HomeMy WebLinkAbout97-05821
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JAMES D. SHOTIO and
CINDY E. SHOTIO, his wire,
PlaIntiffs
: IN THE COURT OF COMMON PLEAS OF
v.
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
97- 5l'JI CIVIL TERM
THE BRETHREN MUTUAL
INSURANCE COMPANY,
Derendant
JURY TRIAL DEMANDED
NOTICE TO DEFEND
You have been sued in court, If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint, order and
notice are served, by entering a written appearance personally or by attorney and tiling in writing
with the court your defenses or objections to the claims set forth against you, You are warned
that if you fail to do so the case may proceed without you and a judgment may be entered against
you by the court without further notice for any money claimed in the complaint or for any other
claim or relief requested by the plaintiff. You may lose money or property or other rights
important to you,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHOJl!E
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Court Administrator
Cumberland County CourthDuse
Fourth Floor
1 Courthouse Square
Carlisle, Pennsylvania 17013
(717) 240- 6200
AMERICANS WITH DISABILITIES
ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990, For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or hearing-
:,
JAMES D. SHOlTO and
CINDY E. SHOlTO. hll wife,
PLAINTIFFS
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
.
.
: 97. 58'0) I
VI.
: CIVIL ACTION. LAW
THE BRETHREN MUTUAL
INSURANCE COMPANY,
DEFENDANT
: JURY TRIAL DEMANDED
COMPLAINT
BREACH OF CONTRACT
AND NOW, thil21st day of October, 1997 come the Plaintiffs, JAMES D. SHOTTO and
CINDY E, SHOTTO, by their attorneys, Irwin, McKnight & Hughes and make the following
complaint against the defendant, THE BRETHREN MUTUAL INSURANCE COMPANY as
follows:
1.
Plaintiffs, James 0, Shotto and Cindy E, Sholto, are adult individuals residing at 435 Farm
Road, Newville, Cumberland County, PeMsylvania 17241.
2,
The defendant is The Brethren Mutual Insurance Company with its principal offices
located at 149 North Edgewood Drive, Hagerstown, Maryland 21740-6599.
The totalloSl sustained by the plaintiff is as follows:
a, Chimney Damage"""""""""""""",,,,, $1,750,00
b. Roof Repair """"",,"""''''',,'''''''''''''''''' 8,750,00
c, Deck Damage,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,,,,,,,,,,,,,. 750.00
d, Garage Spouting Repair ,,,,,,,,,,.,,,,,,,,,,,,,,,,, 275,00
Total """". $11,525,00
Less $500.00 deductible ,,,,,,,, "" """""",," 500,00
Total Due". $11,025.00
11.
Despite repeated requests, the defendant has failed to pay the claim set forth herein.
WHEREFORE, the plaintiffs demand damages against the defendant in the amount oC
Eleven Thousand Twenty Five and nDllOO ($11,025,00) Dollars with the costs oCthis action and
interest as pennitted by law.
IRWIN, Me ~T~UGHES
n0~
By: Mar . eKnlght, UI,
e Pomfret Street
lisl , Pennsylvania 17013
Cou r Plaintiff,
James , 0 0 and
Cindy E, Shotlo
Date: ~ 1997
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EXHWIT "A"
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THE BRETHREN MUTUAL
INSURANCE COMPANY
149 NORTH EDGE WOOD DRIVE
HAGERSTOWN, 1.10 21740-6599
January 1, 1996
Dear Policyholder:
I am writing to introdu.::e you to Th4 Brethren MutUDllnsurance Company. On December
1, 1995, the policyholder members of The Fannen' Mutual Fire Insurance Company of
SchuylldJl County voted to merge with Brethren', ,".'Ual. Under the Merger Agreement,
which Is effective Jlmuary I, 1996, Brethren Mu:;i .. assumes responsibility for your
Fanners' Mutual insurance policy; however, you maintain the same insurance agel1L
To legalize this change, we have enclosed A Policy Name Change Endorsement that has
~en arproved by the Penn~ylvania Insurance Deparunenl. Please auach it to your current
FtlI1l11:rs' Mutual policy. By doing so, your policy becomes a Brethren Mutual policy.
When your current policy expires, you will receive your renewal policy directly from
Brethren Mutual. Please be assured that with these changes, there is no lapse in your
insurance coverage. .
We are pleased to be your insurance company and pledge our very best effon to be of
service to you. While your insurance agent is your Mtline of contact, we can also assist
you directly. Here are our toll.free telephone numbers:
Policyholder Services
1-800-621-4264
Claims Service
1.800-621-4264
TDD Hearing Impaired
1.8()()'888.3650
Combining the service offered by your local insurance agent with that of Brethren Mutual
means we can fully accommodate your insurance requirements. We are here to sene you
and provide the insurance protection YDur need
Thanks for being a policyholder.
Sincerely,
---c::L ;??/~ ;?
Calvin M Mahaney
Presidenl/CEO/Olairrnan
The Brethren Mutual Insurance Company
enclosure
TelEPHONE 301,739,0%0 l-BQO-621,42~4 Hill I P(l().888 3650 FAX 301,739,6300
.
THE BRETHREN MUTUAL INSURANCE COMPANY
HAOERSTOWN, MARYLAND
THIS ENDORSEMENT CHANGES TIlli POUCY. PLEASE READ IT CAREFULLY
CHANGE OF INSURER NAME ENDORSEMENT
Thil endorsement modiliel iruurdnoe provided by the following oompany:
Fanner'lMutual FIr. Imuran"" Compul1Y or Schuylkill County
The IWJlC "Farmers' Mutual Fin: 1n.,urance Compeny of Schuylkill Count)'" il hereby "",Iaoed fIlCI II
lublliluled with tho name "The Bn:thren Mutual huuranoe Com",,")'" wherever i1appcars In lhIa PolI<>:.
All other 1clttl5, conditiON and limiloliolll ofthi. Policy .hall ranaln undwl&cd, Includln&, bUlllOt 1ImlUld to,
the limlIo of liability set forth In the Dccllrsliono.
To he Itlacbed to and fonn part of Policy Number:
0076456 HO
Effective dole of lhiJ cndoncmcnt: 111/96
The nll1lllln9Ured of 1hI1 Policy Is: JAMES D. & CINDY E. SHOTTO
-r';/f- 7q'"'~
Calvin M. Mahaney
PrcsidcnllCEO
The Bn:lhrcn MutuallPlwancc Company
JAMES D. & CINDY E. SHOTTO
435 FARM ROAD
NEWVILLE PA 17241
BMJ.FM 01 96
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Policy Number 0016456 110
Your Homeowner'. Policy in plain langu89'
MUTUAL COMPANY
-
Renewal 01 ti f\.'
NONASSESSABLE POLICY.
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....ECLAAATlONS:
Named Insurad and P,O. Addr...
(Nflfflbtt" Sunt, Town or em'. County. S",.. Zip CothJ
JAMES D, " CINDY.:. SIIOTTO
4:1; t'AIlH IWAD
NEWVILLE
Policy Period:
From 12;:11/93
I'A 17241
HILLE\! INS. ASSOC., INC.
02S4'.00
, Agen t
to
12/31/96
ID 12:01 a.m. Standard Time
The Described Location covered by this policy Is located at the above address, unless otherwise stated.
fNumblr, $ 11ft". raMon Of CIty, County, $t.,., ZIP CcxhJ
PENN TOWNSIIIP, CUHBERLAND COUNTY
Thit replec>>. ,II previou.lv tJluld policy o.cl"'110nt, If .ny. Thi. policy Ipplin only 10 ec:cidenu. OClCUffenonor 10." which ~ptn during the policy perQd thown
1Ibov.. 11th, policy it writt.n on I continuous bllil. Neh ptdod of on. yea' .nding on the .nnu".nni~rsary dltl of this policy cannilu'". a.eper'" policy period.
Thit policy applie, only to thoM cOv.r8g" below for which. limit of liability or ptemium ch.rge I, shown. Our limit a'liabillty fOl 11th eave'. ""II be not more
Ih.n thl emounl U&led fo, klth coverage klbl.et 10 aU the ..,m. of thit pollcv
I Property Coverages Limit of Liability Deductible All Peril.
A. A.sidence $ 110,000 'l2!J0 Dt;IJlICT1BLE APPLIES
B. Aelated Private Structures on the Premises $ 11,000 Subj'ct Tp Following Fo'mt .nd Endon.m.nu Premium
C, Personal Property $ 77,000 HL-!J!J 24.00
D, Additional living hpen.a Ind loss 01 Rent $ 22,000 INC. /. 6.00
HL-216 !J.OO-
HL-46 9.00
.00
Personal Liability Coverage limit 01 liability .00
l. PeriOnal Liability Each Occurrence $ 300,000 FORH-3("1-BB) , H/.-SS(7-BB) ,
M. Medical Payments to Others Each Penon $ 1,000 ML-216{7-B6) , Hl.-48 (7-66)
t'H8{3/1l0) MLB3( 1/Bll) MJ.120 ( 41 B 1 )
HJ.l47 (II 67 ) Ml.I51{7/(6)
BASIC PREMIUM $ 21600 ANNUAL TOTAL PREMIUM 1$ 2/2.00
Addillonol f"IOt/nee p'emlle'. II any. louted_ INo., SUtel. To.,.n or Cty, County, 51111. ZIP Code I
MonQ'9u I, I \I'tA"'E AND ADDRESSI
0130-10 PENNSVLVANIA NAT'/, BANK 1 S. CENTRE STRH1'
1',0. 110X C I'OTTSV11.1.I: PA 17901
, Owt'tllnll 1 rxxlanlJnl':n t,n4l"1 Zone 1 PrOI. CI. P P Pr.mium Group No. 26
. OCCUPied bv n Number of Apanmenu In buildIng
,
~; Construction Fram. XX Fire Ani'live Srick. Sian. or Mesonr., Ven..r
I T of dwelling Fr..". With aluminum 0' planie ,idina Brick. SIO~. or MelOn,y
, 1,1 T.... OPt{',brrl dwfll"'lJ" ....., ....0,..1. lbl nu b".....,.. Pu'W,I, tfP ,o"ducftd Uf\ l~dft(lobltd p',mIM..lel'''. dftcr,b<<j p',,,,,,,, II lh, ont., llftnl.... "''''',' ''''. ~emed I"""red Of 1IlOU.
. ma,n'."'1 . '''.liPOC'' Olh., 11041'" bul.o"..1 01 f...", P'O&M'CI".ldlf'" ,..."",1'd........0 ,,,,II to".. ,",dt-nu ,mpla,,",.I. 1.1 ,"'. 'n....,1d hll no OUI~d lnOuul.1 Of ",,,_cr." Ol"-""'i~~ded
",ndt, lh,. pO"c" 10' "''',ch ('O".,-vt "dtlIFtd E IC-OI,on. ., .n" to 1.1. III I. lei. lell. 1,1. Of 1., ...... mllln,,,, "0 IIt.pllO,,1
AGENCY AT: S IlROOKWOOD AVENUI:: CARLISLE PA n013
71"'243-4400
Countersignature Dlte
~~Ihorq-::t~
In, '"do-, <"1""<0""" .....'~, ,.1 ,,' "''''S ... p, ,,, p",n'.n,QI' (,f'U't' '11'" AAI', 1911i
ML-dS
(Ed. 7-88)
MIS
REPLACEMENT VALUE
1. We agree to cover the replacement value of the
loll owing covered property:
a. Coverage C - Personal Property;
b. Domestic appliances and window air
cond~IDners;
c. Carpeting. curtains and drapes;
d, Awnings and canopies; and
e, Antennas,
2, Definition - Reptacement Vllue means the cosl to
repair or replace the property w~h new property of
equivalent kind and quality to the extent practical,
without deduction lor depreciation.
3, Property Not Covered lor Replacem.nt V.lue - This
endorsement does not epply 10 the loIlowlng
proparty:
a. bUllne.. property;
b. property not owned by an Inlured;
c. film, tapes, cassenes. records, magnetic
recordings or similar property; ,
d. artIdes of art 01' rarity \hat cannot be duplicated;
e, property covered by any scheduled Insurance:
I. memorabilia. aouvenlrs. collector's ~ems end
similar ~ems whose age or history contribute to
~s value;
ML-55
MIS
g. kems not maintained In good or workable
condition; or
h. Items that are outdated or obsolete and are
Ilored or not being used.
4, Our limit - We pay the lesser 01 the lolIowlng
amounts lor each covered kem:
a. the applicable limit;
b. an amount nDt grealer than your Interest In the
property: .
c. the replac.ment Vllue DI the proparty as
defined In this endorsement; .
d. lour times the actual cash value 01 the property
al the time ollolS: or
e, the amount computed alter applying the
dljductlble or other IIm~atlon applying to the
lOIS,
5. When the replacement value Is more than twice the
actual cash value 01 the damaged property, w. are
not liable lor more than the aclual cash value 01 the
10lS until aClual repair or replacement Is completed.
You may make a claim lor the ectual cash value
amount 01 the loss before repairs are made or
replacement Is completed. A claim lor any
add~lonaI amount payable under this prO'Jlslon must
be made within 1 eo days altar the loss.
Copyright 18SS
FARMERS' MUTUAL FIRE INSURANCE COMPANY
OF SCHUYLKILL COUNTY
ORWIGSSURG. PA,
ENDORSEMENT
It Is egreed that Ihe paragraph(s) below are made a part 01 this polley.
OCCUPANCY CLAUSE
In consideration of the rate at which this policy is written it is agreed Ihat !he
occupants of the dwelling described hers In are nol directly engaged In larmlng'as
an occupation or commercial operation, and that such farming as Is conducted on
the premises Is only Incidental to the occupation 01 the land as a placo of
residence.
EXCLUSION OF FARM.TYPE OUTBUILDING(S)
It Is agreed that Coverage "B" Appurtenant Structures, does not cover barns or
any larrn-type outbulldlng(s) as an appurtenant structure under this policy.
FM-S(3/80)
ML.141
(Ed. 1-11)
MIS
PUNITIVE DAMAGE EXCLUSION
ThiS policy does not cover punitive or exemplary damages or related defense costs. this exclusion applies regardless
of any provisions of this policy or endDrsemenls altac~ed 10 It.
ML.141
e CIpyrIpl 1111 MIS
ML.I20
lEd. 4-811
AAIS
PENNSYLVANIA
Inlurlnu Conlulllllon 8.rvlm EXlmpllon Act. Nollu
This company may prDvlde consullallDn services such as inspechons or surveys Dt your properly in accordance with Ihe
provlsiDns ot the policy, These services may reduce the likelihood 01 '"Jury, death Dr loss,
This nDlIce is required ID be prDvided to you by the 'Insurance Consullahon Services exemption Act" 01 Pennsylvania, This
act prDvides Ihal wo, our agents. emplDyees. or service contraclors are not liable tDr damages from injury, death or loss
occurring as a resull Df an act Dr omission by a person," the course 01 such serVices,
The Act does not apply:
1. lithe injury, dealh or IDSS occurred during the actual performance ollhe cDnsullatiDn services and was caused by our
negligence or the negligence Df our agents. employees or service contraclDrs;
2, TD consullallon services performed under a wrillen service conlract nDt related 10 the policy; or
3, II an act or omission by us. Dur agents. employees or service conlractors is determined by law to constilule a crime. actual
malice or gross negligence,
Thll nollc. mUll b. IlIlched to III new Ind renewll pollei...
ML.I20
AAIS
Copyright 1981
MIS .
WW3
Edt.o
AMENDMENT OF POUCY TERMS
PENNSYLVANIA
1. Under Incklentll Properly COvetllg.e. DebrIs
RtmOYIII II emended by;
We pay up 10 $500 to FIlIlIOII8 ltIlen Irees from lhe
INured Ilftml... II a atructur. COIIered under this
policy II damaged by WIndstorm or Hal or Welghl
erllce. Snow or 51881 and. .s a result erI such weath.
er condttlons. the Governor erI P8lVISytvanIa declares
lhe ar88 In which the Inlured prem.... Illocaled 10
be a disaster ar88,
2, Under Coverage M - Medical Paymentllo Othen.
lhe Ihree year lime IImllallon doeI net apply 10
expenses lorluneraJ r.eMces.
3, The Cancellation and Norventwal concIttlons are
replaced by:
Ctinc.llatlon and Norv.newaf - You may cancel
this polley by returning lhe policy 10 ua or by giving
UI wrII1en noIlce and stating at whal Mure dale
coverage Is to SlOp,
During Ihe IIrst 60 days this policy Is In effect, WI
may cancel lor any reason.
II this policy has been In eIIect 60 days or more. or
II k Is a renewal erI a policy Iasued by UI. WI may
cancel or not renew only lor the lollowtng reasons;
ML..a Ed 1.0
a, lhe premium has noI been paid when due;
b, lha policy was obtained through fraud. mat""
m1sreprM<<ll8tlon or omission erI Iael which, .
known by UI, WOOd havlI caused ua net 10 iIIue
the policy; or
c, there haa been a malerial change orlncreesa In
hazard 01 the risk,
Wa wi! give you netlce alleast 30 days In advance
01 cancallatlon or nOIVenewaJ. Our notice w111t118
the reasons lor cancellation or nOIVenewal,
TIlII policy terminates automatically on .. expiration
or anniversary II you; .
a, aurrender the policy to UI;
b, have netlfl8d ua or our agent In wrtIlng erI YOII'
Inlent net to renew; or
c, have not paid the renewal orlnslallmenl premltln
when due.
WI may cancellhls policy by wrII1en notice 10 you
allhe address shown on lhe Declarations,
Your retum premium. II any, will be refunded Illhll
time erI cancellation or as aeon as practical, Peymenl
or lender erI the unearned premium Is not a concIlIon
01 cancellallon,
CopyI1gIlI WCMlCC. _ _ "'....... SoMoot
MIS
DEFINITIONS
1. The words you and your mean the person or
persons named on the Declarallons and your
.pouse " a resident 01 your household, The words
we, ue and our mean the company pro~ldlng this
Insurance.
2, Bodily Injury means bodily harm to a persDn and
Includes sickness, disease or death, This also
Indudes required care and loss 01 services,
Bodily Injury does not mean bodily harm, sickness.
disease or death that arises out of:
a, a communicable disease; or
b, the actual, alleged or threatened sexual molesta.
lion 01 a person.
3, Bu.ln... means a trade. a pro:esslon or a/l
occupation Including farming, all whether lull Dr part
lime. This Includes the rental DI property to others,
II does not Include the occasional renlal lor
residential purposes 01 the pII" of Ihe In.ured
preml.e. normally occupied solely by your
household,
Bu.lne.. Includes servlces regula~y provlded by en
In. urad lor the care 01 others and for which an
In.urad Is compensated, A mutual 8l<change r:A like
services Is not considered compensallon.
Bu.lne.. does not Include:
a, the Incidental acllvllles that ere usually performEY.l
by nliuurs, or
b, e,"':;lles t: at are related 10 bu.ln.... but are
u, "ally vle"ocl as non-buslne.. in nalure,
4, Credit Card means a card. plate, \:oupon book or
other credit de~lce existing for the purpose of
obtaining money, property, labor or services on
credit This Includes debit cards or fund transler
cards used 10 depo~lt, withdraw or transler funds,
5, Dome.tlc Emploype mOJn3 a prorson employed by
en Inaured to perform duties that relate to the use
and care of the In.ured preml..., This Includes a
person who perfC'rms duties of a similar nature
elsev,here lor an insurad, This do~s nollnclude e
person while performing duties in cDnnecllon with
the bualne.. of an In.urad,
6, 'n.ured means:
a you;
b, your relatives" residents of your household;
FORM 3
AAIS
c, persons under the age vi 21 In your care Of in the
care 01 your resident relatives: and
d, your legal rapreaentatlve " you die while Insured
by this pellcy, ThIs person Is an In.1nd My with
respect to Insurence on covered property and
lIablllly arising out 01 the property, An In. urad at
the time 01 your dll8th remains an In.ured while
residing on the In. urad preml...;
Under Co~erages L and M. In. urad also Includes:
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e, persons using or caring lor watercraft or animals
owned by an In.1nd and to which this Insurance
applies (This doea not Include persons using or
caring lor watercraft or animals In the course 01
bu.ln... or wllhout the owner's consent);
I. persons In the CDurse of performing domesllc
duties that relate to the Iniurad preml...; and
g, persons In the course r:A acting as yow real estate
manager IDr the In.urad pre mi...,
Each DI the abov~ Is a separate Ineurad, but this
does not Increase our limit,
7. Inlured Preml...
a, Described Locallon:
1) II you own the one- to lour.lamlly house
described on the Declarations. the In. urad
preml... means that house, related private
structures and grounds at thatlocatlDn,
2) II you own the townhouse Dr raw house
de3crlbed on It,e ::'c.::ara'.. IS, t:1,l In.urad
preml,e. means th1>ltown~"'lse Of' "HI hou'
h,lalc',j private strut! Jles d": grour,'~.IlSed ~r
occupied solely by your household IOf residen-
tial purposes at that location.
3) If you own the one- Of two-Iamly mobIe horne
described on the Dllclarallons, the 'n.ured
premlae. means that mobile home, related
private structures and grounds at that location,
b, Under Coverages L end M. 'n.ured praml... also
Includes:
1) other premise. shawn on the Declarallon.:
2) that part r:A a resldenllal premises acquired and
to be used by you whne this policy Is in eIlect;
3) all vacant land awned by or renled to en
Insurad. this Includes land where a nI.ldence
Is being built lor the use 01 en In.ured, This
does not Include larm land;
4) your cemetery lots end burial ~aulls or those
01 your resident relatives;
. 1 .
Copyright 1888
t-..
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sf lhal pail 01 rllllldentluJ prernl&w. nol owned by
an Inlured, while temporarily used by an
lnlured;
Q) premlsel used by you In connection wtlh Ihe
described locallon;
7) all accen wayft Immediately adjoining the
t.JaUrId preml...; end
8) lhal part 01 premlsea ~ rented to en
Inlured lor other lhan bUlln"l purposes,
8, Umh mean. the IImtt oIllabutty that appUe.,
9, Motor Vlhlcla ~rII a motorlzed whlcle, a lraler
or a I8ml.traller, and ell attached machinery or
equipment. W:
a, Ills lublectto motor vehicle registration; or
b. tt Ie designed lor use on public roade.
10, Motorized Vehicle mean. a ..1I.propelled land or
amphlbloue vehicle regardless 01 method 01 .urface
contact This Includes parts and equipment,
ThIs dOlI nol Include vehicles that era deslgned and
U88d to asslsllhe handicapped and ara not raquIrad
to be licensed lor road un,
11, Occurrence meana an accident, Thl. Includ8l1011
Irom repeated expoaura to .lmUar condttlonl,
12, Pollu1ant means any .0Ud, liquid. galMlOUS, thermal
or nJdloactMllrrltart (JI cortarnInarC. including acids.
elkalls. chemicals, lumes, .moke. aoot. vapor or
waste, Waste Include. materials to be disposed 01.
recycled. reconditioned or reclaimed.
t3, Property DI_gI meanl physical Injury to tangible
proparty. Thl. Includ81 the los. 01 ute,
14, R.cr..Uon.1 Motor V.hlcl. means a motorlz.d
v.hlcl.. a trailer or attached equipment that II
designed or la uaecl lor leisure time activities and
which la not a motor vehlcl.,
15, R.lld.nce means a one- to IDur-lamUy house. a
townhouse. a row house or 11 one- or two-Iamlly
mobile home.
16, T.nn. means all provlalona. limitations. exclusions,
condttlone and deflnttlona u.ed In thl. policy,
PROPERTY COVERAGES
PRINCIPAL PROPERTY COVERAGES
Co_ge A . R..Id.nce . We caver Iha rasldance on
the Inlurad pr.ml.... Thla Includes eddlllons and
bultt.ln component. and lIxtures and building materials
and eupplles located on the Inlured pr.mll.. lor use
In conslructlon 01 or to the r..ldanc.,
W. do not cover land, Including the land on which the
properly Is located, underground water or surtace water.
W. do nol cover lraes, plants. shrubs and lawns. except
as provided under Inddental Property Coverages,
COl/lfllg. B . R.lated Prlv.te Structur.1 . W. cover
related private structures on the In.ured preml...
which are not attached to your r..ld.nce, Structures
that are connected to your r..ld.nc. by only a lence.
a utility line or a slmUar connection are not conaJdered
anached,
FORM 3
MIS
W. cover lences, drtveways, .ldewalka and other
permanenlly Inslalled outdoor lIxtures. and buDding
materials and supplies located on the Inaurecl praml...
lor use In construcllon 01 or to a related private
structure,
We do not cover land. Including the land on which the
property Is located. underground water or surface water,
We do not cover structureft used lor bUllne.., This
does nClt apply to structures:
1, rented to a tenanl 01 the r.sldenc. on the In.ured
pr.mll.' end not used lor bu.ln...: or
2, used solely lor private garage purposes,
W. do nol COV8t' trees, PerU. shrubs and lawns, except
es provided under Incidental Property Coverages,
.2.
