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HomeMy WebLinkAbout98-02327 ~'~ "W' ~: I ~., '~, ." :>. ~.. ~, ~; d'! u ~ ~ :5 '" H , , ,v ... ~. I r \0' ~1 ~} .. ..c, ",' ,~ ,,1! I t---i ~. l'I')' ~ ~, ~: ~. J. ',: ,.;;:: ' ,,-" ~',-.\...' I,' .""~"~ '~:. . :'.,....' '.' .'" " ".,.,., ' . ".' ,,' ,.'. ." " '. :;. ':C,:.',.:,.., .. .l' ..', . .,\.:r", ~"!;:::I';~' , , '. ;::.;: i:"~ .:.\. ". ':'. ,,:',' , I.,'.. ':.'" ,',. C,'.. ,;. ':':,:" '. ,"" \. .' :';., :, . Y'::, , ,..:';:':',: '~'.::. ' "" ".. ,'. "','>. I,i .:'.",:'. .",.,' >.' . ',: ' . .- . : .. ::.. ~ ,. \' ; .~.." , . ...~. '.. ". ~.'.. ,.; >', <.. :<',:, !;":''' " " . --' ,;,' 'c ... ,,--; {. ,n". ': .;" '. ., ';'. ;'" : .,: .'.'. -' {":, ;',". ,;'. . .'. , , . ;' , . -. ~ .' .' " '," :.." '.'. ,. ,.:".' ., '.'.'e....-..'.....:..'.,i"...'-'" L:..:...:. .'~"'}'c' ~'.:.,.' . ;..1 .' " .,', i"., "~I;' :,.: )! '. . ".. .' ' ) ....' ",' j,,~, '; . , , ;", ,\ , ; .' """::)',,, ':.., "". " . .; -'" 'j"" :' .,. :. ,:'-(:::': . -' ::' .' -. " , ". , !.. .,-. '. ""i:J:'" :-,..' ;', }:':i, 'I .,' '.', .-,-..'" ';" .' ,.' ",~ :L. ,\': I. ,{ :' , ;.' :( '.:'.,,- ' - ; 'I "',, :; ,. '-. '> ':', i, ,::.- ..'.:' .." ,"', .- ,.1' ,:' ;" . ...',.' .." '." . '....' ..' ,. ,'., :\.:,'.,.' .\:,i .~" ;1',2-,:<1;"_"_'__' -~c':; '};;',~,-t'\!\;':J,,;,-,ih+,hi""!!;'''~ffi -.~...--_.." - . COunt VI - Request for AccoUnting COunt Vll - Theft of Services lJ. At./J Ii",,, "'i'''n, h'''''D, lh, "'d in'u"n" P01/,y i""ed by Plein,," E'Je "nl./ned · nUtnb" of P"',i"on, whi,h d'/Jnented th, ,""po of """e"g, POlenli./Jy '"".ble und" "Id PO/J,y, Ine/ud/ng Ihe fO/Jowing, W. Wi/J pay ./J 'u"" up Ie the ''''eUnl 'ho,," on the "'01''''10.. wh'eh ....... ... ....... h,,,,,,,,,, lel<al/y ob/Jg"'d to pay 00 d....go, beca.", of ........ '-I..,. .. ......... ........ "',"Iii,,,, f",,,, .n __ dU"ng thl. PO/jey. W. ""/J P"Y f" DOly ........ I'll..,. or prOperty daJ2lage covered by this policy. 12. Und" the oo'd ""/Joy, PI.'nliff E", e""/Uded ""_ fo, (1) ........ '-I..,." ......... _... "pee'ed " intended by anyone We protect. (2) "-00] '-I..,. " ......... ........ arising Out of bll.Jne.. purSuits of anyone We protect. (4) Pel'llonal 1nJury or property daJ2lage arising Out of the rendering or failing to render professional services (other than professional services rendered by educators). 13. Und" the "ld PO/Joy, PI"n,," ENe .1.. e"/Uded __ ti" perSOnallia.bility for: (1) Lia.bility assumed under any ora[ Contract or agreement, or by COntract or agreement in connection with any bll.Jne.. of anYone We protect. (10) SUits for libel, slander or defamation of character made against anyone We protflct if the PUblication or statement !/ (a) took place before the effectiVe date of this insurance; or "' .. " I!lChlblt A .~ \ 1'--1,' .: . WHERE TO LOOK IN YOUR POLICY PAGE Additional Los~es We Will Pay-Secllon I Automatic Garago DOllr OponOl' "..."......"............." 'l Buildings, Addit.iolls, Alhll'ations Protecl.lon ......,,:1 Collapse ... .............. .......""".".." ""...........".....".......8 Crcdlt Card, Chargo I'lnte, Check Forgery & Counterfeit Money I'l'Olecl.lon .......... 8 Debris Hemovlll After IAISS .............."......................8 Emergency Hcmovlll "fProperty.............................B Fire Departmlmt Service Charges ..".............."......8 Fire Extinguisher Hoeharge ................"..................8 Lock Heplacement After Less ..................................B L('Iss Assessme!lt (Sealions I & 11)"........."..............9 Mechanical Servant and Hobot Protection .............9 Necessary Hcpairs After Loss ............."..................9 Non.Owned Hesidences ...........................................9 Trees, Shrubs, Plants and Lawns........"..... ............. 9 Agreement ................... ................ ..... ............................ 3 Amounts of Insurance-Section II ......"...................11 Coverages-Sections I & II Loss of Use Coverage ......................."......................6 Medical Payments To Others Coveruge ...............11 Personal Liability Coverage ............,.....................11 Personal Property Coverage ....................................5 Deductlble-Scctlon 1..................................................9 Description of Insured Properly .............Dec1arations Perils We Insure Agalnst-.Section 1..........................6 Policy Definltlons--Sectlon5 I & II .............................3 Rights and Duties-Conditions General Policy Conditions-Section III Accounting ........... ...................................................15 Assignment. ............................................................15 Cancellation ...........................................................15 Concealment, Fraud, 01' Misrepresentation .........15 Cooperation ............................................................15 How Your Policy MIlY Be Changed .......................15 No Contingent Liability ......................."................15 Our Hight To Hecover From Othor.......................15 PAGE () .~ \i'. Policy ACliOptllnl:o Ilnd COOPlll'lltion ......................16 Policy Period ..............................................."......... HI Priority........................... ........................"..".......... 16 Time of Incl1ption ........................................."........16 Horne and Family Liability Prolectlon- Conditions-Section :1 Bankruptcy of Anyone We I'l'otect........................14 Dutics of An Injured Person- Medical Payment. To Others Coverage ...........14 Limits of Protectioll ............".................................14 Olher Insurance-Personol Liability Coverage ... 14 Suit Against Us ...................................................... 14 Your Duties After a Loss .......................................14 Property Protectlon-Conditlons-Secllon I Abandonment of Property .......................................9 Appraisal........................ .......................................... 9 Automatic Adjustment of Coveraffe Amounts ........ 9 ERIE Option............................................."............ 10 Glass Replacement .................................................1.0 Increase of Hazard ..................".............................10 Loss Payment.......................................".......""..... 10 Loss Settlement .....................................................10 Loss To a Pair or Set............................................" 10 Mortgage Clause ....................................................10 No Benefit to Baileo ...............................................10 Other Insurance .....................................................10 Permission Granted To You ..................................10 Recovered Property............................ ...................11 Suit Against Us ......................................................11 Your Duties After a Loss ....................................... 11 What We Also Pay-Section II Claim Expenses .....................................................13 Damage To Property of Others ............................. 13 First Aid Expenses........................................,........ 14 Loss Assessment-.-Personal Liability Coverage.. 14 , What We Do Not Cover-Exclusions-Sections I & II Home and Family Liability Protection ..".............12 Property Protection .................................................. 6 C~ I I "',-,' :J .- \, .,' ErnE INSURANCE GROUP III !,,'oud to prellellt Tho ~;llm'lI Condocovor Policy. 'I'hill imllOrtnnt contrnd lM,tween VOU and The ElliE consists of t lis polll:y with covorago ogr",', ments, Iimltntions, Oxclulllonll nnd wllllltlollll, II Decllll'lI' tlon., plus allY ondorllollllmt.q. It ill writhlll ill plnin, simple tenns so thnt It cnn bo ollllily underllhHlll. We urgo YOU to rood It. This policy "ontulns mllllY gXTHA I'IllYmC'1'10N FEA- TURES develop",t by Tho rmll':. Wlwovor IIn "X" Oppelll'lI ill tho nUII'gin of I.hl. policy, yOU I'ucuivo EX'I'HA PHOTI';C. TION, oithor liS additl(llIaJ COVlH'IIgo "" nil n CO"Ol'lIg" thlll i. not IlIlIIollt hOllltlOWIlO1'1I polldoll, Tho protedioll givlln by thill polky ill III keopinll wilh th" lIinllle purpollo ef our ~'oulldlH'lI: "To provide VOU wilh 1111 IWllr I'lmlllWT l'RIYI'l~C'l'ION, 1111 nUlII' I'EHFEC1' SEll. VIC~;, ulIl.q hlllllllnly IMlIllllhlo, IInd to dn 110 lit tho LOWEST j'OSSIBLI'; C05'1'." AGREEMENT ERIE INSURANCE EXCHANGE ONt Y In retum for your timoly pl'eOllum pllymollt, your campll. anco with all ofthe provillionllofthill policy, and your signing of 0 Subsorlber's AbfJ'eomont with ~;rie Indemnity Com. pany and othor Subscrlhers, we Ogl'Oll to provide the coverages you have purchased. Y our coverages und (amountll orlnsurance) ore shown on the Declarations, whid. aro part of this policy. Your signing the Subscrlbor's Agreement, which in- cludes a limited powor.of.attol1loy, permits Erie Indemnity Company, as Attorney-in-Fact, to mako I"(,ciprocallnsuronce contracts between you and other Sublleribers and otberwllle manage tho business of the Erie Insurance Exchango. Thill power-of.attorney applios only to your insurance business at the Exchange and is limited to the purpcsos described In the Subscriber's Agreemont. Your responsibility as a Subscriber is deternlined by this policy and tho Subscriber's Agreement. You oro liable fol' just the policy premiums chorged and oro not subject to ony other premium liability undor the policy. This agreement is modo in reliance on the infornllltien you hove given us, and ill subject to 011 the wrms of thill pelicy. This policy, all endorsements to It, and tho Subscriber's Agreement constitute the ontire agreement between you and us. ERIE II'<1SURANCE COMPANY ONLY In retllln for your timoly In'omium paymenl lInd you.' "ompllllnce with all ofthe provisions of this polky, we II!;""" to provide tho coverages you hllve plll'cholled. Your CO\,,"" lIges and (amounts oflnsuram:e) 111'0 IIhown on tho Ood,"'n- tions, which am part of this policy. 'I'his ogl'eomont is made in reliance on the informolion you hove givon us, IInd is subject to ali the ternlllof thill polky. 1'his polley ond all ondorsomontq to it conlllitute the enlin: ngroemont between you and us. APPLICABLE TO ERIE INSURANCE EXCHANGE nnd ERIE INSURANCE COMPANY We promise, upon timely pnyment of the premium "ud complianco with the provisions orthls policy and its endorse. ment..: (1) 1'0 cover you from 12:01 A.M., Standard Time, at the location of the insured prflperty, on the date thoWIl on the Declarations as the first day of tho policy period. Coverage will continue in force until tJJrminated. (2) To protect you up to tho amounts specified inlhe policy. . You may not transfer thill policy without our Cllllseut. This policy is made and accepted subject to these nud following provillions, including those wUch may he added by endorsement. POLICY DEFINITIONS Throughout this polky and its ondorllomeotll the following wordll have a special meaning when they appear in bold type. "aircraft. means any machine or device capable of atmo- spheric night eHccpt model alrplanos. "1UIYO"" we protect" means you IInd Ihe following rosi. dents of YOllr househeld: X (1) relatives and wards; X (2) other porsonll ia the care of anyone we protect. Under Home and Family LialJi/ity Protection. anyone we protect 01110 means: (3) any person or organization legally responsible for 11111- mnlll or watercrafl. which are owned by you, or IIny perllon included in (1) or (2), and coverod by this I'olicy. Any person or erganlzation using or having <'lllIlady of these animalll or watorcral\ in the course of "ny busl.. ' noss, or v~thollt pcnnissionorthe owner is not anyone we protcet; (4) any perllon with resped to any vehicle COVOI'ed by this policy. Any person using 01' having cllstody of this vehicle in the course of lIay business uso, or without permission orthe owner ifl aot unyone we p.l'otect. 3 , . '. ., "bodily Injury" III"'UIS physil:,,1 h"l'lII, sicko",," 01' dis""se, X including llwntul nnguiHh, cuw, lu!\~ of~ltIrvkuH, 01' nmlllling doath. Bodily Injul'y dmlS oot include: (1) llOY ,:omllluoicahl" disOll"e 01' cooditioo tl'll","nil.tml by any immrml to allY uthllt' punwn thruuHh u pal'nsitr, viruM, hndul'ill 01' nny nUwl' Ol'gllnifll1L (2) thuOKJ)U9UI'(l tom' tl'il"llInhH~ioll ol'nnydiHUllHtl, pnnlsitn, vil'us, hllctOrill Ill' oth",' ol'glloislll by "ny insUl'od to llny othOl' pOl'son. 'fbuMlness" meum; any ndivily cngu~~ed ill as n tl'uclo, prOll"Hl- slon 01' occuplltion, including lill'lning. .Dccll\l'Iltlons" mOllns Ill(! fOl'1n which "IUlw" your COV"I" ages, amounts of inSlll'allCO, pmmium chnrges nnd otlWl' Infol'lnl\tion. 'I'hin "lI'In in part of )'our policy. Your policy Is not cCllllpllllo without this form. Tho Doolarutionn may be I'ovined and updlltod hy II form calJod tho Amended Dec/nm. liOll,' which thon hocolllos the applicable coverage. "Insured location" 1II0ans: (1) the residence premises; (2) the part of any other premises, othor structums, and grounds acquired by you during the policy poriod which you Intend to uso as a residence premises; (3) any premises usod by anyone we protect in connoc. tion with premises included in (1) or (2); (4) any part of a non.owned premises: (a) where anyone we protect is temporarily resid- ing; or (b) occasionally rented to anyone we protect for non.buslness purposes; (5) vacant land, other than fannland, owned by or rented to anyone we protect; (6) land owned by 01' rented to anyone we protect on which a one 01' two family residence is being built for occupancy by anyone we protect; (7) cemetery plots or burial vaults of anyone we protcct. l'medical expense" means I'easonahle charges for noem1- sary medical, SUl'b"Clll, x-my and dental scrvices, including X prosthetic dcvicl)s, eyeglasscs, contacts, hem'ing aids and X pharmaceuticals; and olsn includes ambulance, hospital, licensed nursing and funcral services. "occurrence" moans an accident, including conlinuous or repeated exposure to the same general harmful conditions. X .personllllnjury" means: (1) bodily Injury; (2) libel, slander 01' defamation or churocter; (3) false arrcst, wrongful detention or imprisonment, mll- liciollS prosecution, racial or religious discIiminution, wrongful entry or cviction, invasion of privacy, or hu. miliation caused by any of these. 