MAINE AGENCY QUESTIONNAIRES DOG QUESTIONNAIRE GOOD STUDENT QUESTIONNAIRE HIGH VALUE HOME QUESTIONNAIRE HOME BUSINESS UNDERWRITING QUESTIONNAIRE MEDICAL STATEMENT (AUTOMOBILE) NON-OWNER OCCUPIED PROPERTY QUESTIONNAIRE PELLET STOVE HEATING QUESTIONNAIRE PERSONAL UMBRELLA POLICY QUESTIONNAIRE SECONDARY/SEASONAL DWELLING QUESTIONNAIRE SPECIAL INTEREST VEHICLE EVALUATION STATEMENT OF NO LOSS STUDENT OVER 100 MILES FROM HOME QUESTIONNAIRE SUPPLEMENTAL HEATING QUESTIONNAIRE MAINE AGENCY "COMPANY SPECIFIC" FORMS POA1 WAIVER OF DEDUCTIBLE POHPLUS ENDORSEMENT POH4 ADDITIONAL COVERAGE ENDORSEMENT POH5 DELETION OF THEFT EXCLUSION – DWELLING UNDER CONSTRUCTION POH6 STRUCTURES EXCLUDE / LIMIT FROM SECTION I POH7 HOME BUSINESS POH10 SPECIFIED ADDITIONAL AMOUNT OF INSURANCE FOR COVERAGE A - DWELLING POH20 SECTION II LIMITATION FOR SECONDARY AND SEASONAL DWELLINGS POH24 MOTORIZED GROUND MAINTENANCE VEHICLES PO0455 IDENTITY FRAUD EXPENSE COVERAGE PONS NON-SMOKER CERTIFICATE PODP13 DOMESTIC PARTNER DF1609 WATER EXCLUSION ENDORSEMENT DF1610 WATER EXCLUSION ENDORSEMENT POUMB PERSONAL UMBRELLA LIABILITY ENDORSEMENT PO0001 SNOWMOBILE POLICY HO 01 18 SPECIAL PROVISIONS – MAINE MED02 SPECIAL PROVISIONS – MAINE POEE AUTO ENHANCEMENT ENDORSEMENT ELECTRONIC FUNDS (EFT) AUTHORIZATION AGREEMENT GROUP CREDIT – EMPLOYER AGREEMENT GROUP CREDIT – AFFILIATE CONTRACT ACCOUNT BILLING ENROLLMENT FORM ACCOUNT BILLING ENROLLMENT FAQ MAINE AGENCY “COMPANY SPECIFIC” APPLICATIONS SNOWMOBILE
Transcript
MAINE AGENCY QUESTIONNAIRES
DOG QUESTIONNAIRE GOOD STUDENT QUESTIONNAIRE HIGH VALUE HOME QUESTIONNAIRE HOME BUSINESS UNDERWRITING QUESTIONNAIRE MEDICAL STATEMENT (AUTOMOBILE) NON-OWNER OCCUPIED PROPERTY QUESTIONNAIRE PELLET STOVE HEATING QUESTIONNAIRE PERSONAL UMBRELLA POLICY QUESTIONNAIRE SECONDARY/SEASONAL DWELLING QUESTIONNAIRE SPECIAL INTEREST VEHICLE EVALUATION STATEMENT OF NO LOSS STUDENT OVER 100 MILES FROM HOME QUESTIONNAIRE SUPPLEMENTAL HEATING QUESTIONNAIRE
MAINE AGENCY "COMPANY SPECIFIC" FORMS
POA1 WAIVER OF DEDUCTIBLE POHPLUS ENDORSEMENT POH4 ADDITIONAL COVERAGE ENDORSEMENT POH5 DELETION OF THEFT EXCLUSION – DWELLING UNDER CONSTRUCTION POH6 STRUCTURES EXCLUDE / LIMIT FROM SECTION I POH7 HOME BUSINESS POH10 SPECIFIED ADDITIONAL AMOUNT OF INSURANCE FOR COVERAGE A -
DWELLING POH20 SECTION II LIMITATION FOR SECONDARY AND SEASONAL DWELLINGS POH24 MOTORIZED GROUND MAINTENANCE VEHICLES PO0455 IDENTITY FRAUD EXPENSE COVERAGE PONS NON-SMOKER CERTIFICATE PODP13 DOMESTIC PARTNER DF1609 WATER EXCLUSION ENDORSEMENT DF1610 WATER EXCLUSION ENDORSEMENT POUMB PERSONAL UMBRELLA LIABILITY ENDORSEMENT PO0001 SNOWMOBILE POLICY HO 01 18 SPECIAL PROVISIONS – MAINE MED02 SPECIAL PROVISIONS – MAINE POEE AUTO ENHANCEMENT ENDORSEMENT ELECTRONIC FUNDS (EFT) AUTHORIZATION AGREEMENT GROUP CREDIT – EMPLOYER AGREEMENT GROUP CREDIT – AFFILIATE CONTRACT ACCOUNT BILLING ENROLLMENT FORM ACCOUNT BILLING ENROLLMENT FAQ
The deductible amount shown on the Declarations page for Collision does not apply for the described automobile(s), under the following circumstances:
1. That automobile was legally parked when struck by another automobile whose owner or
operator has been identified.
2. That automobile was struck in the rear by another automobile moving in the same direction whose owner or operator has been identified.
3. The operator of the other automobile was convicted of any of the following violations:
a. Operating under the influence of alcohol, marijuana, or a narcotic drug.
b. Driving the wrong way on a one-way street.
c. Operating at an excessive rate of speed.
d. Any similar violation of any similar law of another state in which the accident occurs.
4. Both automobiles insured in the Patrons Oxford Insurance Company.
However, the deductible will apply if the operator of the automobile covered under this Part was also convicted of a moving violation.
PO A1 01 99 PATRONS OXFORD INSURANCE COMPANY MAINE
HOMEOWNERS PO H10214
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ALL OTHER PROVISIONS OF THIS POLICY APPLY.
STANDARD PLUS ENDORSEMENT
For an additional premium, the following coverages apply:
SECTION 1
PERSONAL PROPERTY REPLACEMENT COST
Covered losses to the following property are settled at replacement cost at the time of loss:
a. Coverage C - Personal Property; b. If covered in this policy, awnings, carpeting,
household appliances, outdoor antennas and outdoor equipment, whether or not attached to buildings.
Personal Property Replacement Cost coverage will also apply to the following articles or classes of property if they are separately described and specifically insured in this policy:
a. Jewelry; b. Furs and garments trimmed with fur or
consisting principally of fur; c. Cameras, projection machines, films and
related articles of equipment; d. Musical equipment and related articles of
equipment; e. Silverware, silver-plated ware, goldware,
gold-plated ware and pewterware, but excluding pens, pencils, flasks, smoking implements or jewelry; and
f. Golfer's equipment meaning golf clubs, golf clothing and golf equipment.
Personal Property Replacement Cost coverage will not apply to other classes of property separately described and specifically insured.
1. PROPERTY NOT ELIGIBLE Property listed below is not eligible for replacement cost settlement. Any loss will be settled at actual cash value at the time of loss but not more than the amount required to repair or replace.
a. Antiques, fine arts, paintings and similar articles of rarity or antiquity which cannot be replaced.
b. Memorabilia, souvenirs, collectors items and similar articles whose age or history contribute to their value.
c. Articles not maintained in good or workable condition.
d. Articles that are outdated or obsolete and are stored or not being used.
2. REPLACEMENT COST The following loss settlement procedure applies to all property insured under this endorsement:
a. We will pay no more than the least of the following amounts: (1) Replacement cost at the time of loss
without deduction for depreciation; (2) The full cost of repair at the time of loss; (3) The limit of liability that applies to
Coverage C, if applicable;
(4) Any applicable special limits of liability stated in this policy; or
(5) For loss to any item separately described and specifically insured in this policy, the limit of liability that applies to the item.
b. When the replacement cost for the entire loss
under this endorsement is more than $500, we will pay no more than the actual cash value for the loss or damage until the actual repair or replacement is complete.
c. You may make a claim for loss on an actual cash value basis and then make claim within 180 days after the loss for any additional liability in accordance with this endorsement.
SPECIAL PERSONAL PROPERTY COVERAGE
The Perils Insured Against under Coverages A, Band C are deleted and replaced by the following:
SECTION 1 - PERILS INSURED AGAINST We insure against risks of direct loss to property described in Coverages A, Band C, only if that loss is a physical loss to property. We do not insure, however, for loss:
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1990
Patrons Oxford Insurance Company PO H10214 Page 1 of 6
HOMEOWNERS PO H10214
1. Under Coverages A, Band C:
a. Excluded under Section I - Exclusions; b. Caused by:
(1) Freezing of a plumbing, heating, air conditioning or automatic fire protective sprinkler system or of a household appliance, or by discharge, leakage or overflow from within the system or appliance caused by freezing. This exclusion applies only while the dwelling is vacant, unoccupied or being constructed, unless you have used reasonable care to:
(a) Maintain heat in the building; or (b) Shut off the water supply and drain
the system and appliances of water;
(2) Freezing, thawing, pressure or weight of water or ice, whether driven by wind or not, to a: (a) Fence, pavement, patio or swimming
pool; (b) Foundation, retaining wall, or
bulkhead; or (c) Pier, wharf or dock;
(3) Theft in or to a dwelling under construction, or of materials and supplies for use in the construction until the dwelling is finished and occupied;
(c) Smog, rust or other corrosion, mold, wet or dry rot;
(d) Smoke from agricultural smudging or industrial operations;
(e) Discharge, dispersal, seepage, migration, release or escape of pollutants unless the discharge, dispersal, seepage, migration, release or escape is itself caused by one or more of the Perils Insured against that would apply under Coverage C of the policy form if this endorsement were not attached to the policy form.
Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed;
(f) Settling, shrinking, bulging or expansion, including resultant cracking of pavements, patios, foundations, walls, floors, roofs or ceilings;
(g) Birds, vermin, rodents, or insects; or (h) Animals owned or kept by an
"insured".
If any of these cause water damage not otherwise excluded, from a plumbing, heating, air conditioning or automatic fire protective sprinkler system or household appliance, we cover loss caused by the water including the cost of tearing out and replacing any part of a building necessary to repair the system or appliance. We do not cover loss to the system or appliance from which this water escaped. Under items (1) through (4), any ensuing loss to property described in Coverages A, B and C not excluded or excepted in this policy is covered.
2. Under Coverages A and B: a. Caused by vandalism and malicious
mischief if the dwelling has been vacant for more than 30 consecutive days immediately before the loss. A dwelling being constructed is not considered vacant.
b. Involving collapse, other than as provided in Additional Coverages - 8. Collapse. However, any ensuing loss to property described in Coverages A and B not excluded or excepted in this policy is covered.
3. Under Coverage C caused by: a. Breakage of:
(1) Eyeglasses, glassware, statuary, marble;
(2) Bric-a-brac, porcelains and similar fragile articles other than jewelry, watches, bronzes, cameras and photographic lenses.
There is coverage for breakage of the property by or resulting from:
(1) Fire, lightning, windstorm, hail; (2) Smoke, other than smoke from
agricultural smudging or industrial operations;
(3) Explosion, riot, civil commotion; (4) Aircraft, vehicles, vandalism and
malicious mischief, earthquake or volcanic eruption;
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1990
PO H10214 Patrons Oxford Insurance Company Page 2 of 6
HOMEOWNERS PO H10214
(5) Collapse of a building or any part of a
building; (6) Water not otherwise excluded; (7) Theft or attempted theft; or (8) Sudden and accidental tearing apart,
cracking, burning or bulging of:
(a) A steam or hot water heating system;
(b) An air conditioning or automatic fire protective sprinkler system; or
(c) An appliance for heating water;
b. Dampness of atmosphere or extremes of temperature unless the direct cause of loss is rain, snow, sleet or hail;
c. Refinishing, renovating or repairing property other than watches, jewelry and furs;
d. Collision, other than collision with a land vehicle, sinking, swamping or stranding of watercraft, including their trailers, furnishings, equipment and outboard engines or motors;
e. Destruction, confiscation or seizure by order of any government or public authority ; or
f. Acts or decisions, including the failure to act or decide, of any person, group, organization or governmental body. However, any ensuing loss to property described in Coverage C not excluded or excepted in this policy is covered.
SECTION I - EXCLUSIONS
1.c. Water Damage. The following paragraphs are added:
(5) Water damage to property described in Coverage C away from a premises or location owned, rented, occupied or controlled by an "insured" is covered. (6) Water damage to property described in Coverage C on a premises or location owned, rented, occupied or controlled by an "insured" is excluded even if weather conditions contribute in any way to produce the loss.
COVERAGE C - PERSONAL PROPERTY
The Special Limits of Liability items 5., 6., and 7. are deleted and replaced by the following:
5. $2,500 for loss by theft of jewelry, watches, furs, precious and semi-precious stones.
6. $2,500 for loss by theft of firearms. 7. $4,000 for loss by theft of silverware, silver-
plated ware, goldware, gold-plated ware and pewterware. This includes flatware, hollow- ware, tea sets, trays and trophies made of or including silver, gold or pewter.
BUILDING LAW AND ORDINANCE COVERAGE
Loss for damage by a Peril Insured Against to covered property or the building containing the covered property will be settled on the basis of any ordinance or law that regulates the construction, repair or demolition of this property. The most we will pay due to this endorsement is 5% of Coverage A.
SINKHOLE COLLAPSE COVERAGE
We insure for direct physical loss to property covered under Section I caused by Sinkhole Collapse. Sinkhole Collapse means actual physical damage arising out of, or caused by, sudden settlement or collapse of the earth supporting such property and only when such settlement or collapse results from subterranean voids created by the action of water on limestone or similar rock formations. The Section I - Earth Movement exclusion does not apply to Sinkhole Collapse.
WATER BACKUP AND SUMP DISCHARGE OR OVERFLOW
A. Coverage
We insure, up to $10,000, for direct physical loss, not caused by the negligence of an "insured", to property covered under Section I caused by water, or waterborne material, which: 1. Backs up through sewers or drains; or 2. Overflows or is discharged from a:
a. Sump, sump pump; or b. Related equipment; even if such overflow or discharge results from mechanical breakdown. This coverage does not apply to direct physical loss of the sump pump, or related equipment, which is caused by mechanical breakdown.
This coverage does not increase the limits of liability for Coverages A, B, C or D stated in the Declarations.
B. Section I - Perils Insured Against With respect to the coverage described in A. above, Paragraphs:
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1990
Patrons Oxford Insurance Company PO H10214 Page 3 of 6
HOMEOWNERS PO H10214
2.e.(2) in Form HO 00 03; 1.b.(4)(b) in PO H1 05 09 Special Personal Property Coverage; 3.d.(2) in Endorsement HO 17 31; and 2.e.(2) in Endorsement HO 17 32; are replaced by the following: Latent defect, inherent vice or any quality in property that causes it to damage or destroy itself;
C. Special Deductible The following replaces any other deductible provision in this policy with respect to loss covered under this endorsement. We will pay only that part of the total of all loss payable under Section I that exceeds $250. No other deductible applies to this coverage. This deductible does not apply with respect to Coverage D - Loss of Use.
