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Home My WebLink About05-1937 ~ N, SCOTT WORRALL and PATRICIA A. WORRALL, Plaintiffs : IN THE COURT OF COMMON PLEA : CUMBERLAND COUNTY, : PENNSYLVANIA v. CONSUMERS INSURANCE AGENCY, INC., and ERIE INSURANCE GROUP, Defendants : No. ! 15-- (13 7 (!;uv' ( CIVIL ACTION-LAW : JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the clai s set forth in the following pages, you must take action within twenty (20) days after th s Complaint and Notice are served, by entering a written appearance personally or attorney and filing in writing with the Court your defenses or objections to the claims s t forth against you. You are warned that if you fail to do so, the case may proceed witho t you and a judgment may be entered against you by the Court without further notice fi r any money claimed in the Complaint or for any other claim or relief requested by t Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. I YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO 0 TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YO CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty A venue Carlisle, P A (717) 249-3166 Date: tJY/,3(kJ( By: N & FO~AN, P.C. t.., Ut44 J at an M. Cnst, Esquire At ID #29936 4409 North Front Street Harrisburg, PA 17110-1709 (717) 236-9391 '. . N. SCOTT WORRALL and PATRICIA A. WORRALL, Plaintiffs IN THE COURT OF COMMON PLEA CUMBERLAND COUNTY, PENNSYLVANIA v. CONSUMERS INSURANCE AGENCY, INC., and ERIE INSURANCE GROUP, Defendants : NO'(:5_ /1:37 2005 CIVIL ACTION-LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, N. Scott Worrall and Patricia A. Worrall, his wife, by their attorney, Jonathan M. Crist, Esquire of Foreman & Foreman, P.C., who makes the following Complaint against the Defendants, Consumers Insurance Agency, Inc and Erie Insurance Group of which the following is a statement: PARTIES 1. Plaintiffs, N. Scott Worrall and Patricia A. Worrall (the "Worralls"), are adult individuals, husband and wife, currently residing at 1259 Mifflin Road, Bainbrid , Pennsylvania 17502. 2. Defendant, Consumers Insurance Agency, Inc ("Consumers") is a Pennsylvania Business Corporation with an office or principal place of business at 240 South 8th Street, Camp Hill, Pennsylvania 170 II. 3. Defendant, Erie Insurance Group is an insurance company which throug its subsidiary, Erie Insurance Exchange (collectively "Erie") is authorized to issue policies of insurance within the Commonwealth of Pennsylvania with a local branch office and mailing address of 4901 Louise Drive, P.O, Box 2013, Mechanicsburg, Pennsylvania 17105. 4. At all times relevant to the causes of action herein Consumers was acti as the agent of Erie. , FACTUAL BACKGROUND APPLICABLE TO ALL COUNTS 5. On or about July 2, 1985 the Worralls made application with Erie Insurance Exchange through Erie's duly licensed agent Consumers for a policy of home owners insurance (the "Application") to cover a new approximately 1,600 square foot residential dwelling (the "Dwelling") that the W orralls were then in the process of constructing on a certain lot or tract of ground at 143 Risser Road, Bainbridge, Lancaste County, Pennsylvania. A copy of this Application is attached hereto as Exhibit "A". 6. The Application was approved and Erie issued to the W orralls a Home Protector Policy No. Q55 0202052 H with an effective date of July 2, 1985 (the "Policy"). 7, The Policy has been in continuous force and effect from July 2, 1985 up through and including December 5, 2004. A copy of the 2004 version ofthe Policy, including the current Declaration Page which was in effect on December 5, 2004 is attached hereto and marked Exhibit "B" incorporated by reference. 8. Since July 2, 1985 the Policy has been continuously written to include fi II replacement cost for the Dwelling. 9. The Worralls believe and therefore aver that the $70,000 coverage amo t for the Dwelling as set forth on the Application reflected the then estimated cost of construction materials which were going to be incorporated into the Dwelling and that e Worralls did not intend that said $70,000 figure to be used as replacement value of the Dwelling when its construction was completed. 10. At the time of the Application only the foundation of the Dwelling had been completed and following the issuance of the Policy, the Worralls proceeded to complete construction of the Dwelling by September 1985 primarily with their own labor. 11. The Worralls believe, and therefore aver, that following completion of construction of the Dwelling neither Consumers nor Erie made any visual inspection, review or evaluation of the Dwelling, nor conducted any Insurance- To-Value (ITV) analysis, home cost estimate or other valuation of the Dwelling as finally constructed. 12. Beginning with the new declarations issued on July 2, 1985 and continuing for each annual Policy renewal declarations issued up through July 2, 1997, . the amount of Dwelling Protection on the Policy did not have a dollar amount listed but rather was described as "Replacement Cost". 13. Effective with the Policy renewal declaration commencing on July 02, 1997 the amount of Dwelling Protection was listed on the Policy as $105,000.00; however said renewal declaration also stated "The amount of insurance applying to the Dwelling is the replacement cost at the time ofthe loss." 14. The Worralls believe and therefore aver that for each Policy renewal yea commencing after July 02, 1997 Erie added an adjustment percentage to the stated doll amount of Dwelling Protection listed upon the previous year's policy such that by the policy year commencing July 02,2004 the stated amount of Dwelling Protection listed upon the Policy had risen to $140,000.00. 15. Each Policy renewal declaration after July 02, 1997 contained the following language: "The amount of insurance applying to the Dwelling is the replacement cost at the time of the loss." 16. The Worralls believe and therefore aver that at no time between completion of construction of the Dwelling in 1985 and up through December 05, 200 did Consumers or Erie ever conduct any ITV analysis, home cost estimate or other valuation of the Dwelling. 17. In the alternative to Paragraph 16, if Consumers or Erie ever conducted any ITV analysis, home cost estimate or other valuation of the Dwelling between completion of construction of the Dwelling in 1985 and up through December 05, 200 , then the results thereof have never been communicated to the W orralls. 18. To the best of the Worralls knowledge, information and belief at no tim after July 02, 1985 have either Consumers nor Erie ever contacted them to make any recommendations or provide advice regarding revision, revaluation or update of the amount of insurance coverage for the Dwelling or any inquiries about construction of y additions to the Dwelling. 19. On or about 1993 the W orralls constructed an approximate 604 square foot addition (the "Addition") to the Dwelling. 20. The W orralls believe and therefore aver that the replacement cost of the Dwelling on December 5, 2004 was approximately $350,000,00. 21. On December 5, 2004 the Dwelling was completely destroyed by an accidental fire (the "Fire"). 22. Following the Fire the Worralls filed a claim with Erie for $350,000 as t replacement cost of the Dwelling. 23. Erie has paid to the Worralls the sum of$254,517.13 representing the parties agreed upon replacement cost of the original portion of the Dwelling ($159,07 /s ft x 1,600 sq ft) but Erie has refused to pay the sum of $ 95,442.00 representing the replacement cost of the Addition ($159.07 sq ft x 600 sq ft) on the grounds that the W orralls never provided notice to Erie about their construction ofthe Addition. 24. Erie has also refused to pay the W orralls the sum of $2,700.00 representing a proportionate cost of the fire debris removal which Erie maintains is attributable to the Addition. 25. Erie has also refused to pay the sum of$II,IOO.OO representing the balance ofthe value of the Worrall's personal property that was destroyed in the Fire. COUNT I - BREACH OF CONTRACT WORALLS v. ERIE INSURANCE GROUP 26. Paragraphs 1 through 25 above are incorporated herein by reference as if set out of length. 27. Erie has breached its policy of insurance with the W orralls by refusing r failing to pay the balance of the full replacement cost of the Dwelling, by refusing to p y the remaining balance of the fire debris removal costs and the balance of the value of t e Worrall's personal property that was destroyed in the Fire. WHEREFORE, Plaintiffs N. Scott Worrall and Patricia Worrall, demand judgment against Defendant, Erie Insurance Group in the sum of One Hundred Nine Thousand Two Hundred Forty Two and 00/100 ($109,242.00) Dollars, plus applicable interest and costs of this action, COUNT II - NEGLIGENCE WORALLS v. CONSUMERS INSURANCE AGENCY, INC. 28. Paragraphs 1 through 27 are incorporated herein by reference set out t length. 29. Defendants, Consumers failed to exercise skill, knowledge and servl e normally possessed and/or rendered by members of the insurance profession to the r customers in the Central Pennsylvania area by: a. F ailing to conduct an ITV analysis, home cost analysis or other market evaluation of the Dwelling following completion of its construction in 1985; b. Failing to make any periodic inspections, !TV analyses, home cos estimates or other market analysis of the Dwelling on a periodic basis from 1985 through December 5, 2004 and/or failing to communicate the result of such inspections to the W orralls; c. Failing to periodically advise or warn the Worralls to update the amount of their Dwelling protection coverage on the Policy; d. F ailing to periodically advise or warn the W orralls to update their insurance coverages for personal property and items which might involve special risks or require additional endorsements. 30. The Worralls believe and therefore aver that had Consumers performed any periodic or other !TV inspection, home cost inspection or market analysis of the Dwelling and advised them with regard thereto, a value approximating or exceeding the market value for the Dwelling, including the cost of the Addition, would have been carried as the coverage insurance amount for the Dwelling at the time of the Fire and tha the amount of personal property coverage would have been increased proportionally based upon the Dwelling' 5 carried or listed value. 31. As the result of the negligence of Consumers as aforesaid, Plaintiffs have suffered damage in the sum of One Hundred Nine Thousand Two Hundred Forty Two and 00/100 ($109,242.00) Dollars. WHEREFORE, Plaintiffs, N. Scott Worrall and Patricia Worrall, demand judgment against Defendant, Consumers Insurance Company in the sum One Hundred Nine Thousand Two Hundred Forty Two and 00/100 ($109,242.00) Dollars, plus applicable interest and costs of this action. COUNT III - NEGLIGENCE WORALLS v. ERIE INSURANCE EXCHANGE 32. Paragraph I through 31 above are incorporated herein by reference as if set out at length. 33. The Worralls believe and therefore aver that Erie has failed in its duties to the Worralls as their policyholder as follows: a, In failing to require and or direct Consumers to conduct an ITV, home cost or other market analysis of the W orralls' residence following completion of the construction ofthe Dwelling in 1985. b. Should such ITV or home cost or other market analysis been required by Erie after completion of Construction of the Dwelling, Then, in the alternative to a above, failing to inquire, follow-up or direct that such ITV or home cost analysis was performed. c. In failing to require and or direct Consumers to conduct periodic or recurring ITV, home cost or other market analysis of the Dwelling throughout the years the Policy has been in force. d, In failing to require its agents, including Consumers to conduct periodic ITV s, home cost or other market analyses of its entire book of business on a recurring basis; e. Failing to conduct periodic complete reunderwriting and/or reviews of the value of all residential dwelling insured by Erie Home Protective Policies within the Central Pennsylvania area. 34. As the result ofthe negligence of Erie as aforesaid the Worralls have suffered damages in the sum of One Hundred Nine Thousand Two Hundred Forty Two and 00/1 00 ($109,242.00) Dollars. WHEREFORE, Plaintiffs, N. Scott Worrall and Patricia Worrall, demand judgment of the Defendant, Erie Insurance Group, in the sum of One Hundred Nine Thousand Two Hundred Forty Two and 00/100 ($109,242.00) Dollars, plus applicable interest and costs of this action. COUNT IV - NEGLIGENCE WORALLS v. ERIE INSURANCE EXCHANGE 35. Paragraph 1 through 34 above are incorporated herein by reference as if set out at length. 35. Erie is responsible for the negligence of its agent Consumers as set forth above. WHEREFORE, Plaintiffs, N. Scott Worrall and Patricia Worrall, demand judgment ofthe Defendant, Erie Insurance Group, in the sum of One Hundred Nine Thousand Two Hundred Forty Two and 00/100 ($109,242.00) Dollars, plus applicable interest and costs of this action. FOREMAN & FOREMAN, P.C. Date: 6'1/f'?I?1JlJ( By: Jo at M. Crist, Esquir At . ID #29936 4409 North Front Street Harrisburg, P A 17110-1709 (717) 236-9391 ------. / AGENT'S COpy ",J.- Er,IE;INSWRANC[EX.CHANc;L~H.,o,!? :~I!,c1orc""3" '0' ,.ERIE. PA 16530- . App IcatIOn.i'c', '}';'..' J . ~ .-...!::", HP.-;:::'i~",;-, ~:\,,..._ ":..>_ t-. PLEASE DO NofWRITE'4N-'THIS SPACE ~.iOA:'HO~'-~ :O'iACE:USE- ONl Y=:::~~;--i- "<~."- --__~~~-~ ___~_L ~_____ ' - ,'., , I ~. ;1i;~~;:*~c~~ff:=~~~~'~~~:~~~~~;=' . L1CJY""'...-H[offiAG0VER..9OO'\.. .~ , ~;i>;,,+_:,t:CQ-::n~8J: ........ .." ~_YfbAUO-tfTF~""~"")}1G" tA "A~q! _ '__ -. 1'" ,,-',__, ,--"'-., ,-, ..... :-LTh,iS ,is__Y~U.~ ~~pg~i~atjOn_ tb,-jrlS~~:<lQ~~_~!1~Y.O~ ~~~~~~?:~il:!~_!~~:~h~ ~!~E~~~.ci-g,Esq'~'~E_~_!~~L_}:~,~-l.~_~-g:_- ,'tno, Tt:!J~rPLlCATIOtU!'HS~5;iUJiil. ,4 0 'ADDITIG1'J'I>; !_(c.~~~i~r)IY_On8-an~_ uS~,~ep~r~te_:('r ,'" ';:.., --.. "i~ ,;';1&1. :" ':~RP:Jsr;~~!).:;!t",,<;!!!A., ~~~;~l}.su~~8.;.. '~eMiiE:DJ, .:' '-,-:"~i .J'J/,->~'';p' C" l :~:i;~&mf.~1rf~t i '-H ,'..,J -.- TO---- , :,t i 4, i ",,-\( ~,:..Qi:.:q'-1f; .ar' ~:3?lPi'3::n "\ ' r, \ J '.~;'- - ---, -'.i::.:< . ;~~-;~( , ,~': ' ij j~1;: ;-', ,':;.:;11_:J ~c: 6, '0 MOATGAGEE- LOAN NO, ;,'1:0'-l0\ND CONTR.ACT _' _::;(.--i,.:,~ INVOICE TO LENDER o YES O-MORTG'AGEE'-l!,/::'\., :--:;,: DTO$SiPAYEE-' LOAN NO. TRACT :;z. ,~g~d'~~~~~ ~I iNVOICE TO LENDER o YES :-_';~_:-~ 'u.' ::.. :~:' :~:1~~u .,.c...".,....,............ ..:!,~i: ,'t'; '-' -j.c,'-i, f-..~" 'f'c,:: ',' "' ~'). ::,_2:::)~ ,"..... .... "':::-:r.;~j;,~,& ':'::.-':,m:"~'~r" :;', .It)!" ZIP l TEARI!ORY H.D. BUllOlNG USE' CONSTRUCTION ~_rame ,,-- ,'.';;'~,.' -OMasonry o Alum. Side --"n,Fire Rest.- o Other' PIlOT CLASS . SECTION I NON'DISAPPEARING _ _-::_,~',__'_9EDUCTIBLE:-_.P.LL,SJATES__ G'- "~100 NON.DISAPPEARING -,:C _ _ _(f~~,~,~ON'~.~~:~:ING FIRE HYD FIRE DEPl WITHIN' WITHIN .OSOOJL__ __0 ~.[n.i. or05:f(;'~4mi. o 1OCXJFt. 05mi. "Oomr. "No,offamiJies*- . ..t4~<!.I,r.oomer~.D!..'sR3!d_~rS~ Tenilr]tcover: No. ot aptrnts~iivb\!J!lding__ Fire Wall belween units 0 Yes 0 No If yes_ ~ - ~'1fum5eTorun~s.OOfweeh'each (\r€ wa!l-., .' -........ ,--'-;,..-......,.'.,,'.,. ,YEAR 'CONST f-/J-. . :1 :~.i) :., ,~ ',~~~~~~: J;:;~;~: i;t!\~,~~ou~~i1~~ ,AMOUNTQF':'.,. $ S /L/ :'iNSURANCE"- 0 0 (/ 0 T r;J a4i oar:; 00 ~ -:9 ".' ',:';\1_':", ,'-\,";: 'YES: "PREMIUM AUTOMATIC NO.DEPRECIATION SffilEMENT PLAN (BAOADCOVER & EXTRACOVER ONLY) -0 -0- - DWElUNG';REPLACEMENT COST GUARANTEE IEXTAAC{)VER ONL'1 . 0 REPLACEMENT COST SffilEMENT ON PERSONALPROPERTY . .0 'I~ 12.' OTHER COVERAGESm_ ~- ':-,'. ~' T,'" c". " '1c. ~.j-" .. ...:..;.,.. m" 10. SEWER'OR qRAIN BACK;UPCOVERAGE OESfRED? 0 $100 OED 0 $2::0 OED, 0 APPROVED F\RE' OR BURGLAR ALARM Cfl,EOlT? . ~% 010% J!! EJf;THEN HOME CREDIT 0 $ $/31 $ .3S- /0 . '1(.JV ~CR -----:-CR l''BA:SfC::'ANNUAC -- "--:;,,,,PfU~f.1IYM_l.; $ /39 -ADO'L:ANNUAL :"".TOTAL''ANNUAL PB~~.N.~- "" ~';., .. _P.~~~tUM 11. IS APPLICANT CONOUCTING ANY BUSINESS OR OCCUPATIONAL PURSUITS AT THE P8EM1SES? 0 YES ~O IF SO WHAT? -,~,,-- LESS PAYMENT s 0 S OAC . BILL No. S CASH BALANCE H.D. USE: FOAMS ACCEPTED Im.t[__ .. .......................,..........___....._.........._..._M._...... ......_..m.........."......._ __ ___ ___ ___ ___m_:~~-B?~~;2~~\\<.~~~~:.::~2~~}<;.';~_ ~+Eoic;;~~b RV .........,..C..~.~i....,........h-_. ,~-'....;.."\. ""~:""'...,'i~,',~ _'c" ',. ~~c",":. ")~-.QW~N~':RE~~C~ ,:;~..Get~MPLJI~TION~,:': . ~:'{Refet.tO'J:lomt.' <;:~if~}l~tQ~: ;l,?_,!"~L UNIT COUNT" (iABLEA + TABLE B).. 3<1 0111 0 IV:;. :Ebf!'Etl~T 0_28 02C URRENT MARteq VALUE 00 CONSTRUCTION C~S BASIC 0 ! ~II :ASEC070s00~OC^.TI~rrrp~'~R _ - sa. FT. CjF;fJRST-FLOOR AREA (IF AVAILA. BlE) 7DO, , . '-'-':':"""-'~- ,..- Yf?,\R_. ...:'-.:"'; PLUMBING ", MOO;RNIZE.DL -0 APARTMENT- o CONDOMINIUM o PARTIAL CENTRAL HEATING o NONE FtNG .; .. o ECONOMY_ _ OSTANQJi.RD P L~~.l!RY DOES PREMISES HAVE: 'WOOD BURNING STOVE? :---SPACE HEATER? KEROSENE HEATER? OYES..jdNO g .:.g IF YES Fo,R SPACE QRKEROSEN MFG_ NAME UL USTED? "'O"YES-~":" I::i"NO" 8.. ~'c5'~R^oRg~~T~~A~;g&~N.O~~~?-Fi,.. T,-~~;rtf... ;:C;7~ ~p GIVE HP.. LENGTH (Fl)~ SPEED MPH, ,," ~ ',' '. ..... tJ SAILBOAT 26 FT, OR MORE: GJV LE: - T' .~_..., AUXtU~AY'MOTOA? -- ej-YES' . 0 NO , 'f'-:';':;: UEST THAT COVEfiAGE YES: 'G,!VE REf.SON- HAS AP~ANT HAD ANY LOSS, SUCH AS FIRE, WINDSTORM THEFT, UABILlTY, ETC. ON THIS ORANY OTHEiR..PI;\OPfRTY ~YES 0 NO IF YES, DESCRIBE LOSS (DATE, AMOUNT, CAUSE, ETC.)_....____.:.........m.............................L~\.t.!.iL...... ................... ......._....._........ .:..:~..~....i_ RING LAST 5 YEARS? .,.J ...................".....,..,....".-....,.- < , J8NELRY :~UNS lLVEAWAAE $.; DESIRE SUCH COVERAGE " \ $ ~~ WEST-VALAW REQUIRES THAT MINE SUB. ~I CE COVERAGE BE OFFERED WITH THJS POLICY &:Wij;;;:s-~.'~:k.J:);- '" .r s ..f;;!f?!.. ...."-.. ., 24. EXPLAIN ,TO .. . 'A.PPt.JCANT BY ACCEPTANCE OF THIS POLICY, THE APPUC~NlAl',iREES)O r:~WE THEAMOUNIS OF INSU~ANCE ADJUSTED IN CCORDANCE WITH NATIONALLY RE0::>3NIZED INDEXES TO HELP OFFSET l1-IE EFFECTS OF INFLATION For and in Consideration olllle benefits 10 be derived therefrom and the covenants herein contained, tlle uf\derslgrlOO Subscriber hereby covenants and agrees wittlthe other S bscribers at Erie In.' SUrilllce EJechaoge and their. and each of their, Attorney-in.Fact, the Erie lndemnity Company, a corporation under the laws 01 ttle Stale of Pennsylvani~ <IS tollows' . Flrst: The Subscriber agrees to pay the premium deposits proVided lor in policieS issued to and accepted by the Subscriber, and to exctlange with o.ther Subscribers reciprocal inter-(f1~/.;iiO\lCe COft. tracts or policies providing insurance among themselves for any loss inSured againsl, as provided by Acts of Assembly, and sel lorth in sa'ld policies 01 insurance. Secor1d: Ttle Subscriber hereby designates, constitutes and appoints the said Erie Indemnity C(NTIp<llly, hereinal1er called "Attorney", to be Attorney-in-fact lor Subscriber and in ubscriber's name, place and stead to do alllhings which he-stle-ltley, Subscriber or Subscribers, might or CO\.IIO,OO with reference to any policies made hereu'nder or; any 'renewalS or transfers thereof, and spedally to e";/.. ctlange policies w\111 Subscribers at Erie Insurance Exchange; and in lhe Subscriber's Ilame 10 make, issue, modify or cancel policies lt1erelor containingsuctl terms, warranties and .1g menls as Atlomey. in.Fact ShaH deem best; to procure reinsun>l\ce', loco\lect, receive and receipt tor aU money due from orto be credited to the Subscriber's account by reason 01 sucl1 policies; to give, w ve or receive all notices or prools of loss; to adjust and se1lle ail losses and Claims under Subscnber's policies; 10 appear for, compromise, prosecule, de-lend or adjust any Claif'!1s:'suits.oi- pfoceedil1gs SubsenbEir's policIes; to oo;:my act wllh reference to Subscriber's liability under said poliCies, whlc,! Subscribercouldjo, 'Mth P?""el 01 subStitution. The pOwer ot <!-Homey hereby giver1 is stnclly lirr>teclto me uses and purposes herein expressed and to tl'1e provisions, agreements and conditions contained in the policies iSSUed tlereunder and any renewals Of tfimslers theteol.lhe SuOscriber lurther ag ees 10 execute and deliver to lhe Allomey-in.Fact all papers necessary to carry oul the purpose aruj prO\'isions hereof. _ .';; _ .. ., - Third: Subscriber agrees ttlatup to twenty.five per centum (25%) ollhePremiums may be retained by BI1c\ paid 10 tM Erie Indemnity Compan{as compensation for and iLl cOllsi ration of ile becom. ing Allomey,in.Pacl ror Subscrit:!er a.f(m::saic!. TM remainder 01 said prerTliums shall be applied to, the payment ,01 losseS,;aditJstmer'lr eXDeI15eS, legal s...penses, court costs, and reinsur e, or repaid to tile .bscriberasprOVldedlllsaidpolic:i~s:.E-,..,.... '" ,,-'.t; " ~.'