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Home My WebLink About94-07339 " , " ,,' ," I '\ ..:1 'I, {I d ';, _,<'1.: T Ii _/ I' "II' ~."" I I I!- ~J "] ):;;,,;, ')' ~ J )" I I ir_ I! ;, ,I " , I " ,I , ' 'I ,- , ,/ i " '., ~ .', II';' I'; ','i .il '1" I'] 1""-' 'I" , 'I',,' -", 1!'It' (1 u L5 ,II " , '11- ,~ ,! . ,-"~ ,I :I I , -I', .t' "'I' ('I-,j "I J' , I 'I, , " ~ \ n'I-' .! , ! ~I: :'-11 , , " I".,{(~-I{-' " :,'1: ,,:, I , ' -", " 1,1 II " 11-, "'f I. . 'J\';' 1,- " .., )" . ~ " , ":1: , , -I'l- l,! ,I, " I.. ',I' ,I ", "J' i,-II ",I- I] '1, :.1 ','.-;'\, ILl, ,,1\1 'I" ., ')j ,['\ " ';;'1 ", , "" ~ 2"' .... ~ " , I',,' '11,1 I' ,', ,,' " " , " . ~ I' \- , 1,1;' , \, " " , ' ,>I' .., ":1,,' ," ',' '1'1 , I ',' , , ' " !.\ I ',j 'I " ", ,[ ,/ ,I ',!, ::1 , " " " ,,-1'1 'I "I , ',' I, , ' ,j,' ,.. 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MINGES, III and BRENDA L. MINGES, Plaintiff ERIE INSURANCE GROUP, ERIE INSURANCE EXCHANGE and ERIE INSURANCE COMPANY, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue Writs of Summons against Defendants Erie Insurance Group, Erie Insurance Exohange and Erie Insuranoe company in the above action. Date: December 30, 1994 8y: 1J o.Brenneman, Esqu re 44 West Main street Mechanicsburg, PA 17055 (717) 697-8528 Attorney I.D. No. 47077 Attorneys for Plaintiffs P. C. LAw O,"'ICU, SNIL13AKER . BRCNNEMAN Ct I-e. ,I{I'} qCfM L "la~..:.. Or. '4 I 1~(I'S,)W~YIlQ.. 13J..IS;Mr;s ( I'tt,it r /lA ~ t fA t ,II (5 b II >1 1-11 1765J , ,. , i , I ) , ,. f , , I " ;0:; ," . " ,- ~ ., 1..,-.. ,.. , " .... 11,"-' '") , " , " ,', 1 ~ 'j'j'-;' , '~ " 'r) -;:.,.1 "'~ " ~ ',' ,... t:: , \ I~ ,'1, " " r.'" , I,; -. , , ) " " t, , l,l' , ':...\ cu ':, , , , " ;11 ,I " ;' " , I, ,', , , " ~ , ":\.:) \ ' ~"" .~. ~. , ' " " " ' 'I 1 , " , ' , ' '.;:J '" I " Ii I,d , " I,J' , i I' " , , V") J. .;;) I'('l <..,...'-.9 'J'- ~ ~ Q ,.. et~~ "" rn ..... " ;11' , " ",II , , , " , , I;, " " " I,'." " " '" !i , " ...' >J; , ' , , " " ',i' 'I Commonwealth of Pennsylvania County of Cumberland George W. Minges, III ~nd Brendll L. Minges Court of ClonunOIl Pleu VI. No. ___.___.~_4:,_U.~LC;;iY,U..~..-m. 19____ In _.____._.9_~y.~!.~P.~~_q~._:__~!t~___.---..- Erie Insur~nce Group Eri~ Insur~nce Exchdnge ~nd Erie Ineurllnc~ compllny 4901 Louis~ Dr. Rossmoyn~ Business Center M~ch~nicsburg PA 17055 To ________EJ::ie._l.D.S.U::l:lnctl.-~O.LlP...-E.ri.tl Insur~nce Exch~nge tmd Erie Insur~nce Comp~ny: , You are hereby notified Iha: .___________~_~9_~9~_~~__~~_~g~~_~__I_!J._~.Q~__~F_~P_~~__~.~_!1!!l9~~_________.______._____._ . v Summons -Civil Action - L~w the Plainnffl ha ttommeneed an action in --------------------------------------------------..---. agaiN: you which you are required to defend or a delaul: jupgmen: may be entered aplnlt you, (SEAL) Date __..P.~~.~T_~~E__~~.!_.______._19._.?_4 L~wrence E4 Welker .----.-------------p~th~~U;~-.-..-..-.-.----.- By ......1.'""....~~!d.iU..--- , " " , " , I! " , , , ' , , I, ,'.f Ii I,' , I 'tI J l:: l,~ cJl ~~ ~ . l:: l:: . I-i go !lldll it I-l .c~ OO~ .El ;J .-l . ~&lu 11l ,'" ~ ~ o-l If > J r ,'''' tlltll QJ QJ QJ ~ U c: l:: . 0 0 0 'M .... c: c: c: c: CI\ :E:E 11l 11l ,Il 0 1< ,., ~ H H .", li~ ,., . . ;:l ;:l .... $ I I" :Jlo-l III III III CJ I c: c: c: .0: .., QJ'tl I-i "'H - CI\ tlll:: .-< ~ H 11l QJ QJ QJ .", i~ I ~,~ ,"',"','" > I . I H H H .", - ~~~ u I " , , " "" GEORGE W. MINGES, III and BRENDA L. MINGES plaintiffs I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY I PENNSYLVANIA I I CIVIL ACTION - LAW : I 94-7339 CIVIL TERM I I vs. ERIE INSURANCE EXCHANGE Defendant POIOIP. TO THE PROTHONOTARY: Please enter our appearance on behalf of Defendant, Erie , Insurance E~change, in captioned action. LANDIS, BLACK & SCHORPP Date:~.v I:? )9''7...r , BY~~~/~ Edward L. schorpp, sq. Attorney for Defendant 'I " , ., " I!.A .. ,;; "., '" 0") I"- ,'i' ~ :' ! '. I, ,I, " , " ,I I, , " , , " " , " d ., ;1 , , , , ~~ ~~,!l': ..J ~~.~ ~: :~~, ~~~- :1 ~:: ':.~' "j,\ , jl,-,~t \:'\~ ." i1 :Z54}' , ", " " , ' , " ,,' " , I , , , , " " , , " ,I " " " " ", " ", " , , " ,f'l , , 'I I' , , L, ;'1 " .It' " " " , I ", " " "," " " , , " ", I ,It , , , I , " , I I it , , , " , I, , II" " " " , ".1 " " 'III, I 'I; '" " 'I 'I' " , , " I,', ;1, d, , , , " " , l'~ , -I!,I ,\ " 1'1 " , 'I , I' " , " 1',; LAW O"'ICa:. SNELBAKER . BRENNEMAN . . GEORGE W. MINGES, III and BRENDA L. MINGES, Plaintiffs I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA : : : NO. 94-7339 CIVIL TERM I : JURY TRIAL DEMANDED : v. ERIE INSURANCE EXCHANGE, Defendant COMPLAINT Plaintiffs, by their attorneye, Snelbaker & Brenneman, P. C. hereby file this Complaint against Defendant Erie Insurance Excpange and in support thereof state the following: 1. Plaintiffs George W. Minges, III and Brenda L. Minges, husband and wife, are adult individuals residing at 21 East Coover street, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant Erie Insurance Exchange is a corporation or other legally recognized entity authorized to conduct business in the Commonwealth of Pennsylvania, having an office at 4901 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. In January, 1994, Plaintiffs were named insureds under a certain policy or contract of insurance issued or provided by Defendant Erie Insurance Exchange entitled "Pioneer 21st Century HomeProtector Insurance Policy 2003 Ext~acover Edition", a true and correct copy of which contract of insurance is attached hereto and incorporated by reference herein as "Exhibit A". 4. The aforementioned contract of insurance was in effect LAW O,.,IC:,. SNILBAKIR a BRENNEMAN . . during the policy period of July 15, 1993 through July 15, 1994, as evidenced by the Declaration/continuation Notice issued Plaintiffs, a true and oorrect copy of which is attached hereto and J.ncorporated by reference herein as "Exhibit B". 5. In January, 1994 and at all other times relevant hereto, Plaintiffs were the owners of a property improved with a 2 1/2 story frame dwelling known as ~l East Coover street, Meohanicsburg, Pennsylvania (the "premises"), which premis s was the primary residence identified in the Declaration/Contin ation Notice and insured under and by Defendant's policy or contract of insurance. 6. In the month of January, 1994, there were a series of severe winter snow storms together with extremely low temperatures which caused both accumulations of snow on the roofs of Plaintiffs' premises and the formation and damming of ice at various locations around the perimeter of said roofs. 7. As a result of the formation of ice dams during the month of January, 1994, water entered the Plaintiffs' residence in January, 1994 along the edge of the attic and passed downward into the wall of Plaintiffs' home. 8. In March, 1994 Plaintiffs discovered that the paint on a majority of the wood siding on the exterior of their home had cracked and waG separating from the underlying wood siding in -2- LAW 0"'<:1. SNILBAKER a BRINNEMAN . . large blisters and sheets. 9. The b~iBtering and cracking of the paint on the wood siding of Plaintiffs' home was caused by water entering the walls of the premises that had melted from the ice dams made reference to in Paragraph 6 and 7 above. 10. In January, 1994, Plaintiffs observed that a portion of the underside of the seoond floor balcony porch roof was sagging. 11, In April, 1994 while further inspecting the paint damage, Plaintiffs discovered that a face beam which was part of the second floor balcony porch roof had broken away from a rafter in the roof. 12. Upon further investigation by Plaintiffs, it was discovered that at least seven of the balcony porch roof rafters had been split at the point they were notohed and connected to the face beam and that the face beam had separated from the majority of the roof rafters thereby causing a partial collapse of the roof. 13. The splitting of the balcony roof rafters and the separation of the face beam from the roof rafters and the partial collapse of the roof was caused in January, 1994 by the accumulated weight of the snow and ice on the balcony porch roof. 14. In the beginning of April, 1994 Plaintiff notified -3- . Defendant, by and through its authorized agency, agent, servant, employee or representative of the damage and loss discovered and sustained to the wood siding of the premises as well as the porch roof. 15. In reference to the receipt of Plaintiffs' report of losses and damages as set forth in Paragraph 14 above, the Plaintiffs' report was ultimately assigned to an adjuster named Robert J. Edwards. 16. At all times relevant hereto, Robert J. Edwards acted as an agent, representative, servant and/or employee of Defendant and within the scope of his employment and authority as Defendant's agent, representative, servant and/or employee. 17. At the direction of Robert J. Edwards, Plaintiffs obtained various estimates for purposes of determining the costs necessary to fix and repair the losses and damages sustained by Plaintiffs as a result of the snow, ice and water damage more fully set forth above. lB. Plaintiffs obtained estimates from contr.actors and oth~r persons who were specifically recommended to Plaintiffs by Robert J. Edwards. LAW O'Plel. SNllBAKER a BRENNEMAN 19. During the time that Edwards handled Plaintiffs' claims of losses and damages, Edwards made repeated representations to Plaintiffs that the losses and damages that they sustained as -4- '! WHERE TO LOOK IN YOUR POLICY PAGE Addltlonl' LOIHI We Will Pay-Secllon I Automatic Garage Door Opener..............................8 Colla pee .................................................................... 8 Credit Card, Charge Plate, Check Forgery and Counterfeit Money Protection ................................................9 Debrie Removal After Loss ...................................... 9 Emergency Removal of Property .............................9 Fire Department Service Charge8 ..........................9 F'lre Extinguisher Recharge ....................................9 Lock Replacement After Lo8s ..................................9 Loea Aase3ement (Sections [& Ul...........................9 Mechanical Servant and Robot Protection ...........10 Neceuary Repairs After Loss ...............................10 Non-Owned Resldencee .........................................10 Refrigerated Products ............................................10 Temperature Change............................................. 10 Treee. Shrubs. Plants and Lawns .........................10 Agreement .................................................................... 3 Amounts 01 Insurance-Secllon II ...........................13 Coverages-Secllons I & II Dwelling Coverage ...................................................5 Loes ofUee Coverage ...............................................6 Medical Paymenta To Others Coverage ...............13 Other Structuree Coverage .....................................5 Personal Liability Coverage ..................................13 Per80nul Property Coverage ....................................5 Deducllbl_Se~lIon I ................................................10 Oeacrlptlon 01 Insured Property ............. Declarations Perils We Insure AgJlnSl-Secllon I ..........................6 Polley Oellnlllons-Secllons' & II .............................3 RlghlS and Dutles-Condlllons General Polley Condlllons-Secllon III Accountlnl( .............................................................. 17 A..ij(nml'nt ............................................................17 Cnnc"llntinn ...........................................................17 Cuncl'ulm"nt. Frnud.lIr Mi.rcprr.entntinn .........17 Cnoprrnllnn ............................................................17 How Ynllr Policy :'Iny Dc Chnnllt'd . ......................17 PAGE No Contingent Liability......................................... 17 Our Right To Recover ~'rom Othere......................18 Policy Acceptance and Cooperation ......................18 p.,licy Period ..........................................................18 PrIority..................... .............. ................................ 