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Home My WebLink About97-03025 ~ t) ~ ~ :i '? ~; ~ j :," , , "i ~ ~ ~ o ("_ ~ c, ~d' ~ ~. q Q.. ~ ':>~~ ,"- \~K< :.:~~}L~ .~-;c..;z. ./".'\ >~~~i !.S{~ .,'>~.. " "< r-- <C ....Q ~ ( ~ - '::-1 ':':i~ ~. -~. {...( . ,-,~~ d;~ .?~~ ""~}l -'-":i~ ,::~ '._~~ "~'''-ij '~-~,11~ . -:-;,::-,'J ;-'-'-,"" :"i~ .J ..j~ " '- ::.:..5}1\~ . ....,,, : :':~;\' : '-~i~iI~ '. "";i,~ .'~;'!;~ '~ . "'i!i ;~ ...'~~ f~ --'>"(., :;~-.~.~~ "!fl .;:,~ ,,'i!Jl ,r", . - -~'~"i,( - ;.:_~~~i: ~ .. - . . .::1 - .'.', 'i :,'\ :_~~~ ,~ ',,:" -:., '.1' ~ 4'l l.::) ~ &:' '"S; .-./~. ~_i~~ '~ <\~ ..It _ :;i:.:~ . >~~ "'~ . ~.. -"- 1;" l\J t'::' ..._ 1,,;', (.I- II ' ~ I .'~ - c.:'i , , 0; Lt" t., I 'h " ~~ ~ (, '\ { \, \ ~~ ~"J '. ..... ...;.,: '. Z;:'t I' I, l.; ~ t~. " , .-:,. ,.... G' . :J .~ ..,j ') IV) '" 1,:'1 ~ ~~ /I') '''1) '~ " ~~ "'.0: OH ~! - >- '" ~ en ~ c..cn ~ ~ ::> ~ffi .0: :z:: Ul ~ ~ o ~ !if ~ ! ~~ 'g'i:l ILl > w... J:? ..., !~ ,., I!' - ~ H f1l:c olI~Ul~1 <li ~~ > H 88 -,fJ '" ...~~~ <liE' u 0 II~~ u. a: u. :l E't::. zc E-t z~~~ t::.~ !~ Hill H 't:l ~ ".,fii :c.S W~ ~ ~ cn,..8~ c::l", ~~ I . ~21 r- ~~Ic.. > - ell d - H asEi . ~~!ii ~ ~ . .' , ~ Cl b. Ir. Z 0 .. :~~< l.u~ - 1_...,. Oc; .- 1_):" If.i!= ;Z :;>. ,?;;! ~G 0 :~rn ~: N . /.: u, .c:;~ ". IllUJ CCj1 ::;. f.ilQ. -, ,- .'0: ~ r- :::l 0'\ U >- COI r: 0" ",' ,.... ,- uJ<:) - ':"1 ~', ( "1-: " ,'\ . "" :~". ll.... ..~:. " , ~.) '.~'! C;i;: L':l (.0 ',.. I i -.: ~ UI' ..J c.- ~'~:;\i 0:\' \'-: I" ".f- '" > \I. r- :; (.) C- ~ averred to be in the possession of the defendant. 3. On or about June ll, 1996, while said policy of insurance was in full force and effect, Plaintiffs suffered direct physical loss to the insured premises and to the personal property therein. 4. Notice of this covered loss was given to Defendant in a prompt and timely manner and Plaintiffs have done and otherwise performed all things required under the policy. 5. Defendant, despite demand for benefits under its policy of insurance, has failed and refused to pay to Plaintiffs those benefits due and owing under said policy of insurance. 6. Defendant, Nationwide Insurance Company, has breached its contractual obligations to pay benefits to Plaintiffs for a loss covered under Defendant's policy of insurance. 7. Solely as a result of Defendant's failure and refusal to pay benefits to Plaintiffs as required under the aforesaid policy of insurance, Plaintiffs have suffered loss and damage to their property, forcing them to incur the expense to repair and replace the damaged property. WHEREFORE, Plaintiffs demand judgment against Defendant for compensatory damages, costs of suit, and such other relief as the Court may deem equitable and just. SECOND COUNT B. Plaintiffs repeat and reallege each and every t:'''l W.llt ..."....I......"I'l."'UU"AlH 1 allegation of the First Count as if stated herein at length. 9. The above named breach of contract is a result of Defendant, Nationwide Insurance Company's, reckless disregard for the rights of the Plaintiffs and breach of its duty of good faith and fair dealing to the Plaintiff in processing their homeowner claim. 10. As a result of Defendant's bad faith misconduct, Plaintiffs have incurred losses and expenses, including but not limited to any and all expenses incurred by the Plaintiffs as a result of filing this litigation, including attorney's fees. WHEREFORE, Plaintiffs demand judgment against Defendant for punitive damages plus all damages stemming from Defendant's negligence; for cost and interest of suit; for attorney's fees; and for such other relief as the Court may deem equitable and just. THIRD COUNT 11. Plaintiffs repeat and reallege each and every allegation of the First and Second Counts as if set forth herein at length. 12. When the Plaintiffs were purchasing an insurance policy for their home, they decided on the policy that was offered to them from Defendant, Nationwide Insurance Company. As part of their agreement, Plaintiffs provided them with all necessary and pertinent information requested by Defendant. t: ''&1..vc.:Lll.HlWil.u.aI4lIl.N'IIt.l'SAIN , 13. When Plaintiffs purchased their homeowners insurance, they relied upon Defendant's representation that they would be insured for various losses, including but not limited to the specific losses that were suffered on June 11, 1996. 14. As a result of their reliance upon Defendant's representation, Plaintiffs have suffered a loss in which Plaintiffs allegedly do not have homeowner's insurance to cover the June ll, 1996 1055, and therefore, will be required to expend sums of money for these damages. 15. Defendant failed to inform Plaintiffs that there was a possibility that insurance coverage for their loss would be denied prior to June 11, 1996. WHEREFORE, Plaintiffs, George Stambaugh and Shirley Stambaugh D/B/A Stambaugh Farms, demand judgment against Defendant, Nationwide Insurance Company, for: (a) Relief from the out of pocket expense Plaintiffs have had to pay as a result of their reliance of Defendant's representation; (b) Costs and interest of the suit; l.:,V.'l-V4.U.NT"...I......"""'~I......AlNl . t, faith conduct, demands punitive damages against Defendant Nationwide. 12. Under Pennsylvania law, punitive damages may only be sought where there is "outrageous" conduct by the Defendant. Kirkbride v. Lisbon Contractors. Inc., 521 Pa. 103, 555 A.2d 800 (1989) . 13. A pleading which seeks punitive damages must aver specific facts indicating that the Defendant acted outrageously and that such conduct evidenced reckless indifference to the Plaintiffs. Field v. Philadelohia Electric Co., 388 Pa.Super. 400, 565 A.2d 1170 (1989). 14. Plaintiffs' Complaint fails to aver any facts to support a claim for punitive damages. WHEREFORE, Nationwide respectively requests this Honorable Court to dismiss Count II of Plaintiffs' Complaint or, in the alternative, strike Plaintiffs' demand for punitive damages, with prejudice. MOTION TO FILE MORE SPECIFIC PLEADING COUNT III 15. Count II of Plaintiffs' Complaint avers that Nationwide acted in bad faith. 16. Count II of Plaintiffs' Complaint fails to set forth -3- , I. any facts to support such a legal conclusion as required pursuant to Pa.R.C.P. 1019. International Union v. Watkins, 417 Pa. 120, 207 A.2d 776 (1965); Foster v. Peat Marwick Main and Co., 587 A.2d 382 (Cmwlth.Ct. 1991). WHEREFORE, Nationwide respectfully requests this Honorable Court to order Plaintiff to file a more specific pleading or, in the alternative, dismiss Count II of Plaintiffs' Complaint with prejudice. COUNT IV 17. Count III of Plaintiffs' Complaint apparently avers a cause of action for fraudulent misrepresentation. 18. If Count III of Plaintiffs' Complaint avers some other cause of action, Nationwide is unable to comprehend the nature of that action and is therefore unable to respond appropriately. 19. Pursuant to Pa.R.C.P. 1019(b), averments of fraud must be made with specificity as to how a defendant has acted fraudulently. Muhammad v. Strassburqer, 526 Pa. 541, 587 A.2d 1346 (1991); Mordv v. Reichlev, 7 D. & C. 2d 80 (C.P. Adams 1956). 20. Count III of Plaintiffs' Complaint fails to allege any material facts "with particularity" as required pursuant to Pa.R.C.P. 1019(b). -4- \- ~'t J- 3)~-~,- (jhfS-') ~4k'- O<&I.(-;.I:e f!et/ev f)/ I'J//J FARM rhl c.u FP 00 10 0994 FARM PROPERTY COVERAGE FORM Various provisions In this policy restrict coverage. Read the entire policy carsrully to determine rights, duties and what Is and Is not covered. Throughout this policy the words "you" and "your" rerer 10 the' Named Insured shown In the Declarations. The words "we", "us" and "our" rerer 10 the Company providing this Insurance. , Other words and phrases that appear In quolatlon marks have special meaning. Rerer to SECTION H, . DEFI- NITIONS. ' A. COVERAGE We will pay ror direct physical loss or or damage to Covered Property at the "Insured location" described In the Declarations, or elsewhere as exp, essly provided below, caused by or resulting lrom any Covered Cause or Loss. COVERAGE A " DWELLINGS 1. Covered Property The rollowlng are Covered Property under Coverage A or this Coverage Form: ' a. Each "dwelling" owned by, you and ror which a Limit or Insurance Is shown In the Declarations. The "dwelling" may be lo- cated on or away lrom the "Insured lo- cation"; , .' ' b, Structures attached 'to, covered "dwellings", except structures atlached only by a renee, utility line or similar con- nection; c, Materials on the "Insured location" In- tended lor use in building, allering or re- pairing the covered "dwellings" or their : attached structures; d. II noT otherwise covered in this policy, building and outdoor equipment used principally ror the service or the covered '"dwelling", its grounds or slructures appurtenant to it, including equipment temporarily away rrom the premises. 2. Property Not Covered . Under Coverage A, Covered Property does not include: a. Land (including land on which the "dwell- Ing" is located): b. Water: or c. Trees, shrubs, plants or lawns, except to the extent permitted by Coverage exten- sion b. FP 00 10 09 94 Copyright. Insuran I 3, Special Limit or Insurance Under Coverage A Outdoor radio and TV antennas and satellite dishes altached to coverell.~dwellings" are subject to a Special Limit or Ihsurance or $250 In anyone occurrence. This Special Limit is part or, not In addition to, the Coverage A Limit or Insurance. This Special Limit 01 Insurance applies In ex- cess 01 any appllc~~,le Deductible. Ir a higher Limit or Insurance Is specified In the Declarations. the higher limit will apply. 4. Covered Causes or Loss . See Section B. Covered Causes or Loss. 5. Addilfonal Coverage~ ,: See ,separate tlst or Addillonal Coverages under Section D. . 6. Coverage Extensions See list. rollowlng CoverageC. or COVERAGE EXTENSIONS TO COV~RA9,ES A, BAND C. 7. Coverage A Conditions ::. '. Coverage A Is sub/ectto the rollowlng Loss Condillon as well as to the Farm Property Conditions and 'the' Common Policy Condi- tions. .. .... Loss Condition - Valuation a. Property (1) The basis ror loss settlement will be delermined by Ihe ratio or the Cover- age A Limit or Insurance to lhe rull re- placernenl cosl or the destroyed or damaged Covered Property, When de- termining the rull replacement cost. the values or the following will be disre- garded: (a) E.~cavalions: (b) Foundations; and EXHIBIT "A" Page 1 01 33 D 985, 1993 ... ". . = " " . \; :.) , '. ....: (el Piers and other supports below the undersurface or the lowest base- ment noor. ,or, where there Is no basement, those below the surface or the ground Inside the roundatlon walls; also IJnderground nues, , pipes, wiring and drains. (2) Ir the Limit or Insurance on the dam- aged structuro Is at least 80% or Us rull replacement cost as orthe time ortoss, we will settlo the loss based on the smallest or the rollowlng amounts: (a) The cost to replace the damaged part or the structure with equivalent construction ror use on the same premises. .. (b) The amount' actually and necessar- Ily spent to repair or replace the structure. " (c) The applicable Limit or Insurance. (3) rr the Limit or Insurance on the dam- aged structure Is less than 80% or Its rull replacement cost as or the time or loss, we wlll settle on the basis or (a) or (b) below, whichel!er is iarger: (a) The actual..cash,;value. as or time or loss, or lhe damaged part or the structure." .',. " . "..,. : (b) A'proportlon or the cost to repair or replace the damaged part or the structure, without deducllon ror de- preciation. This proportion will equal ,the ratio or the applicable Limit 'or Insurance to 80% or the cost or repair or replacement. However. we will not pay more than , 'lhe applicable Limit or Insurance, re- o gardless or whether (a) or (b) above . applies. 'p .. ... ,... '. .. .' . (4) Ir your loss qualines ror payment on a replacement cost basis, but the cost or repair or replacemenlls more than ei- ther $1,000 or 5% or the applicable Limit or Insurance, the only basis on which we will settle pending com. pletlon or repairs or replacement Is actual cash value, as or time or loss, or the damaged part orthe structure. In case or such a loss you can make an Initial claim ror payment on the actual cash value basis, and later make' a supplementary claim ror replacement cost payment. rr you elect to exercise this option. you must notify us or your Intention within 180 day~or the occur- rence or the loss., b, Glass Replacement" ., We will settle on the basis or the cost to replace damaged glass with sarety glazing material, Ir required by law. COVERAGE B _ OTHER PRIVATE STRUCTURES APPURTENANT TO DWELLINGS 1. Covered Property a. Structures Used Solely as Private Garages You may apply. as an additional amount or insurance, up to 10% or the Limit or In- . surance shown in the Declarations ror COVERAGE A - DWELliNGS to unattached structures used solely as'prlvate garages, Including 'outdoor radio and TV antennas and satellite dishes attached to such ga- rages. ' , .. b,' private Structures " . All or the rollowing are Covere'Ci Property under Coverage B 01 this C\l~erage Form, provided a Limit or Insurance Is shown in the Declaratio~s:. . Private struciures you own (including prl- , vate garages rorwhich the coverage pro- , vlded under 1.a. Is inadequate). that are ': ,appurtenant to a covered "dwelling" and: '(1) Separated rrom it by clear space: or (2) Attached to it. only by a rence. utillly line or similar connection, ".f' . . I , i , i ~.. . 2. Property Not Covered Under Coverage B, Covered Property does not Include: . a. Land (Including land on which the other structures are located): b. Water; c, Slructures (olher than private garages) that you rent or hold ror renlalto any per- son who Is nol a tenant or the covered "dwelling" you occupy: or d. Structures (other lhan private garages) " that you use principally ror rarmlng pur- poses. 3. Special Limit or Insurance Under Coverage B outdoor radio and TV antennas and towers and satellite dishes are subject to a Special Limit or Insurance or $250 In anyone occur- rence. This Special Limit Is part or, not In addition to. the Coverage 8 Limit or Insur- ance. This Special Limit or Insurance applies In ex- cess or any applicable Deductible. II a higher Limit or Insurance Is specified In the Declarations, the higher limit will apply. "4. Covered Causes or Loss , See Section B. Covered 'Causes or Loss. , s. 