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HomeMy WebLinkAbout12-2321IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es) Vincent L. Champion and Heather E. Champion; 226 W. South Street; Carlisle , Pa, 17013 Case No. P c / Civil Term VS. Civil Action Defendant(s) & Address(es) State Auto Insurance Co., Harrisburg Center, Suite 200, 4900 Ritter Rd, Mechanicsburg, Pa 17055 and Deitzel Brothers, 1325 N. West St., Carlise, Pa 17013 PRAECIPE FOR WRIT OF SUMMONS - TO THE PROTHONOTARY/CLERK OF SAID COURT: 4=^, Issue summons in the above case > Writ of Summons shall be issued and forwarded to Attorn /Sheriff. lease Circle choice Date : Y/! 31.1 Signature of Attorney Print Name: Vincent L. Champion Address: Rhoads and Sinon, LLP 1 S. Market Sq., 12 Floor, Harrisburg Pa, 17018 Telephone #: 717-237-6736 Supreme Court ID Number: 88411 WRIT OF SUMMONS TO: Deitzel Brothers , sk k A-}o Znsu ncc c_ompcxn YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) H /HAV COMMENCED AN ACTION AGAINS T YOU. Prothonotary/Clerk, Civil Division Date: --V// pg©?12 Deputy G 4103,76-pol IWJ e# 60-15 3 retl? A73790 r NELSON LEVINE de LUCA & HORST, LLC BY: WILLIAM KREKSTEIN, ESQUIRE IDENTIFICATION NO.: 69149 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5100 VINCENT L. CHAMPION and HEATHER E. CHAMPION Plaintiffs V. STATE AUTO INSURANCE CO., and DEITZEL BROTHERS Defendants ATTORNEYS FOR DEFENDANT STATE AUTO PROPERTY AND CASUALTY INSURANCE COMPANY, INCORRECTLY IDENTIFIED IN THE CAPTION AS STATE AUTO INSURANCE CO. CUMBERLAND COUNTY COURT OF COMMON PLEAS wa CIVIL ACTION NO: 12-2x, y, c N) ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, State Auto Property and Casualty Insurance Company, incorrectly identified in the caption as State Auto Insurance Co., in the above-captioned matter. NELSON LEVINE de LUCA & HORST, LLC BY: W KREKSTEIN, ESQUIRE ATTORNEYS FOR DEFENDANT STATE AUTO PROPERI Y AND CASUALTY INSURANCE COMPANY, INCORRECTLY IDENTIFIED IN THE CAPTION AS STATE AUTO INSURANCE CO. Dated: April 19, 2012 NELSON LEVINE de LUCA & HORST, LLC BY: WILLIAM KREKSTEIN, ESQUIRE IDENTIFICATION NO.: 69149 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5100 VINCENT L. CHAMPION and HEATHER E. CHAMPION V. Plaintiffs STATE AUTO INSURANCE CO., and DEITZEL BROTHERS Defendants ATTORNEYS FOR DEFENDANT STATE AUTO PROPERTY AND CASUALTY INSURANCE COMPANY, INCORRECTLY IDENTIFIED IN THE CAPTION AS STATE AUTO INSURANCE CO. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION NO: 12-2321 CERTIFICATE OF SERVICE I, William Krekstein, Esquire, hereby certify that a true and correct copy of my Entry of Appearance was served on April 19, 2012, upon counsel listed below by United States Mail, postage prepaid. Vincent L. Champion, Esquire Rhoads & Sinon, LLP One South Market Square, Twelfth Floor P.O. Box 1146 Harrisburg, PA 17108-1146 Deitzel Brothers 1325 N. West Street Carlisle, PA 17013 NELSON LEVINE de LUCA & HORST, LLC BY: WILLIAM EIN, ESQUIRE ATTORNEYS FOR DEFENDANT STATE AUTO PROPERTY AND CASUALTY INSURANCE COMPANY, INCORRECTLY IDENTIFIED IN THE CAPTION AS STATE AUTO INSURANCE CO. Dated: April 19, 2012 NELSON LEVINE de LUCA & HORST, LLC BY: WILLIAM KREKSTEIN, ESQUIRE IDENTIFICATION NO.: 69149 518 TOWNSHIP LINE ROAD SUITE 300 BLUE BELL, PA 19422 215-358-5100 VINCENT L. CHAMPION and HEATHER E. CHAMPION Plaintiffs V. STATE AUTO INSURANCE CO., and DEITZEL BROTHERS Defendants ATTORNEYS FOR DEFENDANT STATE AUTO PROPERTY AND CASUALTY INSURANCE COMPANY, INCORRECTLY IDENTIFIED IN THE CAPTION AS STATE AUTO INSURANCE CO. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION NO: c 12-2 --? ?.. S ? CD CD PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule against Vincent L. Champion and Heather E. Champion, Plaintiffs, to file a Complaint against Defendants within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. NELSON LEVINE de LUCA & HORST, LLC BY: /"?- WILLIAM KREKSTEIN, ESQUIRE ATTORNEYS FOR DEFENDANT STATE AUTO PROPERTY AND CASUALTY INSURANCE COMPANY, INCORRECTLY IDENTIFIED IN THE CAPTION AS STATE AUTO INSURANCE CO. RULE TO FILE COMPLAINT AND NOW, this 9:? day of ?Vyil , 2012, a Rule is hereby granted upon Vincent L. Champion and Heather E. Champion, Plaintiffs, to file a Complaint herein against Defendants within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. By: I ' ? .-,? It A Prothonotary x NELSON LEVINE de LUCA & HORST, LLC BY: WILLIAM KREKSTEIN, ESQUIRE IDENTIFICATION NO.: 69149 518 TOWNSHIP LINE ROAD SUITE 300 BLUE BELL, PA 19422 215-358-5100 VINCENT L. CHAMPION and HEATHER E. CHAMPION Plaintiffs V. STATE AUTO INSURANCE CO., and DEITZEL BROTHERS Defendants ATTORNEYS FOR DEFENDANT STATE AUTO PROPERTY AND CASUALTY INSURANCE COMPANY, INCORRECTLY IDENTIFIED IN THE CAPTION AS STATE AUTO INSURANCE CO. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION NO: 12-2321 CERTIFICATE OF SERVICE I, William Krekstein, Esquire, hereby certify that a true and coriect copy- of Praecipe for Rule to File Complaint was served on April 19, 2012, upon counsel listed below by United States Mail, postage prepaid. Vincent L. Champion, Esquire Rhoads & Sinon, LLP One South Market Square, Twelfth Floor P.O. Box 1146 Harrisburg, PA 17108-1146 Deitzel Brothers 1325 N. West Street Carlisle, PA 17013 NELSON L VINE de LUCA & HORST, LLC BY: WIL IA KREKSTEIN, ESQUIRE ATTORNEYS FOR DEFENDANT STATE AUTO PROPERTY AND CASUALTY INSURANCE COMPANY, INCORRECTLY IDENTIFIED IN THE CAPTION AS STATE AUTO INSURANCE CO. Dated: April 19, 2012 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy b THF. PROTNUNO oA i" 2,017 MAY -7 PM 12.50 Richard W Stewart Solicitor CUMBERLAND COUNTY IVincent L. Champion vs. Case Number . State Auto Insurance Companies (et al.) 2012-2321 SHERIFF'S RETURN OF SERVICE 04/16/2012 01:49 PM - William Cline, Corporal, who being duly sworn according to law, states that on April 16, 2012 at 1349 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: State Auto Insurance Companies, by making known unto Lynn Miller, Secretary for State Auto Insurance Companies at 4900 Ritter Road, Suite 200, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. -WILLIAM CLINE, DEPUTY 04/18/2012 09:50 AM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 18, 2012 at 0950 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Deitzel Brothers, by making known unto Diana Brown, Owner of Deitzel Brothers at 1325 N. West Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. NOAH CLINE, DEPUTY SHERIFF COST: $60.45 April 19, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (4)Gountysoite Shentf. Teieosoft_ In%. Vincent L. Champion Attorney I.D. No. 88411 RHOADS & S1NON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-6736 Attorneys for Plaintiff Vincent L. Champion and Heather E. E. Champion Plaintiffs v. THE PROTIFnilf T'fll 2912 MAY 15 I'M 4: 27 CUMBERLAND COUNT"- PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.2012-cv-2321 State Auto Insurance Co and Deitzel Brothers Defendants NOTICE 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 RHOADS & SINON LLP By: Vincent L. Champion One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs 851480.1 Vincent L. Champion and Heather E. E. Champion Plaintiffs V. State Auto Insurance Co. and Deitzel Brothers Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2012-cv-2321 COMPLAINT Plaintiffs, Vincent L Champion and Heather E. Champion by and through their counsel Rhoads & Sinon LLP, file the within Complaint and in support thereof states as follows: A. Parties 1. Plaintiffs, Vincent L. Champion and Heather E. Champion (the "Champions") are Pennsylvania residents both residing at 226 W. South Street, Carlisle, Pennsylvania, 17013. 2. Defendant State Auto Insurance Company, ("State Auto") is an insurance company transacting business in the Commonwealth of Pennsylvania, and upon information and belief, is a corporation operating and existing under the laws of Indiana having a principal place of business at 2955 North Meridian Street, Indianapolis, Indiana, 46208. 3. Part of State Auto's business involves issuing home insurance policies for residential properties, to protect against losses sustained to the residential property, including but not limited to hail damage. 4. Defendant Deitzel Brothers ("Deitzel") is a roofing company transacting business 565640.5 in Pennsylvania, and upon information and belief is a corporation operating and existing under the laws of the Commonwealth of Pennsylvania having a principal place of business at 1325 N. West Street, Carlisle, Pennsylvania, 17013. . t 5. Part of Deitzel's business involves, among other things, the maintenance/repair of roofs on residential property. B. Background 6. Beginning on March 30, 2005 up through March of 2012, the Champions maintained home insurance with Defendant, State Auto. 7. The home insurance was provided pursuant to insurance Policy HPA 0008827 (the "Policy")(Declaration Sheet attached hereto as Ex. "A")(Plaintiffs do not have a copy of the express terms of the Policy). 8. At all times relevant hereto, the Champions remained current with regard to payment of the annual premiums required to maintain the home insurance coverage provided under the Policy. 9. The Champions maintained continuous home insurance coverage through State Auto from March 30, 2005 up through April of 2012. 10. In and around December of 2008, the Champions contacted Deitzel for the purpose of exploring Deitzel's ability to provide maintenance and repair services to the tin roof of their home. 11. On December 26, 2008, Deitzel submitted a proposal to the Champions to provide "Maintenance/Repair" work to the upper main rear tin roof and rear porch tin roof. 12. To that end, Deitzel represented the following: -That it would scrape and prepare roof surface including any metal repairs -Coat entire roof surface with Calbar red oxide primer 10-520 -Paint roof surface with two coats of Calbar Shower-proof WB paint.-Shower- proof WB paint dries to a flat finish -2- -Color to be Tinner's Gray. Manufacturer represents Shower-Proof WB paint will last ten years with minimal fading -All debris removed by Deitzel Brothers. (Proposal Attached hereto as Ex. "B") 13. On January 22, 2009, the Champions accepted Deitzel's proposal and sent a deposit in the amount of $1,710.00 to Deitzel. (Sales Receipt attached hereto as Ex. "C") 14. On January 15, 2009, Deitzel submitted an invoice to the Champions for payment of services rendered for "troubleshooting various materials for compatibility with current paint during the fourth quarter of 2008." (Invoice attached hereto as Ex. "D"). 15. The invoice was paid by the Champions. 16. Deitzel completed the maintenance and repair work on the Champions' tin roof sometime during the first quarter of 2009. 17. On November, 24, 2004, Deitzel, prior to the Champions purchasing their home, provided maintenance/repair work services to the entire tin roof of the Champion home. (See Invoice attached hereto as Ex. "B") 18. The maintenance/repair work services included painting the entire roof of the Champion home. 19. Upon information and belief, the paint used at that time was warranted to last a minimum of ten (10) years. C. The Claim 20. On or about May 14, 2010, a severe hail storm occurred in Carlisle, Pennsylvania (the "Hail Storm") whereby the Champions' residence, as well as numerous other residences within Carlisle, Pennsylvania, was bombarded with large hail stones. 21. In August of 2010, the Champions hired Dunning Quality Builders to evaluate whether their roof sustained damage as a result of the Hail Storm. -3- 22. Dunning Quality Builders determined that the Champions' tin roof had sustained damage. 23. Accordingly, on August, 23, 2010 Dunning Quality Builders submitted a budget estimate to the Champions for replacement of the tin roof. 24. Thereupon, the Champions submitted a claim to State Auto. 25. State Auto then underwent its claims review process, and in so doing had Nicholas S. Colanzi perform an inspection of the roof. 26. Mr. Colanzi issued a report in connection with his inspection that found in part that the tin roof in the rear of the residence showed random areas of paint cracking and rust. 27. Mr. Colanzi attributed the rust and paint cracking to improper preparation and paint application on the part of Deitzel. 28. Mr. Colanzi also observed hail damage on the west side of the residence. 29. On October 10, 2010 State Auto issued check number 70579467 in the amount of $1,467.31 to compensate the Champions for the hail damage on the west side of the residence. 30. No check was issued to compensate the Champions for hail damage sustained to the roof area. 31. The Champions never deposited check number 70579467. 32. Notwithstanding the receipt of check number 70579467, Vincent L. Champion advised State Auto, that he believed that State Auto had improperly denied coverage for hail damage to the roof of the residence. 33. Vincent L. Champion also contacted Deitzel Brothers to advise that Mr. Colanzi attributed the rusting and paint cracking on the tin roof to Deitzel's improper preparation and application of the paint used to coat the roof. -4- 34. Deitzel was then given an opportunity to inspect the roof. 35. A representative from Deitzel subsequently inspected the roof. 36. Said inspection occurred when the Champions were not present. 37. After the inspection by Deitzel, and despite attempts to contact them, Deitzel never spoke with the Champions about the results of the roof inspection. 38. Currently, the tin roof has experienced rust, paint chipping, leaking and paint scaling. 39. On April 13, 2012, the Champions filed a Writ of Summons commencing the instant action. 40. On April 18, 2012, after being served with the Writ of Summons, Walter Brown of Deitzel contacted Vincent L. Champion and indicated that he was confused as to why Deitzel was a party to this litigation because he believed the damage sustained to the roof was a direct result of the hail damage from the Hail Storm. COUNT I BREACH OF CONTRACT STATE AUTO INSURANCE COMPANY 41. The averments contained in the above Paragraphs are incorporated herein by reference as if more fully set forth herein at length. 42. The Policy issued to the Champions by Defendant, State Auto is a legally binding contract which was in effect at the time of the dispute in question. 43. Any hail damage sustained to the Champion home when the Policy was in effect is covered under the Policy. 44. Defendant State Auto, by refusing to issue payment for a claim clearly covered by the Policy, has breached its contract with Plaintiffs. -5- 45. The Champions have suffered significant harm as a direct result of the State Auto's breach of the insurance contract, including but not limited to, increased damage to the roof of the residence. WHEREFORE, Plaintiffs Vincent L. Champion and Heather E. Champion demand judgment in their favor and against Defendant State Auto Insurance Company in an amount in excess of $20,000.00, together with costs of suit, pre and post judgment interest and all other damages as allowed by Pennsylvania law. COUNT II BAD FAITH STATE AUTO INSURANCE COMPANY 46. The averments contained in the above Paragraphs are incorporated herein by reference as if more fully set forth herein at length. 47. Pursuant to the insurance Policy contracted between Plaintiffs and State Auto Insurance Company, Defendant State Auto was under a duty at all times relevant hereto to act in good faith towards its insured, Plaintiffs, Vincent L. Champion and Heather E. Champion. 48. A claim for bad faith is expressly authorized by 42 Pa. C.S.A. § 8371 ("Section 8371") 49. State Auto did not, and does not, have a reasonable basis for denying coverage under the Policy and therefore, State Auto has materially breached the aforesaid duty of good faith toward Plaintiffs. 50. Pursuant to Section 8371, State Auto's conduct in such breach was in bad faith against the Champions in that State Auto had no reasonable basis for denying coverage and State Auto knew or recklessly disregarded the lack of a reasonable basis for such denial of coverage. 51. State Auto's alleged bases for the denial of the duty to provide coverage is so clearly erroneous as to be unreasonable. -6- 52. Moreover, State Auto's denial of coverage for the Champions' claim was frivolous, unfounded, and without any reasonable basis. 53. State Auto's actions and conduct constitutes bad faith and a reckless disregard for the rights of its insured, Vincent L. Champion and Heather E. Champion, as well as a gross deviation from its duty as an insurer. 54. There exists no legal basis for State Auto's denial of coverage of the Champions' claim. 55. At all times relevant hereto, the Champions fully complied with all obligations, terms and conditions of the aforesaid insurance Policy with State Auto. 56. As a result of State Auto's breach of its duty of good faith and State Auto's bad faith conduct as described above, the Champions are entitled to and hereby seeks damages pursuant to 42 Pa. C.S.A. § 8371, as well as common law contractual remedies as follows: (a) The full amount of their claim relative to the roof of their home; (b) Interest on the claim from the date the claim was made by the insured and an amount equal to the prime rate of interest plus three percent (3%); (c) Punitive damages against State Auto; (d) Court costs and attorney fees against State Auto; and (e) Other such relief as the Court deems proper. WHEREFORE, Plaintiffs Vincent L. Champion and Heather E. Champion, hereby demand judgment in their favor and against State Auto Insurance Company, in an amount in excess of $20,246.00, plus pre and post judgment interest, costs, attorneys fees, and punitive damages as permitted by law. -7- COUNT III UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 73 Pa. C.S.A. §§201-1 et seq. STATE AUTO INSURANCE CO 57. The averments contained in the above Paragraphs are incorporated herein by reference as if more fully set forth herein at length. 58. The Champions had initially met with State Auto for the purpose of purchasing an home insurance product that would provide coverage among other things for damage sustained to their home, including, but not limited to, hail damage. 59. During the initial discussion, with the State Auto, material representations were made that damage, including damage sustained from hail, would be covered by the insurance policy ultimately purchased by the Champions. 60. Contrary to the representations made by State Auto, coverage for hail damage sustained to the tin roof of the Champion home was unreasonably denied. 61. State Auto made these misrepresentations to induce the Champions to purchase a homeowner's insurance policy with them. 62. The Champions justifiably relied upon these misrepresentations and purchased a homeowner's insurance policy with State Auto. 63. Notwithstanding the foregoing representations, State Auto's claim process is fraudulent in that it is designed to avoid payment of proper claims. 64. Indeed, upon information and belief, the claims process is designed to avoid having to pay expensive claims regardless of whether the claim is covered under the policy. 65. As a direct and proximate result of their reliance on State Auto's misrepresentations along with its fraudulent and/or deceptive conduct, the Champions have suffered damages as set forth in more detail in the preceding paragraphs. -8- 66. State Auto's fraudulent and/or deceptive conduct violates the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 Pa. C.S.A. §§201-1 et seq. ("UTPCPL"). 67. Under the UTPCPL, the Champions are entitled to treble damages and attorneys' fees. WHEREFORE, Plaintiffs Vincent L. Champion and Heather E. Champion, hereby demand judgment in their favor and against State Auto Insurance Company, in an amount in excess of $20,246.00, plus pre and post judgment interest, costs, attorneys fees, treble damages and punitive damages as permitted by law. COUNT IV UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 73 Pa. C.S.A. §§201-1 et seq. DEITZEL BROTHERS 68. The averments contained in the above Paragraphs are incorporated herein by reference as if more fully set forth herein at length. 69. The Champions initially met with Deitzel for the purpose of evaluating Deitzel's capabilities to provide maintenance/repair work to the tin roof of their home. 70. When issuing its proposal, Deitzel made representations that it would scrape and prepare the roof and that it would apply a paint coating that would last for a minimum period of ten (10) years. 71. Contrary to the representations made by Deitzel, the tin roof was not properly prepared and the paint coating used lasted much less than ten (10) years. 72. Deitzel made these misrepresentations to induce the Champions to hire them to perform maintenance/repair services to their roof. 73. The Champions justifiably relied upon these misrepresentations and hired Deitzel to provide maintenance/repair services to their tin roof. 74. Notwithstanding the foregoing, Deitzel never provided the promised services. -9- 75. As a direct and proximate result of their reliance on Deitzel's misrepresentations along with its fraudulent and/or deceptive conduct, the Champions have suffered damages as set forth in more detail in the preceding paragraphs. 76. Deitzel's fraudulent and/or deceptive conduct violates the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 Pa. C.S.A. §§201-1 et seq. ("UTPCPL") 77. Under the UTPCPL, the Champions are entitled to treble damages and attorneys fees. WHEREFORE, Plaintiffs Vincent L. Champion and Heather E. Champion, hereby demand judgment in their favor and against Deitzel Brothers, in an amount in excess of $20,246.00, plus pre and post judgment interest, costs, attorneys fees, treble damages and punitive damages as permitted by law. COUNT V-FRAUD DEITZEL BROTHERS 78. All preceding paragraphs are hereby incorporated by reference as though fully set forth herein. 79. As set forth above, Deitzel, knowingly made material representations that it could properly perform maintenance/repair services to the Champions' tin roof. 80. The Champions justifiably relied upon these misrepresentations and hired Deitzel to perform maintenance/repair services to the roof of their home. 81. As a direct and proximate result of Deitzel's fraudulent conduct, the Champions have suffered damages as set forth in more detail in the preceding paragraphs. WHEREFORE, Plaintiffs Vincent L. Champion and Heather E. Champion, hereby demand judgment in their favor and against Deitzel Brothers in an amount in excess of -10- $20,246.00, plus pre and post judgment interest, costs, attorneys fees, treble damages and punitive damages as permitted by law. COUNT VI-NEGLIGENCE DEITZEL BROTHERS 82. The averments contained in the above Paragraphs are incorporated herein by reference as if more fully set forth herein at length. 83. In performing maintenance/repair work at the Champion home, Deitzel deviated from the standard of care in the relevant industry, which resulted in damage to the house which was never contemplated in the work to be performed by Deitzel. 84. Specifically, as explained above, Deitzel caused in excess of $20,246.00 in damage to the house which must be corrected by contractors. WHEREFORE, Plaintiffs, Vincent L. Champion and Heather E. Champion, hereby demand judgment in their favor and against Deitzel in an amount in excess of $20,246.00 plus interest, costs, and all other damages as permitted by law. COUNT VII-UNJUST ENRICHMENT DEITZEL BROTHERS 85. The averments contained in the above Paragraphs are incorporated herein by reference as if more fully set forth herein at length. 86. Deitzel promised the Champions that they would perform maintenance/repair work to the tin roof of their. 87. Indeed, said maintenance/repair work was supposed to last for a minimum of ten (10) years. 88. The Champions relied on this promise and made payments to Deitzel totaling $3,420.00. -11- 89. As outlined above, despite this promise, Deitzel failed to properly perform maintenance/repair work to the roof of the Champion home. 90. Deitzel knew, or should have known, that the Champions would rely upon its promise. 91. Accepting the Champions' payments without properly performing the maintenance/repair work has unjustly enriched Deitzel. 92. It would be unconscionable and unjust for Deitzel to retain the benefit of the Champions' payments without adequately performing the maintenance/repair work as promised. 93. As set forth above, the Champions have suffered damages as a result of Deitzel accepting payments from the Champions without adequately performing the maintenance/repair work as promised. WHEREFORE, Plaintiffs, Vincent L. Champion and Heather E. Champion hereby demand judgment in their favor and against Deitzel Brothers in an amount in excess of $20,246.00, plus pre and post judgment interest, costs, and all other damages as permitted by law. BREACH OF WARRANTY DEITZEL BROTHERS 94. The averments contained in the above Paragraphs are incorporated herein by reference as if more fully set forth herein at length. 95. At all times stated herein, Deitzel knew or should have known that the Champions would rely upon Defendant Deitzel's skill and judgment to determine that its product, the Calbar Shower-Proof WB paint, was reasonably fit for purposes represented by Deitzel. 96. Deitzel expressly and impliedly warranted that the Calbar Shower-Proof WB paint was reasonably fit and that it would last for a minimum of ten (10) years. -12- 97. Upon information and belief, they expressly and impliedly warranted that the paint coating applied in 2004 would also last a minimum of ten (10) years. 98. Deitzel breached said warranties, which was the proximate cause of damage sustained to the tin roof of the Champion home. 99. As a direct and proximate result of Deitzel's breach, the Champions have sustained damages, which are set forth above in more detail above. WHEREFORE, Plaintiffs, Vincent L. Champion and Heather E. Champion hereby demand judgment in their favor and against Deitzel Brothers in an amount in excess of $20,246.00, plus pre and post judgment interest, costs, and all other damages as permitted by law. Respectfully submitted, RHOADS & SINON LLP Y 15, 2012 Date: 1`h By: Vincent L. Champion, Esquire Attorney I.D. No. 70294 One South Market Square Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs -13- VERIFICATION Vincent L. Champion, deposes and says, subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities, that the facts set forth in the Complaint are true and correct to the best of his knowledge, information and belief. Date Vincent L. Champion CERTIFICATE OF SERVICE I hereby certify that on this 15th day of May, 2012, a true and correct copy of the foregoing Complaint was served by means of certified U.S. mail, first class, postage prepaid, upon the following: William Krekstein Nelson Levine de Luca & Horst 518 Township Line Road Suite 300 Blue Bell, PA 19422 State Auto Insurance Company Harrisburg Center Suite 200 4900 Ritter Road Mechanicsburg, PA 17055 State Auto Insurance Company Indianapolis Center 2955 North Meridian Street Indianapolis, IN 46208 6 'S7 STA AV,_ 3. E NEW DECLAIKATIOL V " HOMEOWNERS POLICY.* InSUfa11C@T?p rwe TIONS PAGE WITH POLICY FORMS AND ENDORSEMENTS COMPLETES THE POLICY.. THIS'POLICY WILL CONTINUE IN'FORCE FOR THE PERIOD INDICATED UPON VALID PAYMENT OF"THE PREMIUM,.WHEN DUE. POLICY NUMBER FROM POLICY PERIOD TO COVERAGE IS PROY1 ED iN THE FOLLOWING COWPANY AGENCY PROD HPA 4008827 03/30/05 03/30/06 STATE AUTO PROP. & CAS. 6819 00 NAMED INSURED AND ADDRESS AGENT VINCENT L &. HEATHER E CHAMPION R T DUNN INSURANCE INC 226 W SOUTH STREET 200 W MAIN.'- ST -.. - - CARLISLE PA 17013 MECHANICSBURG PA •17055 TELEPHONE 717/766-0770 THE PREMISES COVERED BY THIS POLICY IS LOCATED AT THE ABOVE ADDRESS. RATING INFORMATION- FORM 3,'MASONRY,•CONSTRUC.TED IN-1850, DEFENDER, PRIMARY RESIDENCE PROTECTION CLASS 6 TERRITORY 33, FEET FROM HYDRANT 1000, FIRE STATION 3 MILES, $250 SECTION I LOSS DEDUCTIBLE (PER OCCURRENCE), 1 FAMILY, INSIDE CITY. . COVERAGE AT THE ABOVE DESCRIBED LOCATION IS PROVIDED ONLY WHERE A LIMIT OF LIABILITY IS SHOWN OR A•PREMIUM IS STATID SECTION I COVERAGE LIMIT OF LIABILITY PREMIUMS A. DWELLING B. OTHER STRUCTURES $245,000 24 500 $435.00 C. PERSONAL PROPERTY ' ` $71,500 D. LOSS OF USE $73,500 SECTION •II COVERAGE E. PERSONAL LIABILITY F. MEDICAL PAY. TO OTHERS - $300,000 EACH OCCURRENCE $1 000 EACH PERSON TOTAL BASIC , PREMIUM - - - - - - - - - - - - - $17.00 $452.00 ADDITIONAL PREMIUMS SPECIAL COMPUTER COVERAGE VOLUNTEER WRONGFUL ACTS ./dGD-f- 15.00 35.00 460,00- TOTAL ADDITIONAL PREMIUMS - - - - - - - - - - - - - $110.00 TOTAL ANNUAL PREMIUM - - --- - - - - - - - - = - $562:00 LOSS EXPERIENCE RATING PLAN DISCOUNT 20% *** YOUR HOMEOWNERS POLICY HAS BEEN DISCOUNTED AS SHOWN BELOW; YOU HAVE RECEIVED AN AUTO/HOME DISCOUNT OF $109 ALLHOME-CREDIT APPLIES PROTECTIVE-DEVICE CREDIT 21 POLICY PERIOD- 12-01 AM STANDARD TIME AT THE RESIDENCE PREMISES. MORTGAGEE SECOND MORTGAGEE THEIR SUCCESSORS &/OR ASSIGNS THEIR SUCCESSORS &/OR ASSIGNS LNf-760076 AMERICAN HOME.MORT LN 760215 AMERICAN ROME-MORT IS OA ATIMA MAIL STOP #D1-10 ISA ATIMA MAIL-STOP #D1-10 PO BOX 3050 PO BOX 3050 COLUMBIA, MD 21045 COLUMBIA, XD .21045 FORMS AND ENDORS*F.MENTS - 800003 05101* FI47 12/00*- FI189 12/00* FI256PA 05/01 800137 05101*, H00417 04/02 , FI122 01/03 , B06416 10/0 FI270PA 10/0 ST270 10/00*, 800414 10/00*, FI260 10/00*, FI2381 05/012, JR00496 10/0d . INSURED COPYIC"l CHAM HP EN 37DUNNO066819 017013 !nsurcince NEW•DECLARATIONS HOMEOWNERS POLICY. , . ?g (?Dtt1 T THIS Rh WATION PAGE S WTH P0 I LICY 'FORMS AND ENDORSEMENTS COMPLETES 'THE POLICY. 'THIS POLICY`9ILL CONTINUE IN FORCE FOR THE PERIOD INDICATED UPON VALID PAYMENT OF THE'PREMIUM, WHEN DUE. ,. POLICY NUMBER POLICY PERIOD COVERAGE IS PROVIDED IN THE FOLLOWING COMPANY 4 AGENCY PROD FROM TO HPA 0008827 03/30/05 03/30/06 STATE AUTO•PROP:_& CAS.. 6819 00 NAMED INSURED AND ADDRESS AGENT VINCENT L.-& HEATHER E CHAMPION R1 DUNN'TNSURANCE INC. 226 W SOUTH STREET 200 W MAIN ST CARLISLE PA 1701'3 - MECHANICSBURG PA- 17055 TELEPHONE 717/766-0770 DESCRIPTION OF ADDITIONAL COVERAGES/CREDITS/DEDUCTIBLES $ 250 SECTION I LOSS•DEDUCTI'BLE (PER OCCURRENCE) APPLIES PROTECTIVE DEVICE DESCRIPTIONS' BURGLARY'&/OR FIRE LOCAL ALARM SYSTEM INCL UL APPVD SMOKE DETECTOR DEVICES., SPECIAL COMPUTER COVERAGE PERSONAL HOME COMPUTER SPECIAL COMPUTER COVERAGE . VOLUNTEER WRONGFUL ACTS COVERAGE WATER BACK-UP & SUMP OVERFLOW-'SEE FORM FOR DEDUCTIBLE AMOUNT OF LIABILITY IS $ 5000. -- L JBDEC08 HPA 0008827 06 20110301 WFS I HP 'R 37OUNN0006819 017013 As RENEWAL DECLARATIONS Insurance C0f11pgf118S HOMEOWNERS POLICY THIS DECLARATIONS PAGE WITH POLICY FORMS AND ENDORSEMENTS COMPLETES THE POLICY. THIS POLICY WILL CONTINUE IN FORCE FOR THE PERIOD INDICATED UPON VALID PAYMENT OF THE PREMIUM, WHEN DUE. POLICY NUMBER POLICY PERIOD COVERAGE IS PROVIDED IN AGENCY PROD FROM TO THE FOLLOWING COMPANY HPA 0008827 03/30/11 03/30/12 STATE AUTO PROP. & CAS. 6819 00 NAMED INSURED AND ADDRESS AGENT VINCENT L & HEATHER E CHAMPION R T DUNN INSURANCE INC 226 W SOUTH STREET 200 W MAIN ST CARLISLE PA 17013 MECHANICSBURG PA 17055 TELEPHONE 717/766-0770 THE PREMISES COVERED BY THIS POLICY IS LOCATED AT THE ABOVE ADDRESS. RATING INFORMATION- FORM 3 MASONRY, CONSTRUCTED IN 1840, DEFENDER, FFIIREE SSTATION 3 MILES, $250 SECTION I6LOSSRDEDUCTIBLE, 1EFAMIILY, IN1SIDETCITY. COVERAGE AT THE ABOVE DESCRIBED LOCATION IS PROVIDED ONLY WHERE A LIMIT OF LIABILITY IS SHOWN OR A PREMIUM IS STATED SECTION I COVERAGE LIMIT OF LIABILITY PREMIUMS A. DWELLING $359,700 $607.00 B. OTHER STRUCTURES $35,970 C. PERSONAL PROPERTY 251,790 D. LOSS OF USE 107,910 SECTION I I COVERAGE E. PERSONAL LIABILITY $300,000 EACH OCCURRENCE F. MEDICAL PAY. TO OTHERS - $1,000 EACH PERSON TOTAL BASIC PREMIUM - - - - - - - - - - - - - ADDITIONAL PREMIUMS SPECIAL COMPUTER COVERAGE SCE PER END (WITH AGREED VALUE LOSS SETTLEMENT) VCHUDSO PROPERTY TOTAL ADDITIONAL PREMIUMS - - - - - - - - - - - - - TOTAL ANNUAL PREMIUM - - - - - - - - - - - - - - LOSS EXPERIENCE RATING PLAN DISCOUNT 33% *** YOUR HOMEOWNERS POLICY HAS BEEN DISCOUNTED AS SHOWN BELOW: YOU HAVE RECEIVED AN AUTOMOME DISCOUNT OF $152 ALLHOME CREDIT APPLIES PROTECTIVE DEVICE CREDIT 12% POLICY PERIOD- 12-01 AM STANDARD TIME AT THE RESIDENCE PREMISES. MORTGAGEE SECOND MORTGAGEE ITS SUCCESSORS WOR ASSIGNS ITS SUCCESSORS WOR ASSIGNS ORRSTOWN BANK LN# 0770499369 2695 PHILADELPHIA AVE CITIMORTGAGE INC CHAMBERSBURG, PA PO BOX 7706 17201 SPRINGFIELD, OH FORMS AND ENDORSEMENTS 1/10137 066//07, 05/01 04102, 0F120?3 F02/06 10H01 b10 01/09, H00416 10/00, h270PA 10/00, H00414 10100, F1260 10/00, h460 10/00, H00496 10100. 45501 $17.00 $624.00 15.00 35.00 70.00 $120.00 $744.00 W.- 0aN 03/01/2011 11:17:33 PM 08DEC08 HPA 0008827 06 20110301 WFS . A HP 'R 37DUNN0006819 017013 "AOM RENEWAL DECLARATIONS Insurance Companies HOMEOWNERS POLICY THIS DECLARATIONS PAGE WITH POLICY FORMS AND ENDORSEMENTS COMPLETES THE POLICY. THIS POLICY WILL CONTINUE IN FORCE FOR THE PERIOD INDICATED UPON VALID PAYMENT OF THE PREMIUM, WHEN DUE. POLICY NUMBER POLICY PERIOD COVERAGE IS PROVIDED IN AGENCY PROD FROM TO THE FOLLOWING COMPANY HPA 0008827 03/30/11 03/30/12 STATE AUTO PROP. & CAS. 6819 00 NAMED INSURED AND ADDRESS AGENT VINCENT L & HEATHER E CHAMPION R T DUNN INSURANCE INC 226 W SOUTH STREET 200 W MAIN ST CARLISLE PA 17013 MECHANICSBURG PA 17055 TELEPHONE 717/766-0770 DESCRIPTION OF ADDITIONAL COVERAGES/CREDITS/DEDUCTIBLES $250 SECTION I LOSS DEDUCTIBLE APPLIES. THIS SECTION I DEDUCTIBLE DOES NOT REPLACE OVERRIDE NOR WAIVE ANY PERIL OR COVERAGE SPECIFIC HOMEOWNERS DEDUCTIBLE. SEE ADDITIONAL COVERAGE ENDORSEMENT{S} FOR COVERAGE DEDUCTIBLES. PROTECTIVE DEVICE DESCRIPTIONS CENTRAL FIRE ALARM SYSTEM. CENTRAL STATION BURGLARY ALARM SYSTEM. BURGLARY WOR FIRE LOCAL ALARM SYSTEM INCL UL APPVD SMOKE DETECTOR DEVICES. SPECIAL COMPUTER COVERAGE VOLUNTEER WRONGFUL ACTS COVERAGE SCHEDULED JEWELRY AGREED VALUE 01 LAMOUNT OF K GLD LIABILITY RNG & BAND W1 1 DIAM .60CTS, VS-2-1. DIAM MELEE 17 DIAM .48CTS, VS-2, H-1 LAbIESS 18K WHITE GOLD DIAM FILIGREE RING .07CTS, SI-2, J 03 AMOUNT OF LIABILITY IS $ 1166. PEA LAb ETHSCCREEAMMIROSE LLUSRTEROMEDIUM MATCH VERY G006 SIZE 31l2MM-51/2MM, LIG M...1. !vows Do% 03/01/2011 11:17:33 PM ????,? 