18 Time of Inception ...................................................18 Home end Family Liability Protecllon- Condlllone-Secllon II Bankruptcy of Anyone We Protect........................16 Duties of An Injured Per80n- Medical Payments To Others Coverage ...........16 Limits of Protection ...............................................16 Other Ineurance-Personal Liability Coverage... 16 Suit Againet Us ......................................................16 Your Duties After aLoes ....................................... 16 Property Prot.cllon-Condltlon-secllon I Abandonment of Property .....................................10 Apprai8al................................................................10 Automatic Acljustment ofCoveragB Amounts ......10 Erie Option .............................................................11 Glas8 Replacement ................................................11 Increa8e ofH8Zard .................................................11 Lo88 Payment .........................................................11 Lo8e Settlement .....................................................11 Lo88 To a Pair or Set.............................................. 12 Mortgage Clause ....................................................12 No Benefit to Bailee ............................................... 12 Other Ineurance .....................................................12 Permieeion Granted To You ..................................12 Recovered Property ................................................12 Suit Againet Ue ......................................................12 Your Dutiee After a Lo8s .......................................12 Whet We Allo Pay-Section II Claim Expense8 .....................................................15 Damage To Property ofOther8 .............................15 Firet Aid Expenees.................................................15 Loes Aueesment-Pereonal Liability Coverage.. 15 What We 00 Not Cover-Excluslons- SecUona I & II Home and Family Liability Protection .................13 Propelrty Protection .................................................. 8 2 ERIE INSURANCE GROUP is proud to present The ERIE's Extrocover Policy, This IInpOl'lont contract tw. tween YOU aod The ERIE consists of this polley With coverage agreements, limitation" exclu,ions and condi. tions, 8 Declaratlonl. plus any endol'sements. It .IS written in ploin, simplc tcrms 80 thlll it Cllll he eaSily undcrstood. We ul'ge YOU to r~od it. This policy contains many EXTRA PROTECTION FEA. TURES devclopcd by TIIC ERIE. Whcrcver an "X. appeaJ'll in the margin ofthla policy, YOU receive EXTRA PRO- TECTION, either ns additionalcovorageor as a coverage that is not in most homeownors policies, The protection given by this policy is in keeping with the single purpose of our Foundcrs: "To provide YOU with as near PEHFECT PROTECTION, as near PERFECT SERVICE, ns is humanly possiblc, and to do so at the LOWEST POSSIBLE COST." AGREEMENT aRII INSURANCE IIXCHANOI ONLY In rcturn for your timely pr~millm pl1yment, your complionce with 1111 of the provision. of this policy. nnd your signing of 11 Subscriber's AlP"eement with Eric Indemnity Company IInd other SuhscrlberH, we nWI'I! to providc the coverages you hove purchused, Your coveroges and (nmounts ofinsuruuce) I1re shown on the Declarations, which arc partorthis policy. Your signing the Sublcrlber's Agreement, which includes a limited powcr.of.ottorney, permits Eric In. demnity Company, as Attorn~y.i".Fact, to makc recip. rocal insuroncc controcte bctw~cn you and othcr Sub. scribers and otherwisc monog~ the business of the Erie Insurancc Exchange. This powcr.of.attorney applies only to your insurancc business at the Exchangc and is Iimitcd to the purposes dcscrib~d in the Subscrlber'a Asreement. Your responsibility as a Subscriber is determincd by this policy and thc Sublcrlber's Agreement. You are liuble for just the policy Pl'emiums charged and ore not subject to uny other premium Iiobility under the policy. This agreement is madc in rclionce on the information you have givcn ue, and is subject to all the terms of this policy. This policy. all endorsemcntstoit. and the Subscriber's Atfreoment constitute t,he entire agreement between you and us. IIRlllNSURANca COMPANY ONLY In return for your timely premium payment and your compliancc with 011 of the provisions ofthll policy, we agree to providc the coverages you have purchased. Your coverages nnd (amounts o(insurance) are shown on the Declaratlonl, which arc part of this policy, Thie agreement is made in reliance on the information you hove given \1.1, and is subject to all the terms of this policy. This policy and all endorsements to it conltitute the cntirc agreement between you and \1.1. APPLICABLE TO ERIE INSURANCE EXCHANGE and ERIE INSURANCE COMPANY We promise, upon timely payment of the premium and compliancc with the provisions of this policy and its endorsemcnts: (1) To cover you from 12:01 A.M., Standard Time, at the location of the insured property, on the date shown on the Declaratlonl as the first day of the policy period. Coverage will continue In force until terminated, (2) To protect you up to the amounts specified in the policy, You may not transfer this policy without our consent. This policy is made and accepted subject to these and following provisions, including those which may be added byendonement, POLICY DEFINITIONS Throughout your policy and Its endorsements the 1'01. lOWing words have a special menninll when they nppenr in bold type. "aircraft" mealls any mnchlne III' device calmble of atmosphcric flight except lIlodel airplnnes, "anyone we protect" menn. you nnd thn follOWing residents lit' your hOllschlll']: X 11) rclnlln>s und wurds: (2) other pnrsons in the care of anyone we protect. X Under Home and Family Liability Protection, anyone we protect also means: (3) any person or organization legally responsible for animals or :-vatercraft which are owned by you, or any person Included in( l)or\2l,andcoveredbythls policy. Any poraon or organization using or having custody of these animals or watercraft in the courae :l of any bu.lneu, or withollt permISSIon of the owner is not anyone we protect; 141 uny person with respect to I\ny vehicle covered by this policy. Any person using or huvinll custody of this vehicle ill the course of lIny busines. use, or without permission ,)ft.he owner is not anyone we protect. "bodily injury" meuns pbysicul hnrm, sickness or dis- X elH.lH, includint( rnentulllnguish, and includeH cure. IOHH of services, or resultinll dellth. Bodily injury does not includc: 1 lluny communicnbl" diseuse or condition transmitted by lIny insur"d to lIlIY other person throullh u pornsite, virus. bacteria nr I\ny other orgunism. (2) the exposure to or transmission of any disease. parllsite, virus, bacteria or other organism by lIny insured to any other person. "business" menns ony nctivity engoKed in us u trude. profmniion 01' occupution, includinf{ farming. "Declaratlons- rn.>ans the form which shows your coverages, umounts ofinsurunce, premium charges and other information, This form is purtofyourpolicy, Your policy is not complete without this form. The Declara. tlons may be revised and updated by it form called the Amellded Dee/aratiOlls which then becomes the appli- cable coverage. "Insured location" mellns: (1) the residence premises: (2) the part of lIny other prcmlses. other structures, and grounds acquired by you dudng the policy period which you int"nd to use as a residence premises; (3) uny premises used by anyone we protect in connection with premises included in 11) or 121; 141 any port of 0 non-owned premises: la( where anyone we protect is temporarily re- siding; or (hi occasionally rented to anyone we protect for non.husinCRR purpm'Qs: ,I), V"""llt land, oth",' than fnt'mland. owned by nr rented to anyone we protect; 161 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; 171 cemetery pints or hurial vaults of anyone we protect. "medicol expense" menns reusonnble chnrJ{es for nee- essary medical. surh"cal. x-my and dental services, in- X l'luding pro~th(!lic devices, eye~lusset;. contacts. hearing aids and pharmllceullmls; lInd ulso include, ambulance. X hospilnl. IicemiCd nurslIlg and funeral sUI'vices, "occurrence" means an IIccidcnt. includinKcnntinuous or repl1llteu l'xpmmrc to the :-\(unl: g'C'npl'nl hnrmfull'on. ditions, "property damage" meons domage to or loss of use of tangible property, "residence employee" means an employee of anyone we protect who performs duties in connection with the muintenance or use of the l"esldence premises, includ- inll similar dutil!S elsewhere, not in connection with the bllslness of onyone we protect. ....esldence premises" meons the dwelling where you reside, including the structures nnd grollnds, or that pllrt of any other building when' you I'eside lInd which is fo;hown U8 "'residence premitie6" on the Declarations. ADDITIONAL ERIE INSURANCE EXCHANGE DEFINITIONS The followillll words hove u specinlmeaning in poliCIes issued by Eri,' I""""IIIC{' Exehonge when they oppeor in bold type. "Subscriher" m,'ons the personlsl who signed the Subscriber's Agreement. "SlIbscriber'. Agreement" means the agreement, in- cluding u limited power-of-attorney, omong the Sub. scrib.!rs nnd the Erie Indemnity Company, as Attor. ney.in-Fnct. "We." "us" or "our" means the Subscribers at Erie Insumnee Exchange as represented by their common Attorney-in-Foct, Eric Indemnity Company. "You," "your" or "Named Insllred" means the Sub- scriber and others named in Item 1 on the Declara- tions. Except in the GEN1~RAL POLICY CONDITIONS. these words include the spouse or the Subscriber if u resident of the same household. ADDITIONAL ERIE INSURANCE COMPANY DEFINITIONS The folIowinll words huve a sp,.cialmeaning in policies issued by Erie In "" 1'<1 lice Company when they appclll' in bold type. "We," "us" or "our" means Erie Insurance Cumpany. "You," "your" nr "Named Insured" means the personls) named in Item 1 on the Declarations. Except in the GENERAL POLICY CONDITIONS, these words in. clude your spouse if a resident of the sllme household. WHEN AND WHERE THIS POLICY APPLIES This policy applies to lnsses that occur during the pulicy perind. The policy period is shown on the Declarations or Amellded Dee/oratio"". Section I-Property Protectioll. This policy applies to property losses as designoted in the specific coverage and at the locationls) insured under this policy. In oddition, Persnnal Property is covered while located anywhere in the world. S,'ction II-Ho",e and Fomily Liability Protediun. This policy applies to bodily injllry and propert)' domoge loss.'s occurriol< anywhere in the wnrld. .1 SECTION I-PROPERTY PROTECTION DWELLING CUVERAGE-GUR PROMISE We will pay for loss to: (1) Your dwelling at the residence premises shown on the Declarations. Dwelling includes uttuch,.d structures, und building equipment und fixtures servicing the premises, (2) Construction materilllllt the residenc!! premises for use in connection with your dwelling. This coverage does not upply to land. OTHER STRUCTURES COYERAGE- OUR PROMISE We will pay for loss to: (1) Other structures at the residence premises sepa- rated from the dwelling, including garages, fences, shelters, tool sheds or carports. Structures connected to the dwelling by only II fence, utility line. or similar connection llre consid- ered to be other structures. (2) Construction materiul at the residence premises for use in connection with your other structures. We do not puy for loss to structures used in whole or in part for business purposes (except rental or holding for rental of structures used lor pri vate garage purposes l. This coverage docs not apply to land. PERSONAL PROPERTY COYERAGE- OUR PROMISE We will PllY for lo"s to: (1) Pe,'sonal property owned or used by anyone we protect anywhere in the world. 