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Home My WebLink About03-4851 DOUGLAS KISH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW?- . : NO: - 03 - ~f'~1 (;/~lL T'U2-Yj CGU INSURANCE Defendant : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Please issue a writ of summons in the above captioned action. Writ of Summons shall be issued and forwarded to the Sheriff of Cumberland County at One Courthouse Square, Carlisle, Pennsylvania. Date: September 8, 2003 ~ -- Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, P A 17013 Supreme Court ID# 81924 (717) 241-6070 WRIT OF SUMMONS To The Above Named Defendants: CGU Insurance 100 Corporate Center Drive Camp Hill, PA 17001-8851 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: S1.p+ IS, ~ ProG::t:' ~7. ~ ~ 4Q~ c;~~4UY~ ' ~~ty iV (.:) ~ '[ ~ .Vi & d ~ :V p: ~ --1:- , ~: ~ 8 DOUGLAS KISH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO: 03-4851 CGU INSURANCE Defendant : JURY TRIAL DEMANDED PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Please reissue the Writ of Summons in the above captioned case to be served by the Sheriff of Philadelphia County. Date: October I, 2003 r-/ ~ Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Supreme Court ID# 81924 (717) 241-6070 .., (") c s:: -om mfr, Z::r; ~r' 'b5 )c:' ~e .- ~(-~ Z'~ ;>~~ ; -, o w C) n -l I 9, ,-I :~~p1 C}tTl 'ClCJ r...J I ~~JS~>, "-.n ~~ ? ::z 'T) ~ :.:> N SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-04851 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KISH DOUGLAS VS CGU INSURANCE R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: CGU INSURANCE but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA County, Pennsylvania, to serve the within WRIT OF SUMMONS On October 31st , 2003 , this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Philadelphia 116.00 Mileage 10.35 163.35 10/31/2003 ROMINGER & BAYLEY so~~ .---- !P ./'. ,/ -~~/ -- -- R. Thomas Kl itI'e Sheriff of Cumberland County Sworn and subscribed to before me this 5~ day of ~ oZva3 A.D. +Q )Mdj"J~ ProthonotJry , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA DOUGLAS KISH, Plaintiff 2003 - 4851 v, Civil Action - Law ONE BEACON INSURANCE GROUP flk/a CGU INSURANCE, Defendant ACTION FOR DECLARATORY JUDGMENT NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and fIling in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff, You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. . Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249.3166 (800) 990.9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the Court. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS KISH, Plaintiff 2003 - 4851 v. Civil Action - Law ONE BEACON INSURANCE GROUP flk/a CGU INSURANCE, Defendant ACTION FOR DECLARATORY JUDGMENT COMPLAINT AND NOW, this 26th Day of September, 2005, comes the Plaintiff, Douglas Kish, through his counsel, ROMINGER, BAYLEY & WHARE, and respectfully fIles the following Complaint seeking a Declaratory Judgment and, in support thereof, avers the following: 1, Plaintiff is an adult individual who resides at 313 Plane Street, Middletown, Pennsylvania 17057. 2, Defendant One Beacon Insurance Group flk/a CGU Insurance (hereinafter "CGU") is a duly licensed insurance carrier with a place of business at One Beacon Street, Boston, Massachusetts 02108, 3, Defendant CGU has engaged in, and continues to engage in, a continuous and substantial course of business within the Commonwealth of Pennsylvania, 4, At all times relevant to this action, Plaintiff was insured under a homeowner's insurance policy with CGU. A copy of the declaration page of said insurance policy is attached hereto as Exhibit A and incorporated by reference as if fully set forth herein, 5, On or about March 17, 2000, Plaintiff submitted a claim for a loss which occurred when a substantial amount of personal property was removed from his home by unauthorized individuals. 6. As a result of the unauthorized removal of belongings from his property, referenced in Paragraph 5, above, Plaintiff suffered damages in the amount of$4l,250.00, 7. Upon being notified of said loss, Defendant declined to cover Plaintiff's loss on the basis that it was an "intentional loss of property," A copy of Defendant's communication to this effect, dated May 8, 2000, and addressed to Mr, Kish, is attached as Exhibit Band incorporated by reference as if fully set forth herein, 8, The ostensible rationale behind Defendant's denial of the claim is that Mr, Kish's mother, now deceased, "authorized the removal of [Mr. Kish's] personal property," 9, Nothwithstanding Mr, Kish's subsequent disclosure to Defendant that his mother, at all times relevant to his claim, suffered from mental illness and was thus incapable of knowingly, intelligently, or voluntarily disposing of said property, Defendant maintained its position and refused to cover the loss, 10. Defendant has failed to produce or reference any information or documentation refuting Plaintiff's mother's mental condition and in support of its denial on the basis of "authorized" removal, 11, Defendant has failed to produce or reference any information or documentation which indicates that Mr, Kish's mother intended for any loss to occur, said intent being a prerequisite for the proper denial of coverage, 11, The removal of the property which gave rise to Mr, Kish's claim for coverage took place at the direction of other parties, namely a cousin ofMr. Kish's who never resided at the property, 12, Defendant CGU's denial of coverage was improper and contrary to the plain language ofMr, Kish's policy, 20. All interested parties have been named as Defendants in this Declaratory Judgment action, WHEREFORE, the Plaintiff respectfully requests that this Honorable Court enter judgment declaring that Defendant CGU has a duty to cover Plaintiffs loss pursuant to terms of Plaintiff's policy and, further, granting such additional relief as the Court may deem appropriate, to include reasonable attorney's fees. Respectfull submitted, ROMING R, BAYLEY & WHARE Karl E, ominger, Esquire ey ,D, No, 81924 James 1. Nelson, Esquire Attorney 1.D, No. 91144 155 South Hanover Street Carlisle, Pennsylvania 17013 Tel: (717) 241.6070 Fax: (717) 241-6878 Attorneys for Plaintiff ~ '" M A. B. C. _ D. ~ ~ ~ - E. F. ~ = ~ - CUSTOM HOMEOWNERS POLICY DECLARATIONS CGU POUCYNUMBER CP-SQB7267 COMPANY COMMERCIAL UNION INSURANCE COMPANY POUCY PERIOD From 11-15-1999 to 11-15-2000 AT 12:01 AM STANDARD TIME YOUR AGENT IS JAN 22 20UO 3796196-00 LANDER - RHEN INSURANCE AGENCY 279 WEST MAIN STREET MIDDLETOWN PA 17057 (717) 944-0466 NAMEO INSUREO DOUGLAS KISH 313 PLANE STREET MIDDLETOWN PA 17057 LOCAnON OF INSURED PREMISES 313 PLANE STREET MIDDLETOWN PA 17057 TRANSAGnON NEW POLICY PAYMENT PLAN DIRECT BILL INSURED Includes Copyrighted Material of Insurance Services Office, Inc. with its pllrmission. Coprrisht, lnswmce SeNiees Offlte, Jnc.., 1988.2000 """ Dear Policyholder, LANDER . RHEN INSURANCE AGENCY and CGO INSURANCE are pleased to present you with your new homeowners insurance policy. A bill for your premium is being sent to you separately advising you of the minimum payment due and the premium due date. Thank you for letting us be of service and if you have any questions, please contact LANDER - RHEN INSURANCE AGENCY at (717) 944-0466. "'''' SEGnON I UMfTS OF /JAB/mY 75,000 7,500 52,500 15,000 DEDUGnBLE Section 1: In '..se of loss, under Sec, 1, we cover only that part ot the lass over the deductible stated below.' DWELLING OTHER STRUCTURES PERSONAL PROPERTY LOSS OF USE $250 SECTION 1. SEGnON n PERSONAL LIABILITY - EACH OCCURRENCE MEDICAL PAYMENTS 100,000 1,000 \~o \ _~rl' , ~~+ G208050699 /~G'...) ~o,o; <=, ~ '-'_ uO \:""""" \ POLICY NUMBER, CP,SQB7267 AGENT NUMBER, 3796196,00 PH NB AGElIT'S COPY TERM: 11-15-1999 to 11,15-2000 PROCESS DATE, OH7,2000 CG'~ FORM NO, 8000030491 G6059 Gl163 503 89 8001370397 8004960491 GG803 8004530491 G1173S0891 G130430496 G119510993 7mE HOMEOWNERS 3 SPECIAL FORM CONTINUOUS POLICY ENDORSEMENT RADAR EXCLUSION ENDORSEMENT SPECIAL PROVISIONS .- PENNSYLVANNIA HOME DAY CARE-LIABILITY EXCLUSION/LIMITED PROPERTY COVERAGE INFLATION PROTECTION COVERAGE AT NO ADDITIONAL CHARGE CREDIT CARD LIMIT: $1,000 - NO PREMIUM CHARGE PROTECTION DEVICE OR SECURITY MEASURES - 6% CREDIT EXTENDED REPLACEMENT COST REPLACEMENT COST ENDORSEMENT - PERSONAL PROPERTY '\'~" .~ ATTACHMENTS The following Farms, Endorsements and Exceptions to Conditions are part of this policy at the time of issuance. Please read them carefully, "'" PLEASE REFER TO THE IMPORTANT NOTICES SECTION OF THIS POLICY FOR IMPORTANT INFORMATION CONCERNING THIS POLICY. WE RAVE INCREASED YOUR COV. C LIMIT AT NO ADD'L CHARGE BASIC PREMIUM ADDITIONAL COVERAGES SCHEDULED PERSONAL PROPERTY HARBORMASTER PREMIUM PERSONAL PROTECTOR TOTAL HOMEOWNERS $205.00 $0.00 $0.00 $0.00 $0.00 $205.00 PREMIUM / CRED" SUMMARY: (Included in the Total Homeowners Premium) TOTAL POLICY PREMIUM $205.00 YOU WILL BE CREDITED WITH A DEPOSIT OF $205.00 """ G2Q80S0699 POLICY NUMBER, AGENT NUMBER, CP,SQ87267 3796196,00 PH NB AGENT'S COPY TERM, 11,15,1999 to 11,15-2000 PROCESS DATE, 01-17-2000 CGU I-;:'I~(i") ri=';- r, r _ ':::\ /1", ,,'~~:~L=;_, J_~~~J I fl ! I ru' ",,- " 1'1 rUJI - ~--~..JL::.J CGI: Mid-Atlantic Insurance 100 COfl>orate Center Drive Camp Hill, P A 17001.8851 Tel 717.303.2363 fax 717,469.7044 May 8. 2000 Douglas Kish 3 13 Plane Streel Middletown. PA 17057 Re' Claim#: Insured: Date ofloss: Type of loss: Policy # Loss locatIOn OP201168W Kish Undetennined Intentional loss of personal property CPSQ87267 313 Plane Street, Middletown. PA 17057 Dear Mr, KISh, Please be adVised that we have completed our inwsligatJon into the above caplloned loss and have sufficient intormation to make a proper deCision regarding your claim On or about 03/17/00. you submitted a claim to the Lander-Rhen Insurance Agency for the loss of numerOus personal property items whIch were given away by your mother and / or other relallves During the course of our invesllgatlon. we evaluated all circumstances surrounding your loss and were m contact with the Middletown Police Department on several occasions, As of thIs date, the Middktown Police Department has not charged any individual for this inCident Based upon the merits of Our mvestigation completed to date. it is evident that your mother authOrized the individuals to remove your personal property items trom the insured dwelling, Your policy ffCPSQ87267 is subject to coverage fonn HOOO03 4.91 which excludes coverage tor this intentional loss as follows, SECTION 1- EXCUISIONS I. "We do not msure tor loss caused dIrectly or mdirectly by any of the lollowmg, Such loss IS excluded regardless of any other cause or event contributing concurrently or in any sequence to the loss h. Intentional Loss. meaning any loss ariSing out of any act committed, (1) By or at the dlTection of an "Insured"; and (2) With the intent to cause a loss" An "lnsured'" is defined In the Definitions section of your policy coverage fonn HO.D003 4.91 as follows: In this policy. "you" and "your" refer to the "named insured" shown in the Declarations and the spouse if a resident of the same household. "We", "us" and "our" refer to the Company providing thiS Insurance In addition, certain words and phrases are defined as follows. 3. "Insured" means you and reSidents of your household who are a. your relauves: or b Other persons under the age of 21 and in the care of any person named above. Theretore, as your mother IS an insured as defined above. and as your mother authorized the removal of your personal property. and as your policy specifically excludes coverage for this type of loss, we must respectfully decline coverage on thIS loss, Should additional infonnation become available, whIch you feel, may atfect coverage, please forward thiS mfonnation to our office for further review and coverage evaluation. Otherwise, we Will be retiring our claims file by means of this letter Without waiver ofany of the rights, !eons, condition or provisions of policy IICPSQ87267 Smcerely. r -/JA~ Timothy L. Shatto Property Loss SpeCIalist 717-303-2363 cc Lander .Rhen Insurance Agency 37.96196 VERIFICATION I verifY that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief This Verification is made by Plaintiffs counsel based upon information provided by Plaintiff to Plaintiffs counsel regarding the factual averments contained herein. I understand that false statements herein are made subject to the penalties of 18 Pa. C. $, Section 4904, relating to unsworn falsification to authorities, elson, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS KISH, Plaintiff 2003 - 4851 v. Civil Action - Law ONE BEACON INSURANCE GROUP flk/a CGU INSURANCE, Defendant ACTION FOR DECLARATORY JUDGMENT CERTIFICATE OF SERVICE I, James I. Nelson, Esquire, attorney for Plaintiff do hereby certifY that I this day served a copy of the Complaint upon the following by USPS First Class Mail, addressed as follows: Paul K. Geer, Esquire DIBELLA, GEER, McALLISTER & BEST 312 Boulevard of the Allies Pittsburgh, PA 15222 Attorney for Defendant Dated: September 26, 2005 Respectfully submitted, ROMINGER BAYLEY & WHARE Attorneys for Plaintiff (') <-> Sf\ ,,~::.) C <.,:;;::::i c.n , (/'J :::l en r:i~ -;;.. , -r":--r1 r<' _C'~'~ 0' '"~; J-.) __It. ,~ ',; ~ '-11 "j c'") ;'-:J"1. 'j .-, -:7>- .=2 d :D w -< In The Court of Common Pleas of Cumberland County, Pennsylvania D<;mglas Kish vs. CGO Insurance SERVE: CGO Insurance Now October 2, 2003 , No. 03-4851 civil , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Philadelphia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. rfA~~~~~~R Sheriff of Cumberland County, PA Affidavit of Service Now, Outoby q7( ,20 OQ, at 3:000'ciock ..p. M. served the within swnml5Y7 0 upon 0&lA J1lsuYtU1~ at 1-01; WQIf1i{A% Sf. / phAJa f Pa by handing to ]::ufUi VI &naJ..A. wood a and made known to /Ie V r / ~001-l / <-=V"lt.I. <;: '0) /-~~ 7'tV{{",.f~t" V copy of the original the contents thereof. So answers, Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT $ $ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS KISH, CIVIL ACTION - LAW Plaintiff, NO. 03-48!51 CIVIL TERM vs. CGU 1f\ISURANCE, PRAECIPE FOR RULE TO FILE COMPLA!NT Defendant. Filed on bElhalf of Defendant, CGUINSURANCE Counsel of Record for this Party: PAUL K. GEER, ESQUIRE PA ID NO 27675 DiBELLA GEER McALLISTER BEST Firm 1.0, No. 099 312 Boule,vard of the Allies Third Floor Pittsburgh, PA 15222 412-261-2900 .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS KISH, CIVIL ACTION - LAW Plaintiff, NO, 03.48~)1 CIVIL TERM vs. CGUINSURANCE Defendant. JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO: PROTHONOTARY Please issue a Rule upon Plaintiff to File a Complaint within twenty (20) days pursuant to the Pennsylvania Rules of Civil Procedure, Respectfully submitted, DiBELLA GEER McALLISTER BEST B~~ PAULK.GEER, QUIRE Attorney for Defendant CGUINSURANCE AUGUST 2, 2005, RULE 'IO FILE a::MPLAINT ENTERED. ~ r'C o (~, "'" g c,.n C) -co :..? 'T':."" 'c: ,:.;"'~ n-j tv , ~..' !-:-" :~~ ....~ 0:.> - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS KISH, Plaintiff, vs, ONE BEACON INSURANCE GROUP flk/a CGU INSURANCE, Defendant. TO: Plaintiff You are hereby notified to file a written response to the within Answer and New Matter within twenty (20) days from service hereof or a judgment may be entered a . st you. ~ / ,~< - CIVIL ACTION - LAW NO, 03.4851 CIVIL TERM ANSWER AND NEW MATTER TO COMPLAINT FOR DECLARATORY JUDGMENT Filed on behalf of Defendant, CGU INSURANCE Counsel of Record for this Party: PAUL K. GEER, ESQUIRE PA ID NO 27675 DiBELLA GEER McALLISTER BEST Firm 1.0. No, 099 312 Boulevard of the Allies Third Floor Pittsburgh, PA 15222 412.261.2900 (j (' (- () -n :-j ,--:i::? -0 ~, , .- L.::... f',",: ; '.; c.~ :T) -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS KISH, CIVIL ACTION - LAW Plaintiff, NO. 03-4851 CIVIL TERM vs. ONE BEACON INSURANCE GROU flk/a CGU INSURANCE, Defendant. ANSWER AND NEW MATTER TO COMPLAINT FOR DECLARATORY JUDGMENT The Commercial Union Insurance Company, improperly named One Beacon Insurance Group flk/a CGU Insurance by its counsel DiBella Geer McAllister & Best and Paul K, Geer, Esquire and files the following Answer and New Matter to Plaintiffs' Complaint. 1, After reasonable investigation, the Defendant is without knowledge or information or sufficient to form a belief as to the truth of the averments of paragraph 1 and therefore denies the same. 2, The averments of paragraph 2 are denied in that One Beacon Insurance Group flk/a CGU Insurance is not a proper Defendant in this matter. Plaintiff, Douglas Kish, contracted with Commercial Union Insurance Company and purchased home owner's policy number CP.SQ87267. There is no contractual relationship between Mr. Kish and neither One Beacon Insurance Group or CGU Insurance. 3. It is admitted that Commercial Union Insurance Company did business in the Commonwealth of Pennsylvania at all times relevant to this Complaint. 4, The averments of paragraph 4 are admitted in part and denied in part. It is admitted that Commercial Union Insurance Company issued policy number Cpo SQ87267 to the Plaintiff, This is self.evident by the copy of declarations page of the insurance policy attached as Exhibit A. It is denied, however, that Exhibit A is the insurance contract. 5. The averments of paragraph 5 are admitted in part and denied in part, It is admitted that in March of 2000, Plaintiff submitted a claim for loss of personal property, The date of loss, based upon the information provided by Plaintiff, however, was February of 2000. The remaining averments of paragraph 5 are denied for reasons set forth under New Matter. 6. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 6 and therefore denies the same. 7, The averments of paragraph 7 are denied as stated, The summary set forth in paragraph 7 does not adequately set forth the reasons for denial of claim, Attached as Exhibit B is a true and correct copy of the letter setting forth the exclusions upon which the denial was based. 8, The averments of paragraph 8 are denied as stated, The summary set forth in paragraph 8 does not adequately set forth the reasons for denial of claim, Attached as Exhibit B is a true and correct copy of the letter setting forth the exclusions upon which the denial was based. 