your policy - nevadadocs.nv.gov/doi/documents/home_policies/allstateforms/g18542a.pdf · losses we...

Your Policy

DWELLING FIRE

TABLE OF CONTENTS

Page

Definitions 1

Property Coverage Dwelling 2

Real Property 2Insuring Agreement 2Property Not Covered 3Limit of Liability 3Covered Perils 3

Tangible Personal Property 4Insuring Agreement 4Property Special Limits 4Property Not Covered 4Limit of Liability 5Covered Perils 5

Additional Property Coverages 6Additional Living Expense 6Fair Rental Value 7Civil Authority 7Debris Removal 7Cost of Temporary Repairs 8Fire Department Service Charge 8Collapse 8Loss Assessment 8Trees and Shrubs 8Glass or Safety Glazing Material 9Property Removed 9Materials and Supplies 9Builders Risk 9Newly Acquired Principal Residences 9

Losses We Do Not Cover 9

How We Settle Property Claims and What You Must Do 12How We Pay Claims 12Mortgage Clause 12Insurable Interest 12Your Duties After Loss 12Appraisal 13Suit Against Us 13Abandonment of Property 13Who We Pay 13No Benefit to Bailee 13

G-18542-A Ed 09-93

Your Policy

DWELLING FIRE

TABLE OF CONTENTS CONTINUED

Page

Liability Coverage Dwelling 13

Personal Liability 13Insuring Agreement 13Limit of Liability 14

Medical Expense 14Insuring Agreement 14Limit of Liability 14

Additional Liability Coverages 14First Aid Expenses 14Goodwill Payments 14Loss Assessment Coverage 15Other Payments We Make 15

Losses We Do Not Cover 15

How We Settle Liability Claims and What You Must Do 19Your Duties After Loss 19Duties of an Injured Person 19Suit Against Us 20

General Provisions 20Other Insurance 20Subrogation 20Additional Insured 20The Law 20Changes During the Policy Period 20

G-18542-A Ed 09-93

Your Policy

DWELLING FIRE

DEFINITIONS

In this "DWELLING FIRE" Segment, certain wordsand phrases are italicized, which identifies them ashaving specific meaning for this "DWELLING FIRE"Segment The meaning of each italicized word orphrase is provided in the Definitions below

1 Bodily Injury means physical bodily harm,including sickness or disease This includesrequired care, loss of services and deathresulting therefrom Bodily Injury does notinclude any communicable disease, such as:

a Any venereal disease;

b Herpes;

c Acquired Immune Deficiency Syndrome(AIDS);

d AIDS Related Complex (ARC);

e Human Immunodeficiency Virus (HIV);

or any resulting or related symptom, effect,condition, disease or illness

2 Business includes trade, profession oroccupation, farming or ranching or any activityaimed at providing a product or a service withthe anticipation of economic gain from theenterprise The providing of home day careservices in exchange for monetary or othercompensation, such as services to other than arelative of a covered person, is considered abusiness pursuit

3 Covered Person(s) means you and the followingresidents of your household:

a Your family members ;

b Any other person under the age of 21 who isin the care of any person named above;

Under Liability Coverage Dwelling coveredperson also means:

c With respect to animals or watercraft towhich this policy applies, any person ororganization legally responsible for theseanimals or watercraft which are owned by or

in the care of you or any person included in3 a or 3 b above A person or organizationusing or having custody of these animals orwatercraft in the course of any business orwithout the consent of the owner is not acovered person;

d With respect to any motor vehicle to whichthis "DWELLING FIRE" Segment applies:

(1) Persons while engaged in your employ orthat of any person included in 3 a or 3 babove; or

(2) Other persons using the vehicle on aninsured location with your permission

4 Family Member means a person related to youby blood, marriage or adoption who is a residentof your household This includes a ward or fosterchild

For the purposes of this definition, to beconsidered a resident of your household whenevaluating coverage for a loss, a person musthave been actually residing in your household onthe date the loss occurred However, your:

a Son;

b Daughter;

c Ward; or

d Foster child;

In the United States military or away at schoolwill be considered a resident of your householdunless he or she has demonstrated an intent toreside elsewhere permanently

5 Insured Location means:

a Your scheduled location;

b The part of any other premises, otherstructures and grounds used by you as aresidence that is shown in the CoverageSummary, or acquired by you during thepolicy period for your use as a residence;provided you ask us to insure it within 30days after you become the owner andcoverage is agreed to by us

Includes copyrighted material of Insurance Services Office, Inc , with its permissionCopyright, Insurance Services Office, Inc , 1993

G-18542-A Ed 09-93 Page 1 of 20

Your Policy

c Any premises used by you in connection withthe premises included in 5 a or 5 b above;

d Any part of a premises not owned by you orany covered person but where you or anycovered person are temporarily residing;

e Vacant land owned by or rented to you orany covered person other than farm land;

f Land owned by or rented to a coveredperson on which a one to four family

dwelling is being built as a residence for acovered person;

g Individual family cemetery plots or burialvaults of you or any covered person ; or

h Any part of a premises occasionally rented toyou or any covered person for other thanbusiness purposes

6 Medical Expenses means reasonable chargesfor medical, surgical, x-ray, dental, ambulance,hospital, professional nursing, prosthetic devicesand funeral services

7 Occupying means in, upon, or getting in, out,on or off

8 Occurrence means an event, or a series ofrelated events resulting from continuous orrepeated exposure to the same generalconditions, that causes bodily injury orproperty damage during the policy period

9 Property Damage means physical injury to ordestruction of real property or tangible personalproperty including loss of use of the property

10 Residence Employee means your employee oran employee of any covered person in yourhousehold who performs duties in connectionwith the maintenance or use of your residencepremises, including household or domesticservices, or who performs duties elsewhere of asimilar nature not in connection with anycovered person’s business

11 Residence Premises means a dwelling or thatpart of any other building in which you reside andwhich is shown as a dwelling in the CoverageSummary

12 Scheduled Location means a premises ownedby you that is:

a Rented to others; or

b Occupied by you;

which is:

a Shown in the Coverage Summary; or

b Acquired by you during the policy term; and

(1) You ask us to insure it within 30 days;and

(2) Coverage is agreed to by us

13 Theft refers to property which has been stolen,attempted theft and the loss of property from aknown location when it is likely that the propertyhas been stolen

14 Total Loss means that the cost to replace thecovered real property is equal to or less than thecost of repairs plus the cost of any AdditionalLiving Expense, Fair Rental Value, BuildingOrdinance Increased Costs (when purchased)and Debris Removal

PROPERTY COVERAGE DWELLING

REAL PROPERTY INSURING AGREEMENT

1 Dwelling Owners We cover:

a The dwelling on your scheduled location;

b Other structures on your scheduledlocation

2 Condominium and Cooperative Owners Wecover:

a The alterations, appliances, fixtures andimprovements which are part of the buildingcontained within your scheduled location;

b Items of real property which pertainexclusively to your scheduled location;

c Real property which is your insuranceresponsibility under a corporation orassociation of property owners agreement orstate law;

d Structures owned solely by you, other thanyour scheduled location, at the location ofyour scheduled location

