The Insurance Package. for. Professional Photographers
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- Frederick Bradford
- 10 years ago
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1 The Insurance Package for Professional Photographers The enclosed documents represent the coverage available under The CG&B Group Inc. Photography Package. Some of the coverages outlined in this Royal & SunAlliance Insurance Company policy wording may not apply to the policy you have purchased. Reference should be made to your Coverage Summary for an outline of the coverages and limits that your individual policy provides.
2 General Deductible Limitation A0034 (Rev. 07Jul02) Applicable only to the coverages which are shown to be subject to this limitation on the Coverage Summary. This insurance is limited as follows: In the event of a claim under any Property (excluding Equipment Breakdown) or Glass form in this Policy, caused by an insured peril, the Insurer shall be liable only for the amount by which the adjusted claim exceeds the deductible shown on the Coverage Summary for that Form. Should any adjusted claim or occurrence give rise to the application of more than one deductible amount, only the highest single deductible will be applied against the adjusted claim. The Insured expressly warrants that it will itself bear any loss to the extent of any applicable deductible, and warrants that it will not contract for insurance in respect of such deductible amount. The term adjusted claim as used in this Form means the amount which would be payable to the Insured under the applicable item(s) of insurance provided under any Property (excluding Equipment Breakdown) or Glass form in respect of direct loss or damage arising out of one occurrence before the application of any deductible. This deductible does not operate to reduce any applicable limits of liability. Except as otherwise provided in this Form, all terms, provisions and conditions of the Policy shall have full force and effect.
3 Statutory Conditions A0059 (01Feb98) The Statutory Conditions apply to the peril of fire and, as modified or supplemented by riders or endorsements, apply as Policy Conditions to all other perils insured by this Policy. 1. Misrepresentation If a person applying for insurance falsely describes the property to the prejudice of the Insurer, or misrepresents or fraudulently omits to communicate any circumstance that is material to be made known to the Insurer in order to enable it to judge of the risk to be undertaken, the contract is void as to any property in relation to which the misrepresentation or omission is material. 2. Property of Others Unless otherwise specifically stated in the contract, the Insurer is not liable for loss of or damage to property owned by any person other than the Insured, unless the interest of the Insured therein is stated in the contract. 3. Change of Interest The Insurer is liable for loss or damage occurring after an authorized assignment under the Bankruptcy Act or change of title by succession, by operation of law, or by death. 4. Material Change Any change material to the risk and within the control and knowledge of the Insured avoids the contract as to the part affected thereby, unless the change is promptly notified in writing to the Insurer or its local agent, and the Insurer when so notified may return the unearned portion, if any, of the premium paid and cancel the contract, or may notify the Insured in writing that, if he desires the contract to continue in force, he must, within fifteen (15) days of the receipt of the notice, pay to the Insurer an additional premium, and in default of such payment the contract is no longer in force and the Insurer shall return the unearned portion, if any, of the premium paid. 5. Termination (a) This contract may be terminated: (i) by the insurer giving to the insured fifteen (15) days notice of termination by registered mail or five (5) days written notice of termination personally delivered; (ii) by the insured at any time on request. (b) Where this contract is terminated by the Insurer: (i) the Insurer shall refund the excess of premium actually paid by the Insured over the pro rata premium for the expired time, but, in no event, shall the pro rata premium for the expired time be deemed to be less than any minimum retained premium specified; and (ii) the refund shall accompany the notice unless the premium is subject to adjustment or determination as to amount, in which case the refund shall be made as soon as practicable. (c) Where this contract is terminated by the Insured, the Insurer shall refund as soon as practicable the excess of premium actually paid by the Insured over the short rate premium for the expired time, but in no event shall the short rate premium for the expired time be deemed to be less than any minimum retained premium specified. (d) The refund may be made by money, postal or express company money order or cheque payable at par. (e) The fifteen (15) days mentioned in item (i) of sub-condition (a) of this condition commences to run on the day following the receipt of the registered letter at the post office to which it is addressed. 6. Requirements After Loss (a) Upon the occurrence of any loss of or damage to the insured property, the Insured shall, if the loss or damage is covered by the contract, in addition to observing the requirements of conditions 9, 10, and 11: (i) forthwith give notice thereof in writing to the Insurer; (ii) deliver as soon as practicable to the Insurer a proof of loss verified by a statutory declaration: a) giving a complete inventory of the destroyed and damaged property and showing in detail quantities, costs, actual cash value and particulars of amount of loss claimed; b) stating when and how the loss occurred, and if caused by fire or explosion due to ignition, how the fire or explosion originated, so far as the Insured knows or believes; c) stating that the loss did not occur through any willful act or neglect or procurement, means or connivance of the Insured; d) showing the amount of other insurances and the names of other insurers; A0059 (01Feb98) P. 1 of 3
4 6. Requirements After Loss (continued) e) showing the interest of the Insured and of all others in the property with particulars of all liens, encumbrances and other charges upon the property; f) showing any changes in title, use, occupation, location, possession or exposures of the property since the issue of the contract; and g) showing the place where the property insured was at the time of loss; (iii) if required, give a complete inventory of undamaged property and showing in detail quantities, cost, actual cash value; (iv) if required and if practicable, produce books of account, warehouse receipts and stock lists, and furnish invoices and other vouchers verified by statutory declaration, and furnish a copy of the written portion of any other contract; (b) The evidence furnished under items (iii) and (iv) of sub-condition (a) of this condition shall not be considered proofs of loss within the meaning of Conditions 12 and Fraud Any fraud or wilfully false statement in a statutory declaration in relation to any of the above particulars, vitiates the claim of the person making the declaration. 8. Who May Give Notice and Proof Notice of loss may be given and proof of loss may be made by the agent of the Insured named in the contract in case of absence or inability of the Insured to give the notice or make the proof, and absence or inability being satisfactorily accounted for, or in the like case, or if the Insured refuses to do so, by a person to whom any part of the insurance money is payable. 9. Salvage (a) The Insured, in the event of any loss of or damage to any property insured under the contract, shall take all reasonable steps to prevent further damage to such property so damaged and to prevent damage to other property insured hereunder including, if necessary, its removal to prevent damage or further damage thereto. (b) The Insurer shall contribute pro rata towards any reasonable and proper expenses in connection with steps taken by the Insured and required under sub-condition (a) of this condition according to the respective interests of the parties. 10. Entry, Control, Abandonment After loss of or damage to insured property, the Insurer has an immediate right of access and entry by accredited agents sufficient to enable them to survey and examine the property, and to make an estimate of the loss or damage, and, after the Insured has secured the property, a further right of access and entry sufficient to enable them to make appraisement or particular estimate of the loss or damage, but the Insurer is not entitled to the control or possession of the insured property, and without the consent of the Insurer there can be no abandonment to it of insured property. 11. Appraisal In the event of disagreement as to the value of the property insured, the property saved or the amount of the loss, those questions shall be determined by appraisal as provided under The Insurance Act before there can be any recovery under this contract whether the right to recover the contract is disputed or not, and independently of all other questions. There shall be no right to an appraisal until a specific demand therefor is made in writing and until after proof of loss has been delivered. 12. When Loss Payable The loss is payable within sixty (60) days after completion of the proof of loss, unless the contract provides for a shorter period. 13. Replacement (a) The Insurer, instead of making payment, may repair, rebuild, or replace the property damaged or lost, giving written notice of its intention so to do within thirty (30) days after receipt of the proofs of loss. (b) In that event the Insurer shall commence to so repair, rebuild, or replace the property within forty-five (45) days after receipt of the proofs of loss, and shall thereafter proceed with all due diligence to the completion thereof. A0059 (01Feb98) P. 2 of 3
5 14. Action Every action or proceeding against the Insurer for the recovery of any claim under or by virtue of this contract is absolutely barred unless commenced within one (1) year* next after the loss or damage occurs. *two (2) years in province of Manitoba and Yukon Territory. 15. Notice Any written notice to the Insurer may be delivered at, or sent by registered mail to, the chief agency or head office of the Insurer in the province. Written notice may be given to the Insured named in the contract by letter personally delivered to him or by registered mail addressed to him at his latest post office address as notified to the Insurer. In this condition, the expression registered means registered in or outside Canada. Additional Conditions 1. Notice to Authorities Where the loss is due to cmalicious ats, burglary, robbery, theft or attempted theft, or is suspected to be so due, the Insured shall give immediate notice to the police or other authorities having jurisdiction. 2. No Benefit to Bailee It is warranted by the Insured that this insurance shall in no wise enure directly or indirectly to the benefit of any carrier or other bailee. 3. Pair and Set In the case of loss of or damage to any article or articles, whether scheduled or unscheduled, which are a part of a set, the measure of loss of or damage to such article or articles shall be a reasonable and fair proportion of the total value of the set, but in no event shall such loss or damage be construed to mean total loss of set. 4. Parts In the case of loss of or damage to any part of the insured property, whether scheduled or unscheduled, consisting when complete for use of several parts, the Insurer is not liable for more than the insured value of the part lost or damaged, including the cost of installation. 5. Sue and Labour It is the duty of the Insured in the event that any property insured hereunder is lost to take all reasonable steps in and about the recovery of such property. The Insurer shall contribute pro rata towards any reasonable and proper expenses in connection with the foregoing according to the respective interests of the parties, but not exceeding the amount of insurance applicable to the said property insured so lost. 6. Basis of Settlement Unless otherwise provided, the Insurer is not liable beyond the actual cash value of the property at the time any loss or damage occurs and the loss or damage shall be ascertained or estimated according to such actual cash value with proper deduction for depreciation, however caused and shall in no event exceed what it would then cost to repair or replace the same with material of like kind and quality. 7. Subrogation The Insurer, upon making any payment or assuming liability therefor under this Policy, shall be subrogated to all rights of recovery of the Insured against any person, and may bring action in the name of the Insured to enforce such rights. Where the net amount recovered after deducting the costs of recovery is not sufficient to provide a complete indemnity for the loss or damage suffered, that amount shall be divided between the Insurer and the Insured in the proportions in which the loss or damage has been borne by them respectively. 8. Canadian Currency Clause All limits of insurance, premiums and other amounts expressed in this Policy are in Canadian currency. A0059 (01Feb98) P. 3 of 3
6 Mortgage Clause A0068 (21Oct98) Applicable only to the coverages which are shown to be subject to this clause on the Coverage Summary. This insurance is amended as follows: 1. Breach of Conditions by Mortgagor, Owner or Occupant This insurance and every documented renewal thereof - as to the interest of the mortgagee only therein - is and shall be in force notwithstanding any act, neglect, omission or misrepresentation attributable to the mortgagor, owner or occupant of the property insured, including transfer of interest, any vacancy or non-occupancy, or the occupation of the property for purposes more hazardous than specified in the description of the risk; Provided always that the Mortgagee shall notify forthwith the Insurer (if known) of any vacancy or non-occupancy extending beyond thirty (30) consecutive days, or of any transfer of interest or increased hazard that shall come to his knowledge; and that every increase of hazard (not permitted by the Policy) shall be paid for by the Mortgagee - on reasonable demand - from the date such hazard existed, according to the established scale of rates for the acceptance of such increased hazard, during the continuance of this insurance. 2. Right of Subrogation Whenever the Insurer pays the Mortgagee any loss award under this Policy and claims that - as to the Mortgagor or Owner - no liability therefor existed, it shall be legally subrogated to all rights of the Mortgagee against the Insured; but any subrogation shall be limited to the amount of such loss payment and shall be subordinate and subject to the basic right of the Mortgagee to recover the full amount of its mortgage equity in priority to the Insurer; or the Insurer may at its option pay the Mortgagee all amounts due or to become due under the mortgage or on the security thereof, and shall thereupon receive a full assignment and transfer of the mortgage together with all securities held as collateral to the mortgage debt. 3. Other Insurance If there be other valid and collectible insurance upon the property with loss payable to the Mortgagee - at law or in equity - then any amount payable thereunder shall be taken into account in determining the amount payable to the Mortgagee. 4. Who May Give Proof of Loss In the absence of the Insured, or the inability, refusal or neglect of the Insured to give notice of loss or deliver the required proof of loss under the Policy, then the Mortgagee may give the notice upon becoming aware of the loss and deliver as soon as practicable the proof of loss. 5. Termination The term of this mortgage clause coincides with the term of the Policy; provided always that the Insurer reserves the right to cancel the Policy as provided by statutory provision but agrees that the Insurer will neither terminate nor alter the Policy to the prejudice of the Mortgagee without the notice stipulated in such statutory provision. 6. Foreclosure Should title or ownership to said property become vested in the Mortgagee and/or assigns as owner or purchaser under foreclosure or otherwise, this insurance shall continue until expiry or cancellation for the benefit of the said Mortgagee and/or assigns. Subject to the terms of this mortgage clause (and these shall supersede any Policy provisions in conflict therewith but only as to the interest of the Mortgagee), loss under this Policy is made payable to the Mortgagee. Except as otherwise provided in this Form, all terms, provisions and conditions of the Policy shall have full force and effect.
7 General Insuring Agreement and Conditions Applicable to this Policy A0073 (Rev. 25Aug05) 1. Insuring Agreement In consideration of the premium specified and the statements shown on the Coverage Summary and of the conditions, stipulations and declarations contained in the forms and endorsements, the Insurer agrees to insure the Insured named on the Coverage Summary to the extent provided by the forms and endorsements, for the Policy Period. By the acceptance of this Policy, the Insured acknowledges the cancellation from the effective date of this Policy, or of any previous Policy (or the renewal thereof) which is shown on the Coverage Summary as replaced. 2. Cancellation Notwithstanding anything contained to the contrary in the conditions specifically applying to each section of this Policy, it is understood and agreed that the Termination condition of the Statutory Conditions of the Policy may at the Insurer s option be applied to the contract in its entirety. 3. Short Rate Premium Table Short rate table when applicable is as follows: Days in Force % of Premium Retained Days in Force % of Premium Retained Days in Force % of Premium Retained & over A0073 (Rev. 25Aug05) P. 1 of 2
8 4. Definition Wherever the word policy, contract (meaning this insurance contract), or insurance (meaning this insurance contract), is used in the conditions applicable to this Policy or in the forms and endorsements forming part thereof, such word shall be held to apply only to the specific cover provided by that section and by the forms and endorsements forming part thereof. 5. Dispute Resolution In the event that the Insurer and the Insured(s) cannot agree concerning either the coverage or the quantum afforded by this policy, it is agreed that the dispute shall be resolved in accordance with the dispute resolution process hereinafter described: a) Mediation with a Mediator mutually agreed to by the parties to the dispute. If the parties fail to concur on the choice of the Mediator, a Court shall appoint a Mediator on a Motion by one of the parties. b) If settlement at Mediation is not possible, the dispute will be referred to Arbitration in accordance with the applicable Arbitration legislation/regulations in the jurisdiction in which the Policy is issued. The decision of the Arbitrator will be binding on all parties to the dispute with no right of appeal. c) Each party shall bear its own costs and expenses in connection with the dispute resolution process. The costs and expenses of Mediation and Arbitration shall be shared equally by the parties to the dispute. By agreement in writing, the Insurer and the Insured(s) may waive compliance with this section or any part thereof for purposes of a specified dispute. A0073 (Rev. 25Aug05) P. 2 of 2
9 General Conditions A0098 (Rev. 25Mar01) This Policy is subject to the Civil Code of the Province of Quebec. Reference to Civil Code articles in some instances is for easier reading only and should not be construed as exact quotations. For all coverages except where inapplicable. 1. Statements 1.1 Representation of risk (Article 2408) The client, and the Insured if the Insurer requires it, is bound to represent all the facts known to him which are likely to materially influence an insurer in the setting of the premium, the appraisal of the risk or the decision to cover it, but he is not bound to represent facts known to the Insurer or which from their notoriety he is presumed to know, except in answer to inquiries. The client means the person submitting an insurance application. 1.2 Material change in risk (Articles 2466 and 2467) The Insured shall promptly notify the Insurer of any change that increases the risks stipulated in the Policy and that results from events within his control if it is likely to materially influence an insurer in setting the rate of the premium, appraising the risk or deciding to continue to insure it. On being notified of any material change in the risk, the Insurer may cancel the contract or propose, in writing, a new rate of premium. Unless the new premium is accepted and paid by the Insured within thirty (30) days of proposal, the Policy ceases to be in force. 1.3 Misrepresentations or concealment (Articles 2410, 2411 and 2466) Any misrepresentation or concealment of relevant facts mentioned in section 1.1 and in the first paragraph of section 1.2 by the client or the Insured nullifies the contract at the instance of the Insurer, even in respect to losses not connected with the risk so misrepresented or concealed. Unless the bad faith of the client or of the Insured is established or unless it is established that the Insurer would not have covered the risk if he had known the true facts, the Insurer remains liable towards the Insured for such proportion of the indemnity as the premium he collected bears to the premium he should have collected. 1.4 Warranties (Article 2412) Any increase in risk resulting from a breach of warranty suspends the coverage until accepted by the Insurer or until such breach has been remedied by the Insured. 2. General Provisions 2.1 Insurable Interest (Articles 2481 and 2484) (Applicable only to property insurance) A person has an insurable interest in a property where the loss or deterioration of the property may cause him direct and immediate damage. It is necessary that the insurable interest exist at the time of the loss but not necessary that the same interest have existed throughout the duration of the contract. The insurance of a property in which the Insured has no insurable interest is null. 2.2 Changes (Article 2405) The terms of this Policy shall not be waived or changed except by endorsement. 2.3 Assignment (Articles 2475 and 2476) This Policy may be assigned only with the consent of the Insurer and in favour of a person who has an insurable interest in the insured property. Upon the death or bankruptcy of the Insured or the assignment of his interest in the insurance to a co-insured, the insurance continues in favour of the heir, trustee in bankruptcy or remaining Insured, subject to his performing the obligations that were incumbent upon the Insured. 2.4 Books and Records The Insurer and its authorized representatives shall have the right to examine the Insured s books and records related to the subject matter of this insurance at any time during the period of this Policy and the three (3) subsequent years. A0098 (Rev. 25Mar01) P. 1 of 5
10 2. General Provisions (continued) 2.5 Inspection The Insurer and its authorized representatives shall have the right but are not obligated to make inspections of the risk, inform the Insured of the conditions found and recommend changes. Any inspections, surveys, findings or recommendations relate only to insurability and the premiums to be charged. They shall not constitute a warranty that the premises, property or operations are safe or healthful or comply with laws, codes or standards. 2.6 Currency All limits of insurance, premiums and other amounts as expressed in this Policy are in Canadian currency. 3. Losses 3.1 Notice of Loss (Article 2470) The Insured shall notify the Insurer of any loss which may give rise to an indemnity, as soon as he becomes aware of it. Any interested person may give such notice. In the event that the requirement set out in the preceding paragraph is not fully complied with, all rights to compensation shall be forfeited by the Insured where such non-compliance has caused prejudice to the Insurer. 3.2 Information to be provided (Article 2471) The Insured shall inform the Insurer as soon as possible of all the circumstances surrounding the loss, including its probable cause, the nature and extent of the damage, the location of the insured property, the rights of third parties, and any concurrent insurance; he shall also furnish him with vouchers and swear or warrant to the truth of the information. Where, for a serious reason, the Insured is unable to fulfil such obligation, he is entitled to a reasonable time in which to do so. If the Insured fails to fulfil his obligation, any interested person may do so on his behalf. In addition, the Insured shall forthwith send to the Insurer a copy of any notice, letter, subpoena or writ or document received in connection with a claim. 3.3 False representation (Article 2472) Any deceitful representation entails the loss of the right of the person making it to any indemnity in respect of the risk to which the representation relates. However, if the occurrence of the event insured against entails the loss of both movable and immovable property or of both property for occupational use and personal property, forfeiture is incurred only with respect to the class of property to which the representation relates. 3.4 Intentional fault (Article 2464) The Insurer is never liable to compensate for injury resulting from the Insured s intentional fault. Where there is more than one Insured, the obligation of coverage remains in respect of those Insureds who have not committed an intentional fault. Where the Insurer is liable for injury caused by a person for whose acts the Insured is liable, the obligation of coverage subsists regardless of the nature or gravity of that person s fault. 3.5 Notice to police (applicable to property insurance only) The Insured must promptly give notice to the police of any loss caused by vandalism, theft or attempted theft or other criminal act. 3.6 Safeguarding and examination of property (Article 2495) (applicable to property insurance only) At the expense of the Insurer, the Insured must take all reasonable steps to prevent further loss or damage to the insured property and any further loss or damage resulting directly or indirectly from the Insured s failure to take such action shall not be recoverable. The Insured may not abandon the damaged property if there is no agreement to that effect. The Insured shall facilitate the salvage and inspection of the insured property by the Insurer. He shall, in particular, permit the Insurer and his representatives to visit the premises and examine the insured property before repairing, removing or modifying the damaged property, unless so required to safeguard the property. A0098 (Rev. 25Mar01) P. 2 of 5
11 3. Losses (continued) 3.7 Admission of liability and cooperation (Article 2504) The Insured shall cooperate with the Insurer in the processing of all claims. (The following two paragraphs are applicable to liability insurance only: article 2504) No transaction made without the consent of the Insurer may be set up against him. The Insured shall not admit any liability nor settle or attempt to settle any claim, except at his own risk. 3.8 Right of action (Article 2502) (applicable to liability insurance only) The Insurer may set up against the injured third person any grounds he could have invoked against the Insured at the time of the loss, but not grounds pertaining to facts that occurred after the loss; the Insurer has a right of action against the Insured in respect of facts that occurred after the loss. 4. Compensation and Settlement 4.1 Basis of settlement (Articles 2490, 2491, 2493) (applicable to property insurance only) Unless otherwise provided, the Insurer shall not be liable for more than the actual cash value of the property at the time of loss as normally determined. In unvalued policies, the amount of insurance does not make proof of the value of the insured property. In valued policies, the agreed value makes complete proof, between the Insurer and the Insured, of the value of the insured property. If the amount of insurance is less than the value of the property the Insurer is released by paying the amount of the insurance in the event of total loss or a proportional indemnity in the event of partial loss. 4.2 Pair and set (applicable to property insurance only) In the case of loss of or damage to any article or articles, whether scheduled or unscheduled, which are part of a set, the measure of loss of or damage to such article or articles shall be a reasonable and fair proportion of the value of the set, but in no event shall such loss or damage be construed to mean total loss of set. 4.3 Parts (applicable to property insurance only) In the case of loss of or damage to any part of the insured property, whether scheduled or unscheduled, consisting, when complete for use, of several parts, the Insurer is not liable for more than the insured value of the part lost or damaged, including the cost of installation. 4.4 Replacement (Article 2494) (applicable to property insurance only) Subject to the rights of preferred and hypothecary creditors, the Insurer reserves the right to repair, rebuild or replace the insured property. He is then entitled to salvage and may take over the property. 4.5 Time of payment (Articles 1591, 2469 and 2473) The Insurer shall pay the indemnity within sixty (60) days after receiving the notice of loss or, at his request, all relevant information and vouchers, provided the Insured shall have complied with all the terms of the contract. Any outstanding premium may be deducted from the indemnity payable. 4.6 Property of others (applicable to property insurance only) Where a claim is made as a result of loss of or damage to property not owned by the Insured, the Insurer reserves the right to pay the indemnity to the Insured or to the owner of the property and to deal directly with such owner. 4.7 Waiver Neither the Insurer nor the Insured shall be deemed to have waived any term or condition of the Policy by any act relating to arbitration or to the completion or delivery of proof of loss, or to the investigation or adjustment of the claim. 4.8 Limitation of actions (Article 2925) Every action or proceeding against the Insurer under this Policy shall be commenced within three (3) years from the date the right of action has arisen. 4.9 Subrogation (Article 2474) Unless otherwise provided, the Insurer shall be subrogated to the extent of the amount paid or the liability assumed therefor under this Policy to the rights of the Insured against persons responsible for the loss except when they are members of the Insured s household. The Insurer may be fully or partly released from his obligation towards the Insured where, owing to any act of the Insured, he cannot be so subrogated. A0098 (Rev. 25Mar01) P. 3 of 5
12 5. Dispute Resolution In the event that the Insurer and the Insured(s) cannot agree concerning either the coverage or the quantum afforded by this policy, it is agreed that the dispute shall be resolved in accordance with the dispute resolution process hereinafter described: (a) Mediation with a Mediator mutually agreed to by the parties to the dispute. If the parties fail to concur on the choice of the Mediator, a Court shall appoint a Mediator on a Motion by one of the parties. (b) If settlement at Mediation is not possible, the dispute will be referred to Arbitration in accordance with the applicable Arbitration legislation/regulations in the jurisdiction in which the Policy is issued. The decision of the Arbitrator will be binding on all parties to the dispute with no right of appeal. (c) Each party shall bear its own costs and expenses in connection with the dispute resolution process. The costs and expenses of Mediation and Arbitration shall be shared equally by the parties to the dispute. By agreement in writing, the Insurer and the Insured(s) may waive compliance with this section or any part thereof for purposes of a specified dispute. 6. Other Insurance 6.1 Property Insurance (Article 2496) The Insured who, without fraud, is insured by several insurers, under several policies, for the same interest and against the same risk so that the total amount of indemnity that would result from the separate performance of such policies would exceed the loss incurred may be indemnified by the insurer or insurers of his choice, each being liable only for the amount he has contracted for. No clause suspending all or part of the performance of the contract by reason of other insurance may be used against the Insured. Unless otherwise agreed, the indemnity is apportioned among the insurers in proportion to the share of each in the total coverage, except in respect of specific insurance, which constitutes primary insurance. 6.2 Liability Insurance The liability insurance provided under this Policy is primary insurance except when stated to apply in excess of, or contingent upon the absence of, other insurance. When this insurance is primary and the Insured has other insurance which is stated to be applicable to the loss on an excess or contingent basis, the amount of the Insurer s liability under this Policy shall not be reduced by the existence of such other insurance. When both this insurance and other insurance apply to the loss on the same basis whether primary, excess or contingent, the Insurer shall not be liable under this Policy for a greater proportion of the loss than that stated in the applicable contribution provision below. Contribution by equal share: If all of such other collectible insurance provides for contribution by equal shares, this Insurer shall not be liable for a greater proportion of such loss than would be payable if each insurer contributed an equal share until the share of each insurer equals the lowest applicable limit of liability under any one policy or the full amount of the loss is paid, and with respect to any amount of loss not so paid the remaining insurers then continue to contribute equal shares of the remaining amount of the loss until each such insurer has paid its limit in full or the full amount of the loss is paid. Contribution by limits: If any such other insurance does not provide for contribution by equal shares, this Insurer shall not be liable for a greater proportion of such loss than the applicable limit of liability under this Policy for such loss bears to the total applicable limit of liability of all valid and collectible insurance against such loss. 7. Cancellation (Articles 2477 and 2479) This policy may be cancelled at any time: (a) By mere written notice from each of the Named Insureds. Termination takes effect upon receipt of the notice and the Insured shall therefore be entitled to a refund of the excess of the premium actually paid over the short-term rate for the expired time. (b) By the Insurer giving written notice to each Named Insured. Termination takes effect fifteen (15) days following receipt of such notice by the Insured at his last known address and the Insurer shall refund the excess of premium actually paid over the pro rata premium for the expired time. If the premium is subject to adjustment or determination as to amount, the refund shall be made as soon as practicable. Where one or more of the Named Insureds have been mandated to receive or send the notices provided for under paragraph (a) or (b) above, notices sent or received by them shall be deemed to have been sent or received by all Named Insureds. In this condition, the words premium actually paid mean the premium actually paid by the Insured to the Insurer or its representative but do not include any premium or part thereof paid to the Insurer by a representative unless actually paid to the representative by the Insured. A0098 (Rev. 25Mar01) P. 4 of 5
13 8. Notice Any notice to the Insurer may be sent by any recognized means of communication to the Insurer or its authorized representative. Notice may be given to the Named Insured by letter personally delivered to him or by mail addressed to him at his last known address. It is incumbent upon the sender to prove that such notice was received. A0098 (Rev. 25Mar01) P. 5 of 5
14 Notice of Cancellation/Termination A0102 (Rev. 07Jul02) Except for cancellation for non-payment of premium, the number of days notice by the Insurer as stated in the Notice of Cancellation or Termination clause(s) contained in this Policy is amended to the number of days as shown on the Coverage Summary. Except as otherwise provided in this Form, all terms, provisions and conditions of the Policy shall have full force and effect.
15 Terrorism Exclusion E0207 (Rev. 15July11) Applicable to all Property Insured, Business Income and Extra Expense as shown on the Coverage Summary. Notwithstanding any provision to the contrary within this Policy or any endorsement thereto it is agreed that: This Policy does not insure loss, damage or expense caused directly or indirectly in whole or in part, by Terrorism or by any activity or decision of a government agency or other entity to prevent, respond to or terminate Terrorism, regardless of any other causes or events (whether covered or not) that contribute concurrently or in any sequence to the occasioning of the loss or damage. If any portion of this exclusion is found to be invalid, unenforceable or contrary to statute, the remainder shall remain in full force and effect. Terrorism means an ideologically motivated unlawful act or acts, including but not limited to the use of violence or force or threat of violence or force, committed by or on behalf of any group(s), organization(s) or government(s) for the purpose of influencing any government and/or instilling fear in the public or a section of the public. Business Income shall mean: Gross Rentals, Gross Profit, Gross Rent and Rental Value, Gross Earnings, Earnings, Contingent Business Interruption Extension, Business Interruption Loss at Newly Acquired Location, Off Premises Power Extension, Computer Protection Comprehensive - Business Interruption Extension or By-Laws Additional Time Required for Rebuilding Extension (Business Interruption) as described in the Form(s) on the Policy. Except as otherwise provided in this Exclusion, all terms, provisions and conditions of the Policy shall have full force and effect.
16 Commercial Building, Equipment and Stock (Broad Form) B0001 (Rev. 15Apr07) Words and phrases in quotation marks have special meaning as defined in Clause Insuring Agreement In the event that any of the property insured be lost or damaged by the perils insured against, the Insurer will pay the Insured for the direct loss so caused to an amount not exceeding whichever is the least of: (a) the actual cash value of the property at the time of loss or damage; (b) the interest of the Insured in the property; (c) the amount of insurance shown on the Coverage Summary in respect of the property lost or damaged. Provided, however, that where the insurance applies to the property of more than one person or interest the Insurer s total liability for loss sustained by all such persons and interests shall be limited in the aggregate to the amount or amounts of insurance shown on the Coverage Summary. 2. Property Insured (a) This Form insures the following property but only those items for which an amount of insurance is shown on the Coverage Summary : A. Building(s) B. Equipment C. Stock D. Contents E. Property of Every Description The insurance in this Clause 2. (a) applies only while at the location(s) shown on the Coverage Summary. (b) This Form also insures the following property but only if an amount of insurance is shown on the Coverage Summary : F. Contents at non-owned locations: Equipment and Stock, except while in transit, at a location not owned, rented or controlled in whole or in part by the Insured. G. Newly acquired buildings and contents: Building(s), Equipment and Stock at any newly acquired location that is owned, rented or controlled by the Insured in whole or in part. The amount of insurance attaches at the time of the acquisition and extends for a period of thirty (30) days or to the date of endorsement of this Form adding such location whichever first occurs. H. Parcel post: Equipment and Stock in any one package in course of transit by parcel post. I. Other Transit: Equipment and Stock in transit other than by parcel post. J. Sales representative: Equipment and Stock, whether in transit or otherwise, in the custody of a sales representative of the Insured, subject to Clause 6. A. (k). The insurance in Clause 2. (b) applies only while the described property is within the territorial limits of Canada and the United States of America. Items covered under Clause 2. (b) are not subject to the terms of the Co-insurance Clause 4. hereof. 3. Deductible The Insurer is liable for the amount by which the loss or damage caused by any of the perils insured against exceeds the amount of the deductible shown on the Coverage Summary in any one occurrence. 4. Co-Insurance This clause applies separately to each item of Clause 2. (a) for which an amount of insurance is shown on the Coverage Summary and only where the total loss exceeds the lesser of 5% of the applicable amount of insurance or ten thousand dollars ($10,000). The Insured shall maintain insurance concurrent with this Form on the property insured to the extent of at least the amount produced by multiplying the actual value of the property by the co-insurance percentage shown on the Coverage Summary, and, failing so to do, shall only be entitled to recover that portion of any loss that the amount of insurance in force at the time of loss bears to the amount of insurance required to be maintained by this clause. 5. Perils Insured This Form, except as herein provided, insures against all risks of direct physical loss of or damage to the property insured. B0001 (Rev. 15Apr07) P. 1 of 8
17 6. A. Property Excluded This Form does not insure loss of or damage to: (a) sewers, drains or watermains located beyond the outside bearing walls or foundations of the property insured, outside communication towers, antennae (including satellite receivers) and equipment attached thereto, streetclocks, exterior signs, exterior glass or vitrolite and lettering or ornamentation thereon, but this exclusion does not apply to loss or damage caused directly by named perils ; (b) property at locations which to the knowledge of the Insured, are vacant, unoccupied or shut down for more than thirty (30) consecutive days; (c) electrical devices, appliances or wiring caused by artificially generated electrical currents, including arcing, unless fire or explosion as described in Clause 19. (k) ensues and then only for such ensuing loss or damage; (d) growing plants, trees, shrubs or flowers, all while in the open except as provided in the Extensions of Coverage Clause 7. (e); (e) animals, fish or birds, but this exclusion does not apply to loss or damage caused directly by named perils or from theft or attempt thereat; (f) money, bullion, platinum and other precious metals or alloys, securities, stamps, tickets and tokens, evidence of debt or title; (g) automobiles, watercraft, amphibious or air cushion vehicles, aircraft, spacecraft, trailers, motors or other accessories attached to or mounted on such property, but this exclusion shall not apply to: (i) watercraft, amphibious or air cushion vehicles held for sale at the premises of the Insured; (ii) unlicensed automobiles or unlicensed trailers used in the business of the Insured when on the premises of the Insured; (h) furs, fur garments, jewels, jewellery, costume jewellery, watches, pearls, precious and semi-precious stones, but this exclusion does not apply to: (i) the first one thousand dollars ($1,000) of any loss insured herein; (ii) any loss or damage caused directly by named perils ; (i) property insured under the terms of any Marine insurance, and property while waterborne, except while on a regular ferry or railway car transfer barge in connection with land transportation; (j) property on loan or on rental or sold by the Insured under conditional sale, instalment payment or other deferred payment plan, from the time of leaving the Insured s custody, but this exclusion does not apply while such property is in the custody of a carrier for hire for the purpose of delivery at the risk of the Insured; (k) property in the custody of a sales representative outside the premises of the Insured, unless an amount of insurance is shown on the Coverage Summary pertaining to a sales representative; (l) property illegally acquired, kept, stored or transported; property seized or confiscated for breach of any law or by order of any public authority; (m) (i) any pressure vessel having normal internal working pressure greater than 103 kilopascals (15 pounds per square inch) above atmospheric pressure; (ii) any boiler, including the piping and equipment connected thereto, which contains steam or water under steam pressure (except tanks having an internal diameter of 610 millimetres (24 inches) or less used for the storage of hot water for domestic use); caused directly or indirectly by explosion, rupture, bursting, cracking, burning out or bulging of such property while connected ready for use, but this exclusion does not apply to: (1) manually portable gas cylinders; (2) explosion of natural, coal or manufactured gas; (3) explosion of gas or unconsumed fuel within a furnace or within the gas passages therefrom to the atmosphere; (n) mobile personal computing devices, including but not limited to laptops, notebooks and personal digital assistants (PDA), but this exclusion shall not apply to items held for sale at the premises of the Insured. 6. B. Perils Excluded This Form does not insure against loss, damage or expense caused directly or indirectly: (a) by earthquake, except for ensuing loss or damage which results directly from fire, explosion, smoke or leakage from fire protective equipment, all as described in Clause 19. (k); (b) by flood, including waves, tides, tidal waves, tsunamis or the rising of, the breaking out or the overflow of any body of water, whether natural or man-made, but this exclusion does not apply to ensuing loss or damage which results directly from fire, explosion, smoke or leakage from fire protection equipment, all as described in Clause 19. (k), or leakage from a watermain; Exclusions (a) and (b) do not apply to property in transit. B0001 (Rev. 15Apr07) P. 2 of 8
18 6. B. Perils Excluded (continued) (c) (i) by seepage, leakage or influx of water derived from natural sources through basement walls, doors, windows or other openings therein, foundations, basement floors, sidewalks, sidewalk lights, or by the backing up of sewers, sumps, septic tanks or drains, unless concurrently and directly caused by a peril not otherwise excluded in Clause 6. B., C., D. or E. hereof; (ii) by the entrance of rain, sleet or snow through doors, windows, skylights or other similar wall or roof openings unless through an aperture concurrently and directly caused by a peril not otherwise excluded in Clause 6. B., C., D. or E. hereof; (d) by centrifugal force, mechanical or electrical breakdown or derangement in or on the premises, unless fire ensues and then only for the loss or damage caused directly by such ensuing fire; (e) by dampness or dryness of atmosphere, changes of temperature, freezing, heating, shrinkage, evaporation, loss of weight, leakage of contents, exposure to light, contamination, change in colour or texture or finish, rust or corrosion, marring, scratching or crushing but this exclusion does not apply to loss or damage caused directly by named perils or rupture of pipes or breakage of apparatus not excluded under paragraph (m) of Clause 6. A. hereof, theft or attempt thereat or accident to transporting conveyance. Damage to pipes caused by freezing is insured provided such pipes are not excluded in paragraph (m) of Clause 6. A. hereof; (f) by smoke from agricultural smudging or industrial operations; (g) by rodents, insects or vermin, but this exclusion does not apply to loss or damage caused directly by a peril not otherwise excluded in Clause 6. B., C., D. or E. hereof; (h) by delay, loss of market or loss of use or occupancy; (i) by war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military power; (j) (i) by any nuclear incident (as defined in the Nuclear Liability Act or any other nuclear liability act, law or statute, or any law amendatory thereof) or nuclear explosion, except for ensuing loss or damage which results directly from fire, lightning or explosion of natural, coal or manufactured gas; (ii) by contamination by radioactive material; (k) (i) by or resulting from misappropriation, secretion, conversion, infidelity or any dishonest act on the part of the Insured or other party of interest, the employees or agents of the Insured or any person or persons to whom the property may be entrusted (bailees for hire excepted); (ii) by voluntary parting of ownership or title by the Insured to any party whether from a legal or illegal transaction; (iii) by loss or shortage disclosed on taking inventory, or any mysterious disappearance; (l) to building(s) by: (i) snowslide, landslide, subsidence or other earth movement, except for ensuing loss or damage which results directly from fire, explosion, smoke or leakage from fire protective equipment, all as described in Clause 19. (k); (ii) explosion (except with respect to explosion of natural, coal, or manufactured gas), collapse, rupture, bursting, cracking, burning out or bulging of the following property owned, operated or controlled by the Insured, unless fire ensues and then only for the loss or damage caused directly by such ensuing fire; a) the portions containing steam or water under steam pressure of all boilers generating steam, and piping or other equipment connected to said boilers and containing steam or water under steam pressure; b) piping and apparatus or parts thereof normally containing steam or water under steam pressure from an external source and while under such pressure; c) other vessels and apparatus and pipes connected therewith while under pressure, or while in use or in operation provided their maximum normal internal working pressure exceeds 103 kilopascals (15 pounds per square inch) above atmospheric pressure but this exclusion does not apply to loss or damage resulting from the explosion of manually portable gas cylinders or of tanks having an internal diameter of 610 millimetres (24 inches) or less used for the heating and storage of hot water for domestic use; d) moving or rotating machinery or parts thereof; e) any vessels and apparatus and pipes connected therewith while undergoing pressure test but this exclusion does not apply to other property insured hereunder that has been damaged by such explosion; f) gas turbines; (iii) settling, expansion, contraction, moving, shifting or cracking unless concurrently and directly caused by a peril not otherwise excluded in Clause 6. B., C., D. or E. hereof; (m) proximately or remotely arising in consequence of or contributed to by the enforcement of any by-law, regulation, ordinance or law regulating zoning or the demolition, repair or construction of buildings or structures, which by-law, regulation, ordinance or law makes it impossible to repair or reinstate the property as it was immediately prior to the loss; B0001 (Rev. 15Apr07) P. 3 of 8
19 6. B. Perils Excluded (continued) Nor does this Form insure: (n) wear and tear, gradual deterioration, latent defect, inherent vice, or the cost of making good faulty or improper material, faulty or improper workmanship, faulty or improper design, provided, however, to the extent otherwise insured and not otherwise excluded under this Form, resultant damage to the property is insured; (o) loss of or damage sustained to equipment or stock while actually being worked upon and directly resulting therefrom or caused by any repairing, adjusting or servicing of equipment or stock, unless fire or explosion as described in Clause 19. (k) ensues and then only for the loss or damage caused by such ensuing fire or explosion. 6. C. Pollution Excluded This Form does not insure against: (a) loss or damage caused directly or indirectly by any actual or alleged spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of pollutants, nor the cost or expense of any resulting clean up, but this exclusion does not apply: (i) if the spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of pollutants is the direct result of a peril not otherwise excluded under this Form; (ii) to loss or damage caused directly by a peril not otherwise excluded under this Form; (b) cost or expense for any testing, monitoring, evaluating or assessing of an actual, alleged, potential or threatened spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of pollutants. 6. D. Data Excluded (i) This Form does not insure Data. (ii) This Form does not insure loss or damage caused directly or indirectly by Data problem. However, if loss or damage caused by Data problem results in the occurrence of further loss of or damage to property insured that is directly caused by fire, explosion, smoke, leakage from fire protective equipment, escape of water from any tank, apparatus or pipe, all as described in Clause 19. (k) Named Perils, this exclusion (ii) shall not apply to such resulting loss or damage. 6. E. Fungi and Fungal Derivatives Excluded This Form does not insure: (a) loss or damage consisting of or caused directly or indirectly, in whole or in part, by any fungi or spores unless such fungi or spores are directly caused by or directly result from a peril otherwise insured and not otherwise excluded by this Form; (b) the cost or expense for any testing, monitoring, evaluating or assessing of fungi or spores. 7. Extensions of Coverage The following extensions of coverage shall not increase the amounts of insurance applying under this Form and are subject to all conditions of this Form: (a) Removal: If any of the insured property is necessarily removed from the location(s) specified herein to prevent loss or damage or further loss or damage thereto, that part of the insurance under this Form that exceeds the amount of the Insurer s liability for any loss already incurred shall, for seven (7) days only, or for the unexpired term of the Policy if less than seven (7) days, insure the property removed and any property remaining in the location(s) specified herein in the proportions which the value of the property in each of the respective location(s) bears to the value of the property in them all. (b) (i) Removal of Debris: The Insurer will pay the Insured for expenses incurred in the removal from the Insured s premises of debris of the property insured occasioned by loss of or damage to such property for which loss, destruction or damage insurance is afforded under this Form. The amount payable under this extension shall not exceed 25% of the total amount payable for the direct physical loss to property insured plus the amount of the applicable deductible. (ii) Removal of Windstorm Debris: The Insurer will pay the Insured for expenses incurred in the removal of debris of other property which is not insured by this Form but which has been blown by windstorm upon a location shown on the Coverage Summary. Extensions of coverage (b)(i) and (b)(ii) do not apply to costs or expenses: (a) to clean up pollutants from land or water; or (b) for testing, monitoring, evaluating or assessing of an actual, alleged, potential, or threatened spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of pollutants. Debris removal expense shall not be considered in the determination of actual cash value for the purpose of applying the Coinsurance Clause 4. hereof. B0001 (Rev. 15Apr07) P. 4 of 8
20 7. Extensions of Coverage (continued) (c) Personal Property of Officers and Employees: At the option of the Insured, equipment also includes personal property of officers and employees of the Insured. The insurance on such property: (i) shall not attach if it is insured by the owner unless the Insured is obliged to insure it or is liable for its loss or damage; (ii) is, in any event, limited to a maximum recovery of five hundred dollars ($500) in respect of any one officer or employee; (iii) shall apply only to loss or damage occurring at a location specifically shown on the Coverage Summary, or included in Clause 2. (b) G. Newly Acquired Buildings and Contents. (d) Building Damage by Theft: This Form is extended to insure damage (except by fire) to that part of the building occupied by the Insured directly resulting from theft or any attempt thereat and from vandalism or malicious acts as described in Clause 19. (k) committed on the same occasion, provided the Insured is legally liable for such damage and the building is not otherwise insured hereunder. This extension of cover shall be limited to a maximum recovery of twenty-five hundred dollars ($2,500) in respect of any one loss. Glass and lettering or ornamentation thereon is excluded from this extension. (e) Growing Plants, Trees, Shrubs or Flowers in the Open: This Form is extended to insure loss of or damage to growing plants, trees, shrubs or flowers in the open caused directly by named perils (with the exception of windstorm or hail as described in Clause 19. (k)) or from theft or attempt thereat. This extension of coverage shall be limited to a maximum recovery of $20,000 subject to one thousand dollars ($1,000) for each growing plant, tree, shrub or flower in the open including debris removal expense. 8. Permission Permission is hereby granted: (a) for other insurance concurrent with this Form; (b) to make additions, alterations or repairs; (c) to do such work and to keep and use such articles, materials and supplies in such quantities as are usual or necessary to the Insured s business. 9. Breach of Conditions Where a loss occurs and there has been a breach of conditions relating to a matter before the happening of the loss, which breach would otherwise disentitle the Insured from recovery under this Form, the breach shall not disentitle the Insured from recovery if the Insured establishes that the loss was not caused or contributed to by the breach of condition or if the breach of condition occurred in any portion of the premises over which the Insured has no control. 10. Reinstatement of Limit After Loss Loss under any item of this Form shall not reduce the applicable amount of insurance unless an aggregate limit per policy period is stated to apply in the Coverage Summary or in any endorsement. 11. Subrogation The Insurer, upon making any payment or assuming liability therefor under this Form, shall be subrogated to all rights of recovery of the Insured against others and may bring action to enforce such rights. Notwithstanding the foregoing, all rights of subrogation are hereby waived against any corporation, firm, individual or other interest with respect to which insurance is provided by this Form. Where the net amount recovered, after deducting the cost of recovery, is not sufficient to provide a complete indemnity for the loss or damage suffered, that amount shall be divided between the Insurer and the Insured in the proportion in which the loss or damage has been borne by them respectively. Any release from liability entered into by the Insured prior to loss shall not affect the right of the Insured to recover. 12. Property Protection Systems It is agreed that the Insured shall notify forthwith the Insurer of any interruption to, or flaw or defect, coming to the knowledge of the Insured, in any: (a) sprinkler or other fire extinguishing system; or (b) fire detection system; or (c) intrusion detection system; and shall notify forthwith the Insurer of the cancellation or non-renewal of any contract which provides monitoring or maintenance services to any of these systems or of the notification of the suspension of police service in response to any of these systems. B0001 (Rev. 15Apr07) P. 5 of 8
21 13. Premium Adjustment This clause is applicable if stock is shown as adjustable and a specific amount of insurance and an adjustment rate is shown on the Coverage Summary. If within six (6) months after the expiry or anniversary date of each period of insurance, the Insured shall file with the Insurer a Premium Adjustment Application Form showing for the said period, the value of the stock insured, in accordance with Clause 15, on the last day of each month at each location as commented upon by the Insured s accountant, the actual premium for the said period shall then be calculated at the rate applying to each location for the average amount of the total values declared. If the premium paid by the Insured for such stock exceeds the actual premium thus calculated, the Insurer shall refund to the Insured any excess paid, subject to a minimum retained premium shown on the Coverage Summary and a maximum refund of 50% of the premium paid. In the event of any monthly declared values being in excess of the amount of insurance, the amount of the excess shall not be included in the premium adjustment calculations. In the event of loss originating within the term of this Policy, the premium for the full term of this insurance on the full amount paid or payable for such loss shall be regarded as earned and no return premium shall be allowed in respect thereof. 14. Verification of Values The Insurer or its duly appointed representative shall be permitted at all reasonable times during the term of this Policy, or within a year after termination or expiration, to inspect the property insured and to examine the Insured s books, records and such policies as relate to any property insured hereunder. Such inspection or examination shall not waive nor in any manner affect any of the terms or conditions of this Form. 15. Valuations For the purpose of calculating the total value of the property for the application of co-insurance, value reporting and for loss adjustment, the following valuation basis applies: (a) on unsold stock - the actual cash value of the property at the time any loss occurs, but in no event to exceed what it would cost to repair or replace with material of like kind and quality; (b) on sold stock - the selling price after allowance for discounts; (c) on unsold stock of second hand or used articles - the actual cash value of the property at the time any loss occurs, but in no event to exceed the actual cost to the Insured as shown by the Insured s purchase records; (d) on property of others in the custody or control of the Insured for the purpose of performing work thereon - the amount for which the Insured is liable but in no event to exceed the actual cash value at the time and place of loss plus allowance for labour and materials expended to such time; (e) on tenant s improvements and records - as defined in paragraphs (a) and (b) of Clause 16; (f) on all other property insured under this Form and for which no specific conditions have been set out - the actual cash value at the time the loss or damage occurs but in no event to exceed what it would then cost to repair or replace with material of like kind and quality. 16. Special Basis of Settlement (a) Tenant s Improvements: The liability of the Insurer shall be determined as follows: (i) if repaired or replaced with due diligence and dispatch, the amount actually and necessarily expended but in no event exceeding the actual cash value of the tenant s improvements immediately prior to the time of destruction or damage; (ii) if not repaired or replaced with due diligence and dispatch after such loss, that portion of the original cost of the damaged or destroyed tenant s improvements which the unexpired term of the lease at the time of loss bears to the period(s) from the date(s) such tenant s improvements were made to the expiration date of the lease. (b) Records: The liability of the Insurer for loss of or damage to: (i) books of accounts, drawings, card index systems and other records, other than as described in (ii) below, shall not exceed the cost of blank books, blank pages or other materials, plus the cost of labour for actually transcribing or copying said records; (ii) media, data storage devices and programme devices for electronic and electro-mechanical data processing or for electronically controlled equipment, notwithstanding that Data is not insured, shall not exceed the cost of reproducing such media, data storage devices, and programme devices from duplicates or from originals of the previous generation of the media, but no liability is assumed hereunder for the cost of gathering or assembling information or Data for such reproduction. Whichever of the above is applicable shall be the basis to be adopted for the purpose of applying co-insurance. 17. Property of Others At the option of the Insurer, any loss may be paid to the Insured or adjusted with and paid to the customer or the owner of the property. B0001 (Rev. 15Apr07) P. 6 of 8