9, The averments of paragraph 9 are denied as stated. Plaintiff's counsel alleged, after the claim was denied, that "Mr. Kish's mother did not intend for any loss to occur. The medical records submitted in support that allegations, however, were not supportive of the argument made by Plaintiff's counsel. 10, The averments of paragraph 10 are denied for reasons set forth more fully under New Matter, incorporated herein by reference. 11. The averments of paragraph 11 are denied for reasons set forth more fully under New Matter, incorporated herein by reference, 11. (It is presumed that due to typographical error, the Complaint contains two 11 's, The following is the answer to the second paragraph numbered 11,) Said paragraph is denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the cousin of Mr. Kish or his residence, It is averred, that based upon information provided to Commercial Union during the course of the investigation that medical records reveal that Plaintiff's mother, Pauleen Kish, who resided at the insured premises, had no significant abnormality in her brain and that other than moderate depressive symptoms, she "was felt to be competent to continue making all basic decisions", Based upon information received, the personal property allegedly removed from the home was given away by Pauleen Kish and insured under the policy. It is also noteworthy that Plaintiff has not proven the existence or value of the items for which claim was made, 12, The averments of paragraph 12 are denied as conclusions of law. 13.19, The Complaint served upon Defendant contained no paragraphs numbered 13-19, 20, The averments of paragraph 20 are denied as conclusions of law, WHEREFORE, Defendant, improperly named One Beacon Insurance Group flk/a CGU Insurance demands that judgment be entered in its favor and against Plaintiff. NEW MATTER 21. Plaintiff has failed to join at least two indispensable parties, Indispensable parties to the action would include the estate of Pauleen Kish and the cousin(s) of Mr. Kish's, who allegedly removed or were given the property, 22, Based upon information provided to Defendant by Plaintiff Douglas Kish during the submission of the claim, the following events occurred which are relevant to the loss and claim for insurance proceeds. a. On February 7 or 8, 2000, Plaintiff was served with a temporary restraining order by local sheriff's deputies and removed from his home at the insured address, 313 Plane Street, Middletown, Pennsylvania, The temporary restraining order had been obtained by Pauleen Kish, Plaintiff's mother was the only other resident of the property. b, Plaintiff indicated that after he was forced to leave the premises, his mother began "cleaning out the house", In the cleaning process, she either gave away or sold a collection of Playboy magazines allegedly owned by Mr. Kish, as well as an alleged collection of autographs of Playboy bunnies and other items collected by the Plaintiff, including racing memorabilia. c, In the statement provided by Mr. Kish, he stated that family members, Randy Schildt and Kevin Silvis were all persons he suspected of purchasing the property, which was the subject matter of the insurance claim, d. When asked why he believed his mother would give away his possessions, Mr. Kish replied, "She was upset with me because we did have arguments, okay?..'we did have arguing and I did break things and I did break some of her things, but I am not sure if these things wouldn't have been over a $1,000 tops.. I mean that, that is extremely ah, that is the only reason I know it is just a, like, like a vengeance". e, The information provided by Mr. Kish indicated that Plaintiff and Pauleen Kish had an ongoing series of arguments and disagreements while they resided together at the insured premises, 313 Plane Street, Middletown, Pennsylvania 17057, f, In addition, the statement indicated that during the course of one argument, Mr. Kish broke a number of items of personal property owned by his mother. After his occurred, Mrs, Kish obtained the court order requiring Mr. Kish to leave the premises, In his absence, Ms. Kish cleaned out the property, may have sold some of the articles and otherwise, disposed of some of Plaintiffs' property, either in an effort to clean the house or out of retribution for his actions damaging her property, 23. The insurance contract defines insured as: "Insured" means you and residents of your household are: a. your relatives, or b. Other persons under the age of 21 and in the care of any named person above. 24. Pauleen Kish was a resident of the insured premises, 313 Plane Street" Middletown, Pennsylvania 17057 and was a relative of the insured Randy Kish and therefore, she was an insured under the policy, 25, The insurance policy contains the following exclusion: 1, "We do not insure for loss caused directly or indirectly by any of the following, Such loss is excluded regardless of any other cause or event contributing concurrently or in any sequence to the loss. h. Intentional Loss, meaning any loss arising out of any act committed: (1) By or at the direction of an "insured", and (2) With the intent to cause a loss, 26. Based upon information provided during the course of the investigation, Pauleen Kish intentionally disposed of the property, which is the subject matter of this Complaint, with the intent to cause a loss to Mr. Kish as a result of her efforts at retribution or to clean up the house following his forcible removal by the Sheriff, 27. Douglas Kish failed to establish either the existence of the items which were the subject matter of this claim or their value. 28, The loss in question occurred in February of 2000 and was discovered by Plaintiff during February of 2000, The claim was reported to Defendant in late February or early March of 2000, 29. The applicable insurance policy provides: Section 1 - Conditions 8, Suit against us . No action can be brought against the policy unless the policy provisions have been complied with and the action is started within one year after the date of loss, 30, The contractual limitation provision of the policy required that any lawsuit be filed within one date of loss - - thus, it had to be filed during the month of February, 2001, 31, This lawsuit should be dismissed based upon violation of the contractual limitation period in the policy that requires that all actions be filed within one year of date of loss. 32, The writ of summons was commenced in September 2003, over two and half years after the contractual limitation period expired and over three and half years after the alleged loss was discovered by the Plaintiff. 33, Plaintiffs failed to sue the correct Defendant. As Exhibit A to Plaintiff's Complaint indicates, the insurance policy was issued by Commercial Union Insurance Company, Plaintiff has no contractual relationship with either of the named Plaintiffs, CGU Insurance or One Beacon Insurance, 34, The original writ of summons was filed against CGU Insurance on or about September 15, 2003, Thereafter, after being ruled to file a complaint, Plaintiffs filed a lawsuit in which Defendant was named One Beacon Insurance Group f/k/a CGU Insurance. Thus, Plaintiff has sought to add One Beacon Insurance Group to the action without leave of court over two years after filing its writ of summons, 35. The Plaintiff has not stated claim against the Defendants upon which relief can be based. WHEREFORE, Commercial Union Insurance Company, improperly named in this Complaint as One Beacon Insurance Group flk/a CGU Insurance, requests that judgment be entered for Defendant and against Plaintiff. Respectfully submitted, DiBELLA GEER McALLISTER BEST BY: K, GEER, ESQUIRE Attorney for Defendant JURY TRIAL DEMANDED CIJSTOM HOMEOWNERS POLICY DECLARATIONS POUCY PEmoo .,~ ?~~ ~~:'l~?t;l From 11-15-1999 to 11-15-2000 AT 12:01 AM STANDARD TIME YOUR AGENT IS 3796196-00 LANDER - RHEN INSURANCE AGENCY 279 WEST MAIN STREET MIDDLETOWN PA 17057 (717) 944-0466 POUCYNUMBER CP-SQ87267 COMPANY COMMERCIAL UNION INSURANCE COMPANY NAMEO INSUREO DOUGLAS KISH 313 PLANE STREET MIDDLETOWN PA 17057 LOCATION OF INSUREO PREMISES 313 PLANE STREET MIDDLETOWN PA 17057 TRANSACTION NEW POLICY PAYMENT PIAN DIRECT BILL INSURED ITlclu4e1 Copyrichted Mat~ial ~ IMllfJonee SeNie6'1 O11\ct-, Int. with its permission. Copyright, Insl.Irance Service$ Office, Inc., 1988.2000 """ Dear Policyholder: LANDER - RHEN INSURANCE AGENCY and CGU INSURANCE are pleased to present you with your new homeowners insurance policy. A bill for your premium is being sent to you separately advising you of the minimum payment due and the premium due date. Thank you for letting us be of service and if you have any questions, please contact LANDER - RHEN INSURANCE AGENCY at (717) 944-0466. 04~7J7 Sworn. l~ $Ub9Cribed ... ~ i!.W X'ffi:lay ",~.,L.O ~ r~:-')'I:"~.~~;;.::-~i!'~/,'~~t:!:n,;r :::'/~_' ',',;". N(;JTAI1IA' SEAL - DONN~, M SPiNA' NOlar P bl M Clly of Philadelphia, Phila Y Co~n:~ y Cummlss!on Ex~.;r8S JUJ 14,20C7 SW,~\Ib8Cribed bel~ tl1ia . Y tll.tJ:!1- ,"-11l SECTION I UMrr5 OF UABIUTY OEOUCTlBLE Section I: In case of loss, under Sec.1. we cover only that part of the loss over the dedwctible stated below: 75,000 7,500 52,500 15,000 $250 SECTION 1. A. B. C. D. DWELLING OTHER STRUCTURES PERSONAL PROPERTY LOSS OF USE SECTION /I E. F. PERSONAL LIABILITY - EACH OCCURRENCE MEDICAL PAYMENTS 100,000 1,000 ,." ~ "' " EXHIBIT A G208QS0699 POLICY NUMBER: AGENT NUMBER: CP,SQ87267 3796196,00 PH NB ARCHIVE COPY TERM: 11-15-1999 to 11-15,2000 PROCESS DATE: 01,17,2000 v, One Beacon I '. S 1) RAN C ~ E The following Forms, Endorsements and Exceptions to Conditions are part of this policy at the time of issuance. Please read them carefully. FORM NO. 8000030491 G6059 G116350389 8001370397 8004960491 06803 8004530491 0117350891 G130430496 G119510993 TITLE HOMEOWNERS 3 SPECIAL FORM CONTINUOUS POLICY ENDORSEMENT RADAR EXCLUSION ENDORSEMENT SPECIAL PROVISIONS - PENNSYLVANNIA HOME DAY CARE-LIABILITY EXCLUSION/LIMITED PROPERTY COVERAGE INFLATION PROTECTION COVERAGE AT NO ADDITIONAL CHARGE CREDIT CARD LIMIT: $1,000 - NO PREMIUM CHARGE PROTECTION DEVICE OR SECURITY MEASURES - 6% CREDIT EXTENDED REPLACEMENT COST REPLACEMENT COST ENDORSEMENT - PERSONAL PROPERTY """ PLEASE REFER TO THE IMPORTANT NOTICES SECTION OF THIS POLICY FOR IMPORTANT INFORMATION CONCERNING THIS POLICY. WE HAVE INCREASED YOUR COY. C LIMIT AT NO ADD'L CHARGE BASIC PREMIUM ADDITIONAL COVERAGES SCHEDULED PERSONAL PROPERTY HARBORMASTER PREMIUM PERSONAL PROTECTOR TOTAL HOMEOWNERS $205.00 $0.00 $0.00 $0.00 $0.00 $205.00 PREMIUM / CREOff SUMMARY: (Included in the Total Homeowners Premium) TOTAL POLICY PREMIUM $205.00 YOU WILL BE CREDITED WITH A DEPOSIT OF $205.00 """ G208050699 POLICY NUMBER, AGENT NUMBER, CP-SQB7267 3796196,00 PH NB ARCHIVE COPY TERM, 11-15-1999 to 11-15-2000 PROCESS DATE, 01,17-2000 ~A One Beacon ." ] \I S I) RAN (E RATE PLAN 02 STD RISK STATE PENNSYLVANIA TERRITORY 33 TAX TERRITORY 00937 NUMBER OF BUILDING CODE CONSTRUCTIDN FAMILIES GRADING OF DWELLING ONE 99 FRAME PROTECTION YEAR DWELLING DWELLING CLASS BUILT EFF.AGE 4 1955 FEET FROM HYDRANT WITHIN 1000 MILES FROM FIRE DEPT. WITHIN 1 FIRE DISTRICT RATING DATE 11-15-1999 "'" (alThe residence premises is not seasonal; (b) No business pursuits are conducted on the residence premises; Ic) The residence premises is the only premises where the named insured or spouse maintains a residence other than business or farm properties; (d) The insured has no full time residence employees; Ie) The insured has no outboard motorls) or watercraft otherwise excluded under this policy for which coverage is desired, Exceptions, if any, to IA), (8), Ie), (D), or (E), Absence of any entry means "No Exceptions", ()1J2)4061lE1 G2080S0699 POLICY NUMBER, AGENT NUMBER, CP,SQ87267 3796196,00 PH NB ARCHIVE COPY TERM, 11-15-1999 to lH5-2000 PROCESS DATE, 01-17,2000 f/ 19~~~~~~?':' G5013 0894 CONSUMER PROTECTION NOTICE We may, as a part of our underwriting procedure for process. ing applications for insurance, or in updating or renewing it, order an investigative consumer report whereby information as to your character, general reputation, personal charac- teristics, and mode of living, whichever is applicable, is obtained through personal interviews with your neighbors, friends, or others with whom you are acquainted orwho may have knowledge concerning any of these items of information to develop information, If such, consumer report is ordered, further information on the nature and scope of the investiga. tion is available to you upon your written request. POLICY NUMBER CP,SQB7267 AGENT NUMBER, 3796196,00 PH NB ARCHIVE COPY TERM, 11-15-1999 to 11,15-2000 PROCESS OATE, 01-17,2000 HO 291 01 81 PENiVsnVANIA NOTICE Ai' . , ?~~~~?~?t;1 An Insurance Company, its agents, employees, or service contractors acting on its behalf, may provide services to reduce the likelihood of injury, death or loss, These services may include any of the following or related services incident to the application for, issuance, renewal or continuation of, a policy of insurance: 1. su rveys; 2. consultation or advice; or 3. inspections, The "Insurance Consultation Services Exemption Act" of Pennsylvania provides that the Insurance Company, its agents, employees or service contractors acting on its behalf, is not liable for damages from injury, death or loss occurring as a result of any act or omission by any person in the furnishing of or the failure to furnish these services, The Act does not apply: 1. if the injury, death or loss occurred during the actual performance of the services and was caused by the negligence of the Insurance Company, its agents, em. ployees or service contractors; 2. to consultation services required to be performed under a written service contract not related to a policy of in- surance; or 3. if any acts or omissions of the Insurance Company, its agents, employees or service contractors are judicially determined to constitute a crime, actual malice, or gross negligence, POLICY NUMBER, CP,SQ87267 AGENT NUMBER, 3796196-00 PH NB ARCHIVE COPY TERM, 11-15,1999 to 11-15-2000 PROCESS DATE, 01-17,2000 HO 00 03 04 91 HOMEOWNERS 3 SPECIAL FORM ftf, 9~~ ~~~~9r; This policy is a legal contract between you and us, It consists 01: 1. Your Policy Declarations; 2. This Policy Booklet; and 3. Any Amendments, Endorsements and Schedules which we issue with'your Policy. PLEASE READ THIS CAREFUllY YOUR HOMEOWNERS POUCY QUICK REFERENCE AGREEMENT DERN/TIfJNS SECTION 1- PROPERTY COVERAGES Coverage A - Dwelling Coverage 8 - Other Structures Coverage C - Personal Property Coverage D - Loss of Use Additional Coverages Debris Remova I Trees, Shrubs and Plants Credit Card Glass or Safety Glazing Material SECnON 1- PERILS INSURED AGAINST SECnON 1- EXCLUSIONS SECnON 1- CONDmONS Insurable Interest Duties After Loss Loss Settlement Mortgage Cia use Page 1 1 2 6 7 8 SEcnON 11- UABILITY COVERAGES Coverage E -Personal Liability Coverage F - Medical Payments to Others SECnON 11- EXCLUSIONS SECTION 11- ADOmONAL COVERAGES Claim Expenses First Aid Expenses Damage to Property of Others Loss Assessment SEcnON 11- CONDmONS Limit of Liability Duties After Loss SECTION I and SECnON 11- CONomONS Policy Period Cancellation Non.Renewal Page 10 10 12 12 13 AGREEMENT We will provide the insurance described in this policy in return for the premium and compliance with all applicable provisions of this policy, OEFINmONS In this POliCY, "you" and "your" refer to the "named insured" shown in the Declarations and the spouse if a resident of the same household, "We", "us" and "our" refer to the Company providing this insurance, In addition, certain words and phrases are defined as follows: 1. "Bodily injury" means bodily harm, sickness or disease, including required care, loss of services and death that results, 2, "Business" includes trade, profession or occupation. 3, "Insured" means you and residents of your household who are: a. Your relatives; or b. Other persons under the age of 21 and in the care of any person named above. Under Section II, "insured" also means: c, With respect to animals or watercraft to which this policy applies, any person or organization legally re- sponsible for these animals or watercraft which are owned by you or any person included in 3.a. or 3.b. above. A person or organization using or having custody of these animals or watercraft in the course of any "business" or without consent of the owner is not an uinsuredll ; d, With respect to any vehicle to which this policy applies: (1) Persons while engaged in your employ or that of any person included in 3.a. or 3.b. above; or (2) Other persons using the vehicle on an "insured location" with your consent. 4. "Insured location" means: a, The "residence premises"; b, The part of other premises, other structures and grounds used by you as a residence and: (1) Which is shown in the Declarations; or (2) Which is acquired by you during the policy period for your use as a residence; POLICY NUMBER, CP-SQ87267 AGENT NUMBER, 3796196,00 PH NB ARCHM COPY TERM, 11-15,1999 to 11-15-2000 PROCESS DATE, 01-17,2000 Form No. Page No. HOOOOS 0491 2 OF 14 c. Any premises used by you in connection with a prem- ises in 4.a, and 4.b. above; d, Any part of a premises: (1) Not owned by an "insured"; and (2) Where an "insured" is temporarily residing; e. Vacant land, other than farm land, owned by or rented to an llinsured!!; f. Land owned by or rented to an "insured" on which a one or two family dwelling is being built as a residence for an uinsured"; g. Individual or family cemetery plots or burial vaults of an llinsured"; or h. Any part of a premises occasionally rented to an "in- sured" for other than "business" use, 5. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful, conditions, which results, during the policy period, In: a, "Bodily injury"; or b. "Property damage", 6. "Property damage" means physical injury to, destruction of, or loss of use of tangible property, 7, "Residence employee" means: a. An employee of an "insured" whose duties are related to the maintenance or use of the "residence premises", Including household or domestic services; or b, One who performs similar duties elsewhere not related to the ubusinessll of an llinsured", 8. "Residence premises" means: a, The one family dwelling, other structures, and grounds; or b. That part of any other building; where you reside and which is shown as the "residence premises" in the Declarations. "Residence pr,emises" also means a two family dwelling where you reside In at least one of the family units and which is shown as the "residence premises" in the Dec- larations, SECTION 1- PROPERTY COVERAGES COVERAGE A - Dwelling We cover: 1. The dwelling on the "residence premises" shown in the Declarations, including structures attached to the dwell. ing; and 2. Materials and supplies located on or next to the "residence premises" used to construct, alter or repair the dwelling or other structures on the "residence premises", This coverage does not apply to land, including land on which the dwelling is located, COVERAGE B - Other Structures We cover other structures on the "residence premises" set apart from the dwelling by clear space, This includes struc- tures connected to the dwelling by only a fence, utility line, or Similar connection, This coverage does not apply to land, including land on which the other structures are located, u . ~ 9~~~~~~?r;-' We do not cover other structures: 1. Used in whole or in part for "business"; or 2. Rented or held for rental to any person not a tenant of the dwelling, unless used solely as a private garage. The limit of liability for this coverage will not be more than 10%.of the limit of liability that applies to Coverage A, Use of this coverage does not reduce the Coverage A limit of liability, COVERAGE C - Personal Property We cover personal property owned or used by an "insured" while it is anywhere in the world, At your request, we will cover personal property owned by: 1, Others while the property is on the part of the "residence premises" occupied by an "insured"; 2, A guest or a "residence employee", while the property is In any reSidence occupied by an "insured", Our limit of liability for personal property usually located at an "Insured's" residence, other than the "residence prem- Ises", is 10% of the limit of liability for Coverage C, or $1000, whichever IS greater, Personal property in a newly acquired principal residence is not subject to this limitation for the 30 days from the time you begin to move the property there, Special Limits of Liability, These limits do not increase the Coverage C limit of liability, The special limit for each numbered category below is the total limit for each loss for all property in that category, 1, $200 on money, bank notes, bullion, gold other than goldware, silverother than silverware, platinum, coins and medals. 2. $1000 on securities, accounts, deeds, evidences of debt, letters of credit, notes other than bank notes, manuscripts, personal records, passports, tickets and stamps, This dollar limit applies to these categories regardless of the medium (such as paper or computer software) on which the material exists, This limit includes the cost to research, replace or restore the information from the lost or damaged material. 3, $1000 on watercraft, including their trailers, furnishings, equipment and outboard engines or motors, 4, $1000 on trailers not used with watercraft. 5, $1000 for loss by theft of jewelry, watches, furs, precious and semi-precious stones, 6, $2000 for loss by theft of firearms, 7, $2500 for loss by theft of silverware, silver.plated ware, goldware, gold.plated ware and pewterware, This includes flatware, hollowware, tea sets, trays and trophies made of or including silver, gold or pewter, 8, $2500 on property, on the "residence premises", used at any time or in any manner for any "business purpose", 9, $250 on property, away from the "residence premises", used at any time or in any manner for any "business purpose", However, this limit does not apply to loss to adaptable electronic apparatus as described in Special Limits 10. and 11. below, 10,$1000 for loss to electronic apparatus, while in or upon a motor vehicle or other motorized land conveyance, if the electronic apparatus is equipped to be operated by power POLICY NUMBER, CP-SQ87267 AGENT NUMBER. 3796196-00 PH NB ARCHIVE COPY TERM. 11,15,1999 to 11-15,2000 PROCESS DATE. 01,17,2000 Form No. ,Page No. HOOO03 0491 3 OF 14 from the electrical system of the vehicle or conveyance while retaining its capability of being operated by other sources of power, Electronic apparatus includes: a, Accessories or antennas; or b. Tapes, wires, records, discs or other media; for use with any electronic apparatus, 11.$1000 for loss to electronic apparatus, while not in or upon a motor vehicle or other motorized land conveyance, if the electronic apparatus: a. Is equipped to be operated by power from the electrical system of the vehicle or conveyance while retaining its capability of being operated by other sources of power; b, Is away from the "residence premises"; and c. Is used at any time or in any manner for any "business" purpose, Electronic apparatus includes: a. Accessories and antennas; or b. Tapes, wires, records, discs or other media; for use with any electronic apparatus, Property Not Covered. We do not cover: 1, Articles separateiy described and specifically insured in this or other insurance; 2. Animals, birds or fish; 3. Motor vehicles or all other motorized land conveyances, This includes: a, Their equipment and accessories; or b, Electronic apparatus that is designed to be operated solely by use of the power from the electrical system of motor vehicles or all other motorized land conveyances, Electronic apparatus includes: (1) Accessories or antennas; or (2) Tapes, wires, records, discs or other media; for use with any electronic apparatus, The exclusion of property described in 3.a. and 3.b. above applies only while the property is in or upon the vehicle or conveyance, We do cover vehicles or conveyances not subject to motor vehicle registration which are: a. Used to service an "insured's residence"; or b. Designed for assisting the handicapped; 4. Aircraft and parts, Aircraft means any contrivance used or designed for flight, except model or hobby aircraft not used or designed to carry people or cargo; 5. Property of roomers, boarders and other tenants, except property of roomers and boarders related to an "insured"; 6, Property in an apartment regularly rented or held for rental to others by an "Insured", except as provided in Additional Coverages 10, 7. Property rented or held for rental to others off the "resi. dence premises"; 8, "Business" data, including such data stored in: a. Books of account, drawings or other paper records; or b. Electronic data processing tapes, wires, records, discs or other software media; tf I <?~~ !?~~~9r; However, we do cover the cost of blank recording or storage media, and of pre. recorded computer programs available on the retail market; or 9, Credit cards or fund transfer cards except as provided in Additional Coverages 6, COVERAGE 0 - Loss Of Use The limit of liability for Coverage D is the total limit for all the coverages that follow, 1, If a loss covered under this Section makes that part of the "residence premises" where you reside not fit to live in, we cover, at your choice, either of the foliowing, However, if the "residence premises" is not your principal place of residence, we will not provide the option under paragraph b. below. a, Additional living Expense, meaning any necessary increase in living expenses incurred by you so that your household can maintain its normal standard of living; or b, Fair Rental Value, meaning the fair rental value of that part of the "residence premises" where you reside less any expenses that do not continue while the premises is not fit to live in, Payment under a. or b, will be for the shortest time required to repair or replace the damage or, if you per. manently relocate, the shortest time required for your household to settle elsewhere, 2. If a loss covered under th'ls Section ma kes that pa rt at the "residence premises" rented to others or held for rental by you not fit to live in, we cover the: Fair Rental Value, meaning the fair rental value of that part of the "residence premises" rented to others or held for rental by you less any expenses that do not continue while the premises is not fit to live in, Payment will be for the shortest time required to repair or replace that part of the premises rented or held for rental. 3. If a civil authority prohibits you from use ofthe "residence premises" as a result of direct damage to neighboring premises by a Peril Insured Against in this policy, we cover the Additional Living Expense and Fair Rental Value loss as provided under 1. and 2. above tor no more than two weeks, The periods oftime under 1.,2. and 3. above are not limited by expiration of this policy, We do not cover loss or expense due to cancellation of a lease or agreement. ADDmONAL COVERAGES 1, Debris Removal. We will pay your reasonable expense for the removal of: a, Debris of covered property if a Peril Insured Against that applies to the damaged property causes the loss; or b, Ash, dust or particles from a volcanic eruption that has caused direct loss to a building or property contained in a building, This expense is included in the limit of liability that applies to the damaged property, If the amount to be paid for the actual damage to the property plus the debris removal expense is more than the limit of liability for the damaged POLICY NUMBER, CP,SQ87267 AGENT NUMBER, 3796196,00 PH NB ARCHIVE COPY TERM, 11-15,1999 to 11-15,2000 PROCESS DATE, 01-17-2000 Form No. Page No. HO 00 03 04 9i 4 OF 14 property, an additional 5% of that limit of liability is available for debris removal expense, We will also pay your reasonable expense, up to $500, for the removal from the "residence premises" of: a. Your tree(s) felled by the peril of Windstorm or Hail; b. Your tree(s) felled by the peril of Weight of Ice, Snow or Sleet; or c. A neighbor's tree(s) felled by a Peril Insured Against under Coverage C; provided the tree(s) damages a covered structure, The $500 limit is the most we will pay in anyone loss regardless of the number of fallen trees, 2. Reasonable Repairs, In the event that covered property is damaged by an applicable Peril Insured Against, wewill pay the reasonable cost incurred by you for necessary measures taken solely to protect against further damage, If the measures taken involve repair to other damaged property, we will pay for those measures only if that property is covered under this policy and the damage to that property is caused by an applicable Peril Insured Against. Th is coverage: a. Does not increase the limit of liability that applies to the covered property; b, Does not relieve you of your duties, in case of a loss to covered property, as set forth in SECTION 1- CONDI- TION 2.d. 3. Trees, Shrubs and Other Plants, We cover trees, shrubs, plants or lawns, on the "residence premises", for loss caused by the following Perils Insured Against: Fire or lightning, Explosion, Riot or civil commotion, Aircraft, Vehicles not owned or operated by a resident of the "residence premises", Vandalism or malicious mischief or Theft, We will pay up to 5% of the limit of liability that applies to the dwelling for all trees, shrubs, plants or lawns, No more than $500 of this limit will be available for anyone tree, shrub or plant. We do not cover property grown for "business" purposes, ThiS coverage is additional insurance, 4. Fire Department Service Charge, We will pay up to $500 for your liability assumed by contract or agreement for fire department charges incurred when the fire department is called to save or protect covered property from a Peril Insured Against. We do not cover fire department service charges if the property is located within the limits of the city, municipality or protection district furnishing the fire department response, This coverage is additional insurance, No deductible ap- plies to this coverage, 5. Property Removed, We insure covered property against direct loss from any cause while being removed from a premises endangered by a Peril Insured Against and for no more than 30 days while removed, This coverage does not change the limit of liability that applies to the property being removed, ff I 9~~ ~~?~9.r: 6. Credit Card, Fund Transfer Card, Forgery and Counter- feit Money. We will pay up to $500 for: a, The legal obligation of an "insured" to pay because of the theft or unauthorized use of credit cards issued to or registered in an "insured's" name; b, Loss resulting from theft or unauthorized use of a fund transfer card used for deposit, withdrawal or transfer offunds, issued to or registered in an "insured's" name; c, Loss to an "insured" caused by forgery or alteration of any check or negotiable instrument; and d, Loss to an "Insured" through acceptance in good faith of counterfeit United States or Canadian paper curren- cy, We do not cover use of a credit card orfund transfer card: a, By a resident of you r household; b, By a person who has been entrusted with either type of card; or c, If an "insured" has not complied with all terms and conditions under which the cards are issued, All loss resulting from a series of acts committed by any one person or in which anyone person is concerned or implicated is considered to be one loss, We do not cover loss arising out of "business" use or dishonesty of an "Insured", ThiS coverage is additional insurance, No deductible ap- plies to this coverage, Defense: a, We may investigate and settle any claim or suit that we decide is appropriate. Our duty to defend a claim or suit ends when the amount we pay for the loss equals our limit of liability, b. If a suit is brought against an "Insured" for liability under the Credit Card or Fund Transfer Card coverage, we will provide a defense at our expense by counsel of our choice. c, We have the option to defend at our expense an "insured" or an "Insured's" bank against any suit for the enforcement of payment under the Forgery cov- erage, 7, Loss Assessment. We will pay up to $1000 for your share of loss assessment charged during the policy period against you by a corporation or association of property owners, when the assessment is made as a result of direct loss to the property, owned by all members collectively, caused by a Peril Insured Against under COVERAGE A- DWELLING, other than earthquake or land shock waves or tremors before, during or after a volcanic eruption, This coverage applies only to loss assessments charged against you as owner or tenant of the "residence prem- ises" . We do not cover loss assessments charged against you or a corporation or association of property owners by any governmental body, The limit of $1000 is the most we will pay with respect to anyone loss, regardless of the number of assessments, Condition 1. Policy Period, under SECTIONS I AND II CONDITIONS, does not apply to this coverage, POLICY NUMBER: CP-SQ87267 AGENT NUMBER, 3796196,00 PH NB ARCHIVE COPY TERM: 11,15,1999 to 11,15-2000 PROCESS DATE, 01-17-2000 Form No. . Page No. HO 00 03 04 91 5 OF 14 8, Collapse, We insure for direct physical loss to covered property involving collapse of a building or any part of a building caused only by one or more of the following: a. Perils Insured Against in COVERAGE C - PERSONAL PROPERTY, These perils apply to covered buildings and personal property for loss insured by this additional coverage, b, Hidden decay, c. Hidden insect or vermin damage, d. Weight of contents, equipment, animals or people, e, Weight of rain which collects on a roof, or f. Use of defective material or methods in construction, remodeling or renovation if, the collapse occurs during the course of the construction, remodeling or renova- tion, Loss to an awning, fence, patio, pavement, swimming pool, underground pipe, flue, drain, cesspool, septic tank, foundation, retaining wall, bulkhead, pier, wharf or dock is not included under items b., c., d., e., and f. unless the loss is a direct result of the collapse of a building, Collapse does not include settling, cracking, shrinking, bulging or expansion, This coverage does not increase the limit of liability applying to the damaged covered property. 9. Glass or Safety Glazing Material. We cover: a. The breakage of glass or safety glazing material which is part of a covered building, storm door or storm window; and b, Damage to covered property by glass or safety glazing material which is part of a building, storm door or storm window, This coverage does not include loss on the "residence premises" if the dwelling has been vacant for more than 30 consecutive days immediately before the loss, A dwell- ing being constructed is not considered vacant. Loss for damage to glass will be settled on the basis of replacement with safety glazing materials when required by ordinance or law, This coverage does not increase the limit of liability that applies to the damaged property, 10.Landlord's Furnishings, Wewill pay up to $2500 for your appliances, carpeting and other household furnishings, in an apartment on the "residence premises" regularly rent- ed or held for rental to others by an "insured", for loss caused only by the following Perils Insured Against: a, Fire or lightning. b, Windstorm or hail. This peril does not include loss to the property con- tained in a building caused by rain, snow, sleet, sand or dust unless the direct force of wind or hail damages the building causing an opening in a roof or wall and the rain, snow, sleet, sand or dust enters through this opening, This peril includes loss to watercraft and their trailers, furnishings, equipment, and outboard engines or mo. tors, only while inside a fully enclosed building, c, Explosion, tf I C?