12 l At your option, personul property owned hy others while the property is on your residence pre- ntises. (3) At you,' option, personul property of: 'oj guests nnd residence employees while the property is in a residence occupied by anyone we protect; X Ibl residence employees away from the resi- dence premises while actulllly engaged in the 5ervice of anyone we protect. X (4) At your option. building additions, alterations, fixtures, improvements or installations made, or ocquired at your expense. by you to residences occupied hy but not owned hy you, for an amount not exceeding 10% of the amount of insurance under this coverage. Payment will not increase the applicable amount of insurance under this policy. (5) Cemetery property, including monuments, heod- stones. gravernarkers, and urns. (6) Animals, birds und fish, but only while on the X residence premises, for the following perils cov- ered under Perils We IIlsu,,' Against: Fire or Light. ning, Windstorm or Hall, Explosion, Sonic Boom, lliot or Civil Commotion, Aircraft, Vehicles, Smoke and Vandalism or Maliciou,~ Mischief. (7) Electronic apparatus while in or upon a motor X vehicie or other motorized land conveyance, if the electronic appar.ltus is equipped to be operated by pOWI!r from the electricul system of the vehicle or conveyance while retainin~l its capllbility of being operated by other sources of power, Electronic up- paratus includes cellular phones, fox machines, radios, tape players and llcccssories used in con- junction with such Ilpparatus including antcnnas, tapcs, wires, records, disco or other media, We do not PIlY for loos to: X (1) Land motor vehicles and p"rtS. We do cover ve- hicles dcsigned to assist the hllndicappcd, und vehicles used to service the residence premises, not subjcct to motor vehiclc registration. (2) Aircraft and parts. (31 Property rcnted or held for rental to others away from the residence premises. (4) Property of roomcrs, boarders or tcnants not re. lated to anyone we protect. (5) (a) Books of account, drawings, or othcr paper records; or (b) clectronicdata proccssingtapes, wires, records, disks, 01' other software mcdia: containing business data. However, we do covcr the cost of unexposed or blank records or media. (6) Radios, tape players and other equipment or de- vices 1'''1' the recording, reproduction. recei\'ing or transmitt.ing of sound or pictures which may be operated by power from the electrical system of a land motor vehicle and permllnentlymounted while in or upon that vehiclc. Accessories to these devices, inclllding antennas, tapes and records are not cov- ered while in 01' upon a land motor vehicle. (7) Rndllr detectors. 18) Property specifically insured by this <,r any other insurance. 191 Except as provided under Personal Property Limi. tations. property pertaining to 0 business con- ducted away from the residence premises unless at the time of loss such property is on the resi- dence premises. However, we do not cover such property on the residence premises while it is stored, held as samples, or held for sale or delivery after sale. 5 x ',"'"" apply to th~ following personal property. 1.11I111. Ilntit.~ do not incrl!l1se the umount of in6UrQnl~e flll'." (' i '1' 'r...II}/(/ll'ropl..'rty .fJUf!rage: llllll'l I TUlnl Amuunt Description of POMlonal II( Insurunce Property Subject to '" ,\II~' Ono 1.0.. Limitation. .., :!50 . Animols, birds and fish ., :!50 . :vIoney, bonk notes, bullion, numis- matic property, gold other than ~oldwore or gold-plated wnrc, sil- ver otber than silverware or silver- plotcd wore, and platinum $:lOOO . Accounts, bills, deeds, evid.mces of debt. letters of credit, notes other thon bank notes, passports, securi. ties. tickets, stamps ond philotelic property $:lOOO . Tl'Oilers ond campers not other. Wi)oil' ini"illl'l'u. whethel' lict.'nsed or nol x x x $:lOOO . Wntercran, including their trailers 1 whether licensed or not), furnish. ings, equipment and outboard mo- tors x ::;:WOO ::;:1;'00 . Manuscripts . Property pertaining to a business actually conducted on the resi. dence premises, including prop- erty in storage. held os samples. or held for sale 01' delivery aner sale. A $500 limitation applies to any business property away from the residence premises. regardless of wheth{Jr the business is con. ductcd on or away from the resi- dence premises. . Theft of guns . Theft of jewelry. wat.ches, fill'S. pre- ciOIlS and semi-precious stones . Thefl of silverware. silver. plated Wnrl}. g'oldwnn., g'old-plated wnre and pl!wterwul"c Personal property usually situated at any residence owned or occupied by anyone we protect other than o residence premises. Personal property in a newly-acquired prin- dpall'csidence is not subject to this limitation 1'01' the :30 davs immedi- ately after you beb.jn to -move prop- erty there. x x X $3000 $3000 x $3000 X JO'7c of' Personal' Properly Coverage- I but not less than $2000/ LOSS OF USE COVERAGE-OUR PROMISE If an insured prnpl1l'ty In.ss makes your residence premises uninhabitable, WI! will pay all rensonoble additionnl living- ('xpen"',, while you and membe,', of your hOlU~ehold n'~ide pbl\\\'hcn). Payment shall be for the shortest time required to repair ur replace the premises ur, if you chouse. 101' you to permnnently relucate, These payments will not exceed a 12 month period. We willnlso pny for your luss of normal rf!IHB resulting from the luss. less charges und !!xpenses which do not continue while the rented purt Ill' the residence pre- mises is uninhabitable. We will pay this loss ofnormal rents only until the rcnhHi pnrt is habitable. If " loss from u peril covered under Perils \Ve Insure Agaill,'loccurs nt n n{,ighburing premises, we will pay additional living expenses and loss of normal rents for up to two weeks should civiluuthurities probibit you from occupying your pJ'emises, These periods of time lire not limited by the expiration of this policy. No deductible applies to this covel'age. We will nut pay for los8 or expense due to the cancelln- tion of any lease or' ngreement. This coverage nlsu applies to a luss Ilt a covered second- ary location. PERILS WE INSURE AGAINST DWELLING AND OTHER STRUCTURES COVERAGES We pay for risks uf direct physical loss [0 property insured under the DwellinJ,l nndOlherSlrl/ctures Cuver. ages except as excluded or limited herein. We do not pay for loss: (1) Involving collapse, other than as provided in Addi. liollal Losses We Will Pay, (2) Collapse: 121 Caused by freezing by temperature reduction ofa plumbing, heating, air conditioning, or fire protec. tive system. or of a household appliance, or by discharge, leakage or overflow from lI;thin the S}3tem or appliance caused by freezing. while the dwelling is vacant, unoccupied or beingconstructed. There is coverage if you hove used reasonable care to: la/ maintain heat in the building; 01' Ibl shut otTthe water supply and drain tbe system or appliances of water, (31 By freezing, thawing, pressure or weight of water or ice, whether driven by wind or not. [0 a fence, pavement. patio. swimming pool. foundation, re. taining wall, bulkhead. pier, wharf 01' dock, 141 Caused by: 10/ termites, insects, vermin or rodents: I b I mechanical breakdown. deterioration. wear nnd tear. marring, inherent vice,latentdefect.l'ust, smog, wet or dry rotund mold; Ie) contamination: rdl smoke from nl(ricultllrnl "mud)!in~ or indus- triul Opt11"lltions: II (e) bulging, cracking, expansion, settling or shrink. ing in ceilings, foundations, floors, potios, pave- ments, roofs or walls. If(a) through (e) cause water damage not otherwise excluded, from 0 ~,Iumbing, heating, air condition. ing, or fire protective system, household appliullce, X woterbed or aquarium, we cover loss cnused by the water. Coverage includes the costoftearingoutond replacing any purt of a building necessary to repair the system or nppliance, This does not include 108s to the defective system or appliance (other thall 0 waterbed or aquarium) from which the water es. coped. (5) Caused by weotherconditions ifany peril excludcd by thiu policy contributes to the loss in any way, (6) Caused by acts or decisions, including the failure to oct or decide, of any person, group, orllanization, or governmental body if any peril excluded by this policy contributes to the loss in any wuy. (7) Caused by, resulting from. contributed to or oggra. voted by faulty or inadequBte (a) planning, lOlling, development; (bl desil{ll. development of spccificutions, work. mons hip, construction; Icl mutcrials used in constructivn; or Idl onuintenunce: of property whether on oro/Tthu r"Hidence premises by uny person, group, orllunization.or IlOvl'rnmental body ifanyperil l'xcludcd hy lhis policy contribute. to the loss in any wny. 181 Cuused hy union,,),; "I' hirds kept by unyone we protect or kept hy a residence employee of anyone we protect. (9) By theft "fpropcrty from within a dwelling under construction un Ie." thut property has become II part of the building, orofmuterials und supplies for use in the construction until the dwelling is com- pleted and occupied. Under items 11) through 19) any ensuinllloss not ex. c1uded is covered. See Sectioll I-What II'" Dv Not COl'cr-El'cllJ..iolls for udditionallosses excluded. PERSONAL PROPERTY COVERAGE We pay for dircct physicnlloss to propcrty insured uoder Persollal Propaty CIIl'crngc caused by any ufthe follow. illg perils, unlcss thc I".. i. excluded clscwhere under this policy: (1) Fire or Lightning. (2) Windstorm or Hail. This docs not include: (a) loss caused by trost, cold weather, ice, snow, sleet, sand or dust; (b) loss to property contained in 0 building, unl"ss the buildinll i. first dunHlllrd by the din'ct. forel' of wind "I' hud: (c) loss to watercraft (except rowbootll and canoes ot 011 Inoured location! ond their trailers, furnishings, equipment and motors unless in- side a fully encloser! hllildinll. (3) Exploolon. (4) SonIc Boom, X (5) RIot or Civil Commotion. (6) Aircraft, including missiles and spacecraft, (7) Vehlclel, (8) Smoke, if the loss is sudden and occidental. This does not include loss caused by smoke from agricultural smudging or industrial operations. (9) Vandalism or MaJlcloul Mllchlef, (0) Theft, inclu.ding attempted theft and 1088 of prop- X erty from a known location when itislikelythat the property has been stolen. We also cover direct loss 01' covered personal property by theft while it is unattended in or on a motor vehicle, trailer, or watercraft. This does not include: (a) theft committed by anyone we protect; I b) theft of property from within II dwelling under constl'uction unless that property has become o part of the building, or of materials and supplies for use in the construction until the dwelling is completed and occupied; (cl theft of property while at another dwelling or ocljacent structures owned by, rented to, or occupied by anyone we protect unless any- one we protect is temporarily residing there. Property of a student we protect is covered X while at a residence away from home, XX Theft losses mu.t be promptly reported to uo and to the police, (Ill Failing Objects. This docs not include: (a) loss to property contained in a building, unless the falling object first damages the building exterior: (b) damoRe to the failing ohjecl. (12) Weight of Ice, Snow or Sleet. This does not include loss to pel'sonal property outside the building. (13) Sudden and accidental tearlnllapart, crack- Ing, burning or bulging of a steam or bot water heating system, an air conditioning system. or fire protective system. or an appli- ance for hcatlng water. This does no: cover loss caused by or resulting from freezing. 1141 Freezing by temperatul'" rcductlon ofa plumb. Ing. heating, air conditioning, or fire protec- tive "ystem, or of 0 household appliance. 7 This does not includc loss on thc residence Ilrc- mIn. while the dwelling Is unQccupied unless you have used res80nuble curll to: laJ maintuin hect in the buildinK, or (b) shut otTthe woter 5upply ond droin the system or upplioncc8 of wnter. 1151 Accidental dl8eharge or overflow of water or lteRm from within a plumbing, heating, air condltlonillll, or ftre protective syst.em, house- X hold appliance, waterbed or aquarium. This does not include: I UI loss to the defective system or uppliunce lother thun u wutorbed or uquoriuml; I hi luss caused by or resultinK frllm freezing; ICI Ius" "n the residence premises co used hy 1I('cid"ntol dischnrltc "r oVl'rflow which uccurs "If lh,' residence premises. I II; I Unmnllt' <<Ill(' 10 &I ,..uddt'n nnd nccidl'ntnl SUr"l' ut ,'h'cl.o,clIll'Urrt"nl. '1'1111" dOlI,,", Itllt Inc,.'Jude lo~s to luhes. transistors ur ....llt1lllll. d..