Copyright 188S
Coverage C - Perlon.' Property
1. We CCYer personaJ propertv owned by or In the care
01 an Inlurld, Coverage for personal property
usually on resldantlal premises 01 an Inlured Olher
than the Inlured premll.. la IImhed 10 10 percern
oIlhe Coverage C limit,
2. We cover personal property In a newly acquired
principal relldence, The full Coverage C limit
epplles for 30 days from the date you begin 10 move,
Aller that. ccyeragB for personal property In a nev.1y
acquired principal mldence Ie IImhed 10 10 percenl
of the Coverage C limit This coverage daM nol
eX!end pastlhe date on which the polley expires or
the date on which lhe policy Is lermlnated,
3, I'J YOl8' option, personaJ propertv owned by a gueSl
nr domllUc employ.. Is covered while h Is In thet
part a residential premises occupied by an Insured,
4, Uml\atlon. on Cartaln Property - The speclalllmlla
lhewn below do nollncrease Ihe Coverage C limit,
The limit for each class Is the 101Bl limit per
occurrence for all hems In thel class,
0.. S:OO en money, bank notes, bullion. gold other
than goldware and gold. plated ware. sUver other
lhen silverware and sliver. plated ware. platinum
and numismatic properly,
b, $1.000 on lecurlllea. atamps. philatelic propertv.
bill, leMrs a credh. notes ;>ther than bank notes,
tlckels. accounts, deeds. evidence of debt,
passports and manuscripts.
c, $1,500 ler 1058 by Ihe,t of Jewelry, watches.
precious and semJpreclous stones, gems and Iura.
d, $2.500 for loss by theft Df silverware, goldware,
peWlerware and hems plated whh gold or sliver.
e, $2.000 for loss by theft 01 guns and hems related
to guns,
f, $1.000 on walercraft Including their trailers.
furnishings. equlpmenl and motors,
g, $1,000 on lrallers nol otherwise provided lor.
h, bu,'ne.. properly up to the amounts shown
below:
I) $2.500 while on the In.urld pr.ml...;
2) $250 while away Irom the In.ured preml.u
5, Peraonal Property Not Covered. We do not CCYer:
a. propertv covered by scheduled Insurance;
b, animals, birds. fish or Insecls;
FORM 3
AAIS
c, motorlzld vehlcl... unlesa used only to service
tha In.urld pr.ml... and not required to be
licensed lor road use;
d, aircraft, Including their parta and equipment;
., properly DI roomers and boarders who ere nut
Inlurld.;
f. Irees, plants, shrubs, and lawns. except as
provided under Incidental Propertv Coverages;
g. electronic devices. accessories. or antennas that
may be Dperated from the electrical .ystem of a
motorized vehicle. farm equipment or watercraft
while In or on the mDtorlzed vehicle, farm
equipment Dr watercraft, This Includes IIIms,
li1pes, wfres, discs, records or other media for use
whh such devices; or
h, los~ that results from credit carde, except as
provided under Incidental Propertv Coverages.
Coverage D . Additional Uvlng Coil. end lot. 01
Rent Coverage - We pay the necessary end nlBsonBble
IncnlBse In IMng costs you Incur to maintain the normal
standard Df living of your household K a parl of the
In.urld preml... Is made unfh for use by an Insured
loss, We pay only for Ihe period of lime reasonably
required 10 maka Ihe In.urld preml... fh for use or to
88I1le your household In new quarters, ~ Ie Iesa.
This period of time Is not IImhed by the policy period.
We pay for the renl you lose or the fair rental value If
the parl of the In.ured preml... ranted or held for
rental 10 others Ie made unflt for use by an Insured loss,
We only pay for Iha period of time reasonably required
to make the In.ured preml... fit for use, Loss 01 rent
Ie the amount you wOOd hava received less the charges
and expenses that do not continue whUe the In.ured
preml... Is unfit for use, 1 his period of tlma Is nOl
IImhed by the policy period,
We pay your additional living costs and loss of renllor
up 10 two weeks K the premises neX! to lhe Insured
premlae. Is damaged from a perU Insured against by
this policy and you may not. by order 01 clvU authority,
usa the Inlured preml..., This Is nol IImhed by the
policy period,
We do not pay lor loss 01 rent or costs due 10 the
cancellation 01 a leasa or an egreement
.3.
Copyright 111SS
,
INCIDENTAL PROPERTY COVERAGES
This polley provides Ihe loll owing Incidental Property
Coverages. They ere subject to all of the lerml 01 the
applicable Coverages A, B or C. These coverages
provlde add~lonallnsurance unlesa otherwise staled.
I. Emergency RemoVlI
This coverage does nol Increase the limit. shown
for the property being removed,
W. pay lor loss 10 covered property thaI Is moved
from a premises to prevent a loss from perts Insured
against. The property Is covered lor direct physical
IoaI not excluded, lor up to 30 days. This ClMlrBg&
does nol extend paSI the dale on which Ihls policy
expires.
W. pay up to $250 towing charge 10 move a
covered mobile home that la In danger from a perU
Insured against.
2. D.brl. R.moVlI . Wa pay the cost to remove the
debris 01 covered property after an Insured loss,
When Ihe covered loss, plus Ihe cost 01 debris
removal Is more than the limit lor the damaged
property, up 10 an extra 5 parcenl 01 Ihls limit may
be applied 10 cover debris removal.
This coverage does not Include costs to:
a. extracl pollutlnllfrom land or water; Dr
b. remove, restore or replace polluted land or water.
W. also pay up to $500 to remove 1aI1en trees which
cause damage to covered property II:
a, the lalllng 01 the tree Is caused by a peril Insured
against under Coverage C; and
b, coverage Is not provided elsewhere by this policy.
3. Fir. Departmenl Service Charge - We pay up to
$500 lor charges assumed by you under a contract
or agreament when a lire department Is called to
save or protect covered property from a pert Insured
against.
FORM 3
AAIS
4, Cf*llt Card, Forgery Ind Counltrfalt Money - W.
pay up to $1.000 II an In.ured:
a, by law must pay lor the unauthortztd uee 01 oredlt
card. Issued or registered In Ihe name 01 an
In.ured;
b, has a loss when checks, dralls, notes or
negollable Instruments are lorged or altered; or
c. accepts In good la~h counterfe~ Un~ed States or
Canadian paper money.
We do not pay lor a loss II:
e, the In.ured has not compiled wlth the rUes under
which the credit card was Issued;
b, the loss Is caused by Ihe dishonesty of an
In.ured; .
c, the losa results Irom the bu.ln... of an In.ured;
Dr
d. the loss occurs while a person who Is nO! an
In.ured has the credit card w~h the consent of
an In.ured.
i
I
I,
5. Tr..., Plant., Shrub. or Lawn. - W. pay lor loss
10 tree~, plants, shrubs or lawns on the In.ured
pr.ml." caused by:
a, Fire or Ughtnlng, Explosion, RIO! or Civil
Commotion, Aircraft;
b, Vehicles . not owned or operated by an occupant
01 the Inlured preml...; Dr
c, Vandalism or Theft.
You may apply up to 10 percent 01 Ihe Coverage C
IImll to cover trees. plants, shrubs or lawns, We do
not pay more than $500 for each tree, pIanl or shrub,
This Includes the cost to remove the debris 01 the
covered lIem.
We do not cover trees, plants. shrubs or lawns
grown lor buslnell,
6, Grave M.rker. . We pay up to $1,000 lor los8 to
grave markers and mausoleums caused by a perU
lhat epplles to Coverage C.
.4.
Copyright te..
PERILS INSURED AGAINST. COVEfli,GES A, B, C AND D
Co.e"ge A - Relldence and Coverage B . Related
- -'. Structur.a - This polley covers the r..ldlnca
_ J filiated private Sl-'!ctures on the Inlur.d pr.mll"
I.; rbks 01 direct I-nysiLaI loss unless lpeclflcally
excluded,
E , 'Iullona . Apply to Coverage A .nd Cov.rag. B -
The IoIlowlng exclusions apply In eddltlon 10 the
Exclusions ThaI Apply To Property Coverages:
1. Frltzlng. Dllcharga, ltlklga or Ov.rflow .
Unoccupied RtlldllOCI - lithe r'lld.nee Is vacant.
llnoccupied or under construction and unoccupied,
Ifle Inlured must take reallOMble car. to:
a, maintain heal In the buDding; or
b, shut off tho water supply and completely empty
flqulds IrDm plumbing, healing or alr.condhlonlng
systems. waler heaters or domestic appliances,
II the lnaured lals to do this, WI do not pay lor loss
caused by Ireezlng or the resulllng discharge.
leakage or ovarflow Irom such system, water healer
or domestic appliance,
2, Frltzlng, thawing, Pratlura or Walght ollc. or
Water . Wa do not pay lor damage to structures
(other Ihan buildings, carports or mDblle homes)
such as swimming pools. lencas. retaining walls,
piers, wharves. loundatlons. patios and paved areas
caused by Ireezlng, thawing or pressure or weight
01 Ice or water whether drlllen by wind or not
3, Than - W. do not cover theft or a"empted theft In
or to a residence being built. or theft ", materlal~
and supplies lor use In conslrucllon 01 the
r..ld.nce, untR the r..ldence Is finished and
occupied,
VS'KJ":'3n, '" ClalS Breakage - W. do not pay for
loss caused by vandals or breakage of glass while
the rasldenca Is vacMt Ic,r more than 30 days In a
row before the loss, A r'"id.nce belny buill Is not
vacant
5, Seep.ge or leak.g. - W. do not pay lor loss
caused by repealed or conllnuous seepage or
leakage DI liquids or sleam Irom within e plumbing,
heating or alr.condlllonlng system. water healer or
domesllc appliance,
[<cepl as rrovided above, we pay lor loss caused
by tole eccidentalleakage. overflow or d.scharge 01
liquids or sleam Irom a plumbing, healing or air.
condllionlng system or domesllc appliance, We also
pay the reasonable cost 01 removing and replacing
FORM 3
AAIS
those parts 01 the building or mobile home
necessary to make repairs. W. do not pay lor IDSS
to the system or domestic appliance Irom which the
I,quld or steam escapes,
6, Se"lIng, Cricking, Shrinking, Bulging or Ex-
panding . w. do not pay lor losa caused by the
se"lIng. cracking. shrinking. bulging or expanding 01
a building struclure or mobile home. pavements,
pallos or other outdoor structures,
7, Blrdl, V.rmln, Rod.nta, Inllct. or Domtltlc
Anlmala . Wa do nol pay lor Iou caused by birds.
vermin. rodant.. lnaeet. or dom8ltlc anlmall.
However. " do pay lor collapse of a building or a
part of a buldlng caused by hidden Insect or vermin
damage, (Collapse does not mean se"lIng, crack.
lng, shrinking. bulging or expanding,)
8. Smoka - W. do not pay lor damage caused by
smoke Irom agricultural smudg,"g or industrial
operations,
Wa pay lor an ensuing loss by Fire. Explosion, Smoke
or Glasa Breakage whlch resUts from any of the aboYe.
unless the ensuing losa hsellls excluded,
Coveraga C - Peraonal Property - This policy Insures
against direct physical loss to proparty covared under
Coverage C - Personal Property. ~used hy the
IoIlowlng:
1, Fire or lightning
2, Wlndltorm or Hall
a, W. do not pay lor loss to property Inside a
structure, caused by dust, rain, sand. sleet. snow
or water. all whether driven by wind or not, which
entsr through an opening not made by the direct
lorca 01 wind or hail.
b, W. do nol pay lor loss to watercraft and their
trallsrs. lurnlshlngs, equipment and motors unlen
Inside a fully enclosed building. We do cover
canoes and rowboats while on the In.ured
premises
3, Explosion
4, Riot or Civil Commotion
5. Alrcr.1t
- 5-
Copyrlg ht 1881
6, V,hrcl..
7. Sudd.n .nd Accld.ntel O.meg. from Smoke .
W. do no! pay lor loss caused by smDke Irom
agrtcultural smudging or Industrial operations,
8. Slnkhol. Collep.. - This means I08S ClIused by
sudden settlement or collapse 01 earth supporting
covered property, The earth settlement or collapse
must resultlrom subterranean voids created by the
action 01 water on a IImestDne or similar rock
lormatlon,
W. do not cover the value Dlland or the cost 01
III ling sinkholes,
9, Volcanic Action. This means:
a, airborne volcanic blast or alrbcme shock waves;
b, ash, dust or particulate matter; Dr
c. lave flow.
W. do not cover removal 01 esh, dust or particulate
matter that does not cause direct physical loss to
covered property.
10. V.nd.lI.m - W. do not pay for loss N the Inlured
pr.ml... Is vacant for more than 30 days In a row
just belore the loss, A r'lld.nc. being built Is not
vacant. .
11. Th." - Thla Includes attempted thell.and loss 01
properly Irom a known place when ft Is likely that
theft occurred.
a. w. do not cover thell by an Inlurad,
b, W. do not cover thellln or to a rllldlnCI being
built. or thell 01 materials and supplies lor use In
conslnJcllon 01 the relldenee, untl the resldenc.
Is finished and occupied,
c, W. do not pay lor loss 01 a precious or
semiprecious stone Irom fts setting,
d. W. do not pey for losa that results from the thell
of a cr.dlt card, except as provided under
Incidental Properly Coverages.
e. W. do not cover theft Irom a part DI the
relld.nc. usually occupied solely by an Inlured
whlla ft la rented to o!hers.
I. w. do not cover theft that occurs away IrDm the
Inlur.d premllel 01:
FORM 3
MIS
1) property whll. on the part Of i81lldentlal
premises which an Inlured owns. rents or
occupies. except for the time while an Inlured
temporarly resides there, W. do cover the
property 01 an Inlured who Is a IuII,tlme student
while ft Is In the IMng quarters occupied by the
etudent at school;
2) trailers and their equipment;
3) campers or camper bodies; or
04) watercraft end their lurnlshlngs, equipment and
motors,
12, F.lllng ObJectl
a, W. do not pay lor loss to property Inside a
structure, unless the object has Ilrst damaged the
walls or rool by Impact.
b, W~ do nDt pey lor loss to the object which lalls,
13. W.lght 01 Ie., Snow or SI..t which damages a
structure or the properly Inside. We do not pay lor
loss to .wnlngs or canopies .nd their supports or
swimming pooIa.
14, CollaplI 01. BuildIng or a Plrl 01 a Building
(Collapse does no! mean eettllng. cracking, shrlnk-
lng, bulging or expanding,) W. do not pay lor loss
by collapse that results Irom an excluded cause or
event. .
15, Sudden Ind Accldent.1 T.erlng Ap'rl, Cracking,
Burning or Bulging of a heat or alr.condlllonlng
system or water heater - w. do not pay lor 1088
caused by freezing,
l6,Accldentet Ollcharg. or Overflow of Uquldl or
Stllm IrDm a plumbing. heating or alr.condlllonlng
system or Irom a domestic appliance.
a, We do not pay lor loss caused by continuous or
repeated seepage or leakage,
b, w. do nDt pey lor loss N the r'lld~nc. has been
vacant lor more than 30 days In a row lust before
the loss, A r..ld.ne. being buill Is not vacant.
C, We do not pay lor loss to the system or domestic
appliance from which the liquid or steam escapes.
CH. do pay the cost to remove and replace only
those parts 01 the structure needed to repair the
system or domestic appliance,)
. e.
Copyright l88S
d, W. do not pay fOf ION caused by freezing,
., W. do not pay fOf ION on the In.ured pr.ml...
caused by eccldontal discharge or O\'er1low which
come. from off thllln.ured pr.ml....
17, Freezing of a plumbing, heating or alr-condnionlng
system Of domeatlc appliance - Wa do not pay for
loss on the In.ured praml.aa while the r'lld.nc.
Is vecan.. unoccupied or Is being built and Is
unoccupied, VI. do pay fOf luch ION W an Inlured
has used reasonable care to:
a, maintain hsat In the bulldln{l or moole home; or
b. shl.1 off the liquid .upply and drain .he system or
domesllc appliance,
18. Sudd.n and Accld.ntal Oamag. from Attlncl.lly
G.n.rated EI.ctrICIII Curr.nt. . W. do not pay for
1011 10 tubet, lranslstor. and I1mlar electronic
componenta,
EXCLUSIONS THAT APPLY TO PROPERTY COVERAGES
W. do not'pay for loss Wane or more of the following
e, ^ ~s":n:. apply to the loss. regardless d other causes
or events that contribute to or aggravate the loss,
whether .uch causes or evenls act to produce the loss
before, at the same lime as. Of allar Ihe excluded
cause~ or events.
" Ordlnanc. or UW . w. do nol pay for loss Dr
Increased cost which results from the enforcement
of a code, ordinance or law which regLhles lhe use.
constr\JCllon, repair or demolnion of property, When
breakage of glass la covered, w. pay to replace the
damaged glass with salety glazing materials W
req, '. j by code, ordinance or law, .
2, Civil Authorhy - W. do nol pay lor a loss which
rrsl!lts Irom order QI civil authority,
w. pay for IDSS which results from acts 01 a civil
authorny 10 prevent the spread of lire, W. do not
pay W the lire was caused by an excluded peril,
3, Nuclear Hu..rd . W. do not pay lor loss which
results from nuclear reaction, nuclear radiation or
'~dIDBctlve ccntamlnallon (whether controlled or
,ncontrolled; whether caused by, contributed to or
aggravated by a peril Insured against and whether
caused by natural. accidental or artlllclal moans),
Loss caused by nuclear hazard Is not considored
loss caused by Fire. Explosion or Smoke, Dllect
loss by Fire resunlng from the nuclear hazard Is
covered,
4, W.r. W. do not pay for loss which results Irom
declared or undeclared war. civil war. Insurrecllon.
rebellion. revolut:on, warlike act by a m~ltary lorce or
mlillary personnel, or deslrucllon. seizure or use of
prOPllrty for a mllrtary purpose. II Includes the
consl'qu. nces 01 these. Discharge of a nuclear
weapon Is deemed an act 01 war even W n Is
accidentaL
FORM 3
MIS
5. Neglect. W. do not pay for l01I which resUts from
the naglect of an Irtlurld to use all reasonable
means to save and preserve oowred property a' and
aller the lime 01 a loss,
8, E.erth Mov.m.nt . w. do not pay lor loss which
re~ults Irom earth movemenl whether the earth
movement results Irom natural or artificial causes,
Earth movement Includes but Is not limited to:
a, earthquake;
b, landslide. subsidence. erosion;
c, mudflow;
d, earth sinking, rising, ahllllng. expanding Dr
contracting; or
e, volcanic explosion, Volcanic explosion does not
Include Volcanic Action as defined under PerUs
Insured Against
W. do pay lor direct loss caused by Fire, Explosion
(other than a volcanic explosion) and Theil reaultlng
Irom earth movement
7, W.t.r O.m.eg. - W. do not pay for loss which
resu\ls Irom the loll owing:
a. flood. surface waler. waves, tidal water, over1low
of a body of water or spray. all whether driven by
wind or not;
b, water which backs up through sewers or drelns;
or
c, waler below the aurface 01 the ground, This
ildudes water which exerts prassurII on. or aeeps
or leaks Ihrough or Into 8 building, aldewalk.
driveway. loundatlon. swimming pool or other
slructure,
w. pay lor direct loss caused by Fire, explosion
(other than a volcanic explosion) and Theft resulting
from water damage.
..
- 7 -
Copyright 1888
8, powit DI.ruptlon - W. do not pay 'Dr loss which
results frDm the disruption 01 power or other utility
18l\/lce, whether or not k Is caused by a pert Insured
.galnll, n the cause 01 the disruption II not on the
In.ured pr.ml....
".
W. do pay for direct Iou by a perU Insured against
v.tllch occura on !he 1n'La'ed pr.ml... as a resl4t 01
the dlsruptlDn 01 power.
9, Bu.ln... Interruption . W. do not pay lor loss
which results from Interruption of bu.ln...,
10. W.ar .nd Ttlr . W. do not pay for loss which
results Irom wear and tear, marring, deterioration,
Inherent vice, latent defect, mechanical breakdown,
rull, wet or dry rOl, corrosion, mold. contamination
or smog. W. do pay lor an ensuing Iosa urless !he
ensuing loss Itself Is excluded,
11.lnt.ntlonal Act. . W. do not pay for loss which
reaultslrom an act commlt1ed by or at the dlrectlDn
01 an Insured and with the Intent to cause a lou,
12, Errors, Oml..lon. and D.ftcll . W. do nbt pay lor
loss v.tllch resllls from one or more 01 the following:
a, an act, Irror, or omission (negligent or not)
relating to:
1) land use;
2) the design, specification, construction,
workmanship or Installation 01 properly;
3) planning. zoning, development, surveying,
altlng. grading. compaction; or
4) maintenance 01 property (Including land.
structures or Improvemente);
whether on or 011 the In.ured pr.ml...;
b. a defect, a weakne88, the Inadequacy. a fault or
unsoundne88 In materials used In construction or
repair whether on or 011 the In.ured praml...,
W. do pay lor an ensuing lods unleu the ensuing
loss Itsell Is excluded. . . ,
,--
LIABILITY COVERAGES
PRINCIPAL COVERAGES. UABIUTY AND
MEDICAL PAYMENTS TO OTHERS
Cov.rag. L . P.raonal liability. W. pay, up to our
limit, all sums for which an Insured la liable by law
because 01 bodily Injury or properly damage caused
by an occurrence to which this coverage applies, Wa
will delend a suit 889klng damages II the suit resulted
Irom bodily Injury or properly damage not excluded
under this coverage, We may make Investigations and
senle claims or suits that we decide are apprDprlale,
W. do not have to prcMde a defense after we have paid
an amount equal to our limit as a result 01 a Judgment
or written senlement.
Coverage M . Medical Paymenta To Others - We pay
the necessary medical expenses II they are Incurred or
medically delennlned within three years from the date 01
an accident causing bodily Injury covered by this
policy, Medical expenses means the reasDnable
charges lor medical, surgical. X.ray, dental. ambulance,
FORM 3
MIS
hospital, professional nursing. funeral 88IVlces, pros.
thetlc devices and eyeglasses, including cor4act lenses,
This applies only to:
1. a person on the Inaured preml... with the pennls.
elon 01 an Insured; and
2. a person away Irom the In.ured preml... II the
bodily Injury:
a, Is a resl4t 01 a condition on an In.urad premise.;
b, Is caused by an activity 01 an In.ured;
c. Is caused by a person In the COtJI'5& 01 performing
duties 8S a domestic .mploye.;
d, Is caused by an animal owned by Dr In the care
0' an Insured; or
e, Is sustained by e domestic employee and arises
out 01 and In the course 01 employment,
- I.