The limit of liability for 2 a , 2 b and 2 c isshown on the Coverage Summary as "Building


G-18542-A Ed 09-93 Page 2 of 20

Your Policy

Additions and Alterations" and will be at least10% of the property limit shown in the CoverageSummary for Tangible Personal Property

REAL PROPERTY PROPERTY NOT COVERED

We do not cover:

1 Other structures on your scheduled location:

a Used in whole or in part for business; or

b Rented or held for rental to any person not atenant of your scheduled location unlessused solely as a private garage

2 Land

REAL PROPERTY LIMIT OF LIABILITY

Covered losses are settled on a replacement costbasis (without deduction for depreciation) subject tothe following:

1 Payment will not exceed the smallest of:

a The amount that we could reasonably beexpected to pay to have the propertyrepaired to its condition immediately prior toloss;

b The actual cost to replace the real propertyor any parts of it; or

c The aggregate property limit shown in theCoverage Summary for the dwelling

2 If you have:

a Maintained coverage on the real property at100% of its full replacement cost by payingrenewal premium to reflect the then currentreplacement cost The current replacementcost of the real property will be based on theresidential construction cost index providedto us by a major appraisal company; and

b Notified us within 90 days of the start of anyalterations to the real property whichincrease the replacement cost of the realproperty by 5% or more;

Then, if at the time of loss the dwelling valueindicated in the Coverage Summary is less thanthe current replacement cost, we will:

a Increase the dwelling value to equal thesmallest of:

(1) The current replacement cost; or

(2) 120% of the dwelling value shown on theCoverage Summary;

b Also increase the aggregate property limit bythe same percentage applied to the dwellingvalue; and

c Adjust the policy premium from the time ofloss for the remainder of the policy termbased on the increased limit of liability

"Current replacement cost" does not include anyadditional costs necessary to comply with anyordinance or law that regulates the construction,repair or demolition of the property

3 We will pay no more than the actual cash valueof the damage until actual repair or replacementis complete Once actual repair or replacementis complete, we will settle the loss according tothe replacement cost provisions above

However, if the cost to repair or replace thedamage is both:

a Less than 5% of the amount of insuranceshown in the Coverage Summary; and

b Less than $3,000;

we will settle the loss according to thereplacement cost provisions above, whether ornot actual repair or replacement is complete

4 If the replacement premises is not at the samelocation, covered losses will be settled on anactual cash value basis (with deduction fordepreciation)

5 You may disregard the replacement cost losssettlement provisions and make claim under thispolicy for loss or damage on an actual cashvalue basis You may then make claim withinone year after loss for any additional liability on areplacement cost basis

REAL PROPERTY COVERED PERILS

We cover direct physical loss to property describedin Real Property Insuring Agreement, unless theloss is not covered under Property CoverageLosses We Do Not Cover


G-18542-A Ed 09-93 Page 3 of 20

Your Policy

TANGIBLE PERSONAL PROPERTY INSURINGAGREEMENT

We cover tangible personal property owned or usedby any covered person while it is on thescheduled location

At your request, we cover tangible personal propertyowned by a guest or a residence employee whilethe property is on the scheduled location

TANGIBLE PERSONAL PROPERTY PROPERTYSPECIAL LIMITS

To keep your premium as low as possible, we havelimited the amount we will pay for certain categoriesof tangible personal property We do not providecoverage under these provisions for articlesseparately described and/or specifically insuredelsewhere in this policy

The limit shown for each numbered category is themost we will pay for that category per loss If wecould pay for the same item under more than onecategory, we will pay under only the highestapplicable category

Category

1 $ 200 On money, bank notes, bullion, gold(except goldware), silver (except silverware),platinum, coins and medals

2 $1,000 On securities, accounts, deeds,evidences of debt, letters of credit, notes otherthan bank notes, manuscripts, stamps, personalrecords, passports and tickets This dollar limitapplies to these categories regardless of themedium (such as paper or computer software)on which the material exists

This limit includes the cost to research, replaceor restore the lost or damaged material

3 $2,500 On property at your residencepremises used in business, but if the businessproperty is away from your residence premisesthe most we will pay is $1,250

4 $2,000 For loss by theft of firearms

5 $1,000 For loss to trading cards, subject to amaximum amount of $250 per card

6 $2,500 For loss by theft of silverware, silver-plated ware, goldware, gold-plated ware andpewterware

7 $2,500 For loss by:

a Theft of jewelry, watches, precious andsemi-precious stones, furs, garmentstrimmed with fur or consisting primarily of fur;or

b Misplacing or losing of jewelry, watches,precious and semi-precious stones

8 $1,000 For loss to watercraft including theirtrailers, furnishings, equipment and outboardmotors

9 $1,000 For loss to trailers not used withwatercraft

TANGIBLE PERSONAL PROPERTY PROPERTYNOT COVERED

We do not cover:

1 Animals, birds or fish

2 Motor vehicles or any other motorized landconveyances This includes:

a Their equipment and accessories; or

b Electronic apparatus that is designed to beoperated solely by use of the power from theelectrical system of a motor vehicle or anyother motorized land conveyance Electronicapparatus includes:

(1) Accessories or antennas; or

(2) Tapes, wires, records, discs or othermedia;

for use with any electronic apparatus

The exclusion of property described in 2 a and2 b above applies only while the property is in orupon the vehicle or conveyance

We do cover vehicles or conveyances notsubject to motor vehicle registration which are:

a Used to service a covered person’sresidence; or

b Designed for assisting the handicapped

3 Aircraft and parts Aircraft means anycontrivance used or designed for flight, exceptmodel or hobby aircraft not used or designed tocarry people or cargo


G-18542-A Ed 09-93 Page 4 of 20

Your Policy

4 Property described in the Special Limits ofLiability when it is at a scheduled location thatis rented to others

5 Property of roomers, boarders or other tenants,except property of roomers and boarders relatedto a covered person

6 Business data stored in:

a Books of account, drawings, other paperrecords; or

b Electronic data processing tapes, wires,records, discs or other software media

We do cover the cost of blank or unexposedrecords and media, and of pre-recordedcomputer programs available on the retailmarket

7 Credit cards or fund transfer cards

8 Property on a premises regularly rented or heldfor rental to others by a covered person

TANGIBLE PERSONAL PROPERTY LIMIT OFLIABILITY

1 Covered losses will be settled on an actual cashvalue basis (with deduction for depreciation) butnot exceeding the cost to repair or replace up tothe property limit shown in the CoverageSummary

At our option, we may repair or we may replacewith a new item of similar or like kind and quality

2 Loss To A Pair Or Set In case of loss to a pairor set we will:

a Repair or replace any part to restore the pairor set to its value before the loss; or

b Pay the difference between the actual cashvalue of the property before and after theloss