~dl'()Il1C components. 1171 Volcllnic Eruption. Thi" d",," not include loss coused hy enrthquuke, land :;hock waves or tremors, V"konie eruptions oecurnnlt within u ;2 huur pc. I'iml will hl! considered one volcanic eruption. WHAT WE DO NOT COVER-EXCLUSIONS IAI"" .,ee "1,,'cI/ie Exclu.,ion" wlelcr Dwelling and Other Slrudurl'.'i COlleragf!i-PcriJs lYe In,'iurr' Against} W,' do not pay for los. rcsultinl'( dircctly "I' indirectly from any llf'the following, even ifother events or huppcn- ingH conLrihutL'd concurrently, or in tiequcncc, to the 10:-1:-1: (II hv c'urth Illtlvement., due to natural or manmaue l'V('uts. m"'IOinl'( cnrthquake including land shock WllV(':-I. or lrl'mol's hefore. durinJ{ or nner a uolcanic "/,"11110": mine sub.idtncc; landslide; mudslide: mud nllw. l'lll'th :-linking', risinl-; or shifting. Din~cl lu:"l:~ lIy Fin', A'xplo,'iwJI. Srmit, 81111111, T/w{lor lJI'('Oll- (1)11' o{(;/".....o; resulting from earth movement, mine suh.idence. laodslidc. mudslidc, mud flow, curth sinking, ri.ing or shifting is covered. /21 by watcr domagc. meaning: 101 flood. slIrface watcr, waves. tides. tidal waves or overflow of 0 body of water. We do not cover .prny from nny of these, whether or not driven by wind; Ib) water or scwogc which backs up through sew. ers or drains; or IC) water below the surfacc of the lII'ound. This includes watcr which exerts pressure on, or flows, seeps or leoks through any part of u building or other structure. sidewalk, drive. way, foundation. or swimming pool. We do pay for direct 1088 that follows, cnuscd by fho. explosion, 80nic boom or theft, (3) hy power interruption if the intcrruption takes ploce away from the resldenc.e premlaee.lfa loss from a peril covercd under PCrlls We Insure Agaln8t huppen8 on the realdence premises as a re8ult of a powcr intorruption, we will cover only loss caused hy that peril. 1'\) by war. whether declarcd or undcclared, diucharge of n nuclear weapon (evcn if nccidentall. hostile or wnrlike action in time of pence or wur, insurrection, rebllllion, revolution. civil war, u8urped power, in- c1udinK action taken by governmental authority in defendinK ugainst such nn occurrence, (5) by nuclcar action or I'Odiation or radioactive con- tamination, however caused. Nuclear action in. cludes nuclear rcaction, discharge, radiation or radioactive contamination, whether man-made or occurring naturnlly. Los. callsed by nucleur nction i. not considered los8 hy fire, explosion, sonic boom or 8moke. Ifloss hy fire results, we will pay for that resulting loss, (6) hy radon gas contaminntion, (7) by the enforcement of an ordinance or law regulat- ing the construction, repnir or demolition of 0 build- inK or other structuro, unless .pecifically provided under this policy. We do cover loss caused by action8 of civil authorities to prevent the spread of n fire caused by a peril covered under Perils We Insure IIgainst. (8) hy neglect of anyone we protectto use all reason. nhle mcans to protect covcred propcrty ut und after the time of lOBS or when property is threntened by a peril covered under Pcrils We Insure Against. 191 by intentional loss, meuning any loss arising from un act committed by or at the direction of anyone we protect with the intent to couse a loss. ADDITIONAL LOSSES WE WILL PAY X (11 AUTOMATIC GARAGE DOOR OPENER We will pay up to $500 for loss to personal property, including the garage door, ut the residence premises resulting from the use or malfunction of an automatic go rage door opener. (21 COLLAPSE We will pay for direct physiculloss to insured property involving collupse ofa building, or any part ofa building, caused only by one or more of the following: Ill) firc or lightniog, windslom1 or hail, cxplosion, sonic hoom. riot or civil commotion. aircraft, vehicles, vandalism or malicious mischief breakage of gloss. falling objects, or weight of ice, snow or slect; (b) hidden decoy, or hidden insect or vermin damage; H . (c) weight of people, animals, contents or equip. ment; (d) weight of rain which collectB on a roof; (e) usa of defective materials or methods in con. struction, remodeling. or renovation if the col. lapse occurs durinlJ the coune ofthe construe. tion, remodeling or renovation, We will not be liable for loss underlb),(c). (d)or(e) above to the following property unless the loss is a direct result of the collapse of II building: X Cloth awnings, fences, pavements, patios, swim- ming pools, underground pipes, nues, drains, cess- pools, septic tanks, foundations, retaining walls, bulkheads, piers, wharves or docks, Collapse does not include settling, crocking, shrinkage, bulging or expansion. Paym.mt will not increase the umount of insurance applying to the loss. (3) CREDIT CARD, CHARGE PLATE, CHECK FORG- ERY & COUNTERFEIT MONEY PROTECTION X We will pay up to $2500 fol' the legal obligation of Bnyone we protect to pay because ofthell:, forgery or unauthorized use of any credit or fund transfel' card, charge plate, check or neKotiable instrument issued to ?I' registered in the name of anyone we protect. We Will IIlso pay for loss each time anyone we protect unkn?w- X ingly accepts counterfeit money, No deductible apphes. We require evidence of loss. We will not pay for: (a) loss arising from any bUlllness; (b) loss arising from anyone we protect. When loss is discovered anyone we px-otect must give 1UI immediate notice.lftbe loss involves a credit or fund transfer card or charge plate. onyone we px-otect 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. X If a loss occurring durinK the policy period is discovered within a year all:er the policy has been canceled, we will pay for the loss. If a prior loss is discovered during the policy period and nootherinsurance applies, we will pay for the loss. We have the right to investigate Ilnd 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 daim is mode or suit is brought against onyone we protect for liability under the 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 the option under the Check Forgery Protectinn to defend at our expense anyone we protect or their bank against a suit for the enforcement of payment. (4) DEBRIS REMOVAL AFTER LOSS We will pay the expense for removal of: (a) debris of covered property following loss undsr Perils We Ins'Jre Against; (b) ash, dust or particles from volcanic eruption that has caused direct loss to a building or property within a building; or (c) fallen trees which cause damage to covered property, provided coverage is not alTorded elsewhere by this policy, [f the amount of insurance applying to the loss is ex. hausted, we will pay up to an additional 5% of tbe amount ofinsurance applying to the damaged property for removal of debris, We will also pay up to $500 per occurrence for the removal of fallen trees on the resIdence premises if loss is caused by windstorm, hail or weight of ice, snow or sleet even when covered property is not damaged. (5) EMERGENCY REMOVAL OF PROPERTY We will pay for pl'Operty damaged in any way while removed from your residence premises because of danger from an insured peril, Coverage is limited to a 30- day period !'rom date of removal. Payment will not increase the amount of Insurance applying to thE' loss. (6) FIRE DEPARTMENT SERVICE CHARGES X We will pay all reasonable tire depllrtment service charges to save or protect insured property, Payment is in addition to the omount of insurance applying to the loss, No deductible applies, (7) FIRE EXTINGUISHER RECHARGE We will pay expenses incurred to recharge portable fire X extinguishers all:er they are used to fight a fire. No deductible applies, (8) LOCK REPLACEMENT AFTER LOSS X At your request, we will pay up to $250 to I'eplace keys ond locks to the exterior doors of the residence pre- Mises, as well as keys and locks to your other property (autos, boats, etc, I, if the keys are stolen during a .hell: loss. This coverage does not apply to keys and locks pertaining to business property. No deductible applies. We will pay for replacement of automal,ic garage door X transmitters when a transmitter has been stolen. Cover. age is also provided for the cost to reprogram the fre- quency on additional transmitters and/or the control unit box. No deductible applies to the replacement of automatic garage door transmitters. (9) LOSS ASSESSMENT (Applicable 10 Section I & Section 1/. Personal Liability Coverage Only) We will reimburse you for an assessment charged against you os owner or tenant of the residence premises by an IlSSoclOtion or corporation of property owners, minus allY other valid nnd collectible insurnnce ovailabll! to the H auoc(ation or corporation covering the same assess- ment. The aesessment must result from an occurrence covered under this policy. Unless otherwise shown on the Declaratlone, our X amount of insurance for this protection is $5000 per a8sessment. If you nre assessed for a covored water loss, wc ~iIl pay your share of the cost of tearing out and replacmll any part of an In.ured locatIon necessary to repaIr the system or appliance. Thc policy deductible applies under Section I only. We will not pay if the loss is cauaed by earthquakc. or land shock waves or tremors which occur beforc, during or after a volcanic eruption, We also will not pay for any loss assessments charged by a governmental body. X (10) MECHANICAL SERVANT AND ROBOT PROTECTION We will poy up to $500 for Joooto personal property lit tho residence preml.es caused by malfunction of a me. chanical servant or robot. (11) NECESSARY REPAIRS AFTER LOSS We will pay the reasonable expense for necessary reo pairs to protect covered property from further damagc after loss by a peril covcrcd under Perils We Insure Against. Payment will not iocrease the amount ofinsur. ance applying to the loss. X (12) NON-OWNED RESIDENCES 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, X (13) REFRIGERATED PRODUCTS We will pay for loss to the contents of refrigerator or freezer IInits on the residence premises from either power or mechanical failure, Covcrage will be void if the contents arc on thc resi. dence premises for business purposes. X 114 , TEMPERATURE CHANGE We WIll PIlY for loss to .nsured personal property result- ing from change of temperature. There must first be damage done by a peril covered IInder Perils We In.wre Again..t occurring at the residence premises, Pay- ment will not increase the amountof'insurance applying to the loss. (15) TREES, SHRUBS, PLANTS AND LAWNS We will pay up to an additional 5% of the amount of insurance under Dwelling Coverage for loss to trees, shrubs, plants and lawn, at the residence premises. Coverage applies only to loss caused by the following perils covered under Perils We In.,ure Against: fire or lightning, explosion, sonic boom, riot or civil commotion, X aircraft. vehicles, smoke, vandalism or malicious mis. chief and theft. We y,;1I not pay for: (aJ more than $500 on anyone tree, shrub or plant; (b) damage to lawns by vehicles owned oroperated by a resident of the re.idence premi.es; (c) trees, shrubs, plante or lawns grown for busi- nes. purposes. DEDUCTIBLE We will pay for loss minus the deductibll! shown on the Declaration., In the eVlJnt of total loss to the Dwelling X from a covered peril, the deductible will not apply, The deductible does not apply to: (oJ Loss of Use Coverage, (b) Credit Card, Charge Plate, Checlr Forgery & Counterfeit Money Protection, Ie) Fire Department Service Charges. (d) Fire Extinguisher Recharge (e) Loclr Replacemenr After Lo,,. RIGHTS AND DUTIE5-CONDITIONS (1) ABANDONMENT OF PROPERTY We will not accept abandoned property, (2) APPRAISAL If you and we fall to agree on the amount ofloss, either party may make written demand for an appraisal. Each party will select an appraiser and notify the other of the appraiser's identity within 20 days after the demand is reCEived. The appraisers will select a competent and impartial umpire, If the appraisers are unable to agr~e