_.~"'" .'" _ , ", , _ . ThIS .agmement can be signed.upon any number of Counlerparts with the saITIl:'!effecl as if t,he signature 01 alfsubscribers were upon one and the same Inslrument. and whereve the word Subscriber IS USed the same shall mean Subscnber Qr Subscribers to ttllS or aJ:iy duplicate agreement. and shall be and IS binding upon the partles hereto 11Ielr Srecutors,'-Admmistralors, Succes-so and Assigns severally and ratably as prOVided In said policles~. - 1 certity that, toth'OO"OfmYkCOW':;;:;;:~OO';C\hi',:Pli"li01t Date '9~-f SUBSCRIBER {APPLICANn In witness whereor the Subscriber hereto sets his hand and seal_ WARNING; You may submil risks thai have been previously cancelled or decli risk until after our illvesHgation is comr.1C~ lind 1he risk acceptable:' Doyou consider. this an acr:I'!nt"hli> L? ( ^"^_"_ ,,-, wrer lor our consideration. However, YOll m Y no~ bin~ such a .- iPPJII)#/ Ultracover Insurance Policy , --.. ...-..-......--........-.-..-....-..-......;.,.,.;....'Ut;ta::;At1A:(:IU~-.........-... '-'" 8ILDECH 11(0.1 I ERIE \il' INSURANCE ~ GROUP ~ 100 Erie Ins_ PI ERlE Ene, PA 16530 . ERIE INSURANCE E HOME PROTECTOR ULT CHANGE POLICY COVER CONTINUATION NOTICE L1CYNUMtlER.. ........ AA7631 N SCOTT WORRALL & PATRICIA A WORRALL 143 RISSER ROAD BAINBRIDGE, PA 17502-9401 AS LISTED BELOW OR ON REVERSE SI E AGENT - CONSUMERS INS AGY INC. ***** 240 S. 18TH STREET AGENT PHONE - (717) 763-7631 CAMP HILL PA 17011 551 COVERAGE BEGINS AND ENDS AT 12.01 AM STANDARD TIME AT THE LOCATION F THE INSURED PROPERTY. UNTIL TERMINATED, THIS POLICY WILL CONTINUE IN ORCE. LOCATION OF RESIDENCE PREMISES IF OTHER THAN STATED IN ITEM 1 OR IF SPECIFIC DESIGNATION IS NEEDED. ZIP CODE - 17502 LANCA CO PROPERTY INFORMATION - PRIMARY RESIDENCE, YEAR OF CONSTRUCTION 1985 FRAME, PROTECTION CLASS C. PROPERTY IS OVER 2000 FEET FROM A FIRE HYDRANT AND WITHIN 5 MILES F A RESPONDING FIRE DEPARTMENT. AUTOMATIC ADJUSTMENT OF COVERAGE WAS APPLIED. YEARLY INCREASE ON DW G IS 7%. THE AMOUNT OF INSURANCE APPLYING TO THE DWELLING IS THE REPLACEMENT COST AT THE TIME OF THE LOSS. AMOUNT OF INSURANCE $ 140,000 $ 28,000 $ 105,000 LOSS SUSTAINED NOT TO EXCEED 12 CONSECUTIVE MO THS SECTION II - HOME AND FAMILY LIABILITY PROTECTION PERSONAL LIABILITY - EACH OCCURRENCE MEDICAL PAYMENTS TO OTHERS - EACH PERSON PREMIUM CHARGE FOR INCREASED LIABILITY LIMITS FULL TERM PREM~UM FOR THIS RESIDENCE - - FULL TERM ADDITIONAL COVERAGE PREMIUM - - - TOTAL PREMIUM FOR THIS POLICY - - - - - - - - - SECTION I DEDUCTIBLE $ 100. APPLICABLE FORMS - 2005 02/01, HP-PA 02/01, UF8705 06/96*, UF6523 08 98*, UF9013 03/04*, HP-FP 02/03, UF3389 03/04*, UF3380 06/03*, HP-GN 05/0 * UF3411 05/04*, HP-AAN 01/97, UF2106 05/01*. SECTION I - PROPERTY DWELLING OTHER STRUCTURES PERSONAL PROPERTY LOSS OF USE PROTECTION $ PREMIUMS 555.00 $ $ 500,000 1,000 $ $ $ $ 20.00 575.00 28.00C 547.00 01 <;<1q1 C!'C"1O' 'D'C"Tf&''D c.~ (:0 T'I"\.",,", WHERE TO LOOK IN YOUR POLICY AGREE:VIE"'iT . . . . . . . . . . . . . . . . 4 ERIE INSURANCE EXCHANGE ." . . . . 4 ERIE INSURANCE PROPERTY & CASUALTY COMPANY . . . . . . . . 4 DEFNITIONS .....4 ADDITIONAL ERIE INSURANCE EXCHANGE DEFINITIONS .......... 5 ADDITIONAL ERIE INSURANCE PROPERTY & CASUALTY COMPANY DEFINITIONS . . . . . . . . . . . . . 5 WHEC'I AND WHERE THIS POLICY APPLIES . 5 PROPERTY PROTECTION -- SECTION I 6 DWELLING COVERAGE OUR PROMISE .... .. . . . . . . . . . 6 6 OTHER STRUCTURES COVERAGE .... 6 OUR PROMISE ................ 6 PERSONAL PROPERTY COVERAGE ... 6 OUR PROMISE ................ 6 SPECIAL LIMITS -- PERSONAL PROPERTY .................... 7 LOSS OF USE COVERAGE _. _ . . . . . . . 7 OUR PROMISE .... _ . . . . . . . . . . . 7 PERILS WE INSURE AGAINST .. _ . . . . 7 WHAT WE DO NOT COVER -- EXCLUSIONS _........ _ . . . . . . . . . 7 WHAT WE ALSO PAY ........... _ . 9 (I) AUTOMATIC GARAGE DOOR OPENER . . . . . . . . . . . . . . . 9 (2) COLLAPSE ......... _ _ . . . . . . 9 (3) CREDIT CARD, CHARGE PLATE, CHECK FORGERY AND COUNTERFEIT MONEY PROTECTION ................ 10 (4) DEBRIS REMOVAL AFTER LOSS . 10 (5) EMERGENCY REMOVAL OF PROPERTY _ _ _ . . . . . . _ _ _ . . . .. 10 (6) FIRE DEPARTMENT SERVICE CHARGES . _ . . . . .. 10 (7) FIRE EXTINGUISHER RECHARGE 10 (8) LOCK REPLACEMENT AFTER LOSS . . . . . . . _ 10 (9) LOSS ASSESSMENT 10 (10) MECHANICAL SERVANT AND ROBOT PROTECTION _ _ . . . 11 (II) NON-OWNED RESIDE CES II (12) ORDINANCE OR LAW COVERAGE . . . . . . . . . . _ 11 (13) TEMPORARY REPAIR AFTER LOSS ...................... II (14) TREES, SHRUBS, PLAN SAND LAWNS .. _ _ . . . . .. ... _ . .. 11 DEDUCTIBLE II RIGHTS AND OlrnES -- COND[fH S u SECTION I ..' _ . . . . . . . . . . . . . _ . . . . _ 1] (1) ABANDONMENT OF PRO ERTY " II (2) APPRAISAL ...... - . . . . - - . .. II (3) AUTOMATIC ADJUSTMEN OF COVERAGE AMOUNTS ..... _ .. . _. ]2 (4) ERIE OPTION _ . . . . . . . . . . .. 12 (5) GLASS REPLACEMENT .. ...... 12 (6) INCREASE OF HAZARD . ...... 12 (7) LOSS PAYMENT ...... .... _. ]2 (8) LOSS SETTLEMENT . _ _ . _ . . . _ .' 12 (9) LOSSTOAPAIRORSET _ _... _. 13 (10) MORTGAGE CLAUSE ......... 13 (II) NO BENEFIT TO BAILEE ....... 13 (12) OTHER INSURANCE .......... 13 (13) PERMISSION GRANTED TO au . 13 (14) RECOVERED PROPERTY . . . .. 14 (15) SUIT AGAINST US ..... ..... 14 (16) WHAT TO DO WHEN A LOS HAPPENS .. _ . . . . . . . . . . . . . . . . .' 14 HOME AND F AMIL Y LIABILITY PROTECTION -- SECTION II .......... - 14 BODILY INJURY LIABILITY COV RAGE 14 PROPERTY DAMAGE LIABILITY COVERAGE ............. _ 14 OUR PROMISE .. _ 14 PERSONAL INJURY LIABILITY COVERAGE ... _. _ . . . . . 14 OUR PROMISE . . . . . . . 14 MEDICAL PAYMENTS TO OTHER COVERAGE .. _ _ . . . . . . 15 OUR PROMISE _ _ . . . _ 15 2 . WHAT WE DO NOT COVER -- EXCLUSIONS ................,. 15 WHAT WE ALSO PAY ............ 16 (I) CLAIM EXPENSES .... . . . . . .. 17 (2) DAMAGE TO PROPERTY OF OTHERS ................... 17 (3) FIRST AID EXPENSES .... 17 (4) LOSS ASSESSMENT - PERSONAL LIABILITY COVERAGE ONLY ... 17 RIGHTS AND DUTIES -- CONDITIONS- SECTION II ...................... 17 (1) DUTIES OF AN INJURED PERSON - MEDICAL PAYMENTS TO OTHERS COVERAGE .............. 17 (2) LIMITS OF PROTECTION ...... 17 (3) OTHER INSURANCE - PERSONAL LIABILITY COVERAGE ......... 18 (4) SUIT AGAINST US ........... 18 (5) WHAT TO DO WHEN AN OCCURRENCE, OFFENSE, CLAIM OR SUIT HAPPENS ............... 18 RIGHTS AND DUTIES -- GE,'\/ERAL P LICY CONDITIONS -- SECTION I & II ......... 18 (1) ACCOUNTING .......... ]8 (2) ASSIGNMENT . . . . . . . . . . . . 18 (3) BANKRUPTCY OF ANYON WE PROTECT ............ ..... ]8 (4) CANCELLATION ..... ..... 19 (5) CONCEALMENT, FRAUD 0 MISREPRESENTATION ......... 19 (6) CONTINUOUS POLICY ....... 19 (7) COOPERATION ............ ]9 (8) HOW YOUR POLICY MAY E CHANGED .................. ]9 (9) OUR RIGHT TO RECOVER ROM OTHERS .......... 19 (10) PRIORITY .......... ]9 (II) SURVIVORS' COVERAGE ..... 20 (12) TIME OF INCEPTION 20 3 ERIE INSURANCE GROUP is proud to present this Ultracover HomeProtector Policy. Thi 'Qetween YOU and The ERIE consists of this policy with coverage agreements, limitations, exclusio Declarations, plus any endorsements. It is wri1ten in plain, simple terms so it can be easily underst to read this policy. important contract s and conditions, a ad. We urge YOU This policy contains many XTRA PROTECTION FEATURES developed by The ERIE. Wher in the margin of this policy, YOU receive XTRA PROTECTION, either as additional coverage 0 found in most homeowners policies. er an ")(" appears as a coverage not The protection given by this policy is in keeping with the single purpose of our Founders: 'To pr near PERFECT PROTECTION, as near PERFECT SERVICE, as is humanly possible, an LOWEST POSSIBLE COST." ide YOU with as to do so at the JH3REEMEH'I EFdiE ~NSi.J(:~ANCE ~~XC'~.t~NGE In return for your timely premium payment, your com- pliance with all of the provisions of this policy, and your signing of a Subscriber s Agreement with Erie Indemnity Company and other Subscribers, we agree to provide the coverages you have purchased. Your coverages and amounts of insurance are shown on the Declarations, which are part of this policy. Your signing the Subscriber's Agreement, which includes a limited power-of-attorney, permits Erie Indemnity Company, as Attorney-in-Fact, to make reciprocal insur- ance contracts between you and olher Subscribers and otherwise manage lhe business of the Erie Insurance Exchange. This power-of-attorney applies only to your insurance business al the Exchange and is limited to the purposes described in the Subscriber's Agreement. Your responsibility as a Subscriber is determined by this policy and the Subscriber's Agreement. This policy is not assessable. You are not liable for the losses of other Subscribers. Throughout your policy and its endorsements the fol- lowing words have a special meaning when lhey appear in bold type: . "'aircraft" means any machine or device capable of atmospheric flight except model airplanes. . "anyone we protect" means you and the following residents of your household: 1. relatives and wards; 2. other persons in the care of anyone we protect. Under Home and Family Liability PrO/eclion, anyone we protect also means: 3. any person or organization legally responsible for animals or watercraft which are owned by you, or any person included in 1. or 2., and covered by this policy. Any person or organization using or having custody of these animals or watercraft in the course of any business, or without pennis. sian of the owner is not anyone we protect; 4. any person with respect to any vehicle covered by this policy. Any person using or having custody of this vehicle in the course of any busi- This agreement is made in reliance on the information you have given us, and is subject to all e terms of this policy. This policy, all endorsements to it, and he Subscriber's Agreement constitute the entire agreeme t between you and us. ?R(.J(}IEF,1Y 8! j A,SUAt TY In return for your timely premium pay ent and your compliance with all of the provisions of his policy, we agree to provide the coverages you ha e purchased. Your coverages and amounts of insurance are shown on the Declarations, which are part of this po y. This agreement is made in reliance on th information you have given us, and is subject to all the terms of this policy. This policy and all endorsements to it c nstitute the entire agreement between you and us. ResS use, or without pennission of e owner 18 not anyone we protect. . "bodily injury" means physical harm, sickness or disease, including mental anguish or res ting death, but does not include: 1. any communicable disease or cond tion trans- mitted by anyone we protect to any 0 her person through a parasite, virus, bacteria 0 any other organism. 2. the exposure to or transmission of y disease, parasite, virus, bacteria or other or anism by wyone we protect to any other person . "business!' means any full-time, part-time or occa- sional activity engaged in as a trade, pro es&ion or occupation, including fanning. . "Declara.tions" means the form which sh coverages, amounts of insurance, premiu and other information. This form is p policy. Declarations mc1ude forms titled Declarations, Renewal Declarations, Revis rations, Reinstatement of Coverage, Dupli te Dec- larations, New Declarations or Continuation Notice. 4 . "insured location" means: L the residence premises; '2. the part of any other premises, other structures, and grounds acquired by you during the policy period which you intend to use as a residence premises ; 3. any premises used by anyone we protect in con- nection with premises included in L or 2.; 4. any part of a non-owned premises: a. where anyone we protect is temporaruy residing; or b. occasionally rented to anyone we protect for non-business purposes; 5. vacant land, other than farmland, owned by or rented to anyone we protect; 6. land owned by or rented to anyone we protect on which a one or two family residence is being built for occupancy by anyone we protect; 7. cemetery plots or burial vaults of anyone we protect. . "medica.l expense" means reasonable charges for nec- essary medical, surgical, x-ray and dental services, including prosthetic devices, eyeglasses, contacts, hearing aids and pharmaceuticals; and also includes ambulance, hospital, licensed nursing and funeral servlces. . "occurrence" means an accident, including contin~ uous or repeated exposure to the same general harmful conditions. . II personal injuryll means injury arising out of: I. libel, slander or defamation of character; 2. false arrest, wrongful detention or imprisonment, malicious prosecution, racial or religious discrim- ination, wrongful entry or eviction, invasion of privacy, or humiliation caused by any of these. . "property damage" means: I. physical injury to or destruction of tangible property, including loss of its use. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; 2. loss of use of tangible property which is not physically injured or destroyed. All such loss of use shall be deemed to occur at the time of the occurrence. . "residence employee" means an employee of anyone we protect who performs duties in connection with This policy applies to losses that occur during the policy period. The policy period is shown on the Declarations. Unless otherwise specified on the Declarations, the policy period begins and ends al 12:01 A.M., Standard Time at the stated address of the Named Insured. Property Protection -- Section J. This policy applies to property losses as designated in the specific coverage the maintenance or use of the resi ence premises, including similar duties elsewhere, no in connec1ion wilh the business of anyone we protect . "residence premises" means the dwe where you reside, including the structures and gr unds, or that part of any other building where y u reside and which is shown as residence premises n the Decla- ra tions. . "resident" means a person who physi you in your household. You unemancipated children under age school full-time and living away from considered residents of your household. ., '~'; ''" Di\ ,\:"t\;~:. Iy lives with unmarried, 24 attending ome will be The following words have special meanin in policies issued by Erie Insurance Exchange when t y appear in bold type: . "Subscriber" means the person(s) wh signed the Subscriber's Agreement. . "Subscriber's Agreement" means an agreement, including a limited power-of-attorney, among the Subscribers and the Erie Indemnity C mpany, as Attorney-in-Fact. . 'We", "us" or "our" means the Subscri rs at Erie Insurance Exchange as represented by th ir common Attorney-in-Fact, Erie Indemnity Camp y. . "You", "your" or "Named Insured" me s the Sub- scribers and others named on the Declar ions under Named Insured. Except m the ENERAL POLICY CONDITIONS Section, th se words include the spouse of the Subscriber if a resident of the same household. ;4~'~, The following words have special meaning policies issued by Erie Insurance Property & Casualty Company when they appear in bold type: . 'We)', "us" or "our" means the Erie Insur erty & Casualty Company. . "You", "your" or "Named Insured" ans the person(s) named on the Declarations und r Named Insured. Except in the GENERAL POLl Y CON- DITIONS Section, these words include yo r spouse if a resident of the same household. f'::' ,...., and at the loca1ion(s) insured under this policy. In addi- tion, personal property is covered while loea ed any- where in the world. Home and Family Liability Protection -- Section J. This policy applies to bodily injury, property damage d per- sonal injury losses occurring anywhere in the war d. 5 We will pay for loss to: 1. Your dwelling at the residence premises shown on the Declarations. Dwelling includes attached struc- tures, and building equipment and fixtures servicing the premises. 2. Conslruction material at the residence premises for use in connection with your dwelling. This coverage does not apply to land and water, including natural water, above or below the surface of the ground. We will pay for loss to: I. Other structures at the residence premises separated from the dwelling, including garages, fences, shelters, tool sheds or carports. Structures connected to the dwelling by only a fence, utility line, or similar connection are considered to be other struclures. 2. Construction material at the residence premises for use in conneclion with your other structures. We do not pay for loss to structures: I. used in whole or in part for business purposes (except rental or holding for rental of struclures used for private garage purposes); or 2. used to store business property. However, if the business property is solely owned by anyone we protect, we do provide coverage for the structure. The business property may not include gaseous or liquid fuel, unless the fuel is in a fuel tank that is permanently installed in a vehicle or craft which is parked or stored in the structure. This coverage does not apply to land and water, including natural water, above or below the surface of the ground. .'';.- We will pay for loss to: I. Personal property owned or used by anyone we protect anywhere in the world. 2. At your option, personal property owned by olhers while the property is on your residence premises. 3. At your option, personal property of: a. guests and residence employees while the prop- erty is in a residence occupied by anyone we protect; b. residence employ"",s away from the residence premises while aClually engaged in the ervice of anyone we protect. 4. At your option, building additions, altera' ons, fix- tures, improvements or installations ade, or acquired at your expense, by you to reside ces occu- pied by, but not owned by you, for an aunt not exceeding 10% of the amount of insur ce under lhis coverage. Payment will not increase he appli- cable amount of insurance under this polic 5. Cemetery property, including m numents, headstones, gravemarkers, and urns. 6. Animals, birds and fish, but only while 0 the resi- dence premises, for the following perils to the extent covered under Perils We Insure Against: [, e or light- ning, windstorm or hail, explosion, sonic oom, riot or civil commotion, aircraft, vehicles, oke and vandalism or malicious mischief. 7. Electronic apparatus and equipmenl: a. while in or upon a motor vehicl or olher motorized land conveyance; and b. if the electronic apparatus is equi ed to be operated by power from the electric system of the vehicle or conveyance while r taining its capability of being operated by othe sources of power. Eleclronic apparatus includes cellular hones, fax machines, radios, lape and disc players, similar equipment or devices for the recording, r roduction, receiving, or transmitting of sound or pic ures. Elec- tronic apparatus also includes accesso es used in conjunction with such apparatus, inclu . g antennas, tapes, wires, records, discs or other medi . When there is loss of tapes, compact dis s or similar media by theft from a motor vehicle or ther motor- ized land conveyance, we will pay up to 150 for the tapes, compact discs or similar media. We do not pay for loss to: 1. Land motor vehicles and parts. a. We do cover vehicles not subie t to motor vehicle registration which are: I) Designed to assist the handicap ed; or 2) Used solely to service the reside ce premises. 2. Aircraft and parts. 3. Electronic apparatus and equipment w . ch is solely powered from the electrical system of otor vehicles or any other motorized land conveyanc s. 4. Property rented or held for rental to olhers away from the residence premises. 5. Property of roomers, boarders or ten s not related to anyone we protect. 6. Any of lhe following: a. Books of account, drawings, or olher paper records containing business data; b. Electronic data processing tapes, discs, or other software media co ness data. This includes business computers and related equipment. However, we do cover the cost of blank records or media. 7. Radar deteclors. 