Copyright telS
INCLOENTAL UABIUlY COVERAGES
These coverages are subJect to all the t.rml 01 Cover.
ages Land M. Excepllor Oalms and 0<>'1Jn58 ('.os! and
First Aid Expense. they do not Increase Ihe limit staled
lor the Principal Coverages,
1, OllNge to Proplrty 01 Othlrl . Regardluss 01 an
Inlurld'l laga/llablllty. we pay lor property 01 others
damaged tlY an Inlured, or we repair or replace the
property. to the lIldent practical, with property 01 like
kind and quality, 0.. IImh lor this coverage Is $500
per occurr.nce,
The exclusions thaI apply 10 Coverages L and M do
not apply to this coverage, However, we do not pay
IDr damage 10 prDpeny:
a, a.vned by an Inlured, or a.vned by, rented 10 Dr
leased to anolher resident 01 your household t;lr
Ihe tenant of an Inlured;
b, caused Intentionally by an Inlurld who has
attained the age 0113; or
c, resulting In whole or In part from:
1) activities related to a bUlln... of an Inlured;
2) premises owned, rented Dr controlled by an
Inlured, other than an Inlurld premll..; or
3) the ownership. operation. maintenance. use.
occupancy, renting. loaning. entrusting.
supeMslon. loading or urloadlng 01 motorized
vehlcl... alrcrall or waterctall We do pay lor
property dlmagl to motorlzld vehlcl.. not
aubject to motor v.hlcl. registration end nol
CM "ed by an Inlured . lI1e motortzed vehicle
Is used only to service the premlsel or K h Is
dac- 'gnrd lor recre~!ic~al use oN publIC roads,
2, Contllctl Ind Agream.ntl . W. pay lor damages
'-lr bodily Injury or property damag. reslitlng from
llablllly assumed by an Inlured under a written
contract made before the Io6s. The loss causing the
bodily Injury or prop.rty damag. must have
occurred during the policy period, This coverage
does not apply to a contract In connectloo with
bUllna.. actlvhles 01 an Inlured,
3. Clalma end Oelen.. Coal. II we defend a suh. we
pay:
e. the CDsts taxed to an Inaurld;
b, the costs Incurred by us;
c. the actual loss 01 eamlngs by an Insured lor time
spent av,'llY from wor1< at our request fYle pay up
to $50 per day.);
FORM 3
AAIS
d, the necessary cosls Incurred by you It our
re~i:j.-'sl;
e, the interest which accrues after the entry 01 I
Judgment, but ending when WI tender or pay up
to our Hmll;
I. the premiums on appeal bonds or bonds lor the
release 01 anachments up to our limit (W. ar.
not required to apply lor or furnish bonds,);
g. the premiums up to S500 per bel bond required
01 an In lurid because of an accident or a Irafflc
law violation arising Dut of Ihe use 01 a vehicle 10
which this policy applies, fYI. are not required to
apply lor or lurnlsh bonds,); and
h. prejudgment Interest awarded against an Inlured
on thaI pan oIlhe judgment WI pay,
4, Firat Aid Expen.. . W. pay Ihe expenses Incurred
by an Inlurad lor firsl aid to persons. other than
Inlurldl, lor bodily Injury covered, by this policy,
5, Motorized Vehlcl'l - We pay ler the bodily Injury
or the prop.rty dlmlg. which:
a, occurs on the Inlured pr.ml... and Is a result
01 the ownership, malntenan~e, use, loading or
unlCllldlng 01:
1) a motorized vehicle K h II not lubJect to
motor vehlcl. registration because 01 hstype
or use; or
2) a recr'ltlonal motor vehlcl.;
b, results Irom:
1) e goll cart while used lor golfing;
2) a utlllly. boat. camp or mobUe home trailer.
except when the traUer Is carried on. Is towed
by or la attached to a motor v.hlcl. or a
recreltlonal motor vehlcl.; or
3) a motorized v.hlcle which Is designed only
lor use 011 public roads and which Is used
mainly to service the Insured pr.ml..s;
c, results 'rom an Inlured'. use 01 a recr..tlonal
motor vehicle which Is not a.vned by an Inslnd,
6, W.tercrllt.
a, We pay for the bodily Injury or the prop.rty
dalNg. which results from the maintenance, use,
load':1g or unloading 01;
1) a watercraft whUe h Is on the Inlurld
pr.mll..;
. II .
Copyright 1888
2) . watercralt which Ie nol owned by or r.nled
10 an In.ured . tha 10.. II a rllS\Jl1 of the
actlllhlel 01 an In.ured;
3) a wat.rcralt which Ie owned by or It r.nted to
an Inlured and which II poNtred by Inboard
or Inboard/outboard moIors which total 50
hor1epower or Ie..;
of) a ..ling ve.... with or whhoul auxllary poNer
which It owned by or Is rentlld to an Inlured
and II Ie.. than 26 leelln length; or
5) a waterCl'1l1t which It powered by oulboard
motorl which 10la1 25 horaepower or less,
b. We pay lor lhe bodily Injury or thI property
damage which reaUta Irom lhe malnl8ll8nce, use.
loading or unloading 01 a watllrcralt that II
powered by outboard motor. which total more
than 25 horaepower. N:
I) the molor. are Ileled on the Oecial'1lilonl' ..
lnaured lor peraonalllablllty;
2) the motorl are acquired by an 'nlured durlrv.l
thI policy period and a r8qUlIIllor lXl\ItrIg8 It
made within 45 days alter they are acquired; or
3) the moIor. are nol owned by an In.ured.
7, BUlln"l . We pay lor the bodily Injury or the
property damagl whlch result.lrom:
a. the renlal of thll part oIlhe Inlured preml..1
that Is usually occupied by you aa a 1'1I11d.nce;
b, the rental 01 other parts 01 the Inaured prlmll..
lor use II a retldence (No lamIy una rrey Include
more than two roomera or boardera,); or
c, the rental of a pan oIlhe Inlurad prlml... lor
use aa a school, atudlo, oIIIce or private garage,
EXCLUSIONS THAT APPLY TO LIABILITY COVERAGES
EXCLUSIONS THAT APPLY TO
COVERAGES LAND M
This policy does not apply to bodily 'nlury or prOplrty
damage which results dlreclly or Indlreclly from:
1. war (Thll Includel undeclared war. clvl war, Insur.
I'1ICtIon, rebellion, nMlIUlIon, warlike act by a miliary
force or miliary personnel, or destruction, seizure or
use 01 property lor a mllllary purpose, Discharge DI
a nuclear weapon Is deemed a warlike act even H
accidental,);
2, the ownership. operation. malnlenance. use. occu.
pancy. renting, loaning. entrusllng. supervision,
loading or unloading 01 alrCI'1lIt. excepllor bodily
Injury 10 1\ person while performing duties as a
domestic employ.. (This exclusion does not apply
to model airplanes,);
3, lhe ownership. opel'1ltlon. maintenance. use. occu.
pancy. renting, 101nlng. enlrustlng. supervision,
loading or unload I", 01
motorized vehlcl.. or watercraft
FORM S
MIS
owned or operated by or rented or loaned 10 an
Inlured, We do pay:
a, lor bodily Injury 10 a peraon In the course 01
parformlng duties lIS a domllllc employ..; or
b. . coveraga Is prcNlded lor by an Inckler<<al Motor.
Ized Vehicle or WaterCl'1I1t Covel'1lge;
of, the use 01 a motorlzed vehicle In. or In the practice
or the preparation lor, racing, speed, pulling or
pushing. demolhlon or stunl ectlvhles or conlests;
5, llabllty Imposed by law on an Inllnd lor the use 01
a motorized vehlcl., alrcralt or watelcraft. except H
coverage Is provided lor by an Incldenlal Motorized
Vehicle or Walercl'1lft Coverage;
6, the rendering 01 or the faling to render a proIessJonaI
service;
7. acllvhlel related 10 the bu.ln"l 01 an lnIured.
except ae provided lor by an Incidental Bullness
Coverage;
. 10.
Copyright 1...
'8, (>remises that are owned, rented ()( conlrolled by an
In.ured end thaI are not the In.ured preml.... We
do pay IOf bodily Injury to a person In the course 01
performing duties as a domllllc employ..;
0, an Intentional act 01 an In.ured or an act done at
the direction 01 an In.ured;
10, an occurrance lor which an In.ured Is also an
In.ured undar a nuclear energy llabllrty polley or
would be an In.ured but lor Iha exhausllon 01 Its
limite (A nuclear energy llabllrty policy Is a policy
Issued by the Nuclear Energy Liability Insurance
Association. Mutual Atomic Energy Uabllrty Under.
wrrters. Nuclear Insurance Association 01 Canada or
their successore,); or
tt. the discharge. dispersal, release or the escape 01
pollutants Into Of upon land. water Of air, HC1NllVIll'.
Ihls exclus,on does not apply 10 bodily Injury or
property damage that arises Irom the heal, smoke
or lumas 01 hostile fire on the Insured premises,
Hostile fire Ie a lire that becomes uncontrollable or
breaks out Irom where It was Intended to be,
I.DDITIONAL ~XCLUSIONS THAT
APPLY ONLY TO COVERAGE L
Coverage L does not apply to:
t. bodily Injury to you, and II residents 01 your
housahold. your relatives, and persons undar the
age 01 2t In your care Of In the care 01 your resident
relatives;
2. IlabUIty ar,sJ,':l8d 11: lCler e contract Of an agreement,
axcept as ~rovldad lor by Incidental Contracts and
AorG(lm:.Hl~ ; COVE::l j;Je;
3, damage 10 properly owned by an'ln.ured;
4, damage to properly that Is rented 10. occupied by,
used by. or In tha care 01 an In.ured. except lor ,
property damage caused by fire, smoke or
explosion;
5, sickness. dl56llse Of death 01 a domHllc employ"
unless a wrttten notice Is received by u. wrthln 36
months alter the end ollhe policy period In Which
the Injury occurred; or
6, bodily Injury to a person. including a domesllc
employee. II the In.ured has a workers' compensa.
tlon polley covering the Injury Of II benellts are
peyable or are required to be provided by an
In.ured under a workers compensation, non-occu.
patlonal dlsabllrty, occupational disease or like law.
ADDITIONAL EXCLUSIONS THAT
APPLY ONLY TO COVERAGE M
Coverage M does not apply to bodily Injury to:
1. an In.ured or other person who resides on the
In.ured preml.ea. except a domeatlc employ..;
2. a person who Is on the In.ured preml... because
a bu.lnesa Is conducted Of proft.6slo.llII sarvIce& are
rendered on the In.ured premlaes; or
3, a person. Including a dome8tle employee, II a
workers' compensation polley covers the Injury or II
benellls are provided under a workers' compen.
satlon. non.occupatlonal dlsabllrty, occupational
disease or like law,
WHAT YOU MUST DO IN CASE OF lOSS
t. Nollee - In case 01 a loss, the In.ured must:
a. give us or our agent prompt notice CHe may
reque~t written notice,);
b, gille nollce to the police whlln the act that causes
the loss Is a crime; and
c, gil/e hO!lce to the credit card company II the loss
involllei a credit card.
FORM 3
AAIS
The nollce to u. must state:
a, the namA 01 the Inaured, the policy number and
the tllTle, place and the details 01 the loss; and
b, names and addresses of all known polentlal
claimants and wrtnesses,
. 11 .
Copyright 181111
2, Cooperation. The Inlured must cooperete wtth ue
In performing all acts required by this policy,
3, Volunteer peymentl - An Inlured mUll not make
paymenll, pay or oller reward I or essume
obIlgatlOl\l or olher cOstl, except el the Inlurld'l
own CO&I, This doel not apply to Coati that are
allowed by thla policy,
4, Other Dutl.. - Property Coverag.. . The Inlured
mull take all reaeonable stepe to protect covered
property II and after an Insured loss to avoid further
Iou. We pay lor the costs. The InILnd must keep
an accurale rer.ord 01 luch coals, This does not
Increase our limit,
The Inlured must give to UI a Italement of lOBS
(under oath N we requeat) wtthln eo days aher the
1088.
At our request Ihe 'nlured muat:
.. give UI a prool 011081. wtthln eo deys eher our
request. lhat lhowa:
1) the time. place end the details oIlhe loss:
2) the Inlerest of the Inlured and 01 all othera In
lhe property, This Includes all mortgages and
lIena:
3) other pollclea thaI may cover the 1088:
4) changea In Ittle or use:
5) available plens and ap8CNlcallons 01 b:JDdlngs:
6) detaHed eatlmates for repair; and
7) In detal. the quartly, descr1pIIon. COllI. l\I1IOUf'C
of 1088 and actual cash value of Ihe personal
property Involved In the loal. The Inlured
mual give UI coplea 01 all bills, receipts and
related documents to confirm these;
b. aubmtt to examination under oalh In maners thai
relale to the 1088 or claim aB ohen as wa
reasonably request. II more than one person Is
examined. .,. have the right to examine snd
receive atatemenls separately from each person
and not In the presence 01 the others:
FORM :I
MIS
C. show the damaged property es often as we
reasonably request.
d. Bhow records, Including tax relums and bank
records 01 ell cancelled checka lhat relate to the
value, loss and cosls, and permtt copies to ba
made Dr Ihem as often sa we reaeonably requesl;
e. asslat UI 10 enforce the righl 01 r~ry which
the Inlured may have agalnsl a party causing the
loas;
I, Ihow recordl thaI prove 10.. of rentl and Ihow
recelptl lor addttlonallMng COItl; and
g. lubmtt evidence or alfldavtt luppor1lng I claim
under Credft Card. Forgery and Counterfel Money
Coverage Btatlng the amounl and cause 01 Ion.
5, Other Dutl.. . PerIORal liability Co_ge - In
case 01 an occurrence v.tlIch mIghl reaUt In e claim,
the Inlurld must promptly give UI coples 01 all
notices. demandB or legal pepers thaI relate 10 the
occulTence or Ihe claim,
Al our requeat. thelnlured must help'UI:
a, 10 leltJe a claim;
b, to conduct BlJtts. ThIs Includes being 81lr1als and
hearings;
c, to enloree Ihe right 01 recovery IQdlnst parties
who may be liable to an Inlured:
d, to secura and give evidence: and
e, 10 obtain the anendance 01 all wttnesaea.
6. Other Dutl.. . Medical Plymentl to Othlfl
Coverege . In case 01 a lOll, lhe Injured perton or
someone ecllng on behalf 01 thet person mual:
a, give UI written prool of claim (under oath " we
request) as soon as pracllcal: and
b, authorize UI to gel copIes 01 medical records,
T~e Injured per~on musl submtt to physical exams
by doclors chosen by UI as often es we may
requIre,
.12.
Copyright 1111
HOW MUCH WE PAY FOR LOSS OR CLAIM
1, Prope"., Coverage.
Actual Cash Value Indudes a deducllon for
depreciation. however caused,
Inaurable Inler..l end Our Limit. Even N more
lhan one person has an Insurable Interest In the
property covered, we pay no more than the emount
01 your Interest In lhe property Of the limit that
applies,
Deductible. This applies to Coverages A, Bend C;
Debris Removal; Trees, Plants. Shrubs and Lawns,
It spplles to all perils Insured against unless
otherwise lhown,
We pay that part of the lOll over the deductible,
Not more than one deductible applies per
occurrence,
Lo.. to e Pair or Set. If there Is loss to an hem
which Is pert 01 a pelr or set. we pay oriy to replace
or repair the hem, or we pay the difference In the
actual cash value of the pair Of set lust belore the
lo~s e:-d the actual cash value lust after the loss,
Lo.. Sllllement . Subject to the terme Ihown
above. ws Villi senle losses according to the
Replacement Cost Terms, If the Replacement Cost
Terms do not ePrlY. we will settle losses according
10 the Actual Cash Value Terms,
a, Replscement Coat Terma . These spply only to
buildings covered under Coverages A and B ltutt
have a perm ',ent foundation and roof ar\1 d" r:lI
apply to: mobile homes whether Dr n~t on a
permanpnt fC'undatlon; d<:lmestic appllancos and
window air cond~loners; carpeting, curtains and
d.;,pes; awnings and canopies; and antennas.
In determining the replacement cost, do not
Include the cost of: e~cavallons; brick. stone or
concrete foundations; piers and other supports
which are below the surface oIlhe ground inside
the foundation walls; and underground nues,
pipes, wiring and drains,
Whan the cost to repair or replace e~ceeds the
lesser 01 $2,500 or live percent 01 the IImh on the
damaged building, we do not pay for more than
the actual cash value of the loss until repair or
replacement Is completed,
You may make a claim lor the actual cash value
of the loss b€ fore repairs are made, A claim lor
FORM 3
AAIS
an addhlonal amount payable under these tenna
must be made w~hln 1 eo days after the loss,
1) II the limit on the damaged building Is Ie..
than eo percent of hs replacement cost at the
tlma 01 loss, we pay the larger 01 the following'
a) the actual cash value at lhe time 01 the loss;
or
b) that part of the replac&ment cost of the
damaged part which our limit on the build.
Ing bears to eo percent 01 the full current
replacement cost of the building,
2) If the limit on the damaged building II at least
eo percent of hI replacement cost at the time
of loss, we pay the ~mallest of the following:
a) the limit that applies to the building:
b) the C06l to repair or replace the damage on
the aame premlJ€s using materials of like
kind bnd quality, to the eXlent practical: or
c) the amount spenl to repair or rej1l8Ce the
damage,
b, Actual Cllh Value Terma - We pay the lesser 01:
1) the cost to repair or replaca lhe property whh
materials of like kind and quality to the extent
practical;
2) the actual cash value of the property at the
time of loss; or
3) (epplles only to mobile homes) the difference
In the actusl cash value lust before the IDSS
and the actual cash value lust after the loss,
2, Coverage L. Perlonal Liability - The limit shown
on lhe Declarations for Coverage L Is the most wa
pay for loss for each occurrence, This epplles
regardless 01 the number of:
a, persons Insured under this policy;
b, parties who sustain Injury or damage; or
c, claims made or suhs brought
3. Coverage M . Medical Paym,nta To O1herl - The
limit shown on tha Declerallons per person lor
Coverage M Is the most wa pay for all medical
e~penS8S payable for bodily Injury to one person 18
the result 01 one accident
When a IImll Is shown on the Declarations per
eccldent for Coverage M. that limit la the most we
pay lor anyone accident
- 13.
Copyright "II
The payment of e claim under Coverage M does not
mean W. admn W. are liable under Coverage L
4, Inluranc. Und.r Mora Than On. Coy.rag. . II
more than one coverage 01 this policy applies to a
Iou. we pay no more lhan Ihe aelual loss,
5, Inluranc. Und.r Mora Thin On. Polley.
Property Coverage - II thera Is other collectible
Insurance that appllea to the loss. we pay OW' share
a the loss. Ow share Is that part a the Io6s lhatthe
Umlt 01 this policy bears 10 the lotal ,amounl of
Insurance thai applies to the loss. When a loas Is
also covered by Ihe master policy of an ISsoclallon
or corporation 01 property owners, Ihls Insurancs Is
axcess,
Coverage L - Personal Uabllly - Thls Imurance Is
exC818 cmr OIhor valid Ind coIecIJble Inalnnce that
applies 10 the Iou or claim.
e, R.lloratlon 01 Umltl - The Iou w. pay under this
policy does not reduce the IImltl.
"
t'.
PAYMENT OF LOSS OR CLAIM
1. yOU' Propalty . Wa adjust lIlICh Io6s wIIh you. W.
pay In INured loel wlthln 30 daVl aller In Iccept-
able prool 011011 Is received and the amount ollhe
loss Is agreed to In wrnlng, II you and we do not
Igree, WI pay wnhln 30 daY' aller the filing of an
appraisal Iward wlth ua. Payment Is made to you
unle88 a Iou payee Is named.
2. Additional UYlng COltl - II the Insurld prlmJS..
Is made unllt lor use lor more than one month,
covered costs are paid on a monthly basls. You
must give UI proof of such costl.
3. D.maga to Plrson.1 Propl"y 01 Oth.ra - AI our
option, an Insured lOll may be adjusted wnh and
paid:
a, to you on behall 01 the owner; or
b. to the owner. II WI pay the owner, WI do not
have to pey an Inlurld.
FORM 3
AAIS
4. Our Optlonl . Wa may:
a. pay the lOll In money; ot
b, rebuUd, repair or replace the proparty. WI must
give you notice 01 our Intent to do ao whhln 30
days B!ler we receive an acceptable proof a Io8a.
Wa may take all or part a the damaged property at
Ihe egreed or appraised value, Property paid lor or
replaced by u. becomes oura.
5, Uablllty Coya"gal - A peraon who haa sacured a
Judgment against an Insurad lor an Insured loes or
has lIabllny established by a written agreement
between the claimant. an Inlurld and UI. Is entnled
to rflCC10ler under this policy to the extent a coverage
provided.
;
,
;
i
f
~.
.14.
Copyright 1...
POLICY CONDITIONS
CONDITIONS APPUCABLE TO ALL COVERAGES
1, Alllgnment . Thla policy may nol be assigned
w~hout our written consenl
2, Cancellallon enet Nonrenewal . You may cancel
this policy by returning the policy to UI or by giving
UI written notice end staling at what luture date
coverage Is 10 stop,
During the Ilrat 60 days this policy Is In effect, we
may cancel lor any reason,
IIlhls polley has been In effacl 60 c:~ys Dr more, or
fI ~ Is a renewal 01 a policy issueoJ by UI, wa may
cancel or nol renew only at the anniversary date
unless:
a, the premium has not been paid when due;
b, the policy was oblalroo t~r~ugh fraud, malerlal
mlsrepre3entatlon or -:-mls.: In 01 !.lct, which. fI
known by UI. would have c~used UI not to Issue
the policy; or
c. there has been a material change or Increase In
hazard 01 the risk,
Wij y,,1I give you notice at least 10 days belore
cancellation Is effective, fI we cancel th;s policy lor
nonpaY"1enl 01 premlurl. 01hp.rN!~e, we will give
you nollce at least 30 days In advance 01
cancellallon or nonrenewaL
We may cancel this polley by written nollce to you
al the address shown on the Declaratlons_
Yo Jr rei IIn premium, fI any. will be refunded at the
time of cancellallon or as soon as practicaL
Payment or lender of the unearned premium Is not
a eondillon 01 cancellation,
3, Change, ModlllClllllon or Waiver of Policy Term..
A waiver or change 01 the term. of this policy must
be IssuHl by ua In wrlllng 10 be valid, II, In the
polley period. we adopt a revision which broadens
coverage without an add~jonal premium. the
broadened coverage will apply,
Our rewest for an appral!;81 or examination under
oalh dues not waive policy terms,
II this polley has no explrallon date, we may
substitute or we may add. at each anniversary date.
lorms that are then authorized lor use,
FORM 3
AAIS
,
4, Conlormlty With Statute . Terml In conflict wllh
Ihe laws oltha state whare the premises described
on the Declarations Ia locatoo are changed 10
conlonn to auch lawl,
5, Mllreprllentalloll, Cone 111m ant or Fraud - This
policy Is void f1' before or after a loss:
a, an Inlured has willfully concealed or mlsrcpra-
sented:
1) a material fact or circumstance w~h respect to
this Insurance; or '
2) an Insured'l Interest herein,
b, there has been Iraud or lalse swearing by an
Insured wllh respect to this Insurance or the
subject thereol,
6, Inspection - We may. but are not required to,
Inspect your property and operations, Our
Inspecllon or resulting advIce or report does not
warrant that your prDperty or operallons are safe or
healthful or comply w~h laws. rules or regulallons.
7, Recoveries - This applies ~ we pay lor a loss and
1051 or damaged property Is recovered, or payment
Is made by those responsible lor the loss,
a, The Inlured must Inlorm UI or we mu~! Inform
the Insured fI ellher recovers property or receives
payment
b. Proper costs Incurred by ellher party are paid first
c, The Insured may keep the properly, The amount
01 the claim paid or a lesser amount to which we
agree, must be returned to UI,
d, lithe claim paid Is less than the agreed loss due
to e deductible. or other IImlllng tarml, the
recovery Is proraled between the Inlured and UI
based on the Interest of each In the loss,
8, Subrogltlon - If we pay for a loss, we may require
that the Inlured assign to UI the right 01 recovery
up to the amount we pay. We are notllablp for a
loss N, after the loss, an Inlured impairs our ";;"tlo
wcover against olhers, You r'ay warl" your rig 1 'iJ
recover, In writing, before a loss occ~rs. wilhe U1
voiding coverage, If we pay a loss to or lor an
Insured and the Insured recovers !rom another party
lor the same loss. the Insured must pay us as stated
In Recoveries,
- 15 -
Copyright 1188
, .
Subtogatlon does nol apply 10 Coverage M . Medical
Payment. to Otharl Of to Damage to Property 01
Othera under the Incidental Uabllny Coverages,
9, Suit Agalnll Ua . No lult may be brought against
ua ulllaaa all Ih. larma 01 this policy have been
compiled with Ind
I. Property Coverag.. . TM sun Is brought within
two years alter the 1085.
If a law 01 tilt alaIe where the premlsas Is located
makes Ihls time period Invalid, the suit must be
btoughl wtlhln the lima period allcr.ved by 1M iaw,
b, Utbillty Coveragn . The amount 01 an Inlurad'a
liability has been Ilxed by:
1) a flnalJudgment against en Inlurad which Is
Ihe result 01 a trial; or
2) a written agreement 01 the Inlured. the
claimant and ue,
No plIflIOIl has . rtghI under this policy to )oIn ua Of
Implead ua In actions lhat are brought to Ilx Ihe
liability of an Inaurad,
10, Bankruptcy 01 an Inaurad - Bankruplcy or
Insolvency 01 an Inlurad does not relieve UI 01 our
obligations under this policy,
CONDITIONS APPUCABLE TO PROPERTY
COVERAGES ONLY
11. Abandonmenl 01 Property - An Inlured may not
abandon the property to UI unless we agree,
12, Appralaal . II you and we do not agree on the
amount 01 the loss, the actual cash value DI the
property Of the cost to repair Of replace tM property.
en her party may demand that these amounts be
determined by appraisal,
II either paITy makes a wr1I1en demand IOf appraisal,
each will select a competent Independent appraiser
and notify the other of 1M appraiser's identity within
20 days alter the receipt of the written demand, The
two appraisers will select a competent. Impartial
umpire, Illhe two appraisers are unable to agree
upon an umpire within 15 days. you or we can esk
a Judge 01 a court 01 record In the stale where the
property Is localed to select an umpire.
For each building Item and each Item DI personal
property. Ihe eppralsers will determine:
FORM 3
MIS
, "
a, tM amount 01 the loss;
b, tM actual cash value 01 the property; and
c, the cost to repair or replace the property,
Each amount will be stated aeparately.