4000, ROOFING AND SPOUTING SPECIALISTS SINCE 1932 "Proper Engineering and Construction Ensures More Beauty, Longer Life and Complete Satisfaction" T E L E P N O N E (717) 238-7145 PROPOSAL To: Heather Champion Date: December 26, 2008 226 W. South Street Carlisle, PA 17013 Phone: 717.226.2878 We agree to do the following: Maintenance/Repair (Painting): Upper Main Rear Roof and Rear Porch Roof (approximately 900 square feet) 1. Scrape and prepare roof surface including any metal repairs. 2. Coat entire roof surface with Calbar red oxide primer 10-520. 3. Paint roof surface with two coats of Calbar Shower-Proof WB paint. Shower- Proof WB paint dries to a flat finish. 4. Color to be Tinner's Gray. Manufacturer represents Shower-Proof WB paint will last ten years with minimal fading. 5. All debris removed by Deitzel Brothers. The above complete material and labor for the sum of. $3,420.00 Note: During application of coating any grossly deteriorated areas of metal or wood will be addressed on an additional time and material basis. No areas of concern have been noticed at this time. Terms: To accept this proposal simply sign one copy, with the date, and keep the remaining copy for your records; mail in lie deposit along v?,ain the signed copy. Balance due upon completion of work. I. Scope of Work. This proposal does not include any work except as specifically mentioned herein and no verbal agreements with our representatives shall be recognized. 2. Credit Approval. Acceptance of this proposal will constitute a contract subject to approval of our credit department. 3. Delays. Not responsible for delay reason of strikes, accidents, labor or material shortages, or other causes beyond our control. 4. Prices. Prices are good for 30 days. 5. Changes to the Work. The Contract can only be changed by a written change order signed by both parties. No variations, alterations, deviations, deletions, extra Work or additions to the Work can be made unless both the Owner and Contractor specifically agree to such changes in writing. The signed change order shall become a part of the Contract. The Owner agrees to pay for any changes required as a result of unforeseen conditions or by the Owner, a public authority having jurisdiction over the Project, or that are necessary because of changes to any applicable codes or regulations enacted after the date of the Contract. Payment for fixed price change orders shall be due and owing upon acceptance of the Change Order. Time and material change order work shall be based upon the current rate schedule. If a Change Order is to be performed on a Continued.... Page 2 of 2 Champion Proposal Dated December 26, 2008 time and material basis, one half of the estimated cost of the Change Order is due upon acceptance of the Change order and the balance is due upon completion of the Change Order work. If the balance of Change Order is not paid upon receipt of the invoice, contractor may stop work. 6. Arbitration. If the Owner or Contractor has a claim or dispute arising out of or relating to the Contract or the Work, then, at the Contractor's sole option, the claim or dispute shall be submitted to arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. Otherwise, the dispute shall be resolved in the Court of Common Pleas of Cumberland County, Pennsylvania in a non jury proceeding. If the Contractor is required to take legal action because the Owner has not paid in full for the work performed by the Contractor and the Contractor receives a monetary award against the Owner, the Contractor shall also be entitled to an award of all attorney's fees and costs. 7. Limited Warranty. Upon prompt written notice from the Owner that any portion of the Work has been found to be defective or not in conformance with the Contract Documents, the Contractor shall promptly correct any defects due to faulty materials, equipment or workmanship which appear within a period of five (5) years from the date of completion of Contractor's Work, unless the Owner has previously given the Contractor written acceptance of such conditions. Under no circumstances shall the Contractor be liable to the Owner for any incidental or consequential damages. Payment in full of the Agreement price set forth herein, as modified by any approved Change Orders, are express prerequisites and conditions precedent to the Owner's right to make any claims or demands under the limited express warranty set forth herein. During the five-year period for correction of the Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to inspect the Work and make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of Warranty. The five-year period for correction of the Work shall not be extended by corrective Work performed pursuant to this paragraph. Only materials and labor provided by the Contractor or the Contractor's subcontractors will be covered under this Limited Warranty. This Limited Warranty excludes errors, omissions or defects in documents, products, materials or services provided by the Owner, architects or others not under the Contractor's control. This Limited Warranty shall further exclude damage due to the Owner's misuse, negligence, improper or insufficient maintenance, modifications or acts of nature. If the Owner makes any repairs or modifications to the contractor's work this Limited Warranty shall be null and void. This Limited Warranty does not limit the time or scope of any applicable manufacturer's warranties. DISCLAIMER OF OTHER GUARANTEES AND WARRANTIES INCLUDING IMPLIED WARRANTIES: THE LIMITED EXPRESS WARRANTY SET FORTH IN THIS AGREEMENT IS IN LIEU OF ALL OTHER GUARANTEES AND WARRANTIES EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF WORKMANSHIP FITNESS AND HABITABILITY ALL OTHER WARRANTIES OF EVERY KIND WHETHER EXPRESS OR IMPLIED ARE WAIVED BY REASON OF THE PROMISES AND AGREEMENTS CONTAINED IN THIS LIMITED EXPRESS WARRANTY. BY SIGNING THIS AGREEMENT THE OWNER ACKNOWLEDGES THAT HE OR SHE HAS READ UNDERSTANDS AND VOLUNTARILY AGREES TO THE PROVISIONS OF THIS SECTION AND KNOWINGLY RELINQUISHES ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, NOT INCLUDED HEREIN. Respectfully submitted, Walt Brown Accepted By: By: Date: Date: Z9_ ig ?07 p % zroF/ 7 Deitzel Brothers P. O. Box 2614 Harrisburg, PA 17105-2614 Sold To Heather Champion 226 W. South Street Carlisle, PA 17013 Sales Receipt Date Sale No. 1/27/2009 Dep Check No. Payment Method Project 50000153 Check M/R Painting 1/09 Description Qty Rate Amount Received job deposit for proposal dated December 26, 2008. 1,710.00 1,710.00 Thank you for your business. Subtotal $1,710.00 Sales Tax (6.0%) $0.00 Total $1,710.00 ?.?????- Deitzel Brothers P. O. Box 2614 Harrisburg, PA 17105-2614 Bill To Heather Champion 226 W. South Street Carlisle, PA 17013 Invoice Date Invoice # 1/15/2009 3083 Terms Project Due on receipt Quantity Description Rate Amount Troubleshooting various materials for compatibility with current paint during the fourth quarter of 2008. 165.00 165.00 Thank you for your business. Total $165.00 Phone # Fax # (717) 238-7145 (717) 238-0897 ?X?g? ?- TL P. O. Box 2614 Harrisburg, PA 17105-2614 TELEPHONE pinzzeaias Bill To Tim Potts 226 W. South St. Carlisle, PA 17013 Quantity I Description 1. Maintenance/repair work (roof painting) accomplished in accordance with proposal dated June 21, 2004. 2. Installed 3" round painted white aluminum downspout and elbow. 1 Received deposit. o? a Thank you for your business. We accept checks, money orders, Visa, and Mastercard. Total 1.5% interest charge wi I I be assessed on unpaid balance if not paid in 10 days. Invoice Date Invoice # 11/24/2004 1251 Terms Due on receipt Rate 4,420.00 90.00 1,475.00 Project Amount 4,420.00 90.00 1,475.00 $3,035.00 Vincent I.. Champion Attorney I.D. No. 88411 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-6736 Attorneys for Plaintiff Vincent L. Champion and Heather E. Champion Plaintiffs V. State Auto Insurance Co and Deitzel Brothers Defendants 1f112 MAY 17 AM 8: CUMBERLAND CE)U?a; y PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2012-cv-2321 JURY TRIAL DEMANDED JURY DEMAND NOW COMES Plaintiffs Vincent L. Champion and Heather E. Champion by and through their counsel Rhoads and Sinon LLP, and hereby demand a trial by jury in the above entitled cause. RHOADS & SINON LLP By: A- -OLP . L? Vincent L. Champion One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs 851882.1 CERTIFICATE OF SERVICE I hereby certify that on this 16`" day of May, 2012, a true and correct copy of the foregoing was served by means of certified U.S. mail, first class, postage prepaid, upon the following: William Krekstein Nelson Levine de Luca & Horst 518 Township Line Road Suite 300 Blue Bell, PA 19422 State Auto Insurance Company Harrisburg Center Suite 200 4900 Ritter Road Mechanicsburg, PA 17055 State Auto Insurance Company Indianapolis Center 2955 North Meridian Street Indianapolis, IN 46208 NELSON LEVINE de LUCA & HAMILTON BY: EDWARD J. FINN, ESQUIRE IDENTIFICATION NO.: 311301 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5100 - Main (215) 358-5101- Fax efinn@nldhlaw.com VINCENT L. CHAMPION AND HEATHER E. CHAMPION V. Plaintiff(s) ATTORNEYS FOR DEFENDANT STATE AUTO PROPERTY AND CASUALTYINSURANCE COMPANY, INCORRECTLY IDENTIFIED IN THE CAPTION AS STATE AUTO INSURANCE CO. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION NO: 12-2321 STATE AUTO INSURANCE CO., AND DEITZEL BROTHERS ? Defendants _ ENTRY OF APPEARANCE c-, :a- TO THE PROTHONOTARY: ' Kindly enter my appearance on behalf of Defendant, State Auto Property and Casualty Insurance Company, incorrectly identified in the caption as State Auto Insurance Co., in the above-captioned matter. NELSON LEVINE de LUCA & HAMILTON BY: EDWARD J. FINN, ESQUIRE ATTORNEYS FOR DEFENDANT STATE AUTO PROPERTY AND CASUALTY INSURANCE COMPANY, INCORRECTLY IDENTIFIED IN THE CAPTION AS STATE AUTO INSURANCE CO. Z-1 i. Dated: June 1, 2012 NELSON LEVINE de LUCA & HAMILTON BY: EDWARD J. FINN, ESQUIRE IDENTIFICATION NO.: 311301 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5100 - Main (215) 358-5101- Fax efinn@nldhlaw.com VINCENT L. CHAMPION AND HEATHER E. CHAMPION Plaintiff(s) V. STATE AUTO INSURANCE CO., AND DEITZEL BROTHERS ATTORNEYS FOR DEFENDANT STATE AUTO PROPERTY AND CASUALTY INSURANCE COMPANY, INCORRECTLY IDENTIFIED IN THE CAPTION AS STATE AUTO INSURANCE CO. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION NO: 12-2321 CERTIFICATE OF SERVICE I, Edward J. Finn, Esquire, hereby certify that a true and correct copy of my Entry of Appearance was made on June 1, 2012, upon counsel listed below by United States Mail, postage prepaid. Vincent L. Champion, Esquire Rhoads & Sinon, LLP One South Market Square, Twelfth Floor P.O. Box 1146 Harrisburg, PA 17108-1146 Deitzel Brothers 1325 N. West Street Carlisle, PA 17013 NELSON LEVINE de LUCA & HAMILTON BY: EDWARD J. FINN, ESQUIRE ATTORNEYS FOR DEFENDANT STATE AUTO PROPERTY AND CASUALTY INSURANCE COMPANY, INCORRECTLY IDENTIFIED IN THE CAPTION AS STATE AUTO INSURANCE CO. Dated: June 1, 2012 ?t €.' IN Ct)Ui 4, ISYLk,"AHh'? NELSON LEVINE de LUCA & HAMILTON BY: EDWARD J. FINN, ESQUIRE IDENTIFICATION NO.: 311301 518 TOWNSHIP LINE ROAD SUITE 300 BLUE BELL, PA 19422 (215) 358-5100 - MAIN (215) 35&5101- FAX efinn@nldhlaw.com VINCENT L. CHAMPION AND HEATHER E. CHAMPION Plaintiff(s) V. STATE AUTO INSURANCE CO., AND DEITZEL BROTHERS NOTICE TO PLEAD: Plaintiff is hereby notified that they have 20 days to respond to this Pleading or Judgment may be entered against him. 4J-34-- EFinn, Esquire Attorney for Defendant ATTORNEYS FOR DEFENDANT STATE AUTO PROPERTY AND CASUALTY INSURANCE COMPANY, INCORRECTLY IDENTIFIED IN THE CAPTION AS STATE AUTO INSURANCE CO. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION NO: 12-2321 DEFENDANT'S ANSWER TO PLAINTIFFS' COMPLAINT WITH NEW MATTER Defendant, State Auto Property & Casualty Insurance Company, incorrectly identified as State Auto Insurance Company (hereinafter "State Auto" or "Defendant"), through its undersigned counsel, Nelson Levine de Luca & Hamilton, LLC respectfully submits this Answer with New Matter to Plaintiffs' Complaint and avers as follows: 1. Admitted, upon information and belief. 2. Admitted in part, denied in part. It is denied that State Auto Insurance Company is an insurance company doing business in any state or with any principal place of business. By way of further Answer. State Auto Property & Casualty Insurance Company is the insurance company who issued the Policy that is the subject of this claim, and is an insurance company that does business within the Commonwealth of Pennsylvania, has its principal place of business at 518 E. Broad Street, Columbus, Ohio 43216, and is organized under the laws of Ohio. It is denied that State Auto is organized and existing under the laws of Indiana or that its principal place of business is Indiana. 3. Admitted in part; denied in part. State Auto admits only that it issues Homeowners policies. The policies are writings which speak for themselves, and therefore any characterizations of the policies are specifically denied. 4. Denied. After reasonable investigation, State Auto is without sufficient knowledge or information to determine the truth or falsity of the allegations, therefore, they are denied, and strict proof thereof is demanded at trial if deemed relevant. 5. Denied. After reasonable investigation, State Auto is without sufficient knowledge or information to determine the truth or falsity of the allegations, therefore, they are denied, and strict proof thereof is demanded at trial if deemed relevant. 6. Admitted in part; denied in part. State Auto admits only that it first insured Plaintiffs under a Homeowners-type policy of insurance which was incepted on March 30, 2005, and that Plaintiffs maintained insurance with State Auto until April 5, 2012. Any characterization of the policy is specifically denied, as the policy, being a writing, speaks for itself. 7. Admitted in part; denied in part. It is admitted only that State Auto issued a policy to Vincent L. and Heather E. Champion bearing policy number HPA 0008827 05 (the "Policy"). After reasonable investigation, State Auto is without sufficient knowledge or information to determine the truth or falsity of the remaining allegations, therefore, they are denied, and strict proof thereof is demanded at trial if deemed relevant. A true and correct copy of the Policy is attached hereto as Exhibit "A." 8. Admitted in part; denied in part. State Auto admits only that Plaintiffs' Policy did not lapse due to non-payment of premiums at any point from March 30, 2005 through April 5, 2012. The remaining allegations are denied as conclusions of law to which no responsive pleadings are required, and strict proof thereof is demanded at trial if deemed relevant. 9. Admitted in part; denied in part. State Auto admits only that Plaintiffs were insured with State Auto under a Homeowners policy type, beginning on March 30, 2005 and ending on April 5, 2012. Any characterization of the Policy is specifically denied, as the Policy is a writing which speaks for itself. 10. Denied. After reasonable investigation, State Auto is without sufficient knowledge or information to determine the truth or falsity of the allegations, therefore, they are denied, and strict proof thereof is demanded at trial if deemed relevant. 11. Denied. After reasonable investigation, State Auto is without sufficient knowledge or information to determine the truth or falsity of the allegations, therefore, they are denied, and strict proof thereof is demanded at trial if deemed relevant. 12. Denied. After reasonable investigation, State Auto is without sufficient knowledge or information to determine the truth or falsity of the allegations, therefore, they are denied, and strict proof thereof is demanded at trial if deemed relevant. 13. Denied. After reasonable investigation, State Auto is without sufficient knowledge or information to determine the truth or falsity of the allegations, therefore, they are denied, and strict proof thereof is demanded at trial if deemed relevant. 14. Denied. After reasonable investigation, State Auto is without sufficient knowledge or information to determine the truth or falsity of the allegations, therefore, they are denied, and strict proof thereof is demanded at trial if deemed relevant. 15. Denied. After reasonable investigation, State Auto is without sufficient knowledge or information to determine the truth or falsity of the allegations, therefore, they are denied, and strict proof thereof is demanded at trial if deemed relevant. 16. Denied. After reasonable investigation, State Auto is without sufficient knowledge or information to determine the truth or falsity of the allegations, therefore, they are denied, and strict proof thereof is demanded at trial if deemed relevant. 17. Denied. After reasonable investigation, State Auto is without sufficient knowledge or information to determine the truth or falsity of the allegations, therefore, they are denied, and strict proof thereof is demanded at trial if deemed relevant. 18. Denied. After reasonable investigation, State Auto is without sufficient knowledge or information to determine the truth or falsity of the allegations, therefore, they are denied, and strict proof thereof is demanded at trial if deemed relevant. 19. Denied. After reasonable investigation, State Auto is without sufficient knowledge or information to determine the truth or falsity of the allegations, therefore, they are denied, and strict proof thereof is demanded at trial if deemed relevant. 20. Denied. After reasonable investigation, State Auto is without sufficient knowledge or information to determine the truth or falsity of the allegations, therefore, they are denied, and strict proof thereof is demanded at trial if deemed relevant. 21. Admitted in part; denied in part. State Auto admits only that it received a copy of a Dunning Quality Builders estimate, which, being a writing, speaks for itself, and any characterization thereof is strictly denied. As to the remaining allegations, after reasonable investigation, State Auto is without sufficient knowledge or information to determine the truth or falsity of the allegations, therefore, they are denied, and strict proof thereof is demanded at trial if deemed relevant. 22. Admitted in part; denied in part. State Auto admits only that it received a copy of a Dunning Quality Builders estimate, which, being a writing, speaks for itself, and any characterization thereof is strictly denied. As to the remaining allegations, after reasonable investigation, State Auto is without sufficient knowledge or information to determine the truth or falsity of the allegations, therefore, they are denied, and strict proof thereof is demanded at trial if deemed relevant. 23. Admitted in part; denied in part. State Auto admits only that it received a copy of a Dunning Quality Builders estimate, which, being a writing, speaks for itself, and any characterization thereof is strictly denied. As to the remaining allegations, after reasonable investigation, State Auto is without sufficient knowledge or information to determine the truth or falsity of the allegations, therefore, they are denied, and strict proof thereof is demanded at trial if deemed relevant. 24. Admitted in part; denied in part. Safe Auto admits only that Plaintiffs submitted a claim on or around August 25, 2010. As to the remaining allegations, after reasonable investigation, State Auto is without sufficient knowledge or information to determine the truth or falsity of the allegations, therefore, they are denied, and strict proof thereof is demanded at trial if deemed relevant. 25. Admitted in part; denied in part. Plaintiffs do not define what they mean by "underwent its claims review process," therefore the allegation is denied and strict proof thereof is demanded at trial if deemed relevant. State Auto admits only that it retained Nicholas Colanzi of Lawrence J. Dove Associates ("Colanzi") to assist in the investigation of the claim, and that Colanzi inspected the roof on or around September 28, 2010 and again on or around March 20, 2012. 26. Admitted in part; denied in part. State Auto admits that Colanzi prepared a report regarding his inspection of the subject roof, as well as a supplemental report after a re-inspection which was requested by Plaintiffs. The reports, being writings, speak for themselves, and State Auto denies any characterization of the writings. 27. Admitted in part; denied in part. State Auto admits that Colanzi prepared two reports regarding his inspections of the subject roof. The reports, being writings, speaks for themselves, and State Auto denies any characterizations of the writings. To answer further, to the extent further answer is required, State Auto admits only that Colanzi determined that areas of the roof showed paint cracking due to pre-existing tin roof rusting and improper preparation of those areas for paint application. 28. Admitted in part; denied in part. State Auto admits only that the west side aluminum siding (consisting of 344 sq. feet) and the northeast corner roof downspout (16 feet long) suffered hail damage and needed to be replaced. 29. Admitted in part; denied in part. State Auto denies that the check was issued on October 10, 2010. To the contrary, the check was issued on October 4, 2010. State Auto admits that the check was issued in the amount of $1,467.31. State Auto admits only that the check was issued pursuant to the Policy for damages to that the west side aluminum siding (consisting of 344 sq. feet) and the northeast corner roof downspout (16 feet long). 30. Admitted in part; denied in part. It is admitted that State Auto did not issue a check for alleged roof damages. Any insinuation that State Auto owed to "compensate" Plaintiffs under the Policy for alleged roof damages is specifically denied. 31. Admitted, upon information and belief. 32. State Auto admits only that Plaintiffs informed State Auto that Plaintiffs disagreed with State Auto's coverage determination. 33. Denied. After reasonable investigation, State Auto is without sufficient knowledge or information to determine the truth or falsity of the allegations, therefore, they are denied, and strict proof thereof is demanded at trial if deemed relevant. 34. Denied. After reasonable investigation, State Auto is without sufficient knowledge or information to determine the truth or falsity of the allegations, therefore, they are denied, and strict proof thereof is demanded at trial if deemed relevant. 35. Denied. After reasonable investigation, State Auto is without sufficient knowledge or information to determine the truth or falsity of the allegations, therefore, they are denied, and strict proof thereof is demanded at trial if deemed relevant. 36. Denied. After reasonable investigation, State Auto is without sufficient knowledge or information to determine the truth or falsity of the allegations, therefore, they are denied, and strict proof thereof is demanded at trial if deemed relevant. 37. Denied. After reasonable investigation, State Auto is without sufficient knowledge or information to determine the truth or falsity of the allegations, therefore, they are denied, and strict proof thereof is demanded at trial if deemed relevant. 38. Denied. After reasonable investigation, State Auto is without sufficient knowledge or information to determine the truth or falsity of the allegations, therefore, they are denied, and strict proof thereof is demanded at trial if deemed relevant. To Answer further, to the extent further Answer is required, State Auto's knowledge of the roof's state is limited to the information in the reports. 39. Admitted. 40. Denied. After reasonable investigation, State Auto is without sufficient knowledge or information to determine the truth or falsity of the allegations, therefore, they are denied, and strict proof thereof is demanded at trial if deemed relevant. COUNT I - BREACH OF CONTRACT - STATE AUTO 41. State Auto incorporates by reference the preceding paragraphs as though fully set forth at length herein. 42. Denied. This averment is denied as a conclusion of law to which no responsive pleadings are required. To Answer further, to the extent further Answer is required, the contractual period is set forth on the declarations page of the Policy, attached hereto as Exhibit "A," which displays a Policy period of March 30, 2010 to March 30, 2011. 43. Denied. This averment is denied as a conclusion of law to which no responsive pleadings are required. To Answer further, to the extent further Answer is required, State Auto specifically denies this averment. State Auto denies any characterization of the Policy, as the Policy, being a writing, speaks for itself. 44. Denied. This averment is denied as a conclusion of law to which no responsive pleadings are required. To Answer further, to the extent further Answer is required, State Auto specifically denies this averment. State Auto denies any characterization of the Policy, as the Policy, being a writing, speaks for itself. State Auto further specifically denies that the alleged roof damage was "covered" under the terms of the Policy. To the contrary, the roof did not sustain damage that was covered pursuant to the terms and conditions of the Policy, and State Auto properly denied the claim pursuant to the facts set forth in Colanzi's reports. State Auto has not breached its contract with Plaintiffs. 45. Denied. This averment is denied as a conclusion of law to which no responsive pleadings are required. To Answer further, to the extent further Answer is required, State Auto has not breached its insurance contract with Plaintiffs, and is not liable for the damages Plaintiffs seek. As to the remaining allegations, after reasonable investigation, State Auto is without sufficient knowledge or information to determine the truth or falsity of the allegations, therefore, they are denied, and strict proof thereof is demanded at trial if deemed relevant. WHEREFORE, State Auto demands judgment in its favor, dismissing the Complaint with prejudice together with costs of suit, counsel fees, and such other relief as the Court deems equitable and just. COUNT II - BAD FAITH - STATE AUTO 46. State Auto incorporates by reference the preceding paragraphs as though fully set forth at length herein. 47. Denied. This averment is denied as a conclusion of law to which no responsive pleadings are required. 48. Denied. This averment is denied as a conclusion of law to which no responsive pleadings are required. 49. Denied. This averment is denied as a conclusion of law to which no responsive pleadings are required. To Answer further, to the extent further Answer is required, State Auto properly declined to make payment for Plaintiffs' roof and did not breach any duty owed to Plaintiffs under the Policy or at law. 50. Denied. This averment is denied as a conclusion of law to which no responsive pleadings are required. To Answer further, to the extent further Answer is required, State Auto properly declined to make payment for Plaintiffs' roof and did not breach any duty owed to Plaintiffs under the Policy or at law. State Auto's coverage determination was reasonable. 51. Denied. This averment is denied as a conclusion of law to which no responsive pleadings are required. To Answer further, to the extent further Answer is required, State Auto properly declined to make payment for Plaintiffs' roof and did not breach any duty owed to Plaintiffs under the Policy or at law. State Auto denies that its coverage determination was erroneous or unreasonable. 52. Denied. This averment is denied as a conclusion of law to which no responsive pleadings are required. To Answer further, to the extent further Answer is required, State Auto properly declined to make payment for Plaintiffs' roof and did not breach any duty owed to Plaintiffs under the Policy or at law. State Auto denies that its coverage decision was frivolous, unfounded, and/or without any reasonable basis. 53. Denied. This averment is denied as a conclusion of law to which no responsive pleadings are required. To Answer further, to the extent further Answer is required, State Auto properly declined to make payment for Plaintiffs' roof and did not breach any duty owed to Plaintiffs under the Policy or at law. State Auto denies that its actions or conduct constituted bad faith, were in reckless disregard for Plaintiffs' rights, or constituted a gross deviation from its duties as an insurer. 54. Denied. 55. Denied. After reasonable investigation, State Auto is without sufficient knowledge or information to determine the truth or falsity of the allegations, therefore, they are denied, and strict proof thereof is demanded at trial if deemed relevant. 56. Denied. State Auto denies that it breached its duty of good faith. State Auto denies that it acted in bad faith. State Auto denies that Plaintiffs are entitled to any damages under 42 Pa. C.S.A. § 8371, or that they are entitled to any damages under the common law or under contract principals: a) Denied. State Auto specifically denies that the Champions sustained damage to their roof that is compensable under the Policy; b) Denied. This averment is denied as a conclusion of law to which no responsive pleading is required. To Answer further, to the extent further Answer is necessary, State Auto is not liable for damages Plaintiffs seek; C) Denied. This averment is denied as a conclusion of law to which no responsive pleading is required. To Answer further, to the extent further Answer is necessary, State Auto is not liable for damages Plaintiffs seek; d) Denied. This averment is denied as a conclusion of law to which no responsive pleading is required. To Answer further, to the extent further Answer is necessary, State Auto is not liable for damages Plaintiffs seek; e) Denied. This averment is denied as a conclusion of law to which no responsive pleading is required. To Answer further, to the extent further Answer is necessary, State Auto is not liable for damages Plaintiffs seek. WHEREFORE, State Auto demands judgment in its favor, dismissing the Complaint with prejudice together with costs of suit, counsel fees, and such other relief as the Court deems equitable and just. COUNT III - UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW - STATE AUTO 57. State Auto incorporates by reference the preceding paragraphs as though fully set forth at length herein. 58. Denied. This averment is denied as a conclusion of law to which no responsive pleadings are required. To Answer further, to the extent further Answer is required, after reasonable investigation, State Auto is without sufficient knowledge or information to determine the truth or falsity of the allegations, therefore, they are denied, and strict proof thereof is demanded at trial if deemed relevant. 59. Denied. This averment is denied as a conclusion of law to which no responsive pleadings are required. To Answer further, to the extent further Answer is required, after reasonable investigation, State Auto is without sufficient knowledge or information to determine the truth or falsity of the allegations, therefore, they are denied, and strict proof thereof is demanded at trial if deemed relevant. 60. Denied. This averment is denied as a conclusion of law to which no responsive pleadings are required. To Answer further, to the extent further Answer is required, State Auto denies that it unreasonably denied any claim. Further, State Auto denies that Plaintiffs' roof suffered any damage from hail. 61. Denied. This averment is denied as a conclusion of law to which no responsive pleadings are required. To Answer further, to the extent further Answer is required, after reasonable investigation, State Auto is without sufficient knowledge or information to determine the truth or falsity of the allegations, therefore, they are denied, and strict proof thereof is demanded at trial if deemed relevant. 62. Denied. This averment is denied as a conclusion of law to which no responsive pleadings are required. To Answer further, to the extent further Answer is required, after reasonable investigation, State Auto is without sufficient knowledge or information to determine the truth or falsity of the allegations, therefore, they are denied, and strict proof thereof is demanded at trial if deemed relevant. 63. Denied. This averment is denied as a conclusion of law to which no responsive pleading is required. To Answer further, to the extent further Answer is necessary, State Auto specifically denies that its claims process is fraudulent in any way. 64. Denied. This averment is denied as a conclusion of law to which no responsive pleading is required. To Answer further, to the extent further Answer is necessary, State Auto specifically denies that its claims process is designed to avoid "having to pay expensive claims regardless of whether the claim is covered under the policy.". 65. Denied. This averment is denied as a conclusion of law to which no responsive pleading is required. To Answer further, to the extent further Answer is necessary, State Auto specifically denies that it has engaged in fraudulent and/or deceptive conduct. State Auto further denies that it is liable for damages Plaintiffs seek. 66. Denied. This averment is denied as a conclusion of law to which no responsive pleading is required. To Answer further, to the extent further Answer is necessary, State Auto specifically denies that it has engaged in fraudulent and/or deceptive conduct. State Auto further denies that it has violated the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 Pa. C.S.A. §§ 201-1 et seq. 67. Denied. This averment is denied as a conclusion of law to which no responsive pleadings are required. To Answer further, to the extent further Answer is necessary, State Auto is not liable for damages Plaintiffs seek. WHEREFORE, State Auto demands judgment in its favor, dismissing the Complaint with prejudice together with costs of suit, counsel fees, and such other relief as the Court deems equitable and just. COUNT IV - UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW - DEITZEL BROTHERS 68. State Auto incorporates by reference the preceding paragraphs as though fully set forth at length herein. 