8. Property specifically insured by this or any other msurance. ires, records, taining busi- ata stored in exposed or 6 9. Except as provided under Special Limits n Personal f'roperty, property pertaining to a business conducled away from the residence premises unless at the tune of loss such property is on the residence premises. However, we do not cover such property on the resi- dence premises while it is stored, held as samples, or held for sale or delivery after sale. 10. Land and water, including natural water, above or below the surface of the ground. Limitations apply to the following personal property. These limits do not increase the amount of insurance under Personal Property Caverage: Total Amount Description of Personal of Insurance In Property Subject to Any One Loss Limitations $500 -Animals, birds and fish $500 -Money, travelers checks, stored value cards, bank notes, bullion, numismatic property, gold other than goldware or gold-plated ware, silver olher than silverware or silver-plated ware, and platinum other than platinumware -Theft, misplacing or losing of trading cards, including sports cards -Accounts, bills, deeds, evidences of debt, letters of credit, noles oilier than bank. notes, passports, securities, tickets, stamps and philatelic property -Trailers and campers not otherwise insured, whether licensed or not -Watercraft, including their trailers, whether licensed or not, furnishings, equipment and outboard motors - Manuscripls -Property pertaining to a business actually conducted on lhe residence premises, including property in storage, held as samples, or held for sale or delivery after sale -Business property away from the res- idence premises, regardless of whether the business is conduc1ed on or away from the residence premises -Theft, misplacing or losing of guns and related equipment. -Theft, misplacing or losing of jewelry, watches, furs, precious and semi-precious stones -Theft, misplacing or losing of silverware, silver~plated ware, goldware, gold-plated ware and pewterware $1000 $2000 $2000 $2000 $2000 $2500 $500 $3000 $3000 $3000 10% of Personal Property Caverage (but not less than $2000) - Personal property usually situated at any residence owned or ccupied by anyone we protect other t an a resi- dence premises. Personal p perty in a newly-acquired principal esidence is not subject to this limitatio for the 30 days immediately after y begin to move property there. If an insured property loss makes your reside ce premises uninhabitable, we will pay all reasonable add tional living expenses while you and members of you household reside elsewhere. Payment shall be for the shortest lime req . ed to repair or replace the premises or, if you choose, fo you to per- manently relocate. These payments will not exceed a 12 month We will also pay for your loss of normal r from the loss, less charges and expenses conlinue while the rented part of the resid is uninhabitable. We will pay this loss of only until the rented part is habitable. ts resulting 'ch do not ce premises ormal rents If a loss from a perij covered under Peri We Insure Against occurs al a neighboring premises, we will pay additional living expenses and loss of norm rents for up to two weeks should civil authorities prohi it you from occupying your premises. These periods of time are not limited by t e expiralion of this policy. No deductible applies to this coverage. We will not pay for loss or expense due to he cancella- tion of any lease or agreement. This coverage also applies to a loss at a covered sec- ondary location. .;" We pay for direct physical loss to property' sured under the Dwelling, Olher Structlffes and Pers al Property Caverages, except as excluded or limited her in. ("j :,:;r~j~8 Under the Dwelling, Other Slrucllffes and rsonal Prop- erty Coverages: We do nol pay for loss resulting directly or indirectly from any of the following, even if olher e ents or hap- penings contributed concurrently, or in se cnce, to the loss: 1. by collapse, other lhan as provided in hat We Also Pay, (2) Collapse. 7 .'~ 2. caused by freezing by temperature reduction of a plumbing, heating, air conditioning, gutters and drain spouts, or fIre protective system, or of a household appliance, or by discharge, leakage or overilow from within lhe system or appliance caused by freezing, while the dwelling is vacant, unoccupied or being construcled. There is coverage if you have used reasonable care to: a. maintain heat in the building; or b. shut off the water supply and drain the system or appliances of water. 3. by freezing, thawing, pressure or weight of water or ice, whether driven by wind or not, to a fence, pave- ment, patio, deck, swimming pool, foundation, retaining wall, bulkhead, pier, wharf or dock. 4. caused by constant or repeated seepage or leakage of water or steam over a period of weeks, months or years from wilhin a plumbing, heating, air condi- tioning, or fIre protective system, or a household appliance. However, there is coverage if the loss is sudden and accidental. 5. caused by: a. termiles, vermin, insects, rodents, birds (except glass breakage), skunks, raccoons, spiders or repliles; b. mechanical breakdown, deterioration, wear and lear, marring, inherent vice, latent defect, tree roots, rust, smog; wet or dry rot, mold, fungus or spores; c. lhe discharge, disposal, release or escape of any solid, liquid, gaseous or thennal irritant, pollutant or contaminant, including smoke, vapors, soot, fumes, acids, alkalis, chemicals and wasle. Waste includes malerials to be recycled, reconditioned or reclaimed; d. smoke, unless the loss is sudden and accidental. Smoke from agricultural smudging or industrial operations is not covered even if the loss is sudden and accidental; e. bulging, cracking, expansIOn, settling or shrinking in ceilings, foundalions, floors, patios, decks, pavements, roofs or walls. If a. through e. cause water damage not otherwise excluded, from a plumbing, heating, air conditioning, or fire protective system, household appliance, waterbed or aquarium, we cover loss caused by the water. Coverage includes the cost of tearing out and replacing any part of a building necessary to repair the system or appliance. This does not include loss to the defective system or appliance (other than a waterbed or aquarium) from which the water escaped. 6. caused by animals or birds kept by anyone we protect or kept by a residence employee of anyone we protect. 7. by theft of property from within a dwelling under construction unless that property has become a part of the building, or of materials and supplies for use in the construction until the dwelling is completed and occupied. Under items 1. through 7. any ensumg loss not excluded is covered. 8. by earth movement, due 10 nalural or manmade events, meaning earthquake, including land shock waves, or tremors before, during, or ler a volcanic eruption, mine subsidence, sinkh Ie, landslide, mud slide , mud flow, earth sinking, ris' g, or shifting. Direct loss by fIre, explosion, somc oom, theft or breakage of glass resulting from e h movement, mine subsidence, sinkhole, landslide, udslide, mud flow, earth sinking, rising or shifting is covered. 9. by water damage, meaning: a. flood, surface water, waves, tides, tidal water or overilow of a body of water. W do not cover spray from any of these, whethe or not driven by wind; b. waler or sewage which backs up hrough sewers or drains or water which enters to and over- flows from within a sump pum , sump pump well or any other system desi ed to remove subsurface water which is drained from the foun- dation area; or c. water below the surface of th ground. This includes water which exerts p essure on, or flows, seeps or leaks through y part of a building or other structure, incl ing sidewalks, driveways, foundations, pave ents, patios, swimming pools or decks. We do pay for direct loss that follow, caused by fIre, explosion, sonic boom or theft. 10. by power interruption if the interru away from the residence premises. pay for loss to the contents of refri units on the residence premises, fro mechanical failure (other than conle ness purposes). If a loss from a pe Perils We Insure Against happens premises as a result of a power inte ises we will cover only loss caused b will pay for loss caused by a po occurring on the residence premises. by war, whether declared or undec1 a nuclear weapon (even if accid warlike action in time of peace or rebellion, revolution, civil war, including action taken by governm defending against such an occurrenc by nuclear action or radiation or ra ioactive contam- ination, however caused. Nude action includes nuclear reaction, discharge, radiati n or radioactive contamination. whether manma e or occumng naturally. Loss caused by nuclear action is n t considered loss by fire, explosion, sonic boom or s oke. If loss by fIre results, we will pay for that resulting loss. by radon gas contamination. by the enforcemenl of any ordin ce or law regu- laling the construction, repair or demolition of a building or other structure, unles speciJically pro- vided under this policy. We do co er loss caused by actions of civil authorities to preve t the spread of a f]fe caused by a peril covered unde Perils We Insure Against. by neglect of anyone we protect to use all reasonable means to protect covered propert at and after the time of loss or when property is t eatened by a peril covered under Perils We Insure A inst. by intentional loss, meaning any 1 55 arising from an act committed by or at the direc ion of anyone we protect with the intent to cause a 1 5S. ion takes place owever, we will rator or freezer either power or ts used for busi- covered under n the residence ption off prem- that peril. We er interruption ..;,,' .C ,'" 11. ed, discharge of tal), hostile or ar, insurrection, surped power, tal authority in 12. l3. 14. 15. 16. 8 17. by acts or decisions, including the failure to act or decide, of any person, group, orgaruzatlOn, or gov- ernmental body. 18. 19y the destruction, confiscation or seizure of prop- erty by order of any governmental or civil authority. We do cover loss caused by actions of governmental or civil authorities to prevent the spread of a fire caused by a peril covered under Perils We Insure Against. . . 19. by the inability to correctly process, recogrnze, dls- linguish, interpret or accept any date or tnne for loss or damage to electronic data processing equipment, compuler networks, computer hardware (including microprocessors either as part of a computer system or operating outside of a system), computer pro- grams, software, media or data. We will not pay for: a. any repair, restoration, replacement or modifica- tion to correct any deficiencies or change any features or functions; or b. loss or damage, regardless of when the eleclronic data processing equipment, computer hardware, computer programs, software, media or data were purchased, oblained or installed. Under the Dwelling Coverage and Other Struclures Cov- erage: We do not pay for loss: I. by weather conditions if any peril excluded by this policy conlributes 10 the loss in any way. 2. caused by, resulting from, contributed to or aggra- valed by faulty or inadequate a. planning, zoning, development; b. design, development of specifications, workman- ship, construction; c. materials used in construction; or d. maintenance; of property whether on or off the residence premises by any person, group, organization, or governmental body. Under the Personal Property Coverage: We do not pay for loss: I. caused solely by breakage of eyeglasses, glassware, statuary, marble, bronzes, bric-a-brac, porcelains, jewelry, watches, cameras, photographic lenses and similar fragile articles. There is coverage for breakage of the property by or resulting from fire, lightning, windstorm, hail, explosion, sonic boom, riot or civil commotion, aircraft, vehicles, smoke (unless caused by agricultural smudging or industrial operations), vandalism or malicious mischief, theft including attempted theft, water unless otherwise excluded, and sudden and accidental tearing apart, cracking, burning or bulging of a steam, hot water or air con- ditioning syslem. 2. by dampness of atmosphere or extremes of temper- ature unless the loss is directly caused by rain, snow, sleet or hail. 3. by damage to property (other than jewelry, watches and furs) being refinished, renovated or repaired. 4. by collision (other than collision with a land vehicle), sinking, swamping or stranding of watercraft including their trailers, furnishings, equipmenl and outboard motors. 5. by seizure, destruction or confiscation order of any government or public authority. 6. by theft while at another dwelling or adj cent struc- tures owned by, rented to, or occupied b anyone we protect unless anyone we protect is emporarily re siding there. Property of a student we prolect is cove d while at a residence away from home. This COy rage is not subject to the 10% of Personal Proper Coverage lirnil under Special Limits - Personal Pro erty. Theft losses must be promptly reported t us and to the police. We will pay for direct physical loss to ins d property involving collapse of a building or any part 0 a building. Collapse means the sudden caving in or fal1in down of a building or part of a building. Collapse of a uilding, or part of a building must result in the inab 'ty of that property to be used for its current intended p rpose. Collapse does not include: I. a building or part of a building that is i collapsing; 2. a building or part of a building that is st if it shows evidence of crackmg, bul . bending, leaning, se1tling, shrinkage, exp 3. part of a building still standing but i a1tached to anolher part of the building. We will pay up to $500 for loss to person including the garage door, at the residen resulting from the use or malfunclion of garage door opener. property, e premises automatic danger of ding even g! saggmg, Sian; or no longer Loss to insured property involving collapse or any part of a building must be caused 0 more of the following: I. fire or lightning, windstorm or hail, expl sion, sonic boom, riot or civil commotion, aircr t, vehicles, vandalism or malicious mischief, break e of glass, falling objects, or weight of ice, snow or leet; 2. hidden decay, or hidden insect or vermin damage not known to anyone we protect prior to the ollapse; 3. weight of people, animals, contents or eq 'pment; 4. weighl of rain which collects on a roof; 5. use of defective materials or metho s m con- struction, remodeling, or renovation if he collapse occurs during the course of the construe 'on, remod- eling or renovation. We will not be liable for loss under 2., 3., 4. r 5. above to the following property unless the loss is a direct result of the collapse of a building or any part of a uilding: Cloth awning, fences, pavements, patio, swimming pools, decks, underground pipes, fl es, drains, cesspools, septic tanks, foundations, ret . . g walls, bulkheads, piers, wharves or docks. 9 Payment will not increase the amount of insurance applying to the loss. --, ,,~ '';:~-'"': ,1P,:~ (',4t::'~>(" fORGERY '-, ;: jU~'J '\~: We will pay up 10 $2500 for the legal obligation of anyone we protect to pay because of theft, forgery or unauthorized use of any credit or fund transfer card, charge plate, check or negotiable instrument issued to or registered in the name of anyone We protect. We will also pay for loss each time anyone we protect unknowingly accepts counterleit money. No deductible applies to this coverage. We require evi- dence ofloss. 't We will not pay for: I. loss arising from any business; 2. loss arising from anyone we protect. When loss is discovered, anyone we protect must give us immediate notice_ If the loss involves a credit or fund transfer card or charge plate, anyone we protect must also give immediate notice to the issuer of the card or plate. Failure to comply with the terms and conditions of the card or plate voids this protection. ]f a loss occurring during the policy period is discovered within a year after the policy has been cancelled, we will pay for the loss. Jf a prior loss is discovered during the policy period and no other insurance applies, we will pay for the loss. We have the right to investigate and settle any claim or suit before making payment. Full payment of the amount of insurance ends our obligation under each claim or suit. Repeated losses caused by or involving one person are to be considered one loss. If a claim is made or suit is brought against anyone we protect for liability under lhe Credit Card or Charge Plate Protection, we will provide a defense. The defense will be at our expense, with a lawyer we choose. We have lhe option under the Check Forgery Prolection to defend at our expense anyone we protect or their bank against a suit for the enforcement of payment. We will pay the expense for removal of: I. debris of covered property following loss under Perils We Insure Against; 2. ash, dust or particles from volcanic eruption that has caused direct loss to a building or property within a building; or 3. fallen lrees which cause damage to covered property, provided coverage is not afforded elsewhere by lhis policy. If the amount of insurance applying to the loss is exhausted, we will pay up to an additional 5% of the amount of insurance applying to the damaged property for removal of debris. We will also pay up to $1000 per occurrence with a limit of $500 per tree for the removal of fallen tree on the res- idence premises if loss is caused by windst rm, hail or weight of ice, snow or sleet even when cove ed property is not damaged. _':i\i1[n',~E;~~-:u-"f REtvlC"/;\c.. .,:;,:.;= i)P'~l?~?;~ We will pay for property damaged in an way while removed from your residence premises beca se of danger from an insured peril. Coverage is limited to a 30-day period from date of removal. Payment will not increase the amount of insurance applying to the los . 'D[E~'f1J:;;;':.';VH~><c.,('f SERViCE CHA.RGE .. We will pay all reasonable fIre depart ent service charges to save or protect insured propert . Payment is in .addition to the amounl of insurance ap lying to the loss. x No deductible applies to this coverage. ';1, ':'::,~_;C~' -i }.J' ,::~:; ~<~ I"~:; 1;>( ,~'f'_:;'4J~ ;'G r.: We will pay expenses incurred to recharge portable lire extinguishers after they are used to fIght a fI e. No deductible applies 10 this coverage. '..' ,,,- g; ~,!>;,;~. RE~::L.:1,i~,:EMIc~::\f-,r _.:lFic'ER .':'~c.ss At your request, we will pay up to $250 t replace keys and locks to the exterior doors of the resid nee premises, as well as keys and locks to your olher pr perty (autos, boats, etc.), if the keys are stolen during a t eft loss. This coverage does not apply to keys and locks pertaining to business property. We will pay for replacement of aulomati garage door transmitters when a transmitter has been stolen. Cov- erage is also provided for the cost to repr gram the fre- quency on additional transmitters and/or t control unit box. "ff' x No deductible applies to this coverage. '..~:S,~ ;'\.',q SES3M::~},rr (Applicable to Section I and Section Liability Caverage Only) I . Personal We will reimburse you for an assessment you as owner or tenant of the residence association or corporation of property any other valid and collectible insurance association or corporation covering the s Under Property Protection . Section I, must result from a direct loss to property the property owners collectively, caused Perilr We Insure Against. Under Sectio Liability Caverage Only, lhe assessment m an occurrence covered under this policy. arged against remises by an wners, minus ailable to the e assessment. e asse ssment owned by all y any of lhe II - Personal st re suit from Unless otherwise shown on the De amount of insurance for this protectio assessment. arations, our is $5000 per 10 If you are assessed for a covered water loss, we will pay your share of the cost of tearing out and replacing any part of an insured location necessary to reparr the system or appliance. The policy deductible applies to each dwelling under Property Protection - Section I only. We will not pay if the loss is caused by earthquake or land shock waves or lremors which occur before, during or after a volcanic eruption. We also will not pay for any loss assessments charged by a governmental body. :";:L,::~\ Pf":f.:',,"";' We will pay up to $500 for loss to personal property at the residence premises caused by malfunction of a mechanical servant or robot. :'i'".,:;:-"r- We will pay up to $1000 for loss by theft and vandalism or malicious mischief to residences occupied by, but not owned by anyone we protect. <"I.;" i;:.}.i' ,j, "",;''''!:f '.....u.i:.:."\.