3 The limit of liability for covered tangible personalproperty located on a scheduled location isshown on the Coverage Summary and will be atleast 10% of the Dwelling limit in the CoverageSummary

4 The limit of liability for tangible personal propertyusually located at a covered person’s residenceor premises is 10% of the Tangible Personal

Property limit shown on the Coverage Summary,provided such residence or premises is:

a Not shown on the Coverage Summary; or

b Shown on the Coverage Summary forLiability Coverage only

Payment under this provision does not entitle thecovered person to Additional PropertyCoverages

5 If we make payment for a loss which is alsocovered under another Segment of this policythere will be no coverge under this Segment

TANGIBLE PERSONAL PROPERTY COVEREDPERILS

We cover direct physical loss to property describedin Tangible Personal Property InsuringAgreement caused by a Peril listed below unless theloss is excluded under Property Coverage LossesWe Do Not Cover

1 Fire or lightning

2 Windstorm or hail This peril includes loss toproperty contained in a building if caused by rain,snow, sleet, sand or dust, but only if the directforce of wind or hail first damages the buildingcausing an opening through which the rain,snow, sleet, sand or dust enters

This peril includes loss to watercraft coveredunder this "DWELLING" Segment and theirtrailers, furnishings, equipment, and outboardmotors, only while inside a fully enclosedbuilding This limitation does not apply to rowboats and canoes on the scheduled location

3 Explosion

4 Riot or civil commotion

5 Aircraft, including self-propelled missiles andspacecraft

6 Vehicles

7 Smoke, meaning sudden and accidental damagefrom smoke

This peril does not include smoke fromagricultural smudging or industrial operations

8 Vandalism or malicious mischief


G-18542-A Ed 09-93 Page 5 of 20

Your Policy

9 Theft, but not including theft committed by acovered person

This peril does not include loss caused by theftthat occurs off of a scheduled location of:

a Property of a student who is a coveredperson while at a residence away fromhome if the student has not been there atany time during the 45 days immediatelybefore the loss;

b Watercraft covered under this "DWELLINGFIRE" Segment including their trailers,furnishings, equipment and outboard motors;or

c Trailers and campers covered under this"DWELLING FIRE" Segment

10 Falling objects This peril does not include lossto property contained in a building unless thebuilding is first damaged by the falling objectDamage to the falling object itself is not included

11 Weight of ice, snow or sleet which causesdamage to property contained in a building

12 Water or steam suddenly and accidentallydischarged or overflowing from within yourplumbing, heating, air conditioning or automaticfire protective sprinkler system or from within ahousehold appliance

This peril does not include loss:

a To the system or appliance from which thewater or steam escaped;

b Caused by or resulting from freezing exceptas provided in the peril of freezing below; or

c On your scheduled location caused byaccidental discharge or overflow whichoccurs off your scheduled location

In this peril, a plumbing system does not includea sump, sump pump or related equipment

13 Cracking, burning, rupture or bulging of yourair conditioner, steam or hot water heatingsystem, or automatic fire protective sprinklersystem, or an appliance for heating waterDamage to the system or appliance must besudden and accidental We will not coverdamage caused by freezing except as indicatedbelow

14 Freezing of plumbing, heating, air conditioning orautomatic fire protective sprinkler system or of ahousehold appliance, but only if you have usedreasonable care to keep your scheduledlocation heated or have shut off and drained thewater from all plumbing and appliances if it isunoccupied

15 Sudden and accidental damage caused byartificially generated electricity But damageto a tube, transistor, integrated circuit or similarelectronic component is not covered

16 Volcanic eruption other than loss caused byearthquake, land shock waves or tremors Oneor more volcanic eruptions within a 72-hourperiod will be considered as one volcaniceruption

For property normally kept at your residencepremises , while at a location other than a premisewhich you own or rent, the following perils are added:

1 Flood (concerning only rising of water);

2 Earthquake;

3 Landslide;

4 Mudslide;

5 Collision or overturn of the conveyance in whichcovered tangible personal property is carried

ADDITIONAL PROPERTY COVERAGES

Unless noted otherwise, the following coverages arein addition to the aggregate property limit in theCoverage Summary

1 Additional Living Expense

a If a loss covered under PropertyCoverage Dwelling makes yourresidence premises uninhabitable, wecover necessary increases in living expensesincurred by you so your household canmaintain its normal standard of livingPayment is for:

(1) The shortest time required to repair orreplace the damaged portion of thepremises; or

(2) If you permanently relocate, the shortesttime required for your household to settleelsewhere:


G-18542-A Ed 09-93 Page 6 of 20

Your Policy

But in no case for more than a year

This period of time is not limited by expirationof this policy We do not cover loss orexpense due to cancellation of a lease oragreement

b If your residence premises is uninhabitableas a result of public utility plants,transformers, switching stations orsubstations furnishing heat, light, power orgas to your residence premises beingdamaged or destroyed by a TangiblePersonal Property Covered Peril, wecover necessary increases in living expensesincurred by you so your household canmaintain its normal standard of livingPayment is for a period of time not to exceedseven days Coverage does not begin untilyour residence premises has beenuninhabitable for 48 consecutive hours

Property Coverage Losses We Do NotCover, exclusion 1 g does not apply to thiscoverage

2 Fair Rental Value

If a loss covered under Property CoverageDwelling makes that part of your scheduledlocation rented to others or held for rentaluninhabitable, we cover its fair rental value, lessany expenses that do not continue Themaximum limit for this coverage is as follows:

a For other than Condominiums:

(1) 20% of the dwelling replacement valueshown in the Coverage Summary; or

(2) If shown on the Coverage Summary,"Increased Fair Rental Value";

b For Condominiums;

(1) The Tangible Personal Property amountshown in the Coverage Summary; or

(2) If shown in the Coverage Summary,"Increased Fair Rental Value"

Payment is for the shortest time required torepair or replace the damaged portion of therented premises This period of time is notlimited by expiration of this policy We do notcover loss or expense due to cancellation of alease or agreement

3 Civil Authority

a If a civil authority prohibits you from use ofyour residence premises as a result ofdirect damage to neighboring premises bywhat would be a covered loss under thispolicy, we cover the Additional LivingExpense or Fair Rental Value loss asprovided under 1 and 2 above for no morethan two weeks

The period of time under this provision is notlimited by the expiration of this policy Lossor expense due to cancellation of a lease oragreement is not covered

b If a civil authority prohibits you from use ofyour residence premises , we cover theAdditional Living Expense as providedunder 1 above for no more than seven daysCoverage does not begin until the residencepremises has been uninhabitable for 48consecutive hours

Property Coverage Losses We Do NotCover, exclusion 1 g does not apply to thiscoverage

4 Debris Removal

We will pay your reasonable expense for theremoval of:

a Debris of covered property for coveredlosses; or

b Ash, dust or particles from a volcaniceruption that has caused direct loss to acovered building or covered propertycontained in the building