'Addlllonal Coverages .. ' See separate list or Additional Coverages under Section D. ' .. ; .. . 6. Coverage Extensions , ,See tlst. following Coverage C. or COVERAGE , EXTENSIONS TO COVERAGES A, 8 AND C. 7: ,Coverage B Condlllons ,', ,'COVerage S is subject 10 the Valuation Loss Condition shown in paragraph 7. under Cov- erage A. Ills also subject to lhe Farm Prop- . erty Conditions and' the Common Policy 'Conditions..': ., COVERAGE C " HOUSEHOLD PERSONAL PROP. ERTY . . 10"_ 1. Covered Property All 01 the following are Covered Property un. der Coverage C or this Coverage Form. pro- vided a Limit of Insurance is shown in the Declarations: . Household personal property meaning: a. Household personal property owned or used by you or members or your ramlly who reside with you, while such property Is on the "Insured location"; and b, At your request. household personal property or olhers while the property Is: (1) In a part or the "dwelling" you occupy; or (2) On the groundS appurtenant to that "dwelling" Ir you own It. 2. Property Not Covered Under Coverage C, Covered Property does nollnclude: , , a. Articles separately described and speclr- ically covered under this or any other In- surance; b. Aircraft and alrcran parts; c. Trees, shrubs, plants and lawns that you own as a tenanl, exceptio the extent pro- vided ror In paragraph b, or the COVER- AGE EXTENSIONS TO COVERAGES A, 8 ANDC; d. Animals, birds or fish; e. "Business properly" excepl to, the extent provided ror In paragraphs r. and g. under Section 3. Special Limits or l!1surance Un- der Coverage C; . .' . r. Magnetic nicordlng or storage media ror electronic data processing. such as cell, disc. drum, film and tape, over or above their replacement value: :'. (1) As prepackaged sonware programs; or ' : (2) In unexposed or blank rorm; . whichever Is greater. g. Any de;,lce or Instrument ror the transmit- ting. recording. receiving or reproducing or sound or pictures that Is operated by power [rom the electrical system or motor vehicles or motorized land conveyances or any kind. Including while in or on lhe vehicle: (1) Accessories and antennas: and '(2) Tapes. wires. records. discs or other media: ror 'use with any such device or instru- ment, Sui Covered Property Includes items spe. clfically scheduled In lhe Declarations, COpYrlghl. Insurance Services Office. Inc. 1985. 1993 Page 3 or 33 ." t, .' ;. h, "Farm personal property", other than or- fice fixtures, rurniture and office equip. ment; . I. Any motor vehicle or motorized land conveyance, or Its equipment or accesso- ries. But Covered Property Includes vehi- cles not licensed ror road use that are: (1) Used only ror servicing an "Insured's" "dwelling", Its grounds or structures .. appurtenant to It; or (2) Designed and' used ror ,assisting the handicapped. 3. Special Limits or Insurance Under Coverage C Certain categories of household personal " . . property are sUbject'to Special Limits or In- . ' 'surance. These Special Limits are part or, not In addillon to, the applicable limit or Insur- ance shown In the Declarations, and apply In excess or any applicable deductible. The Special Limit shown with any category listed below Is the most we will pay'ror loss or or damage to all property In that calegory In any one occurrence: a. $200 on gold other than, goldware, "money", platinum and sliver other than silverware; " 'b: $1,500 on lelters or credit, manuscripts, passports and "securities"; , c. $1,500 ,on watercraft., Including their equipment, rurnlshlngs, outbo!lrd engines , , or motors,'and trailers; d: $1,500 on irailers not used with watercraft nor ror rarmlng operations; e. $t.OOO on gravemarkers; r. $2.500 on "business property. on the "In- sured location"; g. $250 on "business property. ocr the "In- sured location"; and ., h. In the event or loss by lheft: (1) $1,500 on rurs. 'jewelry. precious and semiprecious slones. and watches: (2) $2.500 on goldware. goldplated ware. silverware. silverplaled ware and pewlerware; this property includes platedware, nalware. hollowware. tea sets. trays, trophies and the like; also other utilitarian items made or or con- taining silver. gold or pewter: and (3) $2,500 on firearms, t :: .. ,0 4. Covered Causes or Loss See Section B, Covered C!luses or Loss. 5, AddlUonal Coverages See .eparate list or Additional Coverages under Section 0, &, Coverage Extensions See list, rollowlng Coverage C, or COVERAGE EXTENSIONS TO COVERAGES A, BAND C. 7, Coverage C Conditions Coverage C Is subject to the rollowlng Loss Condition as well as to the Farm Property Conditions and the Common Policy Condi- tions. Loss Condition" Valuation . In the event or loss of or damage to covered househoid personal property, we will settle at actual cash value as or time or loss. but we will not pay more than the amount neces- sary ror repair or replacement. COVERAGE EXTENSIONS TO COVERAGES A, BAND C a, Extension or Coverages A, !! and C The 'words "you" and "your", throughout this Coverage Form, Include your spouse Ir a resident or the same household. b. Extension or Coverages A and B or C . Trees, Shrubs, Plants and Lawns . Trees. 'shrubs. pl~n'ts and lawns located within 250 reel or a covered "dwelling" are Covered Property but only Ir loss 'or dam- age is caused by or results rrom any orthe rollowing Covered Causes .or Loss: fire or lightning. explosion, riot, civil commotion. aircraft, vehicles not owned or operated by a resident or the covered "dwelling", vandalism. or theft. ':' For. all damaged or destroyed trees, shrubs, plants or lawns located within 250 reet or a covered "dwelling", the most we will pay under this'Extension Is: (1) 5% or the Coverage A Limit or Insur- ance shown in lhe Declarations ror the "dwelling"; or (2) 10% or lhe Coverage C Limit of Insur- ance shown in the Declarations ir you are a tenant. Page 4 or 33 Copyright. Insurance Services Qrnce. Inc,. 1985, 1993 FP 00 10 09 94 0 . .' . However, we will not pay more than $500 ror anyone damaged or destroyed tree, shrull, plant or lawn. . ' This extension Is addlllonallnsurance. We will not pay ror loss of or damage to trees, shrubs, plants or ,lawns grown for business or rarmlng purposes. c. extensions or Coverage C Applicable . Whether You Are Owner or Tenant . Each or the rollowing ExtensIons Is part or, not In addition to, the applicable Limit or . Insurance. (1) Household Personal Property or "In- sureds" Away rrom the "Insured Lo, cation" Covered Property Is extended 10 mean household personal property anywhere In the world, provIded It Is owned or used by you or members or your ramily who reside wllh you on the "Insured location". But "Insured's" household personal property at any "Insured's" residence away from the "Insured location" shown In the Declarations Is subject to a Special Limit or Insurance equal to: (a) 10% or the Limit or Insurance shown In, the Declarations ,ror . Household Personal Property; or (b) $1,000: ,whichever Is greater. However, Jr a higher limit or insurance is shown In the Declarations. the higher limit ap- ',-piles. The only such properly not per- manentiy subject to the Special Limil -Is household, personal property at 2 , ,..newly -acquired principal residence. For a period or 30 days irnmedialely ."' alter you begin moving II to the newly,: , ,."'acqulred principal residence; lhis '. '_ properly will be subject to the Llmll'or ----lnsurancEr!iliOWrlln iiie--6eC1arations for Household Personal Property, That Limll will apply on a pro rala' basis during the 30-day period to personal properly at bolh locations, (2) Rerrlgerated Products. Not "Farm Per, sonal PropertvO (a) We will pay up to $500 ror loss of or damage to contents or a rreezer or refrigerated unit. In the "dwell- Ing" you occupy or a structure appurtenant to It, caused by a change In temperature due to: (I) Interruption or electrical service to rerrlgeratlon equipmenl, caused by damage to generat- Ing or transmission equipment: or '(II) Mechanical or electrical break- down or a refrigeration system. (b) Under this Coverage Extension we will not pay for loss or or damage to: (I) "Farm personal properly"; or (II) Property not owned by you. (c) This Coverage extension will not apply unless you maintain the re- ,frigeralion equipment In proper working order, (d) No deductible applies to this Re- rrigerated Products Extension or Coverage. d. Extension or Coverage C Applicable Only II You Are a Tenant Building Additions an,i' Alterations (1) Coverage Your insurance under COVERAGE C - HOUSEHOLD PERSONAL PROPERTY Inciudes building additions. alterations, nxtures, improvements or installations made or acquired at your expense to that part or the "dwelllng" used exclu- sively by you. The Limit or Insurance ror this Coverage Extension Is 10% or the Limit or Insurance that applies to Household Personal Property. But II a higher Limit or Insurance is shown In the Declarations. the higher Limit ap- plies. This Extension is additional insurance. (2) Loss Settlement Ir the repair or replacement is done at the expense or the .insured. wllhin 12 months after the loss. we will settle the loss on the basis or actual cash value as or lime or loss ~ '. FP 00 10 09 94 Copyrighl, Insurance ServIces QlOce. Inc.. '9S5. '993 Page 5 of 33 ',0 ----. I ,() = Ir the repar~ or replacement Is not done within 12 months, alter loss, we will settle on the basis or a proportion or the cost or repair or replacemenl. This proportion will equal lhe ratio or (a) below to (b) below. (a) The period or time rrom the loss or damage. to the expiration or the lease. (b) The period or time rrom the Instal- lation or the Improvements to the expiration or the lease. Lease means the lease. whether wrltlen or oral. In elTect at the time or the loss. Ir your lease contains a renewal option, and If you exercise that op- tion, the expiration or the renewal option period will replace the expi- ration or the lease In (a) and (b) above. Ir repair or replacement Is done at the expense or others ror the use or the ~insured", we provide no In- surance. COVERAGE 0 - LOSS DF USE 1. Coverage .,' We cover, up to the limit of Insurance shown In the Declarations r~r Coverage. 0: . a. Your Addillonal Living Expense Ir a Covered Cause or Loss rend~rs your principal living quarters uninhabitable, we will pay any necessary Increase In living expense you Incur so that your household can maintain its normal standard or living. provided that such unlnhabilable quarters are located in: (1) A "dwelling' covered under Coverage A; or . (2) The "dwelling" In which covered Household Personal Property is lo- cated. ir you are a tenant. Payment under this' 'Addllional Coverage will be ror the shortest time required ror repair or replacement or the damaged property. or. ir you relocate. the shortest time required ror your household to settle elsewhere. ' .- . .; b. Fair Rental Value , II a Covered Cause or Loss renders uninhabitable any portion or:. (1) A "dwelling" covered under Coverage A;or . (2) An appurtenant structure covered un- der Coverage B; . that you, as the owner, rent or hold ror rental to olhers as a residence or private garage, we will pay ror the Fair Rental Value loss you sustain. But we will exclude rrom our payment any expenses that do not continue while the rental portion Is uninhabitable. Payment under this Addlllonal Coverage will be ror the shortest time required ror "repair or replacement or the damaged property. c. Loss and Expense Due to Emergency Pro- hibition Against Occupa~cy We will pay ror the Additional Living Ex- pense and Fair Rental Value loss you sustain ir a civil authority prevents use or the "dwelling" or appurtenant structure because or direct damage to neighboring premises by a Covered Cause or Loss. But we will not pay parts or such loss or expense that a!e Incurred: (1) Aller'aperlod or 2 weeks has elapsed; or . ~ . '(2) 'Due to :cancellation or"a lease or .. . ,agreemenl. .' ',' " ", The period or our liability under Loss or Use is not limited by the expiration or this policy. No Deductible applies to Coverage D. overage Extens on -" . ,.,The words "you' and .your',throughout this , Coverage Form. Include your spouse Ir a res- ident or lhe salT)e house/1old. ',:;. 3. Coverage D Cond tlons ' See Farm Property Condiiions and Common Policy Conditions. COVERAGE E - SCHEDULED FAR"; PERSONAL PROPERTY 1. Covered Property All or the rollowlng are Covered Property un- der Coverage E or this Coverage Form, pro- vided a Limil or Insurance is shown in the Declaralions for the specific type or property: Pllge 6 or 33 Copynghl. Insurance Services Qffice. Inc.. 1985. 1993 FP 00 10 09 94 0 . , a: Grain, threshed seeds and beans, ground feed. silage, and manuractured and blended "lives lock" reed In buildings or structure,s or In sacks, wagons or trucks. b. Grain In stacks, shocks, swaths or plies In the open, but ror this property fire and lightning, vandalism, vehicles and then are the only Covered Causes or Loss. c. Hay, straw and rodder: (1) In buildings or structures; and " (2) In slacks. windrows or bales, but ror this property fire or lightning, windstorm or hail. vandalism, vehicles and then are the only Covered Causes or Loss. A stack means hay, straw or rodder In one area separaled, by a clear space . or 100 reet or more rrom any other hay, straw or rodder in the open. d, Farm products. male rials and supplies shown In the Declarations. These Include- farm materials and related packing mate- rials and containers usual to the oper- ations or a farm. but not hay, grain or any growing crops. ' . e. "Poullry" (excluding turkeys unless speci- fied): (1) In the open; or '(2) In any building designated ror "poullry" In the Declaralions. ' f, Trays, boxes and box shook. each Item or '. set In the' proportion 'that"i1s value bears ,to the tolal value or all trays. boxes and : box shook covered under this Coverage Form. I 'I . .;. .', g: Compuiers and related' soflware used , principally as aids in rarm management. , . But an Item or soflware Is Covered Prop- '. erty only up to the amount required to re- place it as a prepackaged program, or In unexposed or blank rorm. whichever Is greater. " ! .. : h. Miscellaneous equipmenl. usual or inci. dentallo the operation or a rarrn. Including machinery. vehicles. tools, and supplies , or all kinds. . '. .. .. 