upon an umpire within 15 days after both appraisers have been identified, you orwe can ask ajudge ofa court of record in the state where your residence premiscs is located to select an umpire, The appraisers shall then set the amount ofloss. If the appraiserd submit a written report of an agTeemp,nt to U8, the amount agTeed upon shall be the amount ofloss. If they cannot agTee,they wll1 submit their differences to the umpire, A written awerd by two will determine the amount of 1088. Each party will pay the appraiser it chooses, and equally bear expenses for the umpire and all other expenses of the appraisal. However, if the written demand for ap. praisal is made by us, we will pay for the reasonable cost of your appraiser and your share of the cost of the umpire. We will not be held to have waived any rights by any act related to appraisal. (3) AUTOMATIC ADJUSTMENT OF COVERAGE X AMOUNTS This policy provides you with a guard against the effect of in/lotion in construction costa. The amount of cover- aRe )'ou have today may not be enough to rebuild your home at a later date in the event of serious loss. 10 We will keep track of cOHts/lnd at the ~e~t policy peri~~ we will adjust the amount of your bUlldmg coverage If necessary, Adjustments in other coverages (Ot~erStruc. tures, Personal Property and Loss of US!) wtll also be made proportionately. Your premium WIll be adjusted at each policy period to reflect any change in tht! amount of insurance. During the policy period, if there is an increase in construction costs and a loss occur~. we will reflect tha increase in the amount of insurance before making pllyment. There will be no charge for this additional covel'Oge. However, if for any reason the amount of insurance on your home becomes inadequate or If you made substan- tial improvements to your home and failed to notify us to increase the amount of your insurance, the amount of insurance shown on the Declaration. will be the full amount available should a loss occur, (4) ERIE OPTION If we give you written notice within 30 days I.lfl.er we receive your signed, sworn statement ofloss, we may repair or replace any part of the property damaged with equivalent property, (5) GLASS REPLACEMENT Loss to glass caused by a peril covered under Perils We InsureAgainst will be settled on the basis of replacement with safety glazing materials when required by law, (6) INCREASE OF HAZARD Unless we agree beforehand. coverage is suspended If the hazard is substantially increased by any means within the control or knowledge of anyone we protect, (7) LOSS PAYMENT We will settle any claim for loss with you or anyone who has a legal interest in the property. We will pay within 30 days after we receive your proof of loss and the amount of loss is finally determined by: (a) agreement between you and us; lb) an appraisal award; or (c) a court judgment. (8) LOSS SETTLEMENT (s) The following types oflosses will be settled on an actual cash value basis. This means that we will deduct for depreciation. Losses to: . property insured under Personal Property Cov. erage . structures that are not buildiogs or carports . carpeting . domestic appliances X . cloth awnings . outdoor antennas and outdoor equipment, whether or not attached to buildings . insured buildings and structures which do not meet the requirements for a replacement coat settlement described in Subsections (SXb) and (S)(c). The actual cash value will be determined at the time of the loss, Payment will not exceed the amount necessary to repair or replace the damaged prop- erty. (b) Loss to buildings and carports inaured under Dwelling Coverage or Other Structures Cover- age (except 8S included in (a) above) will be settled by one ofthe following methods: 1. Replacement cost settlement (meaning that we will not deduct for depreciation): a, provided the Declaratlona show that X the Automatic No. Depreciation Settle. ment applies; or b, if at the time of the loss, the amount of insurance applying to the insured build. ing is 80% or more of the full replace- ment cost of the building immediately prior to the loss; or c, if the cost to repair or replace the dam- X age to an insured building is both: 1) less than $2500; and 2) less than 5% of the amount of in- suran~e on the building, In making a replacement cost settlement, we will pay you the cost of repair or replacement, without deduction fordepre- elation. Payment will not exceed the small- est of the following amounts: . the amount of insurance applying to the building; . the replacement cost ofthat part of the building damaged for equivalent con- struction and use on the same pre- mises; . the amount Ilctually and necessarily spent to repair or replace the damaged building. In determining SO% of the full replace- ment cost of the building, the value of the following will be disregarded: . excavations . foundations below the basement floor . piers and other supports below the base- ment floor . ifthere is no basement, the value of all items below the ~urface of the ground inside the foundation walls, 2, Less than full replacement cost sel/lement. If full replacement cost settlement does not apply. we will pay the larger of the following amounts, but not exceeding the amount of insurance under this policy applying to the building: a. the actual cash value of that part of the building damaged; or 11 b. that proportion of the full cost to repair or replsce the damage which the total amount ofinsurBnce in this policy on the damaged building bears to SO% of the replRcement COBt of the building. (c) We will pay no more than the actual cash value of the damage until the actual repair or re- placement is completed, However, when the loBS is both less than $2500 and less thlln 5% of ths amount of insurance on the building, we will pay the full replacement cost beforo IIctual repair or replacement is completed. (d) You may disregard the replacement cost pro- vision and make claim for loss or damage to buildings on an sctual caah value basis, H~w. ever, you still have the right to make cianI', within ISO days after the loss, for any addi- tional amounts we will be required to pay under this Loss Selllement provision. (9) LOSS TO A PAIR OR SET In ca.e of II 10.. to a pair or Bet we may: (a) repair or replace IIny part to restore the pair or Bet to its value before the loss; or (b) pay the difference between actual cnsh value of the property before and after the loss. (10) MORTGAGE CLAUSE Loss under Dwelling Coverage or Other Structures Cov- erage shall be payable to mortgagees named on the Declarations, to the extent of their interest and in the order of precedence. Our Dulles We will: (R) protect the mortgagee's interests in an insured building. This protection will not be invali- dated by any act or neglect of anyone we protect, any breach of warranty, increase in hazard, change of ownership, or forecloBure if the mortgagee has no knowledge of these conditions; X (bl give mortgagee 30 days notice before cancella- tion or refusal to continue thia policy. Mortgagee's Dulles The mortgagee will: (a) furnish proofofloss within 60 days if you fail to do so; (b) pay upon demand any premium due if you fail to do so; (cl notify us of any change of ownership or occu- pancy or any increase in hazard of which the mortgagee has knowledge; (d) give UI the right of recovery against any party liable for loss; (e) after a loss, permit us to slltisfy the mort!;a!;e requirements aod receive full transfer of the mortgage and all securities held 08 collateral to the mortgage debt. Policy conditions relating to Appraisal. Loss Payment and Suit Against Us apply to the mortgagee, This mortgagee interest provision shall apply to any trustee or loss payee named on the DeclaratloOl. (11) NO BENEFIT TO BAILEE This insurance will not in any way benefit any person or organization who may be caring for or handling your property for a fee, (12) OTHER INSURANCE If both this insurance and other insurance apply to a loss, we will pay our share, Our aharo will be the proportionate amount that this insurance bears to thE total amount of ail applicable insurance, except insur- ance in the name of an association or corporation of property owners. If there is other Insurance in the nome of an association or corporation of property owners covering the same property covered by this policy, the other insurance applies first, (13) PERMISSION GRANTED TO YOU Coverage applies even when your described dwelling is vacant or unoccupied, except where limited under Perils We Insure Against, You may make alterations, additions and repairs to your building, and complete structures under con- struction, You may waive your righta to recovery against anuther involving the insured property, This must be done In writing prior to a loss, (4) RECOVERED PROPERTY If we have made payment on property which hos later been recovered by you or ua, you or we will notify the other of the recovery. You have & right to the recovered property. If you elect to have the property, you will repay UI the amount of our payment to you, 115) SUIT AGAINST US We may not be sued unlesB there is full compliance with all the terms of this policy. Suit must be brought within one year (V A--2 years, MD-3 years) after the loss or damage occurs. (16) YOUR DUTIES AFTER A LOSS In case ofa covered loss, you must perform the following duties: fa) give UI or our Agent immediate notice. If a theft 10sB. also notify the police; (bl protect the property from further damage. If necessRry for property protection, make rea- sonable repairs and keep a record of all repair costs; (cl furnish R completo inventory of damaged prop- erty including quantity, actual cash value und amount of loss claimed; 12 . (d) producc for examination, with permission to ropy, all books of accounts, bills, invoiccs, re- ceipts and other vouchers as we may reason- ably rcquire; Ie) show \1M or our reprcscncative the damaged property. as oftcn as may be rcasonably re- quircd; 10 submit to examinations under oath and sign a transcript ofthc same; Ig) Bend us. within 60 days after the loss, your signed nnd sworn to proof of loss statement which includes: I. limc nnd cause ofloss; 2, your interest in the propcrty and the interest of all others involved; :J. any encumbrances on the property; 4, other policics which may cover the 1088; 5. any changes in title, use, occupancy or possession of the property which occurred during the policy term; 6, when required by UB, any plans, specifica- tions and estimatcs for the repair of the damaged building; 7. the inventory of damaged property as pre- psred in (16) Ie); 8, receipts for any additionallivingcoBts ns a result of the loss,nnd records of pertinent rental loss: 9. incaseofclaim undcrCredit Carel. C/IOrHe Plate, Check Forl/ery & Counterfeit Money Protection, an affidavit statinll amount. time and cause ofloBs. SECTION II-HOME AND FAMILY LIABILITY PROTECTION PERSONAL LIABILITY COVERAGE- OUR PROMISE We will pay all :-\umH up to lhl~ amount :-;hown Oil ltll' DcclnrntiunH. which anyune Wt~ prntt...:t lH'l'IlIlH'~ le~nlly ohli~ntl'il to "nv as danlll~eB l...callBI' or hllllily injury of property dumuf.(c r(l!'lullil1~ from an ,cu!cur. n'nee {{urin", till' (lolit',\' lH'ritld. W... Will pol.\' Illr only blldlly injury '"' pr",,,,rty dllmlllle COVI'rl'il hy I hb policy. W.. lIIay invl'!'ILlg:lll' ur :-ll'llh' an,v dall1l IIr ~H1it Ii If' c1l1nw,"WK against ..nyon.' WI' proh'ct. at uur 1':(1)1'11:-11', If nnynnt~ w.. I'rntl'ct 1M ~lU'd lelr clarnlll.tp!'l IU'l'IHI:-I1' of hudUy injury or IJrUlu'rty (h..nn~t' l'II\,(.)'t'd h~' I hb Il1Iliq." Wf,' wall pro\'llh' a ch,rt'I\~I' with ;I lawy('1' W'" rhuo:'\t'. 