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Microsoft word - cp 0018 _0402_ condominium commercial unit-owners coverage–

CP 00 18 04 02
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance.
Other words and phrases that appear in quotation marks have special meaning. Refer to Section H. – Defini-
A. Coverage
(2) Located in or on the building described
We will pay for direct physical loss of or damage in the Declarations or in the open (or in to Covered Property at the premises described in the Declarations caused by or resulting from any 1. Covered Property
age to personal property of others will only be for the account of the owner of the prop- Covered Property, as used in this Coverage Part, means the type of property described in this Section, A.1., and limited in A.2., Property
2. Property Not Covered
Not Covered, if a Limit of Insurance is shown in the Declarations for that type of property. Accounts, bills, currency, food stamps or Your Business Personal Property located in other evidences of debt, money, notes or or on the building described in the Declara- securities. Lottery tickets held for sale are tions or in the open (or in a vehicle) within 100 feet of the described premises, consist- ing of the following unless otherwise speci- boarded by you, or if owned by you, only as fied in the Declarations or on the Your Busi- "stock" while inside of buildings; ness Personal Property – Separation of Contraband, or property in the course of Personal property while airborne or water- coverage form of this or any other policy in which it is more specifically described, ex- Labor, materials or services furnished or (whether you can collect on it or not) from CP 00 18 04 02
Page 1 of 12
h. Electronic data, except as provided under
Additional Coverages – Electronic Data. Electronic data means information, facts or (other than signs attached to buildings), ated or used on, or transmitted to or from computer software (including systems and "stock" of trees, shrubs or plants), all applications software), on hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other reposito- Any of the following types of property con- ries of computer software which are used tained within a unit, regardless of owner- with electronically controlled equipment. The term computer programs, referred to in Agreement requires the Association to in- the foregoing description of electronic data, means a set of related electronic instruc- tions which direct the operations and func- tions of a computer or device connected to it, which enable the computer or device to receive, process, store, retrieve or send refrigerating, ventilating, cooking, dish- data. This paragraph, h., does not apply to
your "stock" of prepackaged software. The cost to replace or restore the informa- 3. Covered Causes Of Loss
tion on valuable papers and records, includ- See applicable Causes of Loss Form as shown ing those which exist as electronic data. are not limited to proprietary information, 4. Additional Coverages
books of account, deeds, manuscripts, ab- a. Debris Removal
stracts, drawings and card index systems. Refer to the Coverage Extension for Valu- Subject to Paragraphs (3) and (4), we
Electronic Data) for limited coverage for that occurs during the policy period. The Vehicles or self-propelled machines (includ- reported to us in writing within 180 days Are licensed for use on public roads; or (2) Are operated principally away from the
Extract "pollutants" from land or (4), the following provisions apply:
(a) The most we will pay for the total of
(b) Subject to (a) above, the amount we
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CP 00 18 04 02
(4) We will pay up to an additional $10,000
Example #2
(b) The actual debris removal expense
Paragraph (3) is calculated as follows:
Therefore, if (4)(a) and/or (4)(b) apply,
our total payment for direct physical loss (4), because the debris removal ex-
Example #1
able under Paragraph (4). Thus the total
b. Preservation Of Property
If it is necessary to move Covered Property from the described premises to preserve it of Loss, we will pay for any direct physical Only if the loss or damage occurs within terms of Paragraph (3).
