SCHEDULE OF FORMS AND ENDORSEMENTS
GUSDEC-DIQ-01
GUS-FS-01
NMA 1998
GUS-PPN
DIQ-GUS-COMP
GUS-PPC-Addl
ENDPL-86
GUSUDE
LCA-01
NEQ-XEQ-MASTER
SLC-3 USA GUS
6-12
10-05
6-12
6-12
10-05
03-01
10-05
6-12
10-05
Dwelling Earthquake Declaration Page
Schedule of Forms & Endorsements
Service of Suit
Privacy Notice (Griffin)
Dwelling Earthquake Coverage Form
Personal Property Coverage – Add’l
Inflation Guard
Un-Repaired Damage Excl
Loss Clause Amendment Endt
Master Endorsement
NMA2340 (24/11/88) Land, Water and Air Excl ;
Seepage/Pollution/Contamination Excl; Debris Removal Endt
NMA1191 Radioactive Contamination Excl
NMA464 War and Civil War Excl
LMA5021 Applicable Law (U.S.A.)
NMA1331 Cancellation Clause
LMA5018 Microorganism Excl (Absolute)
NMA2915 Electronic Data Endorsement B
NMA2962 (06/02/03) Biological or Chemical Materials Excl
LMA5019 Asbestos Endt
NMA2920 Terrorism Excl
LSW 1135(b) Lloyd’s Privacy Policy Statement
LSW1001 Several Liability Notice
Policy Jacket
ADDITIONAL FORMS:
GUS-FS-01 (10/05)
SERVICE OF SUIT CLAUSE (U.S.A.)
It is agreed that in the event of the failure of Underwriters hereon to pay any amount claimed to be due hereunder, Underwriters hereon, at the request of the Insured (or reinsured), will submit to the jurisdiction of any Court of competent jurisdiction within the United States and will comply with all requirements necessary to give such Court jurisdiction, and all matters arising hereunder shall be determined in accordance with the law and practice of such court.
It is further agreed that service of process in such suit may be made upon Mendes &
Mount, 520 Madison Ave, New York, NY 10022, and that in any suit instituted against any one of them upon this contract, Underwriters will abide by the final decision of such Court or any Appellate Court in the event of an appeal.
The above-named are authorized and directed to accept service of process on behalf of Underwriters in any such suit and/or upon the request of the insured (or reinsured) to give a written undertaking to the insured (or reinsured) and that they will enter a general appearance upon Underwriters' behalf in the event such a suit shall be instituted.
Further, pursuant to any statute of any state, territory, or district of the United States which makes provision therefore, Underwriters hereon hereby designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the insured (or reinsured) or any beneficiary hereunder arising out of this contract of insurance (or reinsurance), and hereby designate the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.
NMA 1998
PRIVACY POLICY NOTICE
The Gramm-Leach-Bliley Act of 1999 requires financial institutions (which includes banks, insurance
company’s agents and brokers) to notify you how they will use certain non-public personal financial
information you have given us. It is Griffin Underwriting Services policy to protect your privacy and the
personal information you have entrusted/given to us.
What is Griffin Underwriting Services policy on sharing your private information?
1. We will only use the information you have provided to us to assist you and your agent in
obtaining insurance coverage.
2. We will not distribute this personal information concerning you to other parties for anything
other than insurance underwriting purposes.
3. We will require anyone including our employees to whom we disclose your personal
information to protect its confidentiality and use it solely/only for the purpose which it is/was
disclosed.
PLEASE NOTE
The Gramm-Leach-Bliley Act allows financial institutions to share your personal information for
marketing purposes. In certain circumstances you can prohibit the sharing of your non-public
personal information. Griffin Underwriting Service voluntarily restricts this information and will not
distribute any of this information to non affiliated or affiliated third parties.
For more information on Privacy you can visit these web sites:
www.privacyrights.org/index.htm
www.privacy.net/resources
www.epic.org
www.ftc.gov
You can contact your agent if you have any questions regarding this matter.
Privacy Policy Notice
Concerning all certificate (policy) holders for Lloyds of London, Ace European Group Limited, Sirius
International Insurance Corp and Certain Underwriters at Lloyds.
“Neither the U.S. brokers that handled this insurance nor the insurers that have underwritten this
insurance will disclosed non-public personal information concerning the buyer to non affiliates of the
brokers or insurers except as permitted by law”
GUS-PPN
THIS IS A LIMITED COVERAGE POLICY. PLEASE READ IT CAREFULLY
DWELLING EARTHQUAKE COVERAGE FORM
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INSURING AGREEMENT
We will provide the insurance described in this policy in
return for the premium and compliance with all
applicable provisions of this policy.
DEFINITIONS
Throughout this policy, “you” and “your” refers to the
“named insured” shown on the Declaration page. “We”,
“us” and “our” refers to the Company providing the
insurance, as indicated on the Declaration page.
“Earthquake” means shaking or trembling of the
earth, whether caused by volcanic activity, tectonic
process or any other cause.
“Pollutants” means any solid, liquid, gaseous, or
thermal irritant or contaminant including smoke, vapor,
soot, fumes, acid, alkalis, chemicals and waste. Waste
includes material to be recycled, reconditioned or
reclaimed.
"Business" means
a. a trade, profession or occupation engaged in on a
full-time, part-time or occasional basis; or
b. Any other activity engaged in for money or other
compensation, except the following:
I. One or more activities, not described in (II)
through (IV) below, for which no "insured"
receives more than $2,000 in total
compensation for the 12 months before the
beginning of the policy period;
II. Volunteer activities for which no money is
received other than payment for expenses
incurred to perform the activity;
III. Providing home day care services for which no
compensation is received, other than the mutual
exchange of such services; or
IV. The rendering of home day care services to a
relative of an "insured".
