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Huntingdon, State of Pennsylvania.
5. In or about September, 1994, Laurence W. Sheffer, for good and
valuable consideration, granted, bargained, sold, and conveyed, to
Plaintiffs Sondra L. Alban and Carel A. Nickey, equal undivided
interests in fee simple, in and to that certain residential real
property located at 13 Greystone Road, in the City of Carlisle,
County of cumberland, Commonwealth of Pennsylvania (hereinafter
referred to as "the Property").
6. At all times material hereto, following the date of conveyance
of the Property to Plaintiffs as set forth in paragraph 5 above,
Laurence W. Sheffer continued to reside in the Property and enjoyed
the unrestricted use and ownership of an equitable interest and/or
life estate therein, pursuant to agreement with Plaintiffs.
7. At all times material hereto, Laurence W. Sheffer was the
owner and in possession of all of the personal property contained
in the Property.
8. By virtue of his ownership of the personal property contained
in the Property and his enjoyment of the unrestricted use of and
ownership of an equitable interest and/or life estate in the
Property, as hereinabove alleged, Laurence W. Sheffer derived a
reasonable expectation of benefit and advantage from the
preservation and continued existence of the Property and thereby,
at all times material hereto, maintained an insurable interest in
the Property and the personal property therein.
9. Plaintiffs Sondra L. Alban and Carel A. Nickey, by virtue of
their legal ownership of the Property at all times material hereto,
were third party beneficiaries under the Policy and are entitled
thereby and otherwise, to all rights and benefits appertaining to
the Property under the Policy, as the result thereof.
10. On or about May 11, 1996, for and in consideration of a
valuable premium paid and agreed to be paid by Laurence W. Sheffer,
Defendant renewed and issued to Laurence W. Sheffer its Homeowners
(Insurance) Policy number H000228668 (hereinafter "the Policy"),
covering, inter alia, loss due to damage by fire to the Property.
The Policy provided for a maximum coverage and limits of liability
with respect to the Property (in pertinent part) as follows:
Dwelling - $82,000; and Personal Property - $57,400. A true and
correct copy of the Policy is attached hereto as Exhibit "A", and
by this reference made a part hereof.
11. Thereafter, while the Policy remained in full force and
effect, on of about January 27, 1997, the Property, including the
personal property contained therein, was totally destroyed as the
result of fire and/or efforts to extinguish said fire, and Laurence
W. Sheffer sustained fatal injuries. At the time of the fire and
said loss, the actual cash value of the Property and the personal
2
.'
property contained therein, was in excess of the face amounts of
the Policy, as set forth above. The actual cash value at the time
of the fire and said loss of the Property and each item of personal
property contained therein which was destroyed, exceeds the maximum
benefit and liability of Defendant for personal property under the
Policy, as itemized on Exhibit "B", attached hereto and by this
reference incorporated herein.
"
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12. Thereafter, on or about January 28, 1997, Plaintiffs notified
Defendant of the fire loss and damage. Thereafter, within the time
period prescribed in the Policy, Plaintiffs filed a proof of loss
and presented it to Defendant. Plaintiffs have fully and/or
substantially complied with each and every term, condition, and
provision of the Policy on Plaintiffs' part to be performed.
13. Defendant, though repeatedly requested to do so, prior to
December 16, 1997, failed and refused to pay Plaintiffs the amount
due to be paid under the Policy, by reason of the fire, loss, and
damage to the Property.
14. On or about December 16, 1997, Plaintiffs Sondra L. Alban and
Carel A. Nickey, for good and valuable consideration, granted,
bargained, sold, and conveyed the Property, in its then existing
destroyed and unrestored condition, for the sum of $35,000, to a
bona fide purchaser at arms length, that amount representing the
fair market salvage value of the Property at the time of sale, it
its then existing condition, as the result of the destruction of
the Property due to fire, as set forth above.
COUNT J:
(Breach Of Insurance Contract Re: The Property)
15. Plaintiffs hereby reassert and reallege, each and every, all
and singular, the allegations contained in Paragraphs 1 through 14
hereinabove and by this reference incorporate the same herein as
though fully set forth at length.
16. The Policy was in full force and effect and was obligatory
upon Defendant at the time of the hereinabove alleged fire, loss
and damage, and Defendant, though repeatedly requested to do so,
has failed and refused to pay Plaintiffs the amount due to be paid
under the Policy, by reason of the fire, loss and damage to the
Property. Defendant's failure and refusal to pay Plaintiffs the
amounts due under the Policy constitutes a material breach of the
Policy.
17. As the direct and proximate result of Defendant's breach of
the Policy and by reason of the fire, loss and damage to the
Property and the subsequent sale of the Property for salvage value,
as hereinabove alleged, Plaintiffs have sustained a loss in the
amount of $47,000 and are therefor entitled to recover said amount
from Defendant, together with interest thereon at the maximum legal
3
..
,
rate, from January 27, 1997 until paid.
18. As a further direct and proximate result of Defendant's breach
of the policy, as hereinabove alleged, Plaintiffs have incurred
attorney's fees, costs and expenses and other special damages in an
amount not yet determined.
WHEREFORE, Plaintiffs and each of them, pray for damages
against Defendant as follows:
1. For Plaintiffs' actual damages as the result of
Defendant's breach of the Policy in the sum of $50,000;
2. For interest upon Plaintiffs' actual damages, as set
forth above, at the maximum legal rate, from January 27, 1997 until
paid;
3. For Plaintiffs' costs and attorneys fees for bringing
this action, as allowed by law; and
4. For such other and further relief as this Court deems
proper in the premises.
COUNT II
(Breach Of Insurance Contract Re: Personal Property)
19. Plaintiffs hereby reassert and reallege, each and every, all
and singular, the allegations contained in Paragraphs 1 through 18
hereinabove and by this reference incorporate the same herein as
though fully set forth at length.
20. Defendant, though repeatedly requested to do so, has failed
and refused to pay Plaintiffs the amount due to be paid under the
Policy by reason of the fire, loss, and damage to Plaintiff's
personal property, as hereinabove alleged. Defendant's failure and
refusal to pay Plaintiffs the amounts due under the Policy
constitutes a material breach of the Policy.
21. As the direct and proximate result of Defendant's breach of
the Policy, Plaintiffs have sustained a loss in excess of $57,400,
the max~mum amount allowed under the Policy for personal property
and is therefor entitled to recover said amount from Defendant,
together with interest thereon at the maximum legal rate, from
January 27, 1997 until paid.
22. As a further direct and proximate result of Defendant's breach
of the policy, as hereinabove alleged, Plaintiffs have incurred
attorney's fees, costs and expenses and other special damages in an
amount not yet determined.
4
WHEREFORE, Plaintiffs and each of them, pray for damages
against Defendant as follows:
1. For Plaintiffs' actual damages as the result of
Defendant's breach of the Policy in the sum of $57,400;
2. For interest upon Plaintiffs' actual damages, as set
forth above, at the maximum legal rate, from January 27, 1997 until
paid;
3. For Plaintiffs' costs and attorneys fees for bringing
this action, as allowed by law; and
4. For such other and further relief as this Court deems
proper in the premises.
COUNT III
(Breach Of Covenant Of Good Faith And Fair Dealing)
23. Plaintiffs hereby reassert and reallege, each and every, all
and singular, the allegations contained in Paragraphs 1 through 22
hereinabove and by this reference incorporate the same herein as
though fully set forth at length.
24. At all times material hereto, Defendant agreed to and had an
obligation to act in good faith and deal fairly with Plaintiffs,
inter alia, in all matters pertaining to the adjustment of claims
and losses under the Policy, including the subject fire loss, when
Defendant renewed and issued the Policy and accepted the premiums
therefor. Nevertheless, Defendant, by and through its authorized
agent, Swigart Associates, Inc., has refused and failed to act in
good faith and deal fairly with Plaintiffs and has thereby breached
its agreement and obligation.
25. In the absence of a reasonable basis for so doing and with
full knowledge and/or reckless disregard therefor, Defendant has
failed and refused to indemnify Plaintiffs under the Policy and the
laws of the Commonwealth of Pennsylvania.
26. Defendant, by and through its authorized agent, Swigart
Associates, Inc., has: Unreasonably delayed decision on
Plaintiffs' claims for indemnity under the Policy; has failed and
refused to pay Plaintiffs the amounts due for loss and damage to
personal property as set forth in Plaintiffs' proof of loss: has
failed and refused to make Plaintiffs any offer whatsoever in
regard to Plaintiffs' personal property loss claim; has failed and
refused to make Plaintiffs a reasonable offer for the actual cash
value of the Property; has failed and refused to explain its
calculations as to its offered actual cash value of the Property;
has failed and refused to pay the fair and reasonable cost to
restore the Property; and has failed and refused to give adequate
explanations for such conduct.
5
..
.
27. As a direct and proximate result of Defendant's conduct, as
hereinabove alleged, Plaintiffs have incurred attorney's fees,
costs, expenses, loss of interest, and other damages to which
Plaintiffs are entitled to recovery pursuant to 42 Pa.C.S. ~8371,
in an amount not yet determined.
28. In order to deter such conduct in the future and prevent the
repetition of such conduct by Defendant and others as a practice,
Plaintiffs request punitive and exemplary damages in such sum as is
justified by the evidence.
WHEREFORE, Plaintiffs and each of them, pray for damages
against Defendant as follows:
1. For Plaintiffs' damages as the result of Defendant' s
conduct, pursuant to 42 Pa.C.S. ~8371, in an amount to be
substantiated by the evidence at trial;
2. For punitive and exemplary damages in an amount to be
substantiated by the evidence at trial;
3. For Plaintiffs' costs and attorn~~!8 fees for bringing
this action, as allowed by law; and
4. For such other and further relief as this Court deems
proper in the premises.
Respectfully submitted
this ~day of April, 1998.
CANTAFIO and HARDY-MOORE
By:
g e, #277
774567
Steamboat Springs, Colorado 80477
(970) 879-4567
(970) 879-4511 (fax)
CANTAPIO and HARDY-MOORE
COHPllt'ER CODE. JB cl\wp\n{ckey\pleading\amended.cpl
6
CERTIFICATE OF MAILING
I hereby certify that this ~ay of April, 1998, I placed a
true and correct copy of the forego1ng document in the u.s. Mails,
postage prepaid, correctly addressed to,
Cumberland County Prothonotary
1 Court House Square
Huntington, PA 17013
Peter J. Speaker, Esq.
THOMAS, THOMAS & HAFER,
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
LLP
Ms. Carel Nickey
P.O. Box 882555
Steamboat Springs, CO
80488
Ms. Sondra Alban
146 East High Street
Carlisle, PA 17013
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3-3121-1998
!"AR-27 98 15143
1l:l,el:lAt,' FROlt CANTAFIO HAROY'I,\O:iR 97l:l 379 (,51 I
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"ROM' ,MOl'\AS TKll"AS 71723771es TOl971l 67>1 4511
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The c,dundan~ shall have -A.. extenll~on of time in whic:h to
respond to the Amended complaint lOII'eil I!.ftl.~~ tall) d..~g .rI...v
f1.lr""'.T" ""t--Ie. frnft'l "1 ilil..tif'.' eetd.lls91 .....,,,.. opf"'R'a:l.t. .uG la.""::iI~:t"
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1{-/-1f{'
I)ated
FIU.n-Or-FlCE
OF T\.~F Fn0THO!\VJTMY
981iAR 11 PI1 3: 55
CUMBEHlJ\'!D COUi'ITl'
PENNSYLVflNIA
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Ralph A. Cantafio, Esq.
Attorney ID No. 42856
CANTAFIO and HARDY-MOORE
P.O. Box 774567
Steamboat Springs, Colorado 80477
(970) 879-4567
(970) 879-4511 (Fax)
THE ESTATE OF LAURENCE W.
SHEFFER,By And Through
SONDRA L. ALBAN,It'S personal
Representative; SONDRA L.
ALBAN, Individually; and :
CAREL A. NICKEY, Individually,:
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 98-463 Civil Term
v.
MUTUAL BENEFIT INSURANCE
COMPANY, A Corporation,
Defendant.
MOTION FOR SPECIAL ADMISSION OF GARY S. ENGLE. ESO.
PURSUANT TO LOCAL RULE 301
Ralph A. Cantafio, Esq., of Cantafio & Hardy-Moore, on behalf
of plaintiff Carel A. Nickey, respectfully requests that this Court
permit Gary S. Engle of Cantafio and Hardy-Moore to appear Pro Hac
Vice in the above-captioned matter pursuant to Rule 301,
Pennsylvania Bar Admission Rules. The following facts are set out
in support of this Motion.
1. Gary S. Engle, Esq., is a member of the law firm Cantafio
and Hardy-Moore of Steamboat springs, Colorado. The law firm of
Cantafio and Hardy-Moore has been requested to represent the above
plaintiff because of prior matters in which this firm has
represented one or more of said Plaintiffs, and due to the fact
that Ralph A. Cantafio, Esq. is a member of the Bar of the
Commonwealth of Pennsylvania. Further, Ralph A. Cantafio, Esq.,
and Gary S. Engle, Esq., are familiar with the facts of the case
and it would be unduly expensive, inconvenient and oppressive for
plaintiff to secure new or other counsel.
2. Gary S. Engle, Esq., is licensed to practice law and is
a member in good standing of the State Bar of Colorado and the
State Bar of Arizona. He has been licensed and admitted to
practice in Arizona since 1976. He has been licensed and admitted
to practice in Colorado since 1997. In addition, Mr. Engle is a
member in good standing of the following Federal Courts: U. S.
Federal District Courts for the Districts of Arizona and Colorado;
the Ninth Circuit Court of Appeals; and the Tenth Circuit Court of
Appeals.
3. Gary S. Engle, Esq., as a member of Cantafio & Hardy-
Moore, shall be actively involved in all aspects of the litigation
and at all stages of this case.
4. Ralph A. Cantafio, Esq., of Cantafio & HardY-Moore, is a
member in good standing of the Bar of the Commonwealth of
Pennsylvania, and shall be associated in such case at all stages
thereof.
WHEREFORE, on behalf of the above-named' Plaintiffs it is
respectfully requested that this Court enter an Order to permit
Gary S. Engle, Esq. to appear in this Court for this matter only.
RESPECTFULLY submitted this
Of~,
MOORE I -
1998.
By:
R ph #'fWTG
P.O. Box 774567
Steamboat Springs, CO 80477
(970) 879-4567
(970) 879-4511 (fax)
AFFIDAVIT OF GARY S. ENGLE PURSUANT TO RULE 301
The Full name of attorney:
Gary S. Engle
CANTAFIO and HARDY-MOORE
P.O. Box 774567
200 Lincoln Aven~e, Suite 400
Steamboat Springs, CO 80477
(970) 879-4567
Date of law school graduation: May, 1976
Date and place of admission to all Bars: Arizona State Bar _ 1976;
Ninth Circuit Court of Appeals - 1978; Federal District Court for
the District of Arizona - 1977; Colorado State Bar _ 1997; Tenth
Circuit Court of Appeals - 1997; U.S. Federal District Court for
the District of Colorado, 1997.