~~ ~~~~9':' d. Riot or civil commotion, e, Aircraft, including self-propelled missiles and space. craft, f. Vehicles, g, Smoke, meaning sudden and accidental damage from smoke, This peril does not include loss caused by smoke from agricultural smudging or industrial operations, h, Vandalism or malicious mischief, i. Falling objects, This peril does not include loss to property contained in a building unless the roof or an outside wall of the building is first damaged by a falling object. Damage to the failing object itself is not included, j, Weight of ice, snow or sleet which causes damage to property contained in a building, k. Accidental discharge or overflow of water or steam from within a plumbing, heating, air conditioning or automatic fire protective sprinkler system orfrom with. in a household appliance. This peril does not include loss: (1) To the system or appliance from which the water or steam escaped, (2) Caused by or resulting from freezing except as pro. vided in the peril of freezing below; or (3) On the "residence premises" caused by accidental discharge or overflow which occurs off the "res- idence premises", In this peril, a plumbing system does not include a sump, sump pump or related equipment. I. Sudden and accidental tearing apart, cracking, burn- ing or bulging of a steam or hot water heating system, an air conditioning or automatic fire protective sprinkler system, or an appliance for heating water. We do not cover loss caused by or resulting from freezing under this peril. m. Freezing of a plumbing, heating, air conditioning or automatic fire protective sprinkler system or of a house. hold appliance, This peril does not include loss on the "residence premises" while the dwelling is unoccupied, unless you have used reasonable care to: (1) Maintain heat in the building, or (2) Shut off the water supply and drain the system and appliances of water. n. Sudden and accidental damage from artificially gen. erated electrical current. This peril does not include loss to a tube, transistor or similar electronic component. 0, Volcanic eruption other than loss caused by earth- quake, land shock waves or tremors, The $2500 limit is the most we will pay in anyone loss regardless of the number of appliances, carpeting or other household furnishings involved in the loss, POLICY NUMBER, CP,SQS7267 AGENT NUMBER, 3796196,00 PH NB ARCHIVE copy TERM, 11-15,1999 to 11-15-2000 PROCESS DATE, 01-17-2000 Form No, HO 00 03 04 91 Page No, 6 OF 14 SECTION 1- PERILS INSURED AGAINST COVERAGE A - DWEWNG and COVERAGE B - OTHER STRUC- TURES We insure against risk of direct loss to property described in Coverages A and B only if that loss is a physical loss to property, We do not, however, insure for loss: 1, Involving collapse, other than as provided in Additional Coverage 8.; 2, Caused by: a. Freezing of a plumbing, heating, air conditioning or automatic fire protective sprinkler system or of a household appliance, or by discharge, leakage or overflow from within the system or appliance caused by freezing, This exclusion applies only while the dwelling is vacant, unoccupied or being constructed, unless you have used reasonable care to: (1) Maintain heat in the building; or (2) Shut off the water supply and drain the system and appliances of water; b, Freezing, thawing, pressure or weight of water or ice, whether driven by wind or not, to a: (1) Fence, pavement, patio or swimming pool; (2) Foundation, retaining wall, or bulkhead; or (3) Pier, wharf or dock; c. Theft in or to a dwelling under construction, or of materials and supplies for use in the construction until the dwelling is finished and occupied; d. Vandalism and malicious mischief if the dwelling has been vacant for more than 30 consecutive days immediately before the loss, A dwelling being con. structed is not considered vacant; e. Any of the following: (1) Wear and tear, marring, deterioration; (2) Inherent vice, latent defect, mechanical break. down; (3) Smog, rust or other corrosion, mold, wet or dry rot; (4) Smoke from agricultural smudging or industrial operations; (5) Discharge, dispersal, seepage, migration, release or escape of pollutants unless the discharge, dispersal, seepage, migration, release or escape is itself caused by a Peril Insured Against under Coverage C of this policy, Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste, Waste inciudes materials to be recycled, reconditioned or reclaimed; (6) Settling, shrinking, bulging or expansion, includ. ing resultant cracking, of pavements, patios, foundations, walls, floors, roofs or ceilings; (7) Birds, vermin, rodents, or insects; or (8) Animals owned or kept by an "insured", If any of these cause water damage not otherwise excluded, from a plumbing, heating, air conditioning or automatic fire protective sprinkler system or ff I 9~~~~~~9~ household appliance, we cover loss caused by the water including the cost of tearing out and replacing any part of a building necessary to repair the system or appliance, We do not cover loss to the system or appliance from which this water escaped, 3. Excluded under Section 1- Exclusions, Under items 1. and 2., any ensuing loss to property described in Coverages A and B not excluded or excepted in this policy is covered, COVERAGE C - PERSONAL PROPERTY We insure for direct physical loss to the property described in Coverage C caused by a peril listed below unless the loss is excluded in SECTION I - EXCLUSIONS, 1, Fire or lightning, 2, Windstorm or hail. This peril does not include loss to the property contained in a building caused by rain, snow, sleet, sand or dust unless the direct force of wind or hail damages the building causing an opening in a roof or wall and the rain, snow, sleet, sand or dust enters through this opening, This peril includes loss to watercraft and their trailers, furnishings, equipment, and outboard engines or motors, only while inside a fully enclosed building, 3. Explosion, 4, Riot or civil commotion, 5, Aircraft, including self-propelled missiles and spacecraft, 6, Vehicles, 7, Smoke, meaning sudden and accidental damage from smoke, This peril does not include loss caused by smoke from agricultural smudging or industrial operations, 8. Vandalism or malicious mischief, 9, Theft, including attempted theft and loss of property from a known place when it is likely that the property has been stolen, This peril does not include loss caused by theft: a, Committed by an "insured"; b. In or to a dwelling under construction, or of materials and supplies for use in the construction until the dwelling is finished and occupied; or c. From that part of a "residence premises" rented by an 41insured" to other than an "insured". This peril does not include loss caused by theft that occurs off the "residence premises" of: a, Property while at any other residence owned by, rented to, or occupied by an "Insured", except while an "insured" is temporarily living there, Property of a student who is an "insured" is covered whiie at a residence away from home if the student has been there at any time during the 45 days immediateiy before the loss; b. Watercraft, and their furnishings, equipment and out. board engines or motors; or c. Traiiers and campers, 10. Falling objects, This peril does not include loss to property contained in a building unless the roof or an outside wall of the building POLICY NUMBER CP,SQB7267 AGENT NUMBER, 3796196-00 PH NB ARCHIVE COPY TERM, 11,15,1999 to 11,15-2000 PROCESS DATE, 01,17-2000 Form No. .Page No. H00003 0491 7 OF 14 is first damaged by a falling object. Damage to the failing object itself is not included, 11.Weight of ice, snow or sleet which causes damage to property contained in a building, 12,Accidental discharge or overflow of water or steam from within a plumbing, heating, air conditioning or automatic fire protective sprinkler system or from within a household appliance, This peril does not include loss: a, To the system or appliance from which the water or stea m esca ped: b. Caused by or resulting from freezing except as provided in the peril of freezing below: or c, On the "residence premises" caused by accidental discharge or overflow which occurs off the "residence premisesH. In this peril, a plumbing system does not include a sump, sump pump or related equipment, 13.Sudden and accidental tearing apart, cracking, burning or bulging of a steam or hot water heating system, an air conditioning or automatic fire protective sprinkler system, or an appliance for heating water, We do not cover loss caused by or resulting from freezing under this peril. 14. Freezing of a plumbing, heating, air conditioning or auto- matic fire protective sprinkler system or of a household appliance, This peril does not include loss on the "residence prem- ises" while the dwelling is unoccupied, unless you have used reasonable care to: a. Maintain heat in the building: or b. Shut off the water supply and drain the system and appliances of water, 15.Sudden and accidental damage from artificially gen. erated electrical current. This peril does not include loss to a tube, transistor or similar electronic component. 16.Volcanic eruption other than loss caused by earthquake, land shock waves or tremors, SECTION 1- EXCLUSIONS 1. We do not insure for loss caused directly or indirectly by any of the following, Such loss is excluded regardless of any other cause or event contributing concurrently or in any sequence to the loss, a, Ordinance or Law, meaning enforcement of any or. dinance or law regulating the construction, repair, or demolition of a building or other structure, unless specifically provided under this policy, b, Earth Movement, meaning earthquake including land shock waves or tremors before, during or after a vol. canic eruption: landslide; mine subsidence: mudflow; earth sinking, rising or shifting; unless direct loss by: (1) Fire: (2) Explosion; or (3) Breakage of glass or safety glazing material which is part of a building, storm door or storm window; ensues and then we will pay only for the ensuing loss. POLICY N UMBER: CP-SQ87267 AGENT NUMBER: 3796196-00 PH NB ARCHIVE COPY Li'~ One Beacon ..I'ISlIRANrE This exclusion does not apply to loss by theft, c. Water Damage, meaning: (1) Flood, surface water, waves, tidal water, overflow of a body of water, or spray from any of these, whether or not driven by wind; (2) Water which backs up through sewers or drains or which overflows from a sump; or (3) Water below the surface of the ground, including water which exerts pressure on or seeps or leaks through a building, sidewalk, driveway, foundation, swimming pool or other structure, Direct loss by fire, explosion or theft resulting from water damage is covered, d. Power Failure, meaning the failure of power or other utility seNice if the failure takes place off the "res- idence premises", But, if a Peril Insured Against ensues on the "residence premises", we will pay only for that ensuing loss, e. Neglect, meaning neglect of the "insured" to use all reasonable means to save and preseNe property at and after the time of a loss, f. War, including the following and any consequence of any of the following: (1) Undeclared war, civil war, insurrection, rebellion or revolution; (2) Warlike act by a military force or military personnel: or (3) Destruction, seizure or use for a military purpose, Discharge of a nuclear weapon will be deemed a warlike act even if accidental. g. Nuclear Hazard, to the extent set forth in the Nuclear Hazard Clause of SECTION I - CONDITIONS, h, Intentional Loss, meaning any loss arising out of any act committed: (1) By or at the direction of an "insured"; and (2) With the intent to cause a loss, 2, We do not insure for loss to property described in Cov- erages A and B caused by any of the following, However, any ensuing loss to property described in Coverages A and B not excluded or excepted in this policy is covered, a, Weather conditions, However, this exclusion only ap- plies if weather conditions contribute in any way with a cause or event excluded in paragraph 1. above to produce the loss; b, Acts or decisions, inciuding the failure to act or decide, of any person, group, organization or governmental body; c, Faulty, inadequate or defective: (1) Planning, zoning, development, sUNeying, sitting; (2) Design, specifications, workmanship, repair, con. struction, renovation, remodeling, grading, compac- tion; (3) Materials used in repair, construction, renovation or remodeling; or (4) Maintenance; of part or all of any property whether on or off the llresidence premises". TERM: 11,15,1999 to 11-15-2000 PROCESS DATE: 01,17,2000 Form No. Page No. HO 00 03 04 91 B OF 14 SECTION 1- CONOmONS 1. Insurable Interest and Limit of Liability, Even if more than one person has an insurable interest in the property covered, we will not be liable in anyone loss: a, To the "insured" for more than the amount of the "insured's" interest at the time of loss; or b, For more than the applicable limit of liability, 2. Your Duties After Loss, In case of a loss to covered property, you must see that the following are done: a. Give prompt notice to us or our agent; b, Notify the police in case of loss by theft; c, Notify the credit card or fund transfer card company in case of loss under Credit Card or Fund Transfer Card coverage; d, Protect the property from further damage, If repairs to the property are required, you must: (1) Make reasonable and necessary repairs to protect the property; and (2) Keep an accurate record of repair expenses; e. Prepare an inventory of damaged personal property showing the quantity, description, actual cash value and amount of loss, Attach all bills, receipts and related documents that justify the figures in the inventory; f. As often as we reasonably require: (1) Show the damaged property; (2) Provide us with records and documents we request and permit us to make copies; and (3) Submit to examination under oath, while not in the presence of any other "insured", and sign the same; g. Send to us, within 60 days after our request, your signed, sworn proof of loss which sets forth, to the best of your knowiedge and belief: (1) The time and cause of loss; (2) The interest of the "insured" and all others in the property involved and all liens on the property; (3) Other insurance which may cover the loss; (4) Changes in title or occupancy of the property during the term of the policy; (5) Specifications of damaged buildings and detailed repair estimates; (6) The inventory of damaged personal property de. scribed in 2.e. above; (7) Receipts for additional living expenses incurred and records that support the fair rental value loss; and (8) Evidence or affidavit that supports a claim under the Credit Card, Fund Transfer Card, Forgery and Counterfeit Money coverage, stating the amount and cause of loss, 3. Loss Settlement. Covered property losses a re settled as follows: a. Property of the following types: (1) Personal property; (2) Awnings, carpeting, household appliances, outdoor antennas and outdoor equipment, whether or not attached to buildings; and (3) Structures that are not buildings; ." C?~~ ~~~~9r;' at actual cash value at the time of loss but not more than the amount required to repair or replace, b. Buildings under Coverage A or B at replacement cost without deduction for depreciation, subject to the fol- lowing: (1) If, at the time of loss, the amount of insurance in this policy on the damaged building is 80% or more of the full replacement cost of the building immedi. ately before the loss, we will pay the cost to repair or replace, after application of deductible and with. out deduction for depreciation, but not more than the least of the following amounts: (a) The limit of liability under this policy that applies to the building; (b) The replacement cost of that part of the building damaged for like construction and use on the same premises; or (c) The necessary amount actually spent to repair or replace the damaged building, (2) If, at the time of loss, the amount of insurance in this policy on the damaged building is less than 80% of the full replacement cost of the building immedi- ately before the loss, we will pay the greater of the following amounts, but not more than the limit of liability under this policy that applies to the building: (a) The actual cash value of that part of the building damaged; or (b) That proportion of the cost to repair or replace, after application of deductible and without de- duction for depreciation, that part of the building damaged, which the total amount of insurance in this policy on the damaged building bears to 80% of the replacement cost of the building, (3) To determine the amount of insurance required to equal 80% of the full replacement cost of the building immediately before the loss, do not include the value of: (a) Excavations, foundations, piers or any supports which are below the undersurface of the lowest basement floor; (b) Those supports in (a) above which are below the surface of the ground inside the foundation walls, if there is no basement; and (c) Underground flues, pipes, wiring and drains, (4) We will pay no more than the actual cash value of the damage until actual repair or replacement is complete, Once actual repair or replacement is com. plete, we will settle the loss according to the pro. visions of b.(l) and b.(2) above, However, if the cost to repair or replace the damage is both: (a) Less than 5% of the amount of insurance in this policy on the building; and (b) Less than $2500; we will settle the loss according to the provisions of b.(l) and b.