4lproporty dnnlugc" means damage to or loss of use of tangihlo property. "reNldolll'O employOl'" mlluus lln mnploYll1l of anyone Wt, 11I'ohmt who IMlrformn dull,," in c,ulIlOc!.ion with tho maint". nllnCIl "'. use "filM, rt'Hldt!ll(Il'llI'OIllINos, including simillll' duties elsewhe"" 1I0t in conneetion with tho buslnoss of nnYOlltl we protect. nOHldmwt, ollll,loyeo doos not.mlllln tho employee of the condomiuium eVen though that mnployoe Q works fot' you 00 the ..esidence pl'llmlNeN with 0" without pay. "residenco I,re.isos" m"uns the premises described on the Declllrotions, which is your pt'ivule residenco l'esllrved fill' your 80le U81l, l'lItluding allY portion for business purposes. ADDITIONAL ERIE INSURANCE EXCHANGE DEFINITIONS The following _d.havc II specilll meaning ill policies i,nllOd hy Ede 1/l811rallct Etcll(lflge when they appent' in bold type. .Subserlber" means tho pot'son(s) who signed the Subscriber's Acreemellt. "Subscrlbor'sAcreemollt" means the agreement, includ- ing II limited power-of-attorney, among tho Subscribers and the Eric Indemnity Company, as Attorney-in-Fact. "We," "'tSIt or -our" means the Subscribers at Erie bl8W" ancc Ete/m/lge.. represented by their common Attorney.ln- Fact, Erie Indemnity Compllny. "You," "your" or"Named IlIsured" means the Subscriber and olhers nomed in Item 100 the Doclaratlons, Except in the GENERAL POLICY CONDITIONS, these words include the spouse of the Subscriber if a resident ~f the same household. ADDITIONAL ERIE INSURANCE COMPANY (; DEFINITIONS The followillgwwds havc a special meaning in policies issued by Erie 1/l8"ralll% Company when they appear in bold type. "\Ve/' "us" or -our" means f!.'rie Insurance Company. ''You,'' .your" Of "Named Insured" means the person(s) named in 'tern I on the Declarations. Excepl in the GEN. ERAL POLICY CONDITIONS, thesc words include your spouse if a resident of the slime household. WHEN AND WHERE THIS POLICY APPLIES This policy applit'S to lo~ses that occur during the policy period. 'fhe policy poriod is shown on the Declarations or Amended Dee/IUG/iofl.'. Section I-Proptrty Protectioll. This policy applies to prop- erty losses as designated in the spocitic coverage and lit the location(,) insured under this policy. In addition, Personal Property is covered while located anywhere in the world. See/ioll /J--Home and Family Liability Protection. This policy upplies 10 personal Injury and property damage losses occurring anywhere in the world. '--., 4 SECTION I-PROPERTY PROTECTION .' PERSONAl. PROPERTY COVERAGE-OUR PROMISE We will pay for loa. to: (1) Poroonal proporty owned or llood by uuyono Wtl 1'1'0- te..t anywhOl'o ill the world. (2) At your option, peroonal profll'rty owned by otl",l'. while tho property i. on your rosldon..o I.rollllsos. (:I) At your option, personal property of: (a) guests and residence elllployees while the prop- erty is in a I'eolde"ce occllpied by uuyon" w.. proteot; X (b) resldonee elllployees away from thlll'llsidcueo premises whilll actually engaged in the ''''I'vlee of anyone we pl'oteel X (4) At your option, building additions, alteration., fix- tures, improvements or installations mnde, or nC'lnir"rI at your expense, by you to residences occu~ied bY"bllt not ownod by you, fo,' an amount not exceeding J 0 X, of the Ulllount ofinsurnnce under this coverage. I'nymont will not increase the applicahle amount of insumnco under this policy, (5) Cemetery property, including monuments, head.tonea, gt'avemarkers, and urns_ X (6) Animals, birds and fish, but only while on the resi. denee premises, for the following perils covered nnder Perils We Insure Against: fire or lightning, windstonn or hail, explosion, sonic boom, riot or civil commotion, aircraft, vehicles, smoke and vandalism or malictou. mischief. X (7) Electronic apparatus while in or upon 0 motor vehicle or other motorized land conveyance, if the electronic oppn- ratus is equipped to be operated by power 1'1'0111 tho electrical system of the vehicle or conveyance while retaining its capability. of being operated by otlWl' sources of power. Electronic apparatus includes cellu- Inr phones, faK machines, radios, tape playor. nnd accessories used in cOrUunction with such apparalus including antennas, tapes, wires, records, discs Ill' o!.h"r media. X We do not pay fOI'loss to: (I) Land motor vehicles and parts. We do cover vehid",; designed to assist the handicapped, and vehicles us"d to service the residence premises, '~(lt subjcct. to motor vehicle registration. (2) Aircraft and ports. (3) Property rented or held for rental to others nwny from the residence premises. (4) Property of roomers, hoarders or tenants not related lo anyone we protect. (5) (0) Books ofaccllunt,drnwings,orother paper records; or (b) elOlltronlc datll processing tape., wires, recllrds, disks, or othllr sollware llIodia; 'lontllinlng busl. nllH8 data. Ilowevcr, wo do cove,' t.ho cost of un ilK- pesod or blank re"orda or ll1odia. I Ii) IIndios, tap" plUYllrll 11110.1 other "'1uipll1llnt or dovices fill' the recording, repl'lKluclilln, ro"eiving or transmitting Ill' sound or plCtlll'llS which mny he opllrutod by powor from the electrical system of u lund Il1lltor vllhlcle and pcrmanoutly mounted while in or IIplln that vehicle, Acces.'Klrles to these dovicos, including antennas, tapes and records are not covered while in or upon a land llIotor vehicle. 171 lIadar detectors. (HI Property sJH.'Cifically insured by t.hislll' any other instil" IInce. I!II ~;Kcept as provided under Persol/o/Properly Limita. 1;"'18, property pertaining to a business conducted away from the residence premisos unless at the time of loss such property is on the residence premises. However, WI> do not cover such property on the resi- dence premises while it is stored, held as samples, or hdd for sale or delivClY oller sale. Lilllillllions apply to the follov.~ng personal proporty. These lilltiLq do not increase the amount of insurance under Pcr. .""'lIll'roperty Coverage: 'l'otal Amount Deserjpllon of Personal of Insurance Property Subject to 10 Any One Loss Lilllitalions $ 500 . Animals, birds and fish $ 500 . Money, bank noles, bullion, numismalic property, gold other than gold ware or gold-plated ware, silver other than X silverwal'O or silver-plated ware, and platinum . Accounts, bills, deeds, evidences of debt, X letters of credit , notes other than bank notes, passport3, securities, tickets, stllmps and philatelic property . Trailers and campers not otherwise X insured whether, licensed or not . Watercraft, including their trailers X (whether Iir,onsod or not), furnishings, equipment and outhoard 1I10tors . Manuscripts . Property pertaining to a business ac- tually conducted on the residell"e premises, including property in stor- age, held as samples, or held for sale or delivery after sale, A $500 limitation X applies to any business property away from the residen"e premises, regard. less of whether the business is con. dueted on or away from the l'esideMe premises. $2000 $2000 $2000 $2000 $2500 X' Ii x x $3000 $3000 . '/'Iw{l, mlHplncing III' lOlling of gunH . 7'lw{l, miHplnclnll ('I' 10Hlnll of jewolry, wnldlOH, IIUlI, prlll:iouH nnd Heml'I''':' cioua aloneH . '1'Iw{l, rnlHplndnll or IIl1llng of allvor- Wllru, ullvor-plllted Wllre, Iloldwllru, Ilold.pllllod wllro ond puWlorwll": . l'orHonnl pl'Oporly ulIulllly .ilualcd III IIny reaidencll Ilwnod III' occuplml lry unyone we proltlet olher Ihnn a reul. denee premlHeH. l'ol'llonnl preperty In a newly-ncquired princlpnl rosldonce is not subject te this Iimllallon fer the 30 days immediately aner you begin 10 meve property IhllI'C. x $3000 x 10% of Porsonal Pl'Operty Coverage -(but not less than $2000) LOSS OF USE COVERAGE-OUR PROMISE If an Inllured propllrty 101l1l mukes your ro"ldonce "re. mises uninhabitable, we will puy ull roallonable uddltlonal living expensos while you nnd rnembel'll of your household reside elsewhere. Payment shall be for the shortcsllime roqulred to repair or replace the premlf.es or, If you choose, for you to penna. nently relocaw. These payments will not exceed a 12 month period. We will also pay for your loss ofnonnal rents rosulting from the loss, leso charges and expenses which do not continue while the rented partofthe residence premises Is uninhab- Itable. We will pey tbia loss of nonnal rents only until the rented part is habitable. If a loss from a peril covered under Perils We Insure Againsl occurs ut a nelghlxlling premises, we will pay additional living expenses and loss ofnonnal rents for up to two weeks should civil authorilies prohibit you from occupying your premises. These periods of time arc not Iimlled by tho expiration of this policy. No doduclihlo applies to this coverage. We will not pay for loss or exponse due 10 the cancellation of any lease or agreemont. This coverage also applios 10 a loss at a covered secondary location. PERILS WE INSURe AGAINST X We pay for direct physical loss 10 property insured under the Personal Properly Covcrage, except us excluded or Iimllcd herein. WHAT WE DO NOT COVER-EXCLUSIONS Onder the Personal Prvperly Coverage We do not puy for loss resulting directly or indirectly from any of the following, even If other evonts or huppenlngs contrib- uted concurrently, or In sequence, to tho Joss: (1) by collapse, other thun as pmvided InAddilionol Losse" We Will Pay, (,1) Collapse. (2) ouulI(leIhyfnlO1.lnghylompm'uluro reductionofa plumb. I nil, healing, uir condition In!!, or I1re prot.ective system, orefa housohold uppliunoo, or hy dischnrlle, leaknlle or overflow frum within the ny"tmB orllpplillnce 011 used hy froozinll, while tho dwellinll is vllllllnl, unoccupiod 01' I.,inll conntnlCtml. '1'1101'(1 is coyornl!t! if you huvo u~cd "(HHWnnhlo car'll to: (ul mlllntllin huat. In the huilding; or (h) shut off tho WUt/H' supply und drllln Ihe system or appliuncos or wuter. (3) by froo1.inll, thawing, pressure or weigh I of water or lee, whether driven by wind or not, 10 a fence, puvement, pallo,swimmlng IXx)l, feundutlon, rotuinlng wall, bulk. head, pior, whurf or dock. (.l) caused by: (a) terrnltes, insecL~, vermin or rodenL~; (b) mechunlcal breakdown, delerioratlon, wear and leur, marring, Inherenl vice, latenl dofect, nIsI, smog, wet or dry rot and mold; (c) contamination; (d) smoke from agricultural smudging or Industrial operalloDs. If (a) through (d) cause waleI' damage not otherwise exclnded, from a plumbing, heating, air conditioning, or fire proloctive system, household appliance, walerbed X or aquarium, we cover loss caused by the water. This does not include loss: (a) to the defeetive system or appliance (other than a waterbecJ or aquarium) from which the water es. caped; or (b) on the reside nee premises caused by accidental discharge or overflow which occurs away from the building where tho residence premises Is 10- fntcd. (5) caused by animals or birds kept by anyone we protect or kept by a residence employee of anyone we protect. (6) by then of property from wllhln 11 dwelling under constnlctlon unless thaI property has become a part of the building, or ofmalerlals and supplies for use in the construction until the dwelling is completed and occu. pillel. Under ltems(l)through (6) any ensuing loss not excluded is covered. (7) by earth movoment, due 10 natural or man.madeevents, meaning earthquake Including lal.d shock waves, trem- ors before, during or anel' uotcanic eruplion; mine subsidence; lands!ldo; mud slide; mud flow; earth sink. lnG, rising or shining. Dil'ect loss by Fire, Explosion, Sonic Boom, Thefl or Breakage of Glass resulting froln earth movement, mine subsidence, landslide, mud. slide, mud flow, earth sinking, rising or shifting is covered. (8) by wawr damage mennlng: (a) flood, surface waleI', waves, tides, tidal waves or overfluw of any hody of lI'ater. We do not cover <: ~':;.; , . c . c x spmy from any of thOlIO, wh"thlll' "I' not driven by wind; (b) water or sowago whleh bucks up thrllngh sewemol' dmlns; or (c) wawr belllw th" 8ul'fl\(:0 of tho ground. This lu. eludes wul",' whleb oxcrls p,'eSSUl'OllU, or nows, sceps 01' Icuks thl'lluHh uuy part of a bulldlllllol' other .tl'ucturo, sidowalk, driv"way, fouudlltioU, 0/' sWlmminH pool. We do pay 1'",' diroct los" thut follow", cuusod by firo, explosion, sonic b(lOm or tlwn. (9) by powor intm'l1Jptiou If tho inloITuption tnkes plnco away from tho rcsldenco ,.remises. W" will pay for loss to the contontsof I'ofrigerator or fl'eozor unlwan the residence I'rllmises, from olthor power or mechanical failure (oth"r than contents used for busillCII.' pur. posos), If a loss from II poril eoverod uudor Perils lVe In,911rll Against huppons on thlll'llsitlence ,.rcmlllllsas a rosult ofa powor Intorrupllon, we will cover only loss causod by that peril. We will pay for loos caused by II power Interruption occurring on the residence I'rc- mises, x , (10) by war, whether declared or undeclared, dlochargc of a nucleor weapon (even if aceldenlal), hostile 01' warlike action III time of peace or war, insurroction, rebellion, revolution, civil war, usurped powor, including actioll taken by govornmentol authority in dnfondlng against such an oeCUl'rOllce. (11) by nuclear action orradintion or radloactivo contamina- tion, hewever caused. Nucloar actien include" nuclear reaction, discharge, radiation or rudioactive contami- natien, whether man-mado or occurring natumJIy. Loss causod by nuclonr action is not considered loss by fire, explosion, sonic boom, or smoke. lfIoss by fire results, we will pay for that rosulting loss. (12) by radon gas contamination. (13) by the enforcoment of any law or ordinance reguJatinH the coastruction, repair or demolition of a building or ether structuro, un loss spccifieally pl'Ovided under this policy. We do eaveI' loss cnused by actions of civil authorities to prevent the spread of n fire eaused by a ponl covered under Peril" We Insllre Against. (14) by neglect of anyone we protect to use all reasonable means to protect COve rod prop",iy at and anel' the time ofloss or when property Is threotonm) hy a peril cave red undor Perils lVe In.9l1re Against, (15) by Intentionnlnels, meaning any los[, nrising from an aet committed by or at the direction of anyone we i>rotect with tho intent to caUllO 0 loss. (16) by acts or decisions, including the failure to act 01' docide, of any person, group, orgonization, or govern. mental body ifany peril excluded by this policycontrib. utes to the loss in any way. (17) caused solely by breakage of eyoglassos, glosswal'o, stat~ilU)'1 marblo, bronzes, brie-a-brac, porcolains,jew. elry, wntches, cameros, photographic lensos and siml- Inr fragile ortielos.1'twre is cnvorago for brcakageofthe property by 01' l'llsullint: from nl'O, lillhtnillll, willll. storm, hnil, explosion, Honlc III..m, dot 111' civil 1'''11I11I0' tiOIl, uia'eruCt, vehidos, smoko (ulllmls l:nu"ed 11,1' und. cult,ul'lll sllllldgiultor industrinl op"ratious), vlllldalislll or malielous mlschlof, then includillilattompll'd tholl, watlll' ullloss othorwiHII exdudllll, and Illllhhlll nlld lll'I'i, dOlltul tllal'lng nl"lIi, erncking, burniug 0" hlll~~lIn or a stmllll, hot wntllr 01 nil' conditlo:lill!: systom. (t II) hy dnnlpnollS ofntlno"plwl'O llI'IlXl1'l1l1lliS Ilfl"'III><'l'ntIlI'O IInll18s tho loss Is dlredly cllusod bv I'nill, snnll', ~Ioot ",. huil. . (l!l) hy dllmngo to proPllrty(othel' thnlljowoll'Y, waldlesallll furs) being refinishod, I'enovuted or ,,"pull'ed. (20) bv collision (othllr thlla colllsioll with alund I't'hil:h:l, slnkin!t, swnmpilllt or slmndinll ofwuter'c"lIll illl'1udin~ thuir tl'nilurs, furnishings, O(lulpnlllnt mul IIull"'lIl'd motors. (21) by suizul'll, dustruction 01' eonnsclllion by "...h'" Ill' un.v