Allianz Global Corporate & Specialty
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1 Allianz Global Corporate &Specialty Allianz Global Corporate & Specialty Marine Insurance Policy Insurance Carrier: 1 FIREMANS FUND INSURANCE CO. Issued to: STATE OF FLORIDA ELIGIBLE USERS (SEE NAMED INSURED ENDORSEMENT 001) Agent or Broker Name and Address: ARTHUR J. GALLAGHER RISK MGMT 8200 NW 41ST STREET, STE 200 MIAMI, FL Underwriting Office: OC - ATLANTA Dear Valued Client, Allianz Global Corporate & Specialty and Fireman's Fund Insurance Company have combined their marine insurance businesses under the Allianz Global Corporate & Specialty (AGCS) brand. This singular approach enables us to offer you an expanded global reach and a greater range of products and services at a local point of contact. You can continue to rely on our expert underwriters, trusted loss control engineers and seasoned claims professionals. We are energized by this united service approach for our customers and wish to thank you for choosing AGCS as your marine insurance carrier - a premier provider of Inland Marine, Ocean Cargo, Hull and Marine Liability insurance products. Sincerely, Arthur E. Moossmann Chief Underwriting Officer Marine Allianz Global Corporate & Specialty
2 Allianz Global Corporate &Specialty Allianz Global Corporate & Specialty Marine Insurance Policy Inland Marine & Property Claims Reporting Our highly skilled Marine Claims professionals are committed to providing our valued clients with the best service possible and they will respond quickly to any claim situation that you may have. You can notify us of a new claim via any of the following reporting options: Telephone: Outside of the US: [email protected] Fax: Outside of the US: Website: Mailing Address: (Report a Claim) FNOL Marine Claims Unit 3301 Rider Trail South Earth City, MO If possible, please include the following information in your claim notice or have it available for our customer service representative: Contact information Policy # Date of loss Description of loss
3 S Fireman's "Original" _Fund - Table of Contents _ POLICY NUMBER MXI Named Insured STATE OF FLORIDA ELIGIBLE USERS (SEE NAMED INSURED ENDORSEMENT 001) Producer ARTHUR J. GALLAGHER RISK MGMT 8200 NW 41ST STREET, STE 200 MIAMI, FL Document Number of Pages FL PO LICY H O LD ER M ESSA G E FL N O TICE TO PO LICY H O LD ERS DETRIMENTAL CODE POLICYHOLDER MESSAGE PO LIC Y H O LD ER M ESSA G E IMPORTANT NOTICE REGARDING TERRORISM COVERAGE... 2 IM GD 02 03R -GENERAL DECLARATIONS R -C O N D IT IO N S... 4 IL CALCULATION OF PREMIUM... 1 IL S - COMMON POLICY CONDITIONS... 2 C M FLO R ID A C H A N G ES... 1 IL FLORIDA CHANGES - CANCELLATION AND NONRENEWAL... 4 IL FLORIDA CHANGES - LEGAL ACTION AGAINST US DEC SCHEDULED ARTICLES FLOATER DECL SCHEDULED ARTICLES FLOATER R - DEBRIS AND POLL REMOVAL POL AMEND AMEND. ENDT CONCURRENT CAUSE FUNGI LIMITATION ENDORSEMENT DETRIMENTAL CODE EXCLUSION CERTIFIED ACTS OF TERRORISM EXCLUSION REPORTING - ADJUSTMENT ENDORSEMENT... 2 E ND O R SE M E N T I E ND O R SE M E N T I E ND O R SE M E N T CM FLORIDA CHANGES - COINSURANCE... 1
4 Firemans Fund' Policyholder Message Information to Policyholders Questions about your insurance should be directed to your agent or broker. Additionally, Fireman's Fund Insurance Companies provides you with a telephone number to present inquiries or obtain information about coverage, and to provide assistance in resolving complaints. The telephone number is (800) FL
5 Fireman's Fund * Notice to Policyholders Florida Risk Management Program Services The Fireman's Fund Insurance Companies are pleased to inform you, our policyholder, that we have a comprehensive Risk Management Program available which includes a broad range of loss prevention services. The Fireman's Fund Loss Control Department provides services based on need as indicated by the size, hazard, and accident experience of your company. These services, including written guidelines for your development of your own Risk Management Plan, are provided at no charge upon your request. The services available may also include: 1. Survey of premises and operations 2. Training of supervisory personnel in safety management techniques 3. Safety management counseling services Fireman's Fund Insurance has a staff of technically trained safety consultants prepared to help you. Simply contact the Fireman's Fund Loss Control Department if you need assistance. Fireman's Fund Insurance Company 5310 Cypress Center Drive Tampa, FL Attn.: Loss Control Supervisor Phone: Please Note: Provision of any or all of the above Risk Management Services in no way implies the existence of any coverage of any risk, hazard, or liability not otherwise specifically provided by your insurance policy FL
6 Firemanis Fund" Policyholder Message Detrimental Code Exclusion Computer viruses have exposed the insurance industry to a totally new catastrophe peril. A computer virus (such as the Love Bug or Nimda) unleashed on society, has the potential to create an accumulation of claims that is potentially more dangerous than the largest conceivable hurricane or earthquake. This is because a computer virus loss will not be confined to one geographical area but instead will be global in scope. Insurance carriers simply do not have enough capital to pay for this potential accumulation of losses. In the aftermath of the recent Love Bug and Nimda scares, reinsurance companies (those insurance companies that provide insurance on other insurance companies) are excluding coverage for computer viruses, forcing Property insurance carriers to assume full responsibility for all such losses. The only way to maintain financial viability, absent reinsurance support, is to develop an additional exclusion for our policies due to the uninsurable catastrophic nature of the computer virus exposure. Upon further analysis, however, the term computer virus is more complicated than is apparent on the surface. The term computer virus is often used as a generic reference to a number of malicious codes, which are in fact, not truly computer viruses. Direct physical loss or damage and resultant business down time can result from not just a Computer virus but also from a trojan horse, a worm or any number of other code strings that are intentionally or unintentionally released. Moreover, corruption of programs and resultant loss or damage may even result from faulty or defective programs. In response to these various exposures to loss, we have developed the Detrimental Code Exclusion Endorsement (145901). This endorsement excludes any computer virus, program, routine, sub-routine, trojan horse, worm, script or other code string that destroys, alters, or corrupts Covered Property, Property Insured, or property of others for which you are liable, regardless of how the detrimental code was introduced or acquired. As a result, an endorsement has been added to your policy that will exclude loss or damage caused by or resulting from any detrimental code. Detrimental Code means any computer virus, program, routine, subroutine, Trojan horse, worm, script or other code string that destroys, alters, or corrupts Covered Property, Property Insured, or property of others for which you are liable, regardless of how the detrimental code was introduced or acquired. For the complete text of the change, please read your policy carefully. If you have any questions about this change, please contact your Insurance Agent or Broker. NO COVERAGE IS PROVIDED BY THIS POLICYHOLDER MESSAGE, NOR CAN IT BE CONSTRUED TO REPLACE ANY PROVISION OF YOUR POLICY. YOU SHOULD READ YOUR POLICY AND REVIEW YOUR DECLARATIONS PAGE FOR COMPLETE INFORMATION ON THE COVERAGES YOU ARE PROVIDED. IF THERE IS ANY CONFLICT BETWEEN THE POLICY AND THIS SUMMARY, THE PROVISIONS OF THE POLICY SHALL PREVAIL
7 Fireman's Fund' Policyholder Message Fungi Limitation Endorsement Fungus (mold) claims have recently changed in size and character to the point where it has dramatically increased the average property claim. The alternatives available to treat this situation are to charge a higher premium or limit coverage under your policy. However, the alternative of charging premium for fungus (mold) claims is not viable because the total dollar value of claims coupled with the rapidly escalating rate of claims inflation will require a premium charge that is unacceptable to most customers. As a result, an endorsement has been added to your policy that will limit coverage for fungus (mold). This endorsement is a cost containment measure that will help keep your premium levels stable and predictable. For the complete text of the change, please read your policy carefully. If you have any questions about this change, please contact your Insurance Agent or Broker. NO COVERAGE IS PROVIDED BY THIS POLICYHOLDER MESSAGE, NOR CAN IT BE CONSTRUED TO REPLACE ANY PROVISION OF YOUR POLICY. YOU SHOULD READ YOUR POLICY, INCLUDING ALL ITS FORMS AND ENDORSEMENTS, AND REVIEW YOUR DECLARATIONS PAGE FOR COMPLETE INFORMATION ON THE COVERAGES YOU ARE PROVIDED. IF THERE IS ANY CONFLICT BETWEEN THE POLICY AND THIS SUMMARY, THE PROVISIONS OF THE POLICY SHALL PREVAIL