Recitation of good standing: In good standing.
Names and addresses of three profesSional references.
1. Tod F. SChleier, Esq., 3101 North Central Avenue, Suite 800,
Phoenix, Arizona 85012;
2. J.J. Vick, Esq., 315 W. Oak Street, Suite 512, Fort Collins,
Colorado 80521;
3. Jay Fradkin, Esq., One Renaissance Square, Two North Central
Avenue, Phoenix, Arizona 85004-2393
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THOMAS, THOMAS & HAFER, LLP
Peter J. Speaker. EsqUIre
I. D. No. 428J4
J05 North Front Street
P. O. 80x 999
Harrisburg, PA 17108
'717/25S.7644
Attorneys for Defendant
THE ESTATE OF LAURENCE W.
SHEFFER, by and through
SONDRA L. ALBAN, its personal
representative; SONDRA L.
ALBAN, individually and
CAREL A. NICKEY, Individually,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
No. 98-463 Civil Term
v.
MUTUAL BENEFIT INSURANCE
COMPANY,
JURY TRIAL DEMANDED
Defendant
ORDER
AND NOW,
, 1998, Mutual Benefit's Preliminary
Objections to Plaintiffs' Complaint are sustained and it is hereby
ordered as follows:
1. The claims of Sondra L. Alban, individually,
and Carel A. Nickey, individually, are dismissed and
stricken;
2. Carel A, Nickey, individually, is dismissed and
stricken as a Plaintiff in this action;
3. All claims for emotional and mental distress
are dismissed and stricken;
4. The allegations and demands for $1,000,000 in
punitive and exemplary damages are stricken; and
'"
In The Court of Common Pleas of Cumberland Count)., Pennsylvania
THE ESTATE OF LAURENCE W. SHEFFER ET. AL.
vs.
MUTUAL BENEFIT INSURANCE, 409 PENN STREET
HUNTINGTON, PA 16652
No. 9B-463 CIVIL
19_
Now, 1/26/9B 19_,1 SHERIFF OF CUMBERLAND COUNTY, PA do hereb~' deputize the Sheriff of
HUNTINGTON County to e~ecute this Wrlt,tbls deputation being made at the request and risk of the Plaintiff.
~~~~.,
Sheriff of Cumberland Coun~', Pa.
Affidavit of Service
Now,
within
upon
at
by handing to
attested copy of the original
Ihe contents therenf.
19
o'c1ock
i\1. served the
. at
a true and
and made knnwn to
So answers,
,-
Sheriff of
Coun~', Po.
COSTS
Sworn nnd subscribed hefore
me this day of
19_
SERVICE
MILEAGE
AFFIDA VIT
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Ralph A. Cantafio, Esq.
Attorney ID No. 42856
CANTAFIO and HARDY-MOORE
P.O. Box 774567
Steamboat springs, Colorado 80477
(970) 879-4567
(970) 879-4511 (Fax)
THE ESTATE OF LAURENCE W.
SHEFFER, By And Through
SONDRA L. ALBAN, It's Personal:
Representative; SONDRA L.
ALBAN, Individually; and :
CAREL A. NICKEY, Individually,:
Plaintiffs,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1'g- 4r;J
~
v.
MUTUAL BENEFIT INSURANCE
COMPANY, A corporation,
Defendant.
COMPLAINT
Comes now Plaintiffs, by and through counsel undersigned, and
as and for their claims against Defendant, hereby assert and allege
as follows:
ALLEGATIONS COMMON TO ALL COUNTS
1. plaintiff Sondra L. Alban is the duly appointed and empowered
Personal Representative of the Estate Of Laurence W. Sheffer,
Deceased, and brings this claim for and on behalf of said Estate
and for and on her own behalf.
2. Plaintiff Sondra L. Alban is and at all times material hereto
was, a resident of the City of Carlisle, County of Cumberland,
Commonwealth of Pennsylvania.
3. Plaintiff Carel A. Nickey is and at all times material hereto
was, a resident of the City of Steamboat Springs, County of Routt,
State of Colorado.
4. Defendant Mutual Benefit Insurance Company, upon information
and belief, is and at all times material hereto was, a corporation
organized and existing under the laws of the Commonwealth of
Pennsylvania and engaged in business as an insurer pursuant to the
general insurance laws of said Commonwealth, with its principle
office and place of business in the City of Huntingdon, County of
1
r
Huntingdon, State of Pennsylvania,
5. In or about September, 1994, Laurence W. Sheffer, for good and
valuable consideration, granted, bargained, sold, and conveyed, to
Plaintiffs Sondra L. Alban and Carel A. Nickey, equal undivided
interests in fee simple, in and to that certain residential real
property located at 13 Greystone Road, in the City of Carlisle,
County of cumberland, Commonwealth of Pennsylvania (hereinafter
referred to as "the Property").
6. At all times material hereto, following the date of conveyance
of the Property to Plaintiffs as set forth in paragraph 5 above,
Laurence W. Sheffer continued to reside in the Property and enjoyed
the unrestricted use and ownership of an equitable interest and/or
life estate therein, pursuant to agreement with Plaintiffs.
7. At all times material hereto, Laurence W. Sheffer was the
owner and in possession of all of the personal property contained
in the Property.
8. By virtue of his ownership of the personal property contained
in the Property and his enjoyment of the unrestricted use of and
ownership of an equitable interest and/or life estate in the
Property, as hereinabove alleged, Laurence W. Sheffer derived a
reasonable expectation of benefit and advantage from the
preservation and continued existence of the Property and thereby,
at all times material hereto, maintained an insurable interest in
the Property and the personal property therein.
9. Plaintiffs Sondra L. Alban and Carel A. Nickey, by virtue of
their legal ownership of the Property at all times material hereto,
were third party beneficiaries under the Policy and are entitled
thereby and otherwise, to all rights and benefits appertaining to
the Property under the Policy, as the result thereof.
10. On or about May 11, 1996, for and in consideration of a
valuable premium paid and agreed to be paid by Laurence W. Sheffer,
Defendant renewed and issued to Laurence W. Sheffer its Homeowners
(Insurance) Policy number H000228668 (hereinafter "the Policy"),
covering, inter alia, loss due to damage by fire to the Property.
The Policy provided for a maximum coverage and limits of liability
with respect to the Property (in pertinent part) as follows:
Dwelling - $82,000; and Personal Property - $57,400. A true and
correct copy of the Policy is attached hereto as Exhibit "A", and
by this reference made a part hereof.
11. Thereafter, while the Policy remained in full force and
effect, on of about January 27, 1997, the Property, including the
personal property contained therein, was totally destroyed as the
result of fire and/or efforts to extinguish said fire, and Laurence
W. Sheffer sustained fatal injuries. At the time of the fire and
said loss, the actual cash value of the Property and the personal
2
property contained therein, was in excess of the face amounts of
the Policy, as set forth above. The actual cash value at the time
of the fire and said loss of the Property and each item of personal
property contained therein which was destroyed, exceeds the maximum
benefit and liability of Defendant for personal property under the
Policy, as itemized on Exhibit "B", attached hereto and by this
reference incorporated herein.
12. Thereafter, on or about January 28, 1997, Plaintiffs notified
Defendant of the fire loss and damage. Thereafter, within the time
period prescribed in the Policy, Plaintiffs filed a proof of loss
and presented it to Defendant. Plaintiffs have fully and/or
substantially complied with each and every term, condition, and
provision of the Policy on Plaintiffs' part to be performed.
13. Defendant, though repeatedly requested to do so, prior to
December 16, 1997, failed and refused to pay Plaintiffs the amount
due to be paid under the Policy, by reason of the fire, loss, and
damage to the Property.
14. On or about December 16, 1997, Plaintiffs Sondra L. Alban and
Carel A. Nickey, for good and valuable consideration, granted,
bargained, sold, and conveyed the Property, in its then existing
destroyed and unrestored condition, for the sum of $35,000, to a
bona fide purchaser at arms length, that amount representing the
fair market salvage value of the Property at the time of sale, it
its then existing condition, as the result of the destruction of
the Property due to fire, as set forth above.
COUNT I
(Breach Of Insurance Contract Re: The Property)
15. Plaintiffs hereby reassert and reallege, each and every, all
and singular, the allegations contained in Paragraphs 1 through 14
hereinabove and by this reference incorporate the same herein as
though fully set forth at length.
16. The Policy was in full force and effect and was obligatory
upon Defendant at the time of the hereinabove alleged fire, loss
and damage, and Defendant, though repeatedly requested to do so,
has failed and refused to pay Plaintiffs the amount due to be paid
under the Policy, by reason of the fire, loss and damage to the
Property. Defendant's failure and refusal to pay Plaintiffs the
amounts due under the Policy constitutes a material breach of the
Policy.
17. As the direct and proximate result of Defendant's breach of
the Policy and by reason of the fire, loss and damage to the
Property and the subsequent sale of the Property for salvage value,
as hereinabove alleged, Plaintiffs have sustained a loss in an
amount not less than $50,000 and are therefor entitled to recover
said amount from Defendant, together with interest thereon at the
3
maximum legal rate, from January 27, 1997 until paid.
lB. As a further direct and proximate result of Defendant's breach
of the policy, as hereinabove alleged, Plaintiffs have incurred
attorney's fees, costs and expenses and other special damages in an
amount not yet determined.
WHEREFORE, Plaintiffs and each of them, pray for damages
against Defendant as follows:
1. For Plaintiffs' actual damages as the result of
Defendant's breach of the Policy in the sum of $50,000;
2. For interest upon Plaintiffs' actual damages, as set
forth above, at the maximum legal rate, from January 27, 1997 until
paid;
3. For Plaintiffs' costs and attorneys fees for bringing
this action, as allowed by law; and
4. For such other and further relief as this Court deems
proper in the premises.
COUNT II
(Breach Of Insurance Contract Re: Personal Property)
19. Plaintiffs hereby reassert and reallege, each and every, all
and singular, the allegations contained in Paragraphs 1 through 1B
hereinabove and by this reference incorporate the same herein as
though fully set forth at length.
20. Defendant, though repeatedly requested to do so, has failed
and refused to pay Plaintiffs the amount due to be paid under the
Policy by reason of the fire, loss, and damage to Plaintiff's
personal property, as hereinabove alleged. Defendant's failure and
refusal to pay Plaintiffs the amounts due under the Policy
constitutes a material breach of the Policy.
21. As the direct and proximate result of Defendant's breach of
the pol~cy, Plaintiffs have sustained a loss in excess of $57,400,
the max~mum amount allowed under the Policy for personal property
and is therefor entitled to recover said amount from Defendant,
together with interest th-=reon at the maximum legal rate, from
January 27, 1997 until paid.
22. As a further direct and proximate result of Defendant's breach
of the policy, as hereinabove alleged, Plaintiffs have incurred
attorney's fees, costs and expenses and other special damages in an
amount not yet determined.
WHEREFORE, Plaintiffs and each of them, pray for damages
against Defendant as follows:
1. For Plaintiffs' actual damages as the result of
Defendant's breach of the Policy in the sum of $57,400;
2. For interest upon Plaintiffs' actual damages, as set
forth above, at the maximum legal rate, from January 27, 1997 until
4
~
paid;
3. For Plainti ffs' costs and attorneys fees for bringing
this action, as allowed by law; and
4. For such other and further relief as this Court deems
proper in the premises.
COUNT IU
(Breach Of Covenant Of Good Faith And Fair Dealing)
23. Plaintiffs hereby reassert and reallege, each and every, all
and singular, the allegations contained in Paragraphs 1 through 22
hereinabove and by this reference incorporate the same herein as
though fully set forth at length.
24. At all times material hereto, Defendant agreed to and had an
obligation to act in good faith and deal fairly with Plaintiffs,
inter alia, in all matters pertaining to the adjustment of claims
and losses under the Policy, including the subject fire loss, when
Defendant renewed and issued the Policy and accepted the premiums
therefor. Nevertheless, Defendant, by and through its authorized
agent, Swigart Associates, Inc., has refused and failed to act in
good faith and deal fairly with Plaintiffs and has thereby breached
its agreement and obligation.
25. In the absence of a reasonable basis for so doing and with
full knowledge and/or reckless disregard therefor, Defendant has
failed and refused to indemnify Plaintiffs under the Policy and the
laws of the Commonwealth of Pennsylvania.
26. Defendant, by and through its authorized agent, Swigart
Associates, Inc., has: Unreasonably delayed decision on
Plaintiffs' claims for indemnity under the Policy; has failed and
refused to pay Plaintiffs the amounts due for loss and damage to
personal property as set forth in Plaintiffs' proof of loss: has
failed and refused to make Plaintiffs any offer whatsoever in
regard to Plaintiffs' personal property loss claim; has failed and
refused to make Plaintiffs a reasonable offer for the actual cash
value of the Property; has failed and refused to explain its
calculations as to its offered actual cash value of the Property;
has failed and refused to pay the fair and reasonable cost to
restore the Property; and has failed and refused to give adequate
explanations for such conduct.
27. As the direct and proximate result of the conduct of
Defendant, by and through its authorized agent, Swigart Associates,
Inc., Plaintiffs have suffered severe emotional and mental
distress, all to their general damage in an amount not yet
determined but which is in excess of the minimum jurisdictional
amount of the Court.
5
28. Defendant committed these acts, by and through its authorized
agent, swigart Associates, Inc., intentionally, recklessly,
maliciously, and/or in reckless disregard for the likelihood of
causing plaintiffs severe emotional and mental distress, knowing
full well of Plaintiffs' fragile mental status as the result of the
tragic death of Plaintiffs' father, Laurence W. Sheffer, as the
result of the subject fire. Additionally or in the alternative,
Defendant committed these acts at all times to further its own
economic interest in total disregard for and at the expense of,
Plaintiffs economic interest, mental health and well-being.
29. As a further direct and proximate result of Defendant's
conduct, as hereinabove alleged, Plaintiffs have incurred
attorney's fees, costs and expenses and other special damages in an
amount not yet determined.
30. In order to deter such conduct in the future and prevent the
repetition of such conduct by Defendant and others as a practice,
Plaintiffs request punitive and exemplary damages in the sum of
$1,000,000.
WHEREFORE, Plaintiffs and each of them, pray for damages
against Defendant as follows:
1. For Plaintiffs' general
Defendant's conduct in an amount
evidence at trial;
2. For punitive and exemplary damages in the amount of
$1,000,000;
3. For Plaintiffs' costs and attorneys fees for bringing
this action, as allowed by law; and
4. For such other and further relief as this Court deems
proper in the premises.
damages as the result
to be substantiated by
of
the
Respectfully submitted this /(~day of
nuary, 1998.
DY-MOORE
..I ((./.-l (?"'.
By: ~2~~b
Ralph A. Cantafio, #16280
P. O. Box 774567
Steamboat Springs, Colorado 80477
(970) 879-4567
(970) 879-4511 (fax)
CNrrAPIO and IIARDY-HOORB
COMPUTER CODE. JB cl\wp\nickey\plelldlng\nlckey.cl'l
6
(
(
HO 00030401
HOMEOWNERS 3
SPECIAL FORM
,.-.'.
