Storage Operator s Contract Liability Policy

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1 Storage Operator s Contract Liability Policy AGREEMENT We will provide the insurance described in this policy in return for the premium and compliance with all provisions of this policy. DEFINITIONS We, Us, Our You or Your Customer Rental agreement The insurance carrier providing the insurance The self storage business insured under this policy Tenant, lessee or renter of a self storage space A written rental agreement, lease or addendum thereto that establishes the terms of occupancy of a self storage space by a customer Insured Storage Space A fully enclosed storage space for which you have assumed liability for loss of or damage to a customer's stored property and for which you agree to report and pay a premium to us for coverage under this policy. Occurrence An event or series of related events that causes loss of or damage to your customers stored property. INSURANCE PROVIDED When you have assumed liability under a rental agreement for loss of or damage to your customers personal property in an insured storage space at a location(s) designated on the Declarations Page, we will cover liability for such customer claims up to the applicable limit. This insurance only applies to: 1. Liability assumed by you in rental agreements executed on or after the inception date of this policy. 2. Loss or damage which is the result of one of the Covered Causes of Loss described in this policy. 3. Loss or damage which occurs during the policy period or during the extended period of indemnity if you exercise this option. 4. Claims that are made during the effective policy period or within 90 days after the expiration of the policy. If you elect to extend the period of coverage provided under the Extended Indemnity Protection option, we will cover liability for claims that are made up to 90 days after the expiration of the period of extended indemnity protection. DH (07-03) 1

2 COVERED CAUSES OF LOSS We will pay for and you agree to assume liability only for direct physical loss of or damage to customer stored property caused by the following: 1. Fire, lightning, explosion or smoke. 2. Theft, vandalism or malicious mischief. 3. Roof leak or water damage. Loss or damage caused by flood, surface water, underground water or water that backs up through or overflows from a sewer, drain or sump is not covered. 4. Windstorm that first causes damage to the building. 5. Collapse of a building where customers property is stored. 6. Impact of aircraft, missile or vehicles. CAUSES NOT COVERED We will not cover loss of or damage to your customer s property caused by any of the following: 1. Flood, surface water, underground water or water that backs up through or overflows from a sewer, drain or sump. 2. Moths, insects, rodents or vermin 3. Mold, mildew or wet or dry rot 4. War or military action. 5. Earthquake or volcanic eruption 6. Nuclear reaction, radiation or radioactive, biological or chemical contamination. We will not cover your liability for customer claims arising out of the removal, sale, disposal or destruction of your customer's property by you or another party of interest, your or their employees or agents or any person or persons to whom you may entrust such property. DH (07-03) 2

3 PROPERTY WE DO NOT COVER We do not cover loss of or damage to the following types of property stored by your customers: 1. Motor vehicles, boats or other property that is not stored in a fully enclosed storage space; 2. Money, travelers checks, money orders, stamps, accounts, deeds, bills, or securities; 3. Jewelry, furs, watches, antiques, works of art, precious or semi-precious stones and precious metals including silver; 4. Animals. 5. Contraband. LIMIT OF LIABILITY 1. We will pay up to, but not more than, the amount shown on the Declarations Page for the claim limit per insured storage space. 2. We will pay up to, but not more than, the amount shown on the Declarations Page for any one occurrence. DEDUCTIBLE: 1. If a per occurrence deductible is shown on the Declarations Page we will only pay losses that exceed this amount from a single occurrence. This deductible will be applied to the total of the applicable limits of liability for the insured storage spaces involved in any single occurrence. 2. If a per insured storage space deductible is shown on the Declarations Page we will only pay losses that exceed this amount from a single occurrence for each customer of an insured storage space making a claim for loss or damage. This deductible will be applied to the total applicable limit of liability for the insured storage space involved in any single occurrence. 3. If an annual loss cap amount is shown on the Declarations Page, you will not be responsible for contribution of any deductible for any additional covered claims made during the annual policy term. WHEN YOUR CUSTOMERS MAKE A CLAIM 1. You must: a. Promptly notify us of all claims reported to you by your customers; and b. Provide us with all relevant information in your possession or of which you have knowledge necessary to evaluate the claim. 2. We recommend that you report to us any incident or event that may result in a claim. DH (07-03) 3