II the appralsera aubmlt a wrfIten report 01 an
agreemant to ue, the agreement will establish tMse
amounts, II the appraisers lall to agree wtlhln a
reasonable time, they will aubmlt only their
differences to tl;lI umpire, A written egreement by
two 01 tMse three will establish the amountl alated
above,
Each appraiser will be paid by the party selacting
\hat appraiser. The compensation 01 the umpire and
other costs 01 the appraisal wll be shared equaIy by
you and ua,
13, No Bananl To Balle. - Coverage under this policy
will not benefit those who are paid to assume
custody 01 the covered property.
14. Mortgage Clau..
The word 'mortgage.' Includes trustee,
., II a mortgagee Is named on the Declarations, a
loss plIyable under Coverage A or B will be paid
to the mortgegee and you, as Interests appear.
II more than one mortgagee Is named, the order
of payment will be the same as the order of
precedence 01 the mortgages,
II wa deny your claim. that denial does not apply
to a valid claim 01 the mortgagee, If the
mortgagee has:
1) notified ue 01 change In ownership. occupancy
Dr substantial change In risk 01 which the
mortgagee became aware;
2) paid the premium due under Ihls policy on
demand If an Insured neglected to pay the
premium: and
3) submitted a signed. swom prool 011055 within
60 days alter receiving notice Irom UI If an
Inlured has lalled to do so,
All lerml 01 this policy apply to the mortgagee
unless changed by this c1ausa,
b, II we cancel this policy. we will notify the
mortgagee et least 10 days before the date
cancellation takes elfect
c, II wa pay the mDrtgagee lor a loss and deny
payment to you:
. 18.
Copyright 1888
. '1) we are aubrogated. up to the amount we paid
for the loss, to all the rights of the mortgagee
grented under the mortgage on the property;
or
2) at our option, we may pay to the mortgagee
the whole principal on the mortgage plus the
ICCIU8d Interest In lhIe evenl. we ... rlIC8Ive
full assignment and transfer of the mortgage
Ind all securltlea held liS collaleral to the
mortgllge debt.
Subrogation shall not Impair the right of the mort.
gagee to recOller !he fUl amount of !he mortgagee's
claim.
15, Secured Plrty Cove"ge - This applies only to
coverage on mobile homes and personal property,
This entire clause Is void unless the name 01 a
secured party Is show" on the Declarations, This
clause applies any to the Interest of a secured party
and doea not IIl1ect the Inlurad'l rights or dUlles
under the policy.
a, If a secured party Is named on t~e Dee/arallons,
a loss payable on property subject to the security
Interest will be paid to the secured party end you
lIa Interesta may appear, II !here Is l1lO(e then one
88CUrlty Interest In the same property, !he order of
payment wUl be !he same as their order 01 priority,
II WI deny your c1l1lm, that denial does not apply
to a velld claim 01 a secured party " the secured
party has:
FORM 3
MIS
1) not "led UI of I change In' ownership. .
occupancy or subs1antlal change In risk of
which the secured party became aware;
2) paid the premium due under this policy on
demand. an Inalnd has neglected to pay the
premium; Ind
3) lubmltted aligned. awom proof 011011 wtthln
eo days aller receiving notice from UI " an
Inlured has failed to do so,
AlItarma 01 this policy apply to Ihe secured party
unless changed by this dause,
b, II wa cancel this policy. we wUl notify the lecured
party at least to days before !he date cancellation
lakes ellect.
c, II wa pay the secured party for I 1081 and deny
payment to you:
1) wa are subrogated. up to the amount wa paid
fDr the loss, to all the rlghlS of the lecured
party granted under !he security Igreement; or
2) at our option, we may pay the secured party
the remaining amount due on the security
agreement plus the ICCrued Interest. In thll
event. we lhall r&CeNe full assignment 01 the
lecurlty agreement and securities held II
coliaterallor the agreement.
However, the secured party's Interest Is not covered
for conversion, embezzlement or secretion by In
Inlured In possession of !he encumbered property,
unless specifically Insured againIIl and prllIl\WI paid
for such.
.17.
Copyright 1811
, .
EXHmlT "B"
-
'QIt.
G & p LIGHTNING ROD
AND CHIMNEY CLEANING SERVICE
James K, Gilbert. Owner
155 West Yellow Hill Road
BIGLERVILLE. PA 17307
. (717) 671-6532
C:U.'O"'A'. OADIA NO ....ON.
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~~$- c.lc.it1PS ___
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PAlO our
_.- -
;,~'QTY,'
I . - -- PRICE ",." AMOUNT -'-
I " ' \
,5k,//Ja,... .01 c..A_ 8:7'- .: --
, . ~-?.,,--~_._.> ~---,:-- - ~._.
:_~/"'~l:<;d.5:"~~/,4 _......5___.1__
a....ok..L I}j"tll O~_
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-.. -- NIT 30 Doys -'- . .-. - - -.-- ----
~ 1 ~96 Inll1nl Monthly On 'Any Unpaid Balanc.
TAX
"lcelveD ...
, I
TOTAL
All claim. and relurnod goods
MUST be accompanied by Ihle bill.
'2Jf;ClJ,foqjliW
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EXOWIT "C"
Carlisle Rubber Roofing
All Types Shingles
CARLISLE OFFICE:
(717) 258-4431
Shellt Metal
Siding - Insulating
CHAMBERSBURG OFFICE:
TEL: (717) 263.1312
FAX: (717) 261-0458 Roofing & Insulating, Inc.
Jim shutto
435 Farm Road
Newville, PA 17241
March 29, 1996
486-3195
RE: Windstorm Damage to Both Sides of the Roof
WE PROPOSE TO:
1. Protect wood deck from falling debris.
2. Remove all shingle and felt down to the deck.
3. Remove and replace any rotten wood.
4. Re-u3e aluminum drip edge.
5. Install #15 felt paper.
6. Install 25 ye~" No-cut Out Shingles.
7. Install new .032" thick chimney flashing. color: Brown/White
8. Clean up and remove any debris cn the exterior of the
bull ding.
Estimated Cost ~875Q,QQ
NOTE:
1. For Ice and watershie1d along eaves ADD $150.00.
2. For 30 year Shing1event II ridgevent ADD $210.00.
Payment 50\ when started, balance when completed.
Respectfully ~ubmitted.
~AW~aJiu~----
st~:n C. Grosse
Sales Man3-,:,e!:
Autho'rized Signature
SCG:djm
1877 PHILADELPHIA AVE. . CHAMBERSBURG. PA 17201
412 E, NORTH STREET · CARLISLE, PA 17013
All Pnces. Contracts dffd Agreements are made contingent upon stflkes. JCCldents, fires. and all other delays una,voidable or beyond our control.
'. .
. "
C S Systems
Artisan Decks'
P.O. Box 1067
Carlisle, PA 17013
Main OHlce (717) 243-0424
Camp Hill (717) 737.0101
Dlllsburg (717) 432.8185
Gettysburg (717) 337-1222
J: WI Sf..o H",
'IJ<; f{-;rWo I<~,
/JII/I/.Ii'f p~, I,i' 'II
1/,'I'((,-JI1;/'J-2'/lJ-(.1'11
I
ESTIMATE
OUANTITY DESCRIPTION UNIT PRICE AMOUNT
1k,,1: A",< /J11/~/j ....,w"" ~Ol"" 1.01'( {, d.,,< -
+"J tJ((,~/, t. gf !Iv),.1 / .
'7
13( t:,.... t':rt1.-:r(",,/ c,.-/~ ,"3 l.{)r I; '> ,"I/o': ,/
rt<'r.h(~d <; ~
l' r' 15'0 r/V
.
,
I
SUB TOTAL
SHIPPING CHARG~I~
TOTAL 'SD em
. . , .
, . . .
YERIFICATION
The foregoing document is based upon information which has been gathered by my
counsel and me in the preparatiDn of this action. I have read the statements made in this
document, and it is true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section
4904, relating to unswom falsification to authDrities.
Date:~t 1997
15.
The averments of tilet contllined in pllrugraph litleen (15) of the New Matter arc
specificlllly denied. On the contrnry, hellvy IIceumullltions of snow in excess of thirty (30) inches
of snow from II snow storm causcd the damage to the plllintills' root; deck,lInd garage spouting.
16.
The avermcnts of tilct contained in parugrl1ph sixtcen (16) I1re admitted in part IInd denied
in part. It is IIdmitted that the policy eontllins IIn exclusion tor movement of ellrth. It is denied
thllt the dllmllges sought clluse by the plaintiffs were caused by ellrth movement. On the
eontrnry, they were cllused by heavy accumulations of ice IInd snow.
17.
The IIverments offllet contllined in pllrugraph seventeen (17) lire specilielllly denied. The
damllges sought by the plaintifts were ellused by the hellvy aeeumullltions of ice IInd snow.
18.
The IIverments of the tilct eontllined in pllragraph eighteen (18) of the New Matter lire
speciliclllly denied. On the eontrnry, none of the damage WIIS cllused by wllter bclow the surfllce
of the ground. The dllmage caused to the plaintiffs' property was ellused by the heavy
lIecumullltion of ice and snow.
19.
The averments of fllct contllined in paragraph nineteen (19) on the New MlIller lire
specifically denied. On the contrary, the policy exclusion regarding wllter dllmllge does not
IIpply to the dllmnge caused by hellvy IImounts of ice IInd snow.
2
20.
The averments of fact eontllined in pllragraph twenty (20) are IIdmitted in pllrt and denied
in part. It is IIdmitted thllt the policy has exclusions for wear and tear. On the contrary, this
exclusion does not apply to the damllges sustllined by the plaintilTs which were caused by heavy
amounts of ice IInd snow.
21.
The averments of fact contained in paragraph twenty-one (21) are specilieally denied. On
the contrary, the wear and exclusion dDes not apply tD the damages sustained by the plllintifTs.
22.
The averments of fllct contained in paragraph twenty-two (22) of the New Matter are
admitted in part and denied in pllrt. It is IIdmitted that the policy contains an exclusion. It is
specilieally denied that exclusion applies to the damllges sustained by the plaintiffs.
23.
The averments of paragrllph twenty-three (23) of the New Maller are specifically denied.
On the contrary, the exclusion does not IIpply to the dwelling of the plaintiffs which were
damaged by ice and snow.
24.
The averments offact paragraph twenty-lour (24) of the New Matter are denied. On the
contrary, there were portions of the claim which remain unpaid.
3
~,
! i
25.
The llverments of fact contained in pllrullraph twenty-live (25) of the New Mlltter lire
specifically denied. On the eontrnry, the plaintills have submitted their own proof of loss in
accordance with the policy provisions.
WHEREFORE, the plaintills demand damlllles IIllllinst the defendllnt in the IImount of
Eleven Thousllnd Twenty Five and noli 00 ($11 ,025.00) Dollllrs with the costs of this action IInd
interest liS permitted by IlIw.
By:
Date:-.:(~ ;) 'f ,1998
4
IRWIN, McKNIGHT & HUGHES
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certilY that on this date a true and correct
copy of the Answer to New Matter was served by first class United States mail, postage paid in
Carlisle, Pennsylvania 17013, upon the following:
Martin A, Durkin, Jr.
DURKIN & GRAEFF, P,C.
One Penn Center
Suite 1520
1617 John F. Kennedy Boulevard
Philadelphia, P A 19103
Attorney for defendant,
The Brethren Mutua/Ins. Co,
By:
Date:~ .:If .1998
"
5. Denied. Defendllnt is without sufficient knowledge or inlimnlltion 10 limn a belief
liS to the IIverments contllined in this pllragraph of PlllintilTs' Complllint, nnd accordingly, strict
thereof is demanded.
6. Denied. Defendant is without sufficient knowledge or informlltion to form II belief
as to the IIverments contained in this pllrngrllph of Plaintiffs' Complllinl, IInd IIccordingly, strict
thereof is demanded. By way of further answer, it is specificlllly denied that Plaintiffs dwelling was
specifically damaged by:
(II) the accumulation of approximately thirty-six (36) inches of snow coupled with
thawing ellusing damage to both sides of the main roof on the Plaintiffs' house; and
(b) the hellvy accumulation of snow cllusing damage to the deck of the mllin dwelling;
nnd
(c) the hellvy accumulation of snow causing damllge to the spouting of the IIttached
garllge; and
(d) melting snow cllusing the chimney to fill up with wllter cllusing damllge to the
chimney and from II chimney fire which also damaged the chimney.
7. Admitted in Pllrt; denied in part. Based upon information and belief. it is admitted
that the Plaintiffs hired G & P Lightning Rod & Chimney Cleaning Services to repair the chimney.
The remainder of this averment is specitielllly denied nnd strict proof thereof is demanded. By way
of further answer, the estimate from Kelly Rooting, being in writing, spenks for itself nnd no
response is required.
8. Denied. It is specifically denied that the cost to repair the roof of the mllin dwelling
house was $8,750.00 and strict proofthereofis demnnded. By way of further nnswer,the estimate
from Kelly Roofing, being in writing, speaks for itself and no response is required.
9. Denied. It is specilically dcnied that the deck was damaged and that it will cost the
sum 01'5750.00 to repair. By way of further unswer, the estimate frem CS Systems, being in writing,
speaks for itself and no response is required.
10. Denied. It is specilically denied that the down spouting nn the garage was damaged
und the cost of repairing the down spouting of the garage totnls 5275.00. By way of further unswer,
it is specilically denied that the Plaintiffs' total loss is 511,525.00 and that this amount is due to
Plaintiffs. The within New Matter is incorporated herein as though fully set forth at length.
II. Denied. It is specifically denied that Defendunt has fiJiled to pay the Plaintiffs' claim.
By way of further unswer, Defendant did attempt to adjust the chimney portion of the alleged loss
for the amount 01'5\,998.85 before the application of applicable deductibles.
WHEREFORE, Defendunt, Brethren Mutuallnsurunce Compuny, demundsjudgment in its
favor and against Plaintiffs, dismissing Plaintiffs' Complaint, with prejudice along with costs,
expenses und attorney's fees expended in the defense of this matter and any and all other relief
deemed just und proper.
NEW MATTER
12. Plaintiffs' Complaint fails to state a claim upon which relief cun be grunted.
13. Plaintiffs' action is barred by the Statute of Limitutions.
14. Plaintiffs' action is burred by the Policy oflnsurunce Suit Limitation Clause.
15. The Plaintiffs' roof, deck und garage spouting were not damaged as a result ofa storm
or heavy accumulations of snow.
16. The policy of insurunce upon which a claim has beell made contuins, Imer alia, the
following provision:
...
EXCLUSIONS THAT APPLY TO PROPERTY COVERAGES
We do not pay for loss if one or more of the following exclusions
apply to the loss, regurdless of other causes or events that contributes
to or aggravate the loss, whether such causes or events act to produce
the loss before, utthe same time as, or after the excluded causes or
events.
...
6. Earth Movement - We do not pay for loss which results from
earth movement whcther the earth movement results from natural
or artilicial causes. Earth movement includes but is not limited to:
(a) earthquake;
(b) landslide, subsidence, erosion;
(c) mudllow;
(d) earth sinking, rising, shifting, expanding or contracting; or
...
A true and correct copy of the Policy of Insurance is attuched hereto, and incorpomted herein, as
Exhibit "A".
17. The Plaintiffs' loss, if any, is excluded by virtue of the policy's Earth Movement
Exclusion.
18. The policy of insurance contains the following additional provision:
...
EXCLUSIONS THAT APPLY TO PROPERTY COVERAGES
We do not pay for loss ifone or more of the following exclusions
apply to the loss, regardless of other causes or events that contributes
to or aggravate the loss, whether such causes or events act to produce
the loss before, at the same time as, or after the excluded causes or
events.
...
~
7, Water Damage. We do not pay for loss which results from the
following:
(c) water below the surface of the ground. This includes
water which exerts pressure on, or seeps or leaks through
or into a building, sidewalk, driveway, foundation, swimming
pool or other structure.
...
19. The Pluintiffs' loss, if any, is excluded by virtue of the policy's Water Damage
Exclusion.
20. The policy of insurance contains the following additional provision:
...
EXCLUSIONS THAT APPLY TO PROPERTY COVERAGES
We do not pay for loss if one or more of the following exclusions
apply to the loss, regardless of other causes or events that contributes
to or aggravate the loss, whether such causes or events act to produce
the loss before, at the same time as, or after the excluded causes or
events.
...
10, Wear and Tear - We do not pay for loss which results from
wear und tear, murring, deterioration, inherent vice, latent defect,
mechUIlical breakdown, rust, wet or dry rot, corrosion, mold,
contamination or smog. We do pay for an ensuing loss unless
the ensuing loss itself is excluded.
...
21. The Plaintiffs' loss, if uny, is excluded by virtue of the policy's Wear and Tear
Exclusion.
22. The policy of insurunce contains the following additionul provision:
Exclusions - Apply to Coverage A and Coverage B -
The following exclusions apply in addition to the Exclusions That Apply To
Property Coverages:
...
2, Freezing, Thawing, Pressure or Weight of Ice or Water. We do not pay
for damage to structures (other than buildings, carports or mobile homes) such
as swimming pools, fences, retaining walls, peers, wharves, foundations, patios,
and paved areas caused by freezing, thawing or pressure or weight of ice or
water whether driven by wind or not.
...
23. The damage, ifany, to the Plaintiffs' deck was a result of freezing, thawing, pressure
or weight of ice or water and therefore is excluded from coverage.
24. On or about, April 4, 1996 Brethren Mutual forwarded a Proof of Loss in the amount
of$I,998.85 for full adjustment of the chimney claim.
A true and correct copy of the ProofofLos~ is attached hereto, and incorporated herein. as Exhibit
UB".
25. The Plaintiffs have refused to execute the Proof of Loss in accordance with the terms
and conditions of the policy of insurance upon which their insurance claim was made.
WHEREFORE, Brethren Mutual Insurance Company, demands judgment in its favor and
against Plaintiffs, dismissing Plaintiffs' Complaint, with prejudice, with costs, expenses and
attorney's fees expended in the defense of this matter and any and all other relief deemed just and
proper.
DURKIN & GRAEFF, P.C.
BY:
y/u-tfY; .
Martin A. Durkin, Jr., Esquire
One Penn Center
Suite 1520
1617 John F. Kennedy Boulevard
Philadelphia, P A 19103
Attorney for Defendant
DATE: October 28. 1997
Ii
Poli!=yNl'mber 00'/6456 110
Renewal of r, I:\.'
J ...ECLARA nONS:
Named Insured and P.O. Address
INumlNl, s"..t. Town Of ellt. O:umtr. St.,.. Zip C~J
JAMES D. &. CINDY E. 5110TTO
4 3 ~ ~'AHH ROAD
NE....VILLE
Policy Period:
From 12/31/93
to
Your Homeowner', Policy in plain langulIlJe
8~
PI" ........... Compony
01""""'" Caunty
0. '_ ... -..PA
~ '*""Y t, 1110
MUTUAL COMPANY
NONASSESSABLE POLICY.
HILLER INS. ASSOC., INC.
~A 17211 0254-00
12/31/96 IC 12:01 a.m. Standard Time
. Agen t
The Described Location covered by this policy it located at the above address, unless otherwise stated.
fNumbtt,. BtrNt, To.. Of City. Counrr, Sr..., Zip CodtJ
PENN TO....NSIIIP. CUHBERLAND COUNTY
This r~lacn III p,...,iou,ly iuuld policy O.clarltioN. If Iny. This polley applin only 10 Kelden... DOC'm8ncetor 10." which Npplln du;lng the polley perk)d Iho~
abov.. II thl policy tI writt,n on I continuous balis. ..ch period of on. .,N' .nding on thl annutl InnivtrlafY dl" 01 thit policy conniluln I ..patl" policy Pltlod.
Thi. policy ,ppli.. only to tho.. coverlQ" below 'or ""hieh . limit of habllity or premhJm chlrg. II shown. Our limit of liabillly lor 11th c:ovttl9llhlll be no. mo
thin the ..-nount It.t.d 'or ",ch C:OW"VI. ",bj.ct 10 .lIth, termlof thit policy.
Property Covenge. Limi10f Liability Deductible All Peril.
A. Ruidonce S
B. Related Private Structures on the Premises S
C. Person..1 Propeny S
D. Additionol Living expense and Los. of Rent S
Per.onal Liability eovafage
L Personal Liability Each Occurranca S
M. Medical Payments to Others Each Person S
11 0,000
11 ,000
77,000
22,000
250 DEDUCTIBLE A~PLIES
Subjtct T.o Following Forml .nd EndOfltm.nll
HL-5~
INC. L
HL-216
HL-4B
limit of Liability
300,000
1,000
FORH-3(7-BB), HL-55(7-BB),
HL-216(7-B6). HL-4B(7-60)
FHB(3/80) HL63(J/BB) HL120(4/B1)
HLI47(1/67) HL151(7/60)
BASIC PREMIUM S 216.00 ANNUAL TOTAL PREMIUM S
Addition.1 '''Id.ne. p"ml..a. if .ny. loc.ttd; IND.. Strltt. Town or City. County. St.t.. Zip Cod,)
2'12.00
MortglVl.lal
0130-10
'NAME AND ADDRE$51
OW9thng
OCCUPied by
BANK
1 S. CENTRE
POTTSVILLE
Zone 1
STREE1'
PA 17901
Proto CI. PP Pr.mium Group No.
Number of Ap.nmtntlln building
26
Fram, Fir. AnilUvt erlck. Sian. or Mllonry V,n"r
Frem, WIth .Iuminum or pl.nit; lidin Brick Ston, or M.lOnr
tal TI\e cHtCl"~ ~.1'''9'' 1\01 '''IONI; ltll no bY..,,", Ctu'Ill'" aI' COf'lNct~ 0'" tn.o"nl&:Jloi Dram,,": tcl t"-elIncr,bId .,r.m"n,' lh. only pr'"'......."'",'" N""adln"",ad or rDOU7'
~,nlaonl a ",.Of'nC1r Olhtr IPwI" bu..nn, 01" rarm P'OOlft'I'''; Idllh. In",,1'd "', no lu" 11m.,..'dI"" tmploy.."I; 1.1 the In",,1CI ".. no DUl~dmOtOfIIl Of """CQft Dlhttwttt efef
urwte, Ih" POIIC.. 10' II'IIhlCI\ co...'..." d.."1'd (aCIIP11On, ,la,,'I. to lal. Ibl. tel. Idl. e.1. or lal 1M." mll"'"1 no ._Aplio...'
AGENCY AT: 5 BROOK....OOD AVENUE
7]'/"243-44110
Countersign.ture Dlte
CAIlLISLE
PA 1'1013
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l"th..IJU IDDw"'''lrO ""11",1 (II ....IS ",,'" '111W,m,ulon CapyllVl11 AAIS '9Hl
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MUTUAL PROVISIONS
F/.RMERS' MUTUAL FIRE INSURAUCE COMPAUY OF SCHUYLKill. COUNTY
'.IEr..' t'" ,. '", ': .... ..~ "( ~ ~ ','.~I:lc2' Corp'allon organized and operating ur.~~r tM la,';s 011 he Co,nmonl'.'eallh 01 Penn~\I'.'a1:::
,1d 1", : : ,: . .. ',:,~: , , n, " -:,', 'jlt~e issuance and arc~~I"nre ulthls policy br:~'11c~' member Of thl~ Compa"I'
" ,
, ::.. ; ;J3YIll.nt of t~(; vcmILn', d', he:l'"
POLICY 1I0t; ", ..[~S; . 7, ,.
prol'::,:
. "
__ANIlU;'L t,:l[TII:G: The annua.ll'le~ting of this Company I~ held at 10 A, M,.on Ihe four.~ Salurday In March of eai;ll ycar at its Home orr:~e
.-In Ormgsbu,rg, Pennsylvania, _ ,.' .. . . ,
.., . In IYltne:s Whereof, Ihis Com:. ;:OJ' hac ~!C:~1cj ;11:1 ,~e...trJ ~ne"i presents; ~": :-;~ pelley shall n~~ bE va' r: u1":~5 countersl~',~j
by It ~ :u' . :::,H,' 'I;cd ;'~enl 01 this C=mpJny a: the agency hereir,b.tore mentioned,
.- :;:....:~~~', ~:-;d ~ -: 1;';-: .;:t!.. 10: i' I
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FARMERS' MUTUAL FIRE INSURANCE COMPANY
OF SCHUYLKILL COUNTY
ORWIGI8URG, PA,
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ENDORSEMENT
It Is agreed that the paragraph(l) below are made a part of this policy.
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OCCUPANCY CLAUSE
In consideration of the rate at whloh this policy II written It Is agreed that the
occupants of the dwelling described herein are not directly engaged In fannlng'as
an occupation or commercial operation, and that such farming as Is conducted on
the premises Is only Incidental to the occupation of the land as a place of
residence.
EXCLUSION OF FARM-TYPE OUTSUILDING(S)
It Is agreed that Coverage "S" Appurtenant Structurel, does not cover barns or
any farm-type outbulldlng{s) al an appurtenant structure under this policy.