This expense is included in the limit of liabilitythat applies to the damaged property If theamount to be paid for the actual damage to theproperty plus the debris removal expense ismore than the limit of liability for the damagedproperty, an additional 4% of that limit of liabilityis available for debris removal expense

We will also pay your reasonable expense, up to$500, for the removal from your residencepremises of:

a Your tree(s) felled by the peril of Windstormor Hail;


G-18542-A Ed 09-93 Page 7 of 20

Your Policy

b Your tree(s) felled by the peril of Weight ofIce, Snow or Sleet; or

c A neighbor’s tree(s) felled by a TangiblePersonal Property Covered Peril;

provided the tree(s) damaged a coveredstructure The $500 limit is the most we will payin any one loss regardless of the number offallen trees

5 Cost Of Temporary Repairs

If a covered loss damages your scheduledlocation, we will pay on your behalf thereasonable cost for temporary repairs made toprotect covered property from further damageThis coverage does not increase the limit ofliability applicable to the covered property

6 Fire Department Service Charge

We pay up to $1,000 for your liability assumedby contract or agreement for fire departmentcharges incurred when the fire department iscalled to save or protect covered property from acovered loss The deductible does not apply

7 Collapse

We cover direct loss to your covered realproperty and tangible personal property involvingcollapse of a building or any part of a building,but only if the collapse was caused by:

a Hidden decay of the structure;

b Hidden insect or vermin damage;

c Weight of contents, equipment, animals orpeople;

d Weight of rain which collects on a roof;

e Use of defective material or methods inconstruction, remodeling or renovation if thecollapse occurs during the course of theconstruction, remodeling or renovation; or

f A Tangible Personal Property CoveredPeril These perils apply to real property andtangible personal property for this additionalcoverage

Unless the loss is a direct result of the collapseof a covered building, the causes of loss a , b ,c , d and e listed above do not apply to anawning, fence, patio, pavement, swimming pool,

underground pipe, flue, drain, cesspool, septictank, foundation, retaining wall, bulkhead, pier,wharf or dock

Collapse does not include settling, cracking,shrinking, bulging or expansion

This coverage does not increase the limit ofliability applying to the damaged coveredproperty

8 Loss Assessment

We will pay up to:

a $1,000; or

b If shown in the Coverage Summary,"Increased Loss Assessment" up to theaggregate amount shown in the CoverageSummary;

for your share of any loss assessment chargedduring the policy period against you by acorporation or association of real propertyowners This is the most we will pay with respectto any one loss, regardless of the number ofassessments

This coverage applies only when the assessmentis made as a result of direct loss:

a To the property, owned by all memberscollectively; and

b Caused by a covered loss other thanearthquake or land shock waves or tremorsbefore, during or after a volcanic eruption,unless modified by endorsement

We will pay no more than $1,000 of yourassessment per unit that results from adeductible in the insurance purchased by theassociation of real property owners

This coverage applies only to loss assessmentscharged against you as owner or tenant of thescheduled location

We do not cover loss assessments chargedagainst you or a corporation or association ofproperty owners by any governmental body

9 Trees and Shrubs

We will pay up to $2,500 for loss to your lawn,trees, plants or shrubs, on your scheduledlocation, for loss caused by:


G-18542-A Ed 09-93 Page 8 of 20

Your Policy

a Fire or lightning;

b Explosion;

c Riot or civil commotion;

d Aircraft;

e Vehicles not owned or operated by a residentof your scheduled location;

f Vandalism or malicious mischief; or

g Theft

No more than $500 of this limit will be availablefor any one tree, shrub or plant

Property grown for sale or business purposes isnot covered

10 Glass Or Safety Glazing Material

We cover on your scheduled location:

a The breakage of glass or safety glazingmaterial which is part of a covered building,storm door or storm window; and

b Damage to covered property by glass orsafety glazing material which is part of abuilding, storm door or storm window

This coverage does not include loss on yourscheduled location if the dwelling has beenvacant for more than 30 consecutive daysimmediately before the loss A dwelling beingconstructed is not considered vacant

Loss for damage to glass will be settled on thebasis of replacement with safety glazingmaterials when required by ordinance or law

This coverage does not increase the limit ofliability that applies to the damaged property

11 Property Removed

We insure covered tangible personal propertyagainst direct loss from any cause while beingremoved from a premises endangered by aTangible Personal Property Covered Periland for no more than 30 days while removedThis coverage does not change the limit ofliability that applies to the property beingremoved

12 Materials And Supplies

We insure materials and supplies located on or

next to your residence premises used toconstruct, alter or repair the dwelling or otherstructures on your residence premisesprovided loss is caused by a Real PropertyCovered Peril and is not excluded underProperty Coverage Losses We Do NotCover

13 Builders Risk

We insure theft in or to a dwelling underconstruction, or of materials and supplies for usein the construction on an insured location

The limit of liability stated in the CoverageSummary is provisional The actual amount ofinsurance on any date while the policy is in forcewill be a percentage of the provisional amountThe percentage will be the proportion that theactual value of the property bears to the value atthe date of completion

14 Newly Acquired Principal Residences

Tangible Personal Property in a newly acquiredprincipal residence is not subject to the 10%limitation described in the Tangible PersonalProperty Limit of Liability for the 30 daysfrom the time you begin to move the propertythere

LOSSES WE DO NOT COVER

We do not insure for loss caused directly or indirectlyby any of the following Such loss is excludedregardless of any other cause or event contributingconcurrently or in any sequence to the loss

1 Real Property and Tangible PersonalProperty We do not insure for loss:

a Caused by water damage, meaning:

(1) Flood, surface water, waves, tidal water,overflow of a body of water, or sprayfrom any of these, whether or not drivenby wind;

(2) Water which backs up through sewers ordrains;

(3) Water below the surface of the ground,including water which exerts pressure on,or seeps or leaks through a building,sidewalk, driveway, foundation,swimming pool or other structure; or


G-18542-A Ed 09-93 Page 9 of 20

Your Policy

e (4) Water emanating from a sump pump,sump pump well or similar devicedesigned to prevent overflow, seepage orleakage of subsurface water

Direct loss by fire, explosion or theftresulting from water damage is covered

b Caused by earth movement, meaning:earthquake, including land shock waves ortremors before, during or after a volcaniceruption; landslide; mudflow; minesubsidence; earth subsidence; sinkhole; orearth sinking, rising or shifting; unless directloss by:

(1) Fire;

(2) Explosion; or

(3) Breakage of glass or safety glazingmaterial which is part of a building, stormdoor or storm window;

ensues, and then we will pay only for theensuing loss

This exclusion does not apply to loss bytheft

c Or damage due to neglect, meaning neglectof a covered person to use all reasonablemeans to save and preserve property at andafter the time of a loss

d Involving intentional or criminal acts of or atthe direction of one or more coveredpersons, if the loss that occurs:

