of a
or other operating fluids escape
governmental authority for damages
from a vehicle part designed to
because of testing for, monitoring,
hold, store or receive them.
cleaning up, removing, containing,
This exception does not apply
treating, detoxifying or neutralizing,
if the bodily injury or property
or in any way responding to, or as -
damage arises out of the inten-
sessing the effects of pollutants.
tional discharge, dispersal or re-
lease of the fuels, lubricants or
However, this paragraph does not apply
other operating fluids, or if such
to liability for damages because of
fuels, lubricants or other oper-
property damage that the insured would
ating fluids are brought on or
have in the absence of such request,
CG0001 7-98
Copyright, Insurance Services Office, Inc., 1997 Page 3 of 16
demand, order or statutory or regulatory
requirement, or such claim or suit by or
on behalf of a governmental authority.
g. Aircraft, Auto or watercraft
Bodily injury or property damage arising out
of the ownership, maintenance, use or en-
trustment to others of any aircraft, auto or
watercraft owned or operated by or rented or
loaned to any insured. Use includes operation
and loading or unloading.
This exclusion does not apply to:
(1) A watercraft while ashore on premises
you own or rent;
(2) A watercraft you do not own that is:
(a) Less than 26 feet long; and
(b) Not being used to carry persons or
property for a charge;
(3) Parking an auto on, or on the ways next
x to, premises you own or rent, provided
LL
the auto is not owned by or rented or
loaned to you or the insured;
0
g (4) Liability assumed under any insured
N contract for the ownership, maintenance
N or use of aircraft or watercraft; or
n
(5) Bodily injury or property damage arising
out of the operation of any of the equip-
ment listed in paragraph f.(2) or f.(3) of
the definition of mobile equipment.
h. Mobile Equipment
Bodily injury or property damage arising out
of:
z (1) The transportation of mobile equipment
by an auto owned or operated by or
rented or loaned to any insured; or
s (2) The use of mobile equipment in, or while
LL
in practice for, or while being prepared
N for, any prearranged racing, speed, dem-
olition or stunting activity.
U
W i. War
Bodily injury or property damage due to war,
N whether or not declared, or any act or
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condition incident to war. War includes civil
war, insurrection, rebellion or revolution.
This exclusion applies only to liability as-
sumed under a contract or agreement.
Damage to Property
Property damage to:
(1) Property you own, rent, or occupy;
(2) Premises you sell, give away or abandon,
if the property damage arises out of any
part of those premises;
(3) Property loaned to you;
(4) Personal property in the care, custody or
control of the insured;
(5) That particular part of real property on
which you or any contractors or sub-
contractors working directly or indirectly
on your behalf are performing oper-
ations, if the property damage arises out
of those operations; or
(6) That particular part of any property that
must be restored, repaired or replaced
because your work was incorrectly per-
formed on it.
Paragraphs (1), (3) and (4) of this exclusion
do not apply to property damage (other than
damage by fire) to premises, including the
contents of such premises, rented to you for
a period of 7 or fewer consecutive days. A
separate limit of insurance applies to Damage
to Premises Rented to You as described in
Section III - Limits of Insurance.
Paragraph (2) of this exclusion does not apply
if the premises are your work and were never
occupied, rented or held for rental by you.
Paragraphs (3), (4), (5) and (6) of this exclu-
sion do not apply to liability assumed under
a sidetrack agreement.
Paragraph (6) of this exclusion does not apply
to property damage included in the pro-
ducts -completed operations hazard.
k. Damage to Your Product
Property damage to your product arising out
of it or any part of it.
Page 4 of 16
Damage to Your Work
Property damage to your work arising out of
it or any part of it and included in the pro-
ducts -completed operations hazard.
This exclusion does not apply if the damaged
work or the work out of which the damage
arises was performed on your behalf by a
subcontractor.
m. Damage to Impaired Property or Property
Not Physically Injured
Property damage to impaired property or
property that has not been physically injured
arising out of:
(1) A defect, deficiency, inadequacy or dan-
gerous condition in your product or your
work; or
(2) A delay or failure by you or anyone act-
ing on your behalf to perform a contract
or agreement in accordance with its
terms.
This exclusion does not apply to the loss of
use of other property arising out of sudden
and accidental physical injury to your product
or your work after it has been put to its in-
tended use.
n. Recall of Products, Work or Impaired Prop-
erty
Damages claimed for any loss, cost or expense
incurred by you or others for the loss of use,
withdrawal, recall, inspection, repair, replace-
ment, adjustment, removal or disposal of.
(1) Your product;
(2) Your work; or
(3) Impaired property;
if such product, work, or property is with-
drawn or recalled from the market or from use
by any person or organization because of a
known or suspected defect, deficiency, inade-
quacy or dangerous condition in it.
o. Personal and Advertising Injury
Bodily injury arising out of personal and ad-
vertising injury.
CG0001 7-98
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Exclusions c. through n. do not apply to damage
by fire to premises while rented to you or tempo-
rarily occupied by you with permission of the
owner. A separate limit of insurance applies to
this coverage as described in Section III - Limits
of Insurance.
Coverage B. Personal and Advertising Injury Liability
Insuring Agreement
a. We will pay those sums that the insured be-
comes legally obligated to pay as damages
because of personal and advertising injury to
which this insurance part applies. We will
have the right and duty to defend the insured
against any suit seeking those damages.
However, we will have no duty to defend the
insured against any suit seeking damages for
personal and advertising injury to which this
insurance does not apply. We may, at our
discretion, investigate any offense and settle
any claim or suit that may result. But:
(1) The amount we will pay for damages is
limited as described in Section III - Lim-
its of Insurance; and
(2) Our right and duty to defend end when
we have used up the applicable limit of
insurance in the payment of judgments
or settlements under Coverage A or B or
medical expenses under Coverage C.
No other obligation or liability to pay sums
or perform acts or services is covered unless
explicitly provided for under Supplementary
Payments - Coverages A and B.
b. This insurance applies to personal and adver-
tising injury caused by an offense arising out
of your business but only if the offense was
committed in the coverage territory during the
policy period
2. Exclusions
This insurance does not apply to:
a. Personal and advertising injury:
(1) Caused by or at the direction of the in-
sured with the knowledge that the act
would violate the rights of another and
Page 5 of 16
would inflict personal and advertising
injury;
(2) Arising out of oral or written publication
of material, if done by or at the direction
of the insured with knowledge of its fal-
sity;
(3) Arising out of oral or written publication
of material whose first publication took
place before the beginning of the policy
period;
(4) Arising out of a criminal act committed
by or at the direction of any insured;
(5) For which the insured has assumed li-
ability in a contract or agreement. This
exclusion does not apply to liability for
damages that the insured would have in
the absence of the contract or agreement;
(6) Arising out of a breach of contract, ex-
cept an implied contract to use another's
advertising idea in your advertisement;
x
LL
(7) Arising out of the failure of goods, pro-
ducts or services to conform with any
0
statement of quality or performance
0
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(8) Arising out of the wrong description of
the price of goods, products or services
stated in your advertisement;
(2) Claim or suit by or on behalf of a gov-
ernmental authority for damages because
of testing for, monitoring, cleaning up,
removing, containing, treating, detoxify-
ing or neutralizing, or in any way re-
sponding to, or assessing the effects of
pollutants.
Coverage C. Medical Payments
1. Insuring Agreement
a. We will pay medical expenses as described
below for bodily injury caused by an accident:
(1) On premises you own or rent;
(2) On ways next to premises you own or
rent; or
(3) Because of your operations;
provided that:
(1) The accident takes place in the coverage
territory and during the policy period;
(2) The expenses are incurred and reported
to us within one year of the date of the
accident; and
(3) The injured person submits to examina-
tion, at our expense, by physicians of our
choice as often as we reasonably require.
b. We will make these payments regardless of
fault. These payments will not exceed the ap-
plicable limit of insurance. We will pay rea-
sonable expenses for:
(1) First aid administered at the time of an
accident;
(2) Necessary medical, surgical, x-ray and
dental services, including prosthetic de-
vices; and
(3) Necessary ambulance, hospital, profes-
sional nursing and funeral services.
2. Exclusions
We will not pay expenses for bodily injury;
a. To any insured.
b. To a person hired to do work for or on behalf
of any insured or a tenant of any insured.
Page 6 of 16
(9) Committed by an insured whose business
is advertising, broadcasting, publishing
or telecasting. However, this exclusion
does not apply to Paragraphs 14.a., b.
and c. of personal and advertising injury
under the Definitions Section; or
Z
(10) Arising out of the actual, alleged or
threatened discharge, dispersal, seepage,
migration, release or escape of pollutants
s
at any time.
0
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b. Any loss, cost or expense arising out of any:
N
(1) Request, demand or order that any in-
sured or others test for, monitor, clean
up, remove, contain, treat, detoxify or
neutralize, or in any way respond to, or
N
assess the effects of pollutants; or
NCopyright,
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CG0001 7-98
Insurance Services Office, Inc., 1997
(2) Claim or suit by or on behalf of a gov-
ernmental authority for damages because
of testing for, monitoring, cleaning up,
removing, containing, treating, detoxify-
ing or neutralizing, or in any way re-
sponding to, or assessing the effects of
pollutants.
Coverage C. Medical Payments
1. Insuring Agreement
a. We will pay medical expenses as described
below for bodily injury caused by an accident:
(1) On premises you own or rent;
(2) On ways next to premises you own or
rent; or
(3) Because of your operations;
provided that:
(1) The accident takes place in the coverage
territory and during the policy period;
(2) The expenses are incurred and reported
to us within one year of the date of the
accident; and
(3) The injured person submits to examina-
tion, at our expense, by physicians of our
choice as often as we reasonably require.
b. We will make these payments regardless of
fault. These payments will not exceed the ap-
plicable limit of insurance. We will pay rea-
sonable expenses for:
(1) First aid administered at the time of an
accident;
(2) Necessary medical, surgical, x-ray and
dental services, including prosthetic de-
vices; and
(3) Necessary ambulance, hospital, profes-
sional nursing and funeral services.
2. Exclusions
We will not pay expenses for bodily injury;
a. To any insured.
b. To a person hired to do work for or on behalf
of any insured or a tenant of any insured.
Page 6 of 16
c. To a person injured on that part of premises
you own or rent that the person normally
occupies.
d. To a person, whether or not an employee of
any insured, if benefits for the bodily injury
are payable or must be provided under a
workers compensation or disability benefits
law or a similar law.
e. To a person injured while taking part in ath-
letics.
f. Included within the products -completed oper-
ations hazard.
g. Excluded under Coverage A.
h. Due to war, whether or not declared, or any
act or condition incident to war. War includes
civil war, insurrection, rebellion or revolution.
Supplementary Payments - Coverages A and B
1. We will pay, with respect to any claim we investi-
gate or settle, or any suit against an insured we
defend:
a. All expenses we incur.
b. Up to $250 for cost of bail bonds required
because of accidents or traffic law violations
arising out of the use of any vehicle to which
the Bodily Injury Liability Coverage applies.
We do not have to furnish these bonds.
c. The cost of bonds to release attachments, but
only for bond amounts within the applicable
limit of insurance. We do not have to furnish
these bonds.
d. All reasonable expenses incurred by the in-
sured at our request to assist us in the inves-
tigation or defense of the claim or suit,
including actual loss of earnings up to $250 a
day because of time off from work.
e. All costs taxed against the insured in the suit.
f. Prejudgment interest awarded against the in-
sured on that part of the judgment we pay.
If we make an offer to pay the applicable limit
of insurance, we will not pay any prejudgment
interest based on that period of time after the
offer.
CG0001 7-98
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g. All interest on the full amount of any judg-
ment that accrues after entry of the judgment
and before we have paid, offered to pay, or
deposited in court the part of the judgment
that is within the applicable limit of insurance.
These payments will not reduce the limits of in-
surance.