“Actual Cash Value” means:
a. When the damage to property is economically
repairable, actual cash value means the cost of
repairing the damage, less reasonable deduction
for wear and tear, deterioration and
obsolescence.
b. When the loss or damage to property creates a
total loss, actual cash value means the market
value of property in a used condition equal to that
of the destroyed property, if reasonably available
on the used market.
c. Otherwise actual cash value means the market
value of new, identical or nearly identical property
less reasonable deduction for wear and tear,
deterioration and obsolescence.
"Replacement Cost"
a. In case of loss or damage to buildings,
replacement cost means the cost, at the time
of loss, to repair or replace the damaged property
with materials of like kind and quality, without
deduction for depreciation.
b. In case of loss to personal property,
replacement cost means the cost, at the time
of loss, of a new article identical to the one
damaged or destroyed. When the identical article
is no longer manufactured or is no longer
available, replacement cost shall mean the cost
of a new article similar to the one damaged or
destroyed and which is of comparable quality
and function, without deduction for depreciation.
"Residence premises" means:
a. The one family dwelling where you reside;
b. The two, three or four family dwelling where you
reside in at least one of the family units; or
c. That part of any other building where you reside;
and which is shown as the residence premises
in the Declarations.
Residence premises also includes other structures and
grounds at that location
PROPERTY COVERAGES
This insurance applies to the Residence Premises
Location in the Declarations, Coverages for which a Limit
of Liability is shown and Perils Insured Against for which
a Premium is stated in the Declarations.
A. Coverage A - Dwelling
We cover:
a. the dwelling on the residence premises shown
in the Declarations, including structures
attached to the dwelling; and
b. structures attached to the dwelling.
We do not cover:
a. land, including land on which the dwelling is
located, except as noted under Additional
Coverages, Land Stabilization; any diminution
of land value, landscaping, trees, shrubs,
lawns or plants, even if damaged by the repair
process;
b. swimming pools, hot tubs, masonry fences,
walkways and patios not necessary for the
regular entry or exit of the dwelling, awnings or
other patio coverings and any loss in value to
the dwelling due to the requirements of any
ordinance or law
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B. Coverage B – Adjacent or Other Structures
We cover other structures on the residence premises set
apart from the dwelling by clear space. This includes
structures connected to the dwelling by only a fence,
utility line, or similar connection.
We do not cover:
a. land, including land on which the dwelling is
located, except as noted under Additional
Coverages, Land Stabilization; any diminution
of land value, landscaping, trees, shrubs,
lawns or plants, even if damaged by the repair
process;
b. other structures rented or held for rental by any
person not a tenant of the dwelling, unless
used solely as a private garage;
c. other structures from which any “business” is
conducted
d. land used in whole or in part for commercial,
manufacturing or farming purposes; or
e. other structures used to store "business"
property. However, we do cover a structure
that contains "business" property solely owned
by an "insured" or a tenant of the dwelling
provided that "business" property does not
include gaseous or liquid fuel, other than fuel
in a permanently installed fuel tank of a vehicle
or craft parked or stored in the structure.
C. Coverage C - Personal Property
We cover personal property owned or used by you
while located at the residence premises.
We do not cover:
a. articles separately described and specifically
insured in any other insurance.
b. glassware, china, goldware, silverware,
porcelain or ceramic item, art work or other
decorative item; animals, birds, fish,
landscaping, trees, shrubs, lawns or plants,
motor vehicles or any other motorized land
conveyances including their equipment,
aircraft, aircraft parts, watercraft, watercraft
equipment, outboard motors, trailers, property
of boarders or tenants not related to any
insured; business property located on or away
from your premises, credit cards, fund transfer
cards, money, bank notes, bullion, gold, silver,
platinum, coins and medals, rare coins,
securities, accounts, deeds, evidence of debt,
letters of credit, notes other than bank notes,
manuscripts, tickets, passports, stamps, grave
markers, software, data or records stored on
media designed for use with a computer.
D. Coverage D – Loss of Use
1. Additional Living Expenses
a. If an earthquake makes the part of the residence
premises where you reside not fit to live in, we
cover any necessary increase in living expenses
you incur so that your household can maintain
its normal standard of living.
b. If a civil authority prohibits you from use of the
residence premises as a result of direct damage
to neighboring premises by an earthquake we
cover the Additional Living Expense loss as
provided under "a".
Payment shall be for the shortest, most reasonable time
required to make your dwelling ready for occupancy or, if
you permanently relocate, the shortest, most reasonable
time required to settle elsewhere but not to exceed:
a. the Additional Living Expense limit of liability
stated on the Declarations, or
b. the direct financial loss you incur under
Additional Living Expense; whichever is less.
This coverage is not limited by expiration of this policy.
We do not cover loss or expense due to cancellation of a
lease or agreement.
2. Fair Rental Value
If a loss covered under Property Coverages makes that
part of the residence premises rented to others or held
for rental by you not fit to live in, we cover the fair rental
value of such premises less any expenses that do not
continue while it is not fit to live in.
Payment will be for the shortest time required to repair or
replace such premises.
E. Additional Coverages
Land Stabilization. We will pay up to an additional
$5,000, for the cost required to replace, rebuild,
stabilize or otherwise restore the land necessary to
support the covered dwelling sustaining a covered loss.
The deductible must be met before Land Stabilization
coverage is available. Loss under this coverage will not
be included in meeting your deductible.
F. Other Coverages
1. Building Ordinance Coverage. We will pay up to
$10,000 for the purpose of Building Code Costs
required to bring the covered dwelling up to current
local residential dwelling building code. The
building code costs must be required by local entity
as part of the approval of the reconstruction permit
process following a covered loss. This is not
additional coverage, it is included in the Coverage
A (dwelling) limit.
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2. Debris Removal. We will pay up to 5% of the
Dwelling value or a maximum of $50,000,
whichever the lesser amount, for the removal of
debris from a property loss covered by this policy.
Debris removal expense is included in the limit of
liability applying to the damaged property.
3. Reasonable Repairs. We will pay the reasonable
cost incurred by you for necessary repairs made
solely to protect the property covered by this policy
from further damage if there is coverage under this
policy for the peril causing the loss. This cost is
included in the limit of liability that applies to the
property being repaired.