8 Fireman's Fund. IMPORTANT NOTICE REGARDING TERRORISM COVERAGE Insured STATE OF FLORIDA ELIGIBLE USERS Policy Number MX (SEE NAMED INSURED ENDORSEMENT 001) Producer ARTHUR J. GALLAGHER RISK MGMT Effective Date 08/08/2009 This notice applies to the type(s) of insurance provided under this policy that are subject to the Terrorism Risk Insurance Act, as amended ("The Act"). You are hereby notified that under The Act you have a right to purchase insurance coverage for losses arising out of certified acts of terrorism, as defined in Section 102(1) of The Act: The term certified act of terrorism means any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State, and the Attorney General of the United States - to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property; or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States mission; and to have been committed by an individual or individuals, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. YOU SHOULD KNOW THAT WHEN COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM, SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THE FORMULA, THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES 85% OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A $100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURER'S LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS $100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEEDS $100 BILLION, YOUR COVERAGE MAY BE REDUCED. Our records indicate that you previously rejected coverage for losses arising out of certified acts of terrorism, as defined by The Act, when we provided you a quote for insurance. Accordingly, your policy does not currently provide this coverage. However, The Act requires that we again make an offer at this time. If you wish to change your decision and purchase terrorism coverage, you must contact your agent or broker representing the Fireman's Fund Insurance Companies and request coverage so we can provide you with a new quote. If you do not do so, it will be presumed that you have rejected this offer of terrorism coverage. Please note that any coverage mandated by applicable Standard Fire Policy laws or Workers Compensation laws in your state will not be affected by your rejection of terrorism coverage Page ] of I
9 This offer of coverage for losses due to terrorist acts, as defined by The Act, if accepted, will be subject to the limit(s), terms and conditions of any policy or endorsement subsequently issued. If you have any questions about this or any other insurance matter, please contact your agent or broker representing the Fireman's Fund Insurance Companies. One of the Fireman's Fund Insurance Companies as named in the declaration page of your policy Page 2 of 2
10 Fireman's Fund' Insurance Company Policyholder Message - Florida Florida Hurricane Catastrophe Fund Emergency Assessment Surcharge Companies writing property and casualty insurance business in Florida are required to participate in the Florida Hurricane Catastrophe Fund Emergency Assessment. Hurricanes Dennis, Katrina, Rita and Wilma; caused substantial damage in Florida during the 2005 hurricane season. As a result of claims against the Florida Hurricane Catastrophe Fund arising out of the 2005 hurricane season, the Florida Hurricane Catastrophe Fund had to levy emergency assessments against insurance companies. In such circumstances, Florida law directs insurers to surcharge their customers to recoup these assessments. Your policy declarations page shows your premium owed plus this surcharge. surcharge is shown on your declarations page as "FHCF Assessment'. The amount of this If you have any questions concerning recoupment surcharges, please contact your Fireman's Fund Insurance Companies insurance representative S (01-07)
11 Fireman's Fund' POLICY NUMBER Previous Policy Numbers Coverage for policies other than MX MX WORKERS' COMPENSATION is provided in the following company I FIREMANS FUND INSURANCE CO. NOVATO, CA A STOCK INSURANCE CO. (01) GENERAL DECLARATIONS Named Insured and Mailing Address STATE OF FLORIDA ELIGIBLE USERS (SEE NAMED INSURED ENDORSEMENT 001) 4050 ESPLANADE WAY SUITE 360 TALLAHASSEE, FL The Named Insured is a(n) CORPORATION Business or Operations of the Named Insured: GOVERNMENT The insurance provided by this policy consists of the following coverage form(s). The premium may be subject to adjustment. In return for payment of the premium and subject to all the terms of this policy, we agree with you to provide the insurance as stated in the policy. INLAND MARINE COVERAGES Policy Period is from 08/08/2009 to 08/08/ :01 AM, Standard Time at Mailing address of the insured. PREMIUM SUMMARY: Estimated Annual Premium Premium Due at Inception $ 53, (Includes Surcharges) $ 53, (Includes Surcharges) -] Terrorism Risk Insurance Act - Certified Acts Coverage - Covered $ [ Terrorism Risk Insurance Act - Certified Acts Coverage - Not Covered $ 0 FCHF ASSESSMENT- $ FLIGA EMERGENCY- $ FLIGA REGULAR- $ FL 2007 REGULAR- $ FORMS ATTACHED AT INCEPTION R, DEC 11 82, , , IL , IL , , , , , S 01 07, CM , CM , FL 08 94, FL 01 97, IL , IL , , SM , , R, , , ENDORSEMENT 001, ENDORSEMENT 002, ENDORSEMENT 003 Countersignature of Authorized Agent: Producer: ARTHUR J. GALLAGHER RISK MGMT Date 09/04/2009 KG 8200 NW 41ST STREET, STE 200 MIAMI,FL33166 GD-I
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13 -iemj - Fundo "Original" Table of Contents - POLICY NUMBER MXI Named Insured STATE OF FLORIDA ELIGIBLE USERS (SEE NAMED INSURED ENDORSEMENT 001) Producer ARTHUR J. GALLAGHER RISK MGMT 8200 NW 41ST STREET, STE 200 MIAMI, FL Document IM CHANGE CHANGE ENDORSEMENT - Number of Pages INLAND MARINE (1 PAGE)...1
14 Fireman's Fund" POLICY NUMBER MX Named Insured Sequential Endorsement Number 004 STATE OF FLORIDA ELIGIBLE USERS (SEE NAMED INSURED ENDORSEMENT 001) CHANGE ENDORSEMENT Effective 08/08/2009, 12:01 A.M., Standard Time at the Address of the insured This is an Endorsement only. Other than changes shown, all other pre-existing coverage remains in full force and effect. Premium adjustments are shown. PREMIUM SUMMARY: ADDITIONAL PREMIUM DUE NOW: $ 0 1 BASED ON ANNUAL PREMIUM: $ Not Applicable The following change is made to the Scheduled Articles Floater : Deleting the following: 2. Property Excluded a. Loss of or damage to accounts, bills, deeds, evidences of debt, letters of credit, passports, documents, railroad or other tickets, notes, securities, money, currency, buillion, precious stones, jewelry or other similar valuables, paintings, statuary and other works of art, manuscripts, mechanical drawings. FORMS ATTACHED AT INCEPTION OF THIS CHANGE ENDORSEMENT Countersignature of Authorized Agent: Producer: ARTHUR J. GALLAGHER RISK MGMT Date 10/30/2009 JDRIS 8200 NW 41ST STREET, STE 200 MIAMI, FL 33166
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16 ...."Original" "--- Fieman's -Fund' Table of Contents - POLICY NUMBER MXI Named Insured STATE OF FLORIDA ELIGIBLE USERS (SEE NAMED INSURED ENDORSEMENT 001) Producer ARTHUR J. GALLAGHER RISK MGMT 8200 NW 41ST STREET, STE 200 MIAMI, FL Document Number of Pages IM CHANGE CHANGE ENDORSEMENT - INLAND MARINE (I PAGE)... I
17 Fireman's Fund POLICY NUMBER MX Named Insured Sequential Endorsement Number 005 STATE OF FLORIDA ELIGIBLE USERS (SEE NAMED INSURED ENDORSEMENT 001) CHANGE ENDORSEMENT Effective 08/08/2009, 12:01 A.M., Standard Time at the Address of the insured This is an Endorsement only. Other than changes shown, all other pre-existing coverage remains in full force and effect. Premium adjustments are shown. PREMIUM SUMMARY: ADDITIONAL PREMIUM DUE NOW: $ 1,555.50(Includes FL Surcharges- FCHF Assessment $15.00, FLIGA Emergency $6.00, FLIGA Regular $6.00, 2007 FLIGA Regular $28.50) BASED ON ANNUAL PREMIUM: $ Not Applicable The following coverage is added to Transit Coverage Warranty: This coverage is effective 08/08/2009 to 09/30/2009 only: This policy is extended to cover property in transit for a Magnetotelluric Ground Stations and Peripherals. Limit of Insurance for this coverage is:$213,115 Deductible $2,500 per occurrence Cause of Loss: Risks of Direct Physical Damage subject to the current policy's conditions and exclusions. Transit is included both ways. Loss Payee: Phoenix Geophysics Ltd., 3781 Victoria Park Avenue, Unit :#3 Scarborough, Ontario MlW3K5, Canada FORMS ATTACHED AT INCEPTION OF THIS CHANGE ENDORSEMENT Countersignature of Authorized Agent: Producer: ARTHUR J. GALLAGHER RISK MGMT Date 11/30/2009mdh 8200 NW 41ST STREET, STE 200 MIAMI, FL 33166
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19 Conditions Commercial Inland Marine Coverage Form A. General Conditions within the 48 contiguous states of the United States, the District of Columbia and within the 1. Your name and address as the Named Insured states of Alaska and Hawaii. shall be as specified in the General Declarations. 5. Concealment or Fraud 2. The Policy Period This policy is void if you have intentionally This policy applies only to loss or damage that concealed or misrepresented any material fact or occurs during the policy period shown in the circumstance relating to this insurance. General Declarations. The policy period begins and ends at 12:01 a.m., Standard Time, at your 6. Abandonment address shown in the General Declarations. But if this policy replaces a policy which expires at You may not abandon any covered property to us noon Standard Time on the effective date of this without our written consent. policy, then this policy will not be effective until the policy being replaced expires. In those states 7. Civil Authority which require policy periods to begin and end at noon Standard Time, this policy will begin and We will pay you for your covered property, if end at noon Standard Time. covered for the peril of fire, if an order by a civil authority causes your property to be damaged or 3. The Declarations shows you which coverages destroyed during a conflagration in order to you have purchased and the limits of insurance that apply. You have only those coverages and amounts of insurance. If this coverage applies 8. Suit only at specified locations, they are shown in the Declarations. retard such disaster. You agree not to sue us or involve us in another action proceeding after 2 years have past since By accepting this policy, you agree that: you discovered the occurrence giving rise to such action. If the state law applicable to this a. the statements in the Declarations are your coverage requires a different time period within agreements and representations; which suit may be brought, this provision is amended to conform to such law. b. that this policy is issued in reliance on the truth of such representations. B. Loss Adjustment Provisions 4. Territorial Limits 1. Your Duties After Loss Unless a coverage form attached to this policy indicates otherwise, this policy covers only If a loss occurs which this policy may cover, you must see that the following duties are performed: This Form must be attached to Change Endorsement when issued after the policy is written. One of the Fireman's Fund Insurance Companies as named in the policy Se14559 Presadent R Page 1 of 1