D. Exclusion The Water Damage Exclusion is replaced by the following: Water This means:
LOCK REPLACEMENT COVERAGE
We will pay up to $500 for locks or cylinders which are replaced as a direct result of stolen keys. We and the police must be promptly notified of the theft. The locks must be replaced within 72 hours after the keys are stolen. Keys are those to buildings and structures at the "residence premises". Keys given to a custodian are not considered stolen. We will pay the amount spent to repair or replace the locks or cylinders with ones of like kind and quality. This is additional coverage. No deductible applies to this coverage.
POLICE DEPARTMENT SERVICE CHARGE COVERAGE
If "you" are required to pay for a police department service call due to accidental activation of a burglary alarm system, we will pay such charges. The limit for this coverage is $50 per occurrence, subject to a maximum of$150 during the policy term. This is additional coverage. No deductible applies to this coverage.
1. Flood, surface water, waves, including tidal wave and tsunami, tides, tidal water, overflow of any body of water, or spray from any of these, all whether or not driven by wind, including storm surge;
2. Water which: a. Backs up through sewers or drains; or b. Overflows or is otherwise discharged from
a sump, sump pump or related equipment; as a direct or indirect result of flood;
3. Water below the surface of the ground, including water which exerts pressure on, or seeps, leaks or flows through a building, sidewalk, driveway, patio, foundation, swimming pool or other structure; or
4. Waterborne material carried or otherwise moved by any of the water referred to in D.1. through D.3. of this Exclusion .
This Exclusion applies regardless of whether any of the above, in D.1. through D.4., is caused by an act of nature or is otherwise caused. This Exclusion applies to, but is not limited to, escape, overflow or discharge, for any reason, of water or waterborne material from a dam, levee, seawall or any other boundary or containment system.
However, direct loss by fire, explosion or theft resulting from any of the above, in D.1. through D.4., is covered. All other provisions of this policy apply.
ADDITIONAL COVERAGES
The following changes are made to the policy:
Additional Coverage 1. The limit of liability for tree debris removal coverage is increased from $500 to $1,000. Additional Coverage 6. The Credit Card, Funds Transfer Card, Forgery and Counterfeit Money coverage limit of liability is increased from $500 to $2,500. Additional Coverage 7. The Loss Assessment coverage limit of liability is increased from $1,000 to $2,000.
The following are added: Additional Coverage 11. Care Provider Personal Property. We will provide Coverage C - Personal Property coverage with an additional limit of $10,000 for live-in adult or child care providers, and live-in custodial care providers while at any"insured location".
Additional Coverage 12. Personal Property While At A Nursing Home. Under Coverage C - Personal Property, while an "insured" is residing at a nursing home, the limit of liability for personal property located at that nursing home is increased to 10% of the limit of liability for Coverage C, or $5,000, whichever is greater.
PO H10214
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1990
Patrons Oxford Insurance Company Page 4 of 6
HOMEOWNERS PO H10214
IDENTITY FRAUD EXPENSE COVERAGE
DEFINITIONS With respect to the provisions of this endorsement only, the following definitions are added:
1. "Identity fraud" means the act of knowingly transferring or using, without lawful authority, a means of identification of an "insured" with the intent to commit, or to aid or abet another to commit, any unlawful activity that constitutes a violation of federal law or a crime under any applicable state or local law.
2. "Expenses" means: a. Costs for notarizing affidavits or
similar documents attesting to fraud required by financial institutions or similar credit grantors or credit agencies.
b. Costs for certified mail to law enforcement agencies, credit agencies, financial institutions or similar credit grantors.
c. Lost income resulting from time taken off work to complete fraud affidavits, meet with or talk to law enforcement agencies, credit agencies and/or legal counsel, up to a maximum payment of $200 per day. Total payment for lost income is not to exceed $5,000.
d. Loan application fees for re- applying for a loan or loans when the original application is rejected solely because the lender received incorrect credit information.
e. Reasonable attorney fees incurred as a result of "identity fraud" to:
(1) Defend lawsuits brought against an "insured" by merchants, financial institutions or their collection agencies;
(2) Remove any criminal or civil judgments wrongly entered against an "insured"; and
(3) Challenge the accuracy or completeness of any information in a consumer credit report.
f. Charges incurred for long distance telephone calls to merchants, law enforcement agencies, financial institutions or similar credit grantors, or credit agencies to report or discuss an actual "identity fraud".
The following Additional Coverage is added under Section I:
IDENTITY FRAUD EXPENSE
We will pay up to $15,000 for "expenses" incurred by an "insured" as the direct result of any one "identity fraud" first discovered or learned of during the policy period.
Any act or series of acts committed by one or more persons, or in which such person or persons are aiding or abetting others against an "insured", is con- sidered to be one "identity fraud", even if a series of acts continues into a subsequent policy period. This coverage is additional insurance .
EXCLUSIONS The following additional exclusions apply to this coverage:
We do not cover:
1. Loss arising out of or in connection with a "business".
2. "Expenses" incurred due to any fraudulent, dishonest or criminal act by an "insured" or any person aiding or abetting an "insured", or by any authorized representative of an "insured", whether acting alone or in collusion with others.
3. Loss other than "expenses".
SPECIAL DEDUCTIBLE We will pay only that part of the loss that exceeds $250. No other deductible applies to "identity fraud" expense coverage.
SECTION I - CONDITION
2. Duties After Loss The following is added:
g. Send to us, within 60 days after our request, receipts, bills or other records that support your claim for "expenses" under "identity fraud" cov- erage.
SECTION II
INCIDENTAL MOTORIZED LAND CONVEYANCES
Coverage E - Personal Liability and Coverage F - Medical Payments To Others Apply To "bodily injury" or "property damage" arisi ng out of:
1. The ownership, maintenance, use, loading and unloading of a motorized land conveyance;
PO H10214
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1990
Patrons Oxford Insurance Company Page 5 of6
HOMEOWNERS PO H10214
2. The entrustment by an "insured" of a motorized land conveyance to any person; or
3. Vicarious liability, whether or not statutorily imposed, for the actions of a child or minor using a motorized land conveyance.
However, coverage provided by this endorsement does not apply to a motorized bicycle, moped or motorized golf cart and does not apply to any other motorized land conveyance:
a. With a maximum attainable speed of more than 15 miles per hour;
b. Subject to motor vehicle registration; c. While used to carry persons for a
charge; d. While used for "business" purposes; e. While rented to others; or f. While being operated in any
prearranged or organized race, speed contest or other competition.
Section 11 exclusion 1.f. does not apply to conveyances covered by this endorsement. With respect to conveyances covered by this endorsement, the definition of "insured" includes any person or organization legally responsible for the covered conveyance owned by an "insured", but does not include a person or organization using or having custody or possession of the conveyance without the permission of the owner.
PERSONAL INJURY PROTECTION
Under Coverage E, the definition of "bodily injury" is amended to include "personal injury". "Personal Injury" means injury arising out of one or more of the following offenses :
1. False arrest, detention or imprisonment, or malicious prosecution;
2. Libel, slander or defamation of character; or
3. Invasion of privacy, wrongful eviction or wrongful entry.
Section II Exclusions do not apply to "personal injury"". "Personal Injury" insurance does not apply to:
1. Liability assumed by the "insured" under any contract or agreement except any indemnity obligation assumed by the "insured" under a written contract directly relating to the ownership, maintenance or use of the premises;
2. Injury caused by a violation of a penal law or ordinance committed by or with the knowledge or consent of the "insured";
3. Injury sustained by any person as a result of an offense directly or indirectly related to the employment of this person by the "insured";
4. Injury arising out of the business pursuits of any "insured"; or
5. Civic or public activities performed for pay by any "insured".
CHANGES MADE TO SECTION II
1. Limits of Liability: Coverage E - Personal
Liability limit of liability is increased by $300,000 over those shown on the policy declarations page for this coverage. Coverage F - Medical Payments To Others limit of liability is increased by $2,000 over those shown on the policy declarations page for this coverage.
2. Exclusion 1.b. does not apply to an
"insured" under the age of 21 years involved in a part-time or occasional, self- employed "business" with no employees.
3. Additional Coverages: 1.c . Claim Expenses is increased from $50 to $75 per day.
4. A live-in adult or child care provider, and live-in custodial care provider, while acting in that capacity for an "insured", shall be considered an "insured" under Coverage E - Personal Liability.
5. Coverage E - Personal Liability coverage shall apply while an "insured" is residing in a nursing home.
6. Under Exclusion 1.f., the motorized golf cart exception to the exclusion (3) is deleted and replaced with the following: (3) A motorized Golf Cart while being driven to or from a golf course by an "insured" off public roads; however, liability is also extended to provide coverage while crossing the highway at a designated golf crossing while playing golf on a course which is on both sides of the road.
ALL OTHER PROVISIONS OF THIS POLICY APPLY
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1990
Patrons Oxford Insurance Company PO H10214 Page 6 of 6
HOMEOWNERS PO H2 02 14
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ALL OTHER PROVISIONS OF THIS POLICY APPLY.
PREFERRED PLUS ENDORSEMENT
For an additional premium, the following coverages apply:
SECTION 1
PERSONAL PROPERTY REPLACEMENT COST
Covered losses to the following property are settled at replacement cost at the time of loss:
a. Coverage C - Personal Property; b. If covered in this policy, awnings, carpeting,
household appliances, outdoor antennas and outdoor equipment, whether or not attached to buildings.
Personal Property Replacement Cost coverage will also apply to the following articles or classes of property if they are separately described and specifically insured in this policy:
a. Jewelry; b. Furs and garments trimmed with fur or
consisting principally of fur; c. Cameras, projection machines, films and
related articles of equipment; d. Musical equipment and related articles of
equipment; e. Silverware, silver-plated ware, goldware,
gold-plated ware and pewterware, but excluding pens, pencils, flasks, smoking implements or jewelry; and
f. Golfer's equipment meaning golf clubs, golf clothing and golf equipment.
Personal Property Replacement Cost coverage will not apply to other classes of property separately described and specifically insured.
1. PROPERTY NOT ELIGIBLE Property listed below is not eligible for replacement cost settlement. Any loss will be settled at actual cash value at the time of loss but not more than the amount required to repair or replace.
a. Antiques, fine arts, paintings and similar articles of rarity or antiquity which cannot be replaced.
b. Memorabilia, souvenirs, collectors items and similar articles whose age or history contribute to their value.
c. Articles not maintained in good or workable condition.
d. Articles that are outdated or obsolete and are stored or not being used.
2. REPLACEMENT COST The following loss settlement procedure applies to all property insured under this endorsement:
a. We will pay no more than the least of the following amounts: (1) Replacement cost at the time of loss
without deduction for depreciation; (2) The full cost of repair at the time of loss; (3) The limit of liability that applies to
Coverage C, if applicable; (4) Any applicable special limits of liability
stated in this policy; or (5) For loss to any item separately described
and specifically insured in this policy, the limit of liability that applies to the item.
b. When the replacement cost for the entire loss
under this endorsement is more than $500, we will pay no more than the actual cash value for the loss or damage until the actual repair or replacement is complete.
c. You may make a claim for loss on an actual cash value basis and then make claim within 180 days after the loss for any additional liability in accordance with this endorsement.
SPECIAL PERSONAL PROPERTY COVERAGE
The Perils Insured Against under Coverages A, Band C are deleted and replaced by the following:
SECTION 1 - PERILS INSURED AGAINST We insure against risks of direct loss to property described in Coverages A, Band C, only if that loss is a physical loss to property. We do not insure, however, for loss: 1. Under Coverages A, Band C:
a. Excluded under Section I - Exclusions; b. Caused by:
(1) Freezing of a plumbing, heating, air conditioning or automatic fire protective sprinkler system or of a household
PO H2 02 14
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1990
Patrons Oxford Insurance Company Page 1 of 6
HOMEOWNERS PO H2 02 14
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1990
Patrons Oxford Insurance Company PO H2 02 14 Page 2 of 6
appliance, or by discharge, leakage or overflow from within the system or appliance caused by freezing. This exclusion applies only while the dwelling is vacant, unoccupied or being constructed, unless you have used reasonable care to: (a) Maintain heat in the building; or (b) Shut off the water supply and drain
the system and appliances of water; (2) Freezing, thawing, pressure or weight of
water or ice, whether driven by wind or not, to a: (a) Fence, pavement, patio or swimming
pool;
(b) Foundation, retaining wall, or bulkhead; or
(c) Pier, wharf or dock; (3) Theft in or to a dwelling under
construction, or of materials and supplies for use in the construction until the dwelling is finished and occupied;
(d) Smoke from agricultural smudging or industrial operations;
(e) Discharge, dispersal, seepage, migration, release or escape of pollutants unless the discharge, dispersal, seepage, migration, release or escape is itself caused by one or more of the Perils Insured against that would apply under Coverage C of the policy form if this endorsement were not attached to the policy form. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed;
(f) Settling, shrinking, bulging or expansion, including resultant cracking of pavements , patios, foundations, walls, floors, roofs or ceilings;
(g) Birds, vermin, rodents, or insects; or (h) Animals owned or kept by an
"insured".
If any of these cause water damage not otherwise excluded, from a plumbing, heating, air conditioning or automatic fire protective sprinkler system or household appliance, we cover loss caused by the water including the cost of tearing out and replacing any part of a building necessary to repair the system or appliance.
We do not cover loss to the system or appliance from which this water escaped. Under items (1) through (4), any ensuing loss to property described in Coverages A, B and C not excluded or excepted in this policy is covered.
2. Under Coverages A and B: a. Caused by vandalism and malicious
mischief if the dwelling has been vacant for more than 30 consecutive days immediately before the loss. A dwelling being constructed is not considered vacant.
b. Involving collapse, other than as provided in Additional Coverages - 8. Collapse. However, any ensuing loss to property described in Coverages A and B not excluded or excepted in this policy is covered.
3. Under Coverage C caused by: a. Breakage of:
(1) Eyeglasses, glassware, statuary, marble;
(2) Bric-a-brac, porcelains and similar fragile articles other than jewelry, watches, bronzes, cameras and photographic lenses.
There is coverage for breakage of the property by or resulting from:
(1) Fire, lightning, windstorm, hail; (2) Smoke, other than smoke from
agricultural smudging or industrial operations;
(3) Explosion, riot, civil commotion; (4) Aircraft, vehicles, vandalism and
malicious mischief, earthquake or volcanic eruption;
(5) Collapse of a building or any part of a building;
(6) Water not otherwise excluded ; (7) Theft or attempted theft; or (8) Sudden and accidental tearing apart,
cracking, burning or bulging of:
HOMEOWNERS PO H2 02 14
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1990
Patrons Oxford Insurance Company PO H2 02 14 Page 3 of 6
(a) A steam or hot water heating system;
(b) An air conditioning or automatic fire protective sprinkler system; or
(c) An appliance for heating water;
b. Dampness of atmosphere or extremes of temperature unless the direct cause of loss is rain, snow, sleet or hail;
c. Refinishing, renovating or repairing property other than watches, jewelry and furs;
d. Collision, other than collision with a land vehicle, sinking, swamping or stranding of watercraft, including their trailers, furnishings, equipment and outboard engines or motors;
e. Destruction, confiscation or seizure by order of any government or public authority; or
f. Acts or decisions, including the failure to act or decide, of any person, group, organization or governmental body. However, any ensuing loss to property described in Coverage C not excluded or excepted in this policy is covered.