PERILS INSURED AGAINST
We insure for direct loss to the property caused by:
1. Earthquake
One or more earthquake shocks occurring within a
seventy-two hour period will be considered a single
earthquake.
Special Exclusion
We do not cover loss:
(1) Caused directly or indirectly by flood of any nature
or tidal wave, even if attributable to or resulting
from or made worse by earthquake.
(2) Caused directly or indirectly by landslide, mine
subsidence, mudslide or mudflow, earth sinking,
rising, settling or shifting and volcanic eruption.
(3) To exterior masonry veneer other than stucco on
wood frame walls caused by earthquake or
volcanic eruption. The value of such veneer will
not be included in the value of Covered Property
or the amount of loss when applying the
Deductible applicable to this form.
This limitation does not apply if:
a. The premises description in the
Declarations specifically states
“Including Masonry Veneer"; or
b. Less than 10% of the total outside wall
area is faced with masonry veneer
(excluding stucco).
GENERAL EXCLUSIONS We do not cover loss resulting directly or indirectly by
any of the following. Such loss or damage is excluded
regardless of any other cause or event that contributes
concurrently or in any sequence to the loss:
1. Fire; lightning; windstorm; explosion; strike; riot;
civil commotion; aircraft, spacecraft, self-
propelled missiles, and objects that fall from
these items; vehicles; vandalism or sprinkler
leakage.
2. dishonest or illegal acts, whether committed by
you or others, including but not limited to
burglary, theft, robbery, and conversion of
property.
3. loss by mysterious disappearance.
4. the following:
a. corrosion or rust.
b. rot or mold.
c. leakage, evaporation, shrinkage or loss of
weight.
d. the covered property being soured, scented,
discolored or changed in flavor.
e. smog, fumes or vapors.
5. cleanup or demolition of any structure or personal
property located on the residence premises
contaminated by smoke, fumes or residue caused
by, or resulting from any illegal use of the
residence premises as a laboratory for the
production of controlled or illegal chemicals or
narcotics. In addition, the company has no
obligation to defend or indemnify the insured as a
result of any claims or incidents relating to this
exclusion.
6. cleanup, demolition, repair, replacement or any
form of rehabilitation of any structure or personal
property located on the residence premises
contaminated by lead, lead based paints, or any
other lead containing material. Contamination as
used in this context includes deliberate application
of any product containing lead. Cleanup and
abatement expenses related to the removal of
contaminated materials are also excluded. In
addition, the company has no obligation to defend
or indemnify the insured as a result of any claims
or incidents relating to this exclusion.
7. water damage, meaning
a. flood, surface water, waves, tidal water, overflow
of a body of water or spray from any of these,
whether or not driven by wind;
b. water which backs up through sewers or drains;
or
c. water below the surface of the ground, including
water which exerts pressure on or seeps or leaks
through a building, sidewalk, driveway,
foundation, swimming pool or other structure.
8. power interruption, meaning the interruption of
power or other utility service if the interruption takes
place away from the Described Location.
9. war, including undeclared war, civil war,
insurrection, rebellion, revolution, warlike act by a
military force or military personnel, destruction or
seizure or use for a military purpose, and including
any consequence of any of these. Discharge of a
nuclear weapon shall be deemed a warlike act
even if accidental.
10. loss or damage from any peril to lawns, plants,
shrubs or trees outside of buildings.
11. loss or damage to land, no matter where it is
located, and regardless of the origin or cause of the
damage, except as provided under Additional
Coverages, Land Stabilization.
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12. loss or damage from any peril not specifically listed
as a Peril Insured Against
CONDITIONS
1. Policy Period. This policy applies only to loss which
occurs during the policy period.
2. Insurable Interest and Limit of Liability. Even if
more than one person has an insurable interest in the
property covered, we shall not be liable:
a. for an amount greater than the interest of a
person insured under this policy; or
b. for more than the limit of liability that applies.
3. Concealment or Fraud. We do not provide coverage
if you have intentionally concealed or misrepresented
any material fact or circumstance relating to this
insurance.
4. Your Duties After Loss. In case of a loss to which
this insurance may apply, you shall see that the
following duties are performed:
a. give immediate notice to us or your agent;
b. protect the property from further damage, make
reasonable and necessary repairs required to
protect the property, and keep an accurate record
of repair expenditures;
c. prepare an inventory of damaged personal
property showing in detail, the quantity,
description, actual cash value and amount of
loss. Attach to the inventory all bills, receipts and
related documents that substantiate the figures in
the inventory;
d. as often as we may reasonably
require:
I. exhibit the damaged
property
II. provide us with records and documents
we request and permit us to make
copies; and
III. submit to examination under oath and
subscribe to the same.
e. submit to us, within 60 days after we request,
your signed sworn proof of loss which sets forth,
to the best of your knowledge and belief:
I. the time and cause of loss;
II. interest of you and all others in the
property involved and all encumbrances
on the property;
III. other insurance which may cover the
loss;
IV. changes in title or occupancy of the
property during the term of the policy;
V. specifications of any damaged building
and detailed estimates for repair of the
damage;
VI. an inventory of damaged personal
property described in 4c;
5. Loss Settlement. Covered property losses are
settled at actual cash value unless replacement
cost is shown on the declaration page under
coverage description. At the time of loss, losses are
settled not to exceed the smallest of the following
amounts:
a. The amount necessary to repair or replace the
damaged property; or
b. The Limit of Liability under Property Coverages
of this policy.
6. Loss to a Pair or Set. In case of a loss to a pair or
set we may elect to:
a. repair or replace any part to restore the pair or
set to its value before the loss; or
b. pay the difference between actual cash value of
the property before and after the loss.
7. Glass Replacement. Covered loss to glass shall be
settled on the basis of replacement with safety
glazing materials when required by ordinance or law.