FM.8(3/80)
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PUNITIVE DAMAGE EXCWSION
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':' ;;.M~.147
(Ed. 1"7)
MIS
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This policy does not cover punitive or exemplary damages or related defense costs. This exclusion applies regardless
of any provisions of this policy or endorsaments attached to it.
ML.147
~ Copyright 1887 MIS
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AAIS
PENNSYlVANIA
Inlurlne. Conlultlllon S.rvle.. Enmpllon Ael . Nollet
This company may provide consultation services such as inspections or surveys 01 your property in accordance with the
. provisions 01 the policy, These services may reduce the likelihood 01 injury, death or loss,
This notice is required to be prcvided to you by the "Insurance Consultation Services Exemption Act" ot Pennsylvania, This
act provides that we, our agents, employees, or service contractors are not liable lor damages trom injury, death or loss
occurring as a result 01 an act or omission by a person 10 the course 01 such services,
The Act does not apply:
1. lithe injury, death or loss occurred during the actual performance of the consultation services and was caused by our
negligence or the negligence 01 our agents, employees or service contractors;
2, To consultation services perlormed under a written service contract not related to the polioy; or
3, II an act or omission by us, our agents, employees or service contractors is determined by law t6 consliMe a crime, actual
malice or gross negligence,
Thll nolle. mUlt b. .nached to .11 new and r.newal pollelll.
ML.l20
AAIS
Copyrlghll181
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AMENDMENT OF POUCY TERMS
PENNSYLVANIA
1. Under Incidental Property CoVWIll", Oebrla
Remova/ Is amended by:
We pay up to $500 to r\Il11OYI fallen trMS from the
lnalnd )nmlln " a atruclUra ccvered under this
policy Is damaged by Wlndstonn 01' Hal 01' Weight
at Ice. Snow 01' Sleel and, as a I8Slit at IIJCh weath.
er condttlons. the Governor at pennsytvanla declares
the area In whlch the lnaurwd )nmlsa Is located to
be a disaster area.
2. Under COVWIlle M - Medical Peymenta to Othen,
the three year time Ilmltatlon doll ncI apply to
8lq)8llHI '01' funer8I seMcea. .
3. The Cancellation end Nornnewal condltlonl are
replaced by:
Cene.lllllon elld Nonren.wal - You may cancel
thl, policy by returning the policy to us 01' by glvlng
us written ncllce and ItaIIng III what fWlr8 date
coverage II to stop.
During the tnt 60 days lhIa policy Is In effed, we
may cancel '01' any I1IUOI1.
If this policy has been In effect eo days or mora. Of'
If tt Is a renewal at a policy Issued by us, we may
cancel 01' ncI renew any '01' the 'oIlow1ng reuona:
ML,G Ed 1.0
L the premium has nol been paid when due;
b. the policy was oblalned through fraud. I1lIlIIIII
mlsrepr....tIon 01' omIsslon at fact which. I
Icrlown by us, woUd have caUMCf us nol to ....
the policy; 01'
C. there has been a material change Of' Increase In
hazard at the risk.
We wi! give you notice III least 30 days In advance
at canceIIaIJon or 1lClI'lI'llI-... Our notice wi! sIII8
the I'8IIODI '01' ~"'inrI or norv..-al.
ThIa policy termlnat.. automatlcany on III explralIon
or annIverIary , you: .
L surrender the policy to us;
b. hive nollfIecf us or our agent In writing at ycu
Intent nol to renew; or
c. have nol paid the renewal or Inslallment premfum
when due.
We may cancel this policy by written notice to you
III the address shown on the Declarations.
Your retum premlum. , any, willie refunded III tile
tlme at cancellation 01' as IOOrl as praClIcaf. Paymn
Of' tender at the unearned premium Is ncla condlIIan
at cancellation.
CopyIIght MCMXC, American AIoodaIion 01 k>oul1lllCe SoMcn
AIJS
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DEFINITIONS
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1, The words you and your mean the person or
persona named on the Declarations and your
.pouse If a resident of your household, The words
we, UI and our mean the company providing this
Insurance,
2, Bodily InJury means bodily harm to a person and
Includes .Ickness, dlseasll or death, This also
Includes required care and loss of services,
Bodily InJury does not mean bodily harm, sickness,
disease or death that arises out ot:
a. a communicable dlsll3se; or
b, the actual, alleged or threatened sexual molesta-
tion of a person,
3, Bu.lnl.. means a trade, a proiasslon or an
occupation Including larmlng, all whether lull or part
time. This Includes the rental of property to others.
It does not Include the occasional rental lor
residential purposes 01 the part 01 the In.ured
pre mi... normally occupied solely by your
hou~ehold.
Bu.lnes. Includes services regula~y prcMded by an
In.ured for the care of others end lor which an
lnaurad Is compensated, A mutual exchange of like
services Is not considered compensetlon.
Bu.lne'l does not Include:
a. the Incidental actlv~les that are usually performed
by min.::lrs, or
b, ee: ',..~Ies t~,at ere related to buslne.., but are
u~Jaliy vie~led as non-business 1'1 nature,
4, Credit Clrd means a card. plate, coupon book or
other credn device existing lor the purpose of
obtaining money, property, labor or services on
cred~, This Includes deb~ cards or fund transler
cards used to deposn, withdraw or transfer fonds,
5, Domestic Employee means a person employed by
an In.ured to perform duties that relate to the use
and care 01 the Insured premises, This Includes a
perso'1 who perfcrms duties of a similar nature
elsewhere for an Insured, This does not Include a
person while performing dutlos In connection wnh
the business of an Insured,
6, Insured means:
a, you;
b, your relatives If residents 01 your household;
FORM 3
MIS
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c, persons under the age of 2t In your care Of In the
care of your resident relatives: and
d, your lellal representutlve If you die while Insured
by this policy, ThIs person Is an Inlurad my with
respect to Insurance on covered property and
liability arising out of the property, An In.ured at
the time 01 your death remains an In.ured while
residing on the In.ured prlml...;
Under Coverages L and M, In.ured also Includes:
.
e, persona using or caring lor watercraft or enlmals
owned by an Inlurad and to which this InsuranCB
applies (This does not Include persons using or
carlng for watercraft or animals In the course of
bu.ln... or wnhout the owner's consent,);
f. persons In the course 01 performing domestic
duties that relate to the Iniured prlml.es; and
g. persons In the course of acting as your real estate
manager lor the In.ured pr.ml...,
Each of the abov9 Is a separate In. urad, but this
does not Increase our limit
7. Insurld Preml...
a. Descrlbed location:
1) If you own the one- to four.family house
descrlbed on the Declarations, the In.ured
pre mi... means that house, related private
structures and grounds at that location.
2) If you own the townhouse or row house
de3crlbed on the :::eclara!Ii,1S, t~a In.u~ed
premises means thatta.vnhO'Jse or ~7i' hou~ '"
relat~,j private strucIJreS 1I"~ grour>::. "sed :.r
occupied solely by your housahold for residen-
tial purposes at that location.
3) II you a.vn the one- or two-Iamly mobile home
described on the Declarations, the In.ured
preml.es means that mobile home, releted
prlvate stnJdures and grounds at that location.
b, Under Coverages L and M, In.ured preml... also
Includes:
1) other premises shown on the Declarations;
2) that part of a residential premises acquired and
to be used by you while this policy Is In elIect,
3) all vacant land owned by or rented to an
In.ured. ThIs Includes land where a rnldence
Is being built lor the use of an In.ured, This
does not Include farm land;
4) your cemetery lots and burial vaults or those
of your resident relatives;
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Copyright 1888
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. 5) ~ 'ljlnr1,oI resldentJal premlses. na 00NI18d by
a~ In.u~ed, while temporarily used by an
In.ured;
6) pr.mls.. used by you In connectIon wtth the
described location; , ,
, 7) all access waya Immediately adjoining the
, ',,,,.Insured pr.m....; and . ",', ,; "
,; . '8) that part 01 premlses occ:aslonaIIy rerted to en
In.ured for other than bu.lne.. purposes,
8, Umlt mean, the limit of liability that applies.
9, Motor V.hlcle means a motorlzed vehicle, a traler
or a ,eml.traDer, and all attached machinery or
equipment, N:
a. It Is ,ub]ect 10 motor vehIcle registration; or
b. It la designed for use on public road..
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10, Motorized Vehicle means a self.propelled land or
amphibious vehicle regardless of method of surface
contact. Thl, Include, parts and equipment
ThIa does na Include vehicles that are deslgned ard
used llJ asaIst the handicapped and are nol I8qUlred
to be licensed for road use,
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11. Occurrence means an accident. this Includes loss
from repeated exposure to similar condltlons,
12. Pollutant means any solid. liquid, gaseous, 'henna!
: , or IlIdIoactMlIrrtt8nt or corUmlnant..lndudlng acids,
alkalis, chemicals, !umes, smoke, soot, vapor or
waste. Waste Includes materials to be disposed of,
recycled, reconditioned or reclaimed.
13, Property Oemage means physical InJury to tangible
, property, this Includes the loss of use,
14. Recreational Motor Vahlcle meens a motorlzad
vehlcla, 1\ trailer or attached equipment that Is
designed or Is used for leisure time activities and
which Is not a motor vehlcla.
15. R..ldence means a one- to lour.famDy house, a
townhouse, a row house or '8 one- or two-family
mobDe home.
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16, Tarma means an provtslons, limitations, 'exclusions,
conditions and deftnltlons used In thIs polIcy,
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PROPERTY COVERAGES
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PRINCIPAL PROPERTY COVERAGES
CovwIga A . RlIldanca . We COI9l the mldanee on
the In.ured praml.... This Includes additions and
built-In components and Iixlures and building materials
and supplies located on the In.ured preml.a. for use
In construction of or to the realdence.
We do not cover land, Including the land on which the
property Is located, Wlderground water or surface water,
Wa do not cover trees, plants, shrubs and lawns, 8Xce~
as provided under Incidental Property Coverages.
Covaraga B . Ralated Prlv.ta Structure. . W. cover
related private structures on the In.urad premise.
which are not attached to your re.ld.nce. Structures
that are connected to your r..ld.nc. by only a lence,
a utility line or a similar connection are not considered
anached, '
FORM 3
AAIS
Wa cover fences, drlvCJWIIYS, aldllWalka and other
permanently Installed outdoor fbctures, and buDding
materials and supplies locaIed on the In.urad premise.
for use In construction of or to a related private
structure, '
We do not cover land, Including the land on which the
property Is located, Wlderground water or surface water,
We do not cover structures used lor buslne.., Thisàdoes not apply to structures:
1. rented to a lenant of the resIdence on the In.ured
pr.ml... and not used lor bu.lne..; or
2. used solely for private garage purposes,
W. do na COI9l trees, Parts. shrubs and lawns, except
as provided under Incidental Property Coverages,
-2.
Copyright 1888
Cov,raga C - Per.ona' Proper1V
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1, We OO\Ier personal property C1M18d by 01' In the care
01 an Ineured, Coverage for perianal property
usually on residential premll" 01 an In.ured OIher
1han the In.Uled 9l'.ml... II IImhed 19 10 percent
oIlhe Coverage C limit,
2, W. caver personal property In a newly acquired
principal r"ld.nc., The full Coverag. C limit
appllea fill' 30 daya from the daI. ~ begin to rTlO\II,
Alter that, OO\Ierage lor personal property In . nev.1y
ecqulred prtnclpall'llld.nc. Is limned 10 10 percent
oIlhe Coverage C limit. Thl. cov.rage :fOIl! not
extend pasllhe dale on which the policy expires or
the date on which the policy II lermlnaled,
3, No yOU' option, per1IOI'Ill/ property a.Nn8d by . guell
or dom..Uc .mploy.. II covered while h II In that
part 01 resldentl8l premises occupied by an Inlured,
4, Umltatlon. on CII1IIn Property . The apeclalllmlta
.hewn below do not Incr.... the Cov.rage C limit,
Th. limit for ..ch clall Is th. total limit par
occurrence for ell heml In lhat elaas,
;:., S~OO on money, bank nOlel, bullion, gold OIh.r
than goldwar. and gold.pleled war., .Iver oth.r
than .Uverwar. and dv.r.plaled war., plaUnum
and numismatic property,
b, $1,000 on .ecurtll.., stamp., phUalellc property,
bill, lettera 01 credn, not.. other than bank note..
ticket., accounta, d.ed', ....Id.nc. 01 d.bt,
pa.sport. and manu.crlpll,
c, $1,500 fer 1011 by thelt 01 Jewelry, watch..,
precloua and aemlprecloua Ilonet, gema and fin.
d, $2,500 for lOll by th.ft 01 .Iv.rware, goldw.re,
pawlerware and haml plated with geld or .Uv.r,
e, $2,000 for 10sI by theft of gun. and hem. related
to guns,
f, $1,000 on wat.rcraft Including their traUer.,
fumllhlng., equipment and malara,
g, $1,000 on traU.ra not OIherwtll provided for,
h, bu.ln... property up to th. amounl. .hewn
below:
1) $2,500 whB. on th. In.ured pr.ml...;
2) $250 whll. away from the In.ured pr.ml....
5, Plf'lonal Property Not Covered. W. do not 00\1.,:
a. property covered by .cheduled In.uranc.;
b, animal., bird., flah or In.ecll;
FORM 3
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c, motorized v.hlel.., unl... Uled only 10 leNlce
the Inlured pr.ml... .nd nol required to bo
Ilcenled lor road u..;
d, air crall, Including th.lr part. and equipment;
., property 01 roomerl and boelJerl who are nul
In.uredl;
f, Ir"l, planl., Ihrubl, and lawnl, IXcepl as
provided under Incidental Property Cov.rag..:
g, e1eclronlc devlc.., acclllcrlll, or .nt.nnal lhal
may be op.raled from th. e1.ctrlcalayat.m of a
motorlz.d vehlcl., farm equlpm.nt 01' w.tercraft
whi. In or on Ih. motorized vahlcl., farm
equlpmenl or walercr.II, Thll 10000.. fUms,
LlpeI, wlrw. dllCl, 1'IOOrd. ur other madla fill' use
whh luch d.vtc..; or
h, Iou that rllull. from credit card., IXC.pt al
provided und.r Incld.ntal Property Cov.rag..,
COvtnlll' D . Additional Uvlnll Co.t. .nd Lo.. of
fl.nt Coverage . W. pay the _,a'Y and reasonable
Inc,... In IMng coati you Incur to maintain the normal
standard 01 living 01 your houllhold N a part 01 the
'n.ured pr.mll.. I. mad. unfn for u.. by an lnaured
Iou. W. pay only for the pertod 01 tIm. raalonably
required to make th. In.ured preml... III fill' ua. or to
1Illl. y_ houaehcld In IWN qlart8rI, ~ II ....
Thl. period 01 tlm. I. not limned by the policy period.
W. pay for Ih. rent you 10.. 01' the fair rwttaI value If
the part 01 th. In.ured preml... rented 01' held for
renI8Ilo othera II mad. lJ'IfIt fO( UN by an k1Iured Io8a.
W. only pay lor the period oIUm. rlllOl1lbly required
to make Ih. In.ur.d pr.ml... lit for ua., lou 01 lent
II the I/Tl()lQ you woUd ha~ received .. the chargas
and .xpanl81 lhat do nOI conUnu. whUa Ihe In.ur.d
pr.ml... II unf~ lor u.., Thll parlod 01 lime I. nol
Ilmhed by the polley period,
W. pay your addhlonalllvlng COlli and Iou 01 rant for
up to two weekl If Ih. preml... next to the In.ured
pr.mll.. II damaged 'rom a pari lnaurad against by
thll polley .nd you may not, by order of cIvIauthorlty,
u.. Ih. Inlur.d pr.ml..., Thl. I. not limned by the
polley period.
W. do not pay for lOll 0/ "'nt or COllI due to the
cancell.Uon 01 . I.... or an agreement.
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Copyright 11188
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II'.ICiOEN.TAl PROPERTY COVERAGES
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This policy provides the IoIlowlng Incidental Property
Coverages. They are subject to all of the t.rm. 01 the
applicable Coverages A. B or C, ,Thes. coverages
provide addnlonallnsurance unless otherwise stated.
1. Em,rg.ncy R.mo,V11I
This coverage does not Increase the limits shown
for the property being removed,
W. pay lor loss to covered property that Is moved
from a premises to prevent a loss from perls Insured
against, The property Is covered for direct physical
loss not excluded, for up to 30 days. ThIs cowrag&
does not extend past the date on which this policy
expires. ' ,
W. pay up to $250 towing charge to move a
covered mobile home that Is In danger from a perD
Insured against
2. O.brl. R.moval - W. pay the cost to remove the
debris of covered prop-3rty after an Insured loss.
When the covered loss, plus the cost of debris
removal Is more than the limit for the damaged
property, up to an extra 5 percenl of this limit may
be applied to cover debris removal. ' , ,
This coverage does not Include costs to:
, , a. extract pollutants from land or water; or
b, ,rem~e, restore or'replace polluted land or water.
We also pay up to $.';00 to remove fallen trees which
cause damage to covered property If:
a, the falling of the tree Is caused by a perU Insured
against under Coverage C; and
b. coverage Is not provided elsewhere by this policy,
3, Fire Oepartment S.rvlce Chsrge - W. pay up to
$500 lor charges assumed by you under a contract
or agreement when a ftre department Is called to
save or protect covered property from a perl Insured
against.
FORM 3
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4, Credit Card, Forgery end Counllff.1t Money - W.
pay up to $1,000 If an Insured:
a, hy law mUll pay for the unauthorlzed use d credit
cards Issued or registered In the name 01 an
In. urad;
b., has a, loss wh6n checks, drafts, notes or
'negotiable Instrumenls are forged or altered; or
c. accapts In good fanh counlerlelt Unned States or
Canadian paper money.,
W. do not pay for a loss If:
a, the Insured haa not compiled wtth the rUes under
which the credit card was Issued;
b, Ihe loss Is caused by the dishonesty 01 an
In. urad;
c. the loss results from the builn... of an In.ur.d;
or .
,d. the loss occurs whOe a person who Is not an
In.ured has tha cradlt card with the consent of
an Insured.
5, Tr..., PI.nt., Shrub. or Lawn. . W. pay for loss
to tree" plants, shrubs or .lawns on the Ineurad
, pra'!'I... caused by:: ' ' "
a. FIre 'or Ughtnlng,' Explosion, Riot or CIvU
Commotion, Aircraft;', ,
, ' b. Vehicles r not a.vned or Operated by an occupant
, of the In. urad praml...; or ' " "
c. Vandalism or Theft. '
You may apply up to 10 percent of the Coverage C
limit to cover trees, plants, shrubs or lawns. We do
not pay more than $500 for each tree, plant or shrub,
This Includes the cost to remove the debris 01 the
covered Item,
We do not cover trees, plants, shrubs or lawns
grown lor buslnall,
6, Grav. Mark.rs - We pay up to $1,000 for loss to
grave markers and mausoleums caused by a peril
that applies to Coverage C.
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Copyright 11181
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PERILS INSURED AGAINST. COVERAGES A, B, C AND D,: "
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Coverage A _ Realdence end Covarage B - Related
?-"'ste Structurea . This policy covers the r..ldenca
'c j related private slclJctures on thelnaured pramla..
fer rl~ks of direct physical loss unless apec~lcally
excluded, ' ",. ..
E duslona _ Apply to Coverage A and Coverage B -
The following exclusions apply In addlllon 10 the
Exclusions That Apply To Propeny Coverages:
1. Freezing, Dlacharge, Leauge or Overflow .
Unoccupied Realdence . If the ralldence II vacant,
unoccupied or under construcllon end unoccupied,
Ine Inaured must take reasonable care to:
a',malntuln heat In the buQdlng; or
b, shut off the weter IUPply and completely empty
liquids from plumbing, healing or alr.condhlonlng
systems, water heaterl or domesllo appllanc..,
If ~ Inlured fais to do thIa, ww do noIpay for Iou
caused by freezing or the rllulllng discharge,
leakage or overtlow from luch Iystem, water heater
or domesllc appliance,
2, Freezing, thawing, pre..ure or Weight of Ie. or
Water - W. do not pay for damage to Itructuree
(other than buQdlngs, carpona or mobile hom..)
such as swimming pooIl, fanell, retaining wall I,
piers, wharves, foundallonl, pallol and paved areal
caused by freezing, thawing or pr..lure ~ w.lght
of Ice or water whelher driven by wind or n~t.
3, Theft,- W. do not cover theft or anempted Iheft In
or 10 a residence being buill, or Iheft (jf malerlals
and supplies for use In conltrucllon of the
r..ldence, until the r..ldenee II IInllhed and
occupied,
VS!ldaliam 0:' ale.. BrNuge . We do not pay for
loss caused by vandall or brea~age or glslS while
the r..ldenc. II vaCllnl for more than 30 deys In e
row before the lOIS, A rlGldene. boln\l built Is not
vacant.
5, Seepage or Leakege . We do not pay for loss
caUled by repealed or continuous seepage or
leekaglt of liquid I or steem from within a plumbing,
heating or alr.condhlonlng aystem, water heater or
domesllc appliance,
(_capl as provided above, we pay for loss caused
by the accidental leakage, overflow or discharge of
IIqulda or Iteam from a plumbing, healing or air-
condlllonlng system or domestic appliance, We also
pay the re8l0nable cost of removing and replacing
FORM 3
MIS
thOle pane 01 the buQdlng or mobile home
nec....ry to make repairs, We do net pay for loss
to the Iystem or domesllc appliance from which the
liquid or alN,!! escapel, ' , ,
6, Senllng, Cracking, Shrinking, Bulging or Ex.
pandlng . We do not pay for loss caused by the
Isnllng, cracking, shrinking, bulging or expanding of
a building structure or mobile home, pavements,
pallol or other outdoor structures,
7, Blrde, Vermin, Rodentl, Inllcta or Domestic
Anlmala - Wa do not pay for loss caused by birds,
vermin, rodenta, Inaectl or domestic animals.
However, we do pay for collepse of B building or a
pan a a buldlng caused by hidden Insect or vermin
damage, (Collapse does not mean settling, crack-
Ing, shrinking, bulging or expanding,) ,
8, Smoke . We do not pay for damage caused by
amoke from agricultural smudging or Industrial
operellons.
We pay for' an ensuing loss by Are, explosion, Smoke
or GIa.. jll'lIIkage which results from any (j the above,
Unl"l tha ensuing loss Itself Is excluded. ' .
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Coverege C . Peraonal Property - This polIcy Insures
egalnst direct physical loss to propeny covered uncler
Coverage C . Personal Propeny, caused by the
following:
1, Fire or Ughlnlng
2, Wlnd.torm or Hall
e, We do not pay for loss to propeny Inside a
structure, caused by dust, rain, sand, sleet, snow
or water, all whether driven by wind or not, which
enter through an opening not made by the direct
force of wind or hAil. '
b, We do not pay for loss to watercraft and their
trailers, furnishings, equipment and motors unless
Inside, a fully enclosed building, We do cover
canoes and rowboats while on the In.ured
premises,
3, Explosion
4, Riot or Civil Commotion
5, Aircraft
.5-
Copyright 18BB
.
'. .'
" .
6. Vehlcl..: .
I t I ,~ . i
7. Sudddn 'lind' Accidental Oamag. from Smoke .
We do not pay for loss caused by smoke from
agrfcultural smudging or Industrial operations,
8, Slr,khol. Colla pI. ...,Thls means loss caused by
sudden settlement or collapse of earth supporting
covered property, The earth settlement or collapse
must result from subterranean voids created by the
action 01 water on a IImeslona or similar rock
formation,
W. do not cover the value 01 land or the cosl of
IIIlIng sinkholes.
9, Volcanic Action. This means:
'.,
. "'''~~-'''.'e'fY~~
l.;.
1) property While on the pan of residential
premises whIch an Inlured owns, ,.ent. or
or.cuples, except for the tlma whll,e an Inlured
temporarily resides Ihere, W. do cover the
property 01 an Insured who Is a lull.tlme student
while k Is In the living quarters occupied by the
': Student at school; ... '.
2) traDers and their equipment;
3) campers or camper bodies; or
-4) watercrsft and their fumlshlngs, equipment and
motors.
,
/,
B. airborne volcanic blast or alrbOma shock waves;
b, ash, dust or particulate matter; or
c, lava flow,
W. do not cover removal of ash, dust or particulate
matter that does not cause direct physical loss to
covered property.
10, Vandalllm . W. do not pay for loss If the Inlured
premll.. Is vacant for more than 30 days In a row
just before the loss, A relldenc. being built Is not
vacant. .,
...: '
11. Theft - This Includes attempted theft .and loss of
property from a known piece when k Is likely that
theft OCcurred. . ;
B. W. do not 'cover theft by an Inlured,
b, W. do not cover theft In or to a r.lldenc. baing
built, or theft 01 materfals and supplies lor use In
conslnJctlon 01 the residence, untl the relldenca
Is Ilnlshed and occupied,
c, We do not pay lor loss of a precious or
semiprecious Slone from tts setting,
d, We do not pay for loss that results from the theft
of a credit card, except as provided under
Incidental Property Coverages.
e. We do 'not ~over theft from a part of the
relldenc. usually occupied solely by an Insured
while tt Is rented to others,
f, We do not cover theft that occurs away Irom Ihe
In.ured pre mile. of: '
. : L..';~ .