SECTION I - EXCLUSIONS 1.c. Water Damage. The following paragraphs are added:
BUILDING LAW AND ORDINANCE COVERAGE
Loss for damage by a Peril Insured Against to covered property or the building containing the covered property will be settled on the basis of any ordinance or law that regulates the construction, repair or demolition of this property. The most we will pay due to this endorsement is 5% of Coverage A.
SINKHOLE COLLAPSE COVERAGE
We insure for direct physical loss to property covered under Section I caused by Sinkhole Collapse. Sinkhole Collapse means actual physical damage arising out of, or caused by, sudden settlement or collapse of the earth supporting such property and only when such settlement or collapse results from subterranean voids created by the action of water on limestone or similar rock formations. The Section I - Earth Movement exclusion does not apply to Sinkhole Collapse.
WATER BACKUP AND SUMP DISCHARGE OR OVERFLOW
A. Coverage
We insure, up to $10,000, for direct physical loss, not caused by the negligence of an "insured", to property covered under Section I caused by water,
(5)
(6)
Water damage to property described in Coverage C away from a premises or location owned, rented, occupied or controlled by an "insured" is covered. Water damage to property described in Coverage C on a premises or location owned, rented, occupied or controlled by an "insured" is excluded even if weather conditions contribute in any way to produce the loss.
or waterborne material, which: 1. Backs up through sewers or drains; or 2. Overflows or is discharged from a:
a. Sump, sump pump; or b. Related equipment; even if such overflow or discharge results from mechanical breakdown. This coverage does not apply to direct physical loss of the sump pump, or related equipment, which is caused by mechanical breakdown.
This coverage does not increase the limits of COVERAGE C - PERSONALPROPERTY
The Special Limits of Liability items 5., 6., and 7. are deleted and replaced by the following:
5. $2,500 for loss by theft of jewelry, watches, furs, precious and semi-precious stones.
6. $2,500 for loss by theft of firearms. 7. $4,000 for loss by theft of silverware, silver-
plated ware, goldware, gold-plated ware and pewterware. This includes flatware, hollow- ware, tea sets, trays and trophies made of or including silver, gold or pewter.
liability for Coverages A, B, C or D stated in the Declarations.
B. Section I - Perils Insured Against With respect to the coverage described in A. above, Paragraphs: 2.e.(2) in Form HO 00 03; 1.b.(4)(b) in PO H2 05 09 Special Personal Property Coverage; 3.d.(2) in Endorsement HO 17 31; and 2.e.(2) in Endorsement HO 17 32; are replaced by the following:
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1990
Patrons Oxford Insurance Company Page 4 of 6 PO H2 02 14
Latent defect, inherent vice or any quality in property that causes it to damage or destroy itself;
C. Special Deductible The following replaces any other deductible provision in this policy with respect to loss covered under this endorsement. We will pay only that part of the total of all loss payable under Section I that exceeds $250. No other deductible applies to this coverage. This deductible does not apply with respect to Coverage D - Loss of Use.
D. Exclusion The Water Damage Exclusion is replaced by the following: Water This means:
HOMEOWNERS PO H2 02 14
at the "residence premises". Keys given to a custodian are not considered stolen. We will pay the amount spent to repair or replace the locks or cylinders with ones of like kind and quality. This is additional coverage. No deductible applies to this coverage.
POLICE DEPARTMENT SERVICE CHARGE COVERAGE
If "you" are required to pay for a police department service call due to accidental activation of a burglary alarm system, we will pay such charges. The limit for this coverage is $50 per occurrence, subject to a maximum of$150 during the policy term. This is additional coverage. No deductible applies to this coverage.
1. Flood, surface water, waves, including tidal wave and tsunami, tides, tidal water, overflow of any body of water, or spray from any of these, all whether or not driven by wind, including storm surge;
2. Water which: a. Backs up through sewers or drains; or b. Overflows or is otherwise discharged from
a sump, sump pump or related equipment; as a direct or indirect result of flood;
3. Water below the surface of the ground, including water which exerts pressure on, or seeps, leaks or flows through a building, sidewalk, driveway, patio, foundation, swimming pool or other structure; or
4. Waterborne material carried or otherwise moved by any of the water referred to in D.1. through D.3. of this Exclusion .
This Exclusion applies regardless of whether any of the above, in D.1. through D.4., is caused by an act of nature or is otherwise caused. This Exclusion applies to, but is not limited to, escape, overflow or discharge, for any reason, of water or waterborne material from a dam, levee, seawall or any other boundary or containment system.
However, direct loss by fire, explosion or theft resulting from any of the above, in D.1. through D.4., is covered. All other provisions of this policy apply.
LOCK REPLACEMENT COVERAGE
ADDITIONAL COVERAGES
The following changes are made to the policy:
Additional Coverage 1. The limit of liability for tree debris removal coverage is increased from $500 to $1,000. Additional Coverage 6. The Credit Card, Funds Transfer Card, Forgery and Counterfeit Money coverage limit of liability is increased from $500 to $2,500. Additional Coverage 7. The Loss Assessment coverage limit of liability is increased from $1,000 to $2,000.
The following are added: Additional Coverage 11. Care Provider Personal Property. We will provide Coverage C - Personal Property coverage with an additional limit of $10,000 for live-in adult or child care providers, and live-in custodial care providers while at any"insured location".
Additional Coverage 12. Personal Property While At A Nursing Home. Under Coverage C - Personal Property, while an "insured" is residing at a nursing home, the limit of liability for personal property located at that nursing home is increased to 10% of the limit of liability for Coverage C, or $5,000, whichever is greater.
IDENTITY FRAUD EXPENSE COVERAGE
We will pay up to $500 for locks or cylinders which are replaced as a direct result of stolen keys. We and the police must be promptly notified of the theft. The locks must be replaced within 72 hours after the keys are stolen. Keys are those to buildings and structures
DEFINITIONS With respect to the provisions of this endorsement only, the following definitions are added:
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1990
Patrons Oxford Insurance Company Page 5 of 6 PO H2 02 14
HOMEOWNERS PO H2 02 14
1. "Identity fraud" means the act of knowingly transferring or using, without lawful authority, a means of identification of an "insured" with the intent to commit, or to aid or abet another to commit, any unlawful activity that constitutes a violation of federal law or a crime under any applicable state or local law.
2. "Expenses" means: a. Costs for notarizing affidavits or
similar documents attesting to fraud required by financial institutions or similar credit grantors or credit agencies.
b. Costs for certified mail to law enforcement agencies , credit agencies, financial institutions or similar credit grantors.
c. Lost income resulting from time taken off work to complete fraud affidavits, meet with or talk to law enforcement agencies , credit agencies and/or legal counsel, up to a maximum payment of $200 per day. Total payment for lost income is not to exceed $5,000.
d. Loan application fees for re- applying for a loan or loans when the original application is rejected solely because the lender received incorrect credit information.
e. Reasonable attorney fees incurred as a result of "identity fraud" to:
(1) Defend lawsuits brought against an "insured" by merchants, financial institutions or their collection agencies;
(2) Remove any criminal or civil judgments wrongly entered against an "insured"; and
(3) Challenge the accuracy or completeness of any information in a
IDENTITY FRAUD EXPENSE
We will pay up to $15,000 for "expenses" incurred by an "insured" as the direct result of any one "identity fraud" first discovered or learned of during the policy period.
Any act or series of acts committed by one or more persons, or in which such person or persons are aiding or abetting others against an "insured", is con- sidered to be one "identity fraud", even if a series of acts continues into a subsequent policy period. This coverage is additional insurance .
EXCLUSIONS The following additional exclusions apply to this coverage:
We do not cover:
1. Loss arising out of or in connection with a "business".
2. "Expenses" incurred due to any fraudulent, dishonest or criminal act by an "insured" or any person aiding or abetting an "insured", or by any authorized representative of an "insured", whether acting alone or in collusion with others.
3. Loss other than "expenses".
SPECIAL DEDUCTIBLE We will pay only that part of the loss that exceeds $250. No other deductible applies to "identity fraud" expense coverage.
SECTION I - CONDITION
2. Duties After Loss The following is added: g. Send to us, within 60 days after our
request, receipts, bills or other records that support your claim for "expenses" under "identity fraud" cov- erage.
SECTION II consumer credit report.
f. Charges incurred for long distance telephone calls to merchants, law enforcement agencies, financial institutions or similar credit grantors, or credit agencies to report or discuss an actual "identity fraud".
The following Additional Coverage is added under Section I:
INCIDENTAL MOTORIZED LAND CONVEYANCES
Coverage E - Personal Liability and Coverage F - Medical Payments To Others Apply To "bodily injury" or "property damage" arising out of:
1. The ownership, maintenance, use, loading and unloading of a motorized land conveyance;
2. The entrustment by an "insured" of a motorized land conveyance to any person; or
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1990
Patrons Oxford Insurance Company Page 6 of 6 PO H2 02 14
HOMEOWNERS PO H2 02 14
3. Vicarious liability, whether or not statutorily imposed , for the actions of a child or minor using a motorized land conveyance.
However, coverage provided by this endorsement does not apply to a motorized bicycle, moped or motorized golf cart and does not apply to any other motorized land conveyance:
a. With a maximum attainable speed of more than 15 miles per hour;
b. Subject to motor vehicle registration; c. While used to carry persons for a
charge; d. While used for "business" purposes; e. While rented to others; or f. While being operated in any
prearranged or organized race, speed contest or other competition.
Section 11 exclusion 1.f. does not apply to conveyances covered by this endorsement. With respect to conveyances covered by this endorsement, the definition of "insured" includes any person or organization legally responsible for the covered conveyance owned by an "insured", but does not include a person or organization using or having custody or possession of the conveyance without the permission of the owner.
PERSONAL INJURY PROTECTION
Under Coverage E, the definition of "bodily injury" is amended to include "personal injury". "Personal Injury" means injury arising out of one or more of the following offenses :
1. False arrest, detention or imprisonment, or malicious prosecution;
2. Libel, slander or defamation of character; or
3. Invasion of privacy, wrongful eviction or wrongful entry.
Section 11 Exclusions do not apply to "personal injury"". "Personal Injury" insurance does not apply to:
1. Liability assumed by the "insured" under any contract or agreement except any indemnity obligation assumed by the "insured" under a written contract directly relating to the ownership, maintenance or use of the premises;
2. Injury caused by a violation of a penal law or ordinance committed by or with the knowledge or consent of the "insured";
3. Injury sustained by any person as a result of an offense directly or indirectly related
to the employment of this person by the "insured";
4. Injury arising out of the business pursuits of any "insured"; or
5. Civic or public activities performed for pay by any "insured".
CHANGES MADE TO SECTION II
1. Limits of Liability: Coverage E - Personal
Liability limit of liability is increased by $300,000 over those shown on the policy declarations page for this coverage. Coverage F - Medical Payments To Others limit of liability is increased by $2,000 over those shown on the policy declarations page for this coverage.
2. Exclusion 1.b. does not apply to an
"insured" under the age of 21 years involved in a part-time or occasional, self- employed "business"with no employees.
3. Additional Coverages: 1.c . Claim Expenses is increased from $50 to $75 per day.
4. A live-in adult or child care provider, and live-in custodial care provider, while acting in that capacity for an "insured", shall be considered an "insured" under Coverage E - Personal Liability.
5. Coverage E - Personal Liability coverage shall apply while an "insured" is residing in a nursing home.
6. Under Exclusion 1.f., the motorized golf cart exception to the exclusion (3) is deleted and replaced with the following: (3) A motorized Golf Cart while being driven to or from a golf course by an "insured" off public roads; however, liability is also extended to provide coverage while crossing the highway at a designated golf crossing while playing golf on a course which is on both sides of the road.
ALL OTHER PROVISIONS OF THIS POLICY APPLY
HOMEOWNERS PO H3 02 14
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1990
Patrons Oxford Insurance Company Page 1 of 7 PO H3 02 14
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ALL OTHER PROVISIONS OF THIS POLICY APPLY.
SUPERIOR PLUS ENDORSEMENT
For an additional premium, the following coverages apply:
SECTION 1
SPECIFIED ADDITIONAL AMOUNT OF INSURANCE FOR COVERAGE A - DWELLING (Applies only when loss to dwelling building exceeds the Coverage A Limit of Liability shown in the Declaration)
To the extent that coverage is provided, we agree to provide an additional amount of insurance in accordance with the following provisions : A. If you have:
1. Allowed us to adjust the Coverage A limit of liability and the premium in accordance with: a. The property evaluations we make; and b. Any increases in inflation; and
2. Notified us, within thirty (30) days of completion, of any improvements, alterations, or additions to the dwelling building which increase the replacement cost of the dwelling building by 5% or more;
the provisions of this endorsement will apply after a loss, provided you elect to repair or replace the damaged or destroyed dwelling building.
B. If there is a loss to the dwelling building that exceeds the Coverage A limit of liability shown in the Declarations, for the purpose of settling that loss only: 1. We will provide an additional amount of
insurance, up to 25% of the Coverage A limit of liability; and
2. The Section 1 Condition 3. Loss Settlement paragraph b. is deleted and replaced by paragraphs b., c., and d. as follows:
b. The dwelling building under Coverage A at replacement cost without deduction for depreciation. We will pay no more than the smallest of the following amounts for like construction and use on the same premises: (1) The replacement cost of that part of the
dwelling building damaged or destroyed; (2)
The necessary amount actually spent to repair or replace the damaged or destroyed dwelling building; or
(3) The limit of liability under this policy that applies to the dwelling building, plus any additional amount provided by this endorsement.
c. We will pay no more than the actual cash value of the damage until actual repair or replacement is complete.
d. You may disregard the replacement cost loss settlement provisions and make claim under this policy for loss or damage to the dwelling building on an actual cash value basis. You may then make claim within 180 days after loss for any additional liability on a replacement cost basis.
PERSONAL PROPERTY REPLACEMENT COST
Covered losses to the following property are settled at replacement cost at the time of loss:
a. Coverage C - Personal Property; b. If covered in this policy, awnings, carpeting,
household appliances, outdoor antennas and outdoor equipment, whether or not attached to buildings.
Personal Property Replacement Cost coverage will also apply to the following articles or classes of property if they are separately described and specifically insured in this policy:
a. Jewelry; b. Furs and garments trimmed with fur or
consisting principally of fur; c. Cameras, projection machines, films and
related articles of equipment; d. Musical equipment and related articles of
equipment; e. Silverware, silver-plated ware, goldware,
gold-plated ware and pewterware, but excluding pens, pencils, flasks, smoking implements or jewelry; and
f. Golfer's equipment meaning golf clubs, golf clothing and golf equipment.