2. If we defend an insured against a suit and an in-
demnitee of the insured is also named as a party
to the suit, we will defend that indemnitee if all of
the following conditions are met:
a. The suit against the indemnitee seeks damages
for which the insured has assumed the liability
of the indemnitee in a contract or agreement
that is an insured contract;
b. This insurance applies to such liability as-
sumed by the insured;
c. The obligation to defend, or the cost of the
defense of, that indemnitee, has also been as-
sumed by the insured in the same insured
contract;
d. The allegations in the suit and the informa-
tion we know about the occurrence are such
that no conflict appears to exist between the
interests of the insured and the interests of the
indemnitee;
e. The indemnitee and the insured ask us to
conduct and control the defense of that in-
demnitee against such suit and agree that we
can assign the same counsel to defend the in-
sured and the indemnitee; and
f. The indemnitee:
(1) Agrees in writing to:
(a) Cooperate with us in the investi-
gation, settlement or defense of the
suit;
(b) Immediately send us copies of any
demands, notices, summonses or le-
gal papers received in connection
with the suit;
(c) Notify any other insurer whose cov-
erage is available to the indemnitee;
and
Page 7 of 16
(d) Cooperate with us with respect to
business. Your managers are insureds, but
coordinating other applicable insur-
only with respect to their duties as your
ance available to the indemnitee;
managers.
and
d. An organization other than a partnership,
(2) Provides us with written authorization
joint venture or limited liability company, you
to:
are an insured. Your executive officers and
directors are insureds, but only with respect
(a) Obtain records and other informa-
to their duties as your officers or directors.
tion related to the suit; and
Your stockholders are also insureds, but only
with respect to their liability as stockholders.
(b) Conduct and control the defense of
the indemnitee in such suit.
2. Each of the following is also an insured:
So long as the above conditions are met, attorneys
a. Your employees, other than either your exec -
fees incurred by us in the defense of that indemni-
utive officers (if you are an organization other
tee, necessary litigation expenses incurred by us
than a partnership, joint venture or limited
and necessary litigation expenses incurred by the
liability company) or your managers (if you
indemnitee at our request will be paid as Supple-
are a limited liability company), but only for
mentary Payments. Notwithstanding the pro-
acts within the scope of their employment by
visions of paragraph 2.b.(2) of Section I -
you while performing duties related to the
Coverage A - Bodily Injury and Property Damage
conduct of your business. However, none of
Liability, such payments will not be deemed to be
these employees is an insured for:
damages for bodily injury and property damage and
will not reduce the limits of insurance.
(1) Bodily injury or personal and advertising
LL
injury:
oOur obligation to defend an insured's indemnitee
oand to pay for attorneys fees and necessary liti-
(a) To you, to your partners or mem-
0gation expenses as Supplementary Payments ends
hers (if you are a partnership or joint
when:
venture), to your members (if you
are a limited liability company), or
n a. We have used up the applicable limit of in-
to a co -employee while that co -em -
x surance in the payment of judgments or set-
ployee is either in the course of his
tlements; or
or her employment or performing
duties related to the conduct of your
b. The conditions set forth above, or the terms
business;
of the agreement described in Paragraph f.
above, are no longer met.
(b) To the spouse, child, parent, brother
or sister of that co -employee as a
Section II - Who Is an Insured
consequence of paragraph (1)(a)
above;
1. If you are designated in the Declarations as:
Z
(c) For which there is any obligation to
a. An individual, you and your spouse are in-
share damages with or repay some-
sureds, but only with respect to the conduct
one else who must pay damages be -
of a business of which you are the sole owner.
cause of the injury described in
co b. A partnership or joint venture, you are an in -
paragraphs (1)(a) or (b) above; or
W sured. Your members, your partners, and
(d) Arising out of his or her providing
dtheir spouses are also insureds, but only with
or failing to provide professional
LLrespect to the conduct of your business.
health care services.
W
c. A limited liability company, you are an in-
sured. Your members are also insureds, but
N
only with respect to the conduct of your
(a) Owned, occupied or used by,
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Page 8 of 16
(b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by
you, any of your employees, any partner
or member (if you are a partnership or
joint venture), or any member (if you are
a limited liability company).
b. Any person (other than your employee), or
any organization while acting as your real es-
tate manager.
c. Any person or organization having proper
temporary custody of your property if you
die, but only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has been
appointed.
d. Your legal representative if you die, but only
with respect to duties as such. That repre-
sentative will have all your rights and duties
under this Coverage Part.
3. With respect to mobile equipment registered in
your name under any motor vehicle registration
law, any person is an insured while driving such
equipment along a public highway with your per-
mission. Any other person or organization re-
sponsible for the conduct of such person is also an
insured, but only with respect to liability arising
out of the operation of the equipment, and only if
no other insurance of any kind is available to that
person or organization for this liability. However,
no person or organization is an insured with re-
spect to:
a. Bodily injury to a co -employee of the person
driving the equipment; or
a. Coverage under this provision is afforded only
until the 90th day after you acquire or form
the organization or the end of the policy pe-
riod, whichever is earlier;
b. Coverage A does not apply to bodily injury
or property damage that occurred before you
acquired or formed the organization; and
C. Coverage B does not apply to personal and
advertising injury arising out of an offense
committed before you acquired or formed the
organization.
No person or organization is an insured with respect to
the conduct of any current or past partnership, joint
venture or limited liability company that is not shown
as a Named Insured in the Declarations.
Section III - Limits of Insurance
1. The Limits of Insurance shown in the Declarations
and the rules below fix the most we will pay re-
gardless of the number of:
a. Insureds;
b. Claims made or suits brought; or
c. Persons or organizations making claims or
bringing suits.
2. The General Aggregate Limit is the most we will
pay for the sum of:
a. Medical expenses under Coverage C;
b. Damages under Coverage A, except damages
because of bodily injury or property damage
included in the products -completed operations
hazard; and
c. Damages under Coverage B.
b. Property damage to property owned by, 3. The Products -Completed Operations Aggregate
rented to, in the charge of or occupied by you Limit is the most we will pay under Coverage A
or the employer of any person who is an in- for damages because of bodily injury and property
sured under this provision. damage included in the products -completed oper-
ations hazard.
4. Any organization you newly acquire or form,
other than a partnership, joint venture or limited 4. Subject to 2. above, the Personal and Advertising
liability company, and over which you maintain Injury Limit is the most we will pay under Cov-
ownership or majority interest, will qualify as a erage B for the sum of all damages because of all
Named Insured if there is no other similar insur- personal and advertising injury sustained by any
ance available to that organization. However: one person or organization.
CG0001 7-98
Copyright, Insurance Services Office, Inc., 1997
Page 9 of 16
5. Subject to 2. or 3. above, whichever applies, the
Each Occurrence Limit is the most we will pay for
the sum of:
a. Damages under Coverage A; and
b. Medical expenses under Coverage C
because of all bodily injury and property damage
arising out of any one occurrence.
6. Subject to 5. above, the Damage to Premises
Rented to You Limit is the most we will pay un-
der Coverage A for damages because of property
damage to any one premises while rented to you,
or in the case of damage by fire, while rented to
you or temporarily occupied by you with permis-
sion of the owner.
7. Subject to 5. above, the Medical Expense Limit is
the most we will pay under Coverage C for all
medical expenses because of bodily injury sustained
by any one person.
The Limits of Insurance of this Coverage Part apply
LL separately to each consecutive annual period and to any
remaining period of less than 12 months, starting with
0
0
the beginning of the policy period shown in the Decla-
rations, unless the policy period is extended after issu-
ance for an additional period of less than 12 months.
In that case, the additional period will be deemed part
of the last preceding period for purposes of determining
the Limits of Insurance.
Section IV - Commercial General Liability Conditions
1. Bankruptcy
Bankruptcy or insolvency of the insured or of the
insured's estate will not relieve us of our obli-
gations under this Coverage Part.
Z 2. Duties in the Event of Occurrence, Offense, Claim
or Suit
a. You must see to it that we are notified as
soon as practicable of an occurrence or an
LL offense which may result in a claim. To the
W extent possible, notice should include:
Cq
(1) How, when and where the occurrence or
W offense took place;
(2) The names and addresses of any injured
N persons and witnesses; and
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(3) The nature and location of any injury or
damage arising out of the occurrence or
offense.
b. If a claim is made or suit is brought against
any insured, you must:
(1) Immediately record the specifics of the
claim or suit and the date received; and
(2) Notify us as soon as practicable.
You must see to it that we receive written
notice of the claim or suit as soon as practi-
cable.
C. You and any other involved insured must:
(1) Immediately send us copies of any de-
mands, notices, summonses or legal pa-
pers received in connection with the
claim or suit;
(2) Authorize us to obtain records and other
information;
(3) Cooperate with us in the investigation
or settlement of the claim or defense
against the suit; and
(4) Assist us, upon our request, in the en-
forcement of any right against any person
or organization which may be liable to
the insured because of injury or damage
to which this insurance may also apply.
d. No insured will, except at that insured's own
cost, voluntarily make a payment, assume any
obligation, or incur any expense, other than
for first aid, without our consent.
3. Legal Action Against Us
No person or organization has a right under this
Coverage Part:
a. To join us as a party or otherwise bring us
into a suit asking for damages from an in-
sured; or
b. To sue us on this Coverage Part unless all of
its terms have been fully complied with.
A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured obtained after an actual trial;
but we will not be liable for damages that are not
Page 10 of 16
payable under the terms of this Coverage Part or
that are in excess of the applicable limit of insur-
ance. An agreed settlement means a settlement
and release of liability signed by us, the insured
and the claimant or the claimant's legal represen-
tative.
4. Other Insurance
If other valid and collectible insurance is available
to the insured for a loss we cover under Coverages
A or B of this Coverage Part, our obligations are
limited as follows:
a. Primary Insurance
This insurance is primary except when b. be-
low applies. If this insurance is primary, our
obligations are not affected unless any of the
other insurance is also primary. Then, we will
share with all that other insurance by the
method described in c. below.
b. Excess Insurance
This insurance is excess over:
(1) Any of the other insurance, whether pri-
mary, excess, contingent or on any other
basis:
(a) That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for your work;
(b) That is Fire insurance for premises
rented to you or temporarily occu-
pied by you with permission of the
owner;
(c) That is insurance purchased by you
to cover your liability as a tenant for
property damage to premises rented
to you or temporarily occupied by
you with permission of the owner;
or
(d) If the loss arises out of the mainte-
nance or use of aircraft, autos or
watercraft to the extent not subject
to Exclusion g. of Section I - Cov-
erage A - Bodily Injury and Prop-
erty Damage Liability.
(2) Any other primary insurance available to
you covering liability for damages arising
CG0001 7-99
Copyright, Insurance Services Office, Inc., 1997
out of the premises or operations for
which you have been added as an addi-
tional insured by attachment of an en-
dorsement.
When this insurance is excess, we will have
no duty under Coverage A or B to defend the
insured against any suit if any other insurer
has a duty to defend the insured against that
suit. If no other insurer defends, we will un-
dertake to do so, but we will be entitled to the
insured's rights against all those other insur-
ers.
When this insurance is excess over other in-
surance, we will pay only our share of the
amount of the loss, if any, that exceeds the
sum of:
(1) The total amount that all such other in-
surance would pay for the loss in the ab-
sence of this insurance; and
(2) The total of all deductible and self-in-
sured amounts under all that other in-
surance.
We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the Declara-
tions of this Coverage Part.
c. Method of Sharing
If all of the other insurance permits contrib-
ution by equal shares, we will follow this
method also. Under this approach each in-
surer contributes equal amounts until it has
paid its applicable limit of insurance or none
of the loss remains, whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will contrib-
ute by limits. Under this method, each
insurer's share is based on the ratio of its ap-
plicable limit of insurance to the total appli-
cable limits of insurance of all insurers.
5. Premium Audit
a. We will compute all premiums for this Cov-
erage Part in accordance with our rules and
rates.
Page 11 of 16
shown in the Declarations written notice of the
nonrenewal not less than 30 days before the expi-
ration date.
If notice is mailed, proof of mailing will be suffi-
cient proof of notice.
Section V - Definitions
1. Advertisement means a notice that is broadcast or
published to the general public or specific market
segments about your goods, products or services
for the purpose of attracting customers or sup-
porters.