'l~ . . .' But such miscellaneous rarm equipment does not Include: '. '(1) Threshing machines, tractors, com- , 'bines, corn ,pickers,' hay balers, harvesters, peanut diggers, potato diggers and pickers, collon pickers, crop driers or sawmill equipment; (2) Automobiles, trucks, motorcycles, mo- torized bicycles or tricycles, mopeds, dirt bikes, snowmobiles, four.wheel ail-terrain vehicles; mobile homes, house trailers: vehlcies primarily de- signed and licensed ror road use (other than rarm wagons and rarm trailers);' watercrafl or alrcrafl: or the equip- ment, tires or parts or any of these; (3) Liquefied pelroleum"l:lr manuractured gas or ruel, or their containers: (4) Bulk milk tanks. bulk reed tanks or bins attached' to buildIngs or structures; barn cleaners, pasteurizers or boilers; any permanent fixtures within or at- tached to a buildIng; " (5) Brooders; , (6) Fences, I wil1dchargers, ,windmills or their towers; '(7) Outdoor radio or televlsl~n equipment . or 'wiring; private power and light poles;' ",' '. ' (8) Irrigation equipment; . (9) portable buildings' a'nd portable struc- , 'tures; . . ':-: : (10) Household personal property or prop- erty usual to a "dwelll.ng";. or (11) Property more speclficall~ covered un- der another Coverage or Coverage Form or this or any other policy. I. Borrowed rarm machinery, vehicles and equipment. meaning property: . (1) That is usual or incidental to'rarinlng 'operations; , (2) That is in your care. custody or control; and (3) In which you have no interest as owner , or lienholder, " ,l' FP 00 10 09 94 Copyright. Insurance Services Qlfice, Inc.. 1985. 1993 Page 7 or 33 C (' But such borrowed rarm machinery, vehi- cles and equipment do not Include: (1) Automobiles. trucks, motorcycles, mo- torized bicycles or tricycles, mopeds, dirt bikes, snowmobiles, four"wheel ail-terrain vehicles; mobile homes. house trailers; vehicles primarily de- signed and licensed ror road use (other than rarm wagons and Jarm trailers): watercralt or aircralt; or the equip- ment, Ures or pa~s o,f any or these; or '.' (2) Dealers' demonstration machinery, , ,vehicles or equipment. Borrowed rarm machinery Is Covered Property under this Coverage Form only to the extent that Ins not covered under . .' another Coverage Form or this or any : other policy of the "Insured". j. Farm machlnery"vehicles and equipment " ".whlch are individually described and spe- cifically covered In the Declarations, while on or. away rrom the "Insured location", except while In ,the custody or a common or contract carrier. k, "Livestock" on or ,away from the "Insured location". .. . " . But w,e do not cover "~Ivestock" while: (1) In the custody o[ a common or contract carrier; (2) At public stockyards, sales barns or sales yards: or ",..- ., , . ,. . ." I.. (3) At packing plants or slaughterhouses. 'I. Bees. ,.. ' . m. Worms,'" .. . ~n:'Flsh.".". .' 1-".... .... . " 0: glher anlma)s. _ : ' .. . . p.Portable buildings anct.,portable structures that you own. 2. p~perty Not Cavere~ " .. Under Coverage E. Covered : Property does not Include: ._ a. Growing crops. trees. plants. shrubs or lawns; b. Household personal property or property usual to a "dwelling"; ,." (. " c. Magnetic recording or storage media ror .electronlc data processing, such as cell, ,disc, drum, n1m. and tape, ,over or above their replacement value: '. ,(1) As prepackaged soltware programs: .or : (2) In unexposed or blank form; whichever Is greater. '. , d. Any permanent fixtures within or aUached to a building; or ' e. Outdoor 'radio or television equipment or wiring; privale power and light poles. " 3. speclai Limits or Insurance Under Coverage E ., .,' Under Coverage E, certain rndlvldual items or "rarm ,personal property" are subject to Special Limits or' Insurance. These Special Limits are part or, not In addllion to. the ap- plicable Limits or Insurance :shown In the Declarations, and apply In excess or any ap- plicable Deductible. a. Ir no speCific stack limit Is 'shown In the Declarations for hay, straw' or rodder in 'the open. the L1mll, will be $10,000 on any one stack. - . b'-For covered "pouilry", the 'Limit or Insur- ance per bird under any provision or this Coverage Form applicable to "poullry" will be lis cash mar~e~ value.as ~~the time of loss. .... ,:... ".'1 . ", . ,c. The Limit or Insurance on anyone Item or , I 'mlscelljlneo!!s ~qulpme~tls $2,000, rd. The most we will pay for lOSS or or dam- ., . age to anyone head or "livestock" (other than animals Individually described and specifically covered under this coverage) ': Is the ,least or the rollo~lng !Im~unts: . _'.' . l1) ~20% or .th~ amounlobtalned by divld- ,': ' ; Ing the total Insurance, on lhe class and ',., . type or.anlmal.lnvolved by the number .,.. ,or head or thai class and type owned ..' '. by you as or the lime or I~ss, (2)"The actual cash value or lh~ animal _ destroyed or damaged" (3) S2.OOO, Each horse. mule or head or cattle under one year or age as or time of loss will be counted as 1/2 head, "'.1 Page 8 or 33 COpYrlghl: Insurance Services Qlfice. Inc,. 1985. 1993 FP 00 10 09 94 C , . 1 I I I .. . '" 4. Covered Causes or Loss . ". See Section,S, Covered Causes or Loss. .... " :~. 5:'A~dIUon~"C9v'~rage5': . . ' ,. - ; See ,"separate' list or Additional Coverages under Section D. . 6. C~verage Extensions Under Coverage E '" ,'0 a, The words "you" and "your", throughout this Coverage Form, Include your spouse rr a resident or Ihe same household. : b.' Covered Property Away From the "Insured . ,. .. Location" I ... . " ',',., (1)" Coverage Is extended 10 apply to Cov- ered Property while away rrom the "In- "sured location", ror up to a certain , ~ ,percentage or the limit or Insurance , shown In the Declarations ror the spe. . . clfi~ type or prope,rty, as rOllo,ws: (a) 250/0, ror Miscellaneous Equipment Usual or Incidental to the Operation . or a Farl!1: or (b), 19%, [or other types or property. , . ,(2) This Coverage extension is part or, not In addllion. to" the applicable Limit or Insurance or Special Limit or Insur- ance: ' , ,'(3) This, covera'ge Exlension does not ap- .. - 'ply to, .' ".':' I .,.", .Ja) "Liv,estock" or' individually Insured :~... ";,,.,:' " '[arm machinery, vehicles or equip, " '. -,.. _, ~ {!lent w~lch are. described In para- : ".. :'.,.., _graph 1.1-", 'or '.'1.k.: or Covered ...' ,- ''-Property' . .,' . .. .. . ".~ .. .. .... :l . (b) Property while in the custody or a common or contract carrier; " - - ..;'.I"!'.. (c) Property stored or being processed In manuracturlng plants, public ele- . "vators;:'wanihouses;' seed' houses ,.__ I .., .' . . ~ . '," or commercialdzylng pl~,ntsi or (d) Property In public sales barns or public sales yards. . .' (4) Under this Coverage extension, the greatest proportion wo) will payor any one loss Is the proportion we would .have paid Ir 'every poll!=y covering the property Involved In the loss had pro- . vlded the same coverage as this Cov- . erage extension. ' . .' . c. Property In the Custody or a Common or Contract Carrier Coverage Is extended to apply to "rarm personal property", Insured under Cover- age E, while In the custody or a common .,or contract carrier, ror up to a total or " $1,000. However, ir a higher limit Is specl- Oed In the Declarations ror Coverage E Property In the Custody or a Common or Contract Carrier, the higher limit will apply Instead or $1,000. " . d. Replaceme'nt Machln~rY,' Vehicles and Equipment Newly Purchased A Special Limit or'lnsurance equal to $50,000 plus the corresponding limit spec- Ined In the Declarations for Individually scheduled Items ,or, Farm Machinery. Ve. hlcles and Equipment applies to any Item or property purchased as a replacement " " or such r,nachlnery, vehicle or equipment. The' additional' $50.000 coverage will end: (1) ,30 days aner the;date or purchase or the replacement Item; or . -,.,.. (2) When}his poUcy expires; whichever comes Orst. : In no event will we pay more than the ac- tual cash value as or the time or loss. A newly' purchased vehicle or item or ma- chinery or equipment Is covered under this Coverage Extension only to the extent that It Is not covered under anolher Cov. erage or Coverage Form or this or any other policy 'orthe 'inswed": . _.' .... ,4 ,. .' c , c ..." " '. .. FP 00 1009 94 Copyrighl. Insurance Services Qlnce, Inc.. 1985. 1993 Page 9 of 33 . e. Additional Machinery, Vehicles and Equip- "ment Newl~ Purchased " (1r Coverage' on such Items or ram equlpmenl;" machinery 'and vehicles such as tractors, combines, 'harvesters, corn pickers and hay balers, will extend to apply to ne'Nly purchased addlllonal rarm equipment. machlnerl and vehicles. (2) The most we will pay under this Cov- '. . erage Extension Is $100.000 ror loss or or damage to all such Newly Pur- "chased Additional 'Farm Equipment, Machinery and Vehicles. This $100,000 Llmit'ls part or, not In addition to, the applicable Limil or.rnsurance. (3) When values ror Newly Purchased Ad- ditional Farm Equipment. Machinery and Vehicles are reported under this Coverage Extension, additional pre- , ,mium ror these values will be due and ': 'payable rrom the dale or purchase. . . , (4) None or the rollowlng is covered under this'Coverage Extension: (a) Automobiles. trucks. motorcycles, inolorlzed bicycles or tricycles. mopeds. dlrt.blkes, snowmobiles; three:\Yheel .. all-terrain vehicles; " .. .mobile homes or house trailers; , vehicles primarily designed and li- censed ror road use (other than farm w'agons' and rarm lrallers); watercran. aircrall; or their equip- ,ment, lires or parts: (b) Liquefied petroleum or rnanurac- tured gas or ruel. or their contain- ers; ...... .. ,. _ (c) Brooders; rences. windchargers, , Co" -. ,. windmills or their towers; or ,'r, ~.' (i1) 'Any rarrii equipment. machinery, or - iiehicles 'purchased as replace- ments or equipment. machinery, vehicles or equipment specifically described in the Declaralions. (5) This Coverage Exlension will end: (a) 30 days aner the dale or acquisilion or the additional ilem: or (b) When this policy expires: whichever comes first. . ..... " , " ~ ..... . (6) Newly Purchased Additional Farm . Equipment Machinery and Vehicles are , covered under thls'Coverage extension only to the' extent that 'they are not covered under anolher Coverage or Coverage Form or this or any other polley of the "Insured"., : r. AddlUonal'Acqulred Livestock ..'. (1) Ir Coverage E covers 'livestock" " (a) Specifically declared and described . In the Coverage E Declarations; or (b) With separate Limits or Insurance per class shown In the Coverage E Declarations; ;: , we will cover addlllo~'al "livestock" you , acquire during the policy period, ror up to 30 days rrom acqul~llIon. (2) The most we will pay under \his Cov- erage Extension Is the lesser or: (a) The actual cash value or such property; or ' (b) 25% or the total or the Limits or In- surance shown In the Coverage E .. Declarations ror: . - . (i) Specifically declared and de- scribed "livestock,"; B;nd . (Ii) "Live~toi:k" with sepa'rate limits per class. (3) You must report such property within . ". '30 . days rrom ,the date acquired and :~'~ ", ',: 'pay any ,addilional premium due. If you do not repo'rt such property, coverage will end 30 days aner the date the . '.,.., property Is acquired. 7. co~~'ragll E Con'dlllons . , ... ... ...... ,".", Coverage ,E,Is subject to the rollowing Loss , Conditions as well as to the Farm Property :. Coiidlllons ':and' the .Cornmon Polley Condi- tions. ' .. .': .... :;'", COPYright. Insurance Services Qrfice. Inc.. 1985. 1993 FP 00 10 09 94 [ - . , ~ '~G ,... Loss Conditions, a, portable Buildings and Portable Structures : that You Own.. . . , The mos't we will pay ror los~ or or dam- . age to this property In anyone occurrence ...' Is the proportion that the applicable limit of Insurance 'shown In the Declarations bears to the value or all portable buildings and portable structures you own as or the lime or loss. '. ,b" Pro Rata Distribution - Applicable Only to Gr.llln, Hay, .Slraw 'and Fodder. to Farm Machinery, Vehicles and Equipmenl, and to Poultry In Unheated Buildings. This Condlllon applies only Ir Sc'heduled "rarm personal, property" Is ,covered at , more than one "Insured .Ipcallon". The . ,J,lmll of Insu'rance ror any category or , .', covered "rarm personal property," men- lIoned In lhe heading or this Condillon will .' " 'apply at anyone "Insured locallon" in the .~ 'proportlon that the value or Covered Property In that calegory at that location , ' ',~ bears to.lhe ,value or all Covered Property . In that calegory at .all "insured locations". c._ Livestock, Poullry, Bees, !'ish, Wo.ms, and .. Other Animals .Wjth.. r,espect to "livestock', 'poullry", bees: fish. worms. and other animals, the term loss means,' dealh or destruction .' , : -. caused by, resurting rrom or made neces- l':l.'sary bya covered cause or loss. -, "."-d. Valuation'" " ':.. , , tn the event oi'loss .or'or"damage to cov- ..,. . 'ered "rarm, personal property", we will ,<: settle at' actual cash value as or lime or '. loss, :but' we will nol pay more than the amount necessary ror repair or replace- ,mem..'~ :~ ~ e, Coverage Temlory We cover loss or damage commencing wllhin lhe coverage territory, The cover- age territory Is: ' . (1) The Uniled States or America: (2) Puerto Rico: and (3) Canada, . ~,. '. .: . " .,. :.. .' COVERAGE F ' UNSCHEDULED FARM PER, SONAL PROPERTY 1. Covered Properly .' , . All or the following are Covered Property un- der Coverage F or this Coverage Form, pro- vided a Llmll or Insurance Is shown In the . Declarations: a. All Ilems or 'rarm personal property" on the "Insured location", except ror Ilems , specified under paragraph 2. Property Not Covered; and b. The' foliowing Ilems or "rarm personal. property" away rrom the "Insured lo- cation": . (1) Grain, ground reed, !e.rtlllzer, fodder, hay, herbicides, manuractured and blended "liveslock" reed, pesticides, silage, straw, threshed beans and threshed seeds, except while: (a) Being stored or processed In com- mercial drying plants, manuractur- log plants, public . elevators, seed , houses or warehouses; or (b) In the custody or a'common or con- .' tract carrier. . , ' (2) "Livestock", except while: (a) In the custody or a common or con- , .tract carrier; (b) At public stockyards. sales barns .or yards; or _ . (c) At ' . packing' plants or slaughterhouses. (3) Farm machinery. equipment. Imple-..' ments. tools and supplies. except: (a) Ilerns specified 'u'nder paragraph 2. Property Not Covered; or (b) While in the custody or a common ..or contract ,carrier.. :-, 2. Property Not Covered " Covered 'Prop'erty does 'not include: a. Household or personal property usual to .0:.... a "dwelling': b. Magnetic recording or storage media ror . electronic data processing, such as celi. , disc, drum. file and tape.' over or above their replacement value: (1) As prepackaged sonware programs; or (2) In unexposed or blank rorm: whichever is greater, FP 00 10 09 94 Copyrtghl. Insurance Services Qlfice. Inc,. 