8. Appraisal. If you and we fail to agree on the amount
of loss, either can demand that the amount of the
loss be set by appraisal. If either makes a written
demand for appraisal, each shall select a
competent, independent appraiser and notify the
other of the appraiser's identity within 20 days of
receipt of the written demand. The two appraisers
shall then select a competent, impartial umpire. If
the two appraisers are unable to agree upon an
umpire within 15 days, you or we can ask a judge of
a court of record in the state of the Described
Location to select an umpire. The appraisers shall
then set the amount of the loss. If the appraisers
submit a written report of agreement to us, the
amount agreed upon shall be the amount of the
loss. If the appraisers fail to agree within a
reasonable time, they shall submit their differences
to the umpire. Written agreement signed by any two
of these three shall set the amount of the loss. Each
appraiser shall be paid by the party selecting that
appraiser. Other expenses of the appraisal and the
compensation of the umpire shall be paid equally by
you and us.
9. Other Insurance. If a loss covered by this policy is
also covered by other insurance, we will pay only the
proportion of the loss that the limit of liability that
applies under this policy bears to the total amount of
insurance covering the loss.
10. Subrogation. You may waive in writing before a loss
all rights of recovery against any person. If not
waived, we may require an assignment of rights of
recovery for a loss to the extent that payment is
made by us. If an assignment is sought, the person
insured shall sign and deliver all related papers and
cooperate with us in any reasonable manner.
11. Suit Against Us. No action shall be brought unless
there has been compliance with the policy provisions
and the action is started within one year after the
loss.
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12. Our Option. If we give you written notice within 30
days after we receive your signed, sworn statement
of loss, we may repair or replace any part of the
property damaged with equivalent property.
13. Loss Payment. We will adjust all losses with you.
We will pay you unless some other person is named
in the policy or is legally entitled to receive payment.
Loss will be payable 30 days after we receive your
proof of loss and:
a. reach agreement with you; or
b. there is an entry of a final judgment; or
c. there is a filing of an appraisal award with us.
14. Abandonment of Property. We need not accept
any property abandoned by you.
15. Mortgagee Clause.
a. If a mortgagee is named in this policy, any
loss payable under this policy will be paid to
the mortgagee and you, as interests appear.
If more than one mortgagee is named, the
order of payment will be the same as the
order of precedence of the mortgages.
b. If we deny your claim, that denial will not
apply to a valid claim of the mortgagee, if the
mortgagee:
I. Notifies us of any change in ownership,
occupancy or substantial change in risk
of which the mortgagee is aware;
II. Pays any premium due under this policy
on demand if you have neglected to pay
the premium; and
III. Submits a signed, sworn statement of
loss within 60 days after receiving notice
from us of your failure to do so.
Paragraphs 7. Appraisal, 10. Suit Against
Us and 12. Loss Payment under the
Conditions section also apply to the
mortgagee.
c. If we decide to cancel or not to renew this
policy, the mortgagee will be notified at least
10 days before the date cancellation or
nonrenewal takes effect.
d. If we pay the mortgagee for any loss and
deny payment to you:
I. We are subrogated to all the rights of the
mortgagee granted under the mortgage
on the property; or
II. At our option, we may pay to the
mortgagee the whole principal on the
mortgage plus any accrued interest. In
this event, we will receive a full
assignment and transfer of the mortgage
and all securities held as collateral to the
mortgage debt.
e. Subrogation will not impair the right of the
mortgagee to recover the full amount of the
mortgagee's claim.
16. No Benefit to Bailee. We will not recognize any
assignment or grant any coverage for the benefit of
any person or organization holding, storing or
transporting property for a fee regardless of any
other provision of this policy.
17. Cancellation.
a. You may cancel this policy at any time by return-
ing it to us or by notifying us in writing of the date
cancellation is to take effect.
b. We may cancel this policy by mailing to you or
your representative, or any lienholder shown in
the policy, at the last address known by us or at
the last address shown in our records, written
notice stating when not less than thirty (30) days
thereafter such cancellation shall be effective;
provided that in the event of nonpayment of
premium, such notice shall state when not less
than ten (10) days thereafter such cancellation
shall be effective.
c. When this policy has been in effect for sixty (60)
days or more, or at any time if it is a renewal with
us, we may cancel if there has been a material
misrepresentation of fact which if known to us
would have caused us to not issue the policy or if
the risk has changed substantially since the
policy was issued. This can be done by notifying
you at least thirty (30) days before the date
cancellation takes effect.
d. When this policy is written for a period longer than
one year, we may cancel for any reason at
anniversary by notifying you at least thirty (30)
days before the date cancellation takes effect.
e. When this policy is cancelled, the Policy Fee shall
be fully earned and the premium for the period
from the date of cancellation to the expiration date
will be refunded, subject to a Minimum Earned
Premium if one is indicated on the Declarations of
this policy. When you request cancellation, the
return premium will be based on our rules for
such cancellation, and will be less than a full pro
rata refund. When we cancel, the return premium
will be pro rata.
f. If the return premium is not refunded with the
notice of cancellation or when this policy is
returned to us for cancellation, we will refund it as
soon as possible, but no later than:
I. 45 days after we send a notice of
cancellation to you; or
II. 30 days after we receive the policy or a
notice of cancellation from you.
g. If the policy is cancelled by us, any mortgagee or
other person with a financial interest in the
property, who is named in the Declarations or in
any endorsement attached to this policy, will be
notified in writing at least ten (10) days before the
date cancellation takes effect. The cancellation
notice may be delivered or mailed; proof of
mailing will be sufficient proof of notice.
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18. Non-Renewal. We may elect not to renew this
policy. We may do so by delivery to you or mailing to
you at your mailing address shown in the
Declarations, written notice at least thirty (30) days
before the expiration date of the policy. Proof of
mailing shall be sufficient proof of notice.
19. Liberalization Clause. If we adopt any revision
which would broaden the coverage under this policy
without additional premium within 60 days prior to or
during the policy period, the broadened coverage will
immediately apply to this policy.
20. Waiver or Change of Policy Provisions. A waiver
or change of any provision of this policy must be in
writing by us to be valid. Our request for an
appraisal or examination shall not waive any of our
rights.