HOMEOWNERS PO H3 02 14
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1990
Patrons Oxford Insurance Company Page 2 of 7 PO H3 02 14
Personal Property Replacement Cost coverage will not apply to other classes of property separately described and specifically insured.
1. PROPERTY NOT ELIGIBLE Property listed below is not eligible for replacement cost settlement. Any loss will be settled at actual cash value at the time of loss but not more than the amount required to repair or replace.
a. Antiques, fine arts, paintings and similar articles of rarity or antiquity which cannot be replaced.
b. Memorabilia, souvenirs, collectors items and similar articles whose age or history contribute to their value.
c. Articles not maintained in good or workable condition.
d. Articles that are outdated or obsolete and are stored or not being used.
2.REPLACEMENTCOST The following loss settlement procedure applies to all property insured under this endorsement:
a. We will pay no more than the least of the following amounts: (1) Replacement cost at the time of loss
without deduction for depreciation; (2) The full cost of repair at the time of loss; (3) The limit of liability that applies to
Coverage C, if applicable; (4) Any applicable special limits of liability
stated in this policy; or
(5) For loss to any item separately described and specifically insured in this policy, the limit of liability that applies to the item.
b. When the replacement cost for the entire loss under this endorsement is more than $500, we will pay no more than the actual cash value for the loss or damage until the actual repair or replacement is complete.
c. You may make a claim for loss on an actual cash value basis and then make claim within 180 days after the loss for any additional liability in accordance with this endorsement.
SPECIAL PERSONAL PROPERTY COVERAGE
The Perils Insured Against under Coverages A, Band Care deleted and replaced by the following:
SECTION 1 - PERILS INSURED AGAINST
We insure against risks of direct loss to property described in Coverages A, Band C, only if that loss is a physical loss to property. We do not insure, however, for loss: 1. Under Coverages A, Band C:
a. Excluded under Section I - Exclusions; b. Caused by:
(1) Freezing of a plumbing, heating, air conditioning or automatic fire protective sprinkler system or of a household appliance, or by discharge, leakage or overflow from within the system or appliance caused by freezing. This exclusion applies only while the dwelling is vacant, unoccupied or being constructed, unless you have used reasonable care to:
(a) Maintain heat in the building; or (b) Shut off the water supply and drain
the system and appliances of water; (2) Freezing, thawing, pressure or weight of
water or ice, whether driven by wind or not, to a: (a) Fence, pavement, patio or swimming
pool; (b) Foundation, retaining wall, or
bulkhead; or (c) Pier, wharf or dock;
(3) Theft in or to a dwelling under construction, or of materials and supplies for use in the construction until the dwelling is finished and occupied;
(4) Any of the following: (a) Wear and tear, marring,
deterioration; (b) Inherent vice, latent defect,
mechanical breakdown; (c) Smog, rust or other corrosion, mold,
wet or dry rot; (d) Smoke from agricultural smudging or
migration, release or escape of pollutants unless the discharge, dispersal, seepage, migration, release or escape is itself caused by one or more of the Perils Insured against that would apply under Coverage C of the policy form if this endorsement were not attached to the policy form.
HOMEOWNERS PO H3 02 14
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1990
Patrons Oxford Insurance Company Page 3 of 7 PO H3 02 14
Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed;
(f) Settling, shrinking, bulging or expansion, including resultant cracking of pavements , patios, foundations, walls, floors, roofs or ceilings;
(g) Birds, vermin, rodents, or insects; or (h) Animals owned or kept by an
"insured". If any of these cause water damage not otherwise excluded, from a plumbing, heating, air conditioning or automatic fire protective sprinkler system or household appliance, we cover loss caused by the water including the cost of tearing out and replacing any part of a building necessary to repair the system or appliance.
We do not cover loss to the system or appliance from which this water escaped. Under items (1) through (4), any ensuing loss to property described in Coverages A, B and C not excluded or excepted in this policy is covered.
2. Under Coverages A and B: a. Caused by vandalism and malicious
mischief if the dwelling has been vacant for more than 30 consecutive days immediately before the loss. A dwelling being constructed is not considered vacant.
b. Involving collapse, other than as provided in Additional Coverages - 8 . Collapse. However, any ensuing loss to property described in Coverages A and B not excluded or excepted in this policy is covered.
3. Under Coverage C caused by: a. Breakage of:
(1) Eyeglasses, glassware , statuary, marble;
(2) Brio-a-brae, porcelains and similar fragile articles other than jewelry, watches, bronzes, cameras and photographic lenses.
There is coverage for breakage of the property by or resulting from:
(1) Fire, lightning, windstorm, hail; (2) Smoke, other than smoke from
agricultural smudging or industrial operations;
(3) Explosion, riot, civil commotion; (4) Aircraft, vehicles, vandalism and
malicious mischief, earthquake or volcanic eruption;
(5) Collapse of a building or any part of a building;
(6) Water not otherwise excluded ; (7) Theft or attempted theft; or (8) Sudden and accidental tearing apart,
cracking, burning or bulging of:
(a) A steam or hot water heating system;
(b) An air conditioning or automatic fire protective sprinkler system; or
(c) An appliance for heating water;
b. Dampness of atmosphere or extremes of temperature unless the direct cause of loss is rain, snow, sleet or hail;
c. Refinishing, renovating or repairing property other than watches, jewelry and furs;
d. Collision, other than collision with a land vehicle, sinking, swamping or stranding of watercraft , including their trailers, furnishings, equipment and outboard engines or motors;
e. Destruction, confiscation or seizure by order of any government or public authority; or
f. Acts or decisions, including the failure to act or decide, of any person, group, organization or governmental body. However , any ensuing loss to property described in Coverage C not excluded or excepted in this policy is covered.
SECTION 1- EXCLUSIONS 1.c. Water Damage . The following paragraphs are added:
(5) Water damage to property described in Coverage C away from a premises or location owned, rented, occupied or controlled by an "insured" is covered.
HOMEOWNERS PO H3 02 14
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1990
Patrons Oxford Insurance Company Page 4 of 7 PO H3 02 14
(6) Water damage to property described in Coverage C on a premises or location owned, rented, occupied or controlled by an "insured" is excluded even if weather conditions contribute in any way to produce the loss.
COVERAGE C - PERSONAL PROPERTY
The Special Limits of Liability items 5., 6., and 7. are deleted and replaced by the following:
5. $2,500 for loss by theft of jewelry, watches, furs, precious and semi-precious stones.
6. $2,500 for loss by theft of firearms. 7. $4,000 for loss by theft of silverware, silver-
plated ware, goldware, gold-plated ware and pewterware. This includes flatware, hollow- ware, tea sets, trays and trophies made of or including silver, gold or pewter.
BUILDING LAW AND ORDINANCE COVERAGE
Loss for damage by a Peril Insured Against to covered property or the building containing the covered property will be settled on the basis of any ordinance or law that regulates the construction, repair or demolition of this property. The most we will pay due to this endorsement is 5% of Coverage A.
SINKHOLE COLLAPSE COVERAGE
We insure for direct physical loss to property covered under Section I caused by Sinkhole Collapse. Sinkhole Collapse means actual physical damage arising out of, or caused by, sudden settlement or collapse of the earth supporting such property and only when such settlement or collapse results from subterranean voids created by the action of water on limestone or similar rock formations. The Section I - Earth Movement exclusion does not apply to Sinkhole Collapse.
WATER BACKUP AND SUMP DISCHARGE OR OVERFLOW
A. Coverage
We insure, up to $10,000, for direct physical loss, not caused by the negligence of an "insured", to property covered under Section I caused by water, or waterborne material, which: 1. Backs up through sewers or drains; or 2. Overflows or is discharged from a:
a. Sump, sump pump; or b. Related equipment; even if such overflow or discharge results from mechanical breakdown. This coverage does not apply to direct physical loss of the sump pump, or related equipment, which is caused by mechanical breakdown.
This coverage does not increase the limits of liability for Coverages A, B, C or D stated in the Declarations.
B. Section I - Perils Insured Against With respect to the coverage described in A. above, Paragraphs: 2.e.(2) in Form HO 00 03; 1.b.(4)(b) in PO H3 05 09 Special Personal Property Coverage; 3.d.(2) in Endorsement HO 17 31; and 2.e.(2) in Endorsement HO 17 32; are replaced by the following: Latent defect, inherent vice or any quality in property that causes it to damage or destroy itself;
C. Special Deductible The following replaces any other deductible provision in this policy with respect to loss covered under this endorsement. We will pay only that part of the total of all loss payable under Section I that exceeds $250. No other deductible applies to this coverage. This deductible does not apply with respect to Coverage D - Loss of Use.
D. Exclusion The Water Damage Exclusion is replaced by the following: Water This means: 1. Flood, surface water, waves, including tidal
wave and tsunami, tides, tidal water, overflow of any body of water, or spray from any of these, all whether or not driven by wind, including storm surge;
2. Water which: a. Backs up through sewers or drains; or b. Overflows or is otherwise discharged from
a sump, sump pump or related equipment; as a direct or indirect result of flood;
HOMEOWNERS PO H3 02 14
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1990
Patrons Oxford Insurance Company Page 5 of 7 PO H3 02 14
3. Water below the surface of the ground, including water which exerts pressure on, or seeps, leaks or flows through a building, sidewalk, driveway, patio, foundation, swimming pool or other structure; or
4. Waterborne material carried or otherwise moved by any of the water referred to in D.1. through D.3. of this Exclusion .
This Exclusion applies regardless of whether any of the above, in D.1. through D.4., is caused by an act of nature or is otherwise caused. This Exclusion applies to, but is not limited to, escape, overflow or discharge, for any reason, of water or waterborne material from a dam, levee, seawall or any other boundary or containment system.
However, direct loss by fire, explosion or theft resulting from any of the above, in D.1. through D.4., is covered. All other provisions of this policy apply.
LOCK REPLACEMENT COVERAGE
We will pay up to $500 for locks or cylinders which are replaced as a direct result of stolen keys. We and the police must be promptly notified of the theft. The locks must be replaced within 72 hours after the keys are stolen. Keys are those to buildings and structures at the "residence premises". Keys given to a custodian are not considered stolen. We will pay the amount spent to repair or replace the locks or cylinders with ones of like kind and quality.
This is additional coverage. No deductible applies to this coverage.
POLICE DEPARTMENT SERVICE CHARGE COVERAGE
If "you" are required to pay for a police department service call due to accidental activation of a burglary alarm system, we will pay such charges. The limit for this coverage is $50 per occurrence, subject to a maximum of $150 during the policy term. This is additional coverage. No deductible applies to this coverage.
ADDITIONAL COVERAGES
The following changes are made to the policy:
Additional Coverage 1. The limit of liability for tree debris removal coverage is increased from $500 to $1,000. Additional Coverage 6. The Credit Card, Funds Transfer Card, Forgery and Counterfeit Money coverage limit of liability is increased from $500 to $2,500. Additional Coverage 7. The Loss Assessment coverage limit of liability is increased from $1,000 to $2,000.
The following are added: Additional Coverage 11. Care Provider Personal Property. We will provide Coverage C - Personal Property coverage with an additional limit of $10,000 for live-in adult or child care providers, and live-in custodial care providers while at any"insured location".
Additional Coverage 12. Personal Property While At A Nursing Home. Under Coverage C - Personal Property, while an "insured" is residing at a nursing home, the limit of liability for personal property located at that nursing home is increased to 10% of the limit of liability for Coverage C, or $5,000, whichever is greater.
IDENTITY FRAUD EXPENSE COVERAGE
DEFINITIONS With respect to the provisions of this endorsement only, the following definitions are added:
1. "Identity fraud" means the act of knowingly transferring or using, without lawful authority, a means of identification of an "insured" with the intent to commit, or to aid or abet another to commit, any unlawful activity that constitutes a violation of federal law or a crime under any applicable state or local law.
2. "Expenses" means: a. Costs for notarizing affidavits or
similar documents attesting to fraud required by financial institutions or similar credit grantors or credit agencies.
b. Costs for certified mail to law enforcement agencies, credit agencies, financial institutions or similar credit grantors.
HOMEOWNERS PO H3 02 14
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1990
Patrons Oxford Insurance Company Page 6 of 7 PO H3 02 14
c. Lost income resulting from time taken off work to complete fraud affidavits, meet with or talk to law enforcemen t agencies, credit agencies and/or legal counsel, up to a maximum payment of $200 per day. Total payment for lost income is not to exceed $5,000.
d. Loan application fees for re- applying for a loan or loans when the original application is rejected solely because the lender received incorrect credit information.
e. Reasonable attorney fees incurred as a result of "identity fraud" to:
(1) Defend lawsuits brought against an "insured" by merchants, financial institutions or their collection agencies;
(2) Remove any criminal or civil judgments wrongly entered against an "insured"; and
(3) Challenge the accuracy or completeness of any information in a consumer credit report.
f. Charges incurred for long distance telephone calls to merchants, law enforcement agencies, financial institutions or similar credit granters, or credit agencies to report or discuss an actual "identity fraud".
The following Additional Coverage is added under Section I: IDENTITY FRAUD EXPENSE We will pay up to $15,000 for "expenses" incurred by an "insured" as the direct result of any one "identity fraud" first discovered or learned of during the policy period. Any act or series of acts committed by one or more persons, or in which such person or persons are aiding or abetting others against an "insured", is considered to be one "identity fraud", even if a series of acts continues into a subsequent policy period. This coverage is additional insurance.
EXCLUSIONS The following additional exclusions apply to this coverage: We do not cover:
1. Loss arising out of or in connection with a "business".
2. "Expenses" incurred due to any fraudulent, dishonest or criminal act by an "insured" or any person aiding or abetting an "insured", or by any authorized representative of an "insured", whether acting alone or in collusion with others.
3. Loss other than "expenses".
SPECIAL DEDUCTIBLE We will pay only that part of the loss that exceeds $250. No other deductible applies to "identity fraud" expense coverage.
SECTION I - CONDITION
2. Duties After Loss The following is added:
h. Send to us, within 60 days after our request, receipts, bills or other records that support your claim for "expenses" under "identity fraud" coverage..
SECTION II
INCIDENTAL MOTORIZED LAND CONVEYANCES
Coverage E - Personal Liability and Coverage F - Medical Payments To Others Apply To "bodily injury" or "property damage" arising out of:
1. The ownership, maintenance, use, loading and unloading of a motorized land conveyance;
2. The entrustment by an "insured" of a motorized land conveyance to any person; or
3. Vicarious liability, whether or not statutorily imposed, for the actions of a child or minor using a motorized land conveyance.
However, coverage provided by this endorsement does not apply to a motorized bicycle, moped or motorized golf cart and does not apply to any other motorized land conveyance:
a. With a maximum attainable speed of more than 15 miles per hour;
b. Subject to motor vehicle registration;
HOMEOWNERS PO H3 02 14
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1990
Patrons Oxford Insurance Company Page 7 of 7 PO H3 02 14
c. While used to carry persons for a charge;
CHANGES MADE TO SECTION II
d. While used for "business" purposes; e. While rented to others; or f. While being operated in any
prearranged or organized race, speed contest or other competition.