1985. 1993 Page 11 or 33 C . . " "~ . c. Animals other than "livestock"; . d, 'Poullry~, bees. fish or worm~; e. Racehorses, showho,:ses or stio~ po'nies; f. Any 01 the rollowlng while being stored or processed In manuracturing' plants, public elevators, warehouses, seed houses or commercial drying plants: grain. threshed seeds, lhreshed beans, hay, straw. rodder, silage. ground reed. herbicides. rertlllzer, manuractured or blended "livestock" reed; g, T!ees, plants, shrubs' or lawns; h. Tobacco, cotton, vegetables, r,oot crops. potatoes, bulbs, rruil or nursery stock; I. Crops In the open, except to the extent provided ror under 6. Coverage Extensions to Coverage F; , .' I. Contents or chicken rryer or broiler houses, 'Iaylng houses. "poultry" brooder ,!,r du~k or turkey houses; k. Automobiles. trucks: molorcycles, molor- ,Ized ,.blcycles or tricycles, mopeds, dirt ,bikes, snowmobiles; rour-wheel all-terrain . vehicles; mobile homes. house trailers; . vehicles primarily, designed and licensed lor road use (other than rarm wagons and larm trailers); walercratl or alrcratl; or the , equipment, tires or parts or any or these; I. Fences; windmills or' windchargers or their towers;, :';," m. Bulk milk tanks,-bulk reed tanks or bins .. attached to buildings or structures; barn cleaners, pasteurizers or boilers; any permanent fixtures wllhin or attached to a building;", . , . " ,.... n. Outdoor radio ?r .television equipment; o. Portable buildings or portable structures; 'p. irrigation equipment; ': q. Property separately described and specir- Ically covered in whole or in part under anolher Coverage or Coverage Form or' this or any other policy: ' r. Cotton pickers and harvester-thresher combines: or " , s. Any prope'rty shown in the Declarations under the heading OTHER PROPERTY NOT COVERED UNDER COVERAGE F, J' . 3. Special Limits or Insurance Under Cover3ge F ' "J .,.-., ' . ... .~ ,. " " ' ,- Under Coverage F, indlvrdual"lIvestock" are ,subject to Special Llmils or In.surance. These Special Limits are part or, not In addition to the appUcable Limit or Insurance shown in th~ Declarations, and apply In excess or any ap- pllca~le Deductible. , ' , The most we will pay ror loss or or damage to anyone head or "IIveslock" is: a; $1,000 on any horse, mule or head or cat- , tie, under 'one year or age as or time or 'Ioss;-and . , ' :.,' b. $2.000 on a~y head or "IIve~tock" not In- , .ciuded under a. above. -~', . il it becomes, ~ecessarY 10 impose the penalty provided ror In the last sentence or the Cov- erage F Loss Condition - Coinsurance (see 7,b, below), .no amount used as the actual cash value or an animal will exceed the ap- plicable Umll or Insurance spe~ined above. ., 4. Covered Causes or Loss :- ...~. :. See se~t1on B. Covered Causes' br Loss. S. Additional Coverages ' ... , ','.' , . I ., See separate list or Additional :Coverages under Section D. ' . - . .... . .., ,,"', 6. ' poverage' ~xtenslo~s ,~o l:o.verag~:!, a. The.words "you",'and "your", throughout this Coverage Form, include your spouse Ir a resident or the same household. b. Farm Products In the Open - Coverage Against CertaIn Caus.es or Loss, You may apply up to 10% or the Limit or ',Insurance shown In the Declarations ror 'rarm personal property., to cover the rol- lowing In the open:', ',~;;'.' (1) Grain in piles. shocks,- stacks or swaths; '. '.' J . . ..' (2) Hay. straw and rodder ': In stacks. - windrows or bales: but the most we will pay (or loss or damage is S10.000 rcr anyone slack of hay., straw or rcdder, Insurance Services Qffice. Inc.. t985. 1993 FP 00 10 09 94 C . - COVERAGE G ,OTHER FARM STRUCTlJRES 1. Covered Property . . All 01 the rollowlng are Covered Property un- " der Cover~ge:G or this ,Coverage Form, pro- vided a Limit or Insurance Is shown In the 'Declarations .ror the specific type or property: . , : a. Farm buildings and struclures other than "dwellings", Including attached sheds and permanent fixlures; b. Silos Indivldu~ilY described I~ the Decla- rations or on a schedule, whelher or not attached to buildings; , c. Portable buildings and portable struc- tures; . ' d, All rences (except field and pasture rences), corrals, pens;' chutes and reed racks; . . I e, Outdoor radio' and TV equipment. anten- nas. masts and towers; r, Improvemenls and Bellerments. Improve- ments and bellerments are addlllons, al- terations. fixtures or Installations made part or the described building, but do not '. Include lIems lhat may be legally'removed ., by'an "Insured'. Ir you are a' tenant, we cover your use Interest In the Improve- ments and betlerments you make at your expense 10 a building you, do n9t own at the "Insured locallon'; and ',-' .. " .:. ,.' " g. Building Male~als, and Supplies: (1) For use in building: allerlng or repalr- ~ ,Ing 'arn) buildings, or ~Ir,uctures; and (2) Kept on or,adja~enlto the "insured 10- calion'. 2. Property Not Covered Covered Property does not include: a. Land (Including land on which the olher rarm structure is located); b. Waler; c, Field or paslure rences; d. Foundalions. ir below ground. or buildings or structures: e. Pilings. piers. wharves or docks; or I. The cost 01 excavations. grading. filling or backfilling, 3. Covered Causes 01 Loss See Section B. Covered Causes or Loss, . 4. AddlUonal Coverages 'See 'separate list or Additional Coverages " unde'r Section D. ; ',' . ,5. Coverage Ext~nslons to Coverage G - a. The words' "you". and "y~jur", .t~roughout this Coverage Form, Include your spouse Ir a resident 01 the same househ,old. b. Private Power and Light Poles ,. We will pay up to,$250 In anyone occur- ,rence as an addlllonal amount or Insur- ance ror direct physical loss or or damage . to private power and light poles, outside wiring and attachmlmts. ,Allachments In- clude attached swllch boxes, ruse boxes, and other electrical equipment mounted on poles you own at 'th-e' "Insured 10- .'catlon". The $250 Llmll applies In excess or any applicable Deductibte. '1[ specific private .power and ,light poles are shown In the Declarallons, the Limits .. . "or Insurance shown lor them will be In ':, addition to the $250 Limit. ' " ' c. New Construction ' . (1) We will pay up !o $190.000 ror direct physlcal.,loss 9r or. damage to new, permanent rarm structures .at the "In- sured location" including materials and supplies ror use In their constru~tlon. (2) This .Coverage Exlension applies only: ., '. .' . .." _' _ (a) To structures thai are not Oltlerwise covered under this or any other policy: and ,., ._" (b) To loss caused by' alrcra'rt. 'explo- sion. fire. lightning,!' riot or civil commotion. smoke. vandalism. ve- . , . ,hicles. windslorm or hail. ' (3) Insu'rance-.im each ,rarm structure cov- ered under this Coverage Extension will end as soon as any orthe rollowing takes place: (a) You report values to us, (We will charge you an addilional premium ror values reported rrom the date construction begins or the materi- als and supplies are delivered,) (b) 60 days have elapsed since the first dale or delivery or the materials and supplies, " .' Page 14 or 33 Copyrighl. In,surance Services Qffice. Inc.. 19S5. 1993 FP 00 10 09 94 0 ~ - J (cl This policy expires. (4) This Coverage Extension is part or, not In addlllon to, the applicable Limit or Insuran.ce. 6, Coverage G Conditions . ' l:' 1 Coverage G is subject to the rollowlng Loss , Conditions as well as to the Farm Property Conditions and the Common Policy Condl- lions. Loss Conditions a. ,Fences; Corrals, Pens, Chutes, Feed Racks . ' The most we will pay In anyone occur- rence or loss or or damage to covered lences, corrals, pens, chutes and reed .' racks Is the' proportion that the applicable '.,. . ,'Llm'll or Insurance shown In lhe Declara- . .' tlons bears to the value or all covered lences, corrals, pens, chutes and reed racks you own as or the time or loss. b. Portable Buildings arii! Portable Structures . . . " The most 'we will pay In anyone occur- rence or loss or or damage to portable buildings or portable "structures 'is the ,," proportion that the applicable Umil or In- surance shown In the Declarations bears to the value or all portable buildings' and '. ..portable ~tructures you own as or the time . :orloss. .' : : :' - ,.'" : . . ..~ .. . .. But this Condition does not apply to any .. ,; portable building or portable structure In- _ .' 'divldually covered Ii'nder its own Limit or ~'Insurance shown in the Declarations. c. Valuation' Property Other than Improve- ments' and Betterments . ' (1) Ir th~"R~placernent 'Cost Ba~is option _ '.' is not expressly Indicated in the Dee- ,,' laratlons, -we will. in the event or loss or damage to Covered Property. settle althe actual cash val1Je. as or the time , < or loss,or the deslroyed 'or damaged "~'.. " .. part or Ihe 'structure, but we will not :c . '. ,',. . ,pay more than the amount necessary .. , ror,re,pair~lr replacement. ( ..,."... (2) Ir the Replacement Cost Basis option '. Is expressly indicated in the Declara. ", tions. loss valuation will be determined '.'., as provided below: ,. . ., " ,. . . li . (a) The basis ror loss settlement will be determined by the ratio or the applicable limit or Insurance ror the specinc building to the lull replace- ment cost or the destroyed or dam, aged' Covered' Property. When determining the MI replacement cost, the values or the rollowlng will be disregarded: (I) excavations;', '(II) Foundations; and . (III) Ple~s ~'nd ~ther supports below .' .' ,the undersurface or the lowest 'r basement noor; or, where there .' Is no basement, lhose below the surface or the ground Inside the roundatlon walls; also under- , 'ground nues. pipes, wiring and drains. (b) Ir the Limit or Insurance on the . damaged structure Is at least 80% or Its rull repla~ement cost as or the . . lime or loss, we will settle the loss " based on the smallest or the rol- lowing amounts:' - , ' , .. .' ... I . '(I) The cost to :replace the dam- aged part or'the structure with equivalent consiruction ror use on the same pre"1ises: ',' .., .1" , (II) :Tt)e amount actually and neces- ; sarily s~ent to ~~"pair or replace . the structure.." :.., (Ill) ,The applicable ~Llmlt or Insur- ance. . .".' (e) rr the Limit or Insurance on the - damaged structure is less than 80% or its rull replacement cost as or the ..' . time or loss, we will.,settle on the basis or (I) or (II) below, whichever :,. IS,larger:,; .:" (I) :The actual cash value, as or time _..;.. or loss. or ,the ,damaged part or , "'the slruclure. ',,~' , (II) A propOr1ion or the cost to repair or repla~e the damaged pa"t or 'the structure, 'without deduction ror depreciation. This proportion will equallhe ratio or the appli- cable Limit or Insurance to 80% or the cost or repair or replace- ment. " ..... , FP 00 10 09 94 Copy"gnt. Insurance Services Qffice. Inc.. 1985. 1993 Page 15 or 33 0 . However, we will nol pay more than .' the applicable Llmil of Insurance, regardless or" whether (\) or (II) .. above applies. .. "'.' . ~~ .. ". (d) Ir your loss qua,lInes ror payment on a replacement cost basis, but the cost or repair or replacemer,t Is more lhan either $1,000 or 5% or the applicable limit or Insurance, the only basis on which we will settle pending complelion or repairs or replacement is actual cash value, as or time or loss. or the damaged part or the structure. In ". " case of such a loss you can make , . an Initial claim for payment on the actual cash value basis, and later make a supplementary claim ror replacement cost payment. II you elect to exercise this option. you must notify us or your Intention In writing within 180 days or the oc- currence or the loss, d."V~luatlon .Improvemeriis and Betterments .. " t. " (1) II repaIr or replacement is done at the expense or the "insured' within 12 monlhs aner the loss, we will settle the loss on the basis or actual cash value as or time or loss,.:' ',.....:,.. . . \: _.,(2) lI,repair or replacement is not done . ,:'1.: wilhin 12 months aner loss. we will ;; ..:ol. ,,' '; , 'setile on the basis or a proportion or the cost or repair"or replacement. This 'proportlon will equal the ratio or (a) below to (b) below. ... (3) The period or time rrom the loss or . damage to the expiration or the lease. " . (b) The period of time [rom lhe instal- lation of the improvements to the expiration or lh,: lease, ',' " L~ase means the' lease. whether writ- I,., ,; 7 :~'~ ten or 'oral. in effect at lhe time or the loss. : 'If your lease coi,lains a renewal option '.. !Ind ir you exercise that oplion. the ex- 'piration or the r~newal option period .. will replace lhe expiration or the lease in (a) and (b) above, _ (3) Ir repair or replacement is done at the expense or olhers ror lhe use or the 'insured'. we provide no insurance, ': -' ,. jn: " .' . . e. Valuallon' Glass Replacement We will settle on the basis 'or the cost to replace damaged glass with sarety glazing material, Ir required by law. B. COVERED CAUSES OF LOSS ' .. 'Covered Causes or Loss means the .causes as described and limited under either B,1. or B.2. or B.3. below In accordance with a correspond- Ing entry or either BASIC or BROAD or SPECIAL respectively, on the Declarations opposite each Coverage or property to which lhis Insurance .. applies. ,', ",. '.' However, certain property Is covered only ror particular causes or loss, as listed under the rol- lowing Items: b. or Coverage Eldenslons to Cov- erages A, Band C; 1.b. and 1.c:.(2) or Coverage E Covered Property: 'b. or Coverage Extension to Coverage. F; 0.(2) or Coverage Extensions to 'Coverage G. '. , ..... '.' 