20 a. Notice of Loss 4. Settlement of Loss We will settle substantiated claims within 30 You must tell us in writing as soon as days of our receipt of your statement of loss. We practical after loss or damage has occurred will supply you with the necessary forms. to your covered property, or after any occurrence that may develop into a claim. 5. No Benefit to Bailee You must also file with us or our agent, a detailed sworn proof of loss within ninety No person or organization, other than you, that (90) days following the occurrence. has custody of the covered property, shall benefit from this insurance. b. Protect Property 6. Subrogation You shall do what is reasonably necessary to minimize the loss or damage and to protect If any person or organization to whom we make the covered property from any further loss payment under this policy has rights to recover or damage. Any expense in doing this shall damages from another, those rights are be shared by you and us according to your transferred to us. That person or organization and our interests. If you move the covered must do everything necessary to aid us in any property to a safe place, that property will recovery and to protect our rights. If that person continue to be covered and we will or organization does anything to impair our reimburse you for the reasonable expenses rights after a loss, we will not have to pay the for doing so. You must tell us as soon as loss. practical that you have done this. 7. Loss Clause 2. Examination Under Oath If you have a loss other than a total loss, we will Before recovering from us for any loss, you not reduce the amount of your coverage. shall, if we request: However, if you have a total loss, the amount of your coverage shall be reduced by the amount of a. Permit us to inspect and appraise the the item that was lost or destroyed. We will damaged property before it is repaired or return to you the unearned premium from the disposed of; date of loss to the end of the current policy period or rating period for which the premium b. be examined under oath; was charged, whichever comes first. You may also request us to apply that unearned premium c. produce others for examination under oath; to the premium due on any item(s) replacing that and, which was lost or destroyed and for which we have paid a claim. d. comply with any other reasonable request we make. 8. Pair, Set or Parts These requests are for the purpose of examining If you have a loss to your covered property that the loss. They shall not mean that we admit is part of a pair or set, we will pay you only for a liability for any loss or damage. reasonable and fair proportion of the total value of the pair or set. We will not pay on the basis of 3. Valuation a loss to the entire pair or set. If a loss occurs, we will determine the value of If you have a loss to covered property that is a the lost or damaged property at its actual cash piece or pieces which belong to something that value, with proper deduction for depreciation, as when complete consists of several parts, we will of the time of loss or damage. We will not pay pay only for the part(s) that are lost or damaged. you more than it would cost to repair or replace the covered property with material of like kind 9. Appraisal and quality. We will not pay you for any part of the loss or damage that you have collected from If you and we fail to agree on the amount of loss, any other source. either one can ask that the amount of loss be established by appraisal. To start the appraisal process either you or we must make the request R Page 2 of 2
21 in writing to the other. Each must then choose a competent, independent appraiser and give the name and address of that appraiser to the other. This must be done within 30 days after the written request for appraisal is received, 14. Loss Payee If a loss payee is named in the Declarations, we will pay you and the loss payee, as the interest of each may appear. The two appraisers must then choose a C. Additional Losses We Do Not Cover competent and impartial umpire. If they do not agree on an umpire within 15 days, either you or In addition to Causes of Loss We Do Not Cover we may have an umpire selected by a court under this policy, the Governmental Action and located in the same state as the covered property. Nuclear Hazard Exclusions that follow will apply to The appraisers will then set the amount of the coverage under this policy regardless of other loss. A copy of their report will be given to you governmental action or war risk exclusions or and to us. The amount they agree upon will be clauses, or nuclear hazard or nuclear exclusions or the amount of loss. clauses may appear in this policy. If however, the other clauses, if any, specifically assume these risks, If the appraisers fail to agree within a reasonable then such other governmental action or war risk period of time, they will give the umpire a exclusions or clauses, or nuclear hazard or nuclear statement of their differences. A written exclusions or clauses shall apply and the following agreement signed by any two of the three will set clauses will not apply. the amount of the loss. You will pay your appraiser and we will pay ours. The umpire's fee 1. Government Action. and other appraisal expenses will be shared equally by you and us. We do not cover loss or damage caused by or resulting from seizure or destruction of property If we submit to an appraisal, we will still retain by order of governmental authority. But we will our right to deny the claim. pay for acts of destruction ordered by governmental authority and taken at the time of a 10. Labeled Goods fire to prevent its spread if the fire is covered under this policy. If covered property bearing labels, packaging or wrappers is lost or damaged, we will pay you an 2. Nuclear Hazard amount sufficient to replace those labels, packaging or wrappers. We do not cover loss or damage caused by any weapon employing atomic fission or fusion or 11. Other Insurance nuclear reaction or radiation, or radioactive contamination, however caused. But we will pay The coverage provided by this policy shall apply only as excess insurance over any other valid and collectible insurance or coverage that applies to the covered property. 3. War and Military Action for direct loss or damage caused by resulting fire if the fire is covered under this policy. 12. Impairment of Recovery Rights We do not cover loss or damage caused by or resulting from: If you do anything after a loss that impairs or precludes your right to recover from any other a. War, including undeclared or civil war; party who may be liable for the loss or damage, we will not pay you. We may also refuse to pay b. Warlike action by a military force, including if you make any settlement or agreement on a action in hindering or defending against an loss without our written consent. actual or expected attack, by any government, sovereign or other authority 13. Recovery using military personnel or other agents; or, If we recover any part of a loss from another c. Insurrection, rebellion, revolution, usurped party, after we deduct the expenses of making power or action taken by governmental the recovery we will share the recovery with you. authority in hindering or defending against Your share will be the proportion that your share any of these. of the loss bears to the total amount of the loss R Page 3 of 3
22 4. Illegal Transport or Trade and the coverage forms and endorsements attached to it. We do not cover loss or damage caused by or resulting from illegal transportation or trade. E. Special State Provisions D. Definitions KANSAS. Suit. If this policy is issued in the State of Kansas, the words five (5) years are substituted Throughout this policy the terms you and your mean for the words twelve (12) months in Condition A.8. the person or organization shown in the General Declarations or coverage Declarations as the Named TEXAS. Notice of Loss and Suit. If this Insured. You and your includes partners acting as supplemental policy is issued in the State of Texas, such when the Named Insured is a partnership and the words ninety-one (91) are substituted for the executive officers, directors and stockholders acting word ninety (90) in Condition B. L.a. and the words as such when the Named Insured is a corporation. two (2) years and one (1) day are substituted for the We, us and our mean the Company issuing this words twelve (12) months in Condition A.8. policy. The term policy means this Property Floater In Witness Whereof, the Company has caused this policy to be executed and attested, but this policy shall not be valid unless countersigned by a duly authorized representative of the Company R Page 4 of 4
23 Calculation of Premium - IL Policy Amendment(s) Commercial General Provisions This endorsement modifies insurance provided under the following: Boiler and Machinery Coverage Part Capital Assets Program (Output Policy) Coverage Part Commercial Automobile Coverage Part Commercial General Liability Coverage Part Commercial Inland Marine Coverage Part Commercial Property Coverage Part Crime and Fidelity Coverage Part Employment-Related Practices Liability Coverage Part Farm Coverage Part Liquor Liability Coverage Part Owners and Contractors Protective Liability Coverage Part Pollution Liability Coverage Part Products/Completed Operations Liability Coverage Part Professional Liability Coverage Part Railroad Protective Liability Coverage Part The Following is added: The premium shown in the Declarations was computed based on rates in effect at the time the policy was issued. On each renewal, continuation, or anniversary of the effective date of this policy, we will compute the premium in accordance with our rates and rules then in effect. This Form must be attached to Change Endorsement when issued after the policy is written. One of the Fireman's Fund Insurance Companies as named in the policy Se~ary President' IL Copyright, ISO Properties, Inc. 2001