-~ "
FORM 3
AAIS
r,
12, F.lllng Objlctl
a, We do not pay for loss to property Inside a
structure, unless the object has first damaged Ihe
walls or roof by Impact. '
b, We do not pay for loss 10 the objsct which lalls,
1 '. " . , .." .
13, WeIght of Ic., Snow or Sleet which damages a
structure or the property Inside. We do not pay for
loss to awnlrigs or canopies arid their supports or
.,' swImming pools.
14, Collaple of I BuIlding or a Part of I BuildIng
(Collapse does noi mean settling, cracking, shrfnk.
lng, bulging or expanding,) We do not pay lor loss
by collapse thaI results from an excluded cause or
event. -
'. .._ '. ,r. .:.
- ,
15, Sudden Ind"Accldental TearIng Apart, CrackIng,
BurnIng or BUlgIng of a heat or alr-COndklonlng
system or water heater - We do not pay for loss
caused by freezIng,' , '" .
16,Accldental Oflchsrge or Overflow of Uquldl or
Sleem Irom a plumbing, heating or alr.condltlonlng
system or from a domestic appllsnce,
a, We do not pay lor loss caused by continuous or
repeated seepage or leakage,
b, We do not pay for loss If Ihe residence has baen
vacant lor more than 30 days In a row jusl balore
the loss, A relldence being built Is not vacant
c. We do not pay for loss to the system or domestic
appliance from which the liquid or steam escapes.
(We do pay the cost to remova and replace only
those parts of the structure needed to repair Ihe
system or domestic appliance,)
-8-
Copyright 1888
. d:W. do'not pay fOllou caused by freezing,
0: WI dO. not pay for Iou on the Inlurad prllmllll
caused by accldllOlal discharge 01' overlla.v which
comes 'rom off the Inlurad pr.ml...,
17, Fr..zlnll of a plumbing, heating or alr-condhlonlng
Iyslem or domestic appllanc. ~ w. do not pay for
loss on the Inlurad pr.mllla while the r..ldence
Is vscant, unoccupied or la being buill end Is
unoccupied, w. do pay for such loss K an Inlured
has used reasonable care to:
.
..
a, maintain heat In the bulldlng..or r;1tobJle h6me; or.
b. shut ort the liquid IUPply a~ dr;t!n \he system or
domestic appliance,
18, Sudd.n and Accld.ntal Damlg. from Artificially
Gan.rstad Electrical Curr.ntl . Wa do not pay for
" losato tube.. transistors and eJmUar electronic
components.
~
1\
I
~'
..
r
i
,
i
EXCLUSIONS THAT APPLY TO PROPERTY COVERAGES
w. do not'pay for loss If one or more of the follciwlng
eX:O:Us:on3 apply to the loss. regardless 01 other causes
or events thaI contribute to or aggravate the loss,
whether such causes or events act to produca the loss
befora, at the same time as, or after the excluded
causes or events,
1. Ordlnanca or LAw . We do not pay for loss or
Increased cost which results from the enforcement
01 a code, OIdlnance 01 law which regulataa the use,
constructlon, repair 01 demolhlon 01 property, When
breakage of glass Is covered, w. pay to replace the
damaged glass with safety glazing materials If
reql,:rGd by code, ordinance or law. .
2. Civil Authorl1y - W. do not pay for a loss which
results from order of civil authority.
We pay for loss which results from acts of a civil
authorhy to prevent the spread of lire, We do not
pc;y If the lire was caused by an excluded peril,
3, Nuclear Huard . W. do not pay for loss which
results from nuclear reaction, nuclear radiation 01
radioactive contamination (whether controlled or
..mcontrolled; whether caused by, contributed to or
aggravated by 8 peril Insured against and whether
caused by natural, accidental or artlflclal means).
Loss caused by nucleer hazard Is not considered
loss caused by Fire, explosion or Smoke. Direct
loss by Fire resuhlng from the nuclear hazard Is
covered.
4. War. w. do not pay for loss which results from
declared or undeclared war, civil war, Insurrection,
rebellion, revolution, warlike act by a military force 01
military personnel, or destruction, seizure or use of
property for a military purpose, It Includes the
consequences of these, Discharge of a nuclear
weapon Is deemed an act of war even If h Is
accidental,
FOAM 3
MIS
II. Neglect. W. do not pay for Ices which IlISI.its from
the neglect of an Inlurad to use all reasonable
moans to save and preserve OOYered property at and
after the tlma of a loea.
.
8, Earth Movemant . W. do not pay for loss which
results from earth movement whether the earth
movement results from natural or artlflclal causes,
Earth movement Includes but Is not IImhed to:
a. ll8r1hquake;
b. landslide, subsidence, erosion;
c. mudfla.v;
d. earth sinking, .rJalng, shilling, expanding or
. contracting; or
a. volcanic explosion. Volcanic explosIon does not
Include Volcanic Action as deflned under Perlls
Insured Against.
We do pay for direct loss caused by Fire, Explosion
(other than a volcanic explosion) and Theft resulting
from earth movement.
7, Wat.r Damagl . WI do not pey for loss which
results from the following:
a, flood. eurfaca water, waves, tidal water, overflow
of a body of water or spray, all whether drlvan by
wind or not:
b, water which backs up through sewers or drains;
or
c. water below tha surfaco of the ground, This
Includaa water which exerts praasura on, 01' seeps
or loaks through or Into a building, sidewalk,
driveway, foundation, swimming pool 01 other
structure,
We pay for direct loss caused by FIre, explosion
(other than a volcanic explosion) and Theft resulting
from water damage,
-7-
Copyright 1888
. "
8. Power...D~rulitlon - W. do not pay lor loss which
results lrr,m tile disruption of power or other utility
aervlce~Whether or not k Is caused by a perllnsurad
against, H the cause of the disruption II not on the
In.urlld pr.ml....
r.... . .11.:.. .:","" .-.... '.;
W. do pay for direct 1088 by a parU Insured ~galnst
which occura on the In.ured preml... 88 EI reslil a
the disruption of power.. ,
.
9, BUllln... Int.rruptlon .' W. do not pay for 1088
, which results from Interruption of bu.ln...,
10. W.ar and Tu, . W. do not pay for loss which
results from wear and tear, marring, deterioration,
Inherent vice, latent delect, mechanical breakdown,
rust, wet or dry rot, corrosion, mold, contamination
or lIITlOQ., W.do pey for an ensulng 1088 U1iesa the
ensuIng 105. ltaelf I. excluded.
11.lnt.ntlon.1 Acta ~ W. do no1 pay for loss which
results from sn act committed by or at the direction
of an In.ured and wnh the Intent to cause" loss.
,"
,." ',t. \
12, Errcn, Omlaalon. and D.fectl- W. do nol pay lor
loss which re5IJts from one or more a ths loltCI'Mng:
a. an act, .rror.. or' omission (negligent or not)
relating to: .
, "
"
.,'
1) land use; , ". ",
2) the design, epeclflcatlon, construction,
workmanship or Installation 01 ploperty;
3) plsnnlng, zoning, development, surveying,
snlng, grading, compa':llon; or
4) maintenance of property Qncludlng land,
structures or Improvements); " '
whether on or off the In.ured pr.ml...;
b. a defect, a weakness, lha lnad.quacy, a Isult or
unsoundness In materials used In COI181ructlon or
repair whether on or off the In.ured pr.ml...,
W. do pay for an ensuing Ion unleu the eneulng
loss nulf Is excluded.' :' ' ."
.,
:. .
. .:
,.'
, .' '" ...'
UABILITY COVERAGES
~
PRINCIPAL COVERAGES. UABIUTY AND
MEDICAL PAYMENTS TO OTHERS '
Coverage L . Peraonal Uablllty . We pay, up to our
limit, all eums for which an In.ured Is liable by law
because of bodily Injury or property demage caused
by an occurrence to which this coverage applies. We
will defend a suit seeking damages H the suit resulted
from bodl;y Injury or property damage not excluded
under this coverage. . W. may make Investigations and
senle claims or suns that we decide are appropriate,
We do not have to provlde a defense after M have peld
an amount equal to our limit as a result of a Judgment
or written settlement
,\ .'
Coverage M - Medical Payment. To Othera - We pey
the necessary medical expenses H they are Incurred or
medically determined within three years from the dale a
an accident causing bodily Injury covered by this
policy, Medical expenses means the reasonable
charges lor medical, surgical, X.ray, dental, ambulance,
FORM 3
AAIS
I. ..
..'r'
hospital, professional nursing, funaral services, pros.
thetlc devlces and eyeglasses. including contact lenses.
This applies only to:
1. a person on the In.ured preml..1 with the permls.
slon 01 an Inlured; and
2, a person away from the In.ur.d pre mi... . tha
bodily Injury:
a, Is a resUt a a condition on an InllAd prlml..l;
b. Is caused by an activity of an Inlurad;
c. Is caused by a person In the axne a pelformlng
duties as a domeetlc employ..; l'
d, Is caused by an animal owned by or In the care
01 an Inlured; or
e, Is sustained by B dome.Uc employ.. and arisesfout 01 and In the course of employment.
- I -
Copyrlghl 1811
INCIDENTAL UABIU1'Y COVERAGES
, " I
These coverages are subject to all the terms of Cover-
ages L and M, Except for Claims and Defanse Cost and
First Aid Expense, they do not Increase the limit slated
for the Principal Coverages,
1, Damag.- to propsi1y of Others - Regardless of an
Inlured's legal liability, we pay for property 01 others
damaged by an Insured, or we repair -or replace the
property, to the extent practical, with property 01 like
klnd and quality. Our limit for this ccwerage Is $500
per occurrsnce,
The exclusions that epply to Coverages Land M do
not apply to this coverage, HOW8V8f, we do not pay
for damage to property.
a, owniKl by an Insured, or owned by, rented to or
leased to ,lOother resident of your household or
the tenant of an Inlured; ,
b. caused Intentionally by an Insured who has
attained the 8ge of 13; or
c, resulting In whole or In part from:
1) actlvltle8 related to a bUlln..s of an Inlured;
2) premises owned, rented or controlled by an
Insured, other than an Insured premises; or
3) the ownership, operstlon, maintenance, un,
occupancy, renting, loenlng, entrusting,
supeMslon, loading or unloading. 01 motorized
vehicle.. aircraft or watlll'Clllfl. W. do pay for
property demage to motorized vehicles not
subject to motor vehicle registration and not
O'o'oned by an Insured f lt18 molorlzed vehicle
Is used only to seMce the premises or lilt 18
des'gnl'd lor recreat1c,,,al use off public roeds,
2, Contracts .nd Agreemenll - We pay for damages
for bodily InJury or property damage resUtlng from
liability assumed by an Insured under a wrtt1en
contract made before the loss. The loss causlng the
bodily InJury or property dlmage must heve
occurred during the policy period, This coverage
does not apply to a contract In. connection wlIh
bUllne.. actlliltles of an Insured,
3. Claims end Defen.. Cost - If we defend a suit, we
pay:
a. the costs taxed to an Inlured;
b, the costs Incurred by UI;
c, the actual loss 01 eamlngs by an Insured lor time
spent away from wor1< at our request rNe pay up
to $50 per day,);
FORM 3
AAIS
. .
.
~ .' .
,
,. I 'oj ...
d, the necessary costs Incurred by you at our
req!J~st;
e, the hnarest which accrue8 alter the entry of a
,judgment, but ending when we tender .or pay up
to our limit; ,
I, the premiums on appeal bonds or bonds lor the
release of attachmentl up to our limit rNe are
not required to apply lor or f'Jmllh bondl,l;
g, the premluml up to $500 per baa bond required
of an Insured because of an accident or a traffic
law violation arising out of the use of a vehicle to
which this policy applies. rNe are not requlmd to
apply for or furnish bonds,); and
. h. preludgment Interest awarded against an Inlured
" on that part of the Judgment we pay.
4, FIm Aid Expen.. - We pay the expenses Incurred
. by an Inaured for first aid \0 persons, other than
. Inaureda, lor bodily InJury covered,by thl8 policy,
..' ,'. ,',. '.'
5. MolorlDd V.hlcl.. - We pay Icr the bodily InJury
or the proparty damage which:
a, occurs on tha Insured premlsel and Is a result
01 the ownership, malntenan~e, use, loedlng or
unlaadlng of:
11 a motorized vehicle II It Is not subject to
motor vehicle registration because of Its type
or use; or
2) a rllctuUonal motor vehicle:
. '. ~ . . .'
b, results from: . ,
1) a golf cart while used lor goWng;
- 2) a utility, boat, camp or mobUe home tiiler,
except when the traUer Is carried on, Is Ped
by or Is attached to 8 motor vehIcle :# a
recreatlona' motor vehicle; or
3) a molorlzed vehicle which II designed ::riy
lor use off public roeds 8nd which II .;sed
mainly to service the In.ured premllaa;
c. results Irom an Insured'. use 01 8 recrU1Cna1
motor vehicle which Is nee cwmed by an Insnd.
6, Watercralt.
a, W. '!lity for the bodily InJUry or the prtI1*1Y
damage Yot1lch results from the maintenancs .ISlI,
loeding or unloedlng of:
1) a watercraft while It Is on the InIIRd
premlHI;
- II .
Copyrlg!T. 1148
"
'2) . ~i.rCIlllIt which III nol owned by or rented
to.,!I\,ln,ured " the Iou III a rellult 01 the
acl/vhles 01 an Ineured;
3) a watercrall which II owned by or III rented to
an Inlured and which II powered by Inboard
or Inboard/outboard motora which total 50
horaepower or leu;
4) . ..Ulng veuel with or whhoul auxU\a!y power
which Is owned by or Is renlBd to an In lured
. ,and II leu than 26 feet In length; or
II) a watercrall whIch II powered by outboard
motorl which total 25 horsepower or leu,
b. We pay for the bodily InJurv or the property
damage which res~ from the malntenanr.e, use,
loading or unloadIng 01. a watercrall that la
powered by outboard motora which total more
than 25Jl0rBI/power. If: " '..' I.
't.
I) \he motora .ra listed on the Declaratlbna al
Insured for peraonalllabUIty; .'"
2) the motora Bfe acquired by an Ineured during
the policy period and a request for cowrage Ie
made within 4S claye aller they are acquired; 0(
3) the motors Bfe not owned by an Ineurad,
... ,:; i ~:. j. .v,,-." -.
7, BUlln"l . We pay for the blldlly InJuty 0( the
property damage which resulte from:
a. the rental of thai part of the Ineured pramle..
that Is usually occupied by you as a '..Idence;
b. the rental 01 other parta of the Ineurad praml..e
for usa as a ra.ldenca (No famly unit may Include
more than two roomera or boardera,): or
c. the rental of a part of the In.ured preml... for
use u a school, studio, office or private garage,
. .
" ,
. . ~
"
~CLUSIONS TttAT APPLY TO UABIUTY COVERAGES
EXCLUSIONS THAT APPLY TO
COVERAGES LAND M
~ "
r'" ~""!~.:" .
This policy does not apply to bodily Injury or property
damage which resulll directly or Indirectly from:
...', .....
1: ' war (ThIa Includes u~eclared war, cIvI'Wa.-, Insur-
radJon. rebellion, l1Mllut1on, warlike ad trt a miliary
force or miliary personnel, 0( destrucllon. seizure or
use 01 property for a mllhery purpose, Discharge of
a nuclear weapon Is deemed a wa~lke act even "
eccldental,);
2. the ownership, operation, maintenance, use, occu-
pancy, renl/ng, loaning, entrusting, lupervlslon,
loading or unloading of alrcrall, except for bodily
Injury to a person while parfonnlng duties as a
dom..t1c amploy.. (This exclusion does not apply
to model alrplanas,);
3, the ownership, operal/on, maintenance, use, occu-
pancy, ranting, loaning, entrusting, supervision,
loading or unloading of
motorized vehlcla. or watercraft
FORM 3
AAlS
.... -
.",. \
owned or oparated by or rented or loaned to an
Ineured, We do pay:", -
L for bodily Injury to a person In the COUrM of
'perfonnlng duties as a doma.tlc employ..; 0(
b. . coverage Is provided for by an Incidental Moto(.
Ized Vehicle or Watercrall Coverage;
4, the use of a motorized vehIcle In, 0( In the prsctJce
or the preparation for, racing, spaed, pulling 0(
pushing, demolhlon or stunt activities or contesls;
5, IlabBIly Imposed by law on an Ineurad for the usa of
a motorized vehicle, alrcrall or watercrall, except "
coverage Is provided for by an Incidental Motorized
Vehicle or Watercraft Coverage:
6. the rendering of or the fallng 10 rander a professional
service;
7. actlvhles related to the bUllne.. 01 an Inlurad,
except al provided for by an Incidental BU8Ina..
Coverage;
. 10.
Copyright 1...
8. premiSes thaI are owned, rented or controlled by an
, .. Insured and that are no! the Insured premises. We
do pay lor bodily Injury to a person In the course 01
performing duties as a domestic .mploy..;
9. .n Intentional ad of an Insured or an acl done at
the direction 01 an Insured;
10. an occurr.nc. for which an Insured Is also an
Insured under a nuclear energy liability policy or
would be IIn In lured but lor the exhaustion 01 Its
IIml1. (A nuclear energy liability policy Is a policy
Issued by the Nuclear Energy Uablllty Insurance
Association, Mutual Atomic Energy Uablllty Under.
wrlterl, Nuclear Insurance Association 01 Canada or
their successors,): or
,
11. the discharge, dispersal, release or the escape of
pollutantl Into or upon land, water or air. HOWBV8r,
this exclusion does not epply 10 bodily Injury or
property dlm.ge that arises Irom the heal, smoke
or fumes of hostile fire on the Inlured prlmllel.
Hostile fire Is a fire that becomes uncontrollable or
breaks out from where It was Intended to be,
L,DDITIONAL ;:XCLUSIONS THAT
APPLY ONLY TO COVERAGE L
,
Coverage L does not apply to:
.:. ::'
. '
3, damage to propeny owned bY.inJnlur.d;
, '
" ...~
4, damage to property that Is rented to, occupied by,
used by, or In Ihe care of an Insured, except for
properly dlm.ge caused by nre, smoke or
explosion;
,.-: .~, .~
5. sickness, dlseas8 or death 01 a domestic .mploy..
unless a wrtnen notice Is received by UI within 36
months after the end of the polICy period In which
the Injury occurred; or " ,: '
6, bodily Injury to a peraon, including a domlltlc
.mploy.e, n the Inlured has a workera' compensa.
tlon policy covering the Injury or n beneflts are
payable or are required 10 be provided by an
Insured under a workers' compensation, non-occu-
patlonal disability, occupational dl'I8Bse or like law.
ADDInONAL EXCLUSIONS THAT
, APPLY ONLY TO COVERAGE M
Coverage M does not apply to bodily Injury to:
1. an Inlur.d or other peraon who resides on the
Inlured pr.ml..., except a dom'ltlc employ..;
2. a peraon who Is on the Inlured pram I... because
. a bUlln... Is conducted or pr0fesslonai sarvIces are
rendered on the Inlured premll"; or
3. a person, Including a dom.stlc ImploY.I, n a
workers' compensation policy COV8l1l the Injury or n
benefits are provided under a workera' compen-
sation, non-occupational dlsabUlty, occupallonaJ
disease or like law.
WHAT YOU MUST DO IN CASE OF LOSS
The nollce to UI must ltate: ", ,
a, the name of the Inlured, the policy number and
the time, place and the delaRI 01 the loss; and
b, names and addresses of all known potential
claimants and witnesses.
. 11 .
Copyright '188
.t." .
1. bOdily Injury to you, end n residents 01 your
household, your relatives, and peraons under the
age 01 21 In your care or In Ihe care 01 your resident
relatives;
2. lIabUIty a5S:,I1':1ed under a contract or an agreemen~
except as provided lor by Incidental Contracts and
Agrsemonl,' CoverJ~e;
'"
1. Notlcl. In case 01 a loss, Ihe Insured must:
a. give us or our agent prompt notice rHe may
requeRt written notice,):
b, give notice to the police when the act that causes
the loss Is a crime; and
c. olve notice to the credit card company U the loss
involves a credll card,
FORM 3
AAIS
"r
, ,
2, Coope~I..,... OThe Inlured must cooperate with ue
In perfor;riiollg IIlI acts required by this policy,
3. Volunteer Peyment. . An Inlured must not make
payment I, payor oller rewards or assume
obllgallona or other costl, except at the lillured'l
own cost. This does not apply to costs that are
allowed by thla policy.
4, Oth.r Dutlel . Property Cov.reg.. - The In.ured
mull take all reasonable Illepl to protect covered
property at and after an Insured loss to avoid further
Iosa. We pay for the costs. The Inlured must keep
an accurate record of luch costa. This does not
Increase our limit.
, ,
The Inlured must give to UI a statement 01 loss
(under oalh If w. request) within 60 days alter the
loss.
At our request the Inlured must:
L give u. a procl d I~ss, ~hln 60 '~y~ aller our
requolll, lhat shows:
1) the time, place and the details of the loss;
2) the Interest of the Inlured and of all othera In
the property. this Includes all mortgages and
liens; "" ., "
3) other policies that may cover the loss;
4) changes In title or use;
5) available plans :1nd specll1catlons of buildings;
6) detailed estimates for rapalr; and ,
7) In delal, the quantity, description, coet. III1"oCltrt
of loss and actual cash value of the personal
property Involved In the loss, The Insured
must give UI copies of all bills, receipts and
related documents to confirm these;
b, submit to examination under oath In matters thai
relate to the loss or claim as ofton as we
reasonably request. If more than one person Is
examined, we have the right to "examine and
receive statements separately from each person
and nolln the presence of the others;
FORM 3
MIS
c. ahaw the demaglld property e.' often .. ..
reasonably request; ~ " .
d, show records. Including tax rlltums" and bank
records of all cancelled checka that relate to the
value, loss and costs, and permit copies to be
made 0/ them as oftsn as WI reasonably request;
e, assist UI to enforce the right of recovery which
the Insured may have agalnsl a party causing the
loss; ,
f. show records that prove lOll of rants and Ihow
receipts lor addltlooallMng COlli; Ind
g, submit evidence or allldavlt lupportlng I claim
under CradK Card, Forgery and Counterfelt Money
Coverage stating the amount and cause 01 loss,
5. Oth.r Dutlll . PBtSDDlI LIability Covlrage - In
case 01 an oc:currence whlch might resUt In I claim,
the Insured must promptly give" UI coplel 01 all
noUces, demands or legal papers that relate to thl
occurrence or the claim. .
At our request, the Insured mulll help' us:
a. to senle a claim;
b. to conduct suits. Thls Includes being at lI1aIs and
hearings;
c. to enlorce the right of recovery against parties
who may be liable to an Insured;
d. to sacure and give evidence; and
e. to obtain the attendance 01 all wltneaae.. "
6. Other Dutlel . Medical Plyments to Others
Coveragl . In case of a 1011, the Injured periOI1 or
someone acting on behalf of that person must:
L give us written proof of claim (under oath If we
request) as soon as practical; and
b, euthorlze us to get copies of medical racords,
The Injured person must submit to physical exams
by doctors chosen by UI as often as WI may
require.
.12.
Copyright 11U
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HOW MUCH WE PAY FOR LOSS OR CLAIM
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I, Prop.rty Cov.rlglI
Actual Cash Value Includes I deduction lor
depreclallon, however caused,
In.urlbl. Int.rllt and Our Umlt . Even K more
than one per.on has an Insurable Interest In the
property covered, we pay no more than the emount
01 your Interest In the property or the limit that
applies,
Deductible. This a;lplles 10 Coverages A, B and C:
Debris Removal; Trees, Plants, Shrubs and Lawns,
It applies to all perils Insured against unless
otherwise shown,
We pay that part 01 the loss over the deductible,
Not more than one deductible applies per
occurr.nc.,
LOll to I Pllr or S.t . II thare Is losi to an ttem
which Is part 01 a pair or set, we pay orl.y to replace
or repair the ttem, or w. pay the difference In the
actual cash value of the pair or set lust before the
lo~s e~d the actual cash value lust alter the loss,
LOll S.ttl.m.nt . Subject to the t.rml shown
above, we will settle losses according to the
Replacement Cost Terms, II the Replacement Cost
Terms do not apply, WI will settle losses according
to the Actual Cash Value Terms.
a, Repllc.ment COlt Terml . These apply only to
buildings covered under Covereges A and B thet
have a perm:, 'ent foundation and roof an:! do r.:Jt
apply to: mobile homes whether or not on a
permanent lC'undatlon; domestic appliances and
window air condttloners; carpeting, curtulns and
d'np6s; awnings and canopies; and antennas,
.n determining the replacement cost, do not
Include the cost of: excavations; brick, stone or
concrete foundations: piers and other supports
which are below the surface 01 the ground Inside
the loundatlon walls; and underground ftues,
pipes, wiring and drains,
When the cost to repair or replace exceeds the
lesser 01 $2,500 or flIte percent 01 the limit on the
damaged building, we do not pay for more than
the actuel cash value of the loss unlll repair or
replacement is completed,
You may make a claim lor the actual cash value
01 the loss btlore repairs are made, A claim tor
FORM 3
MIS
an addnlonaf amount payable undar these t.rml
must be made wb.hln 180 days alter the loss,
1) II the limit on the damaged building II lell
than eo percent of tts replacement cost at the
lima 011051, we pay the larger 01 the fataNlng:
a) the actual cash value at the time cI the 1011;
or
b) that part of tha replacement cost 01 the
damaged part which our limit on the build.