(1) May reasonably be expected to resultfrom such acts; or

(2) Is the intended result of such acts

This exclusion applies regardless of whetheror not the covered person is actuallycharged with, or convicted of a crime

Or damage caused directly or indirectly by:

(1) War, including undeclared war, civil war,insurrection, rebellion, revolution;

(2) Warlike act by a military force or militarypersonnel; or

(3) Destruction or seizure or use for amilitary purpose;

including any consequence of any of theseDischarge of a nuclear weapon will bedeemed a warlike act even if accidental

f Or damage arising out of a nuclear hazardmeaning:

(1) Any nuclear reaction;

(2) Radiation; or

(3) Radioactive contamination;

all whether controlled or uncontrolled orhowever caused, or any consequence of anyof these

Loss caused by the nuclear hazard shall notbe considered loss caused by fire, explosionor smoke However, direct loss by fireresulting from the nuclear hazard is covered

g Or damage arising from power failuremeaning the failure of power or utility serviceif the failure takes place off your scheduledlocation But if a covered loss ensues onyour scheduled location, we will pay onlyfor that ensuing loss

2 Real Property We do not insure for loss:

a Involving collapse, other than as provided inAdditional Property Coverage, 7Collapse

b Caused by freezing, thawing, pressure orweight of water or ice, whether driven bywind or not, to a fence, pavement, patio,swimming pool, hot tub, foundation, retainingwall, bulkhead, pier, wharf, dock or piling

c To Condominiums or Cooperatives causedby continuous or repeated seepage orleakage of water or steam over a period oftime from within a plumbing, heating or airconditioning system, automatic fire protectivesprinkler system or from within a householdappliance

d Caused by the following:

(1) Wear and tear, aging, marring, scratchingor deterioration;

(2) Inherent vice, latent defect, electrical ormechanical breakdown or failure;


G-18542-A Ed 09-93 Page 10 of 20

Your Policy

(3) Rust or other corrosion, mold, fungi, wetor dry rot;

(4) Smog, smoke from agricultural smudgingor industrial operations;

(5) Settling, shrinking, bulging, or expansionincluding resultant cracking, ofpavements, patios, foundations, walls,floors, roofs or ceilings;

(6) Birds, vermin, insects, rodents or animalskept or owned by a covered person;

(7) Discharge, dispersal, seepage, migration,release or escape of pollutants unlessthe discharge, dispersal, seepage,migration, release or escape is itselfcaused by a Tangible PersonalProperty Covered Peril

Pollutants means any solid, liquid,gaseous or thermal irritant orcontaminant, including smoke, vapor,soot, fumes, acids, alkalis, chemicals andwaste whether man-made or naturalWaste includes materials to be recycled,reconditioned or reclaimed

If any of these cause water not otherwiseexcluded to escape from a plumbing,heating, air conditioning or automatic fireprotective sprinkler system or householdappliance, we cover loss caused by thewater We also cover the cost of tearing outand replacing any part of a buildingnecessary to repair the system or applianceWe do not cover loss to the system orappliance from which this water escaped

Under exclusions 2 a , 2 b , 2 c and 2 d ,any ensuing loss from a covered peril tocovered property not excluded or excepted inthis policy is covered

e Caused by freezing of a plumbing, heating,air conditioning, automatic fire protectivesprinkler system, a household appliance, orby discharge, leakage or overflow from withinthe system or appliance caused by freezing,while the real property is vacant, unoccupiedor being constructed unless you have usedreasonable care to:

(1) Maintain heat in the building; or

(2) Shut off the water supply and drain thesystem and appliances of water

f Due to increased expenses you incur fromany ordinance or law regulating theconstruction, repair or demolition to thedamaged area of your covered real propertythat results from a covered loss, unless yourCoverage Summary indicates "BuildingOrdinance Increased Costs" applies

g To covered real property caused by any ofthe following However, any ensuing loss notexcluded or excepted in this policy iscovered

(1) Weather conditions However, thisexclusion applies only if weatherconditions contribute in any way with acause or event otherwise excluded toproduce the loss

(2) Acts or decisions, including the failure toact or decide, of any person, group,organization or governmental body

(3) Faulty, inadequate or defective:

(a) Planning, zoning, development,surveying, sitting;

(b) Design, specifications, workmanship,repair, construction, renovation,remodeling, grading, compaction;

(c) Materials used in repair,construction, renovation orremodeling; or

(d) Maintenance;

of part or all of any property whether onor off your scheduled location

h To property owned by a corporation orassociation of property owners of which thecovered person is a shareholder ormember This exclusion does not apply tolosses covered under Additional PropertyCoverage, 8 Loss Assessment

i Of the first $5,000 of damages due tovandalism or malicious mischief if thedwelling has been vacant for more than 30consecutive days immediately before theloss A dwelling being constructed is notconsidered vacant


G-18542-A Ed 09-93 Page 11 of 20

Your Policy

HOW WE SETTLE PROPERTY CLAIMS ANDWHAT YOU MUST DO

1 How We Pay Claims

We may pay for loss in money or repair orreplace the damaged or stolen property Wemay at our expense, return any stolen propertyto you

If we return stolen property we will pay for anydamage resulting from theft We may keep all orpart of the property at an agreed upon orappraised value

2 Mortgage Clause

The word "mortgagee" includes trustee Amortgagee is applicable only to real property Ifa mortgagee is named in this policy, any losspayable shall be paid to the mortgagee and you,as interests appear If more than one mortgageeis named, the order of payment shall be thesame as the order of precedence of themortgages

If we deny your claim, that denial shall not applyto a valid claim of the mortgagee, if themortgagee:

a Notifies us of any change in ownership oroccupancy, or any substantial change in riskof which the mortgagee is aware;

b Pays on demand any premium due, if youhave neglected to pay the premium; and

c Submits a signed, sworn statement of losswithin 60 days after receiving notice from usof your failure to do so Policy conditionsrelating to Appraisal, Who We Pay and SuitAgainst Us apply to the mortgagee

If the policy is canceled or nonrenewed by us,the mortgagee shall be notified at least ten daysbefore the date cancellation takes effect

If we pay the mortgagee for any loss and denypayment to you:

a We are subrogated to all the rights of themortgagee granted under the mortgage onthe property; or

b At our option, we may pay to the mortgageethe whole principal on the mortgage plus any

accrued interest at the time of loss In thisevent, we shall receive a full assignment andtransfer of the mortgage and all securitiesheld as collateral to the mortgage debt

Subrogation shall not impair the right of themortgagee to recover the full amount of themortgagee’s claim

3 Insurable Interest

We are not liable for covered property to anextent greater than:

a Your insurable interest in the property; or

b The applicable limit of liability

4 Your Duties After Loss

You agree to see that the following things aredone after a loss We have no duty to providecoverage under this policy unless there has beenfull compliance with these duties:

a Give prompt notice to us or our agent

b Notify the police in case of loss by theft

c Protect the property from further damage Ifrepairs to the property are required, youmust:

(1) Make reasonable and necessary repairsto protect the property; and

(2) Keep an accurate record of repairexpenses

d Prepare an inventory of damaged personalproperty showing the quantity, description,actual cash value and amount of lossAttach all bills, receipts and relateddocuments that justify the figures in theinventory

e As often as we reasonably require:

(1) Show the damaged property before itsrepair or disposal, except as provided in4 c , above;

(2) Provide us with records and documentswe request and permit us to makecopies; and

(3) Submit to examination under oath, whilenot in the presence of any other


G-18542-A Ed 09-93 Page 12 of 20

Your Policy

covered person and sign the same

f Allow us to take samples of damaged andundamaged property for inspection, testingand analysis

g Send to us, within 60 days after our request,your signed, sworn proof of loss which setsforth, to the best of your knowledge andbelief:

(1) The time and cause of loss

(2) The interest of the covered person andall others in the property involved and allliens on the property

(3) Other insurance which may cover theloss

(4) Changes in title or occupancy of theproperty during the term of the policy

(5) Specifications of damaged property anddetailed repair estimates

(6) The inventory of damaged personalproperty described in 4 d , above

(7) Receipts for Additional Living Expensesincurred and records that support theFair Rental Value loss

h Cooperate with us in the investigation orsettlement of the claim

5 Appraisal

If we and you do not agree on the amount ofloss, either may demand an appraisal of the lossIn this event each party will select a competentappraiser within 20 days after receiving a writtenrequest from the other The two appraisers willselect an umpire If they cannot agree upon anumpire within 15 days, you or we may requestthat the choice be made by a judge of a court ofrecord in the state where your scheduledlocation is located The appraisers will stateseparately the amount of loss If they fail toagree, they will submit their differences to theumpire A decision agreed to by any two will bebinding Each party will:

a Pay its own appraiser; and

b Bear the other expenses of the appraisal andumpire equally

We do not waive any of our rights under thispolicy by agreeing to an appraisal

6 Suit Against Us

No action can be brought unless the policyprovisions have been complied with and theaction is started:

a Within one year after the date of loss; but

b Not until 30 days after the proof of loss hasbeen filed and the amount of loss has beendetermined

However, the one year period is extended by thenumber of days between the date the proof ofloss is submitted and the date the claim isdenied in whole or in part

7 Abandonment Of Property

We need not accept any property abandoned bya covered person

8 Who We Pay

We pay you unless another party is named in thepolicy or is legally entitled to receive payment

9 No Benefit To Bailee

There is no coverage for anyone holding, storingor transporting property for a fee regardless ofany other provision of this policy

This insurance shall not directly or indirectlybenefit any carrier or other bailee for hire

LIABILITY COVERAGE DWELLING

PERSONAL LIABILITY INSURING AGREEMENT

If a claim or suit is brought against you or anycovered person for the following:

1 Bodily Injury; or

2 Property Damage;

caused by an occurrence to which this coverageapplies, we will:

1 Pay on your behalf claims for which you or anycovered person are legally liable, including pre-judgment interest awarded against you or anycovered person, up to our limit of liability;


G-18542-A Ed 09-93 Page 13 of 20

Your Policy

except as excluded by the provisions listed in theLiability Coverage Losses We Do NotCover; and

2 Provide defense costs for the counsel of ourchoice, even if the suit is groundless, false orfraudulent We may investigate and settle anyclaim or suit that we decide is appropriate Ourduty to settle or defend ends when the amountwe pay for damages resulting from anoccurrence equals our limit of liability

PERSONAL LIABILITY LIMIT OF LIABILITY

Our total liability under Personal Liability Dwellingfor all damages resulting from any one occurrencewill not be more than the limit shown on theCoverage Summary This limit is the sameregardless of the number of:

1 Covered persons;

2 Claims or suits made;

3 Persons who sustain injury or damage; or

4 Acts or failure(s) to act

MEDICAL EXPENSE INSURING AGREEMENT

We will pay medical expenses that are incurred ormedically ascertained within three years from thedate of the occurrence causing bodily injury Thiscoverage applies:

1 To anyone on an insured location with thepermission of a covered person; or

2 To anyone off an insured location, if the bodilyinjury:

a Arises out of a condition on the insuredlocation or the ways immediately adjoining;

b Is caused by the activities of you or anycovered person;

c Is caused by a residence employee in thecourse of the residence employee’semployment by a covered person; or

d Is caused by an animal owned by or in thecare of a covered person

No covered person for whom medical expensesare payable under this coverage shall recover morethan once for the same medical expense under thisor other insurance

MEDICAL EXPENSE LIMIT OF LIABILITY

Our total liability under Medical Expense Dwellingfor all medical expense payable for bodily injury toone person as the result of one accident will not bemore than the limit shown in the Coverage SummaryThis limit applies to each person injured

ADDITIONAL LIABILITY COVERAGES

The following coverages are in addition to the limit ofliability described in the Coverage Summary, unlessnoted otherwise:

1 First Aid Expenses

We will pay expenses for first aid to othersincurred by any covered person for bodilyinjury covered under this policy We will not payfor first aid to you or any other covered person

2 Goodwill Payments

At your request we will pay up to $750 peroccurrence for property damage to property ofothers caused by you or any family member ,including intentional acts of a family memberunder the age of 13 This coverage does notapply to property damage :

a To the extent of any amount recoverableunder any other section of this policy;

b To property:

(1) Owned by a covered person ;

(2) Owned by or rented to a tenant of acovered person; or

(3) Owned by or rented to a resident in yourhousehold; or

c Arising out of:

(1) Business pursuits;

(2) Any act or omission in connection with apremises owned, rented or controlled bya covered person, other than aresidence premises ; or

(3) The ownership, maintenance or use ofany aircraft, watercraft, motor vehicle orany other motorized land conveyance

This exclusion does not apply to amotorized land conveyance designed for


G-18542-A Ed 09-93 Page 14 of 20

Your Policy

recreational use off public roads, notsubject to motor vehicle registration andnot owned by a covered person

3 Loss Assessment Coverage

We agree to pay, up to:

a $1,000; or

b If shown in the Coverage Summary"Increased Loss Assessment" up to theaggregate amount shown in the CoverageSummary;

for your share of loss assessment chargedduring the policy period against you by acorporation or association of property ownerswhen the assessment is made as a result of:

a An occurrence to which the PersonalLiability Dwelling would apply;

b Liability for an act of a director, officer ortrustee in the capacity as a director, officeror trustee, provided:

(1) The director, officer or trustee is electedby the members of a corporation orassociation of real property owners; and

(2) The director, officer or trustee serveswithout deriving any income from theexercise of duties which are solely onbehalf of a corporation or association ofreal property owners

Regardless of the number of assessments, thisis the most we will pay for loss arising out of:

a One occurrence ; or

b A covered act of a director, officer or trusteeAn act involving more than one director,officer or trustee is considered to be a singleact