2. Auto means a land motor vehicle, trailer or semi-
trailer designed for travel on public roads, includ-
ing any attached machinery or equipment. But
auto does not include mobile equipment.
3. Bodily injury means bodily injury, sickness or dis-
ease sustained by a person, including death result-
ing from any of these at any time.
4. Coverage territory means:
a. The United States of America (including its
territories and possessions), Puerto Rico and
Canada;
b. International waters or airspace, provided the
injury or damage does not occur in the course
of travel or transportation to or from any
place not included in a. above; or
c. All parts of the world if.
(1) The injury or damage arises out of:
(a) Goods or products made or sold by
you in the territory described in a.
above; or
(b) The activities of a person whose
home is in the territory described in
a. above, but is away for a short
time on your business; and
(2) The insured's responsibility to pay dam-
ages is determined in a suit on the merits,
in the territory described in a. above or
in a settlement we agree to.
5. Employee includes a leased worker. Employee does
not include a temporary worker.
Page 12 of 16
b. Premium shown in this Coverage Part as ad-
vance premium is a deposit premium only.
At the close of each audit period we will
compute the earned premium for that period.
Audit premiums are due and payable on no-
tice to the first Flamed Insured. If the sum
of the advance and audit premiums paid for
the policy period is greater than the earned
premium, we will return the excess to the first
Named Insured.
c. The first Named Insured must keep records
of the information we need for premium
computation, and send us copies at such
times as we may request.
6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are accu-
rate and complete;
b. Those statements are based upon representa-
tions you made to us; and
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c. We have issued this policy in reliance upon
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your representations.
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7. Separation of Insureds
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Except with respect to the Limits of Insurance,
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and any rights or duties specifically assigned in this
Coverage Part to the first Named Insured, this in-
surance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom
claim is made or suit is brought.
8. Transfer of Rights of Recovery Against Others to
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If the insured has rights to recover all or part of
any payment we have made under this Coverage
Part, those rights are transferred to us. The in-
sured must do nothing after loss to impair them.
W
At our request, the insured will bring suit or
N
transfer those rights to us and help us enforce
a
them.
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9. When We Do Not Renew
If we decide not to renew this Coverage Part, we
will mail or deliver to the first Named Insured
CG0001 7-98
NCopyright,
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Insurance Services Office, Inc., 1997
shown in the Declarations written notice of the
nonrenewal not less than 30 days before the expi-
ration date.
If notice is mailed, proof of mailing will be suffi-
cient proof of notice.
Section V - Definitions
1. Advertisement means a notice that is broadcast or
published to the general public or specific market
segments about your goods, products or services
for the purpose of attracting customers or sup-
porters.
2. Auto means a land motor vehicle, trailer or semi-
trailer designed for travel on public roads, includ-
ing any attached machinery or equipment. But
auto does not include mobile equipment.
3. Bodily injury means bodily injury, sickness or dis-
ease sustained by a person, including death result-
ing from any of these at any time.
4. Coverage territory means:
a. The United States of America (including its
territories and possessions), Puerto Rico and
Canada;
b. International waters or airspace, provided the
injury or damage does not occur in the course
of travel or transportation to or from any
place not included in a. above; or
c. All parts of the world if.
(1) The injury or damage arises out of:
(a) Goods or products made or sold by
you in the territory described in a.
above; or
(b) The activities of a person whose
home is in the territory described in
a. above, but is away for a short
time on your business; and
(2) The insured's responsibility to pay dam-
ages is determined in a suit on the merits,
in the territory described in a. above or
in a settlement we agree to.
5. Employee includes a leased worker. Employee does
not include a temporary worker.
Page 12 of 16
6. Executive officer means a person holding any of
the officer positions created by your charter,
constitution, by-laws or any other similar govern-
ing document.
7. Hostile fire means one which becomes uncontrol-
lable or breaks out from where it was intended to
be.
8. Impaired property means tangible property, other
than your product or your work, that cannot be
used or is less useful because:
a. It incorporates your product or your work that
is known or thought to be defective, deficient,
inadequate or dangerous; or
b. You have failed to fulfill the terms of a con-
tract or agreement;
if such property can be restored to use by:
a. The repair, replacement, adjustment or re-
moval of your product or your work; or
b. Your fulfilling the terms of the contract or
agreement.
9. Insured contract means:
a. A contract for a lease of premises. However,
that portion of the contract for a lease of
premises that indemnifies any person or or-
ganization for damage by fire to premises
while rented to you or temporarily occupied
by you with permission of the owner is not
an insured contract;
b. A sidetrack agreement;
c. Any easement or license agreement, except in
connection with construction or demolition
operations on or within 50 feet of a railroad;
d. An obligation, as required by ordinance, to
indemnify a municipality, except in con-
nection with work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement
pertaining to your business (including an in-
demnification of a municipality in connection
with work performed for a municipality) un-
der which you assume the tort liability of an-
other party to pay for bodily injury or
CG0001 7.98
Copyright, Insurance Services Office, Inc., 1997
property damage to a third person or organ-
ization. Tort liability means a liability that
would be imposed by law in the absence of
any contract or agreement.
Paragraph f. does not include that part of any
contract or agreement:
(1) That indemnifies a railroad for bodily in-
jury or property damage arising out of
construction or demolition operations,
within 50 feet of any railroad property
and affecting any railroad bridge or tres-
tle, tracks, road -beds, tunnel, underpass
or crossing;
(2) That indemnifies an architect, engineer
or surveyor for injury or damage arising
out of:
(a) Preparing, approving or failing to
prepare or approve maps, shop
drawings, opinions, reports, surveys,
field orders, change orders, or draw-
ings and specifications; or
(b) Giving directions or instructions, or
failing to give them, if that is the
primary cause of the injury or dam-
age;
(3) Under which the insured, if an architect,
engineer or surveyor, assumes liability for
an injury or damage arising out of the
insured's rendering or failure to render
professional services, including those
listed in (2) above and supervisory, in-
spection, architectural or engineering ac-
tivities.
10. Leased worker means a person leased to you by a
labor leasing firm under an agreement between you
and the labor leasing firm, to perform duties re-
lated to the conduct of your business. Leased
worker does not include a temporary worker.
11. Loading or unloading means the handling of pro-
perty;
a. After it is moved from the place where it is
accepted for movement into or onto an air-
craft, watercraft or auto;
b. While it is in or on an aircraft, watercraft or
auto; or
Page 13 of 16
C. While it is being moved from an aircraft, wa-
tercraft or auto to the place where it is finally
delivered;
but loading or unloading does not include the
movement of property by means of a mechanical
device, other than a hand truck, that is not at-
tached to the aircraft, watercraft or auto.
12. Mobile equipment means any of the following
types of land vehicles, including any attached ma-
chinery or equipment:
a. Bulldozers, farm machinery, forklifts and
other vehicles designed for use principally off
public roads;
b. Vehicles maintained for use solely on or next
to premises you own or rent;
c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not,
maintained primarily to provide mobility to
permanently mounted:
LL (1) Power cranes, shovels, loaders, diggers
or drills; or
(2) Road construction or resurfacing equip-
ment such as graders, scrapers or rollers;
e. Vehicles not described in a., b., c. or d. above
that are not self-propelled and are maintained
primarily to provide mobility to permanently
attached equipment of the following types:
(1) Air compressors, pumps and generators,
including spraying, welding, building cle-
aning, geophysical exploration, lighting
and well servicing equipment; or
(2) Cherry pickers and similar devices used
to raise or lower workers;
z
f. Vehicles not described in a., b., c. or d. above
maintained primarily for purposes other than
the transportation of persons or cargo.
LL However, self-propelled vehicles with the fol -
1 -4 lowing types of permanently attached equip -
a ment are not mobile equipment but will be
Q considered autos:
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(1) Equipment designed primarily for:
N (a) Snow removal;
CG0001 7-98
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(b) Road maintenance but not con-
struction or resurfacing; or
(c) Street cleaning;
(2) Cherry pickers and similar devices
mounted on automobile or truck chassis
and used to raise or lower workers; and
(3) Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploration, light-
ing and well servicing equipment.
13. Occurrence means an accident, including contin-
uous or repeated exposure to substantially the
same general harmful conditions.
14. Personal and advertising injury means injury, in-
cluding consequential bodily injury, arising out of
one or more of the following offenses:
a. False arrest, detention or imprisonment;
b. Malicious prosecution;
c. The wrongful eviction from, wrongful entry
into, or invasion of the right of private occu-
pancy of a room, dwelling or premises that a
person occupies, committed by or on behalf
of its owner, landlord or lessor;
d. Oral or written publication of material that
slanders or libels a person or organization or
disparages a person's or organization's goods,
products or services;
e. Oral or written publication of material that
violates a person's right of privacy;
f. The use of another's advertising idea in your
advertisement; or
g. Infringing upon another's copyright, trade
dress or slogan in your advertisement.
15. 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.
16. Products -completed operations hazard:
a. Includes all bodily injury and property damage
occurring away from premises you own or
Page 14 of 16
rent and arising out of your product or your
work except:
(1) Products that are still in your physical
possession; or
(2) Work that has not yet been completed
or abandoned. However, your work will
be deemed completed at the earliest of
the following times: 18.
(a) When all of the work called for in
your contract has been completed.
(b) When all of the work to be done at
the job site has been completed if
your contract calls for work at more
than one job site.
(c) When that part of the work done at
a job site has been put to its
intended use by any person or or-
ganization other than another con-
tractor or subcontractor working on
the same project.
Work that may need service, mainte-
nance, correction, repair or replacement,
but which is otherwise complete, will be
treated as completed.
b. Does not include bodily injury or property
damage arising out of:
(1) The transportation of property, unless
the injury or damage arises out of a con-
dition in or on a vehicle not owned or
operated by you, and that condition was
created by the loading or unloading of
that vehicle by any insured;
(2) The existence of tools, uninstalled
equipment or abandoned or unused ma-
terials; or
(3) Products or operations for which the
classification, listed in the Declarations
or in a policy schedule, states that pro-
ducts -completed operations are subject
to the General Aggregate Limit.
17. Property damage means:
a. Physical injury to tangible property, including
all resulting loss of use of that property. All
such loss of use shall be deemed to occur at
the time of the physical injury that caused it;
or
b. Loss of use of tangible property that is not
physically injured. All such loss of use shall
be deemed to occur at the time of the occur-
rence that caused it.
Suit means a civil proceeding in which damages
because of bodily injury, property damage or
personal and advertising injury to which this in-
surance applies are alleged. Suit includes:
a. An arbitration proceeding in which such
damages are claimed and to which the insured
must submit or does submit with our consent;
or
b. Any other alternative dispute resolution pro-
ceeding in which such damages are claimed
and to which the insured submits with our
consent.
19. Temporary worker means a person who is fur-
nished to you to substitute for a permanent em-
ployee on leave or to meet seasonal or short-term
workload conditions.
20. Your product means:
a. Any goods or products, other than real prop-
erty, manufactured, sold, handled, distributed
or disposed of by;
(1) You;
(2) Others trading under your name; or
(3) A person or organization whose business
or assets you have acquired; and
b. Containers (other than vehicles), materials,
parts or equipment furnished in connection
with such goods or products.
Your product includes:
a. Warranties or representations made at any
time with respect to the fitness, quality, dura-
bility, performance or use of your product;
and
b. The providing of or failure to provide warn-
ings or instructions.
CG0001 7-98
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Your product does not include vending machines
or other property rented to or located for the use
of others but not sold.
21. Your work means:
a. Work or operations pelf'ormed by you or on
your behalf; and
b. Materials, parts or equipment furnished in
connection with such work or operations.
1
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Your work includes:
a. Warranties or representations made at any
time with respect to the fitness, quality, dura-
bility, performance or use of your work; and
b. The providing of or failure to provide warn-
ings or instructions.