22 18. Locked Vehicle Warranty This clause does not apply to property which is under the control of a common carrier. Warranted by the Insured that any vehicle in which the property insured is carried is equipped with a fully enclosed metal body or compartment, and the Insurer shall be liable in case of loss by theft from an unattended vehicle only as a direct result of forcible entry (of which there shall be visible evidence) into such body or compartment the doors and windows of which shall have been securely locked. 19. Definitions Wherever used in this Form (including endorsements or other forms attached to and forming part hereof): (a) Property of Every Description means: Building(s), Equipment and Stock. (b) Building means the building(s) shown on the Coverage Summary and includes: (i) fixed structures pertaining to the building(s) and located on the premises ; (ii) additions and extensions communicating and in contact with the building(s); (iii) permanent fittings and fixtures attached to and forming part of the building(s); (iv) materials, equipment and supplies on the premises for maintenance of, and normal repairs and minor alterations to the building or premises or for building services; (v) growing plants, trees, shrubs or flowers inside the building used for decorative purposes when the Insured is the owner of the building. (c) Clean up means the removal, containment, treatment, decontamination, detoxification, stabilization, neutralization or remediation of pollutants, including testing which is integral to the aforementioned processes. (d) Contents means: Equipment and Stock. (e) Coverage Summary means the coverage summary applicable to this Form. (f) Data means representations of information or concepts, in any form. (g) Data problem means: (i) erasure, destruction, corruption, misappropriation, misinterpretation of Data ; (ii) error in creating, amending, entering, deleting or using Data ; or (iii) inability to receive, transmit or use Data. (h) Equipment means: (i) generally all contents usual to the Insured s business including furniture, furnishings, fittings, fixtures, machinery, tools, utensils and appliances other than building or stock as herein defined; (ii) similar property belonging to others which the Insured is under obligation to keep insured or for which he is legally liable; (iii) tenant s improvements which are defined as building improvements, alterations and betterments made at the expense of the Insured to a building occupied by the Insured and which are not otherwise insured, provided the Insured is not the owner of such building. If the Insured purchased the use interest in tenant s improvements made by a predecessor tenant, this Form applies as though such tenant s improvements had been made at the expense of the Insured. (i) Fire Protective Equipment includes tanks, watermains, hydrants, valves and any other equipment used solely for fire protection or jointly for fire protection and for other purposes, but does not include: (i) branch piping from a joint system where such branches are used entirely for purposes other than fire protection; (ii) any watermains or appurtenances located outside of the described premises and forming a part of the public water distribution system; (iii) any pond or reservoir in which the water is impounded by a dam. (j) Fungi includes, but is not limited to, any form or type of mould, yeast, mushroom or mildew whether or not allergenic, pathogenic or toxigenic, and any substance, vapour or gas produced by, emitted from or arising out of any fungi or spores or resultant mycotoxins, allergens, or pathogens. (k) Named Perils means: (1) Fire or Lightning. (2) Explosion: However, except with respect to explosion of natural, coal or manufactured gas, there shall in no event be any liability hereunder for loss or damage caused by explosion, rupture or bursting in or of the following property owned, operated or controlled by the Insured: (i) a) the portions containing steam or water under steam pressure of all boilers generating steam, and piping or other equipment connected to said boilers and containing steam or water under steam pressure; b) piping and apparatus or parts thereof normally containing steam or water under steam pressure from an external source and while under such pressure; B0001 (Rev. 15Apr07) P. 7 of 8
23 19. Definitions (continued) (k) Named Perils (continued) c) the combustion chambers or fire boxes of steam generating boilers of the chemical recovery type and the flues or passages which conduct the gases of combustion therefrom; d) smelt dissolving tanks; (ii) other vessels and apparatus, and pipes connected therewith, while under pressure, or while in use or in operation, provided their maximum normal internal working pressure exceeds 103 kilopascals (15 pounds per square inch) above atmospheric pressure except that liability is specifically assumed for loss or damage resulting from the explosion of manually portable gas cylinders; (iii) moving or rotating machinery or parts of same when such loss or damage is caused by centrifugal force or mechanical breakdown; (l) (iv) any vessels and apparatus and pipes connected therewith while undergoing pressure tests, but this exclusion shall not apply to other property insured hereunder that has been damaged by such explosion; (v) gas turbines. The following are not explosions within the intent or meaning of this clause: a) electric arcing or any coincident rupture of electrical equipment due to such arcing; b) bursting or rupture caused by hydrostatic pressure or freezing; c) bursting or rupture of any safety disc, rupture diaphragm or fusible plug. (3) Impact by Aircraft, Spacecraft or Land Vehicle: The terms aircraft and spacecraft include articles dropped therefrom. There shall in no event be any liability hereunder due to cumulative damage or for loss or damage: (i) caused by land vehicles belonging to or under the control of the Insured or any of his employees; (ii) to aircraft, spacecraft or land vehicles causing the loss; (iii) caused by any aircraft or spacecraft when being taxied or moved inside or outside of buildings. (4) Riot, Vandalism or Malicious Acts: The term riot includes open assemblies of strikers inside or outside the premises who have quitted work and of locked-out employees. There shall in no event be any liability hereunder for loss or damage: (i) due to cessation of work or by interruption to process or business operations or by change(s) in temperature; (ii) due to flood or release of water impounded by a dam, or due to any explosion other than an explosion in respect of which there is insurance under Clause 19. (k) (2); (iii) due to theft or attempt thereat. (5) Smoke: The term smoke means smoke due to a sudden, unusual and faulty operation of any stationary furnace. There shall in no event be any liability hereunder for any cumulative damage. (6) Leakage from Fire Protective Equipment : The term leakage from fire protective equipment means the leakage or discharge of water or other substance from within the equipment used for fire protection purposes for the premises shown on the Coverage Summary or for adjoining premises and loss or damage caused by the fall or breakage or freezing of such equipment. (7) Windstorm or Hail: There shall in no event be any liability hereunder for loss or damage: (i) to the interior of the buildings insured or their contents unless damage occurs concurrently with and results from an aperture caused by windstorm or hail; (ii) directly or indirectly caused by any of the following, whether driven by wind or due to windstorm or not, snowload, ice-load, tidal wave, high water, overflow, flood, waterborne objects, waves, ice, land subsidence, landslip. (8) Escape of water from any tank, apparatus or pipe. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including odour, vapour, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. (m) Premises means the entire area within the property lines and areas under adjoining sidewalks and driveways at the locations shown on the Coverage Summary and in or on vehicles within 100 metres (328 ft.) of such locations. (n) Spores includes, but is not limited to, one or more reproductive particles or microscopic fragments produced by, emitted from or arising out of any fungi. (o) Stock means: (i) merchandise of every description usual to the Insured s business; (ii) packing, wrapping and advertising materials; and (iii) similar property belonging to others which the Insured is under obligation to keep insured or for which he is legally liable. B0001 (Rev. 15Apr07) P. 8 of 8
24 Commercial Condominium (Betterments) Extension E0198 (01Jun00) Attached to and forming part of the Commercial Building, Equipment and Stock (Broad Form). This insurance is extended to cover improvements and betterments to individual units made or acquired by the Insured as owner of such units, it being understood and agreed that this Insurer shall not be liable hereunder for more than twenty-five thousand ($25,000) dollars in any one such loss. This insurance will apply in excess of any other collectible insurance from the Condominium Corporation Policy. Except as otherwise provided in this Form, all terms, provisions and conditions of the Policy shall have full force and effect.
25 Condominium Unit Owners Contingent Extension E0116 (Rev. 07Jul02) Applicable only to those coverages which are shown to be subject to this extension on the Coverage Summary. 1. Coverage is hereby extended to insure the Insured s interest in the unit owned by him, excluding improvements or betterments made or acquired by him, up to the amount specified on the Coverage Summary to the extent that it is not so insured by the Condominium Corporation or to the extent that the insurance placed by the Condominium Corporation is not effective or is inadequate. 2. In the event of loss of or damage to the property insured herein during the term of this Policy by the peril(s) insured against, the liability of the Insurer shall be determined as follows: (a) If the property is repaired or replaced with due diligence and dispatch, the Insurer shall pay the actual expense (if any) incurred by the Insured for such repairs or replacement with material of like kind and quality without deduction for depreciation, less any recovery for the benefit of the Insured for loss or damage to the unit owned by the Insured, from any insurance covering the collective interests of the unit owners. (b) If the property is not repaired or replaced with due diligence and dispatch, the Insurer shall pay the actual cash value of the damaged or destroyed unit, less any recovery for the benefit of the Insured for loss or damage to such unit owned by the Insured, from any insurance covering the collective interests of the unit owners. 3. The perils insured against by this endorsement are all risks of direct physical loss or damage except as excluded in the property form to which this endorsement is attached. Except as otherwise provided in this Form, all terms, provisions and conditions of the Policy shall have full force and effect.
26 Condominium Property Loss Assessment Endorsement E0131 (Rev. 01Feb06) Applicable only to the coverages which are shown to be subject to this extension on the Coverage Summary. This insurance is extended as follows: 1. The Insurer agrees to pay the Insured, up to the amount of insurance shown on the Coverage Summary, the Insured s share of special assessments levied against the unit owners of the Condominium Corporation in accordance with the governing rules of the Corporation, when such assessment is made necessary by direct loss, caused by a peril insured, to the condominium property collectively owned by the unit owners and insured under this policy. 2. The Insured shall not be liable for any portion of such special assessments resulting from a deductible in the insurance of the Condominium Corporation. Except as otherwise provided in this Form, all terms, provisions and conditions of the Policy shall have full force and effect.
27 Sewer Back-up Extension E0040 (Rev. 06Dec04) This extension shall not increase the amounts of insurance and is applicable only to the location(s) which is (are) shown to be subject to this extension on the Coverage Summary. This insurance is extended to include loss or damage caused directly by the peril of sewer back-up subject to the following conditions: 1. Sewer Back-up For the purpose of this Form, sewer back-up means the backing up of sewers, sumps, septic tanks or drains. 2. Deductible Clause The Insurer is liable for the amount by which the loss or damage caused by sewer back-up exceeds the amount of the deductible shown on the Coverage Summary for sewer back-up in any one occurrence. If both an amount deductible and a percentage deductible are shown on the Coverage Summary, the higher of the two deductibles shall apply. If a percentage is shown, the amount of the deductible shall be that percentage of the actual cash value (or for those items subject to replacement cost, the replacement cost) of the insured property, or of the Insured s interest in the property, at each and every location that suffers a sewer back-up loss. 3. Limit of Liability The Insurer s total liability under this Form shall not exceed the Aggregate Limit for all coverages under the Property Section of this Policy applicable to each location, as shown on the Coverage Summary for a single Policy Period. Notwithstanding the above, in no event shall the Insurer s total liability under this Form exceed the amount of the Sewer Back-up Extension Policy Aggregate Limit for a single Policy Period when such aggregate is shown on the Coverage Summary. 4. Pro Rata Clause The Insurer shall only be liable for that proportion of a loss payable under this Form which the amount insured hereunder bears to the total amount of insurance covering the peril of fire on the same property. If the insurance covers two or more items, this provision shall apply to each item separately. Except as otherwise provided in this Form, all terms, provisions and conditions of the Policy shall have full force and effect.
28 Flood Extension E0020 (Rev. 06Dec04) This extension shall not increase the amounts of insurance and is applicable only to the location(s) which is (are) shown to be subject to this extension on the Coverage Summary. This insurance is extended to include loss or damage caused directly by the peril of flood subject to the following conditions: 1. Flood For the purpose of this Form, flood shall mean the rising of, the breaking out or the overflow of any body of water whether natural or man-made and includes waves, tides, tidal waves and tsunamis. 2. Deductible Clause The Insurer is liable for the amount by which the loss or damage caused by flood exceeds the amount of the deductible shown on the Coverage Summary for flood in any one occurrence. If both an amount deductible and a percentage deductible are shown on the Coverage Summary, the higher of the two deductibles shall apply. If a percentage is shown, the amount of the deductible shall be that percentage of the actual cash value (or for those items subject to replacement cost, the replacement cost) of the insured property, or of the Insured s interest in the property, at each and every location which suffers a flood loss. 3. Limit of Liability The Insurer s total liability under this Form shall not exceed the Aggregate Limit for all coverages under the Property Section of this Policy applicable to each location, as shown on the Coverage Summary for a single Policy Period. Notwithstanding the above, in no event shall the Insurer s total liability under this Form exceed the amount of the Flood Extension Policy Aggregate Limit for a single Policy Period when such aggregate is shown on the Coverage Summary. 4. Exclusions This Form does not cover loss or damage caused directly or indirectly by: (a) seepage, leakage or influx of water derived from natural sources through basement walls, doors, windows or other openings therein, foundations, basement floors, sidewalks, sidewalk lights, or by the backing up of sewers, sumps, septic tanks or drains; (b) any of the following perils whether or not caused by or attributable to flood: named perils, leakage from a water main or theft. 5. Extensions of Coverage The Insurer shall be liable for loss of or damage to the property insured caused by wind, hail, rain or snow entering a building through an opening in the roof or walls directly resulting from a flood. 6. Data Excluded Exception This exception is applicable only to the following coverages which are shown to be subject to this Flood Extension on the Coverage Summary : Gross Rentals, Rent or Rental Value, Profits, Gross Earnings Manufacturing, Gross Earnings Mercantile, Earnings No Co- Insurance and Extra Expense. If Data Problem is the direct result of flood, then the Data Excluded clause shall not apply. 7. Pro Rata Clause The Insurer shall only be liable for that proportion of a loss payable under this Form which the amount insured hereunder bears to the total amount of insurance covering the peril of fire on the same property. If the insurance covers two or more items, this provision shall apply to each item separately. Except as otherwise provided in this Form, all terms, provisions and conditions of the Policy shall have full force and effect.
29 Earthquake Extension E0038 (Rev. 06Dec04) This extension shall not increase the amounts of insurance and is applicable only to the location(s) which is (are) shown to be subject to this extension on the Coverage Summary. This insurance is extended to include loss or damage caused directly by the peril of earthquake subject to the following conditions: 1. Earthquake For the purpose of this Form, earthquake shall include snowslide, landslide or other earth movements occurring concurrently with and directly resulting from an earthquake shock. Each loss caused by earthquake shall constitute a single claim hereunder, provided that more than one earthquake shock occurring within any consecutive one hundred and sixty-eight (168) hours during the term of this Policy shall be deemed a single earthquake within the meaning hereof. Notwithstanding the foregoing, this Insurer shall not be liable for any loss or damage caused by any earthquake shock occurring before this Form becomes effective nor for any loss or damage caused by any earthquake shock occurring after the expiration of this Policy. 2. Deductible Clause The Insurer is liable for the amount by which the loss or damage caused by earthquake exceeds the amount of the deductible shown on the Coverage Summary for earthquake for any one occurrence. If a percentage is shown, the amount of the deductible shall be that percentage of the actual cash value (or for those items subject to replacement cost, the replacement cost) of the insured property or Insured s interest at each and every location which suffers an earthquake loss. If both an amount deductible and a percentage deductible are shown on the Coverage Summary, the higher of the two deductibles shall apply. 3. Limit of Liability The Insurer s total liability under this Form shall not exceed the Aggregate Limit for all coverages under the Property Section of this Policy applicable to each location, as shown on the Coverage Summary for a single Policy Period. Notwithstanding the above, in no event shall the Insurer s total liability under this Form exceed the amount of the Earthquake Extension Policy Aggregate Limit for a single Policy Period when such aggregate is shown on the Coverage Summary. Subject to the above Earthquake Extension Policy Aggregate Limit, the Insurer s liability under this Form shall not exceed the amount of the Earthquake Extension Sub-Limit for the individual province(s) shown on the Coverage Summary. 4. Exclusions This Form does not cover loss or damage caused directly or indirectly by any of the following perils whether or not caused by or attributable to earthquake: named perils, theft, flood of any nature, waves, tides, tidal waves, tsunamis, high water, waterborne objects or ice. 5. Extensions of Coverage The Insurer shall be liable for loss of or damage to the property insured, caused by wind, hail, rain or snow entering a building through an opening in the roof or walls directly resulting from an earthquake. 6. Data Excluded Exception This exception is applicable only to the following coverages which are shown to be subject to this Earthquake Extension on the Coverage Summary : Gross Rentals, Rent or Rental Value, Profits, Gross Earnings Manufacturing, Gross Earnings Mercantile, Earnings No Co- Insurance and Extra Expense. If Data Problem is the direct result of earthquake, then the Data Excluded clause shall not apply. 7. Pro Rata Clause The Insurer shall only be liable for that proportion of a loss payable under this Form which the amount insured hereunder bears to the total amount of insurance covering the peril of fire on the same property. If the insurance covers two or more items, this provision shall apply to each item separately. Except as otherwise provided in this Form, all terms, provisions and conditions of the Policy shall have full force and effect.
30 Stock Spoilage Extension E0002 (Rev. 08Dec05) Applicable only to the coverages which are shown to be subject to this extension on the Coverage Summary. This insurance is extended to cover physical loss of or damage to stock on the premises caused by dampness or dryness of atmosphere or change of temperature. The dampness or dryness of atmosphere or change of temperature must be the direct result of physical loss of or damage to building or equipment, including supply or transmission lines and pipes and their connections furnishing services, on the premises. The physical loss or damage must directly result from a peril insured against. The part of the building or of the equipment that sustains loss or damage must be used for refrigerating, cooling, humidifying, dehumidifying, heating or for generating or converting power. The maximum amount payable under this extension for any one occurrence is the amount of insurance specified for stock on the Coverage Summary. The provisions of this extension do not increase any amounts or limits of insurance provided by this Policy. As used in this extension services means electricity, water, gas or steam. Except as otherwise provided in this Form, all terms, provisions and conditions of the Policy shall have full force and effect.
31 Replacement Cost (excluding stock) Extension E0032 (Rev. 15Feb03) Applicable only to those coverages which are shown to be subject to this extension on the Coverage Summary. This insurance is amended as follows: 1. The Insurer agrees to amend the basis of settlement as stated in the Insuring Agreement from actual cash value to replacement cost subject to the following provisions: (a) replacement shall be effected by the Insured with due diligence and dispatch; (b) replacement shall be on the same site or on an adjacent site; (c) settlement on a replacement cost basis shall be made only when replacement has been effected by the Insured and in no event shall it exceed the amount actually and necessarily expended for such replacement; (d) failing compliance by the Insured with any of the foregoing provisions, settlement shall be made as if this Form had not been in effect; (e) any other insurance effected by or on behalf of the Insured in respect of the perils insured against by this insurance on the property to which this Form is applicable shall be on the basis of replacement cost as defined herein; (f) this Form applies separately to each item above. 2. In this Form: (a) replacement cost means the cost of replacing, repairing, constructing or reconstructing (whichever is the least), the property on the same site with new property of like kind and quality and for like occupancy without deduction for depreciation; and (b) replacement includes repair, construction or reconstruction with new property of like kind and quality. 3. In the event that new property of like kind and quality is not obtainable, new property which is as similar as possible to that damaged or destroyed and which is capable of performing the same function, shall be deemed to be new property of like kind and quality for the purpose of this Form. 4. Exclusions: This Form does not apply to: (a) stock ; (b) patterns, dies, moulds; (c) paintings, etchings, pictures, tapestries, statuary, marbles, bronzes, antique furniture, rare books, antique silver, porcelain, rare glassware, bric-a-brac or other articles of art, rarity or antiquity; (d) manuscripts and records meaning books of account, drawings, card index systems and other records, media, data storage devices and program devices for electronic and electro-mechanical data processing or for electronically controlled equipment; (e) any increases in the cost of replacement occasioned by a restriction or prohibition in any by-law, regulation, ordinance or law. 5. If this insurance is subject to a co-insurance clause requiring a stated percentage of insurance to value to be maintained, actual cash value, for the purpose of applying such a clause to the property to which this Form is applicable, shall be deemed to be replacement cost without deduction for depreciation. Except as otherwise provided in this Form, all terms, provisions and conditions of the Policy shall have full force and effect.
32 Debris Removal (from the Insured s Premises) Extension E0044 (26May98) Applicable only to those coverages which are shown to be subject to this extension on the Coverage Summary. This insurance is extended as follows: The amount shown on the Coverage Summary for this Form is in addition to the coverage provided under the Extensions of Coverage clause under any other form contained in this Policy. Except as otherwise provided in this Form, all terms, provisions and conditions of the Policy shall have full force and effect.
33 Fire Department Service Charges Extension E0045 (26May98) Applicable only to the coverages which are shown to be subject to this extension on the Coverage Summary. This insurance is extended as follows: Fire Department service charges are covered up to the limit of insurance shown in the Coverage Summary in any one occurrence when: (a) the Fire Department is called to save or protect the insured property from a peril insured against; and (b) the insured property is on the premises described in the Coverage Summary. Except as otherwise provided in this Form, all terms, provisions and conditions of the Policy shall have full force and effect.
34 Contents at a Newly Acquired Location E0048 (Rev. 07Jul02) Contents are covered for loss or damage by a peril insured against up to the amount of insurance specified on the Coverage Summary for this Form while at premises owned, rented or controlled by the Insured other than those specified in this Policy. Coverage is automatic on condition that notification of such contents shall be filed with the Insurer within ninety (90) days of such acquisition and any additional premium required by the Insurer shall be effected from the date of acquisition. Except as otherwise provided in this Form, all terms, provisions and conditions of the Policy shall have full force and effect.
35 Personal Property of Officers and Employees Extension E0057 (26May98) Applicable only to the coverages which are shown to be subject to this extension on the Coverage Summary. This insurance is extended to cover as follows: Personal property of officers and employees of the Insured is covered for loss or damage by a peril insured against for an amount not to exceed one thousand dollars ($1,000) per person nor twenty-five thousand dollars ($25,000) in any one occurrence while at a location shown on this Policy. This Form does not apply if such property is insured by the owner unless the Insured is obliged to insure it or is liable for its loss or damage. This Form replaces any similar coverage for personal property of officers and employees provided elsewhere in this insurance. Except as otherwise provided in this Form, all terms, provisions and conditions of the Policy shall have full force and effect.
36 Peak Season Extension E0058 (26May98) Applicable only to the coverages which are shown to be subject to this extension on the Coverage Summary. This insurance is extended as follows: The amount of insurance shown in the Coverage Summary with respect to stock shall be automatically increased by 25% to provide for seasonal variations. However, this increase shall not apply unless the amount of insurance shown in the Coverage Summary for stock coverage is 100% or more of the Insured s average monthly values for the twelve (12) months immediately preceding the latest effective date (inception date or renewal date), or in the event the Insured has been in business for less than twelve (12) months, such shorter period of time. Except as otherwise provided in this Form, all terms, provisions and conditions of the Policy shall have full force and effect.
37 Profits (Broad Form) - Actual Loss Sustained B0123 (21Jan09) Words and phrases in quotation marks have special meaning as defined in Clause 4 and Clause Insuring Agreement This Form insures against loss directly resulting from necessary interruption of business caused by all risks of direct physical loss, destruction or damage, except as hereinafter excluded, to building(s), equipment, or stock on the premises shown on the Coverage Summary. 2. Measure of Recovery This insurance is limited to the actual loss sustained by the Insured, subject to a maximum limit of $2,000,000 for loss of gross profit due to (a) reduction in turnover and (b) increase in cost of working and the amount payable shall be: (a) in respect of reduction in turnover : The sum produced by applying the rate of gross profit to the amount by which the turnover during the indemnity period shall, in consequence of the destruction or damage by a peril insured against, fall short of the standard turnover ; (b) in respect of increase in cost of working: The additional expenditure (subject to paragraph (b) of Clause 5) necessarily and reasonably incurred for the sole purpose of avoiding or diminishing the reduction in turnover which but for that expenditure would have taken place during the indemnity period in consequence of the destruction or damage by a peril insured against, but not exceeding the sum produced by applying the rate of gross profit to the amount of the reduction thereby avoided; less any sum saved during the indemnity period in respect of such of the insured standing charges as may cease or be reduced in consequence of the destruction or damage by the perils insured against; 3. Deductible The Insurer is liable for the amount by which the loss or damage caused by any of the perils insured against exceeds the amount of the deductible shown on the Coverage Summary in any one occurrence. 4. Definitions Wherever used in this Form (including endorsements or other forms attached to and forming part hereof): (a) Gross Profit means the sum produced by adding to the net profit the amount of the insured standing charges or if there is no net profit the amount of the insured standing charges less such a proportion of any net trading loss as the amount of the insured standing charges bears to all standing charges of the business. (b) Net Profit means the net trading profit (exclusive of all capital receipts and accretions and all outlay properly chargeable to capital) resulting from the business of the Insured at the premises after due provision has been made for all standing and other charges including depreciation, but before the deduction of any taxation chargeable on profits. (c) Turnover means the money paid or payable to the Insured for goods sold and delivered and for services rendered in course of the business at the premises. (d) Indemnity Period means the period beginning with the occurrence of a peril insured against and ending no later than twelve (12) months thereafter during which the results of the business shall be affected in consequence of the destruction or damage by a peril insured against. However, if media for, or programming records pertaining to, electronic data processing or electronically controlled equipment including Data thereon be lost or damaged by a peril insured against then the indemnity period in respect thereof shall not extend beyond: (i) thirty (30) consecutive days after the occurrence of such destruction or damage; or (ii) the date upon which liability ceased under this Form for loss arising from other property lost or damaged by the same occurrence; whichever shall be the later. (e) Insured Standing Charges means all standing charges are insured unless otherwise shown on the Coverage Summary in which case only those standing charges so specified are insured. The following shall in no event be deemed to be standing charges: (i) depreciation of stock; (ii) bad debts; (iii) wages and salaries other than salaries to permanent staff and wages to foremen and important employees whose services would not be dispensed with should the business be interfered with or interrupted. (f) Rate of Gross Profit means the rate of gross profit earned on the turnover during the financial year immediately before the date of the destruction or damage by perils insured against, to which such adjustments shall be made as may be necessary to provide for the trend of the business and for variations in or special circumstances affecting the business either before or after the destruction or damage by perils insured against or which would have affected the business had the destruction or damage by perils insured against not occurred, so that the figures thus adjusted shall represent as nearly as may be reasonably practicable the results which but for the destruction or damage by perils insured against would have been obtained during the relative period after the destruction or damage by perils insured against. B0123 (21Jan09) P. 1 of 7
38 4. Definitions (continued) (g) Annual Turnover means the turnover during the twelve (12) months (or a proportionately increased multiple thereof where the maximum indemnity period exceeds twelve (12) months immediately before the date of the destruction or damage by perils insured against, to which such adjustments shall be made as may be necessary to provide for the trend of the business and for variations in or special circumstances affecting the business either before or after the destruction or damage by perils insured against or which would have affected the business had the destruction or damage by perils insured against not occurred, so that the figures thus adjusted shall represent as nearly as may be reasonably practicable the results which but for the destruction or damage by perils insured against would have been obtained during the relative period after the destruction or damage by perils insured against. (h) Standard Turnover means the turnover during that period in the twelve (12) months immediately before the date of the destruction or damage by perils insured against which corresponds with the indemnity period, to which such adjustments shall be made as may be necessary to provide for the trend of the business and for variations in or special circumstances affecting the business either before or after the destruction or damage by perils insured against or which would have affected the business had the destruction or damage by perils insured against not occurred, so that the figures thus adjusted shall represent as nearly as may be reasonably practicable the results which but for the destruction or damage by perils insured against would have been obtained during the relative period after the destruction or damage by perils insured against. 5. Provisions (a) If during the indemnity period goods shall be sold or services shall be rendered elsewhere than at the premises for the benefit of the business either by the Insured or by others on his behalf the money paid or payable in respect of such sales or service shall be brought into account in arriving at the turnover during the indemnity period. (b) If any standing charges of the business be not insured by this Form, then in computing the amount recoverable hereunder as increase in cost of working, that proportion only of the additional expenditure shall be brought into account which the sum of the net profit and the insured standing charges bears to the sum of the net profit and all standing charges. (c) The Insurer shall be liable for actual loss sustained as insured hereunder during the period of time, not exceeding two (2) weeks, while access to the described premises is prohibited by order of civil authority but only when such order is given as a direct result of damage to neighboring premises by a peril insured against. The liability of the Insurer, as respects each suspension of business, shall not attach until the period of suspension exceeds forty-eight (48) hours and then the Insurer shall be liable only for the continuing period of suspension in excess of forty-eight (48) hours. (d) In case of loss or damage by a peril insured against, the insurance provided by this Form extends to insure any increase in loss resulting from, or contributed to by, the operation of any by-law, ordinance or law which regulates zoning or the demolition, repair or construction of damaged buildings or structures, but shall in no way operate to extend the indemnity period or to increase the amount of insurance. (e) On the happening of any destruction or damage by a peril insured against in consequence of which a claim is or may be made under this Form, the Insured shall with due diligence do and concur in doing and permit to be done all things which would be reasonably practicable to minimize or check any interruption of or interference with the business or to avoid or diminish the loss. 6. A. Property Excluded The Insurer is not liable for the loss of gross profit arising from loss or damage to: (a) sewers, drains or watermains located beyond the outside bearing walls or foundations of the property insured, outside communication towers, antennae (including satellite receivers) and equipment attached thereto, streetclocks, exterior signs, exterior glass or vitrolite and lettering or ornamentation thereon, but this exclusion does not apply to loss caused directly by named perils ; (b) property at locations which to the knowledge of the Insured, are vacant, unoccupied or shut down for more than thirty (30) consecutive days; (c) electrical devices, appliances or wiring caused by artificially generated electrical currents, including arcing, unless fire or explosion as described in Clause 14. (i) ensues and then only for such ensuing loss or damage; (d) growing plants, trees, shrubs or flowers, all while in the open; (e) animals, fish or birds, but this exclusion does not apply to loss caused directly by named perils or from theft or attempt thereat; (f) money, bullion, platinum and other precious metals and alloys, securities, stamps, tickets and tokens, evidence of debt or title; (g) automobiles, watercraft, amphibious or air cushion vehicles, aircraft, spacecraft, trailers, motors or other accessories attached to or mounted on such property, but this exclusion shall not apply to: (i) watercraft, amphibious or air cushion vehicles held for sale at the premises of the Insured; (ii) unlicensed automobiles or unlicensed trailers used in the business of the Insured when on the premises of the Insured; (h) furs, fur garments, jewels, jewellery, costume jewellery, watches, pearls, precious and semiprecious stones, but this exclusion does not apply to any loss caused directly by named perils ; (i) property insured under the terms of any marine insurance, and property while waterborne; B0123 (21Jan09) P. 2 of 7
39 6. A. Property Excluded (continued) (j) property illegally acquired or kept, property seized or confiscated for breach of any law or by order of any public authority; (k) (i) any pressure vessel having normal internal working pressure greater than 103 kilopascals (15 pounds per square inch) above atmospheric pressure; (ii) any boiler, including the piping and equipment connected thereto, which contains steam or water under steam pressure (except tanks having an internal diameter of 610 millimetres (24 inches) or less used for the storage of hot water for domestic use); caused directly or indirectly by explosion, rupture, bursting, cracking, burning out or bulging of such property while connected ready for use, but this exclusion does not apply to: (a) manually portable gas cylinders; (b) explosion of natural, coal or manufactured gas; (c) explosion of gas or unconsumed fuel within a furnace or within the gas passages therefrom to the atmosphere. 6. B. Perils Excluded The Insurer is not liable for the loss of gross profit arising from loss, damage or expense caused directly or indirectly: (a) by earthquake, except for ensuing loss which results directly from fire, explosion, smoke or leakage from fire protective equipment, all as described in Clause 14. (i); (b) by flood, including waves, tides, tidal waves, tsunamis, and the rising of, the breaking out or the overflow of, any body of water, whether natural or man-made, but this exclusion does not apply to ensuing loss which results directly from fire, explosion, smoke or leakage from fire protective equipment, all as described in Clause 14. (i), or from a watermain; (c) (i) by seepage, leakage or influx of water derived from natural sources through basement walls, doors, windows or other openings therein, foundations, basement floors, sidewalks, sidewalk lights, or by the backing up of sewers, sumps, septic tanks or drains, unless concurrently and directly caused by a peril not otherwise excluded in Clause 6. B., C., D. or E. hereof; (ii) by the entrance of rain, sleet or snow through doors, windows, skylights or other similar wall or roof openings unless through an aperture concurrently and directly caused by a peril not otherwise excluded in Clause 6. B., C., D. or E. hereof; (d) by centrifugal force, mechanical or electrical breakdown or derangement in or on the premises, unless fire ensues and then only for the loss caused directly by such ensuing fire; (e) by dampness or dryness of atmosphere, changes of temperature, freezing, heating, shrinkage, evaporation, loss of weight, leakage of contents, exposure to light, contamination, change in colour or texture or finish, rust or corrosion, marring, scratching, or crushing, but this exclusion does not apply to loss caused directly by named perils or rupture of pipes or breakage of apparatus not excluded under paragraph (k) of Clause 6. A. hereof, theft or attempt thereat. Damage to pipes caused by freezing is insured provided such pipes are not excluded in paragraph (k) of Clause 6. A. hereof; (f) by smoke from agricultural smudging or industrial operations; (g) by rodents, insects or vermin, but this exclusion does not apply to loss caused directly by a peril not otherwise excluded in Clause 6. B., C., D. or E. hereof; (h) by war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military power; (i) (a) by any nuclear incident (as defined in the Nuclear Liability Act or any other nuclear liability act, law or statute, or any law amendatory thereof) or nuclear explosion, except for ensuing loss or damage which results directly from fire, lightning or explosion of natural, coal or manufactured gas; (b) by contamination by radioactive material; (j) (i) by or resulting from misappropriation, secretion, conversion, infidelity or any dishonest act on the part of the Insured or other party of interest, the employees or agents of the Insured or any person or persons to whom the property may be entrusted (bailees for hire excepted); (ii) by voluntary parting of ownership or title by the Insured to any party whether from a legal or illegal transaction; (iii) by loss or shortage disclosed on taking inventory, or any mysterious disappearance. (k) to building(s) by: (i) snowslide, landslide, subsidence or other earth movement, except for ensuing loss which results directly from fire, explosion, smoke or leakage from fire protective equipment, all as described in Clause 14. (i); (ii) explosion (except with respect to explosion of natural, coal or manufactured gas), collapse, rupture, bursting, cracking, burning out or bulging of the following property owned, operated or controlled by the Insured, unless fire ensues and then only for the loss caused directly by such ensuing fire: (a) the portions containing steam or water under steam pressure of all boilers generating steam, and piping or other equipment connected to said boilers and containing steam or water under steam pressure; (b) piping and apparatus or parts thereof normally containing steam or water under steam pressure from an external source and while under such pressure; B0123 (21Jan09) P. 3 of 7
40 6. B. Perils Excluded (continued) (c) other vessels and apparatus and pipes connected therewith while under pressure, or while in use or in operation provided their maximum normal internal working pressure exceeds 103 kilopascals (15 pounds per square inch) above atmospheric pressure but this exclusion does not apply to loss resulting from the explosion of manually portable gas cylinders or of tanks having an internal diameter of 610 millimetres (24 inches) or less used for the heating and storage of hot water for domestic use; (d) moving or rotating machinery or parts thereof; (e) any vessels and apparatus and pipes connected therewith while undergoing pressure test but this exclusion does not apply to other property insured hereunder that has been damaged by such explosion; (f) gas turbines; (iii) settling, expansion, contraction, moving, shifting or cracking unless concurrently and directly caused by a peril not (l) otherwise excluded in Clause 6. B., C., D. or E. hereof; by wear and tear, gradual deterioration, latent defect, inherent vice, or the cost of making good faulty or improper material, faulty or improper workmanship, faulty or improper design, provided, however, to the extent otherwise insured and not otherwise excluded under this Form, loss from resultant damage to the property is insured; (m) by loss of or damage sustained to equipment or stock while actually being worked upon and directly resulting there from or caused by any repairing, adjusting or servicing of equipment or stock, unless fire or explosion as described in Clause 14. (i) ensues and then only for the loss caused by such ensuing fire or explosion. (n) by loss due to fines or damages for breach of contract or for any penalties of whatever nature. 6. C. Pollution Excluded This Form does not insure against: (a) loss or damage caused directly or indirectly by any actual or alleged spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of pollutants, nor the cost or expense of any resulting clean up, but this exclusion does not apply: (i) if the spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of pollutants is the direct result of a peril not otherwise excluded under this Form; (ii) to loss or damage caused directly by a peril not otherwise excluded under this Form; (b) cost or expense for any testing, monitoring, evaluating or assessing of an actual, alleged, potential or threatened spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of pollutants. 6. D. Data Excluded Subject to (a) and (b) following, the Insurer shall not be liable for loss of gross profit directly or indirectly caused by Data problem. (a) If Data problem results in direct physical loss of or damage to property at the premises caused by: (i) fire; (ii) explosion; (iii) smoke; (iv) leakage from fire protective equipment; (v) escape of water from any tank, apparatus or pipe; all as described in Clause 14. (i) Named Perils, this exclusion shall not apply to resulting loss of gross profit suffered through such resulting loss or damage. (b) If Data problem is the direct result of: (i) fire; (ii) lightning; (iii) explosion; (iv) impact by aircraft, spacecraft or land vehicle; (v) smoke; (vi) leakage from fire protective equipment; (vii) windstorm or hail; (viii) escape of water from any tank, apparatus or pipe; all as described in Clause 14. (i) Named Perils, at the premises this exclusion shall not apply. 6. E. Fungi and Fungal Derivatives Excluded This Insurer is not liable for loss of gross profit resulting from: (a) loss or damage consisting of or caused directly or indirectly, in whole or in part, by any fungi or spores unless such fungi or spores are directly caused by or directly result from a peril otherwise insured and not otherwise excluded by this Form; (b) the cost or expense for any testing, monitoring, evaluating or assessing of fungi or spores. B0123 (21Jan09) P. 4 of 7
41 7. Permission Permission is hereby granted: (a) for other insurance concurrent with this Form; (b) to make additions, alterations or repairs; (c) to do such work and to keep and use such articles, materials, and supplies in such quantities as are usual or necessary to the Insured s business. 8. Breach of Conditions Where a loss occurs and there has been a breach of condition relating to a matter before the happening of the loss, which breach would otherwise disentitle the Insured from recovery under this Form, the breach shall not disentitle the Insured from recovery if the Insured establishes that the loss was not caused or contributed to by the breach of condition or if the breach of condition occurred in any portion of the premises over which the Insured has no control. 9. Reinstatement of Limit After Loss Loss under any item of this Form shall not reduce the applicable amount of insurance unless an aggregate limit per policy period is stated to apply in the Coverage Summary or in any endorsement. 10. Subrogation The Insurer, upon making any payment or assuming liability therefor under this Form, shall be subrogated to all rights of recovery of the Insured against others and may bring action to enforce such rights. Notwithstanding the foregoing, all rights of subrogation are hereby waived against any corporation, firm, individual or other interest with respect to which insurance is provided by this Form. Where the net amount recovered, after deducting the costs of recovery, is not sufficient to provide a complete indemnity for the loss or damage suffered, that amount shall be divided between the Insurer and the Insured in the proportion in which the loss or damage has been borne by them respectively. Any release from liability entered into by the Insured prior to loss shall not affect the right of the Insured to recover. 11. Additional Interests Where this insurance applies to the property of more than one person or interest, the Insurer s total liability for loss sustained by all such persons and interests shall be limited in the aggregate to the amount or amounts of insurance shown on the Coverage Summary. 12. Property Protection Systems It is agreed that the Insured shall notify forthwith the Insurer of any interruption to, or flaw or defect, coming to the knowledge of the Insured, in any: (a) sprinkler or other fire extinguishing system; or (b) fire detection system; or (c) intrusion detection system; and shall also notify forthwith the Insurer of the cancellation or non-renewal of any contract which provides monitoring or maintenance services to any of these systems or of the notification of the suspension of police service in response to any of these systems. 13. Verification of Values The Insurer or its duly appointed representative shall be permitted at all reasonable times during the term of this Policy, or within a year after termination or expiration, to inspect the property insured and to examine the Insured s books, records and such policies as relate to any property insured hereunder. Such inspection or examination shall not waive nor in any manner affect any of the terms or conditions of this Form. 14. Additional Definitions Wherever used in this Form (including endorsements or other forms attached to and forming part hereof): (a) Building means the building(s) shown on the Coverage Summary and includes: (i) fixed structures pertaining to the building(s) and located on the premises ; (ii) additions and extensions communicating and in contact with the building(s); (iii) permanent fittings and fixtures attached to and forming part of the building(s); (iv) materials, equipment and supplies on the premises for maintenance of, and normal repairs and minor alterations to the building or premises or for building services; (v) growing plants, trees, shrubs or flowers inside the building used for decorative purposes when the Insured is the owner of the building. (b) Clean up means the removal, containment, treatment, decontamination, detoxification, stabilization, neutralization or remediation of pollutants, including testing which is integral to the aforementioned processes. (c) Coverage Summary means the coverage summary applicable to this Form. (d) Data means representations of information or concepts, in any form. B0123 (21Jan09) P. 5 of 7
42 14. Additional Definitions (continued) (e) Data problem means: (i) erasure, destruction, corruption, misappropriation, misinterpretation of Data ; (ii) error in creating, amending, entering, deleting or using Data ; or (iii) inability to receive, transmit or use Data. (f) Equipment means: (i) generally all contents usual to the Insured s business including furniture, furnishings, fittings, fixtures, machinery, tools, utensils and appliances other than building or stock as herein defined while located on the premises unless otherwise stated; (ii) similar property belonging to others which the Insured is under obligation to keep insured or for which he is legally liable while located on the premises unless otherwise stated; (iii) tenant s improvements which are defined as building improvements, alterations and betterments made at the expense of the Insured to a building occupied by the Insured and which are not otherwise insured, provided the Insured is not the owner of such building. If the Insured purchased the use interest in tenant s improvements made by a predecessor tenant, this Form applies as though such tenant s improvements had been made at the expense of the Insured. (g) Fire Protective Equipment includes tanks, watermains, hydrants, valves and any other equipment whether used solely for fire protection or jointly for fire protection and for other purposes, but does not include: (i) branch piping from a joint system where such branches are used entirely for purposes other than fire protection; (ii) any watermains or appurtenances located outside of the described premises and forming a part of the public water distribution system; (iii) any pond or reservoir in which the water is impounded by a dam. (h) Fungi includes, but is not limited to, any form or type of mould, yeast, mushroom or mildew whether or not allergenic, pathogenic or toxigenic, and any substance, vapour or gas produced by, emitted from or arising out of any fungi or spores or resultant mycotoxins, allergens, or pathogens. (i) Named Perils means: (1) Fire or Lightning. (2) Explosion: However, except with respect to explosion of natural, coal or manufactured gas, there shall in no event be any liability hereunder for loss or damage caused by explosion, rupture or bursting in or of the following property owned, operated or controlled by the Insured: (i) (a) the portions containing steam or water under steam pressure of all boilers generating steam, and piping or other equipment connected to said boilers and containing steam or water under steam pressure; (b) piping and apparatus or parts thereof normally containing steam or water under steam pressure from an external source and while under such pressure; (c) the combustion chambers or fire boxes of steam generating boilers of the chemical recovery type and the flues or passages which conduct the gases of combustion therefrom; (d) smelt dissolving tanks; (ii) other vessels and apparatus, and pipes connected therewith, while under pressure, or while in use or in operation, provided their maximum normal internal working pressure exceeds 103 kilopascals (15 pounds per square inch) above atmospheric pressure except that liability is specifically assumed for loss or damage resulting from the explosion of manually portable gas cylinders; (iii) moving or rotating machinery or parts of same when such loss or damage is caused by centrifugal force or mechanical breakdown; (iv) any vessels and apparatus and pipes connected therewith while undergoing pressure tests, but this exclusion shall not apply to other property insured hereunder that has been damaged by such explosion; (v) gas turbines. The following are not explosions within the intent or meaning of this clause: (a) electric arcing or any coincident rupture of electrical equipment due to such arcing; (b) bursting or rupture caused by hydrostatic pressure or freezing; (c) bursting or rupture of any safety disc, rupture diaphragm or fusible plug. (3) Impact by Aircraft, Spacecraft or Land Vehicle: The terms aircraft and spacecraft include articles dropped therefrom. There shall in no event be any liability hereunder due to cumulative damage or for loss or damage: (i) caused by land vehicles belonging to or under the control of the Insured or any of his employees; (ii) to aircraft, spacecraft or land vehicles causing the loss; (iii) caused by any aircraft or spacecraft when being taxied or moved inside or outside of buildings ; (4) Riot, Vandalism or Malicious Acts: the term riot includes open assemblies of strikers inside or outside the premises who have stopped work and of locked-out employees. There shall in no event be any liability hereunder for loss or damage: (i) due to cessation of work or by interruption to process or business operations or by change(s) in temperature; (ii) due to flood or release of water impounded by a dam, or due to any explosion other than an explosion in respect of which there is insurance under clause 14. (i)(2); (iii) due to theft or attempt thereat. B0123 (21Jan09) P. 6 of 7
43 14. Additional Definitions (continued) (5) Smoke: The term smoke means smoke due to a sudden, unusual and faulty operation of any stationary furnace. There shall in no event be any liability hereunder for any cumulative damage. (6) Leakage from Fire Protective Equipment : The term leakage from fire protective equipment means the leakage or discharge of water or other substance from within the equipment used for fire protection purposes for the premises shown on the Coverage Summary or for adjoining premises and loss or damage caused by the fall or breakage or freezing of such equipment. (7) Windstorm or Hail: There shall in no event be any liability hereunder for loss or damage: (i) to the interior of the buildings insured or their contents unless damage occurs concurrently with and results from an aperture caused by windstorm or hail; (ii) directly or indirectly caused by any of the following, whether driven by wind or due to windstorm or not, snow load, ice load, tidal wave, high water, overflow, flood, waterborne objects, waves, ice, land, subsidence, land slip. (8) Escape of water from any tank, apparatus or pipe. (j) Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including odour, vapour, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. (k) Premises means the entire area within the property lines at the locations shown on the Coverage Summary and areas under adjoining sidewalks and driveways. (l) Spores includes, but is not limited to, one or more reproductive particles or microscopic fragments produced by, emitted from or arising out of any fungi. (m) Stock means: (i) merchandise of every description usual to the Insured s business; (ii) packing, wrapping and advertising materials; and (iii) similar property belonging to others which the Insured is under obligation to keep insured for which he is legally liable. B0123 (21Jan09) P. 7 of 7
44 Off-Premises Utility Extension No. 2 E0169 (Rev. 08Dec05) Applicable only to the coverages which are shown to be subject to this extension on the Coverage Summary. This insurance is extended to include physical loss of or damage caused directly to property that is located within 1 kilometre of the premises, by a Peril Insured under the Business Income provided by this policy. Such property must be used to generate or supply services to the premises. This extension only applies to loss of Business Income as insured under this policy due to service interruption. The Insurer shall be liable only for the continuing period of interruption of services in excess of the first 48 hours, subject to a maximum limit of liability not to exceed the limit of insurance shown on the Coverage Summary. This extension does not cover loss directly or indirectly arising from: (i) loss of or damage to electrical transmission lines or distribution lines or their supporting structures; (ii) loss of or reduction of services due to lack of sufficient capacity; or (iii) an intentional reduction in the supply of services. As used in this extension: services means electricity, water, gas or steam. service interruption means loss of services for a period exceeding 48 consecutive hours. business income means Gross Rentals, Gross Profit, Gross Rent and Rental Value, Gross Earnings, Earnings as described in the Form(s) on the Policy. Except as otherwise provided in this Form, all terms, provisions and conditions of the Policy shall have full force and effect.