24 Common Policy Conditions - IL All Coverage Parts included in this policy are subject to 6. If notice is mailed, proof of mailing will be the following conditions. sufficient proof of notice. A. Cancellation B. Changes 1. The first Named Insured shown in the This policy contains all the agreements between you Declarations may cancel this policy by mailing and us concerning the insurance afforded. The first or delivering to us advance written notice of Named Insured shown in the Declarations is cancellation. authorized to make changes in the terms of this policy with our consent. This policy's terms can be 2. We may cancel this policy by mailing or amended or waived only by endorsement issued by delivering to the first Named Insured written us and made a part of this policy. notice of cancellation at least: C. Examination of Your Books and Records a. 10 days before the effective date of cancellation if we cancel for nonpayment of We may examine and audit your books and records premium; or as they relate to this policy at any time during the policy period and up to three years afterward. b. 30 days before the effective date of cancellation if we cancel for any other D. Inspections and Surveys reason. 1. We have the right to: 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to a. Make inspections and surveys at any time; us. b. Give you reports on the conditions we find; 4. Notice of cancellation will state the effective and date of cancellation. The policy period will end on that date. c. Recommend changes. 5. If this policy is cancelled, we will send the first 2. We are not obligated to make any inspections, Named Insured any premium refund due. If we surveys, reports or recommendations and any cancel, the refund will be pro rata. If the first such actions we do undertake relate only to Named Insured cancels, the refund may be less insurability and the premiums to be charged. We than pro rata. The cancellation will be effective do not make safety inspections. We do not even if we have not made or offered a refund. undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: This Form must be attached to Change Endorsement when issued after the policy is written. One of the Fireman's Fund Insurance Companies as named in the policy Sec/eary Presden~~ IL S Page 1 of 1 Copyright, Insurance Services Office, Inc., 1998
25 The first Named Insured shown in the Declarations: a. Are safe or healthful; or 1. Is responsible for the payment of all premiums; b. Comply with laws, regulations, codes or and standards. 3. Paragraphs 1. and 2 of this condition apply not 2. Will be the payee for any return premiums we pay. only to us, but also to any rating, advisory, rate service or similar organization which makes F. Transfer of Your Rights and Duties Under This insurance inspections, surveys, reports or Policy. recommendations. Your rights and duties under this policy may not be 4. Paragraph 2. of this condition does not apply to transferred without our written consent except in the any inspections, surveys, reports or case of death of an individual named insured. recommendations we may make relative to certification, under state or municipal statutes, If you die, your rights and duties will be transferred ordinances or regulations, of boilers, pressure to your legal representative but only while acting vessels or elevators. within the scope of duties as your legal representative. Until your legal representative is E. Premiums appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL0017 I 1-98S Page 2 of 2 Copyright, Insurance Services Office, Inc., 1998
26 Florida Changes - CM Policy Amendment(s) Commercial Inland Marine This endorsement modifies insurance provided under the following: Commercial Inland Marine Coverage Part Paragraph 5. of Loss Condition E. Loss Payment in the b. 30 days after we receive the sworn proof of Commercial Inland Marine Condition is replaced by the loss and: following: (1) There is an entry of final judgment; or 5. Provided you have complied with all the terms of this Coverage Part, we will pay for covered loss or (2) There is a filing of an appraisal award damage within: with us. a. 20 days after we receive the sworn proof of loss This endorsement does not apply to the Mail Coverage and reach written agreement with you; or Form. This Form must be attached to Change Endorsement when issued after the policy is written. One of the Fireman's Fund Insurance Companies as named in the policy Seetident CM FL Copyright, Insurance Services Offices, Inc., 1999
27 IL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART STANDARD PROPERTY POLICY A. Paragraph 2. of the Cancellation Common Policy (2) On the basis of filing of claims for partial Condition is replaced by the following: loss caused by sinkhole damage, 2. Cancellation For Policies In Effect 90 Days regardless of whether this policy has Or Less been the subject of a sinkhole claim, or on the basis of the risk associated with a. If this policy has been in effect for 90 days the occurrence of such a claim. or less, we may cancel this policy by However, we may cancel this policy if: mailing or delivering to the first Named (a) The total of such property insurance Insured written notice of cancellation, ( a paymenta f h po li cy accompanied cancellation, at by least: the specific reasons for claim exceeds payments the current for this policy policy limits of cancllaton, t lest:coverage for property damage; or (1) 10 days before the effective date of (b) You have failed to repair the cancellation if we cancel for(byohaefidtorprte nonpayment of premium; or structure in accordance engineering with the recommendations upon (2) 20 days before the effective date of which any loss payment or policy cancellation if we cancel for any other reason, except we may cancel immediately if there has been: (a) A material misstatement or misrepresentation; or proceeds were based. (3) Solely on the basis of a single property insurance claim which is the result of water damage, unless we can demonstrate that you have failed to take (b) A failure to comply with underwriting action reasonably requested by us to requirements established by the prevent a future similar occurrence of insurer. damage to the insured property. b. We may not cancel: B. Paragraph 5. of the Cancellation Common Policy (1) On the basis of property insurance Condition is replaced by the following: claims that are the result of an act of 5. If this policy is cancelled, we will send the first God, unless we can demonstrate, by Named Insured any premium refund due. If we claims frequency or otherwise, that you cancel, the refund will be pro rata. If the first have failed to take action reasonably Named Insured cancels, the refund may be necessary as requested by us to less than pro rata. If the return premium is not prevent recurrence of damage to the refunded with the notice of cancellation or insured property; or when this policy is returned to us, we will mail the refund within 15 working days after the date cancellation takes effect, unless this is an audit policy. IL ISO Properties, Inc., 2007 Page 1 of 1 03
28 If this is an audit policy, then, subject to your (8) On the basis of a single property full cooperation with us or our agent in securing insurance claim which is the result of the necessary data for audit, we will return any water damage, if we can demonstrate premium refund due within 90 days of the date that you have failed to take action cancellation takes effect. If our audit is not reasonably requested by us to prevent a completed within this time limitation, then we future similar occurrence of damage to shall accept your own audit, and any premium the insured property. refund due shall be mailed within 10 working b. If we cancel this policy for any of these days of receipt of your audit. reasons, we will mail or deliver to the first The cancellation will be effective even if we Named Insured written notice of have not made or offered a refund. cancellation, accompanied by the specific C. The following is added to the Cancellation reasons for cancellation, at least: Common Policy Condition: (1) 10 days before the effective date of 7. Cancellation For Policies In Effect For More cancellation if cancellation is for Than 90 Days nonpayment of premium; or a. If this policy has been in effect for more (2) 45 days before the effective date of than 90 days, we may cancel this policy cancellation if: only for one or more of the following (a) Cancellation is for one or more of the reasons: reasons stated in Paragraphs 7.a.(2) (1) Nonpayment of premium; through 7.a.(8) above; and (2) The policy was obtained by a material (b) This policy does not cover a misstatement; residential structure or its contents; or (3) There has been a failure to comply with (3) 100 days before the effective date of underwriting requirements established cancellation if: by us within 90 days of the effective date of coverage; (a) Cancellation is for one or more of the (4) There has been a substantial change in reasons stated in Paragraphs 7.a.(2) the risk covered by the policy; through 7.a.(8) above; and (5) The cancellation is for all insureds under (b) This policy covers a residential such policies for a given class of structure or its contents. insureds; However, if cancellation is to become (6) On the basis of property insurance effective between June 1 and November claims that are the result of an act of 30, we will mail or deliver to the first God, if we can demonstrate, by claims Named Insured written notice of frequency or otherwise, that you have cancellation at least 100 days prior to failed to take action reasonably the effective date of cancellation or by necessary as requested by us to June 1, whichever is earlier. Therefore, prevent recurrence of damage to the when cancellation is to become effective insured property; between September 9 and November 30, we will mail or deliver to the first (7) On the basis of filing of claims for partial Named Insured written notice of loss caused by sinkhole damage, or on cancellation by June 1. the basis of the risk associated with the D. The following is added: occurrence of such a claim, if: (a) The total of such property insurance NONRENEWAL claim payments for this policy 1. If we decide not to renew this policy we will exceeds the current policy limits of mail or deliver to the first Named Insured coverage for property damage; or written notice of nonrenewal, accompanied by (b) You have failed to repair the the specific reason for nonrenewal, at least: structure in accordance with the a. 45 days prior to the expiration of the policy engineering recommendations upon if this policy does not cover a residential which any loss payment or policy structure or its contents; or proceeds were based; or IL ISO Properties, Inc., 2007 Page 2 of 2 0