69. Denied. These allegations are directed to parties other than State Auto; therefore, no response is required. To the extent a response is required, the allegations are denied and strict proof thereof is demanded at trial if deemed relevant. 70. Denied. These allegations are directed to parties other than State Auto; therefore, no response is required. To the extent a response is required, the allegations are denied and strict proof thereof is demanded at trial if deemed relevant. 71. Denied. These allegations are directed to parties other than State Auto; therefore, no response is required. To the extent a response is required, the allegations are denied and strict proof thereof is demanded at trial if deemed relevant. 72. Denied. These allegations are directed to parties other than State Auto; therefore, no response is required. To the extent a response is required, the allegations are denied and strict proof thereof is demanded at trial if deemed relevant. 73. Denied. These allegations are directed to parties other than State Auto; therefore, no response is required. To the extent a response is required, the allegations are denied and strict proof thereof is demanded at trial if deemed relevant. 74. Denied. These allegations are directed to parties other than State Auto; therefore, no response is required. To the extent a response is required, the allegations are denied and strict proof thereof is demanded at trial if deemed relevant. 75,. Denied. These allegations are directed to parties other than State Auto; therefore, no response is required. To the extent a response is required, the allegations are denied and strict proof thereof is demanded at trial if deemed relevant. 76. Denied. These allegations are directed to parties other than State Auto; therefore, no response is required. To the extent a response is required, the allegations are denied and strict proof thereof is demanded at trial if deemed relevant. 77. Denied. These allegations are directed to parties other than State Auto; therefore, no response is required. To the extent a response is required, the allegations are denied and strict proof thereof is demanded at trial if deemed relevant. WHEREFORE, State Auto demands judgment in its favor, dismissing the Complaint with prejudice together with costs of suit, counsel fees, and such other relief as the Court deems equitable and just. COUNT V - FRAUD - DEITZEL BROTHERS 78. State Auto incorporates by reference the preceding paragraphs as though fully set forth at length herein. 79. Denied. These allegations are directed to parties other than State Auto; therefore, no response is required. To the extent a response is required, the allegations are denied and strict proof thereof is demanded at trial if deemed relevant. 80. Denied. These allegations are directed to parties other than State Auto; therefore, no response is required. To the extent a response is required, the allegations are denied and strict proof thereof is demanded at trial if deemed relevant. 81. Denied. These allegations are directed to parties other than State Auto; therefore, no response is required. To the extent a response is required, the allegations are denied and strict proof thereof is demanded at trial if deemed relevant. WHEREFORE, State Auto demands judgment in its favor, dismissing the Complaint with prejudice together with costs of suit, counsel fees, and such other relief as the Court deems equitable and just. COUNT VI - NEGLIGENCE - DEITZEL BROTHERS 82. State Auto incorporates by reference the preceding paragraphs as though fully set forth at length herein. 83. Denied. These allegations are directed to parties other than State Auto; therefore, no response is required. To the extent a response is required, the allegations are denied and strict proof thereof is demanded at trial if deemed relevant. 84. Denied. These allegations are directed to parties other than State Auto; therefore, no response is required. To the extent a response is required, the allegations are denied and strict proof thereof is demanded at trial if deemed relevant. WHEREFORE, State Auto demands judgment in its favor, dismissing the Complaint with prejudice together with costs of suit, counsel fees, and such other relief as the Court deems equitable and just. COUNT VII - UNJUST ENRICHMENT - DEITZEL BROTHERS 85. State Auto incorporates by reference the preceding paragraphs as though fully set forth at length herein. 86. Denied. These allegations are directed to parties other than State Auto; therefore, no response is required. To the extent a response is required, the allegations are denied and strict proof thereof is demanded at trial if deemed relevant. 87. Denied. These allegations are directed to parties other than State Auto; therefore, no response is required. To the extent a response is required, the allegations are denied and strict proof thereof is demanded at trial if deemed relevant. 88. State Auto incorporates by reference the preceding paragraphs as though fully set forth at length herein. 89. Denied. These allegations are directed to parties other than State Auto; therefore, no response is required. To the extent a response is required, the allegations are denied and strict proof thereof is demanded at trial if deemed relevant. 90. Denied. These allegations are directed to parties other than State Auto; therefore, no response is required. To the extent a response is required, the allegations are denied and strict proof thereof is demanded at trial if deemed relevant. 91. Denied. These allegations are directed to parties other than State Auto; therefore, no response is required. To the extent a response is required, the allegations are denied and strict proof thereof is demanded at trial if deemed relevant. 92. Denied. These allegations are directed to parties other than State Auto; therefore, no response is required. To the extent a response is required, the allegations are denied and strict proof thereof is demanded at trial if deemed relevant. 93. Denied. These allegations are directed to parties other than State Auto; therefore, no response is required. To the extent a response is required, the allegations are denied and strict proof thereof is demanded at trial if deemed relevant. WHEREFORE, State Auto demands judgment in its favor, dismissing the Complaint with prejudice together with costs of suit, counsel fees, and such other relief as the Court deems equitable and just. [COUNT VIIII BREACH OF WARRANTY - DEITZEL BROTHERS 94. State Auto incorporates by reference the preceding paragraphs as though fully set forth at length herein. 95. Denied. These allegations are directed to parties other than State Auto; therefore, no response is required. To the extent a response is required, the allegations are denied and strict proof thereof is demanded at trial if deemed relevant. 96. Denied. These allegations are directed to parties other than State Auto; therefore, no response is required. To the extent a response is required, the allegations are denied and strict proof thereof is demanded at trial if deemed relevant. 97. Denied. These allegations are directed to parties other than State Auto; therefore, no response is required. To the extent a response is required, the allegations are denied and strict proof thereof is demanded at trial if deemed relevant. 98. Denied. These allegations are directed to parties other than State Auto; therefore, no response is required. To the extent a response is required, the allegations are denied and strict proof thereof is demanded at trial if deemed relevant. 99. Denied. These allegations are directed to parties other than State Auto; therefore, no response is required. To the extent a response is required, the allegations are denied and strict proof thereof is demanded at trial if deemed relevant. WHEREFORE, State Auto demands judgment in its favor, dismissing the Complaint with prejudice together with costs of suit, counsel fees, and such other relief as the Court deems equitable and just. NEW MATTER 100. State Auto incorporates by reference paragraphs 1 through and including 99 of its Answer to Plaintiffs' Complaint as though fully set forth herein at length. 101. Plaintiffs' Complaint and each and every allegation contained therein fails to allege facts sufficient to state a cause of action upon which relief may be granted against State Auto. 102. Plaintiffs' claims are barred by the Doctrine of Waiver. 103. Plaintiffs' claims are barred by the Doctrine of Estoppel. 104. Plaintiffs' claims are barred by the Doctrine of Latches. 105. Plaintiffs' claims may be barred and/or limited for failure to mitigate its damages. 106. Plaintiffs' claims may be barred by the applicable statute of limitations. 107. Plaintiffs' claims may be barred by the applicable suit limitation period included in the relevant policy of insurance. 108. Plaintiffs' claims may be barred by the doctrine of payment. 109. Plaintiffs' claims may be barred by the doctrine of accord and satisfaction. 110. Plaintiffs' damages, if any, are the result of negligence or fault of the Plaintiff or third parties over which State Auto has no control, including, but not limited to, Deitzel Brothers. 111. Plaintiffs' claim is barred by failure of condition precedent. 112. Plaintiffs' claims are barred by impossibility of performance. 113. Plaintiffs are bound by the acts and/or omissions of its agents and representatives. 114. Plaintiffs' claimed losses are inflated, inaccurate, and excessive. 115. Plaintiffs' claims are barred, in whole or in part, by the terms and conditions of the Policy, which states: SECTION I - PERILS INSURED AGAINST A. Coverage A - Dwelling And Coverage B - Other Structures 1. We insure against risk of direct physical loss to property described in Coverages A and B. 2. We do not insure, however, for loss; a. Excluded under Section I -Exclusions; C. Caused by: (6) Any of the following; (a) Wear and tear, marring, deterioration; (b) Mechanical breakdown, latent defect, inherent vice, or any quality in property that causes it to damage or destroy itself; (c) Smog, rust or other corrosion, or dry rot; (d) Smoke from agricultural smudging or industrial operations; (f) Settling, shrinking. bulging or expansion, including resultant cracking, of bulkheads, pavements, patios, footings, foundations, walls, floors, roofs or ceilings; SECTION I • EXCLUSIONS A. 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. These exclusions apply whether or not the loss event results in widespread damage or affects a substantial area. 5. Neglect Neglect means neglect of an "insured" to use all reasonable means to save and preserve property at and after the time of a loss. B. We do not insure for loss to property described in Coverages A and B caused by any of the following. However, any ensuing loss to property described in Coverages A and B not precluded by any other provision in this policy is covered. 1. Weather conditions. However, this exclusion only applies if weather conditions contributed in any way with a cause or event excluded in A. above to produce the loss. 2. Acts or decisions, including the failure to act or decide, of any person, group, organization or governmental body. 3. Faulty, inadequate or defective: a. Planning, zoning, development, surveying, siting; b. Design, specifications, workmanship, repair, construction, renovation, remodeling, grading, compaction; C. Materials used in repair, construction, renovation or remodeling; or d. Maintenance; of part or all of any property whether on or off the "residence premises." SECTION I - CONDITIONS B. Duties After Loss In case of a loss to covered property, we have no duty to provide coverage under this policy if the failure to comply with the following duties is prejudicial to us. These duties must be performed either by you, an "insured" seeking coverage, or a representative of either: 1. Give prompt notice to us or our agent; 2. Notify the police in case of loss by theft; 3. Notify the credit card or electronic fund transfer card or access device company in Card, Electronic Fund Transfer Card Or Access Device, Forgery And Counterfeit Money under Section I - Property Coverages; 4. Protect the property from further damage. If repairs to the property are required, you must: a. Make reasonable and necessary repairs to protect the property; and b. Keep an accurate record of repair expenses; Exhibit "A," pg. 11-21. 116. The preceding Policy provisions are not exhaustive, and State Auto fully incorporates all terms and conditions of the Policy. 117. State Auto procured the services of an engineer - Colanzi - who investigated the property on September 28, 2010, and March 20, 2012. Colanzi's reports indicated that the areas of the roof painted by Deitzel Brothers in 2009 showed paint cracking due to pre-existing tin roof rusting and improper preparation of those areas for paint application, and that the gable and porch tin roof of the home was not damaged by hail or any other single weather event. 118. The claim for the roof was therefore properly denied due to the terms and conditions of the Policy because it did not sustain a "direct physical loss," and because several exclusions applied. 119. Plaintiffs have failed to comply with all of the conditions precedent under the Policy of insurance to maintain this action, including but not limited to presenting a claim for direct physical loss caused by a named and covered peril under the Policy. 120. Plaintiffs have failed to comply with all of the conditions precedent under the policy of insurance to maintain this action, including but not limited to notifying State Auto of the loss immediately, given that the loss was not reported until August 25, 2010, and the Complaint alleges that the loss occurred on May 14, 2010, over three months prior to notification. 121. State Auto's actions and handling of the insurance claim at issue was at all times reasonable. 122. State Auto has performed all of its duties and obligations as they exist pursuant to the Policy and Pennsylvania law. 121. State Auto acted in good faith and did not act in bad faith with regard to handling of Plaintiffs' claim. At all pertinent times, State Auto had a reasonable basis for its actions and at no time acted in a reckless manner or lacked a reasonable basis for its actions or omissions. 122. State Auto's handling of the claim, its claims decisions, and its conduct during the claims handling process were, at all times, reasonable and appropriate under the terms of the policy of insurance and under the applicable statutory regulations in the Commonwealth of Pennsylvania. 123. State Auto has not acted in bad faith or otherwise violated 42 Pa. C.S.A. § 8371. 124. Plaintiffs' claims for punitive damages are not warranted. 125. Plaintiffs' claims for punitive damages may be unconstitutional under both the Constitution of the United State of America and the Commonwealth of Pennsylvania. 126. Plaintiffs' claims for punitive damages bear no reasonable relation to the conduct alleged. 126. An award of punitive damages to Plaintiffs would represent a windfall and would bear no reasonable relation to any alleged wrong done or compensatory damages warranted. 127. Any award of punitive damages must bear a reasonable relation to the alleged damages incurred. 128. Plaintiffs are not entitled to attorneys' fees under any cause of action. WHEREFORE, State Auto demands judgment in its favor, dismissing the Complaint with prejudice together with costs of suit, counsel fees, and such other relief as the Court deems equitable and just. NELSON LEVINE de LUCA & HAMILTON BY: ED A J. FINN, ESQUIRE ATTORNEYS FOR DEFENDANT STATE AUTO PROPERTY AND CASUALTY INSURANCE COMPANY, INCORRECTLY IDENTIFIED IN THE CAPTION AS STATE AUTO INSURANCE CO. VERIFICATION I, Edward Finn, Esquire, do hereby state that I am counsel for State Auto Property & Casualty Company in the within action, and as such do hereby verify that the statements made in the foregoing are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. EDWARD J. FINN Dated: `? l I ?? EXHIBIT A MOBTOP HPA 0008827 05 20100228 WFS CHAM HP ' R 37DUNN0006819 017013 mX STATE AUM0 Po v NUMBER POLICY EFFECTIVE 31 HPA 0008827 05 03/30/10 0 Insurance Companies C ? VINCENT L & HEATHER E CHAMPION 226 IN SOUTH STREET CARLISLE, PA 17013 C--- _-.? R T DUNN INSURANCE INC 200 IN MAIN ST MECHANICSBURG, PA 17055 PHONE:( 717) 766-0770 Attached is your policy and/or any policy changes. Please contact your agent if you have any questions. Information about your coverages and any applicable special discounts is listed on the attached Declaration page(s). Any new contracts and policy conditions also are attached. The State Auto Insurance Companies and your independent agent strive to provide overwhelming service to you. Please let us know how we can best serve your needs. *** SEE OTHER SIDE FOR CLAIMS CONTACT INFORMATION *** *** SEE OTHER SIDE FOR IMPORTANT INFORMATION ABOUT YOUR POLICY *** POLICY INFORMATION ----- PREMIUM TOTALS ----- HPA0008827 0507 VINCENT L 8 HEATHER E CHAMPION DIRECT BILL INSURED FULL PAY 0000993700088270010000158000000000 TOTAL PREMIUM........... $614.00 THANK YOU FOR LETTING US SERVE YOUR INSURANCE NEEDS ENCLOSED DOCUMENTS ARE POLICY INFORMATION ONLY YOUR BILL WILL BE SENT SEPARATELY, IF NEEDED STMTFRVI CHAM000001 """ ., ru MOBTOP HPA 0008827 05 20100228 WFS CHAM HP ' R 37DUNN0006819 017013 STATE AUTO® Poll- NUMBER Insurance Companies HPA 0008827 05 TO FILE A CLAIM: 1) CALL R T DUNN INSURANCE INC AT (717)766-0770, OR; 2) CALL STATE AUTO AT 1-800-766-1853, OR; 3) CONTACT STATE AUTO AT WWW.STATEAUTO.COM DID YOU KNOW. . . . . . Your State Auto Homeowner policy includes at no additional cost, IDENTITY FRAUD EXPENSE COVERAGE - see the endorsement in your policy or call your agent noted above for more information. Also, to State Auto Homeowner policyholders, we are pleased to make available to you, free of charge, an advocate claims settlement service - someone to assist you with the steps needed if you become a victim of identity fraud. See the enclosed stuffer or call your agent noted above. More information is also available on our website at WWW.STATEAUTO.COM. F12653 (05/06) -21- 21.1.15 CHAM000002 MOBNLOGO HPA 0008827 05 20100228 WFS CHAM HP ' R 37DUNN0006819 017013 POLICY NUMBER: HPA 0008827 05 NOTICE OF POLICIES AND PRACTICES OF THE DISCLOSURE OF NONPUBLIC, PERSONAL INFORMATION The State Auto Insurance Companies are required by federal statute--specifically, the Gramm Leach Bliley Act--to provide you with certain information about our practices regarding the nonpublic, personal information we obtain from, and about, you in the ordinary course of business. Our practices of information-gathering in order to provide your personal insurance are usual and appropriate and done in an acceptable manner for the purposes of insurance underwriting and reinsurance. We collect the following categories of nonpublic, personal information in the normal course of business: Information, such as social security numbers, we receive from you on applications or other forms; Information about your transactions with us, our affiliates, and others, such as arising from any claims you have presented or your coverage with an affiliate of ours; Information we receive from a consumer-reporting agency, including credit scores, motor vehicle records, loss history information, prior insurance information, and property characteristic information. We may disclose any of the nonpublic, personal information you share with us to third parties who help us perform our business function of underwriting and pricing your insurance, settling claims, and otherwise servicing you and your policy(ies). This would include the following types of nonaffiliated entities: consumer-reporting agencies, insurance adjusters, rating bureaus, insurance department regulators, insurance agencies, property inspectors, and other insurance support organizations. The law permits disclosures to the entities described here, and we only disclose your nonpublic, personal information as permitted by law. We may also share with our affiliates all of the information that we collect to conduct our business, to provide our customers with the best possible products and services, and for other purposes. If you are a new customer and prefer that we not share certain information with our affiliates, you can opt out of this information-sharing by completing the request at the bottom of this notice. SEE NEXT PAGE AU303 (06/09) Page 1 of 2 »//»AU303-200906 oo5599, acse as CHAM000003 MOBNLOGO HPA 0008827 05 20100228 WFS CHAM HP ' R 37DUNN0006819 017013 If you are an existing customer and have already told us your sharing preference, no action is needed unless you want to change your information-sharing preference. To change your preference at any time, also complete the request at the bottom of this notice. An opt-out of affiliate-sharing will not apply: to information about transactions or experiences between you and our affiliates or us; to information provided to affiliates that provide services to us or on our behalf; or to other information disclosed as permitted by law. For example, an opt-out will not apply to information about your transactions with us (such as name, address, and payment history) or your experiences with us (such as your claim activity). The election will remain effective until you revoke it in writing as long as you continue to have a relationship with us. If your present relationship with us terminates (that is, if you become a former customer), your request will continue to apply to information we have collected while you were our customer until you revoke it in writing. If there is more than one named insured (any named insured can request that we not share information), the request will apply to all named insureds on the policy. We will process your opt-out request as soon as reasonably practicable after we receive it. If you choose this opt-out option, please understand that we may not be able to provide the best and fastest service for you or be able to advise you of products and services that may be available. In addition, we do not disclose nonpublic, personal information about former customers except as permitted by law. State Auto seeks to maintain the confidentiality of your nonpublic, personal information. State Auto intends for its employees to access customers' and consumers' nonpublic, personal information only in the course of their servicing our products. We notify each employee of our strict employment policy against any employee accessing nonpublic, personal information for any reasons other than to fulfill their job requirements or as permitted by law. All employees are also required to report to their supervisor any unauthorized use of customers' and consumers' nonpublic, personal information of which any employee becomes aware, so that the matter may be investigated and appropriate disciplinary action taken. POLICY NUMBER: HPA 0008827 05 _ Named Insured(s): _ Print Name(s) n I prefer that State Auto not share any of my personal information with any of its affiliated companies. F] I wish to change my information-sharing preference and allow State Auto to share my personal information with any of its affiliated companies. Please mail this election to: State Auto Insurance Companies Attention: Information Privacy Practices Contact 518 East Broad Street Columbus, Ohio 43215 AU303 (06109) Page 2 of 2 *//•AU303-20090(3 S CHAM000004 tl 6 MOBNLOGO HPA 0008827 05 20100228 WFS CHAM HP ` R 37DUNN0006819 017013 Personal Insurance Policy STATE AU'T'?® ®0 Insurance Companies _ AUTO HOME BUSINESS MK 466-0608 »'/»MK466-200806 0056001 P,-d 02121110 21:59:16 CHAM000005 MOBNLOGO HPA 0008827 05 20100228 WFS CHAM HP * R 37DUNN0006819 017013 BY THE WAY. . . • State Auto offers insurance products to protect your auto, home, condo, apartment, townhouse, boat, farm, personal umbrella liability and business. • Do you know what to do if you are involved in an auto accident? Ask your State Auto agent about our complimentary claims information packet or a helpful step by step brochure. • State Auto claims service has been top-ranked by a leading consumer publication. • State Auto has been rated A+ (Superior) by A.M. Best every year since 1954. PAYING YOUR POLICY PREMIUM IS EASY AND CONVENIENT WITH SEVERAL OPTIONS: • Pay online at www.stateauto.com (by credit/debit card or check) • Pay by Electronic Funds Transfer (EFT) • Pay by check, with multiple payment plans available • Pay by phone Contact your State Auto agent for full details on the discounts and coverages available and or log on to www.stateauto.com for more information on all our insurance products. »//.MK466-200806 oaz CHAM00000i'-' MOBDEC08 HPA 0008827 05 20100228 WFS CHAM HP 'R 37DUNN0006819 017013 STATE AVTO® RENEWAL DECLARATIONS HOMEOWNERS POLICY Insurance Companies THIS DECLARATIONS PAGE WITH POLICY FORMS AND ENDORSEMENTS COMPLETES THE POLICY. THIS POLICY WILL CONTINUE IN FORCE FOR THE PERIOD INDICATED UPON VALID PAYMENT OF THE PREMIUM, WHEN DUE. POLICY NUMBER POLICY PERIOD COVERAGE IS PROVIDED IN AGENCY PROD FROM TO THE FOLLOWING COMPANY HPA 0008827 03/30/10 03/30/11 STATE AUTO PROP. & CAS. 6819 00 NAMED INSURED AND ADDRESS AGENT VINCENT L & HEATHER E CHAMPION R T DUNN INSURANCE INC 226 W SOUTH STREET 200 W MAIN ST CARLISLE PA 17013 MECHANICSBURG PA 17055 TELEPHONE 717/766-0770 THE PREMISES COVERED BY THIS POLICY IS LOCATED AT THE ABOVE ADDRESS. RATING INFORMATION- FORM 3 MASONRY, CONSTRUCTED IN 1850, DEFENDER, PRIMARY RESIDENCE, PROTLCTION CLASS 6, TERRITORY 033, FEET FROM HYDRANT 1000, FIRE STATION 3 MILES, $250 SECTION I LOSS DEDUCTIBLE, 1 FAMILY, INSIDE CITY. DUE TO REPAIR AND REPLACEMENT COST INCREASES, SECTION I COVERAGES HAVE BEEN INCREASED BY 3.6% COVERAGE AT THE ABOVE DESCRIBED LOCATION IS PROVIDED ONLY WHERE A LIMIT OF LIABILITY IS SHOWN OR A PREMIUM IS STATED SECTION I COVERAGE LIMIT OF LIABILITY PREMIUMS A. DWELLING $311,400 $477.00 B. OTHER STRUCTURES $31,140 C. PERSONAL PROPERTY $217,980 D. LOSS OF USE $93,420 SECTION I I COVERAGE E. PERSONAL LIABILITY $300,000 EACH OCCURRENCE F. MEDICAL PAY. TO OTHERS - $1,000 EACH PERSON $17.00 TOTAL BASIC PREMIUM - - - - - - - - - - - - - $494.00 ADDITIONAL PREMIUMS SPECIAL COMPUTER COVERAGE 15.00 VOLUNTEER WRONGFUL ACTS 35.00 SCHED PERSONAL PROPERTY END (WITH AGREED VALUE LOSS SETTLEMENT) 170.00 TOTAL ADDITIONAL PREMIUMS - - - - - - - - - - - - - $120.00 TOTAL FULL TERM PREMIUM - - - - - - - - - - - - - $614.00 LOSS EXPERIENCE RATING PLAN DISCOUNT 29% ,„ YOUR HOMEOWNERS POLICY HAS BEEN DISCOUNTED AS SHOWN BELOW: YOU HAVE RECEIVED AN AUTO/HOME DISCOUNT OF $119 ALLHOME CREDIT APPLIES PROTECTIVE DEVICE CREDIT '12% POLICY PERIOD- 12-01 AM STANDARD TIME AT THE RESIDENCE PREMISES. CHAM000007 MOBDEC08 HPA 0008827 05 20100228 WFS CHAM HP 'R 37DUNN0006819 017013 /e STATE MJ RENEWAL DECLARATIONS ?`'-' Insurance Companies HOMEOWNERS POLICY THIS DECLARATIONS PAGE WITH POLICY FORMS AND ENDORSEMENTS COMPLETES THE POLICY. THIS POLICY WILL CONTINUE IN FORCE FOR THE PERIOD INDICATED UPON VALID PAYMENT OF THE PREMIUM, WHEN DUE. POLICY NUMBER POLICY PERIOD COVERAGE IS PROVIDED IN AGENCY PROD FROM TO THE FOLLOWING COMPANY HPA 0008827 03/30/10 03/30/11 STATE AUTO PROP. & CAS. 6819 00 NAMED INSURED AND ADDRESS AGENT VINCENT L & HEATHER E CHAMPION R T DUNN INSURANCE INC 226 W SOUTH STREET 200 W MAIN ST CARLISLE PA 17013 MECHANICSBURG PA 17055 TELEPHONE 717/766-0770 MORTGAGEE SECOND MORTGAGEE ITS SUCCESSORS WOR ASSIGNS ITS SUCCESSORS WOR ASSIGNS ORRSTOWN BANK LN# 0770499369 2695 PHILADELPHIA AVE CITIMORTGAGE INC CHAMBERSBURG, PA PO BOX 7706 17201 SPRINGFIELD, OH 45501 FORMS AND ENDORSEMENTS - H00003 05/01 H00455 03/03 F1189 10/00, F1256PA 03/08, H00137 06/07, H00427 04/02, F1122PA 12/07, 1`1207? 02/06, H01610 01/09, H00416 10/00, F1270PA 10/00, H00414 10/00, F1260 10/00, F1460 10/00, H00496 10/00. - YOU CAN REALIZE SIGNIFICANT PREMIUM REDUCTIONS BY INCREASING THE DEDUCTIBLE AMOUNT ON YOUR POLICY. CONTACT YOUR AGENT FOR SPECIFIC DETAILS.- NO SIGNATURE REQUIRED 02/28/10 --------------------- DATE CHAM000008 MOSDEC08 HPA 0008827 05 20100228 WFS CHAM HP 'R 37DUNN0006819 017013 STATE MJ RENEWAL DECLARATIONS r HO MEOWNERS POLICY Insurance Companies THIS DECLARATIONS PAGE WITH POLICY FORMS AND ENDORSEMENTS COMPLETES THE POLICY. THIS POLICY WILL CONTINUE IN FORCE FOR THE PERIOD INDICATED UPON VALID PAYMENT OF THE PREMIUM, WHEN DUE. POLICY NUMBER POLICY PERIOD COVERAGE IS PROVIDED IN AGENCY PROD FROM TO THE FOLLOWING COMPANY HPA 0008827 03/30/10 03/30/11 STATE AUTO PROP. & CAS. 6819 00 NAMED INSURED AND ADDRESS AGENT VINCENT L & HEATHER E CHAMPION R T DUNN INSURANCE INC 226 W SOUTH STREET 200 W MAIN ST CARLISLE PA 17013 MECHANICSBURG PA 17055 TELEPHONE 717/766-0770 DESCRIPTION OF ADDITIONAL COVERAGES/CREDITS/DEDUCTIBLES $250 SECTION I LOSS DEDUCTIBLE APPLIES. THIS SECTION I DEDUCTIBLE DOES NOT REPLACE, OVERRIDE NOR WAIVE ANY PERIL OR COVERAGE SPECIFIC HOMEOWNERS DEDUCTIBLE. SEE ADDITIONAL COVERAGE ENDORSEMENT(S) FOR COVERAGE DEDUCTIBLES. PROTECTIVE DEVICE DESCRIPTIONS CENTRAL FIRE ALARM SYSTEM. CENTRAL STATION BURGLARY ALARM SYSTEM. BURGLARY WOR FIRE LOCAL ALARM SYSTEM INCL UL APPVD SMOKE DETECTOR DEVICES. SPECIAL COMPUTER COVERAGE VOLUNTEER WRONGFUL ACTS COVERAGE SCHEDULED JEWELRY AGREED VALUE 01 AMOUNT OF LIABILITY IS $ 4902. LADIES 14K GLD DIAM RNG & BAND W/ 1 DIAM .60CTS, VS-2-I. DIAM MELEE 17 DIAM .48CTS, VS-2, H-I 02, AMOUNT OF LIABILITY IS $ 477. LADIES 18K WHITE GOLD DIAM FILIGREE RING .07CTS, SI-2, J 03, AMOUNT OF LIABILITY IS $ 1166. LADIES CULTURED PEARL 20" NECKLACE. NO. 109, SIZE 31/2MM-51/2MM, LIG HT CREAM/ROSE LUSTER MEDIUM MATCH-VERY GOOD CHAM000009 MOBTOP HPA 0008827 05 20100228 WFS CHAM HP ` R 370UNN0006819 017013 ?! STATE AVTO® POLICY EFFECTIVE: 31 ?'1 03/30/10 Insurance Companies HPA 0008827 05 s '..`.,4 ".`t"C'} k::,Y:xrsY'It:'!.i ...i9+. A..-'.i.._. k.R•. ".3,:.. k. e:f'`."d,i?fr 's. .+Pra:7 :: '12,e .-& ,.... .d:r.,..,.'"-.fi'6;1 ,!?+.9,'c...:5' ?..H..:. S w.,.S VINCENT L & HEATHER E CHAMPION 226 W SOUTH STREET CARLISLE, PA 17013 R T DUNN INSURANCE INC 200 W MAIN ST MECHANICSBURG, PA 17055 PHONE:( 717) 766-0770 Attached is your policy and/or any policy changes. Please contact your agent if you have any questions. Information about your coverages and any applicable special discounts is listed on the attached Declaration page(s). Any new contracts and policy conditions also are attached. The State Auto Insurance Companies and your independent agent strive to provide overwhelming service to you. Please let us know how we can best serve your needs. *** SEE OTHER SIDE FOR CLAIMS CONTACT INFORMATION *** *** SEE OTHER SIDE FOR IMPORTANT INFORMATION ABOUT YOUR POLICY *** POLICY INFORMATION ----- PREMIUM TOTALS HPA0008827 0507 VINCENT L 8 HEATHER E CHAMPION DIRECT BILL INSURED FULL PAY 0000993700088270010000158000000000 TOTAL PREMIUM..--....... 4614.00 THANK YOU FOR LETTING US SERVE YOUR INSURANCE NEEDS ENCLOSED DOCUMENTS ARE POLICY INFORMATION ONLY YOUR BILL WILL BE SENT SEPARATELY, IF NEEDED STMTFRVI CHAM000010 mic MOBTOP HPA 0008827 05 20100228 WFS CHAM HP ' R 37DUNN0006819 017013 STATE AUTO" ? ? NhYBEA Insurance Companies HPA 0008827 05 °=F`. n?a r. : __?...*?3;CZ..u'i?'. .. ?. ?3.+; ?... :. 3? ,_ ,. ?7a?+? ::.? ._t, ,.:;:.-.. i.,:. ;Y?3:.:;?.,.?.. i,n??;.,:.;«:.. ... 4.... :..-:• ers.: .Y:im°;q±e TO FILE A CLAIM: 1) CALL R T DUNN INSURANCE INC AT (717)766-0770, OR 2) CALL STATE AUTO AT 1-800-766-1853, OR 3) CONTACT STATE AUTO AT WWW.STATEAUTO.COM DID YOU KNOW... . . . Your State Auto Homeowner policy includes at no additional cost, IDENTITY FRAUD EXPENSE COVERAGE - see the endorsement in your policy or call your agent noted above for more information. Also, to State Auto Homeowner policyholders, we are pleased to make available to you, free of charge, an advocate claims settlement service - someone to assist you with the steps needed if you become a victim of identity fraud. See the enclosed stuffer or call your agent noted above. More information is also available on our website at WWW.STATEAUTO.COM. t F12653 105/061 CHAM000011 MOBNLOGO HPA 0008827 05 20100228 WFS CHAM HP ' R 37DUNN0006819 017913 POLICY NUMBER: EPA 0008827 05 NOTICE OF POLICIES AND PRACTICES OF THE DISCLOSURE OF NONPUBLIC, PERSONAL INFORMATION The State Auto Insurance Companies are required by federal statute-specifically, the Gramm Leach Bliley Act--to provide you with certain information about our practices regarding the nonpublic, personal information we obtain from, and about, you in the ordinary course of business. Our practices of infoinmation-gathering in order to provide your personal insurance are usual and appropriate and done in an acceptable manner for the purposes of insurance underwriting and reinsurance. We collect the following categories of nonpublic, personal information in the normal course of business: * Information, such as social security numbers, we receive from you on applications or other forms; * Information about your transactions with us, our affiliates, and others, such as arising from any claims you have presented or your coverage with an affiliate of ours; * Information we receive from a consumer-reporting agency, including credit scores, motor vehicle records, loss history information, prior insurance information, and property characteristic information. We may disclose any of the nonpublic, personal information you share with us to thins parties who help us perform our business function of underwriting and pricing your insurance, settling claims, and otherwise servicing you and your pdicy(les). This would include the following types of nonaffiliated entities: consumer-reporting agencies, insurance adjusters, rating bureaus, insurance department regulators, insurance agencies, property inspectors, and other insurance support organizations. The law permits disclosures to the entities described here, and we only disclose your nonpublic, personal information as permitted by law. We may also share with our affiliates all of the information that we collect to conduct our business, to provide our customers with the best possible products and services, and for other purposes. If you are a new customer and prefer that we not share certain information with our affiliates, you can opt out of this information-sharing by completing the request at the bottom of this notice. SEE NEXT PAGE AU303 (06109) Page f of 2 .