45 Professional Fees Extension E0173 (Rev. 07Jul02) Applicable only to those coverages which are shown to be subject to this extension on the Coverage Summary. Subject to the limit of the amount shown on the Coverage Summary in any one occurrence, this insurance is extended to pay reasonable fees to auditors, accountants, architects, engineers or other specialists, excluding public adjusters, for producing and certifying particulars or details of the Insured s business required by the Insurer in order to arrive at the amount of the loss payable under this insurance in the event of a claim. This Form applies only to fees incurred in establishing the quantum of a loss, liability for which is otherwise accepted by the Insurer. Except as otherwise provided in this Form, all terms, provisions and conditions of the Policy shall have full force and effect.
46 Computer Protection Small Business (Broad Form) B0048 (Rev. 15Apr07) Words and phrases in quotation marks have special meaning as defined in Clause Insuring Agreement In the event that any of the property insured be lost, destroyed or damaged by a peril insured against, the Insurer will pay the Insured to an amount not exceeding the amount of insurance shown on the Coverage Summary in respect of the property lost or damaged. Provided, however, that where the insurance applies to the property of more than one person or interest, the Insurer s total liability for loss sustained by all such persons and interests shall be limited in the aggregate to the amount or amounts of insurance shown on the Coverage Summary. 2. Coverage and Property Insured Coverage A. Electronic Hardware, including data processing equipment and components, connections, extensions and systems and Electronic Media as defined under Clause 13.(e) owned by or leased to or under the control of the Insured or for which the Insured is liable, all as shown on the Coverage Summary. Coverage B. Data as defined under Clause 13.(b) subject to an amount equal to 15% of the amount of insurance shown on the Coverage Summary with respect to Coverage A. Electronic Hardware, or the amount shown on the Coverage Summary if greater. Coverage C. Extra Expense necessarily incurred by the Insured in order to continue normal operations which are interrupted as a result of a loss insured by this Form at the location(s) shown on the Coverage Summary, subject to an amount equal to 15% of the amount of insurance shown on the Coverage Summary with respect to Coverage A. Electronic Hardware, or the amount shown on the Coverage Summary if greater. 3. Deductible For each covered loss from any one occurrence to property insured by this Form, a sum equal to the amount shown on the Coverage Summary shall be deducted from each and every loss. In the event of any recovery or salvage on a loss which has been paid hereunder, such recovery or salvage shall accrue entirely to the benefit of the Insurer until the sum paid by the Insurer has been recovered. 4. Perils Insured This Form insures against all risks of direct physical loss of or damage to the property covered at the location(s) shown in the Coverage Summary or while the property is in transit within the territorial limits of Canada and the United States of America (subject to the limit shown on the Coverage Summary ) except as hereinafter provided. 5. A. Property Excluded This Form does not insure the following types of property: (a) accounts, bills, evidence of debt, valuable papers, records, abstracts, deeds, manuscripts or other documents except as they may be converted to electronic form and then only in that form; (b) property rented or leased to others while away from the premises of the Insured; (c) any Electronic Media which cannot be replaced with others of the same kind and quality unless specifically described and insured for an agreed value; (d) property at locations which to the knowledge of the Insured are vacant, unoccupied or shut down for more than thirty (30) consecutive days; (e) property illegally acquired, kept, stored, or transported; property seized or confiscated for breach of any law or by order of any public authority; (f) mobile personal computing devices, including but not limited to laptops, notebooks and personal digital assistants (PDA), but this exclusion shall not apply to property while at the premises shown on the Coverage Summary. 5. B. Perils Excluded This Form does not insure against loss, damage or expense directly or indirectly caused by or resulting from: (a) by centrifugal force, mechanical or electrical breakdown or derangement in or on the premises, unless fire ensues and then only for the loss or damage caused directly by such ensuing fire; (b) short circuit, blow out or other electrical disturbance, other than lightning, within electrical apparatus, unless fire or explosion ensues and then only for loss, damage or expense caused by such ensuing fire or explosion ; (c) insects, vermin, rodents, latent defect, inherent vice, wear and tear, gradual deterioration or depreciation; (d) (i) misappropriation, secretion, conversion, infidelity or any dishonest act on the part of the Insured or other party of interest, the employees or agents of the Insured or any person or persons to whom the property may be entrusted (bailees for hire excepted); (ii) voluntary parting of ownership or title by the Insured to any party whether from a legal or illegal transaction; (iii) loss or shortage disclosed on taking inventory, or any mysterious disappearance; (e) actual work upon the property covered, unless fire or explosion ensues, and then only for loss, damage or expense caused by such ensuing fire or explosion ; B0048 (Rev. 15Apr07) P. 1 of 5
47 5. B. Perils Excluded (continued) (f) delay, loss of market, loss of use, or indirect or consequential loss of any kind except as may be insured under Clause 6.(a); (g) war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military power; (h) (i) any nuclear incident as defined in the Nuclear Liability Act or any other nuclear liability act, law or statute, or any law amendatory thereof or nuclear explosion, except for ensuing loss or damage which results directly from fire, lightning or explosion of natural, coal or manufactured gas; (ii) contamination by radioactive material; (i) loss or damage caused by theft (including attempted theft) from any vehicle, while such vehicle is unattended, unless the property is contained in a fully enclosed and securely locked body or compartment and theft results from forcible entry, evidenced by visible marks. This exclusion shall not apply to property in the custody of carriers for hire. Nor, with respect to Extra Expense does this Form insure against loss, damage or expense directly or indirectly caused by or resulting from: (a) loss of profits or earnings; (b) error or omission in machine programming or instructions to machine; (c) any local or provincial ordinance or law regulating construction or repair of buildings or property; (d) any suspension, lapse or cancellation of any lease, license, contract or order; (e) interference at premises by strikers or other persons with repairing or replacing the property damaged or destroyed, or with the resumption or continuation of the Insured s occupancy. 5. C. Pollution Excluded This Form does not insure against: (a) loss or damage caused directly or indirectly by any actual or alleged spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of pollutants, nor the cost or expense of any resulting clean up, but this exclusion does not apply: (i) if the spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of pollutants is the direct result of a peril not otherwise excluded under this Form; (ii) to loss or damage caused directly by a peril not otherwise excluded under this Form; (b) cost or expense for any testing, monitoring, evaluating or assessing of an actual, alleged, potential or threatened spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of pollutants. 5. D. Data Excluded 1. With respect to Clause 2. Coverage A and Coverage B the following will apply: (i) This Form does not insure loss or damage caused directly or indirectly by Data problem. However, if loss or damage caused by Data problem results in the occurrence of further loss of or damage to property insured that is directly caused by: (i) fire; (ii) explosion ; (iii) smoke ; (iv) leakage from fire protective equipment ; (v) escape of water from any tank, apparatus or pipe; all as described in Clause 13. Definitions, this exclusion shall not apply to such resulting loss or damage. 2. With respect to Clause 2. Coverage C the following will apply: Subject to a) and b) following, the Insurer shall not be liable for loss of Extra Expense directly or indirectly caused by Data problem. a) If Data problem results in direct physical loss of or damage to property at the premises caused by: (i) fire; (ii) explosion ; (iii) smoke ; (iv) leakage from fire protective equipment ; (v) escape of water from any tank, apparatus or pipe; as described in Clause 13. Definitions, this exclusion shall not apply to resulting loss of Extra Expense suffered through such resulting loss or damage. b) If Data problem is the direct result of: (i) fire; (ii) explosion ; (iii) smoke ; (iv) leakage from fire protective equipment ; (v) windstorm or hail; B0048 (Rev. 15Apr07) P. 2 of 5
48 5. D. Data Excluded (continued) (vi) flood (vii) earthquake ; (viii) escape of water from any tank, apparatus or pipe; as described in Clause 13. Definitions, at the premises this exclusion shall not apply. 6. Extensions of Coverage (a) Additional Property: Insurance is also provided for up to fifty thousand ($50,000) dollars on additional property. This extension of coverage applies only for sixty (60) days unless reported to the Insurer. Additional premium is payable as of the acquisition date of the property. (b) New Location Property: Insurance is also provided automatically to any of the property that is moved to a new location for up to fifty thousand ($50,000) dollars at any one location. This extension of coverage applies only for sixty (60) days unless reported to the Insurer. (c) Property Removal: Such insurance as is afforded by this Form applies while the property insured is being removed to and while at a place of safety because of imminent danger of loss, damage or expense and while being returned from such place, provided the Insured gives written notice to this Insurer of such removal within ten days thereafter. (d) Debris Removal Expense: The Insurer will pay the Insured for expenses incurred in the removal from the Insured s premises of debris of the property insured, occasioned by loss or damage to such property, for which loss or damage insurance is afforded under this Form. The amount payable under this extension shall not exceed 25% of the total amount payable for the direct physical loss to property insured plus the amount of the applicable deductible. (e) Removal of Windstorm Debris: The Insurer will pay the Insured for expenses incurred in the removal of debris of other property which is not insured by this Form but which has been blown by windstorm upon a location shown on the Coverage Summary. Extensions of coverage (b) and (c) do not apply to costs or expenses: (a) to clean up pollutants from land or water; or (b) for testing, monitoring, evaluating or assessing of an actual, alleged, potential, or threatened spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of pollutants. Debris removal expense shall not be considered in the determination of actual cash value for the purpose of applying the coinsurance clause. 7. Valuations Coverage A. Electronic Hardware: Unless Replacement Cost is shown on the Coverage Summary, the limit of this Insurer s liability for loss or damage shall not exceed the Actual Cash Value of such property insured. (a) Actual Cash Value: The Insurer shall not be liable beyond the actual cash value of the property at the time any loss or damage occurs and the loss or damage shall be ascertained or estimated according to such actual value with proper deduction for depreciation, however caused, and shall in no event exceed what it would then cost to repair or replace the same with material of like kind and quality, nor the limit shown on the Coverage Summary. (b) Replacement Cost: The Insurer shall not be liable beyond the replacement cost of the property at the time any loss or damage occurs and the loss or damage shall be ascertained or estimated on the basis of the replacement cost of property similar in kind to that insured at the place of and immediately preceding the time of such loss or damage, but in no event to exceed the limit shown on the Coverage Summary. Failing compliance by the Insured, settlement shall be made as if this clause had not been in effect. (c) Co-insurance: The Insurer shall be liable in the event of loss for no greater proportion of the loss than the amount hereby insured bears to the co-insurance percentage (shown on the Coverage Summary ) of the actual cash value or replacement cost (if Replacement Cost is shown on the Coverage Summary ) of all the property insured hereunder at the time such loss occurs. (d) Difference in Coverage Conditions: If the Electronic Hardware is rented to the Insured, coverage shall be for the Difference in Conditions between the protection afforded by the lessor under the hold harmless provisions of the rental agreement and the coverages provided under this Form. (e) Electronic Media : The limit of this Insurer s liability for loss or damage shall not exceed the actual reproduction cost of the property, if not replaced or reproduced, blank value of Electronic Media, subject to the application limit shown on the Coverage Summary. Coverage B. Data : The liability of the Insurer for loss of or damage to Data shall not exceed the cost of reproducing such Data, all subject to the applicable limit shown on the Coverage Summary. Coverage C. Extra Expense : If the property insured hereunder is destroyed or so damaged by the perils insured against occurring during the term of this policy so as to necessitate the incurrence of Extra Expense this Insurer shall be liable for the Extra Expense so incurred commencing with the date of damage or destruction and not limited by the expiration of this policy, as would be required through the exercise of due diligence and dispatch to rebuild, repair or replace such property insured but in no event to exceed the limit as shown on the Coverage Summary. B0048 (Rev. 15Apr07) P. 3 of 5
49 7. Valuations (continued) However, if media for, or programming records pertaining to, electronic data processing or electronically controlled equipment including data thereon be lost or damaged by a peril insured against then coverage in respect thereof shall not extend beyond: (i) 30 consecutive days after the occurrence of such damage or destruction; or (ii) the date upon which liability ceases under this Form for loss arising from other property lost or damaged by the same occurrence; whichever shall be the later. 8. Reinstatement of Limit After Loss Loss under any item of this Form shall not reduce the applicable amount of insurance unless an aggregate limit per policy period is stated to apply in the Coverage Summary or in any endorsement. 9. Breach of Conditions Where a loss occurs and there has been a breach of conditions relating to a matter before the happening of the loss, which breach would otherwise disentitle the insured from recovery under this Form, the breach shall not disentitle the Insured from recovery if the Insured establishes that the loss was not caused or contributed to by a breach of condition or if the breach of condition occurred in any portion of the premises over which the Insured has no control. 10. Subrogation The Insurer, upon making any payment or assuming liability therefor under this Form, shall be subrogated to all rights of recovery of the Insured against others and may bring action to enforce such rights. Notwithstanding the foregoing, all rights of subrogation are hereby waived against any corporation, firm, individual or other interest with respect to which insurance is provided by this Form. Where the net amount recovered, after deducting the costs of recovery, is not sufficient to provide a complete indemnity for the loss or damage suffered, that amount shall be divided between the Insurer and the Insured in the proportion in which the loss or damage has been borne by them respectively. Any release from liability entered into by the Insured prior to loss shall not affect the right of the Insured to recover. 11. Property Protection Systems The Insured shall notify forthwith the Insurer of any interruption to, or flaw or defect, coming to the knowledge of the Insured, in any: (a) sprinkler or other fire extinguishing system; or (b) fire detection system; or (c) intrusion detection system. 12. Other Insurance The insurer is not liable: (a) for more than the portion of any loss or damage covered by this Form which the applicable limit of this Form bears to the total amount of insurance covering against the peril of fire, irrespective of whether or not such other insurance gives insurance in respect of the perils covered by this Form whether by endorsement thereto or otherwise; (b) where such other insurance does not insure against loss or damage by fire, for more than the excess (if any) of any loss or damage over the applicable limit of any other insurance which would attach if this insurance had not been effected. 13. Definitions Wherever used in this Form (including endorsements or other forms attached to and forming part hereof): (a) Clean up means the removal, containment, treatment, decontamination, detoxification, stabilization, neutralization or remediation of pollutants, including testing which is integral to the aforementioned processes. (b) Data means representations of information or concepts, in any form. (c) Data problem means: (i) erasure, destruction, corruption, misappropriation, misinterpretation of Data ; (ii) error in creating, amending, entering, deleting or using Data ; or (iii) inability to receive, transmit or use Data. (d) Earthquake. For the purpose of this Form, earthquake shall include snowslide, landslide or other earth movements occurring concurrently with and directly resulting from an earthquake shock. (e) Electronic Media means: Data storage devices and programme devices for electronic and electro-mechanical data processing or for electronically controlled equipment. B0048 (Rev. 15Apr07) P. 4 of 5
50 13. Definitions (continued) (f) Explosion means explosion: However, except with respect to explosion of natural, coal or manufactured gas, there shall in no event be any liability hereunder for loss or damage caused by explosion, rupture or bursting in or of the following property owned, operated or controlled by the Insured: (i) a) the portions containing steam or water under steam pressure of all boilers generating steam, and piping or other equipment connected to said boilers and containing steam or water under steam pressure; b) piping and apparatus or parts thereof normally containing steam or water under steam pressure from an external source and while under such pressure; c) the combustion chambers or fire boxes of steam generating boilers of the chemical recovery type and the flues or passages which conduct the gases of combustion therefrom; d) smelt dissolving tanks; (ii) other vessels and apparatus, and pipes connected therewith, while under pressure, or while in use or in operation, provided their maximum normal internal working pressure exceeds 103 kilopascals (15 pounds per square inch) above atmospheric pressure except that liability is specifically assumed for loss or damage resulting from the explosion of manually portable gas cylinders; (iii) moving or rotating machinery or parts of same when such loss or damage is caused by centrifugal force or mechanical breakdown; (iv) any vessels and apparatus and pipes connected therewith while undergoing pressure tests, but this exclusion shall not apply to other property insured hereunder that has been damaged by such explosion; (v) gas turbines. The following are not explosions within the intent or meaning of this clause: a) electric arcing or any coincident rupture of electrical equipment due to such arcing; b) bursting or rupture caused by hydrostatic pressure or freezing; c) bursting or rupture of any safety disc, rupture diaphragm or fusible plug. (g) Extra Expense means the excess of the total cost during the period of restoration of the operation of the business over and above the total cost of such operation that would normally have been incurred during the same period had no loss occurred. Any salvage value of property so acquired which may be sold or utilized by the Insured upon resumption of normal operations, shall be taken into consideration in the adjustment of any loss hereunder. (h) Flood. For the purpose of this Form, flood shall mean the rising of, the breaking out or the overflow of any body of water whether natural or man-made and includes waves, tides, tidal waves and tsunamis. (i) Impact by aircraft, spacecraft or land vehicles: the terms aircraft and spacecraft include articles dropped therefrom. There shall in no event be any liability hereunder due to cumulative damage or for loss or damage: (i) caused by land vehicles belonging to or under the control of the Insured or any of his employees; (ii) to aircraft, spacecraft or land vehicles causing the loss; (iii) caused by any aircraft or spacecraft when being taxied or moved inside or outside of buildings. (j) Leakage from fire protective equipment. The term leakage from fire protective equipment means the leakage or discharge of water or other substance from within the equipment used for fire protection purposes for the premises shown on the Coverage Summary or for adjoining premises and loss or damage caused by the fall or breakage or freezing of such equipment. (k) Pollutants means any solid, liquid, gasesous or thermal irritant or contaminant, including odour, vapour, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. (l) Premises means the interior of that portion of the building at the location shown on the Coverage Summary which is occupied by the Insured for the business or profession stated therein. (m) Smoke. The term smoke means smoke due to a sudden, unusual and faulty operation of any stationary furnace. There shall in no event be any liability hereunder for any cumulative damage. (n) Windstorm or hail. B0048 (Rev. 15Apr07) P. 5 of 5
51 Computer Protection Small Business - Systems Breakdown Extension E0050 (Rev. 07Jul02) Attached to and forming part of the Computer Protection Small Business Form. This insurance is extended as follows: The Computer Protection Small Business Form is extended to provide systems breakdown coverage, as described below, subject to the limit shown on the Coverage Summary : 1. Systems Breakdown Deductible: Each and every loss caused by a peril insured under this Form shall be adjusted separately and from the amount of each such loss the sum shown for this item on the Coverage Summary shall be deducted. This deductible does not apply to loss caused by lightning. 2. Additional Perils Insured: This Insurer agrees to insure against loss, damage, or expense resulting from or caused by: (a) Mechanical breakdown or machinery breakdown; (b) Short circuit, blow out, or other electrical disturbance; (c) Faulty construction, error in design, or actual work upon property covered (this coverage does not apply to data). Except as otherwise provided in this Form, all terms, provisions and conditions of the Policy shall have full force and effect.
52 Fine Arts B0053 (Rev. 08Dec05) Words and phrases in quotation marks have special meaning as defined in Clause Insuring Agreement This Form insures against all risks of direct physical loss of or damage to fine arts for an amount not to exceed the limit shown on the Coverage Summary. 2. TerrItorial Limits Coverage is provided: (i) while the property is on the premises at the location(s) shown on the Coverage Summary ; (ii) while in transit between the specified locations insured under this Form; (iii) elsewhere within the territorial limits of Canada and the United States of America (excluding the premises of fairgrounds or of any national or international exposition unless endorsed hereon) for 10% of the aggregate amount of the total amount insured hereunder. 3. Additional Acquisitions This Form covers additional items of fine arts acquired subsequent to attachment date of this Policy. The Insured agrees to report such additional items within ninety (90) days of the date of acquisition and to pay premium thereon from said date at pro rata of the rate applying. This cover shall cease if such additional items are not reported to the Insurer within the ninety (90) day period. The Insurer shall not be liable under this provision with respect to any one loss, disaster or casualty, for more than the actual cash value of such additional items, and in no event for more than 25% of the total amount of the property insured under this Form at the time of the loss, exclusive of this provision. 4. Deductible The Insurer is liable for the amount by which the loss or damage caused by any of the perils insured against exceeds the amount of the deductible shown on the Coverage Summary. 5. Valuation For the purposes of this insurance the property insured shall be valued as follows: (a) property of the Insured shall be valued at and insured for the amounts shown opposite each item on any schedule shown on the Coverage Summary or on file with the Insurer at the attachment date of this Policy. (b) property of others in the custody or control of the Insured shall be valued at and insured for the amounts agreed upon by the Insured and the owner prior to loss. In the absence of any such agreement the Insurer shall not be liable for more than the actual cash value of the property at the time of any loss or damage but in no event shall exceed what it would then cost to repair or replace the property with material of like kind and quality. 6. Property Excluded This Form does not insure loss of or damage to: (a) jewellery, gold, watches, diamonds or precious metals, money including numismatic property or stamps including philatelic property; (b) property at locations which to the knowledge of the Insured are vacant, unoccupied or shut down for more than thirty (30) consecutive days; (c) property illegally acquired, kept, stored or transported; property seized or confiscated for breach of any law or by order of any public authority. 7. A. Perils Excluded This Form does not insure: (a) wear and tear, gradual deterioration, latent defect or inherent vice; (b) loss or damage caused by rodents, insects, or vermin; (c) loss or damage sustained while the property is actually being worked upon and directly resulting therefrom or caused by any repairing, restoring or retouching of the property insured, unless fire or explosion, as described in Clause 13 (e) ensues and then only for the damage caused by such ensuing fire or explosion; (d) loss or damage caused by delay, loss of market or loss of use; (e) (i) loss or damage or expense caused by or resulting from misappropriation, secretion, conversion, infidelity or any dishonest act on the part of the Insured or other party of interest, the employees or agents of the Insured or any person or persons to whom the property may be entrusted (bailees for hire excepted); (ii) voluntary parting of ownership or title by the Insured to any party whether from a legal or illegal transaction; (iii) loss or shortage disclosed on taking inventory, or any mysterious disappearance. B0053 (Rev. 08Dec05) P. 1 of 4
53 7. A. Perils Excluded (continued) (f) breakage of glassware, statuary, marbles, bric-a-brac, porcelains and other fragile articles unless caused by earthquake, flood, named perils or by accident to carrying conveyance or by theft or attempt thereat; (g) loss, destruction or damage caused directly or indirectly: (i) by war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military power; (ii) by any nuclear incident as defined in the Nuclear Liability Act or any other nuclear liability act, law or statute, or any law amendatory thereof or nuclear explosion, except for ensuing loss or damage which results directly from fire, lightning or explosion of natural, coal or manufactured gas; (iii) by contamination by radioactive material; (h) theft from an unattended automobile, unless the Insured property is in the custody of a common carrier. 7. B. Pollution Excluded This Form does not insure against: (a) loss or damage caused directly or indirectly by any actual or alleged spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of pollutants, nor the cost or expense of any resulting clean up, but this exclusion does not apply: (i) if the spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of pollutants is the direct result of a peril not otherwise excluded under this Form; (ii) to loss or damage caused directly by a peril not otherwise excluded under this Form; (b) cost or expense for any testing, monitoring, evaluating or assessing of an actual, alleged, potential or threatened spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of pollutants. 8. Packing Condition It is warranted by the Insured that the property hereunder is packed and unpacked by competent packers. 9. Breach of Conditions Where a loss occurs and there has been a breach of condition relating to a matter before the happening of the loss, which breach would otherwise disentitle the Insured from recovery under this Form, the breach shall not disentitle the Insured from recovery if the Insured establishes that the loss was not caused or contributed to by the breach of condition or if the breach of condition occurred in any portion of the premises over which the Insured has no control. 10. Reinstatement of Limit After Loss Loss under any item of this Form shall not reduce the applicable amount of insurance unless an aggregate limit per policy period is stated to apply in the Coverage Summary or in any endorsement. 11. Subrogation The Insurer, upon making any payment or assuming liability therefor under this Form, shall be subrogated to all rights of recovery of the Insured against others and may bring action to enforce such rights. Notwithstanding the foregoing, all rights of subrogation are hereby waived against any corporation, firm, individual or other interest with respect to which insurance is provided by this Form. Where the net amount recovered, after deducting the cost of recovery, is not sufficient to provide a complete indemnity for the loss or damage suffered, that amount shall be divided between the Insurer and the Insured in the proportion in which the loss or damage has been borne by them respectively. Any release from liability entered into by the Insured prior to loss shall not affect the right of the Insured to recover. 12. Property Protection Systems It is agreed that the Insured shall notify forthwith the Insurer of any interruption to, or flaw or defect coming to the knowledge of the Insured in any: (a) sprinkler or other fire extinguishing system, or (b) fire detection system; or (c) intrusion detection system; and shall also notify forthwith the Insurer of the cancellation or non-renewal of any contract which provides monitoring or maintenance services to any of these systems or of the notification of suspension of police service in response to any of these systems. B0053 (Rev. 08Dec05) P. 2 of 4
54 13. Definitions Wherever used in this Form (including endorsements or other forms attached to and forming part hereof): (a) Fine Arts includes paintings, etchings, pictures, tapestries and other bona fide works of art (such as valuable rugs, statuary, marbles, bronzes, antique furniture, rare books, antique silver, manuscripts, porcelains, rare glass and bric-a-brac) of rarity, historical value or artistic merit. (b) Clean up means the removal, containment, treatment, decontamination, detoxification, stabilization, neutralization or remediation of pollutants, including testing which is integral to the aforementioned processes. (c) Coverage Summary means the Coverage Summary applicable to this Form. (d) Fire Protective Equipment includes tanks, watermains, hydrants, valves and any other equipment used solely for fire protection or jointly for fire protection and for other purposes, but does not include: (i) branch piping from a joint system where such branches are used entirely for purposes other than fire protection; (ii) any watermains or appurtenances located outside of the described premises and forming a part of the public water distribution system; (iii) any pond or reservoir in which the water is impounded by a dam. (e) Named Perils means: (1) Fire or Lightning. (2) Explosion: However, except with respect to explosion or natural, coal or manufactured gas, there shall in no event be any liability hereunder for loss or damage caused by explosion, rupture or bursting in or of the following property owned, operated or controlled by the Insured: (i) a) the portions containing steam or water under steam pressure of all boilers generating steam, and piping or other equipment connected to said boilers and containing steam or water under steam pressure; b) piping and apparatus or parts thereof normally containing steam or water under steam pressure from an external source and while under such pressure; c) the combustion chambers or fire boxes of steam generating boilers of the chemical recovery type and the flues or passages which conduct the gases of combustion therefrom; d) smelt dissolving tanks; (ii) other vessels and apparatus, and pipes connected therewith, while under pressure, or while in use or in operation, provided their maximum normal internal working pressure exceeds 103 kilopascals (15 pounds per square inch) above atmospheric pressure except that liability is specifically assumed for loss or damage resulting from the explosion of manually portable gas cylinders; (iii) moving or rotating machinery or parts of same when such loss or damage is caused by centrifugal force or mechanical breakdown; (iv) any vessels and apparatus and pipes connected therewith while undergoing pressure tests, but this exclusion shall not apply to other property insured hereunder that has been damaged by such explosion; (v) gas turbines. The following are not explosions within the intent or meaning of this section: a) electric arcing or any coincident rupture of electrical equipment due to such arcing; b) bursting or rupture caused by hydrostatic pressure or freezing; c) bursting or rupture of any safety disc, rupture diaphragm or fusible plug. (3) Impact by Aircraft, Spacecraft or Land Vehicle: The terms aircraft and spacecraft include articles dropped therefrom. There shall in no event be any liability hereunder due to cumulative damage or for loss or damage: (i) caused by land vehicles belonging to or under the control of the Insured or any of his employees; (ii) to aircraft, spacecraft or land vehicles causing the loss; (iii) caused by any aircraft or spacecraft when being taxied or moved inside or outside of buildings; (4) Riot, Vandalism or Malicious Acts: The term riot includes open assemblies of strikers inside or outside the premises who have quitted work and of locked-out employees. There shall in no event be any liability hereunder for loss or damage: (i) due to cessation of work or by interruption to process or business operations or by change(s) in temperature; (ii) due to flood or release of water impounded by a dam, or due to any explosion other than an explosion in respect of which there is insurance under Clause 13. (e)(2); (iii) due to theft or attempted theft. (5) Smoke: The term smoke means smoke due to a sudden, unusual and faulty operation of any stationary furnace. There shall in no event be any liability hereunder for any cumulative damage. B0053 (Rev. 08Dec05) P. 3 of 4
55 13. Definitions (continued) (f) (6) Leakage from Fire Protective Equipment : The term leakage from fire protective equipment means the leakage or discharge of water or other substance from within the equipment used for fire protection purposes for the premises shown on the Coverage Summary or for adjoining premises and loss or damage caused by the fall or breakage or freezing of such equipment. (7) Windstorm or Hail: There shall in no event be any liability hereunder for loss or damage: (i) to the interior of the buildings insured or their contents unless damage occurs concurrently with and results from an aperature caused by windstorm or hail; (ii) directly or indirectly caused by any of the following, whether driven by wind or due to windstorm or not, snowload, ice-load, tidal wave, high water, overflow, flood, waterborne objects, waves, ice, land subsidence, landslip. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant including odour, vapour, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. (g) Premises means the entire area within the property lines and areas under adjoining sidewalks and driveways at the locations shown on the Coverage Summary and in or on vehicles within 100 metres (328 ft.) of such locations. B0053 (Rev. 08Dec05) P. 4 of 4
56 Accounts Receivable B0054 (Rev. 08Dec05) Words and phrases in quotation marks have special meaning as defined in Clause Insuring Agreement This Form insures: (a) all sums due the Insured from customers, provided the Insured is unable to effect collection thereof as the direct result of loss or damage to records of accounts receivable; (b) interest charges on any loan to offset impaired collections pending repayment of such sums made uncollectible by such loss or damage; (c) collection expense in excess of normal collection cost and made necessary because of such loss or damage; (d) other expenses, when reasonably incurred by the Insured in re-establishing records of accounts receivable following such loss or damage. 2. Location And Occupancy of Premises The Insured occupies that part of the building and conducts therein the business shown on the Coverage Summary. 3. Protection of Records Insurance under this Form shall apply only while records of accounts receivable are contained in the premises shown on the Coverage Summary, it being a condition precedent to any right of recovery hereunder that such records shall be kept in the receptacle(s) as shown in the Coverage Summary, at all times when the premises are not open for business, except while such records are in actual use. 4. Limit of Insurance The liability of the Insurer shall not exceed the amount shown on the Coverage Summary. 5. Deductible The Insurer is liable for the amount by which the loss or damage caused by any of the perils insured against exceeds the amount of the deductible shown on the Coverage Summary in any one occurrence. 6. Perils Insured All risks of direct loss of or damage to the Insured s records of accounts receivable, except as hereinafter provided. 7. Removal Such insurance as is afforded by this Form applies while the records of accounts receivable are being removed to and while at a place of safety because of imminent danger of loss or damage and while being returned from such place, provided the Insured gives written notice to the Insurer of such removal within ten (10) days thereafter. 8. A. Perils Excluded This Form does not insure loss, damage or expense: (a) (i) caused by or resulting from misappropriation, secretion, conversion, infidelity or any dishonest act on the part of the Insured or other party of interest, the employees or agents of the Insured or any person or persons to whom the property may be entrusted (bailees for hire excepted); (ii) due to voluntary parting of ownership or title by the Insured to any party whether from a legal or illegal transaction; (iii) due to loss or shortage disclosed on taking inventory, or any mysterious disappearance. (b) due to bookkeeping, accounting or billing errors or omissions; (c) the proof of which as to factual existence, is dependent upon an audit of records or an inventory computation. But this shall not preclude the use of such procedures in support of a claim for loss which the Insured can prove, through evidence wholly apart therefrom, is due solely to a risk of loss to records of accounts receivable not otherwise excluded hereunder; (d) due to alteration, falsification, manipulation, concealment, destruction or disposal of records of accounts receivable committed to conceal the wrongful giving, taking, obtaining or withholding of money, securities or other property but only to the extent of such wrongful giving, taking, obtaining or withholding; (e) caused directly or indirectly: (i) by war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military power; (ii) by any nuclear incident as defined in the Nuclear Liability Act or any other nuclear liability act, law or statute, or any law amendatory thereof or nuclear explosion, except for ensuing loss or damage which results directly from fire, lightning or explosion of natural, coal or manufactured gas; (iii) by contamination by radioactive material. B0054 (Rev. 08Dec05) P. 1 of 4
57 8. B. Pollution Excluded This Form does not insure against: (a) loss or damage caused directly or indirectly by any actual or alleged spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of pollutants, nor the cost or expense of any resulting clean up, but this exclusion does not apply: (i) if the spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of pollutants is the direct result of a peril not otherwise excluded under this Form; (ii) to loss or damage caused directly by a peril not otherwise excluded under this Form; (b) cost or expense for any testing, monitoring, evaluating or assessing of an actual, alleged, potential or threatened spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of pollutants. 8. C. Data Excluded (i) This Form does not insure Data. (ii) This Form does not insure loss or damage caused directly or indirectly by Data problem. However, if loss or damage caused by Data problem results in the occurrence of further loss of or damage to property insured that is directly caused by fire, explosion, smoke, leakage from fire protective equipment, escape of water from any tank, apparatus or pipe, all as described in Clause 17. Definitions this exclusion (ii) shall not apply to such resulting loss or damage. 9. Premium Adjustment and Reporting Option This clause is applicable if shown as adjustable and a specific adjustment rate is shown on the Coverage Summary. If within six (6) months after the expiry or anniversary date of each period of insurance, the Insured shall file with the Insurer a written statement showing, for the said period, the total amount of accounts receivable, with deferred payment and charge accounts segregated, on the last day of each month at each location, the actual premium for the said period shall be calculated at the rate applying to each location for the average amount of the total values declared. If the premium paid by the Insured exceeds the actual premium thus calculated, the Insurer shall refund to the Insured any excess paid, subject to a minimum retained premium shown on the Coverage Summary and a maximum refund of 50% of the premium paid. However, if the premium paid by the Insured is less than the actual premium thus calculated the Insured shall pay the excess to the Insurer. In the event of loss originating within the term of this Policy, the premium for the full term of this insurance on the full amount paid or payable for such loss shall be regarded as earned and no return premium shall be allowed in respect thereof. 10. Inspection and Audit The Insurer shall be permitted to inspect the premises and the receptacles in which the records of accounts receivable are kept by the Insured, and to examine and audit the Insured s books and records at any time during the Policy Period and any extension thereof and within three (3) years after the final termination of this Policy, as far as they relate to the premium basis or the subject matter of this insurance, and to verify the statements of any outstanding record of accounts receivable submitted by the Insured and the amount of recoveries of accounts receivable on which the Insurer has made any settlement. 11. Recoveries After payment of loss, all amounts recovered by the Insured on accounts receivable for which the Insured has been indemnified, shall belong and be paid to the Insurer by the Insured up to the total amount of loss paid by the Insurer, but all recoveries in excess of such amounts shall belong to the Insured. 12. Basis of Settlement When there is proof that a loss covered by this Form has occurred but the Insured cannot accurately establish the total amount of accounts receivable outstanding as of the date of such loss, such amount shall be based on the Insured s monthly accounts receivable and shall be computed as follows: (a) determine the amount of all outstanding accounts receivable at the end of the same fiscal month in the year immediately preceding the year in which the loss occurs; (b) calculate the percentage of increase or decrease in the average monthly total of accounts receivable for the twelve (12) months immediately preceding the month in which the loss occurs, or such part thereof for which the Insured has furnished monthly statements to the Insurer, as compared with such average for the same months of the preceding year; (c) the amount determined under (a) above, increased or decreased by the percentage calculated under (b) above, shall be the agreed total amount of accounts receivable as of the last day of the fiscal month in which said loss occurs; B0054 (Rev. 08Dec05) P. 2 of 4