(2) above whether or not actual repair or replacement is complete, POLICY NUMBER, CP,SQ87267 AGENT NUMBER, 3796196,00 PH NB ARCHIVE COPY TERM, 11,15,1999 to 11,15,2000 PROCESS DATE, 01,17,2000 Form No, HO 00 03 04 91 ,Page No, 9 OF 14 (5) You may disregard the replacement cost loss settle. ment provisions and make claim under this policy for loss or damage to buildings on an actual cash value basis. You may then make claim within 180 days after loss for any additional liability according to the provisions of this Condition 3. Loss Settle- ". ment. 4. Loss to a Pair or Set. I n case of loss to a pair or set we may elect to: a. Repair or replace any part to restore the pair or set to its value before the loss; or b. Pay the difference between actual cash value of the property before a nd after the loss, 5, Glass Replacement. Loss for damage to glass caused by a Peril Insured Against will be settled on the basis of replacement with safety glazing materials when required by ordinance or law, 6. Appraisal, If you and we fail to agree on the amount of loss, either may demand an appraisal of the loss, In this event, each party will choose a competent appraiser within 20 days after receiving a written request from the other. The two appraisers will choose an umpire, If they cannot agree upon an umpire within 15 days, you or we may request that the choice be made by a judge of a court of record in the state where the "residence premises" is located, The appraisers will separately set the amount of loss, If the appraisers submit a written report of an agreement to us, the amount agreed upon Will be the amount of loss, if they fail to agree, they will submit their differences to the umpire, A decision agreed to by any two will set the amount of loss, Each party will, a, Pay its own appraiser; and b, Bear the other expenses of the appraisal and umpire equally, 7. Other Insurance, If a loss covered by this policy is also covered by other insurance, we will pay only the proportion of the loss that the limit of liability that applies under this policy bears to the total amount of insurance covering the loss, 8, Suit Against Us, No action can be brought unless the policy provisions have been complied with and the action is started within one year after the date of loss, 9, Our Option, If we give you written notice within 30 days after we receive your signed, sworn proof of loss, we may repair or replace any part of the damaged property with like property, 10.Loss Payment. We will adjust all losses with you, We will pay you unless some other person is named in the policy or is legally entitled to receive payment. Loss will be payable 60 days after we receive your proof of loss and: a, Reach an agreement with you; b, There is an entry of a final judgment; or c. There is a filing of an appraisal award with us, 11,Abandonment of Property, We need not accept any property abandoned by an "insured", 12.Mortgage Clause. The word "mortgagee" i ncl udes trustee, .,~ 9~~~~~~?r; If a mortgagee is named in this policy, any loss payable under Coverage A or B will be paid to the mortgagee and you, as interests appear, If more than one mortgagee is named, the order of payment will be the same as the order of precedence of the mortgages. If we deny your claim, that denial will not apply to a valid claim of the mortgagee, if the mortgagee, a, Notifies us of any change in ownership, occupancy or substantial change in risk of which the mortgagee is aware; b, Pays any premium due under this policy on demand if you have neglected to pay the premium; and c, Submits a signed, sworn statement of loss within 60 days after receiving notice from us of your failure to do so. Policy conditions relating to Appraisal, Suit Against Us and Loss Payment apply to the mortgagee, If we decide to cancel or not to renew this policy, the mortgagee wi II be notified at least 10 days before the date cancellation or non renewal takes effect. If we pay the mortgagee for any loss and deny payment to you: a, We are subrogated to all the rights of the mortgagee granted under the mortgage on the property; or b, At our option, we may pay to the mortgagee the whole principal on the mortgage plus any accrued interest. In this event, wewill receive a full assignment and transfer of the mortgage and all securities held as collateral to the mortgage debt. Subrogation will not impair the right of the mortgagee to recover the full amount of the mortgagee's claim, 13,No Benefit to Bailee, We will not recognize any assign- ment or grant any coverage that benefits a person or organization holding, storing or moving property for a fee regardless of any other provision of this policy. 14.Nuclear Hazard Clause. a. "Nuclear Hazard" means any nuclear reaction, radia. tion, or radioactive contamination, all whether control. led or uncontrolled or however caused, or any conseq uence of a ny of these, b. Loss caused by the nuclear hazard will not be con. sidered loss ca used by fire, explosion, or smoke, whether these perils are specifically named in or other. wise included within the Perils Insured Against in Section I. c, This policy does not apply under Section I to loss caused directly or indirectly by nuclear hazard, except that direct loss by fire resulting from the nuclear hazard is covered, 15, Recovered Property, If you or we recover any property for which we have made payment under this policy, you or we will notify the other of the recovery, At your option, the property will be returned to or retained by you or it will become our property, If the recovered property is returned to or retained by you, the loss payment will be adjusted based on the amount you received for the recovered property . POLICY NUMBER, CP-SQB7267 AGENT NUMBER, 3796196,00 PH NB ARCHIVE COPY TERM, 11,15,1999 to 11-15,2000 PROCESS DATE, 0:-17,2000 Form No. Page No. H00003 0491 10 OF 14 16.Volcanic Eruption Period, One or more volcanic eruptions that occur within a 72-hour period will be considered as one volcanic eruption, SECTION 11- liABILITY COVERAGES COVERAGE E - Personal liability If a claim is made or a SUit is brought against an "insured" for damages because of "bodily injury" or "property dam- age" caused by an "occurrence" to which this coverage applies, we will: 1. Pay up to our limit of liability for the damages for which the "insured" is legally liable. Damages inciude prejudg- ment interest awarded against the "Insured"; and 2, Provide a defense at our expense by counsel of our choice, even if the suit is groundless, false or fraudulent. We may investigate and settle any claim or suit that we decide is appropriate, Our duty to settie or defend ends when the amount we pay for damages resulting from the "occur- rence" equals our limit of liability, COVERAGE F - Medical Payments To OIIrers We will pay the necessary medical expenses that are incurred or medically ascertained within three years from the date of an accident causing "bodily injury", Medical expenses means reasonable charges for medical, surgical, x-ray, den- tal, ambulance, hospital, professional nursing, prosthetic devices and funeral services, This coverage does not apply to you or regular residents of your household except "res- idence employees", As to others, this coverage applies only: 1, To a person on the "insured location" with the permission of an llinsured"; or 2, To a person off the "insured location", if the "bodily injury": a, Arises out of a condition on the "insured location" or the ways immediately adjoining; b. Is caused by the activities of an "insured"; c, Is caused by a "residence employee" in the course of the "residence employee's" employment by an "in- sured"; or d. Is caused by an animal owned by or in the care of an lIinsured" . SECTION 11- EXCLUSIONS 1, Coverage E - Personal Liability and Coverage F - Medical Payments to Others do not apply to "bodily injury" or "property damage": a. Which is expected or intended by the "Insured"; b, Arising out of or in connection with a "business" engaged in by an "insured", This exclusion applies but is not limited to an act or omission, regardless of its nature or circumstance, involving a service or duty rendered, promised, owed, or implied to be provided because of the nature of the "business"; c, Arising out of the rental or holding for rental of any part of any premises by an "insured", This exclusion does not apply to the rental or holding for rental of an uinsured location": (1) On an occasional basis if used only as a residence; ." c;:>~~~~~~?';' . (2) In part for use only as a residence, unless a single family unit is intended for use by the occupying family to lodge more than two roomers or boarders; or (3) In part, as an office, school, studio or private garage; d, Arising out of the rendering of or failure to render professional services; e, Arising out of a premises: (1) Owned by an "insured"; (2) Rented to an "insured"; or (3) Rented to others by an "insured"; that is not an "insured location"; f. Arising out of: (1) The ownership, maintenance, use, loading or un- loading of motor vehicles or all other motorized land conveyances, including trailers, owned or operated by or rented or loaned to an "insured"; (2) The entrustment by an "insured" of a motor vehicle or any other motorized land conveyance to any person; or (3) Vicarious liability, whether or not statutorily im- posed, for the actions of a child or minor using a conveyance excluded in paragraph (1) or (2) above, This exclusion does not apply to: (1) A trailer not towed by or carried on a motorized land conveyance, (2) A motorized land conveyance designed for recrea- tional use off public roads, not subject to motor vehicle registration and: (a) Not owned by an "insured"; or (b) Owned by an "insured" and on an "Insured location" ; (3) A motorized golf cart when used to play golf on a golf course; (4) A vehicle or conveyance not subject to motor vehicle registration which is: (a) Used to service an "insured's" residence; (b) Designed for assisting the handicapped; or (c) In dead storage on an "insured location"; g, AriSing out of: (1) The ownership, maintenance, use, loading or un- loading of an excluded watercraft described below; (2) The entrustment by an "Insured" of an excluded watercraft described below to any person; or (3) Vicarious liability, whether or not statutorily im- posed, for the actions of a child or minor using an excluded watercraft described below, Excluded watercraft are those that are principally de- signed to be propelled by engine power or electric motor, or are sailing vessels, whether owned by or rented to an "insured", This exclusion does not apply to watercraft: (1) That are not sailing vessels and are powered by: (a) Inboard or inboard-outdrive engine or motor pow- er of 50 horsepower or less not owned by an uinsuredJl; POLICY NUMBER, CP-SQ87267 AGENT NUMBER, 3796196-00 PH NB ARCHIVE COPY TERM, 11-15-1999 to 11,15,2000 PROCESS OATE, 01,17-2000 HOOOOS 0491 11 OF 14 (b) Inboard or inboard-outdrive engine or motor pow- er of more than 50 horsepower not owned by or rented to an uinsuredu; (c) One or more outboard engines or motors with 25 total horsepower or less; (d) One or more outboard engines or motors with more than 25 total horsepower if the outboard engine or motor is not owned by an "insured"; (e) Outboard engines or motors of more than 25 total horsepower owned by an "Insured" if: (i) You acquire them prior to the policy period; and (a) You declare them at policy inception; or (b) Your intention to insure is reported to us in writingwithin 45 days after you acquire the outboard engines, or motors, (II) You acquire them during the policy period, This coverage applies for the policy period, (2) That are sailing vessels, with or without auxiliary power: (a) Less than 26 feet in overall length; (b)26 feet or more in overall length, not owned by or rented to an "insured", (3) That are stored; h. Arising out of: (1) The ownership, maintenance, use, loading or un- loading of an aircraft; (2) The entrustment by an "insured" of an aircraft to any person; or (3) Vicarious liability, whether or not statutorily im- posed, for the actions of a child or minor using an a i rc raft, An aircraft means any contrivance used or designed for flight, except model or hobby aircraft' not used or designed to carry people or cargo; i. Caused directly or indirectly by war, Including the following and any consequence of any of the following: (1) Undeclared war, civil war, insurrection, rebellion or revol ution; (2) Warlike act by a military force or military personnel; or (3) Destruction, seizure or use for a military purpose, Discharge of a nuclear weapon will be deemed a warlike act even if accidental; i, Which arises out of the transmission of a commun- icable disease by an "insured"; k, Arising out of sexual molestation, corporal punishment or physical or mental abuse; or I. Arising out of the use, sale, manufacture, delivery, transfer or possession by any person of a Controlled Substance(s) as defined by the Federal Food and Drug Law at 21 U,S,C,A Sections 811 and 812, Controlled Substances include but are not limited to cocaine, LSD, marijuana and all narcotic drugs, However, this ex- clusion does not apply to the legitimate use of prescrip- tion drugs by a person following the orders of a licensed physician, Form No. . Page No. f/ I C?~~ ~~~~?': Exclusions e., f., g., and h. do not apply to "bodily injury" to a "residence employee" arising out of and in the course of the "residence employee's" employment by an "in- sured", 2, Coverage E - Personai Liability, does not appiy to: a, Liability: (1) For any loss assessment charged against you as a member of an association, corporation or com- munity of property owners; (2) Under any contract or agreement. However, this exclusion does not apply to written contracts: (a) That directly relate to the ownership, mainte- nance or use of an "insured location"; or (b) Where the liability of others is assumed by the Ilinsured" prior to an uoccurrence'!; uniess excluded in (1) above or elsewhere in this policy; b, "Property damage" to property owned by the "in- sured"; c, "Property damage" to property rented to, occupied or used by or in the care of the "insured", This exclusion does not apply to "property damage" caused by fire, smoke or explosion; d, "Bodily injury" to any person eligible to receive any benefits: (1) Voluntarily provided; or (2) Required to be provided; by the "insured" under any: (1) Workers' compensation law; (2) Non-occupational disability law; or (3) Occupational disease law; e. "Bodily injury" or "property damage" for which an "insured" under this policy: (1) Is also an "insured" under a nuclear energy liability poi icy; or (2) Would be an insured under that policy but for the exhaustion of its limit of liability, A nuclear energy liability policy is one Issued by: (1) American Nuclear Insurers; (2) Mutual Atomic Energy Liability Underwriters; (3) Nuclear Insurance Association of Canada; or any of their successors; or f. "Bodily injury" to you or an "insured" within the meaning of part a. or b. of "insured" as defined, 3, Coverage F - Medical Payments to Others, does not apply to "bodily injury": a, To a "residence employee" if the "bodily injury": (1) Occurs off the "insured location"; and (2) Does not arise out of or In the course of the "res- Idence employee's" employment by an "insured"; b, To any person eligible to receive benefits: (1) Voluntarily provided; or (2) Required to be prOVided; under any: (1) Workers' compensation law; (2) Non-occupational disability law: or POLICY NUMBER, CP-SQ87267 AGENT NUMBER: 3796196,00 PH NB ARCHIVE COPY TERM: 11,15-1999 to 11-15-2000 PROCESS DATE, 01-17,2000 Form No. Page No. HO 00 03 04 91 12 OF 14 (3) Occupational disease law; c, From any: (1) Nuclear reaction; (2) Nuclear radiation; or (3) Radioactive contamination; all whether controlled or uncontrolled or however caused; or (4) Any consequence of any of these; or d. To any person, other than a "residence employee" of an "insured", regularly residing on any part of the uinsured location". SEcnON 11- AOOfTlONAL COVERAGES We cover the following in addition to the limits of liability: 1, Claim Expenses, We pay: a. Expenses we incur and costs taxed against an "in- sured" in any suit we defend; b. Premiums on bonds required in a suit we defend, but not for bond amounts more than the limit of liability for Coverage E, We need not apply for or furnish any bond; c. Reasonable expenses incurred by an "insured" at our request, including actual loss of earnings (but not loss of other income) up to $50 per day, for assisting us in the investigation or defense of a claim or suit; and d, Interest on the entire judgment which accrues after entry of the judgment and before we payor tender, or deposit in court that part of the judgment which does not exceed the limit of liability that applies, 2. First Aid Expenses, We will pay expenses for first aid to others incurred by an "insured" for "bodily injury" covered under this policy. Wewill not pay for first aid to you or any other J1insuredll. 3, Damage to Property of Others, We will pay, at replace- ment cost, up to $500 per "occurrence" for "property damage" to property of others caused by an "insured", We will not pay for "property damage": a. To the extent of any amount recoverable under Section I of this policy; b. Caused intentionally by an "insured" who is 13 years of age or older; c, To property owned by an "Insured"; d, To property owned by or rented to a tenant of an "insured" or a resident in your household; or e. Arising out of: (1) A "business" engaged in by an "insured"; (2) Any act or omission in connection with a premises owned, rented or controlled by an "Insured", other than the "insured location"; or (3) The ownership, maintenance, or use of aircraft, watercraft or motor vehicles or all other motorized land conveyances, This exclusion does not apply to a motorized land conveya nee designed for recreationa I use off pu bl ic roads, not subject to motor vehicle registration and not owned by an "insured", 4, Loss Assessment. We will payupto$1000foryourshare of loss assessment charged during the policy period ILl' . , C?~~ ~~~~9':' against you by a corporation or association of property owners, when the assessment IS made as a result of: a. "Bodily injury" or "property damage" not excluded under Section II of this policy; or b. Liability for an act of a director, officer or trustee in the capacity as a director, officer or trustee, provided: (1) The director, officer or trustee is elected by the members of a corporation or association of property owners; and (2) The director, officer or trustee serves without deriv- ing any income from the exercise of duties which are solely on behalf of a corporation or association of property owners, This coverage applies only to loss assessments charged against you as owner or tenant of the "residence prem- ises". We do not cover loss assessments charged against you or a corporation or association of property owners by any governmental body, Regardless of the number of assessments, the limit of $1000 is the most we will pay for loss arising out of: a. One accident, including continuous or repeated ex- posure to substantially the same general harmful con- dition; or b, A covered act of a director, officer or trustee, An act involvrng more than one director, officer or trustee is considered to be a single act. The following do not apply to this coverage: 1. Section II - Coverage E - Personal Liability Ex- clusion 2.a.