govemll1unt or puillie olllhority. ADDITIONAL lOSSES WE WILL PAY (1) AUTOMATIC GARAGE DOOR OPENER We will pny up to $500 for los" to pur'sonlll pl'Oporty, indudill~ the gnrage door, at the residence I'rmnl"es I'osull in~ I'l'lIm the uso or mulfunction of nn automatie gnl'lleo d"u' IIPI'llll". (2) BUILDINGS, ADDITIONS AND AL TERA TIONS PROTECTION We will pay for: (a) Roal property which pertnins exclusively to your I'esldenee I'remlses. (b) Other structures owned solely by you nl. the rl,si- dence premises. (c) Additions, alterations and impl'overncnl. ,mull' tll thut purt of tho building wllhin tho l'I,.idllnce premises. (d) Appliancos, fixtnres and building glass l'IIntuirllld. within the residence premises which lll'I' 1'111'1 01 the building. Building glass Indudos stm'm dl,,'r~, stOllll windows, sholYerdool's IInd built-in mll'l'IOl's. (e) Property which Is your inSUl'llnCll rl'sl'",",illllil.)' under an nssocintion or cOl'pol'lltlon "I' 1"'01""'1)' owners ab'l'eement. ,We do not cover 10RS to struct.u,'os usod Inll'lwlem' inl'"rl.lin' business purposes (except rental 0" holdillg iiII' "l'ul"llII' structures usod for privaw gorago pUl'polles). We will not be liable for loss causod by: (0) tennlles, insecLq, vellllin and l'odenLq; (b) mechanical breakdown, dete,,;ol'lltioll, Il'I'm' IInd teur, marring, inhorent vice, IlItent dl'Ii'I.t, ,'u.t, smog, wet or dry rot and meld. (c) freezing by wmporature reduction of II plumhlng, heating, all' conditioning 01' fi"1l pl'OlCl!tiw tlYSl.lllll, or of a bousehold applianco, 01' by dischnrge, 11'llk- age or ovorllow from within the system Ill' nJIPII- x 7 x onco cIIIlRed by frll"zlng, whilo th" dwollinJ: is vucunt, Ilnoccupi"d "'. b"ing cnnstructcd. This cnvorugo dncs not U)lllly to lund. Unh,ss othorwlnn shnwn nn tho Iloduratlons, ou,' llIllflllllt of 1n/lUrallc" fnr this cevorllgc i. $5000 pm' O(~curro.'ctt. (3) COLLAPSE We cnv"" dinlc~ phy.lenllllss to inAI"'",) prulNlrty involvln!: collapso of a blllldtng, 01' uny pllrt nf u hlllldinr., cunRod only by ono or moro of tllll following: (II) nro or lightning, windstonn or hllll, CxplclH!on, sonic boom, ciot or civil cOllllllntlon, ail'cruft, vc, hides, vunduliHIII or mnlieinus mlHChicf, brcukogc of gluss, falling ohjoelq, nr wolf~bt nf ico, snnw n,' slcet; (b) hiddllll docuy, or hiddcnlnsoct lOr verOlln dumug,,; (cl woight ofpooplo, unlmuls, contellts or cqulpmllnt; (d) woight of rain which coli ods On II ronf; (0) USll of dofectlve materials or mothods ill construc- tion, romodoling, or ronovutioll if thc coliapso oc- curs during the course nf tho cnnstruction, romod- eling or ronovoticll. We will not he liablo for loss undor (b), (c), (d)nr (e) abnvo to the foliowing property un less tho loss is a dlrcd rosult of tho collapso of a building: X Cloth awningn, fences, pavements, patios, swimming pools, underground pipos, nues, drains, cesspools, sep- tictnnks. foundations, retaining walls, bulkheads, piers, wharves or docks. ~ollapsedoes .not include settling, cracking, shrinkage, hulg- mg or expansIOn. Payment will not increase tho aUlount of insurance applying to the loss. (4) CREDIT CARD, CHARGE PLATE, CHECK FORG- ERY & COUNTERFEIT MONEY PROTECTION X We will pay up to $2500 for tho legalnbligationo[anyone we protect to pay because of then, forgery or unauthorized uso of an~ cre~it or fund transfer cord, ch"l'ge plato, check 01' negotlllble .ostrumcnt issued toor r'ob~stort,d in the name of anyone we protect. We will alsn pay for loss each time X anyone we protect un knowingly accepl. counterfeit money. No doductible applies. We require evidnncc ortoss. We will not pay for: (a) loss orising from any business; (bl loss arising [rnm llnyone we protect. :"'hen I.oss is discovered anyone we proteetmust give us Immedlat.J not>ee. Ifthe loss involves a credit or fund I.ransfor ~ard or. charg~ plate, anyone we I,,'otcet must also give ImmedIate notIce to tho issuer ofthc card or plate. Failure to comply with thll tonns and conditions of the card or plate voidn this protlletion. X If.o loss occurring during the policy poriod Is discovered WIthin ayear oller the policy has been cancellml, we will pay for tho loss. If a prior loss is discovered dUliag the policy ..~ pcriod find no othlll' In"lII'ancn o"plieH, Wll will pay for the IOHS. Wll havn tho rll:ht to InvllHtlgal" nnd fidt./tJ any e1alrn .". suit hofol'o maklllg paymonl. Full "U,VIII""t of th,: amoullt Ifr inHurullcc onds our ohliHlltiollundel' ew:h t:lairn 01' suil. Hf.lpnnlud IOH!:HHi (:JluRmllty or invulvillJ: (Illl! fu!!'srJn al'o tu ho . eonHidomd ono loss. If u duim is mlldu or fHlil ill III'Hllght IlHllimil uuyont, Wu prohllltlhr Iiahility undor t1w (,'",'c/;/ (:"nl",' Clwrg.! PIOle I'ro/cd;"", we will provide U d"',,,,,,,,. The delim,o will ho at our eXllOnso, with a Iuwyol' W" eh"""". We hllv" tho option undor t1w eli,'ell folll'/I"ry I'",tcction to dllfond ut our oxponso III1YOII" wo "rut""t or thoir hanll oguinst. It suit j'hr Uw onfcm:unwlll of IwyrlltJnl. (Ii) DEBRIS REMOVAL AFT[fJ LOSS W" willpllY tho OXIWHlS" fill' relllll"al n/': (n) debris of covol'l:d pl'll"".'ly ';,lIowlnu 'OSS IInder l'eril,q lVe lnsllI'"A/lni"sl: (bl ush, dust or PIII'llcles fWIll "nl<:ulli,: o"'HlI.Ion thut has causod dll'l:ct IllHS to u hulldln!: or property within a building; 01' (c) fallen trees which cuu:;o dumnue tn "ov"n,d prop' orty, provided CllVOl'llgl' i:; not ul1;,r/l"d "I,,,whom by this policy. lr'tlle amount ofinsurnnce applyinJ: to thu 10:;:; is "X""ustud, w.. will puy up toan additional 5% oi'l he ulllount"finsul'uocn applying to the damaged property Ihl' r",novul of /I,,"ris. We will also PIlYuP to $500 per OCUUI'l'eneo fi" tho I'omovul of fallen troos on the residence premises if loss iH el"'Hod by . windstorm, hail or weight of ico, snow cor slont "von wl",n covered property is not dnma!:ed. (6) EMERGENCY REMOVAL OF PROPERTY We will pay forproptJrty dnllluged in uny way whl'" rOlllovlld from your residence premises ht'Clluse nfdunger frOlllllll insured poril. Covemge is limitcd to u :W./lay porlod fro",. date of removal. Paymont will not Incrua:;u tho 1I1ll0llnt 0' insurance applying to the loss. (7) FIRE DEPARTMENT SERVICE CHARGES We will pay all reasonablu lil'cdopal'tlllunt :;crvl"" eharu"s I." X save or protect insured prupcl'ly. PaY"lClll i~ in uddiLilHl 1.11 the amount of insurancll applying tll tho 10:;:;. No d",Jodih'" upplles. (8) FIRE EXTINGUISHER RECHARGE lim X We will pay expenses Incnrl'od to I'odlill'go po,tllhlo extinguishers oller they orollscd to tight u lim. No deductible applies. (9) LOCK REPLACEMENT AFTEfl LOSS At your requost, we will puy up to $2liO t" I'eplllc" koys uod locks to the exterior doors of thu 1'"Sid",,,," pcomises, IIH well as keys to your other property (ao(o:;, houts, "te.!, Iftb" keys are stolen during 0 1'he(1 loss. 'I'hi:; ""VOrlll:e dlK:H "01. apply to keys and locks pel'wiuing to bns;n"ss pmporty. No deduetiblo applies. X ' x. We will pay for replnccmcnl ofauttulllllic gnragtl dIll.,. trans- mitlon; when a transmitter hilS heen stoll'lI. CuveraglJ i~ ahiIJ 1\ provided for tho cost to l'epl'Ollrnm tho fl'l"lU"'lcy 011 nddi tlonal transmitter8 and/or tho cOlltl'ol IInil 100:;. No deductlblo nppll08, (10) l.OSS ASSESSMENT COVERAGE (Applicable /0 Sec/ioll I & S",:/iol/ J/"""I',,,,,wt 1,;ubilit,Y Coverage Only) We will robnbul'SO YOIol for an nssussllwnl chmll,,,1 nllninBI you a8 ownor or tenant of Ihe rOHlelllno., Ill'mlll"..'" by an 08800latien or cerporal.lon ef pl'OpOlty own\!l':I, 1II11I\IS any othor valid alld collectible illsurnnc" IIvnilnblll III II", n:lslIcla.. tlon or corporntioll cove,;nglho snme nO.":I"l11onl.. Tim "B. se88ment must rosult frem un OllcurrllllCH cllvl'l'l'd undor this policy. Unless otherwiso shown on Iho n.,c111rutiollS, ""'" ,ullllunl of insurance for this protllclillll is $5000 1"1' n:lSO,,"""'IIt. If you are assessod for a covered wulel' loss, wu willl'II.v y,~"r sharo of the cost of tearing elll and I'eplednll ""y 1'"1'1,,1 "!l insured location noccssary to ropnil' Ihll sY>lL"'" "I' "pph- once. T!-e policy deductible applies under Stoc/;1I1/ IlInly. We will not pay if tho loss is caused by eal'lh'1uIII;1' III' I""d shook wavos or tremors which eccul' befol'o, dUl'inll "I' IIlkl' a volcanic eruption. We also will not pay for any 109s assessnllml~ chlll'lI,'t1 h.v a governmental body, ~ (11) MECHANICAL SERVANT AND ROBOT PROTECTION We will pay up to $500 for 10SR to personal pru""l'ly 111 .Ihe residence premises caused by malfunction orn lI",dHlllleal servant or robot. (12) NECESSARY REPAIRS AFTER LOSS We will pay tho reasonable expense for necossary I'opllil" 10 protect covered property from fllrthcr damafle allor 10"' h.v.n peril covered under Perils We I/lsure Agoiml. ('IIYlllonl will not increase the amount of insurance npl,lyinlllo tl", I"". ( (3) NON-OWNED RESIDENCES We will pay up to $1000 1'01' 10RS by thollnlld VlIlldllli>llllll1' malicious mischief to rcsidences ocellpied by blltlllll. lIWlled by anyone we protect. (14) TREES, SHRUBS, PLANTS AND LAWNS We will pay up to an addilional 10% or Iho '""0",,1 of insurance undor Personal Properly Cot'c/'OlIc 1'111' I"s" Lo I.I'l'OS, shrubs, plants and lawns 01 the ,'esielence prm"ises. Coverage applies enly to loss caused by IIIIl rollowi.nlll":I'i1s covered under Perils We Insu,,~ Ag,,;llo/: nl'U or 11111111111I11, explosion sonic bonm riot 01' civil clllumllLioll, "h'o,'ufl, " . II I' vehicles, smoke, vandalism or malicious m;,:chitol,"" I 'l' L. We will not pay for: (a) more than $500 on allY 0"" Iree, .hl'lIl> /II' pili Ill: (b) damage to lawns by vehicles owned or op"rllll"\ hy a residcnt of the residenct] premises; (c) trees, shrubs, plants or lawns gruwn 1111' hu~ilU'ss purposes. OEDUCTIIII.E w., will ""~ I~>" I,,,,; mill"" II" ;".J"ct,bl" showu on the 1l"u1nratl,,"" IU,'ht.evolllllf h" ,'. ':';; IllPasO/lIIl l'l'Oper/y X Illld l/ujld;Il~.<. ..\,,,I'/lOn.,, All"":. .....' 1'/'0/,,,.'1;(1/1 at the r.ml, dmum l)rt.'I~,i!'lt'l'i frum II wVI'l'\\l...\. '.,:, ltw dllductiblo will not "pply. '1'1", r1educlihk ,iI,,'; nolnp,,'." 10' (n' lA~.':.~ I{ C:,., COVf.'I't1,I:.' (b, e,..,,::: Card, e/lll/'g,' r:,.., CI,,'ck fo/'g~/'y & COUll' "'1'/1'\; .l/onty I'ml",'I:,',' Ie) Firt' D..'parlml!fll S'''';''.~ : 'W rgl.!s , (d, Fir.' Exli.gui.,/",,. ,,'.... .... ~<','. (0' l.ock R~plattm"1/1 ,W,", : '.'.'.'. RIGHTS AND DUTlES-l'uNDITION.5 (1) ABANDON/,IENT or PI;,'.':: ::;TV We will not acc~pt ftband,""'d I't\".y:,~'. (21 APPRAISAL !fyou and wefail toagr~e '''~ I h,' ,l:".;ant ofloss, either party may make \l7111~ndeman,II,,1' ,\1\ .\';"rai,al. Each party will ,elect an ~pp.raJ5eI"OO n"I.II~' II". ::her of the appraiser's ,dentlly \\lthm 20 days "Il,,,' I. 11,' ,;,":nand is received. The appraiser? will ,elen a c"mpl'l1'\1: .,,:d impartial umpire. If the appraisers are u~ble t" a~rl'l' ";',',~ an umpire within 15 days al\.er.both appmsers """" 1,','\\ identified, you or we can.ask a Judge ofa ft~lI't or 1"'I'lll\\ \:; the statc where your rcsldence preun-1S locIII,'1I '11' ",'lect an umpire. The appraisers ,haD chon "l'I. ih.. ;,mount of loss. If the appraisers submit a...ntlAJn """'1'1 ,,:';In agreement to uS,the amount agreed upon. shall I., 111,' ."nount of loss. If they cannot agree, the~'..-ill suhmill h..". ditTerences to the um- pire. A written a\\'ud by Iw" will "":ennine the aml)unt of 1055. Each pany \liU pa~'lht.apprai>l,'r il ,:">,,,e5, and ~qually bear expenses for the U~p1", unrl all <>:::l'r expenses of the ap- pr3l,al. Howel'er, I~ tho w~.I.I"\1 d,'mand for appraisal is made by us, we ...ill pay Ir~r III., I\':!,onable cost of your appraIser and ~'our share fll tilt' \'\\~t (If the umpire, We will not be held to bfAVI' wai,I''' ;In'' ridhts by any act relaled to apprai.aL . ~ ,3, AUTOMATIC ADJUSTMEN I OF COVERAGE X AMOUNTS This policy pro,-ides you wilh II lill:lrd against the etTeet of inflation on your per.onal pr"pl'l'l)'. The amount of covcrage you bave toda~' may IIOt.'''' 1"'"U~h h' replace youI' personal propeny at a later date In UIlI ''''1'111 "f ,erious loss. We I\ill kl:ep track olcoHts ","I al 1 h,> next policy period we 1\111 adJus! the amount ,,cyn,,r t""\<<":al Property Coverage If necessary. Adjustments in ~'ourLr).\.\ ,>{ /I.,,' (''''','roee \\;11 also be made proponi,,~atel)'. Your pr~mill'" will be adjusted at each polic)' ""nod to reOetl any ~h""~:,, i" the amounl of insur- ance. 9 (4) ERIE OPTION lfwe giV\\ you wrlllllnnollcll wllhln aOdllYIIIII\1!1' WI! rmi\llVll your alb'1wd, awo,'n 1I11l1mnonl of 101111, WI! IlII1Y rllllllil' 01' lopla(:o IIny plll't of lhll pl'OIMlI'ly dlln\ll~m' wIlh "'Iulvalonl pro\lorty. (5) GLASS REPLACEMENT 1..oIlSto~IIIIIS cauRod hy allllril covered ulldlll' I'"rilll IVI! I,I.",/," Against will he 1I011lml olllhll hlllllll ofr..plllclllIllllll wllh lIafllly glazlnll mlltOl'llll1l whell r"'IlIirOlI hy IlIw. (6) INCREASE OF HAZARD Unlosll we agree hofol'ehand, cuvorago Is IIUllp,,"dod If lhll hazard is suhstantilllly increa.ed hy any nJe1l1l1l wilhln lIw control or knowledge uf anyone we .,rllte"t. (7) LOSS PAYMENT We willsellle any claim fur luss wllh Ylln ur anyullelhal hllll a legal lalllresl un Ihe property. W" will pay wIlhl1l ao days after we recoive Yllur proof of lOllS alld Ihe allloulIl of 10so is finally determined by: (II) agreemenl helween YOII alld u.; (b) .111 appralRal award; 01' (c) 0 court judgmonl. (B) LOSS SETTLEMENT Personal Property. X Loss settlement undor Pusonall'roperty Coup.rage will he on an a~tual cash value baSIS. This means we will doduct for deprecialion. The aelual cosh value will he detcnnlnod at the lime ofloss. Bui/dings. Additions & Alterations. Loss settlement under buildings, addillons IInd al\orations will be on a replacemenl cost basis. This means we will not deduct for depreciation. In no cvent will settl1!11lont exceed the amount necessary to repair or replllce the damaged property. We will pay no moru than the actual cash volueofthedomage until the octual repair or replacement is comple!"d. How- X ever. when the loss is less than $2500 and less than 5% oflhe amount of insurance I1ndel' Persona/Properly Coucmg", we will poy the full replacement cost before actual rcpalr 01' replacomcnt is completcd. You may disregard the replacement cost provision ond make claim for loss or dmnage to buildlllgs, additions and olt"l'- a\.ions on an actual cash value bosis. However, you stili havc the right to make claim within 180 days undo I' this Loss Seltlel/llmt provision. (9) LOSS TO A PAIR OR SET In case of o loss to 0 pair or set we may: (a) repair or reploce any part to I'esture the poir 01' set to its volue before U),e loss; or (b) poy the dilTerence bCtween aelual cosh value oflhe property heforo and ofter the loss. "~ -. u.........-...