21. Assignment. Assignment of this policy shall not be
valid unless we give our written consent.
22. Death. If you die, we insure:
a. your legal representatives, but only with respect
to the property covered under the policy at the
time of death;
b. with respect to your property, the person having
proper temporary custody of the property until
appointment and qualification of a legal
representative. 21. Nuclear Hazard Clause.
a. “Nuclear Hazard” means any nuclear reaction,
radiation, or radioactive contamination, all
whether controlled or uncontrolled or however
caused, or any consequence of any of these.
b. Loss caused by the nuclear hazard shall not be
considered loss caused by fire, explosion, or
smoke, whether these perils are specifically
named in or otherwise included within the Perils
Insured Against.
c. This policy does not apply to loss caused directly
or indirectly by nuclear hazard.
DEDUCTIBLE
Unless otherwise noted in this policy, the following
deductible provision applies:
Subject to the policy limits that apply, we will only pay
that part of the total of all loss payable that exceeds the
deductible amount.
The deductible amount shall be calculated as a
percentage of the Total Insured Value listed in the
Declarations. The applicable percentage is shown in
the Declarations.
Example:
When:
- The Total Insured Value under a policy is $100,000
- The Earthquake Deductible is 5%
- The amount of loss is $20,000
Step (a): $100,000 x 5% = $5,000
Step (b): $20,000 - $5,000 = $15,000
The most we will pay is $15,000.
The remaining $5,000 is not covered as this is the
calculated deductible amount
COINSURANCE
If a Coinsurance percentage is shown in the
Declarations, the following condition applies.
We will not pay the full amount of any loss if the value
of Covered Property at the time of loss times the
Coinsurance percentage shown for it in the
Declarations is greater than the Limit of Insurance for
the property.
Instead, we will determine the most we will pay using
the following steps:
(1) Multiply the value of Covered Property at the time
of loss by the Coinsurance percentage;
(2) Divide the Limit of Insurance of the property by
the figure determined in step (1);
(3) Multiply the total amount of loss, before the
application of any deductible, by the figure
determined in step (2); and
(4) Subtract the deductible from the figure
determined in step (3).
We will pay the amount determined in step (4) or the
limit of insurance whichever is less. For the remainder,
you will either have to rely on other insurance or absorb
the loss yourself.
Example (Underinsurance):
When:
The value of the property is $250,000
The Coinsurance percentage for it is 80%
The Limit of Insurance for it is $100,000
The Deductible is $250
The amount of loss is $40,000
Step (1): $250,000 x 80% = $200,000
(the minimum amount of insurance to meet your
Coinsurance requirements)
Step (2): $100,000 Error! AutoText entry not
defined. $200,000 = .50
Step (3): $ 40,000 x .50 = $20,000
Step (4): $ 20,000 – $250 = $19,750
We will pay no more than $19,750. The remaining
$20,250 is not covered.
PERSONAL PROPERTY COVERAGE -
ADDITIONAL SPECIFIED COVERAGES AND
SPECIAL LIMITS OF INSURANCE If a Limit is shown on the Declarations for Personal Property, we agree to extend coverage C
– Personal Property to specific items of personal property listed below for direct loss to the
property caused only by the Perils Insured Against listed in the policy.
The limits of insurance shown below are sublimits of the limit of insurance (if any) for
Coverage C, Personal Property and do not increase the limits of insurance, as shown in the
DECLARATIONS. The sublimits shown below are the maximum amounts we will pay for
any one loss for all personal property in each numbered category below.
1. $2,500 on Computer Equipment, including all data processing equipment, printers,
scanners, fax machines, copiers and other computer related components, computer software and programs including the direct expense of re-creating and entering data into the computer which was lost due to the earthquake.
2. $1,500 on jewelry, watches, precious and semi-precious stones, articles of gold, silver,
platinum or other precious metals and alloys. 3. $1,500 on all items of glassware, ceramics, china, crystal and dishware, whether for
utility or decorative purpose, ornamental items of porcelain and silver. 4. $1,500 on silverware, silver-plated ware, gold ware, gold-plated ware or any item the
majority of the value of which is gold or silver, including but not limited to lamps or statuary.
5. $1,500 on fur and fur coats and any other articles containing fur. 6. $1,500 on film, electronic or video cameras of any kind and their related equipment and
accessories. 7. $1,500 on musical instruments. 8. $1,500 on sporting equipment and firearms including guns and collections. 9. $1,500 on fine arts.
GUS-PPC-Addl (6-12)
INFLATION GUARD
The limits of liability for Coverages A, B, C & D (if listed on the declaration page) will be
increased annually by the percentage amount that is:
1. Shown in the schedule below; and 2. Applied pro rata during the policy period.
Percentage Amount: *4%
*Entry may be left blank if shown elsewhere in this policy for this coverage
IMPORTANT NOTICE: The coverage provided by this “Inflation Guard” endorsement does
not guarantee that you will have adequate limits in the event of a covered loss, nor does it
guarantee that the “Percentage Amount” shown above will keep up with actual inflation. We
make no representations as to the adequacy of your limits of liability. It is your responsibility
to ensure that the limits of liability listed in this policy are adequate at all times to cover
potential losses and to satisfy other policy provisions, such as coinsurance requirements. If
you have questions about your limits, please contact your agent.
ENDPL-86 (10-05)
UN-REPAIRED DAMAGE EXCLUSION
It is hereby understood and agreed that we do not insure for loss caused directly or indirectly
as a result of un-repaired damages caused by any occurrence which took place prior to the
inception date of this policy/certificate.
GUSUDE (03/01)
LOSS CLAUSE AMENDMENT ENDORSEMENT
It is understood and agreed that in the event of a total loss or constructive total loss under the
policy, the entire policy premium shall be earned in full and no return premium shall be due
to the named insured.
If the premium has not been paid to the company, or the company is required to return
premium to a financing company, the amount of that premium shall be deducted from the
amount of the loss payable to the insured or any finance company of the property or building.