Section 11 exclusion 1.f. does not apply to conveyances covered by this endorsement. With respect to conveyances covered by this endorsement, the definition of "insured" includes any person or organization legally responsible for the covered conveyance owned by an "insured", but does not include a person or organization using or having custody or possession of the conveyance without the permission of the owner.
PERSONAL INJURY PROTECTION
Under Coverage E, the definition of "bodily injury" is amended to include "personal injury". "Personal Injury" means injury arising out of one or more of the following offenses :
1. False arrest, detention or imprisonment, or malicious prosecution;
2. Libel, slander or defamation of character; or
3. Invasion of privacy, wrongful eviction or wrongful entry.
Section 11 Exclusions do not apply to "personal injury"". "Personal Injury" insurance does not apply to:
1. Liability assumed by the "insured" under any contract or agreement except any indemnity obligation assumed by the "insured" under a written contract directly relating to the ownership, maintenance or use of the premises;
2. Injury caused by a violation of a penal law or ordinance committed by or with the knowledge or consent of the "insured";
3. Injury sustained by any person as a result of an offense directly or indirectly related to the employment of this person by the "insured";
4. Injury arising out of the business pursuits of any "insured"; or
5. Civic or public activities performed for pay by any "insured".
1. Limits of Liability: Coverage E - Personal Liability limit of liability is increased by $300,000 over those shown on the policy declarations page for this coverage. Coverage F - Medical Payments To Others limit of liability is increased by $2,000 over those shown on the policy declarations page for this coverage.
2. Exclusion 1.b. does not apply to an
"insured" under the age of 21 years involved in a part-time or occasional, self- employed "business" with no employees.
3. Additional Coverages: 1.c. Claim Expenses is increased from $50 to $75 per day.
4. A live-in adult or child care provider, and live-in custodial care provider, while acting in that capacity for an "insured", shall be considered an "insured" under Coverage E - Personal Liability.
5. Coverage E - Personal Liability coverage shall apply while an "insured" is residing in a nursing home.
6. Under Exclusion 1.f., the motorized golf cart exception to the exclusion (3) is deleted and replaced with the following: (3) A motorized Golf Cart while being driven to or from a golf course by an "insured" off public roads; however, liability is also extended to provide coverage while crossing the highway at a designated golf crossing while playing golf on a course which is on both sides of the road.
ALL OTHER PROVISIONS OF THIS POLICY APPLY.
HOMEOWNERS PO H4 02 95
ADDITIONAL COVERAGE ENDORSEMENT
For an additional premium and subject to all the_pro- visions of the policy, we agree that the following coverages and extensions of coverages are added to the policy. CREDIT CARD COVERAGE Our limit of liability for Credit Card, Fund Transfer Card, Forgery and Counterfeit Money is increased to $2500. PERSONAL INJURY COVERAGE Under Section II - Coverage E - Personal liability, the definition of bodily injury is amended to include personal injury. "Personal Injury" means injury arising out of one or more of the following offenses: 1. false arrest, detention or imprisonment, or ma-
licious prosecution; 2. libel, slander or defamation of character; or 3. invasion of privacy, wrongful eviction or wrong-
ful entry.
Section II Exclusions do not apply to personal injury. Personal injury insurance does not apply to: 1. liability assumed by the insured under any con-
tract or agreement except any indemnity obliga- tion assumed by the insured under a written contract directly relating to the ownership, maintenance or use of the premises;
2. injury caused by a violation of a penal law or ordinance committed by or with the knowledge or consent of any insured;
3. injury sustained by any person as a result of an offense directly or indirectly related to the em- ployment of this person by the insured ;
4. injury arising out of the business pursuits of any insured ; or
5. civic or public activities performed for pay by any insured .
Our limit of liability for this coverage will be the same that applies to Coverage E - Personal Liability.
All other provisions of this policy apply.
PO H4 02 95 Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Copyright, Insurance Services Office, Inc., 1995 Patrons Oxford Insurance Company Page 1 of 1
PO HS 04 01
PATRONS OXFORD INSURANCE COMPANY
DELETION OF THEFT EXCLUSION DWELLING UNDER CONSTRUCTION
We insure, up to $10,000 in the aggregate, a loss caused by theft in or to a dwelling under construction, or of materials and supplies for use in the construction, until the dwelling is finished and occupied, or for a period of 270 days from the inception date of the policy, whichever occurs first.
All other provisions of this policy apply.
PO H5 04 01 Patrons Oxford Insurance Company Page 1 of 1
HOMEOWNERS PO-HG
(Ed. 7-90)
STRUCTURES EXCLUDE/ LIMIT FROM SECTION I
As a condition for granting coverage, the following structures on the RESIDENCE PREMISES, including contents contained within the structures, are limited or excluded from the Section I Coverages.
SECTION I
We exclude or limit these structures, including any contents contained within, from coverage for direct physical loss by the Perils Insured Against for the limit of liability shown below:
Structures and type of limitation / exclusion.
All other provisions of this policy apply.
PO-HG (Ed. 7-90) Patrons Oxford Insurance Company Page 1 of 1
HOMEOWNERS PO H7 02 95
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
HOME BUSINESS Residence Premises
For an additional premium, we cover the following "business": (describe)*
conducted by an "insured" on the "residence prem- ises" in (check which)*
The dwelling as described in the Declarations
An Other Structure (describe)*
subject to the following:
SECTION I 1. Coverage B does not apply to the Other Structure
described above. We cover the Other Structure described above for direct physical loss by a Peril Insured Against for not more than: Limit of Liability
2. Coverage C - Personal Property - Items 8. and 9.
under Special Limits of Liability are deleted and replaced by the following only for the "business" described above:
8. The Coverage C Limit of Liability applies to
property, on the "residence premises", of the "business" described above.
9. $5,000 on property, away from the "residence premises", used at any time or in any manner for the "business" described above. How- ever, this limit does not apply to loss to adaptable electronic apparatus as described in Special Limits 10. and 11.
Additional Special Limit of Liability: $1,000 for signs, including the cost of re- moval and replacement.
SECTION II Exclusion 1.b. of Coverage E - Personal Liability and Coverage F - Medical Payments to Others is deleted and replaced by the following: b. Arising out of or in connection with a "business"
engaged in by an "insured". This exclusion ap- plies but is not limited to an act or omission, re- gardless of its nature or circumstance, involving a service or duty rendered, promised, owed or im- plied to be provided because of the nature of the "business". This exclusion also applies to losses arising out of "your product"; "your work"; dam- age to "impaired property" or property not physi- cally injured; "recall of products, work or impaired property"; "products-completed operations haz- ard"; property of others in your care, custody, or control; and "pollution".
This exclusion does not apply to: (i) The necessary or incidental use of the
premises to conduct the "business" de- scribed above.
(ii) The necessary or incidental use of tem- porary off premises locations to conduct the "business" described above.
This insurance does not apply to "bodily injury" to: a. Any employee of an "insured" arising out of
the "business" use described above other than to a "residence employee" while en- gaged in the employee's employment by an "insured"; or
b. Any pupil arising out of corporal punishment administered by or at the direction of the "in- sured".
* Entries may be left blank if shown elsewhere in this policy for this coverage.
All other provisions of this policy apply.
PO H7 02 95 Page 1 of 2
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1990
Patrons Oxford Insurance Company
HOMEOWNERS PO H7 02 95
DEFINITIONS: 1. "Impaired property" means tangible property,
other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work"
that is known or thought to be defective, defi- cient, inadequate or dangerous; or
b. You have failed to fulfill the terms of a con- tract or agreement; if such property can be restored to use by:
a. The repair, replacement, adjustment or re- moval of "your product" or "your work"; or
b. Your fulfilling the terms of the contract or agreement.
2. Pollution "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dis- persal, seepage, migration, release or escape of pollutants or related request for clean-up, testing, removal or other remedial activity at the insured location or any other location.
3. "Products-completed operations hazard" includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your produc"t or "your work".
4. Recall of Products, Work or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replace- ment, adjustmen,t removal or disposal of: 1. "Your product"; 2. "Your work"; or 3. "Impaired property";
if such product, work, or property is withdrawn or recalled from the market or from use by any per- son or organization because of a known or sus- pected defect, deficiency, inadequacy or danger- ous condition in it.
5. "Your product" means:
a. Any goods or products, other than real prop- erty, manufactured, sold, handled, distributed or disposed of by: 1. You; 2. Others trading under your name; or 3. A person or organization whose business
or assets you have acquired; and b. Containers (other than vehicles), materials,
parts or equipment furnished in connection with such goods or products.
"Your product" includes: a. Warranties or representations made at any
time with respect to the fitness, quality, dura- bility, performance or use of "your product"; and
b. The providing of or failure to provide warn- ings or instructions.
6. "Your work" means:
a. Work or operations performed by you or on your behalf; and
b. Materials, parts or equipment furnished in connection with such work or operations.
"Your work" includes: a. Warranties or representations made at any
time with respect to the fitness, quality, dura- bility, performance or use of "your work"; and
b. The providing of or failure to provide warn- ings or instructions.
PO H7 02 95 Page 2 of 2
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1990
Patrons Oxford Insurance Company
HOMEOWNERS PO HlO 08 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SPECIFIED ADDITIONAL AMOUNT OF INSURANCE FOR COVERAGE A – DWELLING
(Applies only when loss to dwelling building exceeds the Coverage A Limit of Liability shown in the Declaration)
To the extent that coverage is provided, we agree to provide an additional amount of insurance in accordance with the following provisions:
A. If you have:
b. The dwelling building under Coverage A at
replacement cost without deduction for depreciation. We will pay no more than the smallest of the following amounts for like construction and use on the same premises:
1. Allowed us to adjust the Coverage A limit of liability and the premium in accordance with:
a. The property evaluations we make; and
b. Any increases in inflation; and
2. Notified us, within (30) days of completion, of
any improvements, alterations, or additions to the dwelling building which increase the replacement cost of the dwelling building by 5% or more;
(1)
(2)
(3)
The replacement cost of that part of the dwelling building damaged or destroyed;
The necessary amount actually spent to repair or replace the damaged or destroyed dwelling building; or
The limit of liability under this policy that applies to the dwelling building, plus any additional amount provided by this endorsement.
the provisions of this endorsement will apply after a loss, provided you elect to repair or replace the damaged or destroyed dwelling building.
B. If there is a loss to the dwelling building
that exceeds the Coverage A limit of liability shown in the Declarations, for the purpose of settling that loss only:
1. We will provide an additional amount of
insurance, up to 25% of the Coverage A limit of liability; and
2. The Section 1 Condition 3. Loss Settlement
paragraph b. is deleted and replaced by paragraphs b., c., and d. as follows:
c. We will pay no more than the actual cash value of the damage until actual repair or replacement is complete.
d. You may disregard the replacement cost loss
settlement provisions and make claim under this policy for loss or damage to the dwelling building on an actual cash value basis. You may then make claim within 180 days after loss for any additional liability on a replacement cost basis.
ALL OTHER PROVISIONS OF THIS POLICY APPLY.
Includes copyrighted material oflnsurance Services Office, Inc., with its permission Copyright, Insurance Services Office, Inc., 1994
POHl0 0804 Patrons Oxford Insurance Company Pagel of l
HOMEOWNERS PO H20 0114
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SECTION II - LIABILITY COVERAGES
This policy does not provide coverage under Section II for any "bodily injury" or "property damage" that occurs off the "residence premises."
Coverage E - Personal Liability and Coverage F - Medical Payments to Others are deleted and replaced with the following:
COVERAGE E - Personal Liability If a claim is made or a suit is brought against an "insured" for damages because of "bodily injury" or "property damage" caused by an "occurrence" on the "residence premises" described in the Declarations, to which this coverage applies, we will: 1. Pay up to our limit of liability for the
damages for which the "insured" is legally liable. Damages include prejudgment interest awarded against the "insured"; and
2. Provide a defense at our expense by counsel of our choice, even if the suit is groundless, false or fraudulent. We may investigate and settle any claim or suit that we decide is appropriate. Our duty to settle or defend ends when the amount we pay for damages resulting from the "occurrence" equals our limit of liability.
a. Arises out of a condition on the "insured location" or the ways immediately adjoining;
b. Is caused by a "residence employee" in the course of the "residence employee's" employment by an "insured"; or
c. Is caused by an animal owned by or in the care of an "insured" only if the injury occurs on the "residence premises."
All other provisions of the policy apply.
COVERAGE F - Medical Payments To Others We will pay the necessary medical expenses that are incurred or medically ascertained within three years from the date of an accident causing "bodily injury." Medical expenses means reasonable charges for medical, surgical, x-ray, denta,l ambulance, hospital, professional nursing, prosthetic devices and funeral services. This coverage does not apply to you or regular residents of your household except "residence employees." As to others, this coverage applies only: 1. To a person on the "insured location" with
the permission of an "insured"; or 2. To a person off the "insured location," if the
"bodily injury":
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1990
Patrons Oxford Insurance Company PO H20 01 14 Page 1 of 1
HOMEOWNERS PO H24 0714
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
MOTORIZED GROUND MAINTENANCE VEHICLES
SECTION II For an additional premium, Coverage E - Personal Liability and Coverage F - Medical Payments to Oth- ers apply to "bodily injury " or "property damage" aris- ing out of: 1. The ownership, maintenance, use, loading or
unloading of a motorized land conveyance de- signed for ground maintenance tasks such as mowing grass, raking a lawn, plowing snow, or till- ing or grading soil;
2. The entrustment by an "insured" of a motorized land conveyance to any person; or
3. Vicarious liability, whether or not statutorily im- posed, for the actions of a child or minor using a motorized land conveyance.
However, coverage provided by this endorsement does not apply to a motorized land conveyance:
a. that was built or modified after manufacture to exceed a speed of 25 miles per hour on level ground;
b. While used to carry persons for a charge; c. While used for "business" purposes; d. While rented to others; e. While being operated in any prearranged or
organized race, speed contest or other compe- tition; or
f. Is not a motorized bicycle, moped, or motor- ized golf cart.
Section II exclusion 1.f. does not apply to conveyanc- es covered by this endorsement. With respect to conveyances covered by this en- dorsemen,t the definition of "insured" includes any person or organization legally responsible for the covered conveyance owned by an "insured," but does not include a person or organization using or having custody or possession of the conveyance without the permission of the owner. All other provisions of this policy apply.
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1990
Patrons Oxford Insurance Company
PO H24 0714 Page 1 of 1
HOMEOWNERS PO 04 55 06 05
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
IDENTITY FRAUD EXPENSE COVERAGE
DEFINITIONS With respect to the provisions of this endorsement only, the following definitions are added: 1. "Identity fraud" means the act of knowingly trans-
ferring or using, without lawful authority, a means of identification of an "insured" with the intent to commit, or to aid or abet another to commit, any unlawful activity that constitutes a violation of fed- eral law or a crime under any applicable state or local law.