- (10) MORTGAGE CLAUSE LllSS I1l11lor covonld "l'oll\lrt.y IIholll,,: I'oyall'" III ","rt~a~cos IIl1n,,"llln tho \loolllrnllonH, 10 th" oxl.,,"l ,,1'1.11"'1' Inh'mst IIl1d In the ord"r of "r",:"dlllll'''' Our Duties WIlwill' (0) "roulet, thl' mOl'togllo's inlol'<'51,' in '''' In'lII'cd building. '\1.111 "I'Oulction willnllll,,' invlllidaled by 'lIIY aet or nogle<:l of !lnyonll "" "rutllut, any brmlch of wlIl'l'IInty.IIII:t'llllIlC in hllwrll, "lIonge ef ownefllh\p, or foreclosure If tllll "",,'1.11"1:"" has no knowledge oflhese conditiollll; (h) give 1lI0rtgogee ao dnys notkll\ll'li'l'<' ""lIl:.,lIilllon X or rofusat to contilllUlthis I'oli,'Y. Morlgagee's Duties 'fho mortgagee will: (al furnish proofofloss wilhill (iO dll)'" il'yu" r"il \,,,iI, S{)~ (b) pay upon demand allY "remium d,,,. il YUu fl,iIlJ, do so; (c) notify us of any chong" of OWlllll'5l1il' cor """" 1'"III:Y or any Increasc In hazlIl'd or which till' /II,,"'.gllg"" has knowledge; (d) give US the right of I'ccovel'Y ogllill5t ""Y I'''''''Y liable Cor 1008. This shall not impnl'" hll ",,,rlglll:""',, right to recover the full amount "I' th" ,"",1.II"W' debt; (e) after a loss, pennit us to aatiBly Uw fIl0,.,.gllV," requirements and receive fulltrI1I1Bli.rlll'l.l", m""" gagc and all securitics ho1<\I1" ,.,,11111."1',,1 II. 1.11', mortgoge debt. Policy conditions relating tc Appraillo/, 1.0"'< l'o.Y1l".1I1 11,,01 Suit Against Us apply tc tho m"rlHl1gec. This mortgagee interest provlsiell shnlll1pply 10 III1Y 1.1'11,'):1' or loss payee named on the Decll1,'nUons. (11) NO BENEFIT TO BAILEE . This insurance will not in ony WilY IWl\l'lil IlIlY 1,,'''HI''1 111 organization who may be cl1Tillg for ,,1' lu,,,,lIillg your 1""1' erty for 0 fee. (12) OTHER INSURANCE lfheth this insurance and other illsurallce apply I." 111"",, wI: Will pay our share. Our shore will he tlH' \1I'OI""'1.i"""'" 3mountthat this insurance bears to ttlll lolnI110""1111. 01' "II applicable insurance, except insurnnce ill II", ",,"1" 01' I.., association or corporation ef properly 0\VIIor5. If there is other insurance in the nnmc uf un mIHut'inl.i"tll" corporation of property owners covering lilt' ~nllll' pl'Upllrl.'/ covered by thiS policy. the other III~UI'III\l:e "I'plil:8 Ii 1'81" (13) PERMISSION GRANTED TO YOU Coverage applies even when your resldell"e l.rl.IIIIN"" "'. vacnnt or unoccupied. excert os Iir,'ltcd undl'l' ~:Idll";'''' (~I. . Secl;o/ll. ~ I I ~l l~ 10 Voulllny mnko nltfll'nlioulI, IIdditiolHl nud n'plllrllto ~our . building, nud cOlllpllltt! lItructuroo lindoI' couatmclion. VIlU may wolvo YOIII' rlllhta to rocovor.y ollnlnllt llooth",' Involving tht! iullllrod pnpfllty. 'I'hlalllUllt ht! douolll writiull p.;or to a 101111. (I") RECOVERED PROPERTY If we hllvo nllult!pllynlllnt oupl'olllnty which hllllllltllr b"'lII rocovorod by Yllllor ua, you fll' Wll will notify t1wotlwr ofthll roeovery. Vou bllvo IIrillht to tho rel:ovorvd propfllty.lfYIlII elect to havo thopropllrty, YOII willrepllY UlI tholllnolmt Ill' our payment to you. (15) SUIT AGAINST US We lOllY not bo suod nnllls!! there Is full complillncowith oil the tonns ofthispoli,y. Suit mustbo brought within one YOllr (V A-2 yoors, MD-.-3 yoo",) lilloI' tho loss or dllmllllooccllrll. (16) YOUR DUTIES AFTER A LOSS In coso of a covfll'od 10.., you IIIUlIt porform tho following dutios: (a) givo us or our Agont Immodiate nolice. If a theft Ions, also ootify tho police; (b) protect tho proporty from furlho.r damage. If nec.. essary for propOl.ty proteclion, make roasonablo repairs and keep a record of all repair costs; (c) furnish a complete inventory of damagod proporty including quantity, actual cash value and amount of loss c1aimod; (d) produeo for examination, with pennission to copy, all books of accounts, bills, invoices, receipts and other vouchors as we may reasonably require; (0) show U8 or our rOl'rtlRnntlltivo th" dlll1luged I'I'OP' orty, lis olWn IISIllIlY h" I'OIlHOllllbly rO{IIJired; (I) submit to nXllminatllll~'1 unclm' ollth IIlld sign u trullllCript o( tho AIIIl"'; (II) 1lll/1I1 U8, within 00 clllYs "nor tho losH, youI' lIigllod Inlcl Awom to Imx.f' of 10As sllllomollt which ill- c1uclos: I. I.hne om' CIlUIlO of loss: 2. your illterll!!t III till! prupm'ly Ilncl th" interest of all othorll InvnlvIld; 3. OilY encumbrullcell on tho pl'Opill'ly; 4. other policies which IIlIlY covor the lOllS; 5. anychan~oR in titlo, URe, occup"ncyor possos- slon orthe property which ocL:>rrecl during tho policy term; 6. when required by liS, IIIlY plans, specifica. tions and esthnotcs fur the ropair of the dalll- aged building; 7. the inventory of damaged proporty as pre- pared in (16) (c); 8. rtlCeipts for any additional living costs os a result of the loss, and records of pertinont rontal loss; 9. in case of claim undor Credit Card, Charge Pia/e. Check Forgery & CUlmterfeit Morwy Protec/ron, an affidavit stating amount, time and causc or loss. SECTION II-HOME AND FAMILY LIABILITY PROTECTION PERSONAL LIABILITY COVERAGE- OUR PROMISE We will pay all sums up to tho amount shown 011 the Declarations which IInyonc we protect becomes logally obligated to pay as damagos because of personal injury or proparty damage rosultinll from IIn OCCUITence during this policy. We will pay for only personal injury or prop- erty damagc ~overed by this policy. We may Investigate or settle any claim or suit for damages against anyone we protoct, at OUI' oxpense. If anyono We . protect is sued for damages because ofpers"nal injury or property damage covered by this policy, we will provide a defonse with a lawyer Wll choose, even if the allegations are not tme. We are not obligated to PIlY any claim or judgment or defend any slIlt if We have already used up tho IImount of insurance by paying a juclgmellt nr sottlement. MEDICAL PAYMENTS TO OTHERS COVERAGE-OUR PROMISE We will pay the necessary medical expenllt1s incurrod or medically detcmlined within throe yoars from the dllle of nn 11 accident causing personal injury. This three-year limita- tion does not apply to funernl expenses. Thin coverage does not apply to you or regular residents of YOllr household, other than rORidence employeos. '1'0 others, we will pay only in the follOWing situutions: (1) To a person on an insured locution with the pennis- sion of anyone we protect; or (2) To a person ofT an insured locntion if the Jlersonal injury: (a) arisesoutofa condition on an insured loentionor adjoining ways; (b) i. caused by the activities of nnyone we protect; (c) is caused by a residence employee in the course of employment by anyone we protect; (d) is caused by an animal anyone we proteet owns or is caring for. Paym~nt under this coverage is not an admission of liability by us or anyone we protect. x WHAT WE DO NOT COVER.-EXCLUSIONS PERSONAL lIABllITV COVERAGE MEDICAL PAVMENTS TO OTHERS COVERAGE We do not cover undor l'ersOIlOt l.iability Coverage nnd Medical Payment" 7'0 Others COII<!ralle: (1) Perllonlll Injury or property dnmug" o~p'lcted or intonded by anyone wo Pl'Ot"ct. (2) PerllonllllnJury or prop"rty damnge arising out of bush\,,"s pursuit.~ of nnyono we protllct. We do covor: (a) a<'tivitios normally considorod non. business; (b) business pursuitsofsalosporsons, colloctors, mes- sengors and clerical omco workers employed by others. Wll do not cover installation, domonstra- tion and servicing oporations; (c) business pursuits ofodueators whilemnployed by others, including corporal punishmont of pupils; (d) incidontal business activities of anyone we pro, teot. These inelude baby-sitting, caddying, lawn care, newspaper delivery and other similar activi- ties; (e) the ownership of newly-acquired one or two family dwellings, but only for a period of 30 consecutive days after acquisition unless described on tho Declarations. (3) Pel'Sonal injury or property damage arising out of the rental or holding for ren'tal of the residence pre- mises by anyone we protect. We do cover if the residence premises is: (a) occasionally rented or held for rontalto others as a residence; (b) rented or held for rental in part as a residence, unless for the accommodation of more thun three roomers or boarders; (c) rented or held for rental in part as an omce, school, studio or private garage. (4) Personal injury or property dumage arising out of the rendering or failing to render professional services (other than professional somces rendored by educa- tors). (5) Personal injury or property dnmage arising out of any premisos owned by or rented to anyone we pro- tect which is not an insured 10<Jation. This exclusion does not apply to pefSonal injury to a residence employee arising out of cond in the course of employ- mont by anyono we protect. (6) Personal injury or property dllmage arising Ol,t of tho ownership, mnintonance or uso of: (a) ull'craft; (b) any land mot.or vehicle owned or oporated by or rentod or loa nod to IInyone we protect x X X X W" do cover motor v"hicles if: I. ullCd exclusively alau h\sllI'od locmtion und nat Huhjoct to molO!' vohielel'Ogistrutien; 2. kept in doud Htomgo ut un IIIHUrctllocatloll; 3. arccl'eatiUlulllund 1lI01Ul' vehiclo not designed Q for uso on public /'<lads wililo ut an Insured locutloll; 4. u golf eart, WhOI'OVCl' usod or locatod; X 5. a IIlWII or limn type vohicle or snowblower, X wherever usod or locauld, If not subject to motor vehiclo registmtion. (c) watorcraft: .1. owned by or frequontly rented to anyone We X protect ifit has Inhoul'd or inhoard-outdrive motel' powor of more thulI 75 horsopowor; 2. owned by or frequently ronted to anyone We X IJrotect ifit is a sailing vossol26 feet or moro in length; or 3. powored by ono or moro outboard motors with 1II0re than 75 total horRepower oWlled by X anyone we protect al. tho beginning of the policy peliod. However, If anyone we protect acquires )( watercraft, regardless of horsepowor, cover- ago applies during tho policy poriod, If the watercraft is acquired within 60 days of the ond of the policy period, we will provide cov- erage for a maximum or60 days. We havo the right te charge you an additional premium, Exclusion (6)(c) does not apply while the \Va- I tercraft is stored on shore. ~~~, Exclusion (6) does not apply to personal injury to any residence employee arising out of and in the course of omployment by anyone we protect. We do not pay for liability arising out of the negligent entmstmentof an aircraft, motor vehicle or watercraft covered undor this policy. We also do not cover statutorily imposod vicarious parontalliability for the actions of a child or minor using an ulr<Jraft, motor vehicle or watercraftexcluded abovo. ('I) Personal injury or property dllmage arising out of war (declared or undeclared), civil Will', insulToction, robollion or revolution. Discharge of a nucloar woapoo is considered a wal'likc act oven if accidental. (8) Pel'SonallnJury or property damage which arises out of or results from a communicable disease or condi- , tion transmitted by anyone we protect to any other person through a parasite, virus, hacteria or any other organism. (9) Except liS provided in paragraph 2(c) under .Whal We Do Not Cover-Exclusions, Personall.iability, Medical Payments To Others Couerage,' pefSonallnJury or ' property damage which arisos out of the sexual molestation, corporal punish mont, or physical or men- I,-~. tal ahuse by anyone we protect. (10) l'el'SOllll! illJury 01' 1"'Olwl'ty damage which OI'illO" out of tho URO, 8ulo. lIIulIufocturo, dolivory, tmn"fOl' or pOII"o""ioll hy OilY pOl'II0n of u COlltrollod SUhlllallCO(II) "8 <<oOllod hy tho l?odol'Ul Food DIllI OnJIl Low Dt ~ I U,S.C.A. Soctiom, 81101ld R 12. Controllod Suhslallco!l Includo hut OI'Ollot lilllit.or! to (:OCUillO, 1~'jD, lIIorijUUIIU Ollr! ullllurcoticdl'ugll. HoIYOVCI', this oxelusloll d",," not. upply to thologitlrlluh, UllO or Pl'IIscriptloll drugll hy u p"l'llOll filllolYllIg tllll (,l'(lort) or u IlcOl190<< phYhlciull. (I I) Ptll'SOIlIlIlnJury or 1"'OI"'I'ly dllnlllgo which arl!lOll out of tho dillchr,rgfl, dillpOllOI, 1'0100110 or j'"CUIIC of: (0) vaporll, rumes, ocldll, tflxic clwllllcl,I", toxic Iiquidll or toxic gosos; (hl waste materialll or othm' il'ritalll', cOlluJmlnolltB or pollutallts. We do not cover ulldor Personal Uability Couerage: (I) Liahility ossulllod ulldor any ol'Dl contruct ar agroo- mont, or by contl'nct 0" agroomont ill connoctloll with any busines" of anyollo We protect. (2) Liahility for your sharo of allY loss assessmentchal'ged against all members of an association or cOI'p"rntian of proporty owners. This exclusion doos not apply toAddi- tional Losses We Will Pay, (10) Loss Asses.,mcnt, Section 101' this policy. (3) Property damage to property owned by anyone Wo proteet. (4) Property damage to pl'Operty rented te, occupied or used by, or in the care of anyone we protect. This exclusion does not apply to property damage tauoed by Fire, Explosion, Softic Boolri or Smoke, or byactiden. X tal discharge of water from a waterhed or aquarium. (5) PersonnllnJury to any perRon oligible te receive any benefits required to be provided or voluntarily pmvided by anyone we protect under any workers' comp"nsa. tion or occupational disease lalY. (6) Personal injury 01' property dmnage for which anyono we protect is covered under any nuclear energy liability policy, orwould becovored ifitsamollnts of insurance had net boon exhaustod. (7) Personal injury to employees of anyone We pruted arising out of employmont. This exclusion does not apply to bodily injm-y to a rosldont "mployec aris- ing out of and in tho courSll of omploymont by anyone we protect. (B) Undol' purts (2) and (3) of Plll'sonal injury, injury caused by willful violation of a laIY or ordinnnce. (9) Under parl' (2) and (:I) of pOI'sonal injury, injury arisingolltofcivic or public activities pcrfonned I'm' pay by anyone wo prot"et, (10) Suits 1'01' libel, slandor or dofamot.ion of character modo against anyone We proted irthe publication or stato. ment: I.a) took pl~Cll borel'O tho effective date of thiR insur- uoce; or (b) IYas knowingly untruo. Umlol' Medical f'(1'yl/lelll.~1h Otlwr.