CG0001 7-98
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Amendment of Insuring Agreement Known Injury or Damage
CG 00 57 09 99
Policy Amendment(s) Commercial General Liability
This endorsement modifies insurance provided under the following:
Commercial General Liability Coverage Part (Occurrence Version)
Paragraph 1. Insuring Agreement of Section I Coverage
(1) The bodily injury or property damage is
A - Bodily Injury And Property Damage Liability is
caused by an occurrence that takes place
replaced by the following:
in the coverage territory;
1. Insuring Agreement
(2) The bodily injury or property damage
a. We will pay those sums that the insured be-
occurs during the policy period; and
comes legally obligated to pay as damages
(3) Prior to the policy period, no insured
because of bodily injury or property damage
listed under Paragraph 1. of Section 11 -
to which this insurance applies. We have the
Who is an Insured and no employee au -
tight and duty to defend the insured against
thorized by you to give or receive notice
any suit seeking those damages. However,
we will have no duty to defend the insured
of an occurrence or claim, knew that the
against any suit seeking damages for bodily
bodily injury or property damage had oc-
injury or property damage to which this in-
cuffed, in whole or in part. If such a
surance does not apply. We may, at our dis-
listed insured or authorized employee
cretion, investigate any occurrence and settle
knew, prior to the policy period, that the
any claim or suit that may result. But:
bodily injury or property damage oc-
cuffed, then any continuation, change or
(1) The amount we will pay for damages is
resumption of such bodily injury or
limited as described in Section III - Lim-
property damage during or after the pol-
its of Insurance; and
icy period will be deemed to have been
(2) Our right and duty to defend end when
known prior to the policy period.
we have used up the applicable limit of
insurance in the payment of judgments
c. Bodily injury or property damage which oc-
or settlements under Coverages A or B
curs during the policy period and was not,
or medical expenses under Coverage C.
prior to the policy period, known to have oc-
curred by any insured listed under Paragraph
No other obligation or liability to pay sums
1. of Section 11 -Who is An Insured or any
or perform acts or services is covered unless
employee authorized by you to give or receive
explicitly provided for under Supplementary
notice of an occurrence or claim, includes any
Payments - Coverages A and B.
continuation, change or resumption of that
b. This insurance applies to bodily injury and
bodily injury or property damage after the end
property damage only if-
of the policy period.
This Form must be attached to Change Endorsement when issued after the policy is written.
One of the Fireman's Fund Insurance Companies as named in the policy
Se retary
CGO057 9-99
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d. Bodily injury or property damage will be
deemed to have been known to have occurred
at the earliest time when any insured listed
under Paragraph 1. of Section 11 - Who is An
Insured or any employee authorized by you to
give or receive notice of an occurrence or
claim:
(1) Reports all, or any part, of the bodily in-
jury or property damage to us or any
other insurer;
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(2) Receives a written or verbal demand or
claim for damages because of the bodily
injury or property damage; or
(3) Becomes aware by any other means that
bodily injury or property damage has oc-
curred or has begun to occur.
e. Damages because of bodily injury include
damages claimed by any person or organiza-
tion for care, loss of services or death resulting
at any time from the bodily injury.
Page 2 of 2
Additional Insured - Managers or Lessors of Premises - CG 20 11 11 85
Policy Amendment General Liability
Insured Policy Number
Producer Effective Date
Schedule
Designation of Premises (Part leased to you)
Name of Person or Organization (Additional Insured)
(If no entry appears above, information required to complete this Endorsement will be shown in the Declarations
as applicable to this Endorsement.)
Who is an Insured (Section II) is amended to include
as an insured the person or organization shown in the
Schedule but only with respect to liability arising out
of the ownership, maintenance or use of that part of the
premises leased to you and shown in the Schedule and
subject to the following additional exclusions:
This insurance does not apply to:
1. Any occurrence which takes place after you cease
to be a tenant in that premises.
2. Structural alterations, new construction or demo-
lition operations performed by or on behalf of the
person or organization shown in the Schedule.
This Form must be attached to Change Endorsement when issued after the policy is written.
One of the Fireman's Fund Insurance Companies as named in the policy
V, X
CG2011 11-85
Contains Copyrighted Material of Insurance Services Office, Inc., 1984
INLAND MARINE
Inland Marine iM
POLICY NUMBER 8 02 MZG 07186870
NAMED INSURED
DOVER SHORES PET CARE CENTER
PORTFOLIO POLICY (R)
INLAND MARINE DECLARATIONS
INSURANCE IS PROVIDED ONLY FOR THOSE COVERAGES, LIMITS OF INSURANCE OR
LIABILITY OR AMOUNTS OF INSURANCE AND ENDORSEMENTS SHOWN BELOW.
OTHER INLAND MARINE - VETERINARY ANIMAL COVERAGE FORM
LOC 001 BLD 001 CM7222 12-96
LIMITS OF INSURANCE
S 25,000 ANY ONE ANIMAL
S 50,000 ANY ONE OCCURRENCE
DEDUCTIBLE $
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Conditions - 140559 12 86
Commercial Inland Marine Coverage Form
A. General Conditions
within the 48 contiguous states of the United
States, the District of Columbia and within
1. Your name and address as the Named Insured
the states of Alaska and Hawaii.
shall be as specified in the General Declara-
tions.
5.
Concealment or Fraud
2. The Policy Period
This policy is void if you have intentionally
This policy applies only to loss or damage
concealed or misrepresented any material fact
that occurs during the policy period shown in
or circumstance relating to this insurance.
the General Declarations. The policy period
6.
Abandonment
begins and ends at 12:01 a.m., Standard Time,
at your address shown in the General Decla-
You may not abandon any covered property
rations. But if this policy replaces a policy
to us without our written consent.
which expires at noon Standard Time on the
effective date of this policy, then this policy
7.
Civil Authority
will not be effective until the policy being re-
placed expires. In those states which require
We will pay you for your covered property, if
policy periods to begin and end at noon
covered for the peril of fire, if an order by a
Standard Time, this policy will begin and end
civil authority causes your property to be
at noon Standard Time.
damaged or destroyed during a conflagration
in order to retard such disaster.
LL 3. The Declarations shows you which coverages
oyou have purchased and the limits of insur-
8.
Suit
o ante that apply. You have only those cover-
ages and amounts of insurance. If this
You agree not to sue us or involve us in an-
coverage applies only at specified locations,
other action proceeding after 2 years have past
they are shown in the Declarations.
since you discovered the occurrence giving rise
Cq
to such action. If the state law applicable to
B accepting this policy, you agree that:
By p g p y, y g
this coverage requires a different time period
a. the statements in the Declarations are
within which suit may be brought, this pro-
your agreements and representations;
vision is amended to conform to such law.
b. that this policy is issued in reliance on the
B. Loss Adjustment Provisions
truth of such representations.
1.
Your Duties After Loss
4. Territorial Limits
If a loss occurs which this policy may cover,
Unless a coverage form attached to this policy
you must see that the following duties are
zindicates otherwise, this policy covers only
performed:
o This Form must be attached to Change Endorsement when issued after the policy is written
2
io One of the Fireman's Fund Insurance Companies as named in the nolicv
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a. Notice of Loss
You must tell us in writing as soon as
practical after loss or damage has oc-
curred to your covered property, or after
any occurrence that may develop into a
claim. You must also file with us or our
agent, a detailed sworn proof of loss
within ninety (90) days following the oc-
currence.
b. Protect Property
You shall do what is reasonably neces-
sary to minimize the loss or damage and
to protect the covered property from any
further loss or damage. Any expense in
doing this shall be shared by you and us
according to your and our interests. If
you move the covered property to a safe
place, that property will continue to be
covered and we will reimburse you for
the reasonable expenses for doing so.
You must tell us as soon as practical that
you have done this.
2. Examination Under Oath
Before recovering from us for any loss, you
shall, if we request:
a. Permit us to inspect and appraise the
damaged property before it is repaired or
disposed of;
b. be examined under oath;
c. produce others for examination under
oath; and,
d. comply with any other reasonable re-
quest we make.
These requests are for the purpose of exam-
ining the loss. They shall not mean that we
admit liability for any loss or damage.
3. Valuation
If a loss occurs, we will determine the value
of the lost or damaged property at its actual
cash value, with proper deduction for depre-
ciation, as of the time of loss or damage. We
will not pay you more than it would cost to
repair or replace the covered property with
material of like kind and quality. We will not
pay you for any part of the loss or damage
that you have collected from any other
source.
4. Settlement of Loss
We will settle substantiated claims within 30
days of our receipt of your statement of loss.
We will supply you with the necessary forms.
5. No Benefit to Bailee
No person or organization, other than you,
that has custody of the covered property, shall
benefit from this insurance.
6. Subrogation
If any person or organization to whom we
make payment under this policy has rights to
recover damages from another, those rights
are transferred to us. That person or organ-
ization must do everything necessary to aid
us in any recovery and to protect our rights.
If that person or organization does anything
to impair our rights after a loss, we will not
have to pay the loss.
7. Loss Clause
If you have a loss other than a total loss, we
will not reduce the amount of your coverage.
However, if you have a total loss, the amount
of your coverage shall be reduced by the
amount of the item that was lost or destroyed.
We will return to you the unearned premium
from the date of loss to the end of the current
policy period or rating period for which the
premium was charged, whichever comes first.
You may also request us to apply that un-
earned premium to the premium due on any
item(s) replacing that which was lost or de-
stroyed and for which we have paid a claim.
8. Pair, Set or Parts
If you have a loss to your covered property
that is part of a pair or set, we will pay you
only for a reasonable and fair proportion of
the total value of the pair or set. We will not
pay on the basis of a loss to the entire pair
or set.
If you have a loss to covered property that is
a piece or pieces which belong to something
that when complete consists of several parts,
we will pay only for the part(s) that are lost
or damaged.
140559 12-86R Page 2 of 4
9. Appraisal
If you and we fail to agree on the amount of
loss, either one can ask that the amount of
loss be established by appraisal. To start the
appraisal process either you or we must make
the request in writing to the other. Each must
then choose a competent, independent ap-
praiser and give the name and address of that
appraiser to the other. This must be done
within 30 days after the written request for
appraisal is received.
The two appraisers must then choose a com-
petent and impartial umpire. If they do not
agree on an umpire within 15 days, either you
or we may have an umpire selected by a court
located in the same state as the covered
property. The appraisers will then set the
amount of the loss. A copy of their report
will be given to you and to us. The amount
they agree upon will be the amount of loss.
If the appraisers fail to agree within a reason-
able period of time, they will give the umpire
LL a statement of their differences. A written
agreement signed by any two of the three will
set the amount of the loss. You will pay your
appraiser and we will pay ours. The umpire's
fee and other appraisal expenses will be shared
M equally by you and us.
N
x If we submit to an appraisal, we will still re-
tain our right to deny the claim.
10. Labeled Goods
If covered property bearing labels, packaging
or wrappers is lost or damaged, we will pay
you an amount sufficient to replace those la-
bels, packaging or wrappers.
N11. Other Insurance
Z
The coverage provided by this policy shall
apply only as excess insurance over any other
valid and collectible insurance or coverage
that applies to the covered property.
LL
N 12. Impairment of Recovery Rights
Ln
a,
LL If you do anything after a loss that impairs
W or precludes your right to recover from any
other party who may be liable for the loss or
N damage, we will not pay you. We may also
U refuse to pay if you make any settlement or
W 14055912-868
M
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agreement on a loss without our written con-
sent.
13. Recovery
If we recover any part of a loss from another
party, after we deduct the expenses of making
the recovery we will share the recovery with
you. Your share will be the proportion that
your share of the loss bears to the total
amount of the loss.
14. Loss Payee
If a loss payee is named in the Declarations,
we will pay you and the loss payee, as the in-
terest of each may appear.
C. Additional Losses We Do Not Cover
In addition to Causes of Loss We Do Not Cover
under this policy, the Governmental Action and
Nuclear Hazard Exclusions that follow will apply
to coverage under this policy regardless of other
governmental action or war risk exclusions or
clauses, or nuclear hazard or nuclear exclusions or
clauses may appear in this policy. If however, the
other clauses, if any, specifically assume these
risks, then such other governmental action or war
risk exclusions or clauses, or nuclear hazard or
nuclear exclusions or clauses shall apply and the
following clauses will not apply.
Government Action.
We do not cover loss or damage caused by
or resulting from seizure or destruction of
property by order of governmental authority.