(' AGREEMENT
~. J'
We will provide the Insurance described in this policy in return for the premium and compliance with,all ap'
pllcable provisions of this polley.
'.
'.
"
, DEFINITIONS
"
.., ,;
In this polley, :you~ and "your," .refer to the "named
Insured" shown' in ,the Declarations and Ihe spouse
if a resident of the ssme household. "We," "us" ,and
"our" refer to the Company providing this Insurance.
hi addllion, certain words and phrases are defined
as follows:' ...,. . '., ,'" - ' '.,
1. "Boc!!ly Injury" .means bodily harm. slck,ness O(
disease. includln'g'required care. loss of services
.. and death that results. " , '
2. "Business" l"dudeS trade. profession or 'occupa-
tion, ~ ~.::,' I. : .
3, "Insured" means you and residents' of your
household who are:
a. Your relative.s; or
M .n . ~
b. Other persons under the age of 21 and in the
care of any person named above,
,- ..
Under Section II, "insured" also means: "
c. With respect to animals or watercraft to which
this policy applies. any person or organization
legally responsible. for Ihese animals or
watercraft which are owned by you or any
person included in 3.e. or 3.b. above. A per.
'. son pr organization using or having: cuslody
of these animals or watercraft in the course of
any "b~siness" or without consent of the
.owner is not ,an "insured";
d. With respect to any vehicle 10 which this pol.
icy applies:
(1) Persons while engaged in your employ or
that of any person included in 3.e. or 3.b.
above; or '
(2) Other persons using the vehicle on an "in-
sured location" with your consent.
4. "Insured location" means:
a. The "residence premises';
b. The parI of other premises, other structures
and grounds used by you as a residence and:
(1) Which is shown in the Declarations; or
(2) Which is acquired by you during the policy
period for your use as a residence;
. /'v.' .
HO 00 03 04 91
c. Any premises used by you in connection with
a premises in 4.8. end 4,b. aboile;'!.", "
d, Any part ofla premises:" ',' ~, 1 i
(1) Not owned by an "Insured"; and
" .,' ".' , '.
" . (2) W~ere an "'nsunid: ,is tempc;l(ar,lly r!!siding;
.." J., J" ~ . . '". 1.1
a. Vacant land. other Ihan farm land, owned by
or renled to an "insured";
I.. "-':,
f. Land owned by or rented 'to an "insured", on
which a one or two family dwelling is being
buil! as a residence 'for an "insured"; .
g, lridividua(i)r familY'demetery' plols or 'buriai
vaults of an' "insured"; or ' 'I, . '
'no, . .,-.:'. '. . .' .
h. Any part of a premises' occasionally reIned 10
an "insured" for other than "ousiness" use:
, 10 j'
5. "Occurrence" means an accident. .including con-
tinuous or repeated exposure to substantially the
same general harmful condilions. which results,
during (he policy period, in: '
a. "Bodily injury"; or
b. "Property damage." ..
6. "Property damage" means physical injury 10, de.
struction of, or loss of use of langible property.
7. "Residence employe'e" means:
a. An employee of an "insured" whose duties,are
related to Ihe mainlenance or use of the "res-
idence premises," including household or do-
mestic services; or
b. One who performs similar duties elsewhere
not relaled to the "business" of an "insured,"
8. "Residence premises" means:
a. The one family dwelling. other structures, and
grounds: or '
b. That part of any olher building,;
where you reside and which is shown as the
"residence premises" in Ihe Declarations.
"Residence premises" also means a two family
dwelling where you reside in at least one of the
family units and which is shown as the "residence
premises" in the Declaralions,
Copyright, Insurance Services Qffice, Inc.. 1990
Page 1 of 18
HO 00 03 04 91
SECTION I _ PROPE!lTY COVERAGES
COVERAGE A - Dwelling
We cover:
1, The dwelling on the "residence premises' shown
in ihe Oecleretlons, including struclures etteched
to the dwelling; end
2, Meterlals end supplies loceted on or next 10 the
"residence premises" used to construct, niter or
repair the dwelling or other slructures on the
"residence premises.'
This coverage does not apply to lend. Including land
on which the dwelling is located.
COVERAGE B . Other Structures
We cover other structures on the "residence prem-
Ises" set epert Irom the dwelllng by cleer space. This
includes structures connected to the dwelling by
only a fence. utility line, or slmller connection.
This coverage does not apply to land, Incruding land
on which the other structures are located.
We do not cover other stnictures:
1. Used In whole or in part ior "business"; or
,.
2. Rented or held lor rental to eny person not a
tenant 01 the dwelling, unless used solely as a
private garage.' '
The limit of lIabililY lor this coverage will not be more
than 10% 01 the limit of liability that applies to Cov-
eiage A. Use 01 this coverage does not reduce the
Coverage A limit olllabllity.
COVERAGE C - Personal PropertY
We cover personal property owned or used by an
"insured' while it is anywhere in the world. At your
request. we will cover personal property owned by:
1. Others while the properlY is on the part 01 the
'residence premises" occupied by an "insured';
2. A guest or e 'residence employee: while the
property is in any residence occupied by an "in-
sured.'
Our limit olllabililY for personal property usuallY lo-
cated at an "insured's" residence, other than the
"residence premises," is 10% of the limit of liability
for Coverage C, or $1000, whichever is graaler.
Personal properlY in a newly acquired principal resi-
dence is not subject to this limitation for the 30 days
from the time you begin to move the property there.
Special Limits of liabilitY. These limits do nol
increase the Coverage C limit 01 liabililY. The special
limit for each numbered category below is the total
limit lor each loss for all properlY in that category,
1. $200 on money, bank notes, bullion, gold other
than goldware, sliver "other' than silverware:
platinum, coins and medals.
2, $1000 on securities, eccounts, deeds, evidences
of debt, letters ai, C;ledlt, notes other then benk
notes, manuscriptlW personel records, pessports,
tickets and stemp.s, ,This doller limit epplles to
these cetegories regerdless of the medium (such
as paper or computer soltware) on which the
meterlal exists. ,-,-
This limit Includes'me cost to reseerch. replece
or restore the Inlormetlon Irom the lost or dem-
eged material. ',I)n'" :,~(: -
3.:"$,1000 on wate~ciait, In~lud\ng' t~l\lr' trailers, lur-
nlshings, equipment end outboard engines or
motors.
4. $1000 on trailers not use~ ~~h:':'teiercra\t:'
6. $1000 lor loss by theft ollllwelry; ,watches, lurs,
precious and semi_preclous,stones., ,
. . ,..y'.'" ~:"
6. $2000 lor loss by thelt olllrearms.
7. $2500 for loss by theft 01 Silvllrware, sliver-plated
ware, goldware, gold-pleted' were and
pewterware. This includes f1atwere, ,hollowware.
tea sets, trays end trophies m"ei:l'e '01 or'lncluding
sliver, gold or pewter. ''',Ji'' ' J'
. C' . .. ~ .... ,I ~
8. $2500 on property, on ttie "tesldence premises:
used at any time or In any mahner lor'any 'busi-
ness" purpose, " .J,",;~il .
9. $250. on properlY, away from tho "residence
premises," used at any time or in eny'menner lor
any "business" purpose. However; this limit does
not apply to loss to adaptable electronic 'eppara-
tus as described in Special LImits 10,' and 11,
below, .~ 'Ii", J1' i
, . "", .",1 ,
10.$1000 lor loss to electronic eppjlratus...while in
or upon e motor vehicle or olher motorlietl land
conveyance, if the electronic epparatus ;~
equipped to be operated by pOWll( Irom tho
elecuical system of the vehicle ,or conveyanco
while retaining its capabllllY 01 being operated
by other sources 01 power, Electronic epparatus
includes:
a. Accessories or antennes; or
b. Tapes, wires, records, discs or other media;
lor use with any elecuonlc apparatus.
I
paga 2 of 18
Copyright, Insurance S~r'lir..s Qllice, Inc" 1990
HO 00 030491
f,
11.$1000 for 10lS'la electronic apparatus, while not
In or upon a motor. vehicle or other mOlorized
land conveyanc'e, II the olectronlc apparatus:
a. Is equlpped,\b' ~(operatod by power from the
~lectrlcal,sY'I~~nrqltne vehicle or conveyance
while retaining ',((scapabllity 01 being operated
by olher sourc~1 01 power; ,
b.ls !lway !~!iiri m~l~resld~r~e premises"; and
c. Is used,et.any.lIme or In any manner lor any
"business" purpose. "~Ie,
Electrbnltl' epperatui' Includes: ,. .
a, Accessories and antennas; or
b, Tape!(~iie's~ ;ecords, discs or other media;
'.l N F.",' -H~, ' . . j' r. ' . .
lor, use with any electronic apparatus.
,. ..' , ,"'.'
Property Not,Covered. We do'not cover:
1. Artl61es 'separately 'described' aileI' specllically In-
, , suied Iri'ihls or' other Insuranpe; "", , '
:.' \""' '. '. i" ., 1'-" j'''''' "~ ..
2, Animals, birds o,i:ilsh; . : , l," ,.
3.' Motor vehicles: or all other molorlzed "land
"conveyances. This includes: ' ;~ : :
a. Their equipment and aocessories; or '
. [" .... . '.', ' '.
b. Electronic apparatus that is designed 'to be
operated'solely by use 01 the power from the
electrical system of motor vehicles ol'all other
motorized land cOnveyances: Electronic' ap-
paratus includes: . '
(1) Accessories or aniimnas; or "
.;' .. ' -'
(2) Tapes, wires. records, discs or other media;
Jar use with,any electronic apparatus.
The exclusion of'propilrty described in 3.a,
and 3.b. above applies only while the prop-
,ertv, Is in or \lpon the vehicle or, conveyance.
We do,cover vehicles or conveyances not,subjecl
to molor vehicle registratiolJ which are:
a. Used to service an "insured's" residence; or
b; Designeil for assisting the handicapped;
4, Aircraft and parts, Aircraft means any contrivance
used or designed for flight, except model or
hobby aircrah not used or designed to carry
peOple or cargo;
6. Property 01 roomers. boarders and other tenants,
except property 01 roomers and boarders relaled
to an "'insured":
6, Property in an apartment regularly rented or held
lor rental to others by an "insured: except as
provided in Additional Coverages 10.;
7. Property rented or held for rental to others off the
"residence premises";
(,
HO 00 03 0491
8. "BUSiness" dOlO. including such data stored In: '
a. Books of account. drawings or other paper
rocords: or
b. Electronic data processing tapes, WIres, rc'
cords, discs or other soltware media;
However, we do cdiler the COSI 01 blank recording
or storage media, and of pre- racorded compuler
programs available on Ihe retail market; or
, ,... .
9. Credit cards or luhd transfer cards excepl as pro.
vlded in Additional Coverages 6.
COVERAGE 0 .. Loss'Of Use
The"limit olliabililV foi:Coverage 0 is the total limit
for all the coverages that /ollow:' '., '
" . '. '" "
1. If a loss covered under'this Section makes that
- .,. ,.
part of (he "resldence prenilses" where you reside
nOlli1 to live In, we cover, 'af your 'ch!li9~., eithor
01 the following, However, if Ihe' "residence
plem\ses" is not yo'ur pringipal place of r'esidence,
'We' will not provide the option, under, paragraph
b. below: ' ' .,.. ,I., .
. .' " ., . <; . "'." ,~
. a. Additional Living Expense:' meat(I!1'g any
, necessaiy increase in living expenses' 'incurred
by you so that your household can mainlain
.c;, "its normal standard 01 living; or " " '
b, Fair Rental Value. meaning the fair rental
lvalue 'of thaI part of the "residence premises"
where you reside less' any 'expenses that do
not conlinue while the premises ,is not iiI to
live in. - .' ' , .','
Payment under, a. or b., will be tor the shortest
lime required 10 repair or replace the damage or,
if you permanently relocale, Ihe shortest time re-
quired for your household to settlo elsewher~,
2. If a loss covered under this Section makes that
part 01 the ."residence premises" rented to others
or held for rental by you not iiI to Ii,ve in, we cover
the: .. Ii .
Fair Rental Value. meaning the' fair rental
, value 01 that part 01 the "residence premises"
rented to others or held lor rental by you less
any expenses that do not continue while the
premises is not fit to live in.
Payment will be for Ihe shortest time required to
repair or replace Ihat part of the premises rented
or held for renIal.,
3. If a civil authority prohibits you from use of Ihe
"residence premises" as a result of direcI damage
to neighboring premises by a Peril Insured
Against in this policy, we cover the Additional
Living Expense and Fair RenIal Value loss as
provided under 1. and 2. above for no more Ihan
twO weeks
HO 00 03 04 91
Copvrlght, Insurance Services Qlfice. Inc" 1990
Page 3 of 18
PlO 00 03 04 91
3. Trees. Shrubs and Other Plants, We cover
trees, shrubs. plants or lawns, on Ihe "residence
premises: for loss caused by the following Perils
Insured Against: Fire or lightning, Explosion, Riot
or' civil commotion. Aircraft. Vehicles not owned
or operated by a resident of ilie "residence prem-
Ises," Vandalism or malicious mischief or Theft.
. ., .,
We will pay up to 5% of the limit of liability that
applles'to the dwelling for 'all trees. 'shrubs. plants
or lawns. No more than S500 of this limit will be
available for anyone tree, shrub or, plant. We do
not cover property,.grown. for: "business" pur-
poses. , .
This coverage {s,addltional insurance.
4. Fire Department Service Charge. We will
pay up to $500'for your liability assumed by
contract or, agreement for fire department charges
incurred when the fire department Is called to
" ~ ' . .
save or protecl covered property from a Peril In-
sured Against We do not cove'r fire department
service charges if the property is located within
the limits of the city. municipality or protection
districI furnishing the fire department response.
This coverage cis., additional insurance.' No
deductible applies to this coverage,
5. Property Removed. We insure. covered prop.
, " ertyagainst direct loss from any, couse while be.
ing removed ,from a premises, endangered by 0
Peril Insured Againsl and, for no more than 30
days while removed. This .co~,erage does not
change the limit of liabililY that applies to the
property being removed. ,I i'
6. Credit Card, Fund Transfer Card. Forgel'y
and Counterfeit Money. .'
We will pay up to S500 for: ' ':
a, The lega'l oblig'aiion of an "insured" to pay
because of the theft or unauthorized use of
credit, cards issued to or, regislered in an
"ins,ured's~ name;
b. Loss resulting from thef! or ,unauthorized use
of a fund transfer card used for deposit, with-
drawal or transfer of funds, issued to or regis-
tared in an "insured's" name;
c. Loss to an "insured" caused by forgery or al-
teration of any check or negotiable instrument;
and
d. Loss to an "insured" through acceplance in
good faiIh of counterfeit United Slates or
Canadian paper currency,
The periods of lime under 1.. 2, and 3. above are not
limited by expiration of this p~lIcy,
We do not cover loss or expense due to cancellation
of a lease or agreement.