<\:;c If a loss by a Peril We Insure Against occurs to covered property, or the building containing the covered prop- erty, we will pay for the increased costs incurred due to the enforcement of any ordinance or law that is in force at the time of 1he loss up to 10% of the amount of insurance under Dwelling Coverage or $5000, whichever is greater. You may use this coverage for: 1. the construction, demolition, renovation or repair of the portion of the building damaged by a Peril We Insure Against; or 2. the demolition and reconstruction of the undamaged portion of the building if the entire building must be demolished because of damage by a Peril We Insure Against; or 3. the removal or replacement of the undamaged portion of the building because of the repair or replacement of the portion of the building damaged by a Peril We Insure Against; or 4. the removal of debris resulting from the con- struction, demolition, renovation, repair or replace- ment of I., 2. or 3. We are not required to accept abandoned property. Ordinance or Law Coverage does not include c verage for: 1. 10 ss in value to any covered building due to the requirements of any ordinance or law; or 2. the cost 10 comply with any ordinance requiring the testing, monitoring, cle removing, containing, treating, detoxifying, izing, responding to or assessing the effect solid, liquid, gaseous or thermal irritant, po contaminant in or on any covered building. -~: ~\,:l ;::>,", ';,::).), :,~"f a" ~~D ,b, -,:;SA r:"T": :;:?~:_.oS '2' We will pay for reasonable and necessary exp nses for temporary repairs to protect covered prope y from further damage after loss by a peril covered un er Perils We Insure Against. Payment will not inc ase the amount of insurance applying to the loss. A~::_'~C ::r;,~_ ,'i, i-~[> ~,.,)J:V ~\ts We will pay up to an additional 5% of the aunt of insurance under Dwelling Coverage for loss to trees, shrubs, plants and lawns at the residence premis s. Coverage applies only to loss caused by the perils covered under Perils We Insure Agai lightning, explosion, sonic boom, riot commotion, aircraft, vehicles, smoke, vandalis cious mischief and theft. following t: fIre or or civil or mali- We will not pay for: 1. more than $500 on anyone tree, shrub or lant; 2. damage to lawns by vehicles owned or 0 ated by a resident of the residence premises; 3. trees, shrubs, plants or lawns grown for bu 'ness pur- poses. ~bL,::: We will pay for loss minus the deductible sh n on the Declarations. Unless otherwise provided in endorse- ment, in the event of total loss to the Dwel 'ng from a covered peril, the deductible will not apply. The deductible does not apply to: I. Loss of Use Coverage 2. Credit Card, Charge Plate, Check F: rgery and Counterfeit Money Protection 3. Fire Department Service Charges 4. Fire EXlinguisher Recharge 5. Lock Replacement After Loss. ,.,' If you and we fail to agree on the amount of loss, on lhe written demand of either, each party will ch ose a com- petent appraiser and notify lhe other of th appraiser's identity within 20 days after lhe demand is r eived. The appraisers will select a competent and imp ial umpire. If the appraisers are unable to agree upo an umpire within 15 days after bolh appraisers have be n identified, II you or we can ask a judge of a court of record in the sta1e.where your residence premises is located to select an umprre. The appraisers shall then set the amount of loss. If the appraisers submit a written report of an agreement to us, lhe amount agreed upon shall be the amount of loss. If they cannot agree, they will submil their differences to the umpire. A wrillen award by two will determine the amount of loss. Each party will pay the appraiser it chooses, and equ;al]y bear expenses for the umpire and all other expenses of the appraisal. However, if the written demand for appraisal is made by us, we will pay for the reasonable cost .of your appraiser and your share of the cost of the umprre. We will not be held to have waived any rights by any act relating to the appraisal. ~.:' Dwelling, Other Structures, Personal Property . Dwelling The amount of insurance applying to the Dwelling is the replacement cost at the time of loss. We will adjust the premium for the next policy period to reflect any change in the replacement cost. You are required to notilY us or our Agent of any improvemenls or other changes to the dwelling which exceed $5000. This notice must be given to us within 90 days after such improvements or changes are started. If we are not nOlified, we do not cover loss to such improvements or changes. Your premium may be adjusted during the current policy period to reflect the additional amount of insurance. . Other Structures The amount of insurance applying to Other Slruc- tures is the amounl shown on lhe Declarations. We will keep track of rising costs and at the next policy period we will adjust the amount of your Other Structures Coverage if necessary. Your premium will be adjusted at each policy period to reflect any change. During the policy period, if there is an increase in construction costs and a loss occurs, we will reflect the increase in the amount of insurance before making payment. There will be no charge for this addilional coverage. . Personal Property The amounl of insurance applying to Personal Prop- erty Coverage is the amount shown on the Declara- tions. Adjustment in this amount will be made proportionately to the adjustment of Other Struc- tures C(JVerage. ;'4\ If we give you written nolice within 30 days after we receive your signed, sworn statement of loss, we may repair or replace any part of the property damaged with equivalent property. :.':",; Loss to glass caused by a peril covered un er Perils We Insure Againsl will be set1led on lhe basis 0 replacement with safety glazing materials when required y law. Unless we agree beforehand, coverage is su pended if the hazard is substantially increased by any me s within the control or knowledge of anyone we protect. We will set1le any claim for loss wilh you. We will pay you unless some other person is named' the policy or is legally enti1led to receive payment. We ill pay within 30 days afler we receive your proof of loss and the amount of loss is fmally determined by e of the fol- lowing: I. we have reached an agreement with yo ; or 2. there is an entry of final judgment; or 3. there is a filing of an appraisal award 0 your behalf. The increased cost incurred to comply nance or law is not included under this co dilion, excepl for coverage that is provided under What We Also Pay, Ordinance or Law Coverage. Loss to Dwelling Coverage, Other Struc and Personal Property Coverage will be replacement cost basis, without deductio ation. es Coverage settled on a for depreci- , 'i) ~f~::i Payment will not exceed the smallest of the following amounts: I. the replacement cost of that part 0 damaged for equivalent construction same premises; or 2. the amount actually and necessarily or replace the damaged dwelling. the dwelling d use on the ent to repair We will pay no more than the actual ca value of the damage until the actual repair or replac ment is com- pleted. However, when the loss is both 1 ss than $2500 and less than 5 % of lhe amount of insur ce applying to the loss, we will pay the replacement cas before aclual repair or replacement is completed. You may disregard the replacement cost provision and make claim for loss or damage 10 buildin s on an actual cash value basis. However, you slill ha e the right to make claim, within 1 80 days after lhe los, for any addi- tional amounts we will be required to ay under this Loss Settlement provision. 1. Payment will equal the cosl at the 1" e of loss of a new article identical to the one dam ged, destroyed 12 -"- or stolen. If lhe identical article is no longer manu- . factured or is not available, we will pay the cost of a new article similar to that damaged or destroyed and which is of comparable quality and usefulness. This provision also applies under Damage To Property oj Others Coverage as provided under Section II. 2. We also cover the cost of repair or replacement of: . carpeting . household appliances . clolh awnings . outdoor antennas and outdoor equipment. 3. Under Personal Property Coverage we do not cover loss to property: a. unless maintained in good and workable condi- tion; b. unless repaired or replaced; c. which is outdated or obsolete and which is stored or not being used; d. which by its nature cannot be replaced by a new article including, but nol limited to, antiques, fme arts, souvenirs, and collectors' items; e. which is at a secondary residence or at a resi- dence rented to others. When replacement coverage does nol apply because of an exclusion under this section we will pay actual cash value at the time of loss. We will pay the smallest of the following amounts for anyone item of insured property: 1. replacement cost; 2. repair cost; 3. any special limitations described in the policy. When lhe replacement cost for the entire loss is more than $2500, we will not pay more than the actual cash value for the loss or damage until actual repair or replacement is completed. You may make claim for loss on an actual cash value basis and then make claim within one year after the loss for any additional amounts we are required to pay under this Loss Settlement provision. .~" ~:'0- If there is a 1055 to a pair or set we may: 1. repair or replace any part of the pair or set to restore it to its value before the loss; or 2. pay lhe difference between actual cash value of the property before and afler lhe loss. jf': ~ 'c!; "" Loss under Dwelling Coverage or Other Structures Cov- erage shall be payable to mortgagees named on the Dec- larations, to the extent of their interest and in the order of precedence. ;,:; 1 j:r ~.._:' \'J >C.':i We will: 1. protect the mortgagee's interests in an insured building. This protection will not be i validated by any act or neglect of anyone we protec , any breach of warranty, increase in hazard, change f ownership, or foreclosure if the mortgagee has no nowledge of these conditions; 2. give mortgagee 30 days prior notice if we cancel or refuse to continue this policy. 3. give mortgagee notice if you cancel this olicy. Jd,ij',;::!;' The mortgagee will: 1. furnish proof of loss within 60 days ter receiving notice from us if you fail to do 50; 2. pay upon demand any premium due if ou fail to do 50' 3. no'tify us of any change of ownership r occupancy or any increase in hazard of which the ortgagee has knowledge; 4. give us the right of recovery against party liable for loss. This shall not impair the mo gagee's right to recover the full amount of the mortg ge debt; 5. after a loss, permit us to satisfy the mo gage require- ments and receive full transfer of the ortgage and all securities held as collateral to the m gage debt; 6. at our requesl, submit to examinations nder oath. Policy conditions relating to Appraisal, ass Payment and Suit Against Us apply to the mortgagee This condition shall also apply to any trus e named on the Declarations. h '.; _'~', :'\~ :,;. No bailee shall benefit, directly or indirec ly, from this msurance. ,1 :~~iE~ '~~~~~NCE If both this insurance and other msuranc apply to a loss, we will pay our share. Our share will the propor- tionate amount that this insurance bears to the 10tal amount of all applicable insurance, except msurance in lhe name of an association or corporatio of property owners. If there is other insurance in the name of or corporation of property owners cove . property covered by this policy, the at applies first. '4 Coverage applies even when your describe vacant or unoccupied, except where limited sian (2), Section I. association g the same er msurance dwelling is der Exclu- You may make alterations, addilions and r airs to your building, and complete structures under con truction. 13 You .may waive your rights to recovery against another involving the insured property. This must be done in writing prior to a loss. If we have made payment on property which has later been recovered by you or us, you or we will notify the other of the recovery. You have a right to the recovered property. If you elect to have the property, you will repay us the amount of our payment to you. We may not be sued unless there is full compliance with all the terms of this policy. Suit must be brought within one yeM (Maryland - three yeMs) after the loss or damage occurs. In case of a loss, anyone we protect must: 1. give us or our Agent immediate notice of the loss. If the loss is due to criminal activity or theft, you must also notify lhe police; 2. do whatever possible to recover and protect the property from further damage. If it is necessary to protect the property, you must make reasonable repairs, and keep a record of all repair costs; 3. furnish a complete inventory of damaged property including quantity, actual cash value and amount of loss claimed; 4. produce for examination, with permissi to copy, all books of accounts, bills, invoices, rec ipts, other vouchers and other fmancial information as we may reasonably require; 5. show us or our representative the dama as often as may be reasonably required; 6. at our request, separately submit to e aminations and statements under oath and sign a t anscript of the same; 7. cooperate with us in our investigation 0 a loss and any suits; 8. send us, within 60 days after our request, your signed and sworn proof of loss statement which includes an an explanation of the following: a. time and cause of loss; b. your interest in the property and th interest of all olhers involved; c. any encumbrances on the property; d. other policies which may cover the I e. any changes in title, use, occup session of the property which occ the policy term; 1. when required by us, any plans, eciEcations and estimales for the repair of t e damaged building; g. the inventory of damaged property as prepared in 3. of this condition; h. receipts for any additional living cos s as a result of the loss, and records of pertinent ental loss; i. in case of claim under Credit ard, Charge Plate, Check Forgery and Count rfelt Money Protection, an affidavit stating amo nt, time and cause ol1oss. property, 5S; cy or pos- rred during p~ " "," Personal Liability Coverage includes Bodily Injury Liability Coverage, Property Damage Liability Cov rage and Per- sonal Injury Liability Coverage. We will pay all sums up to the amount shown on the Declarations which anyone we protect becomes legally obligated to pay as damages because of bodily injury or property damage caused by an occurrence during the policy period. We will pay for only bodily injury or prop- erty damage covered by this policy. We may investigate or seHle any claim or suit for damages against anyone we protect, at our expense. If ~~yone we protect 15 sued for damages because of bodily IOlury or property damage covered by this policy, we will proVIde a defense with a lawyer we choose, even if the allegations are not true. We are not obligated to pay any claun or Judgment or defend any suit if we have already used up the amount of insurance by pa or settlement. a judgment We will pay all sums up to the amount hown on the Declarations which anyone we protect b ames legally obligated to pay as damages because of rsonal injury caused by an offense committed during the policy period. We will pay for only personal injury co ered by this policy. We may investigate or seHle any cl or suit for damages against anyone we protect, at ou expense. If anyone we protect is sued for damages cause of per- sonal injury covered by this policy, we ill provide a defense wlth a lawyer we choose) even if he allegations are not true. We are not obligated to pa any claim or Judgrnenl or defend any suit if we have - eady used up the amount of insurance by paying a iud ent or settle- ment. 14 , ~i;._, We will pay the necessary medical expenses incurred or medically determined within three years from .t~e date of an accident causing bodily injury or personal IOJUry. This three-year limitation does not apply to funeral expenses. This coverage does nol apply to you or regular residents of your household, other than residence employees. To others, we will pay only in the following situations: 1. To a person on an insured location with the permis- sion of anyone we protect; or .. . 2. To a person off an insured locahon if lhe bodily injury or personal injury:. ' . . a. arises out of a conditIon on an Insured location or adjoining ways; b. is caused by the activities of anyonewe protect; c. is caused by a residence employee 10 the course of employmenl by anyone we protect; d. is caused by an arumal anyone we protect owns or is caring for. Payment under this coverage is not an admission of liability by us or anyone we protect. ~,; .t::':,UU j(?r:;<)I~~:::"j;: -.<; " ,.~, - We do not cover under Bodily Injury Liability Coverage, Properly Damage Liability Coverage, Personal Injury Liabilily Coverage and Medical Payments To Others Cov- erage: 1. Bodily injury, property damage or personal injury expected or intended by anyone we protect even if: a. lhe degree, kind or quality of the injury or damage is different than what was expected or intended; or b. a different person, entity, real or personal prop- erty sustained lhe injury or damage than was expected or intended. We do cover reasonable acts committed to protect persons and property. 2. Bodily injury, property damage or personal injury arising out of business pursuits of anyone we protect. We do cover: a. activities normally considered non-business; b. business pursuits of salespersons, collectors, mes- sengers and clerical office workers employed by others. We do not cover inslallation, demon- stration and servicing operations; c. business pursuits of educators while employed by others as educators, including corporal punish- ment of pupils; d. occasional business activities of an protect. These include, but are not r babysitting, caddymg.. lawn, care, delivery and olher slffillar acllvll1es. We do not cover regular business ac ivities or business activities for which a person i required to be licensed by the state. e. the ownership of newly-acquired on family dwellings, but only for a peri consecutive days after acquisitio described on the Declarations. 3. Bodily injury, property damage, or perso al IOlury arising out of the rental or holdmg for re al of the residence premises by anyone we protect. We do cover if the residence premises is: a. occasionally rented or held for rental to others as a residence; b. rented or held for renlal in part as a esidence, unless for the accommodation of ore than three roomers or boarders; c. rented or held for rental in part as an office, school, studio or private garage. . . 4. Bodily injury, property damage .or perso al mlury arising out of lhe rendenng or falling to r nder pro- fessional services. ProfeSSIOnal servIces 10 lude, but are not limited to: a. any architectural, engineering or indust 'a! design services; b. any medical, surgical, dental or olh r services contributing to the health of persons 0 arumals; c. any beauty or barber services; , d. any legal, accountmg or msurance serv es; e. the servicing, installatlOn, or matnt nance of computer hardware Dr software,; . f. the selling, deslgmng, licensmg, co sultatlon, franchising, furnishing or creation of computer hardware or software, including elect anic data processing programs, designs, spe ifications, manuals or instructions. 5. Bodily injury, property damage or pers al injury arising out of any premises owned by 0 rented to anyone we !,rotect which is not an insu! .I~cation. This exclUSIOn daes not apply to bod" injury or personal injury to a residence employee ari ing out of and in the course of employment by nyone we protect. 6. Bodily injury, property damage or pers nal injury arising out of the ownership, maintenance r use of: a. aircraft; b. any land motor vehicle owned or ope ated by or rented or loaned to anyone we protect. We do cover motor vehicles if: I) they are used solely at an insur d location and not subject to motor vehicle r gistration; 2) they are kept in dead storage at insured location; 3) they are a recreational land mo or vehicle not designed for use on public ro s while at an insured location; 4) they are a golf cart, whereve used or located; 5) they are a lawn or farm type vehicle or snowblower wherever used or loc ted, if not subject to u{otor vehicle registrati n; 6) they are designed to assist the han icapped. c. watercraft: 1) owned by or frequently rented 10 anyone we protect if it has inboard or inbo d-outdrive one we 'ted to, w spaper K or two d of 30 unless 15 motor power of more than 75 horsepower; or 2) owned by or frequently rented 10 anyone we protect if il is a sailing vessel 26 feet or more in length; or 3) powered by one or more outboard motors with more lhan 75 total horsepower owned by anyone we protect at the beginning of the policy period. However, if anyone we protect acquires walercraft, regardless of horsepower, coverage applies during the policy period. If the watercraft is acquired wilhin 60 days of the end of the policy period, we will provide coverage for a maximum of 60 days. We have the right 10 charge you an additional premium. Exclusion 6. c. does not apply while the watercraft is stored on shore. Exclusion 6. does not apply to bodily injury or personal injury to any residence employee arising out of and in the course of employment by anyone we protect. We do not cover liability arising out of the negligent entrustment of an aircraft, motor vehicle or watercraft excluded in 6. We also do not cover statutorily imposed vicarious par- ental liability for the actions of a child or minor using an aircraft, molor vehicle or watercraft excluded in 6. 