But we will pay for acts of destruction ordered
by governmental authority and taken at the
time of a fire to prevent its spread if the fire
is covered under this policy.
2. Nuclear Hazard
We do not cover loss or damage caused by
any weapon employing atomic fission or
fusion or nuclear reaction or radiation, or ra-
dioactive contamination, however caused.
But we will pay for direct loss or damage
caused by resulting fire if the fire is covered
under this policy.
3. War and Military Action
We do not cover loss or damage caused by
or resulting from:
Page 3 of 4
a. War, including undeclared or civil war;
b. Warlike action by a military force, in-
cluding action in hindering or defending
against an actual or expected attack, by
any government, sovereign or other au-
thority using military personnel or other
agents; or,
c. Insurrection, rebellion, revolution,
usurped power or action taken by gov- B
ernmental authority in hindering or de-
fending against any of these.
4. Illegal Transport or Trade
We do not cover loss or damage caused by
or resulting from illegal transportation or
trade.
D. Definitions
Throughout this policy the terms you and your
mean the person or organization shown in the
l
General Declarations or coverage Declarations as
the Named Insured. You and your includes part-
ners acting as such when the Named Insured is a
partnership and executive officers, directors and
stockholders acting as such when the Named In-
sured is a corporation. We, us and our mean the
Company issuing this policy. The term policy
means this Property Floater and the coverage
forms and endorsements attached to it.
Special State Provisions
KANSAS. Suit. If this policy is issued in the
State of Kansas, the words five (5) years are sub-
stituted for the words twelve (12) months in Con-
dition A.8.
TEXAS. Notice of Loss and Suit. If this supple-
mental policy is issued in the State of Texas, the
words ninety-one (91) are substituted for the word
ninety (90) in Condition B. La. and the words two
(2) years and one (1) day are substituted for the
words twelve (12) months in Condition A.8.
In Witness Whereof, the Company has caused this policy to be executed and attested, but this policy shall not be
valid unless countersigned by a duly authorized representative of the Company.
140559 12-86R Page 4 of 4
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Debris and Pollutant Removal Policy Amendment - 140866 02 86
Policy Amendment
Your policy is amended as follows:
The following Extension of Coverage is added. If
your policy does not provide coverage for debris
removal, this Extension of Coverage adds debris
removal coverage. If your policy does provide de-
bris removal coverage, any other debris removal
coverage provided by your policy is deleted and
replaced by this Extension of Coverage.
Debris Removal. We will pay your reasonable cost
to remove the debris of insured property caused
by or resulting from an insured peril which occurs
during the policy period.
This coverage only applies if no later than 180 days
from the date of loss or the end of the policy pe-
riod, whichever comes first, you:
(1) discover the loss, and
(2) report the cost to us in writing.
We will pay up to 25% of the sum of:
(1) the direct physical loss otherwise payable un-
der the policy, and
(2) the deductible.
Payments under this Debris Removal coverage
will not increase the Limit of Liability applicable
to the insured property.
Debris Removal Additional Limit. If your cost for
debris removal exceeds the amount we pay under
the Limit of Liability applicable to the insured
property, we will pay up to the lesser of:
(1) 10% of the applicable Limit of Liability; or
(2) $100,000
as an Additional Limit of Liability for debris re-
moval.
We will not pay:
(1) the cost to extract POLLUTANTS from land
or water (except as provided under Pollutant
Removal below);
(2) the cost to repair, replace or restore property
damaged or destroyed by debris removal;
(3) the cost to remove debris from any location
used for handling, treatment, storage or dis-
posal of waste unless the policy is extended to
cover property at that specifically identified
location.
2. The following Extension of Coverage is added:
Pollutant Removal. We will pay your reasonable
cost to extract POLLUTANTS from land or wa-
ter. The release, discharge or dispersal of the
POLLUTANTS must result from an insured loss
and must occur during the policy period.
This coverage only applies if no later than 180 days
from the date of loss or from the end of the policy
period, whichever comes first, you:
(1) discover the loss, and
(2) report the cost to us in writing.
The most we will pay in any one loss is the lesser
of:
(1) 10% of the applicable Limit of Liability; or
(2) $10,000
Under this Extension of Coverage, the most we
will pay for all claims for loss which occurs at any
one location during the policy period is
$10,000.
This Form must be attached to Change Endorsement when issued after the policy is written.
One of the Fireman's Fund Insurance Companies as named in the policy
95A"W'C'
Se etary
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If this policy is written for a term of more than one
year, we will apply this limit separately to each
consecutive year of the policy period.
We will not pay:
(1) the cost to repair, replace or restore property
damaged or destroyed by extraction of
POLLUTANTS;
(2) the cost to extract POLLUTANTS from land
or water:
(a) at any location used for the handling,
treatment, storage or disposal of waste
unless the policy has been specifically
extended to cover property at that lo-
cation;
(b) at any location if the POLLUTANTS are
released, dispersed or discharged from a
location which is used for the handling,
treatment, storage or disposal of waste
unless the policy has been specifically
extended to cover property at that lo-
cation;
(c) at any location if the POLLUTANTS
arise out of or are a consequence of nu-
clear reaction or radiation, or radioactive
contamination. 4
The Coinsurance provision, if any, in this policy
does not apply to this Extension of Coverage.
3. The following exclusions are added:
Ordinance or Law.
We do not cover loss or damage caused by or re-
sulting from the enforcement of any ordinance or
law:
(1) regulating the use or repair of any property;
or
(2) requiring the tearing down or removal of any
property,
including the cost of removing its debris.
Pollutants.
We do not cover loss or damage caused by or re-
sulting from the release, discharge or dispersal of
POLLUTANTS unless the release, discharge or
dispersal is caused by one of the perils listed below
applying to the insured property. But we do cover
loss caused by any of the following perils which
results from the release, discharge or dispersal of
POLLUTANTS.
Perils: Fire or Lightning;
Explosion;
Aircraft or Vehicles;
Windstorm or Hail;
Riot or Civil Commotion;
Leakage from Fire Extinguishing
Equipment;
Volcanic Action;
Vandalism or Malicious Mischief;
Collision, upset or overturn of a
transporting vehicle.
For the purpose of this Endorsement,
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 recy-
cled, reconditioned or reclaimed.
140866 2-86R Page 2 of 2
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Veterinary Animal Coverage Form - CM 72 22 12 96
Policy Amendment(s) Commercial Inland Marine
Various provisions in this Coverage Part restrict cover-
age. Read the entire Coverage Part carefully to deter-
mine rights, duties and what is and is not covered.
Throughout this Coverage Part the words you and
your refer to the Named Insured shown in the Decla-
rations. The words we, us and our refer to the Com-
pany providing this insurance.
Some words and phrases that appear in bold face have
special meaning. Refer to Definitions.
I. Coverage
We will pay for the loss to Covered Animals
caused by or resulting from a Cause of Loss We
Cover while the Covered Animals are in your care,
custody or control.
A. Covered Animals
Covered Animals, as used in this Coverage
Part, means animals belonging to others
while:
1. In your care, custody or control for
treatment, grooming, boarding or breed -
mg;
2. In transit in or on vehicles you or your
employees own, lease or operate.
B. Animals Not Covered
We do not cover any of the following, unless
specifically identified in the Declarations or
by endorsement to this Coverage Part:
I. Animals rented or leased to others while
away from your premises;
2. Animals held for sale, lease or rental;
3. Animals you own.
II. Causes of Loss We Cover
We will pay for the loss of Covered Animals
caused by or resulting from any external cause ex-
cept those causes excluded under Causes of Loss
We Do Not Cover or which are excluded elsewhere
in this policy.
III. Causes of Loss We Do Not Cover
We do not cover loss or expense caused directly
or indirectly by any of the following. Such loss
or expenses is excluded regardless of any other
cause or event that contributes concurrently or in
any sequence to the loss.
A. Dishonest or criminal acts by you, any of
your partners, employees, directors, trustees,
authorized representatives or anyone to
whom you entrust the Covered Animals for
any purpose other than a carrier or other
bailee for hire:
1. Acting alone or in collusion with others;
or
2. Whether or not occurring during the
hours of employment.
B. Delay, loss of use, loss of market, or any other
consequential or remote loss of any kind;
C. Any treatment or process, or rendering or
failure to render professional services;
D. Conditions, including but not limited to in-
jury or illness, which existed prior to the
Covered Animal coming into your care, cus-
tody or control;
This Form must be attached to Change Endorsement when issued after the policy is written.
One of the Fireman's Fund Insurance Companies as named in the policy
Se etary
CM7222 12-96 Page 1 of 4
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E. Any disease or sickness, or death by natural
causes;
F. The seizure or destruction of Covered Ani-
mals by order of governmental authority. But
we will pay for acts of destruction ordered by
governmental authority and taken at the time
of a fire to prevent its spread if the fire is
covered under this Coverage Part.
G. Nuclear reaction or radiation, or radioactive
contamination, however caused. But we will
pay for direct loss or damage caused by re-
sulting fire if the fire is covered under this
Coverage Part.
H. War and Military Action
1. War, including undeclared or civil war;
2. Warlike action by a military force, in-
cluding action in hindering or defending
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.
IV. Limits of Insurance
The most we will pay for loss to any one Covered
Animal is the Limit of Insurance shown in the
Declarations that apply to this Coverage Part for
Any One Animal. The most we will pay in any
one occurrence, regardless of the number of Cov-
ered Animals involved in the loss, is the Limit of
Insurance shown in the Declarations that apply to
this Coverage Part for Any One Occurrence.
Payment under the Additional Coverages are in
addition to the applicable Limit of Insurance.
V. Deductible
We will not pay for loss in any one occurrence
until the amount of loss exceeds the Deductible
shown in the Declarations that apply to this Cov-
erage Part. We will then pay the amount of loss
in excess of the Deductible, up to the applicable
Limit of Insurance.
If more than one deductible is applicable under
this Coverage Part, we will only apply the single
highest Deductible that is applicable.
We have the right, but not the duty, to pay any
claim in full, including the amount of your
deductible in order to settle a claim. If we elect to
pay any part of your deductible, you agree to re-
imburse us for the full amount of such deductible.
Upon receipt of a bill for deductible amounts, you
will pay us promptly. If you fail to pay us
promptly, we may cancel this policy in accordance
with provisions of statute.
VI. Additional Coverages
A. Removal
If it is necessary to move Covered Animals
from the place you conduct your business to
preserve the Covered Animals from loss by a
Cause of Loss We Cover, we will pay your
reasonable expenses to move the Covered
Animals to a safe location.
The most we will pay in any one occurrence
for moving the Covered Animals to a safe lo-
cation to avoid loss is $1,000, regardless of
how many animals are in your care, custody
or control.
B. Uncollectible Charges
In the event of loss to Covered Animals
caused by or resulting from a Cause of Loss
We Cover, we will also pay your accrued
charges not collected from the customer as a
result of the loss. There shall be no recovery
for accrued charges which were more than
ninety (90) days delinquent from the end of
the month in which payment was due.
The most we will pay for accrued charges due
from any one customer is $250. The most
we will pay for accrued charges in any one
occurrence is $1,000.
We will not pay for uncollectible charges on
any claim for which the loss to the Covered
Animal is less than the deductible that applies
to such loss.
C. Advertising Expense and Rewards
We will pay the cost of advertising in news-
papers to aid in the recovery of Covered Ani-
mals which are lost or stolen while in your
CM7222 12-96 Page 2 of 4
care, custody or control. We will also pay a
The most we will pay in any one occur-
reward to the person or persons who provide
rence for damages under this Additional
information leading to the recovery of the
Coverage is $7,500. This is the most we
Covered Animals lost or stolen.
will pay regardless of the number of:
The most we will pay in any one occurrence
a. Insureds;
for coverage provided by this Additional
Coverage is $1,000. This is the most we will
b. Covered Animals involved in the
pay for advertising expense and rewards com-
loss;
bined, regardless of the number of Covered
Animals lost or stolen.
C. Claims made or suits brought; or
D. Additional Expense
d. Persons or organizations making
claims or bringing suits.