ADDITIONAL COVERAGES '
1. Debris Removal. We will pay your reasonable
expense for the removal of:, ,', I "
a. Debris of covereil propertylf'a Peril Insured
Agelnst that ,applies to the damaged property
causes the loss; or
b. Ash, dust or particles from 0 volcanic eruption
that has caused direct loss \0 a building or
property contalned)n ,11 bul!~!rig.
This expense is included In the limit of liability
Ihet. applies to the damaget!. property. If" the
amount, to be paid for the actual damage to' the
property plus the'debris removal expense is more
than ,the 'limit of liability for the damaged prop-
erty, an addftional 5% of that limit of liability is
available for debris renioval expense: , " .:
We will also. pay your' reasonable expense, ~p to
$500, fO:ithti',removaUrom the "residence prem-
ises" of:
a. Your tree(s) felled by, the peril of Windstorm
pr Hail; " d
b. 'Your tree(s) felled by the peril of Weight of
Ice. Snow or Sleet; or
c. A neighbor's tree(s) felled by a Peril Insured
Against under Coverage C;
provided tlie tree(s) damages a covered structure.
The S500 limit is the most we will pay in anyone
loss ~egardless of the nUrl)ber of fallen '\rees.
2. Reasonable Repairs, In the event Ihat covered
property is damaged by an eppllcable Peril In-
sured Against. we will-pay the reasonable cost
incurred by you for necessary measures taken
solely to protect against further damage. If the
measures (aken involve repair to, other damaged
property. we will pay for those measures only if
that property is covered under this policy and the
damage 10 that property is caused by an applica-
ble Peril Insured Against.
This coverage:
a. Does not increase the limit of Iiabilily thaI
applies to the covered property;
b. Does not relieve you of your duties, in case
of a loss to covered property, as set forth in
SECTION I - CONDITION 2.d.
Page 4 of 18
Copyright Insurance Services Qffice. Inc.. 1990
HO 00 03 04 91
We do not cover, use of a credil card or fund
transfer cerd:, . , '
a, By a resldenl'of your household;
b. Bya person who has been entrusted with el.
ther type of card; or
c. If an "Insured" hss not complied with alllerms
and conditions under which the cards are Is.
sued. .:,,'. -.
All loss resulting from a series of aClS committed
by anyone person, or In which anyone person Is
concern ad or Impllcaled. ,Is considered to be one
loss.
We do not cover loss arislng,out of "business"
use o'r dishonesty of an "Insured,""" J
This' coverage, Is addlti6'nal"lnsurance. No
deductible applies to this covTmige. '
Defense: .,:', ,':", ",",:
a. We msy Invas~igate a'ncCsenle 'any claim or
suit that we decide Is appropriate. Our duty to
,":, Clefend a clalni' 'or suit ends when'thiiamount
"we pay foriheloss 'equels our Iimll'of liability.
b. If a sufi I~brciugiit against an "insJr~d" for Ii.
, ability uridefthe Credit Card or Fund Transfer
Cerd coverage, we will provide e' defense at
, ''our expense'by counsel of our chalce,
c. We have t~e option to defend at our expense
an "insured"nor an' "insured's" bank' against
"any suit for the enforcement of payment under
the Forgery coverage. ,
7. Loss Assessment. We will pay up to $1000 for
your share of loss assessment charged during the
policy period_against you by a corporation or as.
sociatlon of property owners, when the assess.
ment is made as a result of direct loss 10 Ihe
property, owned by ell memberscollilclively,
'caused by a Peril Insured Against under COVER.
AGE A . DWELLING. oJher than earthquake or
land shock waves or tremors before, during or
after a volcanic. eruption. i.' ;
This coverage applies only to loss assessments
charged against you as owner or tenant of the
"residence premises,"
We do not cover loss assessments charged
againsl you or a corporation or association of
property owners by any governmental body.
The limit of $1000 is the mosl we will pay with
respect to anyone loss, regardless of the number
of assessments,
Condition 1. Policy Period, under SECTIONS I
AND II CONDITIONS. does nol apply 10 this
coverage,
I,
HO 00 03 04 91
8. CollapsD. We Insure for direct physicel loss to
covered property involving collapse of a building
or any part of a building csused only by one or
more of the following:
a, Perils Insured Against In COVERAGE C .
PERSONAL PROPERTY, These perils apply to
covered buildings and personal property for
loss Insured by (his addllloI1Q'-,c~verage;
b, Hidden decay;
"'.11.
c. Hidden insect,or vermin damage;
d. Weight of contents, equipment, animals or
people; ,
e, Weight of ,ain which collects on a;~of; or
., .-.
f. Use of defective material or methods in con.
struction, remodeling or renovation if the col.
lapse occ'ors during" ,the' course of Ihe
. construction. remodeling or renovalion.
,. .. ... '. -.:
Loss to an awning, fance. patio, pavement,
swimming pool, underground. pipe, f1u~. drain,
cesspool, sepllc tank. foundation, retaining wall,
bulkhead, pier, wharf or dock is nof incltilied un.
der items b.. c.. d.. e., 'and f. unless the loss is
a direct result of Ihe collapse of a building.
Collapse does not include settling. ,cracking,
shrinking, bulging or expansion. ,
This' coverage does noi increase' the limit of Ii.
ebility applying to the damaged covered property.
" ". . '
9. Glass or Safety Glazing Material.
We cover:
a. The breakage of glass or safety glazing male.
rial which is part of a covered building, Slorm
door or storm windo"1'; and
" , .
b, Damage to covered property by glass or safelY
glazing material which is part of a building.
storm door or storm ,window.
This coverage does 'ncitlnclude loss on the "resi.
',dence premises" if Ihe dwelling has been vacant
, for mora than 30 consecutive days immediately
before the loss. A dwelling being construcled is
not considered vacant.
Loss for damage to glass will be settled on the
basis of replacement with safety glazing materials
when required by ordinance or law.
This coverage does not increase the limit of Ii.
ability that applies to the damaged property.
HO 0003 04 91
Copyright. Insurance Services Qffice, Inc.. 1990
Page 5 of 18
Fto 00 03 04 91
10.Landlord's Furnishing.. We will pey up to
S2600 for your eppllances, carpeting and olher
household lurnlshlngs. In an apartment on the
.resldence premises. regularlv rented or held lor
rental 10 others by an .insured," ,lor loss caused
only by the lollowlng Perils Insured Against:
a. Fire or lightning.
b. Windstorm or hall,
This peril does not Include loss to the property
conlalned In a building caused by rain. snow,
sleel. sand or dust unless the direct lorce 01
wind or hall damages the building causing an
opening In a rool or wall and the rain, snow,
sleet, sand or dust enters through this open-
ing. '" . .::
, , ,
This perlllncludes loss to watercraft and their
trailers, furnishings. equipment. and outboard
engines or motors, only while Inside a fully
,'. enclosed building. ',"
'c. ~xploslon., ,
d., ~Iot or civil commotion.
e. Aircraft, including self-propelled missiles
end spacecraft.
f., Vehicles.' ,,' , " ,
g. Smoke, meaning " sudden and accidenlal
damage from smoke: . " .,...,
This peril does' not' include loss caused by
smoke from agriCUltural smudging or Industrial
operations,
h. Vandellsm or malicious mischief.
I, Failing objects;
This peril does not include loss to property
contained In a building unless the roo I or an
outside wall of the building is first damaged
by a falling object. Damage to the failing ob-
ject itself is not included.
J. Weight of Ice. anow or sleet which causes
damage to property contained in a building.
k, Accidental discharge or overflow of
water or steem from Wilhin a plumbing,
healing. air conditioning or automatic lire
protective sprinkler system or from wllhln a
household appliance.
This peril does not include loss:
(1) To the system or appliance Irom which the
water or steam escaped;
(2) Caused by or resulting from freezing ex-
cept as provided in Ihe peril of freezing
below; or . " .
(3) On the .rasidence premises. caused by
accidental discharge or overflow which
occurs all Ihe "residence premls,es."
In this peril, a'plumbing system does not In-
. clude a sump, sump pump or related equip-
menl. .
I. Sudden and, accidental tearing apart.
cracking, 'burnlng or bulging of a steam
,or hot waler,l1.ealing system, an air condition-
ing or autometic "fire protective sprinkler' sys-
tem, or an appliance for heating water., ,
We do not cover loss caused by or resulting
from freez,lng under this 'peril. .' "':. ,:
, " . t, ",. 1'-
m. Freezing of a plumbing" heating, air condi-
tion!f19 or automatic, flra;,proiectlve sprinkler
syst~m or of a household}l?pli~nce. ,
This peril does not Incluae loss on the .resl-
dence premises. while t~e' dwelling Is unoc-
cupi!ld, unless you !lavEl Jlslld reasonable care
to:
"r. .
(1) Maintain heat in the bujldlng; or
(2) Shut off the water supply and drain the
system and appliances of water.
n. Sudden and eccidental damage from ar-
tificially generated electrical current.
This peril does not Includ'e'loss to a tube.
tral1slstor or similar electronic component.
o. Volcanic eruption other: ilian loss caused
by,earthquake, land shock waves or tremors,
The $2500 limit is the 'most we 'will pay In any
one loss regardless of the number of appliances.
carpeting or other household furnishings involved
In the loss....,
SECTION I - PERILS INSURED AGAINST
COVERAGE A - DWELLING and COVERAGE B
- OTHER STRUCTURES
We Insure against risk of dlrecl loss 10 property de.
scribed In Coverages A and B only il thaI loss Is a
physical loss to properlY, We do not insu.e, however,
for loss:
1. Involving collapse. other Ihan as provided in Ad-
ditional Coverage 8.;
2. Caused by:
Page 6 of 18
Copyright. Insurance Services Qffice, Inc.. 1990
HO 00 03 04 91
"
<,
i'
)
l
J
I
!
~
i j
a. Freezing 01 a plumbing, heating, air condi.
tioning or automatic lire proteclive sprinkler
syslem or 01 a household appliance, or by
discharge, leakage or overflow Irom wilhln the
system or appliance caused by Ireezlng, This
exclusion applies only while the dwelling is
vacant, unoccupied or being constructed. un.
less you have used reasonable care to:
(11 M~lntaln heat in the building; or
, (2) Shut olf ttie water supply and drain Ihe
system and appliances 01 water;
b. Freezing. thawing, pressure or weight 01 water
or Ice. whether driven by wind or nOl, to a:
(1) Fence, pavement, pallo or swimming pool;
,(2) Foundalion, retaining wall. or bulkhead; or
(3) Pier, wharf or dock; ". ,
c. Theft in or to a' dwelling Ir~der 'consl~uclion,
or 01 materials and supplies lor use in the
, construction' until the dwelling is linished and
occupied; , , ,II. ' "
d. Vandalism "iind . malicious mischiel if the
dwelling has' been vacant lor more than 30
consecutive days immediately belore the loss.
A dwelling being consIructed is nol consid.
ered vacant; ; .." "
.....
e. Any 01 the .,f.ollowing:
(1) Wear and tear. marring. deterioration;
(2) Inherent .;,vice. lalenl delect, mechanical
breakdown;
(3) Smog, rust or olher corrosion, mold, wet
or dry rOI;
(4) Smoke Irom agricultural smudging or In-
dustrial ~perations; ,
(6) Discharge, dispersal. seepage, migration,
release or escape 01 pollutants unless the
discharge. dispersal, seepage, migralion,
release or escape is itsell caused by a Peril
Insured Against under Coverage C 01 this
policy.
PollutanIS means any solid, liquid, gaseous
or thermal irritan! or contaminan!, includ-
ing smoke, vapor. soot. lumes, acids,
alkalis, chemicals and waste. Waste in-
cludes materials to be recycled, recondi.
tioned or reclaimed;
(6) Sellling, shrinking. bulging or expansion,
including resulIant cracking, 01 pavements,
patios. loundations. walls, floors, rools or
ceilings;
(7) Birds, vermin, rodents. or insects; or
(8) Animals owned or kept by an "insured,"
(\
HO 00 03 04 91
If any of lhese cause waler damage not olh-
erwise excluded, from a plumbing, heating.
air conditioning or automatic lire protective
sprinkler system .or household, appliance, we
cover loss caused by the water including the
cost 01 tearing out and replacing any part 01
a building necessary to repair (he system or
appliance. We do not cover loss to the system
or appliance Irom which Ihis weter escaped.
3, Excluded under Section I - Exclusions.
Under items 1. and 2.. any ensuing loss to property
described in Coverages A and B not excluded or ex-
cepted in this policy is covered,
COVERAGE C .' PERSONAL PROPERTY,
We insure lor direct physical loss to' the property
described in Coverage C caused by a perillisled.be-
low unless Ihe loss is excluded in SECTION I . EX-
CLUSIONS. ','
1. Fire or Ilghtn'ing:
2. Windstorm or hail. " ".< '
This peril does not include loss to the property
conlained in a building caused by rain/snow.
sleet, sand or dust unless the direct force 01 wind
or hail damages the building causing an opening
in a rool or wall and the rain, snow, sleet, sand
or dust enters through this opening.
This peril includes loss to walercraft and their
Irailers, lurnishings. equipment, and outboard
engines or motors, only while inside a fully en-
closed building.
3. Explosion.
4, Riot or civil commotion.
6. Aircraft. including sell-propelled missiles and
spacecralt
6. Vehicles.
7. Smoke, meaning sudden and accidental damage
Irom smoke.
This peril does nOI include loss caused by smoke
Irom agricultural smudging or industrial oper-
ations.
8. Vandalism or malicious mischief.
9. Theft. including allempted theft and loss 01
properlY Irom a known place when il is likely that
the properlY has been stolen.
This peril does not include loss caused by thelt:
a. Commilled by an "insured";
b. In or to a dwelling under consIruction, or 01
materials and supplies lor use in the con-
struction until the dwelling is finished and
occupied; or
HO 00 03 04 91
Copyright Insurance Services QUice. Inc.. 1990
Page 7 of 18
(
HO'OO 03 04 91
c. From that part of a -' "residence premises"
rented by an "insured" ,to other than an "in-
sured."
This peril d.oos' not inclu~e loss caused by theft
that occ.ur~ off the "residepce premisl!s" of:
8. Property while at any other rtisidence owned
,by, rented to, or occupied by an "insured."
except while an "insured" is temporarily living
there, Property of a student who is an "in-
sured" 'Is covered while at a residence' away
from home if the studenl has been there at any
time during. the 45 days immediately before
Ihe loss;
b. Watercraft; arid their furnishings, 'equipmont
, and outboard engines or m!ltors; or
;' c: Trailers and campers, I "
10.Falllng objects'. ',' " f'"
This peril does not include losS to property, con-
tained in a building unless the roof at an oulside
wall of the building is first damaged by a falling
object. Damage to the falling object itself is not
included. .
11.Welght of ICEl, snow or sleet which causes
damage to property contained in a building.
12.Accldental discharge or overflow of water
or steam from within a plumbing. heating, air
conditioning or automatic fire prate clive sprinkler
system or from within a household appliance.'