2. "Expenses" means: a. Costs for notarizing affidavits or similar docu-
ments attesting to fraud required by financial institutions or similar credit grantors or credit agencies.
b. Costs for certified mail to law enforcement agencies, credit agencies, financial institutions or similar credit grantors.
c. Lost income resulting from time taken off work to complete fraud affidavits, meet with or talk to law enforcement agencies, credit agencies and/or legal counsel, up to a maximum pay- ment of $200 per day. Total payment for lost income is not to exceed $5,000.
d. Loan application fees for re-applyingfor a loan or loans when the original application is re- jected solely because the lender received in- correct credit information.
e. Reasonable attorney fees incurred as a result of "identity fraud" to:
(1) Defend lawsuits brought against an "in- sured" by merchants, financial institutions or their collection agencies;
(2) Remove any criminal or civil judgments wrongly entered against an "insured"; and
(3) Challenge the accuracy or completeness of any information in a consumer credit report.
f. Charges incurred for long distance telephone calls to merchants, law enforcement agencies, financial institutions or similar credit grantors, or credit agencies to report or discuss an ac- tual "identity fraud".
The following Additional Coverage is added under Section I: IDENTITY FRAUD EXPENSE We will pay up to $15,000 for "expenses" incurred by an "insured" as the direct result of any one "identity fraud" first discovered or learned of during the policy period. Any act or series of acts committed by one or more persons, or in which such person or persons are aiding or abetting others against an "insured", is con- sidered to be one "identity fraud", even if a series of acts continues into a subsequent policy period. This coverage is additional insurance. EXCLUSIONS The following additional exclusions apply to this cov- erage: We do not cover: 1. Loss arising out of or in connection with a "busi-
ness". 2. "Expenses" incurred due to any fraudulent, dis-
honest or criminal act by an "insured" or any per- son aiding or abetting an "insured", or by any au- thorized representative of an "insured", whether acting alone or in collusion with others.
3. Loss other than "expenses". SPECIAL DEDUCTIBLE We will pay only that part of the loss that exceeds $250. No other deductible applies to "identity fraud" expense coverage. SECTION I - CONDITION 2. Duties After Loss
The following is added: h. Send to us, within 60 days after our request,
receipts, bills or other records that support your claim for "expenses" under "identity fraud" cov- erage.
All other provisions of this policy apply.
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Patrons Oxford Insurance Company
PO 04 55 06 05 Page 1 of 1
PATRONS OXFORD INSURANCE COMPANY NON-SMOKER CERTIFICATE
For a reduction in premium, I agree to the following statements:
No one, who is a resident of my household, smokes, nor has smoked, for the past 12 months.
I further agree that if a resident should start smoking or if a new resident smokes, I will notify the company within 30 days.
Signature of insured: Date:
Policy # Agent:
MAINE FRAUD WARNING: IT IS A CRIME TO KNOWINGLY PROVIDE FALSE, INCOMPLETE OR MISLEADING INFORMATION TO AN INSURANCE COMPANY FOR THE PURPOSE OF DEFRAUDING THE COMPANY. PENALTIES MAY INCLUDE IMPRISONMENT, FINES OR A DENIAL OF INSURANCE BENEFITS
PONS 07 01
PATRONS INSURANCE GROUP CREDIT – EMPLOYER AGREEMENT
(“the Employer”) and Patrons Oxford Insurance Company agree to establish a program to allow for the voluntary purchase of personal lines insurance policies by employees. The Employer shall allow the designated Patrons Insurance authorized Independent Agent to solicit employees through the distribution of promotional materials, including on site access at specified intervals, as set forth in a marketing program created for the employees and agreed to by “the Employer.”
All new business application submissions for insurance through this agreement will be underwritten on an individual basis subject to Patrons Insurance underwriting guidelines and Patrons Insurance is under no obligation to guarantee that the risk will qualify. All new business policies that are issued under this agreement will be eligible for the group discount.
“The Employer” is not an agent of Patrons Oxford Insurance Company and will not receive any fees, commissions or other compensation.
The agreement is effective .
Employer Agency Name Agency Code
Name and Title Agent Name and Title
Patrons Oxford Insurance Company Affiliate Group Credit Contract
This contract is between Patrons Oxford Insurance Company and the following Affiliate Group:
for the purpose of Mass Marketing Personal Insurance products offered by the following appointed agency:
This Mass Marketing program is established to allow for the voluntary purchase of personal line insurance policies by the members of the named Affiliate Group. The governing/managing officer of the Affiliate Group will allow the designated agency to solicit members through the distribution of promotional materials, including access at specified intervals to the members of the group.
All new business application submissions for insurance through this agreement will be underwritten on an individual basis subject to Patrons Oxford Insurance underwriting guidelines. Patrons Oxford Insurance is under no obligation to guarantee that the risk will qualify for insurance with our company. All new business policies that are issued under this agreement will qualify for the Group Discount.
The Affiliate group will not receive any commission, fees or other compensation for policies written under this agreement.
This agreement is effective
Signed:
Affiliate Group Officer Name Agent Name Agency Code
Title Title
PO DP13 0807
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ALL OTHER PROVISIONS OF THIS POLICY APPLY.
DOMESTIC PARTNER
It is agreed that throughout this policy when there is a reference to the term “spouse”, the definition of spouse will include a Domestic Partner as defined by this endorsement:
Definition: For the purposes of this endorsement Domestic Partner means one of two unmarried adults who are domiciled together under long term arrangements that evidence a commitment to remain responsible indefinitely for each other's welfare, and who has filed the Declaration of Domestic Partnership with the State of Maine Office of Vital Records in compliance with Maine Public Law 2003, c. 672.
PO DP13 0807 Page 1 of 1
HOMEOWNERS PO 160 9 05 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WATER EXCLUSION ENDORSEMENT
SECTION I - EXCLUSIONS 3. Water Damage is replaced by the following:
3. Water This means: a. Flood, surface water, waves, including tidal
wave and tsunami, tides, tidal water, over- flow of any body of water, or spray from any of these, all whether or not driven by wind, including storm surge;
b. Water which: (1) Backs up through sewers or drains; or (2) Overflows or is otherwise discharged
from a sump, sump pump or related equipment;
c. Water below the surface of the ground, including water which exerts pressure on, or seeps, leaks or flows through a building, sidewalk, driveway, patio, foundation, swimming pool or other structure; or
d. Waterborne material carried or otherwise moved by any of the water referred to in 3.a. through 3.c. of this Exclusion.
This Exclusion (3.) applies regardless of whether any of the above, in 3.a. through 3.d., is caused by an act of nature or is otherwise caused. This Exclusion (3.) applies to, but is not limited to, escape, overflow or discharge, for any rea- son, of water or waterborne material from a dam, levee, seawall or any other boundary or containment system. However, direct loss by fire, explosion or theft resulting from any of the above, in 3.a. through 3.d., is covered.
SECTION I - EXCLUSIONS 1.c. Water Damage is replaced by the following:
c. Water This means:
(1) Flood, surface water, waves, including tidal wave and tsunami, tides, tidal water, over- flow of any body of water, or spray from any of these, all whether or not driven by wind, including storm surge;
(2) Water which: (a) Backs up through sewers or drains; or (b) Overflows or is otherwise discharged
from a sump, sump pump or related equipment;
(3) Water below the surface of the ground, including water which exerts pressure on, or seeps, leaks or flows through a building, sidewalk, driveway, patio, foundation, swimming pool or other structure; or
(4) Waterborne material carried or otherwise moved by any of the water referred to in c.(1) through c.(3) of this Exclusion.
This Exclusion c. applies regardless of whether any of the above, in c.(1) through c.(4), is caused by an act of nature or is otherwise caused. This Exclusion c. applies to, but is not limited to, escape, overflow or discharge, for any rea- son, of water or waterborne material from a dam, levee, seawall or any other boundary or containment system. However, direct loss by fire, explosion or theft resulting from any of the above, in c.(1) through c.(4), is covered.
All other provisions of this policy apply.
HOMEOWNERS PO 04 95 05 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Patrons Oxford Insurance Company
WATER BACK-UP AND SUMP DISCHARGE OR OVERFLOW
A. Coverage
We insure, up to $5,000, for direct physical loss, not caused by the negligence of an "insured", to property covered under Section I caused by water, or waterborne material, which: 1. Backs up through sewers or drains; or 2. Overflows or is discharged from a:
a. Sump, sump pump; or b. Related equipment; even if such overflow or discharge results from mechanical breakdown. This coverage does not apply to direct physical loss of the sump pump, or related equipment, which is caused by mechanical breakdown.
This coverage does not increase the limits of liabil- ity for Coverages A, B, C or D stated in the Decla- rations.
B. Section I - Perils Insured Against With respect to the coverage described in A. above, Paragraphs: 2.e.(2) in Form HO 00 03; 1.b.(4)(b)in Form HO 00 15; 3.d.(2) in Endorsement HO 17 31; and 2.e.(2) in Endorsement HO 17 32; are replaced by the following: Latent defect, inherent vice or any quality in prop- erty that causes it to damage or destroy itself;
C. Special Deductible The following replaces any other deductible provi- sion in this policy with respect to loss covered un- der this endorsement. We will pay only that part of the total of all loss payable under Section I that exceeds $250. No other deductible applies to this coverage. This de- ductible does not apply with respect to Coverage D - Loss of Use.
D. Exclusion The Water Damage Exclusion is replaced by the following: Water This means: 1. Flood, surface water, waves, including tidal
wave and tsunami, tides, tidal water, overflow of any body of water, or spray from any of these, all whether or not driven by wind, includ- ing storm surge;
2. Water which: a. Backs up through sewers or drains; or b. Overflows or is otherwise discharged from a
sump, sump pump or related equipment; as a direct or indirect result of flood;
3. Water below the surface of the ground, includ- ing water which exerts pressure on, or seeps, leaks or flows through a building, sidewalk, driveway, patio, foundation, swimming pool or other structure; or
4. Waterborne material carried or otherwise moved by any of the water referred to in D.1. through D.3. of this Exclusion.
This Exclusion applies regardless of whether any of the above, in D.1. through D.4., is caused by an act of nature or is otherwise caused. This Exclusion applies to, but is not limited to, es- cape, overflow or discharge, for any reason, of wa- ter or waterborne material from a dam, levee, seawall or any other boundary or containment sys- tem.
However, direct loss by fire, explosion or theft result- ing from any of the above, in D.1. through D.4., is covered. All other provisions of this policy apply.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WATER EXCLUSION ENDORSEMENT
GENERAL EXCLUSIONS d. Waterborne material carried or otherwise
3. Water Damage is replaced by the following: 3. Water
This means: a. Flood, surface water, waves, including tidal
wave and tsunami, tides, tidal water, over- flow of any body of water, or spray from any of these, all whether or not driven by wind, including storm surge;
b. Water which: (1) Backs up through sewers or drains; or (2) Overflows or is otherwise discharged
from a sump, sump pump or related equipment;
c. Water below the surface of the ground, including water which exerts pressure on, or seeps, leaks or flows through a building, sidewalk, driveway, patio, foundation, swimming pool or other structure; or
moved by any of the water referred to in 3.a. through 3.c. of this Exclusion.
This Exclusion (3.) applies regardless of whether any of the above, in 3.a. through 3.d., is caused by an act of nature or is otherwise caused. This Exclusion (3.) applies to, but is not limited to, escape, overflow or discharge, for any rea- son, of water or waterborne material from a dam, levee, seawall or any other boundary or containment system. However, direct loss by fire or explosion result- ing from any of the above, in 3.a. through 3.d., is covered.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WATER EXCLUSION ENDORSEMENT
GENERAL EXCLUSIONS d. Waterborne material carried or otherwise
A.3. Water Damage is replaced by the following: 3. Water
This means: a. Flood, surface water, waves, including tidal
wave and tsunami, tides, tidal water, over- flow of any body of water, or spray from any of these, all whether or not driven by wind, including storm surge;
b. Water which: (1) Backs up through sewers or drains; or (2) Overflows or is otherwise discharged
from a sump, sump pump or related equipment;
c. Water below the surface of the ground, including water which exerts pressure on, or seeps, leaks or flows through a building, sidewalk, driveway, patio, foundation, swimming pool or other structure; or
moved by any of the water referred to in A.3.a. through A.3.c. of this Exclusion.
This Exclusion (A.3.) applies regardless of whether any of the above, in A.3.a. through A.3.d., is caused by an act of nature or is oth- erwise caused. This Exclusion (A.3.) applies to, but is not lim- ited to, escape, overflow or discharge, for any reason, of water or waterborne material from a dam, levee, seawall or any other boundary or containment system. However, direct loss by fire or explosion result- ing from any of the above, in A.3.a. through A.3.d., is covered. (In Form DP 00 03 07 88, this is item 1.c)
1. One or more containers, tanks or vessels which have a total combined storage ca- pacity of 100 or more U.S. gallons of liq- uid fuel; and: a. Are, or were, located on any single
location covered by "underlying insur- ance"; and
b. Are, or were, used to hold liquid fuel that is intended to be used for one or more of the following:
(1) To heat or cool a building; (2) To heat water; (3) To cook food; or (4) To power motor vehicles, other
motorized land conveyances, "air- craft" or "watercraft" owned by an "insured";
2. Any pumping device, which includes the motor, gauge, nozzle, hose or pipes that are, or were, connected to one or more containers, tanks or vessels described in H.1.;
3. Filler pipes and flues connected to one or more containers, tanks or vessels de- scribed in H.1.;
4. A boiler, furnace or a water heater, the liquid fuel for which is stored in a con- tainer, tank or vessel described in H.1.;
5. Fittings and pipes connecting the boiler, furnace or water heater to one or more containers, tanks or vessels described in H.1.; or
6. A structure that is specifically designed and built to hold the liquid fuel that es- capes from one or more containers, tanks or vessels described in H.1.
I. "Fungi" means: 1. Any type or form of fungus, including mold
or mildew, and; 2. Any mycotoxins, spores, scents or by-
products produced or released by "fungi". However, this does not include any "fungi" that are, are on, or are contained in, a good or product intended for human consumption.
Page 2 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1997 - Patrons Oxford Insurance Company
POUMB 05 09
POUMB 05 09
Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1997 - Patrons Oxford Insurance
Company
POUMB 05 09 Page 3 of 11
J. "Insured" means you or any dependent of yours who resides in your household and who is: 1. Your relative, including a ward or foster
child, and a. under the age of 21, or b. under the age of 23 and a full time
student. K. "Limit of liability" means the amount of
money shown in the Umbrella Declarations of the policy.
L. "Occurrence" means an accident, including continuous or repeated exposure to substan- tially the same general harmful conditions, which results, during the "policy period", in: 1. "Bodily injury"; or 2. "Property damage".