58 12. Basis of Settlement (continued) (d) the amount determined under (c) above shall be increased or decreased in conformity with the normal fluctuations in the amount of accounts receivable during the fiscal month involved, due consideration being given to the experience of the business since the last day of the last fiscal month for which statement has been rendered. There shall be deducted from the total amounts of accounts receivable, however established, the amount of such accounts evidenced by records not lost or damaged, or otherwise established or collected by the Insured, and an amount to allow for probable bad debts which would normally have been uncollectible by the Insured. On deferred payment accounts receivable, unearned interest and service charges shall be deducted. 13. Special Basis of Settlement Records: The liability of the Insurer for loss of or damage to media, data storage devices, and programme devices for electronic and electro-mechanical data processing or for electronically controlled equipment, notwithstanding that Data is not insured, shall not exceed the cost of reproducing such media, data storage devices, and programme devices from duplicates or from originals of the previous generation of the media, but no liability is assumed hereunder for the cost of gathering or assembling information or Data for such reproduction. 14. Other Insurance The Insurer is not liable: (a) for more than the portion of any loss or damage covered by this Form which the applicable limit of this Form bears to the total amount of insurance covering against the peril of fire irrespective of whether or not such other insurance gives insurance in respect of the perils covered by this Form whether by endorsement thereto or otherwise; (b) where such other insurance does not insure against loss or damage by fire: for more than the excess (if any) of any loss or damage over the applicable limit of any other insurance which would attach if this insurance had not been effected. 15. Reinstatement of Limit After Loss Loss under any item of this Form shall not reduce the applicable amount of insurance unless an aggregate limit per policy period is stated to apply in the Coverage Summary or in any endorsement. 16. Action Against Insurer All adjusted claims shall be paid or made good to the Insured within thirty (30) days after presentation and acceptance of satisfactory proof of interest and loss at the office of the Insurer. No action shall lie against the Insurer unless, as a condition precedent hereto, there shall have been full compliance with all the terms of this Form, nor at all unless commenced within two (2) years after the discovery by the Insured of the occurrence which gives rise to the loss. If this limitation of time is shorter than that prescribed by any statute controlling the construction of this Form, the shortest permissible statutory limitation in time shall govern and shall supersede the time limitation herein stated. 17. Definitions Wherever used in this Form (including endorsements or other forms attached to and forming part hereof): (a) Clean up means the removal, containment, treatment, decontamination, detoxification, stabilization, neutralization or remediation of pollutants, including testing which is integral to the aforementioned processes. (b) Coverage Summary means the coverage summary applicable to this Form. (c) Data means representations of information or concepts, in any form. (d) Data problem means: (i) erasure, destruction, corruption, misappropriation, misinterpretation of Data ; (ii) error in creating, amending, entering, deleting or using Data ; or (iii) inability to receive, transmit or use Data. (e) Explosion means explosion. However, except with respect to explosion of natural, coal or manufactured gas, there shall in no event be any liability hereunder for loss or damage caused by explosion, rupture or bursting in or of the following property owned, operated or controlled by the Insured: (i) a) the portions containing steam or water under steam pressure of all boilers generating steam, and piping or other equipment connected to said boilers and containing steam or water under steam pressure; b) piping and apparatus or parts thereof normally containing steam or water under steam pressure from an external source and while under such pressure; B0054 (Rev. 08Dec05) P. 3 of 4
59 17. Definitions (continued) (e) Explosion (continued) c) the combustion chambers or fire boxes of steam generating boilers of the chemical recovery type and the flues or passages which conduct the gases of combustion therefrom; d) smelt dissolving tanks; (ii) other vessels and apparatus, and pipes connected therewith, while under pressure, or while in use or in operation, provided their maximum normal internal working pressure exceeds 103 kilopascals (15 pounds per square inch) above atmospheric pressure except that liability is specifically assumed for loss or damage resulting from the explosion of manually portable gas cylinders; (iii) moving or rotating machinery or parts of same when such loss or damage is caused by centrifugal force or mechanical breakdown; (iv) any vessels and apparatus and pipes connected therewith while undergoing pressure tests, but this exclusion shall not apply to other property insured hereunder that has been damaged by such explosion; (v) gas turbines. The following are not explosions within the intent or meaning of this clause: a) electric arcing or any coincident rupture of electrical equipment due to such arcing; b) bursting or rupture caused by hydrostatic pressure or freezing; c) bursting or rupture of any safety disc, rupture diaphragm or fusible plug. (f) Leakage from fire protective equipment. The term leakage from fire protective equipment means the leakage or discharge of water or other substance from within the equipment used for fire protection purposes for the premises shown on the Coverage Summary or for adjoining premises and loss or damage caused by the fall or breakage or freezing of such equipment. (g) Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including odour, vapour, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. (h) Premises means the interior of that portion of the building at the location shown on the Coverage Summary, which is occupied by the Insured for the business purposes stated therein. (i) Smoke : The term smoke means smoke due to a sudden, unusual and faulty operation of any stationary furnace. There shall in no event be any liability hereunder for any cumulative damage. B0054 (Rev. 08Dec05) P. 4 of 4
60 Miscellaneous Articles (Broad Form) B0056 (Rev. 08Dec05) Words and phrases in quotation marks have special meaning as defined in Clause Insuring Agreement In the event that any of the property insured be lost, destroyed or damaged by a peril insured against the Insurer will pay the Insured to an amount not exceeding whichever is the least of: (a) the actual cash value of the property at the time of loss or damage; (b) the interest of the Insured in the property; (c) the amount of insurance shown on the Coverage Summary in respect of the property lost or damaged. Provided, however, that where the insurance applies to the property of more than one person or interest, the Insurer s total liability for loss sustained by all such persons and interests shall be limited in the aggregate to the amount or amounts of insurance shown on the Coverage Summary. 2. Property Insured This Form insures the property as shown on the Coverage Summary, owned by the Insured or the property of others for which the Insured may be liable. 3. Perils Insured This Form insures against all risks of direct physical loss of or damage to the insured property from any external cause, except as hereinafter provided. 4. Co-Insurance The Insurer shall not be liable for a greater proportion of any loss of or damage to the property described herein than the sum hereby insured bears to 100% of the actual cash value of the said property at the time such loss shall happen. If the insurance under this Form be divided into two or more items the foregoing shall apply to each item separately. 5. Deductible The Insurer is liable for the amount by which the loss or damage caused by any of the perils insured against exceeds the deductible shown on the Coverage Summary in any one occurrence. If a percentage deductible in addition to a deductible amount applies to any item(s) shown on the Coverage Summary, the Insurer is only liable for the amount by which the loss or damage thus caused exceeds the amount of the deductible or the percentage of the value of the item applicable whichever is highest. 6. Property Excluded This Form does not insure: (a) property illegally acquired, kept, stored or transported, or property seized or confiscated for breach of any law or by any order of any public authority; (b) automobiles, aircraft, spacecraft, watercraft, motorcycles or similar conveyances; (c) property whilst waterborne, except that while the property insured is being transported on any regular ferry or is in or on a railway car transfer barge in connection therewith, this Form insures against direct physical loss of or damage to the property insured caused by the stranding, sinking, burning, or collision of the vessel, including general average and salvage charges; (d) tires or tubes unless the loss or damage is caused by fire or theft or is coincident with other loss or damage insured by this Form but in no event for more than the actual cash value of the tires or tubes at the time of the loss or damage; (e) money, securities, stamps, tickets and tokens, accounts, bills, evidence of debt or title or valuable papers, plans, blueprints, designs or specifications; (f) furs, garments trimmed with fur, jewels, jewellery, watches, pearls, precious and semi-precious stones, gold, silver, platinum and other precious metals and alloys; (g) any camera or equipment designed for aerial photography or survey, while in or on any aircraft, unless endorsed hereon; (h) property at locations which to the knowledge of the Insured, are vacant, unoccupied or shut down for more than thirty (30) consecutive days. B0056 (Rev. 08Dec05) P. 1 of 4
61 7. A. Perils Excluded This Form does not insure: (a) loss or damage caused by electrical currents other than lightning unless fire or explosion as described in Clause 13. (g) ensues and then only for such destruction or damage as results from such fire or explosion; (b) wear and tear, latent defect or inherent vice, mechanical or electrical breakdown or derangement; (c) loss or damage caused by deterioration, rodents, insects or vermin, corrosion, rust, dampness of atmosphere, freezing or extremes of temperature; (d) loss or damage (unless fire or explosion as described in Clause 13. (g) ensues and then only for the loss or damage caused by such ensuing fire or explosion) sustained while the property insured is actually being worked upon and directly resulting therefrom or caused by any repairing, adjusting or servicing of the property insured; (e) loss, damage or expense caused directly or indirectly by or resulting from: (i) misappropriation, secretion, conversion, infidelity or any dishonest act on the part of the Insured or other party of interest, the employees or agents of the Insured or any person or persons to whom the property may be entrusted (bailees for hire excepted); (ii) voluntary parting of ownership or title by the Insured to any party whether from a legal or illegal transaction; (iii) loss or shortage disclosed on taking inventory, or any mysterious disappearance. (f) loss or damage caused by explosion originating within steam boilers of the property insured; (g) loss or damage caused by or resulting from delay, loss of market or loss of use; (h) breakage of glass or articles of a fragile nature, unless caused by named perils, theft and or attempted theft, earthquake, flood, or collision, derailment or overturn of conveyance, unless shown on the Coverage Summary ; (i) loss or damage occasioned by theft or pilferage of the insured property when left in automobiles or other conveyances unless such loss or damage be a direct result of violent forcible entry (of which there shall be visible evidence), from a fully enclosed body, the doors and windows of which shall have been securely locked, or from a compartment which shall have been securely locked. It is understood and agreed, however, that the foregoing shall not apply when the insured property is in the custody of a common carrier; (j) loss, destruction or damage caused directly or indirectly: (i) by war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military power; (ii) by any nuclear incident as defined in the Nuclear Liability Act or any other nuclear liability act, law or statute, or any law amendatory thereof or nuclear explosion, except for ensuing loss or damage which results directly from fire, lightning or explosion of natural, coal or manufactured gas; (iii) by contamination by radioactive material. 7. B. Pollution Excluded This Form does not insure against: (a) loss or damage caused directly or indirectly by any actual or alleged spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of pollutants, nor the cost or expense of any resulting clean up, but this exclusion does not apply: (i) if the spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of pollutants is the direct result of a peril not otherwise excluded under this Form; (ii) to loss or damage caused directly by a peril not otherwise excluded under this Form; (b) cost or expense for any testing, monitoring, evaluating or assessing of an actual, alleged, potential or threatened spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of pollutants. 7. C. Data Excluded (i) This Form does not insure Data. (ii) This Form does not insure loss or damage caused directly or indirectly by Data problem. However, if loss or damage caused by Data problem results in the occurrence of further loss of or damage to property insured that is directly caused by fire, explosion, smoke, leakage from fire protective equipment, escape of water from any tank, apparatus or pipe, all as described in Clause 13. (g) Named Perils, this exclusion (ii) shall not apply to such resulting loss or damage. 7. D. Fungi and Fungal Derivatives Exclusion This Form does not insure: (a) loss or damage consisting of or caused directly or indirectly, in whole or in part, by any fungi or spores unless such fungi or spores are directly caused by or directly result from a peril otherwise insured and not otherwise excluded by this Form; (b) the cost or expense for any testing, monitoring, evaluating or assessing of fungi or spores. B0056 (Rev. 08Dec05) P. 2 of 4
62 8. Reinstatement of Limit After Loss Loss under any item of this Form shall not reduce the applicable amount of insurance unless an aggregate limit per policy period is stated to apply in the Coverage Summary or in any endorsement. 9. Subrogation The Insurer, upon making any payment or assuming liability therefor under this Form, shall be subrogated to all rights of recovery of the Insured against others and may bring action to enforce such rights. Notwithstanding the foregoing, all rights of subrogation are hereby waived against any corporation, firm, individual or other interest with respect to which insurance is provided by this Form. Where the net amount recovered, after deducting the costs of recovery, is not sufficient to provide a complete indemnity for the loss or damage suffered, that amount shall be divided between the Insurer and the Insured in proportion in which the loss or damage has been borne by them respectively. Any release from liability entered into by the Insured prior to loss shall not affect the right of the Insured to recover. 10. Special Basis of Settlement Records: The liability of the Insurer for loss of or damage to media, data storage devices, and programme devices for electronic and electro-mechanical data processing or for electronically controlled equipment, notwithstanding that Data is not insured, shall not exceed the cost of reproducing such media, data storage devices, and programme devices from duplicates or from originals of the previous generation of the media, but no liability is assumed hereunder for the cost of gathering or assembling information or Data for such reproduction. Whichever of the above is applicable shall be the basis for the purpose of applying co-insurance. 11. Territorial Limits This Form insures only within the territorial limits of Canada and the United States of America. 12. Other Insurance The Insurer is not liable: (a) for more than the portion of any loss or damage covered by this Form which the applicable limit of this Form bears to the total amount of insurance covering against the peril of fire, irrespective of whether or not such other insurance gives insurance in respect of the perils covered by this Form whether by endorsement thereto or otherwise; (b) where such other insurance does not insure against loss or damage by fire for more than the excess (if any) of any loss or damage over the applicable limit of any other insurance which would attach if this insurance had not been effected. 13. Definitions Wherever used in this Form (including endorsements or other forms attached to and forming part hereof): (a) Clean up means the removal, containment, treatment, decontamination, detoxification, stabilization, neutralization or remediation of pollutants, including testing which is integral to the aforementioned processes. (b) Coverage Summary means the coverage summary applicable to this Form. (c) Data means representations of information or concepts, in any form. (d) Data problem means: (i) erasure, destruction, corruption, misappropriation, misinterpretation of Data ; (ii) error in creating, amending, entering, deleting or using Data ; or (iii) inability to receive, transmit or use Data. (e) Fire Protective Equipment includes tanks, watermains, hydrants, valves and any other equipment whether used solely for fire protection or jointly for fire protection and for other purposes, but does not include: (i) branch piping from a joint system where such branches are used entirely for purposes other than fire protection; (ii) any watermains or appurtenances located outside of the described premises and forming a part of the public water distribution system; (iii) any pond or reservoir in which the water is impounded by a dam. (f) Fungi includes, but is not limited to, any form or type of mould, yeast, mushroom or mildew whether or not allergenic, pathogenic or toxigenic, and any substance, vapour or gas produced by, emitted from or arising out of any fungi or spores or resultant mycotoxins, allergens, or pathogens. (g) Named Perils means: (1) Fire or Lightning. B0056 (Rev. 08Dec05) P. 3 of 4
63 13. Definitions (continued) (g) Named Perils (continued) (2) Explosion: However, except with respect to explosion of natural, coal or manufactured gas, there shall in no event be any liability hereunder for loss or damage caused by explosion, rupture or bursting in or of the following property owned, operated or controlled by the Insured: (i) a) the portions containing steam or water under steam pressure of all boilers generating steam, and piping or other equipment connected to said boilers and containing steam or water under steam pressure; b) piping and apparatus or parts thereof normally containing steam or water under steam pressure from an external source and while under such pressure; c) the combustion chambers or fire boxes of steam generating boilers of the chemical recovery type and the flues or passages which conduct the gases of combustion therefrom; d) smelt dissolving tanks; (ii) other vessels and apparatus, and pipes connected therewith, while under pressure, or while in use or in operation, provided their maximum normal internal working pressure exceeds 103 kilopascals (15 pounds per square inch) above atmospheric pressure except that liability is specifically assumed for loss or damage resulting from the explosion of manually portable gas cylinders; (iii) moving or rotating machinery or parts of same when such loss or damage is caused by centrifugal force or mechanical breakdown; (iv) any vessels and apparatus and pipes connected therewith while undergoing pressure tests, but this exclusion shall not apply to other property insured hereunder that has been damaged by such explosion; (v) gas turbines. The following are not explosions within the intent or meaning of this clause: a) electric arcing or any coincident rupture of electrical equipment due to such arcing; b) bursting or rupture caused by hydrostatic pressure or freezing; c) bursting or rupture of any safety disc, rupture diaphragm or fusible plug. (3) Impact by Aircraft, Spacecraft or Land Vehicle: The terms aircraft and spacecraft include articles dropped therefrom. There shall in no event be any liability hereunder due to cumulative damage or for loss or damage: (i) caused by land vehicles belonging to or under the control of the Insured or any of his employees; (ii) to aircraft, spacecraft or land vehicles causing the loss; (iii) caused by any aircraft or spacecraft when being taxied or moved inside or outside of buildings. (4) Riot, Vandalism or Malicious Acts: The term riot includes open assemblies of strikers inside or outside the premises who have quitted work and of locked-out employees. There shall in no event be any liability hereunder for loss or damage: (i) due to cessation of work or by interruption to process or business operations or by change(s) in temperature; (ii) due to flood or release of water impounded by a dam, or due to any explosion other than an explosion in respect of which there is insurance under Clause 13. (g) (2); (iii) due to theft or attempted theft. (5) Smoke: The term smoke means smoke due to a sudden, unusual and faulty operation of any stationary furnace. There shall in no event be any liability hereunder for any cumulative damage. (6) Leakage from Fire Protective Equipment : The term leakage from fire protective equipment means the leakage or discharge of water or other substance from within the equipment used for fire protection purposes for the premises shown on the Coverage Summary or for adjoining premises and loss or damage caused by the fall or breakage or freezing of such equipment. (7) Windstorm or Hail: There shall in no event be any liability hereunder for loss or damage: (i) to the interior of the buildings insured or their contents unless damage occurs concurrently with and results from an aperture caused by windstorm or hail; (ii) directly or indirectly caused by any of the following, whether driven by wind or due to windstorm or not, snowload, ice-load, tidal wave, high water, overflow, flood, waterborne objects, waves, ice, land subsidence, landslip. (8) Escape of water from any tank, apparatus or pipe. (h) Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including odour, vapour, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. (i) Spores includes, but is not limited to, one or more reproductive particles or microscopic fragments produced by, emitted from or arising out of any fungi. B0056 (Rev. 08Dec05) P. 4 of 4
64 AMENDING ENDORSEMENT TO MISCELLANEOUS ARTICLES FORM B0056 (Rev. 11Aug04) It is understood and agreed that: Section 2. Property Insured is amended to read as follows: This Form insures the property as shown on the Coverage Summary, owned by the Insured or the property of others for which the Insured may be liable including equipment rented or borrowed from others. All other terms and conditions remain unchanged.
65 AMENDING ENDORSEMENT TO MISCELLANEOUS ARTICLES FORM B0056 (Rev. 23Aug04) It is understood and agreed that the following exclusions are hereby deleted: Section 6 Property Excluded: Exclusion ( c) Section 7 A. Perils Excluded: Exclusion (e) (III), Exclusion (f) and Exclusion (i) All other terms and conditions remain unchanged.
66 AMENDING ENDORSEMENT TO MISCELLANEOUS ARTICLES FORM B0056 (Rev. 23Aug04) It is understood and agreed that: This rider is extended to cover the property of the Named Insured, which has been acquired by the Named Insured, as legal or equitable owner thereof, subsequent to the attachment of this insurance. In consideration of this extension, the Named Insured hereby agrees to report such acquisition within thirty (30) days from the date of expiry each year that this policy is in force. The automatic coverage herein provided shall not exceed a sum equal to 25% of the total amount of this coverage but in no event to exceed $25,000 (Twenty-five Thousand Dollars) any one loss, salvage charges, or all combined. All other terms and conditions remain unchanged.
67 Replacement Cost (excluding stock) Extension E0032 (Rev. 15Feb03) Applicable only to those coverages which are shown to be subject to this extension on the Coverage Summary. This insurance is amended as follows: 1. The Insurer agrees to amend the basis of settlement as stated in the Insuring Agreement from actual cash value to replacement cost subject to the following provisions: (a) replacement shall be effected by the Insured with due diligence and dispatch; (b) replacement shall be on the same site or on an adjacent site; (c) settlement on a replacement cost basis shall be made only when replacement has been effected by the Insured and in no event shall it exceed the amount actually and necessarily expended for such replacement; (d) failing compliance by the Insured with any of the foregoing provisions, settlement shall be made as if this Form had not been in effect; (e) any other insurance effected by or on behalf of the Insured in respect of the perils insured against by this insurance on the property to which this Form is applicable shall be on the basis of replacement cost as defined herein; (f) this Form applies separately to each item above. 2. In this Form: (a) replacement cost means the cost of replacing, repairing, constructing or reconstructing (whichever is the least), the property on the same site with new property of like kind and quality and for like occupancy without deduction for depreciation; and (b) replacement includes repair, construction or reconstruction with new property of like kind and quality. 3. In the event that new property of like kind and quality is not obtainable, new property which is as similar as possible to that damaged or destroyed and which is capable of performing the same function, shall be deemed to be new property of like kind and quality for the purpose of this Form. 4. Exclusions: This Form does not apply to: (a) stock ; (b) patterns, dies, moulds; (c) paintings, etchings, pictures, tapestries, statuary, marbles, bronzes, antique furniture, rare books, antique silver, porcelain, rare glassware, bric-a-brac or other articles of art, rarity or antiquity; (d) manuscripts and records meaning books of account, drawings, card index systems and other records, media, data storage devices and program devices for electronic and electro-mechanical data processing or for electronically controlled equipment; (e) any increases in the cost of replacement occasioned by a restriction or prohibition in any by-law, regulation, ordinance or law. 5. If this insurance is subject to a co-insurance clause requiring a stated percentage of insurance to value to be maintained, actual cash value, for the purpose of applying such a clause to the property to which this Form is applicable, shall be deemed to be replacement cost without deduction for depreciation. Except as otherwise provided in this Form, all terms, provisions and conditions of the Policy shall have full force and effect.
68 Property on Loan or Rental Extension E0150 (01May98) Applicable only to the coverages which are shown to be subject to this extension on the Coverage Summary. This insurance is extended up to the amounts shown on the Coverage Summary to cover loss or damage by a peril insured against to property on loan or on rental to others from the time of leaving the Insured s custody. Except as otherwise provided in this Form, all terms, provisions and conditions of the Policy shall have full force and effect.
69 Loss of Use Rental Reimbursement Extension E0156 (01May98) Applicable only to the coverages which are shown to be subject to this extension on the Coverage Summary. Following an insured loss under the coverage(s) to which this Form is attached, this insurance is extended to cover reasonable expenses actually incurred by the Insured for the rental of equipment similar in size and capacity to the damaged item(s), provided that: 1. The Insurer s liability under this Form shall terminate regardless of the Policy Period: (a) upon completion of repairs with due diligence and dispatch, or replacement of lost or damaged property. (b) upon such earlier date as the Insurer tenders settlement of the loss or damage. 2. The Insurer shall not be liable under this Form for expense incurred by the Insured for rental of equipment: (i) unless the insured property lost or damaged is actually repaired or replaced. (ii) if other equipment which can be used to continue or resume operations and eliminate or reduce loss hereunder is available for the Insured s use without expense to the Insured. (iii) for more than the daily limit per item and the annual aggregate shown on the Coverage Summary. 3. Liability for this cover commences forty-eight (48) hours after the date of loss and continues regardless of the expiration of the Policy Period to the date which would be required to repair or replace the equipment lost or damaged. Except as otherwise provided in this Form, all terms, provisions and conditions of the Policy shall have full force and effect.
70 AMENDING ENDORSEMENT TO LOSS OF USE RENTAL REIMBURSEMENT FORM E0156 (Rev. 08Nov04) It is understood and agreed that the form is amended as follows: Section 3. Liability for this cover commences immediately after the date of loss and continues regardless of the expiration of the Policy Period to the date which would be required to repair or replace the equipment lost or damaged. All other terms and conditions remain unchanged.
71 Breakage Exclusion Amendment E0157 (01May98) Applicable only to the coverages which are shown to be subject to this amendment on the Coverage Summary. The exclusion of breakage of glass, glassware and other similar fragile articles is deleted in entirety. Except as otherwise provided in this Form, all terms, provisions and conditions of the Policy shall have full force and effect.
72 Valuable Papers and Records B0057 (Rev. 08Dec05) Words and phrases in quotation marks have special meaning as defined in Clause Insuring Agreement In the event that any of the property insured be lost, destroyed or damaged by a peril insured against the Insurer will pay the Insured to an amount not exceeding the amount of insurance shown on the Coverage Summary in respect of the property lost or damaged. Provided, however, that where the insurance applies to the property of more than one person or interest, the Insurer s total liability for loss sustained by all such persons and interests shall be limited in the aggregate to the amount or amounts of insurance shown on the Coverage Summary. 2. Property Insured and Limit of Insurance This Form covers valuable papers and records shown as (a) specified articles and (b) all other on the Coverage Summary, the property of the Insured or held by him in any capacity, provided the insurance applies only to the interest of the Insured in such property, including the Insured s liability to others, and does not apply to the interest of any other person or organization in any of said property unless included in the Insured s proof of loss. The Insurer s liability shall not exceed the amount(s) shown on the Coverage Summary. 3. Location and Occupancy of Premises The Insured occupies that part of the building and conducts therein the business shown on the Coverage Summary. 4. Protection of Valuable Papers and Records Insurance under this Form shall apply only while valuable papers and records are contained in the premises shown on the Coverage Summary, it being a condition precedent to any right of recovery hereunder that such valuable papers and records shall be kept in the receptacle(s) shown on the Coverage Summary, at all times when the premises are not open for business, except while such valuable papers and records are in actual use or as stated in clause 9.(a) and (b) below. 5. Perils Insured This Form insures against all risks of direct physical loss of or damage to the property insured from any external cause except as hereinafter provided. 6. Deductible The Insurer is liable for the amount by which the loss or damage caused by any of the perils insured against exceeds the amount of the deductible shown on the Coverage Summary in any one occurrence. 7. Property Excluded This Form does not insure: (a) loss of or damage to property not specifically declared and described in section (a) of Clause 2, if such property cannot be replaced with other of like kind and quality; (b) property illegally acquired, kept or stored; property seized or confiscated for breach of any law or by order of any public authority; (c) loss of or damage to property held as samples, or for sale or for delivery after sale; (d) property at locations which to the knowledge of the Insured, are vacant, unoccupied or shut down for more than thirty (30) consecutive days. 8. A. Perils Excluded This Form does not insure: (a) loss or damage due to wear and tear, gradual deterioration, rodents, insects, vermin or inherent vice; (b) (i) loss, damage or expense caused by or resulting from misappropriation, secretion, conversion, infidelity or any dishonest act on the part of the Insured or other party of interest, the employees or agents of the Insured or any person or persons to whom the property may be entrusted (bailees for hire excepted); (ii) voluntary parting of ownership or title by the Insured to any party whether from a legal or illegal transaction; (iii) loss or shortage disclosed on taking inventory, or any mysterious disappearance. (c) loss of or damage to any property while actually being worked upon and where loss or damage is due thereto, unless fire or explosion as defined in Clause 18.(e) ensues and then only for direct loss or damage caused by such ensuing fire or explosion; B0057 (Rev. 08Dec05) ` P. 1 of 4
73 8. A. Perils Excluded (continued) (d) loss or damage resulting from loss of use of the property insured or loss of sums due to the Insured which the Insured is unable to collect because of loss of or destruction or damage to the property insured; (e) loss, destruction or damage caused directly or indirectly: (i) by war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military power; (ii) by any nuclear incident as defined in the Nuclear Liability Act or any other nuclear liability act, law or statute, or any law amendatory thereof or nuclear explosion, except for ensuing loss or damage which results directly from fire, lightning or explosion of natural, coal or manufactured gas; (iii) by contamination by radioactive material; (f) loss or damage caused by theft (including attempted theft) from any vehicle, while such vehicle is unattended, unless the property is contained in a fully enclosed and securely locked body or compartment and theft results from forcible entry, evidenced by visible marks. This exclusion shall not apply to property in the custody of carriers for hire. 8. B. Pollution Excluded This Form does not insure against: (a) loss or damage caused directly or indirectly by any actual or alleged spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of pollutants, nor the cost or expense of any resulting clean up, but this exclusion does not apply: (i) if the spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of pollutants is the direct result of a peril not otherwise excluded under this Form; (ii) to loss or damage caused directly by a peril not otherwise excluded under this Form; (b) cost or expense for any testing, monitoring, evaluating or assessing of an actual, alleged, potential or threatened spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of pollutants. 8. C. Data Excluded (i) This Form does not insure Data. (ii) This Form does not insure loss or damage caused directly or indirectly by Data problem. However, if loss or damage caused by Data problem results in the occurrence of further loss of or damage to property insured that is directly caused by fire, explosion, smoke, leakage from fire protective equipment, escape of water from any tank, apparatus or pipe, all as described in Clause 18. Definitions, this exclusion (ii) shall not apply to such resulting loss or damage. 9. Extensions of Coverage (a) Offsite Coverage: Such insurance as is afforded by this Form applies while the valuable papers and records are being conveyed outside the premises and while temporarily within other premises, except for storage, provided the Insurer s liability for such loss or damage shall not exceed the limit shown on the Coverage Summary. (b) Removal: Such insurance as is afforded by this Form applies while the valuable papers and records are being removed to and while at a place of safety because of imminent danger of loss or damage and while being returned from such place provided the Insured gives written notice to the Insurer of such removal within ten (10) days thereafter. 10. Basis of Settlement The limit of the Insurer s liability for loss shall not exceed the actual cash value of the property at time of loss nor what it would then cost to repair or replace the property with other of like kind and quality, nor the applicable limit of insurance stated in this Form, provided as respects property specifically described in section (a) of Clause 2, Property Insured, the amount per article specified therein is the agreed value thereof for the purpose of this insurance. Records: The liability of the Insurer for loss of or damage to: (i) books of accounts, drawings, card index systems and other records, other than as described in (ii) below, shall not exceed the cost of blank books, blank pages or other materials, plus the cost of labour for actually transcribing or copying said records; (ii) media, data storage devices, and programme devices for electronic and electro-mechanical data processing or for electronically controlled equipment, notwithstanding that Data is not insured, shall not exceed the cost of reproducing such media, data storage devices, and programme devices from duplicates or from originals of the previous generation of the media, but no liability is assumed hereunder for the cost of gathering or assembling information or Data for such reproduction. B0057 (Rev. 08Dec05) ` P. 2 of 4
74 10. Basis of Settlement (continued) The Insurer may pay for the loss in money or repair or replace the property and may settle any claim for loss of the property either with the Insured or the owner thereof. Any property so paid for or replaced shall become the property of the Insurer. The Insured or the Insurer, upon recovery of any such property shall give notice thereof as soon as practicable to the other and the Insured shall be entitled to the property upon reimbursing the Insurer for the amount so paid or the cost of replacement. Application of the insurance to property of more than one person shall not operate to increase the applicable limit of insurance. 11. Territorial Limits This Form insures only within the territorial limits of Canada and the United States of America. 12. Other Insurance The Insurer is not liable: (a) for more than the portion of any loss or damage covered by this Form which the applicable limit of this Form bears to the total amount of insurance covering against the peril of fire irrespective of whether or not such other insurance gives insurance in respect of the perils covered by this Form whether by endorsement thereto or otherwise; (b) where such other insurance does not insure against loss or damage by fire for more than the excess (if any) of any loss or damage over the applicable limit of any other insurance which would attach if this insurance had not been effected. 13. Breach of Conditions Where a loss occurs and there has been a breach of condition relating to a matter before the happening of the loss, which breach would otherwise disentitle the Insured from recovery under this Form, the breach shall not disentitle the Insured from recovery if the Insured establishes that the loss was not caused or contributed to by the breach of condition or if the breach of condition occurred in any portion of the project over which the Insured has no control. 14. Reinstatement of Limit After Loss Loss under any item of this Form shall not reduce the applicable amount of insurance unless an aggregate limit per policy period is stated to apply in the Coverage Summary or in any endorsement. 15. Subrogation The insurer, upon making any payment or assuming liability therefor under this Form, shall be subrogated to all rights of recovery of the Insured against others and may bring action to enforce such rights. Notwithstanding the foregoing, all rights of subrogation are hereby waived against any corporation, firm, individual or other interest with respect to which insurance is provided by this Form. Where the net amount recovered after deducting the costs of recovery is not sufficient to provide a complete indemnity for the loss or damage suffered, that amount shall be divided between the Insurer and the Insured in the proportion in which the loss or damage has been borne by them respectively. Any release from liability entered into by the Insured prior to loss shall not affect the right of the Insured to recover. 16. Property Protection Systems It is agreed that the Insured shall notify forthwith the Insurer of any interruption to, or flaw or defect, coming to the knowledge of the Insured, in any: (a) sprinkler or other fire extinguishing system; or (b) fire detection system; or (c) intrusion detection system; and shall also notify forthwith the Insurer of the cancellation or non-renewal of any contract which provides monitoring or maintenance services to any of these systems or of the notification of the suspension of police service in response to any of these systems. 17. Verification of Values The Insurer or its duly appointed representative shall be permitted at all reasonable times during the term of this Policy, or within one (1) year after termination or expiration, to inspect the property insured and to examine the Insured s books, records and such policies as relate to any property insured hereunder. Such inspection or examination shall not waive nor in any manner affect any of the terms or conditions of this Form. B0057 (Rev. 08Dec05) ` P. 3 of 4
75 18. Definitions Wherever used in this Form (including endorsements or other forms attached to and forming part hereof): (a) Clean up means the removal, containment, treatment, decontamination, detoxification, stabilization, neutralization or remediation of pollutants, including testing which is integral to the aforementioned processes. (b) Coverage Summary means the coverage summary applicable to this Form. (c) Data means representations of information or concepts, in any form. (d) Data problem means: (i) erasure, destruction, corruption, misappropriation, misinterpretation of Data ; (ii) error in creating, amending, entering, deleting or using Data ; or (iii) inability to receive, transmit or use Data. (e) Explosion means explosion. However, except with respect to explosion of natural, coal or manufactured gas, there shall in no event be any liability hereunder for loss or damage caused by explosion, rupture or bursting in or of the following property owned, operated or controlled by the Insured: (i) a) the portions containing steam or water under steam pressure of all boilers generating steam, and piping or other equipment connected to said boilers and containing steam or water under steam pressure; b) piping and apparatus or parts thereof normally containing steam or water under steam pressure from an external source and while under such pressure; c) the combustion chambers or fire boxes of steam generating boilers of the chemical recovery type and the flues or passages which conduct the gases of combustion therefrom; d) smelt dissolving tanks; (ii) other vessels and apparatus, and pipes connected therewith while under pressure, or while in use or in operation, provided their maximum normal internal working pressure exceeds 103 kilopascals (15 pounds per square inch) above atmospheric pressure except that liability is specifically assumed for loss or damage resulting from the explosion of manually portable gas cylinders; (iii) moving or rotating machinery or parts of same when such loss or damage is caused by centrifugal force or mechanical breakdown; (iv) any vessels and apparatus and pipes connected therewith while undergoing pressure tests, but this exclusion shall not apply to other property insured hereunder that has been damaged by such explosion; (v) gas turbines. The following are not explosions within the intent or meaning of this clause: a) electric arcing or any coincident rupture of electrical equipment due to such arcing; b) bursting or rupture caused by hydrostatic pressure or freezing; (f) c) bursting or rupture of any safety disc, rupture diaphragm or fusible plug. Leakage from fire protective equipment. The term leakage from fire protective equipment means the leakage or discharge of water or other substance from within the equipment used for fire protection purposes for the premises shown on the Coverage Summary or for adjoining premises and loss or damage caused by the fall or breakage or freezing of such equipment. (g) Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including odour, vapour, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. (h) Premises means the interior of that portion of the building at the location shown on the Coverage Summary which is occupied by the Insured for the business purposes stated therein. (i) (j) Smoke : The term smoke means smoke due to a sudden, unusual and faulty operation of any stationary furnace. There shall in no event be any liability hereunder for any cumulative damage. Valuable Papers and Records means written, printed, or otherwise inscribed documents and records, including books, maps, films, drawings, abstracts, deeds, mortgages and manuscripts, but does not mean money or securities. B0057 (Rev. 08Dec05) ` P. 4 of 4
76 AMENDING ENDORSEMENT TO VALUABLE PAPERS AND RECORDS FORM B0057 (Rev. 15Nov06) It is understood and agreed that: Item 10. Basis of Settlement, Section (ii) is extended to include the cost of research and other expenses necessarily incurred by the Named Insured to reproduce, replace and restore the contents of valuable paper or records. Item 18. Definitions, Section (j) is extended to include negatives, stockslides, prints, transparencies and material digitally recorded on a hard drive array or disk or solid state device, belonging to the Named Insured or for which the Named Insured is responsible.