. ..,
This perii'does not include loss:
a. To the system or appliance from which Ihe
waler or Sleam escaped;
b. Caused by or resulting from freezing except
as provided in the peril of freezing below; or
c. On Ihe "residence premises" caused by accl-
denIal discharge or overflow which occurs off
the ~residence premises:~,,;',;:: " , "
In this peril, a plumbing system does not include
a sump, sump pump or related equipment.
13.Sudden and accidental, tearing , apart,
cracking, burning or bulging of, a steam or
hot water heating 'system. an, a,ir conditioning or
automalic fire protective sprinkler system, or an
appliance for heating water.
We do not cover loss caused by or resulling from
freezing under this peril. .,
14.Freezlng of a plumbing, heating, air' condition.
ing or automalic fire prolecti'!e spril),k!er, ~ystem
or of a househo,ld appliance. ,'CO'" '
This peril d~es ~ot include loss Dn ihe '"residence
, ;., - "j".' . ,
premises" while the dwelling IS ' unoccupied, un.
less you have used reasonablecille JO: :.~
a. Maintain heat in tha buil~i.ng; or ..
,b. ' Shut off the water supplY and drain the system
and appliances of waler, 'H
15.Sudden and accidental 'damage from artl.
ficlally generated electrlca')current.
This peril does not include loss to a tube, tran.
sistor or similar electronic component.
16.Volcanlc eruption other than loss caused by
earthquake, land shock waves,or tremors.
SECTION I - EXCLUSIONS
1. We do not insure for loss caused directly or indi:
rectly by any of the following. Such loss is ex-
cluded regardless of any other cause or event
contributing concurrently or in any sequence to
the loss. '
a. Ordinance or Law, meaning enforcement
of any .ordinance or law regulating the con-
struction, repair, or demolition of a building
or other structure, unless specifically provided
under this policy,
b. Earth Movement, meaning earlhquake in-
cluding land shock waves or tremors before.
during or after a volcanic eruplion; landslide;
mine subsidence; mudflow; earth sinking, ris-
ing or shifting; unless direct loss by:
(1) Fire:
(2) Explosion: or
(3) Breakage of glass or safety glazing material
which is part of a building, storm door or
storm window; .
ensues and Ihen we will pay only for the en.
suing loss.
This exclusion does not apply to loss by theft.
c. Water Damage. meaning:
(1) Flood, surface water, waves. tidal water.
overflow of a body of waler, or spray from
any of the~e, whether or not driven by
wind;
(2) Water which backs up through sowors or
drains or which overflows from a sump; or
Page 8 of 18
COPYlIght. Insurance Services Qlfice. Inc.. 1990
HO 00 03 04 91
(
(3) Water below the surface of the ground,
Including water which exerts pressure on
or seeps or leaks through a building. side.
walk, driveway. foundation, swimming
pool or other structure,
Direct loss by fire. explosion or theft resulling
from water damage is covered.
d. Power Failure, meaning the failure of power
or olher utility service If the failure takes place
off the "residence premises," But. if a Peril
I,nsured Against ensues, on Ihe, "residence
premises: we will pay only for thaI ensuing
loss.
.e:', Neglect, meaning neglect of the "insured" to
use all reasonable mean!\ to save"and preserve
pro,perty at and aher the till)e of a loss.
f. War, Including the following and any conse.
quence of any of the following:
(f) , Undeclared 'war, civil war; I~surrection, reo
, bellion or revolution; .;,
(2) Warlike acf by a military force or military
;". personnel; ,or
(3) DeSlructlon, seizure or use for a mililary
purpose, ...
, ,.1 '.~ '
Discharge of. a nuclear weapon will be
,deemed a warlike act even if accidental.
g. Nuclear Hazard, to the extent set forth in Ihe
Nuclear Hazara Clause of SECTION I - CON-
DITIONS, "
HO 0003 04901
h. Intantional Loss, meaning any loss arising
out of any aCI committed:
(1) By or at the direction of an "insured"; and
(2) With the inlenlto cause a loss,
2. We do not Insure for loss 10 property described
in Coverages A and B caused by any of the fol-
lowing, However,' 'any ensuing loss to property
described In Coverages A and B not excluded or
exceptad In this poJicy is covered.
a. Weather conditions. However. this exclu-
sion only applies If wealher conditions con-
trlbule In,..any way with a cause or event
excluded 'iti' paragraph 1. above' 10 produce
the loss; . ' ..'
b. Acts or do'clsions,: Including' Ihe failure to
act or decide, of any person, group. organiza.
tion or governmental body;
. .' "
c. Faulty;' ina'dequate ,or defective:
(1) ;i\~~gtg" z~.ning, develoP~~~:. surveying,
(2) Design.. specifications. workmanship. reo
pair, cons\ruction, renovation, remodeling.
grading, compaclion;
(3) Malerials used in repair. construclion. ren.
ovation or remodeling; or
(4) Mainlenance;
of part or all of any property whether on or
o,ff the "residence premises."
'.
SECTION I - CONDITIONS
1. Insurable 'Interest and Limit of Liability.
Even If more than one person has an insurable
Interest in the property covered, we will not be
liable in anyone loss:
a" To the "insured" for more than the amount of
the "Insured's" interest 'at the time of loss; or
, . ..
b. For more Ihan Ihe applicable-limit of liability,
2. Your Duties After Loss, In case of a loss to
covered property, you musl see that Ihe following
are done:
a. Give prompl nOlice to us or our agenI;
b. Notify Ihe police in case of loss by theft;
c. Notify the credil card or fund \ransfer card
company in case of loss under Credit Card or
Fund Transfer Card coverage;
d. Protect Ihe property from further damage. If
repairs to the property are required, you must:
(1) Make reasonable and necessary repairs to
protect the property; and
(2) Keep .an accurale record of reDair ex-
penses;
e, Prepare an Inventory of damaged personal
property showing the quanlity, descriplion,
actual cash value and amount of loss. Attach
all bills, receipls and related documenIS that
justify Ihe figures In Ihe inventor{;
f. As ohen as we reasonably require:
(1) Show the damaged property;
(2) Provide us wilh records and documenls
we request and permit us to make copies;
and
(3) Submil to examination under oalh, while
not in Ihe presence of any other "insured:
and sign Ihe same;
HO 00 03 04 91
Copyright, Insurance Services Qffice, Inc.. 1990
Page 9 of 18
(
HO 00 03 04 91
g. Send to us, within 60 days after our request,
your signed, sworn proof of loss which selS
forth. to Ihe best of YQur knowledge and be-
lief: ' "
(1) The time and cause pf loss; ,
'I, . I. '.' .
(2) ,Tha iptarast of tha "Insured" and all others
""" f" tha proparty Involvad and all lians on the
',.~ . ,prop.erty; ~ ,1~1.1'.; "
(3) Olher insuranca which may covar tha loss;
, (4) Changes in title or 'occupancY' of the
property during tha tarm of the p'olicy;
(6) Spacifiqations of, damaged"buildings and
delailed repair estimates; , , , ",
, . .,(6), The inventory of 2damagbod personal prop-
erty desc~ibed.in .e. a Qva;', '
.,'"', ,"1\. '"'
(7) Recaipts for, additional living expenses in:
curred and records tha,t support the fair
rantal value loss; and '. .. ' ", '
, (S) Evidiihce or affldavilthat supports a claim
under the Credit Card, Fund Transfer Card,
Forgery and Counterfeit Mona,r coverage,
stating the amount and cause of loss.
3. Loss Settlement. Covered property lossas ara
sattled as follows: '
e. Property of the foilowing types:
(1) Personal proparty;
(2) Awnings. carpeting, household appliances,
outdoor antennas and outdoor equipment,
whethar or not attached 10 buildings; and
(3) Structures that are not buildings;
at a'ctual cash value at the tima of loss but not
more than the amount required to repair or
raplace,
b. Buildings under Coveraga A or B at replace-
mant cost without deduction for dapreciation,
" subject to the following:
(1) If. at the time of loss, Iha amount of insur-
ance in Ihis policy on the damaged build-
ing is 80% or more of Ihe full replacement
COSI of Ihe building immadiately bafore the
loss, we will pay the cost 10 repair or re-
place. after application of deductible and
without deduction for dapreciation. bUI
not more Ihan Ihe leasl of the following
amounts:
(a) The limit of liability under this policy
that applies to the building;
(b) The replacement COSI of that part of the
building damaged for like construclion
and use on the same premises: or
(
(e) The necessary amounl actually spent 10
repair or replace the damaged buildtnO,
(2) If, althe tima of loss, the amount of insur.
ance in this policy on the demaged build.
ing is less than 80% of the full replacamant
cost of the building'lmmedlately befora Ihe
loss, wi! iNill'pay the greeter of the follow,
ing amounls, but not more then the limit
of liability under this policy that applies to
tha building:'
(a) The aClUal cash value of that parI of the
" building damaged; or
(b) That proportion of the cost 10 repair or
replace.I'81ter application of daductible
and without deduction for depreciation,
that .'pait of the' building damaged,
which;the, total amounl of Insurance In
this, policy on the damaged, building
bears to 80% of lhe replacemenl cost
o(the building. c ' ~,
(3) To determine the amount of insurance re.
'quired to equal 80% of the full replacement
cost of Ihe building immediately before the
loss, do not Include Ihe value of:
(a) Excavations, foundations, piers or any
, supporls which are below the under.
, , surface of the lowest basament floor;
(b)' Those supports in (a) above which are
below the surface of the ground Inside
the foundation walls, If there is no
, basement; and
. (e): Underground fluas, pipes, wiring and
drains.
(4) We will pay no 1'(10re Ihan lhe actual cash
valuaof Iha damaga until actual rapalr or
raplacement Is complete. Onca actual reo
pair or replacement is eomplele, wa will
sellie the loss according to Ihe prOVisions
'of b.(1) and b.(2) above,
H'owever, if the coslto repair or replace Ihe
damage is both:
(af Less than 6% of Iha amount of Insur.
once in 'this policy on the building: and
(b) Less than $2600;
we will senle the loss accord in', to the
provisions of b,(1) and b.(2) above
whather or not .clual repair or replacemant
is completa,
Page 10 of 18
COPYright. Insurance Servlcas Qffice, Inc" 1990
HO 00 03 04 91
I, "
(6) You may disregard the replacement cost
loss sattlemenl provisions and make claim
undar this policy for loss or damage to
buildings' on an aClUal cash value basis.
You may then make claim within 180 days
after loss for any additional liability ac-
cording to Ihe provisions of this Condilion
3. Loss. Settlement.
4. Loss to a Pair or Set. In case of loss to a pair
or set We may elect ~o: '
a. Rep'air or ;eplace any part to reslore the pair
or set to its valu'e befo're the loss; or '
b. Pay the difference between actual cash value
.' of the property before and'ilfter the loss. , '
6. GlaBs Replacement. Loss for damage to glass
caused by a Peril Insured Against will be sellled
on the basis of replacement. with safety glazing
materials when required by ordi~.anca. \lr ,law.
6. Appraisal. If ,you, and .we_Jail to agree, on ,the
amount of loss. either may demand an appraisal
, of the loss. In this IlYent, each party will choose
a competent appraiser within 20 days i1fter re-
ceiving a written request from the other. The two'
appraisers will choose an umpire. If they cannot
agree upon an, umpire within 15 days, you or we
may request that.the choice be made by a judge
of a court of record in the inate where the "resi-
dence premises. is 10ealed. The appraisers will
separately set the amount of loss. If the appraisers
submit a written report of an agreement to us, the
amount agreed upon will be the amount of loss.
. If they fail to agree, they will submit their differ-
ences to the umpire. A decision agreed to by any
two will sel the amount of loss. '
Each party will:
a, Pay its own appraiser; and
b. Bear the olher expenses of Ihe appraisal and
umpire equally.
7. Other Insl>rance. If a loss covered by this policy
is also covered by other insurance. we will pay
only the proportion of the loss thaI the limit oi
liabilily that applies under Ihis policy bears to the
total amounl of insurance covering Ihe loss.
8. Suit Against Us. No action can be brought
unless Ihe policy provisions have been complied
with and the action is started within one year af-
ter the date of loss.
9. Our Option. If we give you wrinen notice within
30 days after we receive your signed, sworn proof
of loss, we may repair or replace any part of the
damaged property with like property.
HO 0003 04 91
10.Loss Payment. We will adjust all losses wilh
you, We will pay you unlass some olher person
is named in the policy or is legally 'enlitled to reo
ceive payment. Loss will be payable 60 days after
we receive your proof of loss and:
a, Reach an agreemenl with you;
b. There is an entry of a final judgment: or
c. Ther~ is a filing of an appraisal award ,^!ilh us.
11.Abandonment of Property. We need not ac-
cept any property abandoned by an "insured."
12.Mortgege Cleuse.
The word "mortgagee" includes truslee:
; . ..
If a mortgagee is named in this policy. any loss
payable under Coverage A or B will be paid to the
mortgagee and you, as interests appear. If more
Ihan one mortgagee is named, the order of pay-
ment will be the same as the order of precedence
of the mo.rtgages.
If we deny your claim. that denial will not apply
to a valid claim" of the mortgagee;' if the
mortgagee:
a. Notifies us of any change in 'ownership, oc-
cupancy or substantial change in risk of which
Ihe mortgagee is aware; .'
b. Pays any premium due under this policy on
demand if you have neglected to 'pay .the pre-
mium; and' '..
c. Submits a signed. sworn statement of loss
within 60 days after receiving notice froni us
of your failure 10 do so, Policy conditions re-
lating to Appraisal, Suit Againsl Us and Loss
Payment apply to the mortgagee.
If we decide to cancel or not to renew this policy,
the mortgagee will be notified at least 10 days
before the dale cancellation or nonrenewal takes
effecl. .
If we pay th'e mortgagee for any loss and deny
payment to you:
a.' We are subrogated to all the rights of Ihe
mortgagee granted under Ihe mortgage on the
property; or
b. At our option, we may pay to the mortgagee
the whole principal on the mortgage plus any
accrued interest. In this evenl, we will receive
a full assignment and transfer of the mortgage
and all securilies held as collateral 10 the
mortgage debt.
Subrogation will nol impair the right of the
mortgagee to recover Ihe full amount of the
mortgagee's claim.
HO 00030491
Copyright. Insurance Services Qffice, Inc.. 1990
Page 11 of 18
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HO 00 03 04 91
13.No Benefit to Bailee. We ~ill not,recognize
any assignment or grant any covorage that bene-
fits a person or organization holding, storing or
moving property'for a fee 'iegardless of any other
provision of this policy, '
14.Nuclear Hazard Clause.,
, ,
a. "Nuclear, Hazard" means any nuclear reaction.
radiation, or radioacllve contamination, all
whether controlled or uncontrolled or how-
ever caused, or any consequence of any of
these. "
b. Loss caused by the nuclear hazard will not be
considered loss caused by fire. ,explosion, or
smoke, whether these perils are specifically
named in or otherwise included within Ihe
Perils Insured Against in Section I. "
" " , '. ,. ;, 'J ",(
(
c. This policy does not apply under Section I to
loss caused directly or indirectly by nuclear
hazard, except thaI direCI I!,ss by fire resulling
from the nuclear hazard is covered.