29 b. 100 days prior to the expiration of the policy c. Solely on the basis of a single property if this policy covers a residential structure or insurance claim which is the result of water its contents, unless c. applies, damage, unless we can demonstrate that c. If this policy covers a residential structure or you have failed to take action reasonably its contents and nonrenewal is to become requested by us to prevent a future similar effective between June 1 and November occurrence of damage to the insured 30, we will mail or deliver to the first Named property. Insured written notice of nonrenewal at E. Limitations On Cancellation And Nonrenewal In least 100 days prior to the effective date of The Event Of Hurricane Or Wind Loss - nonrenewal or by June 1, whichever is Residential Property: earlier. Therefore, when nonrenewal is to 1. The following provisions apply to a policy become effective between September 9 covering a residential structure or its contents, and November 30, we will mail or deliver to if such property has sustained damage as a the first Named Insured written notice of nonrenewal by June 1. If nonrenewal is due result of a hurricane or windstorm that is the subject of a declaration of emergency by the to a revision to this policy's coverage for sinkhole losses or catastrophic ground Governor and filing of an order by the Commissioner of Insurance Regulation: cover collapse pursuant to the 2007 changes in the Florida Insurance Laws a. Except as provided in Paragraph E.l.b., we concerning such coverage, then this may not cancel or nonrenew the policy until subsection, c. does not apply. at least 90 days after repairs to the residential structure or its contents have 2. Any notice of nonrenewal will be mailed or been substantially completed so that it is delivered to the first Named Insured's last restored to the extent that it is insurable by mailing address known to us. If notice is another insurer writing policies in Florida. If mailed, proof of mailing will be sufficient proof we elect to not renew the policy, we will of notice. provide at least 100 days' notice that we 3. We may not refuse to renew this policy: intend to nonrenew 90 days after the a. On the basis of property insurance claims substantial completion of repairs. that are the result of an act of God, unless b. We may cancel or nonrenew the policy prior we can demonstrate, by claims frequency to restoration of the structure or its or otherwise, that you have failed to take contents, for any of the following reasons: action reasonably necessary as requested (1) Nonpayment of premium; by us to prevent recurrence of damage to the insured property; or (2) Material misstatement or fraud related to b. On the basis of filing of claims for partial the claim; loss caused by sinkhole damage, (3) We determine that you have regardless of whether this policy has been unreasonably caused a delay in the the subject of a sinkhole claim, or on the repair of the structure; or basis of the risk associated with the (4) We have paid the policy limits. occurrence of such a claim. However, we If we cancel or nonrenew for nonpayment of may refuse to renew this policy if: premium, we will give you 10 days' notice. If (1) The total of such property insurance we cancel or nonrenew for a reason listed claim payments for this policy exceeds in Paragraph b.(2), b.(3) or b.(4), we will the current policy limits of coverage for give you 45 days' notice. property damage; or 2. With respect to a policy covering a residential (2) You have failed to repair the structure in structure or its contents, any cancellation or accordance with the engineering nonrenewal that would otherwise take effect recommendations upon which any loss during the duration of a hurricane will not take payment or policy proceeds were based. effect until the end of the duration of such hurricane, unless a replacement policy has been obtained and is in effect for a claim occurring during the duration of the hurricane. We may collect premium for the period of time for which the policy period is extended. IL ISO Properties, Inc., 2007 Page 3 of 3 0
30 3. With respect to Paragraph E.2., a hurricane is hurricane warning is issued for any part of a storm system that has been declared to be a Florida by the NHC, and ends 72 hours after hurricane by the National Hurricane Center of the termination of the last hurricane watch or the National Weather Service (hereafter hurricane warning issued for any part of Florida referred to as NHC). The hurricane occurrence by the NHC. begins at the time a hurricane watch or IL ISO Properties, Inc., 2007 Page 4 of 4 0
31 IL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA CHANGES - LEGAL ACTION AGAINST US This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART The following replaces the second paragraph of the Legal Action Against Us Condition: LEGAL ACTION AGAINST US Legal action against us involving direct physical loss or damage to property must be brought within 5 years from the date the loss occurs. IL ISO Properties, Inc., 2006 Page I of 1 E3
32 Scheduled Articles Floater DEC Policy Amendment(s) Commercial Inland Marine Insured STATE OF FLORIDA ELIGIBLE USERS Policy Number MX (SEE NAMED INSURED ENDORSEMENT 001) Producer ARTHUR J. GALLAGHER RISK MGMT Effective Date 08/08/2009 Declarations Insurance is provided only for those coverages for which an X is entered on the applicable line and when Limits of Insurance or Liability or Amounts of Insurance are stated in the place provided in these Declarations. IN Broad Form U Specified Perils Co-Insurance Not Aggregate Deductible $ per Applicable% occurrence for each covered loss less than $2,500. $ per occurrence for each covered loss $2,500 or greater. Limit of Liability $2,500,000 any one covered location. $150,000 maximum limit any one item. $100,000 transit limit. The amount of any loss of or to any item insured shall be determined as set forth in condition 3. Valuation Amount of Deductible Item Description Insurance Amount Property consisting of museum collections, fine arts, theatrical equipment, $ 2,500,000 $ 100 per other miscellaneous personal equipment and equipment which is leased and any one occurence for owned by the State of Florida as per schedule on file with us dated covered each covered 08/08/2009. location, loss less than $150,000 $2,500. $500 maximum per occurence limit any for each one item. covered loss, $100,000 $2,500 or transit greater. limit. $ $ $ $ Loss Payees Item Loss Payee Name and Address for Designated Items Above (If no entry appears above, information required to complete this Endorsement will be shown in the Declarations as applicable to this Endorsement.) This Form must be attached to Change Endorsement when issued after the policy is written. One of the Fireman's Fund Insurance Companies as named in the policy DEC 11-82
33 Se?try President fcs DEC 11-82
34 Scheduled Articles Floater Policy Amendment Commercial Inland Marine 1. Property Insured damage to the insured property from any external cause, except as otherwise provided. This supplemental policy insures Scheduled Articles described in the Declarations to which this form is b. Specified Perils Form. This supplemental attached. policy insures against direct physical loss of or damage to the insured property caused by: 2. Property Excluded (1) Fire or lightning; This supplemental policy does not insure the following property or property otherwise eligible for coverage while in the situations described hereunder: (2) Windstorm or hail; Explosion; Riot, riot attending a strike, civil commotion; Aircraft or objects falling therefrom; Vehicles, while a. Loss of or damage to accounts, bills, deeds, the described property is not being evidences of debt, letters of credit, passports, transported, excluding vehicles owned or documents, railroad or other tickets, notes, operated by the Insured, members of the securities, money, currency, bullion, precious Insured's household, or employees or agents stones, jewelry or other similar valuables, of the Insured; Smoke; paintings, statuary and other works of art, manuscripts, mechanical drawings; (3) Vandalism and malicious mischief; b. Property while waterborne, unless on (4) Collapse of bridges or culverts; transporting land conveyances aboard any regular ferry operating on inland waterways; (5) Collision, upset or overturning of a vehicle on which the insured property is being c. Property shipped to or from Alaska, Hawaii or transported; Puerto Rico. (6) Collision with another object, upset or 3. Territorial Limits overturn, landslide or cave-in. This supplemental policy covers only loss or damage 5. Perils Excluded occurring within the 48 contiguous states of the United States, The District of Columbia, Canada or This supplement policy does not insure against: within The State of Alaska or within The State of Hawaii. a. Loss or damage which is due and confined to wear and tear, inherent vice, gradual 4. Perils Insured. (Broad Form or Specified Perils deterioration, insects, vermin, freezing, Form, As Specified In The Declarations) dampness of atmosphere, extremes of temperature, mechanical or electrical breakdown a. Broad Form. This supplemental policy insures or failure, unless such damage is the result of against all risks of direct physical loss of or other loss covered by this policy; This Form must be attached to Change Endorsement when issued after the policy is written. One of the Fireman's Fund Insurance Companies as named in the policy President Page 1 of 1