(1); 2. Condition 1. Policy Period, under SECTIONS I AND II - CONDITIONS, SEcnON 11- CONOmONS 1, Limit of Liability, Our total liability under Coverage E for all damages resulting from anyone "occurrence" will not be more than the limit of liability for Coverage E as shown in the Declarations, This limit is the same regardless of the number of "insureds", claims made or persons injured, All "bodily injury" and "property damage" resulting from anyone accident or from continuous or repeated exposure to substantially the same general harmful conditions shall be considered to be the result of one "occurrence", Our total liability under Coverage F for all medical expense payable for "bodily Injury" to one person as the result of one accident will not be more than the limit of liability for Coverage F as shown in the Declarations, 2, Severability of Insurance, This insurance applies sep- arately to each "insured", This condition will not increase our limit of liability for anyone "occurrence", 3. Duties After Loss, In case of an accident or "occurrence", the "insured" will perform the following duties that apply, You will help us by seeing that these duties are performed: a. Give written notice to us or our agent as soon as is practical, which sets forth: (1) The identity of the policy and "insured"; POLICY NUMBER: CP-SQ87267 AGENT NUMBER: 3796196,00 PH NB ARCI/WE COPY TERM: 11,15,1999 to 11-15,2000 PROCESS DATE: 01,17,2000 Fo,rm No. .Page No. HD 00 03 04 91 13 OF 14 (2) Reasonably available information on the time, place and circumstances of the accident or "occurrence"; and (3) Names and addresses of any claimants and wit- nesses; b. Promptly forward to us every notice, demand, sum- mons or other process relat'lng to the accident or Hoccurrenceu; c, At our request, help us: (1) To make settlement; (2) To enforce any right of contribution or indemnity against any person or organization who may be liable to an "insured"; (3) With the conduct of suits and attend hearings and trials; and (4) To secure and give evidence and obtain the atten- dance of witnesses; d. Under the coverage - Damage to Property of Others - submit to us within 60 days after the loss, a sworn statement of loss and show the damaged property, if in the "insured's" control; e, The "insured" will not, except at the "insured's" own cost, voluntarily make payment, assume obligation or incur expense other than for first aid to others at the time of the "bodily injury", 4, Duties of an Injured Person - Coverage F - Medical Payments to Others, The injured person or someone acting for the injured person will: a. Give us written proof of claim, under oath if required, as soon as is practical; and b, Authorize us to obtam copies of medical reports and records, The injured person will submit to a physical exam by a doctor of our choice when and as often as we reasonably require, 5. Payment of Claim - Coverage F - Medical Payments to Others, Payment under this coverage is not an admis- sion of liability by an "insured" or us, 6, Suit Against Us, No action can be brought against us unless there has been compliance with the policy pro- visions, No one will have the right to join us as a party to any action against an "insured", Also, no action with respect to Coverage E can be brought against us until the obligation of the "insured" has been determined by final judgment or agreement signed by us, 7, Bankruptcy of an Insured, Bankruptcy or insolvency of an "insured" will not relieve us of our obligations under this policy. 8. Other Insurance - Coverage E - Personal Liability, This insurance is excess over other valid and collectible insurance except insurance Written specifically to cover as excess over the limits of liability that apply in this policy, ,,~ ?~~ !3~?~?r; SEcnONS 1 ANO 11- CONOmONS 1, Policy Period. This policy applies only to loss In Section I or "bodily injury" or "property damage" in Section II, which occurs during the policy period, 2. Concealment or Fraud, The entire policy will be void if, whether before or after a loss, an "insured" has: a, Intentionally concealed or misrepresented any material fact or circumstance; b. Engaged in fraudulent conduct; or c, Made false statements; relating to this insurance. 3. Liberalization Clause, If we make a change which broad- ens coverage under this edition of our policy without additional premium charge, that change will automatically apply to your insurance as of the date we implement the change In your state, provided that this implementation date fa lis within 60 days prior to or during the policy period stated in the Declarations, This Liberalization Clause does not apply to changes implemented through introduction of a subsequent edition of our policy. 4, Waiver or Change of Policy Provisions, A waiver or change of a prOVision of this policy must be in writing by us to be valid. Our request for an appraisal or examination will not waive any of our rights, 5. Cancellation, a, You may cancel this policy at any time by returning it to us or by letting us know in writing of the date cancellation is to take effect. b, We may cancel this policy only for the reasons stated below by letting you know in writing of the date cancellation takes effect. This cancellation notice may be delivered to you, or mailed to you at your mailing address shown in the Declarations, Proof of mailing will be sufficient proof of notice, (1) When you have not paid the premium, we may cancel at any time by letting you know at least 10 days before the date cancellation takes effect. (2) When this policy has been in effect for less than 60 days and is not a renewal With us, we may cancel for any reason by letting you know at leastl 0 days before the date cancellation takes effect. (3) When this policy has been in effect for 60 days or more, or at any time if it is a renewai with us, we may cancel: (a) If there has been a material misrepresentat'lon of fact which if known to us would have caused us not to issue the policy; or (b) If the risk has changed substantially since the pol icy was issued. This can be done by letting you know at least 30 days before the date cancellation takes effect. (4) When this policy is written for a period of more than one year, we may cancel for any reason at anniver- sary by letting you know at least 30 days before the date canceilation takes effect. POLICY NUMBER, CP.SQB7267 AGENT NUMBER, 3796196-00 PH NB ARCHIVE COPY TERM, 11-15.1999 to lH5,2000 PROCESS DATE, 01-17,2000 Form No, HO 00 03 04 91 Page No, 14 OF 14 c. When this policy is cancelled, the premium for the period from the date of cancellation to the expiration date will be refunded pro rata, d. If the return premium is not refunded with the notice of cancellation or when this policy is returned to us, we will refund it within a reasonable time after the date cancellation takes effect. 6. Nonrenewal. We may elect not to renew this policy, We may do so by delivering to you, or mailing to you at your mailing address shown in the Declarations, written notice at least 30 days before the expiration date of this policy, Proof of mailing will be sufficient proof of notice. 7. Assignment. Assignment of this policy will not be valid unless we give our written consent. 8. Subrogation, An "insured" may waive in writing before a loss all rights of recovery against any person. If not waived, we may require an assignment of rights of recovery for a loss to the extent that payment is made by us, ff; ?~~~~~~??r;', If an assignment is sought, an "insured" must sign and deliver all related papers and cooperate with us, Subrogation does not apply under Section II to Medical Payments to Others or Damage to Property of Others, 9. Death, If any person named in the Declarations or the spouse, if a resident of the same household, dies: a, We insure the legal representative of the deceased but only with respect to the premises and property of the deceased covered under the policy atthe time of death; b, "Insured" includes: (1) Any member of your household who is an "Insured" at the time of your death, but only while a resident of the "residence premises"; and (2) With respect to your property, the person having proper temporary custody of the property until ap- pointment and qualification of a legal repre- sentative, In Witness Whereof, we have caused this policy to be executed and attested and if required by state by law, this policy shall not be valid unless countersigned by our authorized agent. ~f<,~ Dennis Smith, Secretary CountersignedAgencyat: R~'~~id~ (Authorized Agent) POLICY NUMBER: CP-SQB7267 AGENT NUMBER: 3796196-00 PH NB ARCHWE COPY TERM: 11-15,1999 to 11,15-2000 PROCESS DATE: 01-17,2000 HO 01 37 03 97 SPECIAL PROVISIONS - PENNSYLVANIA ft~ ?!;1~ !3~~~?r; SECTION 1- PROPERTY COVERAGES COVERAGE C - Personal Property Special Limits of Liability Items 10. and 11. are deleted and replaced by the following (these are Items 7. and 8. In Form HO 00 08): 10.$1,000 for loss to electronic apparatus, while in or upon a motor vehicle or other motorized land conveyance, if the electronic apparatus is equipped to be operated by power from the electrical system of the vehicle or conveyance while retaining its capability of being operated by other sources of power, Electronic apparatus includes: a. Accessories or antennas, or b, Tapes, wires, records, discs or other media; for use with any electronic apparatus described In this item 10. 11.$1,000 for loss to electronic apparatus, while not in or upon a motor vehicle or other motorized land conveyance, if the electronic apparatus: a. Is equipped to be operated by power from the electrical system of the vehicle or conveyance while retaining its capability of being operated by other sources of power; b. Is away from the "residence premises"; and e. Is used at any time or in any manner for any "business" purpose, Electronic apparatus includes: a. Accessories and antennas; or b. Tapes, wires, records, discs or other media; for use with any electronic apparatus described in this item 11. Property Not Covered item 3.b. is deleted and replaced by the following: 3, Motor vehicles or all other motorized land conveyances, This includes: b, Electronic apparatus that is designed to be operated solely by use of the power from the electrical system of motor vehicles or all other, motorized land conveyan- ces, Electronic apparatus includes: (1) Accessories or antennas; or (2) Tapes, wires, records, discs or other media; for use with any electronic apparatus described in this item 3.b. The exclusion of property described in 3.a. and 3.b. above applies only while the property is in or upon the vehicle or conveyance, We do cover vehicles or conveyances not subject to motor vehicle registration which are: a. Used to service an "insured's" residence; or b, Designed for assisting the handicapped, COVERAGE D - Loss of Use For all forms other than HO 00 04 and HO 00 06, item 1. is deleted and replaced by the following: 1, If a loss covered under this Section makes that part of the "residence premises" where you reside not fit to live in, we cover the Additional Living Expense, meaning any necessary increase in living expenses incurred by you so that your household can maintain its normal standard of living, Payment will be for the shortest time required to repair or replace the damage or, if you permanently relocate, the shortest time required for your household to settle else- where, For Forms HO 00 04 and HO 00 06, item 1. is deieted and replaced by the following: 1, If a loss by a Peril Insured Against under this policy to covered property or the building containing the property makes the "residence premises" notfitto live in, we cover the Additional Living Expense, meaning any necessary increase in living expenses incurred by you so that your household can maintain Its normal standard of living, Payment will be for the shortest time required to repair or replace the damage or, if you permanently relocate, the shortest time required for your household to settle else- where, 1. Debris Removal is deleted and replaced by the following: 1, Debris Removal a, We will pay your reasonable expense for the removal of: (1) Debris of covered property if a Peril Insured Against that applies to the damaged property causes the loss; or (2) Ash, dust or particles from a volcanic eruption that has caused direct loss to a building or property contained in a building, This expense is included in the limit of liability that applies to the damaged property, If the amount to be paid for the actual damage to the property plus the debris removal expense is more than the Iimitof liability forthe damaged property, an additional 5% of that limit of liability is available for debris removal expense, (The second sentence of this paragraph does not apply to Form HO 00 08.) b. Fallen trees (1) If circumstances of a loss meet those specified in (2) below, we will pay your reasonable expense, up to $500, for the removal from the "residence prem- ises" of: (a) Your tree(s) felled by the peril of Windstorm or Hail; (b) Your tree(s) felled by the peril of Weight of Ice, Snow or Sleet (Forms HO 00 02, HO 00 03, HO 0004 and HO 00 06 only): or (el A neighbor's tree(s) felled by a Peril Insured Against under Coverage C, The $500 limit is the most we will pay in anyone loss regardless of the number of fallen trees, (2) Tree removal coverage as described in b.(1) above applies only if: (a) The tree damages a structure covered under this policy; or (b) Windstorm or Hail or Weight of Ice, Snow or Sleet causes damage to a structure covered under this policy and the Pennsylvania Governor declares POLICY NUMBER, CP-SQ87267 AGENT NUMBER: 3796196,00 PH NB ARCHIVE COPY TERM: 1[.15-1999 to 11-15,2000 PROCESS DATE: 01,17-2000 Form No. Page No. H00137 0397 2 OF 4 the area in which the "residence premises" is located to be a disaster area as a result of such weather conditions. AoomoNAL COVERAGES 9, Glass or Safety Glazing Material is deleted and replaced by the following: 9. Glass or Safety Glazing Material a. We cover: (1) For all forms other than HO 00 04 and HO 00 06 the breakage of glass or safety glazing material which IS part of a covered building, storm door or storm window, and for: (a) Form HO 0004, the breakage of glass or safety glazing matenal which is part of a building, storm door or storm window, and covered as Building Additions and Alterations; and (b) Form HO 00 06, the breakage of glass or safety glazing material which is part of a building, storm door or storm window, and covered under Cov- erage A; and (2) For all forms other than HO 00 04 and HO 00 06 the breakage, caused directly by Earth Movement: of glass or safety glazing material which is part of a covered building, storm door or storm window, and for (a) Form HO 00 04, the breakage, caused directly by Earth Movement, of glass or safety glazing material which is part of a building, storm door or storm window, and covered as Building Addi- tions and Alterations; and (b) Form HO 00 06, the breakage, caused directly by Earth Movement, of glass or safety glazing material which is part of a building, storm door or storm window, and covered under Coverage A; and (3) The direct physical loss to covered property caused solely by the pieces, fragments or splinters of broken glass or safety glazing material which is part of a building, storm door or storm window, b. This coverage does not include loss: (1) To covered property which results because the glass or safety glazing material has been broken, except as provided in a.(3) above; or (2) On the "residence premises" if the dwelling has been vacant for more than 30 consecutive days immediately before the loss, except when the break- age results directly from Earth Movement as pro- Vided for In a.(2) above, A dwelling being constructed is not considered vacant. Loss to glass covered under this ADDITIONAL COVERAGE 9. will be settled on the basis of replacement with safety glazing matenals when required by ordinance or law, For Forms HO 00 01 and HO 00 08, we will pay up to $100 for loss under this coverage, This coverage does not increase the limit of liability that applies to the damaged property, (This is ADDITIONAL COVERAGE 8. in Forms HO 00 01 and HO 00 08,) "i' . ., c;:>~~ !3~~~?~ '. The following ADDITIONAL COVERAGE is added to all forms except HO 00 08, With respect to Form HO 00 04 the words 'covered building' used below, refer to property covered under ADDITIONAL COVERAGE 10. Building Additions and Alterations, 11.0rdinance or Law a. You may use up to 10% of the limit of liability that applies to COVERAGE A (or for Form HO 00 04, you may use up to 10% of the limit of liability that applies to BUilding Additions and Alterations) for the increased costs you incur due to the enforcement of any ordinance or law which requires or regulates: (1) The construction, demolition, remodeling, renova- tion or repair of that part of a covered building or other structure damaged by a PERIL INSURED AGAINST; (2) The demolition and reconstruction of the undam- aged part of a covered building or other structure when that building or other structure must be totally demolished because of damage by a PERIL IN- SURED AGAINST to another part of that covered building or other structure; or (3) The remodeling, removal or replacement of the portion of the undamaged part of a covered building or other structure necessary to complete the re- modeling, repair or replacement of that part of the covered building or other structure damaged by a PERIL INSURED AGAINST, b, You may use all or part of this ordinance or law coverage to pay for the increased costs you incur to remove debris resulting from the construction demoli- tion, remodeling, renovation, repair or replac~ment of property as stated in a. above, c. We do not cover: (1) The loss in value to any covered building or other structure due to the requirements of any ordinance or law; or (2) The costs to comply with any ordinance or law which requires any "insured" or others to test for, monitor, clean up, remove, contain, treat, detoxify or neutral- Ize, or In any way respond to, or assess the effects of, pollutants on any covered building or other struc- ture, Pollutants means any solid, liquid, gaseous or ther- mal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste, Waste includes materials to be recycled recondi- tioned or reclaimed, ' This coverage IS additional insurance, (This is ADDITIONAL COVERAGE 10. in Forms HO 00 01 and HO 00 06.) SEcnON 1- PERILS INSURED AGAINST Under Form HO 00 03, Coverage A - Dwelling and Cover- age B - Other Structures, Item 2.e.