4 PAYMENT OF CLAIMS AGAINST YOU When a customer s loss exceeds the deductible amount, we will have the right to adjust the claim directly with the customer. We will not settle any claim without one of the following: 1. A written release of your liability executed by the customer claiming loss of or damage to stored property for liability assumed by you in a rental agreement. 2. Payment to you of the per customer policy limit stated on the Declarations Page. When a customer s claim for loss of or damage to stored personal property exceeds the applicable limit of liability, we will consult with you before ending our obligations under this policy and will take no action that will prejudice your legal rights. NO DUTY TO DEFEND Regardless of the terms and conditions of this policy, we have no duty to defend you against any claim or suit that any other insurer has a duty to defend. PREMIUM This policy is subject to a minimum premium of $250. If more than one location is designated on the Declarations Page, a minimum premium of $150 per location will apply. You agree to pay us the deposit premium shown on the Declarations Page at the inception of this policy. This deposit will be held by us until expiration or cancellation and will then be applied against any unpaid premium due us; any excess premium will be refunded to you. You will also provide us with periodic reports that are due within 15 days of the end of each calendar month or quarter as applicable to monthly or quarterly reporting provisions shown on the Declarations Page. The report must include the following information concerning the customers for whom you have assumed limited liability for loss of or damage to stored property in a rental agreement: 1. The total number of insured storage spaces. 2. The space numbers of the insured storage spaces. 3. A premium payment as determined by the premium charge for each insured storage space as shown on the policy declarations. FULL REPORTING CLAUSE We will not provide coverage for storage spaces that are not included within your periodic reports but, when you are current in submission of your periodic reports, we will provide coverage for insured storage spaces for which you have assumed liability since the submission of your last report. DH (07-03) 4

5 EXAMINATION OF YOUR BOOKS 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 one year thereafter. OTHER INSURANCE The insurance provided by this policy is excess over any other insurance. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US If you have rights to recover all or part of any payment we have made under this policy, those rights will be transferred to us. You will do nothing to impair said rights. At our request, you will help us to enforce them. POLICY MAY NOT BE TRANSFERRED Your rights and duties under this policy may not be transferred without our written consent, except in the case of your death. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of those duties. Until your legal representative is appointed, anyone having proper, temporary custody of the property will have your rights and duties but only with respect to that property. BANKRUPTCY Bankruptcy or insolvency of you or your estate will not relieve us of our policy obligations. CANCELLATION AND NON-RENEWAL 1. You may cancel this policy at any time by returning it to us or by notifying us in writing of the date cancellation is to take effect. 2. We may: a. cancel this policy for non-payment of premium by giving you thirty (30) days written notice; or b. non-renew this policy for any reason by giving you at least sixty (60) days written notice. Notice of non-renewal will not be sent more than one hundred twenty (120) days before the next anniversary or expiration date of the policy, whichever is first. We will also mail a notice of cancellation or non-renewal to each person or entity shown on this policy to have an insurable interest. We will state the reason for cancellation or nonrenewal on the written notice. DH (07-03) 5

6 OWNER S OPTION TO EXTENDED INDEMNITY PROTECTION If either party cancels or non-renews this policy for a reason other than non-payment of premium, you may extend the period of coverage provided to apply to all covered rental agreements that were in effect at expiration. The extended period of indemnity will continue up to 12 months following the expiration. The premium rate per customer will continue at the rate in effect on the expiration date. You must request continued coverage under the extended indemnity protection at least fifteen (15) days prior to expiration of the policy. The extended indemnity protection does not extend the policy period or change the scope of coverage provided. You have two premium options if you elect to purchase the 12 month extended period of indemnity protection. 1. You may pay a single premium equal to 7 times the monthly premium due in the month prior to cancellation or non-renewal; or 2. You may pay a deposit premium equal to two months premium based upon the number of rental agreements in effect on the expiration date of the policy. You agree to provide us with monthly reports and pay the premium as required by the policy. We will refund any unearned premiums based on your reports and our final audit of your books within 60 days of the expiration of the extended indemnity period. If you do not pay a monthly installment when due, the coverage provided under this extension automatically terminates 30 days after the due date. MANDATORY ARBITRATION CLAUSE If we and you do not agree about the meaning or effect of any provision of this policy the disagreement will be resolved by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association or in accordance with the statutory rules and procedures of the state in which the storage facility is located. The provisions of this clause are mandatory and not optional and may be enforced by either you or us. ENTIRE AGREEMENT AND CONFORMANCE WITH STATE LAW This policy is the entire agreement between you and us. The terms and conditions can only be changed in writing agreed to by us. If any of the terms and conditions in this policy is in conflict with the laws of the state where the storage facility shown in the Declarations Page is located, this policy is amended to conform with such laws. DH (07-03) 6

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