0" 1. Cover,ed Causes or,Loss . .BASIC ' Subject to ,B. above, when BASIC Is shown In the Declarations. Covered Causes or Loss 'means the r~lIow!ng: ...' " a. Fire or L,ighlnlng , We will not pay ror loss or or damage to , buildings, or contents usual to a tobacco , barn. Ir that loss or damage: (1) 'Resuits'iro'm-1he use or open fire ror curing or drying tobacco in the barn; ! ::~'and "'I ...:. ,... . ',','. (:ij: Occurs during,' orwilhin ttie' 5-day pe- , , rlod rollowing. open.nre curing or dry- ,-':' "'lng, '- ~' ... ..~, ,', , b.' Windstorm' or Hall, 'but not Iii eluding: ..".. . (1) Frost ,or cold .wealher.', " .. ' .. ._ .., . ~_ ... ",..1. , (2) Ice Jo\her than hail), s,now or sleet. "whelher drlyen by wind or nol; or (3) Loss or or aamage to:' . : :..:~': ,=.'(3). The interior "or a~y" building or :'.." '..' ',-;structure. ,or the property inside a .. ' .. ,\, building or structure. caused by : :'1: ',; rain. snow.. sleet.. sand or dust. whether driven 'by wind or not. un- ",less the building or slruclure first . sustains wind or hail damage to its roor or walls through which the rain. snow, sleet. sand or dust enters; or ",. Page 16 or 33 COPYright. Insurance Services Qlfice. Inc.. 1985. 1993 FP 00 10 09 94 0 , ~ (b) Watercraft or their trailers, rur, nlshlngs. equipment or outboard ,motors unless wilhln a rully en- close.d building. (c) Under ~overage E or Covt!rage F: (I) "Livestock" or "poultry" when caused by running Inlo streams, pondS or dllches, or against rences or other objects; or rrom smothering: or resulting directly or I~dlrectly from rrlght; (II) "Livestock' or "poullry' when caused by rreezlng or smothering in blizzards or snowstorms: or (III) Dairy or farm products In the open olher than hay, straw or radder. c. Explosion, Including the explosion or gases or ruel wllhin the rumace or any fired vessel or wllhin the nues or pas- sages or such a' vessel rrom which the ga~es or combustion pass. But under Coverages E, F and G this cause or loss does not Include loss or damage caused by or resulling rrom: '(1) Explosion or alcohol stills. steam boil- ers, steam pipes, :stearn engines or steam turbines owned or leased by , you, or operated under your control; (2) Electric arcing; (3) Rupture or bursting or water pipes; 'r' (4) Ruplure. bursting or operation or pres- sure reller devices; and (5) Rupture or bursting due to expansion or swelling or the contents or any ,building or structure caused by or re- sulting, rrom water. d, Riot or Civil Commotlon,lncludlng: (1) Acts or sirlklng employees while occu- .'.. _ ~ pylng t~e 'insured location'; ~nd .'. .(2) Looling occurrin9 althe time and place or a riot or civil commotion, '. " f~ I e. Aircraft Aircraft, meaning only loss or damage caused by or resulting rrom: (1) Contact or an aircraft, spa'cecraft or selr-propelled missile wllh Covered Property or with a building or structure containing Covered Property; or (2) Objects falling [rom aircraft. r. Vehicles, meaning only loss or damage caused by contact or a vehicle, or or an object thrown up by a vehicle, with Cov- ered Property or with a building or struc- ture containing Covered Property. This cause or loss does not Include loss or damage to "livestock" or to a fence driveway or walk. -.' ' g. Smoke, causing sudden and accidental loss or damage. This cause or loss does not Include loss or damage by smoke from agricultural smudging or Industrial operations. h. Vandalism This cause or loss does not Include loss or or damage to: . (1) A building or structure, or its contents, . Ir the building or structure has been 'vacant' ror more than 30 consecutive days i!l1~ediately berore the loss. (2) Any device' or Instrument. ror the transmitting. recording, receiving or reproduction or sound or pictures. that Is operated by power rrom the elec- trical system or a molor vehicle or mobile agricultural vehicle, unless it Is: (a) Covered Property: and (b) Permanently installed In the motor vehicle or mobile agricultural vehi- cle. (3) While in or upon a motor vehicle or mobile agricultural vehicle. any tape. wire, record. disc or other medium ror use wilh any device or instrument lhat transmits. records. receives or re- produces sound or pictures and that Is operated by power rrom the electrical system or lhe motor vehicle or mobile agricultural vehicle, FP 00 10 09 94 COPYright. Insurance Services Qffice. Inc,. 1985. 1993 Page 17 or 33 0 . - , . I. theil, IncludIng altempted then and loss or property rrom a known location when It Is likely that the property has been stolen. This cause or loss does not Include loss caused by or resulting rrom then: (1) Due to unauthorized Instructions to transrer property to any person or to any place; (2) !..Inder Coverage A, B or G: 'In or rrom a building or structure under construction. or or materials and sup- .. plies ror use In such construction, until the building or slructure Is completed , and occupi.e!l; .. ,(3) Under Coverage A, B or C: (a) From that part or your principal resIdence, including Its grounds and appurtenanl structures. which you rent to someone who Is not an : "Insured"; (b) With respect to household personal property away rrom the "Insured locallon", or: . , , (If Property ai" any residence , owned by. rented to. or occupied by, an "insured", except while an:.Insured', is temporarily re- . sldil)g there<" But property or a sludent who is an "Insured"' Is covered at a r!lsidence away,rrO(l1 home pro- ': vided the' student has been there al any time during the 45 days immedialely preceding the ".' loss; ~ ~ , . ., ,.,. ..... . (Ii) Any watercraft. Its rurnishings. equipment or ,outboard molors; or (liI) Trailers or campers. : (4) Ul1der C.overage' E ~r F;" . .. t.. . ~ " " (a) Discovered on ,tpking invenlory: (b) Due '10 wrongrul conversion or .'.' embezzlemenl; " ., (e) Due to disappearance or any "rarm personal 'property. unless there is evidence that the propeny was sic- len; or (d) Due to acceptance or counterfeit money. rraudulent POSI office or ex- press money orders. or checks or promissory nOles nOl paId upon presentatIon, '. . " Page 18 or 33 . " (5) or any device or . Instrument for the transmitting, recording, receiving or reproduction of sound or pIctures, that Is operated by' power rrom the elec- '. .trlcal system or a molor vehicle or mobile agricultural vehicle, unless It Is: (a) Covered Property; and (b) Permanently Installed In the motor vehicle or mobile agricultural vehi- cle. (6) White in or upon a molor vehicle or _mobile agrlcullural vehicie, or any . tape, wIre. record, disc or other me. .. 'dium for use with any device or Instru. ment that transmits, records, receives or reproduces sound .or pictures and '. that Is operated by ~ower from the electricat system or the motor vehicle or mobile agricultural vehicle, j. SInkhole Collapse, means los~ or damage caused by the sudden sinking or collapse 9r land Into underground empty spaces created by ,the aclion or water on limestone or dolomite. This cause of loss does not include: ~i1) The cost or miing si.nkhol~i; or .. (2) Sinking or collapse or land Into man- " made underground, cavllies. k.. ,Volcanic Action, meaning dIrect loss or , ',:damage resulting rrom theeruplion or a volcano when the loss or_ damage Is caused by: .' - (1) Airborne volcanic biast or airborne '. 'shock. waves; :, ' ',., " ,(2) Ash, ,dust or part:iculale_ matter, or (3) Lava now. , 'AII volcanic eruptions' that occur within any 168-hour period will conslllute a sin- gl~ Sl~cu~re,nc,e. " . , . This cause or loss ,does not Include the cost to remove ash. .dust or particulate matter that does not cause direct physical loss or da~,age tO,lhe Covered Property, ,', Copyroght. 'Insurance Services Qffice. Inc.. 1985, 1993 FP 00 10 09 94 ' 0 , I. Collision" Coverages E and F Only '(1) Causing Damage to Covered Farm Ma, chlnery We will pay ror loss or or damage to ~ . "covere~ rarm machinery caused by collision or overturn or that machinery. ~ Collision means accidental contact or the rarm machinery wllh another vehl, cle or object. Under this cause or loss we will not pay ror loss or damage: . . (a) ,To tires or lubes unless the damage Is coincidental with olher damage " .to the rarm ll1achinery or Irnple. l' ." .ment:. .. (b) Caused by contact between a trac. lor and Implement during towing, 'hitching or unhitching; (c) Caus'ed' by foreign objects taken Into any rarm machine or mechan- Ical. hai;Vesler; o,r '(d) Caused by contact or rarrn machin- ery wllh the roadbed or ground. (2) Causing Death or Covered Livestock We will pay ror'loss or covered "live- stock" caused by: (a) Collision or overturn or a vehicle on which the. "livestock" are being transported. Collision means accl- .dental conlacl or that vehicle with another vehicle or object: or ... - . . (b) :Llvestock" running into or being , . struck by a vehicle while the "live- stock" are crossing. moving along '''or standing In a public road, But we will nol pay ror loss ir a vehicle owned or operated by an "Insured": (a) Collides with 'the vehicle on which lhe "livestock" are being trans- , '''ported; or . ' ibj Strikes "livestock" crossing. moving , along or ,standing In a public road. :. '":. .'. ., -'. ) { (3) Causing Damage to Other Farm Per, sonal Property , , We will pay ror loss or or damage to covered "rarm personal' property" (olher than that described In (1) or (2) above) In or upon a motor vehicle, caused by collision or overturn or that vehicle.' Collision means accidental conlact or the motor vehicle with an- other yehicle or object. m. Earthquake Loss to "Livestock" , n, Flood Loss to "1.Ivestock", 'meaning only . loss or damage caused by or resulting ,from noed, surface water, waves, tides, tidal waves. overllow or any body or water, or their spray. all whether driven by wind or not. " 2, Covered Causes or Loss; BROAD Subject to B. above, when BROAD Is shown In the Declarations, Covered Causes or Loss means the Covered Causes or Loss under Section B.1, Covered Causes or Loss - BASIC. , plus the rollowing: . ,0, Electrocution or Covered Livestock , . p. Attacks on Covered Livestock by Dogs or Wild Animals This cause 'or loss does nor include loss or damage:, . (1) To sheep; or (2) Caused by dogs orwild animals owned by you. your employees or other per- sons residing on the "Insured lo- cation'. - q, Accidental Shooting or Covered Livestock This cause or loss does' not include loss or damage caused by you, any other "In- sured", your employees. or other persons residing on lhe "Insured loc~!ion'. r. Drowning or Covered Livestock From Ex- ternal Causes " This cause -or loss does 'not' include loss resulting rrom the drowning or swine un- der 30 days ~Id: ' 1-:" : . :.'~ . . ~ I . .. ,- FP 00 10 09 94 Copyrignl. Insurance Services Qlnce, Inc,. 1985. 1993 Page 19 01 33 0 . s. Loading/Unloading . Accidents, meaning sudden, unroreseen and unintended events causing or necessllallng death or 'covered "livestock" and occurring while they are being unloaded rrom or loaded onto vehicles used or 10 be used to trans- port them. This cause or loss does not Include loss . caused by or resulting [rom disease. \. Breakage or Glass" or Sarety Glazing Ma" lerlal that Is part or a'bulldlng or structure, storm door or ~~,orrT). window. ,'" , . Under this cause or loss, we will not pay ror loss j[ the building or structure which .. contained 'the glass, Including door or ,I window glass: has been "vacant" ror more Ihan 30 consecutive days Immedlalely be- rore t~e loss. u. Falling ObJects ,. , But we will n~t pay ror loss or damage 10: '(1) Personal prop'erty In the open;' (2) The Interior or a building or structure, or property Inslde.a building or struc- ture, unless the'rcor or an outside wall '. ,r: or the building or structure Is Orst damaged by a ral,ling ObJect: or (3) The railing object i1selr. v. Weight of Ice, Snow or Sleet causing damage to a building' or to any property " '. insid~ a building. "., ,But under this cause or loss we will not '. pay ror loss by pressure or weight or water in any rorm, whether driven by wind or .' ." .., ,pot, to any:: ' ... . . . (1) Foundallon or ret!linlng wall; , (2) Pavement or patio; .' '.. (3) Awning:" I , . ' ~.. (4) Fence; .' .'. .. ., (5) Outdoor equipment; "; ,(6) Swimming pool; or . (7) Bulkhead. dock. pier or wharf. w. Sudden and Accld,mtal Tearing Apart, cracking. burning or bulging or a steam or hot water heating system. an air condi. tloning or automatic Ore protective sys- tem. or an appliance ror heating water, . , Under this cause or loss we will not pay ror .loss or damage ,caused by or resulting rrom freezing." '; '.. x. Accidental Discharge or Leakage of Waler or Steam as a direct result or the breaking or cracking or any part or a system or ap- 'plll!nce contalnin.g water or steam. Under this cause or loss we will pay ror loss or or damage to covered personal property provided thaI BROAD Is shown In the Declaratlons.ror tile cove'rage applica- ble 19 that personal property. Ir any part or a' building or slructure to which Cover- age A, B or G applies must be torn out and replaced so that repairs can be made to the damaged system or 3'ppllance, we will also pay ,the necessary costs Involved, provided thaI BROAD Is shown In the Declarations ror the..coverage applying to , that building or structure. . ,"' ". ..' .; , . We wlll not pay:, .., (1) The cost to. repair 'any derect that caused the loss or damage: , (2) For loss' or damage caused by contin- uous or' repeated seepage or teakage ." over a period or weeks, months or years: . ..... . (3) For loss or damage. caused by acci- , " dental discharge or overflow occurring . '.. Orr the :insured loc.allon'; :(4) For loss' or :da~ag~ ::caused by dis- . .charge or leakage in a building or structure "vacant' ror. more than 30 consecutive days Immediately berore the loss; Clr. ' , . .'''' (5) F~r' IO'SS or damage' caused by or re- sulting rrom rreezlng. ...: . ..I..' ',y. Freezing or.a plumbing, heating, air con- ,dltioning or"automalic Ore protective sys- te.l!"or'or a household appliance. Under this c:i~~se or loss. 'we will not pay ror loss or damage which oC,curs while a building or structure' Is 'vacant", "unoccu. pied' or being 'construc!ed. unless you have used reasonable care to: (1) Maintain heal," the building or struc- ture, or (2) Shut of[ the waler supply and drain the system or appliance or water, ::' .... !:. . .;.... Cooyriqht. Insurance Services Qtnce. Inc.. 1985, 1993 FP 00 10 09 94 o . . .