Ing bears to eo percent 01 tha lull current
replacement cost 01 the building,
2) lithe limit on the damaged buDding Is at least
eo percent of tts replacement cost at the time
of loss, we pay the ~mallest 01 the following:
a) the limit that applies to lha building;
b) the cost to repalr or replace the damage on
the same preml&es using materials 01 like
kind "nd quality, to the extent practical: or
c) the amount spent to repair or replace the
damage,
b, Actual Cath Vllul Terml - We pay the lesser 01:
1) the cost to repair or repllce the property wtth
materials 01 like kind and quality to tha extent
practical;
2) the actual cash value of the property at the
time 01 loss; or
3) (applies only to mobUe homes) the difference
In the actual cash value lust before the loss
and the actual cash valua Just alter the loss,
2, Coverage L . Perlonll Uablllty . The limit shown
on the Declarations for Coverege L Is the most we
pay for loss lor each occurrence, This applies
regardless of the number of:
e, persons Insured under this policy;
b, parties who sustain Injury or demage; or
c, claims made or sutts brought.
3, Coveraga M . Medical paymentl To Others. The
limit shown on the Declarations per person lor
Coverege M Is the most WI pay for all medical
expenses payable lor bodily Injury to one person aa
the result 01 one accident.
When a limit Is shown on the Declarations per
accident for Coverage M, that limit Is the most we
pay for anyone accident.
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Copyrlght ma
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1'ht payment 01 a dalm under Covarage M does not
mean wa-"dmlt we are liable under Coverage L ':.
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4, Inlurance Undlr More Then One Coverage. II
more than one coverage 01 thll polley epplles to a
10", we pay no more than the ectuallo..,
5, Inlurance Und.r More Thin On. polley.
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Propeny Coverage - II there II other collectible
Insurance that applies to the loss. we pay our share
01 the loss. Our share Is that part 01 the loss that the
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Coverage L . Peraonel UabDIty . This Insurance Is
lIXCIS8 aver other VBIId and cdIectlble Insurance that
" applies to tha 10.. or claim.
6, Rlltorallon ot Umltl . The 10.. we pay under this
policy does not reduce Ihe IImltl,
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.'PAYMENT OF LOSS OR ClAIM
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1. YOIII' Propelty . We adjust each loss with you. WI
. pay en Insurad Iou wlthln 30 days aller an accept.
able proof 011088 18 received and the amount 01 the
IOS8 Is agreed to In wrttlng, II you and WI do not
agree, WI pay within 30 days aller tha !Ulng 01 an
appraisal award wlth UI. Paymenlls made to you
. unle.. a loss payee Is named. .
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2. Addlllonef Uvlng COlt. . II thelnlurad premllll
II made unlit lor use lor niore than one month,
covered cost8 are paid on a monthly basis. You
. must give UI prool 01 8uch costs.
3, Olmeg. to P.raone' Prop.rty 01 Oth.rs . At our
option, an In8ured loss may be edjusted with and
paid:
a. to you on behall 01 the owner; or
b. to the owner. II WI pay the owner, we do not
have to pay an Inlur.d.
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FORM 3
MIS
4. Our Opllonl . WI may:
a. pay the loss In money; or
b. rebuild, repair or replace the propeny. We must
give you notice 01 our Intent to do so within 30
days aJIer we receive en acceplable proof 01 toss.
WI may take all or part 01 the damaged propeny at
the agreed or eppralsed value. Propeny paid lor or
. replaced by UI become8 OUR. .
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6, Uablllty t;oV.rsg.. . A pef80n who has 18Cured a
Judgment agaln8t an Inlured lor an Insured loss or
has liability established by a wrltt.n agreement
between the claimant, an Inlured and UI, 18 entitled
10 recovar undar this policy to the BXlent of COII8Il1ge
provided.
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Copyright I'll
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POLICY CONDITIONS
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CONDITIONS APPUCABU! TO ALL COVERAGES
I, A"lgnmlnt . Thll policy may not be assigned
without our writlen consent.
2. Cancallallon and Nonranlwel - You may cancel
this policy by relumlng Ihe policy to UI or by giving
UI written notice and stating et what luture dale
coverage Is to stop,
During the flrat 60 days this policy II in effect, WI
may cancel for any reason,
If this policy hal been In effact 60 days or more, or
If It Is a renewal of a policy Issued by' UI, WI may
cancel or not renew only at the anniversary date
unless:
a. the premium has nol been paid when due;
b, the policy was obtained thrC'ugh fraud, malerlal
misrepresentation or omission of tact, which, If
known by UI, would have caused UI not to Issue
the policy; or
c. there has been a malerlal change or Increase In
hazard of the risk. . ,
W.. will give you notice at least 10 days before
cancellation Is effective, If wa cancel this polley for
nonpayment of premium, Otherwise, wr will give
you notice et least 30 days In advance of
cancellation or nonrenewal,
We may cancel this policy by writlen notice to you
at the address shown on the Declarations,
YC.Jr re!~rn premium, If any, will be refunded at the
time of cancellation or as soon as practical,
Payment or tender of the unearned premium Is not
a condition of cancellation.
3, Change, Modification or Wllver of Policy Terml.
A waiver or change 01 the lerml 01 this policy must
be Issued by UI in writing to be valid, If, in the
policy perlod, we adopt a revision which broadens
coverage without an additional premium, the
broadened coverage will apply,
Our request for an eppralsal or examination under
oath does not waive policy terms,
If this policy has no expiration date, WI may
substhute or WI may add, at each anniversary date,
forms that are then authorized for use,
FORM 3
MIS
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4, Conformity With Sgtutl . Terml In conftlct with ,
the laws of the state where thl premises described
on the Declaretlons Ia located ere changed to
conform to such lawe, '
5, Mlsrlpr..lngllon, Conceal mint or Frlud - This
polley Is void If, before or after I loss:
I, In Insured has wnlfully concealed or misrepre-
sented:
I) a material fact or circumstance with respect to
this Insurance; or'
2) an Insured'l Interest herein,
b, there has been fraud or falss swearing by an
. Iniured with respect to this Insurance or the
subject thereof.
6. Inlplctlon . Wa may, but are not required 10,
inspect your property and operations, Our
Inspection or resulting actvfce or raport does not
warrantlhat your property or operations are safe or
healthful or comply with laws, rules or regulatlllO!.
7. Recover/el - This applies ~ we pay for a loss and
lost or damaged property Is recovered, or peyment
Is made by those responsible for the loss,
a The Insured must Inform UI or wa must Inform
the Insured If either recovers property or receives
payment.
b, Proper costs Incurred by either party are paid first.
c, The Insured may keep the property, The amount
of the claim paid or a lesser emount to which we
agree, musl be retumed 10 us,
d, If the claim paid Is leslIthan the agreed loss due
to a deductible, or OIher limiting tlrml, the
recovery Is prorated between lhe In lured and UI
based on the Interest of each In the loss,
6, Subrogltlon. If WI pay for a loss, WI may require
that the Inlured assign to UI the rlght of recovery
up 10 the amount WI pay, Wa sre not liable for a
loss If, after the loss, an Insured Impelrs our right to
r!'COVer agnlnst others. You r-,ay waive your rig' I !::l
recover, In writing, before a loss occurs, without
voiding coverage, If wa pay a loss 10 or for en
Inlured and the Inlurad rBCaIers from another party
for the same loss, the Inlurad must pay UI as &laled
In Recoveries,
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Copyright 111.
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. 'Subrogalk)(l d';l9S not apply 10 Coverage M . Medical
Paymei'ill:' \0 Olhera or 10 Damage 10 Property of
Others 'lli'idil/ (he Incidental LIability Coverages,
9, Su~ Agalnat Ua . No aub may be broughl against
UI unless all the tarml of this policy have been
compiled wbh and
a, Proplrty Covaragll . The sub Is brought wbhln
two years alter the loss.
" a law of the l1ale where the premises Is located
mekes this lime period Invalid, the sub mus: be
brought within the tJme period allowed by the law,
b, Uablllty Covll'lges . The amount of an Inlurad'l
liability has been fbced by:
1) a final Judgment against an 'nlurad which II
the result 01 a trial; or
2) a written agreement of the Inlurld, the
claimant and UI.
No person has a rfght under this policy to Join UI or
Impleed UI In actions that are brought to fix the
liability of un Inlurad,
10, Blnkruptcy of an Inlurad - Bankruptcy or
Insolvency of an Inlurad does not relieve UI of our
obllgatlonl under this policy.
CONDITIONS APPUCABLE TO PROPERTY
COVERAGES ONLY
11. Abandonmlnt of Proparty . An Insured may not
abandon the property to UI unless we agree,
12, Appralll' . " you and wa do not agree on the
amount of the loss, the actual cash value of the
property or the cost to rapalr or replace the property,
ebher perty may de mend that these amounts be
determined by appraisal,
If ebher party makes a wrtlten demand for appraisal.
each will select a competent Independent appraiser
and notify the other of the appraiser's identity wbhln
20 days alter the receipt of the written demand, The
two appralsera will select a competent, Impartial
umpire, If the two appraisers are unable to agree
upon an umpire wbhln 15 days, you or WI can ask
a Judge 01 a court of record In the state where the
property Is localed to select an umpire,
For each building ~em and each bem of personal
property, the appraisers will determine:
FORM 3
MIS
. 18.
a, the amount of the 10..;
b, the actual cash value of the property; 11M. .
c, the cost to repair or replace the prol?erty,
Each amount will be stated aeperately,
If the appraisers aubmb a written rlport of an
agreemant to UI, the agreement will establish these
amounts, If tha appralserl faM to agree wbhln a
reasonable time, they will submb only their
differences to tha umpire, A written agreemant by
two of these three will establllh the amountl Ilated
above,
Each appraiser will be paid hy the party selectIng
that appraiser, The compensation of the Lmp/ra and
001er c:osts ot the appraisal will be shar8d equally by
you and UI.
13, No Blneill To Ballea . Coverage under this policy
will not benefit those who are paid to assume
custody 01 the covered property.
14, MOrtglgl ClaulI
The word 'mortgagee' Includes trustee,
a. If a mortgagee Is named on the Declarations, a
loss plIyable under Coverage A or B wUI be paid
to the mortgagee and you, as Interests appear,
If more than one mortgagee Is named, the order
of payment will be the sama as the ordsr of
precedence of the mortgages,
If WI deny your claim, that denial does not apply
to a valid claim of the mortgagee, If the
mortgagee has:
1) notified UI of change In ownership, occupancy
or substantial ctlllnge In risk of which the
mortgagee became aware;
2) paid the premium due under this policy on
demend If an Inlured neglected to pay the
premIum; and
3) submitted a signed, swom proof 01 loss wbhln
60 days aller receiving notice from UI If an
Inlured has failed to do so,
All lannl of this policy apply to the mortgagea
unless changed by this clausa,
b, If WI cancel this policy, WI will notify the
mortgagee at least 10 days before the date
cancellation takes effect
c. If WI pay tha mortgagea for a loss and deny
payment to you:
Copyrlght 11lU
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,1) we are subrogdted, up to the amount we paid
. .. Jor tha loss, to all the rights ollhe mortgagee
granted under the mortgage on the property;
or
2) at our option, WI may pay to tha mortgagee
the whole principal on the mortgage plus the
aCClUed Interest. In this 8'V8f1l, we shall receive
lull assignment and transler of the mortgage
and all securities held as collateral to the
mortgage debt.
Subrogation shall not Impair the right 01 tha mort-
gagee to recover the IUI amount 01 the mortgagee's
claim,
15, Slcurld P.rty Cover.gl . This applies only to
coverage on mobile homes and personal property,
This entire clause Is void unless the name 01 a
secured party Is shown on the Declarations, This
clause applies only to the Interest 01 a secured party
and does not affect the Insurld'l rights or duties
under the policy,
a, II a eecured party Is named on the Declarations,
a loss payable on property subject to the security
Interest will be paid to the secured party and you
as Interests may appear. II there Is more than ana
security Interest In the same property, the OIdar 01
payment wil be the same as their Older 01 prtortty,
II WI deny your claim, that denial does not apply
to a valid claim of a secured party lithe secured
party has:
FORM 3
AAIS
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1) notlfled UI 01 a chaOl;je 'n ownership,
occupancy or substantial chiiitgl In risk 01
which the secured party beca'nie"awere;
2) paid the premIum due under this policy on
demand r an Inlured has ne9ected to pay the
premium; and
3) submitted It algned, swom proof 01 loss within
60 days alter receiving notice Irom III II an
Inlurld has laRed tp do so,
All t.rml 01 this policy IPply to the secured party
unless changed by this Clause,
b. II wa cancel this policy, we wUl notify the secured
party at least 10 days before the dale cancellation
takes effect,
c. II WI pay the secured party lor a 1018 and deny
paYl1'ent to you:
1) we aTe subrogated, up td the amount w. paid
lor the loss, to all the rights 01 the secured
party granted under the I8CUI1ty agreement; or
2) at our option, we may pay thl secured party
the remainIng amount dua on the security
agreement plus the accrued Interest. In this
avent, w. shall receive lull assignment 01 the
security agreement and securities held as
cdliaterallor the agreement.
Howaver, the secured party'slntereat Is not covared
lor conversion, ambezzlement or secretion by an
Inlurld In possession 01 the encumbered property,
U1I8&8 speclflcally Insured agalnal and premium paid
for such.
. 17.
Copyright 11188
THE BRETHREN MUTUAL INSURANCE COMPANY
HAOERSTOWN. MA.RYLAND
nas ENDORSEMENT CHANGES TIre POllCY, PLEASE READ IT CAREFULLY
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CHANGE OF INSURER NAME ENDORSEMENT
Thil endonement modifiel ilUuranoe provided by the following oompany:
Fannef"1 Mutual Flre Imurance CompaflY of Schl1Ylklll County
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Tile IIIDllO "Fanners' Mutual Fin: Insunnce CompIIDy of Schuylkill County" II hereby nopJaood pld II
IUbllilUllld with Iht name "The Srelhtell Mutual huunDoo COmpoulY" wherever i1lppurs in IhIs Policy;.
AU OIher IenN. conditlOlll and 1lmillliona oflbil Policy lbaU Janlin undanaed, lneludin&, bulllOl1lmillld 10,
\be 1lmi1l of llability ""I forth in the Dcclaratlona.
To be IllIChed 10 and form pari of Policy Number:
0076456 HO
EIf'cctlve dale of lbiI cndonclDOlll: 111/96
Tile nlll'" iMured of thil Polic)' il: JAMES D. .. CINDY E. SHarl'O
-r';/f" ;7q'"~
CaMn M. Mahaney
PraldentlCEO
The Srethrm MuluallnJuranCII ComplllY
JAMES D. .. CINDY E. SHOTl'O
435 FARM ROAD
NEWVILLE PA 17241
BMJ.FM 01 96
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SWORN STATBMBNT XN PROOF OF LOSS
0076456HO
Policy Number
96-1298-E
OUr File' No,
12/21/95
Data Issued
. Any pel$On who knowingly and with Intenl 10 defraud
in.uranee company 01 olhar pellOl1 fU.. en appllcallon -:
I""'ranee or atalamanl 01 clalm containing any malal1Aly ,alae
InformaUon or concaala Jar Ihe purpo.. 01 mlal..dlng
~onnallon co...:eming any Jael mal.ria/tharolo commKI ~
".uduient Inlllrane& act, which II a crtme and Ill!ljtctl tuch
person 10 cr1mlnal and eMl penaJIIal,.
N/A
Company Claim No,
$ 110.000,OOIBasicl
Arnt. of pOlicy-time of loss
12/21/96
Date Expires
CarU ale. PA
Agency At
Miller Ins, Assoc,
Agent
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To the-D.rethren Mutual Insurance Comuanv
of Haaerstown. He
At time ~f loss, by tho above indicated policy of insurancs you insured
James 0, Shotto and Cindv g, Shot to
against loss by weiaht of ice and snow & fire to the property d~scribed under Schedule
"A", acc~rding to the corms and conditions of the said policy and all forrr,o, endorsements,
transfers and assignments attached thereto.
1, Time and Origin. A weiaht of ice snow & fire loss occurred about the hour of o'clock_
___M,. on the 8 day of Januarv & Unknown 19~, The cause and origin of the said loss
were:~iaht of ice and snow & fire
~. Oooupancy. The building described, or containing the property described, was occupied at the
time of the loss as follows, and for no other purpose whatever: Dwollina
3. Title and Intereet. At the time of the loss the interest of your insured in the property
described therein was Owner No
other person or persons had any interest therein or incumb~ence thereon, except:
1, Pennevlvania National Benk. pottsville. PA
2, Mellon Bank, Ito Succeoooro and/or Aosians, ATIMA. pittoburah, PA
], Mellon Bank, Its Successors and/or Aosians. ~TIMA. PittB~u~ah, PA
". Chang... Since the oaid policy was issued thers has been no aooignment thereof, or change of
interest, une, occupancy, pooeesoion, location or exposure of the property deocribed, except:___
none
5. Total Ineurance. The total amount of inourance upon the property deecribed by thie policy
was, at the time of the lo.e, $110,000,00 IBaoic) , ae more particularly epecified in the
apportionment attached under Schedule "C," beoMes wh,tch.there wao no policy or other contract of
inourance, written or oral, valid or invalid,
6. Tha Actual Caoh Value of eaid property at the time of the 1000 wao , ,$
7.
The Whole Loss snd Damage wao
$2.498,85
8. Less Amcunt of Deductible (2 occurences are involved-(2) $250,00 $500,00
deductibles apply)
9. The Amount Claimed under the above nwnbered policy is , , , , ., $1,998,85
The said loos did not originate by an act. design or procurement on the part of your insured,
or this affiant I nothing has been done by or with tbe privity or consant of your inoured or this
affiant. to violate the conditions of the policy, or render it void, no articlee are .entioned
herein or in annexed ochedulso but such as were destroyed ox' damaged st the time of said los., no
property eaved has in &ny manner been concealed. and no attempt to daceive the aaid company. a.
to the extent of eaid lOBO. has in eny manner been IIUlde. Any other information that may be
required will be furniehed and con.idered a part of this proof.
The furniehing of thie blank or the preparation of proofs by a representative of the above
inaurance oompany is not a waiver of any of ite righte.
State of,
County of
~ll,s, i
tJ;-,'S, X
Insured
Subscribad and sworn to before me thio
day of
Notary Public
19
EX liB 1/
VERIFICATION
The Undenigned, having read thc attnchcd pleading, vcrilies that the within pleading is based
on information furnished to counsel. which information has becn gathered by counsel in the course
of this lawsuit. The languuge of the pleading is that of counsel and not of signer, Signer verifies that
he has read the within pleading and that it is true and correct to the best of the signer's knowledge.
information and belicf, To the extent that the contents of the pleading are that of counsel. verilier
has relied upon counsel in Inking this Verification, This Verilication is made subject to the penalties
of 18 Pa, C,S, 4904 relating to unswom falsification of authorities.
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MARTIN A. DURKIN, JR., ESQUIRE
DATED:
ID/2"/:/7
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the within Defendant's Answer
With New Maller was served on Plaintiffs' counsel listed below the 281h day of October, 1997 by
first-class mail:
Marcus A. McKnight, III. Esquire
IRWIN, McKNIGHT & HUGHES
60 West Pomfret Street
Carlisle, PA 17013
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d!r~}
M RTfN A. DURKIN, JR.
DATE: la/tV/'7
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! t'" .L -5821 Civil Term l.'--~~ID"""'-~-
I . ......, ln4'<<atotl&tltlonillN6c:H. ....., "'~I '_"'11"
'~-:I, ...Ind 41>. IoIowtng HMce. (kN' llIl
II, , .:::::;,.,............-...Iho.._.,....lonnlOlfIa'...,."......"" .xtnlIM): 1:'
....,,""'lonnlolhofronoollhomoll_......lho_W__"" 1. CI ~'.Addrau
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. · 'Tho RoI..... R_... ohow I. whom "'" """'.... _Ind lho dolo I'
I i - Conautt IlOItmular kN' t... .
I ,3. ArtIcle raaaod 10: 48. ArtIcI. urnIler :
I The Brethren Mutual Insura'l e P 367 519 670 j'
I Company 4b. S.Mco Type .
I 149 North Edgewood Drive o Raglll.rod 'l!s.Cerllnod
I Hagerstown. MD 21740-6599 o Exp""'MaJI 0'_ ~
I 0 Altum RICIipt lor Mata1ancfea 0 COD :
I 7. Dal. ~.1 '"""
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8. Addro...... Addr... (Only reqlJN/<<J t
BndIHII~J ~
5. Rocalvod By: (Print Nwn.J
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JAMES D. SHOITO AND
CINDY E. SHOITO, his wife,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
CIVIL ACTION - LAW
v.
97-5821 CIVIL TERM
THE BRETHREN MUTUAL
INSURANCE COMPANY
JURY TRIAL DEMANDED
Defendant
"
PRAECIPE TO SUBSTITUTE VERIFICATION
TO THE PROTHONOTARY:
Kindly substitute the attached Verification for the Verification of counsel in the abDve-
captioned matter.
Respectfully submitted,
DURKIN & GRAEFF, P.C.
BY: }!;vJI7~ .
Martin A. Durkin, Jr., Esquire
A\lomey for Defendant
One Penn Center
Suite 1520
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103
(215) 569-9090
Dated: November 5, 1997
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the within Defendant's
Praecipe to Substitute Verification was served on Plaintiffs' counsel listed below the 5th day of
November, 1997 by first-class mail:
Marcus A. McKnight, III. Esquire
IRWIN, McKNIGHT & HUGHES
60 West Pomfret Slreet
Carlisle, PA 17013
y~~'
MARTfN A. DURKIN, JR.
DATE: November 5, 1997
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FROI.l DURY.IN ANC> ASSOCS 215 569 $95 P.l
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DURKIN & ASSOCIATES
Law Offices, P.C.
FACSIMILE TRANSMITTAL COVER SHEET
IV:
JOhn 1'1. !SrOUl05, I:.Iqulte
Pv,"""".J DUH,.', ~uJl"
Mark. E. Halbrunncr, Esquire
Marcus A. McKnight, \II, Esquire
('/1'/) :l4].1l2:.!7
(TIT) nt-o,or
(717) 731.9627
(717) 249.6354
.._....--_~.,... _..""_'.14" --,-......
DATE:
TELEPHONE NO:
September 24, 1998
(215) 569-9090
RE:
Shotto
Cover Sheet Plus 2 page(s)
STATEMENT OF CONFIDENTIALITY
tarn. ~wliia'lriconHaentiil ariVor'privilege"d amI/or exempt from disclosure under- applla:ble
laws. This information is intended to be for the use of the addres.~ named in this trammittal
sheet. If you are not the addresscc, note that any disclosure, copying, distribution, or use of the
contf!nL~ of thi.' (..xpA informAtion i.. l"rnhihi,,.A If ynH h:av," r..r_i"..'" ,hi. 1''I",.;,,"iI. :n ~'""'~",
rleliu no<ify us by telephone (eolleCl:) imm..iilO,ely '0 tha, We e.\n 1".....,&. for the retriev..! of the
original documents at no cost to you.
IF YOU OlD NOT RECEIVE LEGIBLE COPIES OF ALL PAGES, PLEASE CAll AS
~oo'" A~ (,O~~IDLn. (au) CG990'>0.
.
9 ,24 -1 996 2. 3!Yt.'
FRO/I CU'<KIN AI\O ASSOCS 215 569 9595
P.2
DURKIN & ASSOCIATES
lAW O'F'CES, P.C
MARTIN A. DuRKIN.)R
MICHAlL p COulD'
ONE pt"N o:1NTlR
SuITt 1120
1617 JOHN F. KENNEDY 80uLEVARD
PH'lAOELPHIA, p^ I"OJ
llS.S6l).9090
FAX 2' s.569-9S9S
.moll: DurklnJew 0 101.<001
lSOO McClELlAN "VENUE
SuITt J40
PlNN$I\VKEN, N) III 109
609-317.1001
fAX 609-317.()9())
DIANA L. MORO'
0._'
.~\tMI(_ 1<41.....