~ CO/Je,."gc we do not covel': (I) POI'Honullnjlll'y to a I'''sidoll'''' lUlIployo" if It ocellra o/l'un hlslll't,d IOt'utlollllnd dOllS not uriso out of 01' in thn Cnll"sO of ell1ploymont hy nnyon" wo protollt. (2) PorHOIllllllljury to any I"',,"on "Iigihl" to r""oivo nny honomll roquired tolHI Jll'Ovidnd 0" volnntllrily pl'Ovided lindoI' nny WOrkfJI'H' cnmllUllHution 01' occupulionul dig. emw law. (:1) PorsonalinJury frolllllny nu!'llJlII' rellction, rodiotion 01' rlldiondivu contamination, OJ' nllY consequonco of llllY oftlulSo. WHAT WE ALSO PAY Paymont for tho following is In addition to the amounts of insul'nnco shown on tho Deelarllt.lons. (I) CLAIM EXPENSES Wo pay: (a) 1111 eXJloll.'lI'S We incur und all cosl, ogllinst any- olle We protect in a suit we defend; (b) premiums on bonds in a suit wo defond, but not for bond IImounts grooteI' than tho limit for Per~onal . Liability Coverage, We will 0190 pay up to $500 for X oach hail bond requlrod of anyone we pl'oteet because of an accidont or traffic violation arisuig out of the use of a vehicle covered by this policy, We have no obligation te upply for or furnish bonds; (c) reasonable lawyers' fees up to $50 that anyone we X pro teet incurs because of arrest resulting from an accident involving a vehicle covered by this policy; (d) roasonahle expenses Incurred by anyone we pro- teet at our roquest. This ineludes actual loss of earnings (but not 10Rs of ot.her income) and vaca- tion timeor othor beneOtloss up to $100 per day for X holping us in the invostigation or dofense of any claim or suit; (0) all interost on the fulllllnount of any judgment on a suit We defend until we oller or deposit. in court tho amount for which wo arc liable; (f) Pl'Ojurlb'lTlent intol'ost llwal'dod on the ameunt of tho judgmellt Wo PllY. If Wo offor to pay the applicahle amount of inslll'ance, we will not pay any projudgment illtorellt for the period of timo anor tho offol'. (2) DAMAGE TO PROPERTY OF OTHERS Wo pay, on II roplllconltJnt cost basis_ up to $1000 pOI' X occun'once for property dlllllagc to pl'Operty of othors Cllllsod by anyone we protcct. ThiR covel'llge also npplios to proporty of othors ill tho possession of anyollo we pro teet. X Wo will Of't I"'V for propel1y dllmllgt" (a) t.o tho oxtent of Ilny amount I'ocovcrllblo under Scction 1 of this policy; (h) cllusod Intontionllll.v hy IlIlYOIIC we proteet who hall llttah..,d the age of 13; (c) to IIl'op"rty ownod hy Illlyone Wc protoct; 1:1 (d) to property owned by or mnled to u !cnunt of onyone we protectorul'llNidcnt ofyuur hou"u~ hold; (0) arislnlf out of: 1. au uct or omiaoion In connuction with u pro. millo" (otho! limn nn Insured locution) owned, rllntml or conlrollod by unyun" wc protoet; 2. busln"8a pursullq; or 3~ ownerahip, IllUintcnnllco or uso of II motor vohicle, aircraft or watercraft. Wc will PIlY for property dumago to uluud motor vohicle dosigned for rccrealiollul use off public ronds whilo in the JlOsaos.qian of or causod by ony. ono we protect if: a. not subject to motor vehicle registration, und b. not owned by anyono we protect. (3) FIRST AID EXPENSES We pay reasonablo oxpensos forfirslaid toothor peruons and X animals at the time of an accident involving anyono we proteot. (4) LOSS ASSESSMENT--PERSONAI. LIABILITY COVERAGE ONL Y See Loss A,sessment, paragraph (10), See/ion !, Additional Losses We Will Pay. RIGHTS AND DUTIES-CONDITIONS (1) BANKRUPTCY OF ANYONE WE PROTECT Bankruptcy or insolvency of anyone we protect or anyone we protect's estate will not relieve us of any of our obliga- tions under this policy. (2) DUTIES OF AN INJURED PERSON--MEDICAL PA YMENTS TO OTHERS COVERAGE The injured person or someone actiegon behalf ofthat person will: (a) give us written proofofclaim, as Soon as posslhle, under oath if requirod; (b) sign papers at our request to allow us to obtain medical reports and copies of records. The injured person will submit 10 mentol ond physical examination by dodors selected by us as often os masonably required. We may pay the Injured person or th" provider of the services. (3) LIMITS OF PROTECTION This insurance applier. separately to anyone we protect. Regardless of the number efpeople we protect, claims mode or persons injured, our totalliabilily under PerRo/wi Liabil. ity Coverage for damages resulting from one occurrence Will not exceed the amount shown on lhe Declarations. All pers/lnullnjury and property damage resulting from one accident or from conllnuousorrepealcd exposure to the same general conditions is considered lberesult of one occurrence. Our t.otalliabili&J undflr Mcdicllll'uYlllc,lt" To Otllers COVI"" age fill' allmlldlealllXp(lIlSe pllynhl" for Illll'.onullnjury to nny (JIW persOll will not llXClltlll t1w "Each Person" amount shown on the Doelaratlons. (4) OTHER INSURANCE-.PERSONAL LIABILITY COVERAGE 'l'his insurunce luxeess llVlll' any other valid IInd collecllblo insurnncu. II_or, if lhll otllllr insurullce is spucifi""lIy writ.wn as oxcesalnsurnncn ovur this policy, tho 1I1111t..q of this puliey upply fin&. If lit tho timll oIbii thmo Is otlwr insufUllee in the nalllo of an associationorcorporutllln of proporty owners covering tho salllu proporty _ored hy this policy, tho Insuranco afforded hy this policy shall be OXctlSS ovnr the amount recovernble under such other illsumnce. (5) SUIT AGAINST US The temlS of this policy must be complied with before suil may bl' brought against us. The legal liability of anyono we protect must be doler- mined before SlIit under Pcrsonal Liability Coueroge may be brought against... This detenninotion may be by a court of law or by wriUa agreement of all parties, including ua, No olle has the richt to make us 0 party to a suit to determine the liability of ...yone we protoct. (6) YOUR DlInES AFTER A LOSS When there is aD IICCldent or occurrence allyone we protect will: (0) notify .. or our Agent, in writing, as soon as possihle, slating: 1. JOIU' nalllo aod policy number; 2. the time, place, and circumstances of the Mcident or Decurrence; 3. names and addresses of injured persons and witnesses; (b) send lII!I promptly allY papers that relate to the. accident or occurrence; (c) at our request: 1. assist in making settlement; 2. help us enforce any right of recovery against any party liahle to llnyone we protect; 3. asaist in the conduct of suits; 4~ attend hearings and trials; 5. ~re and give evidence and obtain the at- Iendance of witnosses. (d) u nder the coverogeDllml/ge 7'0 Property O(Otlle/'s, snnd lIS, within 60 days of the loss, sworn proof of loss. Anyone wo protect shall also exhibit the damaced properly if \vithin their control. Anyone we p~t will not, except alone's own cost, make payments, assume obligations or incur expenses, other thun for first aid to other persons Ilnd animals at the titTle ofthe personullnjury, ---, I: "nj>l' {' I...~' '---" 1,1 SECTION III-RIGHTS AND DUTIES-GENERAL POLICY CONDITIONS ... We, you and anyono olso Ilroloctml by this policy must do certain things in ordor for the IomlS of tho policy to apply. (l) ACCOUNTING (Eri" In..uran." Exchang" Only) X Erio Indemnity Company may keop up to 25% of the pru. mlum written or assumed by Erio Insurance Excllanllu os compensation for (A) btlcOlning and acting OR Attorney-In- Fact, (8) managing the business and affairs ofErlo Insuranco Exchango, its affiliates and subsidiaries, and (e) paying Ilenersl administrative expenses, including salen commis- sions, salaries and employee benefits, tnxes, rent, deprecia- tion, supplies and dam processing. The rest of the premium will be placed on the books of Erin Insurance Exchange. We will deposit or invest this amount as permitted hy law. This amount will be used to pay losses, loss a<\justment expenses, investment expenses, damagos, legal expenses, court cost.~, taxes, assessments, licenses, fees, and other governmental fines end charges, establishment of reserves and ourplus, and reinsurance, and may be used for dividends and other purposes Erie Indemnity Company decides are to the ndvant..lge of the Subscribers. (2) ASSIGNMENT Interest in this policy may be transfelTed only with our written consent. If you die, the policy will cover: (a) anyone we protect IYho is a member of your household at the time of your death, butonly while a resident of the residence premises; (b) anyone having lawful possesaion of insured prop. erly until a representative is appointed, but only until the end of the policy period during' which your death occurs; (c) your legal representative, but only while perfonn- ing duties as your representative and only until the end of the policy period during which your death occurs. (3) CANCELLATION Your Right to Cancel You may cancel this policy by mailing or delivedng to our Agent or us wlitten notice stating at what future date you want the cancellation to tnke effect. We may waive these requirements by confimling the date of cancellation to you in writing. Our Right to Cancel or Relllse to Continue We may cancel or rofuse to continue this policy by mailing you written notice stating the effective date of ollr action. Our action will comply with the Iowa of the state in which your residence premises is located. We reserve the right to concel for your noncompliance with our premium pay- ment plans. We do not waive our right locaneel, even if we have accepted prior lotc payments. Our callCt.llation or refusul to wnllnue thit! IKllicy will not take elToot unlilut least 30 duyn (Mul'ylllnu--45 duys excopt fill' nen-poymont of premium) UlUll' we send it. Method 01 Giving Notice Mailing 1I0tice to tilt! addrllss nhown on tho Declarations will be sufficient pnlOfofnotil:o. Tho policy period will end on the daw and time smted In tho notico. Return of Premium If your policy in colKelled by you or Ul>, we will return the pro rota unusedshareofyeur premium. Cancellation will be effcctive even if we have not given or offered any return premium. (4) CONCEALMENT, FRAUD OR MISREPRESENT A nON This entire policy is void if, before or aner a loss, anyone we protect has inwntionally concealed, or misrepresented, any material fact or cimnnstance concerning t.his insurance. In the event of a fraudulent claim, we will not make payment for the Ics.~. (5) COOPERATION You agree to cooperole with us by: (a) truthfullyoompleting and promptly retumingques- tiennaires and audit forms about this lnsurance; (b) permitting and helping with inspections and au- dits; and (c) complying with specific recommendations to im- prove your risk. (6) HOW YOUR POLICY MAY BE CHANGED This policy confonns to the laws of the state in which your residence premises is located. If the laws of the state change, this policy will comply with those changes. You may change your policy by asking us. Your request must contain enough information to identify you. A~king our Agent is the same as asking us. If we agree with your request, we will then issue an Amended Declarations. We will give you the benefit of any chango in coverage made by us, ifit does not require additional premium. '1'his change will be effective 00 oHhe date we implement the change for you in your state. If the information we use to detennine the premium for your coveragc(s) changes during the policy period, we may adjust your premium. Premium a<\justments will be made using \ rules and rates in effect. for our use. (7) NO CONTINGENT LIABILITY (Erie Insurance Exchange Only) You will nol. bo assessed for the losses of Subscribers. (8) OUR RIGHT TO RECOVER FROM OTHERS Mor we make a payment under this policy, we will have tho right to recover from anyone else held responsible. This right 15 .;'t)i;1;."- ,. '\'I:c.1'O\\., \\,.\'\1..0 0".(,1;" ~\,,\'.\1.. \\~~, \'119'1) \,\0 \\\,.\'P-' ,- 'It p-O\.lt' ~ . SUP-I\\'\Ct. G ~ fP-I\:. IN ~C. RStt-J\t~1 \ deleted 'I t~OO COl\\\I\lle ~ p..10R Reh",e \., .... t-J\t~O cancel .~' \I\e.\'. ,... Ri\\h\ \0 '1\\\ .\lll~\I\ COI,\\I\"e \ (01 0\1' (olio." , I.e \ll \ on ~ , "nd \I,e I 01 \te" . I '1' ",,\ c~ 'I\in\\ 0\ , Ca"ce . Ie \ " I'. ",I \ \ \0 0\\\\\'\ \10\\ \\\ 0,,1 11..\':1.'. h,.e \1' c o\il~il\~' (,0 \ 01 Ie b~ 1\ \\lan ",a~ e",)Ce a\ell belo~"e. e\~e"\' e\ (01 \e.'. ,eel (01 '~~ ,ea'O\\' '~\la\iO\' \a\:. . "ee\\ il\ e~e ",e """~d o~ belole \ ,e dll\e ea\\e \ic~ hll' \ ",i\I, "'\' a.1 10 a ,he \,\<; t'o enewn u 30\ e., \. \III,e\\ \ d I. ,,0\ a ~\i\~il\\\. ~~. 60 da~" ~~ da~' ~O" b~ I\\a"e. elie . cllee\ (I~ '//i\h II', 01 a\~~ ~\\ee\\aIIO\\. I,a' ~ee.~ ~~' a \tl\e~,~I~ \~I Ol\~u a\ \~I'el\ \I,i, 'i'0;~1 til"e, '~o' eOl\til\'(,"~ I\O\\((~~~O~ da\e~ ').. ,e 01 a\ 01 lel\l~e lea,Ol\' cd e(\1\ee a . \l'Ii.' ",0 'eallcel '\\0'//'\\\1. "101"" \l'Ia\ell~ " 1\' \l'Ia~ I t\,e ,0. to the I' h o\l~' \l'I1"'O \l'IOI~' J~ da~' 1'"01 ob\ail\ed \ \ .~a\e\l'le~~~ ~cce\""",ce \ea.\, \ic~ .",a' Ila"du\el\ telia\ \0 bU'; , a. \hlS ":;\\",\101\. 01 Il\ct ,,,ad a..ll",ed ~ \ lea.e \1\ 11",le IlCea\\l'I<'\\\ the hazal naN,e 01 nC"uel\t to 01 CO . l<. 01 to I\tia\ c . .llb.e., I the II' .llb.U' d b~ U o bee\\ ~ \<. a..u\l'le d' . .ll!<d b. \hete ~a\1\ \he I~\C~ ",as i..ue ' il\ haz~d\ '~C\S 01 ~a\e the \,,0 . a\ \!Iclea~e 01 l\eWW,el\ . the . .llb.,(\1\\I I ",i\\I\I dlle \. Ie ,. a a'O\\ 0 \J~ \he 01 c. \ ,e \!I.I b~ Ie ~oll; I'le",illl" I'-\\ellt. a\\\saiol\' b~ I,a~ \1>" 01 \0 OUI o\l'l , 'Ied \0 I \0 O' . 01 he WI"e \l" a~ab e di\ I'\an, b~ \ \ ~ou he\llel I' 01 Cle 10~el\ I. date, '" ~ fll,ance . '011 a'i'I'..ionel. .."del (\1\, ,le,I' C ,,,II"'" nO'.\CS UO" o\\\C CC l , \.. 'I an~ '" \II,,\llan " 1'\\\'. e 10 ,,\~a\\l. cO,' . I'e\\\\" ,,\O~~ 1'11..0\11. ~s'l\.." f).~\~ ~tN .10\10'//'" \'~~ a. I' \\,e I'" I \ ~"\C"{ s dOlselllell lO\iC~' "'\1\' e\\ .1 '111 \I,e \ \ flneu 10"S I ." lie "'IOlo\ ".\'1' ,... '. u$.C( .. 1't:C\ Ol:fl,.. \ \~\,e " :1'(1'11.0\\' d it' boll '( 1.1/1.1311.\ ~aeh ,//01 \'IO~E f /Io~11. \lSIOtlS sl:C110N " . co\/EIt . E.~C\. 00 tl01 1tl\'It-1 \liE \/I'.ltt-GE 1'( CO p.0E. l.. l..1p.all..\ I'Jl.S cO\fE.1t so""l \'1:tl.SOtl~ '(~Etl1S 10 01\1 . fxclusIOrLOI'~~~ COv' ~1:0IC~l.. p~ We DO NO~df;~epaYfl\enIS 'To ",hat and M \eted. . I. \ll\del coveragh \) is de GEtlE.1t1" LlabUU~",c\\I,iOI\ , OU1IES . erllge, IO\l1S /IotlO d ~e) ate "C'lIOtl \\\:'~110tlS \ i\e\l'l ~") (lI1 5.. " CO., . I\I\\<a, pO\'\C, '1) p-ssI'l. \lo,//ill\!." (Jl'e(\~ 1\\\\\\0" ~d"~ \\le 10 I \!I.utel\ I'~I) da~' \ll\del Co d te\,,\a~.e .,,>sioll 0 a\ \east. \ I"'liOd de\eted an . \a",I\I\ ~oi\\\e'\ 10~ \\le \,O\ICY I\e \la~\l\\!'\\~e is .a'i'\ile end 0 . , ~") (\1\~0 le,e,,\a I \111\\\ illS',' ,tlollllll\~. \llIt\\ a te~ dea\h 0 dea\h oee . Iy ",llile I'" 1?l1) da~d a\'Iel ~o~hieh y!'UI ''Ie 1,\1\ Ol\~ a\ \ea.\- c~ I"'liO \\\lI\!I\!, . e'i'lesell\\I\I i'l~ 1,"11 ~"o( \1" 'i'o' . \e\1.a\ I le.el,\a~ \he el\l /, ,. .",11 \II Ie\, \\\1\ ,CI J a' ~o h 01 I' cellt.. dut\es t dell\ death 0 ." I "OU I ""Ul i\I"e.. l w\'\c' J . .\\\\\\\}\\, d\llll\\1. .' \J) OIlW. C"",\I\I\'" \lllde' O't\\\'.I~ p,.\..\.. 1'01'\'\.'/' \ \. , 01l2l198 l1ED'I6:06 FAX Rl~ 870 4:18.1 ' . I ERIE INSURANCE GROUP ERIE. ElE PROD. Dtl'./"Cl'. 1itJ0o~ PIONEER liO~I:PROTEeTOR HP'Eli (Ed. 11/95) UF.85IJ LEAD LIABILITY LIMITATION ENDORSEMENT OUR PROMISE PENNSYLVANIA Subject to lh. limits COntained in thi~ endorsernenr under LI~lTS OF PROTECTION, II'e wUI COver: I. personal Injury arising out of rhe In~stion, it.haiaIJon, or absolJlrion of lead or lead compounds in any fonn: and 2. r.raperly d"".ge arising OUI of any form of lead or cad compounds. WHAT WE DO NOT COVER. EXCLUSIONS We do nor eover: I. 8CluaJ or alleged personal iIIjury arising OUt of the ingestion, inhalallon or absorption of lead or lead compourlds In any fonn,except as prcwJded under rhis endorsement, 2. 8L1ual or alleged ""rsonallnjury or properly damage arising out of any form of lead or lead compounds, exCllpt as provided under this endorsement. . 3. any legal obllgarion of anyone w. prolttl for indemnilication or Conltibution due to damages arising' out of penonal Injury or prOperly damage caused by lead, resulting from paint COntaining lead Or COntributed to by an.y other substance Or malerial Containing lead, excepI ag provided by this endorse. ment, 4. personal Injury or property damage arising OUI of the aOlUa! or alleged: a. exPOSUre to or existence of load, paint Containing lead, Or any orher material or substllnce con. taining lead, or b. DllJllufacrure, distribution, ~nJe, resale, Tllbranding, inSr.alJation. lI!paJt, remo...Il, encapsulation, abatement, replacemem or han. dling of lead, paint .ontaining lead, Or any olher material Or substance Containing lead, .......,h.r or nOI the lead b 110'" or Was al Ilny limn abbome as a particle, conl1lined 8S a ProdUct, inFSlcd, Inhaled, transmit/cd In any fashion, or found in any form "'hatsoever. 