~~ z. Sudden and Accidental Oamage rrom artl, , ficlally generated electrical current - Ap- plicable Only to Coverages A, B, C and D. This cause or loss does not Include loss or or damage to tubes, transistors or slm- .lIar ~Iectronlc components. 3. Covered Causes or Loss" SPECIAL Subject to B. above, when SPECIAL Is shown In the Declarallons. Covered Causes or Loss means RISKS OF DIRECT PHYSICAL LOSS unless the loss Is excluded In the rollowlng paragraphs or In Secllon C, exclusions. a. We will not pay ror loss or damage caused by or resulllng rrom: . (1) Fire,lIthat loss or damage Is sustained by buildings or contents usual to to- ...baccc barns as the result or using open fire ror curing or drying tobacco In the , barn, and occurs: .. . .. (a) While tobacco Is being fired; or " (b) Within the 5-day period rollowlng ;' tobacco firing in the barn. (2) Collapse:' "except as provided In the Additional Coverage enUlled Collapse. But ir loss or damage by a Covered Cause or Loss resulls at the "Insured locallon'.we will pay'ror that resulllng . loss or damage. , . . ~. .' :: (3) Windstorm or hail to: , ,(a) Dairy or rarm products in the open; ,.., (b) Wateicraft .~r "ihelr trailers, fur- , nishings, equipment or outboard molors, unless within a rully en- closed building, ,(4) Rain. snow. Ice or sleet to personal property In the open: (5) Rain. . snow. sleet. sand' or dust, whether driven by wind or nolo 10 the Interior or any building or structure or the property inside a buitdlng or struc- ture, unless the building or structure first sustains wind or hail damage to its roor or walls through which the rain, snow. sieet. sand or dust enters; 1.' (, . . ,. (6) Freezing, thawing, or pressure or weight of water or Ice whether or not driven by wind, to any: .' (a) F!lundallilR or retal~I~9 wall; (b) Pavement or patio; , (e) F;,"~e; (d) Swimming pool; or (e) Bulkhead, dock, pier or wharf. (7) Discharge or overflow or water or steam rrom within a plumbing, heating, air condlllonlng or automatic fire pro- tecUve system or rroni within a house- hold appliance: '_ (a) In the rorm or conllnu,ous or re- peated seepage or water or steam over a period of weeks, months or years; .' (b) That occurs on the "Insured 10- 'callon", but is caused by discharge that takes place off the "Insured 10- callon"; . (c) Caused by or resulllng from rreez- lng, and occurring In a building or structure thatls:vacant", "unoccu- .' pied", or being constructed, unless you have used reasonable care to: , ' . (Ii Maintain hea,t, In the building or " structure; or ',; :. ,(11) Shut orr the water supply and drain the system or appliance or wate~:',l : _" '. .. ! "(d) Due to any cause other than rreez- Ing and occurring In a building or structure "vacant": ror more than 30 consecutive days Immediately be- rore the loss; or '" ' (e) To the ,extent that ,the system or appliance rrom which the water or steam escaped is, derectlve. ':: " ' FP 00 1009 94 Copyngnt. Insurance Services Qffice, Inc,. 1985. 1993 Page 21 or 33 0 ,-'; A (':' -' .... ~ .' (8) Any or the following occurrences, II " they take place In buildings or struc" tures covered under Coverage G or If the prpperty destroyed or damaged Is "rarm personal property": (a) Exploslon'cif - alco~ol' stills, steam boilers, steam pipes or steam en. gines, II you own, lease or operate them; " (b) Conditions 'or .events (other than explosions) Inside hot water boilers 'or other heating equipmenl, 10 the extenttl).at they cause ioss or dam- age to these boilers or equipment; (c) Rupture. bursting or operating or pr~ss~~e relier de~,lces; or (d) Rupture or bursting due to expan- sion or the contents or any building ,or structure, II the expansion Is : caus'ed by or results rrom water. But this exclusloo"does not apply to loss or damage caused by explo- sion or gases, or fuel wilhin the rur- nace or, any fired vessel or within ',; the " nues 'or, passages through .. which 'the' gases or combustion " ,', pass. (!lj Under Coverage A.: 8 or C. thell rrom that part or your, principal residence, including its grounds and appurtenant '. structures, which you renl to someone 'who Is not an "insured": (10) Under cove'rilge 8 or G. thellln or rrom ': '.' ;':", a building or structure' under con- . . slructJon. or .of materials and supplies for use In such construe lion until the building or structure Is completed and occupied; , ,'... . (11) Under Coverage A, B or C. thell or the " ". following property away rrom lhe 'in- ,'. : sured location": : "', . (a) Property at any residence owned by, rented to. or occupied by. an "insured". except while an 'in- sured" is temporarily residing there. But we will pay ror loss by thell or the property or a student who is an "Insured" rrom a residence away rrom home. provided the student was there al any lime dUring the 4S days immedialely precedIng the loss, ,,' " .' ,.. ~ . .~' 1 - Page 22 of 33 c) . (b) ,.ny watercrall, Its .furnishings, !lquJpment or outboard motors; or (c) Trailers or campers; .": (12) Inventory shortage; (13) Disappearance or any ~rarm personal property" or portable building or struc- ture unless there Is evidence that the property was stqien; '. (14) Vo!untary parting with any property by . you or anyone else to whom you have entrusted the property Ir induced to do "50 by any rraudulent scheme, trick, :. device or raise prelense; , (15) Unauthorized Instructions to transrer property to any persoo. or to any place; (16) Theil or or vandalism to: : (a) Any device' or instrument, ror the transmilllng. recording, receiving or reproduction or sound or pic- tures, that Is operated by power from the electrical system or a mo- tor vehicle or. mobile agricultural vehicle. uQl,ess il.ls: (I) ,Covered Prop~~; and (Ii)' Perm'anently Installed In the motor'vehicle or mobile agricul- tural vehicle. - (b) While in or'iipo'; a motor vehicle or mobile agricultural 'vetiicle, any " - tape, wire, record, ,disc or other medium ror use wlth any device or instrument lhal transmits, records. receives or' reproduces sound or pictures' and lhat Is operated by power rrom lhe eleclricai system or the mOlor vehicle or mobile agri- cultural vehicle. ";.;0, (17) Vandalism or breakage' or glass or sarely glazing material, ir lhe building , or structure Was' ~vacanl' ror more , , than 30, consecutive days immediately berore lhe loss. ~ '':'. 1 . .. Copyrighl. Ins.urance Services Qmce, Inc., 1985. 1993 FP,OO 100994 0 ~) ~ '. ; '.,. . ...... .... \1 ! v ^ (V = (18) Dishonest or criminal acts committed by you, any or your partner.';, employ- ees, dlreclors, trustees, aulhorlzed representatives or anyone to whom you entrust the property ror any pur- pose, regardless or whether. (a) That ,person acts alone or In collusion with others; or (b) The act Is commilted ..d~rlng the '~, . hours or employment. " . -.J ,..... This exclusion does not apply to loss by acts or destruction .rommitted by your striking employees. but It does . apply to employee then, -....;' '(19) Transport or "rarm personal property", except to the extent or the coverage afforded under, Covered Causes or Loss, - BASIC and BROAO. (20) Any cause Included In'the rollowlng list Ir that loss or damage is sustained by ~al')!1 m~chinery:, ' (a) Collision, upset' or overturn or rarm machinery or' equipmenl. to the ex- ... "0:: . 4' tent or any loss or or damage to the '. ". tires or Inner tubes or such ma- chinery or equipment. But we will , pay ror the loss or o,r damage to the , . : tires or Inner tubes Ir the same ac- ~ "cldent causes olher covered loss to ,] the same m~chinery or eq~ipmenl. " ,.. ". (b)' Contact between a tractor and an ,Imp/lime,nt during ,towing, hilchlng or unhitching operations. .. (c) Foreign objects being taken into any ram. maChine' or mechanical , , harvester. ' (d) Contact or a vehicle with the roadbed or ground. causing loss or or damage to rarm machinery. un- less: ' . ., . (I) The Incident causing the loss or damage occurs' on land other than a roadway. 'highway or other paved or gravelled sur- race: and .... (II) The amount or loss or damage In any,one occurrence exceeds the deductible. Ir both (d)(I) and (II) apply, we will then pay the amount or loss or damage In excess or the deductible, up to the applicable limit or Insur- ance. The deductible ror such loss or damage Is the applicable ,deductible shown In the Declara- tions, or $500, whichever is greater. (21) Artificially generated 'electric current, Including electric arcing, that disturbs: '"'I . . (a) Any eiectrlcal devices, appliances or wires; or -. (b) Under Coverages A, B. C and D, any tubes, transistors or similar '. electronic components. But: (I) Under Coverages A; B. C and D, we will pay ror loss or or damage to "electric devices, appliances or wires, provided the damage is sud- den and accldenlal. (II) If loss by fire res,ulls, we will pay ror that resull!ng loss or damage. (22) Sl)1oke, vapor or gas from: agricultural smudgll1g or induslriai operations, to any building. structure or personal . property. ' _ (23) The rollowing causes or loss to any . ,bulldlng,stru,c;ture or personal prop- erty: " (a) Wear and tear; '.. (b)' Rust. corrosion, rungus. dl!Cay. de- terioration. hidden or latent derect "...~ or any qualily In property that ,,; causes it to damage or destroy it- . _ ,.' self; " , , , . "'--,i' ..... .'"' .. .'1.: .,.:. ,", ' FP 00 10 09 94 Copyright Insurance Services Qffice. Inc.. '9S5. 1993 Page 23 or 33 0 -l i J , , , j 'i " -~ J , j 1 J 1 , , 1 ~ .__...__ _._.6 ._.. ". ___' _.. ._. . . c .... . (C) Smog; . (d) Setlllng, cracking. shrinking or ex- pansion: . (e) Birds, vermin, rodents, Insects or '. domestrc animals; (I) Mllchanical breakdown, Including rupture or bursting caused by centrirugal rorce; . (9) Dampness or dryness or atrnos- ....phere; '. - (h) Changes In temperature' or ex- tremes or heat or. cold. Including rreezlng. But this. exclusion does , not apply to rreezing or a plumbing, heating, air, conditioning or auto- matic 'fire protective: system or rreezing or a household appliance, Ir you have 'used reasonable care to: (1) Mainlain heatln,the building or . structure; or " (2) Shut orr the water supply and .' ,drain the system or appliance 'orwater; , . , , '\" . ',., (1) Marring or scratching. ' , :,' Butlr I~ss or dam'kg{i,y the "specified '. ;~ causes or loss" or building glass .~i.' breakage resulls, we will pay ror that " _ _:;, ~ resulting loss or damage.' ' In the event or water '(oi' s'tearn) dam- ';; ~ '~age not' otherWise excluded. .rrom a , '''r:'plurnbihg. healing, air coridilionlng or automatic fire prolectlve sprinkler sys- tem or household appliance. we: .(1) Will. also pay the necessary cost or " .: ._. tearing out and replacing any part or a .. _ ..covered building or structure so that I, ': '" the damaged syslertl',or. appliance can be repaired. provided, that SPECIAL Causes or Loss Is shown in the Decla- rations ror lhe Coverage (Coverage A, B or G) under which lhe building or structure is covered; but (2) Will not pay the cost to repair any de- 1':\ rect or the syslem or appliance. ~ We will not pay ror loss or damage caused by or resulllng rrom any or the rOllowing, Butlr loss or damage by a Covered Cause or Loss results. we will pay ror lhal result- " lng loss or damage, 0' '.' (1) Weather conditions. But this exclusion applies only II weather conditions con. tribute In any way with a cause or event excluded In Section C. exclu- sions below, to produce the loss or damage. " ..' (2) Acts or decisions, Including the rallure to act or decide, or any person, group, drganlzatlon or governme,ntal body. &raulty, Inadequate or derectlve: , (a) Planning, ',zoning, development, 1"\ surveying, siting; , . ~ Design, specifications, workman- ship, repair, construction, reno- vatlon,. remodeling". grading, compaction:: ',' " (c) Materials used 'In . repair, con- struction: renovation or remodeling; ..or 0".;. " (d) Maintenance; '." ' or part or all of any property on or ofr the "Insured location".' " c. We will ncit~pay rod~s; ~r damage caused by or resulting from the discharge, dls- , persal, seepage, migration. release or es. cape or 'pollutants' .unless the discharge, : J dispersal. seepage. migration. release or , , ' , 'escape Is Itself caused by any of the "specified' causes' or loss". But if loss or damage by the' "specified causes or loss" results, we will pay ror the resuitlng dam. age caused 'by 'the '"specified cause or loss". ":.' , ' d. -The following'Limitation applies: ,..' "'We will ~ol p~y ror"loss ~ror damage to: (1) "Livestock"; (2) 'Poultry'; .. '(3) Bees; .. (4).Fish; .. (S) Worms; "(6) Other animals; (7) Hay. straw or rodder; or (8) Trees. shrubs. plants or lawns, " . . '. Coovnqhl. Insurance Services Qffice. Inc.. 1985, 1993 FP 00 10 09 94 0 -----.. , .\0 - C. EXCLUSIONS ' " The rOllowlng Ex~lusions' apply when any or all , or the Covered Causes or Loss, BASIC, BROAD or SPECIAL, are speclOed In the Declarations: We will not pay for loss or damage caused dl. rectly or indirectly by any or the rollowlng, Such , ,loss .or damage I,s excluded regardless or any other cause or ,evenl that conlrlbutes concur, ,rently, or In any s~quence to the loss. 1. Ordinance or Law" , . The enrorcement or any ordinance or law: . a,: Regulating the construction, use or repair or any property; or b. Requiring the tearing down or any prop- . erty, Including the cost or removing its debris, 2. Earth Movement a. Any earth movemenl (olher than sinkhole collapse), such as earthquake, landslide. mine subsidence or earth sinking, rising :" <1.r shifting, , , ',' But:" '. (1) Ir loss or damage by fire or explosion results, we will pay ror that resulting ',' ,~:, ..loss or damage: or , '. l,' (2j 'Ir loss or damage to:.-:; .' : " ; (a) Farm machinery. vehicles and , equipment covered ror the SPECIAL .. '. q' ::.": . , Causes or Loss; or, " I" . I;';" (b) "Livestock"; '..,; . 