35 8. Coinsurance b. Loss or damage caused by or resulting from delay, loss of market, loss of use, or interruption The Company shall be liable in the event of loss for of business; no greater proportion thereof than the amount hereby insured bears to an amount equal to the percentage c. Loss or damage caused by or resulting from specified in the Declarations applied to the actual infidelity and dishonesty, either or both, of the cash value of the property insured hereunder at the Insured or any person or persons in the employ time such loss shall happen. If this supplemental or service of the Insured whether or not such act policy insures two or more items, this condition shall or acts occurred during the regular hours of apply to each item separately. employment or service, or any person or persons to whom the property may be entrusted (carriers 9. Loss Payable Clause for hire excepted); Loss, if any, shall be adjusted with the Insured and d. Unexplained loss, mysterious disappearance, or made payable to the Insured and Loss Payee shortage disclosed upon taking inventory. specified in the Declarations. e. As respects Broad Form only: 10. Labels Loss or damage caused by, resulting from, In the event of loss or damage to labels, capsules or contributed to, or aggravated by flood, surface water, wrappers, the loss shall be adjusted on the basis of an waves, tidal water, or tidal wave, overflow of streams amount sufficient to pay the cost of new labels, or other bodies of water, or spray from any of the capsules or wrappers. foregoing, or whether driven by wind or not. This exclusion shall not apply to property in due course of 11. Other Insurance transit while in or on a transporting conveyance. If at the time of loss or damage there is available to a 6. Limit of Liability named or unnamed Insured or any other interested party any other insurance which would apply in the The maximum liability of the Company for any one absence of this supplemental policy, the insurance loss, disaster, or casualty, including expenses and under this supplemental policy shall apply only as charges, or all combined; shall not exceed the Limit excess insurance over such other insurance. of Liability specified in the Declarations. 12. Impairment of Recovery Rights 7. Deductible Clause Any act or agreement by the Insured before or after Claim for loss or damage to each item insured loss or damage whereby any right of the Insured to hereunder shall be adjusted separately, and from the recover in whole or in part for loss or damage to total of all such adjusted claim, or the amount of property covered hereunder against any carrier, insurance upon each item, whichever is the lesser, the bailee, or other party liable therefor, is released, deductible amount specified in the Declarations shall impaired or lost, shall render this supplemental policy be deducted. null and void, but the Company's right to retain or recover the premium shall not be affected. The It is agreed, however, that the total amount to be Company is not liable for any loss or damage which, deducted from the sum of all adjusted claims for loss without its written consent, has been settled or or damage arising out of one occurrence shall not compromised by the Insured. exceed the aggregate deductible amount also specified in the Declarations Page 2 of 2
36 Debris and Pollutant Removal Policy Amendment Policy Amendment Your policy is amended as follows: (1) 10% of the applicable Limit of Liability; or The following Extension of Coverage is added. If (2) $100,000 your policy does not provide coverage for debris removal, this Extension of Coverage adds debris as an Additional Limit of Liability for debris removal coverage. If your policy does provide debris removal. removal coverage, any other debris removal coverage provided by your policy is deleted and replaced by We will not pay: this Extension of Coverage. (1) the cost to extract POLLUTANTS from land or Debris Removal. We will pay your reasonable cost water (except as provided under Pollutant to remove the debris of insured property caused by or Removal below); resulting from an insured peril which occurs during the policy period. (2) the cost to repair, replace or restore property damaged or destroyed by debris removal; This coverage only applies if no later than 180 days from the date of loss or the end of the policy period, (3) the cost to remove debris from any location used whichever comes first, you: for handling, treatment, storage or disposal of waste unless the policy is extended to cover (1) discover the loss, and property at that specifically identified location. (2) report the cost to us in writing. 2. The following Extension of Coverage is added: We will pay up to 25% of the sum of: Pollutant Removal. We will pay your reasonable cost to extract POLLUTANTS from land or water. (1) the direct physical loss otherwise payable under The release, discharge or dispersal of the the policy, and (2) the deductible. Payments under this Debris Removal coverage will not increase the Limit of Liability applicable to the insured property. Debris Removal Additional Limit. If your cost for debris removal exceeds the amount we pay under the Limit of Liability applicable to the insured property, we will pay up to the lesser of: POLLUTANTS must result from an insured loss and must occur during the policy period. This coverage only applies if no later than 180 days from the date of loss or from the end of the policy period, whichever comes first, you: (1) discover the loss, and (2) report the cost to us in writing. The most we will pay in any one loss is the lesser of: This Form must be attached to Change Endorsement when issued after the policy is written One of the Fireman's Fund Insurance Companies as named insured in the policy Seetary President R Page 1 of 1
37 (1) 10% of the applicable Limit of Liability; or Ordinance or Law. (2) $10,000. We do not cover loss or damage caused by or resulting from the enforcement of any ordinance or Under this Extension of Coverage, the most we will law: pay for all claims for loss which occurs at any one location during the policy period is $10,000 (1) regulating the use or repair of any property; or If this policy is written for a term of more than one year, we will apply this limit separately to each (2) requiring the tearing down or removal of any consecutive year of the policy period, property, We will not pay: including the cost of removing its debris. (1) the cost to repair, replace or restore property Pollutants. damaged or destroyed by extraction of POLLUTANTS; We do not cover loss or damage caused by or resulting from the release, discharge or dispersal of (2) the cost to extract POLLUTANTS from land or POLLUTANTS unless the release, discharge or water: dispersal is caused by one of the perils listed below applying to the insured property. But we do cover (a) at any location used for the handling, loss caused by any of the following perils which treatment, storage or disposal of waste results from the release, discharge or dispersal of unless the policy has been specifically POLLUTANTS. extended to cover property at that location; Perils: Fire or Lightning; (b) at any location if the POLLUTANTS are Explosion; released, dispersed or discharged from a Aircraft or Vehicles; location which is used for the handling, Windstorm or Hail; treatment, storage or disposal of waste Riot or Civil Commotion; unless the policy has been specifically Leakage from Fire Extinguishing extended to cover property at that location; Equipment; Volcanic Action; (c) at any location if the POLLUTANTS arise Vandalism or Malicious Mischief; out of or are a consequence of nuclear Collision, upset or overturn of a reaction or radiation, or radioactive transporting vehicle. contamination. 4. For the purpose of this Endorsement, The Coinsurance provision, if any, in this policy does not apply to this Extension of Coverage. POLLUTANTS means any solid, liquid, gaseous or thermal irritant or contaminant including smoke, vapor, soot, fumes, acids, alkalis, chemicals and 3. The following exclusions are added: waste. Waste includes materials to be recycled, reconditioned or reclaimed R Page 2 of 2
38 Amendatory Endorsement - Concurrent Cause Policy Amendment Commercial Inland Marine 1. Perils Insured B. This policy does not insure against loss or damage caused by any of the following. The Perils Insured section of the Commercial Inland However, any ensuing loss or damage not Marine forms attached to this policy is deleted and excluded or excepted in this policy is covered. replaced by the following: 1. Weather conditions. However, this This policy insures against risks of direct physical exclusion only applies if weather conditions loss or damage to the insured property unless the loss contribute in any way with any of the or damage is excluded under the Perils Excluded following Perils Excluded in this policy section of this policy. relating to: 2. Perils Excluded a. Earthquake; The following are added to the Perils Excluded b. Flood, surface water, waves, tidal water section: or tidal wave, overflow of streams or other bodies of water, or spray; A. When any of the following Perils Excluded apply: c. Water which backs up through sewers or drains; 1) Earthquake; 2) Flood, surface water, waves, tidal water or d. Water below the surface of the ground; tidal wave, overflow of streams or other e. War risk and governmental action; bodies of water, or spray; f. Nuclear reaction or radiation; 3) Water which backs up through sewers or drains; 2. Acts or decisions, including the failure to act or decide, of any person, group, organization 4) Water below the surface of the ground; or governmental body; 5) War risk and governmental action; 3. Faulty, inadequate or defective: 6) Nuclear reaction or radiation; a. Planning, zoning, development; surveying, siting; Such loss or damage is excluded regardless of any other cause or event contributing b. Design, specifications, workmanship, concurrently or in any sequence to the loss or repair, construction, renovation, damage. remodeling, grading, compaction; This Form must be attached to Change Endorsement when issued after the policy is written. One of the Fireman's Fund Insurance Companies as named in the policy President Page 1 of I