1. We will pay the reasonable expenses you
The most we will pay for damages under
incur for:
this Additional Coverage is any one pol-
icy period, regardless of the number of
and
occurrences, is $15,000.
b. Putting a Covered Animal to death
2. Defense
when such recovery or death is made
We will have the right and duty to defend
necessary by a Cause of Loss We Cover.
any suit against you seeking damages for
loss to Covered Animals caused by or
2. This Additional Coverage does not apply
resulting from an occurrence, even if any
to any:
of the allegations of the suit are not true.
o
We may investigate or negotiate and set-
a. Expense for advertising; or
tle any claim or suit as we consider ap-
propriate.
b. Rewards offered.
co
After we have paid the Limit of Insur-
3. The most we will pay in any one loss
ance that applies to damages under Sec-
under this Additional Coverage, regard-
tion 1. of this Additional Coverage in a
less of the number of Covered Animals
settlement or pursuant to a judgment,
in your care, custody or control, is
we have no duty:
$2,500. The most we will pay under this
Additional Coverage in any one policy
a. To pay any other sums as damages;
period, regardless of the number of oc-
or
currences, is $5,000.
b. To defend any suit, including the
E. Legal Liability Damages
one which has been settled or on
which a judgment has been paid.
Z 1. Damages
In addition to the Limit of Insurance that
We will pay all sums you become legally
applies to damages under Section 1. of
obligated to pay as damages because of
this Additional Coverage, we will pay:
LLyour liability for loss to Covered Animals
a. Expenses we incur to adjust claims
caused by or resulting from a Cause of
or suits;
N Loss We Cover.
a
b. Costs, including all expenses of liti-
Our obligation for payment of damages
,taxed against you in any suit
under this Additional Coverage
W e does not
we de
we defend;
o apply to your liability for the actual value
of the Covered Animal as insured else-
C. All interest which accrues after the
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entry of a judgment in a suit we
Ui CM7222 12-96
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defend. Our duty to pay interest
ends when we pay that part of the
judgment which does not exceed our
Limits of Insurance specified in Sec-
tion 1. of this Additional Coverage.
d. Premiums on appeal bonds:
(1) In any suit we defend;
(2) To release attachments in any
suit we defend.
But we will not pay the premiums
for bond amounts greater than the
applicable Limits of Insurance spec-
ified in Section 1. of this Additional
Coverage, and we have no obli-
gation to apply for or furnish any
bonds.
e. Reasonable expenses you incur at
our request to help us investigate or
defend against a claim or suit.
VII. Valuation
If a loss occurs, we will determine the value of the
Covered Animal as the cost to replace the Covered
Animal with another animal of the same quality
and breed. However, in no event will we pay more
than the least of the following amounts:
A. The Limit of Insurance that applies to the
Covered Animal;
B. The cost to replace the Covered Animal with
another animal;
1. Of comparable quality; and
2. Of the same breed; or
C. The amount you actually spend that is neces-
sary to treat or replace the Covered Animal.
VIII. Privilege to Adjust with Owner
We may adjust losses with the owners of the
Covered Animals if other than you. If we pay the
owners, such payments will satisfy your claims
against us for the owner's animal.
IX. Liberalization
If we adopt any revision that would broaden the
coverage under this Coverage Part without addi-
tional premium within 45 days prior to or during
the policy period, the broadened coverage will im-
mediately apply to this Coverage Part.
X. Definitions
A. Loss means injury, escape, or death of Cov-
ered Animals, or death of Covered Animals
made immediately necessary due to a Cause
of Loss We Cover.
B. Occurrence means a loss to Covered Animals
which occurs during the policy period and is
caused by one or more Causes of Loss We
Cover.
CM7222 12-96 Page 4 of 4
BUSINESS AUTO
Business Auto AU
POLICY NUMBER 8 Hl MZG 07186870
NAMED INSURED
DOVER SHORES PET CARE CENTER
PORTFOLIO POLICY (R)
BUSINESS AUTO POLICY DECLARATIONS
INSURANCE IS PROVIDED ONLY FOR THOSE COVERAGES, LIMITS OF LIABILITY AND
ENDORSEMENTS SHOWN BELOW.
ITEM TWO SCHEDULE OF COVERAGES AND COVERED AUTOS
(SEE SUPPLEMENTARY STATE ENDORSEMENTS WHERE APPLICABLE)
COVERAGES LIMITS
COMBINED BODILY INJURY AND $ 1,000,000 EACH ACCIDENT
PROPERTY DAMAGE LIABILITY COVERAGE
COVERAGES SYMBOLS — COVERED AUTO DESCRIPTION
(SEE SECTION I, PARAGRAPH A AND B)
LIABILITY COVERAGE 8. HIRED AUTOS ONLY
9. NONOWNED AUTOS ONLY
ENDORSEMENTS ONLY THOSE ENDORSEMENTS SHOWN BELOW APPLY
0
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WHO IS AN INSURED AMENDED (CA 70 07 01 87)
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N CHANGES IN BUSINESS AUTO AND TRUCKERS COVERAGE FORMS—INSURED CONTRACT
(CA 00 29 12 88)
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THESE DECLARATIONS ARE ISSUED IN CONJUNCTION WITH AND ARE PART OF POLICY
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Business Auto Coverage Form - CA 00 01 01 87
Commercial Business Auto 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 boldface have
special meaning. Refer to SECTION V - DEFI-
NITIONS.
Section I - Covered Autos
ITEM TWO of the Declarations shows the autos that
are covered autos for each of your coverages. The fol-
lowing numerical symbols describe the autos that may
be covered autos. The symbols entered next to a cov-
erage on the Declarations designate the only autos that
are covered autos.
A. Description of Covered Auto Designation Symbols
Symbol Description
1. = ANY AUTO.
2. = OWNED AUTOS ONLY. Only those
autos you own (and for Liability Coverage
any trailers you don't own while attached to
power units you own). This includes those
autos you acquire ownership of after the pol-
icy begins.
= OWNED PRIVATE PASSENGER
AUTOS ONLY. Only the private passenger
autos you own. This includes those private
passenger autos you acquire ownership of af-
ter the policy begins.
4. = OWNED AUTOS OTHER THAN PRI-
VATE PASSENGER AUTOS ONLY. Only
those autos, you own that are not of the pri-
vate passenger type (and for Liability Cover-
age any trailers you don't own while attached
to power units you own). This includes those
autos not of the private passenger type you
acquire ownership of after the policy begins.
5. = OWNED AUTOS SUBJECT TO
NO-FAULT. Only those autos you own that
are required to have No -Fault benefits in the
state where they are licensed or principally
garaged. This includes those autos you ac-
quire ownership of after the policy begins
provided they are required to have No -Fault
benefits in the state where they are licensed
or principally garaged.
6. = OWNED AUTOS SUBJECT TO A
COMPULSORY UNINSURED MOTOR-
ISTS LAW. Only those autos you own that
because of the law in the state where they are
licensed or principally garaged are required to
have and cannot reject Uninsured Motorists
Coverage. This includes those autos you ac-
quire ownership of after the policy begins
provided they are subject to the same state
uninsured motorists requirement.
= SPECIFICALLY DESCRIBED AUTOS.
Only those autos described in ITEM THREE
of the Declarations (and for Liability Cover-
age any trailers you don't own while attached
to any power unit described in ITEM
THREE).
8. = HIRED AUTOS ONLY. Only those
autos you lease, hire, rent or borrow. This
does not include any auto you lease, hire,
rent, or borrow from any of your employees
or partners or members of their households.
This Form must be attached to Change Endorsement when issued after the policy is written.
One of the Fireman's Fund Insurance Companies as named in the policy
CA0001 1-87
Contains Copyrighted Material of Insurance Services Office, Inc., 1985
Page 1 of 10
[:
9. = NONOWNED AUTOS ONLY. Only
those autos you do not own, lease, hire, rent
or borrow that are used in connection with
your business. This includes autos owned by
your employees or partners or members of
their households but only while used in your
business or your personal affairs.
Owned Autos You Acquire After the Policy Begins
1. If symbols 1, 2, 3, 4, 5, or 6 are entered next
to a coverage in ITEM TWO of the Declara-
tions, then you have coverage for autos that
you acquire of the type described for the re-
mainder of the policy period.
2. But, if symbol 7 is entered next to a coverage
in ITEM TWO of the Declarations, an auto
you acquire will be a covered auto for that
coverage only if:
a. We already cover all autos that you own
for that coverage or it replaces an auto
you previously owned that had that cov-
erage; and
b. You tell us within 30 days after you ac-
quire it that you want us to cover it for
that coverage.
C. Certain Trailers, Mobile Equipment and Tempo-
rary Substitute Autos
If Liability Coverage is provided by this Coverage
Form, the following types of vehicles are also
covered autos for Liability Coverage:
1. Trailers with a load capacity of 2,000 pounds
or less designed primarily for travel on public
roads.
2. Mobile equipment while being carried or
towed by a covered auto.
3. Any auto you do not own while used with the
permission of its owner as a temporary sub-
stitute for a covered auto you own that is out
of service because of its:
a. Breakdown;
b. Repair;
c. Servicing;
d. Loss; or
CA0001 1-87
Contains Copyrighted Material of Insurance Services Office, Inc., 1985
e. Destruction.
Section II - Liability Coverage
A. Coverage
We will pay all sums an insured legally must pay
as damages because of bodily injury or property
damage to which this insurance applies, caused by
an accident and resulting from the ownership,
maintenance or use of a covered auto.
We have the right and duty to defend any suit
asking for these damages. However, we have no
duty to defend suits for bodily injury or property
damage not covered by this Coverage Form. We
may investigate and settle any claim or suit as we
consider appropriate. Our duty to defend or settle
ends when the Liability Coverage Limit of Insur-
ance has been exhausted by payment of judgments
or settlements.
1. Who is an Insured
The following are insureds:
a. You for any covered auto.
b. Anyone else while using with your per-
mission a covered auto you own, hire or
borrow except:
(1) The owner or anyone else from
whom you hire or borrow a covered
auto. This exception does not apply
if the covered auto is a trailer con-
nected to a covered auto you own.
(2) Your employee if the covered auto
is owned by that employee or a
member of his or her household.
(3) Someone using a covered auto while
he or she is working in a business
of selling, servicing, repairing or
parking autos unless that business
is yours.
(4) Anyone other than your employees,
partners, a lessee or borrower or any
of their employees, while moving
property to or from a covered auto.
(5) A partner of yours for a covered
auto owned by him or her or a
member of his or her household.
Page 2 of 10
c. Anyone else who is not otherwise ex-
cluded under paragraph b. above and is
liable for the conduct of an insured but
only to the extent of that liability.
2. Coverage Extensions
a. Supplementary Payments. In addition to
the Limit of Insurance, we will pay for
the insured:
(1) All expenses we incur.
(2) Up to $250 for cost of bail bonds
(including bonds for related traffic
law violations) required because of
an accident we cover. We do not
have to furnish these bonds.
(3) The cost of bonds to release attach-
ments in any suit we defend, but
only for bond amounts within our
Limit of Insurance.
(4) All reasonable expenses incurred by
the insured at our request, including
LL actual loss of earnings up to $100 a
day because of time off from work.
0
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(5) All costs taxed against the insured in
any suit we defend.
(6) All interest on the frill amount of
x
any judgment that accrues after en-
try of the judgment in any suit we
defend; but our duty to pay interest
ends when we have paid, offered to
pay or deposited in court the part
of the judgment that is within our
Limit of Insurance.
b. Out of State Coverage Extensions.
? While a covered auto is away from the
state where it is licensed we will:
Increase the Limit of Insurance for
Liability Coverage to meet the limits
LL
ID specified by a compulsory or fman-
W
cial responsibility law of the iuris-
diction where the covered auto is
being used. This extension does not
M apply to the limit or limits specified
by any law governing motor carriers
N of passengers or property.
U
CA0001 1-87
UJ Contains Copyrighted Material of Insurance Services Office, Inc., 1985
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(2) Provide the minimum amounts and
types of other coverages, such as
no-fault, required of out of state ve-
hicles by the jurisdiction where the
covered auto is being used.