0;: ... : Is ca~sed by earthquake, lhis Earth Movement exclusion does not apply to ~'such loss or damage. b. Volcanic eruption, explosion or erruslon, 'w' But If loss or damage by nre or volcanic " ~ action results, we will pay for Ihat result- ., ~'.. Ing loss or damage. '. '. ',,' l, Volcanic action means direct loss or damage resulting rrom the 'eruption or a ':! volcano when the loss or damage Is " 'caused by: ,.. - (1) Airborne volcanic blast or airborne shock waves; (2) Ash, dusl or particulale maUer, or (3) Lava now, .. - ~ . )j (0 i\ All volcanic eruptIons that occur within any 168.hour period will constitute a lin- gle occurrence. Volcanic action does not Include the cost to remove ash, dust or particulate matter that does not cause direct physical loss or damage to Covered Property, 3, Governmental Action Seizure or destruction or property by order or governmental authorUy, Bul we will pay ror acts or destruction ordered by governmental authority and taken at the time or a nre to prevent Its spread, Ir the nre overed under this Coverage Part. 4: Intimtionai Loss -, We will not pay ror loss or damagii arising out "or any act' committed: , a, 'By or at fhedlrectlonor'any-:'Insured"; and b. 'With the {oteni 'to cause a lo'ss. S, Nuclear azar Nuclear reaction or radiation, or radioactive conlamlnation, however caused, Butlr loss or damage by nre results, we will pay ror that resulting loss or damage, 6, Olr.Premlses Services' '". The rallure or 'power or other utility service supplied to the'.;lnsured ,Iocatlon",however .. caused,lr lhe rallure occurs away rrom the 'insured location', 'except as 'provlded under Coverage C, . ,... - , Bul ir loss or damag'j, by a Covered Cause or " Loss resulls; we will pay ror that resulting " .~ loss or damage,', ' , 7: ~ar and MlIIlary-Actl~n.: ' . a" War, Includl,ng undeclared ,or civil war, .:" .., b: Warlike action by a military rorce. Includ. . Ing 'action 'in hindering or derendlng against an actual or llxpected attack, by ~any governmenl, sovereign' or olher au- Ihorily using military personnel or other agenls: or c. Insurrection, rebellion, revolution, usurped power, or action taken by gov- ernmental ,authorily in hindering or de- rending against any or lhese, FP 00 1009 94 Copyright. Insurance Services Qffice. Inc, 1985. 1993 Page 25 or 33 C . . . , . -=' ,8. Water "" '" . a. Flood, surface' water, waves, tides, tidal waves, overflow or any body or water, or their spray, alt whether driven by wind or .!lot: .,. .".. ,. J" b. Mudsltde or mud now; , .' c. Water that backs up rrom a sewer or drain; or ...,.. d. Water under the ground surface pressing . on, or nowing or seeping through: (1) Foundations, walls, noors' or paved surfaces; . (2) Basements: whelher paved or not; or . ., :."- '(3) Doors: windows o~ o'1h~r openings,;, But: . '0 ., (1) Ir loss or damage by fire, explosion or sprinkler leakage results, we will pay for that resulting loss or damage; or ,(2)jr loss o{\Iamage ;0:.,: :.-." '- ..- ,.' (a) Farm machinery,' vehicles and 'equipment covered ror the SPECIAL , Causes or Loss;'or -, (b) ~Llveslock"; 'Is c~used by water as described In a.a. above, this Water exclusion does not apply to such loss or damage., D. AODITlONAL'COVERAGES . . j, :Addltional CO~l!r.iges "to Coverall"s. j., B, C, ., E, F and G " ,~, ,Qebris Rem~val, ',' (1) We will pay your expense to' remove debris or Covered Property caused by or resulting rrom a CO,v~red Cause or Loss that occurs during the policy pe- riod:The expenses will be paid only ir , they are reported ,tel us In ~riting within ; .' J 80 days or the date of. direct physical ",Ioss,or damage,' '. ..,', :", , '(2)' Except as provided in D,1,a.(4) below, .. ...the- most we will pay under this Addi- tional Coverage Is 25% of: -. (a) The amounl we' pay for the direct physical loss or or damage to Cov- .. ered Property: plus' '.. . -, " ',' :. .. , eO, " (b) The deductible In this policy appli- cable to that loss or damage. (3) This Additional !=overage dcie5.~ot ap- ply to cosls to: ' . (a) Extract "pollutants" ,from land or water; or (b) Remove; restore or replace pol- luted land or water.' , ' . ," , .. (4) Debris removal expense Is Included In the Limit or Insurance applying to the . damaged property. Butlr:" , (a) The amount payable ror the. sum or direct physical loss or damage and debris removal expense exceeds " the applicable L1~it or ,Insurance; or (b) The debris removal expense ex- ceeds the amount payable under the 25% limitation InD.1.a.(2) above; . , an addillonal'S% or ih'e Lhl,h or Insur- ance <,pplying to the damaged property will be available to cover debris re- moval expens.e: ' . b, Reasonable Repairs' ,,;.' . We will pay the reasonable cost to make necessary repairs 'to protect' Covered Property rrom further damage aller a loss , '. 'lris.ured against has occurred. Payment under,lhis Additional Coverage will be subject to, not In addition to, the Limit or Insurance applying to the property I . . ' " ~elng ;ep~,ired, . :' ':' , ,. 'c. Damage to PropertY Removed ror sara- . '-.'. keeping' ". We will pay ror loss io Covered Property ,damaged by any cause during or up to 30 . days aller its removal rrom a _building en- dangered by ~ Covered Cause or Loss, . p~ym'ent under this Addltlonil( Coverage will be s,!bjecl to, not in addition to. the Limit or Insurance applying to the property being removed, .'. Page 26 or 33 Copyrigtrt, Insurance Services Qrnce, Inc", 1985. 1993 FP 00 10 09 94 ' '\ / " : , 'j ~ "'- :( : .-' , " , ~' . . , . - d. Fire Department Service Charge We will pay the lIabilily you have assumed by contract or agreement ror nre depart- ment charges Incurred when the 'nre de- partment Is called to save or protect Covered Property rrom a Covered Cause of Loss. But we will not pay nre depart- ment service charges Ir the property Is lo- cated within the limits or the city, municipalily or protection district rumlsh- Ing the nre department response, The amount we pay under this Addillonal Coverage will be In addition to any Limit or Insurance that applies under this Cov- erage Form, No deductible applies to this Additional Cover~ge. 2. Additional Coverages to Coverages A. B, C and D Only a, Removal or Fallen Trees We will pay the reasonable expense you : Incur removing any rallen tree rrom the grounds appurtenant to your principal residence, provided that, in railing, the tree damaged property covered under Coverage A, B or C, and provided rurther: ,(1) That the tree Is not. Covered Property, but the cause or il~' (ailing was a Cov- ered Cause or Loss; or else ;, (2) That'the tree is Covered Property, but the cause or its railing was a Covered ,': Cause or Loss, other than nre 'or light- , '" nlng, explosion, riot or civil commotion, aircran, vehicles owned and operated by nonresldenls or the covered "dwell- Ing", vandalism, or then. Regardless or the number or rallen trees, we will pay no more than a total or 5500, b. Credit Cards and Fund' Transrer Cards; Forgery; Counlerfell Currency , (1) We will pay up to 5500. unless a higher .' Iimil is indicated in the Declarations, , ror: (a) The legal obligation or any 'In- sured- to pay because or the theft or unauthorized use or credit cards Issued to any "insured' or regis- tered in any "insured's' name, But this Additional Coverage will not apply Ir any "Insured" has not complied with all' terms and condl, tlons under which the credit card was Issued, (b) Loss resulting from theft or unau, thorlzed use or a rund transrer card used ror deposit, withdrawal or transrer of runds, Issued 10 any "In- sured" or registered in any "In- sured's" name. But this Addlllonal Coverage will not apply Ir any "Insured' has not complied with all terms and condl. tions under which lhe rund transrer card was Issued. -~.. (c) Loss to any "Insured" caused by rorger,/ or alteration or any check or negotiable Instrument: and (d) Loss to any "Insured' through ac- ceptance In good railh or counterfeit United States or Canadian paper currency, But we will not pay ror loss arising out or business pursuits or dishonesty or any "Insured". No deductible appties to this Additional Coverage, ' (2) ,Derense ta) We may make any Investigallon and settle any claim or suit thai we de, cide Is appropriate, Our obllgallon to derend any suit ends' when the amount we pay ror the loss equals the applicable Limit or tnsurance. (b) Ir a suit is brought against any 'in- sured" ror lIabilily under the Credit Card or Fund Transrer Card Cover- age, we will provide a defense al our e~pense by counselor our choice. (c) We have the option 10 derend at our expense any 'insured' or any 'in- sured's' bank against any SUit ror the enrorcement or a payment un- der the Forgery Coverage ,- '" FP 00 10 09 94 Copyright. Insurance Services Qrnce, Inc.. 1985. 199J Page 21 01 J3 0 -.4 '0 " .' . - ' . .- b, We may examine any "Insured" under oath, while not In the presence or any other "Insured" and at such times as may be reasonably required, about any matt3r relating to this Insurance or the claim, In- cluding an "Insured's" books and records. In the event of an examination, an "In- " sured's.,answers must be signed. 4, Insurance Under Two or More Coverages Ir two or more or lhls pollc,/'s Coverages ap- ply to the same loss or damage, we will not pay more than the actual amount or the loss or damage. , S. Legal Action Against Us No one may bring a legal action against us under this Coverage Form unless: a. There has been rull compliance with all or the terms or this Coverage Form; and b. The action is brought within 2 years aner the date on which the direct physical loss or damage occurred. . .. . ,. . 6. Loss Payment a, In the event or loss 'or damage insured against under lhis Coverage Form, at our option we will either: (1) Pay the value or lost or damaged property;' . " (2) Pay the cost of re~alrlng or replacing the lost or da':laged property; (3) Take all or any part or the property at an agreed or appraised value; or I' (4) Repair, rebuitd;,or replace the property with olher or like kind and quality. b. We will not pay you more than your finan- , ciallnterest In the Covered Property. c. We will give notice or our intenlions within 30 days aner we receive the proor or loss, d, Vie will pay for covered' loss or damage within 30 days aner we receive the sworn proof or loss, provided you have complied with all the terms or this Coverage Part, and (1) We have reached agreement with you on lhe amount or loss: or (2) An appraisal award has been made, ~' . . , " e. We may adjust losses with the owners or lost or damaged property Ir other than you. If we pay the owners, such payments will satisfy your claims against us for the owners' property. We will not pay the owners more than their financial interest In the Covered Property. r. We may elect to derend you against suits . arising rrom claims or owners or property. We will do this at our expense, 7, 'Pair, Sets or Paris a, Pair or Set. In case or loss or damage to any part or a pair or set, we may: .. (1) Repair or replace any part to resiore the pair or set to Its value berore the loss: or .' ' (2) Pay the difference between the value or the pair or set berore and aner the loss. ': ' " b, Paris. In case or loss or or damage to any part or Covered Property consisting or se- veral parts when complete, we ,will only pay ror the value or the lost or damaged part. .. 8. Other Insurance . " a, You may have other Insurance subject to the same plan, terms, conditions and pro- visions as the Insurance under this Cov- erage Form, Ir you do, we will pay our share or the covered loss or damage. Our share is the proportion lhatthe 'applicable Limit or Insurance under this :Coverage Form bears to the limits or insurance or all insur.lnce covering on the s~m~ basis. b. Ir there Is other Insurance covering lhe same loss or damage, other than that de- scribed in 8.a. above, we will pay only the amount or covered loss or damage In ex- cess or the amount due rrom that other insurance, whether you can collect on it or not. Bul we will not pay more than the applicable Limit or Insurance. 9, Recovered Property Ir either you or we recover any property after loss settlement, that party must give the other prompt notice. Al your opllon, the property will be returned to you, You must then return 'to us the amount we paid to you ror the property, We will pay recovery expenses and the expenses to repair the recovered prop- erty. subject to the Limit or Insurance Page 30 of 33 Copyright,. Insurance Services Qlfice. Inc" 1985. 1993 FP 00 10 09 94 0 . . . " , ,10. Transfer or Rights or Recovery Against Others to Us If any person or organization to or ror whom we make payment under this Coverage Form has rights 10 recover damages rrom another, those rights are transrerred 10 us to the ex. tent of our payment. That person or organ- Ization must do everylhlng necessary to secure our rights and musl do nolhing alter ..__ loss 10"lmpair them. But you may waive your rights against another party in writing: -.. a.. Prior to loss, '-_. .... - _..... ...-..- b. Alter a loss, only Ir at the time or loss, that party Is one or the.rollowlng: "_ (1) Someone Insured by this insurance; .." _ ..., (2) A business firm: , . _.__ .__P ..., - ...... ... _e_. .-r' (a) Owned or controlled by you; or (b) Thai owns or conlrols you; or (3) Your tenant. , . "'_,__J~l~_'t.'iIJ_not [eslr.i~l..y~~r.lD~urance. - ~.. 11. Unoccupancy and Vacancy a. Ir a building or structure Is "vacant" or "unoccupied" beyond a period or 120 con- secutive days, the limits or Insurance ap- plicable to the building or structure and ils contents will be automatically reduced by 50%, unless we extena the period or "va- cancy" or 'unoccupancy. by endorsement made a part or this Coverage Form. b. In addilion to the penally described in a, above, "unoccupancy. or 'vacancy" re- sults In certain exclusions or limitations applicable to certain causes or loss. See Section B. Covered Causes or Loss - BASIC, BROAD and SPECIAL GENERAL CONDITIONS ! 1. Concealment, Misrepresentation or Fraud This Coverage Form is void in any case or rraud by you as il relates to this Coverage Form at any time, II is also VOId ir you or any other "insured.. at any lime, intentionally conceal or misrepresent a material racl con- cerning: a, This Coverage Form; b. The Covered Property: c. Your inleresl in lhe Covered Property: or d. A claim under this Coverage Form, , . .., . " 2. Control or Property Any act or neglect or any person other than you beyond your direction or control will not affect this Insurance. The breach or,any condlllon or this Coverage Form at anyone or more locations will not affect coverage at any location where, at the time or loss or damage, the breach of condi- tion does not exist. 