77 Sign Floater B0058 (Rev. 08Dec05) Words and phrases in quotation marks have special meaning as defined in Clause Insuring Agreement In the event that any of the property insured be lost, destroyed or damaged by a peril insured against the Insurer will pay the Insured to an amount not exceeding whichever is the least of: (a) the actual cash value of the property at the time of loss or damage; (b) the interest of the Insured in the property; (c) the amount of insurance shown on the Coverage Summary in respect of the property lost or damaged. Provided, however, that where the insurance applies to the property of more than one person or interest, the Insurer s total liability for loss sustained by all such persons and interests shall be limited in the aggregate to the amount or amounts of insurance shown on the Coverage Summary. 2. Property Insured On such signs as shown on the Coverage Summary, the property of the Insured or property of others in the custody or the control of the Insured. 3. Deductible The Insurer is liable for the amount by which the loss or damage caused by any of the perils insured against exceeds the amount of the deductible shown on the Coverage Summary in any one occurrence. 4. Co-Insurance This Insurer shall not be liable for a greater proportion of any loss of or damage to the property described herein than the sum insured bears to 100% of the actual cash value of said property at the time such loss shall happen, nor for more than the proportion which this Form bears to the total insurance thereon. If the insurance under this Form be divided into two or more items, the foregoing shall apply to each item separately. 5. Perils Insured This Form insures against all risks of direct physical loss of or damage to the property shown on the Coverage Summary except as hereinafter provided. 6. A. Property and Perils Excluded This Form does not insure loss, damage or expense caused directly or indirectly by: (a) wear and tear, latent defect or inherent vice, mechanical or electrical breakdown or derangement; (b) gradual deterioration, rodents, insects or vermin, faulty manufacture, faulty installation, dampness of atmosphere, freezing or extremes of temperature; (c) breakage during installation, repairing, dismantling or working upon the property insured nor breakage during transportation unless caused by fire, lightning, collision, derailment or overturning of vehicle; (d) electrical currents other than lightning unless fire or explosion ensues and then only for such destruction or damage as results from such fire or explosion ; (e) the neglect of the Insured to use all reasonable means to save and preserve the property at and after any disaster insured against; (f) (i) or resulting from misappropriation, secretion, conversion, infidelity or any dishonest act on the part of the Insured or other party of interest, the employees or agents of the Insured or any person or persons to whom the property may be entrusted (bailees for hire excepted); (ii) voluntary parting of ownership or title by the Insured to any party whether from a legal or illegal transaction; (iii) loss or shortage disclosed on taking inventory, or any mysterious disappearance. (g) delay, loss of market or loss of use. Nor does this Form insure: (h) loss of or damage to property illegally acquired, kept, stored or transported, or property seized or confiscated for breach of any law or by order of any public authority; (i) loss, destruction or damage caused directly or indirectly: (i) by war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military power; (ii) by any nuclear incident as defined in the Nuclear Liability Act or any other nuclear liability act, law or statute, or any law amendatory thereof or nuclear explosion, except for ensuing loss or damage which results directly from fire, lightning or explosion of natural, coal or manufactured gas; (iii) by contamination by radioactive material; (j) property at locations which to the knowledge of the Insured, are vacant, unoccupied or shut down for more than thirty (30) consecutive days. B0058 (Rev. 08Dec05) P. 1 of 3
78 6. B. Pollution Excluded This Form does not insure against: (a) loss or damage caused directly or indirectly by any actual or alleged spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of pollutants, nor the cost or expense of any resulting clean up, but this exclusion does not apply: (i) if the spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of pollutants is the direct result of a peril not otherwise excluded under this Form; (ii) to loss or damage caused directly by a peril not otherwise excluded under this Form; (b) cost or expense for any testing, monitoring, evaluating or assessing of an actual, alleged, potential or threatened spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of pollutants. 6. C. Data Excluded (i) This Form does not insure Data. (ii) This Form does not insure loss or damage caused directly or indirectly by Data problem. However, if loss or damage caused by Data problem results in the occurrence of further loss of or damage to property insured that is directly caused by fire, explosion, smoke, leakage from fire protective equipment, escape of water from any tank, apparatus or pipe, as described in Clause 12. Definitions, this exclusion (ii) shall not apply to such resulting loss or damage. 7. Territorial Limits This insurance covers only within the territorial limits of Canada and the United States of America. 8. Reinstatement of Limit After Loss Loss under any item of this Form shall not reduce the applicable amount of insurance unless an aggregate limit per policy period is stated to apply in the Coverage Summary or in any endorsement. 9. Subrogation The Insurer, upon making any payment or assuming liability therefor under this Form, shall be subrogated to all rights of recovery of the Insured against others and may bring action to enforce such rights. Notwithstanding the foregoing, all rights of subrogation are hereby waived against any corporation, firm, individual or other interest with respect to which insurance is provided by this Form. Where the net amount recovered, after deducting the cost of recovery, is not sufficient to provide a complete indemnity for the loss or damage suffered, that amount shall be divided between the Insurer and the Insured in the proportion in which the loss or damage has been borne by them respectively. Any release from liability entered into by the Insured prior to loss shall not affect the right of the Insured to recover. 10. Special Basis of Settlement Records: The liability of the Insurer for loss of or damage to media, data storage devices, and programme devices for electronic and electro-mechanical data processing or for electronically controlled equipment, notwithstanding that Data is not insured, shall not exceed the cost of reproducing such media, data storage devices, and programme devices from duplicates or from originals of the previous generation of the media, but no liability is assumed hereunder for the cost of gathering or assembling information or Data for such reproduction. Whichever of the above is applicable shall be the basis to be adopted for the purpose of applying co-insurance. 11. Other Insurance The Insurer is not liable: (a) for more than the portion of any loss or damage covered by this Form which the applicable limit of this Form bears to the total amount of insurance covering against the peril of fire irrespective of whether or not such other insurance gives insurance in respect of the perils covered by this Form whether by endorsement thereto or otherwise; (b) where such other insurance does not insure against loss or damage by fire for more than the excess (if any) of any loss or damage over the applicable limit of any other insurance which would attach if this insurance had not been effected. B0058 (Rev. 08Dec05) P. 2 of 3
79 12. Definitions Wherever used in this Form (including endorsements or other forms attached to and forming part hereof): (a) Clean up means the removal, containment, treatment, decontamination, detoxification, stabilization, neutralization, or remediation of pollutants, including testing which is integral to the aforementioned processes. (b) Coverage Summary means the coverage summary applicable to this Form. (c) Data means representations of information or concepts, in any form. (d) Data problem means: (i) erasure, destruction, corruption, misappropriation, misinterpretation of Data ; (ii) error in creating, amending, entering, deleting or using Data ; or (iii) inability to receive, transmit or use Data. (e) Explosion means explosion. However, except with respect to explosion of natural, coal or manufactured gas, there shall in no event be any liability hereunder for loss or damage caused by explosion, rupture or bursting in or of the following property owned, operated or controlled by the Insured: (i) a) the portions containing steam or water under steam pressure of all boilers generating steam, and piping or other equipment connected to said boilers and containing steam or water under steam pressure; b) piping and apparatus or parts thereof normally containing steam or water under steam pressure from an external source and while under such pressure; c) the combustion chambers or fire boxes of steam generating boilers of the chemical recovery type and the flues or passages which conduct the gases of combustion therefrom; d) smelt dissolving tanks; (ii) other vessels and apparatus, and pipes connected therewith, while under pressure, or while in use or in operation, provided their maximum normal internal working pressure exceeds 103 kilopascals (15 pounds per square inch) above atmospheric pressure except that liability is specifically assumed for loss or damage resulting from the explosion of manually portable gas cylinders; (iii) moving or rotating machinery or parts of same when such loss or damage is caused by centrifugal force or mechanical breakdown; (iv) any vessels and apparatus and pipes connected therewith while undergoing pressure tests, but this exclusion shall not apply to other property insured hereunder that has been damaged by such explosion; (v) gas turbines. The following are not explosions within the intent or meaning of this clause: a) electric arcing or any coincident rupture of electrical equipment due to such arcing; b) bursting or rupture caused by hydrostatic pressure or freezing; c) bursting or rupture of any safety disc, rupture diaphragm or fusible plug. (f) Leakage from fire protective equipment. The term leakage from fire protective equipment means the leakage or discharge of water or other substance from within the equipment used for fire protection purposes for the premises shown on the Coverage Summary or for adjoining premises and loss or damage caused by the fall or breakage or freezing of such equipment. (g) Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including odour, vapour, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. (h) Premises means the entire area within the property lines and areas under adjoining sidewalks and driveways at the locations shown on the Coverage Summary and in or on vehicles within 100 metres (328 ft.) of such locations. (i) Smoke means smoke due to a sudden, unusual and faulty operation of any stationary furnace. There shall in no event be any liability hereunder for any cumulative damage. B0058 (Rev. 08Dec05) P. 3 of 3
80 Exhibition Floater B0061 (Rev. 08Dec05) Words and phrases in quotation marks have special meaning as defined in Clause Insuring Agreement In the event that any of the property insured be lost, destroyed or damaged by a peril insured against the Insurer will pay the Insured to an amount not exceeding whichever is the least of: (a) the actual cash value of the property at the time of loss or damage; (b) the interest of the Insured in the property; (c) the amount of insurance shown on the Coverage Summary in respect of the property lost or damaged. Provided, however, that where the insurance applies to the property of more than one person or interest, the Insurer s total liability for loss sustained by all such persons and interests shall be limited in the aggregate to the amount or amounts of insurance shown on the Coverage Summary. 2. Property Insured On all property usual or incidental to the exhibit of the Insured, consisting principally of the type of article shown on the Coverage Summary, their own, or held in trust or on commission or otherwise held, or for which the Insured may be liable, whilst in transit between any point in Canada and the United States of America and the location shown on the Coverage Summary, whilst there and thence while in transit to any location in Canada and the United States of America, but not beyond the term of this Policy. 3. Perils Insured This Form insures against all risks of direct physical loss or damage, from any external cause except as hereinafter provided. 4. Deductible The Insurer is liable for the amount by which the loss or damage caused by any of the perils insured against exceeds the amount of the deductible shown on the Coverage Summary in any one occurrence. 5. Co-Insurance This Insurer shall be liable in event of loss for no greater proportion thereof than the amount hereby insured bears to the actual cash value of the property insured hereunder at the time such loss shall occur. This condition shall apply separately to each item insured hereunder. 6. A. Property and Perils Excluded This Form does not insure: (a) loss or damage caused by electrical currents other than lightning unless fire or explosion as described in Clause 13.(f)(2) ensues and then only for such destruction or damage as results from such fire or explosion; (b) wear and tear, latent defect or inherent vice, mechanical or electrical breakdown or derangement; (c) loss or damage caused by deterioration, rodents, insects or vermin, corrosion, rust, dampness of atmosphere, freezing or extremes of temperature; (d) loss or damage (unless fire or explosion as described in Clause 13.(f)(2) ensues and then only for the loss or damage caused by such ensuing explosion or fire) sustained while the property insured is actually being worked upon and directly resulting therefrom or caused by any repairing, adjusting or servicing of the property insured; (e) furs, garments trimmed with fur, jewels, jewellery, watches, pearls, precious and semiprecious stones, gold, silver, platinum and other precious metals and alloys; (f) money, securities, stamps, tickets and tokens, accounts, bills, evidence of debt or title; (g) loss or damage occasioned by marring, scratching, denting or breakage of glass or articles of a fragile nature, unless caused by named perils, theft or attempted theft, flood, or collision, derailment or overturn of conveyance; (h) (i) loss, damage or expense caused by or resulting from misappropriation, secretion, conversion, infidelity or any dishonest act on the part of the Insured or other party of interest, the employees or agents of the Insured or any person or persons to whom the property may be entrusted (bailees for hire excepted); (ii) voluntary parting of ownership or title by the Insured to any party whether from a legal or illegal transaction; (iii) loss or shortage disclosed on taking inventory, or any mysterious disappearance. (i) theft from an unattended automobile, unless the insured property is in the custody of a common carrier; B0061 (Rev. 08Dec05) P. 1 of 4
81 6. A. Property and Perils Excluded (continued) (j) loss, destruction or damage caused directly or indirectly: (i) by war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military power; (ii) by any nuclear incident as defined in the Nuclear Liability Act or any other nuclear liability act, law or statute, or any law amendatory thereof or nuclear explosion, except for ensuing loss or damage which results directly from fire, lightning or explosion of natural, coal or manufactured gas; (iii) by contamination by radioactive material; (k) property illegally acquired, kept, stored or transported; property seized or confiscated for breach of any law or by order of any public authority; (l) loss or damage caused directly or indirectly by delay, loss of market or loss of use or occupancy. 6. B. Pollution Excluded This Form does not insure against: (a) loss or damage caused directly or indirectly by any actual or alleged spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of pollutants, nor the cost or expense of any resulting clean up, but this exclusion does not apply: (i) if the spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of pollutants is the direct result of a peril not otherwise excluded under this Form; (ii) to loss or damage caused directly by a peril not otherwise excluded under this Form; (b) cost or expense for any testing, monitoring, evaluating or assessing of an actual, alleged, potential or threatened spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of pollutants. 6. C. Data Excluded (i) This Form does not insure Data. (ii) This Form does not insure loss or damage caused directly or indirectly by Data problem. However, if loss or damage caused by Data problem results in the occurrence of further loss of or damage to property insured that is directly caused by fire, explosion, smoke, leakage from fire protective equipment, escape of water from any tank, apparatus or pipe, all as described in Clause 13.(f) Named Perils, this exclusion (ii) shall not apply to such resulting loss or damage. 7. Breach of Conditions Where a loss occurs and there has been a breach of conditions relating to a matter before the happening of the loss, which breach would otherwise disentitle the Insured from recovery under this Form, the breach shall not disentitle the Insured from recovery if the Insured establishes that the loss was not caused or contributed to by the breach of condition or if the breach of condition occurred in any portion of the premises over which the Insured has no control. 8. Reinstatement of Limit After Loss Loss under any item of this Form shall not reduce the applicable amount of insurance unless an aggregate limit per policy period is stated to apply in the Coverage Summary or in any endorsement. 9. Subrogation The Insurer, upon making any payment or assuming liability therefor under this Form, shall be subrogated to all rights of recovery of the Insured against others and may bring action to enforce such rights. Notwithstanding the foregoing, all rights of subrogation are hereby waived against any corporation, firm, individual or other interest with respect to which insurance is provided by this Form. Where the net amount recovered, after deducting the cost of recovery, is not sufficient to provide a complete indemnity for the loss or damage suffered, that amount shall be divided between the Insurer and the Insured in the proportion in which the loss or damage has been borne by them respectively. Any release from liability entered into by the Insured prior to loss shall not affect the right of the Insured to recover. B0061 (Rev. 08Dec05) P. 2 of 4
82 10. Special Basis of Settlement Records: The liability of the Insurer for loss of or damage to media, data storage devices, and programme devices for electronic and electro-mechanical data processing or for electronically controlled equipment, notwithstanding that Data is not insured, shall not exceed the cost of reproducing such media, data storage devices, and programme devices from duplicates or from originals of the previous generation of the media, but no liability is assumed hereunder for the cost of gathering or assembling information or Data for such reproduction. Whichever of the above is applicable shall be the basis to be adopted for the purpose of applying co-insurance. 11. Other Insurance The Insurer is not liable: (a) for more than the portion of any loss or damage covered by this Form which the applicable limit of this Form bears to the total amount of insurance covering against the peril of fire irrespective of whether or not such other insurance gives insurance in respect of the perils covered by this Form whether by endorsement thereto or otherwise; (b) where such other insurance does not insure against loss or damage by fire for more than the excess (if any) of any loss or damage over the applicable limit of any other insurance which would attach if this insurance had not been effected. 12. Packing Warranty Warranted by the Insured that the property insured hereunder be packed and unpacked by competent packers. 13. Definitions Wherever used in this Form (including endorsements or other forms attached to and forming part hereof): (a) Clean up means the removal, containment, treatment, decontamination, detoxification, stabilization, neutralization or remediation of pollutants, including testing which is integral to the aforementioned processes. (b) Coverage Summary means the coverage summary applicable to this Form. (c) Data means representations of information or concepts, in any form. (d) Data problem means: (i) erasure, destruction, corruption, misappropriation, misinterpretation of Data ; (ii) error in creating, amending, entering, deleting or using Data ; or (iii) inability to receive, transmit or use Data. (e) Fire Protective Equipment includes tanks, watermains, hydrants, valves and any other equipment used solely for fire protection or jointly for fire protection and for other purposes, but does not include: (i) branch piping from a joint system where such branches are used entirely for purposes other than fire protection; (ii) any watermains or appurtenances located outside of the described premises and forming a part of the public water distribution system; (iii) any pond or reservoir in which the water is impounded by a dam. (f) Named Perils means: (1) Fire or Lightning. (2) Explosion: However, except with respect to explosion of natural, coal or manufactured gas, there shall in no event be any liability hereunder for loss or damage caused by explosion, rupture or bursting in or of the following property owned, operated or controlled by the Insured: (i) a) the portions containing steam or water under steam pressure of all boilers generating steam, and piping or other equipment connected to said boilers and containing steam or water under steam pressure; b) piping and apparatus or parts thereof normally containing steam or water under steam pressure from an external source and while under such pressure; c) the combustion chambers or fire boxes of steam generating boilers of the chemical recovery type and the flues or passages which conduct the gases of combustion therefrom; d) smelt dissolving tanks; (ii) other vessels and apparatus, and pipes connected therewith, while under pressure, or while in use or in operation, provided their maximum normal internal working pressure exceeds 103 kilopascals (15 pounds per square inch) above atmospheric pressure except that liability is specifically assumed for loss or damage resulting from the explosion of manually portable gas cylinders; (iii) moving or rotating machinery or parts of same when such loss or damage is caused by centrifugal force or mechanical breakdown; B0061 (Rev. 08Dec05) P. 3 of 4
83 13. Definitions (continued) (f) Named Perils (continued) (iv) any vessels and apparatus and pipes connected therewith while undergoing pressure tests, but this exclusion shall not apply to other property insured hereunder that has been damaged by such explosion; (v) gas turbines. The following are not explosions within the intent or meaning of this clause: a) electric arcing or any coincident rupture of electrical equipment due to such arcing; b) bursting or rupture caused by hydrostatic pressure or freezing; c) bursting or rupture of any safety disc, rupture diaphragm or fusible plug. (3) Impact by Aircraft, Spacecraft or Land Vehicle: The terms aircraft and spacecraft include articles dropped therefrom. There shall in no event be any liability hereunder due to cumulative damage or for loss or damage: (i) caused by land vehicles belonging to or under the control of the Insured or any of his employees; (ii) to aircraft, spacecraft or land vehicles causing the loss; (iii) caused by any aircraft or spacecraft when being taxied or moved inside or outside of buildings; (4) Riot, Vandalism or Malicious Acts: The term riot includes open assemblies of strikers inside or outside the premises who have quitted work and of locked-out employees. There shall in no event be any liability hereunder for loss or damage: (i) due to cessation of work or by interruption to process or business operations or by change(s) in temperature; (ii) due to flood or release of water impounded by a dam, or due to any explosion other than an explosion in respect of which there is insurance under Clause 13.(f)(2); (iii) due to theft or attempted theft. (5) Smoke: The term smoke means smoke due to a sudden, unusual and faulty operation of any stationary furnace. There shall in no event be any liability hereunder for any cumulative damage. (6) Leakage from Fire Protective Equipment : The term leakage from fire protective equipment means the leakage or discharge of water or other substance from within the equipment used for fire protection purposes for the premises shown on the Coverage Summary or for adjoining premises and loss or damage caused by the fail or breakage or freezing of such equipment. (7) Windstorm or Hail: There shall in no event be any liability hereunder for loss or damage: (i) to the interior of the buildings insured or their contents unless damage occurs concurrently with and results from an aperture caused by windstorm or hail; (ii) directly or indirectly caused by any of the following, whether driven by wind or due to windstorm or not, snowload, ice-load, tidal wave, high water, overflow, flood, waterborne objects, waves, ice, land subsidence, landslip. (8) Escape of water from any tank, apparatus or pipe. (g) Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including odour, vapour, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. B0061 (Rev. 08Dec05) P. 4 of 4
84 Transportation B0062 (Rev. 20Dec07) Words and phrases in quotation marks have special meaning as defined in Clause Insuring Agreement In the event that any of the property insured be lost, destroyed or damaged by a peril insured against, the Insurer will pay the Insured to an amount not exceeding the amount of insurance shown on the Coverage Summary, including salvage charges or other expenses all combined in any one loss or series of losses arising from the same event, in respect of the property lost or damaged. Provided, however, that where the insurance applies to the property of more than one person or interest, the Insurer s total liability for loss sustained by all such persons and interests shall be limited in the aggregate to the amount or amounts of insurance shown on the Coverage Summary. 2. Property Insured This Form insures property as shown on the Coverage Summary, the property of the Insured or for which the Insured is responsible, or sold but not delivered. 3. Deductible The Insurer is liable for the amount by which the loss or damage caused by any of the perils insured against exceeds the amount of the deductible shown on the Coverage Summary in any one occurrence. 4. Attachment and Duration This insurance attaches from the time the property of the Insured leaves the warehouse or place of storage at the place of origin for the commencement of the transit, continues during the ordinary course of transit and terminates either: (a) on delivery to the Consignees or other final warehouse or place of storage at the destination ; or (b) on delivery to any other warehouse or place of storage, whether prior to or at the destination, which the Insured elects to use either: (i) for storage other than in the ordinary course of transit; or (ii) for allocation or distribution. 5. Perils Insured This Form insures against all risks of direct physical loss or damage from any external cause except as herein provided. 6. A. Property Excluded This Form does not insure the following property: (a) property illegally acquired, kept, stored or transported; or property seized or confiscated for any breach of any law or by order of any public authority; (b) accounts, bills, currency, deeds, evidence of debt, money, notes, securities, cheques, credit cards or other similar valuables; (c) equipment of any truck owned or operated by the Insured, whether such equipment is the property of the Insured or others; (d) animals, unless specifically shown on the Coverage Summary in which event the Insurer shall only be liable for claims arising from death or from injury rendering death immediately necessary in consequence of a peril insured against and not excluded elsewhere herein; (e) antiques, paintings, statuary, or other works of art and articles of virtu unless specifically shown on the Coverage Summary ; (f) furs, jewels, jewellery, watches, pearls, or other precious and semi-precious stones, gold, silver, platinum or other similar valuables; (g) tobacco, tobacco products, alcohol or alcoholic beverages unless specifically shown on the Coverage Summary ; (h) property while waterborne except while being transported on any regular ferry or in or on railway car transfer barge in connection with land transportation; (i) shipments that have been either refused or are returned by the receiver unless returned at the direction of the Insured and such shipments are declared to the Insurer for the purpose of computing premium as provided for herein; (j) samples or containers while in the care, custody, or control of the Insured s sales representatives; (k) laptops, personal digital assistants (PDAs) and other similar mobile computer equipment and related attached and detachable hardware, system boards, memory chips, microchips, hard disks, removable media drives, and similar electronic data processing equipment for use with computers and software; (l) property carried by the Insured under a contract or agreement of hauling or as bailee for hire. 6. B. Perils Excluded This Form does not insure: (a) delay, loss of market or loss of use; B0062 (Rev. 20Dec07) P. 1 of 5
85 6. B. Perils Excluded (continued) (b) loss or damage caused by or resulting from mechanical breakdown, latent defect, inherent vice, deterioration, wear and tear, rodents, insects or vermin; (c) (i) loss, damage or expense caused by or resulting from misappropriation, secretion, conversion, infidelity or any dishonest act on the part of the Insured or other party of interest, the employees or agents of the Insured or any person or persons to whom the property may be entrusted; (ii) voluntary parting of ownership or title by the Insured to any party whether from a legal or illegal transaction; (iii) loss or shortage disclosed on taking inventory, or any mysterious disappearance; (d) loss or damage caused by or resulting from any change of temperature resulting from breakdown or failure of any refrigeration, cooling or heating apparatus (including connections or supply pipes); (e) against loss or damage resulting from inadequate packing or improper preparation for shipment when performed by the Insured; (f) against loss or damage resulting from insecure stowage when stowed by the Insured; (g) against loss, destruction or damage caused directly or indirectly: (i) by war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military power; (ii) by any nuclear incident as defined in the Nuclear Liability Act or any other nuclear liability act, law or statute, or any law amendatory thereof or nuclear explosion, except for ensuing loss or damage which results directly from fire, lightning or explosion of natural, coal or manufactured gas; (iii) by contamination by radioactive material; (iv) by confiscation, requisition or damage by order of any government or other officials, customs agents or authorities; (h) loss or damage caused by or resulting from dampness of atmosphere, dryness of atmosphere, freezing or extremes of temperature, heating, shrinkage, evaporation, loss of weight or volume, leakage of contents, breakage, marring, scratching, crushing, rust, corrosion, contamination, exposure to light, exposing the property to rain, snow or sleet or change in flavour, colour, texture or finish unless such loss or damage is caused directly by a peril not otherwise excluded; (i) loss or damage caused by or resulting from neglect by the Insured to use all reasonable means to save and preserve the property at and after the disaster covered hereunder, or when the property is endangered; (j) loss or damage caused by or resulting from strikes, lockouts, labour disturbances, riots, civil commotions or the acts of any person or persons taking part in any such occurrence or disorder. 6. C. Pollution Excluded This Form does not insure against: (a) loss or damage caused directly or indirectly by any actual or alleged spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of pollutants, nor the cost or expense of any resulting clean up, but this exclusion does not apply: (i) if the spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of pollutants is the direct result of a peril not otherwise excluded under this Form; (ii) to loss or damage caused directly by a peril not otherwise excluded under this Form; (b) cost or expense for any testing, monitoring, evaluating or assessing of an actual, alleged, potential or threatened spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of pollutants. 6. D. Data Excluded (i) This Form does not insure Data. (ii) This Form does not insure loss or damage caused directly or indirectly by Data problem. However, if loss or damage caused by Data problem results in the occurrence of further loss of or damage to property insured that is directly caused by fire, explosion, smoke, leakage from fire protective equipment, escape of water from any tank, apparatus or pipe, all as described in Clause 20. (h) Named Perils, this exclusion (ii) shall not apply to such resulting loss or damage. 6. E. Fungi and Fungal Derivatives Excluded This Form does not insure: (a) loss or damage consisting of or caused directly or indirectly, in whole or in part, by any fungi or spores unless such fungi or spores are directly caused by or directly result from a peril otherwise insured and not otherwise excluded by this Form; (b) the cost or expense for any testing, monitoring, evaluating or assessing of fungi or spores. 7. Territorial Limits Subject to the provisions of Clause 4 of this Form, the property insured is covered anywhere within the territorial limits of Canada and the United States of America. 8. Report of Shipments It is a condition of this Form that the Insured will keep an accurate record of all shipments of the property insured made during the term of the Policy and report them to the Insurer as required by the Premium Adjustment Clause (Item 9). B0062 (Rev. 20Dec07) P. 2 of 5
86 9. Premium Adjustment This clause is applicable if shown as adjustable and a specific adjustment rate is shown on the Coverage Summary. Within thirty (30) days after the termination or expiration of this Policy the Insured shall report to the Insurer in writing the total value of all shipments of the property insured made during the term of the Policy. The actual earned premium shall be calculated on the total value of shipments reported at the rate per hundred dollars ($100) of shipments as shown on the Coverage Summary. If the premium so calculated exceeds the premium paid, the Insured will pay to the Insurer the amount of such excess. If such premium is less than the premium paid, the Insurer will, subject to a minimum retained premium shown on the Coverage Summary, refund to the Insured the amount of the difference. In the event of loss originating within the term of this Policy, the premium for the full term of this insurance on the full amount paid or payable for such loss shall be regarded as earned and no return premium shall be allowed in respect thereof. 10. Records It is warranted by the Insured that a detailed record of all property at risk hereunder will be maintained, which record shall be open for inspection by duly authorized representatives of the Insurer at all reasonable times during the Policy Period and for one (1) year thereafter. 11. Valuation (a) The property insured (other than machinery shipped as cargo) is agreed to be valued in the event of loss or damage at the actual invoice cost including prepaid freight together with such costs and charges since shipment as may have accrued and become legally due thereon and all premiums under this Form shall be paid on this basis. In the event of there being no invoice, the valuation of the property insured shall be the actual cash value of the article or articles insured at point of destination on the day of the disaster. (b) Machinery shipped as Cargo In calculating the total value of the property insured for loss adjustment, other than total loss, the following applies: (i) New Machinery: the Insurer will pay the replacement cost of the damaged part or parts; (ii) Used Machinery: the Insurer will pay the actual cash value of the damaged part or parts; however, the Insurer shall in no event pay more than the value of the complete machine. 12. Brands and Trademarks It is agreed that the salvage value of damaged property bearing a brand, trademark, guarantee, name or other evidence of the Insured s interest, is determined after the removal of all such marks. However, if the removal of such marks is impossible or impractical, the contents shall be transferred into plain bulk packing, and the Insured, at his expense, may: i) stamp salvage on the contents or its containers; or ii) remove or obliterate the marks and relabel the contents or its containers in compliance with the requirement of law. 13. Labels In the event of loss affecting labels, capsules, or wrappers, the loss shall be adjusted on the basis of an amount sufficient to pay the cost to the Insured of new labels, capsules, or wrappers, and of relabelling or rewrapping the property, but in no event shall this exceed the value of the damaged property. 14. Impairment of Recovery In the event of any loss of or damage to property insured hereunder, the Insured shall immediately make claim in writing against the carrier involved. In the event of any agreement by the Insured, prior or subsequent hereto, whereby any right of recovery of the Insured for loss of or damage to any property insured hereunder, against any person or corporation, is released, impaired or lost, which would on acceptance of an abandonment or payment of a loss by the Insurer, have inured to its benefit, but for such agreement, the Insurer shall not be bound to pay any loss, but its right to retain or recover the premium shall not be affected. The Insured may, however, without prejudice to this insurance accept such bill of lading, receipt or contracts of transportation as are ordinarily issued by carriers containing a limitation as to the value of goods or merchandise being transported. 15. Recoveries from Salvage The Insurer, upon making payment for a loss shall have full right to recoveries from salvage. 16. Other Insurance It is understood and agreed that any insurance granted herein shall not cover when there is any other insurance covering the liability of the Insured, whether prior to or subsequent hereto and by whosoever effected, which would attach if this Form had not been issued. It is, however, understood and agreed that if under the terms of such other insurance, (in the absence of this Form) the liability would be for a lesser amount than would have been recoverable under this Form (in the absence of such other policy), then this Form attaches on the difference. 17. Reinstatement of Limit After Loss Loss under any item of this Form shall not reduce the applicable amount of insurance unless an aggregate limit per policy period is stated to apply in the Coverage Summary or in any endorsement. B0062 (Rev. 20Dec07) P. 3 of 5
87 18. Extension of Coverage The following extensions of coverage shall not increase the amounts of insurance applying under this Form and are subject to all conditions of this Form: (a) Fumigation This Form insures the direct physical loss or damage to the property insured caused by government ordered fumigation. (b) Container Demurrage Charges This Form extends to cover demurrage charges and late penalties assessed against, and paid by, the Insured for late return of containers when said containers are retained by the Insured at the instruction of the Insurer for inspection in investigation of loss or damage provided under this Form. The Insurer shall only pay for said charges and penalties incurred from the time the Insurer instructs the Insured to retain the containers for the inspection to the time the Insurer instructs the Insured to return the containers. (c) Forwarding Charges Where, as a result of a peril insured by this Form the transit is terminated at a place other than that to which the property insured is covered under this Form, the Insurer will reimburse the Insured for any extra charges properly and reasonably incurred in unloading, storing and forwarding the property insured to the destination to which it is insured hereunder. (d) Consolidation, Packing & Repacking This Form will cover property insured while on the premises of freight forwarders, export packers, consolidators, truckers, warehousemen or other premises for packing, repacking, or consolidation, incidental to and in the ordinary course of transit. (e) Sellers Contingency Cover This Form extends to cover the Insured s contingent financial interest in any property where the Insured has no responsibility to insure under the terms of sale or where the cover provided is more restrictive than that afforded under this Form. Where interest in the property reverts to the Insured for any reason during transit, such property shall be covered continuously during any reasonable period while awaiting resale or return including any additional transit resultant upon such resale or return. The cover provided is however limited to loss or damage which would otherwise be recoverable under the terms and conditions of this Form but only up to the extent that the Insured is unable to recover such loss or damage under the insurance effected by the buyer, provided that: (i) the existence of this extension is not to be disclosed to any other parties interested in the shipment(s); (ii) immediate notice must be given to the Insurer of any known loss of or damage to the property covered under this extension or any known circumstances which may render this extension operative; (iii) the Insured must in the first instance take all reasonable steps to invoke the terms of the contract of sale and obtain reimbursement from the buyers or any other interested parties; and (iv) in the event of any claim settlement under this extension, all the Insured s rights of recovery against buyers or any other interested parties will be subrogated to the Insurer. 19. Termination of Contract of Carriage If owing to circumstances beyond the control of the Insured either the contract of carriage is terminated at a place other than the destination, or the transit is otherwise terminated before delivery of the property as provided for in Clause 4, then this insurance shall also terminate unless prompt notice is given to the Insurer and continuation of cover is requested in which case the insurance shall remain in force, subject to an additional premium if required by the Insurer, either: 1. until the property is sold and delivered at such place, or, unless otherwise specially agreed, until the expiry of 14 days after arrival of the property hereby insured at such place, whichever shall first occur; or 2. if the property is forwarded within the said period of 14 days (or any agreed extension thereof) to the destination or to any other destination, until terminated in accordance with the provisions of Clause Definitions Wherever used in this Form (including endorsements or other forms attached to and forming part hereof): (a) Clean up means the removal, containment, treatment, decontamination, detoxification, stabilization, neutralization or remediation of pollutants, including testing which is integral to the aforementioned processes. (b) Coverage Summary means the Coverage Summary applicable to this Form. (c) Data means representations of information or concepts, in any form. (d) Data problem means: (i) erasure, destruction, corruption, misappropriation, misinterpretation of Data ; (ii) error in creating, amending, entering, deleting or using Data ; or (iii) inability to receive, transmit or use Data. (e) Demurrage means a charge for detaining a shipping container. (f) Destination means a place named on the bill of lading, invoice or waybill evidencing the contract of carriage or sale of the property to be insured. (g) Fungi includes, but is not limited to, any form or type of mould, yeast, mushroom or mildew whether or not allergenic, pathogenic or toxigenic, and any substance, vapour or gas produced by, emitted from or arising out of any fungi or spores or resultant mycotoxins, allergens, or pathogens. B0062 (Rev. 20Dec07) P. 4 of 5
88 20. Definitions (continued) (h) Named Perils means: (1) Fire. (2) Explosion: However, except with respect to explosion of natural, coal or manufactured gas, there shall in no event be any liability hereunder for loss or damage caused by explosion, rupture or bursting in or of the following property owned, operated or controlled by the Insured: (i) a) the portions containing steam or water under steam pressure of all boilers generating steam, and piping or other equipment connected to said boilers and containing steam or water under steam pressure; b) piping and apparatus or parts thereof normally containing steam or water under steam pressure from an external source and while under such pressure; c) the combustion chambers or fire boxes of steam generating boilers of the chemical recovery type and the flues or passages which conduct the gases of combustion therefrom; d) smelt dissolving tanks; (ii) other vessels and apparatus, and pipes connected therewith, while under pressure, or while in use or in operation, provided their maximum normal internal working pressure exceeds 103 kilopascals (15 pounds per square inch) above atmospheric pressure except that liability is specifically assumed for loss or damage resulting from the explosion of manually portable gas cylinders; (iii) moving or rotating machinery or parts of same when such loss or damage is caused by centrifugal force or mechanical breakdown; (iv) any vessels and apparatus and pipes connected therewith while undergoing pressure tests, but this exclusion shall not apply to other property insured hereunder that has been damaged by such explosion; (v) gas turbines. The following are not explosions within the intent or meaning of this clause: a) electric arcing or any coincident rupture of electrical equipment due to such arcing; b) bursting or rupture caused by hydrostatic pressure or freezing; c) bursting or rupture of any safety disc, rupture diaphragm or fusible plug. (3) Smoke: The term smoke means smoke due to a sudden, unusual and faulty operation of any stationary furnace. There shall in no event be any liability hereunder for any cumulative damage. (4) Leakage from Fire Protective Equipment : The term leakage from fire protective equipment means the leakage or discharge of water or other substance from within the equipment used for fire protection purposes. (5) Escape of water from any tank, apparatus or pipe. (i) Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including odour, vapour, fumes, acids, (j) alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. Replacement cost means the cost of replacing, repairing, constructing or reconstructing (whichever is the least amount) with a new part or parts of like kind and quality. If that new part or parts of like kind and quality are not obtainable, then a new part or parts, which are similar to and capable of performing the same function, shall be deemed to be a new part or parts of like kind and quality. (k) Spores includes, but is not limited to, one or more reproductive particles or microscopic fragments produced by, emitted from or arising out of any fungi. B0062 (Rev. 20Dec07) P. 5 of 5
89 Extra Expense (Broad Form) B0112 (Rev. 08Dec05) Words and phrases in quotation marks have special meaning as defined in Clause Insuring Agreement and Amount of Insurance This Form insures, up to the amount shown on the Coverage Summary, the Insured s interest in the necessary extra expense incurred by the Insured in order to continue as nearly as practicable the normal conduct of the Insured s business following damage to or destruction by all risks of direct physical destruction or damage, except as hereafter excluded, to the building(s) or additions thereto or contents thereof, for not exceeding the period of restoration. However, if media for, or programming records pertaining to, electronic data processing or electronically controlled equipment including Data thereon be lost or damaged by a peril insured against then the period of restoration in respect thereof shall not extend beyond: (i) 30 consecutive days after the occurrence of such direct physical damage or destruction; or (ii) the date upon which liability ceased under this Form for loss arising from other property lost or damaged by the same occurrence; whichever shall be the later. 2. Resumption of Operations As soon as practicable after any loss, the Insured shall resume complete or partial business operations of the property described and, insofar as practicable, reduce or dispense with such extra expenses as are being incurred. 3. Deductible The Insurer is liable for the amount by which the loss or damage caused by any of the perils insured against exceeds the amount of the deductible shown on the Coverage Summary in any one occurrence. 4. A. Property Excluded This Insurer is not liable for the extra expense arising from loss of or damage to: (a) sewers, drains or watermains located beyond the outside bearing walls or foundations of the property insured, outside communication towers, antennae (including satellite receivers) and equipment attached thereto, street clocks, exterior signs, exterior glass or vitrolite and lettering or ornamentation thereon, but this exclusion does not apply to loss or damage caused directly by named perils, provided such perils are not excluded in Clause 4. B. or C. hereof; (b) property at locations which to the knowledge of the Insured are vacant, unoccupied or shut down for more than thirty (30) consecutive days; (c) electrical devices, appliances or wiring caused by artificially generated electrical currents, including arcing, unless fire or explosion as described in Clause 13. (k) ensues and then only for such ensuing loss or damage; (d) growing plants, trees, shrubs or flowers, all while in the open; (e) animals, fish or birds, but this exclusion does not apply to loss caused directly by named perils or from theft or attempted theft, provided such perils are not excluded in Clause 4. B. or C. hereof; (f) money, bullion, platinum and other precious metals and alloys, securities, stamps, tickets and tokens, evidence of debt or title; (g) automobiles, watercraft, amphibious or air cushion vehicles, aircraft, spacecraft, trailers, motors or other accessories attached to or mounted on such property, but this exclusion shall not apply to watercraft, amphibious or air cushion vehicles held for sale, unlicensed automobiles or unlicensed trailers used in the business of the Insured when on the premises of the Insured; (h) furs, fur garments, jewels, jewellery, costume jewellery, watches, pearls, precious and semi-precious stones, but this exclusion does not apply to any loss caused directly by named perils provided such perils are not excluded in Clause 4. B. or C. hereof; (i) property insured under the terms of any marine insurance, and property while waterborne; (j) property illegally acquired or kept, property seized or confiscated for breach of any law or by order of any public authority; (k) (i) any pressure vessel having normal internal working pressure greater than 103 kilopascals (15 pounds per square inch) above atmospheric pressure; B0112 (Rev. 08Dec05) P. 1 of 7
90 4. A. Property Excluded (continued) (ii) any boiler, including the piping and equipment connected thereto, which contains steam or water under steam pressure (except tanks having an internal diameter of 610 millimetres (24 inches) or less used for the storage of hot water for domestic use); caused directly or indirectly by explosion, rupture, bursting, cracking, burning out or bulging of such property while connected ready for use, but this exclusion does not apply to: (a) manually portable gas cylinders; (b) explosion of natural, coal or manufactured gas; (c) explosion of gas or unconsumed fuel within a furnace or within the gas passages therefrom to the atmosphere. 4. B. Perils Excluded This insurer is not liable for the extra expense arising from loss or damage caused directly or indirectly: (a) by earthquake, except for ensuing loss or damage which results directly from fire, explosion, smoke or leakage from fire protective equipment, all as described in Clause 13. (k); (b) by flood, including waves, tides, tidal waves, tsunamis and the rising of, the breaking out or the overflow of, any body of water, whether natural or man-made, but this exclusion does not apply to ensuing loss or damage which results directly from fire, explosion, smoke or leakage from fire protective equipment, all as described in Clause 13. (k) or from a watermain; (c) (i) by seepage, leakage or influx of water derived from natural sources through basement walls, doors, windows or other openings therein, foundations, basement floors, sidewalks, sidewalk lights, or by the backing up of sewers, sumps, septic tanks or drains, unless concurrently and directly caused by a peril not otherwise excluded in clause 4. B. or C. hereof; (ii) by the entrance of rain, sleet or snow through doors, windows, skylights or other similar wall or roof openings unless through an aperture concurrently and directly caused by a peril not otherwise excluded in Clause 4. B. or C. hereof; (d) by centrifugal force, mechanical or electrical breakdown or derangement in or on the premises, unless fire ensues and then only for the loss or damage caused directly by such ensuing fire; (e) by dampness or dryness of atmosphere, changes of temperature, freezing, heating, shrinkage, evaporation, loss of weight, leakage of contents, exposure to light, contamination, change in colour or texture or finish, rust or corrosion, marring, scratching or crushing, but this exclusion does not apply to loss or damage caused directly by named perils or rupture of pipes or breakage of apparatus not excluded under paragraph (k) of Clause 4. A. hereof, theft or attempted theft, provided such perils are not otherwise excluded in Clause 4. B. or C. hereof. Damage to pipes caused by freezing is insured provided such pipes are not excluded in paragraph (k) of Clause 4. A. hereof; (f) by smoke from agricultural smudging or industrial operations; (g) by rodents, insects or vermin, but this exclusion does not apply to loss or damage caused directly by a peril not otherwise excluded in Clause 4. B. or C. hereof; (h) by war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military power; (i) (i) by any nuclear incident as defined in the Nuclear Liability Act or any other nuclear liability act, law or statute, or any law amendatory thereof or nuclear explosion, except for ensuing loss or damage which results directly from fire, lightning or explosion of natural, coal or manufactured gas; (ii) by contamination by radioactive material; (j) (i) by loss, damage or expense caused by or resulting from misappropriation, secretion, conversion, infidelity or any dishonest act on the part of the Insured or other party of interest, the employees or agents of the Insured or any person or persons to whom the property may be entrusted; (ii) by voluntary parting of ownership or title by the Insured to any party whether from a legal or illegal transaction; (iii) by loss or shortage disclosed on taking inventory, or any mysterious disappearance. (k) to building(s) by: (i) by snowslide, landslide, subsidence or other earth movement, except for ensuing loss or damage which results directly from fire, explosion, smoke or leakage from fire protective equipment, all as described in Clause 13. (k); (ii) explosion (except with respect to explosion of natural, coal or manufactured gas), collapse, rupture, bursting, cracking, burning out or bulging of the following property owned, operated or controlled by the Insured, unless fire ensues and then only for the loss or damage caused directly by such ensuing fire: (a) the portions containing steam or water under steam pressure of all boilers generating steam, and piping or other equipment connected to said boilers and containing steam or water under steam pressure; (b) piping and apparatus or parts thereof normally containing steam or water under steam pressure from an external source and while under such pressure; B0112 (Rev. 08Dec05) P. 2 of 7
91 4. B. Perils Excluded (continued) (c) other vessels and apparatus and pipes connected therewith while under pressure, or while in use or in operation provided their maximum normal internal working pressure exceeds 103 kilopascals (15 pounds per square inch) above atmospheric pressure, but this exclusion does not apply to loss or damage resulting from the explosion of manually portable gas cylinders or of tanks having an internal diameter of 610 millimetres (24 inches) or less used for the heating and storage of hot water for domestic use; (d) moving or rotating machinery or parts thereof; (e) any vessels and apparatus and pipes connected therewith while undergoing pressure test but this exclusion does not apply to other property insured hereunder that has been damaged by such explosion; (f) gas turbines; (iii) by settling, expansion, contraction, moving, shifting or cracking unless concurrently and directly caused by a peril not otherwise excluded in Clause 4. B. or C. hereof. (l) by wear and tear, gradual deterioration, latent defect, inherent vice, or the cost of making good faulty or improper material, faulty or improper workmanship, faulty or improper design, provided however, to the extent otherwise insured and not otherwise excluded under this Form, loss from resultant damage to the property is insured; (m) by loss or damage sustained to contents while actually being worked upon and directly resulting therefrom or caused by any repairing, adjusting or servicing of contents, unless fire or explosion as described in Clause 13. (k) ensues and then only for the loss caused by such ensuing fire or explosion; Nor is this insurer liable for extra expense arising from: (n) any increase of loss directly or indirectly, proximately or remotely, resulting from, or contributed to by, the operation of any by-law, ordinance or law regulating zoning or the demolition, repair or construction of buildings or structures, unless the liability is otherwise specifically assumed by endorsement hereon; (o) any increase of loss caused by delays or loss of time due to the presence of strikers or other persons or to labour disturbances on or about the premises interfering with the rebuilding, repairing, or replacing the property damaged or destroyed or the resumption or continuation of business or free access to or control of the premises or due to the action of sympathetic strikers elsewhere; (p) loss due to fines or damages for breach of contract, for late or non-completion of orders, or for any penalties of whatever nature; (q) loss due to the suspension, lapse or cancellation of any lease or license, contract or order, which may affect the Insured s earnings after the period following any loss during which indemnity is payable; (r) the cost of compiling books of accounts, abstracts, drawings, card index systems or other records including film, tape, disc, drum, cell or other magnetic recording or storage software for electronic data processing. 4. C. Pollution Exclusion This Form does not insure against: (a) loss or damage caused directly or indirectly by any actual or alleged spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of pollutants, nor the cost or expense of any resulting clean up, but this exclusion does not apply: (i) if the spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of pollutants is the direct result of a peril not otherwise excluded under this Form; (ii) to loss or damage caused directly by a peril not otherwise excluded under this Form; (b) cost or expense for any testing, monitoring, evaluating or assessing of an actual, alleged, potential or threatened spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of pollutants. 4. D. Data Excluded Subject to (a) and (b) following, the Insurer shall not be liable for loss of extra expense directly or indirectly caused by Data problem. (a) If Data problem results in direct physical loss of or damage to property at the premises caused by: (i) fire; (ii) explosion; (iii) smoke; (iv) leakage from fire protective equipment; (v) escape of water from any tank, apparatus or pipe; all as described in Clause 13. (k) Named Perils, this exclusion shall not apply to resulting loss of extra expense suffered through such resulting loss or damage. B0112 (Rev. 08Dec05) P. 3 of 7
92 4. D. Data Excluded (continued) (b) If Data problem is the direct result of: (i) fire; (ii) lightning; (iii) explosion; (iv) impact by aircraft, spacecraft or land vehicle; (v) smoke; (vi) leakage from fire protective equipment; (vii) windstorm or hail; (viii) escape of water from any tank, apparatus or pipe; all as described in Clause 13. (k) Named Perils, at the premises this exclusion shall not apply. 4. E. Fungi and Fungal Derivatives Exclusion This Insurer is not liable for loss of extra expense resulting from: (a) loss or damage consisting of or caused directly or indirectly, in whole or in part, by any fungi or spores unless such fungi or spores are directly caused by or directly result from a peril otherwise insured and not otherwise excluded by this Form; (b) the cost or expense for any testing, monitoring, evaluating or assessing of fungi or spores. 5. Interruption by Civil Authority This Form is extended to include the actual loss as insured hereunder during the period of time, not exceeding two (2) weeks, while access to the described premises is prohibited by order of civil authority, but only when such order is given as a direct result of damage to neighboring premises by a peril insured against. The liability of the Insurer, as respects each suspension of business, shall not attach until the period of suspension exceeds fortyeight (48) hours and then the Insurer shall be liable only for the continuing period of suspension in excess of forty-eight (48) hours. 6. Permission Permission is hereby granted: (a) for other insurance concurrent with this Form; (b) to make additions, alterations or repairs; (c) to do such work and to keep and use such articles, materials, and supplies in such quantities as are usual or necessary to the Insured s business. 7. Breach of Conditions Where a loss occurs and there has been a breach of condition relating to a matter before the happening of the loss, which breach would otherwise disentitle the Insured from recovery under this Form, the breach shall not disentitle the Insured from recovery if the Insured establishes that the loss was not caused or contributed to by the breach of condition or if the breach of condition occurred in any portion of the premises over which the Insured has no control. 8. Reinstatement of Limit After Loss Loss under any item of this Form shall not reduce the applicable amount of insurance unless an aggregate limit per policy period is stated to apply in the Coverage Summary or in any endorsement. 9. Subrogation The Insurer, upon making any payment or assuming liability therefor under this Form, shall be subrogated to all rights of recovery of the Insured against others and may bring action to enforce such rights. Notwithstanding the foregoing, all rights of subrogation are hereby waived against any corporation, firm, individual or other interest with respect to which insurance is provided by this Form. Where the net amount recovered, after deducting the costs of recovery, is not sufficient to provide a complete indemnity for the loss or damage suffered, that amount shall be divided between the Insurer and the Insured in the proportion in which the loss or damage has been borne by them respectively. Any release from liability entered into by the Insured prior to loss shall not affect the right of the Insured to recover. 10. Additional Interests Where this insurance applies to the property of more than one person or interest, the Insurer s total liability for loss sustained by all such persons and interests shall be limited in the aggregate to the amount or amounts of insurance shown on the Coverage Summary. B0112 (Rev. 08Dec05) P. 4 of 7