7. Bodily injury, property damage or personal injury arising out of war (declared or undeclared), civil war, insurrection, rebellion or revolution. Discharge of a nuclear weapon is considered a warlike aCl, even if accidental. 8. Bodily injury or personal injury which arises out of or results from a communicable disease or condition lransmitted by anyone we protect to any other person lhrough a parasite, virus, bacteria or any other organism. 9. Except as provided in paragraph 2. c. under "What We Do Not Caver - Bodily Injury Liability Caverage, Property Damage Liability Caverage, Personal Injury Liability Coverage and Medical Payments To Others Caverage," bodily injury, property damage or per- sonal injury which arises out of the sexual moleslaliQn, corporal punishment or physical or mental abuse by anyone we protect. 10. Bodily injury, property damage or personal injury which arises out of the use, sale, manufacture, delivery, transfer or possession by any person of a Controlled Substance(s) as defmed by lhe Federal Food and Drug Law at 21 U.S.C.A. Sec1ions 811 and 812. Controlled Substances include but are not limited to cocaine, LSD, marijuana and all narcotic drugs. However, this exclusion does not apply 10 the legitimate use of prescription drugs by a person fol- lowing the orders of a licensed physician. 11. Bodily injury, property damage or personal injury which arises out of the discharge, disposal, release or escape of any solid, liquid, gaseous or thermal irritant, pollutanl or contaminant, including smoke, vapors, soot, fumes, acids, alkalis chemicals, and waste. Wasle includes materials to be recycled, reconditioned or reclaimed. 12. Puni1ive or exemplary damages and related defense costs. We do not cover under Bodily Injury Liability Caverage, Property Damage Liability Caverage or Personal Injury Liability Caverage: 1. Liability assumed under any oral co tract or agree- ment, or by contract or agreement in connection with any business of anyone we protec . 2. Liability for your share of any I ss asse~sment charged against all members of an ass ciation or cor- . poration of property owners. This xclusion does not apply to What We Also Pay, ( Loss Assess- ment, Section I of this policy. 3. Property damage to property owned by anyone we protect. 4. Property damage to property rented t used by, or in the care of anyone w exclusion does nol apply to property by fITe, explosion, sonic boom or sma dental discharge of water from a aquarium. 5. Bodily injury or personal injury to any person eligible to receive any benefits required to e provided or volunlarily provided by anyone we pr ect under any workers compensation, non-occupati nal disability or occupational disease law. 6. Bodily injury, property damage or per nal injury for which anyone we protect is cover d under any nuclear energy Iiabilily policy, or woul be covered if its amounts of insurance had not been exhausted. 7. Bodily injury or personal injury arisi out of busi- ness pursuits of anyone we protect, 0 er than busi- ness pursuits covered by this policy. 8. Bodily injury or personal injury to employees of anyone we protect arising out of empl men!. This exclusion does not apply to bod Iy injury to a residence employee arising out of and in the course of employment by anyone we protect. 9. Personal injury arising out of willful iolation of a law or ordinance by anyone we protect 10. Personal injury arising out of civic or blic activities performed for pay by anyone we prote 11. Suits for libel, slander or defamatio of character made against anyone we protect if the ublication or statement: a. took place before the effective dat of this insur- ance; or b. was knowingly untrue. 12. Bodily injury or personal injury to y dents of your household, your relative under the age of 21 in your care or your resident relatives. , occupied or protect. This mage caused e, or by acci~ walerbed or and if resi- , and persons lhe care of Under Medical Payments To Others Cover ge we do not cover bodily injury or personal injury: I. to a residence employee if it occurs ff an insured location and does not arise oul of or' the course of employment by anyone we protect. 2. to any person eligible to receive any be efits required to be provided or voluntarily provid d under any workers compensation, non-occupati nal disability or occupational disease law. 3. from any nuclear reaction, radiation r radioactive conlamination, or any consequence of y of these. 4. to anyone we protect or other person( ) who resides on the insured location, except a reside ce employee. .hJr> Payment for the following is in addition t the amounts of insurance shown on the Declarations. 16 (1) ::;U\IM ::XP';:,'ISES ',f We pay: I. court costs, to defend or settle as we believe proper, any claim or suit against anyone we protect, for damages covered under this policy. Our payment of the limit of prolection for a settlement, judgment, or deposit in court ends our duty to pay under this item. 2. expenses incurred, to investigate and defend or settle as we believe proper, any claim or suit againsl anyone we protect for damages covered under this Policy. Our payment of the limit of protection for a settlement, judgment, or deposit in court ends our duty to pay under this item. 3. post-judgment interest, but only that portion of the post-judgment interest which accrues on that part of any judgment that does not exceed the limit of pro- lection on a suit we defend. Our payment, offer in writing, or deposit in court of that part of the judg- ment which does not exceed the limit of protection ends our duty to pay any post-judgment interest which accrues after lhe date of our payment, written offer or deposit. 4. prejudgment interest or delay damages awarded on that part of any judgment that does not exceed the limit of protection. If we offer in writing to pay the applicable limit of protection, we will not pay any prejudgment inleresl or delay damages for the period of time after the offer. 5. reasonable expenses anyone we protect may incur at our request to help us investigate or defend a claim or suit. This includes up to $300 a day for actual loss of earnings (but not loss of other income) and vacation time or olher benefit loss. 6. premiums on the following lypes of bonds, but not for bond amounts greater than the limit of pro- tection: a. appeal bond in a suit we defend; b. bail bond (with premium of $500 or less) required due to an accident or related traffic vio- lation involving a vehicle we insure; c. attachment bond to release property of anyone we protect due to an accident or related traffic violation involving a vehicle covered by this policy. " r,:," , ,f'.~( l._~^ ~. , ,':i.., The injured person or someone acting on behalf of that person will: !. give us written proof of claim, as Soon as possible, under oath if required; 2. sign papers at our request to allow us 10 obtain medical reports and copies of records. The injured person will submit to mental and physical examination by doctors selected by us as often as reason- ably required. We may pay the injured person or lhe provider of the services. We have no dUly to apply for or fumi h such bonds. 7. reasonable lawyers' fees up to $50 w . ch anyone we X protect incurs because of arrest, res ting from an accident involving a vehicle covered b this policy. (2) DAMAGE TO PR()P~RTY OF OTHERS We pay, on a replacement cost basis, u to $1000 per occurrence for property damage to prop rty of others caused by anyone we protect. This covera e also applies to property of others in the possession of anyone we protect . We will not pay for property damage: !. to the extent of any amount reco erable under Section I of lhis policy; 2. caused intentionally by anyone we pr teet who has attained lhe age of 13; 3. to property owned by anyone we prote ; 4. to property owned by or rented to a tenant of anyone we protect or a resident of your household; 5. arising out of: a, an act or omission in connection th a premises (other than an insured location) owed, rented or controlled by anyone we protect; b. business pursuits; or c. ownersmpl maintenance or use of a motor vehicle, aircraft or watercraft. W will pay for property damage to a land otor vehicle designed for recreational use off public roads while in the possession of or caus d by anyone we protect if: I) not subject to motor vehicle re 'stration, and 2) not owned by anyone we protec . -'~: :'\l.~,-..~.;;, We pay reasonable expenses for first aid to ther persons and animals at the time of an accident inv ving anyone we protect. See What We Also Pay, (9) Loss Assessmen - Section I. ,. '''-~ .. ~il:, ,..'_ h. This insurance applies separately to anyone we protect. Regardless of the number of people we pr teet, claims made or persons injured, our total liabilily under Per- sonal Liability Coverage for damages result" g from one occurrence, offense, claim or suit will not exceed the amount shown on the Declarations for Pers al Liability Coverage. All bodily injury, property dama e and per- sonal injury resulting from one accident or f om contin- uous or repeated exposure to the same geneT conditions is considered the result of one occurrence, 0 ense, claim or suit. Our 10tal liability under Medical Payments To Others Coverage for all medical expense payable for ily injury and personal injury to anyone person will no exceed the ''Each Person" amount shown on the Declara ions. 17 (3)'OTHER INSURANCE - PERSONAL LIABILITY COVERAGE This insurance is excess over any other valid and collect- ible insurance. However, if the other insurance is specif- ically written as excess insurance over lhis policy, the limits of this policy apply first. If at the time of loss there is other insurance in the name of an association or corporation of property owners cov- ering the same property covered by this policy, the insur- ance afforded by this policy shall be excess over the amount recoverable under such other insurance. (4) SUIT AGAINST US We may not be sued unless there is full compliance with all the terms of this policy. No one has the right to make us a party to a suit to determine the liability of anyone we protect. The legal liability of anyone we protect must be deter- mined before suit under Personal Liability Coverage may be brought against us. This determination may be by a court of law or by writ1en agreement of all parties, including us. (5) WHAT TO DO WHEN AN OCCURRENCE, OFFENSE, CLAIM OR SUIT HAPPENS When there is an occurrence, offense, claim or suit anyone we protect will: 1. notifY us or our Agent in writing as soon as possible, stating: a. your name and policy number; b. the time, place, and circumstanc s of the occur- rence, offense, claim or suit; c. names and addresses of injured rsons and wit- nesses. 2. give us: a. promptly, any papers that relat to the occur- rence, offense, claim or suit; b. a signed slatement containing all the facts about the occurrence, offense, claim or it. 3. at our request: a. assisl in making settlement; b. help us enforce any right of reco ry against any party liable to anyone we protect; c. cooperate with us in our investi atian of a loss and any suit; d. attend hearings and trials; e. assisl us in securing and giving e idence and in obtaining the at1endance of witne ses; f. separately submit to examinati ns and state- ments under oath and sign transc pts of same; g. authorize us to obtain records d other infor- mation; h. answer all reasonable questions a out the occur- rence, offense, claim or suit; 1. allow us to inspect and apprais the damaged property before its repair or dispo . 4. under the coverage Damage To Prop rly Of Olhers, send us, within 60 days of our reques , sworn proof of loss. 5. not make payments, assume obliga ions or incur expenses, except alone's own cost, ther lhan for first aid to other persons and animals at the time of lhe bodily injury. RIGHTS AND DUTIES -. GENERAL POLICY CONDITIONS -- SECTI We, you and anyone else protected by this policy must do certain things in order for the terms of this policy to apply. (1) ACCOUNTING If the premium payment plan chosen for this policy include s a service charge, the service charge is paid to the Erie Indemnity Company. The fol/awing applies only to policies issued by Erie I nsur- ance Exchange: X Erie Indemnily Company may keep up to 25% of the premium written or assumed by Erie Insurance Exchange as compensation for (A) becoming and acting as At1orney-in-Fac1, (B) managing the business and affairs of Erie Insurance Exchange and (C) paying general administrative expenses, including sales commis- sions, salaries and employee benefits, taxes, rent, depreci- ation, supplies and data processing. The rest of the premium will be placed 0 the Erie Insurance Exchange. We will de this amount as pennitted by law. This ount will be used to pay losses, loss adjustment expens s, investment expenses, damages, legal expenses, court costs, taxes, assessments, licenses, fees, any other gave ental filles and charges, establishment of reserves an surplus, and reinsurance, and may be used for divid ds and other purposes Erie Indemnity Company decid s are to the advantage of the Subscribers. (2) ASSIGNMENT Interest in this policy may be transferred nIy with our writlen consent. We may require evid nce that all Named Insureds approve the assignment. (3) BANKRUPTCY OF ANYONE WE PROT CT Bankruptcy or insolvency of anyone w protect or anyone we protect's estate will not relieve u of our obli- gations. 18 (4) CANCELLATION Your Righi (0 Cancel . You may cancel lhis policy by mailing or delivering to our Agent or us written notice stating at what future date you want the cancellation to take effect. We may waive lhese requirements by confirming the date of cancellation to you in writing. Our Right to Cancel or Refuse to Continue We may cancel or refuse to continue this policy or any coverage by mailing you written notice slating the effec- tive date of our action. Our action will comply wilh the laws of the state where your residence premises is located. Our cancellation or refusal 10 conlinue lhis policy will not take effect until at least 30 days (Maryland - 45 days), except for non-payment of premium after we send it. The effective date for cancellation for non -payment of premium will be in compliance with lhe laws of the state in which you reside. We reserve the right to cancel for your non-compliance with our premium payment plans. We do not waive our right to cancel, even if we have accepted prior late pay- ments. Metbod of Giving Notice Mailing notice to the address shown on the Declarations will be sufficient proof of notice. The policy period will end on the date and time stated in the notice. Return of Premium If your policy is cancelled by you or us, we will retom the pro rata unused share of your premium. Cancella- tion will be effeclive even if we have not given or offered the retomed premium. (5) CONCEALMENT, FRAUD OR MISREPRESENTATION This entire policy is void as to you and anyone we protect if, whether before Dr after a loss: 1. you or anyone we protect have intentionally con- cealed or misrepresented any material fact or circum- stance concerning this insurance; or 2. there has been fraud or false swearing by you Dr anyone we protect as to any matter that relales to this insurance Dr the subject thereof; or 3. you or anyone we protect engage in fraudulent conduct as to any matter that related to this insur- ance or subject thereof. In the event of 1., 2. Dr 3. above, we will not pay for any loss. (6) CONTINUOUS POLICY Your policy is a continuous policy. It will continue in force until cancelled by you Dr terminated by us as explained in the Cancellation Condition. Each year we will send you a Declarations which shows the premium due for the next policy period. In return for this service, you must mail us written notice ,.,...,....-.-,...,.."...>. -.. -~,--_...._--" -.~',.;"":',.,.""'.~!'"~:~.~ prior to the new policy period if you w t to cancel. If we do not receive this notice, your p licy remains in force and you must pay us the earned remium due for this time. (7) COOPERATION You agree to cooperate with us by: 1. truthfully completing and promptly returning ques- tionnaires and audit forms about thi msurance; 2. permitting and helping with inspect OllS and audits; and 3. complying with specific reco endations to improve your risk. (8) HOW YOUR POLICY MAY BE CHA This policy conforms to the laws of th state in which your residence premises is localed. If e laws of the state change, this policy will comply with those changes. Your policy may change by asking us. Your request must contain enough information 10 identify you. Asking our Agent is the same as asking s. If we agree with your request, we will then issue a De larations. We will give you the benefit of any c ge in coverage made by us, if it does not require addil nal premium. This change will be effective as of the dat we implement the change for you in your state. If the information we use to determine t e premium for your coverage(s) changes during the po cy period, we may adjust your premium. Premium adj !ments will be made using rules and rates in effect for ou use. (9) OUR RIGHT TO RECOVER FROM OT ERS After we make a paymenl under this polic , we will have the right to recover from anyone else held esponsible for the loss. This right will not apply under eetion I if you have waived it in writing prior to the loss. Anyone to whom we have paid will sign apers and do whatever is required to transfer this right 0 us, and do nothing to hann this righl. Anyone receiving payment from us and so eone else for the same loss will reimburse us up to our ayment less a proportionate share of the costs (including attorney fees) of such recovery. We will pay all reasonable expenses anyon our request to help us recover damages fro held responsible. This includes up to $ actual loss of earnings. This condition does not apply under Sectia II - Medical Payments To Others Coverage Dr Damage To Property Of Others. may incur at anyone else o a day for (10) PRIORITV This insurance will fIrst protect you, your s use residing Y in your household and then others we prote 19 (11) SURVIVORS' COVERAGE 3. your legal representative, but only w . e performing duties as your representative and ani until lhe end of the policy period during which you death occurs. If you die, the policy will cover: I. anyone we protect who is a member of your house- hold at the time of your death, but only while a resi- dent of the residence premises; 2. anyone having lawful possession of insured property unlil a represenlalive is appointed, but only until the end of the policy period during which your death occurs; {'i2} TIME OF 1NCEPT10N If this policy replaces coverage in other policies which end on the inception date of this policy, blat a different time, then this policy will take effect whe the other cov- erage ends. This policy has been signed on our behalf at Erie, pennsylvania by our President and Secretary. If re uired by law, it has been countersigned on the Declarations by our au1horized Agent. ~.~ ~i~6 Secretary ~.C- President I 'II ~ ERIE, ERIE INSURANCE GROUP Home Ottice . 