We will not pay anyone more than
once for the same elements of loss
because of these extensions.
B. Exclusions
This insurance does not apply to any of the fol-
lowing:
1. Expected or Intended Injury
Bodily injury or property damage expected or
intended from the standpoint of the insured.
2. Contractual
Liability assumed under any contract or
agreement.
But this exclusion does not apply to liability
for damages:
a. Assumed in a contract or agreement that
is an insured contract; or
b. That the insured would have in the ab-
sence of the contract or agreement.
3. Workers' Compensation
Any obligation for which the insured or the
insured's insurer may be held liable under any
workers' compensation, disability benefits or
unemployment compensation law or any si-
milar law.
4. Employee Indemnification and Employer's
Liability
Bodily injury to:
a. An employee of the insured arising out
of and in the course of employment by
the insured; or
b. The spouse, child, parent, brother or sis-
ter of that employee as a consequence of
paragraph a. above.
This exclusion applies:
Page 3 of 10
(1) Whether the insured may be liable
as an employer or in any other ca-
pacity; and
(2) To any obligation to share damages
with or repay someone else who
must pay damages because of the
injury.
But this exclusion does not apply to
bodily injury to domestic employees not
entitled to workers' compensation bene-
fits or to liability assumed by the insured
under an insured contract.
5. Fellow Employee
Bodily injury to any fellow employee of the
insured arising out of and in the course of the
fellow employee's employment.
6. Care, Custody or Control
Property damage to property owned or
transported by the insured or in the insured's
care, custody or control. But this exclusion
does not apply to liability assumed under a
sidetrack agreement.
7. Handling of Property
Bodily injury or property damage resulting
from the handling of property:
a. Before it is moved from the place where
it is accepted by the insured for move-
ment into or onto the covered auto; or
b. After it is moved from the covered auto
to the place where it is finally delivered
by the insured.
S. Movement of Property by Mechanical Device
Bodily injury or property damage resulting
from the movement of property by a me-
chanical device (other than a hand truck) un-
less the device is attached to the covered auto.
9. Operations
Bodily injury or property damage arising out
of the operations of any equipment listed in
paragraphs 6.b. and 6.c. of the definition of
mobile equipment.
CA0001 1-87
Contains Copyrighted Material of Insurance Services Office, Inc., 1985
f F�
10. Completed Operations
Bodily injury or property damage arising out
of your work after that work has been com-
pleted or abandoned.
In this exclusion, your work means:
a. Work or operations performed by you
or on your behalf; and
b. Materials, parts or equipment furnished
in connection with such work or oper-
ations.
Your work includes warranties or repres-
entations made at any time with respect
to the fitness, quality, durability or per-
formance of any of the items included in
paragraphs a. or b. above.
Your work will be deemed completed at
the earliest of the following times:
(1) When all of the work called for in
your contract has been completed.
(2) When all of the work to be done at
the site has been completed if your
contract calls for work at more than
one site.
(3) When that part of the work done at
a job site has been put to its in-
tended use by any person or organ-
ization other than another
contractor or subcontractor working
on the same project.
Work that may need service, mainte-
nance, correction, repair or replacement,
but which is otherwise complete, will be
treated as completed.
11. Pollution
a. Bodily injury or property damage arising
out of the actual, alleged or threatened
discharge, dispersal, release or escape of
pollutants:
(1) That are, or that are contained in
any property that is:
(a) Being transported or towed by,
or handled for movement into,
onto or from, the covered auto;
Page 4 of 10
(b) Otherwise in the course of
Paragraphs a(2) and a(3) of this exclusion
transit by the insured; or
do not apply if:
(c) Being stored, disposed of,
(1) the pollutants or any property in
treated or processed in or upon
which the pollutants are contained
the covered auto;
are upset, overturned or damaged as
a result of the maintenance or use
(2) Before the pollutants or any prop-
of a covered auto; and
erty in which the pollutants are
contained are moved from the place
(2) the discharge, dispersal, release or
where they are accepted by the in-
escape of the pollutants is caused
sured for movement into or onto the
directly by such upset, overturn or
covered auto; or
damage.
(3) After the pollutants or any property
12. War
in which the pollutants are con-
Bodily injury or property damage due to war,
tained are moved from the covered
whether or not declared, or any act or condi-
auto to the place where they are fi-
tion incident to war. War includes civil war,
nally delivered, disposed of or aban-
insurrection, rebellion or revolution. This
doned by the insured.
exclusion applies only to liability assumed
under a contract or agreement.
b. Any loss, cost or expense arising out of
any governmental direction or request
C. Limit of Insurance
that you test for, monitor, clean up, re-
move, contain, treat, detoxify or neutral-
Regardless of the number of covered autos, in -
LL
ize pollutants.
sureds, premiums paid, claims made or vehicles
involved in the accident, the most we will pay for
o
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Pollutants means any solid, liquid, gase-
all damages resulting from any one accident is the
g
ous or thermal irritant or contaminant,
Limit of Insurance for Liability Coverage shown
-
including smoke, vapor, soot, fumes, ac-
in the Declarations.
N
ids, alkalis, chemicals and waste. Waste
includes materials to be recycled, recon-
All bodily injury and property damage resulting
ditioned or reclaimed.
from continuous or repeated exposure to
substantially the same conditions will be consid-
Paragraph a.(1)(c) does not apply to fu-
ered as resulting from one accident.
els, lubricants, fluids, exhaust gases or
other similar pollutants that are needed
Section III - Physical Damage Coverage
for or result from the normal electrical,
A. Coverage
hydraulic or mechanical functioning of
the covered auto or its parts, if:
1. we will pay for loss to a covered auto or its
equipment under:
z
(1) The pollutants escape or are dis-
charged, dispersed or released di-
a. Comprehensive Coverage. From any
rectly from an auto part designed by
cause except:
its manufacturer to hold, store, re-
o
ceive or dispose of such pollutants;
(1) The covered auto's collision with
and
another object; or
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(2) The bodily injury or property dam -
(2) The covered auto's overturn.
(
age does not arise out of the opera-
b. Specified Causes of Loss Coverage.
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tion of any equipment listed in
Caused by:
paragraphs 6.b and 6.c of the defi-
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nition of mobile equipment.
(1) Fire, lightning or explosion;
CA0001 1-87
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(2) Theft;
(3) Windstorm, hail or earthquake;
(4) Flood;
(5) Mischief or vandalism; or
(6) The sinking, burning, collision or
derailment of any conveyance trans-
porting the covered auto.
of the policy's expiration, when the covered
auto is returned to use or we pay for its loss
B. Exclusions
1. We will not pay for loss caused by or resulting
from any of the following. Such loss is ex-
cluded regardless of any other cause or event
that contributes concurrently or in any se-
quence to the loss.
CA0001 1-87
Contains Copyrighted Material of Insurance Services Office, Inc., 1985
Page 6 of 10
a. Nuclear Hazard.
c. Collision Coverage. Caused by:
(1) The explosion of any weapon em -
(1) The covered auto's collision with
ploying atomic fission of fusion; or
another object; or
(2) Nuclear reaction or radiation, or ra-
(2) The covered auto's overturn.
dioactive contamination, however
caused.
2. Towing.
b. War or Military Action.
We will pay up to the limit shown in the
Declarations for towing and labor costs in-
(1) War, including undeclared or civil
curred each time a covered auto of the private
war;
passenger type is disabled. However, the la-
bor must be performed at the place of disa-
(2) Warlike action by a military force,
blement.
including action in hindering or de-
fending against an actual or expected
3. Glass Breakage - Hitting a Bird or Animal -
attack, by any government, sover-
Falling Objects or Missiles.
eign or other authority using mili-
tary personnel or other agents; or
If you carry Comprehensive Coverage for the
damaged covered auto, we will pay for the
(3) Insurrection, rebellion, revolution,
following under Comprehensive Coverage:
usurped power or action taken by
governmental authority in hindering
a. Glass breakage;
or defending against any of these.
b. Loss caused by hitting a bird or animal;
2. Other Exclusions.
and
a. We will not pay for loss to any of the
c. Loss caused by falling objects or missiles.
following:
However, you have the option of having glass
(1) Tape decks or other sound re -
breakage caused by a covered auto's collision
producing equipment unless perma-
or overturn considered a loss under Collision
nently installed in a covered auto.
Coverage.
(2) Tapes, records or other sound re -
4. Coverage Extension. We will also pay up to
producing devices designed for use
$10 per day to a maximum of $300 for trans-
with sound reproducing equipment.
portation expense incurred by you because of
the total theft of a covered auto of the private
(3) Sound receiving equipment designed
passenger type. We will pay only for those
for use as a citizens' band radio,
covered autos for which you carry either
two-way mobile radio or telephone
Comprehensive or Specified Causes of Loss
or scanning monitor receiver, in -
Coverage. We will pay for transportation ex-
cluding its antennas and other ac-
penses incurred during the period beginning
cessories, unless permanently
48 hours after the theft and ending, regardless
installed in the dash or console
CA0001 1-87
Contains Copyrighted Material of Insurance Services Office, Inc., 1985
Page 6 of 10
opening normally used by the auto
a. Pay its chosen appraiser; and
manufacturer for the installation of
a radio.
b. Bear the other expenses of the appraisal
and umpire equally.
b. We will not pay for loss caused by or re-
sulting from any of the following unless
If we submit to an appraisal, we will still
caused by other loss that is covered by
retain our right to deny the claim.
this insurance:
2. Duties in the Event of Accident, Claim, Suit
(1) Wear and tear, freezing, mechanical
or Loss
or electrical breakdown.
a. In the event of accident claim, suit or
(2) Blowouts, punctures or other road
loss, you must give us or our authorized
damage to tires,
representative prompt notice of the acci-
dent or loss. Include:
C. Limit of Insurance
(1) How, when and where the accident
The most we will pay for loss in any one accident
or loss occurred;
is the lesser of:
(2) The insured's home and address; and
1. The actual cash value of the damaged or sto-
len property as of the time of the loss; or
(3) To the extent possible, the names
and addresses of any injured persons
2. The cost of repairing or replacing the dam-
and witnesses.
aged or stolen property with other property
b. Additionally, you and any other involved
LL of like kind and quality.
insured must:
D. Deductible
0
(1) Assume no obligation, make no
For each covered auto, our obligation to pay for,
payment or incur no expense with -
repair, return or replace damaged or stolen prop-
out our consent, except at the
^erty will be reduced by the applicable deductible
N
insured's own cost.
shown in the Declarations. Any Comprehensive
(2) Immediately send us copies of any
Coverage deductible shown in the Declarations
demand, notice, summons or legal
does not apply to loss caused by fire or lightning.
paper received concerning the claim
Section IV - Business Auto Conditions
or suit.
The following conditions apply in addition to the
(3) Cooperate with us in the investi-
Common Policy Conditions:
gation, settlement or defense of the
claim or suit.
A. Loss Conditions
j
(4) Authorize us to obtain medical re-
U) 1. Appraisal for Physical Damage Loss
cords or other pertinent information.
If you and we disagree on the amount of loss,
(5) Submit to examination, at our ex-
either may demand an appraisal of the loss.
pense, by physicians of our choice,
a In this event, each party will select a compe-
as often as we reasonably require,
tent appraiser. The two appraisers will select
c. If there is a loss to a covered auto or its
Na competent and impartial umpire. The ap-
equipment you must also do the follow-
praisers will state separately the actual cash
LL value and amount of loss. If they fail to agree,
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(1) Promptly notify the police if the
pire. A decision agreed to by any two will be
covered auto or any of its equipment
U binding. Each party will:
is stolen.
CA0001 1-87
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(2) Take all reasonable steps to protect
the covered auto from further dam-
age. Also keep a record of your ex-
penses for consideration in the
settlement of the claim.
(3) Permit us to inspect the covered
auto and records proving the loss
before its repair or disposition.
(4) Agree to examinations under oath
at our request and give us a signed
statement of your answers.
3. Legal Action Against Us
No one may bring a legal action against us
under this Coverage Form until:
a. There has been full compliance with all
the terms of this Coverage Form; and
b. Under Liability Coverage, we agree in
writing that the insured has an obligation
to pay or until the amount of that obli-
gation has finally been determined by
judgment after trial. No one has the right
under this policy to bring us into an ac-
tion to determine the insured's liability.