5. any loss, COSI or .~pense IIlising OUt of any: a, requeSl, demand nr order thaI anyone we proleet or olhers leSI for. monitor, cle.m up, remove, contain, Ireat, detoxify Or nllUtrallze, or In any "'ay Dlspond to, or assess the elTect. of, lead or lead com POunds; b. claint or sult by Or on behalf of any govern- IlleDlal authorily for dlllllagu lI!sulting from lest;.,g for, monitoring, deaniJJ:I up, removing, conrailllng, treating, detoldfylng or neUllallzJng, Or in any Way responding to, or asset,;n, the e/fects of, lead or lead compounds in any fonn, 6. '*-01 fa].y expected Or intended from rhe Stand- ~I of ""one We protect. 7. 111, obligation of ll1Iyone w. plotect under any workers compenSlllion, unemployment compen_ Sation, disabil.ity hehellrs Jawor. any slmilM law. LIMITS OF PROTECTION As lI!Spl\cts Coverage provided in this endorsement. our limit at llabilily is not incre.lsed regardless of rhe nUmber of people We proleer or claims made, and coverage is nol ex !ended to the limits of protection provided in Your basic policy. For coYerage provided by Ihls endorsement, $50,000 is rhe rOlal limit of proleclion for all damageS beCJluse of alJ p.~ fajU11 Or properly damage as a result of one or mo", llCCW..aca. ALL OTHER P~OVISI(JNS OF THE POUey APPLY. I .11 ~ ERIE INSURANCE GROUP ERIE. PIONEER IIOMEPROTECTOR liP-nD (Ed, 12/92) UF.75J REPLACEMENT COST SETTLEMENT ON PERSONAL PROPERTY ENDORSEMENT DEFINITIONS Unless Gefllled in this elldorsemellt, each word ill bold type is used as defmed In the policy. Rel.lacemenl cost meallS the cost, at the time orloss.of a new article identical to the olle damaged, destroyed, or stolen. If the identical article is 110 IOllger manufactured or is not available, we will (lay the cost of a new article similar to that damaged or destroyed and which is of comparable quality and usefullless. OUR PROMISE For all additional premium. loss settlcmellt under: Sectioll I .- Persollal ProperlY Coverage is extended to include the replacement cost or the full cost of repair. We will also cover on a replacement cost or full cost of repair basis: . carpeting . domestic appliances . awnings . outdoor antenllas and outdoor equipment provided at the time of loss: I. your Decl.ralions show that "utomatlc No- Depreciatloll Set/lemen/applies, or 2. you meet the replacement cost prnvi~ions under Loss Set/lemem for D"''''''"g Cov/~"'ge or Drher SlnWu,,!.I' Coverage, or 3. a TenOn/cover Policy or a COlldoc/we/' Polley or COII- ~omin;llm Coverage Endorsr.m('flf applies to the Insured property at the time of loss. Any loss will be settled subject to the provisiolls of this endorsement. The replacement cost loss settlement (lrovisions of this endorsement also apply to articles or classes of property separatoly described and specifically illsured ill this policy. WHAT WE DO NOT COVER .. EXCLUSIONS I. We do 1101 cover loss to property: a. unless maintained ill good and workable condi. tion: b. ullless repaired 01' replaced; c. which is outdated or ohsolete and which Is stored or not being used; d. which by ils nature cannot be replaced by a neIV article including, but not limited to, antiques, fine arts, souvenirs, and collectors' It~ms: e. which is at a residence reflled or held for rental to others. 2. When replacement coverage does not apply because of an exclusion under this section we will pay actual cash value at the time of loss. J. When coverage docs not apply because of an exclu- sion in this endorsement, the conditions of the primary policy will apply, RIGHTS AND DUTIES - CONDITIONS Loss Set1lement I. We will pay the smallest of the following amounts for anyone Item of insured property: a. replacement costj b. ,,'pair cost; c. any spcclallimitations described in the policy. 2. Whell the relll.cement Cf"l lor the entire loss under this endorsement is more than $1,000, lYe will not pay more than the actual cash value for the loss or damage until actual repair or replacement is com- plele. 3. You lIlay make claim for loss on an actual cash value basis and then make claim within one year after the loss for any additional amounts we are required to pay under this Los\ Sell/ement provision. ., ALL OTHER PROVISIONS OF THE POLICY APPL Y. III 8, Defendant Ronald T. Tomasko did not bring any clients to the nnn when he accepted employment with Plaintiff IRA H. WEINSTOCK, P.C. , 9, 10. Defendant Michael A. Koranda is an adult citizen of the Commonwealth of Pennsylvania. Defendant Michael A. Koranda resides at 5560 Moreland COllrt. Mechanicsburg, Cumberland County, Pennsylvania 17055. Defendant Michael A. Koranda is an attorney admitted to practice law in the 11. Commonwealth of Pennsylvania. . 12. Defendant Michael A. Koranda was an associate attorney who was continuously employed by the law finn of IRA H. WEINSTOCK, P.C. from November of 1991 through December 18, 1996. 13. Defendant Michael A. Koranda graduated from law school in 1990. 14. Defendant Michael A. Koranda did not bring any clients to the finn when he accepted employment with Plaintiff IRA H. WEINSTOCK, P.C. 15. Defendant TOMASKO & KORANDA, P.C. is a law fion doing business in and under the laws of the Commonwealth of Pennsylvania. 16. Defendant TOMASKO & KORANDA, P.C. 's principal place of business is located at 931 North Front Street, Harrisburg, Dauphin County, Pennsylvania, 17102. 17. At some time between November of 1991 and December, 18 1996, Defendants Ronald T. Tomasko and Michael A. Koranda decided to ternlinate their employment with the law finn of IRA H. WEINSTOCK, P.c. and to fonn their own practice. 18. Neither Defendant Ronald T. Tomasko nor Defendant Michael A. Koranda knew any of the below-named clients of IRA H. WEINSTOCK, P.C, prior to the commencement of - 2 - 24, Hector Blanco was an active client of Plaintiff IRA H. WEINSTOCK, P.c. during the time when Defendant Ronald T, Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 25. Thomas Brown was an active client of Plaintiff IRA H. WEINSTOCK, P,C, during the time when Defendant Ronald T, Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 26. Michael Bryner was an active client of Plaintiff IRA H, WEINSTOCK, P.c. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P,C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18,1996. 27, Roderick Campbell was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P,C. on December 18, 1996. 28, James COlUlell was an active client of Plaintiff IRA H. \VEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C, on December 18, 1996. 29. Jessica COlUlell was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were - 4 - . .... 'II"' employees of Plaintiff IRA H, WEINSTOCK, P,C" and was a client of Plaintiff IRA H, WEINSTOCK, P,C, on December 18, 1996, 30. Terry Connell was an active client of Plaintiff IRA H, WEINSTOCK, P.C, during the time when Defend~.nt Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 31. Richard Conte was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A, Koranda were employees of Plaintiff IRA H. WEINSTOCK. P.c., and was a client of Plaintiff IRA H. WEINSTOCK, p,c. on December 18, 1996. 32. Lee Cooper was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H, WEINSTOCK, P.C., and was a client of Plaintiff IRA H, WEINSTOCK, P.C, on December 18, 1996, 33. Tirzah Cruz was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T, Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C, on December 18, 1996, 34. Arlene DeLaRosa was an active client of Plaintiff IRA H. WEINSTOCK, P.C, during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.c., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. - 5 " 35, Andrea DeVanney was an active client of Plaintiff IRA H. WEINSTOCK, P.c. during the time when Defendant Ronald T, Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H, WEINSTOCK, P.c. on December 18, 1996. 36. . Marianne Dommel was an active client of Plaintiff IRA H, WEINSTOCK, P,C, during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C" and was a client of Plaintiff IRA H, WEINSTOCK, P.C. on December 18, 1996. 37. Thomas Durkin was an active client of Plaintiff IRA H. WEINSTOCK, P,C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P,C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 38. William Evans was an active client of Plaintiff IRA H. WEINSTOCK, P,C, during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H, WEINSTOCK, P.C. on December 18, 1996. 39. Robert Eyster was an active client of Plaintiff IRA H. WEINSTOCK, P.C, during the lime when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.c., and was a client of Plaintiff IRA H, WEINSTOCK, P.C. on December 18, 1996. 40, John Fultz was an active client of Plaintiff IRA H. WEINSTOCK, P .C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees .6- , . . tl u,c\"'S1OC' ,.0... "" ." ' ,\\", " ,.,."" \'-" H. of p\alnllff \RA I"~ '" r;.1'" ' WE\NS1'OC\(\ p.C. on December IS, \996. .' \\ WE\NS10C\(,1' .c. duting the time ,,', 0"""'" '" "",,,,,,, '" ""',," 1'-". . AI. I ..... I' \<.otanda wete emp oyees Dr .1 \ Ronald l' 1'oma.4.0 \\I\d Defendal\t \~IIC\\ae ". when e.el\uan. ' . . . '\lC\"'S'-" ,.0... ", ... , ,\\'" " ,,""'" 1'-" \\, of P\a\l\lIlJ \RA \\. '" ",I'" ,\VV ' wtl"51oC". ,.0.." 0"'-'" \996. . .' RJ\ \\ WE\NS10C\<. P .C, during the t\me ,._" O.~ ." '" ",,<, ,,,.. of'.""" I. ' A1. "''' .h" 0"'....' R,,,,ld ,. ,_ ", p,'-' M""'" ,. ,","''''.." ""I"", .. ~ ~o,"'" ,0. ""....,\\"'" ,,",,,,, ,,-,, \\. of Plaintiff \RA \\. '" ...u'" " .... Wf..\NS1'OC\(. P .C. on December \11. \996. Cd' the G'\I . .".' '" ",,<, "'"' ,I ".",,. IRA \\. "","'51DC\<. ,. . ,0" A3. Donna I esple yo"'- .1 R ld' ,,,...., "" 0"'''''''' M"h'" ,. ,,,""" woo' time whel\ Defenuant ona . . . ......51 oCt<. ,.C.. ", ." """, "".""" ,,-,, ,t employees of p\amtlff IRA \\. '" '" wt"'510"'" ,.C. " p""","'" 1996. . .' RA \\ wr.\NS1'OC\(, i' .C. during the time T"\avid \\a\e was an active client o{\,\alntlff I . ~ . I \.1 1 < _~, "" p,I.",,,,' "",hool '" R"""" ."""" "... when Defendant Rona u .' oru- ~ ,0. ",..., ,\\", " ,.,,,,,, "'" \\. of i'lain\iff IRA \\. wr,u-Istvv"" .., a Wf.,UolSl0C\<., P.C. on December \S, \996. .' \\ Wc\NS10C\<., i'.C, during the C\,,,,,, \\"''' ." '" "" <' ,,,", " """,. 1'-" . AS. A R \d' ,,,,,,,,., "" p.I"'''' M"""I ,. R"""" .". time when De{enuant ona . . . ""'" 510Ct<. ,.0.. .'" ." "".."".,,"" IRA \\. employees of i'\a1n\lff \R}. \\. Wc\lolSI0C\<.. P.C, on December \11. \996. .1 . of Plaintiff IRA H. WEINSTOCK, P.C., and was a clicnt of Plaintiff IRA H. WEINSTOCK, P.C. on Deccmber 18, 1996. 52. William Judy was an active client of Plaintiff IRA. H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff' IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H, WEINSTOCK, P.C. on December 18, 1996. 53. Ronald Kell was an active client of Plaintiff IRA H. \I,'ErNSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C.,. and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 54. Stanley Kitner was an active client of Plaintiff IRA H. WEINSTOCK, P.c. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on Decembcr 18, 1996. 55. Belinda Lang was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 56, Sophie Latta was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P,C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. .9. '....' 57, Earl Leese was an active client of Plaintiff IRA H. WEINSTOCK, P.c. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of' Plaintiff IRA H, WEINSTOCK, P.C. on December 18, 1996. 58. Cynthia Lippy was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.c. on December 18, 1996. 59. William Maturo was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 60. Lenny McGarv,=y was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 61. Carlos Mendoza was an active client of Plaintiff IRA H. WEINSTOCK, P.c. during the time when Defendant Ronald T. Tomasko and Defendant Michad A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 62, Barbara Metze was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were . 10. . 68. Ronald Over was an active client of Plaintiff IRA H, WEINSTOCK, P,C, during the time \vhen Defendant Ronald T. Tomasko and Defendant Michael A, Koranda were cmployees of Plaintiff IRA H, WEINSTOCK, !'.c., and was a clienl of Plaintiff IR.<\ H. WEINSTOCK, P.c. on December 18, 1996, 69, Tuerisa Palmer was an active client of Plaintiff IRA H, WEINSTOCK, P.C, during the time when Defendant Ronald T. Tomasko and Defendant Michael A, Koranda were employees of Plaintiff IRA H. WEINSTOCK, P,C,., and was a client of Plaintiff IRA H. WEINSTOCK, P.c. on December 18, 1996. 70, Peter Pasqlloche was an active client of Plair:tiff IRA H, WEINSTOCK, P.C, during the time when Defendant Ronald T. Tomasko and Defendant Michael A, Koranda were employees of Plaintiff IRA H. WEINSTOCK, P,C., and was a client of Plaintiff IRA H, WEINSTOCK, P.C. on December 18, 1996, 71. Paul Powley was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A, Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.c., and was a client of Plaintiff IRA H. WEINSTOCK, P,C. on December 18, 1996. 72. Michael Proco was an active client of Plaintiff IRA H. WEINSTOCK, P,C, during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P,C" and was a client of Plaintiff IRA H, WEINSTOCK, P,C, on December 18, 1996. 73, Francisco Quintanna was an active client of Plaintiff IRA H. WEINSTOCK, P.C, during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were - 12 - employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WETNSTOCK, P.C. on December 18, 1996. 74, Ellie Ravago was an active client of Plaint if fiR A H. WEINSTOCK, p,C, during the time when Defendant Ronald T. Tomasko and Defendant Michael A. K(',randa were employees of Plaintiff IRA H, WETNSTOCK, P.C., and was a clicnt of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 7,;. Janet Ravago was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WETNSTOCK, P.c., and was a client of Plaintiff IRA H. WETNSTOCK, P.C. on December 18, 1996. 76. John Reckline was an active cliCllt of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.c., and was a client of Plaintiff IRA. H. WETNSTOCK, P.C. on December 18, 1996. 77. Carol Reich was an active client of Plaintiff IRA H. WETNSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WETNSTOCK, P.C., and was a client of Plaintiff IRA H. WETNSTOCK, P.C. on December 18, 1996. 78. Josiah Russell was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18,1996. . 13 . .~. of Plalllllff IRA II, WE [NSTOCK, p,c., and was a client of Plaintiff [RA H. WEINSTOCK, p,c. on December 18, 1996. 