100 Er'le Insurance Place' Erie, PA 16530 . (814) 870-2000 Visit our Website at www.erieinsurance.com 2005 Ultracover (Ed. 2/01) UF-8213 20 I 'II ~ ERIE INSURANCE GROUP ERIE& PIONEER H MEPROTECTOR HP.PA Ed. 2/01) UF-6754 AMENDATORY ENDORSEMENT - PA This endorsement amends the policy as follows: (Available on all policy forms) DEFINITIONS Each word in bold type is used as defmed in the policy. PROPERTY PROTECTION .. SECTION I RIGHTS AND DUTIES -- CONDITIONS -- SECTION I Under Erie Option', the words '30 days' are amended to '15 working days'. Under 'Recovered Property', the last sentence is deleted and replaced by the following: If the recovered property is returned 10 or retained by you, the loss payment will be adjusted based on the amount you received for the recovered property. HOME AND FAMILY LIABILITY PROTECTION- SECTION II Bodily Injury Liability Coverage Property Damage Liability Coverage Personal Injury Liability Coverage Medical Payments To Others Coverage Under WHAT WE DO NOT COVER - EXCLUSIONS the following exclusions are added: We do not cover: I. actual or alleged bodily injury or personal injury arising out of the ingestion, inhalation or absorption of lead or lead compounds in any form; 2. actual or alleged bodily injury, personal injury or property damage arising out of any form of lead, or lead compounds; 3. any le~ obligation of anyone we protect for indemnification or contribution due to damages arising out of bodily injury personal injury or prop- erty damage caused by lead, resulting from paint containing lead or contributed to by any other sub- stance or material containing lead; 4. bodily injury, personal injury or property damage ansmg out of the actual or alleged: a. exposure to or existence of lead, paint containing lead, or any other material or substance con- taining lead, or b. manufacture, distribution, sale, resale, rebranding, installation, pair, removal, encapsulation, abatement, rep cement or han- dling of lead, painl containing ead, or any other material or substance containin lead, whether or not the lead is now or was at any time airborne as a particle, containe as a product, ingested, inhaled, lransmitted in any fashion, or found in any form whatsoever; 5. any loss, cost or expense arising ou of any: a. request, demand or order lhat nyone we protect or others test for, monitor, c an up, remove, contain, treat, detoxify or neu ralize, or in any way respond to, or assess the ifects of, lead or lead compounds; b. claim or suit by or on beh of any govern- mental authority for damage resulting from testing for, monitoring, cle . g up, removing, containing, treating, detoxifyin or neutralizing, or in any way responding 10, or assessing the effects of, lead or lead compoun s in any form. RIGHTS AND DUTIES. GENERAL POL CY CONDITIONS. SECTION I & II (4) Cancellation Condition Our Right to Cancel or Refuse to Co tinue is deleted and replaced by the following: Our Rigbt to Cancel or Refuse to Conti ue policy only for u in wriling of We may cancel or refuse to continue t the reasons stated below by notifying the date cancellation takes effect. I. When this policy has been in effecl for less than 60 days and is not a renewal with us, w may cancel for any reason by notifying you at leas 30 days before the cancellation takes effect. 2. When lhis policy has been in effect for 60 days, or more, or at any time if it is a rene at with us, we may cancel or refuse to continue n1y for one or more of the following reasons by otifYing you at least 30 days prior to the proposed c cellation date: a. this policy was obtained throu material mis- representation, fraudulent stat ents, omissions or concealment of fact materialt the acceptance of the risk or to the hazard ass ed by us; b. there has been a substantial change or increase in hazard in the risk assumed by us subsequent to the date the policy was issued; c. there is a substantial increase in hazards insured against by reason of willful or negligent acts or omissions by you; d. you have failed to pay the premium by the due date, whether payable to us or to our Agent, or under any finance or credit plan; or e. for any other reason approved by the Pennsylvania Insurance Commissioner. Survivors' Coverage Item 2. and 3. are deleted and replaced b the following: 2. anyone having lawful possession of . until a representative is appointed for a after your death or until the end of t during which your death occurs. 3. your legal representative, but only duties as your representative and only a after your death or until the end of t during which your death occurs. ALL OTHER PROVISIONS OF APPLY. 2 ured property least 180. days policy period . e performing leasl 180 days policy period HE POLICY I ~ ~ ERIE INSURANCE GROUP ERIEe LEX PACKAGE ULT PACK BUSINESS ULTRASURE FOR PRO ERTY OWNERS UL TRASURE F R LANDLORDS FIVESTAR ONTRACTORS' COMMER IAL PROPERTY PIONEER H PROTECTOR DWEL ING PROPERTY F-8705 (Ed. 6/96) IMPORTANT NOTICE - NO FLOOD COVERAGE Your basic policy covers losses from many perils. However, it DOES NOT provide coverage for!lo d loss. Insurance covering flood loss is generally available through lhe National Flood. Insurance Program. In an effort to serve you, information about flood insurance and the National Flood Insurance P gram can be pro- vided by your ERIE Agent. I ,II ~ ERIE INSURANCE GROUP ERIEs PIONEER HO PROTECTOR (E . 8/98) UF-6523 IMPORTANT MESSAGE Dear Policyholder: If you have a Pioneer Family Auto Policy (F AP) and a Pioneer HomeProtector Policy with the ERI INSURANCE GROUP you may be eligible for a multi-policy discount credit The multi-policy discount credit is ven on both the Family Auto and the HomeProtector policy premiwns. Contact your local ERIE Agent for more information. If you do not have a Pioneer Family Auto Policy with The ERIE, why not ask your Agent to describe the coverages and services The ERIE offers its Policyhold ? I ,t, ~ ERIE INSURANCE GROUP ERIE* HO EPROTECTOR F-90]3 (Ed. 3/04) ADDITIONAL COVERAGES AVAILABLE TO POLlCYHO DERS licyho]ders, Your ptional coverages It is important that you occasionally review the coverages and limits of your HomeProtector policy to be certain your needs are being met. The Amount of Insurance for your Property and Liability Coverages are listed on the accompan . g HomeProtector Declarations. Please review these Amounts of Insurance to make sure they are adequate in the event f Joss. The following is a PARTIAL LIST of the optional coverages availab]e to our HomeProtector current policy may already contain one or more of these optional coverages, but these and other may be availab]e to you for an additional premium. . Sewer and Drain Back up Coverage Endorsement . Earthquake Coverage Endorsement . Additional Theft Amounts for Jewdry, Watches, and Furs Endorsement . Personal Computer Coverage Endorsement . Condocover Enhancement Endorsement '. . Enhancement Endorsement (Available 011 Broadcover, Extracover, Markel Value Broadcover eles) The' Enhancement' forms include Sewer and Drain Back Up Coverage. . Expanded Endorsement . Replacement Cost Settlement On Personal Property Endorsement . Dwelling and Other Structures Siding and/or Restoration Roofing Coverages Please contact your Agent if you have any questions concerning your HomeProtector Amounls of are interested in any of our optional coverages. Ultracover Poli- ance or if you PLEASE NOTE: Not all coverages are 'aVailable on all HomeProtector Policies. Not all of the opti nal coverages are available in all states. Please check your HomeProtector policy to see if you have already purchased t e optional cover- ages. 'I ~ ,II ~ ERIE INSURANCE GROUP ERIE~ HO PROTECTOR HP-FP (E . 2/03) UF-3910 THIS ENDORSEMENT AMENDS THE POLICY. PLEASE READ IT CAREFU L Y. LIMITED FUNGI, WET OR DRY ROT OR BACTERIA COV RAGE ENDORSEMENT This endorsement amends insurance provided under the Ullracover HomeProtector Poli DEFINITIONS Unless defmed in this endorsement, each word in bold type is used as defmed in lhe policy. . "fungi" means any type or form of fungus, including, but not limited to molds, mildews, smuts, mush. rooms, yeasts and any mycotoxins, spores, scents, vapors, gases or byproducts produced by, arising out of or released by any type or form of fungus. Under Home and Family Liability Protection, fungi does not include any type or form of fungi that are, are on, or are contained in any good or product intended for consumption. PROPERTY PROTECTION -- SECTION I LOSS OF USE Our Promise The following senlence is added 10 this section: This coverage does not apply to loss caused by fungi, wet or dry rot, or bacteria other than as provided under WHAT WE ALSO PAY, FUNGI, WET OR DRY ROT OR BACTERIA. WHAT WE DO NOT COVER - EXCLUSIONS S.b. is deleted and replaced with the following: b. mechanical breakdown, deterioration, wear and tear, marring, inherent vice, latent defect, tree roots, rust or smog. The folllJWing exclusion is added and app ies to Section I _ Dwelling, Other Structures, Personal Pr perty and Loss of Use Coverages: W".. do not pay for loss resulting direct y or indirectly from any of the following, even if other events or hap. peJ;iings contributed concurrently, or in s quence, to the 10"": Fu~gi, wet or dry rot, or bacteria, me g the presence, growth, proliferation, spread or any activi y of fungi, wet or dry rot, or bacteria other than as rovided under WHAT WE ALSO PAY, FUNGI, T, OR DRY ROT OR BACTERIA. WHAT WE ALSO PAY : THe following is added to What We Also ay: F\JNGI, WET OR DRY ROT OR BA TERIA COV- ERAGE We will pay up to a total of $5,000 for: a. Direct physical loss to property nder Properly Prolection - Seclion I, Dwellin Other Struc- tures and Personal Properly everage, caused by, resulting from, or consisting fungi, wet or dry rot, or bacteria if the direct sult of a Peril We Insure Againsl; and b. Necessary increase in costs whic you incur to maintain your normal standard f living when the residence premises is uninhab able due to a loss caused by, resulting from, 0 consisting of fungi, wet or dry rot, or bacte' which is the direct result of a Peril We Insure ainst. The $5,000 limit is the most we will pay r both a. and b. The coverage provided above is the only overage under Property Protection - Seclion I, Dwellin Other Struc- tures, Personal Property and Loss of Us Coverage for damage or loss caused by, resulting from, r consistmg of fungi, wet or dry rot, or bacteria caused d ectly or indi- rectly regardless of any other cause or ev t contributing concurrently or in any sequence. ,The $5,000 limit is the most we will pay for the cost: a. to remove fungi, wet or dry rot, or bacteria from covered property; b. to tear out and replace any part of the building or other covered property as needed to gain access to the rungi, wet or dry rot, or bacteria; and c. of any testing of air or property to confIrm the absence, presence or level of fungi, wet or dry rot, or bacteria whether performed prior to, during or after removal, repair, restoration or replacement. The cost of such testing will be provided only to the extent that there is a reason to believe there is the presence of fungi, wet or dry rot, or bacteria. The coverage provided above applies only when such loss or costs are the result of a Peril We Insure Againsl which occurs during the policy period and only if aU rea- sonable means were used to save and protect the prop- erty from further damage at or af1er the time of the occurrence of that Peril We Insure Againsl. If there is covered loss or damage to covered property, not caused, in whole or in part, by fungi, wet or dry rot, or bacteria, loss payment will not be limited by the terms of this Additional Coverage, except to the extent that fungi, wet or dry rot, or bacteria causes an increase in the loss. Any such increase in the loss will be subject to the terms of this Additional Coverage. This is additional insurance and is the most we will pay for the total of aU loss or costs payabl under this Addi- tional Coverage regardless of the n ber of locations insured under this endorsement or the umber of claims made. HOME AND FAMILY LIABILITY PRO SECTION II WHAT WE DO NOT COVER. EXCLUSI Bodily Injury Liability Coverage Property Damage Liability Coverage Personal Injury Liability Coverage Medical Payments To Others Coverage The following exclusion is added: We do not cover under Bodily Injury 'abilily Coverage, Properly Damage Liability Coverage, Personal Injury Coverage and Medical Paymenls 10 Olh s Coverage: Bodily injury, property damage or pe at injury aii.sing directly or indirectly, in whole or in art, out of the actual, alleged or threatened inhalation of, ingestion of, conlact with, exposure 10, existence of 0 presence of any fungi, wet or dry rot, or bacteria. . ALL OTHER PROVISIONS OF HIS POLICY APPLY. 2 I ,II ~ ERIE INSURANCE GROUP ERIEe NOTICE OF INSURANCE INFORMATION PRACTIC S GENERAL USE F-3389 (Ed. 3/04) As part of our procedure for processing your insurance, personal information such as a credit rep rt, prior insurance claims report, and/or motor vehicle record may be obtained conceming you and other individuals proposed for cov- erage. In determining whelher to renew your policy each year, we may review your credit report or obt . based insurance score based on the information contained in that credit report. We may use a third with the development of your insurance score. No informalion from our flies will be given to anyone without your written consent, except as allow d by law in order to conduct our business. or use a credit y in connection You have the right to know the kind of information we have in your fIle, to have access to that' ormation, and to request correction of information you believe is inaccurate. We will provide a more detailed description of our information practices, if you so request. I ,II ~ ERIE INSURANCE GROUP ERIE~ HO EPROTECTOR U -3380 (Ed. 6/03) ATTENTION - NOTICE TO HOMEPROTECTOR POLlCYH LDERS Functional Replacement Cost Loss Settlement Coverage vailable Effective June 1, 2003, a new optional coverage, the 'Functional Replacement Cost Loss Settlement verage Endorse- ments: are available on Broadcover, Extracover and Ultracover HomeProtector Policies. WHAT DOES THIS NEW OPTIONAL COVERAGE PROVIDE? Under this optional endorsemenl, the method of loss settlement lhat will apply to insured buildings s changed. This endorsemenl provides an optional loss settlement for insured dwellings and other structures built using obsolete, antique or custom construction material and methods commonly found in dwellings and other structures b . r prior to 1940. Under the Functional Replacement Cost Loss Settlement endorsement, instead of repairing or placing damaged buildings using more costly materials and methods of like construction, The ERIE will use less cost y: common con- struction malerials and methods, which are functionally equivalent 10 obsolete, antique or custom c nstruclion mate- rials and methods. A few examples of this optional loss setHement are: . I. Plaster walls or ceilings replaced with building code required wall boards or ceiling boards. 2. Interior and exterior decorative or artistic building coverings or features replaced wilh standard, les cosHy coverings or features. 3. Custom designed and built cabinetry replaced with readily available, slandard or slock kitchen cab' ets. 4. Obsolete or cuslom crafted kilchen and bathroom appliances and fixtures, tiles, etc., replac d with slock or standard, readily available equipment and parts. Under the Functional Replacement Cosl Loss SetHement endorsement, the amounts of insurance f,?r' sured dwellings and other structures built with obsolete, antique or custom materials and methods will often be lower han the amounts that would have applied under the '1ike construction' repair or replacement cost provisions. But the ount of insur- ance for the dwelling and other structures should be at least 80% (100% for the Ultracaver Polic") of the cost of replacing the building using functionally equal materials, parts and methods of construction. If, at the time of loss, the amount of insurance on the damaged building is less than 80% (100% of the Ullracover Policy) f the functional replacement value, the loss settlement amount might be less than the costs you incur to repair or rep e damaged parts and materials with functionally equivalent parts and materials. If you have specific questions aboul the oplional functional replacemenl cost loss settlement endorseme t, please conlact your ERIE Agent. I' ~ ~ ERIE INSURANCE GROUP ERIE. HO EPROTECTOR HP-GN ( d. 5/04) UF-341O THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREF LL Y. UL TRACOVER AMENDATORY ENDORSEMENT This endorsement amends insurance provided under the Ultracover HomeProtector Po . cy. DEFINITIONS Each word in bold type is used as dermed in the policy. PROPERTY PROTECTION .. SECTION I RIGHTS AND DUTIES -. CONDITIONS -- SECTION I Condition (8) Loss Settlement is deleted and replaced by the following: (8) LOSS SETTI.EMENT The increased cost incurred to comply with the enforce- ment of any ordinance or law is not included under this condition, except for the coverage that is provided under What We Also Pay, Ordinance or Law Coverage. Dwelling Coverage Loss under Dwelling Coverage will be settled on a replacement cost basis, without deduclion for depreci- ation, if the damage is actually repaired or replaced. Payment will not exceed the smallest of the following amounts: 1. the replacement cost of that part of the dwelling damaged for equivalent construction and use on the same premises; or 2. the amount actually and necessarily spent to repair or replace the damaged dwelling. We will pay no more than the actual cash value of the damage until the actual repair or replacement is com- pleted. This means we will deduct for depreciation. However, when the loss is both less than $2500 and less than 5 % of the amount of insurance applying 10 the loss, we will pay the replacement cost before actual repair or replacement is completed. You may disregard the replacement cost provision and make claim for loss or damage to the dwelling on an actual cash value basis. However, you still have the right 10 make claim within 180 days after the loss, for any addil10nal amounts we will be required to pay under this Loss Settlement provision. Other Structures Coverage Loss under Other Structures Coverage . be settled on a replacement cost basis, without dedu ion for depreci- ation, if the damage is actually rep ed or replaced. Payment will not exceed the smallest of the following amounts: 1. the amount of insurance applying t the other struc- tures; or 2. the replacement cost of lhat part 0 the other struc- tures damaged for equivalent co ruclion and use on the same premises; or 3. the amount aclually and necessaril spent to repair or replace the damaged other struct es. We will pay no more than the actual ash value of the damage until the aclual repair or repl cement is com- pleted. This means we will deduct or deprecialion. However, when the loss is both less t $2500 and less than 5 % of the amount of insurance applying to the loss, we will pay the replacement c st before actual repair or replacement is completed. You may disregard the replacement c st provision and make claim for loss or damage to oth structures on an actual cash value basis. However, you ill have the right to make claim wilhin 180 days after he loss, for any additional amounts we will be required 0 pay under this Loss Settlement provision. Personal Property Coverage 1. Payment will equal the cost at the time of loss of a new article identical to the one d aged, destroyed or stolen. If the identical article is 0 longer manu- factured or is not available, we will pay the cost of a new article similar to that damaged or destroyed and which is of comparable quality an usefulness. This provision also applies under Darna e To Property of Others Coverage as provided under ection II. 2. We also cover the cost of repair or placement of: . carpeting . cloth awnings . household appliances . outdoor antennas and outdoor quipment 3. Under Personal Property Coverage we do not cover loss to property: a. unless maintained in good and workable condi- tion; b. unless repaired or replaced; c. which is outdated or obsolete and which is stored or not being used; d. which by its ~ture cannot be replaced by a new artIcle mcludmg, but not limited to, antiques, fme arts, souverurs, and collectors' items; e. which is at a secondary residence or at a resi- dence rented to others. Whenever replacement coverage does not apply because of an eXCIUSlO~ under this section we will pay actual cash value at the tune of loss. This means we will deduct for depreCIatIon. We will pay the smallest of the following amounts for anyone item of insured property; I. replacement cost; 2. repair cost; 3. any special limitations described in ( policy. . When the replacement cost for the ent e loss is more than $2500, we will not pay more than the actual cash value for the loss or damage until the ctual repair or replacement is completed. Yau may make claim for loss on an a ual cash value basis and then make claim within one ye after the loss for any additional amounts we are requit to pay under this Loss Settlement condition. ALL OTHER PROVISIONS OF APPLY. E POLlCY 2 I ,II ~ ERIE INSURANCE GROUP ERIE. HO EPROTECTOR U -3411 (Ed. 5/04) ATTENTION - NOTICE TO ULTRACOVER POLlCYHOL ERS Enclosed you will find a new Ultracover Amendatory Endorsement effective May 1, 2004. Please read y ur policy and ils endorsements for details regarding coverage, including any exclusions or limitations of coverage. The new Ultracover Amendalory Endorsement HP-GN (Ed. 5{04) c1arilies that payment under Olher Structures Cov- erage may not exceed the amount of insurance applicable to the Other Structures. Also, we have added language to explain that when actual cash value applies we will deduct for deprecia 'on. This Notice describes the revisions made to the Ultracover Policy. We recommend you READ YOUR OLlCY AND ENDORSEMENTS in order to become familiar with the specific provisions of the HomeProtector P ogram. lf you have any questions regarding these changes please contact your ERIE Agent. I Il, ~ ERIE INSURANCE GROUP ERIE. PIONEER HO EPROTECTOR HP-AAN ( d. 1/91) UF-S06 PREMISES ALARM SYSTEM ENDORSEMENT DEFINITIONS Unless defmed in this endorsement, each word in bold type is defmed in the policy. . "Approved" means that the a1ann system unit carries an "Underwriters' Laboratories, Inc. Listed" label. In the case of a Burglary a1ann system, it must have been installed to warn against entry at all openings accessible from the ground level, fire escapes, and from hallways and stairways used in common with any other residents of the same building. OUR PROMISE If an a1ann system of a type listed below is installed on the described premises, we will reduce your premium by the appropriate amount. An approved and properly maintaine a1ann system means: I. a. Central Station Fire and/or urglary Alann System; or b. Fire and/or Burglary Alann Sysl m that directly and automatically alerts the Fire Department or Police Department. 