1'\'I'n If II", alltogallCll1s art' nolinit'. Wt. an' nol ohllg:tl~'(lto pn,\' illlY dallll 01' Judgl1lt'nt or dl'fcnd allY :,ulllfw.' l\a\'I' alrt'lIlly tlsl,tlllp till' amount ofinSUI':1I1tl' hy paYll1g a J\ldgnll'nt or sl,ttlcrncnl. MEDICAL PA VMENTS TO OTHERS COVERAGE-OUR PROMISE Wl" \\'111 pa~' t tw nt'('I'KSal"~' medicol ('''penst~s incurred Ill' ll1l'dicaHy dclcrmllwd within thrl!e yenrs from the clnte or an acciuenll'aIlSIl\~ hodily injury. This three. Yl'ar linlltalilll1 dOL'S I\ot appl~' to funl'rnll'xpl'n~es. This co\'era~e .Iocs not apply to you or rCh'Ular residents of your household. other than residencc cmployees. To others. wc will pay only in the following situations: (1) To a person on an insured location with the permiSSion of anyone wc protect; or (2) To a person ofT an insured locution if the bodily injury: (a) arises out lIf a condition on an insured loca- tion or adjoining ways; lb) is causcd by the activities of anyone we pro- tect; (el is caused by a residence employee in the course ofl'mployment hy anyone we protcct; (dl ,s caused hy an animalanyonc we protcct UwnK or i:i corinu for, PaYlnt'nt under this CO\'l'rngl~ is not un admiHHitll1 of liahility hy us or anyone w" protect. WHAT WE DO NOT COVER-EXCLUSIONS PERSONAL LIABILITY COVERAGE MEDICAL PAYMENTS TO OTHERS COVERAGE w~ do l10t t'OVl1r under Pl'f.'wlla[ Liahility Coverage and 1\I,-'dil'aIIJa,VTneflts To Othl!r.o; Covc!raJ.:l!: II I Bodily injllry or property damage expected or intended by anyonc we protect. (2) Bodily injury or property damage arising out of business pursuits of anyone we protect. We do cover: lal activitics normally considered non-busineso; lbl business pursuits of salespersons, collectol's. X mcssengers and clerical office workers em- ployed by others. We do not cover installation, demonstration and scrvicing operations; lc) business pursuits of educators while employed X by others, including corporal punishment of X pupils; (dl incidental business activities of anyone we X proteet. Thcse include babysitting, caddying, lawn care, newspaper delivery and other simi- lar activities; 13 . x . (el the ownership of newly-acquired one or two family dwellingll, but only for a period of aD consecutive days after acquisition unless de. scribed on the Declaration., (3) Bodily I~ury or property damale arising out of the rental or holding for rental of tho re.ldence preml.e. by anyone we protect. We do cover if the re.ldence preml.e. is: (al occasionally rented or held for rental to others 8.B a residence; (bl rented or held for rental in part as a residence, unless for the accommodation of more than three roomers or boarders; (c) rented or held for rental in part as an office, school, studio or private garage. (4) Bodily I~ury or property damale arising out of the rendering or failing to render professional ser- vice. (other thon prnfe.sionnl service. rendered by l!dUcutorR). (r;) Budlly Injury or pruperty damaIJ8 unsinll out of ony premises owned by or rented to anyone we protect which is not on In.ured location, This exclusion does not apply to bodily I~ury to a residence employee arising out of and in the couree of employment by anyone we protect. (6) Bodity iu,jury or property damale arising out of the ownership, maintenance or use of; (a) aircraft; (b) any land mot.,r vehicle owned or operated byor rented or loaned to anyone we protect, We do cover motor vehicles If: 1. used exclusively at an In.ured location and not subject to motor vehicle registra- tion: 2, kept in dead storage at an Insured loca- tion; 3. a recreation 111 land motor vehicle lIot de- signed for use on public roads while ot an In.ured tocotlun; .1. n J.{olrcurt. wlH'rC!vt'1' mwd flf Im:utcd: 5. u lawn 01' farm type vehicleorsnowhlower. wherever used or located, if not suhjcct to motor vehicle registration, (c) watercraft: 1. owned by or frequently rented to anyone we protect if it has inboard or inboard- outdrive motor power of more than 75 horsepower; 2. owned by or frequently rented to anyone we protect if It is a sailing vessel 26 feet or more in length; or 3, powered by one or more outboard motors with more than 75 total hOrBepowerowned by anyone we protect at the beginning of the policy period. x X x x x However, if anyone we protect acquires X water<:raft, regardless of horsepower, cov- erage applies during the policy period. If the watercraft is acquired within 60 days of the end of the policy period, we will provide coverage for a maximum of 60 dsys, We have the right to charge you an additional premium. Exclusion (6)(c) does not apply while the water- craft is stored on shore. Exclusion (6) does not apply to bodily I~ury to ony re.ldence employee arising out of and in the course of employment by anyone we protect. We do not pay for liability arising out of the negligent entrustment of an aircraft, motor vehicle or watercraft covered under this policy, We olso do not cover statutorily imposed vicarious po. rental liability for the IIctionsofachildor minor using on aircraft, motor vehicle or watercraft excluded nhove. 171 Bodily Injury or property dumulJ" il,',sin!! out of wor (declared or undeclared), civil war, insurrec- tion, rebellion or revolution, Discharge of a nuclear weapon is considered a warlike act even if accidental. (8) Bodily I~ury and property c1amale which arises out 'If or results from a communicable disease or condition transmitted by anyone we protect to any other perRon through a parasite, virus, bacte. ria or any other organism. (9) Except 8.B provided in paragraph 2(C) under "What We Do Not Cover - Personol Liability and Medical Payments To Others Coverage, bodily I~ury or property damale which arises out of the sexuol molestlltion, corporal punishment or physical or mental abuse by anyone we protect. (10) Bodily Injwoy and property damage which arises out of the use. sale, manufacture, delivery, transfe,' or possession by any persoll of a Controll.,d SubstanceCs) 113 de lined hy the Federal Foor! and Drug Law at 21 U.S,C.A, SL'Ctionx 1\11 al1rllll~. Controlled HuhAtnnC~" includll hut nrl' not limit I'd lo cOl'uinc. L~[). marijuana und allllarcolic dl'lIj.{~. However, thiK exclusion does notnpply to th<! legiti. mate UKe of prescription drugs by a person follow. ing the orders of a licensed physician. ( 11) Bodily Injury and property damage which ariscK out ofth~ discharge, disposal, release or escape of: (al vapors, fumes, acids, toxic chemicals. toxic liquids or toxic gasses; cb) waste materials or other irritants, contami. nants or pollutants, We do not cover under Personal Liability Coverage: ( 1) Liability assumed under any oral contract or agree- ment, or by contract or agreement in connection with any bUline.. of anyone we protect, 14 x 12)'LiabUity for your'~harl! of any loss ass.es~ment charged against nil members of an assOClotlon or corporation of property owners. This exclusion does not apply to AdditIOnal Lo.~seH We Will Pay, (91 Loss A..e,sment, SectIOn I of this policy. (3) Property dama(c to property owned by anyone we protect. (4) Property dsma(e to property rented to, occupied or used hy, or in the care of anyone we protect. This exclusion docs not opply to propertydamalJe caused by fire, explosion. sonic boom or smoke, or by accidental di~chargc of wotor from a waterbed or aquarium. (5) Bodily Injury to IIny person eligible to receive any benefits required to be provided or voluntarily provided by anyone we protect under any work- ers' compensation or occupational disease law, (6) Bodily Injury or property damore for which anyone we pl'Otect is covered under IIny nuclear energy liability policy, or would be covered if its amounts of insurance had not been exhausted. Under Medical Payments To Others Coueral/c we do not cover: (1) Bodily Injury to II resld6nce employee if it occurs ofT an Insured location and does not arise outoforin the course of employment by anyone we protect, (2) Bodily Injury to any person eligible to rcceive uny benefits required to be provided or voluntarily provided under any workers' compensation oroccu- pational disease law. (3) Bodily Injury from uny nuclear reaction, radia- tion or radioactive contamination, or any conse- quence of any of these. WHAT WE ALSO PAY Payment for the followinll is in addition to the amounts of insurance shown on the Declarations. x (1) CLAIM EXPENSES We pay: (0) 011 expenses we incur and all costs against anyone we protect in a suit we defend: Ib) premiums on bonds in a suit we defend, but not for bond amounts greater than the limit for Personal Liabilitv COl'erage. We will also pay up to $500 for each bail hond requircd of any- one we protect becau~e of an uccident or traffic violation arising out of the use of u vehicle covered hy this policy, We ha\'e no obliglltion to upply for Ill' furnish honds: Ie) reasonable lawyers' fees up to $50 that any- one we protect incurs hecause of arrcstl'e. suiting from Iln uccidcnt in\'olving [\ \'ehicle covercd by this policy; X (d) reasonable expenses incurred by anyone we protect at our request. This includes actual loss of earnings (but not loss of other income) and vacation time or other benefit loss up to $100 perdayfor helping us in the investigation X or defence of any claim or suit; (e) all intercston the full amount of any judgment on asuit we defend until we ofTcr ordeposit in court thc amount for which we are liable; If) prcjudgment interest aworded on the amount of the judgment We pay. If we ofTer to pay the applicable amount of insurance. we will not pay any prcjudgment interest for the period of time ancr the ofTer. (2) DAMAGE TO PROPERTY OF OTHERS We pay, on a replaccment cost basis, up to $1000 per X occurrence for propsrty damare to property of others caused by anyone we protect, This coverage also X applies to property of others in the possession of anyone we protect. We will not pay for property damare: (a) to the extcntofany amount recoverable under Se,.tlOn I of this policy: I bl caused intcntionally hy anyone we protect who has attained the IIge uf 13: (cl to property owned hy anyone we protect: ldl to proporty uwncd hy ur rt'lltetl to ul~nunt..r anyone we protect ..r u rCHidcnt ..f your household; (e I arising out of: 1. an nct ur umiHMion in ,'olln,'rtion with :I premiRcR luthl!r lhull :Ill InMuN'" "",n- t1onJowned, rentl'd or cUlltrollcd hy uny- one we protect: 2, buslneslI pursuits; or 3, ownership, maintcnance or u~e uf II motur vehicle, alrcl'aCt or wntercran. We will pay for property damage to a land motor vehiclc designed for rccreational use ofT public roads while In the possession of or caused by anyone we protect if: a. not ~ubject to motor vohicle registra- tioa, and b. not owned by anyone we protect. 13) FIRST AID EXPENSES We pay reasonable expense. for first aid to other persons and animals at the time of an accident involving anyone X we protect. 14 J LOSS ASSESSMENT-PERSONAL LIABILITY COVERAGE See 1,0,.. As,......ment, paragraph (9), Section I, Addi- ti()/1II1 Lo,....s W" \ViII Pay. If) , RIGHTS AND DUTIE5-CONDITIONS (1) BANKRUPTCY OF ANYONE WE PROTECT Bankruptcy or insolvency of anyone we protect Ilr anyone we protect's estate will not relieve UB of any of our oblijJations under t.his policy, (2) DUTIES OF AN INJURED PERSON-MEDICAL PAYMENTS TO OTHERS COVERAGE The injured person or someone I1cting on behalf of that person will: (al give us written proof of claim, as soon 118 possible, under oath if required; (b) sign papers at our request to albw us to obtnln medical reports and copies of records. The injured person will submit to mental and physi- cal examination by doctors selected by WI as of\en as reasonably required, We may pay the injured person or the provider "''the services. I :11 LIMITS OF PROTECTION Thltt intwrancu uppliu9 Hepuratcly to anyone we pro- tect. Regardless of the number of people we protect, claims made or persons injured, our total liability under Personal Liability Covp.rage for damages resulting from one occurrence will not exceed the I1mount shown on the Declarations. All bodily h~ury and property dam. a(e resulting from one accident or from continuous or repeated exposure to the same general conditions is considered t.'te result of one occurrence. Our total liability under Medical Payments To Others Coverage for nil medical expense payable for bodily ~ury to anyone person will not exceed the "Each Person-amount shown on the Declarations, (4) OTHER INSURANCE-PERSONAL LIABILITY COVERAGE This insurance is excess over anv other valid and collect- ible insurance. However, if the other insurance is specifi- cally written as excess insurance over this policy, the limits of this policy apply first, [fat the time OflOKS thore is oth<!r insurencl' in the n;'me Hr 0111 .ltl~uciut.iUI1 III' l.'orpurllliCln Ilf IJl'ul".'rl)' HWIW,'M coverlog the KUllle pl'lJpel.ty covered by this p"licy, th,' insul'l1nce afforded hy this policy shnll be excess over the amount recovernble under such other insurance. (5) SUIT AGAINST US The terms of this policy must be complied with before suit may be brought against UB, The legal liability of anyone we protect must be determined before suit under Personal Liability Cover- age moy be brought against us. This determination may be by acourtoflawor by written agreement of all parties, including ua, No one has the right to make us a pnrty to a suit to determine the liability of anyone we protect, (6) YOUR DUTIES AFTER A LOSS When there ia nn accidont or occurrenco anyone we protect will: (a) notify UB or our Agent, in writing, 11.1 soon ns possible, stating: 1. your name and policy number: 2, the time, ploce, and circumstances of (he accident or occurrence; a. nomeb and uddrUHHl!1i of injured punlOn~ snd witnesses; (bl send WI promptly any papers thnt relate to the accident or occurrence; (c) nt our request: 1, 88slst in making settlement; 2. help ua enforce :my right of recovery against any party liable to anyone we protect; 3, assist In the conduct of suits; 4, attend hearings and trials; 5, secure and give evidence and obtain the attendance of witnesses, (dl under the coverage Damage To Property Of Others, send WI, within 60 days of the loss, dwom proof ofloss. Anyone we protect shall also exhibit the damaged property if within their control. Anyone we protect will not, except nt une's own cost. mukc puyments, U811UmIJ obliJ,tat'nnR CU' inl'llr L'xpt'nt\l!M. Illlll't' thulI for n"HL nid to llllu.r pt.'I'HOUh lIud iIltimnll'l ill the time of the bodily Injury. 