//.AU303-2 0908 ovxn,o? ns.?xs CHAM000012 MOBNLOGO HPA 0008827 05 20100228 WFS CHAM HP ' R 37DUNN0006819 017013 If you are an existing customer and have already told us your sharing preference, no action is needed unless you want to change your information-sharing preference. To change your preference at any time, also complete the request at the bottom of this notice. An opt-out of affiliate-sharing will not apply: to information about transactions or experiences between you and our affiliates or us; to information provided to affiliates that provide services to us or on our behalf; or to other information disclosed as permitted by law. For example, an opt-out will not apply to information about your transactions with us (such as name, address, and payment history) or your experiences with us (such as your claim activity). The election will remain effective until you revoke it in writing as long as you continue to have a relationship with us. If your present relationship with us terminates (that is, if you become a former customer), your request will continue to apply to information we have collected while you were our customer until you revoke it in writing. If there is more than one named insured (any named insured can request that we not share information), the request will apply to all named insureds on the policy. We will process your opt-out request as soon as reasonably practicable after we receive it. If you choose this opt-out option, please understand that we may not be able to provide the best and fastest service for you or be able to advise you of products and services that may be available. In addition, we do not disclose nonpublic, personal information about former customers except as permitted by law. State Auto seeks to maintain the confidentiality of your nonpublic, personal information. State Auto intends for its employees to access customers' and consumers' nonpublic, personal information only in the course of their servicing our products. We notify each employee of our strict employment policy against any employee accessing nonpublic, personal information for any reasons other than to fulfill their job requirements or as permitted by law. All employees are also required to report to their supervisor any unauthorized use of customers' and consumers' nonpublic, personal information of which any employee becomes aware, so that the matter may be investigated and appropriate disciplinary action taken. POLICY NUMBER FIRA 0008827 05 Named Insured(s): Print Name(s) F] I prefer that State Auto not share any of my personal information with any of its affiliated companies. ? I wish to change my information-sharing preference and allow State Auto to share my personal information with any of its affiliated companies. Please mail this election to: State Auto Insurance Companies Attention: Information Privacy Practices Contact 518 East Broad Street Columbus, Ohio 43215 AU303 (06109) Page 2 of 2 •//•AU303-200906 CHAM000013 MOBNLOGO HPA 0008827 05 20100228 WFS CHAM HP ' R 37DUNN0006819 017013 Personal Insurance Policy Insuwce Companies AUTO HOME BUSINESS MK 466-0608 •//•YK486-200808 CHAM000014 MOBNLOGO HPA 0008827 05 20100228 WFS CHAM HP a R 37DUNN0006819 017013 BY THE WAY. . . • State Auto offers insurance products to protect your auto, home, condo, apartment, townhouse, boat, farm, personal umbrella liability and business. • Do you know what to do if you are involved in an auto accident? Ask your State Auto agent about our complimentary claims information packet or a helpful step by step brochure. • State Auto claims service has been top-ranked by a leading consumer publication. • State Auto has been rated A+ (Superior) by A.M. Best every year since 1954. PAYING YOUR POLICY PREMIUM IS EASY AND CONVENIENT WITH SEVERAL OPTIONS: • Pay online at www.stateauto.com (by credit/debit card or check) • Pay by Electronic Funds Transfer (EFT) • Pay by check, with multiple payment plans available • Pay by phone Contact your State Auto agent for full detaiis on the discounts and coverages avaiiabie and or log on to www.stateauto.com for more information on all our insurance products. •//•MK466-200808 azaizziie ,t;aa:u a_ CHAM000015 MOBDEC08 HPA 0008827 05 20100228 WFS CRAM HP *R 37DUNN0006819 017013 STATE AVT`0® RENEWAL DECLARATIONS HOMEOWNERS POLICY Insurance Companies THIS DECLARATIONS PAGE WITH POLICY FORMS AND ENDORSEMENTS COMPLETES THE POLICY. THIS POLICY WILL CONTINUE IN FORCE FOR THE PERIOD INDICATED UPON VALID PAYMENT OF THE PREMIUM, WHEN DUE. POLICY NUMBER POLICY PERIOD COVERAGE IS PROVIDED IN AGENCY PROD FROM TO THE FOLLOWING COMPANY HPA 0008827 03/30/10 03/30/11 STATE AUTO PROP. & CAS. 6819 00 NAMED INSURED AND ADDRESS AGENT VINCENT L & HEATHER E CHAMPION R T DUNN INSURANCE INC 226 W SOUTH STREET 200 W MAIN ST CARLISLE PA 17013 MECHANICSBURG PA 17055 TELEPHONE 717/766-0770 THE PREMISES COVERED BY THIS POLICY IS LOCATED AT THE ABOVE ADDRESS. RATING INFORMATION- FORM 3 MASONRY, CONSTRUCTED IN 1850, DEFENDER, PRIMARY RESIDENCE, PROTLCTION CLASS 6, TERRITORY 033, FEET FROM HYDRANT 1000, FIRE STATION 3 MILES, $250 SECTION I LOSS DEDUCTIBLE, 1 FAMILY, INSIDE CITY. DUE TO REPAIR AND REPLACEMENT COST INCREASES, SECTION I COVERAGES HAVE BEEN INCREASED BY 3.6% COVERAGE AT THE ABOVE DESCRIBED LOCATION IS PROVIDED ONLY WHERE A LIMIT OF LIABILITY IS SHOWN OR A PREMIUM IS STATED SECTION I COVERAGE LIMIT OF LIABILITY PREMIUMS A. DWELLING $311,400 $477.00 B. OTHER STRUCTURES $31,140 C. PERSONAL PROPERTY $217,980 D. LOSS OF USE $93,420 SECTION I I COVERAGE E. PERSONAL LIABILITY $300,000 EACH OCCURRENCE F. MEDICAL PAY. TO OTHERS - $1,000 EACH PERSON $17.00 TOTAL BASIC PREMIUM - - - - - - - - - - - - - $494.00 ADDITIONAL PREMIUMS SPECIAL COMPUTER COVERAGE 15.00 VOLUNTEER WRONGFUL ACTS 35.00 1 SCHED PERSONAL PROPERTY END (WITH AGREED VALUE LOSS SETTLEMENT) 70.00 TOTAL ADDITIONAL PREMIUMS - - - - - - - - - - - - - $120.00 TOTAL FULL TERM PREMIUM - - - - - - - - - - - - - $614.00 LOSS EXPERIENCE RATING PLAN DISCOUNT 29% *** YOUR HOMEOWNERS POLICY HAS BEEN DISCOUNTED AS SHOWN BELOW: YOU HAVE RECEIVED AN AUTO/HOME DISCOUNT OF $119 ALLHOME CREDIT APPLIES PROTECTIVE DEVICE CREDIT 12% POLICY PERIOD- 12-01 AM STANDARD TIME AT THE RESIDENCE PREMISES. CHAM000016 MOBDEC08 HPA 0008827 05 20100228 WFS CHAM HP 'R 37DUNNO006819 017013 /,,' STATE AVTO® RENEWAL DECLARATIONS ?`1-? Insurance Companies HOMEOWNERS POLICY THIS DECLARATIONS PAGE WITH POLICY FORMS AND ENDORSEMENTS COMPLETES THE POLICY. THIS POLICY WILL CONTINUE IN FORCE FOR THE PERIOD INDICATED UPON VALID PAYMENT OF THE PREMIUM, WHEN DUE. POLICY NUMBER POLICY PERIOD COVERAGE IS PROVIDED IN AGENCY PROD FROM TO THE FOLLOWING COMPANY 1 HPA 0008827 03/30/10 03/30/11 STATE AUTO PROP. & CAS. 6819 00 NAMED INSURED AND ADDRESS AGENT VINCENT L & HEATHER E CHAMPION R T DUNN INSURANCE INC 226 W SOUTH STREET 200 W MAIN ST CARLISLE PA 17013 MECHANICSBURG PA 17055 TELEPHONE 717/766-0770 MORTGAGEE SECOND MORTGAGEE ITS SUCCESSORS WOR ASSIGNS ITS SUCCESSORS WOR ASSIGNS ORRSTOWN BANK LN# 0770499369 2695 PHILADELPHIA AVE CITIMORTGAGE INC CHAMBERSBURG, PA PO BOX 7706 17201 SPRINGFIELD, OH 45501 FORMS AND ENDORSEMENTS - H00003 05/01 H00455 03/03, F1189 10/00, F1256PA 03/08, H00137 06107, H00427 04/02, F1122PA 12/07, F12073 02/06, H01610 01/09, H00416 10/00, F1270PA 10/00, H00414 10/00, F1260 10100, F1460 10/00, H00496 10/00. t * YOU CAN REALIZE SIGNIFICANT PREMIUM REDUCTIONS BY INCREASING THE DEDUCTIBLE AMOUNT ON YOUR POLICY. CONTACT YOUR AGENT FOR SPECIFIC DETAILS." NO SIGNATURE REQUIRED 02/28110 --------------------- DATE CHAM000017 MOBDEC08 HPA 0008827 05 20100228 WFS CHAM HP 'R 37DUNN0006819 017013 X STATE AVTO® RENEWAL DECLARATIONS Insurance Companies HOMEOWNERS POLICY THIS DECLARATIONS PAGE WITH POLICY FORMS AND ENDORSEMENTS COMPLETES THE POLICY. THIS POLICY WILL CONTINUE IN FORCE FOR THE PERIOD INDICATED UPON VALID PAYMENT OF THE PREMIUM. WHEN DUE. POLICY NUMBER POLICY PERIOD COVERAGE IS PROVIDED IN AGENCY PROD FROM TO THE FOLLOWING COMPANY HPA 0008827 03/30/10 03/30/11 STATE AUTO PROP. & CAS. 6819 00 NAMED INSURED AND ADDRESS AGENT VINCENT L & HEATHER E CHAMPION R T DUNN INSURANCE INC 226 W SOUTH STREET 200 W MAIN ST CARLISLE PA 17013 MECHANICSBURG PA 17055 TELEPHONE 7171766-0770 DESCRIPTION OF ADDITIONAL COVERAGES/CREDITS/DEDUCTIBLES $250 SECTION I LOSS DEDUCTIBLE APPLIES. THIS SECTION I DEDUCTIBLE DOES NOT REPLACE OVERRIDE NOR WAIVE ANY PERIL OR COVERAGE SPECIFIC HOMEOWNERS DEDUCTIBLE. SEE ADDITIONAL COVERAGE ENDORSEMENT(S) FOR COVERAGE DEDUCTIBLES. PROTECTIVE DEVICE DESCRIPTIONS CENTRAL FIRE ALARM SYSTEM. CENTRAL STATION BURGLARY ALARM SYSTEM. BURGLARY WOR FIRE LOCAL ALARM SYSTEM INCL UL APPVD SMOKE DETECTOR DEVICES. SPECIAL COMPUTER COVERAGE VOLUNTEER WRONGFUL ACTS COVERAGE SCHEDULED JEWELRY AGREED VALUE 01 AMOUNT OF LIABILITY IS $ 4902. LADIES 14K GLD DIAM RNG & BAND W/ 1 DIAM .60CTS, VS-2-I. DIAM MELEE 17 DIAM .48CTS, VS-2, H-1 02 AMOUNT OF LIABILITY IS $ 477. LADIES 18K WHITE GOLD DIAM FILIGREE RING .07CTS, S1-2, J 03, AMOUNT OF LIABILITY IS $ 1166. LADIES CULTURED PEARL 20" NECKLACE. NO. 109, SIZE 31/2MM-51/2MM, LIG HT CREAM/ROSE LUSTER MEDIUM MATCH-VERY GOOD CHAM000018 /! STATE AUTO®" "GUC N"MlFR X41 Insurance Companies S.u .?Y?'c.:S?u k".:;f4Ht..!?_ .: ..& ..: ? S. ..:F:&i;Ar. .+ .a':3.5O.ffi'.1?K".'Ca.%r.iiR#`.,?tG3f?x?!, 7.,_,;:w`"+4"?!?aY.:*:X5?.Y .,., n:., .?;?!!'c?Slrrti5:..?.. Y-.•'.r 91.,_....t?: HOMEOWNERS 3 - SPECIAL FORM AGREEMENT We will provide the insurance described in this policy in return for the premium and compliance with all applicable provisions of this policy. DEFINITIONS A. 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. B. In addition, certain words and phrases are defined as follows: 1. 'Aircraft Liability", 'Hovercraft Liability', 'Motor Vehicle Liability' and 'Watercraft Liability", subject to the provisions in b. below, mean the following: a. Liability for "bodily injury' or 'property damage" arising out of the: (1) Ownership of such vehicle or craft by an "insured'; (2) Maintenance, occupancy, operation, use, loading or unloading of such vehicle or craft by any person; (3) Entrustment of such vehicle or craft by an "insured" to any person; (4) Failure to supervise or negligent supervision of any person involving such vehicle or craft by an "insured"; or (5) Vicarious liability, whether or not imposed by law, for the actions of a child or minor involving such vehicle or craft. b. For the purpose of this definition: (1) Aircraft means any contrivance used or designed for flight except model or hobby aircraft not used or designed to carry people or cargo; (2) Hovercraft means a self-propelled motorized ground effect vehicle and includes, but is not limited to, flarecraft and air cushion vehicles; (3) Watercraft means a craft principally designed to be propelled on or in water by wind, engine power or electric motor, and (4) Motor vehicle means a "motor vehicle" as defined in 7. below. 2. "Bodily injury" means bodily ham, sickness or disease, including required care, loss of services and death that results. "s. 'Business" means: a. A trade, profession or occupation engaged in on a full-time, part-time or occasional basis; or b. Any other activity engaged in for money H00003 05/01) Page 1 of 20 //-H00003-200105 or other compensation, except the following: (1) One or more activities, not described in (2) through (4) below, for which no "insured" receives more than $2,000 in total compensation for the 12 months before the beginning of the policy period; (2) Volunteer activities for which no money is received other than payment for expenses incurred to perform the activity; (3) Providing home day care services for which no compensation is received, other than the mutual exchange of such services; or (4) The rendering of home day care services to a relative of an "insured". 4. "Employee" means an employee of an "insured", or an employee leased to an "insured" by a labor leasing firm under an agreement between an "insured" and the labor leasing firm, whose duties are other than those performed by a 'residence employee". 5. "Insured" means: a. You and residents of your household who are: (1) Your relatives; or (2) Other persons under the age of 21 and in the care of any person named above; b. A student enrolled in school full time, as defined by the school, who was a resident of your household before moving out to attend school, provided the student is under the age of: (1) 24 and your relative; or (2) 21 and in your care or the rare of a person described in a.(1) above; or c. Under Section ll: (1) With respect to animals or watercraft to which this policy applies, any person or organization legally responsible for these animals or watercraft which are owned by you or any person included in a. or b. above. "Insured" does not mean 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; or (2) With respect to a "motor vehicle" a ISO Propertles, Inc., 2000 CHAM000019 /! STATE AUTW .. Insurance Companies ?? pulp _u"Xi3+His..",_Jx.. w...0 ,. to which this policy applies: (a) Persons while engaged in your employ or that of any person included in a. or b. above; or (b) Other persons using the vehicle on an 'insured location" with your consent. Under both Sections I and 11, when the word an immediately precedes the word "insured", the words an 'insured' together mean one or more "insureds". 6. "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; c. Any premises used by you in connection with a premises described in a. and 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 "insured"; If. Land owned by or rented to an "insured" on which a one, two, three or four family dwelling is being built as a residence for an "insured"; g. Individual or family cemetery plots or burial vaults of an "insured"; or K Any part of a promises occasionally rented to an "insured' for other than "business" use. 7. "Motor vehicle" means: a. A self-propelled land or amphibious vehicle; or b. Any trailer or semitrailer which is being carried on, towed by or hitched for towing by a vehicle described in a. above. 8. "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". 9. 'Property damage' means physical injury to, destruction of, or loss of use of tangible property. 10. "Residence employee" means: a. An employee of an "insured or an employee leased to an "insured" by a labor leasing firm, under an agreement between an "insured" and the labor leasing firm, 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 'business' of an "insured". A "residence employee" does not include a temporary employee who is furnished to an "insured" to substitute for a permanent "residence employee" on leave or to meet seasonal or short-term workload conditions. 11. "Residence premises" means: a. The one family dwelling where you reside; b. The two, three or four family dwelling where you reside in at least one of the family units; or c. That part of any other building where you reside; and which is shown as the 'residence premises' in the Declarations. "Residence premises' also includes other structures and grounds at that location. DEDUCTIBLE Unless otherwise noted in this policy, the following deductible provision applies: Subject to the policy limits that apply, we will pay only that part of the total of all loss payable under Section I that exceeds the deductible amount shown in the Declarations. SECTION I - PROPERTY COVERAGES A. Coverage A - Dwelling 1, We cover: a. The dwelling on the "residence premises" shown in the Declarations, including structures attached to the dwelling; and b. 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'. 2. We do not cover land, including land on which the dwelling is located. B. Coverage B - Other Structures 1. We cover other structures on the "residence premises" set apart from the dwelling by clear space. This includes structures connected to the dwelling by only a fence, utility line, or similar connection. 2. We do not cover: a. Land, including land on which the other structures are located; b. Other structures rented or held for rental H00003 05101) Page 2 of 20 +//"H00003-2 0105 ® ISO Properties, Inc., 2000 CHAM000020 STATE AVTQ® Insurance Companies to any person not a tenant of the notes other than bank notes, manuscripts, dwelling, unless used solely as a private personal records, passports, tickets and garage; stamps. This dollar limit applies to c. Other structures from which any these categories regardless of the 'business' is conducted; or medium (such as paper or computer d. Other structures used to store "business" software) on which the material exists. property. However, we do cover a This limit includes the cost to research, structure that contains "business" replace or restore the information from property solely owned by an "insured" the lost or damaged material. or a tenant of the dwelling provided that c. $1,500 on watercraft of all types, "business" property does not include including their trailers, furnishings, gaseous or liquid fuel, other than fuel in equipment and outboard engines or a permanently installed fuel tank of a motors. vehicle or craft parked or stored in the d. $1,500 on trailers or semitrailers not structure. used with watercraft of all types. 3. The limit of liability for this coverage will e. $1,500 for loss by theft of jewelry, not be more than 10% of the limit of watches, furs, precious and semiprecious liability that applies to Coverage A. Use of stones. this coverage does not reduce the Coverage f. $2,500 for loss by theft of firearms and A limit of liability. related equipment. Coverage C - Personal Property g. $2,500 for loss by theft of silverware, 1. Covered Property silver-plated ware, goldware, gold-plated We cower personal property owned or used ware, platinumware, platinum-plated by an "insured" while it is anywhere in the ware and pewterware. This includes world. After a loss and at your request, we flatware, hollowware, tea sets, trays and will cover personal property owned by: trophies made of or including silver, a. Others while the property is on the part gold or pewter. of the "residence premises" occupied by h. $2,500 on property, on the "residence an "insured"; or premises', used primarily for "business" b. A guest or a "residence employee", purposes. while the property is in any residence i. $500 on property, away from the occupied by an 'insured". 'residence premises", used primarily for 2. Limits For Property At Other "business" purposes. However, this limit Residences does not apply to loss to electronic Our limit of liability for personal property apparatus and other property described in usually located at an "?nsured's" residence, Categories j. and k. below. other than the "residence premises", is 10% j. $1,500 on electronic apparatus and of the limit of liability for (overage C, or accessories, while in or upon a "motor $1,000, whichever is greater. However, this vehicle", but only if the apparatus is limitation does not apply to personal equipped to be operated by power from property: the "motor vehicle's" electrical system a. Moved from the "residence premises" while still capable of being operated by because it is being repaired, renovated other power sources. or rebuilt and is not fit to live in or Accessories include antennas, tapes, store property in; or wires, records, discs or other media that b. In a newly acquired principal residence can be used with any apparatus for 30 days from the time you begin to described in this Category j. move the property there. k. $1,500 on electronic apparatus and 3. Special Limits Of Liability accessories used primarily for "business" The special limit for each category shown while away from the "residence below is the total limit for each loss for premises" and not in or upon a "motor all property in that category. These special vehicle". The apparatus must be equipped limits do not increase the Coverage C limit to be operated by power from the of liability. "motor vehicle's" electrical system a. $200 on money, bank notes, bullion, gold while still capable of being operated by other than goldware, silver other than other power sources. silverware, platinum other than Accessories include antennas, tapes, platinumware, coins, medals, scrip, wires, records, discs or other media that stored value cards and smart cards. can be used with any apparatus b. $1,500 on securities, accounts, deeds, described in this Category k. evidences of debt, letters of credit, H00003 (05101) Page 3 of 20 •//•H00003-200105 0 ISO Properties, Inc., 2000 CHAM000021 me STATE AUTW Insurance Companies 4, Property Not Covered We do not cover a. Articles separately described and specifically insured, regardless of the limit for which they are insured, in this or other insurance; b. Animals, birds or fish; c. "Motor vehicles". (1) This includes: (a) Their accessories, equipment and parts; or (b) Electronic apparatus and accessories designed to be operated solely by power from the electrical system of the "motor vehicle". Accessories include antennas, tapes, wires, records, discs or other media that can be used with any apparatus described above. The exclusion of property described in (a) and (b) above applies only while such property is in or upon the "motor vehicle'. (2) We do cover "motor vehicles" not required to be registered for use on public roads or property which are: (a) Used solely to service an "insured's" residence; or (b) Designed to assist the handicapped; d. Aircraft meaning any contrivance used or designed for flight including any parts whether or not attached td the aircraft. We do cover model or hobby aircraft not used or designed to carry people or cargo; e. Hovercraft and parts. Hovercraft means a self-propelled motorized ground effect vehicle and includes, but is not limited to, flarecraft and air cushion vehicles; f. Property of roomers, boarders and other tenants, except property of roomers and boarders related to an "insured"; g. Property in an apartment regularly rented or held for rental to others by an "insured", except as provided in E.10. Landlord's Furnishings under Section I - Property Coverages; h. Property rented or held for rental to others off the "residence premises"; "Business" data, including such data stored in: (1) Rooks of account, drawings or other paper records; or (2) Computers and related equipment. We do cover the cost of blank recording or storage media, and of prerecorded computer programs available on the retail market; j. Credit cards, electronic fund transfer cards or access devices used solely for deposit, withdrawal or transfer of funds except as provided in E.6. Credit Card, Electronic Fund Transfer Card Or Access Device, Forgery And Counterfeit Money under Section I - Property Coverages; or k. Water or steam, D. Coverage D - Loss Of Use The limit of liability for Coverage D is the total limit for the coverages in 1. Additional Living Expense, 2. Fair Rental Value and 3. Civil Authority Prohibits Use below. 1. Additional Living Expense If a loss covered under Section I makes that part of the 'residence premises" where you reside not fit to live in, we cover 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 elsewhere. 2. Fair Rental Value If a loss covered under Section I makes that part of the "residence premises" rented to others or held for rental by you not fit to live in, we cover the fair rental value of such premises less any expenses that do not continue while it is not fit to live in. Payment will be for the shortest time required to repair or replace such premises. 3. Civil Authority Prohibits Use If a civil authority prohibits you from use of the "residence premises" as a result of direct damage to neighboring premises by a Peril Insured Against, we cover the loss as provided in 1. Additional Living Expense and 2. Fair Rental Value above for no more than two weeks. 4. Loss Or Expense Not Covered We do not cover loss or expense due to cancellation of a lease or agreement. The periods of time under 1. Additional Living Expense, 2. Fair Rental Value and 3. Civil Authority Prohibits Use above are not limited by expiration of this policy. E. Additional Coverages 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 H00003 05/01) Page 4 of 20 "//•H00003-2 0105 a ISO Properties, Inc., 2000 CHAM000022 /,! STATE AU T?° ?`? Insurance Companies d3'XxH..?..,, x_u {r - .7W'. .•' 9!?i. ",, rab2 w!:.-..:..i.::$E liability that applies to the danced b. If the measures taken involve repair to property. If the amount to be paid for other damaged property, we will only the actual damage to the property plus pay if that property is covered under the debris removal expense is more than this policy and the damage is caused by the limit of liability for the damaged a Peril Insured Against. This coverage property, an additional 5% of that limit does not: is available for debris removal expense. (1) Increase the limit of liability that b. Fallen Trees applies to the covered property; or (1) If circumstances of a loss meet (2) Relieve you of you duties, in case those specified in (2) below, we of a loss to covered property, will pay your reasonable expense, up described in 13.4. under Section I - to $1000, for the removal from the Conditions. "residence premises" of: 3. Trees, Shrubs And Other Plants (a) Your frees(s) felled by the peril We cover trees, shrubs, plants or lawns, on of Windstorm Or Hail or Weight the 'residence premises', for loss caused by Of Ice, Snow Or Sleet; or the following Perils Insured Against: (b) A neighbors tree(s) felled by a a. Fire or Lightning; Peril Insured Against under b. Explosion; Coverage C. c. Riot or Civil Commotion; The $1,000 limit is the most we d. Aircraft; will pay in any one loss regardless e. Vehicles not owned or operated by a of the number of fallen trees. No resident of the "residence premises"; more than $500 of this limit will f. Vandalism or Malicious Mischief; or be paid for the removal of any one g. Theft. tree. We will pay up to 5% of the limit of This coverage is additional insurance. liability that applies to the dwelling for all (2) Tree removal coverage as described trees, shrubs, plants or lawns. No more than in b.(1) above applies only if: $500 of this limit will be paid for any one (a) The tree damages a structure tree, shrub or plant. We do not cover covered under this policy; property grown for "business" purposes. (b) Windstorm or Hail or Weight of This coverage is additional insurance. Ice, Snow or Sleet causes 4. Fire Department Service Charge damage to a structure covered We will pay up to $500 for your liability under this policy and the assumed by contract or agreement for fire Pennsylvania Governor declares department charges incurred when the fire the area in which the department is called to save or protect "residence premises" is located covered property from a Peril Insured to be a disaster area as a Against. We do not cover fire department result of such weather service charges if the property is located conditions; or within the limits of the city, municipality or (c) The tree does not damage a protection district furnishing the fire structure covered under the department response. policy, but: This coverage is additional insurance. No (i) Blocks a driveway on the deductible applies to this coverage. "residence premises" which 5. Property Removed prevents a 'motor vehicle", We insure covered property against direct that is registered for use on loss from any cause while being removed public roads or property, from a premises endangered by a Peril from entering or leaving the Insured ?against and for no more than 30 "residence premises"; or days while removed. (it) Blocks a ramp or other This coverage does not change the limit of fixture designed to assist a liability that applies to the property being handicapped person to enter removed. or leave the dwelling 5. Credit Card, Electronic Fund Transfer building. Card Or Access Device, Forgery And 2. Reasonable Repairs Counterfeit Money a. We will pay the reasonable cost a. We will pay up to $500 for: incurred by you for the necessary (1) The legal obligation of an 'insured" measures taken solely to protect covered to pay because of the theft or property that is damaged by a Peril unauthorized use of credit cards Insured Against from further damage. H00003 05101) Page 5 of 20 •//•H00003-2 0105 ® ISO Properties, Inc., 2000 CHAM000023 mX STATE AUTO®. Insurance Companies issued to or registered in an as a result of direct loss to property, "insured's" name; owned by all members collectively, of (2) Loss resulting from theft or the type that would be covered by this unauthorized use of an electronic policy if owned by you, caused by a fund transfer card or access device Peril Insured Against under Coverage A, used for deposit, withdrawal or other than: transfer of funds, issued to or (1) Earthquake; or registered in an "Insured's" name; (2) Land shock waves or tremors before, (3) Loss to an "insured" caused by during or after a volcanic eruption. forgery or alteration of any check or The limit of $1,000 is the most we negotiable instrument; and will pay with respect to any one loss, (4) Loss to an "insured" through regardless of the number of acceptance in good faith of assessments. We will only apply one counterfeit United States or Canadian deductible, per unit, to the total amount paper currency. of any one loss to the property All loss resulting from a series of acts described above, regardless of the committed by any one person or in number of assessments. which any one person is concerned or b. We do not cover assessments charged implicated is considered to be one loss. against you or a corporation or association o property owners by any This coverage is additional insurance. No governmental body. deductible applies to this coverage, c. Paragraph P. Policy Period under Section b. We do not cover: 1 • Conditions does not apply to this (1) Use of a credit card, electronic fund coverage. transfer card or access device: This coverage is additional insurance. (a) By a resident of your household; 8. Collapse (b) By a person who has been a. With respect to this Additional Coverage: entrusted with either type of (1) Collapse means an abrupt falling card or access device; or down or caving in of a building or (c) If an 'insured" has not any part of a !wilding with the complied with all terms and result that the building or part of conditions under which the cards the buiidng cannot be ooc 4*A for are issued or the devices its current intended purpose. accessed; or (2) A !wilding or any part of a building (2) Loss arising out of "business" use that is in danger of falling down or or dishonesty of an "insured". caving in is not considered to be in c. If the coverage in a. above applies, the a state of collapse. following defense provisions also apply: (3) A part of a building that is standing (1) We may investigate and settle any is not considered to be in a state claim or suit that we decide is of collapse even if it has separated appropriate. Our duty to defend a from another part of the building. claim or suit ends when the amount (4) A building or any part of a building we pay for the loss equals our that is standing is not considered to limit of liability. be in a state of collapse even if It (2) If a suit is brought against an shows evidence of cracking, btdging, "insured" for liability under a.(1) or saggun% bending, leaning, settling, (2) above, we will provide a shrinkage or expansion. defense at our expense by counsel b. We insure for direct physical loss to of our choice. covered property involving collapse of a (3) We have the option to defend at our building or any part of a building if the expense an "insured" or an collapse was caused by one or more of "insured's" bank against any suit for the following: the enforcement of payment under (1) The Perils Insured Against named 13) above. under Coverage C; 7. Loss Assessment (2) Decay that is hidden from view, a. We will pay up to $1,000 for your share unless the presence of such decay of loss assessment charged during the is known to an "insured" prior to policy period against you, as owner or collapse; tenant of the "residence premises", by a (3) Insect or vermin damage that is corporation or association of property hidden from view, unless the owners. The assessment must be made presence of such damage is known H00003 (05101) Page 6 of 20 •//"H00003-200105 ® ISO Properties, Inc., 2000 CHAM000024 mr STATE AVTO°" Insurance Companies K:.'YtSSAk!'3S3L?k- *] _.., .?..' t hC. "Mr N2, '?.Cr:.. d.. x F -i7 to an insured" prior to collapse; (4) Weight of contents, equipment, animals or people; (5) Weight of rain which collects on a roof; or (6) Use of defective material or methods in construction, remodeling or renovation if the collapse occurs during the course of the construc- tion, remodeling or renovation. c. Loss to an awning, fence, patio, deck, pavement, swimming pool, underground pipe, flue, drain, cesspool, septic tank foundation, retaining wall, bulkhead, pier wharf or dock is not included under b.