2. Fire and/or Burglary Alann Syste directly and automatically alert the or Police Department. YOUR DUTIES that does not . re Department You agree to maintain the system and to otifY us of any change in type, installation, mainten ce or service arrangements, deactivation or removal of e syslem. ALL OTHER PROVISIONS OF HE POLICY APPLY. I ERIE, ERIE INSURANCE GROUP Member Companies: Erie Insurance Exchange' Erie Indemnity Company' Erie Family Life Insurance Company Erie Insurance Company' Eric Insurance Company of New York' Erie Insurance Property and Casualty Company Flagship City Insurance Company ERIE INSURANCE GROUP PRIVACY NOTICE The privacy and security of your personal Information is important to us. This notice willlnfonn you ab ut our polices and procedures concerning the personal infonnation about you that we collect, maintain and disclose in c nnection with the insurance policies you obtain from us. In order to offer the highest quality insurance products at the I west possible rates, we collect. maintain,. and, in some instances, disclose "nonpub1ic personal information" about yo. Nonpublic personal information may include your name, address, social security number, wage information, driving cord, policy coverages, medical information or credit history, It may also include transaction infonnation such as our premium payment or claims history with us. We appreciate the importance of your personal privacy and are committe to protecting it as we provide for your insurance needs. Collection of Information We obtain nonpublic personal infonnation about you from the following sources: . Y Qur insurance Agent or Producer; From you through applications or other forms such as claim fonns or underwriting questionnaires; Insurance support organizations such as claims reporting services and other parties who provide 'nfonnation on insurance related transactions you have conducted with us, our affiliates, as listed above, or others; . Consumer reporting agencies. We do not sell your information to others for marketing purposes Because we respect your privacy, we do not sell, trade or otherwise disclose your identity or any 0 er personal information about you to third parties for their marketing purposes. This includes information we obtained nceming all applicants, customers and former customers. We may, however, share information regarding your transac 'ons with us with our affiliates, as listed above, or companies that perform marketing services on om behalf to assist us in roviding our products and services to you. These companies are required to keep your information confidential. Information we may provide to others We only disclose information about our applicants, customers and former customers as permitted or requir d by law in conjunction with our normal insurance operations. Here are some examples: We may disclose information to others such as our claims adjusters and our attorneys in the processing f an insurance claim; We may be required by a court oflaw to provide infonnation in connection with a legal proceeding; We share information with consumer reporting agencies and insurance support organizations; We may share infonnation with government agencies which conduct examinations of our procedures. Security of your personal information While your nonpublic personal infonnation is under our control, access is limited to those employees leg)timate business need for such information with respect to your insurance coverages. In accordance wi state and federal regulations we maintain physical, procedural and electronic safeguards to protect the confidentiality of your nonpubIic personal infonnation. ho have a applicable rivacy and Further information For additional information concerning our privacy policy you may write to us at Customer Service Departme , 100 Erie Insurance Place, Erie, PA 16530. You may also contact us through our Website at www.erieinsurance.com. UF2J065101 (E) '*,. 'II- Additional information MAY appear on reverse Side *,. * VERIFICATION I, N.S. Worrall, the Plaintiff in the above action, verifY that the statements mad in foregoing Complaint are true and correct to the best of my knowledge. I understan that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 1!J'I/;g/2cf()';,/ ~~~~ ;0 ~? ('-- - ~ ~<:::::-=-, 9-:.. v ~ 0 .. ("- +U\ ~ \ C{] CJ ~,"~; \ @ ~, C"::I c:,:;:. c..-, o .1 -l :3;,., nJ-"" r-- -nrn ~\)O ,",1 -::',C) :,~.:~;~ ~m :':0 .< ::.c- "'~-J :::b U'-j ~ - , , r-..... SHERIFF'S RETURN - REGULAR CASE NO: 2005-01937 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WORRALL N SCOTT ET AL VS CONSUMERS INSUANCE AGENCY ETAL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CONSUMERS INSURANCE AGENCY INC the DEFENDANT , at 1420:00 HOURS, on the 25th day of April 2005 at 240 SOUTH 18TH STREET CAMP HILL, PA 17011 by handing to ERICA WELLER, SECRETARY ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 10.36 .00 10.00 .00 38.36 " ...,- ,J~ ,- "r R. Thomas Kline /~ " Sworn and Subscribed to before 04/27/2005 FOREMAN & FOREMAN ' }^ By: (-) / ft/; ntb~ 1/ , ,. '.)Deputy Sheri f me this -:') ...4 day of .J rh""0 :}t)V.', A. D. ~'''1'' - D 'YVI,O'O,., ~ Onr:j Prothonotary' I I . .-..... SHERIFF'S RETURN - REGULAR CASE NO: 2005-01937 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WORRALL N SCOTT ET AL VS CONSUMERS INSUANCE AGENCY ETAL SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ERIE INSURANCE GROUP the DEFENDANT , at 1447:00 HOURS, on the 25th day of April , 2005 at 4901 LOUISE DRIVE MECHANICSBURG, PA 17055 by handing to TOM HElM, MANAGER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 8.14 .00 10.00 .00 24.14 ,'::'~'~~'~ R. Thomas Kline me this ,'......." day of 04/27/2005 FOREMAN & FOREMj\N ~ By: ?tl~- 4 L~/ , Deputy Sheri f Sworn and Subscribed to before 1t'\."-<1 J o>v .;' A . D . )A'fu Q, ~,I)C;., n l'ftl Prothonotary . , '- - . N. SCOTT WORRALL and PATRICIA A. WORRALL, Plaintiffs v. CONSUMERS INSURANCE AGENCY, INC., and ERIE INSURANCE GROUP, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1937 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of Defendant, Consumers Insurance Agency, Inc., only in the above referenced matter. Respectfully Submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN II ON M. O'DONNELL, ESQUIRE I. . NO.: 79457 00 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3503 Attorneys for Defendant, Consumers Insurance Agency, Inc. . -~ -. N. SCOTT WORRALL and PATRICIA A. WORRALL, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-1937 CIVIL CONSUMERS INSURANCE AGENCY, INC., and ERIE INSURANCE GROUP, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true ,md correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Harrisburg, Pennsylvania, first-class postage prepaid, on the ~y of , 2005, and addressed as follows: Jonathan M. Crist, Esquire Foreman & Foreman, P.c. 4409 North Front Street Harrisburg, PA 17110-1709 DATE I/o ~ ALL,DENNEHEY, WARNER AN AND GOGGIN ,ON M. O'DONNELL, ESQUIRE ttorneys for Defendant, Consumers Insurance Agency, Inc. ('\ ---\ (..,) c..:? .- v ,_.t,. N. SCOTT WORRALL and PATR1CIAA. WORRALL, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-1937 CONSUMERS INSURANCE AGENCY. INC. and ERIE INSURANCE GROUP, Defendants CIVIL ACTION-LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of Buzgon Davis Law Offices whose address is 525 South Eighth Street, P.O. Box 49, Lebanon, Pennsylvania 17042.0049, as attorneys for Erie I nsurance Group, a Defendant, in the above-captioned case. BUZGON DA VIS LAW OFFICES DATE: May 17,2005 BY: " ,. I{ \.J~ !-.., I SCOTT 1. GRE~LE, ESQUIRE Attorney 1.0. #7 08 525 South Eighth Street P.O. Box 49 Lebanon, PA 17042-0049 (717) 274.1421 . . N. SCOTT WORRALL and PATRICIA A. WORRALL, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05-1937 CONSUMERS INSURANCE AGENCY. INC. and ERIE INSURANCE GROUP, Defendants CIVIL ACTION-LAW JURY TRIAL DEMANDED AFFIDA VIT OF SERVICE COMMONWEALTH OF PENNSYL VANIA) ) ss: COUNTY OF LEBANON ) I, Janelle K. Worcester, an employee of the law firm of Buzgon Davis Law Offices, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Erie Insurance Group, being duly sworn according to law, depose and say that on May 18, 2005, I filed in the Office of the Prothonotary of Cumberland County, the original PRAECIPE FOR ENTRY OF APPEARANCE and that I mailed, by First Class mail, in a postpaid envelope, a true and correct copy to Jonathan M. Crist, Esquire, 4409 North Front Street, Harrisburg, Pennsylvania 17] 10-1709 and Sharon O'Donnell, Esquire, 4200 Crums Mill Road, Suite B, Harrisburg, Pennsylvania 17112, Attorney for Consumers Insurance Agency, Inc. Sworn to and subscribed before me this 23rd day of May, AD.. 2005. ...--- ) Member, PennSr1V8~li:-J h'i,:,__'-~JL.;i,:.:-:~ Of !\o~r1es ""j ",l I :~; ~'.. " "-> N. SCOTT WORRALL and PATRICIA A. WORRALL, Plaintiffs v. CONSUMERS INSURANCE AGENCY, INC., and ERIE INSURANCE GROUP, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1937 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Jonathan M. Crist, Esquire Foreman & Foreman, P.c. 4409 North Front Street Harrisburg, PA 17110-1709 You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service of hereof or a default judgment may be filed against you. DATE: IPf5/or Respectfully submitted, MARSHALL, DENNEHEY, WARNER, AN & GOGGIN N M. O'DONNELL, ESQUIRE J.D. o. 79457 4200 Crums Mill Road, Suite B HarrIsburg, P A 17112 (717) 651-3503 Attorneys for Defendants MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN By: Sharon M. O'Donnell, Esquire Identification No. 79457 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Email: sodonnell@mdwcg.com (717) 651 -3503 Attorneys for Defendants, Consumers Insurance Agency N. SCOTT WORRALL and PATRICIA A. WORRALL, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-1937 CIVIL CONSUMERS INSURANCE AGENCY, INC., and ERIE INSURANCE GROUP, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER DEFENSES The Defendant, Consumers Insurance Agency, Inc., by and through its counsel, Marshall, Dennehey, Warner, Coleman & Goggin, hereby makes answer to Plaintiffs Complaint and in support thereof states the following: I. Admitted upon information and belief 2. Denied. Defendant, Consumers Insurance Agency, Inc., is a Pennsylvania Business Corporation with an office or principal place of business located at 240 South 18th Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Admitted upon information and belief 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied. The policy, attached as Exhibit B to the complaint, speaks for itself. 9. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 9 of Plaintiffs complaint. The remaining allegations are denied pursuant to the provisions of Pa.R.C.P.I029(e). 10. Admitted upon information and belief. 11. Denied. The allegations and averments of paragraph 11 are denied pursuant to the provisions ofPa. RC.P. 1029(e). 12. Denied. The allegations and averments of paragraph 12 are denied pursuant to the provisions ofPa.RC.P. 1029(e). 13. Denied. The subject policy language speaks for itself 14. Denied. The subject policy language speaks for itself. ] 5. Denied. The subject policy language speaks for itself 16. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 16 of Plaintiffs complaint. The remaining allegations are denied pursuant to Pa.R.C.P. 1029(e). 17. Denied. The allegations and averments of paragraph 17 are denied pursuant to the provisions ofPa.R.C.P. 1029(e). 18. Denied. The allegations and averments of paragraph 18 of Plaintiffs complaint are denied pursuant to the provisions ofPa.RC.P. 1029(e). 19. Denied. The allegations and averments of paragraph 19 of Plaintiffs complaint are denied pursuant to the provisions ofPa.R.C.P. 1029(e). 2 20. Denied. The allegations and averments of paragraph 20 of Plaintiffs' complaint are denied pursuant to the provisions ofPa.R.C.P. 1029(e). 21. Admitted upon information and belief. 22. Denied. The allegations and averments of paragraph 22 of Plaintiffs' complaint are denied pursuant to the provisions ofPa.R.C.P. 1029(e). 23. Denied. The allegations and averments of paragraph 23 of Plaintiffs' complaint are denied pursuant to the provisions ofPa.R.C.P. 1029(e). 24. Denied. The allegations and averments of paragraph 24 of Plaintiffs' complaint are denied pursuant to the provisions ofPa.R.C.P. I029(e). 25. Denied. The allegations and averments of paragraph 25 of Plaintiffs' complaint are denied pursuant to the provisions ofPa.R.C.P. 1029(e). Count I - Breach of Contract W orralls v. Erie Insurance Group 26. The answering Defendant, Consumers Insurance Agency, Inc., incorporates herein by reference its responses to paragraphs I through 25 of Plaintiffs' complaint as fully as if the same were herein set forth at length. 27. The allegations and averments of paragraph 27 of Plaintiffs' complaint are not directed to the answering Defendant and no response is made thereto. WHEREFORE, the answering Defendant, Consumers Insurance Agency, Inc. requests this Honorable Court to dismiss Count I as to the answering Defendant and to enter judgment in its favor together with such other relief as the Court may deem appropriate. Count II - Nee:lie:ence Worralls v. Consumer Insurance Agency. Inc. 3 28. The answering Defendant, Consumers Insurance Agency, Inc., incorporates herein by reference its responses to paragraphs 1 through 27 of the Plaintiffs complaint as fully as if the same were herein set forth at length. 29. (a)-(d). Denied. The allegations and averments of paragraph 29, (a) through (d) are conclusions of law to which no further response is required. To the extent a response is required, Defendant, Consumers Insurance Agency, Inc. denies that such duty to perform periodic inspections of an insureds dwelling is necessary, or the standard of care applicable to agents and/or brokers within the industry. 30. Denied. The allegations and averments of paragraph 30 of Plaintiffs complaint are denied pursuant to the provisions ofPa.R.C.P. 1029(e). 31. Denied. The allegations and averments of paragraph 31 of Plaintiffs' complaint are denied pursuant to the provisions ofPa.R.C.P. 1029(e). WHEREFORE, the answering Defendant, Consumers Insurance Agency, Inc. requests this Honorable Court to dismiss Count II of Plaintiffs Complaint and to enter judgment in its favor, together with such other relief as the Court may deem appropriate. Count III - Nee:lie:ence Worralls v. Erie Insurance Exchange 32. The answering Defendant, Consumers Insurance Agency, Inc., incorporates herein by reference its responses to paragraphs 1 through 31 of Plaintiffs complaint as fully as if the same were herein set forth at length. 33. The allegations and averments of paragraph 33 of Plaintiffs complaint are not directed to the answering Defendant and no response is made thereto. 4 --- 34. The allegations and averments of paragraph 34 of Plaintiffs complaint are not directed to the answering Defendant and no response is made thereto. WHEREFORE, the answering Defendant, Consumers Insurance Agency, Inc. requests this Honorable Court to dismiss Count III as to the answering Defendant and to enter judgment in its favor together with such other relief as the Court may deem appropriate. Count IV - Nel!lil!ence Worralls v. Erie Insurance Exchange 35. The answering Defendant, Consumers Insurance Agency, Inc. incorporates herein by reference its responses to paragraphs 1 through 34 of Plaintiffs complaint as fully as if the same were herein set forth at length. 36. The allegations and averments of36 of Plaintiffs complaint are not directed to the answering Defendant and no response is made thereto. WHEREFORE, the answering Defendant, Consumers Insurance Agency, Inc. requests this Honorable Court to dismiss Count IV as against the answering Defendant and to enter judgment in its favor together with such other relief as the Court may deem appropriate. New Matter 37. Plaintiffs have failed to state a claim or claims upon which relief may be granted. 38. Plaintiffs' claims may be or are barred by the applicable Statutes of Limitations. 39. Plaintiffs claims may be barred and/or reduced by Plaintiffs own comparative and/or contributory negligence. 40. Plaintiffs' claims may be barred by their own assumption of the risk. 41. Plaintiffs' damages, if any, the same being denied, may have been caused by third persons or parties over whom the answering Defendant had no control or right to control. 5 42. Plaintiffs' damages, if any, the same being denied, were caused in whole or in part by superceding and intervening acts ofthird parties over whom the answering Defendant had no control or right to control. 43. The answering Defendant, through its agents and/or employees breached no duty of care to the Plaintiffs and none, as described in the complaint, was owed. 44. The answering Defendant reserves the right as add defenses, as discovery discloses at an appropriate time in the future. Respectfully submitted, MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN SH ON M. O'DONNELL, ESQUIRE Su .CT. I.D. No. 79457 42 0 Crums Mill Road, Suite B Harrisburg,PA 17112 (717) 651-3503 Attorneys for Defendants, Consumers Insurance Agency, Inc. 6 VERIFICATION I, Eric Patrick, a defendant in the above matter, verify that the facts set forth in Answer with New Matter are true to the best of my knowledge, information and belief. If the above statements are not true, the deponent is subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. DATE: ERIC PATRICK N. SCOTT WORRALL and PATRICIA A. WORRALL, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-1937 CIVIL CONSUMERS INSURANCE AGENCY, INC., and ERIE INSURANCE GROUP, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Harrisburg, Pennsylvania, first-class postage prepaid, on the /3fLaay of Aifr^' ,2005, and addressed as follows: 7 Jonathan M. Crist, Esquire Foreman & Foreman, P.C. 4409 North Front Street Harrisburg, PA 17110-1709 Scott 1. Grenoble, Esquire Buzgon Davis 525 S. 8th Street P. O. Box 49 Lebanon, P A 17042-0049 MARSHALL, DENNEHEY, WARNER M AND GOGGIN ON M. O'DONNELL, SQUIRE Att neys for Defendants, C sumers Insurance Agency BY: ...., c.::;) c.:..... c.r1 <-- ~.~;~ o -n :~..,. f11r:-o;' 1-11 C;J () " ::-: Ul -0 .. n l''' ,,:';' {....) (..il ~;J .< - ,nb''! .hjg:Jiiorl'J-:rie insm:mi.:l; C;oll1pHnY\\\:drralk\Il:,\\er and New :Vlal.h:r.ddG w 6/ I {)!r'\ q: i (j i\!v1 N. SCOTT WORRALL and PATRICIA A. WORRALL, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-1937 CONSUMERS INSURANCE AGENCY, INC. and ERIE INSURANCE EXCHANGE, incorrectly identified as The Erie Insurance Group, Defendants CIVIL ACTION-LAW JURY TRIAL DEMANDED NOTICE TO PLEAD To Plaintiffs: You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. ANSWER AND NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, Erie Insurance Exchange, incorrectly identified as the Erie Insurance Exchange, incorrectly identified as The Erie Insurance Group, by its attorneys, Buzgon Davis Law Offices, and files this Answer and New Matter, averring as follows: I. ANSWER 1. Admitted upon information and belief. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that the Erie Insurance Exchange is the appropriate party in this litigation. As the polky averments apply to the Erie Insurance Exchange, said allegations are admitted. It is denied that the Erie Insurance Group is an appropriate Defendant in this litigation. Any allegations made against the Erie Insurance Group are denied. 4. Denied. The averments of paragraph 4 set forth conclusions of law to which no response is required. By way of further response, said allegations are denied, strict proof being demanded at trial. 5. Admitted. 6. Admitted in part and denied in part. It is admitted that the application of insurance was accepted by Erie and that a policy was issued. 7. Admitted in part and denied in part. It is admitted that the policy was in force through December 5, 2004. The accuracy of the attached policy and declaration page are denied pending confirmation. 8. Denied. The policy of insurance is a document in writing and speaks for itself. Plaintiff s characterizations thereof are hereby denied to the extent they are inconsistent with the express terms and conditions of said policy. 9. Denied. 10. Admitted in part and denied in part. It is admitted that, upon information and belief, the foundation of the dwelling had been completed as of the period and time that Plaintiff applied for insurance coverage. The remaining averments are denied as answering Defendant is without sufficient information to respond to those averments. 11. Denied. After reasonable investigation, answering Defendant is without sufficient information to respond to the averments of paragraph 11, strict proof being demanded at trial. -2- 12. Denied. The policy of insurance and declarations pages are documents in writing and speak for themselves. To the extent that said averments are inconsistent or contrary to said written documents, said allegations are denied. 13. Denied. The policy of insurance and declarations statements are documents in writing and speak for themselves. To the extent that said averments are inconsistent or contrary to said written documents, said allegations are denied. 14. Denied. The policy of insurance and declarations statements are documents in writing and speak for themselves. To the extent that said averments are inconsistent or contrary to said written documents, said allegations are denied. 15. Denied. The policy of insurance and declarations statements are documents in writing and speak for themselves. To the extent that said averments are inconsistent or contrary to said written documents, said allegations are denied. 16. Denied. After reasonable investigation, Defendants are without sufficient information to respond to the averments of paragraph 16, strict pl'Oofbeing demanded at trial. 17. Denied. After reasonable investigation, Defemdants are without sufficient information to respond to the averments of paragraph 17, strict proof being demanded at trial. 18. Denied. After reasonable investigation, Defcmdants are without sufficient information to respond to the averments of paragraph 18, strict proof being demanded at trial. 19. Admitted upon information and belief. 20. Denied. After reasonable investigation, Defendants are without sufficient information to respond to the averments of paragraph 20, strict proof being demanded at trial. 21. Admitted. -3- 22. Admitted. It is denied that said claim was covemd by the terms and/or conditions of the insurance policy. 23. Admitted in part and denied in part. Upon information and belief, it is admitted that the Erie Insurance Exchange has issued payments to Plaintiffs consistent with the evaluation of the original portion of the dwelling. It is further admitted that Plaintiffs did not request nor obtain coverage for the addition which was added to the house and therefore said addition was not covered under the terms and conditions of the policy. It is denied that the addition was covered under the terms of the policy. 24. Denied. The averments of paragraph 24 set forth conclusions of law to which no response is required. By way of further response, it is admitted that Plaintiffs' insurance policy did not provide further coverage for debris removal. 25. Denied. The averments of paragraph 25 set forth conclusions of law to which no response is required. By way of further response, it is admitted that Plaintiffs' insurance policy did not provide further coverage for personal property damages. COUNT I - BREACH OF CONTRA.CT WORRALLS v. ERIE INSURANCE EXCHANGE, incorrectlv identified as The Erie Insuran'~e Group 26. The answers to paragraphs I through 25 are incorporated herein by reference as if textually set forth at length. 27. Denied. The averments of paragraph 27 set forth conclusions of law to which no response is required. By way of further response, said allegations are denied, strict proof being demanded at trial. By way of further response, Erie Insurance Group is not an appropriate party to this litigation and had no role in the issuance of the aforefel'enced insurance policies or the servicing of Plaintiff s insurance policy or claim. -4- WHEREFORE, Defendant, Erie Insurance Exchange, respectfully requests this Honorable Court to dismiss Plaintiffs' Complaint with prejudice. COUNT II - BREACH OF CONTRACT WORRALLS v. CONSUMERS INSURANCE AGENCY, INC. 28. The answers to paragraphs 1 through 27 are incorporated herein by reference as if textually set forth at length. 29.-31. The averments of paragraphs 29 through 31 are directed to parties other than answering Defendant. Therefore, said allegations are denied. COUNT III - NEGLIGENCE WORRALLS v. ERIE INSURANCE EXCHANGE 32. The answers to paragraphs 1 through 27 are incorporated herein by reference as if textually set forth at length. 33.a.-e. Denied. The averments of paragraphs 33a.-e. represent conclusions of law to which no response is required. By way of further response, sa~d allegations are denied, strict proof being demanded at trial. 34. Denied. The averments of paragraph 34 set forth conclusions of law to which no response is required. By way of further response, said allegations are denied, strict proof being demanded at trial. WHEREFORE, Defendant, Erie Insurance Exchange, respectfully requests this Honorable Court to dismiss Plaintiffs' Complaint with prejudice. -5- COUNT IV - NEGLIGENCE WORRALLS v. ERIE INSURANCE EXCHANGE 35. The answers to paragraphs 1 through 34 are incorporated herein by reference as if textually set forth at length. 35. (sic) Denied. The averments of paragraph 35 (sic) set forth conclusions of law to which no response is required. By way of further response, said allegations are denied, strict proof being demanded at trial. WHEREFORE, Defendant, Erie Insurance Exchange, respectfully requests this Honorable Court to dismiss Plaintiffs' Complaint with prejudice. II. NEW MATTER 37. On or about July 1, 1985, Plaintiffs executed an application for insurance with Erie Insurance Exchange. 38. At the time of the July 1, 1985, application for insurance, Plaintiffs requested coverage for a house with finished living space totaling approximately 1,800 square feet. 39. In or about 1991, Plaintiff constructed an addition to the residence which added approximately 600 additional square feet of finished structure to the building. 40. The cost and value of said addition was in excess of $5,000. 41. At no time prior to December 5, 2004, did Plaintiffs, individually or jointly, notify the Erie Insurance Exchange of the construction of said addition to the residence. 42. At no time prior to December 5, 2004, was the Erie Insurance Exchange advised by any party, individual or entity that Plaintiffs had improved their property by a value in excess of$5,000 subsequent to Plaintiffs' July 1,1985, application for insurance. -6- 43. Plaintiffs' policy of insurance provided, in part, as follows: SECTION I-RIGHTS AND DUTIES-CONDITIONS (3) AUTOMATIC ADJUSTMENT OF COVERAGE AMOUNTS Dwelling, Other Structures, Personal Property You are required to notify us or our Agent of any improvements or other changes to the dwelling which exceed $5000. This notice must be given to us within 90 days after such improvements or changes are started. If we are not notified, we do not cover loss to such improvements or changes. Your premium may be adjusted during the current policy period to reflect the additional amount of insurance. 44. Plaintiffs failed to advise the Erie Insurance Exchange of said improvements contrary to the express terms and conditions of the insurance policy and are therefore precluded from further recovery. 45. Defendant, Erie Insurance Exchange, has no affirmative duty to conduct ongoing evaluations of Plaintiffs' property which would assess any improvements which Plaintiffs undertook but failed to provide notification to the Erie. 46. Plaintiffs' claims are not covered by the terms ,md conditions of the insurance policy. 47. Plaintiffs negligently failed to advise the Erie Insllfance Exchange of subsequent changes and/or improvements to the property and are therefore estopped from asserting coverage for said improvements. 48. Plaintiffs' claims are barred, in whole or in part, by the one-year statute of limitations provision which is expressly set forth in Plaintiffs' insurance contract and mandated by Pennsylvania law. 49. Plaintiffs' claims are barred, in whole or in part, by the applicable statute of limitations. -7- 50. Plaintiffs' claims are barred in whole or in part by the doctrine of accard and satisfaction. 51. The Erie Insurance Exchange is entitled to an offset and/or credit far all payments which have thus far been made pursuant to the terms and conditions of the policy. 52. Plaintiffs have failed to comply with the above-referenced terms and canditians .of the palicy with respect to the addition which was added to the property. 53. Plaintiffs' failure to comply with the aforereferenced policy provisions precludes coverage for that portian ofthe praperty consistent with the terms and conditions of the policy. 54. Plaintiffs' failure toO comply with the aforereferenced policy provisions precludes additional pro rata coverage with respect to personal property and debris removal for said addition consistent with the terms and conditions of the policy. 55. Plaintiffs' claims are barred in whole or in part by the doctrine .of estoppel. 56. Plaintiffs' claims are barred in whale or in part by their own negligence in failing to .obtain or request adequate insurance coverage. WHEREFORE, Defendant, Erie Insurance Exchange, respectfully requests this Honorable Court to dismiss Plaintiffs' Camplaint with prejudice. BUZOON DAVIS LAW OFFICES (' BY: Scott L. Ore ble, Esquire Attorney!. .#72808 525 South Eighth Street Past Office Bax 49 Lebanon,PA 17042-0049 (71 7) 274-1421 Fax: (717) 274-1752 E-Mail: sgrenoble@buzgondavis.com Attorneys for Defendant, Erie Insurance Oroup -8- VERIFICATION I, SCOTT 1. GRENOBLE, do hereby verify that I am the attorney for Erie Insurance Exchange, in the within action. The facts set forth in the foregoing Answer & New Matter to Plaintiffs' Complaint are true and correct to the best of my knowledge, information and belief, as conveyed to me by my client. My knowledge in this matter is based entirely on what has been passed to me by my client. I hereby further verify that I am signing this Verification on behalf of my client, pursuant to Rule 1024(c) of the Pennsylvania Rules of Civil Procedure, because my client is unavailable to timely file this Verification within the time allowed for filing a pleading. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. SCOTT L ' b~ REN LE Date: June 21, 2005 N. SCOTT WORRALL and PATRICIA A. WORRALL, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-1937 CONSUMERS INSURANCE AGENCY, INC. and ERIE INSURANCE GROUP, Defendants CIVIL ACTION-LAW JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE: COMMONWEALTH OF PENNSYLVANIA) ) ss: COUNTY OF LEBANON ) I, Janelle K. Worcester, an employee of the law firm ofBuzgon Davis Law Offices, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvaniia, Attorneys for Erie Insurance Group, being duly sworn according to law, depose and say that on June 21, 20005, I filed in the Office of the Prothonotary of Cumberland County, the original ANSWER AND NEW MATTER TO PLAINTIFFS' COMPLAINT and that I mailed, by First Class mail, in a postpaid envelope, a true and correct copy to Jonathan M. Crist, Esquire, 4409 North Front Street, Harrisburg, Pennsylvania 17110-1709 and Sharon O'Donnell, Esquire, 42000 Crums Mill Road, Suite B, Harrisburg, Pennsylvania 17112, Attorney for Consumers Insurance Agency, Inc. Sworn to and subscribed before me this 21 st day of June, A.D., 2005. J ~ ry/n,j)j.rl.tJ....Qfl o.ri.~ Notary PUbliC~ tJ ~',::,. <C., ~, ....> C~~ -~ ~.J') ,';l N \'V , :::~ -'C. ~ ..... :T'. -M r"'r~ :'f\\~' "2c) l'E~'t;~ ~~..:.:,01 ;:;, -~ -D :J:~ <-:? - o N. SCOTT WORRALL and PATRICIA A. WORRALL, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 05-1937 CONSUMERS INSURANCE AGENCY, INC. and ERIE INSURANCE GROUP, Defendants CIVIL ACTION-LAW JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) ss: COUNTY OF LEBANON ) I, Janelle K. Worcester, an employee of the law firm of Buzgon Davis Law Offices, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Erie Insurance Group, being duly sworn according to law, depose and say that on June 28, 2005, I mailed the original and one copy ofINTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS by First Class mail, in a postpaid envelope, to Jonathan M. Crist, Esquire, 4409 North Front Street, Harrisburg, Pennsylvania 17110-1709 and a true and correct copy to Sharon O'Donnell, Esquire, 4200 Crums Mill Road, Suite B, Harrisburg, Pennsylvania 17112, Attorney for Consumers Insurance Agency, Inc. Sworn to and subscribed before me this 28th day :k:' AD'2~~^- N"~~ /~ \~ ^~ J,ANELLEK. OR.cESTER COMMONWEA~~NNSiJYLVA)NIA Amanda Lee Snader, ~,~ City Of Lebanon, Lebanon Courlly My Commissloo Expjres Jan. 3, 2009 Member, Pennsylvania AssociatiOiil of Notariel a ...., ~ <=::> c.:: <=::> ? ...... ;:R(f, <- ~i t rf"' c: Z:,'-:~' :z:: ?t; N B <- ~' ...0 ,<:C' -0 ~31 iQ ~ ::lI: --~ ~ 0 ~ ';;! :P .s:- '< MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Peggy M. Morcom, Esquire Identification No. 92463 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Email: omorcom({V.mdwce:.com (717) 651-3517 Attornevs for Youth Advocate Proeram. Inc. N. SCOTT WORRALL and PATRICIA A. WORRALL, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-1937 CIVIL CONSUMERS INSURANCE AGENCY, INC., and ERIE INSURANCE GROUP, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of Defendant, Consumers Insurance Agency, Inc., in the above captioned matter. Respectfully submitted, MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN ~ By~7a )1j~ PEGG . MORCOM, ESQUIRE I.D. No, 92463 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (717) 651-3517 Attorneys for Defendant, Consumer's Insurance Agency, Inc. 105_ A ILIABIPZMILLPGIlO J 891 I TKCII 9 J 30100697 CERTIFICATE OF SERVICE I hereby certify that I have served upon all parties listed below a true and correct copy of PRAECIPE FOR ENTRY OF APPEARANCE in the above-captioned matter this October a, 2005 by regular mail. Jonathan M. Crist, Esquire Foreman & Foreman, P.C. 4409 North Front Street Harrisburg, PA 17110-1709 (Counsel for Plaintiffs) Scott 1. Grenoble, Esquire Buzgon Davis Law Offices 525 S. 8th Street P. O. Box 49 Lebanon, P A 17042-0049 (Counsel for Defendant, Erie Insurance Group) By: MARSHALL, DENNEHEY, WARNER COLEMAN AND GOGGIN ;fk~~ Attorneys for Defendant, Consumer's Insurance Agency, Inc. \05_ A \LIABIPZM\LLPG\20 1891 \TKC\ 19130\00697 ,\ _..- L N. SCOTT WORRALL and PATRICIA A. WORRALL, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-1937 CONSUMERS INSURANCE AGENCY, INC. and ERIE INSURANCE GROUP, Defendants CIVIL ACTION-LAW JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) ss: COUNTY OF LEBANON ) I, Janelle K. Worcester, an employee of the law firm of Buzgon Davis Law Offices, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Erie Insurance Group, being duly sworn according to law, depose and say that on May 15, 2006, I mailed the original RESPONSES OF DEFENDANT, THE ERIE INSURANCE EXCHANGE, TO PLAINTIFFS' INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS by Overnight mail, in a postpaid envelope, to Joseph Caraciolo, Esquire, 4409 North Front Street, Harrisburg, Pennsylvania 17110-1709 and a true and correct copy to Peggy M. Morcom, Esquire, 4200 Crums Mill Road, Suite B, Harrisburg, Pennsylvania 17112, Attorney for Consumers Insurance Agency, Inc. Sworn to and subscribed before me this 15th day of May, A.D., 2 06. ~ (') c ..,... ::~. -00:: s;rr ..'~ '.- cr) .","_ -< . f;:: -'1"_, ~;: 2:: Z ~ .-...3 = <= Cl'"' :J!: ~ -< ~ .~ :r:..,., n1p -orn :09 .~C~ -'j: :r-\ ~~~ -'''; ~ ~ C1' -0 :31: f~ N .s:;- . MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Christopher J. Conrad, Esquire 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 Email: cjconrad@mdwcg.com (717)651-3531 N. SCOTT WORRALL and PATRICIA A. WORRALL, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1937 CIVIL v. CONSUMERS INSURANCE AGENCY, INC., and ERIE INSURANCE GROUP, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of Defendant, Consumers Insurance Agency, Inc., in the above captioned matter. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Date: 1j)J-jou BY (].~~ CHRISTO R J. CONRAD, ESQUIRE J.D. NO. 202348 4200 Crums Mill Road, Suite B Harrisburg, PA 17lJ2 (717) 651-3513 ~ CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Harrisburg, Pennsylvania, first-class postage prepaid, on the date set forth below, and addressed as foIlows: Joseph D. Caraciolo, Esquire Foreman & Foreman, P.C. 112 Market Street, 6th Floor Harrisburg, PA 17101-2015 Scott L. Grenoble, Esquire Buzgon Davis Law Offices 525 S. 8th Street P. O. Box 49 Lebanon, P A 17042-0049 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: J I J-J-Iolt BY: 6 CHRISTO IOS _ AILIABICJCONRADISLPG\22994SVLKA W ALECl19130\00697 2 '2 s::. -0\.-;'"; nil": -:1"--\", 9(; Gi)' -'"- . r::.l. <- ---.p' (.:.,: 2., ) 7e: :z. :< ~ o~ C G'> N (.,.) ~ :t f11~ -on:! -0 t;! ~(:l, '(.,4''\ (;0 ..,.- ~ lit 9 ~ ::l ..." :;Y:. r:-? "" 0' - ,. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Peggy M. Morcom, Esquire 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 Email: pmmorcom@mdwcg.com (717) 651-3517 N. SCOTT WORRALL and PATRICIA A. WORRALL, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1937 CIVIL v. CONSUMERS INSURANCE AGENCY, INC., and ERIE INSURANCE GROUP, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of the undersigned on behalf of Defendant, Consumers Insurance Agency, Inc., in the above captioned matter. Respectfully submitted, BY: Date: fl'11 V If) /tJ # f PEGGY . ORCOM, ESQUIRE J.D. NO. 92463 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (717) 651-3517 - "... CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Harrisburg, Pennsylvania, first-class postage prepaid, on the date set forth below, and addressed as follows: Joseph D. Caraciolo, Esquire Foreman & Foreman, P.C. 112 Market Street, 6th Floor Harrisburg,PA 17101-2015 (Counsel for Plaintiff) Scott 1. Grenoble, Esquire Buzgon Davis Law Offices 525 S. 8th Street P. O. Box 49 Lebanon, P A 17042-0049 (Counsel for Defendant, Erie Insurance Group) MARSHALL, DENNEHEY, WARNER. COLEMAN & GOGGIN 19tti!o~s:=' B' DATE: l" h V/O ~ , 105_ AILIABIPMMORCOMILLPG12301631TKCOPENHA VERI19130100697 - 0 "'" ~ = c = ~.::: "'" -r] t:' 7>" :r!::n n'l L c...:: m,.... -" en N -o~ r./) -"J .1 (J1 I~ 1. -....;: " .~,..\C~ ~ '- "'j_ "1', .. -0 i>~B . ,,;:_. ~. ~ ',_. c3rn c C:? :;~ "/ ~ N :n 0 -< N. SCOTT WORRALL and PATRICIA A. WORRALL, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 05-1937 CONSUMERS INSURANCE AGENCY and THE ERIE INSURANCE EXCHANGE: CIVIL ACTION - LA W Defendants JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please enter, on behalf of Plaintiffs, N. Scott Worrall and Patricia A. Worrall, the above- captioned matter settled, discontinued and ended. seph D. Caraciolo, Esquire oreman & Foreman, P .C. Veteran's Memorial Building 112 Market Street, 6th Floor Harrisburg, PA 17101-2015 ID#: 90919 Tel: (717) 236-9391 Date: Jj / d- <6"/0 , ( t o C <Coo -oi'S o.;J f.i : z["" 1"1", J ':'<.: d ~ )"?,,,.'''' 6~~~-'; :;po c: z ~ "" c;:) c;:) 0""' ::z:: o < N \.0 -0 ::r: N .r:- 0'\ ~ ~:D -oFii :06 o _-{ .J -C,i i......:D ,..JO am ~ =<