15.Recovared Property, If you or we recover any
property for which we have made payment under
this policy. you or we will nOlily the olher of the
recovery. AI your option. the property will be re-
turned 10 or retained by you or it will become our,
property. If Ihe recovered property is roiurned to
or r~talned by you. Ihe loss payment will be ad-
justed based on the amount you receiveil for the
recovered property.
16.Volcanic Eruption Period. One or' more
volcanic eruplion's that occur with!'n a' 72-hour
period will be considered as ono volcanic'
eruplion. '
. ,.1, ,
SECTION II - LIABILITY COVERAGES
'..' )'" If
COVERAGE.E - Perso'rial tfab\lIty, .,;:, ' ,
If a claim is made or a suit is brought' against an
"insured" for damages because of "bodily injury" or
"property damage", caused by an ",occurrence" to
which this coverage applies, we will: " ,
I. ,',.,
1. Pay up 10 our limit of liabililY for the damages for
which the "Insured~ is legaliyliable. Damages
include prejudgment Interest awarded against the
"insured"; and I
~. Provide a defense at 'our expense by counsel of
our choice. even if the suil is groundless, false or
fraudulent. We may investigale and settle any
claim 'or suit Ihat we decide is appropriale, Our
duly to settle or defend' ends when the amount
we pay for damages resulting from the "occur-
rence" equals our limit of liability. "
COVERAG'E F .. Medical Payments To Others
We wili pay the necessary medical expenses thaI are
incurred or medically ascertained within three years
from Ihe date of an accident causing "bodily injury."
Medical expenses means reasonable charges for
medical, surgical, x-ray, dental. ambulance, hospilal.
professional nursing, prosthetic devices and funeral
services. This coverage does not apply 10 you or
regular residents of your household except "resi-
dence employees." As to others, Ihis coverage ap-
plies only:
., ',"
"",',
'. ,
1. To a person 'on the "insured localion" with the
permission ,of ~n "insured"; or"
2. To a person' off the "insured localion: if the
"bodily injury":
a. Arises o'ut of a condition on the "insured 10-
calion" ,or the v{ays i",!me~!alely ~~jo,lning;
b. Is caused by the activities of an "insured";
c, Is caused by a "residence employee" in the
course of the "residence employee's" employ-
ment by' an "insured"; or
d. Is caused by an animal owned by or, in the
care of an "insured."
SECTION II .. EXCLUSIONS
1. Coverage E - Personal Liability and Cover-
age F - Medical Payments to Others do not
apply to "bodily injury" or "property damage":
a. Which is expecled or intended by the "in-
sured":
b. Arising out of or in conneclion with a "busi-
ness" engaged in by an "insured," This exclu-
sion applies but is not limited to an act or
omission, regardless of ils nature or circum-
stance. involving a service or duty rendered.
promised. owed, or implied 10 be provided
because of the nalure of the "business";
Copyright. Insurance Services Qlfice, Inc.. 1990 HO 00 03 04 91
Page 12 of 18
e. Arising out of the rental or holding for rental
of any part of any premises by an "insured,"
This exclusion does not apply to the rental or
holding for rental of an "insured location";
(1) On an occasional basis if used only as a
residence;
(2) In part ,for use only as a residence. unless
a single family unit is intended for use by
the occupying family to lodge more than
two roomers or boarders; or .
(3) In part. as an office. school. studio or pri-
vate garage;
d. Arising out of the rendering of or failure to
render professional services;
e. Arising out of a premises:
(1) Owned by an "insured";
(2) Rented to an "insured"; or
(3) Rented to others by an "Insured";
that is not ari '''insured locatfon";
f. Arising out of:
(1) The ownership. maintenance. use. ioading
or unloading of motor vehicles or all other
motorized land conveyances. including
trailers. owned or operated by or rented or
loaned to:'an "insured"; ,
(2) The entrustment by an "insured" of a motor
vehicle or any other motorized land
conveyance to any person: or
(3) Vicarious liability. whether or not
statutorily imposed. for the actions of a
child or,-minor using a conveyance ex-
cluded in paragraph (1) or (2) above,
This exclusion does not apply to;
(1) A trailer not towed by or carried on a mo-
torized land conveyance,
(2) A motorized land conveyance designed for
recreational use off public roads. not sub-
ject to motor vehicle registration and:
(a) Not owned by an "insured": or
(b) Owned by an "insured" and on an "in-
sured location":
(3) A motorized golf cart when used to play
, golf on a golf course:
(4) A vehicle or conveyance not subject to
motor vehicle registration which is:
(a) Used to service an "insured's" resi-
dence;
(b) Designed for assisting the hand-
icapped; or
(c) In dead storage on an "insured 10-
callon";
HO 00 03 04 91
g. Arising out 01:
(1) The ownership. mamtenance. use. loadmg
or unloading of an excluded watercraft
described below;
(2) The entrustment by an "insured" of an ex-
cluded watercraft described below to any
person; or ,-
(3) Vicarious liability: whether or not
statutorily 'fmJiosed, for the actions of a
child or' minor using an excluded
watercraft described below.
Excluded watercraft are those that are princi-
pally designed to be propelhid by engine
power or electric motor, or are sailing vessels.
whether owned by or rented to an "insured."
This exclusion does not apply to watercraft:
(1) That are not sailing vessels and are pow-
, ered by: I" ,; ,;
(a) Inboard or'inboard-outdrive engine or
motor power of 50 horsepower' or less
not owned by an "insured";
(b) Inboard or inboard-outdrive engine or
motor power of more than 50 horse-
power not owned by or rented to an
"insured";
, ;
(e) One or more outboard engines or mo-
tors 'with 25 total horsepower or'less;
(d) One or more oujboard engines pr mo-
tors with more'. than 25 total horse-
power if the outboard engine or motor
is not owned by an "insured"; :
(e) Outboard engine~ or motor;"of more
than 25 total horsepower owned by an
"insured" if: .
(I) You acquire them prior to the policy
period: and
(a) You declar,e' them at policy in-
ception; or
(b) Your intention to insure is re-
ported to us in writing within 45
days after you acquire the out-
board engines or motors.
(ii) You acquire them during the policy
period,
This coverage applies for the policy
period,
(2) That are sailing vessels. with or without
auxiliary power:
(a) Less than 26 feet in overall length:
(b) 26 feet or more in overall length. not
owned by or rented to an "insured,"
HO 00 03 04 91
Copyright. Insurance Services Qfflce. Inc.. 1990
Page 13 of 18
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H'O 00 03 04 91
(3) That are stored;
h. Arising out of:
(1) The ownership, maintenance. use. loading
or unloading of an aircraft;
(2) The enirustmeill by an "Insured" of an air-
craft to any person; or '
(3) Vicarious liability. whether, or not
statutorily Imposed. for the act[ons of a
child or minor using an aircraft. .
An aircraft means any contrivance used or
designed for flight. except model or hobby
aircraft no\ u's~,d or designed t~ .carry people
,or cargo; . .'
I. .Caused directly or Indirectly' by war, including
the following and any consequence of -any of
, the following: ,
(1) Und~clared war, civil war: Insurrection, re-
, .. be!lIon or, revolution;.
(2') ,Warlike act by a military force or military
personnel; or .
(3) Destruction, seizure or use for a military
, purpose. I :.
'Discharge of a nuclear weapon will be
deemed a warlike act even if accidental:
J Which arises out of the transmission of a
. 'communicable disease by an "Insured";
k. Arising ,out of sexual molestation, corporal
punishrrient,or physical. or mental abuse; or
I. Arising' out of the, use. sale.,manufacture. de-
livery. transfer or possession by any person of
a Controlled Substance(s) as defined by the
Federal Food and Drug Law at 21 U.S.C.A.
Sections 811 and 812. Controlled Substances
include but are not limited to cocaine, LSD,
marijuana and all narcotic drugs. Ho~ever,
this exclusion does not apply to the legitimate
use of prescription drugs by a person follow.
Ing the orders of a licensed physician.
Exclusions e.. f.. g., and h. do not apply to
"bodily injury" to a "residence employee" arising
out of and in the course of the "residence em-
ployee's" employment by an "insured."
2. Coverage E - Personal Liability, does not
apply to:
a. Liability:
(1) For any loss assessment charged against
you as a member of an association, cor-
poration or community oi property owners:
(2) Under any contract or agreement. How-
ever. this exclusion does not apply 10
wrinen contracts:
(
(a) That directly relate to the ownership.
maintenance or use of an "Insured 10'
cation"; or '
(b) Whera the lIubllity of others is assumed
by the "Insured" prior to an "occur.
rence";
unless excluded In (1) above or elsewhere
In this policy;
b. ~Pr~per'ty damage" to property owned by the
"Insured"; . .
. I "
e. "Property damage" to property rented to, ,,~c-
cupled or used by or in the care of tl)e In-
sured" This exclusion does not apply to
"prop~rty damage" caused by 'fire, smoke or
explosion: ~
d. "Bodily injury" to any person eligible to re-
ceive any benefits:
(1) Voluntarily provided; or '.
(2) Required to be provided; .
by the "insured" under any,.,
(1) 'tforkers' compensation,law;,
(2) Non-occupational disability law; or
'(3) Occupational disease law; .
'e.~'B6crily injury" or "property damage" for
which an "insured" under thi~, policy: ,
ii) Is ,also a~ in~ured under a nuclear energy
liability policy; or.
(2) Would be an I~sured !-lnd.er .that pol!~y but
, . for the exhaUSllon of Its limit of liability.
A nuclear energy liability policy is one issued
by:
(1) American Nuclear Insurers:
(2) Mutual Atomic Energy Liability Under-
writers;
(3) Nuclear Insurance Association of Canada;
or any of their successors; or
f. "80dily injury" to you or an "insured" within
the meaning of part a. or b. of "insured" as
defined.
3, Coverage F - Medical Payments to Others,
does not apply to "bodily injury": ' .;
a. To a "residence employee" if the "bodily in-
jury":
(1) Occurs off the "insured location"; and
(2) Does not arise out of or in the course of the
"residence employee's" employment by an
"insured";
Page 14 of 18
Copyright. Insurance Services Qffice. Inc.. 1990
HO 00030491
b. To any person eligible to receive benefits:
(1) Voluntarily provided; or
(2) Required to be provided;
under any:
(1) Workers' compensation law;
(2) No.n:occupational disability lew; or
(3) Occupational disease law;
e. From any,:
(1) Nuclear reaction;
HO 00 03 04 91
(2) Nuclear radiation; or
(3) Radioactive contamination;
all whether controlled cr uncontrolled or
however caused; or
(4) Any consequence of any of these; or
d. To. any person. other than a "residence em-
ployee" of an "Insured: regularly residing on
any part of the "insured location.,"
SECTION II ~ ~DDITIONAL COVERAGES
-,
We cover the following in addition to the limits of
liability: ,
1. Claim Expenses. We pay: I
8. Expenses we incur and costs taxed egainst an
"insured" in a~y suit ~e .c;fefend;
b. Premiums on bonds required in a suit we de-
fend, but riot 'for bond amounts more than the
limit of Iiabflity for Coverage E. We need not
apply ,for 0,; furnish any bond;
c. Reasoneble expenses incurred by an "insured"
at our ,req4est, including actuel loss of
earnings (but not loss of other income) up to
$50 per day. for assisting us in the invest i-
'gatioii or defense of a claim or suit; and '
d. Interest on ,the entire judgment which accrues
after entry of the judgment and before we pay
or tender, or deposit in court that part of the
judgment which does not exceed the limit of
liability that' applies. .
2. Firat Aid Expenses. We will pay expenses for
firsi aid to others incurred by an "insured" for
"bodily injury" covered under this policy. We will
not'pay for first aid to you or any other "insured."
3. Damage to. Property of Others. We will pay,
at replacement cost. up to $500 per "occurrence"
for "property damage" to property of others
caused by an "insured."
We will not pay for "property damage";
a. To the extent of any amount recoverable un-
- der Section I of this policy;
b. Caused intentionally by an "insured" who is
13 years of age or older;
c. To property owned by an "insured";
d. To property owned by or rented to a tenant
of an "insured" or a resident in your house-
hold: or
H 0 00 03 04 91
:.~, .
e. Arising out of:
" -
(1) A "business" engaged in by an "insured";
(2) Any ect or omission in connection with a
premises owned, rented or controlled by
an "insured: other than the "insured lo-
cation"; or
(3) The ownership, maintenance. or iise' of
aircraft, watercraft or motor vehicles or all
other motorized land conveyances.
This exclusion does not apply to a motor-
ized land conveyance designed" for recre-
ational use off public roads, not subject to
motor vehicle registration and not owned
by an "insured." ...
4. Loss Assesament. We will pay up to $1000 for
your share of loss assessment charged during the
policy period against you by a corporation or as-
sociation of property owners, when the assess-
ment is made as a result of:
a. "Bodily injury" or "property damage" not ex-
cluded under Section II of this policy; or
b. Liability for an act of a director. officer or
trustee in the cepacity as a director. officer or
trustee. provided:
(1) The director, officer or trustee is elected
by the members of a corporation or asso-
ciation of property owners; and
(2) The director, officer or trustee serves with-
out deriving any income from the exercise
of duties which are solely on behalf of a
corporation or association of property
owners.
This coverage applies only to loss assessments
charged against you as owner or tenant of the
"residence premises."
Copyright, Insurance Services Qlfice. Inc.. 1990
Page 15 af 18
(
HO 00 03 04 91
We do not cover loss assessments charged
against you or a corporation or association of
property owners by any governmental body,
,
Regardless of the number of assessments. the
limit of $1000 is the most wa will pay for loss
arising out of:
8. One accident, Including continuous or re-
peated eMposure to 'substantlelly the same
general harmful condition; or ,.'
b. A covered act of a director, officer or trustee,
An act involving more than one director, offi.
cer or trustee IS considered to be a single act.
The following do not apply to this coverage:
1. Section II . Coverage E . Personal Liability
Exclusion 2.a.(1);
2. Condition 1. Policy Period, under SECTIONS
I AND II - CONDITIONS.
SECTION II - CONDITIONS
1. Limit of Liability. Our total liability under Cov-
'erage E for 'all damages resulting from anyone
"occurrence" will not be more than the limit of
liability for Coverage E as shown in the Declara-
tions. This limit is the same regardless of the
number of '.!i"sur~C:s" claims made or persons
injured. All "bodily injury", and "properlY damage"
'resulting' from anyone accident or from contin-
uous or repeated exposure to substantially the
same general harmful conditions shall be consid-
ered to be the result'of one "occurrence."
- .
Our total liability under Coverage F for all medical
expense payable for ~bodily injury" to one person
as the result of one accident will not be more than
the limit of liability .for Coverage'F.as.shown in
, .the Declarations. ,'"
2. Severability of Insurance. This insurance ap.
plies separately to each "Insured." This condition
will not increase our limit of liability for anyone
"occurrence," .