LCA-01 (10/05)
MASTER ENDORSEMENT
NEQ-XEQ-MASTER (6/12)
U.S.A. & CANADA NMA2340 (24/11/88)
LAND, WATER AND AIR EXCLUSION
Notwithstanding any provision to the contrary within the Policy of which this Endorsement forms part (or
within any other Endorsement which forms part of this Policy), this Policy does not insure land (including
but not limited to land on which the insured property is located), water or air, howsoever and wherever
occurring, or any interest or right therein.
SEEPAGE AND/OR POLLUTION AND/OR CONTAMINATION EXCLUSION
Notwithstanding any provision to the contrary within the Policy of which this Endorsement forms part (or
within any other Endorsement which forms part of this Policy), this Policy does not insure:
(a) any loss, damage, cost or expense, or
(b) any increase in insured loss, damage, cost or expense, or
(c) any loss, damage, cost, expense, fine or penalty, which is incurred, sustained or imposed by order,
direction, instruction or request of, or by any agreement with, any court, government agency or any
public, civil or military authority, or threat thereof, (and whether or not as a result of public or private
litigation),
which arises from any kind of seepage or any kind of pollution and/or contamination, or threat thereof,
whether or not caused by or resulting from a peril insured, or from steps or measures taken in connection
with the avoidance, prevention, abatement, mitigation, remediation, clean-up or removal of such seepage or
pollution and/or contamination or threat thereof.
The term "any kind of seepage or any kind of pollution and/or contamination" as used in this Endorsement
includes (but is not limited to):
(a) seepage of, or pollution and/or contamination by, anything, including but not limited to, any material
designated as a "hazardous substance" by the United States Environmental Protection Agency or as a
"hazardous material" by the United States Department of Transportation, or defined as a "toxic
substance" by the Canadian Environmental Protection Act for the purposes of Part II of that Act, or any
substance designated or defined as toxic, dangerous, hazardous or deleterious to persons or the
environment under any other Federal, State, Provincial, Municipal or other law, ordinance or regulation;
and
(b) the presence, existence, or release of anything which endangers or threatens to endanger the health,
safety or welfare of persons or the environment.
DEBRIS REMOVAL ENDORSEMENT
THIS ENDORSEMENT CONTAINS PROVISIONS WHICH MAY LIMIT OR PREVENT RECOVERY
UNDER THIS POLICY FOR LOSS WHERE COSTS OR EXPENSES FOR DEBRIS REMOVAL ARE
INCURRED.
Nothing contained in this Endorsement shall override any Seepage and/or Pollution and/or Contamination
Exclusion or any Radioactive Contamination Exclusion or any other Exclusion applicable to this Policy.
MASTER ENDORSEMENT
NEQ-XEQ-MASTER (6/12)
Any provision within this Policy (or within any other Endorsement which forms part of this Policy) which
insures debris removal is cancelled and replaced by the following:
1. In the event of direct physical damage to or destruction of property, for which Underwriters hereon
agree to pay, or which but for the application of a deductible or underlying amount they would agree to
pay (hereinafter referred to as "Damage or Destruction"), this Policy also insures, within the Sum
Insured, subject to the limitations and method of calculation below, and to all the other terms and
conditions of the Policy, costs or expenses;
(a) which are reasonably and necessarily incurred by the Assured in the removal, from the premises of
the Assured at which the Damage or Destruction occurred, of debris which results from the
Damage or Destruction; and
(b) of which the Assured becomes aware and advises the amount thereof to Underwriters hereon
within one year of the commencement of such Damage or Destruction.
2. In calculating the amount, if any, payable under this Policy for loss where costs or expenses for
removal of debris are incurred by the Assured (subject to the limitations in paragraph 1 above):
(a) the maximum amount of such costs or expenses that can be included in the method of calculation
set out in (b) below shall be the greater of US$25,000 (twenty-five thousand dollars) or 10% (ten
percent) of the amount of the Damage or Destruction from which such costs or expenses result;
and
(b) the amount of such costs or expenses as limited in (a) above shall be added to:
(i) the amount of the Damage or Destruction; and
(ii) all other amounts of loss, which arise as a result of the same occurrence, and for which
Underwriters hereon also agree to pay, or which but for the application of a deductible or
underlying amount they would agree to pay; and
the resulting sum shall be the amount to which any deductible or underlying amount to which this
Policy is subject and the limit (or applicable sub-limit) of this Policy, shall be applied.
RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE-PHYSICAL DAMAGE-DIRECT N.M.A. 1191
This certificate does not cover any loss or damage arising directly or indirectly from nuclear reaction,
nuclear radiation or radioactive contamination. However, such nuclear reaction, nuclear radiation or
radioactive contamination may have been caused. NEVERTHELESS, if fire is an insured peril and fire
arises directly or indirectly from nuclear reaction, nuclear radiation or radioactive contamination any loss or
damage arising directly from that fire shall (subject to the provisions of this certificate) be covered
EXCLUDING however all loss or damage caused by nuclear reaction, nuclear radiation or radioactive
contamination arising directly or indirectly from that fire.
Note – If Fire is not an insured peril under this Certificate the words from “NEVERTHELESS” to the end of
the clause do not apply and should be disregarded.
MASTER ENDORSEMENT
NEQ-XEQ-MASTER (6/12)
WAR AND CIVIL WAR EXCLUSION N.M.A. 464
Notwithstanding anything to the contrary herein this Certificate does not cover loss or damage directly or
indirectly occasionally, happening through or in consequence of war, invasion acts of foreign enemies,
hostilities (whether war be declared or not), civil war rebellion, revolution, insurrection, military or usurped
power or confiscation or nationalization of requisition of or damage to property by or under the order of any
government or public or local authority.
APPLICABLE LAW (U.S.A.) LMA5021 (14/09/2005) Form approved by Lloyd’s Market Association
This Insurance shall be subject to the applicable state law to be determined by the court of competent
jurisdiction as determined by the provisions of the Service of Suit Clause (U.S.A.)