M. "Offense" means an act which results in "per- sonal injury" during the "policy period".
N. "Personal injury" means injury arising out of one or more of the following "offenses", but only if the "offense" was committed during the policy period: 1. False arrest, detention or imprisonment ; 2. Malicious prosecution; 3. The wrongful eviction from, wrongful en-
try into, or invasion of the right of private occupancy of a room, dwelling or prem- ises that a person occupies, if committed by or on behalf of its owner, landlord or lessor;
4. Oral or written publication of material that: a. Slanders or libels a person or
organization; b. Disparages a person's or organiza-
tion's goods, products or services; or c. Violates a person's right of privacy.
0 . "Policy period" means the time period shown on the Umbrella Declarations.
P. "Property damage" means: 1. Physical injury to; 2. Destruction of; or 3. Loss of use of; tangible property.
4. Moped or dirt bike; 5. Snowmobile; or 6. Any motorized land conveyance which is
principally designed for recreational use off public roads whether or not it is subject to motor vehicle registration.
R. "Retained limit" means the greater of 1. The sum of amounts applicable to any
claim or suit from: a. "Underlying insurance"; and b. Any other insurance available to an
"insured" whether such amounts are collectible or not; or
2. A deductible of $1,000 applicable to all: a. "Bodily injury" and "property dam-
age" resulting from any one "occur- rence" or
b. "Personal injury" sustained by any one person or business;
covered by this insurance but not covered by "Underlying insurance" or any other in- surance.
S. "Underlying insurance" means any policy pro- viding the "insured" with primary liability in- surance covering one or more of the types of liability listed in the Umbrella Declarations having limits not less than the minimum re- quired limits shown for that type of liability covering: 1. Any "auto(s)" owned by you, but only to
the extent that the auto(s) is covered by a separate primary insurance policy which is listed in the Umbrella Declara- tion as "UnderlyingInsurance";
2. Residences owned and occupied by you, but only to the extent that the residences owned and occupied by you are covered by a separate primary policy which is listed in the Umbrella Declaration as "Un- derlying Insurance";
3. One to four family dwellings, condomin-i ums, cooperatives, or apartment units owned by you and rented to others, but only to the extent that the one to four family dwellings, condominiums, coop- eratives, or apartment units owned by you and rented to others are covered by a separate primary policy which is listed on the Umbrella Declaration as "Underly- ing Insurance";
POUMB 05 09
Page 4 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1997 - Patrons Oxford Insurance
Company
POUMB 05 09
4. "'Watercraft", but only to the extent that
such watercraft are covered by a sepa- rate primary policy which is listed on the Umbrella Declaration as "Underlying In- surance";
5. "Recreational motor vehicle(s)", but only to the extent that such recreational motor vehicle(s) are covered by a separate pri- mary policy which is listed on the Um- brella Declaration as "Underlying Insur- ance".
T. "Watercraft" means a boat, ship; equipment for water transport.
II. Coverages
A. Insuring Agreement Subject to our "limit of liability", we will pay damages, in excess of the "retained limit" , for which an "insured" becomes legally liable for: 1. "Bodily injury" or "property damage" due
to an "occurrence"; or 2. "Personal injury" due to an "offense", to
which this insurance applies. Damages include prejudgment interest awarded against an "insured".
B. Defense Coverage 1. If a claim is made or a suit is brought
against an "insured" for damages because of "bodily injury" or "property damage" caused by an "occurrence" or "personal injury" caused by an "offense" to which this insurance applies, we: a. Will provide a defense at our expense
by counsel of our choice, even if the suit is groundless, false or fraudulent. However, we are not obligated to de- fend any suit or settle any claim if:
(1) The "occurrence" or "offense" is covered by "underlying insurance" or any other insurance; or
(2) There is no applicable "underlying insurance" or other insurance in ef- fect at the time of the "occurrence" or "offense" and the amount of damages claimed or incurred is less than the applicable deductible amount of $1,000.
b. May join, at our expense, with the "in- sured" or any insurer providing insur- ance in the investigation, defense or settlement of any claim or suit which we believe may require payment un- der this insurance.
However, we will not contribute to the costs and expenses incurred by any insurer providing "underlying insur- ance".
c. Will pay any expense incurred for the "insured's" defense, with our written consent, in any country where we are prevented from defending an "in- sured" because of laws or other rea- sons.
2. We may investigate and settle any claim or suit that we deem appropriate. Our duty to settle or defend ends when we tender or pay the maximum "limit of liability" without the need for judgment or settle- ment of the lawsuit or a release by the claimant.
C. Additional Coverages We will pay: 1. Expenses we incur and costs taxed
against an "insured" in any suit we de- fend;
2. Premiums on bonds required in a suit we defend, but not for bond amounts to the extent they exceed our "limit of liability". We need not apply for or furnish any bond; and
3. Reasonable expenses incurred by an "in- sured" at our request, including actual loss of earnings (but not loss of other in- come) up to $250 per day, for assisting us in the investigation or defense of a claim or suit; and
4. Interest on our share of the judgment which accrues after entry of the judgment and before we pay or tender, or deposit in court, that part of the judgment which does not exceed the "limit of liability " that applies.
These payments will not reduce the limit of liability .
POUMB 05 09
Inc., with its permission. 1997 - Patrons Oxford Insurance Company
D. Limit of Liability 1. Our total liability for all damages result-
ing from an "occurrence" or "offense" arising during the "policy period" will not be more than the "limit of liability" as shown in the Umbrella Declarations. This limit is the most we will pay regard- less of the number of: a. "insureds"; b. claims made; c. persons injured; d. vehicles involved in an accident; or e. suits brought.
Ill. Exclusions
A. The coverages provided by this policy do not apply to: 1. "Bodily injury" or "property damage" aris-
ing out of: a. criminal acts; or b. an act which is expected or in-
tended by an "insured" to cause "bodily injury" or "property damage".
This Exclusion (A.1.) applies even if the "bodily injury" or "property dam- age":
a. Is of a different kind, quality or de- gree than expected or intended ; or
b. Is sustained by a different person or entity than expected or intended.
However, this Exclusion (A.1.) does not apply to:
a. "Bodily injury" resulting from the use of reasonable force by an "insured" to protect persons or property; or
b. "Bodily injury" or "property damage" resulting from the use of reasonable force by an "insured" to prevent or eliminate danger in the operation of "autos", "recreational motor vehi- cles" or "watercraft".
2. "Personal injury": a. Arising out of oral or written publica-
tion of material; (1) If done by or at the direction of the "insured" with knowledge of its falsity; (2) First published before the begin- ning of the "policy period";
b. Arising out of a criminal act commit- ted by or at the direction of one or more "insureds";
c. Sustained by any person as a result of an "offense" directly or indirectly related to the employment of any person by any "insured"; or
d. Caused by or at the direction of an "insured" with the knowledge that the act would violate the rights of an- other and would inflict "personal in- jury".
3. "Bodily injury", "personal injury" or "prop- erty damage" arising out of the rental or holding for rental of any part of any prem- ises by an "insured". However, this Exclu- sion (A.3.) does not apply to the rental or holding for rental of: a. The residence premises shown in the
Declarations of the Homeowners pol- icy which is listed in the Umbrella Dec- larations as "UnderlyingInsurance": (1) On an occasional basis if used only
as a residence; (2) In part, for use only as a residence,
unless a single family unit is in- tended for use by the occupying family to lodge more than two roomers or boarders; or
(3) In part, as an office, school, studio or private garage;
b. Any part of a one to four family dwell- ing, condominium, cooperative, or apartment unit other than the resi- dence premises to the extent that per- sonal liability coverage is provided by "underlying insurance".
4. "Bodily injury", "personal injury" or "prop- erty damage" arising out of or in connec- tion with a "business" engaged in by an "insured". This Exclusion (A.4.) applies but is not limited to an act or omission, regardless of its nature or circumstance, involving a service or duty rendered, promised, owed, or implied to be provided because of the nature of an "insured's" "business". However, this Exclusion (A.4.) does not apply to: a. Civic or public activities performed by
an "insured" without compensation other than reimbursement of ex- penses;
POUMB 05 09 Includes copyrighted material of Insurance Services Office, Page 5 of 11
POUMB 05 09
Inc., with its permission. 1997 - Patrons Oxford Insurance Company
b. An "insured" minor involved in self-
employed "business" pursuits, which are occasional or part-time and cus- tomarily undertaken on that basis by minors. A minor means a person who has not attained his or her:
(1) 18th birthday; or (2) 23rd birthday if a full-time student;
c. The providing of home day care ser- vice, but only when:
(1) An "insured" renders such service to a relative; or
(2) A mutual exchange of home day care services agreement exists which involves no monetary or other compensation;
d. The use of an "auto" you own, or a temporary substitute for such "auto", by:
(1) You,; (2) An "insured"; and
while employed or otherwise engaged in the "business" of:
a. Selling; b. Repairing ; c. Servicing; d. Storing; or e. Parking;
vehicles designed for use mainly on public highways;
e. The use of an "auto" for "business" purposes, other than an "auto" busi- ness, by an "insured". However, we do not provide coverage for liability aris- ing out of the ownership or operation of an "auto" while it is being used as a public or livery conveyance. This Ex- clusion (A.4.e) includes but is not lim- ited to the carrying of a person or property for a fee, other than a share- the expense car pool.
5. "Bodily injury", "personal injury" or "prop- erty damage" arising out of the rendering of or failure to render professional ser- vices.
6. "Bodily injury" or "property damage" aris- ing out of: a. The ownership, maintenance, use,
loading or unloading of any "aircraft"; b. The entrustment to others of any "air-
craft" by any "insured"; or
c. Vicarious liability for the actions of a child or minor using any "aircraft".
7. "Bodily injury" or "property damage" aris- ing out of: a. The ownership, maintenance, use,
loading or unloading of any "water- craft";
b. The entrustment to others of any "wa- tercraft" by any "insured"; or
c. Vicarious liability for the actions of a child or minor using any "watercraft".
However, this Exclusion (A.7.) does not apply to the extent that "watercraft" liabil- ity coverage is provided to any "insured" by "underlying insurance" at the time of the "occurrence".
8. "Bodily injury" or "property damage" aris- ing out of: a. The ownership, maintenance, use,
loading or unloading of any "recrea- tional motor vehicle" owned by you or any "insured";
b. The entrustment to others of any "recreational motor vehicle", owned by you or any "insured"; or
c. Vicarious liability for the actions of a child or minor using any "recreational motor vehicle" owned by you or any "insured".
However, this Exclusion (A.8.) does not apply to the extent that "recreational mo- tor vehicle" liability coverage is provided to any "insured" by "underlying insurance" at the time of the "occurrence".
9. "Bodily injury" or "property damage" aris- ing out of or in connection with: a. The ownership, maintenance, use,
loading or unloading of "autos" owned or operated by or rented or loaned to any "insured";
b. The entrustment to others of an "auto" by any "insured"; or
c. Vicarious liability for the actions of a child or minor using an "auto".
However, this Exclusion (A.9.) does not apply to: a. You ; b. Any "insured" operating a vehicle that
is: (1) not owned by that "insured"; or
Page 6 of 11 Includes copyrighted material of Insurance Services Office, POUMB 05 09
POUMB 05 09
Inc., with its permission. 1997 - Patrons Oxford Insurance Company
(2) not furnished for that "in- sured's" regular use; or
To the extent that "auto" liability coverage is provided to any "insured" by "underlying insurance" at the time of the "occurrence".
10. "Bodily injury" , "personal injury" or "prop- erty damage" arising out of the ownership, maintenance and use of, or in connection with, any part of any premises owned by an "insured" and not covered by a policy listed in the Personal Umbrella Liability Policy Declarations as "Underlying Insurance".
11. "Bodily injury" or "property damage" caused directly or indirectly by war, including the following and any consequence of any of the following: a. Undeclared war, civil war, insurrection,
rebellion or revolution; b. Warlike act by a military force or mili-
tary personne;l or c. Destruction, seizure or use for a mili-
tary purpose. Discharge of a nuclear weapon will be deemed a warlike act even if accidental.
12. The use of "autos", "recreational motor vehicles" or "watercraft" while they are being operated in, or practicing for, any prearranged or organized race, speed contest or other similar competition. How- ever, this Exclusion (A.12.) does not apply to: a. Sailboats; or b. "Watercraft" involved in predicted log
cruises.
15. "Bodily injury", "personal injury" or "prop- erty damage" arising out of an act or omission of any "insured" while serving as an officer or member of a board of direc- tors of a business. However, this Exclu- sion (A.15.) does not apply if the business is not-for-profit; and the "insured" receives no compensation other than expense re- imbursement.
16. "Property damage" to property owned by an "insured". This includes costs or ex- penses incurred by an "insured" or others to repair, replace, enhance, restore or maintain such property to prevent injury to a person or damage to property of others, whether on or away from the residence premises shown in the Declarations;
17. "Property damage" to property rented to, occupied or used by, or in the care, cus- tody or control of, an "insured" to the ex- tent that the "insured" is obligated by con- tract to provide insurance for such property. However, this Exclusion (A.17.) does not apply to "property damage" caused by fire, smoke or explosion;
18. "Bodily injury" to any person eligible to receive any benefits: a. Voluntarily provided; or b. Required to be provided; by any "insured" under any: a. Workers compensation law; b. Non-occupational disability law; or c. Occupational disease law.
19. "Bodily injury" or "property damage" for 13 .
14.
"Bodily injury" or "personal injury" to you or any "insured". "Bodily injury" or "personal injury" arising out of: a. The transmission of a communicable
disease by an insured; b. Sexual molestation, corporal punish-
ment; or physical or mental abuse; or c. The use, sale, manufacture, delivery,
transfer or possession by any person of a controlled substance(s) as defined by the Federal Food and Drug Law at 21 U.S.C.A. Sections 811 and 812. Controlled Substances include but are not limited to cocaine, LSD, marijuana and all narcotic drugs. However, this Exclusion (A14.) does not apply to the legitimate use of prescription drugs by a person following the orders of a li- censed physician;
20. .
which any "insured" under this policy: a. Is also an "insured" under a nuclear
energy liability policy issued by the: (1) Nuclear Energy Liability Insurance
Association ; (2) Mutual Atomic Energy Liability
Underwriters; or (3) Nuclear Insurance Association of
Canada; or any of their successors; or
b. Would be an "insured" under that pol- icy but for the exhaustion of its limit of liability .
"Bodily injury", "personal injury" or "prop- erty damage" arising out of or in connec- tion with the escape of fuel from a "fuel system".
POUMB 05 09 Includes copyrighted material of Insurance Services Office, Page 7 of 11
Inc., with its permission. 1997 - Patrons Oxford Insurance Company
POUM8 05 09
21. "Bodily injury" or "personal injury" arising out of or in connection with the absorp- tion, ingestion or inhalation of lead.
22. "Personal injury" or "property damage" arising out of or in connection with lead contamination.
23. "Bodily Injury", "personal injury" or "prop- erty damage" arising out of the presence of or exposure to:
8. Liability coverage does not apply to any as-
sessment charged against any "insured" as a member of an association, corporation or com - munity of property owners.