8S, Ielu Smith wus un Iletive client of Plaintiff [RA. H. WEINSTOCK, P,C, during thc time whcn Defendant Ronald T. Tomasko and Defendant Michacl A. Koranda werc employces of Plaintiff [RA /-l. WE [NSTOCK, P.e., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 86, Tim Smith was an active client of Plaintiff IRA H. WEINSTOCK, P.C, dUring the time when Defendant Ronald T. Tomasko and Defendant Michael A, Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.c., and was a client of Plaintiff IRA H. WEINSTOCK, P.C, on December 18, 1996. 87, August Tokish was an active client of Plaintiff IRA H. WE[NSTOCK, P.C. during the time when Defendant Ronald T. Toma~ko and Defendant Michael A. Koranda were employees of Plaintiff [RA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.c. on December [8, 1996. 88, Carlos Torres was an active client of Plaintiff IRA /-l, WEINSTOCK, P.c. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA /-l, WEINSTOCK, P,C. on December [8, 1996. 89, Rocco Torro was an active client of Plaintiff IRA H. WEINSTOCK, p.e. dUring the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA /-l. WEINSTOCK, p.e., and was a cliellt of Plaintiff IRA H. WEINSTOCK, P.C, on December 18, 1996. . 15 . 95. 90, P ( . a rick 7'rafnor Wa s all ~ t' (' ,c Il'f' clf 'm, "h<, D,,,,. '" or P"''''ff 'k, H "" k""", , . WelNs,Dc 'mp,o,,,, r . '''''''''<0 ~, p.o. d . o Pi"",,,,,,,,,, "'" Do",."" Ai. . """ II" ""h. ". WeINs, "h", A "'srOck P Dck Pc. /(0,,,,,,, " 9 , .o.o'D , . .''''d".. . '" ,. 0. 'h """,,, " , """ or P , , "'''''''', " , "". l'i'''ff '1<.<, " '" '" " tflnf' h Il'f' Chent Of PI . " " Dor,,.~ ""'ff '" H "~ It ROllald 7' . ., c/lvS?'o 'mp,oy"" r . '''''''''0 o.k, p.o. d . o P"""'ff"" H "'d Dor,,,,.,,, Ai. . ""'''h, ""lNsrOck P . WelNsrDck Pc "h", A. k"""", 9,. Ch,. ' .0. 0, "".." " . ., "'" ".. "1;,,, r P "'" " ""'mo,,", , " "" 0 l'i,,, ff '1<.<, '~"'. " tfln Ctll'f' Chi! ' ""," D,r "'d, '" or P "'''' ff '1<.<, H "~ ' '" '"'''''' , . "'INs,Oc """0,,,, or P"""""" " . om""o "'" Dor,,.,,,, ~r , '" P.c: d""'''h, "" h , ". WeINs, ", "" A " "'srOck P Dck Pc. "'....d, 9'. , .0. 0, D , . ., "'" ".. . W,,, J Iv. ecel11be 18 . a chent fp "',' "",' , "996 0 """ff '0 , 'n"",. '~li ' '" "'h" 'f . 'm, ""," Do",. 10,,, or P "'0""",, H ,,, "', '0",,,, , . ....INs'o 'mPlo,,,,, . 'om"",o o.k, P.o. d . o fp """ ff IP ' '''' Do",."" . ,. . """ II" "~h , , '~If. We,,,,,. '"''''''', , ."""'Oc/( oTOck P ". /(0"",, 9'4. , p.c. 011 D , ,0., alld!l''' a were ' ".., ~, '1;, Jeallne IV: er 18, 1996 1It Of Plaf . 'n, ".... "'ff '1<.<, " all aCtll'e /' 'l. wh C lellt ofp, . " D,,,,,,,, """ff,1<.<, H " Iie""d' '0 . Wellvs, Dc.. or P,. . . '."" "'" D '" P.C d . ""'ff 17<., " 'r"""" /,f, h . 1117l1g the tfln " "'EINS): " '" A/(, "'EINS,Ock, p.o.. 0, D Ock, P.o., "'" "", I' . Ori/J]da were el11PloYees b, ecel11be I C /ellt Of P '"'h"" "''''h. , g, "" ''''''ff /p, .~ -If. 11m, '" "''''' '1;,,, . . ""," D'r,,.,,,," or P'~,,,,, 17<A H We ol1ald r. r. , IlvS7'OCi( om,,",, "'" Do",... ' P.c. d"ri'g 'h< illlt At/chael - 16 - .-1. i(orallc/. a were I :.c... employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P,C. on December 18, 1996, 96, Jeff Williams was an active client of Plaintiff IRA H. WEINSTOCK, P,C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C., and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18,1996. 97. Fred Wolf was an active client of Plaintiff IRA H. WEINSTOCK, P.C. during the time when Defendant Ronald T. Tomasko and Defendant Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C.. and was a client of Plaintiff IRA H. WEINSTOCK, P.C. on December 18, 1996. 98. Plaintiff believes, and therefore avers, that between January 1,1996 and January 3,1997, and while Defendants Ronald T. Tomasko and Michael A. Koranda were employees of IRA H, WEINSTOCK, P.C., Defendant Ronald T. Tomasko ancllor Defendant Michael A. Koranda told each client listed in '19 through ~97 above that Defendants Ronald T, Tomasko and Michael A. Koranda intended to leave the firm of IRA H, WEINSTOCK, P,C, 99. Plaintiff believes, and therefore avers, that between January 1,1996 and January 3,1997, and while Defendants Ronald T. Tomasko and Michael A. Koranda were employees of Plaintiff IRA H. WEINSTOCK, P.C" Defendant Ronald T. Tomasko ancllor Defendant Michael A. Koranda asked each client listed in , 19 through 197 above to sever his, her or its relatiunship with lhe law firm of IRA H, WEINSTOCK, P.C. and to become clients of Defendants Ronald T. Tomasko and Michael A. Koranda when they opened their own - 17 - could ignore his, her or its conttactual commitmcnt to Plaintiff IRA H, WEINSTOCK, p,c. and would not be obligated to pay any altorney's fees to Plaintiff IRA H, WEINSTOCK, P.c. 103, Plaintiff believes, and therefore avers, that betwecn December 18, 1996 and January 2, 1997, Defendant Ronald T. Tomasko and/or Defendant Michael A. Koranda contacted each client listed in "19 through 197 above to encourage each of them to sever his, her or its relationship with Plaintiff and to retain Defendants as counsel, and provided to each client previously prepared forms through which the client could seek to terminate his, her or its relationship with Plaintiff. 104. Plaintiff believes, and therefore avers, lhat between Janumy I, 1996 and the present, Defendant Ronald T. Tomasko and/or Defendant Nllchael A. Koranda deliberately and knowingly made false statements, which Defendants knew or should have known to be false, or which were made with reckless disregard as to the truth or falsity of each statement, to each client listed in 119 through ~97 above that disparaged the honesty, reputation and/or legal knowledge and ability of Plaintiffs other attorneys. 105. Plaintiff believes, and therefore aver.;, that between January 1,1996 and January 3,1997, Defendant Ronald T. Tomasko and/or Defendant Michael A. Koranda deliberately removed and/or copied confidential business records of IRA H. WEINSTOCK, P.C., which Defendants then used to contact the clients listed in ~ 19 through "97 above in an effon to encourage them to sever his, her or its relationship with IRA H. WEINSTOCK, P.C. and to retain Defendants as counsel. 106. Neither Defendant Ronald T. Tomasko nor Defendant Michael A. Koranda informed - 19 - 109. Ph/inrirr thilt he intended to I cave the law firm or IRA H. WEINs · "I""." P'''Ii". 10Ck, P,C, "'d 'p" Neither Derendafl/ Ronald T To . rnlSko nOr DerendalJt M' PI"'1i fr /1", h, '''. "h"l A. k""'d, '" f"",,,, ContactIng clients or 10 A ' . 'VI H. WEINSTOCT/ represematlon and to inli. h "'. p.C. to Solicit orm t ern that he intended to I WeiNSTOck, P.o. "" ., I," fi"" "f 11<., H E"h of ."Ii'"',"fI"" H """"0 Cl(, P. C. listed in 1119 hr /I" ""PI'," 'f" 'I '5 , I "Eli f" ''''" "'h " ~ . ~ , 36, 44, 47, 70, 90 IlJJd 93 . , Oof,,,,,"", "!!n'" Ih, , '" "'Po"" I, "1i''''Ii" by prepared follns prOVided b D h . Y 'f'",,,," '/I . " " /I, "p""" ""'" by PI. . , ,,"P/I", '" """ hi, atn/lff, and signed Ii. , Defl d ee agreements PU . " ""," '""'''I. 'Po",", '" """ 107. 108. At alJ times releVllJJt to thc clai . . tns raised tn this Corn I . Willi"" "'d 'bi, I, P""id, , . P ""', pt""1i fr """'",d '''dy, . omlnUt:d represemation, throu<>h . '.''''"'"''d, "'d r . Ih, ""''''' 'f qualifi d Icensed al/Onleys, to . 1e . . each chcm list d . Plaintirfbelieves and th e tn 1119 through 1197llbove ' t:rerore av..... 1 . -.., tl,1t after JllJJuary 3 199- I, ""'" ., 'Ii,"" 'f /" .. .- , " Oof"""," '""Ii"", 'VI Cl. 'r ClNSTOCl( PC' I , . '" '" 'fr,,, I r ' "'" Ih", "'''''",hip . .'h I' . , " ""Ih"" 'Ii"" I 'VI II. WEINSTOCl( p """,. , .0. """ I, ""'" Oof"d'""" Plaimiff believes. il11d th fl ere Ore av~ th t b 00, d , , , "f".,,, Ii",,", b " "'" "Ii,",,, ""'" '" /hi, C. . "' Y Def'",""", I1!Platnt, and Derend . 1198 thrOUgh 1/104 ab h . il11ts representations stated' oVe, t e chems identified b tn l'v . a OVe Who ret. d R '''h", A k ""' O"~d 1 1 . oranda and/or Tornask d l( . OInasko, o an oranda, P. C. WOuld 0 n t have terminated their .20. /Jo. 1/J. -. 'kJ;,,..' .~. attorney-client relationships with IRA H. WEINSTOCK, P.C. 112. The law finn of IRA H. WEINSTOCK, P.C. had a contractuall'clationship with each . client listed in ~~ 20, 24, 26, 34, 35, 45, 46, 49, 51, 54, 61, 66, 77, 79, 80, 81, 87, 91, 92 and 96 above, with respect to a workers' compensation case. 113. As to each t -id client listed in 1112, Defendants filed petitions with the Bureau of Workers' Compensation or the Workers' Compensation Appeal Board, as the case may be, and without giving notice to Plaintiff, in which Defendants sought to terminate the client's contractual fee agreement with IRA H. WEINSTOCK, P.C. and to substiMe a fee agreement with Defendant TOMASKO & KORANDA, P.C. 114. Plaintiff believes, and therefore avers, that from December 18, 1996 to the present date, as to the clients listed in ~ 19 through 197 above, Defendants contacted, via letters or briefs, various Workers' Compensation Judges andlor opposing counsel regarding fees due and owing to IRA H. WEINSTOCK. P.C. in an effort to divert payment of these fees to Defendants, and did so without notify or providing copies of the letters and briefs to Plaintiff. lIS. As to each of the clients ofIRA H. WEINSTOCK, P.C. listed in ~ 19 through ~97 above, with the exception or,l~ 23, 29,30,32,37,39,50,53,55,56,57,59,60,62,65,71,74, 83, 84, 85. 90 and 94, Plaintiff believes, and therefore avers, that between January 2, 1997 and the present date, Defendants contacted the insurance carrier of the client's employer and sought to cause the insurance carrier to cease making payment of attorney's fees payable to IRA H. WEINSTOCK. P.C. pursuant 10 an existing Order by a Workers' Compensation Judge or the Workers' Compensation Appeal Board, as the case may be, - 21 - and to divert payment of said fees to Defendnnt TOMASKO & KORANDA, P.c. 116. As to each client listed in '1'1 34, 35, 49, 66, 77, 87, 9\ and 92 abovl:, the employer's insurance carrier did, in fact, divert payments from IRA H. WEINSTOCK, P.C. to Defendant TOMASKO & KORANDA, P.C. 117. Plaintiff believes, and therefore avers, that as to each client listed in ~ 19 through ~97 above, Defendants, who did not represent the client at the time, contacted opposing counsel and/or an insurance carrier and/or representatives or agents of the client's employer requesting information aboutth,~ client, including a telephone number and/or an address, and then allempted to contact the client to induce him, her or it to sever the existing attorney-client relationship with IRA H. WEINSTOCK, P.C. and to retain Defendants as counsel. 118. Plaintiff believes, and therefore avers, that Defendants have, after January 2, 1997 and to the present date, as to the clients listed in ~ 19 through 197 above, claimed that they represent and/or have been retained by these clients while said clients, in fact, remained active clients of IRA H. WEINSTOCK, P.C. and when, in truth, Defendants had not yet been retained, or never were retained, as the case may be, by these clients of IRA H. WEINSTOCK, P.C, 119. Plaintiff believes and therefore avers, that as to the clients listed in '19 through ~97 above, when the clients did not retain Defendants in response to their wrillen solicitations, Defendants contacted the individuals by telephone or in person to solicit them, and when the clients informed Defendants that they intended to remain clients of IRA H. WEINSTOCK, p,c., Defendants demanded to know why. - 22 - of $35,000.00, which amount exceeds the jurisdictional limit requiring mandatory arbitration of this claim. WHEREFORE, Plaintiff respectfully requests that this Honorable Court award judgment in its favor and against Defendants, and award all available damages, including punitive damages, costs, and pre- and post-judgment interest, and order Defendants to escrow all monies reoeived from or on behalf of individuals who were fonner clients of IRA H. WEINSTOCK, P.C., and award such other relief as this Honorable Court deems appropriate. COUNT IV QUA.NTUM MERUIT 133. Each of the preceding paragraphs is incorporated by reference as if fully set forth here. 134. Defendants' previously described actions and conduct have deprived Plaintiff of rightfully earned attorney's fees, and have resulted in payment to Defendants for work which was, In fact, performed by IRA H. WElNSTOCK, P.C. 135. As a result of Defendants' actions and conduct, Plaintiff has suffered damages in excess of 535,000.00, which amount exceeds the jurisdictional limit requiring mandatory arbitration of this claim. WHEREFORE, Plaintiff respectfully requests that this Honorable Court award judgment in its favor and against Defendants, and award all available damages, including punitive damages, costs, and pre- and post-judgment interest, and order Defendants to escrow all monies received from or on behalf of individuals who lVere fanner clients of IRA H. WEINSTOCK, P.C., and award such other relief as this Honorable Court deems appropriate. .25. co\'j~'f. 'ljc~oo~""O . ,\\" ", ".",,,,'. ~ov. to' ~ II. \~, _<.uO#' ," ",,^,,,,' , >" "" 0 \V" ot,~\e~ ,&eu ., \,'i> \,1\CO~ 't- \,et,O ,;., ".""-,, . ","", ." . " ,.""". ",.,. , . ,^,." ,. ~,,"" <. ,.'," . . ",."" 0'1- ,.c. .,,' " ,,,. o' ,<<<'" ..~",S'O ' "" ",,, -.." _. o. ~v . "II ", ., 'O',""""~ ."" ,.. - ,.."."" ' , ,,1'- ~. \0;1.. '0 C (It \0 ~"I~a \0 \' e"'\'i> 0 CI- ,. . .,.~,. ", " "" ",,",S' 0 ' m' ",,- '" ' .,,, ,0<"" c \,\e~ \0 r . . ~'r-O 'r-'i).\le ,'i). ~ e1\\I\le~ ~""""" . . ....'" '" ,<<'I"" ",. 0 .,.,., · '" · ' r O' \tOt:(\ . e1\\\,\\e r 0' ., . rr I~ ~' ,,.<"" ~ ~ C. ~ C01\~~c\, .. ~",S' if' ' . , <<''''' '" . -,., ~ v ' ",,,,. "".' \ ..,. , '0", C""" ~ ,",," ,. . 00"""" "" " ", .. ,,<<-'''. .... ..' , \\ .." "" , . .,' ~, ." ...# <<-".., . . ,po"'"'''' . . " ,,,,,",,""Ii ".,.,,- '" "" """ " ... .., ".,.. "",. '" , ' ,.." .. ..,.v:>' o~' "" """, .,,' "" ~" " 1\\~' 0\ . rr 'i).1\~ II: . ~ \)eI.etwlJ; Y\'i).\'l.\\I\" , IJ;alJ;ll.\~ ree'i> \0 r, \lot 'i).:(\~' " ,,'~ \ \,l.\ \,\~ ,'i). ~ 'i).\\ot:(\e I ~ cO~\~ 'i).t\ ~ 'i).~'i).t . ~e tece\,\le ' ',r;}to\,:(\1J; . ~eet:(\~ 'i)., ~\e CO~~ \\ol.\ot'i). , 'I.\~'b~el.\\ .,,\\t" \ C .,~\ 'i).'" ~\e 0'" . ~ol.\ot\\\ ~~'i).'be~' !,\!. \'l.\'i).\ \'l.\\~ . , ~:(\\,I.I\le r "" teo..l.\t . . ~C\l.\o.l1\'f:, \I ... <<" .'" .'" ,,, \ C,." .., "i'"'''' ," \\ .,,11"" .... ",.0""" ' _ M'V:>'O~' '" .",,' · '" ,,\I" " ~ ,. \el.\~'i).l.\\~' 'i). . ~ ~I.\c'r- o\~ \,l.\~\ \)e ~ IJ;"''i).t ~ ~~ 'i).,;'i). 'l.\\eteo;\, 'IJS' . \'I \,\~ \'i).\l0 'I.\~'b~el.\\ I \ 0. \100;\-\ ~ \lte- \\t\ cO~\~' \\t\ to\l(.\).\e. ~eet1\~ 'i).r;}\I , '" " " CO'\)~ C:\l'-l\C~<; , 'o~ te\ete1\Ce .A' O~ S... ot'i).\e~ 'f.\\~~ . ~" \,f\Co~ 'i).te'r-ett " . COt1\\,\IJ;\'l.\\ ,'" b.. \\. \ \'r-l'i> \~. ",,-.. ' - ~"" " ,.;;1>'" ,ot' ' ", ",,'or- ,,\'r-e \'. li).t~e 0 \ ~.,. \otl.'r- 'r-etelf\. 0.1.\(11\'; ~e CO \I.\\\~ ",e\ 't-.ot'i).l.\~\\' w:.lc'r-\\e\ ~. \)e\el.\~~\ \~b. _ ~1 - " WEINSTOCK, P,c., obtained a fr,deral tireanns license. 