CANCELLATION CLAUSE NMA 1331
NOTWITHSTANDING anything contained in this Insurance to the contrary this Insurance may be cancelled
by the Assured at any time by written notice or by surrender of this contract of insurance. This insurance
may also be cancelled by or on behalf of the Underwriters by delivering to the Assured or by mailing to the
Assured by registered, certified or other first class mail, at the Assured's address as shown in this
Insurance, written notice stating when, not less than 20 days thereafter, the cancellation shall be effective.
The mailing of such notice as aforesaid shall be sufficient proof of notice and this Insurance shall terminate
at the date and hour specified in such notice.
If this Insurance shall be cancelled by the Assured, the Underwriters shall retain the customary short rate
proportion of the premium hereon, except that if this Insurance is on an adjustable basis the Underwriters
shall receive the earned premium hereon or the customary short rate proportion of any minimum premium
stipulated herein, whichever is greater.
If this Insurance shall be cancelled by or on behalf of the Underwriters, the Underwriters shall retain the pro
rata proportion of any minimum premium hereon, except that if this Insurance is on an adjustable basis the
Underwriters shall receive the earned premium hereon or the pro rata proportion of any minimum earned
premium herein, whichever is greater.
Payment or tender of any unearned premium by the Underwriters shall not be a condition precedent to the
effectiveness of Cancellation but such payment shall be made as soon as practicable.
If the period of limitation relating to the giving of notice is prohibited or made void by any law controlling the
construction thereof, such period shall be deemed to be amended so as to be equal to the minimum period
of limitation permitted by such law.
MASTER ENDORSEMENT
NEQ-XEQ-MASTER (6/12)
MICROORGANISM EXCLUSION (ABSOLUTE) LMA5018 14/09/2005
This Policy does not insure any loss, damage, claim, cost, expense or other sum directly or indirectly
arising out of or relating to:
mold, mildew, fungus, spores or other microorganism of any type, nature, or description, including but
not limited to any substance whose presence poses an actual or potential threat to human health.
This Exclusion applies regardless whether there is (i) any physical loss or damage to insured property; (ii)
any insured peril or cause, whether or not contributing concurrently or in any sequence; (iii) any loss of use,
occupancy, or functionality; or (iv) any action required, including but not limited to repair, replacement,
removal, cleanup, abatement, disposal, relocation, or steps taken to address medical or legal concerns.
This Exclusion replaces and supersedes any provision in the Policy that provides insurance, in whole or in
part, for these matters.
ELECTRONIC DATA ENDORSEMENT B NMA2915 25/01/01
Electronic Data Exclusion
Notwithstanding any provision to the contrary within the Policy or any endorsement thereto, it is understood
and agreed as follows:
(a) This Policy does not insure loss, damage, destruction, distortion, erasure, corruption or alteration of
ELECTRONIC DATA from any cause whatsoever (including but not limited to COMPUTER VIRUS)
or loss of use, reduction in functionality, cost, expense of whatsoever nature resulting therefrom,
regardless of any other cause or event contributing concurrently or in any other sequence to the
loss.
ELECTRONIC DATA means facts, concepts and information converted to a form useable for
communications, interpretation or processing by electronic and electromechanical data processing
or electronically controlled equipment and includes programmes, software and other coded
instructions for the processing and manipulation of data or the direction and manipulation of such
equipment.
COMPUTER VIRUS means a set of corrupting, harmful or otherwise unauthorised instructions or
code including a set of maliciously introduced unauthorised instructions or code, programmatic or
otherwise, that propagate themselves through a computer system or network of whatsoever nature.
COMPUTER VIRUS includes but is not limited to 'Trojan Horses', 'worms' and 'time or logic
bombs'.
(b) However, in the event that a peril listed below results from any of the matters described in
paragraph (a) above, this Policy, subject to all its terms, conditions and exclusions, will cover
physical damage occurring during the Policy period to property insured by this Policy directly
caused by such listed peril.
Listed Perils
Explosion
MASTER ENDORSEMENT
NEQ-XEQ-MASTER (6/12)
2. Electronic Data Processing Media Valuation
Notwithstanding any provision to the contrary within the Policy or any endorsement thereto, it is
understood and agreed as follows:
Should electronic data processing media insured by this Policy suffer physical loss or damage insured
by this Policy, then the basis of valuation shall be the cost of the blank media plus the costs of copying
the ELECTRONIC DATA from back-up or from originals of a previous generation. These costs will not
include research and engineering nor any costs of recreating, gathering or assembling such
ELECTRONIC DATA. If the media is not repaired, replaced or restored the basis of valuation shall be
the cost of the blank media. However this Policy does not insure any amount pertaining to the value of
such ELECTRONIC DATA to the Assured or any other party, even if such ELECTRONIC DATA cannot
be recreated, gathered or assembled.
BIOLOGICAL OR CHEMICAL MATERIALS EXCLUSION NMA2962 (06/02/03)
It is agreed that this Insurance excludes loss, damage, cost or expense of whatsoever nature directly or
indirectly caused by, resulting from or in connection with the actual or threatened malicious use of
pathogenic or poisonous biological or chemical materials regardless of any other cause or event
contributing concurrently or in any other sequence thereto.
ASBESTOS ENDORSEMENT LMA5019 14/09/2005
A. This Policy only insures asbestos physically incorporated in an insured building or structure, and then
only that part of the asbestos which has been physically damaged during the period of insurance by
one of these Listed Perils:
fire; explosion; lightning; windstorm; hail; direct impact of vehicle, aircraft or vessel; riot or civil
commotion, vandalism or malicious mischief; or accidental discharge of fire protective equipment.
This coverage is subject to each of the following specific limitations:
1. The said building or structure must be insured under this Policy for damage by that Listed Peril.
2. The Listed Peril must be the immediate, sole cause of the damage of the asbestos.
3. The Assured must report to Underwriters the existence and cost of the damage as soon as
practicable after the Listed Peril first damaged the asbestos. However, this Policy does not insure
any such damage first reported to the Underwriters more than 12 (twelve) months after the
expiration, or termination, of the period of insurance.