30 days after the property is first moved. CP 00 18 04 02
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c. Fire Department Service Charge
(a) If the Causes Of Loss – Special
When the fire department is called to save $1,000 for your liability for fire department (b) If the Causes Of Loss – Broad Form
No Deductible applies to this Additional d. Pollutant Clean Up And Removal
(c) If the Causes Of Loss Form is en-
We will pay your expense to extract "pollut- ants" from land or water at the described premises if the discharge, dispersal, seep- age, migration, release or escape of the "pollutants" is caused by or results from a Covered Cause of Loss that occurs during (d) The Covered Causes of Loss include
the policy period. The expenses will be paid only if they are reported to us in writing within 180 days of the date on which the This Additional Coverage does not apply to costs to test for, monitor or assess the exis- tence, concentration or effects of "pollut- ants". But we will pay for testing which is performed in the course of extracting the "pollutants" from the land or water. The most we will pay under this Additional Electronic
in any one policy year, regardless of the (2) Subject to the provisions of this Addi-
tional Coverage, we will pay for the cost balance is available for subsequent loss or damage sustained in but not after that tent that electronic data is not replaced or restored, the loss will be valued at the year(s), all loss or damage is deemed to with blank media of substantially identi- be sustained in the policy year in which (3) The Covered Causes of Loss applicable
ply to this Additional Coverage – Elec- Page 4 of 12
CP 00 18 04 02
5. Coverage Extensions
Except as otherwise provided, the following Ex- tensions apply to property located in or on the building described in the Declarations or in the open (or in a vehicle) within 100 feet of the de- b. Personal Effects And Property Of Others
You may extend the insurance that applies If a Coinsurance percentage of 80% or more to Your Business Personal Property to ap- or, a Value Reporting period symbol, is shown in the Declarations, you may extend the insur- ance provided by this Coverage Part as fol- officers, your partners or members, your a. Newly Acquired Property
(2) Personal property of others, in your
under this Extension is $2,500 at each de- scribed premises. Our payment for loss of or damage to personal property of others will only be for the account of the owner of (b) Business personal property, includ-
c. Valuable Papers And Records (Other
Than Electronic Data)
Property to apply to the cost to replace plicates do not exist. But this extension under this Extension is $100,000 at each is limited to the "specified causes of loss" as defined in that form, and Col- (b) Personal property of others that is
CP 00 18 04 02
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(4) Under this Extension, the most we will
(4) Riot or Civil Commotion; or
pay to replace or restore the lost infor- premises, unless a higher limit is shown more than $250 for any one tree, shrub or ditional insurance. We will also pay for plant. These limits apply to any one occur- rence, regardless of the types or number of items lost or damaged in that occurrence. cates exist), and (when there is a dupli- cate) for the cost of labor to transcribe f. Non-Owned Detached Trailers
material and labor are subject to the ap- d. Property Off-Premises
sonal property while it is away from the (b) In storage at a location you lease,
(c) At any fair, trade show or exhibition.
(b) In the care, custody or control of
under this Extension is $5,000, unless a trol at a fair, trade show or exhibition. higher limit is shown in the Declarations. (3) The most we will pay for loss or damage
e. Outdoor Property
You may extend the insurance that applies Each of these Extensions is additional insur- to Your Business Personal Property to ap- ance unless otherwise indicated. The Addi- ply to your outdoor fences, radio and televi- tional Condition, Coinsurance, does not apply sion antennas (including satellite dishes), signs (other than signs attached to build- ings), trees, shrubs and plants (other than B. Exclusions And Limitations
"stock" of trees, shrubs or plants), including See applicable Causes of Loss Form as shown in sulting from any of the following causes of loss if they are Covered Causes of Loss: Page 6 of 12
CP 00 18 04 02
C. Limits Of Insurance
The Deductible applies once per occurrence and The most we will pay for loss or damage in any therefore is not subtracted in determining the amount one occurrence is the applicable Limit of Insur- of loss payable for Bldg. 2. Loss payable for Bldg. 2 is The most we will pay for loss or damage to out- door signs attached to buildings is $1,000 per sign Example No. 2:
The limits applicable to the Fire Department Ser- (This example, too, assumes there is no coinsurance vice Charge and Pollutant Clean Up and Removal Additional Coverages are in addition to the Limits The Deductible and Limits of Insurance are the same Payments under the Preservation of Property Ad- ditional Coverage will not increase the applicable (exceeds Limit of Insurance plus Deductible) D. Deductible
In any one occurrence of loss or damage (herein- (exceeds Limit of Insurance plus Deductible) after referred to as loss), we will first reduce the amount of loss if required by the Coinsurance Condition or the Agreed Value Optional Coverage. If the adjusted amount of loss is less than or equal to the Deductible, we will not pay for that loss. If the adjusted amount of loss exceeds the Deducti- ble, we will then subtract the Deductible from the adjusted amount of loss, and will pay the resulting amount or the Limit of Insurance, whichever is E. Loss Conditions
The following conditions apply in addition to the When the occurrence involves loss to more than Common Policy Conditions and the Commercial one item of Covered Property and separate Limits of Insurance apply, the losses will not be com- Abandonment
bined in determining application of the Deductible. But the Deductible will be applied only once per There can be no abandonment of any property Example No. 1:
(This example assumes there is no coinsurance pen- If we and you disagree on the value of the property or the amount of loss, either may make written demand for an appraisal of the loss. In this event, each party will select a competent and impartial appraiser. The two appraisers will select an umpire. If they cannot agree, either may request that selection be made by a judge of a court having jurisdiction. The appraisers will state separately the value of the property and amount of loss. If they fail to agree, they will submit their differences to The amount of loss to Bldg. 1 ($60,100) is less than the umpire. A decision agreed to by any two the sum ($60,250) of the Limit of Insurance applicable The Deductible will be subtracted from the amount of loss in calculating the loss payable for Bldg. 1: Bear the other expenses of the appraisal If there is an appraisal, we will still retain our CP 00 18 04 02
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3. Condominium Association Insurance
The Condominium Association may have other while not in the presence of any other in- insurance covering the same property as this insurance. This insurance is intended to be ex- sonably required, about any matter relating cess, and not to contribute with that other in- to this insurance or the claim, including an insured's books and records. In the event of an examination, an insured's answers must 4. Duties In The Event Of Loss Or Damage
You must see that the following are done in 5. Loss Payment
In the event of loss or damage covered by this Coverage Form, at our option, we will Notify the police if a law may have been (2) Pay the cost of repairing or replacing the
lost or damaged property, subject to b.
Take all or any part of the property at an (4) Take all reasonable steps to protect the
with other property of like kind and qual- ity, subject to b. below.
erty, for consideration in the settlement We will determine the value of lost or dam- of the claim. This will not increase the aged property, or the cost of its repair or Limit of Insurance. However, we will not replacement, in accordance with the appli- cable terms of the Valuation Condition in resulting from a cause of loss that is not this Coverage Form or any applicable pro- The cost to repair, rebuild or replace does not include the increased cost attributable regulating the construction, use or repair of property. Include quantities, costs, val- We will give notice of our intentions within 30 days after we receive the sworn proof of permit us to inspect the property proving We will not pay you more than your finan- lost or damaged property if other than you. If we pay the owners, such payments will satisfy your claims against us for the own- ers' property. We will not pay the owners more than their financial interest in the Cov- containing the information we request to We may elect to defend you against suits within 60 days after our request. We will arising from claims of owners of property. Cooperate with us in the investigation or within 30 days after we receive the sworn proof of loss, if you have complied with all Page 8 of 12
CP 00 18 04 02
6. Recovered Property
If either you or we recover any property after other than those listed in b.(1)(a)
loss settlement, that party must give the other through b.(1)(f) above, we will reduce
prompt notice. At your option, the property will be returned to you. You must then return to us the amount we paid to you for the property. We Valuation
will pay recovery expenses to repair the recov- ered property, subject to the Limit of Insurance. We will determine the value of Covered Prop- erty in the event of loss or damage as follows: At actual cash value as of the time of loss a. Description Of Terms
or damage, except as provided in b., c. and
d. below.