39 vandalism or malicious mischief; breakage of c. Materials used in repair, construction, glass; falling objects; weight of snow, ice or renovation or remodeling; or sleet; water damage; all only as insured against in this policy; d. Maintenance; b. Hidden decay; of part or all of any property wherever located. c. Hidden insect or vermin damage; 4. Collapse except as provided in the d. Weight of people or personal property; Additional Coverage - Collapse section of this endorsement. e. Weight of rain which collects on a roof, 3. The Following is Added f. Use of defective materials or methods in construction, remodeling or renovation if the Additional Coverage - Collapse. This policy collapse occurs during the course of the insures against risk of direct physical loss or damage construction, remodeling or renovation. involving collapse of a building or structure or other insured property or any part thereof caused by one or more of the following: a. Fire; lightning; windstorm; hail; explosion; smoke; aircraft; vehicles; riot; civil commotion; This Additional Coverage does not increase the limits of liability provided in this policy. All other terms and conditions remain unchanged Page 2 of 2
40 Fungi Limitation Endorsement Policy Amendment(s) This endorsement modifies insurance provided under the following: Commercial Property Coverage Part Property-Gard Select Real and Personal Property Coverage Section Commercial Inland Marine Coverage Part Standard Property Policy All Other Property or Inland Marine Coverage Forms, Sections, or Endorsements attached to this policy 1. The terms fungus and mold are deleted wherever Fungi they may appear in the coverage parts, coverage sections, forms or endorsements described above a. If fungi is the result of a Covered Cause of and attached to this policy. Loss, we will pay, subject to the limitation in subsection 3.d. (below), for: 2. The following exclusion applies to any coverage part, coverage form, coverage section, coverage (1) Direct physical loss of or damage to provision, extension of coverage, additional Covered Property, or Property Insured; coverage, coverage enhancement, or amendatory or endorsement attached to this policy: (2) Your liability for property of others; a. This insurance does not apply to any loss, damage, expense, injury, economic loss, At the premises shown in the Declarations, economic detriment, liability, or claim, caused by or resulting from fungi. This directly or indirectly, arising out of, caused includes the necessary and reasonable cost by, resulting from, happening through, or in incurred to test for, monitor, abate, mitigate, consequence of fungi, notwithstanding any remove, dispose of, or remediate fungi. other provision of this policy to the contrary. This includes the cost to test for, monitor, b. Coverage provided by this extension applies abate, mitigate, remove, dispose of, or remediate fungi. only if the presence of fungi is reported to us within 30 days of the occurrence of the covered loss that is alleged to have caused b. Such loss, damage, expense, injury, this condition. economic loss, economic detriment, liability, or claim is excluded regardless of C. Coverage provided by this extension any other cause, condition, event, material, includes: product or building component, that contributes concurrently or in any sequence (1) The actual loss of Business Income you to the loss, damage, expense, injury, sustain; economic loss, economic detriment, liability or claim. (2) The necessary Extra Expense you incur; or 3. The following coverage extension is added: (3) Ordinance or Law Coverage; This Form must be attached to Change Endorsement when issued after the policy is written. One of the Fireman's Fund Insurance Companies as named in the policy e00 10Pg1President Page 1 of I
41 if the Coverage Section, policy Declarations, or an endorsement attached to this policy If the policy is written for a term of more show that you have Business Income, Extra than one year, we will apply the annual Expense, or Ordinance or Law Coverage. aggregate limit of insurance separately to each consecutive year of the Policy Period. If the policy is extended for a period of time d. Regardless of any other limits or coverages that is less than a year, the annual stated in this policy, or the number of aggregate from the prior term applies to the locations involved, the most we will pay extended period of time. under this coverage extension in any one occurrence or in the annual aggregate during this policy period is $25,000. The provisions of this extension do not increase any Limits of Insurance provided by this policy. b. Fungi means all types of fungus, such as mildew and mold, and all of their resulting spores and byproducts, including mycotoxins and allergens. Fungi does not mean fungi for human ingestion. For purposes of this Fungi Coverage Extension, fungi is not considered a pollutant. 4. Additional Definitions This endorsement is otherwise subject to all other a. Annual Aggregate means the most we will terms, conditions, provisions and stipulations of the pay for all loss or damage arising from all policy to which it is attached. occurrence(s) during any one Policy Period. Annual Aggregate Limit(s) of Insurance are reduced by the amount of any paid loss insured under this coverage extension Page 2 of 2
42 Detrimental Code Exclusion Policy Amendment (s) This endorsement modifies insurance provided under the following: Commercial Property Coverage Part Property-Gard Select Real and Personal Property Coverage Section Commercial Inland Marine Coverage Part Commercial Crime Coverage Part Standard Property Policy All Other Property, Inland Marine, or Crime Coverage Forms or Endorsements attached to this policy The following exclusion applies to any coverage part, coverage form, coverage section, coverage provision, 3. This exclusion applies regardless of who extension of coverage, additional coverage, coverage introduced the detrimental code, even if the enhancement, or amendatory endorsement attached to detrimental code was introduced by your this policy: employees. 1. This insurance does not apply to any loss, Definition: damage, expense, injury, economic loss, economic detriment, liability, or claim, directly Detrimental Code means any computer virus, or indirectly, arising out of, caused by, resulting program, routine, sub-routine, trojan horse, worm, from, happening through, or in consequence of script or other code string that destroys, alters or detrimental code, notwithstanding any other corrupts Covered Property, Property Insured, or provision of this policy to the contrary. property of others for which you are liable, regardless of how the detrimental code was introduced or 2. Such loss, damage, expense, injury, economic acquired. loss, economic detriment, liability or claim is excluded regardless of any other cause, This endorsement is otherwise subject to all terms, condition, or event that contributes concurrently conditions, provisions and stipulations of the policy or in any sequence to the loss, damage, expense, to which it is attached. injury, economic loss, economic detriment, liability, or claim. This Form must be attached to Change Endorsement when issued after the policy is written. One of the Fireman's Fund Insurance Companies as named in the policy Se President
43 Certified Acts of Terrorism Exclusion Policy Amendment(s) Commercial Property Coverage This endorsement modifies insurance provided under the following: Commercial Crime Coverage Part(s) Commercial Inland Marine Coverage Part(s) Commercial Property Coverage Part(s) Farm Coverage Part(s) Standard Property Policy American Business Coverage Policy - Section I I. Certified Acts of Terrorism Exclusion We will not pay for loss, damage, or any liability caused directly or indirectly by a certified act of terrorism. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. II. Coverage for Certain Fire Losses A. 1. If the location of your Covered Property or Property Insured is within a jurisdiction that has a Standard Fire Policy law that does not exempt Commercial Inland Marine, item II.B. (below) further modifies insurance under the following coverage parts: Commercial Inland Marine Coverage Part(s) Commercial Property Coverage Part(s) Farm Coverage Part(s) Standard Property Policy American Business Coverage Policy - Section 1 2. If the location of your Covered Property or Property Insured is within a jurisdiction that has a Standard Fire Policy law that exempts Commercial Inland Marine, item II.B. (below) further modifies insurance under the following coverage parts: Commercial Property Coverage Part(s) Farm Coverage Part(s) Standard Property Policy American Business Coverage Policy - Section I This Form must be attached to Change Endorsement when issued after the policy is written. One of the Fireman's Fund Insurance Companies as named in the policy. Se Presided Page 1 of Fireman's Fund Insurance Company, Novato, CA. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
44 B. If a certified act of terrorism results in fire, then we will pay for the loss or damage caused by that fire. Such coverage for fire applies only to direct loss or damage by fire to Covered Property or Property Insured. Therefore, for example, the coverage does not apply to insurance provided under Business Income and/or Extra Expense coverage forms or endorsements which apply to those forms, or to the Legal Liability Coverage Form, or the Leasehold Interest Coverage Form, or the Net Leasehold Coverage Form. C. Notwithstanding II.B. above, if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act, as amended, exceed $100 billion in a Program Year (January 1 through December 31) and we have met our insurer deductible under the Terrorism Risk Insurance Act, as amended, then we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. III. Application of Other Exclusions The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage for any loss which would otherwise be excluded under this Coverage Part, Coverage Section, or Policy, such as losses excluded by the Nuclear Hazard Exclusion or the War And Military Action Exclusion. IV. Definitions The following definition is added with respect to the provisions of this endorsement: Certified act of terrorism means an act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act, as amended. The criteria contained in that Act for a certified act of terrorism include the following: A. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act, as amended; and B. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. V. All other terms and conditions of the policy remain unchanged Page 2 of Fireman's Fund Insurance Company, Novato, CA. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