3. Duties After Loss. In case of an accident or
"occurrence." the "Insured" will perform the fol-
lowing duties that apply. You will help us by
seeing that these duties are performed:
a. Give written notice to us or our agent as soon
as Is practical. which.sets forth:
(1) The identity of the policy and "insured";
(2) Reasonably available information 011 the
time, place and' circumstances of the acci-
dent or "occurrence"; and
(3) Names and addresses of any claimants and
witnesses:
b. Promptly forward to us every notice, demand,
summons or other process relating to the ac-
cident or "occurrence";
e. At our request. help us:
(1) To meke-set~i!l1:;ent:
. (2) To enforce any right of contribution or
indemnity against any pelson or organiza-
tion who may be liable to en "insured";
(3) With the conduct of suits and attend
hearings a'nd trials; and
(4)' To secure and give evidence and obtain
, ' the attendance of witnesses;
d. Under the cOverage - Darillige to Property of
Others - submit to us within 60 days after the
, loss, a sworn statement of loss and show the
damaged property, if in the "insured's" con-
trol; . - '.'
e'" The "insured" will ,nbt;' exce'pt at the
"insured's" own cost. 'voluntarily make pay-
ment, assume obligation or incur expense
other than for first aid to otllers at the time of
the "bodily injury." .
4. Duties of an Injured Person - Coverage F -
Medieal Payments to Others. .
The injured person or someone, acting for the in-
jured person will:
a. Give us written proof of claim. under oath if
required. as soon as is practical; and
b. Authorize us to obtain copies of medical re-
ports and records,
The injured person will submit to a physical exam
by a doctor of our choice when and as often as
we reasonably require.
5. Payment of Claim - Coverage F - Medical
Payments to Others. Payment under this
coverage is not an admission of liability by an
"insured" or us.
Page 16 of 18
Copyright. Insurance Services Qffice. Inc.. 1990
HO 00030491
6. Suit Against Ua. No action can be brought
against us unless there has been compliance with
the policy provisions.
No one will have the right to join us as a party to
any action against an "insured." Also, no action
with respect, to Coverage E can be brought
against us until/lhe obligation of the "insured"
has been:diltermlned by final judgment or agree-
ment signed by us. '.
HO 00 03 0461
7. Bankruptey of 'an Ineured; 8ankruptcy dl
insolvency of an "Insured" will not relieve us of
our obligations under this policy.
8. Other Insurenee' '. Covorage' E . Porsonal
Liability. This ins'orance is' excess over other
valid and collectible insurance except insurance
written speCifically to cover as excess over the
limits of liability that apply in this policy. '
SECTIONS I AND II - CONDITIONS
1. Polley Period. This policy applies only to loss
in Section I or "bodily injury" or "property dam-
age" in Section II, which occurs during the policy
period.
2. Coneealment or Fraud. The entire policy will
be void if, whether before or after a loss. an "in-
sured" has:
a. Intentionally concealed or misrepresented any
material fact or circumstance:
b. Engaged in fraudulent conduct; or
e. Made false statements;
relating to this insurance.
3. Liberalization Clause. If we make a change
which broadens coverage under th'is edition of
our policy without additional premium charge.
that change will automatically apply to your in-
surance as of the date we implement the change
in your state. provided that this implementation
date falls within 60 days prior to or during the
policy period stated in the Declarations.
This Liberalization Clause does not apply to
changes implemented through introduction of a
subsequent edition of our policy.
4. Waiver or Change of Polley Provisions.
A waiver or change of a provision of this policy
must be in writing by us to be valid. Our request
for an appraisal or examination will not waive any
of our rights,
5. Cancellation.
a. You may cancel this policy at any time by reo
turning it to us or by letting us know in writing
of the date cancellation is to take effect.
b. We may cancel this policy only for the reasons
stated belo\\ by letting you know in writing
of the date cancellation takes effect. This
cancellation notice may be delivered to you.
or mailed to you at your mailing address
shown in the Declarations,
Proof of mailing Will be sufficient proof of
notice.
HO 00 03 04 91
(1) When you have not paid the premium, we
may cencel at any time by' lenlng you
know at least 10 days before the date
cancellation takes effect.
(2) When this policy has been in effect for less
than 60 days and is not a renewal with us.
we may cancel for any reason by letting
you know at least 10 days before the date
cancellation takes effect.
(3) When this policy has been in effect for 60
days or more, or at any time if it is a re-
newal with us, we may cancel:
(a) If there has been a material misrepre-
sentation of fact which if known to us
would have caused us not to issue the
policy; or
(b) If the risk has changed sub3tantially
since the policy was issued.
This can be done by lening you know at
least 30 days before the date cancellation
takes effect.
(4) When this policy is wrinen for a period of
more than one year, we may cancel for any
reason at anniversary by lening you know
at least 30 days before the date cancella-
tion takes effect.
c. When this policy is cancelled, the premium for
the period from the date of cancellation to the
expiration date will be refunded pro rata.
d. If the return premium is not refunded with the
notice of cancellation or when this policy is
returned to us. we will refund it within a rea.
sonable time alter the date cancellation takes
effect.
6. Nonrenewal. We may elect not to renew this
policy, We may do so by delivering to you. or
mailing to you at your mailing address shown in
the Declarations. written notice at least 30 days
before the expiration dale of this policy, Proof of
mailing will be sufficient proof of notice,
7. Assignment. Assignment of this policy will not
be valId unless we gIve our written consent,
Copynght. Insurance Services Qffice, Inc.. 1990
Page 17 of 18
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AL 00010993
.
MUTUAL BENEFIT INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAq IT CAREFULLY.
EXCLUSION - LEAD CONTAMINATION
This endorsement modifies coverage found under the following coverage parts:
BUSINESSOWNERS LIABILITY COVERAGE
ARTISAN CONTRACTORS LIABILITY COVERAGE
COMMERCIAL GENERAL LIABILITY COVERAGE
COMMERCIAL UMBRELLA LIABILITY COVERAGE
DWELLING PERSONAL LIABILITY COVERAGE
HOMEOWNERS LIABILITY COVERAGE
COMPREHENSIVE PERSONAL LIABILITY COVERAGE
PERSONAL UMBRELLA LIABILITY COVERAGE
This endorsement modifies the above coverage parts to exclude occurrences at the insured
premises which result in:
a. "Bodily Injury" arising out of the Ingestion, inhalation or absorption of lead In
any form;
b. "Property Damage" arising from any form of lead;
c. "Personal Injury" arising from any form of lead;
d. "Advertising Injury" arising from any form of lead;
e. "Medical Payments" arising from any form of lead;
f. Any loss, cost or expense arising out of any request, demand or order that
any insured or others test for, monitor, clean up, remove, contain, treat, de-
toxify or neutralize, or In any way respond to, or assess the effects of lead; or
g. Any loss, cost or expense arising out of any claim or suit by or on behalf of a
governmental authority for damages because of testing for, monitoring,
cleaning up, removing, containing, treating, detoxifying or neutralizing, or in
any way responding to, or assessing the effects of lead.
AL 00010993
I
I
1
, .
, .
j
j I
'1
.] J
~I I
.,
:!
(
(
HOMEOWNERS
H 0 01 37 04 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
,..11,'.",':'11 ,.,..... "'1"': ;,)' ".':'" .',I;'/n~ ~I'I'J"",' " ".'IT~--'=I->
. .. .,~, l,. I.' .' '. . '''u .. ",;' "" 't"~' ... ""l '-. '.101'"
" ,..:I~:..., -' ,,~';,~d'~SPECiAL:PROVISIONS ~;'Pi!IIINs'YLVANr.4' ,'.. iJ, ';:Jl!~";l, .r,nl5tl
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SECTION I - PROPERTY COVER~~'ES") "," ", 111' !(2i 'i,i.e'iYe~b~'~~c~~~;e~~1~18.~~d~.i:Y'b!la.~I;,t
o19'd~'oIADDitIOiiiA'LCOVEAAGiiS'item 1. De- .' ',8.(1) ,atiOv,. 8PR.lle! onl~ If; ,'"'' .'
b~I}J,,,r, ,,' ,.." 1'I"".l'!' ," '1.:41 ''', "d, b h 'f I"~ ,11100' Ql'''','M''lG'f II., ..'11'" - . llil"'D/C,:) nhl,J)
rl. Remo,ye ".~qq~,~tell a"\':lnr~p';8~~. y t 80~, " , : e""rne trf!8; lIl!mages e a~r, c.ture ,coverJ~
lowing: .' ',,, ,. -",under this PQllcy; or ' "I," " ..,.
1"rtbv'i. :1~'''R' ,,,",,: "'''I;\G~' l~'1J(J 't"'; ..,'1 I~) , '" ~;, .u! 10' a"nltl1'~.. eb~"'r1l"I"H' l'I't) !1'....~8fI~~ Inf~1TF:1M
. el:lr. .move, " I, b." wlnustorm or a or weIll It 0 6
'.. ~w~:~ilt ~"'~~;~ea~g~~6f~"~~-'e se 'foi'the : ,~ W .p'r. 51 t c~us~~ dama'tt~~'l1f1
~~"G', ""Cl\;;II,gfl; Y.... "." "l"~'~li.l;-l P. ,~~ ,10"-" ., "JCa9ibte~c~~.d. /i!lElerihlsliilHC-li~
,1!1~O U/m< ,.J 0.,1:;:11' ), :,,'b,"nl!,;:bo.'~J.,,: ' '":,.,:,p, .e, bno beldh& P,l!I1JIJlY,Iv!lnllli~ov"n..or&l.,gl"arlll(.t~"-l
-n! C'-) Debris of .covered ,prope,r,tVi,lf:"e,; Pen!:Jn-, area in whleh!lhlI<,slllllclllQC,~: PI\l!lli~f
b"I' >~rl~~e~ A9~~8:e~h:h~ 81::'~~~:0,lhll:d~m~g.e~, en(1~r~' 'J;',is loW!tec,t,ofo, b!\,!l-f!!~!ls~er.llre~,,~~ a,re-
M:' 01 i:LJ ~u P......rw., .~I.. '" 'I.J,U': rv fl';YII.,(~ JJh (bf.t1ua;;.~~~.I.~,o~~~~h,~~a.~.~~r..~~~~itl.?'~~'la
91,II(2),liAsh;, dUSt~,or"particles frjl!f1.rll volcanic SEClltI~ll-:CONDlTlONSh :.,11 to ol1lritw
;" ',0 v"~erl!Ptlon .thatchas'caused 4dlrec~:loss t!l a '1/1111it't'c!lRaltloll"3;'L~'=Settrerrient;rlfterri'b-:(') Is
,n~ sVlupbulldlng or .propetty 90ntamed 10 a build. d8"'~t!ra'nll' ~ilI8ced'bfilili'lolloiNir'llt!~1i6lt1,O
Ing. ': 1~I.jlil c: eiifbnl nVt,ocr: ~a:ll~'l~ "'~I:IEJm '~.1t 15 C!a.oitli1sl
.101 JrThis expenso'it included.ln ,theJimit:Qf,lillbUilY.l . BUlldlf!~~.uJ1Cler; C!lv.!Ir.!lg~ t-, pr;,t1'I~~,~~pl~ce-
, that applies to the damaged propeljy,.I("Jhe 10 10 m_e~t..co_stw.ltho,utdeduc.:tlo"~.-'~rodfPr,~~'atlon,
,. ,amount ,to, be ,paid for ,the actual dll.l1lalto CJIY;IlJecho'th'efollolNJng: ...', :'"
;,~;.'" :ihe 'piopeit, y :jllus:theiietirls re)n, '0, 'i{8~:X' \~S~ I ~V "",at the time of loss, the a,mo'~nlJgrinsur-
;,.;j ". is morethari die limit 9,f' IlablllW"fC:U;i\!Jii. m- eee;. J.'ance'ln"thls policIjIHrFthi(cfaffia>>elliHulld-
';'Qa~,l}ge~.~ro~~: ~ary: a.d'~l~~:na' 5J?6,<qp~~l' It .eu. ~:w' rn'g'!f~<l%:'iir ~f!li;ifif ~f. tlie f~l! ';eplacement
:)~(pf,1I,abl,lIty,lsi;aval!a~I~"fcir debrJlj..r~m9X8 ,px- gIJIVII.~I', lIb..~t Or~~B b1!l.!iflnif'mm.ed~alelV ~e.fore the
o~, i,)qPf1nse.. .(The, ~econd,; s~I)tf!r1~e ..<if" tlil,~, p'~ra- 16fr~01.~ '!9S~~:~~'~nl :p.~tre"~l?st ,to ~arr or. reo
:;,>" ,grgph,does;/,!pt apply,,!q.~9rl)) ~~')~ ,~~c) ee. B .1. place,"~fti{r'apJlIIl!all!ln of't~,~;~ed~ct!ble
Bo' (1 )"" circumstances, of,,:a loss'-.meet; those ' , ,and without. deduction for' depreCiation,
specifiec!, in (2) ..~~I'?'l".:,we will.p'aY"l\our Oil lor,"', ~ut not'mor~ th~?'t~e, !~8st ~f~~e,follow-
reasonable expense up to $500 for the 3' 6 " Ing amounts. I. "..,1., , '0"
,. ",. ., removal from the "r~siilerice pre'mises.'bf; a::~' '01 (a)" Thet'lImitof Ualiilitv imdef this pclicy
""'" :,-'.. i')"'",' ,'j ~I'S . '1,0'-' '\:''':thalap'pllesiothebullding.,a
e. Y~ur tree(s)Ae!e,d"by, thl!.."p'erll of '~I"I'n' ..., '1' D,,',l~ ;'I1J2"'"'' ',,:,{!
Windstorm or Hail; b~ao'i" (b),'The,replacef11ent cost,o! thatpart of the
~~,:',~;.lI~; ~:'Yo~F' t~~~(si'~f~llpd~;;bv: ih~ ;:~~rlld of "building daniagid~Qrl,"'o~:'.J
Weight of Ice, ,SIlPlN.:or, Sleet, (Forms .s," rl;:,:,(e)'ITha noc,esli.Bry. arTIou!!t.actual!y,spent to
HO 00 02. HO 0003, HO' 00 04.llnd lnelllb~," r,ep'aj~.or ,l'ejll!lce lhe dl!.l1)~ged building.