3, Liberalization II we adopt any revision that would broaden the coverage under this Coverage Form wllhout additional premium within 45 days prior to or during the potlcy period, the broadened coverage will Immediately apply to this Coverage Form, . 4, Mortgage Holders a, The term mortgage holder includes trus- tee, b, We will pay ror covered loss or or damage to buildings or structures to each mort- gage holder shown In the Declarations in their order or precedence, as interests may appear, c. The mortgage holder has the right to re- ceive loss payment even ir the mortgage holder has started roreclosure or similar action on the building or slructure, d. II we deny your claim because or your acts or because you have railed to comply with the terms or this Coverage Form, the mortgage holder will stili have the right to receive loss payment ir the mortgage holder: (1) Pays any premium due under this Coverage Form at our request Ir you have railed to do so; (2) Submils a signed. sworn statement or loss within 60 days after receiving no- tice [rom us or your rallure to do so; and (3) Has notified us or any change in own- ership. occupancy or substantial change in risk known to the mortgage holder, All or the terms or this Coverage Form will then apply directly to the mortgage holder, FP 00 10 09 94 CCOYrlghl Insurance Services Qffice. Inc. 1985, 1993 Page 31 01 33 0 . " , " '... e, II we pay the mortgage holder ror any loss or damage and deny payment to you be- cause or your acts or because you have railed to comply wllh the terms or this Coverage Form: (1) The mortgage holder's rights under the mortgage will be transrerred to us to the extent or the amount we pay: and (2) The mortgage holder's right to recover the rull amount or the mortgage hold- er's claim will not be Impaired, . At our oplion, we may pay to the mortgage holder the whole principal on the mort- gage plus any accrue'd Interest, In this event, your mortgage and note will be transrerred to us and you will pay your remaining mortgage debt to us. . t. II we cancel this policy, we will give writ. ten notice to the mortgage holder at least: (1) 10 days berore the erreclive date or cancellation if we cancei ror your non- payment or premium; or (2) :30 days berore lhe erreclive dale or cancellation ir we cancel ror any other reason. g, II we elect not to renew this policy, we will give written notice to lhe mortgage hoider at least 10 days berore lhe expiralion date or this policy, . S. No Benefit 10 Bailee No person or organization, olher than you, having custody or Covered Property will ben- efit rrom this Insurance. 6, Polley Period We cover loss or damage commencing during the policy period shown in lhe Declaralions. H. DEFINITIONS The rollowing words and phrases have a special meaning throughoulthis Coverage Form: 1, -Business property' means property pertain- Ing 10 any trade, proresslon or occupation olher than rarming, 2, "Dwelllng- means a building used principally ror ramlly residenlial purposes, and Includes mobile homes and modular and prerabricaled homes, .. ,.. " . "Owelllng" does not mean a building used In such agricultural operations as storage or rarm produce, "livestock" or "poultry". 3, "Farm personal property" means equipment, supplies and products or rarming or ranching operalions, Inciudlng bul not limited to reed, seed, rertlllzer, "livestock", other animals, "poullry", grain, bees, nsh, worms, produce and, agricultural machinery, vehicles and 4. "Insured" means you and, If you are an Indi- vidual, the rollowing members or your house- hold: a. Your rel:lllvP<<:4 b, Any other person. under the age or 21 who Is In the care of any p'erson speclned . , "Insured locallon" meilns any location, In- cluding Its privale approaches, described In the Oeclaratlons pertaining to this Coverage orm. 6. "Livestock means callie, seep, swine, goats, horses, mules and donkeys. 7, "Money" means currency, coins and bank noles in current use and having a race value; also travelers' checks, regisler checks and money orders held ror sale to the public. a. "Poltutants" means any solid, liquid, gaseous or thermal Irritant or contaminant, Including smoke, vapor, soot, rumes, acids, alkalis, chemicals and wasle. Waste Includes maleri- als to be recycled, reconditioned or re- claimed. 9. "Poullry" means row I kepi by you ror use or sale. 10, "Securilles" means negoliable and non- negoliable In strum en Is or contracts present- Ing either "money' or olher property and Includes: a, Tokens, t1ckels, revenue and olher stamps (whether represenled by actual stamps or unused value In a meter) in current use; and b, Evidences or debl issued In connection with credit or charge cards. which cards are not issued by you: Bul 'secunties' does nol include -money-, Page 32 or 33 COPYright, Insurance Services QJnce. Inc. '985. 199J FP 00 10 09 94 0 >: '" ~ ~ (Ij t-.: N :":';:.),t, u.J~) C'~.. n~- .- C)~( -, ' 0.: )- .:.,.. -- ~r-:: t~~;:: r' .0 ;~~\fl W~..I.. N ~~:.:: ~!~., 0.. ~.;,.~ ti::1. \,>1 l.J.'Hl. ,- rJl ".r. II. 'a:. :J 0 l.J '.. . .. ~ " . iT. U) ~~- ,.;: C": ,_. .. wO N (J:.-~ U~ .... ".J:~ G:-r: 0: ~_:1 ::J u...b ~8 \D ;~~i'!, N ~~2.~ ~.~ C- ..:.....:., u:u: ~--~u.J W t1ju.. 1'-= Ul .... 0', u_ r- ::> 0 O'l U >. ',. er; ('. i ~; ," I ~ . II~-; -- ~ -- () . , .' t.: . , .~^:: (; " , I.~) L~ I ll, : t-~ ~ ! ., . -~ I - . u. 0"';' ,I l-' (J . Cl i ~ ~ u ~ :S V) z S oll ~ ~ S ~ ~ ~ ~ ~ ! I CQ 6 o , . 5, At all times felevant hereto, Nationwide issued the Stambaughs a fafm insurance policy, policy number 58PR-907-766-0001W, providing insurance coverage for the Stambaughs' farm. A copy of the policy is attached to Defendant's Pfeliminary Objections as 'Exhibit A,' and that policy is incorporated herein by reference. A copy of the Blanket Pfotector Common Declarations forr, , felating to the policy is attached to this Amended Complaint as "Exhibit A." 6, On or about June 11, 1996, while said policy of insurance was in full force and effect, Stambaughs suffered physical loss to a dwelling and the contents thefeof located at 3418 Ritner Highway, Newville, Cumberland County, Pennsylvania, which dwelling was insured under the policy of insurance, COUNT I - BREACH OF CONTRACT 7, Notice of this covered loss was given to Nationwide in a prompt and timely manner and Stambaughs have done and otherwise performed all things required of them under the policy. 8, Nationwide, despite demand for benefits under its policy of insurance, has failed and fefused to pay to Stambaughs those benefits due and owing under said policy of insurance, 9. Nationwide has breached its contractual obligations to pay benefits to Stambaughs for a loss covered under Nationwide's policy of insurance. 10. As a fesult of Nationwide's failure and refusal to pay benefits to Stambaughs as fequired under the aforesaid pOlicy of insurance, Stambaughs have suffered loss and damage to theif dwelling and personal property, forcing them to incur the expense to repair and replace the damaged property, WHEREFORE, Stambaughs demand judgment against Nationwide for the loss to their covered property, plus interest, and costs of suit in an amount in excess of the limit for arbitration, COUNT II ' NEGLIGENCE 11. Paragraphs one through ten above are incorporated herein by reference. 12. Prior to June 11, 1996, the Stambaughs became aware that Nationwide considered their son, Gary Stambaugh, as an additional "insured' under the policy. 13, Prior to June 11, 1996 the Stambaughs requested their insurance agent, Robert C. Grove, through one of his employees, Becky Reisinger, to ensure that Gary Stambaugh was not an "insured' under the policy, as no basis existed for Gary Stambaugh to be an 'insured' under the policy. 14, Nationwide failed to remove Gary Stambaugh from the policy as an "insured' at the direction of the Stambaughs. 15, Nationwide was negligent in failing to remove Gary Stambaugh from the policy as an "insured' as directed by the Stambaughs. 16, At all times material hereto, Robert C. Grove and was an agent, servant and employee of Nationwide. 17. At all times material hereto, Becky Reisinger worked in the office of Robert C. Grove and was an agent, servant and employee of Nationwide. 18. Becky Reisinger, an agent, servant and employee of Nationwide, was negligent in failing to remove Gary Stambaugh from the policy as an "insured,' which negligence Nationwide is liable for through principals of agency. WHEREFORE, the Stamaughs demand judgment against Nationwide for the loss to their covered property, plus interest and costs of suit, in an amount in excess of the limit for compulsory arbitration, Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: 3/'/9p ~4$~ Michael A. Scherer 1.0, # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 BLANKET PROTECTOR COMMON DECLARATIONS , ~' , '\ ,NATIONWIDE . !~E~F~ ~~M~8~ o NATIONWIOE MUTUAL INSURANCE COMPANY ISSUEO BY: ll5[] NATIONWIOE MUTUAL FIRE INSURANCE COMPANY o NATIONWIOE PROPERTY ANO CASUALTY INSURANCE COMPANY Named Insured Mailing Address r GEORGE' SHIRLEY SIAMllAUGH DBA STAHllAUGl:! FARMS 3419 iITliER HWY NEWVILLE PA 17241 -, POLICY NU"'B[R 58PR-907-766-0001W L -l POLICY PERIOD: From 09-30-95 to 12:01 A,M, Standard Time at your mailing address. 09-:30-96 at Form or Business: /Xi Sole Proprietorship o Corporation 0 o Partnership Description or Business: FAllH IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POliCY, WE AGREE TO PROVIDE YOU WITH THE INSURANCE AS STATED IN THIS POliCY. This policy consists or the coverages indicated as included. The premium may be subject to adjustment. Included Nollncluded ~; Commercial Property Coverage 0 XiI Commercial General liability Coverage 0 XiI Commercial Crime Coverage 0 J@ Mechanical, Electrical and Pressure Equipment Coverage 0 J@ Commercial Inland Marine Coverage 0 J@ Commercial Auto Coverage 0 J@ Garage Coverage 0 J@ Farm Coverage ~ 0 !XX Other Coverages 0 Total Advance Premium $ 3,788. Premium Payable At Inception $ 3,788. In the event of cancellation by you, we shall receive and retain not less than $100 as the minimum premium, Forms in common to all Coverage: CAS 3228, 3687-A, 1L 00 03(11 85) 00 17(11 85) 01 12(11 93) 02 46(00 89) 0910/H0291(01 81) Countersignature Date MA 09-14-95 Agency at HARRISBURG PA 17105 ROBERT C GROVE 1807277-37 EXHIBIT "A" Agent & No, c.". :':SCi.J, Il.e~; 4, Denied. II is denied that the nl1iciul uame of the Delcndunt is "NlIlionwide Jnsumnee Com puny", Tn the ellutrury. the 11l1iciuluume of the Defendant is "Nationwide MUlual Firc lusurunee Company" (hercinuner relcrred to us "NATIONWIDE"), II is udmitted tllllt NATIONWIDE is u cnr]111rutilln licensed tn conduct business within the Cnmmonweulth of Pennsylvunia, II is alsn admitted tlmt NATIONWIDE possesses an officc in Pennsylvaniu which is loclIlcd ut Nutionwide Drive in Harrisburg. Dauphin Count)'. Pennsylvania, 5. Admitted. 6. Admitted in part and denicd in part. II is admitted that a fire occurred on June J I. 1996 which caused damage to a dwelling located on PlaintilTs' property, II is denied that coverage exists as a result of said fire. To the extent that PlaintilTs arc claiming that coverage exists from the polic)' of insurance between NATIONWIDE and PlaintilTs. NATIONWIDE denies thnt said policy was "in full force and eITect". By way of further answer. the rcmaining avcnncnts of this Answer and New Matter arc incorporated by reference, CO\JNT I - BREACH OF CONTRACT 7. Admittcd in partund denied in part, It is admitted that Plaintifis provided notice to NATIONWIDE that u lire had occurrcd on June 11. 1996, It is denied that Plaintifis have "perfOlnlcd ullthings required of them under the policy". To the contrary. Plaintifl's have not complied with ull conditions established under the policy for covcruge ~ 1;:: .:r .... r-- ..~ - " .. :5..:f u{.: - - t"J:;.."} l.. (-, - u"'" ~t .- "" ..,; t..~? c '#~ ," '"' to :~~?;') E: , _...~ Et~':-! :4- c-:;.: H1w .'- :::' Ii1C.L. I,' --, 2': Lt. cr. ::J 0 0' u .... ,n i- ~~ ..:1 ,- , b N ~ ".':' .~. us;;: ~:'):~~ <'C O.:..-! ,... ..,; ~f " -,,-:.: . .-.: .- In .~; ~~..~ ,- -0'.".1" ;.J ~. ; ;tu u:ll. :::j f' ~3.n. -- -, . II.. co ::. 0 0'\ U .. -,. ,f . '- i'; (-; -, .'- " ,(" 0..: " <., , l";- L;" , '. . I " I C~J F' : I . .::., , -' " I:: U. . , ;'r~- ". ~j I'. ("l"1: '-,/ () U , U a ~ ~ s . . '" g I I Stambaugh, 22. Denied. The allegation contained in paragraph 22 is a conclusion of law and as such, no response is required, By way of further answer, the Stambaughs are entitled to recover insurance proceeds as a result of the fire of June 11, 1996 as set forth in Counts I and II of the Complaint. 23, Denied. The allegation contained in paragraph 23 is a conclusion of law and as such, no response is required, 24. Denied, The Stambaughs do not have information to form a belief as to whether the fire in question was intentionally set by Gary Stambaugh. The remaining allegation contained in paragraph 24 is a conclusion of law and as such, no response is required. By way of further answer, the Stambaughs believe and therefore aver that Gary Stambaugh was laboring under a severe mental illness at the time of the fire and he was thus incapable of intentionally lighting the fire in question. 25. Denied. The allegation contained in paragraph 25 is a conclusion of law and as such, no response is required. 26. Denied. The allegation contained in paragraph 26 is a conclusion of law and as such, no response is required. 27. Admitted. 28. Denied, It is denied that either of the Stambaughs misrepresented any facts to Nationwide involving their claim. 29. Denied. The allegation contained in paragraph 29 is a conclusion of law and as such, no response is required, '.. -='J ~ h; ''1; ,-- :].:.; lll~:.\ - ( '-:.'. ..- {;., a: ~j~< 1-;: ~ ":J'::J I;Ji r.:." !/; I " t'. : ::;;:; , c.} 'irb 'J.. _. " L' I ::.![.l... , w '. I.:.. C-~ ~, l.' u. ,) .-.. " , ii; 1'" ~ C ,- ;:;: N !;::; U,Q ~5;'~ D.-, .... (,,);f. -~c' ,;: It' :L- ,'"").....1 ~(- ..~ ~- VJ "'_.~) -{: "1:-- u..:'" ,-1' ';;Y .dl' (..: ;))lO t:i: -' l.') ,0:1- r.::. Cl :~ t.!_ r;') :.:> 0 '" U " .... r- ~ c; c \:5 N :~"4: U1.:.. 07. 0';' - t);.,: .:t..C' -~ It.., a.. ;:., ~.:,. :.~~ I' <, '" ; 'en I' "I/: . '"', ...,..-.1' C.t', U ,.lfi 1.0-;," lJ-l t!~ )... I;: C .~'= u. ro ::J C- O" (.)