(2) through (6) above, unless the loss is a direct result of the collapse of a building or any part of a building. d. This coverage does not increase the limit of liability that applies to the damaged covered property. 9. Glass Or Safety Glazing Material a. We cover: (1) The breakage of glass or safety glazing material which is part of a covered building, storm door or storm window; (2) The breakage of glass or safety glazing material which is part of a covered building, storm door or storm window when caused directly by earth movement; 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 60 consecutive days immediately before the toss, except when the breakage results directly from earth movement as provided in a.(2) above. A dwelling being constructed is not considered vacant. c. This coverage does not increase the limit of liability that applies to the damaged property. 10. Landlord's Furnishings We will pay up to $2,500 for your appliances, carpeting and other household furnishings, in each apartment on the "residence premises" regularly rented or held for rental to others by an "insured", for loss caused by a Peril Insured Against in Coverage C, other than Theft. This limit is the most we will pay in any one loss regardless of the number of appliances, carpeting or other household furnishings involved in the loss. This coverage does not increase the limit of liability applying to the damaged property. 11. Ordinance Or Law a. You may use up to 10% of the limit of liability that applies to Coverage A for the increased costs you incur due to the enforcement of any ordinance or law which requires or regulates: (1) The construction, demolition, remod- eling, renovation 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 undamaged part of a covered building or other structure, when that building or other structure must be totally demolished because of damage by a Peril Insured 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 remodeling, 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, demolition, remodeling, renovation, repair or replacement 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, dean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, pollutants in or on any covered building or other structure. 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, recond- itioned or reclaimed. This coverage is additional insurance. H00003 05101) Page 7 of 20 •H-H00003-2 0105 0 ISO Properties, Inc.. 2000 CHAM000025 /!? STATE AVTO®" .?4J Insurance Companies 12. Grave Markers supplies for use in the construction We will pay up to $5,000 for grave markers, until the dwelling is finished and including mausoleums, on or away from the occupied; "residence premises" for loss caused by a (4) Vandalism and malicious mischief, Peril Insured Against under Coverage C. and any ensuing loss caused by any This coverage does not increase the limits intentional and wrongful act of liability that apply to the damaged committed in the course of the covered property. vandalism or malicious mischief, if the dwelling has been vacant for SECTION I - PERILS INSURED AGAINST more than 60 consecutive days A. Coverage A - Dwelling And Coverage B immediately before the loss. A - Other Structures dwelling being oonstnx ted is not 1. We insure against risk of direct physical considered vacant; loss to property described in Coverages A (5) Mold, fungus or wet rot. However, and B. we do insure for loss caused by 2. We do not insure, however, for loss: mold, fungus or wet rot that is a. Excluded under Section I -Exclusions; hidden within the walls or ceilings b. Involving collapse, except as provided in or beneath the floors or above the E.B.. Collapse under Section 1 -Property ceilings of a structure if such loss Coverages, or results from the accidental discharge c. Caused by: or overflow of water or steam from (1) Freezing of a plumbing, heating, air within: conditioning or automatic fire (a) A plumbing, heating, air condi- protective sprinkler system or of a tioning or automatic fire protec- household appliance, or by discharge, tive sprinkler system, or a leakage or overflow from within the household appliance, on the system or appliance caused by "residence premises"; or freezing. This provision does not (b) A storm drain, or water, steam apply if you have used reasonable or sewer pipes, off the care to: "residence premises". (a) Maintain heat in the building; or For purposes of this provision, a (b) Shut off the water supply and plumbing system or household drain all systems and appliances appliance does not include a sump, of water. sump pump or related equipment or However, if the building is protected a roof drain, gutter, downspout or by an automatic fire protective similar fixtures or equipment; or sprinkler system, you must use (6) Any of the following: reasonable care to continue the (a) Wear and tear, marring, water supply and maintain heat in deterioration; the building for coverage to apply. (b) Mechanical breakdown, latent For purposes of this provision a defect, inherent vice, or any plumbing system or household quality in property that causes it appliance does not include a sump, to damage or destroy itself; sump pump or related equipment or (c) Smog, rust or other corrosion, or a roof drain, gutter, downspout or dry rot; similar fixtures or equipment; (d) Smoke from agricultural smudg- (2) Freezing, thawing, pressure or weight ing or industrial operations; of water or ice, whether driven by (e) Discharge, dispersal, seepage, wind or not, to a migration, release or escape of (a) Fence, pavement, patio or pollutants unless the discharge, swimming pool; dispersal, seepage, migration, (b) Footing, foundation, bulkhead, release or escape is itself wall, or any other structure or caused by a Peril Insured device that supports all or part Against named under Coverage of a building, or other structure; C. (c) Retaining wall or bulkhead that Pollutants means any solid, does not support all or part of liquid, gaseous or thermal a building or other structure; or irritant or contaminant, including (d) Pier, wharf or dock; smoke, vapor, soot, fumes, (3) Theft in or to a dwelling under acids, alkalis, chemicals and construction, or of materials and waste. Waste includes materials M00003 05101) Page 8 of 20 •//•H00003-2 0105 ® ISO Properties, Inc., 2000 CHAM000026 me STATE AVTO® " "aucr xuw?" Insurance Companies to be recycled, reconditioned or reclaimed; (f) Settling, shrinking, bulging or expansion, including resultant cracking, of bulkheads, pave- ments, patios, footings, founda- tions, walls, floors, roofs or ceilings; (g) Birds; vermin, rodents, or insects; or (h) Animals owned or kept by an "insured". Exception To c.(6) Unless the loss is otherwise excluded, we cover loss to property covered under Coverage A or B resulting from an accidental discharge or overflow of water or steam from within a; (1) Storm drain, or water, steam or sewer pipe, off the "residence premises or (ii) Plumbing, heating, air conditioning or automatic fire protective sprinkler system or household appliance on the "residence premises". This includes the cost to tear out and replace any part of a building, or other structure, on the "residence premises", but only when necessary to repair the system or appliance. However, such tear out and replacement coverage only applies to other structures if the water or steam causes actual damage to a building on the "residence prem- ises". We do not cover loss to the system or appliance from which this water or steam escaped. For purposes of this provision, a plumbing system or household appliance does not include a sump, sump pump or related equipment or a roof drain, gutter, down spout or similar fixtures or equipment. Section I - Exclusion A.3. Water Damage, Paragraphs a. and c. that apply to surface water and water below the surface of the grand do not apply to loss by water covered under c.(5) and (6) above. Under 2.11b. and c. above, any ensuing loss to property described in Coverages A and B not precluded by any other provision in this policy is covered. B. Coverage C - Personal Property We insure for direct physical loss to the property described in Coverage C caused by any of the following perils unless the loss is excluded in Section I - Exclusions. 1. Fire Or Lightning 2. Windstorm Or Hail This peril includes loss to watercraft of all types and their trailers, fumishings, equipment, and outboard engines or motors, only while inside a fully enclosed building. 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. 3. Explosion 4. Riot Or Civil Commotion 5. Aircraft This peril includes self-propelled missiles and spacecraft. 6. Vehicles 7. Smoke This peril means sudden and accidental damage from smoke, including the emission or pullback of smoke, soot, fumes or vapors from a boiler, furnace or related equipment. This peril does not include loss caused by smoke from agricultural smudging or industrial operations. 8. Vandalism Or Malicious Mischief 9. Theft a. This peril includes attempted theft and loss of property from a known place when it is likely that the property has been stolen. b. This peril does not include loss caused by theft: (1) Committed by an "insured"; (2) In or to a dwelling under construc- tion, or of materials and supplies for use in the construction until the dwelling is finished and occupied; (3) From that part of a "residence premises" rented by an "insured" to someone other than another "in- sured"; or (4) That occurs off the "residence premises" of: (a) Trailers, semitrailers and camp- ers; (b) Watercraft of all types, and their furnishings, equipment and outboard engines or motors; or (c) 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 an "Insured" who is a student is covered while at the residence the student occupies to attend school as long as the student has been there at arty time during the 60 days immediately before the loss. H00003 05101) Page 9 of 20 •//-H0oo03-2 olo5 a ISO Properties, Inc., 2000 CHAM000027 STATE AVTO®"?, nuN"fN Insurance Companies 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 is first damaged by a falling object, Damage to the falling object itself is not included. 11. Weight Of Ice, Snow Or Sleet This peril means weight of ice, snow or sleet which causes damage to property contained in a building. 12. Accidental Discharge Or Overflow Of Water Or Steam a. This peril means 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. b. 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 provided in Peril Insured Against 14. Freezing; (3) On the "residence premises" caused by accidental discharge or overflow which occurs off the "residence premises"; or (4) Caused by mold, fungus or wet rot unless hidden within the walls or ceilings or beneath the floors or above the ceilings of a structure. c. In this peril, a plumbing system or household appliance does not include a sump, sump pump or related equipment or a roof drain, gutter, downspout or similar fixtures or equipment d. Section I - Exclusion A.3. Water Damage, Paragraphs a. and c. that apply to surface water and water below the surface of the ground do not apply to loss by water covered under this peril. 13. Sudden And Accidental Tearing Apart, Cracking, Burning Or Bulging This peril means sudden and accidental tearing apart, cracking, buming 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 a. This peril means freezing of a plumbing, heating, air conditioning or automatic fire protective sprinkler system or of a household appliance but only if you have used reasonable care to: (1) Maintain heat in the building; or (2) Shut off the water supply and drain all systems and appliances of water. However, if the building is protected by an automatic fire protective sprinkler system, you must use reasonable care to continue the water supply and maintain heat in the building for coverage to apply. b. In this peril, a plumbing system or household appliance does not include a sump, sump pump or related equipment or a roof drain, gutter, downspout or similar fixtures or equipment. 15. Sudden And Accidental Damage From Artificially Generated Electrical Current This peril does not include loss to tubes, transistors, electronic components or circuitry that are a part of appliances, fixtures, computers, home entertainment units or other types of electronic apparatus. 16. Volcanic Eruption This peril does not include loss caused by earthquake, land shock waves or tremors. SECTION I - EXCLUSIONS A. 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. These exclusions apply whether or not the loss event results in widespread damage or affects a substantial area. 1. Ordinance Or Law Ordinance Or Law means any ordinance or law: a. Requiring or regulating the construction, demolition, remodeling, renovation or repair of property, including removal of any resulting debris. This Exclusion A.1.a. does not apply to the amount of coverage that may be provided for in E.11. Ordnance Cr Law under Section 1 - Property Coverages; 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 A.I. applies whether or not the property has been physically damaged. 2. Earth Movement Earth Movement means: a. Earthquake; including land shock waves or tremors before, during or after a volcanic eruption; H00003 05101) Page 10 of 20 •//"H00003-2 0105 ® ISO Properties, Inc., 2000 CHAM000028 me STATE AVTO® ' onicv "uueea Insurance Companies b. Landslide, mudslide or mudflow; of any act an "insured" commits or c. Subsidence or sinkhole; or conspires to commit with the intent to d. Any other earth movement including cause a loss. earth sinking, rising or shifting; In the event of such loss, no "insured" is caused by or resulting from human or animal entitled to coverage, even "Insureds" who forces or any act of nature unless direct did not commit or conspire to commit the loss by fire or explosion ensues and then act causing the loss. we will pay only for the ensuing loss. 9. Governmental Action This Exclusion A.2. does not apply to loss Governmental Action means the destruction, by theft confiscation or seizure of property described 3. Water Damage in Coverage A, B or C by order of arry Water Damage means: governmental or public authority. a. Flood, surface water, waves, tidal water, This exclusion does not apply to such acts overflow of a body of water, or spray ordered by any governmental or public from any of these, whether or not authority that are taken at the time of a driven by wind; fire to prevent its spread, if the loss caused b. Water or water-borne material which by fire would be covered under this policy. backs up through sewers or drains or B. We do not insure for loss to property described which overflows or is discharged from a in Coverages A and B caused by any of the sump, sump pump or related equipment; following. However, any ensuing loss to property or described in Coverages A and B not precluded c. Water or water-borne material below by any other provision in this policy is covered. the surface of the ground, including 1. Weather conditions. However, this exclusion water which exerts pressure on or seeps only applies if weather conditions contribute or leaks through a building, sidewalk, in any way with a cause or event excluded driveway, foundation, swimming pool or in A. above to produce the loss. other structure; 2. Acts or decisions, including the failure to caused by or resulting from human or animal act or decide, of any person, group, organ- forces or any act of nature. ization or governmental body. Direct loss by fire, explosion or theft 3. Faulty, inadequate or defective: resulting from water damage is covered. a. Planning, zoning, development, surveying, 4. Power Failure siting; Power Failure means the failure of power or b. Design, specifications, workirranship, re- other utility service if the failure takes pair, construction, renovation, remodeling, place off the "residence premises". But if grading, compaction; the failure results in a loss, from a Peril c. Materials used in repair, construction, Insured Against on the "residence premises", renovation or remodeling; or we will pay for the loss caused by that d. Maintenance; peril. of part or all of any property whether on or 5. Neglect off the "residence premises". Neglect means neglect of an "insured" to use all reasonable means to save and SECTION I - CONDITIONS preserve property at and after the time of a A. Insurable Interest And Limit Of Liability loss. Even if more than one person has an insurable 6. War interest in the property covered, we will not be War includes the following and any cones- liable in any one loss: quence of arty of the following: 1. To an "insured" for more than the amount a. Undeclared war, civil war, insurrection, of such "insured's" interest at the time of rebellion or revolution; loss; or b. Warlike act by a military force or 2. Fa more than the applicable limit of military personnel; or liability. c. Destruction, seizure or use for a military B. Duties After Loss purpose. In case of a loss to covered property, we have Discharge of a nuclear weapon will be no duty to provide coverage under this policy if deemed a warlike act even if accidental. the failure to comply with the following duties 7. Nuclear Hazard is prejudicial to us. These duties must be This Exclusion A.7. pertains to Nuclear per onmed either by you, an 'insured" seeking Hazard to the extent set forth in M. Nuclear coverage, or a representative of either: Hazard Clause under Section I - Conditions. 1. Give prompt notice to us or our agent; 8. Intentional Loss 2. Notify the police in case of loss by theft; Intentional Loss means any loss arising out 3. Notify the credit card or electronic fund transfer card or access device company in H00003 05/01) Page 11 of 20 ?//"H00003-2 0105 ® ISO Properties, Inc., 2000 CHAM000029 ?`3 Insurance Companies .:»; ... ,. -.. ,,, ..?1 ? ;?:?• 'riot :x ? =?a;. :•n;? ?r;..?r; :sz?sz... ?!t ?Y case of loss as provided for in E6. Credit Card, Electronic Fund Transfer Card Or Access Device, Forgery And Counterfeit Money under Section I - Property Coverages; 4. Protect the property from further damage. If repairs to the property are required, you must: a. Make reasonable and necessary repairs to protect the property; and b. Keep an accurate record of repair expenses; 5. Cooperate with us in the investigation of a claim; 6. 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; 7. As often as we reasonably require: a. Show the damaged property; b. Provide us with records and documents we request and permit us to make copies; and c. Submit to examination under oath, while not in the presence of another "insured', and sign the same; 8. Send to us, within 60 days after our request, your signed, sworn proof of loss which sets forth, to the best of your knowledge and belief: a. The time and cause of loss; b. The interests of all "insureds" and all others in the property involved and all liens on the property, c. Other insurance which may cover the loss; d. Changes in title or occupancy of the property during the term of the policy; e. Specifications of damaged buildings and detailed repair estimates; f. The inventory of damaged personal property described in 6. above; g. Receipts for additional living expenses incurred and records that support the fair rental value loss; and In. Evidence or affidavit that supports a claim under E.6. Credit Card, Electronic Fund Transfer Card Or Access Device, Forgery And Counterfeit Money under Section 1 - Property Coverages, stating the amount and cause of loss. C. Loss Settlement In this Condition C., the terms "cost to repair or replace" and "replacement cost" do not include the increased costs incurred to comply with the enforcement of any ordinance or law, except to the extent that coverage for these increased costs is provided in E.11. Ordinance Or Law under Section I - Property Coverages. Covered property losses are settled as follows: 1. Property of the following types: a. Personal property; b. Awnings, carpeting, household appliances, outdoor antennas and outdoor equipment, whether or not attached to buildings; c. Structures that are not buildings; and d. Grave markers, including mausoleums; at actual cash value at the time of loss but not more than the amount required to repair or replace. 2. Buildings covered under Coverage A or B at replacement cost without deduction for depreciation, subject to the following: a. 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 immediately before the loss, we will pay the cost to repair or replace, after application of any deductible and without deduction for depreciation, but not more than the least of the following amounts: (1) The limit of liability under this policy that applies to the building; (2) The replacement cost of that part of the building damaged with material of like kind and quality and for like use; or (3) The necessary amount actually spent to repair or replace the damaged building. If the building is rebuilt at a new premises, the cost described in (2) above is limited to the cost which would have been incurred if the building had been built at the original premises. b. 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 immediately 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: (1) The actual cash value of that part of the building damaged; or (2) That proportion of the cost to repair or replace, after application of any deductible and without deduction for depreciation, that part of the building damaged, which the total amount of insurance in this policy on the damaged building hears to 80% of the replacement cost of the building. c. 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: H00003 (05101) Page 12 of 20 //"H00003-200105 ® ISO Properties, Inc., 2000 CHAM000030 eSTATEAUIW* Insurance Companies D. E. (1) Excavations, footings, foundations, piers, or any other structures or devices that support all or part of the building, which are below the undersurface of the lowest basement floor; (2) Those supports described in (1) above which are below the surface of the ground inside the foundation walls, if there is no basement; and (3) Underground flues, pipes, wiring and drains. d. 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 complete, we will settle the loss as noted in 2.a. and b. above. However, if the cost to repair or replace the damage is both: (1) Less than 5% of the amount of insurance in this policy on the building; and (2) Less than $2,500; we will settle the loss as noted in 2.a. and b. above whether or not actual re- pair or replacement is complete. e. You may disregard the replacement cost loss settlement provisions and make claim under this policy for loss to buildings on an. actual cash value basis. You may then make claim for any additional liability according to the provisions of this Condition C. Loss Settlement, provided you notify us of your intent to do so within 180 days after the date of loss. Loss To A Pair Or Set In case of loss to a pair or set we may elect to: 1. Repair or replace any part to restore the pair or set to its value before the loss; or 2. Pay the difference between actual cash value of the property before and after the loss. 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 and impartial 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. H00003 (05101) Page 13 of 20 *//•H00003-200105 Each party will: 1. Pay its own appraiser; and 2. Bear the other expenses of the appraisal and umpire equally. F. Other Insurance And Service Agreement If a loss covered by this policy is also covered by: 1. 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; or 2. A service agreement, this insurance is excess over any amounts payable under any such agreement Service agreement means a service plan, property restoration plan, home warranty or other similar service warranty agreement, even if it is characterized as insurance. G. Suit Against Us No action can be brought against us unless there has been full compliance with all of the terms under Section I of this policy and the action is started within two years after the date of loss. H. Our Option We may repair or replace any part of the damaged property with material or property of like kind and quality if we give you written notice of our intention to do so within 15 working days after we receive your signed, sworn proof of loss. 1. 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 1. Reach an agreement with you; 2. There is an entry of a final judgment; or 3. There is a filing of an appraisal award with us. J. Abandonment Of Property We need not accept any property abandoned by an "insured". K. Mortgage Clause 1. 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. 2. 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 aISO Properties, Inc., 2000 CHAM000031 1K ESTATE Companies L. M. N. 0 c. Submits a signed, swom statement of loss within 60 days after receiving notice from us of your failure to do so. Paragraphs E. Appraisal, G. Suit Against Us and I. Loss Payment under Section I - Conditions also apply to the mortgagee. 3. If we decide to cancel or not to renew this policy, the mortgagee will be notified at least 10 days before the date cancellation or nomenewal takes effect. 4. 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 arry accrued interest. In this evert, we will receive a full assignment and transfer of the mortgage and all securities held as collateral to the mortgage debt 5. Subrogation will not impair the right of the mortgagee to recover the full amount of the mortgagee's claim. No Benefit To Bailee We will not recognize any assignment 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. Nuclear Hazard Clause 1. "Nuclear Hazard" means any nuclear reaction, radiation, or radioactive contamination, all whether controlled or uncontrolled or however caused, or any consequence of any of these. 2. Loss caused by the nuclear hazard will not be considered loss caused by fire, explosion, or smoke, whether these perils are specifically named in or otherwise included within the Perils Insured Against. 3. This policy does not apply under Section to loss caused directly or indirectly by nuclear hazard, except that direct loss by fire resulting from the nuclear hazard is covered. 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. Volcanic Eruption Period One or more volcanic eruptions that occur within a 72 hour period will be considered as one volcanic eruption. H00003 t05/01j Page 14 of 20 "//-H00003-2 0105 P. Policy Period This policy applies only to loss which occurs during the policy period. Q. Concealment Or Fraud We provide coverage to no "insureds" under this policy if, whether before or after a loss, ar "insured" has: 1. Intentionally concealed or misrepresented arty material fact or circumstance; 2. BxtagBd in fraudulent conduct; or 3. Made false statements; relating to this insurance. R. Loss Payable Clause If the Declarations show a loss payee for certain listed insured personal property, the definition of "insured" is changed to include that loss payee with respect to that property. If we decide to cancel or not renew this policy, that loss payee will be notified in writing. SECTION II - LIABILITY COVERAGES A. 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 damage" caused by an "occurrence" to which this coverage applies, we will: 1. Pay up to our limit of liability for the damages for which an "insured" is legally liable. 2. Provide a defense at our expense by counsel of our choice, even if the suit is groundess, false or fraudulent. We may investigate and settle any claim or suit that we decide is appropriate. Our duty to settle or defend ends when our limit of liability for the "occurrence" has been exhausted by payment of a judgment or settlement. B. Coverage F - Medical Payments To Others 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, dental, ambulance, hospital, professional nursing, prosthetic devices. Medical expenses do not include expenses for funeral services. This coverage does not apply to you or regular residents of your household except "residence employees". As to others, this coverage applies only: 1. To a person on the "insured location" with the permission of an "insured"; 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% ® ISO Properties, Inc., 2000 CHAM000032 Jw STATE mAVeTW Insurance -`5.... ! Ikt.... !,v.^#0. .:P4. 4 hFh . ,7;4..., nC .1+4*..4.. .. da°tVV c. Is caused by a "residence employee" in the course of the "residence employ- ee's" employment by an "insured"; or d. Is cued by an animal owned by or in the care of an "insured". SECTION II - EXCLUSIONS A. "Motor Vehicle Liability" 1. Coverages E and F do not apply to any "motor vehicle liability" if, at the time and place of an "occurrence", the involved "motor vehicle": a. Is registered for use on public roads or property, b. Is not registered for use on public roads or property, but such registration is required by a law, or regulation issued by a government agerxy, for it to be used at the place of the "occurrence"; or c. Is being: (1) Operated in, or practicing for, any prearranged or organized race, speed contest or other competition; (2) Rented to others; (3) Used to carry persons or cargo for a charge; or (4) Used for any 'business' purpose except for a motorized golf cart while on a golfing facility. 2. If Exclusion A.1. does not apply, there is still no coverage for "motor vehicle liability" unless the "motor vehicle" is: a. In dead storage on an "insured location"; b. Used solely to service an "insured's" residence; c. Designed to assist the handicapped and, at the time of an "occurrence", it is: (1) Being used to assist a handicapped person; or (2) Parked on an "insured location"; d. Designed for recreational use off public roads and: (1) Not owned by an "insured"; or (2) Owned by an "insured" provided the "occurrence" takes place on an "insured location' as defined in Definitions B. 6.a., b., d., e. or h.; or e. A motorized golf cart that is owned by an "insured", designed to carry up to 4 persons, not built or modified after manufacture to exceed a speed of 25 miles per hour on level ground and, at the time of an "occurrence", is within the legal boundaries of. (1) A golfing facility and is parked or stored there, or being used by an "insured' to: (a) Play the game of golf or for other recreational or leisure activity allowed by the facility; (b) Travel to or from an area where "motor vehicles" or golf carts are parked or stored; or (c) Cross public roads at designated points to access other parts of the golfing facility; or (2) A private residential community, including its public roads upon which a motorized golf cart can legally travel, which is subject to the au- thority of a property owners asso- ciation and contains an 'insured's' residence. B. "Watercraft Liability" 1. Coverages E and F do not apply to any "watercraft liability" if, at the time of an "occurrence", the involved watercraft is being: a. Operated in, or practicing for, any prearranged or organized race, speed contest or other competition. This exclusion does not apply to a sailing vessel or a predicted log cruise; b. Rented to others; c. Used to carry persons or cargo for a charge; or d. Used for any "business" purpose. 2. If Exclusion B.I. does not apply, there is still no coverage for "watercraft liability" unless, at the time of the 'occurrence', the watercraft: a. Is stored; b. Is a sailing vessel, with or without auxiliary power, that is: (1) Less than 26 feet in overall length; or (2) 26 feet or more in overall length and not owned by or rented to an "insured"; or c. Is not a sailing vessel and is powered by: (1) An inboard or in board-outc! rive engine or motor, including those that power a water jet pump, of; (a) 50 horsepower or less and not owned by an "insured"; or (b) More than 50 horsepower and not owned by or rented to an "insured'; or (2) One or more outboard engines or motors with: (a) 25 total horsepower or less; (b) More than 25 horsepower if the outboard engine or motor is not owned by an "insured"(c) More than 25 horsepower if the outboard engine or motor is owned by an "insured" who acquired it during the policy period; or (d) More than 25 horsepower if the outboard engine or motor is H00003 105101) Page 15 of 20 "//-HCOOD3-2 0105 Q ISO Properties, Inc., 2000 CHAM000033 STATE AVTQ Insurance Companies C. D. owned by an "insured" who acquired it before the policy period, but only if: (i) You declare them at policy inception; or (ii) Your intent to insure them is reported to us in writing within 45 days after you acquire them. The coverages in (c) and (d) above apply for the policy period. Horsepower means the maximum power rating assigned to the engine or motor by the manufacturer. "Aircraft Liability" This policy does not cover "aircraft liability". "Hovercraft Liability" This policy does not cover "hovercraft liability'. Coverage E - Personal Liability And Coverage F - Medical Payments To Others Coverages E and F do not apply to the following: 1. Expected Or Intended Injury "Bodily injury" or "property damage" which is expected or intended by an "insured" even if the resulting "bodily injury" or "property damage": a. Is of a different kind, quality or degree than initially expected or intended; or b. Is sustained by a different person, entity, real or personal property, than initially expected or intended. However, this Exclusion E.I. does not apply to "bodily injury" resulting from the use of reasonable force by an "insured" to protect persons or property; 2. "Business" a. "Bodily injury" or "property damage" arising out of or in connection with a "business" conducted from an "insured location" or engaged in by an "insured", whether or not the "business" is owned or operated by an "insured" or employs an "insured". This Exclusion E.2. 