;,~,' ,,' ,,: . ~O 00 OrO:iily);}r'::" '" 'l:~"~,':: :~";:"" The "replac'emenfcost win not exceed that
, e. A neighbor's tree(s) ,f,elled by ,a, ~eril 5,:' ',.1 " nocessar(for like eonstruction and use on
Insured Ageinst under,Coverage C." :c '- the 'same premises;' regardless of whether
The $500 limit is th~ m'o~t we will'p~~ in 10 'I;" , th~ .repl,~cement.. building 'or.,:repair~d
anyone loss regardless of the number of ~"':' " '" bUilding IS .Iocated on the same or a dlf.
fallen trees. "~ ,.;.1 . .terent premises.,;"
HO 01 37 04 93
Copyright, Insurance SerVices Qlfice. Inc.. 1993
Pege 1 of,3
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'. :: :,' I Jt,-!:~ .f...~l\:: . y 1:jO'~ 31-;" ,.~:J,,:,':.\H'.: J~;:i;)C,.~ . !loop'
SECTION II . LIABILITY COVERAGES (e) There Is a substentlellncrease In hazard
Item 1. Cove rille E. Pereonel L1lblllty l.rI,I'ted " ".., '. ..In~ure~ egalnst by'reeson of willful or
Ind repllced by the fOllowing!.'...' ! '. , ,- ,,;11:1 I ' (. VI 01 ,:.. 'I,.!" "negligent IctS or omllllons by the "in-
sured'"
1.. PIV up' to our limit of IIlbill!V for the dlmlgee for '
,,, YihTcli'the""lniurlid" II legi~'lIiible; ~rid," . (d). ;:The, Frlnl\lred" ,hee I f,III,8!l- to:. pey. :t~e
U.nder Covereg~ F ':M~dlcil r;i~~ t~t= to Oth. -oU . r rr,~:preJl1lu".!q~Y. the d~~I~~IfIJ!'ta'l'Yhl!.t,het,
~!",,:;, '":...,,,. ,; "1.. ,or,) ."" ~I~ ... -1,,1 ",11 VI! 1!~V.~bl!!.tR~1 O~'!.fo ~lli, ~i'"t'1~!;~n~~t
:' " ,,',' .irl".b III Iny flnlncl or crear pi. 'iif'. , '
r.te,dIC;~,1 .e!CI?,e~lee do .l'.ot!nc!.ude', itXDen1l1 for fu- (e) For any other r"Ip',n ap,p'r^ved ~tdJr'ih~
nerll.ervfce." "'0 , "ll~"'I'r'!.O I :.I,H' "~ '1' . ,'I
u '" ,"'"m.l: "",:' ...", ',' "''2r.~ Penn sylvan a Inlurance Comm 55 nero
"~QrI9~JI.J AN,D U .C.o.N,DJT.!o.ll'~ "r', ..:>, Thill pfoiilliO'li"lhall nof 8P'pl~'lnh'ii'nlmed
l.nelnelUltlon', 'Pitlgraph b. ',II' dalated Ind rl- "insured" h.. demonstrated bY'some overt
"z'pIICed:by the'followlng:,'ir. II' ,110 n, ,: ,': actlontoul'or to our ligent thlt thli "In-
'9'b? 'W~ ~av ~i~c~lJhll,~oh~y.:ciii)y" for the re8l0nl 'JDg:.r',st luied"~~II~~.t~~',~~~~?y'l~, be ~ancelled.
Itlled "~Iow :tl~ 'lIot~lnll' ~ttia'."lnlured. In Delivery dh%ch Written"n'odc9f69 us to the
writing of the dalit' cancellatlon UiJcM:'iiffilara ~I"':~i,,.. "Insured" named"ln thelDeclaratlomCet the
?i (t)r\lis p~ne~I,!ati!!f!..l!otlpe mfY, ,~,,~..I~~~h'l!J 6 r,l "",'malllng 'address showri:ln"the'pollcy or at
or malled"~J~e;'~n.~rell":.I)~m!d/",#~!..P.~tb -bile<; " a forw~rdlng .address 'shallilie equivalent
. ~.I I~.ra,tlo~s,~t ~he.ma.I!lng addre5! snown InJlie to mailing. q",
· ~''liollcy''or'at'a forwarding adilreili~lhhu9 . ,. N' I' d ted '
,~oll,,,,,-, ;',:) "'. ,,' . '";'0,, !, " '."'._ "..p ',n:n . .o~renewa IS ele and replaced,by the fol-
Pro?f of mailing -"'V,II be sl!ff,i~ll!!l.tLII~pof of ":'1owlng:'",r-",,' :',"""""" :,' 1..,,!~,:o; i','1: '
notice - , ," ~~...r,'r~3.l"I :-,,,,,-. "~r '-1"- _. -..j ,'" ..... .
. "_'~r'l .~, ;"''l\'}I.'',; ," I ,: " .....11.. 'JI~,"S 1: (j) J~~' '1~!'t ~p..~':':"'~ ," .W,~,wi ! no~ f~!r.t~!!n~~ .t~}s pol-
,r: :ut11cVV,\leoth!s pqllcy has been 1,n,eAAect for less '" ell except tRI one of the reasons'referrecf/o In the
In"rn9~(,:~I1~n, ,!l,O,d,aYI, anll"s,!OJ ~,le.riBw~1 with UI, ;i,~.~lin1!~lIa\lon,; plC:i~!s,l~ri }if thi~.',e~.Il!liS~l)iebt. We
aril a,ot-J:l"'i1.mlly..cancel.(llr. any ril~"lfh~,'l notifying ." ~~Y..~llfY~l\~qJen,l!lYfor, one pO~:lis.teilillasons
'9' 1/) ".\h,e "Insl,l~ed:,nall\l'.dJn..tl\,!,b~cll!retions at .s,by'lJ).a.lllnll,tl?"th.~.~!l)s\ll:lld~ 'Jai:"-fl,ll ii1J~~,'Dec!a-
9IC:H:, ':."Least 30. daV~PJlf,!rl!. t"".c.an!=!'l~tlon tokes ,a.tllllJ~'et\hllf!1!1~l!n,g a~d.~es~~sti~.~~.I!}},~,if.POIlCY
.,ci;'.,'" l!ff~ct..: ,', :';~Jl',: :ve;;" ;:_: .. ofBt a fo~arding addre.ss,:wrftten not'c~ at I~ast
,//c"-(2) ,When thll policy has been:ln effect for 60 (-.30 days prior to therexplrat'on'~ate.of thiS policy.
days or more, or at eny time,f It is a re- :~Th.ls provision'does'iillt appl\i if:"" ',;0'..,
~:',:I "newa! vyith uS,we may c,al).,?el ~f1ly for one ' {,'a.' We have indicai~~i.ciurwilli~g~~si to renew
or. more !l!. tl)e fOI!o,w,i,ng, rl!lsons by notl- and, the "insured" has failed to' pay the pre-
''-; 1".., ty.l.ng t:-'e !nsured named In, tl)e, Decllra- ") mlum by the dUe date; Or'l '" C' . ~
, I"., tlons at least 30.days'prlbr'tb the proposed ,,' "01': '~"', ',,':r,'::
cancellation'dale,n,., """'IlI<_ 1 b. The named In,~ured has indicated to us or
"Iln"'() Th'" :." . ,- ,',: our agent thlittl:!.e'''in'sureil'' doils n6twish the
'",,:, '.. ao,' !S ,policy was '~btaln"il through ma- W'I : 'policy to'berenewild. '.; ":'".,..-
,/11.." ..' ',terlal mlsrepilisentation: fraudulent "'I" C, __ . 'j ':'. t''-' ',1" ~'.1": Or; ,,'
, ".__. . statements. ~misslons ,or ,eo,ncealment Dellv~ry of sucll")Nrl~en,,n9tlc!i'_~'(rus to the. .'n-
, ,,' ,; ,,' of fact material to ,the acceptance of the ."sured named In t~e .Declaratlons ~t the me,l!ng
risk or to the hazard assumed by us; 'address Ihown !n t~e policy or ~~.. a forwarding
(b) Th h b b h addrass shall be eqUivalent to mailing.
ere as een a su stantlal e ange or
Increase In hazerd in the rllk assumed
by us subsequent to the date the policy
was Issued;
.j"
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PIli- 2 of 3
Copyright, Inlurlnce Services Qfflce, Inc.. 1993
HO 01 3700493
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9. Deeth. Paragreph b. Is deleted and the following
added:
b. Insurance under this policy will eontlnue as
provided In (1) or (2) below, whichever Is
later:
(1) For 180 days after your death regardless
of the policy period shown In the Declera-
tlons, unless your premises and property.
covered under the policy at the time of
your death, is sold prior to that date; or
(2) Until the end of the policy period shown
in the Declarations, unless your premises
and property. eovered under the policV at ,
the time of your death, Is sold prior to that
-II 'H . I date. -.- . .....,. n., . '" . ,('\ ..............
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Coverage during the period of time after your
death Is subject to all the provisions of this
policy Including peyment of eny premium due
for the policy period shown In the Declara.
tions and any !'xtenslon of that period;
c. "Insured" Ineludes:
(1) Any member of your household who Is en
"Insured" at the time of your death, but
only while a resident of the "residence
premises"; and
(2) With respect to your property. the person
having ''Proper temporary custody of the
propertyiimtll appointment end qualifica-
tion of ~,Iegal repreBtntatlve. ,
, - ~II other provisions of this policy apply. '1,
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HO 01 370493
Copyright, Insurance Services Qffice, Inc.. 1993
Page 3 of 3
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H9MEOy.'NERS POLICY ( MUTUAL r"lEFIT INSURANCE COMPANY
I . THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. -...
PERSONAL PROPERTY REPLACEMENT COST
SECTION I
For an additional premium, covered losses to the follow.
Ing property are sellled at replacement cost at the time
of loss;
a. Coverage C. - Personal Property;
b. II covered In this policy, awnings, carpeting, household
appliances, outdoor antennas and outdoor equipment,
whether or not alfached to buildings.
Personal Property Replacement Cost coverage will also
apply to the following articles or classes of property If they
are separately described and specifieally Insured in this
policy;
a. Jewelry;
b. Furs and garments trimmed whh fur or consisting
principally of fur;
e. Cameras, projeetion machines, films and related arti-
cles of equipment;
d. Musical equipment and related articles of equipment;
e. Silverware, silver-plated ware, gOldware, gOld,plated
ware and pewterware, but excluding pens, pencils,
flasks, smoking Implements or jewelry and
f. Golfer's equipment meaning goll clubs, golf elothing
and golf equipment.
Personal Property Replacement Cost coverage will not
apply to other elasses of property separately described
and specifically insured.
1. Definition: "Replacement Cost" means the cost, at the
time of the loss, of a new article Identieal to the one
damaged, destroyed or stolen. When the identical article
is no longer manufactured or is not available, replace-
ment cost means the cost of a new article similar to that
damaged or destroyed ilnd which is of comparable qual-
hy and usefulness.
2. PROPERTY NOT ELIGIBLE
3. REPLACEMENT COST
The following loss selllement procedure applies to all
property Insured under this endorsement:
a. We will pay no more than the least of the following
amounts;
(1) Replacement cost at the time of loss without de.
duction for depreciation; "
(2) The full cost of repair at the time of loss;
(3) 400% of the actual cash value at the time of loss;
(4) The limit of liability that applies to Coverage C, If
applicable;
(5) Any applicable special limits of liability stated in this
policy; or
(6) For loss to any item separately described and
specifically Insured in this policy, the Iimh of Iiabilily
that applies to the item.
b. When the replacement cost for the entire loss under
this endorsement is more than $500, we will pay no
more than the actual cash value for the loss or damage
unlilthe actual repair or replacemenf Is complete.
II the actual eash value amount is Insufficient to initiafe
repai~ or replacement of the lost or damaged property,
we will advance to you the amount necessary for you
to Initiate such repair or replacement and such further
amounts necessary to continue the repair or replace-
ment. The amount of loss payment we agree upon for
the lost or damaged property will be reduced by any
advance payment. The total of all advances and other
payments hereunder will not exceed the amount al-
lowed under 3.a.
Under this loss selllement procedure, the following
special provisions apply:
(1) You shall promptiy forward to us eyidence of the
agreement with the party repairing or replacing the
property which shows the cost and estimated com-
pletion date of the repaired property or delivery date
of the replaced property.
(2) We will send to you the balance, if any, of the loss
payment previously agreed upon when you notify
us of the completion of the repairs or the expected
delivery date of the replaced property.
(3) II you do not comply with the above terms at any
time, we will pay no more than the actual cash value
for the loss or damage. In such ease, If the amount
we advanced to you is more than the actual cash
value, you shall refund the difference to us within
30 days of the date we mail our refund notice to
you.
Includes copyrighted material from Insurance Services Office. Inc, 1993
Property listed below is not eligible for replacement cost
selllement. Any loss will be sellled at actual cash value
at the time of loss but not more than the amount required
to repair or replace.
a. Antiques. fine arts, paintings and similar articles of
rarity or antiquity which cannot be replaced.
b. Memorabilia. souvenirs, collectors items and similar
articles whose age or history contribute to their value.
c. Articles not maintained in good or workable condllion.
d. Articles that are outdated or obsolete and are stored
or not being used.
HOMB04.PA 09 93
Page 1 012
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CONTENTS OF LAURENCE SHEFFER HOME
(
Items:
KITCHEN
Gas Stove/range
Cash iron cookware
Microwave
Bakeware
Two door refrigerator
Lost food-perishable
Table and 5 chairs
Electric Sunbeam mixmaster mixer
Cuisinart food processor with attachments
Coffee maker
Toaster oven
Blender
Book/recipe shelf
Electric faux fireplace
Butcher block stand
Fiesta ware, service for 6, antique
Flatware, silverware
Air conditioner
Eureka upright vacuum cleaner
Rainbow vacuum cleaner
Glassware
pfaltzgraf dinnerware
Table linens
Electric fryer
Crock pot
Cake decorating equipment
Dehydrator
Misc. cookbooks
Hand-tied rug
Intercom system
Countertop convection oven
Electric can-opener
Capuccino maker
Breadmaker
Electric knife
Terracota bakeware
Misc. pots and pans
Caphalon cookware
Television (color)
Misc. cleaning supplies
Canned food
Cuckoo clock
Thermometer/barometer
TOTAL
1
Estimated Value
440
500
220
150
SOO
150
500
150
350
65
55
SO
45
300
170
600
200
250
100
300
240
325
150
65
25
150
125
250
250
500
225
25
150
175
25
200
125
300
150
50
200
450
50
$9,630
(
(
DINING ROOM
Singer sewing machine
Sewing cabinet
Table and 6 chairs
Buffet table
China Cabinet
Glassware and crystal
Silver tea set
Paintings (2)
Chandelier
Stereo
China set, 16 piece
Sharp electric typewriter
Figurines
Hummels
Wedgewood candle holders
Telephone
Linens
Records
Cassettes
Answering machine
TV tables
Flatware
Orfors vase
Grandfather clock
Drapes
Oriental Rug
450
200
500
350
400
250
200
lS0
150
600
1000
SO
500
600
150
25
300
50
200
75
125
300
250
1200
400
1500
TOTAL
$10,035
DEN
Day bed-sleeper
Encyclopedia set and misc. books
Arm chair
Table
Blood Pressure Cuff
Lamp
Radio Alarm clock
Entertainment Center
Television with remote
Book case
Drapes
Loom
Police scanner
Throw rug
Electric pencil sharpener
Knick-knacks
Pool cue and case
Chess set
600
S50
450
175
300
70
55
175
200
125
50
250
175
150
25
100
200
100
2
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