4. Insurance under this Policy in respect of asbestos shall not include any sum relating to:
(i) any faults in the design, manufacture or installation of the asbestos;
(ii) asbestos not physically damaged by the Listed Peril including any governmental or regulatory
authority direction or request of whatsoever nature relating to undamaged asbestos.
B. Except as set forth in the foregoing Section A, this Policy does not insure asbestos or any sum relating
thereto.
MASTER ENDORSEMENT
NEQ-XEQ-MASTER (6/12)
TERRORISM EXCLUSION ENDORSEMENT NMA 2920
Notwithstanding any provision to the contrary within this insurance or any endorsement thereto it is agreed
that this insurance excludes loss, damage, cost or expense of whatsoever nature directly or indirectly
caused by, resulting from or in connection with any act of terrorism regardless of any other cause or event
contributing concurrently or in any other sequence to the loss;
For the purpose of this endorsement an act of terrorism means an act, including but not limited to the use
of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or
on behalf of or in connection with any organization(s) or government(s), committed for political, religious,
ideological or in similar purposes including the intention to influence any government and/or to put the
public, or any section of the public, in fear.
This endorsement also excludes loss, damage, cost or expense of whatsoever nature directly or indirectly
caused by, resulting from or in connection with any action taken in controlling, preventing, suppressing or
in any way relating to any act of terrorism.
If the Underwriters allege that by reason of this exclusion, any loss, damage, cost or expense is not covered
by this insurance the burden of proving the contrary shall be upon the Assured.
In the event any portion of this endorsement is found to be invalid or unenforceable the remainder shall
remain in full force and effect.
PRIVACY POLICY STATEMENT LSW 1135(b) 06/03
UNDERWRITERS
Underwriters want you to know how we protect the confidentiality of your non-public personal information.
We want you to know how and why we use and disclose the information that we have about you. The
following describes our policies and practices for securing the privacy of our current and former customers.
INFORMATION WE COLLECT
The non-public personal information that we collect about you includes, but is not limited to:
Information contained in applications or other forms that you submit to us, such as name, address, and
social security number
Information about your transactions with our affiliates or other third-parties, such as balances and
payment history
Information we receive from a consumer-reporting agency, such as credit-worthiness or credit history
INFORMATION WE DISCLOSE
We disclose the information that we have when it is necessary to provide our products and services. We
may also disclose information when the law requires or permits us to do so.
CONFIDENTIALITY AND SECURITY
MASTER ENDORSEMENT
NEQ-XEQ-MASTER (6/12)
Only our employees and others who need the information to service your account have access to your
personal information. We have measures in place to secure our paper files and computer systems.
RIGHT TO ACCESS OR CORRECT YOUR PERSONAL INFORMATION
You have a right to request access to or correction of your personal information
that is in our possession.
CONTACTING US
If you have any questions about this privacy notice or would like to learn more about how we protect your
privacy, please contact the agent or broker who handled this insurance. We can provide a more detailed
statement of our privacy practices upon request.
SEVERAL LIABILITY NOTICE LSW 1001
“The subscribing insurers’ obligations under contracts of insurance to which they subscribe are several and
not joint and are limited solely to the extent of their individual subscriptions.
The subscribing insurers are not responsible for the subscription of any co-subscribing insurer who for any
reason does not satisfy all or part of its obligations.”
Certificate of
(hereinafter called “Coverholder”)
Evidencing Placement of Insurance with certain Underwriters at Lloyds, London
Cover holder hereby certifies that, pursuant to the instructions of the Assured and acting on behalf of the Assured,
insurance as described herein has been effected with certain Underwriters at Lloyd's, London.
Such insurance has been placed in accordance with the limited authorization granted to the Coverholder by certain
Underwriters at Lloyd's London, whose names and the proportions underwritten by them can be ascertained form
the office of said Coverholder (such Underwriters being hereinafter called "Underwriters"), and in consideration
of the premium specified herein, Underwriters have agreed to bind themselves each for his own part and not one
for another, their heirs, executors and administrators.
The assured is requested to read this Certificate, and if not correct, return it immediately to the Coverholder for
appropriate alteration.
In the event of a claim under the insurance described in this Certificate, please notify the following Coverholder:
Griffin Underwriting Services, P.O. Box 3867, Bellevue, WA 98009
SLC-3 USA
GUS 10-05
Certificate Provisions
1. Signature Required. This certificate shall not be valid unless signed by the Coverholder on the
declaration page.
2. Coverholder not Insurer. The Coverholder is not an insurer of the insurance described herein and
neither is nor shall be liable for any loss or claim whatsoever. The Insurers of such insurance are those
individual Underwriters at Lloyd's London, whose names can be ascertained as hereinbefore set forth.
3. Cancellation. If the insurance described herein provides for cancellation and if said insurance is
cancelled after the inception date, earned premium must be paid for the time the insurance has been in
force.
4. Assignment. The insurance described herein shall not be assigned either in whole or in part without the
written consent of the Coverholder endorsed hereon.
5. Attached conditions incorporated. The insurance described in this Certificate is subject to all the
provisions, conditions and warranties set forth herein, attached or endorsed, all of which are to be
considered incorporated herein as further descriptive of the insurance the placement of which is
evidenced by this Certificate.
6. If the Assured shall make any claim knowing the same to be false or fraudulent, as regards amount or
otherwise; this Certificate shall become void, and all claim thereunder shall be forfeited.
7. The Assured shall immediately report to the said Insurer's representative, any occurrence likely to result
in a claim under this Certificate, and shall also file with the said Insurer's representative a detailed sworn
proof of loss within sixty days from the date of loss. Failure by the Assured either to report the said loss
or damage or to file such a written proof of loss as above provided, shall invalidate any claim under this
Certificate.
8. Loss, if any, to be payable in United States Currency.
9. Any provisions or conditions appearing in any forms attached hereto and made a part hereof, which
conflict with or alter the Certificate provisions stated above, shall supersede the provisions appearing in
this Certificate insofar as the latter conflict.