(3) is deleted and replaced by the following: (3) Smog, rust or other corrosion, fungus, mold, wet or dry rot; POLICY NUMBER, CP,SQB7267 AGENT NUMBER, 3796196-00 PH NB ARCHIVE COPY TERM, 11,15-1999 to 11,15-2000 PROCESS DATE, 01-17-2000 Form No. page No. HO 01 37 03 97 3 OF 4 In Endorsements: HO 00 15, Special Personal Property Coverage, this is Item 1.b.(4)(c) under Section I - Perils Insured Against. HO 04 14, Special Computer Coverage, this is Item B.(3)(c) under Perils Insured Against. HO 1731, Unit-Owners Coverage C, this is Item 3.d.(3) under Section I - Perils InsuredAgainst. HO 17 32, Unit-Owners Coverage A, this is Item 2.e.(3) under Perils Insured Against. SECTION 1- EXCLUSIONS 1, Ordinance or Law is deleted and replaced by the follow- ing: 1, Ordinance or Law, meaning any ordinance or law: a, Requiring or regulating the construction, demolition, remodeling, renovation or repair of property, incluoing removal of any resulting debris, This exclusion La. in all forms other than HO 00 03, and 1.a.(1) in the Form HO 00 03, does not apply to the amount of coverage that may be provided for under ADDITIONAL COV- ERAGES, Glass or Safety Glazing Material orOrdinance or Law; b, The requirements of which result in a loss in value to property; or c. Requiring any "insured" or others to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, pollutants, Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste, Waste includes materials to be recycled, reconditioned or reclaimed, This exclusion applies whether or not the property has been physically damaged, (This is exclusion La. in Form HO 00 03,) 2, Earth Movement IS deleted and replaced by the following: 2. Earth Movement, meaning earthquake, including land shock waves or tremors belore, during or alter a volcanic eruption; landslide; mine subsidence; mudflow; earth shrinking, rising or shilting; unless direct loss by: a. Fire; or b, Explosion; ensues and then we will pay only for the ensuing loss, This exclusion does not apply to loss by thelt. (This is exclusion l.b. in Form HO 00 03,) 4, Power Failure is deleted and replaced by the following: 4. Power Failure, meaning the failure 01 power or other utility service if the failure takes place off the "residence premises". But ilthelailure of power or other utility service results in a loss, from a PERIL INSURED AGAINST on the "residence premises", we will pay for the loss or damage caused by that PERIL INSURED AGAINST, (This is exclusion 1.d. in Form HO 00 03,) SECTION 1- CONDmONS Under 3. Loss Settlement in Forms HO 00 02 and HO 00 03 item b.(l) is deleted and replaced by the lollowing: .,~ C;:>~~!3~~~9';1 b. Buildings under Coverage A or B at replacement cost without deduction for depreciation, subject to the fol- lowing: (1) If, at the time of loss, the amount of insurance in this policy on the damaged building is 80% or more of the full replacement cost of the building immedi- ately before the loss, we will pay the cost to repair or repiace, after application of the deductible and without deduction for depreciation, but not more than the least of the following amounts: (a) The limit of liability under this policy that applies to the building; (b) The replacement cost of that part of the building damaged; or (e) The necessary amount actually spent to repair or replace the damaged building. The replacement cost wi II not exceed that necessary for like construction and use on the same premises; regardless of whether the replacement building or repaired building is located on the same or a dif- ferent premises. 3, Loss Settlement. Under Form HO 00 06, item b.(2) is deleted and replaced by the following: (2) If the damage is not repaired or replaced within a reasonable time, at actual cash value but not more than the amount required to repair or replace, 9, Our Option is deleted and replaced by the following: 9. Our Option. We may repair or replace any part of the damaged property with like property if we give you written notice of our intention to do so within 15 working days alter we receive your signed, sworn proof of loss, SECTION 11- UABILITY COVERAGES Item l. Coverage E - Personal liability is deleted and replaced by the following: 1, Pay up to our limit of liability lor the damages for which the "insured" is legaliy liable; and Under Coverage F. - Medical Payments to others: Medical expenses do not include expenses lor luneral ser- vices, SECTION 11- EXCLUSIONS Under 1. COVERAGE E - Personal Liability and COVERAGE F - Medical Payments to Others, item a, is deleted and replaced by the following: a, Which is expected or intended by one or more "in. suredsll ; SECTION 11- ADOmONAL COVERAGES Under 1. Claim Expenses, the following paragraph is added: e. Prejudgment interest awarded against the "insured" on that part of the judgment we pay, Any prejudgment interest awarded against the "insured" is subject to the applicable Pennsylvania Rules of Civil Procedure, SECTIONS I AND 11- CONDmONS 2, Concealment or Fraud is deleted and replaced by the following: 2, Concealment or Fraud POLICY NUMBER, CP,SQB7267 AGENT NUMBER, 3796196-00 PH NB AHeHNE eopy TERM, 11-15-1999 to 11-15,2000 PROCESS DATE, 01,17-2000 Form No. Page No. HO 01 37 03 97 4 OF 4 a, Under SECTION I - PROPERTY COVERAGES, with respect to all "insureds" covered under this policy, we provide no coverage for loss under SECTION 1- PROPERTY COVERAGES if, whether before or after a loss one or more "insureds" have: (1) Intentionally concealed or misrepresented any ma- terial fact or circumstance, (2) Engaged in fraudulent conduct, or (3) Made false statements, relating to this insurance, b. Under SECTION II -LIABILITY COVERAGES, we do not provide coverage to one or more "Insureds" who, whether before or after a loss, have: (1) Intentionally concealed or misrepresented any ma- terial fact or circumstance; (2) Engaged in fraudulent conduct; or (3) Made false statements, relating to this insurance, 5, Cancellation, Paragraph b. is deleted and replaced by the followi ng: b, We may cancel this policy only for the reasons stated below by notifying the "insured" in writing of the date cancellation takes effect. This cancellation notice may be delivered to or mailed to the "insured" named in the Declarations at the mailing address shown in the policy or at a forwarding address. Proof of mailing will be sufficient proof of notice, (1) When this policy has been in effect for less than 60 days and is not a renewal with us, we may cancel for any reason by notifying the "Insured" named in the Declarations at least 30 days before the cancel- lation ta kes effect. (2) When this policy has been in effect for 60 days or more, or at any time if it is a renewal with us, we may cancel only for one or more of the following reasons by notifying the "insured" named in the Decla rations at least 30 days prior to the proposed ca ncellation date: (a) This policy was obtained through material mis- representation, fraudulent statements, omissions or concealment of fact material to the acceptance of the risk or to the hazard assumed by us, (b) There has been a substantial change or increase in hazard in the risk assumed by us subsequent to the date the pol icy was issued, (e) There is a substantial increase in hazard insured against by reason of wiliful or negligent acts or omissions by the uinsured"; (d) The "Insured" has failed to pay the premium by the due date, whether payable to us or to our agent or under any finance or credit plan; or (e) For any other reason approved by the Pennsyl- vania Insurance Commissioner. ff 19'/~~~~~?';1- This provision shall not apply ifthe named "insured" has demonstrated by some overt action to us or to our agent that the "insured" wishes the policy to be cancelled, Delivery of such written notice by us to the "Insured" named in the Declarations at the mailing address shown in the policy or at a forwarding address shall be equivalent to mailing, 6, Nonrenewal is deleted and replaced by the following: 6, Nonrenewal, We will not fail to renew this policy except for one of the reasons referred to in the Cancellation Provision of this endorsement. We may refuse to renew for one of the listed reasons by mailing to the "insured" named in the Declarations at the mailing address shown in the policy or at a forwarding address, written notice at least 30 days prior to the expiration date of this policy, This provision does not apply if: a, We have indicated our willingness to renew and the "insured" has failed to pay the premium by the due date; or b. The named "insured" has indicated to us or our agent. that the "insured" does not wish the policy to be renewed, Delivery of such written notice by us to the "insured" named in the Declarations at the mailing address shown in the policy or at a forwarding address shall be equivalent to mailing, 9. Death. Paragraph b. is deleted and the following added: b, Insurance under this policy will continue as provided in (1) or (2) below, whichever is later: (1) For 180 days after your death regardless of the policy period shown in the Declarations, unless your premises and property, covered under the policy at the time of your death, is sold prior to that date, or (2) Until the end of the policy period shown in the Declarations, unless your premises and property, covered under the policy at the time of your death, is sold prior to that date, Coverage during the period of time after your death is subject to all the provisions of this policy including payment of any premium due for the policy period shown in the Declarations and any extension of that period; e. "Insured" includes: (1) Any member of your household who is an "insured" at the time of your death, but only while a resident of the "residence premises"; and (2) With respect to your property, the person having proper temporary custody of the property until ap- pointment and qualification of a legal represen- tative, All other provisions of this policy apply, POLICY NUMBER, CP-SQ87267 AGENT NUMBER: 3796196-00 PH NB AHCHNE COPY TERM: 11-15-1999 to 11-15-2000 PROCESS DATE, 01,17-2000 Gl1951 0993 PERSONAL PROPERTY REPLACEMENT COST COVERAGE ENDORSEMENT Ai' . 'I <?':~ ~~~~?r; 1. For an added premium, we will settle losses to covered property of the following types: a. personal property; b. carpeting; e, domestic appliances; d, awnings; e, outdoor equipment; and f. outdoor antennas; whether or not attached to buildings at full replacement cost without deduction for depreciation subject to para- graph 3. 2. The following articles or classes of property separately described and specifically insured in this policy will also be settled in the same manner: a, Jewelry; b, Furs and garments trimmed with fur or consisting principally of fur; e, Cameras, projection machines, films and related ar- ticles of equipment: d, Musical equipment and related articles of equipment; e. Silverware, silver-plated ware, goldware, gold-plated ware and pewterware but excluding pens, pencils, flasks, smoking implements, or jewelry; and f. Golfer's equipment meaning golf clubs, golf clothing and golf equipment. Personal Property Replacement Cost Coverage will not apply to other classes of property separately described and specifically insured, 3. The following loss settlement procedure applies to all property insured under this endorsement: We will pay not more than the smallest of the following amounts: a. The amount necessarily spent to: (1) replace the property; or (2) repair the property; or b. Any applicable limit of liability stated in this policy including: (1) The limit of liability applying to Coverage C; and (2) any special limit of liability; and (3) for loss to any item separately described and specifi- cally insured in this policy, the limit of liability that applies to that item, 4. We will not settle losses as provided in this endorsement if: a. The loss is to any of the following types of property: (1) Property made obsolete or unusable for its originally intended purpose by its: (a) age; or (b) condition, (2) Property which cannot be replaced because of its sentimental value; (3) Property valuable because of its rarity or artistic merit, such as: (a) paintings; (b) etchings: (c) pictures; (dl tapestries; (e) art glass windows; (f) valuable rugs; (g) statuary; (h) marbles: (i) bronzes; (j) antique furniture; (k) rare books; (I) antique silver; (m) manuscripts; (n) porcelains: (0) rare glass; or (p) bric-a-brac; (4) Property valuable because of its age or history, such as: (a) memorabilia; (b) souvenirs; or (e) collector's items: b, Actual repair or replacement Is not completed, We will pay no more than the actual cash value for the loss or damage until the actual repair or replacement is completed, Ifthe actual cash value amount is insufficient to initiate repair or replacement of the lost or damaged property, we will advance to you the amount necessary for you to initiate such repair or replacement and such further amounts necessary to continue the repair or replace- ment. The amount of loss payment we agree upon for the lost or damaged property will be reduced by any advance payment. The total of all advances and other payments hereunder will not exceed the amount al- lowed under 3. Under this loss settlement procedure, the following special provisions apply: (1) You shall promptly forward to us evidence of the agreement with the party repairing or replacing the property which shows the cost and estimated com- pletion date of the repaired property or delivery date of the replaced property, (2) We will send to you the balance, if any, of the loss payment previously agreed upon when you notify us of the completion of the repairs or the expected delivery date of the replaced property, (3) If you do not comply with the above terms at any time, wewill pay no more than the actual cash value for the loss or damage, In such case, if the amount we advanced to you Is more than the actual cash value, you shall refund the difference to us within 30 days of the date we mail our refund notice to you. All other provisions of this policy apply, POLICY NUMBER, CP-SQ87267 AGENT NUMBER, 3796196,00 PH NB ARCHIVE COpy TERM, 11-15,1999 to 1).15-2000 PROCESS DATE, 01,17-2000 G6059 CONTINUOUS POUCY ENDORSEMENT .~ 9~~~~~~?~'. Subject to the consent of this Company, this policy will be continued in force upon payment of the required continuation premium for each successive policy period, subject to the G11635 0389 RADAR EXCLUSION ENDORSEMENT forms, rules, rates and premiums then in effect, for the Company, Failure to pay the required premium when due will result in the issuance of a legal notice of cancellation, Under SECTION 1- COVERAGES - COVERAGE C PERSONAL PROPERTY - Property Not Covered, item 10. is added: 10. Loss to equipment designed for use in a motor vehicle for the detection or location of radar, HO 04 96 0491 NO SECTION 11- UABILITY COVERAGES FOR HOME DAY CARE BUSINESS UMrrED SECTION 1- PROPERTY COVERAGES FOR HOME DAY CARE BUSINESS If an "insured" regularly provides home day care services to a person or persons other than "insureds" and receives monetary or other compensation for such services, that enterprise is a "business", Mutual exchange of home day care services, however, is not considered compensation, The rendering of home day care services by an "insured" to a relative of an "insured" is not considered a "business", Therefore, with respect to a home day care enterprise which is considered to be a "business", this policy: 1. Does not provide Section 11- Liability Coverages because a "business" of an "insured" is excluded under exclusion 1.b, of Section II - Exclusions; 2. Does not provide Section 1- Coverage B coverage where other structures are used in whole or in part for "business"; 3, Limits coverage for property used on the "residence prem- ises" for the home day care enterprise to $2,500, because G6803 INFLATION PROTECTION COVERAGE Coverage C - Special Limits of Liability - item 8. imposes that limit on "business" property on the "res- idence premises", (Item 8. corresponds to item 5. in Form HO 00 08,); 4, Limits coverage for property used away from "residence premises" for the home day care enterprise to $250, because Coverage C - Special Limits of Liability - item 9. imposes that limit on "business" property away from the "residence premises", Special Limit of Liability item 9. does not apply to adaptable electronic apparatus as described in Special Limit of Liability items 10. and 11. (Items 9.,10. and 11. correspond to items 6.,7. and 8. respectively in Form HO 00 08,) THIS ENDORSEMENT DOES NOT CONSTITUTE A REDUC- TION OF COVERAGE, In the event a loss exceeds the limit of liability for Coverage A, B, C or D, the limits for these coverages will be adjusted for inflation, A residential building cost index will be used as provided to us by a major appraisal company, Adjustment of policy limits will be made on a pro rata basis from the policy inception, This will reflect the most recent annual residential building cost index in effect at the time of loss. The adjusted amount after rounding to the nearest $1,000, will be the revised limits of liability, HO 04 53 04 91 CREDrr CARD, FUND TRANSFER CARD, FORGERY AND COUNTERFErr MONEY COVERAGE - Increased Limit ~nr ;!on ~r1rlitinn:::l1 promillm, th/:l limit nf li:::lhilit;., fnr Af'lnitinn:::ll rn\lor::lgo '::;, rrorlit r::l rrl , i=llnn Tr::lnc:f/:lr r:::lrrl, i=n~ery and Counterfeit Money, is increased to $ (See OeclaratiOlls), ~L~fWu~e~ll\ione~SQ~~~9Iicy aPI1ll<!' AGENT NUMBER: 3796196,00 NB ARCHIVE COI'Y TERM: 11,15,1999 to 11,15,2000 PROCESS DATE: 01,17-2000 Gl1735 08 91 P.ROTECTlON DEVICE OR SECURITY MEASURES IJ' ,. 'i ?~~ ~~~~?