This coverage does not increase our limit ofliability

We will not pay more than $1,000, of yourassessment per unit that results from adeductible in the insurance purchased by theassociation of real property owners

This coverage applies only to loss assessmentscharged against you as owner or tenant of your

scheduled location

We do not cover loss assessments chargedagainst you or a corporation or association ofproperty owners by any governmental body

4 Other Payments We Make

In addition to the limit of liability shown in theCoverage Summary, we pay on your behalf:

a The expenses described below for a claim orsuit we are obligated to defend:

(1) Defense costs incurred at our discretion;

(2) Premiums on appeal bonds and bonds torelease attachments in any suit wedefend; we have no obligation to secureor provide bonds;

(3) Up to $50 a day for loss of earnings, butnot other income, because of attendanceat hearings or trials at our request;

(4) Other reasonable expenses (other thanloss of earnings) incurred at our request;

(5) Expenses incurred by us and costs taxedagainst any covered person in any suitwe defend

b Interest accruing after a judgment is enteredand before the loss is paid in any suit wedefend Our duty to pay interest ends whenwe offer to pay that part of the judgmentwhich does not exceed our limit of liability forthis coverage

We are not obligated to defend suits broughtagainst a covered person in any country wherewe are prevented from defending because oflaws or other reasons However, we will pay anyexpense incurred with our written consent for thecovered person’s defense

Our obligation to pay the above costs ends whenour limit of liability has been exhausted

LOSSES WE DO NOT COVER

1 Personal Liability and Medical Expensecoverages do not apply to bodily injury orproperty damage:

a Arising out of the rendering or failure torender a professional service of any natureeven if covered by any other policy


G-18542-A Ed 09-93 Page 15 of 20

Your Policy

b Arising out of any property excluded fromcoverage by endorsements attached to thispolicy

c Arising out of the ownership, maintenance,occupancy, renting, loaning, use, entrusting,loading or unloading of any motor vehicles,other than:

(1) A motorized golf cart when being used toplay golf on a golf course, or for travelbetween the insured location and itscommunity golf course for golfingpurposes only

(2) A motorized land conveyance designedfor recreational use off public roads, notsubject to motor vehicle registration and;

(a) Not owned by a covered person; or

(b) Owned by a covered person andbeing used on an insured locationat the time of the accident

(3) A vehicle or conveyance not subject tomotor vehicle registration which is:

(a) Being used to service a coveredperson’s residence at the time ofthe accident;

(b) Designed for assisting thehandicapped; or

(c) In dead storage on an insuredlocation;

(4) Bodily injury to a residence employeearising out of and in the course of theresidence employees employment by acovered person

d Arising out of the ownership, maintenance,use, occupancy, renting, loaning, entrusting,loading, or unloading of any watercraft, otherthan:

(1) Sailing vessels, with or without auxiliarypower, less than 26 feet in length thatare owned or rented by a coveredperson;

(2) Watercraft powered by one or moreoutboard motors with less than 26 totalhorsepower;

(3) Watercraft powered by inboard orinboard-outboard motor power of 50horsepower or less, which are owned orrented to a covered person;

(4) Any watercraft, which is not:

(a) A sailing vessel; and

(b) Motor powered;

that is owned or rented by a coveredperson;

(5) Watercraft that you or any familymember do not own as long as they arenot furnished or available for the regularuse of any covered person;

(6) Watercraft that are stored

but in no instance will coverage be providedfor any watercraft:

(1) Designated as an airboat, air cushion orsimilar type of watercraft; or

(2) Owned by a covered person which is apersonal watercraft, meaning a craftpropelled by water jet pump engine anddesigned to be operated by a person orpersons sitting, standing or kneeling onthe craft

This exclusion does not apply to bodilyinjury to a residence employee arising outof and in the course of the residenceemployee’s employment by a coveredperson

e Which arises out of the transmission of acommunicable disease by any coveredperson

f Arising out of a premises:

(1) Owned by a covered person ;

(2) Rented to a covered person; or

(3) Rented to others by a covered person;

that is not an insured location Thisexclusion does not apply to bodily injury toa residence employee arising out of and inthe course of the residence employee’semployment by a covered person


G-18542-A Ed 09-93 Page 16 of 20

Your Policy

g Arising out of the rental or holding for rentalof any part of any premises by a coveredperson

This exclusion (g ) does not apply:

(1) To the rental or holding for rental of aninsured location:

(a) On an occasional basis if used onlyas a residence;

(b) In part, unless intended for use as aresidence by more than two roomersor boarders; or

(c) In part, as an office, school, studio orprivate garage

(2) When the scheduled location is a twoor more family dwelling and you occupyone part and rent or hold for rental theother part

(3) To the rental or holding for rental of adwelling of four families or fewer, orcondominium or cooperative units thatare indicated on the Coverage Summaryand owned by you

h Intended by, or which may reasonably beexpected to result from the intentional orcriminal acts or omissions of one or morecovered persons This exclusion applieseven if:

(1) Such covered person lacks the mentalcapacity to govern his or her conduct;

(2) Such bodily injury or property damageis of a different kind or degree than thatintended or reasonably expected; or

(3) Such bodily injury or property damageis sustained by a different person thanintended or reasonably expected

This exclusion applies regardless of whetheror not such covered person is actuallycharged with or convicted of a crime

i Arising out of:

(1) The entrustment by a covered personto any person; or

(2) Vicarious liability, whether or not

statutorily imposed, for the actions of achild or minor;

of any watercraft, motor vehicle or trailerwhich is not covered under LiabilityCoverage Dwelling

j Arising out of business pursuits of you orany covered person This exclusion doesnot apply to:

(1) Activities which are used to non-business pursuits; or

(2) Part-time business pursuits of anycovered person who is under 18 yearsof age

k Arising out of your or any covered person’saction or failure to act as a director, officer ortrustee of an organization, unless:

(1) In a capacity as a director, officer ortrustee you or the covered person:

(a) Serve without deriving any income,and

(b) The organization is charitable,religious or civic non-profit andchartered as such

(2) The organization is a corporation orassociation of real property owners, andin a capacity as director, officer ortrustee, you or any covered personincurs liability and:

(a) Is elected by the members of thecorporation or association of realproperty owners; and

(b) Serves without deriving any incomefrom the exercise of duties which aresolely on the behalf of a corporationor association of real propertyowners

l Arising out of:

(1) The ownership, maintenance, use,occupancy, renting, loaning, entrusting,loading or unloading of an aircraft;

(2) The entrustment by a covered personof an aircraft to any person; or


G-18542-A Ed 09-93 Page 17 of 20

Your Policy

(3) Vicarious parental liability, whetherstatutorily imposed or not, for the actionsof a child or minor using an aircraft

An aircraft means any contrivance used ordesigned for flight, except model or hobbyaircraft not used or designed to carry peopleor cargo

This exclusion does not apply to bodilyinjury to a residence employee arising outof and in the course of the residenceemployee’s employment by a coveredperson

m Caused directly or indirectly by war,including:

(1) Undeclared war, civil war, insurrection,rebellion, revolution;

(2) Warlike act by a military force or militarypersonnel; or

(3) Destruction or seizure or use for amilitary purpose;

and including any consequence of any ofthese Discharge of a nuclear weapon will bedeemed a warlike act even if accidental

n Arising out of the use, sale, manufacture,delivery, transfer, or possession by anyperson of a Controlled Substance(s) asdefined by the Food and Drug Law at 21U S C A Sections 811 and 812 ControlledSubstances include but are not limited tococaine, LSD, marijuana and all narcoticdrugs However, this exclusion does notapply to the legitimate use of prescriptiondrugs by a person following the orders of alicensed physician

2 Personal Liability does not apply to:

a Liability for your share of any lossassessment charged against all members ofan association, corporation or community ofproperty owners, except as provided underAdditional Liability Coverages, 4 LossAssessment Coverage

b Property damage to property owned by acovered person

c Property damage to property rented to,

occupied or used by or in the care of anycovered person

This exclusion does not apply to propertydamage caused by fire, smoke or explosion

d Bodily injury or property damage for whicha covered person under this policy:

(1) Is also an insured under a nuclearenergy liability policy; or

(2) Would be an insured under that policybut for the exhaustion of its limit ofliability

A nuclear energy liability policy is one issuedby:

(1) American Nuclear Insurers;

(2) Mutual Atomic Energy LiabilityUnderwriters;

(3) Nuclear Insurance Association ofCanada;

or any of their successors

e Liability under any contract or agreementHowever this exclusion (e ) does not apply towritten contracts:

(1) That relate to the maintenance,ownership or use of an insuredlocation; or

(2) Where the liability of others is assumedby a covered person prior to anoccurrence ;

unless excluded in 2 a above or elsewherein this "DWELLING FIRE" Segment

f Liability from any nuclear reaction, radiationor radioactive contamination, all whethercontrolled or uncontrolled or howevercaused, or any consequence of any of these

g Bodily injury to any person eligible toreceive any benefits:

(1) Voluntarily provided; or

(2) Required to be provided;

by the covered person under any:

(1) Workers compensation law;


G-18542-A Ed 09-93 Page 18 of 20

Your Policy

(2) Non-occupational disability law; or

(3) Occupational disease law

h Bodily injury to you or any family memberThis exclusion also applies to any claim orsuit brought against any covered person;

(1) To repay; or

(2) Share damages with;

another person who may be obligated to paydamages because of bodily injury to acovered person

3 Medical Expense coverage does not apply tobodily injury:

a To a residence employee which:

(1) Occurs off the insured location, and

(2) Does not arise out of or in the course ofthe residence employee’s employmentby any covered person

b To any person eligible to receive benefits:

(1) Voluntarily provided; or

(2) Required to be provided;

under any:

(1) Workers’ Compensation law;

(2) Non-occupational disability law; or

(3) Occupational disease law

c From any nuclear reaction, radiation, orradioactive contamination, all whethercontrolled or uncontrolled or howevercaused, or any consequence of any of these

d To any person, other than a residenceemployee of a covered person, regularlyresiding on any part of the insured location

HOW WE SETTLE LIABILITY CLAIMS AND WHATYOU MUST DO

1 Your Duties After Loss

After an occurrence , you and any othercovered person under this policy must makesure that all of the following are done We haveno duty to provide coverage under this policyunless there has been full compliance with theseduties:

a Give us or our agent as soon as possible:

(1) All information you know on the time,place and circumstances of theoccurrence , and in the case of a crimealso tell the police; and

(2) Identity of claimants, witnesses andcovered persons

b Forward to us all written material you receiveregarding the occurrence

c At our request, assist us in:

(1) Making settlement

(2) Conducting suits and attending hearingsor trials

(3) Securing and giving evidence

(4) Enforcing any right of contribution orindemnity against any person ororganization who may be liable to acovered person

(5) If the loss is under the coverageGoodwill Payments, within 60 daysafter the loss:

(a) Submitting to us a sworn statementof loss; and

(b) If in a covered person’s control,showing the damaged property

d You or any other covered person shall not,except at your own cost, voluntarily makeany payment, assume any obligation or incurany expense This does not apply to first aidto others

2 Duties Of An Injured Person

The injured person shall:

a Give us written proof of claim;

b Authorize us to obtain medical informationand other pertinent records;

c As often as we reasonably require submit tophysical examination by a physician of ourchoice;

d Not construe payment of medical claims asan admission of liability by a coveredperson or us


G-18542-A Ed 09-93 Page 19 of 20

Your Policy

3 Suit Against Us

No action can be brought against us unless therehas been compliance with the policy provisions

No action can be brought against us until theobligation of the covered person has beendetermined by final judgment or agreementsigned by us

No person or organization has any right underthis policy to bring us into any action todetermine the liability of a covered person

GENERAL PROVISIONS DWELLING

1 The "GENERAL PROVISIONS" is amended asfollows:

OTHER INSURANCE The following exceptionis added:

Exception:

a For Condominium and Cooperative ownersIf, at the time of loss, there is otherinsurance in the name of a corporation orassociation of property owners covering thesame property covered by this policy, thisinsurance will be excess over the amountrecoverable under such other insurance

b Any insurance we provide with respect to awatercraft that you or any family member donot own shall be excess over other valid andcollectible insurance

c This insurance will be excess over anyamounts recoverable under coveragerequired to be provided by any workers’compensation, disability benefits or similarlaw

2 The following provisions are added to the"GENERAL PROVISIONS" :

a SUBROGATION

A covered person may waive in writingbefore a loss all rights of recovery againstany person

If not waived, we may require an assignmentof rights of recovery for a loss to the extentthat payment is made by us

If an assignment is sought, a coveredperson must sign and deliver all relatedpapers and cooperate with us

b ADDITIONAL INSURED

The definition of "you" and "your" includesthe person or organization named in theCoverage Summary as an Additional Insuredfor the "DWELLING FIRE" Segment, withrespect to:

(1) Property Coverage Real Property;

(2) Liability Coverage Personal Liability;and

(3) Liability Coverage Medical Expense;

but only with respect to the premisesassociated with that "Additional Insured" inthe Coverage Summary

This coverage extension does not apply tobodily injury to an employee arising out ofor in the course of the employee’semployment by the person or organization

c THE LAW

If anything in this policy conflicts with state orlocal laws, we agree to honor any claim orsuit in conformity with the law

d CHANGES DURING THE POLICY PERIOD

If there is a change to the information usedto develop the premium for this policy, wemay adjust your premium Changes duringthe policy term may result in a premiumincrease or decrease

If a change requires a premium adjustment,we will make the premium adjustment inaccordance with our manual rules


G-18542-A Ed 09-93 Page 20 of 20

your policy - nevadadocs.nv.gov/doi/documents/home_policies/allstateforms/g18542a.pdf · losses we...

Documents