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". b. This Exclusion E.2. does not apply to: (1) The rental or holding for rental of an 'insured location"; (a) On an occasional basis if used only as a residence; (b) 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 H0000305/01) Page 16 of 20 -//-H00003-2 105 (c) In part, as an office, school, studio or private garage; and (2) An "insured" under the age of 21 years involved in a part-time or occasional, self-employed "business" with no employees; 3. Professional Services "Bodily injury" or "property damage" arising out of the rendering of or failure to render professional services; 4. "Insured's" Premises Not An "Insured Location" "Bodily injury" or "property damage" arising out of a premises: a. Owned by an "insured"; b. Reriled to an "insured"; or c. Rented to others by an insured"; that is not an "insured location"; 5. War "Bodily injury" or "property damage" used directly or indirectly by war, including the following and any consequence of any of the following: a. Undeclared war, civil war, insurrection, rebellion or revolution; b. Warlike act by a military force or military personnel; or c. Destruction, seizure or use for a military purpose. Discharge of a nuclear weapon will be deemed a warlike act even if accidental; 6. Communicable Disease "Bodily injury" or "property damage" which arises out of the transmission of a communicable disease by an "insured"; 7. Sexual Molestation, Corporal Punishment Or Physical Or Mental Abuse "Bodily injury" or "property damage" arising out of sexual molestation, corporal punishment or physical or mental abi se; or 8. Controlled Substance "Bodily injury" or "property damage" arising out of the use, sale, manufacture, delivery, transfer or possession by any person of a Controlled Substance as defined by the Federal Food and Dug Law at 21 US.C , Sections 811 and 812 Controlled Stthstatces include but are not limited to one, LSD, marijuana and all narcotic dnags. However, this exclusion does not apply to the legitimate use of prescription drugs by a person following the orders of a licensed physician. Exclusions A. "Motor Vehicle Liability", B. "Watercraft Liability', C. "Aircraft Liability", D. "Hovercraft Liability" and EA. "Insured's" Premises Not An "Insured Location" 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 "insured". ® ISO Properties, Inc., 2000 CHAM000034 STATE AUTW Insurance Companies Coverage E - Personal Liability Coverage E does not apply to: 1. Liability: a. For any loss assessment charged against you as a member of an association, corporation or community of property owners, except as provided in D. Loss Assessment under Section It - Additional Coverages; b. Under any contract or agreement entered into by an "insured". However, this exclusion does not apply to written contracts: (1) That directly relate to the owner- ship, maintenance or use of an "insured location"; or (2) Where the liability of others is assumed by you prior to an "occurrence"; unless excluded in a. above or elsewhere in this policy; 2. "Property damage" to property owned by an "insured". This includes costs or expenses incurred by an "insured' or others to repair, replace, enhance, restore or maintain such property to prevent injury to a person or damage to property of others, whether on or away from an "insured location"; 3. "Property damage" to property rented to, occupied or used by or in the care of an "insured". This exclusion does not apply to "property carnage" caused by fire, smoke or explosion; 4. "Bodily injury" to any person eligible to receive any benefits voluntarily provided or required to be provided by an "insured" under any: a. Workers' compensation law; b. Non-occupational disability law; or c. Occupational disease law; 5. "Bodily injury' or "property damage" for which an "insured" under this policy- a. Is also an insured under a nuclear energy liability policy issued by the: (1) Nuclear Energy Liability Insurance Association; (2) Mutual Atomic Energy Liability Underwriters; (3) Nuclear Insurance Association of Canada; or any of their successors; or b. Would be an insured under such a policy but for the exhaustion of its limit of liability; or 6. "Bodily injury" to you or an "insured" as defined under Definitions 5.a. or b. This exdusion also applies to any claim made or suit brought against you or an "insured": a. To repay; or b. Share damages with; another person who may be obligated to pay damages because of "bodily injury" to ar "insured". G. Coverage F - Medical Payments To Others Coverage F does not apply to "bodily injury": 1. To a "residence employee" if the "bodily injury": a. 00ours off the "insured location"; and b. Does not arise out of or in the course of the 'residence employee's" employment by an "insured'; 2. To any person eligible to receive benefits voluntarily provided or required to be provided under any: a. Workers' compensation law; b. Non-occupational disability law; or c. Occupational disease law; 3. From any. a. Nuclear reaction; b. Nuclear radiation; or c. Radioactive contamination; all whether controlled or uncontrolled or however caused; or d. Any consequence of any of these; or 4. To any person, other than a "residence employee" of an "Insured", regularly residing on any part of the "insured location". SECTION II - ADDITIONAL COVERAGES We cover the following in addition to the limits of liability: A. Claim Expenses We pay. 1. Expenses we incur and costs taxed against an "insured" in any suit we defend; 2. Premiums on bonds required in a suit we defend, but not for bond amounts more than the Coverage E limit of liability. We need not apply for or furnish any bond; 3. Reasonable expenses incurred by an. "insured" at our request, including actual loss of earnings (but not loss of other income) up to $250 per day, for assisting us in the investigation or defense of a claim or suit; and 4. Interest on the entire judgment which accrues after entry of the judgment and before we pay or tender, or deposit in court that part of the judgment which does not exceed the limit of liability that applies. 5. Prejudgment interest awarded against an "insured" on that part of the judgment we pay. Any prejudgment interest awarded against an "insured" is subject to the applicable Pennsylvania Rules of Civil Procedtre. B. First Aid Expenses We will pay expenses for first aid to others incurred by an "insured" for "bodily injury' covered under this policy. We will not pay for first aid to an "insured". H00003 05101) Page 17 of 20 «//-H00003-2 0105 ® ISO Properties, Inc., 2000 .CHAM000035 !STATE mAVeTW Insurance Go •._. R w r usa s ., .,,.... 1 . a;.:,_ sa<.a . asss • ?s rce m ,. r?:rw< ^ •,;, C. D. Damage To Property of Others 1. We will pay, at replacement cost, up to $1,000 per "occurrence" for 'property damage' to property of others caused by an "insured". 2. We will not pay for "property damage': a. To the extent of any amount recoverable under Section I; 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, occupancy, operation, use, loading or unloading of aircraft, hovercraft, watercraft or "motor vehicles'. This exclusion e.(3) does not apply to a "motor vehicle' that: (a) Is designed for recreational use off public roads; (b) Is not owned by an insured"; and (c) At the time of the "occurrence" is not required by law, or regulation issued by a government agency, to have been registered for it to be used on public roads or property. Loss Assessment 1. We will pay up to $1,000 for your share of loss assessment charged against you, as owner or tenant of the "residence premises', during the policy period 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 from coverage under Section II - Exclusions; or b. Liability for an act of a director, officer or trustee in the capacity as a director, officer or trustee, provided such person: (1) Is elected by the members of a corporation or association of property owners; and (2) Serves without deriving any income from the exercise of duties which are solely on behalf of a corporation or association of property owners. 2. Paragraph I. Policy Period under Section II . Conditions does not apply to this loss Assessment Coverage. 3. Regardless of the number of assessments, the limit of $1,000 is the most we will pay for loss arising out of: a. One accident, including continuous or repeated exposure to substantially the same general harmful condition; or b. A covered act of a director, officer or trustee. An act involving more than one director, officer or trustee is considered to be a single act. 4. We do not cover assessments charged against you or a corporation or association of property owners by any governmental body. SECTION 11 - CONDITIONS A. Limit Of Liability Our total liability under Coverage E for all damages resulting from any one "occurrence" will not be more than the Coverage E limit of liability 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 any one 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 Coverage F limit of liability shown in the Declarations. B. Severability Of Insurance This insurance applies separately to each "insured". This condition will not increase our limit of liability for any one "occurrence". C. Duties After "Occurrence" In case of an "occurrence", you or another "Insured" will perform the following duties that apply. We have no duty to provide coverage under this policy if your failure to comply with the following duties is prejudicial to us. You will help us by seeing that these duties are performed: 1. Give written notice to us or our agent as soon as is practical, which sets forth: a. The identity of the policy and the "named insured" shown in the Declarations; b. Reasonably available information on the time, place and circumstances of the "occurrence"; and c. Names and addresses of any claimants and witnesses; 2. Cooperate with us in the investigation, settlement or defense of any claim or suit; 3. Promptly forward to us every notice, demand, summons or other process relating to the "occurrence"; 4. At our request, help us: H00003 05/01) Page 18 of 20 •//"H00003-2 0105 ® ISO Properties, Inc., 2000 CHAM000036 J!' STATE AU7V -? Insurance Companies a. To make settlement; b. To enforce any right of contribution or indemnity against any person or organization who may be liable to an "insured"; c. With the conduct of suits and attend hearings and trials; and d. To secure and give evidence and obtain the attendance of witnesses; 5. With respect to C. Damage To Property Of Others under Section 11 - Additional Coverages, submit to us within 60 days after the loss, a sworn statement of loss and show the damaged property, if in an "insured's" control; 6. No "insured' shall, except at such "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". D. Duties Of An Injured Person - Coverage F - Medical Payments To Others 1. 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 obtain copies of medical reports and records. 2. The injured person will submit to a physical exam by a doctor of our choice when and as often as we reasonably require. E. Payment Of Claim - Coverage F - Medical Payments To Others Payment under this coverage is riot an admission of liability by an "insured" or us. F. Suit Against Us 1. No action can be brought against us unless there has been full compliance with all of the terms under this Section II. 2. No one will have the right to join us as a party to any action against an "insured". 3. Also, no action with respect to Coverage E can be brought against us until the obligation of such "insured" has been determined by final judgment or agreement signed by us. G. Bankruptcy Of An "Insured" Bankruptcy or insolvency of an "insured" will not relieve us of our obligations under this policy. H. Other Insurance 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. 1. Policy Period This policy applies only to "bodily injury" or "property damage" which occurs during the policy period. J. Concealment Or Fraud We do not provide coverage to an "insured" who, whether before or after a loss, has: 1. Intentionally concealed or misrepresented any material fact or circumstance; 2. Engaged in fraudulent conduct; or 3. Made false statements; relating to this insurance. H00003 (05101) Page 19 of 20 •//"H00003-200105 SECTIONS I AND II - CONDITIONS A. Liberalization Clause If we make a dwW which broadens 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 falls within 60 days prior to or during the policy period stated in the Declarations. This Liberalization Clause does not apply to changes implemented with a general program revision that includes both broadenings and restrictions in coverage, whether that general program revision is implemented through introduction of: 1. A subsequent edition of this policy; or 2. An amendatory endorsement. B. 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. 0 r request for an appraisal or examination will not waive any of our rights. C. Cancellation 1. 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. 2. We may cancel this policy only for the reasons stated below by notifying the "insured" named in the Declarations 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. a. 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 cancellation takes effect. b. 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 Declarations at least 30 days prior to the proposed cancellation date: (1) This policy was obtained through material misrepresentation, fraudulent statements, omissions or conceal- ment of fact material to the acceptance of the risk or to the hazard assumed by us; ® ISO Properties, Inc., 2000 CHAM000037 STATE AUIV .a,?. """"E" Insurance Companies (2) There has been a substantial change or increase in hazard in the risk assumed by us subsequent to the date the policy was issued; (3) There is a substantial increase in hazard insured against by reason of willful or negligent acts or omissions by the "insured"; (4) 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 (5) For any other reason approved by the Pennsylvania Insurance Commissioner. This provision shall not apply if the 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. 3. When this policy is canceled, the premium for the period from the date of cancellation to the expiration date will be refunded pro rata. 4. If the retum premium is not refunded with the notice of cancellation or when this policy is returned to us, we will reftnd it within a reasonable time after the date cancellation takes effect. D. Nonrenewal We will not fail to renew this policy except for one of the reasons referred to in C. Cancellation above. 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: 1. We have indicated our willingness to renew and the "insured" has failed to pay the premium by the due date; or 2. 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. E. Assignment Assignment of this policy will not be valid unless we give our written consent. F. 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. If an assignment is sought, an "insured" must sign and deliver all related papers and cooperate with us. Subrogation does not apply to Coverage F or Paragraph C. Damage To Property Of Others under Section 11 - Additional Coverages. G. Death If any person named in the Declarations or the spouse, if a resident of the same household, dies, the following apply: 1. We insure the legal representative of the deceased but only with respect to the premises and property of the deceased covered under the policy at the time of death; and 2. Insurance under this policy will continue as provided in a. or b. below, whichever is later a. 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 b. 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. 3. "Insured" includes: a. An insured who is a member of your household at the time of your death, but only while a resident of the "residence premises"; and b. With respect to your property, the person having proper temporary custody of the property until appointment and qualification of a legal representative. H00003 (05101) Page 20 of 20 •//•H00003-200105 ® ISO Properties, Inc., 2000 CHAM000038 JzE STATE AUTO Insurance Companies THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IDENTITY FRAUD EXPENSE COVERAGE DEFINITIONS With respect to the provisions of this endorsement only, the following definitions are added: 1. "Identity fraud" means the act of knowingly transferring or using, without lawful authority, a means of identification of an "insured" with the intent to commit, or to aid or abet another to commit, any unlawful activity that constitutes a violation of federal law or a felony under any applicable state or local law. 2. 'Expenses" means: a. Costs for notarizing affidavits or similar documents attesting to fraud required by financial institutions or similar credit grantors or credit agencies. b. Costs for certified mail to law enforcement agencies, credit agencies, financial institutions or similar credit grantors. c. Lost income resulting from the time taken off work to complete fraud affidavits, meet with or talk to law enforcement agencies, credit agencies and/or legal counsel, up to a maximum payment of $200 per day. Total payment for lost income is not to exceed $5,000. d. Loan application fees for re-applying for a loan or loans when the original application is rejected solely because the lender received incorrect credit information. e. Reasonable attorney fees incurred as a result of "identity fraud" to: (1) Defend lawsuits brought against an "insured" by merchants, financial institutions or their collection agencies; (2) Remove any criminal or civil judgments wrongly entered against an "insured"; and (3) Challenge the accuracy or completeness of any information in a consumer credit report. f. Charges incurred for long distance telephone calls to merchants, law enforcement agencies, financial institutions or similar credit grantors, or credit agencies to report or discuss an actual 'identity fraud". The following Additional Coverage is added under Section I: IDENTITY FRAUD EXPENSE We will pay up to $15,000 for "expenses" incurred by an 'insured" as the direct result of any one "identity fraud" first discovered or learned of during the policy period. Any act or series of acts committed by one or more persons, or in which such person or persons are aiding or abetting others against an "insured", is considered to be one "identity fraud", even if a series of acts continues into a subsequent policy period. This coverage is additional insurance. EXCLUSIONS The following additional exclusions apply to this coverage: We do not cover: 1. Loss arising out of or in connection with a "business". 2. "Expenses" incurred due to any fraudulent, dishonest or criminal act by an "insured" or any person aiding or abetting an "insured", or by any authorized representative of an "insured", whether acting alone or in collusion with others. 3. Loss other than "expenses". SPECIAL DEDUCTIBLE We will pay only that part of the loss that exceeds $250. No other deductible applies to "identity fraud" expenses coverage. SECTION I - CONDITION B. Duties After Loss The following is added: Send to us, within 60 days after our request, receipts, bills or other records that support your claim for "expenses" under "identity fraud" coverage. All other provisions of this policy apply. H00455 (03103) //"HO0455-200303 ISO Properties, Inc., 2002 CHAM000039 /e STATE A?VTO° ?IISl Insurance Companies ?? ?7. .. ',.a .. ?" ?... J •• .. s'Ca.:„D`'rg:'? :9!L°CSi wYCililS!2:,. ?:t. 'Se'.'. 3%NG' :.k.K ....:iG- .A "y,.,,.R R aaL mi£. ?,., ?v:? LEAD CONTAMINATION LIABILITY EXCLUSION ENDORSEMENT The following exclusions are added to the policy: A. In respect to "bodily injury', "personal injury", and 'property damage" as defined in this policy, this insurance does not apply to: 1. Actual or alleged "bodily injury" that results directly or indirectly from the ingestion, inhalation or absorption of lead or lead compounds in any form; 2. Actual or alleged "property damage" or "personal injury" that results directly or indirectly from lead or lead compounds in any form; 3. 'Bodily injury", "personal injury", or "property dame" which would not have occurred in whole or part but for the actual, alleged, or threatened discharge, disposal, seepage, migration, release or escape of lead or lead compounds in any form at any tim e. B. This insurance does not apply to any loss, cost or expense arising out of any. 1. Governmental direction or request, or that of any and all other entities, demand, order or statutory or regulatory requirements that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of lead, lead compounds or pollutants. 2. Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of lead. C. This insurance does not apply to any injury, damage, expense, cost, loss, liability or legal obligation arising out of or allegedly arising out of or in any way related to the toxic properties of lead or lead compounds in any form. FI189 (10100) «//•FI199-200010 CHAM000040 STATE AVT+O® Insurance Companies YOUR HOMEOWNER OPTIONS POLICY STATE AUTOMOBILE MUTUAL INSURANCE COMPANY 518 EAST BROAD STREET * COLUMBUS OHIO 43215 * 614464-5000 STATE AUTO PROPERTY AND CASUALTY INSURANCE COMPANY 1300 WOODLAND AVENUE * WEST DES MOINES IOWA * 50265-0150 * 515-223-9438 CORPORATE OFFICE: STATE AUTO INSURANCE COMPANIES . 518 EAST BROAD STREET . COLUMBUS. OH 43215-3976 . 614-464.5000 We have caused this policy to be signed by our authorized officers. The Company providing coverage is named on the Declarations. President James A. Yano Robert P. Restrepo F1256PA (3/08) Page 1 of 2 «//.F125SPA-200803 CHAM000041 READ YOUR POLICY CAREFULLY. This cover sheet provides only a brief outline of some of the important features of your policy. This is not the insurance contract and only the actual policy provisions will control. The policy itself is a legal contract between you and your insurance company and sets forth, in detail, the rights and obligations of both you and your insurance company. IT IS THEREFORE IMPORTANT THAT YOU READ YOUR POLICY. YOUR HOMEOWNERS POLICY-QUICK REFERENCE HOMEOWNERS POLICY DECLARATIONS (Pages Numbered Separately) Your Name Location of Your Residence Policy Period Coverages Amounts of Insurance Deductible Beginning on page H00003 H00004 H00 H00006 (10/00) (10100) (10100 (10100) SECTION i YOUR PROPERTY SECTION 11 YOUR LIABILITY SECTION I and SECTION II ENDORSEMENTS F1256PA (03108) Page 2 of 2 //•F1259PA-200903 AGREEMENT 1 1 1 1 DEFINITIONS 1 1 1 1 COVERAGES Property Coverages 2 2 2 2 Loss of Use 4 4 4 4 Additional Coverages 4 4 5 4 PERILS INSURED AGAINST Coverage A and/or B 8 NIA 9 7 Coverage C Perils 9 7 9 7 EXCLUSIONS 10 9 10 9 CONDITIONS 11 10 12 10 COVERAGES Personal Liability Medical Payments to Others 14 11 14 12 EXCLUSIONS 15 12 15 12 ADDITIONAL COVERAGES 17 14 18 15 CONDITIONS 18 15 18 16 CONDITIONS 19 16 19 17 APPLICABLE ONLY IF SPECIFIED ON THE DECLARATIONS PAGE. CHAM000042 STATE AVIV PaKr """?" Insurance Companies THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPECIAL PROVISIONS - PENNSYLVANIA Throughout this policy, the following is added to any provision which uses the term actual cash value: Actual cash value is calculated as the amount it would cost to repair or replace covered property, at the time of loss or damage, with material of like kind and quality, subject to a deduction for deterioration, depreciation and obsolescence. Actual cash value applies to valuation of covered property regardless of whether that property has sustained partial or total loss or damage. The actual cash value of the lost or damaged property may be significantly less than its replacement cost. SECTION I - EXCLUSIONS Paralgrz;h 8. Intentional Loss is replaced by the following: 8. Intentional Loss a. Intentional Loss means any loss arising out of any act an "insured" commits or conspires to commit with the intent to cause a loss. In the event of such loss, no "insured' is entitled to coverage, even 'insureds' who did not commit or conspire to commit the act causing the loss. b. However, this exclusion will not apply to deny payment to the "insured" who did not cooperate in or contribute to the creation of the loss if the loss: (1) Is otherwise covered property under Coverage A, B or C of the policy; and (2) Arises out of abuse to that innocent "insured" by another "insured". With respect to this provision, abuse means: (a) Abuse as defined in the Pennsylvania Protection From Abuse Act; or (b) Attempting to cause or inten- tionally, knowingly or recklessly causing damage to covered property so as to intimidate or attempt to control the behavior of another person. If we pay a claim under this provision 8.b., or payment to the "insured" is limited to that "insured's" insurable interest in the property. In no event will we pay more than the Limit of Liability. All other provisions of this policy apply. H00137 (06107) //"HO0937-200706 ISO Properties, Inc. 2006 CHAM000043 JESTATEAUIV .. ?..?.?• Insurance Companies .tF3'.::s, :. ? ,..?, ?: -? ....'. ?•. 44f?i:: ?., ? .._.,- .. . ?9i?' .-', "3?:0. -`s-? 7w Ys: s,: tl ,_F+ ,?4i.>:.a.. at.c k.?.?:i.::ac, ,, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED FUNGI, WET OR DRY ROT, OR BACTERIA COVERAGE FOR USE WITH FORMS HO 00 03 AND HO 00 05 SCHEDULE* These limits of liability apply to the total o a loss or costs payable under this endorsement, regardless of the number of "occurrences", the number of claims-made, or the number of locations insured under this endorsement and listed in this Schedule. 1. Section 1 - Property Coverage Limit Liability or the Additional Coverage "Fungi', et Or Dry Rot, Or Bacteria $10,000 Section 11 - veracg Aggregate u Imlt o Liability or "Fungi", et Or Dry ot, Or Bacteria $50,000 *En tries may a an if shown elsewhere in this policy or this coverage. DEFINITIONS during or after removal, repair, The following definition is added: restoration or replacement. The cost "Fungi" of such testing will be provided only a. "Fungi" means any type or form of to the extent that there is a reason fungus, including mold or mildew, and any to believe that there is the presence rrycotoxins, spores, scents or by-products of 'fungi', wet or dry rot, or produced or released by fungi. bacteria. b. Under Section II, this does not include b. The coverage described in 13.a. only any fungi that are, are on, or are applies when such loss or costs are a contained in, a good or product intended result of a Peril Insured Against that for consumption. occurs during the policy period and only if all reasonable means were used to SECTION I - PROPERTY COVERAGES save and preserve the property from E. Additional Coverages further damage at and after the time the Paragraph 10.k.(2)(d) Is deleted in Form HO 00 Peril Insured Against occurred. 05 only. c. The amount shown in the Schedule for The following Additional Coverage is added: this coverage is the most we will pay 13. "Fungi", Wet Or Dry Rot, Or Bacteria for the total of all loss or costs payable a. The amount shown in the Schedule above under this Additional Coverage regardless is the most we will pay for: of the: (1) The total of all loss payable under (1) Number of locations insured under this Section I - Property Coverages caused endorsement; or by "fungi", wet or dry rot, or (2) Number of claims-made. bacteria; d. If there is covered loss or damage to (2) The cost to remove "fungi", wet or covered property, not caused, in whole or dry rot, or bacteria from property in part, by 'fungi", wet or dry rot, or covered under Section I - Property bacteria, loss payment will not be limited Coverages; by the terms of this Additional Coverage, (3) The cost to tear out and replace any except to the extent that 'fungi", wet or part of the building or other covered dry rot, or bacteria causes an increase in property as needed to gain access to the loss. Any such increase in the loss the "fungi", wet or dry rot, or will be subject to the terms of this bacteria; and Additional Coverage. (4) The cost of testing of air or property This coverage does not increase the limit of to confirm the absence, presence or liability applying to the damaged covered level of "fungi% wet or dry rot, or property. bacteria whether performed prior to, H00427 04/02) Page 1 of 3 •//-H00427-2 0204 ISO. Properties, Inc., 2001 CHAM000044 0 iSTATE AVeTO .a? NUY\fl SECTION I - PERILS INSURED AGAINST In Form HO 00 03: A. Coverage A - Dwelling And Coverage B Other Structures Paragraph 2.c.(5) is deleted and replaced by the following: (5) Caused by constant or repeated seepage or leakage of water or the presence or condensation of humidity, moisture or vapor, over a period of weeks, months or years unless such seepage or leakage of water or the presence or condensation of humidity, moisture or vapor and the resulting damage is unknown to all "insureds" and is hidden within the walls or ceilings or beneath the floors or above the ceilings of a shirture. Paragraph 2.c.(6)(c) is deleted and replaced by the following: (c) Smog, rust or other corrosion; B. Coverage C - Personal Property 12. Accidental Discharge Or Overflow Of Water Or Steam Paragraph b.(4) is deleted and replaced by the following: (4) Caused by constant or repeated seepage or leakage of water or the presence or condensation of humidity, moisture or vapor, over a period of weeks, months or years unless such seepage or leakage of water or the presence or condensation of humidity, moisture or vapor and the resulting damage is unknown to all "insureds" and is hidden within the walls or ceilings or beneath the floors or above the ceilings of a structure. In Form HO 00 05: A. Under Coverages A, B and C: Paragraph 2.d. is deleted and replaced by the following: d. Caused by constant or repeated seepage or leakage of water or the presence or condensation of humidity, moisture or vapor, over a period of weeks, months or years unless such seepage or leakage of water or the presence or condensation of humidity, moisture or vapor and the resulting damage is unknown to all "insureds" and is hidden within the walls or ceilings or beneath the floors or above the ceilings of a structure. Paragraph 2.e.(3) is deleted and replaced by the following: (3) Smog, rust or other corrosion; SECTION I - EXCLUSIONS Exclusion A.10. is added. 