147.. Defr.ndant Michael A. Korauda, during the Course of his employment by IRA H. WEINSTOCK, P.c., during the normal business hours of IRA H, WEINSTOCK, P,C., and on and from the premises of IRA H. WEINSTOCK, P.c., engaged in activities related to his federal firearms license, including but not limited to, purchasing, by mail, firearms and accessories related thereto, and the showing and sale of firearms and accessories relllted thereto to clients of IRA H. WEINSTOCK, P.c. 148. Defendant Michael A. Koranda failed to infonn his employer thaI he was engaging in the activities stated in the preceding paragraph. 149. Defendant Michael A. Koranda, as stated in preceding paragraphs, during the course of his employment by IRA H. WEINSTOCK, P,C., and specifically during the period from January I, 1996 through December 18, 1996, during the nonnal business hours of IRA H. WEINSTOCK, P,C., and on and from the premises of IRA H, WEINSTOCK, P.C., cont3cted the clients of IRA H. WEINSTOCK, p,c. identified in the preceding paragraphs and attempted to convince these clients to sever their' relationship with IRA H. WEINSTOCK, p,c. and to retain Defendants as counsel. ISO. During the times in which Defendant Michael A. Koranda engaged in the activities stated in the preceding paragraph, he was not engaged in furthering the activities or interests of his employer, but was acting to further his own interests to the detriment of IRA H, WEINSTOCK, P,C. 151. Defendant Michael A. Koranda accepted payment in the fonn of salary and bonuses for time which he actually spent in furthering his own interests and acting against the inlerests - 28 - '. of and to the detriment of IRA H. WEINSTOCK, P.C, 152. Defendant Michael A. Koranda failed to disclose to his employer that he was being paid for time spent acting against the interests of his employer, and to the detriment of his employer. 153. Defendant Ronald T. Tomasko, as staled in preceding paragraphs, during the course of his employment by IRA H. WEINSTOCK, P.c., and specifically during the period betv..een January I, 1996 and January 3,1997, during the normal business hours of IRA H. WEINSTOCK, P.C., and on and from the premises of IRA H. WEINSTOCK, P.C., contacted the clients of IRA H. WEINSTOCK, P.C. identified in the preceding paragraphs and attempted to convince these clients to sever their relationship with IRA H. WEINSTOCK, P.C. and to retain Defendants as counsel. 154. During the times in which Defendant Ronald T. Tomasko engaged in the activities stated in the preceding paragraph, he was not engaged in furthering the activities or interests of his employer, but was acting to further his own interests to the detriment of IRA H. WEINSTOCK, P.C. 155. Defendant Ronald T. Tomasko accepted payment in the form of salary and bonuses for time which he actually spent in furthering his own interests and acting against the interests of and to the detriment of IRA H. WEINSTOCK, P.c. 156. Defendant Ronald T. Tomasko failed to disclose to his employer that he was being paid for time spent acting against the interests of his employer, and to the detriment of his employer. 157. As a result of Defendant Michael A. Koranda's and Ronald T. Tomasko's actions, .29. Complaint does not arise out of the employment of Defendant Koranda by Defendant Ira H. Weinstock, P.C, and the opening of a new law firm by Ronald T. Tomasko and Defendant Koranda on January 3, 1997, 10, Admitted. 11. Admitted, 12. Admitted, 13. Admitted. 14. Admitted. 15, Admitted. 16. Admitted. By way of further response, a oopy of Plaintiff Erie's declination of coverage letter Is attached hereto as Exhibit "A" and Is incorporated herein. 17, Denied, The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded at trial. 18, Admitted, Counterclaim 19. The allegations set forth In Paragraph Nos, 1 through 19 are hereby incorporated by reference as if fully set forth herein. 20. The policy issued by Counterclaim Defendant Erie provides liability coverage to Counterclaim Plaintiff Koranda for one or more claims raised In the Complaint. 21. The policy issued by Counterclaim Defendant Erie also provides, In pertinent part: ERIE INSURANCE COMPANY, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 98-2327 CIVil ACTION DECLARATORY JUDGMENT ACTION JURY TRIAL. DEMANDED PLAINTIFF ERIE'S ANSWER TO THE COU~TERCLAIM OF DEFENDANT KORANDA MICHAEL A. KORANDA and IRA H. WEINSTOCK, P.C. Defendants AND NOW, Erie Insurance Company, by Its attorneys, Thomas, Thomas & Hafer, llP, files this Answer to the Counterclaim of Defendant Koranda, as follows: 19. By way of answer, Plaintiff Erie Incorporates herein by reference the averments contained In Paragraph 1 through 18 of Its Complaint. 20. Denied. Plaintiff Erie specifically denies that its polley provides coverage to Koranda for any of the claims set forth In the Complaint filed by Defendant Weinstock. 21. Admitted. 22. Denied as stated. Although It is admitted that Count V of the Weinstock Complaint contains a claim for defamation, Plaintiff Erie specifically denies that the claims against Defendant Koranda contained in Count V of the Weinstock Complaint are covered under its policy since the aliegations fall within the exclusion for business pursuits contained In the Erie policy and are otherwise not Insured for the reasons set forth In the Complaint filed In this action. 23. Denied, Plaintiff Erie specifically denies that the claims against Defendant Koranda contained in the Weinstock Complaint are covered under Its policy since the SEP J 3 200rl ERIE INSURANCE COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-2327 CIVIL ACTION - DECLARATORY JUDGMENT ACTION JURY TRIAL DEMANDED v. MICHAEL A. KORANDA and IRA H. WEINSTOCK, P.C. Defendants RULE TO SHOW CAUS~ AND NOW, this day of _ , 2000, a Rule is hereby Issued upon Defendants to Show Cause within twenty (20) days of the date of service of this Rule why the case of Erie v. Tomasko, et al filed at No. 2097-98 In the Court of Common Pleas of Dauphin County should not be coordinated with the case of Erie v. Koranda, et al filed at No. 98-2327 in the Court of Common Pleas of Cumberland County In the Court of Common Pleas of Cumberland County pursuant to Pennsylvania Rule of Civil Procedure 213.1. BY THE COURT JUDGE 'i I ! 1"/ "~,I \)'J 1'1": ,"f..' ,). "C\ (} \1.-1 "1"1 < i.\ h'"I . ,_ I," ','\ i ~),\:; C~ji" .~~': ~ ;\\ \\_ It._''{\'/l\\ d\ \,II,:'..'~ ",J by filing a Praecipe for Writ of Summons In the Court of Common Pleas of Dauphin County. 2. A Complaint in the said action was filed on or about December 30, 1997 arising out of employment of Defendant Koranda, and Defendant Tomasko by Defendant Ira H, Weinstock, P.C, and the opening of the new law firm by Defendant Koranda and Defendant Tomasko on or about January 3,1997. 3. In response to the action commenced by Defendant Ira H, Weinstock, P.C., Defendant Koranda sought coverage under the insurance policy issued by Plaintiff Erie. 4. Following receipt of the request for coverage by Defendant Koranda, Plaintiff Erie, by Its counsel, issued a declination of coverage letter. 5. Plaintiff Erie filed a Complaint for Declaratory Judgment against Defendant Koranda and Defendant Ira H. Weinstock, P.C. on or about April 23, 1998 in the Court of Common Pleas of Cumberland County, at No, 98-2327. 6. This controversy arises under the provision of a Homeprotector Insurance Policy issued by Plaintiff Erie to Defendant Koranda, 7. In response to the action commenced by Defendant Ira H, Weinstock, P.C., Defendant Ronald T. Tomasko sought coverage under the Insurance policy Issued by Plaintiff Erie. 8, Following receipt of request for coverage by Defendant Tomasko, Plaintiff Erie, by its oounsel, issued a declination of coverage letter. 9. Plaintiff Erie filed a Complaint for Declaratory ,Judgment against Defendant Ronald T. Tomasko and Defendant Ira H. Weinstock, P,C, on or about May 14, 1998, In the Court of Common Pleas of Dauphin County, at No, 2097-98. 10. This r:ontroversy arises under the provisions of two policies, a Homeprotector Insuranr:e Policy and a Personal Catastrophe Policy Issued by Plaintiff Erie to Defendant Ronald T. Tomasko 11. Pa. R,C.P, 213.1 provides in part: (a) In aotions pending In different counties which Involve a common question of law or fact or which arise from the same transaction or occurrence, any party, with notice to all other parties, may file a motion requesting the court in which a Complaint was first flied to order coordination of the actions, Any party may file an answer to the motion and the court may hold a hearing. 12. Pa, R.C.P. 213,1(c), provides: In determining whether to order coordination and which location is appropriate for the coordinated prooeedings, the court shall consider, among other matters: (1) whether the common question of fact or law is predominating and significant to the litigation; (2) the convenience of the parties, witnesses and counsel; (3) whether coordination will result In unreasonable delay or expense to a party or otherwise prejudice a party in action which would be subject to coordination; (4) the efficient utilization of judicial facilities and personnel and the just and efficient conduct of the actions; (5) the disadvantages of duplicative and Inconsistent rulings, orders or judgments; (6) the likelihood of settlement of the actions without further litigation, should coordination be denied. 13, Common quesllons of both law and fact predominate the above cases and are significant to the litigation beoause the question of insurance coverage concerns identical language in the Insurance policies. 14. The factor concerning the convenience of the parties, witnesses, and counsel Is not dispositive. Plaintiff Erie' local office Is located In C!Jmberland County ."". 0"'''''''' Ko".d. ,e'." \h.... Oe"""'" '" H "'e'''IoO' P.C.. ."" De"""'" ,om"'o ." .11 loo."d Ie \he ",~bbO""" "'00'" O,"pb" co",'" furtb'''''o'', o.,e.da." KO""'" .od 1,,",,"0 a" "p""oIed'" \he "me "'uo", 15 co..""lIoo wou" 001 "..II ,. u",e"o,,"e d.~y .. e","" 10 ,0'1 party, .. olhe.w'" p,,\udloO Ibe part'''' b""" d""""~ b" 00' eoded ."" \he .~, d.". b"e 001 bee.'" ,. .ddloOO, 'he d1''''''~ 'bel .eo 'a'" p'e" ". be u"d ,. both cases, I.. II wou" be ",,,e e"""'" ,.. \he cu"b..~.d COOO" Coud '0 b"d'e .11 ",,,,, 0' 'hO ",..d'OOled "doo' "II"" 'b" adoW'OII bo'b .."0", '0 pmooed b..,eu" ,be ".,,,, at'" oul 01 ,be "me 1<""ctIoO .. -,,,.,,. UII,,,e,e~, bo'b ,a'" p""., ,he ""e q""IiOO " '0 wbet"" 'be oe,e"""" ..e ",,,..d by ." poll'~' Issued to them by Plaintiff E.rie, \1. Slo" ." ,"u.. ,. 'be \WO ea'" "e ~,ally "d ,,,,oallY 'oIe",,\oed. d \h6 twO aoI'oo' we.. ,..",lied \0 pm",.d ,. \Wo "ff..eol ",uod", ,b" ,be" "rte'." woo. be ad" 0' dupdeali" .. ,.",..."., ,,11011'. 0"'" .. \udgemeO" ,. 'be ,,,.'0'" ,,,"0" ,.arty ,"ppod ...,"001100 of Ibe\Wo aoIloOS. " I ERIE INSURANCE COMPANY, I'lnintifl' IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, I'ENNSYI.V ANlA vs. 98-2327 CIVIL CIVIL ACTION" DIK'LARATORY JUDOMENT ACTION MICHAEL A. KORANDA AND IRA H. WEINSTOCK, )',c., JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this 2.( ~1 tllIY of June, 2001. II Rule is issued on Defendant, Miehnel A. Koranda, to show enuse why the relicfrequcsted in the within Motion to Compel Discovcry should not be gl'antcd. This Rulc rcturnllblc within twcnty (20) dllYs of servlcc. Thomas E. Bronner, Esquire For the Plaintiff IlYilr'0 ~OI",'Jt. Y: ~~ ~<< 'l'b\ V\j~ n s:' "\H. [IIi .") , James G. Nealon. II. Esquire For Defendant Michael A. Koranda Ira H. Weinstock, Esquire For Defendant Ira H. Weinstock, P.C. :rlm -E-',_" ~)< r_:',.; '~, ; ~,-" -,- "_"i lj'.~: ~~~: /: .-1 ;"""'" f',) ~ -', <,: (;C; 'Tho",.. E, B""n""" E'qul,.., W, N.12085 GOLDBERG, #(ATZMAN.... SII/PMAN, p,C. .J20 Markel SIr,,,,, I', 0, lJox /268 lIarrisl"'r/!, /'A 17/(}801268 ""m,". ". C,,_ ,. "'.,,, EiUEINS~COM'~FcriAiMoN'LiiAS- ".'tiff CU"BERLAND COUNTY, PA vs. MICHAEL A. KORANDA AND IRA H. WEINSTOCK, Pc Defendants NO. 98-2327 CIVIL ACTION - DECLARATORY JUDGMENT ACTION JURY TRIAL DEMANDED DRDEB AND NOW, ,,;, --_ "'Y'f~ 2()()j """"''''M..,/o""", "."'11", ""io, " C,,,,,,,,,,, 'O"Oby 0,''''' "ot "''"''''', """"'''' "", '" "",,_ """ nn.., (15) "''' " '''0'"" wiiJ '" ,_", " 0,,'""'" """" A" ''''''''' ---- J. This action for declaratolY 'ud . J 811Jent Involves a question of Whether . Koranda has coveraoe tlor I . Michael A. " c alllJs asserted a . h' . 8alnst IIIJ 1/1 an action filed b" his tlo..... I 2, 4 . , , ",., .... _, equest for Production of D OCUlIJe/1ts was serv d Who i, J",,,,, G No,!o B ' , , 'pon ""'''' to, ^", K_ ' "'"''''' 4plil, '000, (S" "'hibi, 4 n Pk'di"", d",",,'Y '" ) """"'""....hI...... . ponses and depOsition transcripts fro ~/OWin. '10 "'''''11 """''k .' " th, "'I..., -n to, ""_ oj e ac IOn to proceed to ConclUsion 3. These doculIJ t h "" ." "" "'" P"",,,,,,, by "'""'" fo, P'<'d"", ."" ""'"""'" ' I M" K_, P~"" '0 VIO ates the PennsYlvania RUles ofe . 4009, J 2 Which reqUire that th d Ivll Procedure in particular Pa.R. C.P. e OCUlIJents requ t d b es e e prOduced Within thirty (30\ d Jays. r""m.. 1;. n"""/lttr t''1UI,.., 1.1 J, N.12085 ' GOt08F,RG, I(A l'J;MAI\(.... S"'P .120 Ml/rkul 8,,.,,,, . MAl\(, I',e, I', 0, lJux 1268 lJarri"'"t/l. I'll /7/IJH'/26H (7/712.14'4/6/ CUlIll.'O/I{.r i!RiF.iNiURI;NCECOI;,;;".Ny___C--__~ I'i'intilf : INTHBCOVRTO~~ .. CUMBeRLAND COUNTY, PA AS No, 98-2327 Vs, MICHAeL A KORANDA AND IRA H. WEINSTOCK, p,C. Defendants CIVIL ACTION - DECLARATORY JUDGMeNT ACTION JUR Y TRIAL DEMANDED ~ttI!x 4Nn Now, "',"" PI'intilfB" In""'n,,, C""pan'" by 't " , " '" o""Ys G Idb & SI11PlIJan P C I , 0 erg, KatzmAn ' , ,W ro '"'' _. I, exhIbit A prepared, produced or reproduced): books, records, rep0l1s, memoranda, notes, letters, speeches, telegr:lms, diaries, calendar or diary entries, schedules, maps, graphics, conti acts, appraisals, studies, analyses, summaries, instructions, photographs, films, surveys, messages, correspondence, lellers, tables, drawings, and inCluding preliminary versions, drafts or revisions of any of the foregoing, as well as all other documents defined in Rule 4009. POCUMENTS TO BE PRODUCED 1. Copies of all pleadings filed in the case of Weinstock v.. Tomasko and Koranda, Action No. 2097 S 98, filed in the Court of Common Pleas of Dauphin County, Pennsylvania. 2. Copies of all discovery responses served by Plaintiff or Defendants In the case of Weinstock v. Tomasko and Koranda, Action No, 2097 S 98, filed In the Court of Common Pleas of Dauphin County, Pennsylvania. 3. Copies of all deposition transcripts of witnesses taken in the case of Weinstock v. Tomasko and Koranda. Action No, 2097 S 98, filed in the Court of Common Pleas of Dauphin County, Pennsylvania. 4. Copies of all documents, memorandums, correspondence or other writings exchanged between counsel for Plaintiff and counsel for Defendants in the case of Weinstock v. Tqmasko and Koranda. Action No. 2097 S 98, filed in the Court of Common Pleas of Dauphin County, Pennsylvania. 5. Copies of all statements provided by any persons to the parties, their counsel, their insurers, or other investigators, whether oral, written or recorded with -2-