4. Loss Payment - Physical Damage Coverages
At our option we may:
a. Pay for, repair or replace damaged or
stolen property;
b. Return the stolen property, at our ex-
pense. We will pay for any damage that
results to the auto from the theft; or
c. Take all or any part of the damaged or
stolen property at an agreed or appraised
value.
5. Transfer of Rights of Recovery Against Oth-
ers To Us
If any person or organization to or for whom
we make payment under this Coverage Form
has rights to recover damages from another,
those rights are transferred to us. That person
or organization must do everything necessary
to secure our rights and must do nothing after
accident or loss to impair them.
CA0001 1-87
Contains Copyrighted Material of Insurance Services Office, Inc., 1985
B. General Conditions
1. Bankruptcy
Bankruptcy or insolvency of the insured or
the insured's estate will not relieve us of any
obligations under this Coverage Form.
2. Concealment, Misrepresentation or Fraud
This Coverage Form is void in any case of
fraud by you at any time as it relates to this
Coverage Form. It is also void if you or any
other insured, at any time, intentionally con-
ceal or misrepresent a material fact concern-
ing:
a. This Coverage Form;
b. The covered auto;
C. Your interest in the covered auto; or
d. A claim under this Coverage Form.
3. Liberalization
If we revise this Coverage Form to provide
more coverage without additional premium
charge, your policy will automatically provide
the additional coverage as of the day the re-
vision is effective in your state.
4. No Benefit to Bailee - Physical Damage
Coverages
We will not recognize any assignment or grant
any coverage for the benefit of any person or
organization holding, storing or transporting
property for a fee regardless of any other pro-
vision of this Coverage Form.
5. Other Insurance
a. For any covered auto you own, this
Coverage Form provides primary insur-
ance. For any covered auto you don't
own, the insurance provided by this
Coverage Form is excess over any other
collectible insurance. However, while a
covered auto which is a trailer is con-
nected to another vehicle, the Liability
Coverage this Coverage Form provides
for the trailer is:
(1) Excess while it is connected to a
motor vehicle you do not own.
Page 8 of 10
(2) Primary while it is connected to a
C. Puerto Rico; and
covered auto you own.
d. Canada.
b. Regardless of the provisions of paragraph
a, above, this Coverage Form's Liability
We also cover loss to, or accidents in -
Coverage is primary for any liability as-
volving, a covered auto while being
sumed under an insured contract.
transported between any of these places.
C. When this Coverage Form and any other
S. Two or More Coverage Forms or Policies Is -
Coverage Form or policy covers on the
sued by Us
same basis, either excess or primary, we
If this Coverage Form and any other Cover -
will pay only our share. Our share is the
age Form or policy issued to you by us or any
proportion that the Limit of Insurance
company affiliated with us apply to the same
of our Coverage Form bears to the total
accident, the aggregate maximum Limit of
of the limits of all the Coverage Forms
Insurance under all the Coverage Forms or
and policies covering on the same basis.
policies shall not exceed the highest applicable
6. Premium Audit
Limit of Insurance under any one Coverage
Form or policy. This condition does not
a. The estimated premium for this Cover-
apply to any Coverage Form or policy issued
age Form is based on the exposures you
by us or an affiliated company specifically to
told us you would have when this policy
apply as excess insurance over this Coverage
began. We will compute the final
Form.
premium due when we determine your
actual exposures. The estimated total
Section V -Definitions
LL premium will be credited against the final
A. Accident includes continuous or repeated exposure
premium due and the first Named In-
to the same conditions resulting in bodily injury
osured will be billed for the balance, if any.
or property damage.
o If the estimated total premium exceeds
n the final premium due, the first Named
B. Auto means land motor vehicle, trailer or semi -
C -4 Insured will get a refund.
trailer designed for travel on public roads but does
not include mobile equipment.
b. If this policy is issued for more than one
year, the premium for this Coverage
C. Bodily injury means bodily injury, sickness or dis-
Form will be computed annually based
ease sustained by a person including death result -
on our rates or premiums in effect at the
ing from any of these.
beginning of each year of the policy.
D. Insured means any person or organization quali-
7. Policy Period, Coverage Territory
fying as an insured in the Who Is An Insured
provision of the applicable coverage. Except with
Under this Coverage Form, we cover acei-
respect to the Limit of Insurance, the coverage af-
Z dents and losses occurring:
forded applies separately to each insured who is
seeking coverage or against whom a claim or suit
a. During the policy period shown in the
is brought.
Declarations; and
s
E. Insured contract means:
b. Within the coverage territory.
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1. A lease of premises;
The coverage territory is:
2. A sidetrack agreement;
w a. The United States of America;
3. An easement or license agreement in con -
b. The territories and possessions of the
nection with vehicle or pedestrian private
U United States of America;
railroad crossings at grade;
CA0001 1-87
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Contains Copyrighted Material of Insurance Services Office, Inc., 1985
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Page 9 of 10
4. Any other easement agreement, except in
connection with construction or demolition
operations on or within 50 feet of a railroad;
5. An indemnification of a municipality as re-
quired by ordinance, except in connection
with work for a municipality; or
6. That part of any other contract or agreement
pertaining to your business under which you
assume the tort liability of another to pay
damages because of bodily injury or property
damage to a third person or organization, if
the contract or agreement is made prior to the
bodily injury or property damage. Tort li-
ability means a liability that would be im-
posed by law in the absence of any contract
or agreement.
An insured contract does not include that part of
any contract or agreement:
1. That pertains to the loan, lease or rental of
an auto to you; or
2. That holds a person or organization engaged
in the business of transporting property by
auto for hire harmless for your use of a cov-
ered auto over a route or territory that person
or organization is authorized to serve by
public authority.
F. Loss means direct and accidental loss or damage.
G. Mobile equipment means any of the following
types of land vehicles, including any attached ma-
chinery or equipment:
1. Bulldozers, farm machinery, forklifts and
other vehicles designed for use principally off
public roads;
2. Vehicles maintained for use solely on or next
to premises you own or rent;
3. Vehicles that travel on crawler treads;
4. Vehicles, whether self-propelled or not,
maintained primarily to provide mobility to
permanently mounted:
a. Power cranes, shovels, loaders, diggers
or drills; or
CA0001 1-87
Contains Copyrighted Material of Insurance Services Office, Inc., 1985
b. Road construction or resurfacing equip-
ment such as graders, scrapers or rollers.
5. Vehicles not described in paragraphs 1, 2, 3,
or 4 above that are not self-propelled and are
maintained primarily to provide mobility to
permanently attached equipment of the fol-
lowing types:
a. Air compressors, pumps and generators,
including spraying, welding, building cle-
aning, geophysical exploration, lighting
and well servicing equipment; or
b. Cherry pickers and similar devices used
to raise or lower workers.
6. Vehicles not described in paragraphs 1, 2, 3
or 4 above maintained primarily for purposes
other than the transportation of persons or
cargo. However, self-propelled vehicles with
the following types of permanently attached
equipment are not mobile equipment but will
be considered autos:
a. Equipment designed primarily for:
(1) Snow removal;
(2) Road maintenance, but not con-
struction or resurfacing; or
(3) Street cleaning;
b. Cherry pickers and similar devices
mounted on automobile or truck chassis
and used to raise or lower workers; and
c. Air compressors, pumps and generators,
including spraying, welding, building cle-
aning, geophysical exploration, lighting
or well servicing equipment.
7. Property damage means damage to or loss of
use of tangible property.
8. Suit means a civil proceeding in which dam-
ages because of bodily injury or property
damages to which this insurance applies are
alleged. Suit includes an arbitration proceed-
ing alleging such damages to which you must
submit or submit with our consent.
9. Trailer includes semitrailer.
Page 10 of 10
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Changes in Business Auto and Truckers Coverage Forms - Insured Contract
CA 00 29 12 88
Policy Amendment Commercial Business Auto Coverage Form - Garage Coverage Form
Truckers' Coverage Form
The Definition of insured contract in the DEFI-
NITIONS Section is replaced by the following:
E. Insured contract means:
1. A lease of premises;
2. A sidetrack agreement;
3. An easement or license agreement in con-
nection with vehicle or pedestrian private
railroad crossing at grade;
4. Any other easement agreement, except in
connection with construction or demolition
operations on or within 50 feet of a railroad;
5. An indemnification of a municipality as re-
quired by ordinance, except in connection
with work for a municipality;
6. That part of any contract or agreement en-
tered into, as part of your business, by you
or any of your employees pertaining to the
rental or lease of any auto;
7. That part of any other contract or agreement
pertaining to your business under which you
assume the tort liability of another to pay
damages because of bodily injury or property
damage to a third person or organization, if
the contract or agreement is made prior to the
bodily injury or property damage. Tort li-
ability means liability that would be imposed
by law in the absence of any contract or
agreement.
An insured contract does not include that part of
any contract or agreement:
1. That pertains to the loan, lease or rental of
any auto, to you or any of your employees, if
the auto is loaned, leased or rented with a
driver; or
2. That holds a person or orgatuzation engaged
in the business of transporting property by
auto for hire harmless for your use of a cov-
ered auto over a route or territory that person
or organization is authorized to serve by
public authority.
This Form must be attached to Change Endorsement when issued after the policy is written.
One of the Fireman's Fund Insurance Companies as named in the policy
CA0029 12-88
Copyright, Insurance Services Office, Inc., 1988
Jam\
Explanation of Premium Basis - CA 70 03 01 87
Policy Amendment Commercial Business Auto Coverage Form - Garage Coverage Form
When used as a premium basis:
A. Cost of Hire
Cost of hire means the total amount you incur for
the hire of autos you don't own (not including
autos you borrow or rent from your partners or
employees or their family members). Cost of hire
does not include charges for services performed by
motor carriers of property or passengers.
B. For Public Autos
Gross Receipts means the total amount to which
you are entitled for transporting passengers, mail
or merchandise during the policy period regardless
of whether you or any other carrier originate the
transportation. Gross Receipts does not include:
1. Amounts you pay to railroads, steamship
lines, airlines and other motor carriers oper-
ating under their own ICC or PUC permits.
2. Advertising Revenue.
3. Taxes which you collect as a separate item
and remit directly to a governmental division.
4. C.O.D. collections for cost of mail or mer-
chandise including collection fees.
Mileage means the total live and dead mileage of
all revenue producing units operated during the
policy period.
C. For Rental or Leasing Concerns
Gross receipts means the total amount to which
you are entitled for the leasing or rental of autos
during the policy period and includes taxes except
those taxes which you collect as a separate item
and remit directly to a governmental division.
Mileage means the total of all live and dead mile-
age developed by all the autos you leased or rented
to others during the policy period.
This Form must be attached to Change Endorsement when issued after the policy is written.
One of the Fireman's Fund Insurance Companies as named in the policy
President
CA7003 1-87
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Who is an Insured Amended - CA 70 07 01 87
Policy Amendment Commercial Business Auto Coverage Form
Under SECTION II - LIABILITY COVERAGE, A.
COVERAGE, Item 1. is amended to read:
Who is an Insured
The following are insureds:
a. You for any covered auto.
b. Anyone else while using with your permission
a covered auto you own, hire or borrow ex-
cept:
(1) The owner of a covered auto you hire or
borrow from one of your employees or
a member of his or her household.
(2) Someone using a covered auto while he
or she is working in a business of selling,
servicing, repairing, or parking autos un-
less that business is yours.
(3) Anyone other than your employees,
partners, a lessee or borrower or any of
their employees, while moving property
to or from a covered auto.
(4) A partner of yours for a covered auto
owned by him or her or a member of his
or her household.
Anyone liable for the conduct of an insured
described above but only to the extent of that
liability. However, the owner or anyone else
from whom you hire or borrow a covered
auto is an insured only if that auto is a trailer
connected to a covered auto you own.
This Form must be attached to Change Endorsement when issued after the policy is written.
One of the Fireman's Fund Insurance Companies as named in the policy
CA 7007 1-87
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