10. "Fungi", Wet Or Dry Rot, Or Bacteria HO0427 04/02) Page 2 of 3 •//-H00427-z 0204 "Fungi", Wet Cr Dry Rat, Cr Bacteria meaning the presence, growth, proliferation, spread or any activity of "fungi", wet or dry rot, or bacteria. This exclusion does not apply: a. When "fungi", wet or dry rot, or bacteria results from fare or lightning; or b. To the extent coverage is provided for in the "Fungi", Wet Or Dry Rot, Or Bacteria Additional Coverage under Section I - Property Coverages with respect to loss caused by a Peril Insured Against other than fire or lightning. Direct loss by a Peril Insured Against resulting from "fungi", wet or dry rot, or bacteria is covered. SECTION I - CONDITIONS Condition P. Policy Period is deleted and replaced by the following: P. Policy Period This policy applies to loss or costs which occur during the policy period. SECTION II - CONDITIONS Condition A. Limit Of Liability is deleted and replaced by the following: A. Limit Of Liability Our total liability under Coverage E for all damages resulting from any one "occurrence" will not be more than the Coverage E limit of liability 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 any one accident or from continuous or repeated exposure to substantially the same general harmful conditions will be considered to be the result of one "occurrence". O.r total liability urxier 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 Coverage F limit of liability shown in the Declarations. However, our total liability under Coverage E for the total of all damages arising directly or indirectly, in whole or in part, out of the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of any "fungi', wet or dry rot, or bacteria will not be more than the Section li - Coverage E Aggregate Sublimit of Liability for "Fungi", Wet Cr Dry Rot, Or Bacteria. That sublimit is the amount shown in the Schedule. This is the most we will pay regardless of the: 1. Number of locations insured under the policy to which this endorsement is attached; 2. Number of persons injured; ISO. Properties, Inc., 2001 CHAM000045 e STATE AUTOInsurance Companies n% , dim" nt" 3. Number of persons whose property is damaged; 4. Number of "insureds"; or 5. Number of "occurrences" or claims-made. This sublimit is within, but does not increase, the Coverage E limit of liability. It applies separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations. With respect to damages arising out of "fungi", wet or dry rot, or bacteria described in A. Limit Of Liability of this endorsement, Condition B. Severability Of Insurance is deleted and replaced by the following: B. Severability Of Insurance This insurance applies separately to each "insured' except with respect to the Aggregate Sublimit of Liability described in this endorsement under Section II - Conditions, A. Limit Of Liability. This condition will not increase the limit of liability for this coverage. All other provisions of the policy apply. H00427 (04102) Page 3 of 3 //-H00427-200204 ISO. Properties, Inc., 2001 CHAM000046 IMPORTANT INFORMATION FOR POLICYHOLDERS INSURANCE APPLICATION SUPPLEMENT PENNSYLVANIA Pennsylvania law requires us to provide you with certain notices and information in conjunction with your application for insurance. While we have done this, these requirements change from time to time. This supplement to your application relates back to the date of your application and is part of that application. The notices below replace any similar information on that application. If you have any questions, you should contact your agent. We appreciate your business. FRAUD WARNING ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME AND SUBJECTS THE PERSON TO CRIMINAL AND CIVIL PENALTIES. NOTICE OF INSURANCE INFORMATION PRACTICES To properly underwrite and rate your insurance, we obtain relevant personal information about you and other individuals who may be covered by the insurance requested, to the extent permitted by law, from (persons) or other entities (other than you) in connection with your application for insurance and subsequent amendments and renewals. The information collected includes, but is not limited to, information from a credit or other type of underwriting (investigative) report for you and your spouse, if any; prior insurance information, driving record based on state motor vehicle reports and loss information reports; and claims history based on loss information reports. Credit scoring information may be used to determine either your eligibility for insurance or the premium you will be charged. Such information as well as other personal and privileged information collected by our agents or us may, in certain circumstances, be disclosed to third parties without your authorization, but only as allowed by the law. You have the right to review your personal information in our files and can request correction of any inaccuracies. A more detailed description of your rights and our practices regarding such information is available upon request. Contact your agent or broker for instructions an how to submit a request to us. PENNSYLVANIA NOTICE 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, Surveys; 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, employees or service contractors; 2. To consultation services required to be performed under a written service contract not related to a policy of insurance; or 3. If any acts or omissions of the Iroxarxe Company, its agents, employees or service contractors are judicially determined to constitute a crime, actual malice, or gross negligence. YOU SHOULD READ YOUR POLICY, ENDORSEMENTS AND DECLARATION PAGE CAREFULLY. THE COVERAGE SELECTIONS AND LIMIT CHOICES INDICATED ON THE APPLICATION OR ANY SUPPLEMENT THERETO WILL APPLY TO ALL FUTURE POLICY RENEWALS, CONTINUATIONS AND CHANGES UNLESS YOU NOTIFY THE COMPANY OTHERWISE IN WRITING. IF YOU WOULD LIKE TO MAKE ANY CHANGES OR HAVE ANY QUESTIONS, YOU SHOULD CONTACT YOUR AGENT. F1122PA (12107) +11-Fl 122PA-200712 CHAM000047 STATE AU 1W z Insurance Companies AMENDMENT OF CANCELLATION PROVISION SECTION I AND 11 - CONDITIONS Paragraph C. 1., Cancellation is replaced by the following: 1. Any "named insured" 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. All remaining cancellation provisions are unchanged. F12073 (02/06) •//.F12073-200602 CHAM000048 STATE AVTO®. •?,?v w??eE• Insurance Companies THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WATER EXCLUSION ENDORSEMENT SECTION I - EXCLUSIONS A.3. Water Damage is replaced by the following: 3. Water This means: a. Flood, surface water, waves, including tidal wave and tsunami, tides, tidal water, overflow of arty body of water, or spray from any of these, all whether or not driven by wind, including storm surge; b. Water which: (1) Backs up through sewers or drains; or (2) Overflows or is otherwise dis- charged from a sump, sump pump or related equipment; c. Water below the surface of the ground, including water which exerts pressure on, or seeps, leaks or flows through a building, sidewalk, driveway, patio, foundation, swimming pool or other structure; or H01610 (01109) •//-HO1970-200901 d. Waterborne material carried or otherwise moved by any of the water referred to in A.3.a. through A.3.c. of this Exclusion. This Exclusion (A.3.) applies regardless of whether any of the above, in A.3.a. through A.3.d., is caused by an act of nature or is otherwise caused. This Exclusion (A.3.) applies to, but is not limited to, escape, overflow or discharge, for any reason, of water or waterbome material from a dam, levee, seawall or any other boundary or containment system. However, direct loss by fire, explosion or theft resulting from any of the above, in A.3.a. through A.3.d., is covered. All other provisions of this policy apply. Copyright, Insurance Services Office, Inc., 2008 CHAM000049 mX STATE AVTO® Insurance Companies I "I MTHIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PREMISES ALARM OR FIRE PROTECTION SYSTEM We acknowledge the installation of an alarm system and/or automatic sprinkler system approved by us on the "residence premises". You agree to maintain this system or systems, for which we have granted a credit, in working order and to let us know promptly of any change, including removal, made to the system(s). H00416 (10100) *//•H00416-200010 Copyright, Insurance Services Office, Inc., 1999 CHAM000050 STATE AUTO •a, ."" Insurance Companies DEFENDER OPTION ENDORSEMENT (For use with H00003 or H00005 only) Your Homeowners policy has been broadened substantially by the package of extra coverages included in this form. PART A - CHANGE IN DEFINITION PERSONAL INJURY LIABILITY DEFINITIONS The following definition is added: The definition of "bodily injury" is amended to include personal injury. "Personal injury" means injury arising out of one or more of the following offenses, but only if the offense was committed during the policy period: 1. False arrest, detention or imprisonment; 2. Malicious prosecution; 3. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; 4. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; or 5. Oral or written publication of material that violates a person's right of privacy. "Fungi" means any type or form of fungus, including mold or mildew, and any mycotoxins, spores, scents or by- products produced or released by fungi. However, this does not include any fungi that are, are on, or are contained in, a good or product intended for consumption. SECTION II - LIABILITY COVERAGES A. Coverage E - Personal Liability The following is added to Coverage E - Personal Liability: Personal Injury Coverage If a claim is made or suit is brought against an "insured" for damages resulting from an offense, defined under "personal injury", to which this coverage applies, we will: 1. Pay up to our limit of liability for the damages for which an "insured" is legally liable. Damages include prejudgment interest awarded against an "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 settle or defend ends when our limit of liability for the offense has been exhausted by payment of a judgment or settlement. SECTION II - EXCLUSIONS With respect to the coverage provided by this endorsement, Section 11 - Exclusions is deleted and replaced by the following: This insurance does not apply to: 1. "Personal Injury": a. Caused by or at the direction of an "insured" with the knowledge that the act would violate the rights of another and would inflict "personal injury"; b. Arising out of oral or written publication of material, if done by or at the direction of an "insured' with knowledge of its falsity; c. Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period; d. Arising out of a criminal act committed by or at the direction of an "insured"; e. Arising out of liability assumed by an "insured" under any contract or agreement except any indemnity obligation assumed by an "insured" under a written contract directly relating to the ownership maintenance or use of the premises; f. Sustained by any person as a result of an offense directly or indirectly related to the employment of this person by an "insured"; g. Arising out of or in connection with a "business' conducted from an "insured location" or engaged in by an "insured", whether or not the "business" is owned or operated by an 'insured" or employs 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". This exclusion does not apply to: (1) The rental or holding for rental of an 'insured location"; (a) On an occasional basis if used only as a residence; F1270PA (10100) Page 1 of 9 •//•F1270PA-200010 In Part, Copyright, Insurance Services Office, Inc., 1999 CHAM000051 me STATE AUTO Insurance Companies ,.'?'- }"=R?:?Ri'Y.i.?.,. .s,n K:3!. i?iC? ,.,_.}.:'?`2i' ,. .; ,? .. .. A .yy.a -... .i'.. °F ?'#i;,k. :2 . ?#G.: 0 54n-.,:: _? #K- -,3:?t:?i,:,? (b) 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 (c) In part, as an office, school, studio or private garage; and (2) An "insured" under the age of 21 years involved in a part-time or occasional, self-employed "business' with no employees; h. Arising out of civic or public activities perforated for pay by an "insured"; 1. To you or an "insured" as defined under Definitions 5.a. or b.; This exclusion also applies to any claim made or suit brought against you or an "insured"; (1) To repay, or (2) Share damages with; or Another person who may be obligated to pay damages because of "personal injury" to an "insured". j. Arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants at any time. 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. k. Arising directly or indirectly, in whole or in part, out of the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of any "fungi", wet or dry rot, or bacteria. Any loss, cost or expense arising out of any: a. Request, demand or order that an "insured' or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, pollutants, "fungi% wet or dry rot, or bacteria; or b. Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, dean up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of pollutants, "fungi", wet or dry rot, or bacteria. SECTION II - ADDITIONAL COVERAGES With respect to the coverage provided by this endorsement, Paragraph D. Loss Assessment is deleted and replaced by the following: D. Loss Assessment We will pay up to $1000 for your share of loss assessment charged against you, as an owner or tenant of the "residence premises", during the policy period by a corporation or association of property owners, when the assessment is made as a result of "personal injury" not excluded under this endorsement We do not cover 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 "personal injury". SECTION II - CONDITIONS With respect to the coverage provided by this endorsement, Section II - Condition I. Policy Period does not apply and Conditions A. Limit of Liability, B. Severability Of Insurance and C. Duties After "Occurrence" are deleted and replaced by the following: A. Limit Of Liability Our total liability under "Personal Injury' Coverage for all damages resulting from any one offense will not be more than the limit of liability shown in the Declarations for Coverage E. This limit is the same regardless of the number of "insureds", claims made or suits brought. B. Severability Of Insurance This insurance applies separately to each "insured". This condition, will not increase our limit of liability for any one offense. D. Duties After Offense In the event of a covered offense, you or another "insured" will perform the following duties that apply. We have no duty to provide coverage under this policy if your failure to comply with the following duties is prejudicial to us. You will help us by seeing that these duties are performed: 1. Give written notice to us or our agent as soon as practical, which sets forth: a. The identify of the policy and "named insured"; b. Reasonably available information on the time, place and circumstances of the offense; and c. Names and addresses of any claimants and witnesses; 2. Cooperate with us in the investigation, settlement or defense of any claim or suit; 3. Promptly forward to us every notice, demand, summons or other process relating to the offense; 4. At our request, help us: a. To make settlement; F1270PA (10100) Page 2 of 9 +//-F1270PA-200010 In Part, Copyright, Insurance Services Office, Inc., 1999 CHAM000052 STATE AUM Insurance Companies b. To enforce any right of contribution or indemnity against any person or organization who may be liable to an 'insured'; c. With the conduct of suits and attend hearings and trials; and d. To secure and give evidence and obtain the attendance of witnesses; 5. No 'insured' shall, except at such 'insured's" own cost, voluntarily make payment, assume obligation or incur expense other than for first aid to others at the time of the "personal injury'. PART B - MODIFICATIONS TO COVERAGE C COVERAGE C LIMIT - 70% A. COVERAGE C - Personal Property. The limit of liability for this coverage, except as otherwise provided in that section, will be no more than 70% of the limit of liability that applies to Coverage A. B. COVERAGE C - Personal Property - Special Limit of Liability. Coverages and amounts, under Special Limits of Liability, are amended as follows: a. $250 on money, bank notes, bullion, gold other than goldware, silver other than silverware, platinum other than platinumware, coins, medals, scrip, stored value cards and smart cards. b. $2,000 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 exist. This limit includes the cost to research, replace or restore the information from the lost or damaged material. c. $2,000 on watercraft of all types, including their trailers, furnishings, equipment and outboard engines or motors. d. $2,000 on trailers or semitrailers not used with watercraft of all types. e. 1. We will pay up to $2,000 per article for loss of jewelry, watches, furs, precious stones when loss is caused by theft, misplacing or losing subject to a maximum of $3,000 per occurrence. 2. However, if loss of jewelry, furs, watches, precious and semi-precious stones is caused by any peril other than theft, misplacing or losing and is not excluded under Section I - Perils or Section I - Exclusion, we will pay the total replacement value of the damaged property. The most we will pay under this provision for any one occurrence is the limit of liability for Coverage C plus $3,000. f. Theft of firearms - Remains unchanged. g. 1. We will pay up to $3,000 per occurrence for loss to silverware, silver-plated ware, goldware, gold- plated ware, platinumware, platinum-plated ware and pewterware which is caused by theft, misplacing or losing. This includes flatware, hollowware, tea sets, trays and trophies made of, or including, silver, gold or pewter. 2. However, if loss to silverware, silver-plated ware, goldware, gold-plated ware, platinumware, platinum-plated ware and pewterware is caused by any peril other than theft, misplacing or losing and is not excluded under Section i - Perils or Section I - Exclusions, we will pay the total replacement value of the damaged property. The most we will pay under this provision for any one occurrence is the limit of liability for Coverage C plus $3,000. h. Business property on the "residence premises" - Remains unchanged. L Business property away from the "residence premises" - Remains unchanged except for the following: When the property used in "business" is away from the "residence premises" and is your "computer equipment', the limit for "computer equipment," will be the total limit that is provided by h. for property used in "business' on the "residence premises." This extension of coverage also applies to "business" property that is "computer equipment" and included under item j, or k. The away from the "residence premises" limit as shown in provisions, i., j. and k., would still apply for other property used in "business" away from the "residence premises" per the limit shown in this provision. "Computer equipment" means electronic data processing, hardware and related peripheral equipment, including CRT screens, disc drivers, printers and modems; and discs, tapes, wires, records or other software media used with the data processing equipment. j. Electronic apparatus and accessories, while in or upon a "motor vehicle" - Remains unchanged except as amended by item I. k Electronic apparatus and accessories used primarily for "business" while away from the 'residence premises" and not in or upon a "motor vehicle" - Remains unchanged except as amended by item i. SERVICE VEHICLE COVERAGE Under Coverage C, Property Not Covered, Item c. (2) (a) is deleted and replaced by the following: c. (2) (a). Used to service an "insured's" residence. However, this exception does not apply to "recreational motor vehicles" unless used solely to service the "residence premises." F1270PA 10/00) Page 3 of 9 •//-F1270PA-2000 10 In Part, Copyright, Insurance Services Office, Inc., 1999 CHAM000053 STATE ,AUIV " mjr Insurance Companies A "recreational motor vehicle" as used in this provision is one of the following: a. All-terrain vehicle; b. Dune buggy; c. Golf cart; d. Snowmobile; or e. Any other motorized land vehicle that is designed for recreational use off public roads. PART C - MODIFICATIONS TO COVERAGE D - LOSS OF USE ADDITIONAL LIVING EXPENSE/FAIR RENTAL VALUE OPTION Part D - Loss of Use is deleted and replaced by the following: 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 following. However, if the "residence premises" is not your principal place of residence, we will riot provide the option urxJer 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 permanently relocate, the shortest time required for your household to settle elsewhere. 2. If a loss covered under this Section makes that part of 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 of the 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 or Fair Rental Value loss as provided order 1. and 2. above for no more than two weeks. The periods of time under 1., 2. and 3. above are not limited by expiration of this policy. We do not cover loss or expense due to cancellation or a lease or agreement. PART D - MODIFICATIONS TO ADDITIONAL COVERAGES 1. Debris Removal Items b.(2)(a) and (c) are deleted. With respect to fallen trees b.(2)(a), the debris removal provision is amended by deleting the requirement that a fallen tree must cause damage to a covered structure. 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 $750 of this limit will be paid for any one tree, shrub or plant. We do not cover property grown for "business" purposes. 4. Fire Department Service Charge We will pay up to $1,000 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 F1270PA (10100) Page 4 of 9 -//-F1270PA-2000 10 In Part, Copyright, Insurance Services Office, Inc., 1999 CHAMO00054 STATE AVIV PMKV NNeEn X41 Insurance Companies w,u;r,?:a" - _ar • ?.. .,:x.s7?s?zrw?'?.?i?rxrx.:-'. ,.,ins 'u ?. rs1.?s..:tA. -:.,;:? ???:.:. r,. , ..:t.?.._, 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 applies to this coverage. 6. Credit Card, Electronic Fund Transfer Card or Access Device, Forgery and Counterfeit Money - Remains unchanged except the limit of liability is increased from $500 to $1,000. 7. Loss Assessment - Remains unctranged except the limit of liability is increased to $5,000. PART E - SPECIAL ADDITIONAL COVERAGES FREEZER CONTENTS COVERAGE 1. SECTION I - EXCLUSIONS, Exclusion A.4., Power failure is amended as follows: If damage to contents of deep freeze or refrigerated units on the "residence premises" is caused by power failure or mechanical breakdown, and the damage is otherwise excluded under this policy, we will pay for such damage under this endorsement. Our limit of liability for this coverage shall not exceed $1,000 per occurrence. If power failure or mechanical breakdown is known by you, you must use all reasonable means to protect the property covered from further damage or this extension is void. A $50 deductible applies to this coverage. LOCK REPLACEMENT 2. We will pay up to $250 for the replacement of locks or cylinders that are: a. Used to lock the dwelling or other structure on the "residence premises"; and b. Replaced due to the theft of keys. The $250 limit is the most we will pay in any one loss, regardless of the number of locks or cylinders and no more than $500 will be paid in any one policy term. No deductible applies to this coverage. RENTED GOLF CART 3. Coverage is provided for a rented motorized golf cart while being operated by an "insured" on a golf course or golf premises for golfing purposes. Our maximum limit of coverage under this provision shall not exceed $5,000. No deductible applies to this coverage. We do not cover loss or damage caused by wear and tear, gradual deterioration, mechanical breakdown, repair or theft. DEDUCTIBLE WAIVER 4. The Section I deductible shown in the declarations page does not apply to covered property losses of more than $50,000. This provision does not apply to or waive any separate deductible, identified in the declarations, policy or endorsement as being applicable to a specific peril or coverage such as, but not Jim ited lo: wind/hail, earthquake and water back-up. ARSON, FRAUD AND THEFT REWARDS COVERAGE 5. If a loss covered under Section 1 of this policy is caused by arson, fraud or theft, we will pay a reward of up to $1,000 to a "designated person" for inforration that results in the arrest and conviction of the person(s) committing the arson, fraud or theft, or the return of the stolen property. However, we will pay the least of the following arnont a. The amount equal to the loss settlement for the property involved; or b. The actual cash value of the property al the time of loss; or c. $1,000. A "designated person", as used in the coverage is the initial person chosen by a law enforcement agency who provided the necessary information that lead to either the arrest and conviction of the person who committed the arson, fraud or theft, or the return of the stolen property. However, a "designated person" cannot be: F1270PA (10/00) Page 5 of 9 -//-F1270rA-200010 In Part, Copyright, Insurance Services Office, Inc., 1999 CHAM000055 ESTATE AUTW ro ?....... .or Companies a. An employee of a law enforcement agency-, b. An employee of a business responsible for the protection of property; C' A person who had custody of the property at the time of loss; d. A person involved in the arson, fraud or theft. No reward will be granted until the person(s) alleged to having committed the arson, fraud or theft, have been convicted or the property returned. PART F- REPLACEMENT COST COVERAGE- PERSONAL PROPERTY Loss Settlement provision C. 1. a. and b. is replaced by the following: A. Eligible Property 1. Covered losses to the following property are settled at replacement cost at the time of the loss: a. Coverage C, Personal Property; and b. If covered in this policy: (1) Awnings, outdoor antennas and outdoor equipment; and (2) Carpeting and household appliances; whether or not attached to buildings. 2. This method of loss settlement will also apply to the following articles or classes of property if they are separately described and specifically insured in this policy and not subject to agreed value loss settlement: a. Jewelry; b. Furs and garments: (1) Trimmed with fur; or (2) Consisting principally of fur, c. Cameras, projection machines, films and related articles of equipment; d. Musical equipment and related articles of equipment; e. Silverware, silver-plated ware, goldware, gold-plated ware and pewterware, but excluding: (1) Pens or pencils; (2) Flasks; (3) Smoking implements; or (4) Jewelry; and f. Golfer's equipment meaning golf clubs, golf clothing and golf equipment, g. Bicycles h. Guns (Fired) i. Sports Equipment Personal Property Replacement Cost loss settlement will not apply to other classes of property separately described and specifically insured. B. Ineligible Property Property listed below is not eligible for replacement cost loss settlement. Any loss will be settled at actual cash value at the time of loss but not more than the amount required to repair or replace. 1. Antiques, fine arts, paintings and similar articles of rarity or antiquity which cannot be replaced. 2. Memorabilia, souvenirs, collectors items and similar articles whose age or history contribute to their value. 3. Articles not maintained in good orworkable condition. 4. Articles that are outdated or obsolete and are stored or not being used. C. Replacement Cost Loss Settlement Condition The following loss settlement condition applies to all property described in A. above: 1. We will pay no more than the least of the following amounts: a. Replacement cost at the time of loss without deduction for depreciation; b. The full cost of repair at the time of loss; c. The limit of liability that applies to Coverage C, if applicable; d. Any applicable special limits of liability stated in this policy; or e. For loss to any item described in A.2.a - 1. above, the limit of liability that applies to the item. 2. If the cost to repair or replace the property described in A. above is more than $500, we will pay no more than the actual cash value for the loss until the actual repair or replacement is complete. F1270PA (10/00) Page 6 of 9 //•F1270PA-2 10 In Part, Copyright, Insurance Services Office, Inc., 1999 CHAM000056 mX STATE AVTO° Insurance Companies ,.L. ::?t,56.;i''*'.."r ,,»: - .3ES'.R:::. ".)C '+f` -: •.. ,.. i' If the 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 replacement. 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 allowed under C.1. Under this loss settlement procedure, the following special provisions apply: a. You shall promptly forward to us evidence of the agreement with the party repairing or replacing the property which shows the cost and estimated completion date of the repaired property or delivery date of the replaced property. b. We will send to you the balance, in 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. c. If you do not comply with the above terms at any time, we will pay no more than the actual cash value for the loss. In such case, if the amount we advanced to you is more than the actual cash value, you shall refired the difference to us within 30 days of the date we mail our refund notice to you. 3. You may make a claim for loss on an actual cash value basis and then make claim for any additional liability in accordance with this endorsement provided you notify us of your intent to do so within 180 days after the date of loss. All other provisions of this policy apply. SPECIFIED ADDITIONAL AMOUNT OF INSURANCE FOR COVERAGE A - DWELLING (APPLIES ONLY WHEN LOSS TO BUILDING INSURED UNDER COVERAGE A EXCEEDS THE COVERAGE A LIMIT OF LIABILITY SHOWN IN THE DECLARATIONS) The Additional Amount Of Insurance is determined by multiplying the Coverage A limit of liability shown in the Declarations by the percentage amount shown in this form or on the declarations page. To the extent that coverage is provided, we agree to provide an additional amount of insurance in accordance with the following provisions: A. If you have: 1. Allowed us to adjust the Coverage A limit of liability and the premium in accordance with: a. The property evaluations we make; and b. Any increases in inflation; and 2. Notified us, within 30 days of completion, of any improvements, alterations or additions to the building insured under Coverage A which increase the replacement cost of the building by 5% or more' The provisions of this endorsement will apply after a loss, provided you elect to repair or replace the damaged building. B. If there is a loss to the building insured under Coverage A that exceeds the Coverage A limit of liability shown in the Declarations, for the purpose of settling that loss only: 1. We will provide an additional amount of insurance, up to 25% of the Coverage A limit of liability; and 2. Section I - Condition C. Loss Settlement Paragraph 2. is deleted and replaced by Paragraphs 2., 3., and 4. as follows: 2. The building insured under Coverage A at replacement cost without deduction for depreciation. We will pay no more than the smallest of the following amounts: a. The replacement cost of that part of the building damaged with material of like kind and quality and for like use; b. The necessary amount actually spent to repair or replace the damaged building; or c. The limit of liability under this policy that applies to the building, phis any additional amount provided by this endorsement. If the building is rebuilt at a new premises, the cost described in a. above is limited to the cost which would have been incurred if the building had been rebuilt at the original premises. 3. We will pay no more than the actual cash value of the damage until actual repair or replacement is complete. F1270PA 10/00) Page 7 of 9 ?//•F1270PA-20 010 In Part, Copyright, Insurance Services Office, Inc., 1999 CHAM000057 STATE AUIV mjr Insurance Companies 4. You may disregard the replacement cost loss settlement provisions and make claim under this policy for loss to the building on an actual cash value basis. You may then make claim for any additional liability on a replacement cost basis, provided you notify us of your intent to do so within 180 days after the date of loss. All other provisions of this policy apply. PART G - MODIFICATIONS TO SECTION II - LIABILITY COVERAGES GOLF CART LIABILITY SECTION 11 - EXCLUSIONS Section II, Exclusion A., "Motor Vehicle Liability" is amended as follows: Item e., (3) is added: (3) a motorized golf cart while used as transportation to and from a golf course on other than public roads, including incidental or necessary use of public roads as access to and from a golf course. INCIDENTAL LOW POWER RECREATIONAL MOTOR VEHICLE DEFINITIONS With respect to a "motor vehicle" covered by this endorserrlent. Definition 5. which defines "Insured" is extended to include any person or organization legally responsible for the covered "motor vehicle" owned by an 'insured". Definition 5., however, does not include a person or organization using or having custody or possession of the "motor vehicle" without the permission of the owner. SECTION II - EXCLUSIONS Paragraph A.2.d. is deleted and replaced by the following: d. Designed for recreational use off public roads and: (1) Not owned by an 'insured'; or (2) Owned by an "insured" provided the "occurrence" takes place: (a) On an "insured location" as defined in Definitions B.6.a, b., d., e. or h.; or (b) Off an "insured location" but only if the "motor vehicle": (i) Was not built or modified after manufacture to exceed a speed of 15 miles per hour on level ground; or (ii) Is not a motorized bicycle, moped or motorized golf cart, regardless of its speed capability. All other provisions of this policy apply. SERVICE VEHICLE COVERAGE Under Section 11, "Motor Vehicle Liability", exclusion A. 2. b. is deleted and replaced by the following: A.2.b. Used to service an "insured's' residence. However, this exception does not apply to 'recreational motor vehicles' unless used solely to service the "residence premises." A "recreational motor vehicle" as used in this provision is one of the following: a. All-terrain vehicle; b. Dune buggy; c. Golf cart; d. Snowmobile; or e. Any other motorized land vehicle that is designed for recreational use off public roads. OUTBOARD MOTOR LIABILITY SECTION II - EXCLUSIONS. Pertaining to "Watercraft Liability" item B.2.c.(2) is replaced by the following: (2) One or more outboard engines or motors with: (a) 75 total horsepower or less; (b) More than 75 horsepower if the outboard engine or motor is not owned by an "insured"; (c) More than 75 horsepower if the outboard engine or motor is owned by an "insured" who acquired it during the policy period; or (d) More than 75 horsepower if the oub=rd engine or motor is owned by an "insured" who acquired it before the policy period, but only if: (i) You declare them at policy inception; or F1270PA (10100) Page 8 of 9 //-F1270PA-200010 In Part, Copyright, Insurance Services Office, Inc., 1999 CHAM000058 ,rLSJ ESTATE AVgTO® $ "k%; ?F.rAtltri "dX? n1"Y tlr+?M, n n' a ' t - .Gat&?`KikX i9f'?,5^ .d +9tY r>'? m'4 f.?i'S"'?7t t' i f Yk y (ii) Your intent to insure them is reported to us in writing within 45 days after you acquire them. The coverages in (c) and (d) above apply for the policy period. Horsepower means the maximum power rating assigned to the engine or motor by the manufacturer. WATERBED LIABILITY SECTION 11 - EXCLUSIONS, Exclusion F. 3. Is deleted and replaced by the following: "Property damage" to property rented to, occupied or used by or in the care of an "insured." This exclusion does not apply to "property damage" caused by fire, smoke, or explosion, or by accidental discharge of water from a waterbed. PART H, SECTION II ADDITIONAL COVERAGE LOSS ASSESSMENT SECTION 11, ADDITIONAL COVERAGE D., Loss Assessment remains unchanged except the limit of liability is increased to $5,000. F1270PA (110/00) Page 9 of 9 •//•F1270PA-2 10 In Part, Copyright, Insurance Services Office, Inc., 1999 CHAM000059 X41 ESTATE AUTV ?, .?..." Companies THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPECIAL COMPUTER COVERAGE ALL FORMS EXCEPT HO 00 05, HO 00 04 WITH HO 05 24 AND HO 00 06 WITH HO 17 31 DEFINITIONS With respect to the coverage provided by this endorsement, "computer equipment" means: 1. Computer hardware, software, operating systems or networks; and 2. Other electronic parts, equipment or systems solely designed for use with or connected to equipment in 1. above SECTION I - PERILS INSURED AGAINST With respect to "computer equipment" defined above, the Perils Insured Against which apply to Coverage C - Personal Property are deleted and replaced by the following: 1. We cover an "insured's" "computer equipment", as defined in this endorsement, against risk of direct physical loss. 2. We do not insure, however, for loss: a. Included under Section I - Exclusions. b. Caused by: (1) 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 provision does not apply if you have used reasonable care to: (a) Maintain heat in the building; or (b) Shut off the water supply and drain all systems and appliances of water; However, if the building is protected by an automatic fire protective sprinkler system, you must use reasonable care to continue the water supply and maintain heat in the building for coverage to apply. For purposes of this provision a plumbing system or household appliance does not include a sump, sump pump or related equipment or a roof drain, gutter, downspout or similar fixtures or equipment. (2) Theft in or to a dwelling under construction, until the dwelling is finished and occupied; (3) Mold, Fungus or wet rot; H00414 (10/00) Page t of 2 //-H00414-200010 (4) Vandalism and malicious mischief, and any ensuing loss caused by any intentional and wrongful act committed in the course of the vandalism or malicious mischief, if the dwelling has been vacant for more than 60 consecutive days immediately before the loss. A dwelling being constructed is not considered vacant; (5) Dampness of atmosphere or extremes of temperature unless the direct cause of loss is rain, snow, sleet or hail; (6) Refinishing, renovating or repairing property; (7) Collision, other than collision with a land vehicle, sinking, swamping or stranding of watercraft of all types, including their trailers, furnishings, equipment and outboard engines or motors; (8) Acts or decisions, including the failure to act or decide, of any person, group, organization or governmental body. However, any ensuing loss not excluded or excepted in this policy is covered; or (9) Any of the following: (a) Wear and tear, marring, deterioration; (b) Mechanical breakdown, latent defect, inherent vice, or any quality in property that causes it to damage or destroy itself; (c) Smog, rust or other corrosion or dry rot; (d) Smoke from agricultural smudging or industrial operations; (e) Discharge, dispersal, seepage, migration, release or escape of pollutants unless the discharge, dispersal, seepage, migration, release or escape is itself caused by one or more of the Perils Insured Against that would apply under Coverage C of the policy form if this endorsement were not attached to the policy form. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, kirnes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed; Copyright, Insurance Services Office, Inc. 1999 CHAM000060 STATE AVTW ?. ".M.." Insurance Companies (f) Settling, shrinking, bulging or expansion, including resultant cracking, of bulkheads, pavements, patios, footings, foundations, walls, floors, roofs or ceilings; (g) Birds, vermin, rodents or insects.; or (h) Animals owned or kept by an *Insured". Exception To b.(9) Unless the loss is otherwise excluded, we cover loss to "computer equipment" resulting from an accidental discharge or overflow of water or steam from within a: (1) Storm drain or water, steam or sewer pipe off the "residence premises"; or (ii) Plumbing, heating, air conditioning or automatic fire protective sprinkler system or household appliance on the "residence premises". We do not cover loss to the system or appliance from which this water or steam escaped. For the purposes of this provision, a plumbing system or household appliance does not include a sump, sump pump or related equipment or a roof drain, gutter, downspout or similar fixtures or equipment. H00414 (10100) Page 2 of 2 "i/"rw0414-200010 Section I - Water Dama ge Exclusion Paragraph s a. and c., that apply to surface water and water below the surface of the ground, do not apply to loss by water covered under b.(9) above. With respect to the precluded perils in 2.11b.(1) through (3) and b.(9), any ensuing loss not precluded by any other provision in this policy is covered. SPECIAL CONDITIONS The coverage provided by this endorsement does not: 1. Increase the Coverage C limit of liability; 2. Modify the Coverage C Special Limits of Liability; or 3. Modify any provision that applies to Coverage C Properly Not Covered. All other provisions of this policy apply. Copyright, Insurance Services Office, Inc. 1999 CHAM000061 mi41 `STATE AUTV VOLUNTEER WRONGFUL ACTS COVERAGE For an additional premium, we will pay on behalf of an "insured" amounts an "insured" becomes legally responsible to pay because of civil claims made against an "insured" for a wrongful act. A wrongful act, in respect to this coverage, means actual or alleged error, misleading statement, act or omission, neglect or breach of duty committed by an "insured" during the policy period in the "insured's" capacity as a volunteer. We do not cover volunteer activity of an "insured" involving "insured's' business or an organization for which an "insured" receives compensation or that requires 'insured's' professional services. Limit of Liability. Our limit of liability for this coverage is $100,000. This is the most we will pay for all liability arising out of a single wrongful act regardless of the number of insured's or policy terms. Two or more claims arising out of a single wrongful act or a series of related wrongful acts shall be deemed a single claim. Our duty to settle or defend ends when the amount we pay equals the limit of liability for this coverage. The limit of liability for this coverage is not in addition to the limit of liability otherwise provided for Personal Liability. Our payment of loss under this coverage is excess over any other collectible insurance. Conditions applicable to SECTION II also apply to this coverage. Exclusions We do not cover liability, 1. Based on or attributable to "bodily injury, "property damage" or "personal injury." 2. For anything other than money damages. 3. Arising out of any fraudulent, criminal or malicious act, acts or omissions not in good faith or which involved intentional misconduct or a knowing violation of law or matters deemed uninsurable by law. 4. For fines or penalties imposed by law. 5. For libel or slander. 6. For failure to procure or maintain insurance. 7. Arising out of "Insured's" dishonesty where it is established by judgment or other final adjudication that an actual dishonest purpose or intent was involved. 8. For an accounting of profits made from the purchase or sale of securities under any federal or state laws, or the failure to register securities as required. 9. Arising out of or involving discrimination in violation of any statute or law. 10. Arising out of "insured's" capacity or activity as an elected or appointed public official. 11. Arising out of any nuclear reaction, radiation or radioactive oontamination or any consequence of these. 12. For the return of any remuneration of payments given to the 'insured' with or without the approval of the corporation. 13. Arising out of sexual molestation, sexual harassment, corporal punishment or physical or mental abuse, or the transmission of a communicable disease by an 'insured." 14. Arising out of use, sale, manufacturer, delivery, transfer or possession by arty person of a controlled substance as defined by federal food and drug law other than the legitimate use of prescription drags as prescribed by a licensed physician. 15. Arising out of actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants at any time or the ingestion, inhalation or absorption of lead or lead cornpounds or any loss, cost or expense to test, monitor, clean up, rerrxNe, contain, treat, detoxify or neutralize or in any way respond to or assess the affects of pollutants or lead. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant including smoke, vapor, soot, furnes, acid, alkalis, chemicals, and waste (including material to be recycled or reclaimed). F1260 (1000) //"F1260-200010 CHAM000062 mX STATE. AUTO®. insurance Companies t,.41W--.%W THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULED PERSONAL PROPERTY ENDORSEMENT (WITH AGREED VALUE LOSS SETTLEMENT) JEWELRY SCHEDULE* Amount Class Of Personal Property Of Insurance Premium 1. a. Jewelry, as scheduled below. b. Jewelry, as scheduled, while stored in a safe or vault at a described location. (See Conditions, 65., for specific requirements governing jewelry stored in a vault ) Described location: Article Or Property Description Amount Insurance * ntries may be left blan I shown elsewhere In his policy or this coverage. We cover the classes of personal property which are indicated in the Schedule above by an amount of insurance. This coverage is subject to the: 1. Definitions; 2. Section I - Conditions; and 3. Sections I and II - Conditions; in the policy and all provisions of this endorsement. Any deductible stated in this policy does not apply to this coverage. A. Newly Acquired Property - Jewelry 1. We cover newly acquired property of a class of property already insured. The lesser of the following limits applies: a. 25% of the amount of insurance for that class of property; or b. $10,000. 2. When you acquire new property you must: a. Report these objects to us within 30 days; and b. Pay the additional premium from the date acquired. B. Perils Insured Against We insure against risks of direct loss to property described only if that loss is a physical loss to property; however, we do not insure loss caused by any of the following: 1. Wear and tear, gradual deterioration or inherent vice. 2. Insects or vermin. (If damage caused by vermin is covered elsewhere in your policy, that coverage is afforded to scheduled F1460 Q0100) Page f of 2 •//"F1460- 00010 property covered by this endorsement. The limit of liability for vermin coverage is the most we will pay.) 3. War, including the following and any consequence of any o the following: a. Undeclared war, civil war, insurrection, rebellion or revolution; b, Warlike act by a military force or military personnel; or c. Destruction, seizure or use for a military purpose. Discharge of a nuclear weapon will be deemed a warlike act even if accidental. 4. Nuclear Hazard, to the extent set forth in the Nuclear Hazard Clause of Section I - Conditions. 5. Intentional Loss_ Intentional Loss means any loss arising out of any act an "insured" commits or conspires to commit with the intent to cause a loss. In the event of such loss, no "insured" is entitled to coverage, even "insured's" who did Copyright, Insurance Services Office, Inc., 1999 CHAM000063 L STATE AUTO® Insurance Companies not commit or conspire to commit the act causing the loss. C. Territorial Limits We cover the property described worldwide. D. Conditions 1. Loss Settlement Covered property losses are settled as follows: a. Agreed Value We will pay, for each article or property designated in the Schedule, the full amount shown in the Schedule which is agreed to be the value of that article or property. At our request, you will surrender that article or property to us if not lost or stolen. b. Pair, Set Or Parts If the scheduled article or property is a pair or set, or consists of several parts when complete, we will pay the full amount shown in the Schedule for that pair, set or complete article. At our request, you will surrender that article or property to us if not lost or stolen. 2. Lost Or Stolen Articles In the event lost or stolen property is recovered and we have paid you the full amount shown in the Schedule for that property, you w i l l surrender that property to us. 3. Buyback Of Surrendered Property We will, at your request, sell back to you, at a price you and we agree upon, any class of property or scheduled article you surrendered to us to comply with the terms in Paragraphs 1. or 2. above. 4. Premium Adjustment We will refund the unearned premium that applies to the scheduled article after the loss or you may apply it to the premium due for the replacement of that article. 5. Vaulted Jewelry: Coverage for jewelry is restricted as follows: a. You must keep the scheduled items in a safe or vault at the described location shown in the schedule. b. We do not cover these items while they are away from the described location unless your 1. Notify us in advance when the items are to be removed and give us the dates that the items will be away from the described location; and 2. Pay the additional premium for the period of time that the items are away. FI460 (10100) Page 2 of 2 »//»F1460. 200010 Copyright, Insurance Services Office, Inc.. 1999 CHAM000064 Lg ESTATE AUTO nsurance Companies THIS ENDORSEMENT DOES NOT CONSTRUE A REDUCTION OF COVERAGE. NO SECTION II - LIABILITY COVERAGES FOR HOME DAY CARE BUSINESS LIMITED SECTION I - PROPERTY COVERAGES FOR HOME DAY CARE BUSINESS :Q ?O ?C ,p :p x .p A. B. C. "Business", as defined in the policy, means: 1. A trade, profession or occupation engaged in on a full-time, part-time, or occasional basis; or 2. Any other activity engaged in for money or other compensation, except the following: a. One or more activities: (1) Not described in b. through d. below; and (2) For which no "insured" receives more than $2000 in total compensation for the 12 months before the beginning of the policy period; b. Volunteer activities for which no money is received other than payment for expenses incurred to perform the activity; c. Providing home day care services for which no compensation is received, other than the mutual exchange of such services; or d. The rendering of home day care services to a relative of an "insured". If an "insured" regularly provides bane day care services to a person or persons other than "insureds" as their trade, profession or occupation, that service is a "business". If home day care service is not a given "insured's" trade, profession or occupation but is an activity: 1. That an 'insured" engages in for money or other compensation; and 2. From which an "insured" receives more than $2,000 in totallcombined compensation from it and any other activity for the 12 months before the beginning of the policy period; the home day care service and other activity will be considered a "business". H00496 (10/00) //-H00496-200010 D. With respect to C. above, home day care service is only an example of an activity engaged in for money that may be a "business". Any single activity or combination of activities: 1. Described in A.2. above, and 2. Engaged in for money by a single "insured"; may be considered a 'business' if the $2000 threshold is exceeded. E. With respect to A. through D. above, coverage does not apply to or is limited with respect to home day care service which is a "business'. For example, this policy: 1. Does not provide: a. Section II coverages. This is because a "business" of an "insured" is excluded under E.2. of Section 11 - Exclusions; b. Coverage, under Section I, for other structures from which any "business" is conducted; and 2. Limits Section 1 coverage, under Coverage C - Special Limits of Liability, for "business" property: a. On the "residence premises" for the home day care "business" to $2,500. This is because Category h. (e. in Form HO 00 08) imposes that limit on "business" property on the "residence premises"; b. Away from the "residence premises" for the home day care "business' to $500. This is because Category 1. (f. in Form HO 00 08) imposes that limit on "business" property away from the "residence premises". Category L does not apply to property described in Categories j, and k. (g. and h. respectively in Form HO 00 08). Copyright, Insurance Services Office, Inc., 1999 CHAM000065 NELSON LEVINE de LUCA & HAMILTON BY: EDWARD J. FINN, ESQUIRE IDENTIFICATION NO.: 311301 518 TOWNSHIP LINE ROAD SUITE 300 BLUE BELL, PA 19422 (215) 358-5100 - MAIN (215) 358-5101- FAX efinn@nldhlaw.com VINCENT L. CHAMPION AND HEATHER E. CHAMPION Plaintiff(s) V. STATE AUTO INSURANCE CO., AND DEITZEL BROTHERS ATTORNEYS FOR DEFENDANT STATE AUTO PROPERTY AND CASUALTY INSURANCE COMPANY, INCORRECTLY IDENTIFIED IN THE CAPTION AS STATE AUTO INSURANCE CO. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION NO: 12-2321 CERTIFICATE OF SERVICE I, Edward J. Finn, Esquire, hereby certify that a true and correct copy of the Answer to Plaintiffs' Complaint and New Matter was served on June 1, 2012, upon counsel listed below by United States Mail, postage prepaid. Vincent L. Champion, Esquire Deitzel Brothers Rhoads & Sinon, LLP 1325 N. West Street One South Market Square, Twelfth Floor Carlisle, PA 17013 P.O. Box 1146 Harrisburg, PA 17108-1146 NELSON LEVINE de LUCA & HAMILTON BY: EDWARD J. FINN, ESQUIRE ATTORNEYS FOR DEFENDANT STATE AUTO PROPERTY AND CASUALTY INSURANCE COMPANY, INCORRECTLY IDENTIFIED IN THE CAPTION AS STATE AUTO INSURANCE CO. Dated: June 1, 2012 NELSON LEVINE de LUCA & HAMILTON BY: EDWARD J. FINN, ESQUIRE IDENTIFICATION NO.: 311301 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5100 - Main (215) 358-5101- Fax efinn@nldhlaw.eom VINCENT L. CHAMPION AND HEATHER E. CHAMPION V. Plaintiff(s) STATE AUTO INSURANCE CO., AND DEITZEL BROTHERS ATTORNEYS FOR DEFENDANT STATE AUTO PROPERTY AND CASUALTY INSURANCE COMPANY, INCORRECTLY IDENTIFIED IN THE CAPTION AS STATE AUTO INSURANCE CO. CUMBERLAND COUNTY COURT OF COMMON PLF,AS CIVIL ACTION NO: PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached Verification for Defendant, State Auto Property & Casualty Company, for the attorney verification attached to the filed Answer with New Matter. NELSON LEVINE de LUCA & HAMILTON BY: EDWA J. FINN, ESQUIRE ATTORNEYS FOR DEFENDANT STATE AUTO PROPERTY AND CASUALTY INSURANCE COMPANY, INCORRECTLY IDENTIFIED IN THE CAPTION AS STATE AUTO INSURANCE CO. Dated: June 6, 2012 VERIFICATION I, Rhonda Lukie, do hereby state that I am a representative for State Auto Property & Casualty Company in the within action, and as such do hereby verify that the statements made in the foregoing Answer with New Matter are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. 4 - Rhonda Lukie Dated: U 1 1'-- ! 2-U Z, Vincent L. Champion Attorney I.D. No. 88411 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-6736 Attorneys for Plaintiffs Vincent L. Champion and Heather E. Champion Plaintiffs V. State Auto Insurance Co and Deitzel Brothers Defendants F14 D-af'r ' OF Tf AIT ROTAV 1 JUN 26 AM 8: 34 CUIS COUNTY W AWA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.2012-cv-2321 REPLY TO NEW MATTER Plaintiffs, Vincent L. Champion and Heather E. Champion by and through their counsel Rhoads & Sinon LLP, file the within Reply to New Matter and in support thereof states as follows: 100. This paragraph incorporates paragraphs 1-99 of Defendant State Auto's Answer with New Matter. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. 101. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. 102. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. 103. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. 565640.5 104. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. 105. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. 106. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. 107. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. 108. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. 109. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. 110. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. 111. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. 112. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. 113. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. 114. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. 115. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Moreover and by way of further response, the insurance policy being a writing, speaks for itself and no response is required. Any attempt to mischaracterize the writing is denied. 116. The insurance policy, being a writing speaks for itself and no response is required. Any attempt to mischaracterize the writing is denied. 117. Denied in part, admitted in part. It is admitted only that Mr. Colanzi visited the Champion residence on September 28, 2010 and March 20, 2012. Moreover and by way of further response, Mr. Colanzi's report is a writing which speaks for itself. Any attempt to mischaracterize the content of this report is therefore denied. 118. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. 119. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. 120. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. 121. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. 122. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. 123. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. 1 1 State Auto's new matter is numbered incorrectly from this point on. Although the paragraph is identified as paragraph 121 in the Reply to New Matter, it is, in fact, paragraph 123. Plaintiff s Reply to New Matter will reflect the actual number of the paragraph as opposed to the number indicated in the New Matter. 124. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. 125. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. 126. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. 127. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. 128. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. 129. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. 130. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. 131. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Respectfully submitted, RHOADS & SINON LLP Date: June 25, 2012 By:L? Vincent L. Champion, Esquire Attorney I.D. No. 70294 One South Market Square Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs CERTIFICATE OF SERVICE I hereby certify that on this 25th day of June, 2012, a true and correct copy of the foregoing was served by means of U.S. mail, first class, postage prepaid, upon the following: Edward J. Finn Nelson Levine de Luca & Horst 518 Township Line Road Suite 300 Blue Bell, PA 19422 Diane Brown Deitzel Brothers 1325 N. West St. Carlisle, PA 17103 2012 JUN 27 PM 1: 23 C!MlOER ?AKD C"TY PENN YLVANIA Counsel for Defendant Deitzel Brothers VINCENT L. CHAMPION and HEATHER E. CHAMPION, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Scott D. McCarroll, Esquire Thomas, Thomas & Hafer, LLP I.D. No. 92985 305 N. Front Street, 6th Flr. P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7131 smccarroll@tthlaw.com FILEO-OFFICE THE PROTHONOTARY NO. 2012-CV-2321 vs. STATE AUTO INSURANCE CO. and DEITZEL BROTHERS, Defendants TO THE PROTHONOTARY: JURY TRIAL DEMANDED ENTRY OF APPEARANCE Please enter our appearance on behalf of Defendant Deitzel Brothers in the above matter. Respectfully submitted, THO OMAS & HAFER, LLP By. cCarroll PA I.D. No. 92985 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7131 CERTIFICATE OF SERVICE AND NOW, this Al of , 201 °;f, Coleen M. Polek, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Vincent L. Champion, Esq. Rhoads & Sinon LLP One South Market Square Harrisburg PA 17108-1146 William Krekstein, Esq. Nelson Levine DeLuca & Horst, LLC 518 Township Line Road Suite 300 Blue Bell, PA 19422 Coleen M. Polek 1109661.1 VINCENT L. CHAMPION and HEATHER E. CHAMPION, Plaintiffs v. 2 ? 17. OCT 16 AM 9- 1", `?, w`lil~tBERLr11i' ?,U "I STATE AUTO INSURANCE CO., and DEITZAL BROTHERS, Defendants IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 12-2321 CIVIL TERM IN RE: DEFENDANT'S MOTION TO COMPEL PLAINTIFFS' DISCOVERY RESPONSES TO INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFFS RULE TO SHOW CAUSE AND NOW, this 15th day of October 2012, upon consideration of Defendants' Motion to Compel Plaintiffs' Discovery Responses, a RULE is issued upon Plaintiffs to show cause why the relief requested in Defendants' Motion to Compel should not be granted. RULE RETURNABLE within twenty (20) days from the date of this order Distribution: /Vincent L. Champion, Esq. One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 Attorney for Plaintiffs v"'Edward J. Finn, Esq. 518 Township Line Road, Suite 300 Blue Bell, PA 19422 Attorney for Defendants Vincent L. Champion Attorney LD. No. 8841 I RHOADS & SINON LLP One South Market Square, 12rh Floor P.O. Box 1146 Harrisburg, PA 17108-I 146 (717)233-6736 Attorneys for Plaintiffs Vincent L. Champion and Heather E. Champion Plaintiffs v. State Auto Insurance Co. and Deitzel Brothers :Defendants ,. ,. ,., t ,,, ;;~ZNC~ _~ pH p1. ,~i C'u~D~~L !; p.. 21.; ~~~`~SHj ZVr~{~I j~a~ ~ , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PF,NNSYLVANIA CIVIL ACTION -LAW NO. 2012-cv-232 ] PLAINTIFFS' RESPONSE TO MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS Plaintiffs, Vincent L. Champion and Heather E. Champion by and through tlleir counsel Rhoads & Sinon LLP, file the instant Response to Defendant State Auto Property and Casualty Insurance Company's ("State Auto") Motion to Compel Responses to Interrogatories and Request for Production of Documents in support thereof states as follows: 1. Admitted in part. It is admitted only that on or about May 15; 2012 Plaintiffs filed a Complaint against State Auto Insurance Co. ("State Auto") and Deitzel Brothers. Moreover, by way of fizrther response, Plaintiffs' Complaint being a writing speaks for itself. To the extent that State Auto Attempts to mischaracterize the document, the averment is therefore denied. 2. Admitted. 864908. I 3. Denied. The averment~~s contained in this paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading i.s required, the same is denied. Proof, thereof, is demanded. -1. Admitted. Moreover, and by way of further response, pursuant to a telephonic conversation which occurred prior to the August 9, 2012 discovery dues date, Defendant State Auto agreed to indefinitely suspend the discovery due date so that the parties could fully explore the possibility of settlement. Consequently, Plaintiffs were not required to provide responses to discovery on August 9, 2012. 5. State Auto's letter, being a writing speaks for itself and no response is therefore required. Ln the event and to the extent that State Auto attempts to mischaracterize the letter, this averment is, therefore, denied. Moreover and by way of further response, State Auto did not contact Plaintiffs to advise that it was no longer willing to suspend discovery so that settlement negotiations could proceed. Instead, and without so much as a telephone call, State Auto mailed a letter indicating that responses were due within seven days. 6. Denied as stated. It is admitted only that Plaintiffs have not yet provided responses to interrogatories and requests for production of documents. However, it is specifically denied that Defendant State Auto has made repeated requests that Plaintiffs be provided with responses. To the contrary, State Auto's first request that it be provided with responses to discovery was in a September 7, 2012 letter wherein it unilaterally set seven days as the response deadline notwithstanding the fact that the parties had previously agreed to stay discovery. Moreover and by way of further response, Plaintiffs are cun•ently in the process of assembling their responses to discovery. 7. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. Admitted. 9, Denied as stated. It is admitted only that by way of State Auto's September 7, 20121etter, Plaintiffs were first notified that State Auto desired to lift the stay on discovery. State Auto never spoke with Plaintiffs in an effort to avoid filing this unnecessary motion. NEW MATTER 10. Notwithstanding the forgoing, and because it appears that Defendant no longer wishes to stay this matter so that the parties can pursue settlement, Plaintiffs will voluntarily provide their responses to Defendant's Discovery. Plaintiffs have tiled this response so that. the record accurately reflects that the parties agreed to stay discovery and as a result Plaintiffs discovery vvas not past due. Plaintiffs are currently in the process of assembling their responses and Defendant's Motion will accordingly be moot. WHEREFORE., Plaintiffs Vincent L. Champion and Heather E. Champion, respectfully submit their Response to State Auto's :Motion to Compel Full and Complete Responses to its Interrogatories and Requests for Production of Documents Directed to Plaintiffs. Respectfiilly submitted, RHOADS~INON L,LP ~~' ~ ~~ Date: November 5, 2012 g G~~< ,~~'`7 ~~~~°''". ~~.-.__ Y ~~ Vincent L. Champion, Esquire Attorney LD. No. 70294 One South Market Square Harrisburg, PA 17108-1 l46 (717) 233-5731 Attorneys for Plaintiffs CERTIFICATE OF SERVICE I hereby certify that on this 5th day of November, 2012, a true and correct copy of the foregoing was served by means of U.S. mail, first class, postage prepaid, upon the following: Edward J. Finn Nelson Levine de Luca & Horst 518 Township Line Road Suite 00 Blue Bell, PA 19422 Scott D. McCarron Thomas, Thomas and 1-Iafer, LLP 305 North Front Street P.O. Box 999 Harrisburg., PA 17108-0999 ~~ ~: r '~ '~C' 1~.~.~--r-_~.. _ Susan Chandler NELSON LEVINE de LUCA & HAMILTON BY: EDWARD J. FINN, ESQUIRE IDENTIFICATION NO.: 311301 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215} 358-5100 VINCENT L. CHAMPION AND HEATHER E. CHAMPION Plaintiff(s) v. STATE AUTO INSURANCE CO., AND DEITZEL BROTHERS Defendant(s) ATTORNEYS FOR DEFENDANT STATE AUTO PROPERTY AND CASUALTY INSURANCE COMPANY, INCORRECTLY IDENTIFIED IN THE CAPTION AS STATE AUTO INSURANCE CO. CUMBERLAND COUNTY COURT OF COMMON PLI~,AS. CIVIL ACTION NO: 12-i ~ ra n~~ ~ ~~ ~ ..; y . ~ ~ - , : ~- c`a --cy .. c~ -~ ~. 1, cap ._._, ., ,, ~~ ~. PRAECIPE TO SUPPLEMENT CERTIFICATE OF SERVICE TO THE PROTHONOTARY: Kindly supplement the Certificate of Service to Defendant's Motion to Compel Responses to Interrogatories and Requests for Production of Documents Directed to Plaintiffs, filed on September 26, 2012, to reflect service upon Co-Defendant, attached hereto as Exhibit A. NELSON LEVINE de LUCA & HAMILTON ~ ~ ,~~~~ BY: EDWARD J. FINN, ESQUIRE Dated: November 7, 2012 NELSON LEVINE de LUCA & HAMILTON BY: EDWARD J. FINN, ESQUIRE IDENTIFICATION NO.: 311301 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5100 VINCENT L. CHAMPION AND HEATHER E. CHAMPION v. Plaintiff(s) STATE AUTO INSURANCE CO., AND DEITZEL BROTHERS ATTORNEYS FOR DEFENDANT STATE AUTO PROPERTY AND CASUALTY INSURANCE COMPANY, INCORRECTLY IDENTIFIED IN THE CAPTION AS STATE AUTO INSURANCE CO. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION NO: 12-2321 CERTIFICATE OF SERVICE I, Edwazd J. Finn, Esquire, hereby certify that a true and correct copy of the Praecipe to Supplement Certificate of Service was served on November 7, 2012, upon counsel listed below by United States Mail, postage prepaid. Vincent L. Champion, Esquire Rhoads & Sinon, LLP One South Mazket Squaze, Twelfth Floor P.O. Box 1146 Harrisburg, PA 17108-1146 Scott D. McCarroll, Esquire Thomas Thomas & Hafer, LLP 305 N. Front Street, 6~' Floor PO Box 999 Harrisburg, PA 17108 NELSON LEVINE de LUCA & HAMILTON i ~? ~~ ..~ BY: EDWARD J. FINN, ESQUIRE EXHIBIT "A" NELSON LEVINE de LUCA & HAMILTON BY: EDWARD J. FINN, ESQUIRE IDENTIFICATION NO.: 311301 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5100 VINCENT L. CHAMPION AND HEATHER E. CHAMPION Plaintiff(s) v. STATE AUTO INSURANCE CO., AND DEITZEL BROTHERS ATTORNEYS FOR DEFENDANT STATE AUTO PROPERTY AND CASUALTY INSURANCE COMPANY, INCORRECTLY IDENTIFIED IN THE CAPTION AS STATE AUTO INSURANCE CO. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION NO: 12-2321 CERTIFICATE OF SERVICE I, Edward J. Finn, Esquire, hereby certify that a true and correct copy of Defendant's Motion to Compel Responses to Interrogatories and Requests for Production of Documents Directed to Plaintiffs was served upon counsel listed below by United States Mail, postage prepaid. On September 24, 2012 Vincent L. Champion, Esquire Rhoads & Sinon, LLP One South Market Square, Twelfth Floor P.Q. Box 1146 Harrisburg, PA 17108-1146 On November 7, 2012 Scott D. McCarroll, Esquire Thomas Thomas & Hafer, LLP 305 N. Front Street, 6'~ Floor PO Box 999 Harrisburg, PA 17108 NELSON LEVINE de LUCA & HAMILTON !ii BY: EDW J. FINN, ESQUIRE NELSON LEVINE de LUCA & HAMILTON BY: EDWARD J. FINN, ESQUIRE IDENTIFICATION NO.: 311301 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5100 VINCENT L. CHAMPION AND HEATHER E. CHAMPION v. Plaintiff(s) STATE AUTO INSURANCE CO., AND DEITZEL BROTHERS ATTORNEYS FOR DEFENDANT STATE AUTO PROPERTY AND CASUALTY INSURANCE COMPANY, INCORRECTLY IDENTIFIED IN THE CAPTION AS STATE AUTO INSURANCE CO. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION NO: 12-2321 PRAECIPE TO SUPPLEMENT CERTIFICATE OF SERVICE `-' ~~, ~.~_ ~~ ~v -. -r 4~ =~ '~ W~ e~ ~.-_ TO THE PROTHONOTARY: ~~r°=~ '"" =j~-T~ Kindly supplement the Certificate of Service to Defendant's Amended Motion~~,Co~pel ~, ~' Responses to Interrogatories and Requests for Production of Documents Directed to ~ai~}ffs,.:; ~ ,- - filed on October 5, 2012, to reflect service upon Co-Defendant, attached hereto as Exhibit A. NELSON LEVINE de LUCA & HAMILTON ,.. ~ ~'~ BY: '~ 4 EDWARD J. FINN, ESQUIRE Dated: November 7, 2012 NELSON LEVINE de LUCA & HAMILTON BY: EDWARD J. FINN, ESQUIRE IDENTIFICATION NO.: 311301 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5100 VINCENT L. CHAMPION AND HEATHER E. CHAMPION Plaintiff(s) v. STATE AUTO INSURANCE CO., AND DEITZEL BROTHERS Defendant(s). ATTORNEYS FOR DEFENDANT STATE AUTO PROPERTY AND CASUALTY INSURANCE COMPANY, INCORRECTLY IDENTIFIED IN THE CAPTION AS STATE AUTO INSURANCE CO. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION NO: 12-2321 CERTIFICATE OF SERVICE I, Edward J. Finn, Esquire, hereby certify that a true and correct copy of the Praecipe to Supplement Certificate of Service was served on November 7, 2012, upon counsel listed below by United States Mail, postage prepaid. Vincent L. Champion, Esquire Rhoads & Sinon, LLP One South Market Square, Twelfth Floor P.O. Box 1146 Harrisburg, PA 17108-1146 Scott D. McCarron, Esquire Thomas Thomas & Hafer, LLP 305 N. Front Street, 6`~ Floor PO Box 999 Harrisburg, PA 17108 NELSON LEVINE de LUCA & HAMILTON j ~} Gf ~ BY: EDWARD J. FINN, ESQUIRE EXHIBIT "A" NELSON LEVINE de LUCA & HAMILTON BY: EDWARD J. FINN, ESQUIRE IDENTIFICATION NO.: 311301 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5100 VINCENT L. CHAMPION AND HEATHER E. CHAMPION Plaintiff(s) v. STATE AUTO INSURANCE CO., AND DEITZEL BROTHERS ATTORNEYS FOR DEFENDANT STATE AUTO PROPERTY AND CASUALTY INSURANCE COMPANY, INCORRECTLY IDENTIFIED IN THE CAPTION AS STATE AUTO INSURANCE CO. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION NO: 12-2321 CERTIFICATE OF SERVICE I, Edwazd J. Finn, Esquire, hereby certify that a true and correct copy of Defendant's Amended Motion to Compel Responses to Interrogatories and Requests for Production of Documents Directed to Plaintiffs was served upon counsel listed below by United States Mail, postage prepaid. On October 2, 2012 Vincent L. Champion, Esquire Rhoads & Sinon, LLP One South Market Square, Twelfth Floor P.O. Box 1146 Harrisburg, PA 17108-1146 On November 7, 2012 Scott D. McCarroll, Esquire Thomas Thomas & Hafer, LLP 305 N. Front Street, 6th Floor PO Box 999 Harrisburg, PA 17108 NELSON LEVINE de LUCA & HAMILTON /~ ,~' rf BY: G EDWARD J. FINN, ESQUIRE