"Stock" you have sold but not delivered at the meanings set forth in (1)(a) and
(1)(b) below:
Glass at the cost of replacement with safety F. Additional Condition
If a Coinsurance percentage is shown in the Dec- larations, the following condition applies in addi- tion to the Common Policy Conditions and the 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 (i) Rented to a lessee or sub-lessee
Instead, we will determine the most we will pay Multiply the value of Covered Property at Divide the Limit of Insurance of the property by the figure determined in Step (1);
Multiply the total amount of loss, before the b. Vacancy Provisions
application of any deductible, by the figure If the building where loss or damage occurs determined in Step (2); and
has been vacant for more than 60 consecu- 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 No. 1 (Underinsurance):
CP 00 18 04 02
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Example No. 3:
Step (1):
Step (2): $100,000
Step (3):
Step (4):
We will pay no more than $19,750. The remaining Example No. 2 (Adequate Insurance):
Step (1):
The minimum amount of insurance to meet your Coinsurance requirement is $200,000 ($250,000 x Step (2): $180,000
80%). Therefore, the Limit of Insurance in this Ex- Step (3):
ample is adequate and no penalty applies. We will Step (4):
pay no more than $39,750 ($40,000 amount of If one Limit of Insurance applies to two or more We will pay no more than $39,000. The remaining separate items, this condition will apply to the total of all property to which the limit applies. G. Optional Coverages
If shown as applicable in the Declarations, the fol- lowing Optional Coverages apply separately to 1. Agreed Value
which this Optional Coverage applies. We will pay no more for loss of or damage to that property than the proportion that the Limit of Insurance under this Coverage Part for the property bears to the Agreed Value If the expiration date for this Optional Cov- erage shown in the Declarations is not ex- tended, the Additional Condition, Coinsur- ance, is reinstated and this Optional Cover- Page 10 of 12
CP 00 18 04 02
c. The terms of this Optional Coverage apply
cash value basis instead of on a replace- ment cost basis. In the event you elect to have loss or damage settled on an actual claim for the additional coverage this Op- expiration date, whichever occurs first. tional Coverage provides if you notify us of 2. Inflation Guard
your intent to do so within 180 days after The Limit of Insurance for property to which this Optional Coverage applies will auto- We will not pay on a replacement cost basis matically increase by the annual percent- date, the policy anniversary date, or any e. We will not pay more for loss or damage on
a replacement cost basis than the least of (1), (2) or (3), subject to f. below:
The Limit of Insurance applicable to the as a decimal (example: 8% is .08), times of the current policy year or the effective amending the Limit of Insurance, divided Example:
If a building is rebuilt at a new premises, the cost described in e.(2) above is limited
to the cost which would have been incurred if the building had been rebuilt at the origi- The cost of repair or replacement does not 3. Replacement Cost
include the increased cost attributable to enforcement of any ordinance or law regu- depreciation) replaces Actual Cash Value in lating the construction, use or repair of any the Loss Condition, Valuation, of this Cov- 4. Extension Of Replacement Cost To
b. This Optional Coverage does not apply to:
Personal Property Of Others
If the Replacement Cost Optional Coverage is shown as applicable in the Declarations, then this Extension may also be shown as Works of art, antiques or rare articles, applicable. If the Declarations show this Ex- 3.b.(1) of the Replacement Cost Optional
Coverage is deleted and all other provisions "Stock", unless the Including "Stock" age apply to replacement cost on personal CP 00 18 04 02
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personal property of others, the following If an item(s) of personal property of others is subject to a written contract which gov- erns your liability for loss or damage to that item(s), then valuation of that item(s) will be based on the amount for which you are li- able under such contract, but not to exceed the lesser of the replacement cost of the property or the applicable Limit of Insur- H. Definitions

"Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materi- als to be recycled, reconditioned or reclaimed. "Stock" means merchandise held in storage or for sale, raw materials and in-process or fin- ished goods, including supplies used in their Page 12 of 12
CP 00 18 04 02


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