45 Reporting - Adjustment Endorsement Policy Amendment Commercial Inland Marine Insured STATE OF FLORIDA ELIGIBLE USERS Policy Number MX (SEE NAMED INSURED ENDORSEMENT 001) Producer ARTHUR J. GALLAGHER RISK MGMT Effective Date 08/08/2009 Schedule Deposit Premium * Rate Per $100 Minimum Annual Premium $ 51,812 $.021 (monthly) $ 5,000 * The rate specified is for an indeterminate period and is subject to adjustment and negotiation upon each anniversary or at the request of this company or the insured. The policy to which this endorsement is attached is hereby amended by the clause marked [X]. [ Reporting Clause Reports The Insured agrees to keep an accurate record of the property covered under this policy during the term of this policy and to report to this Company, or its authorized agent, on or before the fifteenth (15th) day of each month the full amount of such oropertv during the preceding month, or such time as is within the policy period. This Company shall in no event be liable for a greater proportion of any loss or damage covered hereunder than the amount last reported by the Insured prior to loss or damage bears to the actual full amount for the period for which such report has been made. This Form must be attached to Change Endorsement when issued after the policy is written. One of the Fireman's Fund Insurance Companies as named in the policy President Page 1 of 1
46 It is agreed that the Company, or its authorized agent, shall at all reasonable times have access to the books and records of the Insured for the purposes of determining the actual premium due hereunder or any other matter or matters pertaining to this insurance. Premium Deposit premium specified above is due and payable as of the inception date of this policy, Earned premium shall be computed at the rate specified above and shall be applied against the deposit premium until such time as the deposit premium shall have been fully earned, after which time such earned premiums are due and payable as of the date of each report as herein required. Minimum Premium The total annual earned premium for this policy shall in no event be less than the specified minimum premium specified above. In the event the earned premium otherwise due hereunder is less than the specified minimum annual premium, an additional premium equal to the difference shall be due and payable by the Insured as of the anniversary date of this policy. Coinsurance Clause This Company shall in no event be liable for a greater proportion of any loss or damage covered hereunder than the amount last reported by the Insured prior to loss or damage bears to the actual full amount for the period for which such report has been made. It is agreed that the Company, or its authorized agent, shall at all reasonable times have access to the books and records of the Insured for the purposes of determining the actual premium due hereunder or any other matter or matters pertaining to this insurance. Premium Deposit premium specified above is due and payable as of the inception date of this policy. Earned premium shall be computed at the rate specified above and shall be applied against the deposit premium. In the event such earned premium is in excess of the deposit premium, an additional premium equal to the difference shall be due and payable to the Company as of the date of such report. In the event the earned premium is less than the deposit premium, a return premium equal to the difference shall be due the Insured by the Company. A new deposit premium, as agreed upon, shall be charged as of each anniversary date of this policy, subject to annual adjustment as hereinbefore specified. The Coinsurance Clause, if any, appearing elsewhere in Minimum Premium this policy is waived. The total annual earned premium for this policy shall in [ Annual Adjustment Clause no event be less than the minimum premium specified above. In the event the earned premium otherwise due Reports hereunder is less than the specified minimum annual premium, an additional premium equal to the difference The Insured agrees to keep an accurate record of the shall be due and payable by the Insured as of the property covered under this policy during the term of this anniversary date of this policy. policy and to report to this Company, or its authorized agent, on or before the fifteenth (15th) day subsequent to Coinsurance Clause the anniversary date of this policy the full amount of such property during the preceding twelve months, or such The Coinsurance Clause, if any, appearing elsewhere in time as is within the policy period. this policy is waived. (If no entry appears above, information required to complete this Endorsement will be shown in the Declarations as applicable to this Endorsement.) Page 2 of 2
47 Registered Equipment Waiver Of Deductible Endorsement Insured: STATE OF FLORIDA ELIGIBLE USERS Policy Number: MXI (SEE NAMED INSURED ENDORSEMENT 001) Producer: ARTHUR J. GALLAGHER RISK MGMT Effective Date: 08/08/2009 This Endorsement modifies Insurance provided under the policy: - PLEASE READ THIS CAREFULLY- The deductible provision is amended to include the following: Only with respect to theft of equipment that is insured under this policy that is also registered with National Equipment Register, Inc. (NER) at the time of loss, we will waive the applicable deductible amount up to $10,000 with respect to any one item of NER registered equipment but only if: reported stolen to the law enforcement authority. However, in the event multiple items of NER registered equipment are stolen in one theft occurrence, the maximum deductible amount we will waive under this endorsement is the amount stated as applicable occurrence deductible or determined using the applicable percentage deductible shown on the Declarations. 1. You or an insured reports the theft of the All other terms and conditions of this policy NER registered equipment to the law apply, except as amended by this enforcement authority having jurisdiction endorsement. within 24 hours after you discover the loss, and 2. Such NER registered equipment is not recovered within 30 days after being This Form must be attached to Change Endorsement when issued after ihe policy is written. One of the Fireman's Fund Insurance Companies as named in the policy Sectary President
48 ENDORSEMENT 001 Named Insured Insured STATE OF FLORIDA ELIGIBLE USERS Policy Number MX (SEE NAMED INSURED ENDORSEMENT 001) Producer ARTHUR J. GALLAGHER RISK MGMT Effective Date 08/08/2009 Department of Community Affairs Department of Children & Families Department of Environmental Protection Department of Financial Services Department of Management Services Department of Agriculture and Consumer Services Department of State Department of Transportation Florida Agriculture & Mechanical University Florida Atlantic University Florida Gulf Coast University Florida International University Florida State University Fish & Wildlife Conservation Commission New College of Florida Office of State Courts Administrator University of Central Florida University of Florida University of North Florida University of South Florida University of West Florida
49 ENDORSEMENT 002 Special Conditions Insured STATE OF FLORIDA ELIGIBLE USERS Policy Number MX (SEE NAMED INSURED ENDORSEMENT 001) Producer ARTHUR J. GALLAGHER RISK MGMT Effective Date 08/08/2009 Subject Limit of Liability: Flood - $1,000,000 Annual Aggregate Deductible - $500,000 for locations situated within Flood Zones A,AE,AO,AH,Al- A30,A99,V,Vl-V30 or shaded Zone X (former Zone B) or any derivative there of. zones will be $25,000 deductible. All other
50 ENDORSEMENT Property Excluded Insured STATE OF FLORIDA ELIGIBLE USERS Policy Number MX (SEE NAMED INSURED ENDORSEMENT 001) Producer ARTHUR J. GALLAGHER RISK MGMT Effective Date 08/08/2009 The following item from form Scheduled Articles Floater under Property Excluded From is deleted from the policy: Item 2.b
51 Florida Changes - Coinsurance - CM Commercial Inland Marine Coverage This endorsement modifies insurance provided under the following: Commercial Inland Marine Coverage Part A. The following provision applies when a Coinsurance 0 Contract Price Reporting clause appears in the policy: Endorsement : Paragraph 4 Florida law states as follows: * Value Reporting Endorsement Coinsurance contract: The rate charged in this policy : Paragraph 4 is based upon the use of the coinsurance clause 0 Installation Floater : attached to this policy, with the consent of the Paragraph 9.c. B. Insured. If coverage afforded under the policy includes any of * Blanket Items Endorsement CM 20 03: Entire the following forms, the coinsurance clause is not labeled as such; the paragraph reference identifies the * Fine Arts Dealers' Form coinsurance condition: : Paragraph 12 * Floor Plan Coverage Form * Furniture Movers' Certificate CM 00 52: Paragraph E.6.f : Paragraph 3 * Mail Coverage Form CM 00 60: * Installment Sales Combination Paragraph A.5.b. Endorsement : Paragraph 3.a. * Boat Dealers' Form : * Other: Paragraph 11.c. * Marina Operators Form : Paragraph 11.c. * Other: This Form must be attached to Change Endorsement when issued after the policy is written. One of the Fireman's Fund Insurance Companies as named in the policy President CM
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