~ For a premium credit, we acknowledge the existence of a fire protection or alarm system, automatic sprinkler system or other security measure approved by us on the "residence premises", You agree to maintain this system, device or G13043 0496 EXTENDED REPLACEMENT COST ENDORSEMENT security measure and to notify us promptly if any change is made to it or if the system, device or security measure is removed or discontinued, For an added premium if you agree, as part of this Replace- ment Cost option, to: A. Insure the dwelling to 100% of its full replacement cost and permit us to re-calculate the replacement cost on a periodic basis; B, Maintain coverage on the dwelling at 100% of its full replacement cost by paying renewal premiums computed to reflect the then current replacement cost. The current replacement cost of the dwelling will be based on the residential construction cost index provided to us by a major appraisal company; C. Report to us, within 60 days, any improvements to the dwelling, If you do not, and the full replacement cost of these improvements exceeds $5,000 or 5% of the Cov- erage A limit shown on the Declarations page, whichever is greater, then the limit shown on the Declarations page will again become the maximum limit we will pay; D, Elect to repair or replace the damaged dwelling; We agree that the limits of liability shown on the Declarations page are modified as follows: A, COVERAGE A - DWELLING We will increase the Coverage A limit of liability to equal the current replacement cost of the dwelling if the amount of loss to the dwelling is more than the limit of liability shown on the Declarations page, The Coverage A limit shown on the Declarations page will be used to determine your premium only, except as otherwise stated In this endorsement. B. COVERAGE B - OTHER STRUCTURES When the amount of loss to Coverage A -Dwelling is more than the limit of liability shown on the Declarations page, we will also increase the limits of liability for Coverage B, by the same percentage as applied to Cov- erage A, C, If you comply with the provisions of this endorsement and there is a loss to the dwelling insured under Coverage A, Section I - Conditions, Conditions 3. Loss Settlement paragraph b. will not apply to Coverage A - Dwelling, It is replaced by paragraphs b., c., d. and e. as follows: b, The Dwelling under Coverage A at replacement cost without deduction for depreciation, We will pay the lesser of the following amounts for equivalent construc- tion and use on the same premises: (1) The replacement cost of the dwelling or any parts of it; or (2) The amount actually spent to repair or replace the dwelling or any parts of it. c, When the cost to repair or replace the damage is more than $2,500 or more than 5% of the amount of insurance in this policy on the dwelling, whichever is less, we will pay no more than the actual cash value of the damage until actual repair or replacement is com- pleted, d, You may disregard the replacement cost loss settle- ment provisions and make claim under this policy for loss or damage to the dwelling on an actual cash value basis and then make claim within 180 days after loss for additional liability on a replacement cost basis. e, Payment under this endorsement will not include any increased costs due to the enforcement of any or- dinance or law except as provided under Section I - Property Coverages, Additional Coverage 11, Ordi- nance or Law, This endorsement is void if you fail to comply with its provisions, All other provisions of this policy apply, POLICY NUMBER, CP,SQB7267 AGENT NUMBER, 3796196-00 PH NB ARCHIVE COPY TERM, 11-15-1999 to 11-15-2000 PROCESS DATE, 01,17-2000 VERIFICATION I, EILEEN HANES , verify that I am Claim Representative of ~e OneBeacon Insurance Group ,an employee of the Defendants herein, and that I am duly authorized to verify that the statements set forth in the foregoing ANSWER AND NEW MATTER TO COMPLAINT FOR DECLARATORY JUDGMENT are true and correct based upon my personal knowledge and/or upon information supplied to me by others, which information is true and correct to the best of my knowledge, information and belief, I understand that false statements herein are made subject to the penalties of 18 Pa. C,SA 94904 relating to unsworn falsification to authorities. BY: ~k.u- ~ DATE: J 0 Jd-! los- , , . CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within ANSWER AND NEW MATTER TO COMPLAINT FOR DECLARATORY JUDGMENT been forwarded to counsel of record by first class mail this day L~y of November, 2005, Karl E, Rominger, Esquire James Nelson, Esquire Rominger, Bayley & Whare 155 South Hanover Street Carlisle, PA 17013 ~~~ P L K. GEER, ESQ E Attorney for Defendant " -<,;;: () "' .-\ -~: "'J ~- Iii,.:: -." ~~:) c:J -"J {~ .:> <..J --'---- , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA DOUGLAS KISH, Plaintiff 2003 - 4851 v. Civil Action - Law ONE BEACON INSURANCE GROUP flk/a CGU INSURANCE, Defendant ACTION FOR DECLARATORY JUDGMENT REPLY TO NEW MATTER AND NOW, this 28th day of November, 2005, comes the Plaintiff, Douglas Kish, by and through his attorneys, Rominger, Bayley & Whare, and me the following Reply to New Matter of Defendant CGU Insurance, and in support thereof aver as follows: 2 L The averments of Paragraph 21 are a conclusion oflaw to which no responsive pleading is required, If a more specific answer is deemed required, the averments of Paragraph 21 are specifically denied and strict proof thereof is demanded at trial. 22(a), After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief to the truth of the averment, and proof is demanded, 22(b), After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief to the truth of the averment, and proof is demanded, 22(c), After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief to the truth of the averment, and proof is demanded, 22(d), After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief to the truth of the averment, and proof is demanded, 22(e), After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief to the truth of the averment, and proof is demanded, 22(f), After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief to the truth of the averment, and proof is demanded, 23, After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief to the truth of the averment, and proof is demanded. 24, The averments of Paragraph 24 are a conclusion oflaw to which no responsive pleading is required, If a more specific answer is deemed required, the averments of Paragraph 24 are specifically denied and strict proof thereof is demanded at trial, 25, After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief to the truth of the averment, and proof is demanded. 26, After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief to the truth of the averment, and proof is demanded. 27. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief to the truth of the averment, and proof is demanded. 28. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief to the truth of the averment, and proof is demanded. 29. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief to the truth of the averment, and proof is demanded, 30, The averments of Paragraph 30 are a conclusion oflaw to which no responsive pleading is required, If a more specific answer is deemed required, the averments of Paragraph 30 are specifically denied and strict proof thereof is demanded at trial, 31, The averments of Paragraph 31 are a conclusion of law to which no responsive pleading is required, If a more specific answer is deemed required, the averments of Paragraph 31 are specifically denied and strict proof thereof is demanded at trial, 32, The averments of Paragraph 32 are a conclusion oflaw to which no responsive pleading is required, If a more specific answer is deemed required, the averments of Paragraph 32 are specifically denied and strict proof thereof is demanded at trial. 33, The averments of Paragraph 33 are a conclusion oflaw to which no responsive pleading is required. If a more specific answer is deemed required, the averments of Paragraph 33 are specifically denied and strict proof thereof is demanded at trial. 34, The averments of Paragraph 34 are a conclusion oflaw to which no responsive pleading is required, If a more specific answer is deemed required, the averments of Paragraph 34 are specifically denied and strict proof thereof is demanded at trial. 35, The averments of Paragraph 35 are a conclusion oflaw to which no responsive pleading is required, If a more specific answer is deemed required, the averments of Paragraph 35 are specifically denied and strict proof thereof is demanded at trial, WHEREFORE, the Plaintiff respectfully requests that this Honorable Court deny the requested relief. Respectfully submitted, Date: [1/2-13 / vz:;- ROMING~, BAYLEY & WHARE ~ I I I arl E, ominger, Esquire ey 1.D, No. 81924 James 1. Nelson, Esquire Attorney 1.D, No, 91144 155 South Hanover Street Carlisle, Pennsylvania 17013 Tel: (717) 241-6070 Fax: (717) 241-6878 Attorneys for Plaintiff , '. VERIFICATION I verify that the statements made in the foregoing Answer are true and correct to the best of my knowledge, information and belief. This Verification is made by Plaintiffs counsel based upon information provided by Plaintiff to Plaintiffs counsel regarding the factual averments contained herein, I understand that false statements herein are made subject to the penalties of 18 Pa, C. S, Section 4904, relating to unsworn falsification to authorities, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS KlSH, Plaintiff 2003 - 4851 v. Civil Action - Law ONE BEACON INSURANCE GROUP f1k/ a CGU INSURANCE, Defendant ACTION FOR DECLARATORY JUDGMENT CERTIFICATE OF SERVICE I, James L Nelson, Esquire, attorney for Plaintiff do hereby certify that I this day served a copy of the ~~XaE upon the following by USPS First Class Mail, addressed as follows: Paul K. Geer, Esquire DIBELLA, GEER, McALLISTER & BEST 312 Boulevard of the Allies Pittsburgh, PA 15222 Attorney for Defendant Dated: Respectfully submitted, ROMINGER, BAYLEY & WHARE ames . Nelson, Esquire Hanover Street Carlisle, PA 17013 (717) 241-6070 Attorneys for Plaintiff P i'1~ n < " C) ~Ti :1~ ('I"J ]"'.::- t..;:~J ~"l C) Iii .> r:'"; 'Ti :.:..::. t.:..., . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS KISH, CIVIL ACTION - LAW Plaintiff, NO. 03-4851 CIVIL TERM vs. MOTION FOR SUMMARY JUDGMENT ONE BEACON INSURANCE GROUP flk/a CGU INSURANCE, Defendant. Filed on behalf of Defendant, CGU INSURANCE Counsel of Record for this Party: PAUL K. GEER, ESQUIRE PA ID NO 27675 DiBELLA GEER McALLISTER BEST Firm I.D. No. 099 312 Boulevard of the Allies Third Floor Pittsburgh, PA 15222 412-261-2900 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS KISH, CIVIL ACTION - LAW Plaintiff, NO. 03-4851 CIVIL TERM vs. ONE BEACON INSURANCE GROUP flk/a CGU INSURANCE, Defendant. MOTION FOR SUMMARY JUDGMENT CGU Insurance, by its counsel, DiBella Geer McAllister Best, files the following Motion for Summary Judgment and in support thereof, avers the following: 1. This case arises from a loss of personal property which occurred in February of 2000. The Complaint alleges that on March 17, 2000, Plaintiff submitted a claim for a loss which occurred when a substantial amount of personal property was removed from his home by unauthorized individuals (See paragraph five of the Complaint). 2. On May 8, 2000, the claim was denied by CGU Insurance on the grounds that the loss was intentional and authorized by an insured under the policy - Mr, Kish's mother. 3, Plaintiff, Douglas Kish, filed a Praecipe for a Writ of Summons on September 15, 2003. A copy of the Praecipe for Writ of Summons is attached as Exhibit A. 4. Douglas Kish then took no further action to prosecute this lawsuit until forced to do so by the filing of a Praecipe for Rule to File Complaint by CGU Insurance on August 2, 2005. Thereafter, Plaintiff a Complaint. Upon receipt of the Complaint, it is apparent that the Plaintiff is seeking coverage under his homeowner's insurance policy. 5. The applicable insurance policy provides: 2 Section 1 - Conditions 8. Suit against us - No action can be brought against the policy unless the policy provisions have been complied with and the action is started within one year after the date of loss. 6. The contractual limitation provision of the policy required that any lawsuit be filed within one date of loss - - thus, it had to be filed during the month of February, 2001. 7. This lawsuit should be dismissed based upon violation of the contractual limitation period in the policy that requires that all actions be filed within one year of date of loss. 8. The writ of summons was commenced in September 2003, over two and half years after the contractual limitation period expired and over three and half years after the alleged loss was discovered by the Plaintiff, 9. Accordingly, this lawsuit is time barred by the expiration of the applicable contractual limitation period. 10. The Supreme Court of Pennsylvania has upheld the enforceability of the one year contractual limitation period. Schreiber v, PA Lumberman's Mutual Insurance Co., 498 Pa. 21, 444 A.2d 642 (1982). 11. The one year limitation period has also been mandated by legislation 40 P.S. 9636. 12. When Plaintiff filed his Writ of Summons in September of 2003, the caption of the lawsuit read as follows: Douolas Kish v. CGU Insurance, 13. The insurance policy clearly indicates that the correct name of the insurer was Commercial Union Insurance Company. 14. After being ruled to file a Complaint on August 2, 2005, the Plaintiff filed a Complaint which contained a different caption: Doualas Kish v. One Beacon Insurance Group f/k/a CGU Insurance. 3 , 15. The Plaintiff has not sued the correct party to the insurance contract, Commercial Union Insurance Company. 16. The Plaintiff alleges in paragraph 2 that One Beacon Insurance Group flk/a CGU Insurance is a duly licensed insurance carrier, but otherwise, does not recite any facts which would give rise to a cause of action against One Beacon Insurance Group. 17. One Beacon Insurance Group was improperly joined, having been first named as party in this lawsuit over five years after the loss, 18. The lawsuit against One Beacon should be barred because the Complaint does not set forth a claim against One Beacon upon which relief could be based. Further, One Beacon Insurance Group is not a party to the contract upon which Mr, Kish's legal action is based, 19. In further support of this Motion for Summary Judgment, a Memorandum of law is attached hereto and incorporated herein by reference. Respectfully submitted, DiBELLA GEER McALLISTER BEST ,~~ BY ) a......J K: . P K. GEER, ES IRE Attorney for Defendant 4 , DOUGLAS KISH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO: - Q3- "Ii'SI dG.-.l'Tfn.."'l, CGU INSURANCE Defendant : JURY TRIAL DEMANDED (') c": 0 C G) -" s: :./) -og:; .., -" rnr. ,." Z:l~ I:'::: Zl.;' -::-.1l'T1 U1 -. (,:-~ ~:.~ l...:J ~::; .-' I '-::C'" ',"~() ;< , \-" ~c ' ~~, :!J ":"c) ;i>o - :~5m c: z .. j:J =< {D :D -< PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Please issue a writ of summons in the above captioned action. Writ of Summons shall be issued and forwarded to the Sheriff of Cumberland County at One Courthouse Square, Carlisle, Pennsylvania. Date: September 8, 2003 ~ ~Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, P A 17013 Supreme Court ID# 81924 (717) 241-6070 WRIT OF SUMMONS To The Above Named Defendants: CGU Insurance 100 Corporate Center Drive Camp Hill, PA 17001-8851 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: .re.p+ I~I ~ -~.~~. B)t; /Z/1~" P.~;-AAA'r Deputy EXHIBIT I A CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within MOTION FOR SUMMARY (; 7' JUDGMENT been forwarded to counsel of record by first class mail this day K day of May, 2006, Karl E. Rominger, Esquire Rominger, Bayley & Whare 155 South Hanover Street Carlisle, PA 17013 ~~ - UL K.~EE: ESQUIRE Attorney for Defendant 5 ~ o 0"" ::r; ~"~ -": ~ cr' q, -' -C, -f\ \,1r: -\)0:'1 -')'~ /" 1 )\CA ,-i"_ ',);."'\ ;:~. 'f\~ ) '::',~ 'ji ::<:. ';$.",-" """;'" -" .- -- "'" cP PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated infull) Douglas Kish (plaintiff) VS. CGU Insurance (Defendant) No. 03-4851 Civil Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Praecipe To List For Argument 2. Identify counsel who will argue cases: (a) for plaintiff: Karl Rominger, Esquire . (Name and Address) 155 SOl,lth Hanover StreeC,. GarlisJ.e,~ PA 1.7013 (b) for defendant: Paul K. Geer, Esquire (Name and Address) 312 Boulevard or the Allies, Pittsburgh, PA 15222 3. I will notify all parties in writing within two days that this case has ~en listed for argument. Yes 4. Argument Court Date: July 12, 2006 ~~3: ;;r::: 19nature Paul K. Geer, Esquire Print your name Defendant, CGU Insurance Date: June 2, 2006 Attorney for i... o ,..- ~;,," "'~ = <:::) 0-.. L ~ I 01 o "71 ~ ni~ -DIn ~26 , r" -;"', ,:.:'':5~~i ;',~5~~ ;~ 5:1 -< ::1::" - ...;;:.;r.. 9 c..) N 24, Douglas Kish v. CGU Insurance : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-4851 CIVIL TERM ORDER OF COURT AND NOW, July 12, 2006, by agreement of counsel, the above-captioned matter is continued from the July 12, 2006 Argument Court list. Counsel is directed to relist the case when ready, Al Rominger, Esquire For the Plaintiff vPaul K. Geer, Esquire For the Defendant ~ Court Administrator lkd ~fll~" f'\~#P~ fie!> r;f' ,. \~ Ol- Of 11.1-V"" p(\. C,,~Co. ~6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA DOUGL S KISH, Plaintiff 2003 - 4851 v. Civil Action - Law ONE BE CON INSURANCE GROUP f/k/a CGU INSURANCE, Defendant Plaintiff. I ACTION FOR DECLARATORY mDGMENT PRAECIPE TO DISCONTINUE PI e mark settled and discontinue the above captioned matter on behalf of the I I I I Respectfully submitted, Rominger & Whare '7 /' Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff Date:!I/c y.!y 2 00 ( ", . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLA KlSH, Plaintiff 2003 - 4851 v. Civil Action - Law ONE BEA ON INSURANCE GROUP f/k/a CGU SURANCE, Defendant follows: Date: ACTION FOR DECLARATOR JUDGMENT CERTIFICATE OF SERVICE I, arl E. Rominger, Esquire, attorney for the Plaintiff do hereby certify that I this a copy of the Praecipe to Withdraw upon the following by depositing the United States mail, postage prepaid, at Carlisle, Pennsylvania, addresse as Paul K. Geer DiBella, Geer, McAllister, Best 312 Boulevard of the Allies Pittsburgh, P A 15222 Respectfully submitted, Rominger & Whare ~ le'yL(j66 ~ Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ill # 81924 Attorney for Plaintiff Q r--) 0 <= C c:.:::> -n c-" ~ ::;:I ",-"-- C) ,'.-n <:": rnp n""\ CJ ..;::- ('") ;~F; -r, -,_~ C; ",st1-t -.j -)> Ul ::0 v'; -<