93 11. Property Protection Systems It is agreed that the Insured shall notify forthwith the Insurer of any interruption to, or flaw or defect, coming to the knowledge of the Insured, in any: (a) sprinkler or other fire extinguishing system; or (b) fire detection system; or (c) intrusion detection system; and shall also notify forthwith the Insurer of the cancellation or non-renewal of any contract which provides monitoring or maintenance services to any of these systems or of the notification of the suspension of police service in response to any of these systems. 12. Verification of Values The Insurer or its duly appointed representative shall be permitted at all reasonable times during the term of this Policy, or within a year after termination or expiration, to inspect the property insured and to examine the Insured s books, records and such policies as relate to any property insured hereunder. Such inspection or examination shall not waive nor in any manner affect any of the terms or conditions of this Form. 13. Definitions Wherever used in this Form (including endorsements or other forms attached to and forming part hereof): (a) Building means the building(s) shown on the Coverage Summary and includes: (i) fixed structures located on the premises ; (ii) additions and extensions communicating and in contact with the building(s); (iii) permanent fittings and fixtures attached to and forming part of the building(s); (iv) materials, equipment and supplies on the premises for maintenance of, and normal repairs and minor alterations to the building or premises or for building services; (v) growing plants, trees, shrubs or flowers inside the building used for decorative purposes when the Insured is the owner of the building. (b) Clean up means the removal, containment, treatment, decontamination, detoxification, stabilization, neutralization or remediation of pollutants, including testing which is integral to the aforementioned processes. (c) Contents means: (i) generally all contents usual to the Insured s business including furniture, furnishings, fittings, fixtures, machinery, tools, utensils and appliances other than building herein defined while located on the premises unless otherwise stated; (ii) merchandise of every description usual to the Insured s business; (iii) packing, wrapping and advertising materials; and (iv) similar property belonging to others which the Insured is under obligation to keep insured or for which he is legally liable while located on the premises unless otherwise stated; (v) tenant s improvements which are defined as building improvements, alterations and betterments made at the expense of the Insured to a building occupied by the Insured and which are not otherwise insured, provided the Insured is not the owner of such building. If the Insured purchased the use interest in tenant s improvements made by a predecessor tenant, this Form applies as though such tenant s improvements had been made at the expense of the Insured. (d) Coverage Summary means the coverage summary applicable to this Form. (e) Data means representations of information or concepts, in any form. (f) Data problem means: (i) erasure, destruction, corruption, misappropriation, misinterpretation of Data ; (ii) error in creating, amending, entering, deleting or using Data ; or (iii) inability to receive, transmit or use Data. (g) Extra Expense means the excess (if any) of the total cost during the period of restoration for the purpose of continuing the Insured s business over and above the total cost that would normally have been incurred to conduct the business during the same period had no loss occurred. The cost in each case to include expense of using other property or facilities of other concerns or other similar necessary emergency expenses. In no event, however, shall the Insurer be liable under this Form for loss of income nor for extra expense in excess of that necessary to continue as nearly as practicable the normal conduct of the Insured s business, nor for the cost of repairing or replacing any of the described property that has been damaged or destroyed by the perils insured against, except cost in excess of the normal cost of such repairs or replacements necessarily incurred for the purpose of reducing the total amount of extra expense ; liability for such expense cost however, shall not exceed the amount by which the total extra expense otherwise payable under this Form is reduced. B0112 (Rev. 08Dec05) P. 5 of 7
94 13. Definitions (continued) (g) Extra Expense (continued) The Insurer shall also be liable for extra expense incurred in obtaining property for temporary use during the period of restoration necessarily required for the conduct of the Insured s business. Any salvage value of such property remaining after resumption of normal operations shall be taken into consideration in the adjustment of any loss hereunder. (h) Fire Protective Equipment includes tanks, watermains, hydrants, valves and any other equipment used solely for fire protection or jointly for fire protection and for other purposes, but does not include: (i) branch piping from a joint system where such branches are used entirely for purposes other than fire protection; (ii) any watermains or appurtenances located outside of the described premises and forming a part of the public water distribution system; (iii) any pond or reservoir in which the water is impounded by a dam. (i) Fungi includes, but is not limited to, any form or type of mould, yeast, mushroom or mildew whether or not allergenic, pathogenic or toxigenic, and any substance, vapour or gas produced by, emitted from or arising out of any fungi or spores or resultant mycotoxins, allergens, or pathogens. (j) Month means thirty (30) consecutive days. (k) Named Perils means: (1) Fire or Lightning. (2) Explosion: However, except with respect to explosion of natural, coal or manufactured gas, there shall in no event be any liability hereunder for loss or damage caused by explosion, rupture or bursting in or of the following property owned, operated or controlled by the Insured: (i) (a) the portions containing steam or water under steam pressure of all boilers generating steam, and piping or other equipment connected to said boilers and containing steam or water under steam pressure; (b) piping and apparatus or parts thereof normally containing steam or water under steam pressure from an external source and while under such pressure; (c) the combustion chambers or fire boxes of steam generating boilers of the chemical recovery type and the flues or passages which conduct the gases of combustion therefrom; (d) smelt dissolving tanks; (ii) other vessels and apparatus, and pipes connected therewith, while under pressure, or while in use or in operation, provided their maximum normal internal working pressure exceeds 103 kilopascals (15 pounds per square inch) above atmospheric pressure except that liability is specifically assumed for loss or damage resulting from the explosion of manually portable gas cylinders; (iii) moving or rotating machinery or parts of same when such loss or damage is caused by centrifugal force or mechanical breakdown; (iv) any vessels and apparatus and pipes connected therewith while undergoing pressure tests, but this exclusion shall not apply to other property insured hereunder that has been damaged by such explosion; (v) gas turbines. The following are not explosions within the intent or meaning of this clause: (a) electric arcing or any coincident rupture of electrical equipment due to such arcing; (b) bursting or rupture caused by hydrostatic pressure or freezing; (c) bursting or rupture of any safety disc, rupture diaphragm or fusible plug. (3) Impact by Aircraft, Spacecraft or Land Vehicle: The terms aircraft and spacecraft include articles dropped therefrom. There shall in no event be any liability hereunder due to cumulative damage or for loss or damage: (i) caused by land vehicles belonging to or under the control of the Insured or any of his employees; (ii) to aircraft, spacecraft or land vehicles causing the loss; (iii) caused by any aircraft or spacecraft when being taxied or moved inside or outside of buildings; (4) Riot, Vandalism or Malicious Acts: The term riot includes open assemblies of strikers inside or outside the premises who have stopped work and of locked-out employees. There shall in no event be any liability hereunder for loss or damage: (i) due to cessation of work or by interruption to process or business operations or by change(s) in temperature; (ii) due to flood or release of water impounded by a dam, or due to any explosion other than an explosion in respect of which there is insurance under Clause 13. (k)(2); (iii) due to theft or attempted theft. B0112 (Rev. 08Dec05) P. 6 of 7
95 13. Definitions (continued) (k) Named Perils (continued) (5) Smoke: The term smoke means smoke due to a sudden, unusual and faulty operation of any stationary furnace. There shall in no event be any liability hereunder for any cumulative damage. (6) Leakage from Fire Protective Equipment : The term leakage from fire protective equipment means the leakage or discharge of water or other substance from within the equipment used for fire protection purposes for the premises shown on the Coverage Summary or for adjoining premises and loss or damage caused by the fall or breakage or freezing of such equipment. (7) Windstorm or Hail: There shall in no event be any liability hereunder for loss or damage: (i) to the interior of the buildings insured or their contents unless damage occurs concurrently with and results from an aperture caused by windstorm or hail; (ii) directly or indirectly caused by any of the following, whether driven by wind or due to windstorm or not, snow load, ice load, tidal wave, high water, overflow, flood, waterborne objects, waves, ice, land, subsidence, landslip. (8) Escape of water from any tank, apparatus or pipe. (l) Normal means the condition which would have existed had no loss occurred. (m) Period of Restoration means the period not exceeding such length of time commencing with the date of the loss and not limited by the date of expiration of this Form, as shall be required with the exercise of due diligence and dispatch to repair, rebuild, or replace such part of the described building(s) or additions thereto or contents thereof as may be destroyed or damaged. (n) Pollutants means any solid, liquid, gaseous or thermal irritant, or contaminant, including odour, vapour, fumes, acids, alkalis, chemicals, and waste. Waste includes materials to be recycled, reconditioned or reclaimed. (o) Premises means the entire area within the property lines at the locations shown on the Coverage Summary and areas under adjoining sidewalks and driveways. (p) Spores includes, but is not limited to, one or more reproductive particles or microscopic fragments produced by, emitted from or arising out of any fungi. B0112 (Rev. 08Dec05) P. 7 of 7
96 Glass G0088 (Rev. 08Dec05) Words and phrases in quotation marks have special meaning as defined in Clause Insuring Agreement The Insurer agrees to pay the Insured for all damage to the glass, lettering and ornamentation caused by accidental breakage of such glass. 2. Limits of Insurance The Insurer s liability is limited to the actual cost of replacement, including installation charges, of such glass, lettering and ornamentation at the time of breakage, not exceeding however, the limit of insurance thereof if such limit of insurance is shown on the Coverage Summary. 3. Property Insured The following property is insured: (i) Blanket All interior and exterior glass, the property of the Insured or the property of others for which the Insured is liable, at the location shown on the Coverage Summary, including lettering, ornamentation, burglary resistant glazing material, and burglar alarm foil on glass; or (ii) Scheduled Glass shown on the Coverage Summary, the property of the Insured or the property of others for which the Insured is liable, at the location(s) shown on the Coverage Summary. Unless the glass shown on the Coverage Summary includes details of lettering, ornamentation, burglary resistant glazing material, burglar alarm foil or clamped, glued, bent, or wired glass, and frames, sashes or bars, the coverage provided is for clear flat plate, crystal, double diamond or sheet glass. Glass not described is excluded from coverage under this Form. 4. Deductible The Insurer is liable for the amount by which the damage caused by accidental breakage exceeds the amount of the deductible shown on the Coverage Summary in any one occurrence. 5. Policy Period This agreement shall apply only to such damage occurring within the Policy Period. 6. Exclusions This Form does not insure loss or damage: (a) resulting directly or indirectly from a fire (whether at the premises shown on the Coverage Summary or elsewhere); (b) to glass, lettering, ornamentation, burglary resistant glazing material, or burglar alarm foil which is cracked or has other faults prior to the effective date of this Form; (c) caused by war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military power; (d) caused directly or indirectly: (i) by any nuclear incident as defined in the Nuclear Liability Act or any other nuclear liability act, law or statute, or any law amendatory thereof or nuclear explosion, except for ensuing loss or damage which results directly from fire, lightning or explosion of natural, coal or manufactured gas; (ii) by contamination by radioactive material; (e) to stock of glassware; (f) while the locations containing such glass are, to the knowledge of the Insured, vacant, unoccupied or shut down for more than thirty (30) consecutive days. 7. Changes in Provisions or Conditions No provision or condition of this Form shall be waived or altered except by endorsement issued to form a part hereof, nor shall notice to any agent, nor shall knowledge possessed by any agent or by any other person be held to effect a waiver or change in any part of this Form. G0088 (Rev. 08Dec05) P. 1 of 3
97 8. Change of Interest No assignment of interest under this Form shall bind the Insurer unless its consent shall be endorsed hereon. If the death, insolvency or bankruptcy of the Insured shall occur during the Policy Period, the insurance under this Form during the remainder of such Policy Period shall continue in favour of the legal representative of the Insured, provided written notice shall be given the Insurer within thirty (30) days after the date of such death, insolvency or bankruptcy. 9. Payments and Replacements The Insurer shall replace, without unnecessary delay, any broken glass and any lettering or ornamentation thereon insured hereunder, or pay for the same in money within the limits provided herein, as the Insurer may elect. In either case, the broken glass shall be the property of the Insurer. Whenever necessary, the Insured, at his own expense, shall remove and replace any fixtures or other obstructions to the replacement of the glass. 10. Notice of Breakage Written notice of any damage covered hereby, with full particulars so far as can be determined, shall be given to the Insurer as soon as practicable, and the Insured shall make all reasonable efforts to preserve the glass and to prevent further damage. The Insurer may require the Insured to file affirmative proof of damage under oath on forms provided by the Insurer, together with full particulars of such damage. 11. Reinstatement of Limit After Loss Loss under any item of this Form shall not reduce the applicable amount of insurance unless an aggregate limit per policy period is stated to apply in the Coverage Summary or in any endorsement. 12. Territorial Limits This Form insures only within the territorial limits of Canada and the United States of America. 13. Other Insurance If the Insured or any other interested party carries other insurance covering such damage as is covered by this Form, the Insurer shall not be liable for a greater proportion of any such damage than the amount applicable thereto as hereby insured bears to the total amount of all valid and collectible insurance covering such damage. 14. Termination (a) This contract may be terminated, (i) by the Insurer giving to the Insured fifteen (15) days notice of termination by registered mail or five (5) days written notice of termination personally delivered; (ii) by the Insured at any time on request. (b) Where this contract is terminated by the Insurer, (i) the Insurer shall refund the excess of premium actually paid by the Insured over the pro rata premium for the expired time, but, in no event shall the pro rata premium for the expired time be deemed to be less than any minimum retained premium specified; and (ii) the refund shall accompany the notice unless the premium is subject to adjustment or determination as to amount, in which case the refund shall be made as soon as practicable. (c) Where this contract is terminated by the Insured, the Insurer shall refund as soon as practicable the excess of premium actually paid by the Insured over the short rate premium for the expired time, but in no event shall the short rate premium for the expired time be deemed to be less than any minimum retained premium specified. (d) The refund may be made by money, postal or express company money order or cheque payable at par. (e) The fifteen (15) days mentioned in item (i) of paragraph (a) of this clause commences to run on the day following the receipt of the registered letter at the post office to which it is addressed. In Quebec the following condition applies: Cancellation (Art. 2477, 2479) This contract may be cancelled at any time: (i) by mere written notice from each of the Named Insureds. Termination takes effect upon receipt of the notice and the Insured shall therefore be entitled to a refund of the excess of premium actually paid over the short-term rate for the expired time; (ii) by the Insurer giving written notice to each Named Insured. Termination takes effect fifteen (15) days following receipt of such notice by the Insured at his last known address and the Insurer shall refund the excess of premium actually paid over the pro rata premium for the expired time. If the premium is subject to adjustment or determination as to amount, the refund shall be made as soon as practicable. G0088 (Rev. 08Dec05) P. 2 of 3
98 14. Termination (continued) Where one or more of the Named Insureds have been mandated to receive or send the notices provided for under paragraph (i) or (ii) above, notices sent or received by them shall be deemed to have been sent or received by all Named Insureds. In this condition, the words premium actually paid mean premium actually paid by the Insured to the Insurer or its representative, but do not include any premium or part thereof paid to the Insurer by a representative unless actually paid to the representative by the Insured. 15. Action Against Insurer No suit shall be brought under this Form until ninety (90) days after proof of loss as required herein has been furnished nor at all unless commenced within two (2) years from the date upon which the loss was discovered by the Insured. 16. Subrogation The Insurer, upon making any payment or assuming liability therefor under this Form, shall be subrogated to all rights of recovery of the Insured against others and may bring action to enforce such rights. Notwithstanding the foregoing, all rights of subrogation are hereby waived against any corporation, firm, individual or other interest with respect to which insurance is provided by this Form. Where the net amount recovered, after deducting the costs of recovery, is not sufficient to provide a complete indemnity for the loss or damage suffered, that amount shall be divided between the Insurer and the Insured in the proportion in which the loss or damage has been borne by them respectively. Any release from liability entered into by the Insured prior to loss shall not affect the right of the Insured to recover. 17. Definitions Whenever used in this Form (including endorsements or other forms attached to and forming part hereof): (a) Coverage Summary means the coverage summary applicable to this Form. G0088 (Rev. 08Dec05) P. 3 of 3
99 By-Laws Extension E0052 (Rev. 15Oct03) Applicable only to those coverages which are shown to be subject to this extension on the Coverage Summary. 1. This insurance, without increasing the amount of insurance, and only as a result of a peril insured against, extends to insure: (a) loss occasioned by the demolition of any undamaged portion of the building(s) ; or (b) the cost of demolishing and clearing the site of any undamaged portion of the building(s) ; or (c) any increase in the cost of repairing, replacing, constructing or reconstructing the building(s) on the same site or on any adjacent site, of like height, floor area and style, and for like occupancy; arising from the enforcement of the minimum requirements of any by-law, regulation, ordinance or law which: (i) regulates zoning or the demolition, repair or construction of damaged building(s) ; and (ii) is in force at the time of such loss or damage. 2. When the amount of insurance applies to more than one building, the Insurer shall not be liable under this Form for an amount of insurance on each building greater than: (a) the amount declared on a Statement of Values for the individual building at each location; or (b) one hundred and ten per cent (110%) of the replacement cost of the individual building. 3. This extension does not insure against: (i) the enforcement of any by-law, regulation, ordinance or law which prohibits the Insured from rebuilding or repairing on the same site or adjacent site or prohibits continuance of like occupancy; (ii) loss or damage caused directly or indirectly by any actual, alleged, potential or threatened spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of pollutants, nor the cost or expense of any resulting clean-up ; or (iii) direct or indirect loss, damage, cost or expense for any testing, monitoring, evaluating or assessing of an actual, alleged, potential or threatened spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of pollutants. As used in items (ii) and (iii) above: (a) pollutants mean any solid, liquid, gaseous or thermal irritant or contaminant, including odour, vapour, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. (b) clean-up means the removal, containment, treatment, decontamination, detoxification, stabilization, neutralization or remediation of pollutants, including testing which is integral to the aforementioned processes. Except as otherwise provided in this Form, all terms, provisions and conditions of the Policy shall have full force and effect.
100 Commercial Crime Conditions A0100 (01Feb98) Words and phrases defined in General Definitions have special meaning. The following General Conditions and General Definitions apply to either all forms or all endorsements forming part of the Commercial Crime insurance, unless shown otherwise in the Coverage Summary or in a specific endorsement. General Conditions Condition 1. Canadian Currency Clause All limits of insurance, premiums and other amounts expressed in this Form are in Canadian currency. Condition 2. Termination (a) This contract may be terminated, (i) by the Insurer giving to the insured fifteen (15) days notice of termination by registered mail or five (5) days written notice of termination personally delivered; (ii) by the Insured at any time on request. (b) Where this contract is terminated by the Insurer, (i) the Insurer shall refund the excess of premium actually paid by the Insured over the pro rata premium for the expired time, but, in no event shall the pro rata premium for the expired time be deemed to be less than any minimum retained premium specified; and (ii) the refund shall accompany the notice unless the premium is subject to adjustment or determination as to amount, in which case the refund shall be made as soon as practicable. (c) Where this contract is terminated by the Insured, the Insurer shall refund as soon as practicable the excess of premium actually paid by the Insured over the short rate premium for the expired time, but in no event shall the short rate premium for the expired time be deemed to be less than any minimum retained premium specified. (d) The refund may be made by money, postal or express company money order or cheque payable at par. (e) The fifteen (15) days mentioned in item (i) of subcondition (a) of this condition commences to run on the day following the receipt of the registered letter at the post office to which it is addressed. In Quebec the following conditions apply: (a) Cancellation (Art. 2477, 2479) This contract may be cancelled at any time: (i) by mere written notice from each of the Named Insureds. Termination takes effect upon receipt of the notice and the Insured shall therefore be entitled to a refund of the excess of premium actually paid over the short-term rate for the expired time; (ii) by the Insurer giving written notice. Termination takes effect fifteen (15) days following receipt of such notice and the Insurer shall refund the excess of premium actually paid over the pro rata premium for the expired time; the refund shall accompany the notice unless the premium is subject to adjustment or determination as to amount, in which case the refund shall be made as soon as practicable. In this condition the words premium actually paid mean the premium actually paid by the Insured to the Insurer or its representative but does not include any premium or part thereof paid to the Insurer by a representative unless actually paid to the representative by the Insured. Condition 3. Change of Interest The Insurer will not be liable to anyone other than the Insured unless the Insurer has been advised of a change of interest and consented to it. However, if the Insured dies, or is declared insolvent or bankrupt, this Form will insure the Insureds legal representative. Condition 4. Changes This Form contains all the agreements between the Insurer and the Insured concerning the insurance provided. The Insured may request changes to the Commercial Crime insurance; however, such changes will be effective only upon the Insurer s consent as evidenced by the Insurer issuing an endorsement which will form part of this Form. Condition 5. Discovery Period for Loss The Insurer will pay only for an insured loss discovered no later than one (1) year from the end of the Policy Period. A0100 (01Feb98) P. 1 of 5
101 General Conditions (continued) Condition 6. Duties in the Event of Loss After the Insured discovers a loss or a situation that may result in loss of or damage to insured property the Insured must: (a) notify the Insurer as soon as possible; (b) submit to examination under oath at the Insurer s request and give the Insurer a signed statement of the Insured s answers; (c) give the Insurer a detailed, sworn proof of loss within one hundred and twenty (120) days; (d) cooperate with the Insurer in the investigation and settlement of any claim; (e) give immediate notice to the public police, or other peace authorities having jurisdiction, of any loss due to violation of law; (f) if securities are insured under the Commercial Crime insurance, take all reasonable measures to prevent their negotiation, sale or conversion. Condition 7. Inspection The Insurer will be permitted to inspect the Insured s premises at any reasonable time. Condition 8. Joint Insured (a) If more than one Named Insured is shown in the Coverage Summary, the first Named Insured will act for itself and for every other Named Insured for all purposes for this insurance. If the first Named Insured ceases to be covered, then the next Named Insured becomes the first Named Insured. (b) If any Named Insured or partner or officer of that Named Insured has knowledge of any information relative to this insurance, that knowledge is considered knowledge of every Named Insured. (c) An employee of any Named Insured is considered to be an employee of every Named Insured. Condition 9. Legal Action Against Insurer The Insured may not bring any legal action against the Insurer: (a) unless the Insured has complied with all the terms of this insurance; and (b) until ninety (90) days after the Insured has filed proof of loss with the Insurer; and (c) unless brought within two (2) years from the date the Insured discovers the loss. Condition 10. Loss Sustained During Prior Insurance If the Insured had similar insurance consisting of one or more policies or forms providing continuous insurance which terminated with the beginning of this Policy Period, loss, to the extent that it is not insured by such prior insurance solely because of late discovery, shall be deemed to have occurred on the first day of this Policy Period. Condition 11. Other Insurance If there is any other valid and collectible insurance which applies to any loss insured by this Form, the insurance under this Form shall apply only as excess insurance over such other insurance, except in the province of Quebec where each of the insurers under its Form is liable to the Insured for its rateable proportion of the loss. Condition 12. Ownership of Property; Interest Covered The insured property may be owned by the Insured or held by the Insured in any capacity. However, the insurance applies only to the Insured s interest in such property, or the Insured s legal liability for such property and does not apply to the interest of any other person or organization in any of said property unless included in the Insured s proof of loss. Condition 13. Policy Period, Territory This Form applies only to loss which occurs during the Policy Period shown on the Coverage Summary and within Canada or the United States of America. Condition 14. Records The Insured must keep records of all insured property so the Insurer can verify the amount of any loss.. A0100 (01Feb98) P. 2 of 5
102 General Conditions (continued) Condition 15. Recoveries (a) Any recoveries, less the cost of obtaining them, made after settlement of loss insured by the Commercial Crime insurance will be distributed as follows: (i) to the Insured, until the Insured is reimbursed for any loss sustained that exceeds the limit of insurance and the deductible amount, if any; (ii) then to the Insurer, until the Insurer is reimbursed for the settlement made; (iii) then to the Insured, until the Insured is reimbursed for that part of the loss equal to the deductible amount, if any. (b) Recoveries do not include any recovery: (i) from insurance, suretyship, reinsurance, security or indemnity taken for the Insurer s benefit; or (ii) of original securities after duplicates of them have been issued. (c) The Insured is entitled to the recovered property upon reimbursing the Insurer for the amount of indemnity paid to the Insured for such property. Whoever recovers such property will immediately notify the other party in writing. Condition 16. Representations By accepting this Form, the Insured agrees: (a) that the statements in the Coverage Summary are accurate and complete; (b) those statements are based upon representations the Insured made to the Insurer; and (c) the Insurer has issued this Commercial Crime insurance in reliance upon the Insured s representations. Condition 17. Transfer of the Insured s Rights of Recovery Against Others to the Insurer The Insured must transfer to the Insurer all the Insured s rights of recovery against any person or organization for any loss the Insured sustained and for which the Insurer has paid or settled. The Insured must also do everything necessary to secure those rights and do nothing after loss to impair them. Condition 18. Valuation With respect to securities, the Insurer will not be liable for more than their actual cash value at the close of business on the business day immediately preceding discovery of the loss. The Insurer may, at the Insurer s election, pay such actual cash value or secure the replacement of the securities by arranging for the issuance of a lost securities bond. With respect to other property, the Insurer will not be liable for more than the actual cash value thereof at the time of loss. However, the actual cash value of such other property the Insured holds as a pledge, or as collateral for an advance or a loan, will be deemed not to exceed the value of the property as determined and recorded by the Insured when making the advance or loan, nor, in the absence of such record, the unpaid portion of the advance or loan plus accrued interest thereon at legal rates. With the Insured s consent, the Insurer may settle any claim for loss of property with the owner thereof. Any property for which the Insurer has made indemnification will become the Insurer s property. In case of damage to the premises, the Insurer will not be liable for more than the actual cost of repairing such premises, or of replacing same with property or material of like quality and value. The Insurer may, at the Insurer s election, pay the actual cash value, or pay for such repair or replacement. If the Insured cannot agree with the Insurer upon the cash value or the cost of repair or replacement, the cash value or the cost will be determined by arbitration. Condition 19. Property Protection Systems It is agreed that the Insured shall notify forthwith the Insurer of any interruption to, or flaw or defect, coming to the knowledge of the Insured, in any intrusion detection system and shall notify forthwith the Insurer of the cancellation or non-renewal of any contract which provides monitoring or maintenance services to any of these systems or of the notification of the suspension of police service in response to any of these systems. A0100 (01Feb98) P. 3 of 5
103 General Definitions Wherever used in this Form (including endorsements or other forms attached to and forming part hereof): (a) Banking Premises means the interior of that portion of any building occupied by a banking institution or similar safe depository. (b) Burglary (except as used in a Stock Burglary Form) means the unlawful taking of insured property from within the premises by a person unlawfully entering or leaving the premises as evidenced by marks of forcible entry or exit. In the event that insurance is provided by a Stock Burglary Form, burglary shall mean the unlawful taking of insured property from within the premises, showcases or show windows, by a person unlawfully entering or leaving the premises, showcases or show windows as evidenced by marks of forcible entry to or exit from the premises, showcases or show windows. (c) Coverage Summary means the coverage summary applicable to this Form. (d) Custodian means the Insured or the Insured s partner or any employee authorized by the Insured to have the care and custody of insured property, excluding any person while acting as a guard, janitor, porter, or watchman. (e) Equipment means: (i) all contents usual to the Insured s business including furniture, furnishings, fittings, fixtures, machinery, tools, utensils and appliances, other than building or stock ; (ii) similar property belonging to others which the Insured is under obligation to keep insured or for which the Insured is legally (f) liable. Guard means any able-bodied person who accompanies a custodian at the Insured s direction, but who is not a driver of a public conveyance. (g) Jewellery means jewellery, watches, semi-precious stones and articles or precious or semi-precious stones. (h) Kidnapping means the compelling of a custodian outside the premises, by violence or threat of violence, to admit a person or to furnish such person with the means of entry into the premises while closed for business, resulting in unlawful taking by such person of insured property from within the premises, provided such loss shall occur before the premises are next open for business. (i) (j) Money means currency and coins in current use and having a face value. Occurrence means any act or series of related acts involving one or more persons which results in a loss insured by this Commercial Crime insurance. (k) Premises means the interior of that portion of any building the Insured occupies in conducting the Insured s business at the address shown in the Coverage Summary but shall not include (1) showcases or show windows not opening directly into the interior of the premises, or (2) public entrances, halls or stairways. If insurance is provided under Inside/Outside Robbery, or Money and Securities, the definition of premises is extended to include the space immediately surrounding such building occupied solely by the Insured in conducting the Insured s business but shall not include (1) showcases or show windows not opening directly into the interior of the premises, or (2) public entrances, halls or stairways. If insurance is provided under Church Theft, the definition of premises is extended to include: the rectory, parish-house, parsonage, manse, or residence occupied by a duly constituted financial or administrative office of the Insured s; that portion of any other building which is owned by or leased to the Insured and used for the religious, educational, recreational or social activities of the Insured s congregation; and the grounds and outbuildings incidental to the above. If insurance is provided by Damage to Building by Burglary or Robbery, the definition of premises is extended to include the building and permanent fittings and fixtures attached thereto and forming part thereof. (l) Property means any property usual to the Insured s business other than money and securities, that has intrinsic value but does not include motor vehicles, trailers or semi-trailers or equipment and accessories attached to them or any property that is excluded under the Commercial Crime insurances. (m) Robbery means the taking of insured property from a custodian by a person or persons who have: (i) caused or threatened to cause the custodian bodily harm; or (ii) committed an overt unlawful act witnessed by the custodian; or (iii) taken such property from a custodian who has been killed or rendered unconscious. (n) Robbery of a Watchman means the unlawful taking of insured property by violence or threat of violence inflicted upon a watchman and while such a watchman is on duty within the premises. (o) Safe Burglary means: (i) the unlawful taking of insured property from a vault or safe, which has a combination lock and is located within the premises, by a person making unlawful entry into the vault or the safe and a vault which contains the safe, provided that: (a) all doors of the vault, safe or vault and safe are closed and locked by a combination lock; and (b) the unlawful entry was forcible and is evidenced by visible marks on the exterior of the vault or safe and any vault containing the safe; or (ii) the unlawful taking of the safe from within the premises. In the event that insurance is provided by a Safe Burglary Form, the definition of safe burglary is restricted to any safe or vault shown in the Coverage Summary of that Form. A0100 (01Feb98) P. 4 of 5
104 General Definitions (continued) (p) Securities means all negotiable and non-negotiable instruments or contracts representing money or other property, and includes revenue and other stamps in current use, tokens, and tickets but does not include money. (q) Stock means: (r) (i) merchandise of every description usual to the Insured s business but does not include motor vehicles, trailers or semi-trailers or equipment and accessories attached to them; (ii) packing, wrapping and advertising materials; and (iii) similar property belonging to others which the Insured is under obligation to keep insured or for which the Insured is legally liable; but does not include securities. Watchman means any person employed exclusively by the Insured to have care and custody of insured property inside the premises, while the premises are closed for business, and who has no other duties. A0100 (01Feb98) P. 5 of 5
105 Comprehensive Dishonesty, Disappearance and Destruction D0000 (Rev. 16Feb05) Words and phrases in quotation marks have special meaning as defined in Clause 3. Declarations 1. The premium for this Form is shown on the Coverage Summary. 2. No insurance is provided under any of the Insuring Agreements unless so indicated by an entry showing the amount of insurance and the insuring agreement on the Coverage Summary. 3. The liability of the Insurer is subject to the terms of the forms shown on the Coverage Summary. Insuring Agreements The Insurer, in consideration of the payment of the premium, and subject to the Declarations made a part hereof, the General Agreements, Conditions and Limitations and other terms of this Form, agrees with the Insured, in accordance with such of the insuring agreements hereof as are specifically designated by stating the insuring agreement and an amount on the Coverage Summary, to pay the Insured for: I. Employee Dishonesty Coverage - Form A Loss(es) of money, securities and other property which the Insured shall sustain, to an amount not exceeding in the aggregate the amount shown on the Coverage Summary applicable to this Insuring Agreement I, Form A, resulting directly from one or more fraudulent or dishonest acts committed by an employee, acting alone or in collusion with others. I. Employee Dishonesty Coverage - Form B Loss(es) of money, securities and other property which the Insured shall sustain resulting directly from one or more fraudulent or dishonest acts committed by an employee, acting alone or in collusion with others, the amount of insurance on each of the employees being the amount shown on the Coverage Summary applicable to this Insuring Agreement I, Form B. II. Loss Inside the Premises Coverage Loss(es) of money and securities by the actual destruction, disappearance or wrongful abstraction thereof within the premises or within any banking premises or similar recognized places of safe deposit, or by theft while within a night depository safe provided by a bank or trust company for the use of its customers. Loss(es) of other property by safe burglary or robbery within the premises or attempt thereat, and loss(es) of a locked cash drawer, cash box or cash register by felonious entry into such container within the premises or attempt thereat or by felonious abstraction of such container from within the premises or attempt thereat, and damage to the premises by such safe burglary, robbery or felonious abstraction, or by or following burglarious entry into the premises or attempt thereat, provided with respect to damage to the premises the Insured is the owner thereof or is liable for such damage. III. Loss Outside the Premises Coverage Loss(es) of money and securities by the actual destruction, disappearance or wrongful abstraction thereof outside the premises while being conveyed by a messenger or any armoured motor vehicle company or while within the living quarters in the home of any messenger. Loss(es) of other property by robbery outside the premises or attempt thereat while such property is being conveyed by a messenger or any armoured vehicle company or by theft while within the living quarters in the home of any messenger. IV. Money Orders and Counterfeit Paper Currency Coverage Loss(es) due to the acceptance in good faith, in exchange for merchandise, money or services, of any post office or express money order, issued or purporting to have been issued by any post office or express company, if such money order is not paid upon presentation, or due to the acceptance in good faith in the regular course of business of counterfeit Canadian or United States paper currency. V. Depositors Forgery Coverage Loss(es) which the Insured or any bank which is included in the Insured s proof of loss and in which the Insured carries a chequing or savings account, as their respective interests may appear, shall sustain through forgery or alteration of, on or in any cheque, draft, promissory note, bill of exchange, or similar written promise, order or direction to pay a sum certain in money, made or drawn by or drawn upon the Insured, or made or drawn by one acting as agent of the Insured, or purporting to have been made or drawn as hereinbefore set forth, including: (a) any cheque or draft made or drawn in the name of the Insured, payable to a fictitious payee and endorsed in the name of such fictitious payee; D0000 (Rev. 16Feb05) Page 1 of 8
106 V. Depositors Forgery Coverage (continued) (b) any cheque or draft procured in a face to face transaction with the Insured, or with one acting as agent of the Insured, by anyone impersonating another and made or drawn payable to the one so impersonated and endorsed by anyone other than the one so impersonated; and (c) any payroll cheque, payroll draft or payroll order made or drawn by the Insured, payable to bearer as well as to a named payee and endorsed by anyone other than the named payee without authority from such payee; whether or not any endorsement mentioned in (a), (b) or (c) be a forgery within the law of the place controlling the construction thereof. Mechanically reproduced facsimile signatures are treated the same as handwritten signatures. The Insured shall be entitled to priority of payment over loss sustained by any bank aforesaid. Loss(es) under this insuring agreement, whether sustained by the Insured or such bank, shall be paid directly to the Insured in its own name, except in cases where such bank shall have already fully reimbursed the Insured for such loss(es). The liability of the Insurer to such bank for such loss(es) shall be a part of and not in addition to the amount of insurance applicable to the Insured s office to which such loss(es) would have been allocated had such loss(es) been sustained by the Insured. If the Insured or such bank shall refuse to pay any of the foregoing instruments made or drawn as hereinbefore set forth, alleging that such instruments are forged or altered, and such refusal shall result in suit being brought against the Insured or such bank to enforce such payment and the Insurer shall give its written consent to the defence of such suit, then any reasonable attorneys fees, court costs, or similar legal expenses incurred and paid by the Insured or such bank in such defence shall be construed to be a loss(es) under this insuring agreement and the liability of the Insurer for such loss(es) shall be in addition to any other liability under this insuring agreement. General Agreements A. Consolidation - Merger If, through consolidation or merger with, or purchase of assets or, some other concern, any persons shall become employees or if the Insured shall thereby acquire the use and control of any additional premises, the insurance afforded by this Form shall also apply as respects such employees and premises, provided the Insured shall give the Insurer written notice thereof within thirty (30) days thereafter and shall pay the Insurer an additional premium computed pro rata from the date of such consolidation, merger or purchase to the end of the current Policy Period. B. Joint Insured If more than one Insured is covered under this Form, the Insured first named shall act for itself and for every other Insured for all purposes of this Form. Knowledge possessed or discovery made by any Insured or by any partner or officer thereof shall, for the purposes of Clauses 7, 8 and 15, constitute knowledge possessed or discovery made by every Insured, cancellation of the insurance hereunder as respects any employee as provided in Clause 15 shall apply to every Insured. If, prior to the cancellation or termination of this Form, this Form or any insuring agreement hereof is cancelled or terminated as to any Insured, there shall be no liability for any loss(es) sustained by such Insured unless discovered within one (1) year from the date of such cancellation or termination or, as respects Insuring Agreement I, Form B, within two (2) years therefrom. Payment by the Insurer to the Insured first named of any loss(es) under this Form shall fully release the Insurer on account of such loss(es). If the Insured first named ceases for any reason to be covered under this Form, then the Insured next named shall thereafter be considered as the Insured first named for all purposes of this Form. C. Loss Under Prior Bond or Policy If the coverage of an Insuring Agreement of this Form replaces a prior bond or policy of insurance carried by the Insured which has expired, coverage under the insuring agreement will apply to loss(es) which is discovered as provided in Clause 1. of the Conditions and Limitations and which would have been recoverable by the Insured under the prior policy except that the discovery period had expired, provided: 1. This insuring agreement became effective at the time of cancellation or termination of the prior insurance and prior insurance continued without interruption from the time of loss(es) until the inception date of this insuring agreement; 2. The coverage offered shall be part of and not in addition to the amount of coverage afforded by this insuring agreement; 3. The loss(es) would have been covered under this insuring agreement had this insuring agreement and its conditions and limitations been in force when the acts or events causing the loss(es) occurred or were committed; and 4. Recovery under such insuring agreement on account of such loss(es) shall in no event exceed the amount which would have been recoverable under such insuring agreement in the amount for which it is written as of the time of such substitution, had such insuring agreement been in force when such acts or events were committed or occurred, or the amount which would have been recoverable under such prior bond or policy had such prior bond or policy continued in force until the discovery of such loss(es), if the latter amount be smaller. D0000 (Rev. 16Feb05) Page 2 of 8
107 C. Loss Under Prior Bond or Policy (continued) If any loss(es) is covered partly by an Insuring Agreement under this Form and partly by any prior cancelled or terminated bond or policy that the Insurer or any affiliate has issued to the Insured or any predecessor in the Insured s interest, the most the Insurer will pay is the larger of the amount recoverable under this insuring agreement or prior bond or policy issued by the Insurer, provided: (a) The discovery period of the prior policy is still in effect; and (b) This insurance became effective at the time of cancellation or termination of the prior insurance. The foregoing Insuring Agreements and General Agreements are subject to the following conditions and limitations: 1. Policy Period, Territory, Discovery Loss(es) is covered under this Form only if discovered not later than one (1) year from the end of the Policy Period, except that under Insuring Agreement I, Form B, loss(es) is covered only if discovered not later than two (2) years from the end of the Policy Period. Subject to General Agreement C: (a) this Form, except under Insuring Agreements I and V, applies only to loss(es) which occurs during the Policy Period within the territorial limits of Canada and the United States of America; (b) Insuring Agreement I applies only to loss(es) sustained by the Insured through fraudulent or dishonest acts committed during the Policy Period by any of the employees engaged in the regular service of the Insured within the territory designated above or while such employees are elsewhere for a limited period; (c) Insuring Agreement V applies only to loss(es) sustained during the Policy Period. 2. Exclusions This Form does not apply: (a) to loss(es) due to any fraudulent, dishonest or criminal act by any Insured or a partner therein, whether acting alone or in collusion with others; (b) under Insuring Agreement I, to loss(es), or to that part of any loss(es), as the case may be, the proof of which, either as to its factual existence or as to its amount, is dependent upon an inventory computation or a profit and loss computation; (c) under Insuring Agreements II and III, to loss(es) due to any fraudulent, dishonest or criminal act by an employee, director, trustee or authorized representative of any Insured while working or otherwise, whether acting alone or in collusion with others; provided, this exclusion does not apply to safe burglary or robbery or attempt thereat; (d) under Insuring Agreements II and III to loss(es) due to war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military power; (e) under Insuring Agreements II and III, to loss(es) (1) due to the giving or surrendering of money or securities in any exchange or purchase; (2) due to accounting or arithmetical errors or omissions; or (3) of manuscripts, books of account or records, except for blank value; (f) under Insuring Agreement II, to loss(es) of money contained in coin operated amusement devices or vending machines, unless the amount of money deposited within the device or machine is recorded by continuous recording instrument therein; (g) under Insuring Agreement III, to loss(es) of insured property while in the custody of any armoured motor vehicle company, unless such loss(es) is in excess of the amount recovered or received by the Insured under (1) the Insured s contract with said armoured motor vehicle company, (2) insurance carried by said armoured motor vehicle company for the benefit of users of its service, and (3) all other insurance and indemnity in force in whatsoever form carried by or for the benefit of users of said armoured motor vehicle company's service, and then this Form shall cover only such excess; (h) under Insuring Agreement II and III, to loss(es) due to any nuclear incident as defined in the Nuclear Liability Act, (i) (j) nuclear explosion or contamination by radioactive material; under Insuring Agreement II, to loss(es), other than to money, securities, and safe or vault, by fire whether or not such fire is caused by, contributed to by or arises out of the occurrence of a hazard insured against; under Insuring Agreement III, to loss(es) due to the surrender of money, securities or other property away from the premises as a result of a threat to do: (i) bodily harm to the Insured or any other person, or (ii) damage to the premises or property owned by the Insured or held by the Insured in any capacity; provided that this exclusion shall not apply to loss(es) of money, securities or other property while being conveyed by a messenger when there was no knowledge by the Insured of any such threat at the time the conveyance was initiated; D0000 (Rev. 16Feb05) Page 3 of 8
108 2. Exclusions (continued) (k) to the defence of any legal proceeding brought against the Insured, or to fees, costs or expenses incurred or paid by the Insured in prosecuting or defending any legal proceeding whether or not such proceeding results or would result in a loss(es) to the Insured covered by this Form, except as may be specifically stated to the contrary in this Form; (l) to potential income, including but not limited to interest and dividends, not realized by the Insured because of a loss(es) covered under this Form; (m) to all damages of any type for which the Insured is legally liable, except direct compensatory damages arising from a loss(es) covered under this Form; (n) to all costs, fees, and other expenses incurred by the Insured in establishing the existence of, or amount of loss(es) covered under this Form; (o) under Insuring Agreement II, to loss(es) of money, securities and other property which has been transferred by the use of any electronic hardware to a person or to a place outside the covered premises on the basis of unauthorized electronic instructions; (p) (i) to Data. (ii) to loss(es) or damage caused directly or indirectly by Data problem. 3. Definitions Whenever used in this Form (including endorsements forming part hereof): (a) Coverage Summary means the coverage summary applicable to this Form. (b) Custodian means the Insured or a partner of the Insured or any employee who is duly authorized by the Insured to have the care and custody of the insured property within the premises, excluding any person while acting as a watchman, porter or janitor. (c) Data means representations of information or concepts, in any form. (d) Data problem means: (i) erasure, destruction, corruption, misappropriation, misinterpretation of Data ; (ii) error in creating, amending, entering, deleting or using Data ; or (iii) inability to receive, transmit or use Data. (e) Electronic hardware means electronic and electro-mechanical data processing equipment and components, connections, extensions and systems. (f) Employee(s) means any natural person (except a director or trustee of the Insured, if a corporation, who is not also an officer or employee thereof in some other capacity) while in the regular service of the Insured in the ordinary course of the Insured s business, including persons hired through an intervening employment agency or employer, during the Policy Period and whom the Insured compensates by salary, wages or commissions and has the right to govern and direct in the performance of such service, but does not mean any broker, factor, commission merchant, consignee, contractor or other agent or representative of the same general character. As applied to loss(es) under Insuring Agreement I, the above words while in the regular service of the Insured shall include the first thirty (30) days thereafter; subject however, to Clauses 15 and 16. (g) Fraudulent or Dishonest Acts shall mean only fraudulent or dishonest acts committed by such employee with the manifest intent: (i) to cause the Insured to sustain such loss(es) ; and (ii) to obtain financial benefit for the employee, or for any other person or organization intended by the employee to receive such benefit, other than salaries, commissions, fees, bonuses, promotions, awards, profit sharing, pensions or other employee benefits earned in the normal course of employment. This definition of fraudulent or dishonest acts does not apply to Clause 3(k), Clause 7 or Clause 15 of this Form. (h) Loss(es), except under Insuring Agreements I, IV and V, includes damage. (i) (j) Messenger means the Insured or a partner of the Insured or any employee who is duly authorized by the Insured to have the care and custody of the insured property outside the premises. Money means currency, coins, bank notes and bullion; and travellers cheques, register cheques and money orders held for sale to the public. (k) Occurrence means all loss(es) incidental to an actual or attempted fraudulent, dishonest or criminal act or series of related acts taking place simultaneously or over a period of time, which may involve one or more persons. (l) (i) Premises means the interior of that portion of any building which is occupied by the Insured in conducting its business. As respects robbery only, the premises shall also include the space immediately surrounding such building, provided such space is occupied by the Insured in conducting its business. (ii) Banking Premises means the interior of that portion of any building which is occupied by a banking institution in conducting its business. D0000 (Rev. 16Feb05) Page 4 of 8
109 3. Definitions (continued) (m) Property means any tangible property usual to the business of the Insured s business other than money and securities, but does not include motor vehicles, trailers or semi-trailers or equipment and accessories attached to them. (n) Robbery means the taking of insured property (1) by violence inflicted upon a messenger or custodian ; (2) by putting him in fear of violence; (3) by any other overt felonious act committed in his presence and of which he was actually cognizant, provided such other act is not committed by a partner or employee of the Insured; (4) from the person or direct care and custody of a messenger or custodian who had been killed or rendered unconscious; (5) under Insuring Agreement II, (a) from within the premises by means of compelling a messenger or custodian by violence or threat of violence while outside the premises to admit a person into the premises or to furnish him with means of ingress into the premises ; or (b) from a show window within the premises while regularly open for business, by a person who has broken the glass thereof from outside the premises. (o) Safe Burglary means the felonious abstraction of (1) a safe from within the premises, or (2) insured property from within a vault or safe located within the premises by a person making felonious entry into such vault or such safe and any vault containing the safe, when all doors thereof are duly closed and locked by at least one combination or time lock thereon, provided such entry shall be made by actual force and violence, of which force and violence there are visible marks upon the exterior of (a) all of said doors of such vault or such safe and any vault containing the safe, if entry is made through such doors, or (b) the top, bottom or walls of such vault or such safe and any vault containing the safe through which entry is made, if not made through such doors. (p) Securities means all negotiable and non-negotiable instruments or contracts representing either money or other property and includes revenue and other stamps in current use, tokens and tickets, but does not include money. 4. Loss(es) Caused by Unidentifiable Employees If a loss(es) is alleged to have been caused by the fraudulent or dishonest acts of any one or more of the employees and the Insured shall be unable to designate the specific employee or employees causing such loss(es), the Insured shall nevertheless have the benefit of Insuring Agreement I, subject to the provisions of Clause 2.(b) of this Form, provided that the evidence submitted reasonably proves that the loss(es) was in fact due to the fraudulent or dishonest acts of one or more of the said employees, and provided, that the aggregate liability of the Insurer for any such loss(es) shall not exceed the limit of liability applicable to Insuring Agreement I. 5. Ownership of Property, Interests Covered The insured property may be owned by the Insured, or held by the Insured in any capacity whether or not the Insured is liable for the loss(es) thereof, or may be property as respects which the Insured is legally liable, provided Insuring Agreements II, III and IV apply only to the interest of the Insured in such property, including the Insured s liability to others, and do not apply to the interest of any other person or organization in any of said property unless included in the Insured s proof of loss, in which event the third paragraph of Clause 8 is applicable to them. 6. Books and Records The Insured shall keep records of all the insured property in such manner that the Insurer can accurately determine therefrom the amount of loss(es). 7. Prior Fraud, Dishonesty or Cancellation The coverage of Insuring Agreement I shall not apply to any employee from and after the time that the Insured or any partner or officer thereof not in collusion with such employee shall have knowledge or information that such employee has committed any fraudulent or dishonest act in the service of the Insured or otherwise, whether such act be committed before or after the date of employment by the Insured. If, prior to the issuance of this Form, any fidelity insurance in favour of the Insured or any predecessor in interest of the Insured and covering one or more of the Insured s employees shall have been cancelled as to any of such employees by reason of the giving of written notice of cancellation by the Insurer issuing such fidelity insurance, whether the Insurer or not, and if such employees shall not have been reinstated under the coverage of said fidelity insurance or superseding fidelity insurance, the Insurer shall not be liable on account of such employees unless the Insurer shall agree in writing to include such employees within the coverage of Insuring Agreement I. D0000 (Rev. 16Feb05) Page 5 of 8
110 8. Loss(es) - Notice - Proof - Action Against Insurer Upon knowledge or discovery of loss(es) or of an occurrence which may give rise to a claim for loss(es), the Insured shall: (a) give notice thereof as soon as practicable to the Insurer or any of its authorized agents and, except under Insuring Agreements I and V, also to the police if the loss(es) is due to a violation of law; (b) file detailed proof of loss, duly sworn to, with the Insurer within four (4) months after the discovery of loss(es). Proof of loss under Insuring Agreement V shall include the instrument which is the basis of claim for such loss(es), or if it shall be impossible to file such instrument, the affidavit of the Insured or the Insured s bank of deposit setting forth the amount and cause of loss(es) shall be accepted in lieu thereof. Upon the Insurer s request, the Insured shall submit to examination by the Insurer, subscribe the same, under oath if required, and produce for the Insurer s examination all pertinent records, all at such reasonable times and places as the Insurer shall designate, and shall cooperate with the Insurer in all matters pertaining to loss(es) or claims with respect thereto. No action shall lie against the Insurer unless, as a condition precedent thereto, there shall have been full compliance with all the terms of this Form, nor until ninety (90) days after the required proofs of loss have been filed with the Insurer, nor at all unless commenced within two (2) years from the date when the Insured discovers the loss(es). If any limitation of time for notice of loss(es) or any legal proceeding herein contained is shorter than that permitted to be fixed by agreement under any statute controlling the construction of this Form, the shortest permissible statutory limitation of time shall govern and shall supersede the time limitation herein stated. 9. Valuation - Payment - Replacement In no event shall the Insurer be liable as respects securities for more than the actual cash value thereof at the close of business on the business day next preceding the day on which the loss(es) was discovered, nor as respects other property, for more than the actual cash value thereof at the time of loss(es) ; provided, however, the actual cash value of such other property held by the Insured as a pledge, or as collateral for an advance or a loan, shall be deemed not to exceed the value of the property as determined and recorded by the Insured when making the advance or loan, nor, in the absence of such record, the unpaid portion of the advance or loan plus accrued interest thereon at legal rates. The Insurer may, with the consent of the Insured, settle any claim for loss(es) of property with the owner thereof. Any property for which the Insurer has made indemnification shall become the property of the Insurer. In case of damage to the premises or loss(es) of property other than securities, the Insurer shall not be liable for more than the actual cash value of such property, or for more than the actual cost of repairing such premises or property or of replacing same with property or material of like quality and value. The Insurer may, at its election, pay such actual cash value, or make such repairs or replacements. If the Insurer and the Insured cannot agree upon such cash value or such cost of repairs or replacements, such cash value or such cost shall be determined by arbitration. 10. Recoveries If the Insured shall sustain any loss(es) covered by this Form which exceeds the applicable amount of insurance hereunder, the Insured shall be entitled to all recoveries (except from suretyship, insurance, reinsurance, security or indemnity taken by or for the benefit of the Insurer) by whomsoever made, on account of such loss(es) under this Form until fully reimbursed, less the actual cost of effecting the same; and any remainder shall be applied to the reimbursement of the Insurer. 11. Non-Accumulation of Liability The maximum liability of the Insurer for loss(es) sustained by any one or all Insureds shall not exceed the amount for which the Insurer would be liable if all loss(es) were sustained by any one of the Insureds. Regardless of the number of years this Form remains in effect and the total premium amounts due or paid or any other circumstances, including but not limited to the assignment of different policy numbers, the amount the Insurer shall pay for any loss(es) shall not be cumulative from year to year or from Policy Period to Policy Period, and shall apply only once to each occurrence. 12. Limits of Liability The Insurer s total liability under: (a) Insuring Agreement I, Form A, for any loss(es) caused by any employee or in which such employee is concerned or implicated; or (b) Insuring Agreement I, Form B, as to each employee ; or (c) Insuring Agreement V for all loss(es) by forgery or alteration committed by any person or in which such person is concerned or implicated, whether such forgery or alteration involves one or more instruments; is limited to the applicable amount of insurance shown on the Coverage Summary or endorsement amendatory thereto for each occurrence. Payment of loss(es) under Insuring Agreement I or V shall not reduce the Insurer s liability for other loss(es) under the applicable insuring agreement whenever sustained. The limits of liability as expressed in this Form are in Canadian currency. D0000 (Rev. 16Feb05) Page 6 of 8