September 24. 1998
VIA TELECOPIER NO,: (717) 243-8217
John H. Broujos, Esquire
BROUJOS & GILROY. P.C.
4 North Hanover Street
Carlisle,PA 17013
ATTENTION: Claudia
RE: James D. Shotto & Cindy E. Shotto. his wlCe v, The Brethnn Matual la. Co,
Cumberland County Civil Action No. 97-5821
Our File No.: 040-00020
Dear Claudia:
Pursuant to my telephone discussion with Mr. Broujos today, I am cont8ctins you to
respectfully request a continuance oflhe Arbitration Hearing which was previously scheduled to take
place on Friday, October 16. 1998. Subsequent to Mr. Broujo,' conespondence scheduling the
Arbitration for the ...co.-mentioned dAto, "'" t<<<>hcd I\c.tl<.<rf,<mrtI,... PhallOklyl.i.. CvWlly-evan uf'
Common Pleas that a mandatory Pro- Trial Conference is scheduled on that same date in the case of
Ragan v. Delanell)! Clinlon A.ssocla/~l. et ul.
In Ragan, we represent almost eighty (80) Plaintiffs and there are a myriad of Defendants
who arc all represented by different C()W1seJ. It would be extremely difficult 10 obtain a C()ntinllllDCe
of that Conference.
.
9-~4-1998 2, 39P~1
FROI.l CUll(if'J AND ASSOCS 215569 9595
P.3
UUKKIN & A~~ULlAIl:~
John H. Broujos. Esquire
September 24. 1998
Pago 2
IlII1l .vailable on October 20, 1998, October 22, 1998 and November 3, 1998 through
Novomber', 1998. Please advise if Mr. BnJujos is available on any of those dates 110 that 1 (:11I1
rontact thll remaining Arbitrators and Mr, McKnight to IIScertain their availability.
Thank you for your kind attention \0 this matter.
Very tnlIy yours,
DURKIN & ASSOCIATES
~n.
BY:
Martin A. Durkin. Jr.
MAD/yv
(:c: DoJ1llld Dorer, Esquire (via leleropier)
Mark E. Halbrwmcr, Esquire (via telccopler)
Marcus A. McKnIght, III. Esquire (via telecopicr)
.
9-24-1998 2, 49Pt.'
FROt.' ()lJ<KIN AND ASSOCS 215 569 9695
P.3
DURKIN & ASSOCIATES
John H. Broujos, Esquire
September 24, 1998
Page 2
1 am available on October 20, 1998, October 22. 1998 and November 3, 1998 through
November 5, 1998. Please advise if Mr. Braujos is available on any of those dates so thllt I can
contact the remaining Arbitrators and Mr. McKniKllltu ascertain their availability.
Thank you for your kind anention to this maner,
Very truly yours,
DURKIN & ASSOCIATES
~n'
BY:
Martin A. Durkin, Jr.
MAD/yv
cc: Donald Dorer. Esquire (via telecopier)
Mark E. Halbrunner, Esquire (via tclccopler)
Marcus A. McKnight, III. Esquire (via telecopier)
.
9-24-1990 2 51 Pt.,
FRat.' D~IN AND ASSOCS 21G 5G9 ~9G
DURKIN & ASSOCIATES
Law Offices, P.C.
FACSIMILE TRANSMITTAL COVER SHEET
TO:
John H. Broujos, EJquire
Donald Doter, E$<Juire
Mark E. Halbnmner, Esquire
MarcUll A. M~Knight, 1II. Esquire
(71'/) 243.8227
(717) 731"()987
(717) 731.9627
(717) 2-49-635.
FROM,
Manin A. Durkin, Jr" Esquire
DATE:
TELEPHONE NO:
September 24. 1998
(215) 569.9090
REI
SlulJ.1Q
Cover Sheet Plu. 2 page(.)
ST A TF.MF.NT OP CONIlIDF.NTI A I ITY
The documents included with this facsimile transmittal sheet contain information from the law
firm which is confidential and/or privileged and/or exempt from disclosure under applicable
laws. This information is intended to be for the we of the addressee named in this transmittal
sheet. If you are not the addreme, note that any disclosure, copying, distribution, or u~ of the
contenlS of this fued information is prohibited. If you have received this faCJimile in error,
pleau notify us by telephone (collect) immediately 50 that we can arrange for the retrieval of the
original documents at no cost to you.
IP YOU DID NOT RECEIVE LEGmLE COPIES OP ALL PAGES, PLEASE CALL AS
SOON AS POSSIBLE, (215) 569.9090.
P. I
.
9-24-1998 2.5~.l
FROtt ()JRI(JN Ar--.o ASSOCS 215 569 9595
P.2
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DURKIN & ASSOCIATES
lAW mr,ClS, P.C
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MARTIN A. DURKIN, ,R.
MICHAlL P. c;OULD'
ON! PI"" CI"TlR
SUITI 1110
1617JOH'l r. KJ:NNIOV eOULfYMD
PHIIAOfIPHIA, PA 19103
ll5-569.9M0
FA~ 11 H6l1oU95
.-nwl: Du,klnllW 0 aol.com
J500 McCLILIAN AVINUI
SUITlI40
PlNN~UKIH. HJ 00'09
_JI7.looI
FAX _JI7.0903
j
~
DIANA L. MOttO'
OIfCOUNUL
'MlMIf._NlW
September 24. 1998
VIA TELECOPIER NO.: (717) 243-8217
John H. Braujo" Esquire
BROVJOS & GILROY, P,C.
4 North Hanover Street
Carlisle.PA 17013
ATfENTlON: Clandi.
RE: James D. Shotto & Cindy E. Shotto, hie wire v, The Brethren MntuaJ 101. Co.
~Vil 4r~nnNn Q'I."lI')f
Dear Claudia:
Pursuant to my telephone discussion with Mr. Broujos today, I wn contactini you to
respectfully request a continuance of the Arbitration Hearing which was previously scheduled to lake
place on Friday. October 16. 1998. Subsequent to Mr. Broujos' correspondence scheduling the
Arbitration for the aforementioned date, we received notice from the PhiladelphIa County Court of
Conunon Pleas that a mandatory Pre- Trial Conference is 5':hcduled on that same date in the case of
Ragan II. Delancey Clinton Associates. et al.
In Ragan, we represent almost eighty (80) Plaintiffs and there are a myriad of Defendants
who An- All J'Pf\r~tM hv ,tiff,.......", 1'I'\l1n..1 It mnHI.... ko 4~.....1). octifliouh t~ 01,...;..... .......__..
of \hat CIInf~rence.
.
9-24-1998 2,52Pt.1
FROI.1 Dl.J<K t NAND ASSOCS
215 569 9595
P.3
I,
I
I
!
DURKIN & ASSOCIATES
John H. Broujos, Esquire
September 24,1998
Page 2
I urn available on October 20, 1998, October 22. 1998 and November 3, 1998 through
November S, 1998. Please advise if Mr. Broujos is available on any of those dates so thlltl can
contact the remaining Arbitrators and Mr. McKnight to ascertain their avallablllty.
Thnnk you for your kind attention to this matter.
Very Indy yows,
DURKIN & ASSOCI... TES
~n'
BY:
Mnrtin .... Durkin, Jr.
MAD/yv
cc: Donald Dorer, Esqllire (via telec;opier)
Mark E. Halbrunncr, Esquire (via telecopler)
Marcus A. McKnight, 111, Esquire (via telccopler)
.
9-24-1998 2, SSPt.,
FROI.' Ol..A<KIN AND ASSOCS 215569 9S9S
P.2
~ - ......,. . """ I ''''~~'-'' \. L..1
~WO"'ClS, ,C
IMRTlN A. OURKIN, JR
MICHAlL' COULD'
ONHI"N C1NIlR
SUITt U1Q
1617/OHN F. KfNNIOY BOULEVARD
fHllAOUI'HIA,'" 19.Ql
ll50569.'Q9Q
FAX l' H69-"9S
.moil: OuRI.law O"".C..,.
15llO McCULlAH AVINUI
SUrrll~
"HIol5AUKIN. NI 011109
609-317.100.
'AX 60N 1700903
OIANA L MOHO'
0' COUNIIL
September 24. 1998
VIA TELECOPIER NO.: (717) 243-8227
John H. Braujo" Esquire
BROVJOS 8& GILROY. P.C.
4 North Hanover Street
Carlisle. PA 17013
ATTENTION: Clndia
RE: James D. Shotto & Cindy E, Sbotto, bil wile v, ne BRlhna Mama] Iu. Co.
Cumberland County Civil Action No. !I7-S821
Our File No.: 040-00020
Dear Claudia:
Pursuant to my telephor.e discussion with Mr. Broujos today, I am contactins you to
respectfully request II continuance of the Arbitration Hearing which was previously scheduled to take
place on Friday, October 16. 1998. Subsequent to Mr. Broujos' correspondence scheduling the
Arbitration for the aforementioned date, we received notice from the Philadelphia County Court of
Common Pleas thlll a mandatory Pro- Trial Conference is scheduled on that same dale in .he case of
JWgan v. Delane#}' Clin/on A.ssoc(ales. '1 al.
In Ragan, we represent almost eighty (iQ) Plaintiffs auo:lthere are a D\.vriad of DcfC1\dan19
who are all repre.wlted by diffm:nt counsel. It would be extremely difficult to obtain a continuance
of that Cunfc:rence.
.
9-24-1998 2 551"11
F~:Ot.1 DLJRt< I N NO ASSOC'S :? 15 569 9595
DURKIN & ASSOCIATES
John H. Broujos. Esquire
September 24, 1998
I am available on October 20, 1998, October 22, 1998 lUId November 3, 1998 through
November S, 1998. Please advi,. if Mr. DlOujos is available on MY of those dates so that I c;an
contact the remalninll Arbitrators and Mr. McKnillht to ascertain their availablUlY.
Thank you for your kind attention to this matter.
Very lrnly yours,
DURKIN & ASSOCIATES
~n.
BYI
Martin A. Durkin, Jr.
MAD/yv
cc: Donald Donl;", Esquire (via teletopier)
Mark E. Halbrurmer, &quire (via telecopier)
MllCus A. McKnight, Ill, Esquire (via telecopier)
P 3
.
H'Hl7- J 9<Jl3 2 3.1r1t
FF.'OI DLJ",t-:IN AND A'7/:.0CS
P2
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DURKIN & ASSOCIATES
loIWOI'iCn. PC
ONII'(NN aNTI~
SU'T( I UO
161/ JOHN', K(NNIDY lOUllVAAD
'"ILADll'HI.... 'A 19101
... .,. ....
MA""N A. DUUI"'. ,~.
'.......n""..,..'"""'uur
'AX 11S-S6t-U9S
......11: Curielnlow . IOl.ccm
147 I INInN ."'NI"
SUlTf 1f
MlDDlISCX. "'I 01146
')1.)16-1110
'1,)( 7J2.)01.1I97
OlANAl. MORO.
01 eOUHIti.
-MIMIC" H' ......
October 7, 1998
VIA TELECOPIER NO.: (717} 143.8127
John H. Broujo., Esquire
SROUJOS,. GILROY, P.C.
4 North HlUIOver Street
Carlisle,PA 17013
RE: Jamt. D. Sbotfo &. Cindy E. Shotfo, his wile v. Tb. Bretbren Mutual In.. Co.
Cumberbad County ClvU Action No. 91-MU
Our File No.: 0411-0OO20
Dear Mr. Broujos:
This letter will confirm that the Arbitration in the sbove-referenced matter is scheduled to
take place on October 20, 1998 at 10:00 a.m. at the Cumberland County Courthouse (in the new
Courthouse, Jury AS!lOmbly Room). We would like to thank all counsel for their consideration with
respect to our scheduling conflict.
Very truly yours.
DURKIN &. ASSOCIATES
BY:
~.
Marlin A. Durkin, Jr.
MAD/yv
cc: Donald Dum. Esquire (vill tc1ccopier)
MRrlr R HRJ""nnnec. FitJlli.... fviR 'r.I~rn"i~r\
MlUt:Ull j\;'MCfoJUgnt; 1 ,c.:KjUlte l VIii tClecOpler)
.
=== COVER PAGE ===
00 PAGE[S] TO FOLLOW
COMMENT:
'.
FILE COpy
)01 L'Il II. BROlJ]OS
I<<!BERT X. GILROY
IIROlJjOS & GII.ROY, I' C
Alturn.Y' AI l.;lw
4 NOR'I1IIL-\NOWR STREET
C.ARUSLF., I'ENNSYLV ANL-\ 1701 J
717-24J-4174
717-766-t6l)0
FAX: 24l-8227
.-mall: brll"roy.....Oaol.com
FAX COVER LETTER
DATE:
Septcmber 3, 1998
TO: ,/oonald Dorer, Esq.
.......Mark E. Halbrunncr. Esq.
V"'Marcus A. McKnight. III. Esq.
......Martin A. Durkin. Jr.. Esq.
731.0987
731.9627
249.6354
215-569-9595
RE: Arbitration - Shotto vs. The Brethren MUluallnsurance Company
FROM:
John H. Broujos. Esquire
FAX NO. (717) 243-8227
TOTAL number of pages. including transmillaJ pagc:
IF YOU DO NOT RECEIVE ALL PAGES, PLEASE INFORM OUR OFFICE IMMEDIATELY.
Message:
Following is a list of times when an arbitration hcaring may be held in thc above refcrenced case.
Please mark A!.b times when you arc availablc and fax your response to (717) 243-8227, so that
a hearing may be schedulcd in accordance with your availability. Your prompt attention to this
mailer is appreciated.
Friday. October 16
10:00 a.m.
.i-"",
~ t'-..
../ 2:00 p.m.
).tifl. ~(d' room. .
Thursday, October 22
10:00 a.m.
2:00 p.m.
Friday, October 23
10:00 a.m.
2:00 p.m,
Confidentialirv N",e
The informalion con/ained in and with thiI foclimile m..t.fag. is legally prMI.g.d and confld.nlial infOl'malion
intended only for ,h. u..e of Ihe individual or enlir)' named abo"e. If Ih. reader of Ihis m.....oge i.. not the Inlended
r.cipient, yO" are her.by nOlifted thar any di....emina'iun. dillribulion of ,'opy of IhiJ lel.<'Upy iJ I'riclly prohlbiled. If
}'OU have r"..i,'ed Ihis lel<copy In error. plea... immedlo'e/,' notify ILJ by lelephc",e and return Ihe original mllJ..age 10
u.t at lilt! llJdren above via the United Stales Po.ua/ St!T\'h't'. ThulIJ. you.
~lIDCilllmoo
TPNISI~ISSI[l1 VEPIFI'~ATlOI PEPOPT I
TIME
'lAME
FAX
TEL.
Ug/OJ/lggS 10:25
BROWOS GIL.ROY PC
717-?4.,-A?21
717-243-4514
DATE. TIME
FAX NO./NAME
DL.PATIClI
PAGE(S)
RESl.L T
MJIE
Og/03 to:24
7319627
00:00:J~
01
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FRO.t DLF1-"IN AND AS';ocS 215 569 %'35
P 1
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Amlnla)'I MlAw
4 NOl(JJf HANOV!Il ~'1lU I
(;AIlUSUl. I'l!NI'Al'LVA.'lIA 170 II
711.l4'04174
1\1.70001011O
PAX: Z4',U21
~'........ - J
.... -.,--,; ~.~
WAX COVER LITTER
DATE:
Seplanba 3,1991
TO: DoMId Doccr. Eaq.
MUE. HaIlInaIDw,I!Iq.
~ A. MGKniBfd, m, Esq.
Mmin A. DurkiD, Jr., Eaq.
731-0987
7319627
~4U3'"
215-S69.9j9j
RE: Arbitration - SholtO VI. The BmInn MIIlUaI1DIuraoce CompIIIY
FROM: John H. BIVI\loa. Eaquinl FAX NO. (717) 243.8227
TOTAL DUIIlboJr of peacs, iuGI\IlIiiqJ tnnunlt1al p.ge:
II' YOU DO NOT UCUVI: ALLPA.GES, P1.&A5J: I1"l.ORM ova omcz IMMEDIATELY,
MesNp:
FoUowinB L~ . list ofJlmct when an .tlilralioa barillll may be beld in thlI moVD Rrct~ ~
P1euc mark ALL tlalDS wIIeo YOlllle .vclable IIOli CIIX ~ur nIpOllse 10 (717) 24).1227,10 tIwl
. bearin& JaY be acbcdWod in ~ with yourlMllatllll1y. YOlII' prompI ,If,,!,'''''' lO lhb
mauai..pproc:~eed. Ma.rh';. blJr~ /S aN4,Al4~ '
Frid.y, October 16 10;OOLm. / 2:00 P.Jl1. ../'
10:OOa.m. / 2;00 p.m. ../'
lhunday. ()o;tQber 22
Friday. 0I:t0ba' :zJ
10:00 LID.
2:00 p.m.
C~""Nat"
%lor It{o.. ~- .114....d 011"'''' rIU faaiaIH........" WpI/}I pmIIqrd "* ~.,..~ .AflJJ.
,...,.,. W1Iy far rJw _ o{rJw __ .~~ .,.. f'rt/ty -.oJ'" ~ rIN _ ~rIw.......... - "" ....
"...,..c.r..-...~~......M .....v-....,JUIr~..,7..,wrdw.,.,\...",,--_A,r ------ II
""'__..__.........,pI_a """">'MWfl'-b)' . _1I_...N........,_......",
... dw oofoha _>loiN f/frIIN "'_,_ Son.... n..N,...
.
'SEP-03-9a THU 10:45
LO~ELL R CATES PC
FAX NO. 7\ TI3I 9627
P,OI
LAW OFFICES 01-
GATES & -ASSOCIATES, P.C.
\'(1M.U." GAffS
........................,IlIf...1W
~ltW.lAUftIf.,.
.......... ~,........,..
WIAN KAY ONCIlWO
(.ItAIGA NAT(;.M
toOn w. ~IMN
lItO ....... .. ..... VIMIII lit
IOI.....-..wAfIIOAO.IUlle 100
l'IIC)'fNI,MltOU
(In) 111 MOO
f'All'UJ7U_'
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-_.-
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MItWr*.....-
PACSIMILI 'l'RANSMI'1"1'AL
TOI JOlIN H. ..OI1JOS, aSQ.
TEL!COPI!R NUMBER: (7171 343,8337
PROM I IWUt B. HALBRllNEJI., S8QUIU
OAT!. IBPrBM8BR 3, 1"8
TOTAL NUMBER OF PAGEB (INCLUDING COVER SHEET). 2
ORIGINAL TO POLLOW BY MAIL?
YES
"
NO
--
IF YOU DO NOT R!CEIVI': ALL OF TH.B PAGES, PLEAS! CALL (7171 731'9600,
MESSAGE:
Please refer to the attached correspondence.
=a_==__._=D_~=~_c===a==_~~=;~:~~~=====~.====-=_=.;...===aa====Q.C
The information contained in this' facsimile cOl11l11unication is
confidential and intended only for the use of the person to whom it
is addressed. Such information may be privileged and exempt from
disclosure under apPlicable law. If tho reader of this
communication is not the intended recipient. or the employe8 or
agent responsible for its delivery to the intended r8cipient, you
are hereby notified that the reproduction, distribution or
disclosure of any part of this communication, other than to the
intended recipient, is strictly prohibit.ed. If you have received
this cOIm\Unic.stion in error, please notify us immediately by
telephone, and return the ori<]1n41 communication to us at our
mailing address above by United States Pirst-Class Mail.
.
. SEP-03~9& lijV.1 0; ~?_ .
LO~ELL R GATES PC
'.., ...... U"'''f
FAX NO, 7177319627
llM..tJ.Jlh ~ lLROY PC
P.02
PAr,e:, .':I/B1
JOHN H. 8IUX!IOS
tMlIlIlT X. OILIIOY
BROllJOS <<I GILROy, PC.
Attorn'7l Acta"
4 NOIl'l1f HANOVlll S11lIIlil'
CAIII.mJ!. Pr.NNn1.VANIA 110tJ
117.J4'-4114
117.766-1690
PAX: 14l.U27
...wI, IHJUro.ypcht.PlIII
FAX COVJ:R UTnR
DATE:
September J, 1998
TO: Dooal4 Dom. Esq.
MlIIt E. Halbnwnlll', 1!Iq.
MaroIl8 A. McKnlghl, ill, Blq.
Martin A. Duritio, Jr., EIq.
7JI-{)987
731.9627
249-6354
213-569.959'
M: Arbilmtoo - Sbolfo VI. The llte1IlRr\ Mutualln!l1ll'allCO Compmy
FROM:
John H. Broqjo!, Bsquire
fAX NO. (717) 243.8227
TOTAL number of paaell, Ill<:ludlll8 IlIIOsmJttaJ plBe:
J1l YOU DO NOT DelM ALL PAGU, PLEAS); INFORM OUR OJ1ll1CIIMMEDlAULY,
Mosaqe:
Following fl a list of timed when III aroilralion betlring may be 11th! in the soon rwkrlllOed cue.
PI- mart AId.c t!me, when you ~ available and IiIJl your rorpol\3e 10 (717) 243.8'227,10 that
a bearilll may be i1CMduled in accordance wilb your availabilily. YOIU prompt ~on to ibIs
matter i. -wrociatcd.
Friday, October 16
l1tur!day, October 22
Friday, Ottobel' 23
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Claudia Cardinale
JOHN H. r,ROUJOS
243-8227
Marcus A. McKnight III, Esq.
(717) ?4G-?.353
(71 f) 2.lY-635t\
July 30. 1998
Rc: Arbitration - Shotto V5. The Brethren Mutuallnsurarlco Company
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CAIlI.ISJ.E,I'I'NNSYJ.VANIA 1701a
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717.~la~15H
717.7(j(i.W!1ll
FAX: ~,l:J.K~~7
VIA FACSIMILE
One page total
DATE:
July 29, 1998
TO:
DONALD DORER, ESQ.
MARK E. HALBRUNNER, ESQ.
MARCUS A. McKNIGHT, III, ESQ.
MARTIN A. DURKIN, JR., ESQ.
731-0987
731-9627
249-6354 '..- /' , I
215-569-9595 v' L9-oLP
RE: ARBITRATION - SHaTTO vs. THE BRETHREN MUTUAL INSURANCE
COMPANY
FROM:CLAUDIA CARDINALE, for John H. Rroujos
Following is a list of times when an arbitration hearing may be
held in the above case. Please mark ALL times when you are
available and fax your response to (717)243-8227, so that I may
schedule the hearing in accordance with your availability. Your
prompt attention to this matter is appreciated. Please call our
office if you have any questions.
Wednesday, August l2 9:00 a.m. 2:15 p.m.
Thursday, August 13 9:00 a.m. 2:15 p.m.
Friday, August 14 9:00 a.m. 2:15 p.m.
Wednesday, August 19 9:00 a.m. ~:15 p.m.
Thursday, August 20 9:00 a.m. 2:15 p.m.
E'riday, August 21 9:00 a.m. 2:15 p.m.
Confidentiality Note
The information contained in and with this facsimile message is legally privileged atld
confidential information intended only for the IIse of the individual or entity named above. If
the reader of this message is 1I0t the intended recipiellt. you are hereby notified that any
dissemination, distriblltion of copy of this telecopy is strictly prohibited. If YOII have received
this telecopy in error, please immediately notify liS by telephone and returtl the original
message to liS at the address abol'e via the United Stateg Postal Service. Thallk you.
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Scheduling Info.
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LAW OffiCES
RUBINATF., JACOBS & SABA
214 St:NATE AVF.NUt:
SUiTt: sOJ
CAMP HII.L, PA 17011
(7J717Jt-0988
Fu: (7t7) 731-0987
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!n The Court or Cocmon Pleas of
Cumberland Councy, ?ennsylvaniA
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and deiend
We do .olemnly .wear (or aifirM) chac we
the Conacitation of the United State.
wealth and that we will discharge the
.-\WARD
We, the under.igned arbitrators, having ~een duly appoinced and sworn
(or affirMed), make che following award:
(Note: If damage. for delay are awar~ed. chey shall be
separately stated.)
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. Arbitrator,
applicable. )
Data of aear11lg:-.J 0 '"2,C:> q &-
Date of Award: ._ID ~O ct. r
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~OTIC! OF ENTRY OF AWARD
~ow, the ;.I,' ~ day or ((~ D-C......
award was entared upon the docket and
partie. or thai: attorneys.
Ar~icrators' compensation to be
paid upon appeal:
$ j<'/o ,'v
, 19~, at /2..d..!.., ~.:1., the above
nocice c~er.of given br mail co cha
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