16 . . SECTION III-RIGHTS AND DUTIES We, you and anyone else protected by this policy ,must do certain things in order for the terms of the policy to apply. 11) ACCOUNTING I Em Insurancc ExchallHq Only) X Erie Indemnity Company may keop up to 25rk of the prcmium wrttten or assumed by Erie Insurance Ex- chon~e os compensation for I AI becoming and ucting os Attorney.in-Fnct.l B I monal{ing the business and affairs of Erie losurnnce Exchanl(e. ils affiliutesnnd subsidiar- Ies. and Ie, pnyinll ~eneral odministrlltive expenses, includin~ ;olc" commi..ion., solaries and employee 11I'no:lil.. tnxc", rrnt. depreciation, supplies and data pmcll""jng. TIll' rCKtHfthe premium will be placedon the books of the F.rie fn.uronce Exchange. We will deposit or invest this IImount os permitted by law. This amount will be used to pay losses, Joss adjustment expenses, investment expenses, damages, legal expenses, court costs, taxes, assessments. licenses, fees, and other govel'Omental floes and charges, establishment of reserves and sur- plus. and reinsurance. ond may he used for dividends and other purposes Erie Indemnity Company decides arc to the udvnntalle of the ~uhscribers, 12) ASSIGNMENT Intercst in this pulicy mil.\' Ill' trnnsli!l'reclunly with our written cunlicnt. If you ,lie, the 11IIlicy Will CUVl.'r: IUlllnyone w<! pruh'ct whu i. II ml!mhl'rufyour hllu"I'hulcl at 1111' 1111I1' HI' your dl!llth. but unly whil" 1I1'1'.i"I'ut orth., reHidencc premIH<!H; thl anynne hu\'IUJ.: lawful IJUl'IlicHHicm lit' inHurcd l>>rope'I'I,\' IInlil :1 l'l'IH'I'MI'fltllli\'c. is llppoinh1d. hut ,,"lv IlIuil IIIl' ,'II" ..rtlw pulicy III'rill" lhll'ln~ wllld. yuur lh'ath lIt'C,'U1'S; I," yuur 1l't.:all'l'pn':oiI~nlaLi\'I" hUlllnly whih.~ 1)lII" lill'min~ dUUCZi IlH your l'L'pfl'SlmlUlivl' ancJ '"".\' IIntil thl.' ..nd or the pulicy period durin~ which y"ur d"llth IIccurs. 1:!1 CANCELLATION Your RighI to Cancel Ynu may canl'cl this polky by mllilinR or dcli\'cringto our A~cntllr us written "HtiCC "tatinllut whnt future dote you wnnt thc canc<'ilutiHn to takc effcct. We moy waive thesc requircments hy conlirming the date of canccllation to you in writiog, Our Right to Cancel or Reluse to Continue We may cancel or refuse to continue this policy hy mailing you written notice stating the effective dotc of our action. Our action Will comply with thc laws of the statc in which your residence premises is located. We reserve the right to cancel tor your noncompliance with ourprcmium puymcnt pIons. Wcdo not woive our right to cancel, evcn if we have accepted prior latc payments. GENERAL POLICY CONDITIONS Our cancellation ur refusal to continue this policy will not takc effcct until at least 30 days (Maryland-45 days cxcept for non-payment ofprcmium) after we send It. Method 01 Giving Notice Mailing notice to the oddrcss shown on the Declara- tions will bllsufficient proofofnotice, The policy period will end an the date and time stated in the noticc, Relurn 01 Premium If your policy is cunceled by you or \D, we will return the pro rota unused share of your premium. Cancella- tion will be effective even if we have not given or offered any return premium, (4) CONCEALMENT, FRAUD OR MISREPRESENTATION This cntil'c policy is void if, before or after a loss, anyone we protect has intentionally concealed, or misreprc- sentcd, any matcrial fact or circumstance concerning this insurance, In the event of a fraudulent claim, we will not make payment for the loss. (5) COOPERATION You alP'ce to cooperate with u. by; 10' truth~ully completing and promptly returning questIOnnaires and audit forms sbout this in- surance; (bl pcrmitting ond helping with inspections and audits; and (C) complying with 'pccilic recommendations to improve your risk, fill HOW YOUR POLICY MAY BE CHANGED This policy conforms to thc law. of the statc in which your residence premises is located, If the lows "fthe stotc change, this policy will comply with thosel'hangcs. You may change your policy by asking us. Your re- quest must contain enough information to identify you. Asking our Agent is the same as asking WI. If we agree With your request, we will then issue an Amended Declerations. We will give r~u the benefit of any change in coverage made by us. If It docs not require additional premium, This changc will be effective asofthe date we implement the change for you in your state. If the information we use to determine the premium for your c~veragc( s) changes during the policy period. we may adjust your premium, Premium adjustments will be made using rules and rotes in effect for our use. (7) NO CONTINGENT LIABILITY (Erie Insurance Exchange Only) You will not be assessed for the losses of Subscribers. 17 100 Efle tn. PI e,l.. PA 165:JO CONTINUATION NOTICI ~l'~'~r . l '. IRII IIfIURAIICI dCIlAMoi I BOMl'ROTICTOR POLIC, J laTRACOV.. .. I ERIE. ERIE INSURANCE GROUP AGENT AA7785 MINGIS-RAHN'STROCK AGY ITF.M 1. NAMED INSUR 0. 0 .-oDRESS 1,"111",111""1,1"1,1,,1,,1,,1,1,"111,,1,,,1,1,,,11,1.,11 GIORGI W MINGES III , BRENDA L MINGES 21 I COOVER ST MECHANICSBURG, PA 17055-t218 AGINT - MINGBS-KAHN'STROCK AGY ***** AGENT PHONE - (717) 652-22t9 ITEM 2. POLICY PERIOD POLICY NUM8ER 07/15/93 TO 07/15/9t 55 150tOOt H M 3, OTHER INTEREST AS LISTBD BELOW OR ON RIVERSI SIDI t3.5 LINGBLSTOWN ROAD HARRISBURG PA 17112 COVERAGE BEGINS AND ENDS AT 12.01 AM STANDARD TIME AT THE LOCATION OF THE INSURED PROPERTY. UNTIL TERMINATED, THIS POLICY WILL CONTINUE IN FORCE. LOCATION OF RESIDENCE PREMISES IF OTHER THAN STATED IN ITEM 1 OR IF SPECIFIC DESIGNATION IS NEEDED. ZIP CODE - 17055 SLVRSP TWP, CUMBE CO PROPERTY INFORMATION - PRIMARY RESIDENCE, FRAME, PROTECTION CLASS B, PROPERTY IS WITHIN 1000 rEET OF A FIRE HYDRANT AND WITHIN 5 MILES OF A RES~ONDING FIRE DEPARTMENT. AUTOMATIC ADJUSTMENT OF COVERAGE WAS APPI.IED, YEARLY INCREASE ON DWLG IS U. COVERAGE IS PROVIDED ONLY IF A SPECIFIC ANOUNT OF INSURANCE IS SHOWN, AMOUNT OF INSURANCE $ 235,000 $ 23,500 $ 176,250 LOSS SUSTAINED NOT TO EXCEED 12 CONSECUTIVE MOttTIIS SECTION I I - HOME AND FAMILY {.IABILITY PROTEC'J'ION PBRSONAL LIABILITY . r,ACH OCCURRENCE MEDICAL PAYMENTS TO OTHENS ., IUCH PERSON PREMIUM CII).RGE FOR INCREASED LIABILITY LIMITS FULL TERM PREklUM FOR THIS RESIDENCE - - - - FULL TERM AODITIONAL COVERAGE PREMIUM - - - TOTAL PREMIUM FOR THIS POLICY - - - - - - - SECTION I DEDUCTIBLE $ 250, AUTOMATIC NO-DEPRECIATION SETTLEMENT APPLIES TO DWELLING AND OTHER STRUCTURES. APPLICABLE FORMS - 2003 12/92*, HP-PA 12/92*, UF-6806 07/93*, IM-CP Ot/92, HP-AAN 12/92*, HP-BD 12/92*. SECTION I - PROPERTY PROTECTION DWELLING OTHER STRUCTURES PERSONAL PROPERTY LOSS OF USE $ PREMIUMS 38t.00 $ $ 500,000 2,000 $ $ $ $ 23.00 t07.00 86.00 t93,OO PRIMARY RESIDENCE-MORTGAGEE LX 508581138 MELLON MORTGAGE CO ITS SUCCESSORS 'lOR ASGS 1775 SHERMAN ST SUITE 2300 DENVER CO 80203-'395 PRIMARY RESIDENCE-2ND MORTGAGEE DAUPHIN DEPOSIT BANK , TRUST POBOX .800 HARRISBURG PA 17111-0800 EXlllrllT II '., fI iE lQ ~r:. ..:: ~ "';,... 'U\,JI:;' J ~~r..'-'L t~:t.n'~J r:'}t'."'j '_~" ;',:' ~rl ';~ ,.~ "" ~'i-~ 'T 1',1 ~IlI..t.I '.. -:xU.. I;) :;; L~ - ~ J! ", '" !,' , , ',' , 'I , " " " I 'i , I , , , " " , I I, , " , " . I h I, 'I 'f " , . LAW O",ICU SNIL.AKlft . ."INNIMAN GEORGE W. MINGES, III and BRENDA L. MINGES, Plaintiffs I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I I NO. 94-7339 CIVIL TERM I I JURY TRIAL DEMANDED I v. ERIE INSURANCE EXCHANGE, Defendant STIPULATION OF COUNSEL Keith 0, Brenneman, Esquire, counsel for the Plaintiffs and Edward L. Schorpp, Esquire, counsel for Defendant Erie Insurance Exchange hereby enter into this stipulation with full authority of their respective clients, intending to be bound hereby, as follows: 1, Erie Insurance Exchange is the only proper party Defendant in the above-captioned action initiated by Plaintiffs. 2, Plaintiffs and Defendant Erie Insurance Exchange hereby agree to drop Erie Insurance Group and Erie Insurance Company from this suit. Plaintiff will file a Motion with the Court to drop those parties and amend the caption of the case, 3, For purposes of this action only, it is stipulated and aqreed that Robert J, Edwards was acting as an agent, representative and/or employee of Erie Insurance Exchange. 4. This Stipulation shall not be construed in any way as an admission that Erie Insurance Exchange is liable to Plaintiffs based upon the claims or causes of action set forth in EXHIBl'I' A , , " , J;' 11,1 . ,I' ,Lo '.J t', " I,) ,,'. I '. ,-, ,_J , , ':'- I i-' ,'i- , " " " " . ", -. , . . GBORGE W. MINGES, III I IN THE COURT OF COMMON PLEAS an~ BRENDA L. MINGKS, I CUMBERLAND COUNTY Plaintitfa I PENNSYLVANIA I v.. I CIVIL ACTION - LAW I ERIE INSURANCE EXCHANGE, I 94-7339 CIVIL TERM Deten~ant I I NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED Nil. HATTIR WITHIN TWENTY (20) DAYS FROM SEP-VICE HEREOF, OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. LANDIS, BLACK' SCHORPP Dat.I~/~ .:2.S';~ ,. BY~~~~~~ Edward L. Schorpp, sq. 36 South Hanover Street Carlisle, PA 17013 (717) 243-3727 , , " " , ., I, '" \, VB. I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY I PENNSYLVANIA I I CIVIL ACTION - LAW I I 94-7339 CIVIL TERM GEORGE W. MINGES, III and BRENDA L. MINGES, Plaintiffs ERIE INSURANCE EXCHANGE, Defendant AN8WIR WITH HIW MATTIR AND, NOW COMES the Defendant, Erie Insurance Exchanger by and through its attorne~s, Landis, Black & Schorpp, and answers the Complaint of Plaintiff as follows I 1. Admitted, 2. Admitted, 3. Admitted, 4. Admitted, 5. Admitted, 6. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of all of these averments, and the same are therefore denied. 7. Denied, After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments, and the same are therefore denied, 8. Admitted in part and denied in part, It is admitted that generally the paint conditions on the exterior of the home were deteriorated at that time. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the full extent of said deterioration. 9. Denied. It ia specifically denied that the deterioration of the e~terior paint was caused as alleged. On the contrary, as is hereinafter set forth in New Matter, the deterioration in the exterior paint was a continuous problem at the premises, pre-existing the winter of 1994, and resulted from the use of blown-in insulation in the walls of the exterior of the structure, 10. Donied, After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments, and the same are therefore denied. 11. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of these averment, and the same are therefore denied. 12. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth of these averments, and the same are therefore denied. 13. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth of these averments, and the same are therefore denied. 14. Admitted in part and denied in part, It is admitted 2 that Plaintiffs aubmitted a claim to have such damage and loss covered under their policy, It is denied that any covered loss occurred, a. the paint problem was caused as set forth above in Paragraph 9 and in New Matter herein, and the structural failure of the porch roof was caused a. oet forth in New Matter herein. 15. Admitted. 16. Admitted. 17. Admitted in part and denied in part. It i. admitted that Plaintiffs obtained the various estimatfts alleged. It i. denied that any of the work set forth in such estimates was caused by a covered occurrence, On the contrary, such work was necessitated and caused solely by the conditions as set forth in New Matter herein. 18, Admitted in part and denied in part, It is admitted that upon Plaintiffs' inquiry, Adjuster Edwards provided Plaintiffs with the names of various contractors with whom Adjuster Edwards was familiar, Plaintiffs were at all times able to make independent selections and to choose from any of the names provided by Adjuster Edwards. 19. Denied. It is specifically denied that Adjuster Edwards ever stated to Plaintiffs that the alleged damage to the porch roof would be paid by Defendant as a covered loss. Prior to the completion of his investigation, Adjuster Edwards did mistakenly indicate to Plaintiffs that the paint problem would be paid by Defendant. However, upon full completion of his 3 .investigation Adjuster Edwards determined that the paint problem was not a covered loss and would not be paid. Plaintiffs suffered no detrimental reliance on any statements made by Adjuster Edwards, 20. Denied. In mid-August, 1994, Adjuster Edwards was still investigating the causes of the alleged damages to Plaintiffsr home and had not yet completed his determination as to whether or not the claims would be finally paid. On August 30, 1994, at approximately 6:30 p,m" Adjuster Edwards met with Plaintiffs at their home and informed them that the alleged damages were not covered losses. 21. Admitted in part and denied in part. It is admitted that Plaintiffs provided all information requested by Defendant. It is denied that Plaintiffs fully cooperated with Defendant, in that they submitted claims which were not covered under the policy terms. 22. Admitted, By way of further answer, it is denied that Defendant has any duty or contractual obligation to pay for the same. COUNT I Dreaoh of Contraot 23. The averments of Paragraphs 1 through 22r' inolusive, of this Answer are incorporated by reference herei~ in their entirety. 4 24. Admitted in part and denied in part. It is admitted that Plaintiffs have paid all premiums under the polioy or oontraot of insurance. It ia denied that they have satisfied all conditions and covenants required of them under the policy or contract of insurance, in that the causes of the damages alleged by Plaintiffs are not covered losses under the contraot of insurance, 25, Admitted, By way of further answer, Defendant avers that the complete contract of insurance speaks for itself and, the interpretations of the quoted orovisions, as well as the remainder of the pOlicy, are conclusions of law which require no answer herein, 26. Denied. It is denied that Plaintiffs have suffered losses which are covered under the terms and conditions of the parties' policy or contract of insurance, all as is set forth in New Matter herein. 27. Denied. Defendant has no obligation tu pay for any of plaintiffs' claimed damages, as the same are not covered losses under the policy, all as is more specifically set forth herein in New Matter. 28, Denied, Defendant has not breached the parties policy or contract of insurance, 29. Denied. Defendant has not breached its policy or contract of insurance and is not Obligated to the Plaintiffs in any amount whatsoever. 5 WHEREFORE, Defendant demands that Plaintiffsr Complaint be diBmiB..d. COUNT II Bad I'd th 30. The averments of Paragraphs 1 through 29r inclusive, of this Answer are incorporated by reference herein in their entirety. 31. Denied. Defendant has a reasonable and sufficient basis to deny payment of Plaintiffs' olaims in that the alleged losses were caused by conditions or occurrences not covered under Defendant's policy of insurance, all as is set forth in New Matter herein, 32, Denied, The amount of loss was never finally determined by an agreement between Plaintiffs and Defendant, all as is set forth in this Answer and New Matter, and therefore, Defendant did not violate any of the terms and conditions of the policy or contract of insurance. 33. Denied. Defendant has at all times acted in good faith toward Plaintiffs and, upon completion of its investigation, advised Plaintiffs as to why it would not pay Plaintiffs' claimed losses. Said denial was proper under the circumstances and as is set forth in this Answer and New Matter, WHEREFORE, Defendant demands that Plaintiffs' Complaint be dismissed. 6 ... KATT.. 34. Any blisterinq and crackinq of the paint on the wood sidinq of Plaintiffs' home was a problem pre-existinq the winter of 1994 and, in fact, pre-existed the previous paintinq which was performed three years prior, The blistering was caused by the existence of blown-in insulation in the plenum space between the exterior wood siding and the interior finished surfaces, whereby there is no ventilation, This causes condensation which in turn causes the lifting of paint from the inside of the structure. This damage is an excluded peril under Subsections (5) and (7) of "Perils We Insure Against" (dwellinq) set forth on page 6 of the policy (Plaintiff' Complaint, Exhibit A), 35. The partial collapse of the balcony porch roof was due to deterioration and decay of roof structural supports, which deterioration and decay occurred over a long period of time from water entering the structure for various reasons, The decay and deterioration was not hidden but was readily discoverable. 36. Plaintiffs did not rely to their detriment upon any alleged statement by Adjuster Edwards that Defendant would pay for the paint damage to Plaintiffs' home. 37. Plaintiffs and Defendant never reached a final determination as to what claimed losses, if any, and the amounts thereof, were covered under the contract of insurance and therefore, there was no agreement between the parties requirinq Defendant to pay Plaintiffs any sum whatsoever. 7 GEORGE W. MINGES, III I IN THE COURT OF COMMON PLEAS and BRENDA L. MINGESr I CUMBERLAND COUNTY plaintiffs I PENNSYLVANIA I VS. I CIVIL ACTION - LAW I ERIE INSURANCE EXCHANGEr I 94-7339 CIVIL TERM Detendant I I CIRTI.ICATI O. SIRVICI I, EDWARD L. SCHORPP, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing NEW MATTER to be served upon the person and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Keith O. Brenneman, Esq. 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I J ' '(';~' \' , I \, 'I ' ....'.'..",i':I.\:..:," ,:" '.;;,~:;:l'/:'~)~r:~~; :{ i'i 't~'- I,!" :!~;" , ,. :"l' '.':. ;:1 '. ~ I';, f I" " ( I. ~ '.' , , .,l1 ::1 :: ,:.:\~,:;,:,,:\J!,<I":'I":'~' : ~ ,11\:' ".' -VJ':'Jl'~I'jJl' ,,:;-, I," ',;;if~t::).;',v/::, " .,:Jlj, ,'11-1" . ,it- " '.'~ ,- ,,' II;' I~ ,., , 11,( ',-, 1 '.f'! ., .' ,I.r' '.i I:'~. . ), , ?J! . , ..~ " - , r ' ' " , , ",lrT ., ." , ., ..,' .'1 " LAW O'''C.. SNILIIAKIR a BftINN[Mo\N GEORGE W. MINGES, III and BRENDA L. MINGES, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 94-7339 CIVIL TERM JURY TRIAL DEMANDED v. ERIE INSURANCE EXCHANGE, Defllndant REPLY TO N~W MATTER Plaintiffs, by their attorneys, Snelbaker & Brenneman, P.C., respond to Defendant's New Matter as follows: 34. Denied. It is denied that any cracking of the paint on the wood siding of Plaintiffs' home was a problem pre-existing the winter of 1994 and that it pre-existed any previous or earlier painting which had been performed, It is further denied that the blistering was caused by the existence of blown-in insulation in the plenum space between the exterior wood siding and the interior finished surfaces or from lack of ventilation, To the contrary, the blistering was caused by the formation and melting of ice dams which in turn caused saturation of the interior of certain exterior walls, It is also denied that condensation formed in the manner claimed by Defendant from the inside of the home thereby lifting the paint. Finally, it is denied that the damage to the painted wood siding of Plaintiffs' home is an excluded peril under the policy, the contents of which pOlicy, being in writing, speak for itself. 35. Denied. It is denied that the partial collapse of the balcony porch roof ~as due to deterioration and decay of roof LAW O'PICI. SNILBAKER a BRENNEMAN structural supports which occurred over a long period of timfl from water entering the structure for various reasons. To thfl contrary, the collapse was caused by the accumulated weight of ice and/or snow as a result of the aevere winter weather experienced during the time period specified in Plaintiffs' Complaint. It is denied that there was decay or deterioration that was at anytime prior to the collapse readily discoverable or not hidden. 36, Denied in part; admitted in part. It is denied that Plaintiffs did not rely upon the statements made to them by Adjuster Edwards that Defendant would pay for the paint damage and other damage to Plaintiffs' home, To the contrary, Plaintiffs relied upon Edwards as an agent and representative of Defendant to provide Plaintiffs with truthful and accurate information and statements. It is admitted that Plaintiffs did not detrimentally rely on any statements of Edwards, as that legal term is defined, 37. Denied. It is denied that the Plaintiffs and Defendant never reached a final determination as to what claimed losses and the amounts thereof were covered under the insurance contract, To the contrary, Defendant stated, in offering to make payment by check or checks, that the nature and amount of covered loss had been determined, Accordingly, it is denied, to the extend relevant, that there was no agreement between the parties -2- L.AWO"Ic:n, SNELBAK!R a SRENNIEMAN requiring Defendant to pay Plaintiffs or cover the losses and damages sustained, By way of further reply the agreement represented by the policy of insurance attached as Exhibit A to Plaintiffs' Complaint requires Defendant to pay to Plaintiffs or on Plaintiffs' behalf the damages ~nd losses sustained and claimed in this action, 3B, Paragraph 3B of Defendant's New Matter contains a series of unwarranted conclusions of law to which no response is required by the Plaintiffs pursuant to Pa.R,C,P. 1029(d)i therefore, same is deemed to be denied, To the extent a response is necessary, it is denied that none of Plaintiffs' claims are covered losses under the contract of insurance. It is further denied that Defendant is under no duty, contractually or otherwise, to pay Plaintiffs or otherwise compensate them for the losses they have sustained and claimed in this action, 39. Denied, It is denied that Defendant, through its adjuster, Edwards, acted in good faith towards the Plaintiffs and properly denied their claims only after a full and complete investigation was performed, for the reasons set forth in Plaintiffs' Complaint, the averments of which are incorporated by reference herein by way of further reply. WHEREFORE, Plaintiffs request this Court to enter judgment -3- LAW O""ICII 8NILBAKIR a 8"INNIMAN in their favor in accordance with the demands made in their Complaint. BYI Z~P'C' Keith a.Brenneman, Esquire 44 West Main stroet 'Mechanicsburg, PA 17055 (717) (197-8528 Attorneys for Plaintiffs Datel May 3, 19915 , , , " , , , , , ,. , I , ' " , " , ; I " " ...4.... ., .~ " 5: ~, 'tr!t.. :i <. "I~ 9( (!j' ft', /.: LA. 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