111 13. Other Insurance Except in the province of Quebec, if there is available to the Insured any other insurance or indemnity covering any loss(es) covered by Insuring Agreement I or V, the Insurer shall be liable hereunder only for that part of such loss(es) which is in excess of the amount recoverable or recovered from such other insurance or indemnity, except that if such other insurance or indemnity is a bond or form of fidelity insurance, any loss(es) covered under both such fidelity insurance and Insuring Agreement V shall first be paid under Insuring Agreement V. Any loss(es) covered under both Insuring Agreements I and V shall first be paid under Insuring Agreement V and the excess, if any, shall be paid under Insuring Agreement I. If this policy is governed by the law of Quebec, each of the Insurers under its respective contract is liable to the Insured for its rateable proportion of the loss(es). The Insurer waives any right of contribution which it may have against any forgery insurance carried by any depository bank which is indemnified under Insuring Agreement V. Under any other Insuring Agreement, if there is any other valid and collectible insurance which would apply in the absence of such Insuring Agreement, the insurance under this Form shall apply only as excess insurance over such other insurance, except in the province of Quebec where each of the Insurers under its respective contract is liable to the Insured for its rateable proportion of the loss(es), provided the insurance shall not apply: (a) to property which is separately described and enumerated and specifically insured in whole or in part by any other insurance; or (b) to property otherwise insured unless such property is owned by the Insured. 14. Subrogation In the event of any payment under this Form, the Insurer shall be subrogated to all the Insured s rights of recovery therefor against any person or organization and the Insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Insured shall do nothing after loss(es) to prejudice such rights. 15. Cancellation as to Any Employee Insuring Agreement I shall be deemed cancelled as to any employee : (a) immediately upon discovery by the Insured, or by any partner or officer thereof not in collusion with such employee, of any fraudulent or dishonest act on the part of such employee ; or (b) except in the province of Quebec, at 12:01 a.m. standard time as aforesaid, upon the effective date specified in a written notice mailed to the Insured. Such date shall be not less than fifteen (15) days after the date of mailing. The mailing by the Insurer of notice as aforesaid to the Insured at the address shown on the Coverage Summary shall be sufficient proof of notice. Delivery of such written notice by the Insurer shall be equivalent to mailing. In the province of Quebec, cancellation shall be made by endorsement only. 16. Cancellation of this Form or Insuring Agreement This Form or any insuring agreement may be cancelled by the Insured by mailing to the Insurer written notice stating when thereafter the cancellation shall be effective. This Form or any Insuring Agreement may be cancelled by the Insurer by mailing to the Insured at the address shown on the Coverage Summary written notice stating when not less than fifteen (15) days thereafter such cancellation shall be effective, except in the province of Quebec where the notice of cancellation takes effect fifteen (15) days after receipt by the Insured of the notice at the last known address. The mailing of notice as aforesaid shall be sufficient proof of notice. Delivery of such written notice either by the Insured or by the Insurer shall be equivalent to mailing. The effective date of cancellation stated in the notice shall become the end of the Policy Period for any affected insuring agreement. If the Insured cancels, earned premium shall be computed in accordance with the customary short rate table and procedure. If the Insurer cancels, earned premium shall be computed pro rata. Premium adjustment may be made either at the time cancellation is effected or as soon as practicable after cancellation becomes effective, but payment or tender of unearned premium is not a condition of cancellation. 17. Assignment Assignment of interest under this Form shall not bind the Insurer until its consent is endorsed hereon; if, however, the Insured shall die, or in the province of Quebec be declared bankrupt, this Form shall cover the Insured s legal representative, or in the province of Quebec the trustee in bankruptcy, as Insured; provided that notice of cancellation addressed to the Insured named in the Declarations and mailed to the address shown on the Coverage Summary shall be sufficient notice to effect cancellation of this Form. 18. Changes Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this Form or estop the Insurer from asserting any right under the terms of this Form; nor shall the terms of this Form be waived or changed, except by endorsement issued to form part of this Form signed by an authorized representative of the Insurer. D0000 (Rev. 16Feb05) Page 7 of 8
112 19. Declarations By acceptance of this Form the Insured agrees that it embodies all agreements existing between the Insured and the Insurer or any of its agents relating to this insurance. 20. No Benefit to Bailee This clause shall apply only to Insuring Agreements II and III. The insurance afforded by this Form shall not inure directly or indirectly to the benefit of any carrier or other bailee for hire. D0000 (Rev. 16Feb05) Page 8 of 8
113 Agreement V - Employee Forgery Exclusion D0015 (06May98) Attached to and forming part of the Comprehensive Dishonesty, Disappearance and Destruction Form. This insurance is amended as follows: 1. Insuring Agreement V does not apply to loss involving fraud or dishonesty on the part of any of the employees. 2. Clause 13. Other Insurance is amended by deleting therefrom the sentence reading: Any loss covered under both Insuring Agreement I and V shall first be paid under Insuring Agreement V and the excess, if any, shall be paid under Insuring Agreement I. This Form is effective as of 12:01 a.m. standard time on the date shown on the Coverage Summary.
114 Agreement II and III - Reduction in Limit of Insurance D0042 (Rev. 14Jul05) Attached to and forming part of the Comprehensive Dishonesty, Disappearance and Destruction Form. This insurance is amended as follows: With respect to the insurance under Insuring Agreement II: While the premises are not open for business and a custodian is not on duty at the said premises, the limit of insurance shall be the overnight limit as shown on the Coverage Summary. With respect to the insurance under Insuring Agreement III: While within the living quarters in the house of any messengers, the limit of insurance shall be the custodian s house limit as shown on the Coverage Summary. Except as otherwise provided in this Form, all terms, provisions and conditions of the Policy shall have full force and effect.
115 Commercial General Liability Form (Rev. 17Nov08) Throughout this policy the words you and your refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under Paragraph 3. of Section II - Who Is An Insured. The words we, us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section II - Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V - Definitions. Wherever the word policy appears it means this Commercial General Liability Form. The titles and headings to the various parts, sections, subsections and endorsements of the policy are included solely for ease of reference and do not in any way limit, expand or otherwise affect the provisions of such parts, sections, subsections or endorsements. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Section I - Coverages Coverage A. Bodily Injury and Property Damage Liability This insurance applies only when an Each Occurrence Limit is shown on the Coverage Summary. 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as compensatory damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any action seeking those compensatory damages. However, we will have no duty to defend the insured against any action seeking compensatory damages for bodily injury or property damage to which this insurance does not apply. We may, at our discretion, investigate any occurrence and settle any claim or action that may result. But: (1) The amount we will pay for compensatory damages is limited as described in Section III - Limits of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A, B or D or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments - Coverages A, B and D. b. This insurance applies to bodily injury and property damage only if: (1) The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory ; (2) The bodily injury or property damage occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II - Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim, knew that the bodily injury or property damage had occurred, in whole or in part. If such a listed insured or authorized employee knew, prior to the policy period, that the bodily injury or property damage occurred, then any continuation, change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Bodily injury or property damage which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section II - Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim, includes any continuation, change or resumption of that bodily injury or property damage after the end of the policy period. d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II - Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim: (1) Reports all, or any part, of the bodily injury or property damage to us or any other insurer; (2) Receives a written or verbal demand or claim for compensatory damages because of the bodily injury or property damage ; or (3) Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. e. Compensatory damages because of bodily injury include compensatory damages claimed by any person or organization for care, loss of services or death resulting at any time from the bodily injury. 2. Exclusions This insurance does not apply to: a. Expected or Intended Injury or Damage Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property (Rev. 17Nov08) P. 1 of 17
116 2. Exclusions (continued) b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay compensatory damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for compensatory damages : (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an insured contract, provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract, reasonable legal fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be compensatory damages because of bodily injury or property damage, provided: (a) Liability to such party for, or for the cost of, that party s defence has also been assumed in the same insured contract ; and (b) Such legal fees and litigation expenses are for defence of that party against a civil or alternative dispute resolution proceeding in which compensatory damages to which this insurance applies are alleged. c. Workers Compensation and Similar Laws Any obligation of the insured under a workers compensation, disability benefits or unemployment or employment compensation law or any similar law. d. Employer s Liability Bodily injury to: (1) An employee of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured s business; or (2) The spouse, child, grandchild, parent, grandparent, brother or sister of that employee as a consequence of Paragraph 2.d. (1) above. This exclusion applies: (i) Whether the insured may be liable as an employer or in any other capacity; and (ii) To any obligation to share compensatory damages with or repay someone else who must pay compensatory damages because of the injury. This exclusion does not apply to: (a) Liability assumed by the insured under an insured contract ; or (b) A claim made or an action brought by a Canadian resident employee on whose behalf contributions are made by or required to be made by you under the provisions of any Canadian provincial or territorial workers compensation law, if cover or benefits have been denied by any Canadian Workers Compensation Authority. e. Aircraft or Watercraft Bodily injury or property damage arising out of the ownership, maintenance, use or entrustment to others by or on behalf of any insured of: (a) Any aircraft, air cushion vehicle or watercraft owned or operated by or rented or loaned to any insured; or (b) Any premises for the purpose of an airport or aircraft landing area and all operations necessary or incidental thereto. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the occurrence which caused the bodily injury or property damage involved the ownership, maintenance, use or entrustment to others of any aircraft or watercraft that is owned or operated by, or on behalf of, or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 8 metres long; and (b) Not being used to carry persons or property for a charge; or (3) Bodily injury to an employee of the insured on whose behalf contributions are made by or required to be made by the insured under the provisions of any Canadian provincial or territorial workers compensation law, if the bodily injury results from an occurrence involving watercraft. f. Automobile Bodily injury or property damage arising directly or indirectly, in whole or in part, out of the ownership, maintenance, use or entrustment to others of any automobile owned or operated by, or on behalf of, or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion also applies to any motorized snow vehicle or its trailers and, in addition, applies to any vehicle while being used in any speed or demolition contest or in any stunting activity or in practice or preparation for any such contest or activity. This exclusion also applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the occurrence which caused the bodily injury or property damage involved the ownership, maintenance, use or entrustment to others of any automobile that is owned or operated by, or on behalf of, or rented or loaned to any insured (Rev. 17Nov08) P. 2 of 17
117 2. Exclusions (continued) This exclusion applies regardless of any other contributing or aggravating cause or event that contributes concurrently or in any sequence to the bodily injury or property damage. This exclusion does not apply to: (1) Bodily injury to an employee of the insured on whose behalf contributions are made by or required to be made by the insured under the provisions of any Canadian provincial or territorial workers compensation law. (2) Bodily injury or property damage arising out of a defective condition in, or improper maintenance of, any automobile owned by you while leased to others for a period of 30 days or more provided the lessee is obligated under contract to ensure that the automobile is insured. (3) Bodily injury or property damage arising out of the ownership, use or operation of machinery, apparatus or equipment mounted on or attached to any type of vehicle while at the site of the use or operation of such equipment. But this exception does not apply when such equipment is mounted on or attached to an automobile and such equipment is used for the purpose of loading or unloading. (4) Bodily injury or property damage arising out of loading or unloading if such operations are precluded from coverage under the motor vehicle section of any provincial or territorial act or regulation. g. Damage to Property Property damage to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another s property; (2) Premises you sell, give away or abandon, if the property damage arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in your care, custody or control; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the property damage arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraph (2) of this exclusion does not apply if the premises are your work and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products-completed operations hazard. h. Damage to Your Product Property damage to your product arising out of such products or any part of such products. i. Damage to Your Work Property damage to your work arising out of such work or any part of such work and included in the productscompleted operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. j. Damage to Impaired Property or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in your product or your work ; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. k. Recall of Products, Work or Impaired Property Compensatory damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) Your product ; (2) Your work ; or (3) Impaired property ; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. l. Electronic Data Compensatory damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. m. Explosion, Collapse and Underpinning Property damage arising out of: (1) The use of explosives for blasting; (2) Vibration from pile driving or caisson work; or (3) The removal or weakening of support of any property, building or land whether such support be natural or otherwise (Rev. 17Nov08) P. 3 of 17
118 2. Exclusions (continued) This exclusion does not apply: (i) To property damage arising out of work performed on your behalf by any contractor or sub-contractor; (ii) To property damage included within the products-completed operations hazard ; or (iii) To property damage for which liability is assumed by you under an insured contract. n. Personal and Advertising Injury Bodily injury arising out of personal and advertising injury. o. Professional Services Bodily injury (other than incidental medical malpractice injury ) or property damage due to the rendering of or failure to render by you or on your behalf, of any professional services for others, or any error or omission, malpractice or mistake in providing those services. p. Abuse (1) Claims or actions arising directly or indirectly from abuse committed or alleged to have been committed by any insured, including the transmission of disease arising out of any act of abuse. (2) Claims or actions based on the insured s practices of employee hiring, acceptance of volunteer workers or supervision or retention of any person alleged to have committed abuse. (3) Claims or actions alleging knowledge by any insured of, or failure to report, the alleged abuse to the appropriate authority(ies). q. Asbestos - see Common Exclusions. r. Fungi or Spores - see Common Exclusions. s. Nuclear Energy Liability- see Common Exclusions. t. Pollution - see Common Exclusions. u. Terrorism - see Common Exclusions. v. War Risks - see Common Exclusions. Coverage B. Personal and Advertising Injury Liability This insurance applies only when a Personal and Advertising Injury Limit is shown on the Coverage Summary. 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as compensatory damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any action seeking those compensatory damages. However, we will have no duty to defend the insured against any action seeking compensatory damages for personal and advertising injury to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or action that may result. But: (1) The amount we will pay for compensatory damages is limited as described in Section III - Limits of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A, B or D or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments - Coverages A, B and D. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to: a. Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. b. Material Published with Knowledge of Falsity Personal and advertising injury arising out of oral or written publication of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior to Policy Period Personal and advertising injury arising out of oral or written publication of material whose first publication took place before the beginning of the policy period. d. Criminal Acts Personal and advertising injury arising out of the willful violation of a penal statute or ordinance committed by the insured or with the insured s consent. e. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for compensatory damages that the insured would have in the absence of the contract or agreement. f. Breach of Contract Personal and advertising injury arising out of a breach of contract, except an implied contract to use another s advertising idea in your advertisement (Rev. 17Nov08) P. 4 of 17
119 2. Exclusions (continued) g. Quality or Performance of Goods - Failure to Conform to Statements Personal and advertising injury arising out of the failure of goods, products or services to conform with any statement of quality or performance made in the insured s advertisement. h. Wrong Description of Prices Personal and advertising injury arising out of the wrong description of the price of goods, products or services stated in the insured s advertisement. i. Infringement of Copyright, Patent, Trademark or Trade Secret Personal and advertising injury arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. However, this exclusion does not apply to infringement, in your advertisement, of copyright, trade dress or slogan. j. Insureds in Media and Internet Type Businesses Personal and advertising injury committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of websites for others; or (3) An Internet search, access, content or service provider. However, this exclusion does not apply to paragraphs 24. a., b. and c. of personal and advertising injury under Section V - Definitions. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. l. Unauthorized Use of Another s Name or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in the insured s address, domain name or metatag, or any other similar tactics to mislead another s potential customers. m. Abuse (1) Claims or actions arising directly or indirectly from abuse committed or alleged to have been committed by any insured, including the transmission of disease arising out of any act of abuse. (2) Claims or actions based on the insured s practices of employee hiring, acceptance of volunteer workers or supervision or retention of any person alleged to have committed abuse. (3) Claims or actions alleging knowledge by any insured of, or failure to report, the alleged abuse to the appropriate authority(ies). n. Asbestos - see Common Exclusions. o. Fungi or Spores - see Common Exclusions. p. Nuclear Energy Liability - see Common Exclusions. q. Pollution - see Common Exclusions. r. Terrorism - see Common Exclusions. s. War Risks - see Common Exclusions. Coverage C. Medical Payments This insurance applies only when a Medical Expense Limit is shown on the Coverage Summary. 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) The accident takes place in the coverage territory and during the policy period; (2) The expenses are incurred and reported to us within one year of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance as described in Section III - Limits of Insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury : a. Any Insured To any insured, except volunteer workers. b. Hired Person (Rev. 17Nov08) P. 5 of 17
120 2. Exclusions (continued) To a person hired to do work for or on behalf of any insured or tenant of any insured. c. Injury on Normally Occupied Premises To a person injured on that part of premises the insured owns or rents that the person normally occupies. d. Workers Compensation and Similar Laws To a person, whether or not an employee of any insured, if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. Athletic Activities To a person injured while practising, instructing or participating in any physical exercises or games, sports or athletic contests. f. Products-Completed Operations Hazard Included within the products-completed operations hazard. g. Prohibited Payments The payment of which is prohibited by law. h. Coverage A Exclusions Excluded under Coverage A. Coverage D. Tenants Legal Liability This insurance applies only when a Tenants Legal Liability Limit is shown on the Coverage Summary. 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as compensatory damages because of property damage to which this insurance applies. This insurance applies only to property damage to premises of others rented to you or occupied by you. We will have the right and duty to defend the insured against any action seeking those compensatory damages. However, we will have no duty to defend the insured against any action seeking compensatory damages for property damage to which this insurance does not apply. We may, at our discretion, investigate any occurrence and settle any claim or action that may result. But: (1) The amount we will pay for compensatory damages is limited as described in Section III - Limits of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A, B or D or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments - Coverages A, B and D. b. This insurance applies to property damage only if: (1) The property damage is caused by an occurrence that takes place in the coverage territory ; (2) The property damage occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II - Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim, knew that the property damage had occurred, in whole or in part. If such a listed insured or authorized employee knew, prior to the policy period, that the property damage occurred, then any continuation, change or resumption of such property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Property damage which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section II - Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim, includes any continuation, change or resumption of that property damage after the end of the policy period. d. Property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II - Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim: (1) Reports all, or any part, of the property damage to us or any other insurer; (2) Receives a written or verbal demand or claim for compensatory damages because of the property damage ; or (3) Becomes aware by any other means that property damage has occurred or has begun to occur. 2. Exclusions This insurance does not apply to: a. Expected or Intended Damage Property damage expected or intended from the standpoint of the insured. b. Contractual Liability Property damage for which the insured is obligated to pay compensatory damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for compensatory damages : (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an insured contract, provided the property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract, reasonable legal fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be compensatory damages because of property damage, provided: (Rev. 17Nov08) P. 6 of 17
121 2. Exclusions (continued) (a) Liability to such party for, or for the cost of, that party s defence has also been assumed in the same insured contract ; and (b) Such legal fees and litigation expenses are for defence of that party against a civil or alternative dispute resolution proceeding in which compensatory damages to which this insurance applies are alleged. c. Property Damage (1) Property damage for the cost of making good: (a) Faulty or improper material; (b) Faulty or improper workmanship; or (c) Faulty or improper design; provided, however, to the extent otherwise insured and not otherwise excluded under this policy, resultant property damage to the property is insured. (2) Property damage for wear and tear, gradual deterioration, normal upkeep, latent defect, or inherent vice. d. Data Data liability for: (1) Erasure, destruction, corruption, misappropriation, misinterpretation of data; or (2) Erroneously creating, amending, entering, deleting or using data; and any loss of use arising therefrom. e. Asbestos - see Common Exclusions. f. Fungi or Spores - see Common Exclusions. g. Nuclear Energy Liability- see Common Exclusions. h. Pollution - see Common Exclusions. i. Terrorism - see Common Exclusions. j. War Risks - see Common Exclusions. Common Exclusions - Coverages A, B, C and D This insurance does not apply to: 1. Asbestos Bodily injury, property damage, or personal and advertising injury related to or arising from any actual, alleged or threatened liability for any legal remedy of any kind whatsoever (including but not limited to damages, interest, mandatory or other injunctive relief, statutory orders or penalties, legal or other costs, or expenses of any kind) in respect of actual, alleged or threatened loss, damage, cost or expense directly or indirectly caused by, resulting from, in consequence of or in any way involving, asbestos or any materials containing asbestos in whatever form or quantity. This exclusion applies regardless of any other contributing or aggravating cause or event that contributes concurrently or in any sequence to the bodily injury, property damage or personal and advertising injury. 2. Fungi or Spores (1) Bodily injury, property damage, personal and advertising injury or any other cost, loss or expense incurred by others, arising directly or indirectly from the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, presence of, spread of, reproduction of, discharge of or other growth of, any fungi or spores however caused, including any costs or expenses incurred to prevent, respond to, test for, monitor, abate, mitigate, remove, clean up, contain, remediate, treat, detoxify, neutralize, assess or otherwise deal with or dispose of fungi or spores ; (2) Any supervision, instructions, recommendations, warnings, or advice given or which should have been given in connection with (1) above; or (3) Any obligation to pay damages, share damages with or repay someone else who must pay damages because of such injury or damage referred to in (1) or (2) above. This exclusion applies regardless of any other contributing or aggravating cause or event that contributes concurrently or in any sequence to the bodily injury, property damage or personal and advertising injury. For the purpose of the following exception: (a) Property damage means physical injury to animals. (b) Products-completed operations hazard means all bodily injury and property damage that arises out of your product provided the bodily injury or property damage occurs after you have relinquished physical possession of your product. This exclusion does not apply to bodily injury or property damage included in the products-completed operations hazard arising directly or indirectly from, fungi or spores that are found in or on, or are, your product, and you intend your product to be: (i) applied topically to; or (ii) ingested by; humans or animals. 3. Nuclear Energy Liability (1) Liability imposed by or arising from a nuclear liability act, law or statute, or any law amendatory thereof; (2) Bodily injury, property damage or personal and advertising injury with respect to which any insured under this policy is also insured under a contract of nuclear energy liability insurance (whether the insured is unnamed in such contract and whether or not it is legally enforceable by the insured), issued by the Nuclear Insurance Association of Canada or any (Rev. 17Nov08) P. 7 of 17
122 3. Nuclear Energy Liability (continued) other insurer or group or pool of insurers or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; (3) Bodily injury, property damage or personal and advertising injury resulting directly or indirectly from the nuclear energy hazard arising from: a. The ownership, maintenance, operation or use of a nuclear facility by or on behalf of an insured; b. The furnishing by an insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility ; or c. The possession, consumption, use, handling, disposal or transportation of fissionable substances, or of other radioactive material (except radioactive isotopes, away from a nuclear facility, which have reached the final stage of fabrication so as to be useable for any scientific, medical, agricultural, commercial or industrial purpose) used, distributed, handled or sold by an insured. This exclusion applies regardless of any other contributing or aggravating cause or event that contributes concurrently or in any sequence to the bodily injury, property damage or personal and advertising injury. 4. Pollution (1) Bodily injury, property damage or personal and advertising injury arising out of the actual, alleged or threatened spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of pollutants : a. At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (i) Bodily injury if sustained within a building and caused by smoke, fumes, vapour or soot from equipment used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building s occupants or their guests; (ii) Bodily injury or property damage for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or (iii) Bodily injury or property damage arising out of heat, smoke or fumes from a hostile fire ; b. At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; c. Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for: (i) Any insured; or (ii) Any person or organization for whom you may be legally responsible; d. At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to: (i) Bodily injury or property damage arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; (ii) Bodily injury or property damage sustained within a building and caused by the release of gases, fumes or vapours from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii) Bodily injury or property damage arising out of heat, smoke or fumes from a hostile fire ; or e. At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify, decontaminate, stabilize, remediate, or neutralize, or in any way respond to, or assess the effects of, pollutants. (2) Any loss, cost or expense arising out of any: a. Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, pollutants ; or b. Claim or action by or on behalf of a governmental authority for compensatory damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, pollutants. However, this Section (2) does not apply to liability for compensatory damages because of property damage that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or action by or on behalf of a governmental authority (Rev. 17Nov08) P. 8 of 17
123 5. Terrorism Bodily injury, property damage or personal and advertising injury arising directly or indirectly, in whole or in part, out of terrorism or out of any activity or decision of a government agency or other entity to prevent, respond to or terminate terrorism. This exclusion applies regardless of any other contributing or aggravating cause or event that contributes concurrently or in any sequence to the bodily injury, property damage or personal and advertising injury. 6. War Risks Bodily injury, property damage or personal and advertising injury arising directly or indirectly, in whole or in part, out of war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military power. This exclusion applies regardless of any other contributing or aggravating cause or event that contributes concurrently or in any sequence to the bodily injury, property damage or personal and advertising injury. Supplementary Payments - Coverages A, B and D 1. We will pay, with respect to any claim we investigate or settle, or any action against an insured we defend: a. All expenses we incur. b. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. c. All reasonable expenses you incur at our request to assist us in the investigation or defence of the claim or action, including actual loss of earnings up to $250 a day because of time off from work. d. All costs assessed or awarded against you in the action. e. Any interest accruing after entry of judgment but only upon that part of the judgment which is within the applicable limit of insurance and which has accrued before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against an action and an indemnitee of the insured is also named as a party to the action, we will defend that indemnitee if all of the following conditions are met: a. The action against the indemnitee seeks compensatory damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract ; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defence of, that indemnitee, has also been assumed by the insured in the same insured contract ; d. The allegations in the action and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defence of that indemnitee against such action and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Co-operate with us in the investigation, settlement or defence of the action ; (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the action ; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Co-operate with us with respect to co-ordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the action ; and (b) Conduct and control the defence of the indemnitee in such action. As long as the above conditions are met, legal fees incurred by us in the defence of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments and, notwithstanding the provisions of Paragraph 2.b.(2) of Section I - Coverage A - Bodily Injury and Property Damage Liability, such payments will not be deemed to be compensatory damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for legal fees and necessary litigation expenses as Supplementary Payments ends when: a. We have used up the applicable limit of insurance in the payment of judgments or settlements; or b. The conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. Section II - Who Is An Insured 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership, limited liability partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business (Rev. 17Nov08) P. 9 of 17
124 Section II - Who Is An Insured (continued) c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, limited liability partnership, joint venture or limited liability company, you are an insured. Your executive officers and directors are insureds, but only with respect to their duties as your officers or directors. Your shareholders are also insureds, but only with respect to their liability as shareholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Your volunteer workers but only while performing duties related to the conduct of your business, or your employees, other than either your executive officers (if you are an organization other than a partnership, limited liability partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these employees or volunteer workers are insureds for: (1) Bodily injury or personal and advertising injury : (a) To you, to your partners or members (if you are a partnership, limited liability partnership or joint venture), to your members (if you are a limited liability company), to a co- employee while in the course of his or her employment or performing duties related to the conduct of your business, or to your other volunteer workers while performing duties related to the conduct of your business; (b) To the spouse, child, grandchild, parent, grandparent, brother or sister of that co- employee or volunteer worker as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share compensatory damages with or repay someone else who must pay compensatory damages because of the injury described in Paragraphs (1)(a) or (1)(b) above; (d) Arising out of his or her providing or failing to provide professional health care services; or (e) To any person who at the time of injury is entitled to benefits under any workers compensation or disability benefits law or a similar law. (2) Property damage to property: (a) Owned, occupied or used by; or (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by; you, any of your employees, volunteer workers, any partner or member (if you are a partnership, limited liability partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your employee or volunteer worker ), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this policy. 3. Any organization you newly acquire or form, other than a partnership, limited liability partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverages A and D do not apply to bodily injury or property damage that occurred before you acquired or formed the organization; and c. Coverage B does not apply to personal and advertising injury arising out of an offence committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership, limited liability partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. Section III - Limits of Insurance 1. The Limits of Insurance shown in the Coverage Summary and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or actions brought; or c. Persons or organizations making claims or bringing actions. 2. The General Aggregate Limit is the most we will pay for the sum of: a. Compensatory damages under Coverage A, except compensatory damages because of bodily injury or property damage included in the products-completed operations hazard ; and b. Compensatory damages under Coverage B; and c. Medical expenses under Coverage C. 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for compensatory damages because of bodily injury and property damage included in the products-completed operations hazard (Rev. 17Nov08) P. 10 of 17
125 Section III - Limits of Insurance (continued) 4. Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all compensatory damages because of all personal and advertising injury sustained by any one person or organization. 5. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Compensatory damages under Coverage A; and b. Medical expenses under Coverage C; because of all bodily injury and property damage arising out of any one occurrence. 6. The Tenants Legal Liability Limit is the most we will pay under Coverage D for compensatory damages because of property damage to any one premises. 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. 8. Deductible a. Our obligation under Property Damage Liability and Tenants Legal Liability to pay compensatory damages on your behalf applies only to the amount of compensatory damages in excess of any deductible amounts stated in the Coverage Summary as applicable to such coverages, and the Limits of Insurance applicable to each occurrence for Property Damage Liability and any one premises for Tenants Legal Liability will be reduced by the amount of such deductible. b. The deductible amount applies as follows: 1) Under Coverage A: To all compensatory damages because of property damage as the result of any one occurrence, regardless of the number of persons or organizations who sustain compensatory damages because of that occurrence. 2) Under Coverage D: To all compensatory damages because of property damage as the result of any one occurrence, regardless of the number of persons or organizations who sustain compensatory damages because of that occurrence. c. The terms of this insurance, including those in respect to: 1) Our right and duty to defend any action seeking those compensatory damages ; and 2) Your duties in the event of an occurrence, claim or action ; apply irrespective of the application of the deductible amount. d. We may pay any part or all of the deductible amount to effect settlement of any claim or action and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. Section IV - Commercial General Liability Conditions 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this policy. 2. Canadian Currency Clause All limits of insurance, premiums and other amounts as expressed in this policy are in Canadian currency. 3. Termination a. The first Named Insured shown in the Declarations may terminate this policy by mailing or delivering to us advance written notice of termination. b. We may terminate this policy by mailing or delivering to the first Named Insured written notice of termination at least: (1) 5 days before the effective date of termination if the notice is personally delivered; (2) 15 days before the effective date of termination if notice is mailed and termination is for non-payment of premium; or (3) 30 days before the effective date of termination if notice is mailed and termination is for any other reason. Except in Quebec, if notice is mailed, termination takes effect 15 or 30 days after receipt of the letter by the post office to which it is addressed, depending upon the reason for termination. Proof of mailing will be sufficient proof of notice. In Quebec, termination takes effect either 15 or 30 days after receipt of the notice at the last known address of the first Named Insured, depending upon the reason for termination. c. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. d. The policy period will end on the date termination takes effect. e. If this policy is terminated, we will send the first Named Insured any premium refund due. If we terminate, the refund will be pro rata. If the first Named Insured terminates, the refund may be less than pro rata. The termination will be effective even if we have not made or offered a refund, but in no event shall the short rate premium for the expired time be deemed to be less than any minimum retained premium specified (Rev. 17Nov08) P. 11 of 17
126 4. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. 5. Duties in the Event of Occurrence, Offense, Claim or Action a. You must see to it that we are notified as soon as practicable of any occurrence or offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the occurrence or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or action is brought against any insured, you must: (1) Immediately record the specifics of the claim or action and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or action as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with any claim or action ; (2) Authorize us to obtain records and other information; (3) Co-operate with us in the investigation or settlement of the claim or defence of the action ; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured s own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 6. Examination of Your Books and Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. 7. Inspections and Surveys a. We have the right to: 1. Make inspections and surveys at any time; 2. Give you reports on the conditions we find; and 3. Recommend changes. b. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. We do not warrant that conditions: 1. Are safe or healthful; or 2. Comply with laws, regulations, codes or standards. c. Paragraphs a. and b. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. d. Paragraph b. of this condition does not apply to any inspections, surveys, reports or recommendations we may make relative to certification, under federal, state, provincial or municipal statutes, ordinances, bylaws or regulations, of boilers, pressure vessels or elevators. 8. Legal Action Against Us No person or organization has a right under this policy: a. To join us as a party or otherwise bring us into an action asking for compensatory damages from an insured; or b. To sue us on this policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for compensatory damages that are not payable under the terms of this policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant s legal representative. 9. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A, B or D of this policy, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. Excess Insurance below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c. Method of Sharing below. b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is Fire, Extended Coverage, Builder s Risk, Installation Risk or similar coverage for your work ; (Rev. 17Nov08) P. 12 of 17
127 9. Other Insurance (continued) (ii) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (iii) If the loss arises out of the maintenance or use of aircraft, automobiles or watercraft to the extent not subject to Exclusions e. or f. of Section I - Coverage A - Bodily Injury and Property Damage Liability. (2) Any other primary insurance available to you covering liability for compensatory damages arising out of the premises or operations or products-completed operations for which you have been added as an additional insured by attachment of an endorsement. When this insurance is excess, we will have no duty under Coverages A, B or D to defend the insured against any action if any other insurer has a duty to defend the insured against that action. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured s rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1)The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2)The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Coverage Summary of this policy. c. Method of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 10. Premium Audit a. We will compute all premiums for this Form in accordance with our rules and rates. b. Premium shown on the Coverage Summary as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured subject to the retention of the minimum retained premium shown on the Coverage Summary of this policy. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. d. Where the premium computation in this policy is on a flat, non-adjustable basis, no insured is entitled to a premium adjustment. 11. Premiums The first Named Insured shown on the Declarations: a. Is responsible for the payment of all premiums; and b. Will be the payee for any return premiums we pay. 12. Representations By accepting this policy, you agree that: a. The statements on the Declarations and Coverage Summary are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. 13. Separation of Insureds, Cross Liability Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, and unless otherwise expressed in this policy, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or action is brought. 14. Transfer of Rights of Recovery Against Others to Us If the insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring action or transfer those rights to us and help us enforce them. 15. Transfer of Your Rights and Duties Under this Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual Named Insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property (Rev. 17Nov08) P. 13 of 17
128 Section V - Definitions 1. Abuse means any act or threat involving molestation, harassment, corporal punishment or any other form of physical, sexual or mental abuse. 2. Action means a civil proceeding in which compensatory damages because of bodily injury, property damage or personal and advertising injury to which this insurance applies are alleged. Action includes: a. An arbitration proceeding in which such compensatory damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such compensatory damages are claimed and to which the insured submits with our consent. 3. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding websites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. 4. Automobile means a land motor vehicle, trailer or semi-trailer that is required by law to be insured under a contract evidenced by a motor vehicle liability policy, or any vehicle, trailer or semi-trailer insured under such a contract, including any attached machinery or equipment. 5. Bodily injury means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 6. Compensatory damages means damages due or awarded in payment for actual injury or economic loss. Compensatory damages does not include fines, penalties, punitive or exemplary damages or the multiple portion of any multiplied damage award. 7. Coverage Summary means the coverage summary section applicable to this policy. 8. Coverage territory means: a. Canada and the United States of America (including its territories and possessions); b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of an insured person whose home is in the territory described in a. above, but is away for a short time on your business; or (3) Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication; and provided the insured s responsibility to pay compensatory damages is determined in an action on the merits, in the territory described in a. above or in a settlement we agree to. 9. Data means representation of information or concepts in any form including electronic data. 10. Electronic Data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 11. Employee includes a leased worker and a temporary worker. 12. Executive officer means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 13. Fissionable substance means any prescribed substance that is, or from which can be obtained, a substance capable of releasing atomic energy by nuclear fission. 14. Fungi includes, but is not limited to, any form or type of mould, yeast, mushroom or mildew, whether or not allergenic, pathogenic or toxigenic, and any substance, vapour or gas produced by, emitted from or arising out of any fungi or spores or resultant mycotoxins, allergens or pathogens. 15. Hostile fire means a fire which becomes uncontrollable or breaks out from where it was intended to be. 16. Impaired property means tangible property, other than your product or your work, that cannot be used or is less useful because: a. It incorporates your product or your work that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or removal of your product or your work ; or b. Your fulfilling the terms of the contract or agreement. 17. Incidental medical malpractice injury means bodily injury arising out of the rendering of or failure to render, during the policy period, the following services: a. Medical, surgical, dental, x-ray or nursing services or treatment or the furnishing of food or beverages in connection therewith; or b. The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances; (Rev. 17Nov08) P. 14 of 17
129 Section V Definitions (continued) by any insured or any indemnitee causing the incidental medical malpractice injury who is not engaged in the business or occupation of providing any of the services described in a. and b. above. 18. Insured contract means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract ; b. A sidetrack agreement; c. An easement or license agreement in connection with vehicle or pedestrian private railroad crossings at grade; d. Any other easement agreement; e. An obligation, as required by ordinance or bylaw, to indemnify a municipality, except in connection with work for a municipality; f. An elevator maintenance agreement; or g. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for compensatory damages because of bodily injury or property damage to a third person or organization, provided the contract or agreement is made prior to the bodily injury or property damage, and the bodily injury or property damage is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph g. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services, including those listed in (1) above and supervisory inspection, architectural or engineering activities. 19. Leased worker means a person leased to you by a labour leasing firm under an agreement between you and the labour leasing firm, to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 20. Loading or unloading means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or automobile ; b. While it is in or on an aircraft, watercraft or automobile ; or c. While it is being moved from an aircraft, watercraft or automobile to the place where it is finally delivered; but loading or unloading does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or automobile. 21. Nuclear energy hazard means the radioactive, toxic, explosive, or other hazardous properties of radioactive material. 22. Nuclear facility means: a. Any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of plutonium, thorium and uranium or any one or more of them; b. Any equipment or device designed or used for (i) separating the isotopes of plutonium, thorium and uranium or any one or more of them, (ii) processing or utilizing spent fuel, or (iii) handling, processing or packaging waste; c. Any equipment or device used for the processing, fabricating or alloying of plutonium, thorium or uranium enriched in the isotope uranium 233 or in the isotope uranium 235, or any one or more of them if at any time the total amount of such material in custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; or d. Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste radioactive material; and includes the site on which any of the foregoing is located, together with all operations conducted thereon and all premises used for such operations. 23. Occurrence means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 24. Personal and advertising injury means injury, including consequential bodily injury, arising out of one or more of the following offences: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person s or organization s goods, products or services; e. Oral or written publication, in any manner, of material that violates a person s right of privacy; f. The use of another s advertising idea in your advertisement ; or (Rev. 17Nov08) P. 15 of 17
130 Section V - Definitions (continued) g. Infringing upon another s copyright, trade dress or slogan in your advertisement. 25. Pollutants mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, odour, vapour, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 26. Products-completed operations hazard : a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, your work will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include bodily injury or property damage arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the loading or unloading of that vehicle by any insured: or (2) The existence of tools, uninstalled equipment or abandoned or unused materials. 27. Professional services shall include but not be limited to: a. Medical, surgical, dental, x-ray or nursing service or treatment, or the furnishing of food or beverages in connection therewith; b. Any professional service or treatment conducive to health; c. Professional services of a pharmacist; d. The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances; e. The handling or treatment of deceased human bodies including autopsies, organ donations or other procedures; f. Any cosmetic, body piercing, tonsorial, massage, physiotherapy, chiropody, hearing aid, optical or optometric services or treatments; g. The preparation or approval of maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; h. Supervisory, inspection, architectural, design or engineering services; i. Accountant s, advertiser s, notary s (Quebec), public notary s, paralegal s, lawyer s, real estate broker s or agent s, insurance broker s or agent s, travel agent s, financial institution s, or consultant s professional advices or activities; j. Any computer programming or re-programming, consulting, advisory or related services; or k. Claim, investigation, adjustment, appraisal, survey or audit services. 28. Property damage means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance, electronic data is not tangible property. 29. Radioactive material means uranium, thorium, plutonium, neptunium, their respective derivatives and compounds, radioactive isotopes of other elements and any other substances which may be designated by any nuclear liability act, law or statute, or any law amendatory thereof, as being prescribed substances capable of releasing atomic energy, or as being requisite for the production, use or application of atomic energy. 30. Spores includes, but is not limited to, any reproductive particle or microscopic fragment produced by, emitted from or arising out of any fungi. 31. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short-term workload conditions. 32. Terrorism means an ideologically motivated unlawful act or acts, including but not limited to the use of violence or force or threat of violence or force, committed by or on behalf of any group(s), organization(s) or government(s) for the purpose of influencing any government and/or instilling fear in the public or a section of the public. 33. Volunteer worker means a person who is not your employee, and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 34. Your product : a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (Rev. 17Nov08) P. 16 of 17
131 Section V - Definitions (continued) (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of your product ; and (2) The providing of or failure to provide warnings or instructions c. Does not include vending machines or other property rented to or located for the use of others but not sold. 35. Your work : a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of your work ; and (2) The providing of or failure to provide warnings or instructions (Rev. 17Nov08) P. 17 of 17
132 PROPERTY DAMAGE LIABILITY ENDORSEMENT (Rev. 07Dec06) This coverage, together with all terms, conditions and exclusions of this policy and subject to all terms, insuring agreements, exclusions and conditions hereinafter set forth or attached to or made a part of this policy, completes the Third Party Liability Coverage of this policy. I. INSURING AGREEMENT: The Company agrees to pay on behalf of the Named Insured all sums which the Insured shall become legally obligated to pay as damages because of injury to or destruction of property of others (including loss of use thereof) occurring during the term of coverage (defined in Paragraph IV,) while such property is in the care, custody or control of the Insured. II. LIMITS OF LIABILITY The Company s limit of liability with respect to any one occurrence shall not exceed the amount stated in the Declarations. III. DEDUCTIBLE The amount stated in the Endorsement or Declaration attached to this policy shall be deducted from each adjusted claim hereunder. IV. TERM OF COVERAGE Unless otherwise stated herein the Insurance afforded under this endorsement commences on the effective date of this policy and shall continue until the expiration or cancellation date of the policy or this Coverage. V. EXCLUSIONS This Coverage does not apply to: a) Liability for injury to or destruction of property caused intentionally by or at the direction of the Insured. b) Liability for injury to or destruction of property resulting from the operation of motor vehicles, trailers, aircraft or watercraft including physical damage to any of the foregoing; c) Liability for injury to or destruction of personal property which may be covered as props, sets, wardrobe or miscellaneous equipment, used or to be used on theatrical sets, or any equipment used or to be used in connection with a production(s) which is rented to or leased by the insured, except for loss of use of such property. d) Liability for injury to or destruction of any building rented to or leased by the insured on a permanent basis. e) Liability for Loss or Damage arising out of any Theft or Mysterious or Unexplained Disappearance. Vi. DEFINITION OF INSURED The word Insured means the Named Insured as stated in the Declarations and any employee (or other person under the Named Insured s direct control), partner, officer or director thereof, but only with respect to any act or failure to act on the part of such parties while acting within the scope of their duties as such. VII. DEFENSE, SUPPLEMENTARY PAYMENTS With respect to such insurance as is afforded by this Coverage, this Company shall: a. Defend any suit against the Insured alleging such damage(s) which are payable under the terms of this Coverage, even if any of the allegations of the suit are groundless, false or fraudulent. b. Pay, in addition to the applicable limits of liability:
133 (1) All expenses incurred by the Company, all costs taxed against the Insured in any such suit and all interest on the entire amount of any judgment therein which accrues after entry of the judgment and before this Company has paid or tendered or deposited in court that part of the judgment which does not exceed the limit of this Company s liability hereon; (2) Premiums on appeal bonds required in such suit, premiums on bonds to release attachments for the amount not in excess of the applicable limit of liability of this Coverage, but without any obligation to apply for or furnish any such bonds; (3) All reasonable expenses, other than loss of earnings, incurred by the Insured at the Company s request. VIII. OTHER INSURANCE It is agreed that in the event of there being specific or other insurance, whether prior or subsequent hereto in date and by whomsoever effected, directly or indirectly covering or insuring the risks insured herein, then such other insurance shall first apply and this Coverage shall not be considered as contributing with such other insurance, but shall pay only the difference between the amount recoverable under such insurance and the amount of any loss covered hereunder, not exceeding the limits of liability as outlined in Paragraph II of this section. IX. DETERMINATION OF PREMIUM The premium shall be determined in accordance with the rating schedule attached to and made part of this policy.
134 Condominium Liability Loss Assessment Extension (01Feb06) Attached to and forming part of the Commercial General Liability Form. This insurance is extended as follows: We will pay you for payment of your share of any special assessment levied against the unit owners by the Condominium Corporation in accordance with the governing rules of the Corporation, when such assessment is made necessary by an occurrence covered under this policy. Limits of Insurance The limit of insurance for this Extension as shown on the Coverage Summary under this endorsement, shall be part of and not in addition to the Commercial General Liability limits of insurance shown on the Coverage Summary or in any amending forms, and shall not be cumulative with any limits of insurance stated elsewhere in this insurance. Except as otherwise provided in this Extension, all terms, provisions and conditions of the Commercial General Liability Form shall have full force and effect.
135 Employers Liability Extension (Rev. 01Feb06) Attached to and forming part of the Commercial General Liability Form. This insurance is extended as follows, but only with respect to bodily injury to your Canadian resident employee arising out of and in the course of employment by you in the business described on the Coverage Summary under the item titled Business of Insured: 1. Exclusion d. of Clause 2. of Section I - Coverage A is deleted. 2. e. (3) of Clause 2. of Section I - Coverage A is deleted and replaced by: Bodily injury to an employee of the insured if the bodily injury results from an occurrence involving watercraft. 3. f. (1) of Clause 2. of Section I - Coverage A is deleted and replaced by: Bodily injury to an employee of the insured. The insurance provided by this Extension does not apply to: 1. Bodily injury resulting from the acts or omissions of, or bodily injury sustained by, any person employed by the insured in violation of the law as to age; or 2. Bodily injury arising out of structural alterations which involve changing the size of or moving buildings or other structures, new construction or demolition operations. Limits of Insurance The limit of insurance for this Extension as shown on the Coverage Summary under this endorsement, shall be part of and not in addition to the Commercial General Liability limits of insurance shown on the Coverage Summary or in any amending forms, and shall not be cumulative with any limits of insurance stated elsewhere in this insurance. Deductible In the event of a claim under this Extension, the deductible amount as shown on the Coverage Summary under this endorsement shall apply. Except as otherwise provided in this Extension, all terms, provisions and conditions of the Commercial General Liability Form shall have full force and effect.
136 AMENDING ENDORSEMENT TO EMPLOYERS LIABILITY EXTENSION FORM It is hereby understood and agreed that the following list of activities are excluded from this form: - Extra Hazardous Stunts - Spelunking - Mountaineering - Rock Climbing - Bungee Jumping - Parasailing or air borne activities - Aerial photography Except as otherwise provided in this Endorsement, all terms, provisions and conditions of the Employers Liability Form shall have full force and effect.
137 Employee Benefits - Errors and Omissions Insurance Extension (Rev. 15Feb07) Attached to and forming part of the Commercial General Liability Form. This is a Claims Made form - read it carefully. This insurance is extended as follows: Section I - Coverage Insuring Agreement We will pay those sums which the insured shall become legally obligated to pay on account of any claim or action made against the insured by an employee, former employee or the beneficiaries or legal representatives thereof and reported to us during the policy period and caused by any negligent act, error or omission of the insured, or any other person for whose acts the insured is legally liable, in the administration of your employee benefits programs as defined herein. We have the right and duty to defend any claim or action seeking those sums. But, our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements. Section II - Exclusions 1. Insurance provided by this Extension does not apply to: (a) Any dishonest, fraudulent, criminal or malicious act, libel, slander, discrimination, or humiliation; (b) Bodily injury, property damage or personal and advertising injury ; (c) Failure of performance of contract by an insurer, or any other party, including any insured, obligated to afford the employee benefits ; (d) Failure to comply with any law concerning workers compensation, unemployment insurance, social security or disability benefits; (e) Any claim based upon: (i) Failure of stock, bonds, or other securities to perform as represented by any insured, including but not limited to their failure to produce financial gain, profit or growth; or (ii) Advice given by any insured to an employee to participate or not to participate in stock subscription plans; (f) Failure to comply with the requirements of any statute or common law rule which imposes fiduciary duties and responsibilities with respect to an employee benefit program; or (g) Any resident employee of the United States of America, including any of its territories or possessions. Section III - Deductible In the event of a claim under this Extension, the deductible amount as shown on the Coverage Summary under this endorsement shall apply. Section IV - Policy Period and Territory This Extension applies only to claims or actions resulting from negligent acts, errors or omissions of the insured, or any other person for whose acts the insured is legally liable in the administration of employee benefits programs occurring within Canada, provided such claim is brought against you and reported to us during the policy period and at the effective date of this Policy, you had no knowledge of or could not have reasonably foreseen any circumstances which might result in a claim or action. Section V - Limits of Insurance The limit of insurance for this Extension as shown on the Coverage Summary under this endorsement, shall be in addition to the Commercial General Liability limits of insurance shown on the Coverage Summary or in any amending forms. The limit of insurance for this Extension is the most we will pay in the policy period. Section VI - Notice of Claim(s) When the insured becomes aware of any negligent act, error, mistake or omission, the insured (or someone on the insured s behalf) shall give written notice thereof to us or any of our authorized agents or brokers as soon as practicable. Such notice shall contain particulars sufficient to identify the insured and also reasonably obtainable information respecting the time, place and circumstances of the negligent act, error, mistake or omission. If a claim or action is brought against the insured, the insured shall immediately forward to us every demand, notice, summons, or other process received by the insured or the insured s representative (Rev. 15Feb07) P. 1 of 2
138 Section VII - Additional Definitions Whenever used in this Extension (including endorsements or other forms attached to and forming part hereof): 1. Employee benefits means group life insurance, group accident or health insurance, profit sharing plans, pension plans, employee stock subscription plans, workers compensation, unemployment insurance, social security and disability benefits. 2. Policy period means the period of one year following the effective date of this Form or any renewal date thereof, or any lesser period of the time between the effective date or renewal date and the termination of this Form if less than one year. 3. Administration means: (a) Giving counsel to employees with respect to the employee benefits programs; (b) Interpreting the employee benefits programs; (c) Handling of records in connection with the employee benefits programs; or (d) Effecting enrollment, termination or cancellation of employees under the employee benefits programs; provided all such acts are authorized by you. Except as otherwise provided in this Extension, all terms, provisions and conditions of the Commercial General Liability Form shall have full force and effect (Rev. 15Feb07) P. 2 of 2
139 Elevator Collision Extension (Rev. 01Feb06) Attached to and forming part of the Commercial General Liability Form. This insurance is extended to provide coverage for compensatory damages arising out of your legal liability for property damage to an elevator car in your care, custody or control, caused by accidental collision of the elevator car. This extension does not apply to: (a) Loss of use of property; (b) Any loss resulting directly or indirectly from the breaking, burning out or disrupting of any electrical machine not located within the elevator car; (c) Loss or damage by fire, however caused; or (d) Loss of or damage to property carried in the elevator. Limits of Insurance The limit of insurance for this Extension as shown on the Coverage Summary under this endorsement, shall be part of and not in addition to the Commercial General Liability limits of insurance shown on the Coverage Summary or in any amending forms, and shall not be cumulative with any limits of insurance stated elsewhere in this insurance. The limit of insurance applicable to this Extension is the most we will pay for loss or damage arising out of any one accident or series of accidents arising out of one cause, resulting in damage to or destruction of property of one or more claimants, but this limit of insurance is exclusive of all legal and other expenses incurred by us in the investigation of claims and the defence of suits for damage. If more than one elevator car is covered by this insurance, the limit of insurance for this Extension shall apply separately to each such elevator. Except as otherwise provided in this Extension, all terms, provisions and conditions of the Commercial General Liability Form shall have full force and effect.
140 S.P.F. No. 6 Standard Non-Owned Automobile Policy (Rev. 20Dec07) The limits, terms, provisions and conditions of the above policy are superseded by those of the sub-joined policy so far as they are appropriate to the Indemnity herein provided. Whereas an application has been made by the Applicant (hereinafter called the Insured) to the Insurer for a contract of automobile insurance and the said application forms part of this contract of insurance and is as follows: Items Full name and postal address of applicant (including county or district) As per page 1 of the Declarations Application Policy Period Day / Month / Year Day / Month / Year From To Applicant is As known to Company (State whether Individual, Partnership, Corporation, Municipality or Estate) 12:01 A.M. local time at the applicant s postal address The automobiles in respect of which insurance is to be provided are those not owned in whole or in part by nor licensed in the name of the applicant, used in the applicant s business of: As per Coverage Summary for Liability The applicant s partners, officers, employees and agents as of the date of this application are as follows: Partners, Officers and Employees who regularly use All other partners, officers All Applicant s Agents automobiles not owned by the applicant in his business and employees Location Class A1 Private Passenger Class A2 Commercial Class B Class C 4. Number Rate Premium $ Number Rate Premium $ Number Rate Premium $ Number Rate Premium $ Insured, If any Covered Covered Covered Covered 5. Hired Automobiles - the automobiles hired by the applicant are as follows: Type of Automobile Estimated Cost of Hire $ Rates per $100 of cost of Hire Advanced Premium $ Insured to be reported, if any 6. The Automobiles operated under contract on behalf of the applicant are as follows: Insured to be reported, if any Type of Automobile and Description of Use The advance premium is subject to adjustment at the end of the policy. Estimated Cost of Hire $ Rates per $100 of Contract Cost Advanced Premium $ 7. The advance premium is subject to adjustment at the end of the policy period as provided by the policy. This application is made for insurance against the Perils mentioned in this item and upon the terms and conditions of the Insurer s corresponding standard policy form and for the following Specified Limit. Combined Premiums Insuring Section A - Third Party Liability Agreement Perils Legal liability for bodily injury to or death of any person or damage to property of others not in the care, custody or control of the applicant. Limit Refer to Form No (Exclusive of interest and costs) for loss or damage resulting from bodily injury to or the death of one or more persons, and for loss $ in the Coverage Summary or damage to property, regardless of the number of claims arising for Liability. from any one accident. $ Included Endorsements Refer to Form No in the Coverage Summary for Liability. $ Included Minimum Retained Premium Refer to Form No in the Coverage Summary for Liability. Total Premium $ Included 8. Has any insurer cancelled, declined or refused to renew or issue, automobile Insurance to the applicant within three years preceding this application? If so, state name of insurer. As known to Company. State particulars of all accidents or claims arising out of the use or operation in his business of Non-Owned Automobiles by the applicant within three years preceding this application. 9. Injury to Persons Damage to Property of Others As known to Company. As known to Company. 10. All the statements in this application are true and the applicant hereby applies for a Contract of Automobile Insurance to be based on the truth of the said statements. 11. Where, (a) an Application for a contract gives false particulars of the described automobile to be insured to the prejudice of the Insurer, or knowingly misrepresents or fails to disclose in the application any fact required to be stated therein: or (b) the Insured contravenes a term of the contract or commits a fraud; or (c) the Insured wilfully makes a false statement in respect of a claim under the contract, a claim by the Insured is invalid and the right of the Insured to recover indemnity is forfeited (Rev. 20Dec07) P. 1 of 7
141 S.P.F. No. 6 Standard Non-Owned Automobile Policy (20Dec07) Insuring Agreement Now, therefore, in consideration of the payment of the premium specified and of the statements contained in the application and subject to the limits, terms, conditions, provisions, definitions and exclusions herein stated. Section A - Third Party Liability The Insurer agrees to indemnify the Insured against the liability imposed by law upon the Insured for loss or damage arising from the use or operation of any automobile not owned in whole or in part by or licensed in the name of the Insured, and resulting from Bodily injury to or the death of any person or damage to property of others not in the care, custody or control of the Insured: Provided always the Insurer shall not be liable under this Policy: (a) for any liability which arises from the use or operation of any automobile while personally driven by the Insured if the Insured is an individual; or (b)* for any liability imposed upon any person insured by this Policy: (1) by any workers compensation law; or (2) by any law for bodily injury to or the death of the Insured or any partner, officer or employee of the Insured while engaged in the business of the Insured; or (c) for any liability assumed by any person insured by this Policy voluntarily under any contract or agreement; or (d) for loss of or damage to property carried in or upon an automobile personally driven by any person insured by this Policy or to any property owned or rented by, or in the care, custody or control of any such person; or (e) for any amount in excess of the limit stated in Item 7 of the application and expenditures provided for in the Additional Agreements of this Policy, subject always to the provisions of the section of the Insurance Act (Automobile Insurance Part) relating to the nuclear energy hazard. *Not applicable in the province of Ontario Additional Agreements of Insurer Where indemnity is provided by this Policy, the Insurer further agrees: (1) upon receipt of notice of loss of or damage caused to persons or property to serve any person insured by this Policy by such investigation thereof, or by such negotiations with the claimant, or by such settlement of any resulting claims, as may be deemed expedient by the Insurer; and (2) to defend in the name and on behalf of any person insured by this Policy and at the cost of the Insurer any civil action which may at any time be brought against such person on account of such loss of or damage to persons or property; and (3) to pay all costs taxed against any person insured by this Policy in any civil action defended by the Insurer and any interest accruing after entry of judgement upon that part of the judgment which is within the limits of the Insurer s liability; and (4) in case the injury be to a person, reimburse any person insured by this Policy for outlay for such medical aid as may be immediately necessary at the time of such injury; and (5) to be liable up to the minimum limit(s) prescribed for that province or territory of Canada in which the accident occurred, if that limit(s) is higher than the limit stated in Section A of Item 7 of the application; and (6) not to set up any defense to a claim that might not be set up if the policy were a motor vehicle liability policy issued in the province or territory of Canada in which the accident occurred. Agreements of Insured Where indemnity is provided by this section, every person insured by this Policy: (a) by the acceptance of this Policy, constitutes and appoints the Insurer his irrevocable attorney to appear and defend in any province or territory of Canada in which action is brought against the Insured arising out of the use or operation of an automobile with respect to which insurance is provided hereunder; (b) shall reimburse the Insurer, upon demand, in the amount which the Insurer has paid by reason of the provisions of any statute relating to automobile insurance and which the Insurer would not otherwise be liable to pay under this Policy. General Provisions and Definitions 1. Additional Insureds The Insurer agrees to indemnify in the same manner and to the same extent as if named herein as the Insured, every partner, officer or employee of the Insured who, with the consent of the owner thereof, personally drives (a) in the business of the Insured stated in Item 3 of the application, any automobile not owned in whole or in part by or licensed in the name of (i) the Insured, or (ii) such additional insured person, or (iii) any person or persons residing in the same dwelling premises as the (Rev. 20Dec07) P. 2 of 7
142 General Provisions and Definitions (Continued) 1. Additional Insureds (Continued) Insured or such additional insured person, or (b) any automobile hired or leased in the name of the Insured except an automobile owned in whole or in part or licensed in the name of such additional insured person. 2. Territory This Policy applies only to the use or operation of automobiles within Canada or the United States of America or upon a vessel plying between ports of those countries. 3. Hired Automobiles Defined The term hired automobiles as used in this Policy means automobiles hired or leased from others with or without drivers, used under the control of the Insured in the business stated in Item 3 of the application, but shall not include any automobile owned in whole or in part by or licensed in the name of the Insured or any partner, officer or employee of the Insured. 4. Automobiles Operated Under Contract Defined The term automobiles operated under contract as used in this Policy shall mean automobiles operated in the business of the Insured stated in Item 3 of the application where the complete supervision, direction and control of such automobiles remain with the owner thereof, but shall not include any automobile owned in whole or in part by or licensed in the name of the Insured or any partner, officer or employee of the Insured. 5. Two or More Automobiles When two or more automobiles are insured hereunder, the terms of this Policy shall apply separately to each, but a motor vehicle and a trailer or trailers attached thereto shall be held to be one automobile as respects limits of liability under Section A. 6. Premium Adjustment The Advance Premium stated in Item 5 of the application is computed on the estimated total cost of hire for the Policy Period. The words cost of hire as used herein mean the entire amount incurred for hired automobiles and drivers when such automobiles are hired with drivers, or the amount incurred for hired automobiles and the wages paid to drivers when such drivers are employees of the Insured. The Advance Premium stated in Item 6 of the application is computed on the estimated total contract cost for the Policy Period. The words contract cost as used herein mean the entire amount paid by the Insured for automobiles operated under contract to the owners thereof. The advance premiums are subject to adjustment at the end of the Policy Period when the Insured shall deliver to the Insurer a written statement of the total amounts expended for cost of hire during the Policy Period. If such amounts exceed the estimates stated in the application, the Insured shall immediately pay additional premium at the rates stated therein; if less, the Insurer shall return to the Insured the unearned premium when determined but the Insurer shall, in any event, receive or retain not less than the Minimum Retained Premium stated therein. The Insurer shall have the right and opportunity, whenever the Insurer so desires, to examine the books and records of the Insured to the extent they relate to the premium bases or the subject matter of this Policy. The following Statutory Conditions are applicable to all provinces of Canada (other than Quebec), except that Statutory Condition 2 is amended in certain provinces as stated on page 6 of this Form. Statutory Conditions (Yukon Territory, Northwest Territories, Alberta, Ontario, New Brunswick, Nova Scotia, Prince Edward Island and Newfoundland) In these Statutory Conditions, unless the context otherwise requires, the Insured means a person insured by this contract whether named or not. Note: All of the Statutory Conditions contain the above wording. However, In all of the provinces and territories using these standard approved forms, only Statutory Conditions 1, 8 and 9 are made applicable to accident benefits insurance and uninsured motorist insurance where it is provided by the contract. In the Northwest Territories the definition of insured person must be read as containing in addition the words and includes any person to whom benefits may be payable under the accident benefits set out in the Schedule to the Insurance Ordinance. Material Change in Risk 1. (1) The Insured named in this contract shall promptly notify the Insurer or its local agent in writing of any change in the risk material to the contract and within his knowledge. (2) Without restricting the generality of the foregoing, the words change in the risk material to the contract include: (a) any change in the insurable interest of the Insured named in this contract in the automobile by sale, assignment or otherwise, except through change of title by succession, death or proceedings under the Bankruptcy Act (Canada); and in respect of insurance against loss of or damage to the automobile, (Rev. 20Dec07) P. 3 of 7
143 Material Change in Risk (Continued) (b) any mortgage, lien or encumbrance affecting the automobile after the application for this contract; (c) any other insurance of the same interest, whether valid or not, covering loss or damage insured by this contract or any portion thereof. Note: In Prince Edward Island, Statutory Condition 1, sub-conditions 2 and 3 are identical with the above quoted Statutory Condition relating to material change in risk. Prohibited Use by Insured 2. (1) The Insured shall not drive or operate the automobile, (a) unless he is for the time being either authorized by law or qualified to drive or operate the automobile; or (b) while his licence to drive or operate an automobile is suspended or while his right to obtain a licence is suspended or while he is prohibited under order of any court from driving or operating an automobile; or (c) while he is under the age of sixteen years or under such other age as is prescribed by the law of the province in which he resides at the time this contract is made as being the minimum age at which a licence or permit to drive an automobile may be issued to him; or (d) for any illicit or prohibited trade or transportation; or (e) in any race or speed test. Prohibited Use by Others (2) The Insured shall not permit, suffer, allow or connive at the use of the automobile, (a) by any person, (i) unless that person is for the time being either authorized by law or qualified to drive or operate the automobile; or (ii) while that person is under the age of sixteen (16) years or under such other age as is prescribed by the law of the province in which he resides at the time this contract is made as being the minimum age at which a licence or permit to drive an automobile may be issued to him; or (b) by any person who is a member of the household of the Insured while his licence to drive or operate an automobile is suspended or while his right to obtain a licence is suspended or while he is prohibited under order of any court from driving or operating an automobile; or (c) for any illicit or prohibited trade or transportation; or (d) in any race or speed test. Requirements Where Loss or Damage to Persons or Property 3. (1) The Insured shall, (a) promptly give to the Insurer written notice, with all available particulars, of any accident involving loss or damage to persons or property and of any claim made on account of the accident; (b) verify by statutory declaration, if required by the Insurer, that the claim arose out of the use or operation of the automobile and that the person operating or responsible for the operation of the automobile at the time of the accident is a person insured under this contract; and (c) forward immediately to the Insurer every letter, document, advice or writ received by him from or on behalf of the claimant. (2) The Insured shall not, (a) voluntarily assume any liability or settle any claim except at his own cost; or (b) interfere in any negotiations for settlement or in any legal proceeding. (3) The Insured shall, whenever requested by the Insurer, aid in securing information and evidence and the attendance of any witness and shall co-operate with the Insurer, except in a pecuniary way, in the defence of any action or proceeding or in the prosecution of any appeal. Requirements Where Loss of or Damage to Automobile 4. (1) Where loss of or damage to the automobile occurs, the Insured shall, if the loss or damage is covered by this contract, (a) promptly give notice thereof in writing to the Insurer with the fullest information obtainable at the time; (b) at the expense of the Insurer, and as far as reasonably possible, protect the automobile from further loss or damage; and (c) deliver to the Insurer within ninety (90) days after the date of the loss or damage a statutory declaration stating, to the best of his knowledge and belief, the place, time, cause and amount of the loss or damage, the interest of the Insured and of all others therein, the encumbrances thereon, all other insurance, whether valid or not, covering the automobile and that the loss or damage did not occur through any wilful act or neglect, procurement, means or connivance of the Insured. (2) Any further loss or damage accruing to the automobile directly or indirectly from a failure to protect it as required under subcondition (1) of this condition is not recoverable under this contract. (3) No repairs, other than those that are immediately necessary for the protection of the automobile from further loss or damage, shall be undertaken and no physical evidence of the loss or damage shall be removed, (a) without the written consent of the Insurer; or (Rev. 20Dec07) P. 4 of 7
144 Requirements Where Loss of or Damage to Automobile (Continued) (b) until the Insurer has had a reasonable time to make the examination for which provision is made in statutory condition 5. Examination of Insured (4) The Insured shall submit to examination under oath, and shall produce for examination at such reasonable place and time as is designated by the Insurer or its representative all documents in his possession or control that relate to the matters in question, and he shall permit extracts and copies thereof to be made. Insurer Liable for Cash Value of Automobile (5) The Insurer shall not be liable for more than the actual cash value of the automobile at the time any loss or damage occurs, and the loss or damage shall be ascertained or estimated according to that actual cash value with proper deduction for depreciation, however caused, and shall not exceed the amount that it would cost to repair or replace the automobile, or any part thereof, with material of like kind and quality, but, if any part of the automobile is obsolete and out of stock, the liability of the Insurer in respect thereof shall be limited to the value of that part at the time of loss or damage, not exceeding the maker s latest list price. Repair or Replacement (6) Except where an appraisal has been made, the Insurer, instead of making payment, may, within a reasonable time, repair, rebuild or replace the property damaged or lost, with other of like kind and quality if, within seven days after the receipt of the proof of loss, it gives written notice of its intention to do so. No Abandonment, Salvage (7) There shall be no abandonment of the automobile to the Insurer without the Insurer s consent. If the Insurer exercises the option to replace the automobile or pays the actual cash value of the automobile, the salvage, if any, shall vest in the Insurer. In Case of Disagreement (8) In the event of disagreement as to the nature and extent of the repairs and replacements required, or as to their adequacy if effected, or as to the amount payable in respect of any loss or damage, those questions shall be determined by appraisal as provided under The Insurance Act (in Newfoundland, The Insurance Contracts Act) before there can be recovery under this contract, whether the right to recover on the contract is disputed or not, and independently of all other questions. There shall be no right to an appraisal until a specific demand thereof is made in writing and until after proof of loss has been delivered. Inspection of Automobile 5. The Insured shall permit the Insurer at all reasonable times to inspect the automobile and its equipment. Time and Manner of Payment of Insurance Money 6. (1) The Insurer shall pay the insurance money for which it is liable under this contract within sixty (60) days after the proof of loss has been received by it, or where an appraisal is made under subcondition (8) of statutory condition 4, within fifteen (15) days after the award is rendered by the appraisers. When Action May be Brought (2) The Insured shall not bring an action to recover the amount of a claim under this contract unless the requirements of statutory conditions 3. and 4. are complied with or until the amount of the loss has been ascertained as therein provided or by a judgment against the Insured after trial of the issue or by agreement between the parties with the written consent of the Insurer. Limitation of Actions (3) Every action or proceeding against the Insurer under this contract in respect of loss of or damage to the automobile shall be commenced within one (1) year next after the happening of the loss and not afterwards, and in respect of loss or damage to persons or property shall be commenced within one (1) year next after the cause of action arose and not afterwards. Note: In Yukon Territory, Northwest Territories and New Brunswick, the one (1) year limitation period in sub-condition (3) should read two (2) years. In the case of Nova Scotia, Newfoundland and Prince Edward Island sub-condition (3) reads as follows: (3) Every action or proceeding under this contract against the Insurer in respect of a claim for indemnification for liability of the Insured for loss of or damage to property of another person or for personal injury to or death of another person shall be commenced within two (2) years after the liability of the Insured is established by a court of competent jurisdiction and not afterwards. Every other action or proceeding against the Insurer under this contract in respect of loss of or damage to the automobile shall be commenced within two (2) years from the time the loss or damage was sustained and not afterwards (Rev. 20Dec07) P. 5 of 7
145 Who May Give Notice and Proofs of Claim 7. Notice of claim may be given and proofs of claim may be made by the agent of the Insured named in the contract in case of absence or inability of the Insured to give the notice or make the proof, such absence or inability being satisfactorily accounted for, or in the like case or if the Insured refuses to do so, by a person to whom any part of the insurance money is payable. Termination 8. (1) This contract may be terminated, (a) by the Insurer giving to the Insured fifteen (15) days notice of termination by registered mail or five (5) days written notice of termination personally delivered; (b) by the Insured at any time on request. (2) Where this contract is terminated by the Insurer, (a) the Insurer shall refund the excess of premium actually paid by the Insured over the pro rata premium for the expired time, but in no event shall the pro rata premium for the expired time be deemed to be less than any minimum retained premium specified; and (b) the refund shall accompany the notice unless the premium is subject to adjustment or determination as to the amount, in which case the refund shall be made as soon as practicable. (3) Where this contract is terminated by the Insured, the Insurer shall refund as soon as practicable the excess of premium actually paid by the Insured over the short rate premium for the expired time, but in no event shall the short rate premium for the expired time be deemed to be less than any minimum retained premium specified. (4) The refund may be made by money, postal or express company money order or cheque payable at par. (5) The fifteen (15) days mentioned in clause (a) of subcondition (1) of this condition commences to run on the day following the receipt of the registered letter at the post office to which it is addressed. Note: In the Northwest Territories, paragraph (a) of sub-condition 1 has the following words added: and by notifying the registrar of motor vehicles as required by the Vehicles Ordinance. Notice 9. Any written notice to the Insurer may be delivered at, or sent by registered mail to, the chief agency or head office of the Insurer in the province. Written notice may be given to the Insured named in this contract by letter personally delivered to him or by registered mail addressed to him at his latest post office address as notified to the Insurer. In this condition, the expression registered means registered in or outside Canada. Note: In the Northwest Territories, the reference is to Territories and in the Yukon Territory the reference is to Territory rather than province. Statutory Condition 2 (applicable in the provinces of Saskatchewan, British Columbia and Manitoba) Prohibited Use by Insured 2. (1) The Insured shall not drive or operate the automobile: (a) while under the influence of intoxicating liquor or drugs to such an extent as to be for the time being incapable of the proper control of the automobile; or (b) unless he is for the time being either authorized by law or qualified to drive or operate the automobile; or (c) while he is under the age of sixteen (16) years or under such other age as is prescribed by the law of the province in which he resides at the time this contract is made as being the minimum age at which a licence or permit to drive an automobile may be issued to him; or (d) for any illicit or prohibited trade or transportation; or (e) in any race or speed test. Prohibited Use by Others (2) The Insured shall not permit, suffer, allow or connive at the use of the automobile: (a) by any person under the influence of intoxicating liquor or drugs to such an extent as to be for the time being incapable of the proper control of the automobile; or (b) by any person: (i) unless that person is for the time being either authorized by law or qualified to drive or operate the automobile; or (ii) while that person is under the age of sixteen (16) years or under such other age as is prescribed by the law of the province in which he resides at the time this contract is made as being the minimum age at which a licence or permit to drive an automobile may be issued to him; or (c) for any illicit or prohibited trade or transportation; or (d) in any race or speed test (Rev. 20Dec07) P. 6 of 7
146 In Witness Whereof, the Insurer has executed and attested these presents, but this Policy shall not be valid unless countersigned by a duly authorized representative of the Insurer. Authorized Representative (Rev. 20Dec07) P. 7 of 7
147 S.E.F. No. 99 Excluding Long Term Leased Vehicle Endorsement (for attachment only to a Non-Owned Policy S.P.F. No. 6) (20Dec07) In consideration of the premium for which this policy is issued, it is understood and agreed that Item 3 (Hired Automobiles Defined) of General Provisions and Definitions of the policy to which this endorsement is attached is hereby amended to read as follows: The term Hired Automobiles as used in this policy means (a) automobiles hired or leased from others with drivers or (b) hired or leased by the named Insured from others without driver for periods not exceeding 30 days, used under the control of the Insured in the business stated in Item 3 of the application but shall not include any automobile owned in whole or in part by or licensed in the name of the Insured or any partner, officer or employee of the Insured. This endorsement is attached to and forms part of this policy and shall be effective from the local time and effective date of the policy or renewal thereof, or if added to the policy during the policy period, from the local time and effective date of the endorsement specifying the addition of this coverage. Except as otherwise provided in this endorsement, all limits, terms, conditions, provisions, definitions and exclusions of the policy shall have full force and effect. Signature of Insured
148 S.E.F. 94 Legal Liability for Damage to Hired Automobiles Endorsement (Rev. 20Dec07) For attachment only to a Non-Owned Policy S.P.F. No. 6. In consideration of the premium stated in the coverage summary, it is understood and agreed that the policy to which this endorsement is attached is extended, subject always to the condition that the Insurer shall be liable under the subsection or subsections of the Insuring Agreement hereof for which a premium is stated and no other. Section B - Legal Liability for Damage to Hired Automobiles The Insurer agrees to indemnify the Insured against the liability imposed by law upon the Insured or assumed by the Insured under any contract or agreement for loss or damage arising from the care, custody or control of Hired Automobiles as defined in such policy and resulting from loss or damage thereto, caused solely by: All Perils - from all perils. Deductible Clause Each occurrence causing loss or damage covered under All Perils except loss or damage caused by fire or lightning or theft of the entire automobile covered by All Perils shall give rise to a separate claim in respect of which the Insurer s liability shall be limited to the amount of loss or damage in excess of the amount of the deductible, if any, stated in the coverage summary. Two or More Automobiles A motor vehicle and one or more trailers or semi-trailers attached thereto shall be held to be separate automobiles with respect to the limit of liability, including the deductible provision, if any, under the Insuring Agreement. Exclusions The Insurer shall not be liable: (1) for loss or damage to any automobile while personally driven by the Insured if the Insured is an individual; or (2) under All Perils for loss or damage: (a) to tires or consisting of or caused by mechanical fracture or breakdown of any part of an automobile or by rusting, corrosion, wear and tear, freezing or explosion within the combustion chamber, unless the loss or damage is coincident with other loss or damage covered by All Perils or is caused by fire, theft or malicious mischief covered by All Perils; or (b) to any automobile while being used without the consent of the owner thereof; or (c) caused directly or indirectly by contamination by radioactive material; or (d) to contents of trailers or to rugs or robes; or (e) to tapes and equipment for use with a tape recorder when detached therefrom; or (f) caused directly or indirectly by bombardment, invasion, civil war, insurrection, rebellion, revolution, military or usurped power, or by the operation of armed forces while engaged in hostilities whether war be declared or not; or (g) for any amount in excess of the limit stated on the coverage summary hereof and expenditures provided for in the Additional Agreements of the Policy to which this endorsement is attached. Additional Agreement The Insurer further agrees to pay general average, salvage and fire department charges and custom duties of Canada or of the United States of America for which the Insured is legally liable. This endorsement contains partial payment of loss clause. Refer to the coverage summary page for the following: a) amount of insurance b) deductible c) type of automobile d) premium. The advance premium for this endorsement is subject to adjustment in the same manner as those stated under item 5 of the application. This endorsement is attached to and forms part of this policy and shall be effective from the local time and effective date of the policy or renewal thereof, or if added to the policy during the policy period, from the local time and effective date of the endorsement specifying the addition of this coverage. Except as otherwise provided in this endorsement, all limits, terms, conditions, provisions, definitions and exclusions of the policy shall have full force and effect.
149 S.E.F. No. 96 Contractual Liability Endorsement (20Dec07) For attachment only to a Non-Owned Policy S.P.F. No. 6. Exclusion (c) of the Insuring Agreement of the Policy to which this endorsement is attached is amended to read as follows: (c) For any liability assumed by any person insured by this Policy voluntarily under any contract or agreement other than those stated below: All written contracts including any other written agreement assuming the liability of others except: 1. any contract or agreement assuming the legal liability of the automobile owner or lessee; 2. any contract or agreement wherein the Insured has assumed liability for the sole negligence of the indemnitee; 3. the leasing of an automobile(s) for a period in excess of thirty (30) days. This endorsement is attached to and forms part of this policy and shall be effective from the local time and effective date of the policy or renewal thereof, or if added to the policy during the policy period, from the local time and effective date of the endorsement specifying the addition of this coverage. Except as otherwise provided in this Form, all forms, provision and conditions of the Policy shall have full force and effect.
150 O.E.F. 98B Reduction of Coverage for Lessees or Drivers of Leased Vehicles Endorsement (for attachment only to the Standard Non-Owned Automobile Policy S.P.F. No. 6) ( Rev 01Nov08) 1. Purpose of this endorsement: This endorsement alters the coverage provided by this policy with respect to claims in Ontario for loss or damage arising directly or indirectly from the use or operation of a motor vehicle that is leased. 2. How the policy coverage is changed: The Insurer also agrees to pay on behalf of every partner, officer or employee of the Insured who, in the business of the Insured stated in Item 3 of the application, leases an automobile for a period of not more than 30 days in their own name, all sums which such partner, officer or employee is legally obligated to pay as a result of liability imposed by law arising from the negligence of the driver of such leased automobile(s). The insurance provided under this policy with respect to leased automobiles is in excess of the underlying coverage available to the Insured or to the partner, officer or employee of the Insured. Underlying coverage available to the Insured or to the partner, officer or employee of the Insured includes any motor vehicle liability insurance that is required to respond to the liability of the driver or lessee of the leased automobile. The terms leased, lease and lessee are used as equivalent to rented, rent and renter. This endorsement is attached to and forms part of this policy and shall be effective from the local time and effective date of the policy or renewal thereof, or if added to the policy during the policy period, from the local time and effective date of the endorsement specifying the addition of this coverage. Except as otherwise provided in this endorsement, all limits, terms, conditions, provisions, definitions and exclusions of the policy shall have full force and effect. Signature of Insured Date (YY/MM/DD) This endorsement only applies if any business of the insured is based in Ontario or if the Insured has any employees domiciled in Ontario.
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