C. We do not provide: 1. Automobile no-fault or any similar cover-
age under this policy; or 2. Uninsured or Underinsured Motorists
Coverage, or any similar coverage; a. Chemical irritants; or b. Biological irritants. IV. Maintenance of Underlying Insurance
24. "Bodily injury", "personal injury" or "prop- erty damage" arising directly or indirectly, in whole or in part, out of inhalation of, in- gestion of, contact with, exposure to, exis- tence of, or presence of any "fungi", wet or dry rot, or bacteria.
25. "Bodily injury", "personal injury" or "prop- erty damage" arising directly or indirectly in whole or in part out of pollution to: a. Land;
You must maintain the "underlying insurance" at the full limits stated in the Umbrella Declarations with no change to more restrictive conditions during the term of this Policy. If any "underlying insurance" is cancelled or not renewed and not replaced, you must notify us at once. If you fail to maintain "underlying insurance", this insurance shall apply as if the limits of such "un- derlying "insurance" were in full force and effect.
b. Water; or c. Air; V. Duties After Loss including any cost or expense arising out of a request or demand that you or others: d. test for; e. monitor; f. clean up; g. treat; h. remove; i. contain; or j. detoxify;
such pollutants. Pollutant means any solid, liquid, gaseous or thermal irritant or contaminant. This in- cludes:
k. smoke; I. vapor; m. soot; n. fumes; o. acids; p. alkalis; q. chemicals; or r. wastes, including materials to be re-
cycled, reconditioned or reclaimed.
A. In case of an "occurrence" or "offense", you must give written notice to us or our agent as soon as is practical. Such notice shall set forth:
1. The identity of the policy and any involved "insured"; and
2. Reasonably available information about the time, place and circumstances of the "occurrence" or "offense"; and
3. The names and addresses of any claim- ants and witnesses.
8. If a claim is made or a suit is brought against any "insured ", that "insured" or you, acting on their behalf, must:
1. Notify us immediately in writing; 2.Cooperate with us in the investigation,
settlement or defense of any claim or suit; 3. Promptly forward to us every:
a. Notice; b. Demand; c. Summons; or d. Other process;
relating to the "occurrence" or "offense"; 4. At our request, help us:
a. To make settlement;
Page 8 of 11 Includes copyrighted material of Insurance Services Office, POUM8 05 09
Inc., with its permission. 1997 - Patrons Oxford Insurance Company
POUMB 05 09
b. To enforce any right of contribution or indemnity against any person or organization who may be liable to an "insured";
c. With the conduct of suits and attend hearings and trials; and
d. To secure and give evidence and obtain the attendance of witnesses.
C. No "insured" will, except at that "insured's" own cost, voluntarily make payments, as- sume obligations or incur expenses to others.
VI. General Provisions
A. Appeals If the "insured" or any other insurer elects not to appeal a judgment which exceeds the "re- tained limit", we may do so at our own ex- pense. We will pay all:
1. Costs; 2. Taxes; 3. Expenses; and 4. Interest;
related to our appeal. The amounts we pay will be in addition to our "limit of liability".
B. Bankruptcy of an Insured Bankruptcy or insolvency of either you or any "insured" will neither: 1. Relieve us of our obligations under this
policy; nor 2. Operate to cause this policy to become
primary in the event you are unable to satisfy the "retained limit" either because of insufficient "underlying insurance" or insufficient personal assets.
C. Bankruptcy of an Underlying Insurer In the event of bankruptcy or insolvency of any underlying insurer, the insurance af- forded in the Umbrella Policy shall not re- place such "underlying insurance", but shall apply as if the "underlying insurance" was valid and collectible,
D. Fraud We do not provide coverage for any "insured" who, whether before or after a loss, has: 1. Made fraudulent statements in the appli-
cation for insurance; or
2. Engaged in fraudulent conduct in con- nection with any "occurrence" or "of- fense" for which coverage is sought un- der this policy.
E. Liberalization Clause If we make a change which broadens cover- age under this edition of our policy without additional premium charge, that change will automatically apply to your insurance as of the date we implement the change in your state, provided that this date falls within 60 days prior to or during the time this policy is in effect. This Clause does not apply to changes im- plemented through introduction of a subse- quent edition of our policy.
F. Other Insurance The coverage afforded by this policy is ex- cess over any other insurance available to an "insured", except insurance written specifi- cally to be excess over this policy.
G. Our Right to Recover Payment If we make a payment under this policy, we are entitled to exercise the "insured's" rights of recovery against any person liable for the loss. The "insured" must do nothing after loss to prejudice those rights.
H. Policy Period And Territory The policy period is stated in the Declara- tions. This policy applies to an "occurrence" or "offense" which takes place anywhere in the world.
I. Severability Of Insurance This insurance applies separately to each "in- sured" against whom claim is made or suit is brought. However, this provision will not in- crease our "limit of liability " for any one "oc- currence" or "offense".
J. Suit Against Us 1. No legal action can be brought against us:
a. Unless there has been full compliance with all the terms of this policy; and
b. Until the obligation of the "insured" has been determined by final judgment or an agreed settlement signed by us, the "insured" and the claimant or claim- ant's legal representative.
2. No person or organization has any right under this policy to join us as a party to any legal action against an "insured".
POUMB 05 09 Includes copyrighted material of Insurance Services Office, Page 9 of 11
Inc., with its permission. 1997 - Patrons Oxford Insurance Company
POUMB 05 09
K. Termination 1. Cancellation By You
You may cancel this policy by: a. Returning it to us; or b. Giving us advance written notice of the
date cancellation is to take effect. 2. Cancellation By Us
This policy shall be cancelled: a. If we give you advance written notice
of the date cancellation takes effect. When canceling under this provision, we will cancel in the following man- ner:
(i) When this policy has been in effect for less than 60 days and is not a renewal with us, by letting you know at least 10 days before the date cancellation takes ef- fect;
(ii) When this policy has been in effect for 60 days or more, or at any time if it is a renewal with us, by letting you know at least 30 days before the date cancellation takes effect.
b. We may cancel this policy for one or more of the following reasons: (i) Nonpayment of premium;
(ii) Fraud or material misrepresen- tation made by you or with your consent in obtaining the policy, continuing the policy or in pre- senting a claim under the pol- icy;
(iii) Substantial change in the risk which increases the risk of loss after insurance coverage has been issued or renewed, includ- ing, but not limited to, an in- crease in exposure due to regu- lation, legislation or court decision;
(iv) Failure to comply with reason- able loss control recommenda- tions;
(v) Substantial breach of contrac- tual duties, conditions or war- ranties; or
(vi) Determination by the superin-
tendent of insurance that the continuation of a class or block of business to which the policy belongs will jeopardize our sol- vency or will place us in viola- tion of the insurance laws of Maine or any other state.
This cancellation notice may be delivered or mailed to you at your mailing address shown in the declarations of this policy. Proof of mailing will be sufficient proof of notice.
3. Nonrenewal We may elect not to renew this policy by: a. Letting you know in writing at least 30
days before the expiration date of the policy.
We may do so by delivering, or mailing such notice of Nonrenewal to you at your mailing address shown in the Declarations of this policy. Proof of mailing will be suf- ficient proof of notice.
4. Other Termination Provisions a. When this policy is cancelled, the pro
rata premium for the period from the date of cancellation to the expiration date will be refunded to you.
b. If the return premium is not refunded with the notice of cancellation or when this policy is returned to us, we will re- fund it within a reasonable time after the date cancellation takes effect.
c. Cancellation will be effective even if we have not made or offered a refund.
L. Transfer of Your Interest In This Policy 1. Your rights and duties under this policy
may not be assigned without our written consent. However, if you die, coverage will be provided for: a. Your surviving spouse if resident in the
same household at the time of your death. Coverage applies to the spouse as if they were a named "insured" shown in the Declarations;
b. Any member of your household who is an "insured" at the time of your death, but only while a resident of the resi- dence premises; or
Page 10 of 11 Includes copyrighted material of Insurance Services Office, POUMB 05 09
Inc., with its permission. 1997 - Patrons Oxford Insurance Company
POUMB 05 09
c. The legal representative of the de- ceased person as if they were a named "insured" shown in the Declara- tions. This applies only with respect to the representative's legal responsibility to maintain or use your "autos" or premises covered under this policy.
Coverage will only be provided until the end of the "policy period".
M. Waiver or Change of Policy Provisions This policy contains all the agreements be- tween you and us. Its terms may not be changed or waived except by endorsement issued by us. If a change requires a premium adjustmen,t we will adjust the premium as of the effective date of the change.
POUMB 05 09 Includes copyrighted material of Insurance Services Office, Page 11 of 11
PERSONAL SNOWMOBILE PS 00 01 10 09
Includes copyrighte d material of Insurance Services Office, Inc., with its permission. Copyrig ht, Ins urance Services Office, Inc., 1997, 1998, 1999, 2009
Patrons Oxford Insurance Company
PS 00 0110 09 Page 1 of 15
PERSONAL SNOWMOBILE POLICY
AGREEMENT
In return for payment of the premium and subject to all the terms of this policy, we agree with you as follows:
DEFINITIONS
A. Throughout this policy, "you" and "your" refer to:
1. The "named insured" shown in the Declarations; and
2. The spouse if a resident of the same household.
B. "We", "us" and "our" refer to the
Company providing this insurance.
Other words and phrases are defined. They are in quotation marks when used.
C. "Bodily injury" means bodily harm,
sickness or disease, including death that results.
D. "Business" includes trade, profession or
occupation .
E. "Family member" means a person related to you by blood, marriage or adoption who is a resident of your household. This includes a ward or foster child.
F. "Occupying" means in, upon, getting in,
on, out or off.
G. "Property damage" means physical injury to, destruction of or loss of use of tangible property.
H. "Snowmobile trailer'' means a vehicle
designed to transport a snowmobile and be pulled by a:
1. Private passenger auto; or
2. Pickup or van.
I. "Snowmobile " means: 1. A land motor vehicle which is:
a. Designed for use mainly off public roads on snow or ice; and
b. Propelled solely by means of the following or similar mechanical devices: (1) Crawler-type treads; or
(2) Belts.
2. A caboose designed for being towed by, but not for transporting, a vehicle described in 1. above.
However, "snowmobile" does not include any vehicle which is propelled by airplane type propellers or fans.
J. "Your covered snowmobile" means:
1. Any "snowmobile" or "snowmobile trailer" shown in the Declarations that is factory produced.
2. Any "snowmobile" on the date you become the owner. This provision applies only if you: a. Acquire the "snowmobile" during
the policy period; and
b. Ask us to insure it within 14 days after you become the owner.
3. Any "snowmobile" or "snowmobile trailer" you do not own while used as a temporary substitute for any other "snowmobile"described in this definition which is out of normal use because of its: a. Breakdown;
b. Repair ;
c. Servicing;
d. Loss; or
e. Destruction.
PERSONAL SNOWMOBILE PS 00 01 10 09
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1989, 1997, 1999, 2009
Patrons Oxford Insurance Company
PS 00 0110 09 Page 2 of 15
This provision (J.3) does not apply to Coverage For Damage To Your "snowmobile".
K. "Newly acquired snowmobile":
1. Coverage for a "newly acquired snowmobile" is provided as described below. If you ask us to insure a "newly acquired snowmobile" after a specified time period described below has elapsed, any coverage we provide for a "newly acquired snowmobile" will begin at the time you request the coverage.
a. For any coverage provided in this policy except Coverage For Damage To Your Snowmobile, a "newly acquired snowmobile" will have the broadest coverage we provide for any snowmobile or snowmobile trailer shown in the Declarations. Coverage begins on the date you become the owner. However, for this coverage to apply to a "newly acquired snowmobile" which replaces a snowmobile shown on the Declarations or is in addition to any vehicle shown in the Declarations, you must ask us to insure it within 14 days after you become the owner.
b. Physical Damage Coverage, which includes Collision and Other Than Collision Coverage, for a "newly acquired snowmobile" begins on the date you become the owner. However, for this coverage to apply, you must ask us to insure it within: (1) 14 days after you become the
owner if the Declarations indicate that Physical Damage Coverage applies to at least one snowmobile. In this case, the "newly acquired snowmobile" will have the broadest coverage we now provide for any snowmobile shown in the Declarations.
(2) Four days after you become
the owner if the Declarations do not indicate that Physical Damage applies to at least one snowmobile. If you comply with the 4 day requirement and a loss occurred before you asked us to insure the "newly acquired snowmobile", an Other Than Collision or Collision Coverage deductible of $500 will apply.
PART A - LIABILITY COVERAGE
INSURING AGREEMENT
A. We will pay damages for "bodily injury" or "property damage" for which any "insured" becomes legally responsible because of a snowmobile accident. Damages include prejudgment interest awarded against the "insured". We will settle or defend, as we consider appropriate, any claim or suit asking for these damages. In addition to our limit of liability, we will pay all defense costs we incur. Our duty to settle or defend ends when our limit of liability for this coverage has been exhausted by payment of judgments or settlements. We have no duty to defend any suit or settle any claim for
"bodily injury" or "property damage" not covered under this policy.
B. "Insured" as used in this Part means:
1. You or any "family member" for the ownership, maintenance or use of any "snowmobile" or "snowmobile trailer".
2. Any person using "your covered snowmobile".
3. For "your covered snowmobile", any person or organization but only with respect to legal responsibility for acts or omissions of a person for whom coverage is afforded under this Part.
PERSONAL SNOWMOBILE PS 00 01 10 09
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1989, 1997, 1999, 2009
Patrons Oxford Insurance Company
PS 00 0110 09 Page 3 of 15
4. For any "snowmobile" or "snowmobile trailer'', other than "your covered snowmobile", any other person or organization but only with respect to legal responsibility for acts or omissions of you or any "family member" for whom coverage is afforded under this Part. This Provision (8.4 .) applies only if the person or organization does not own or hire the "snowmobile" or "snowmobile trailer".
SUPPLEMENT ARY PAYMENTS
In addition, we will pay on behalf of an "insured":
1. Post- judgment Interest We will pay, in accordance with Maine law, interest on the entire judgment which accrues after entry of the judgment and before we pay or tender, or deposit in court that part of the judgment which does not exceed the limit of liability that applies.
This coverage is additional insurance. No deductible applies to this coverage.
2. Other reasonable expenses, incurred by the Insured at the Company's request.
EXCLUSIONS
A. We do not provide Liability Coverage for
any "insured": 1. Who intentionally causes "bodily
injury" or "property damage ".
2. For "property damage" to property owned or being transported by that "insured".
3. For "property damage" to property:
a. Rented to;
b. Used by; or
c. In the care of; that "insured".
This Exclusion (A.3.) does not apply to "property damage" to a residence or private garage.
4. For "bodily injury" to an employee of that "insured" during the course of employment. This Exclusion (A.4.) does not apply to "bodily injury " to a domestic employee unless workers' compensation benefits are required or available for that domestic employee.
5. For that "insured's" liability arising out of the ownership or operation of a vehicle while it is being used as a public or livery conveyance.
6. Maintaining or using a snowmobile in any "business".
7. Using a snowmobile without a reasonable belief that that "insured" is entitled to do so. This Exclusion (A.7.) does not apply to a "family member using "your covered snowmobile" which is owned by you.
8. For "bodily injury" or "property damage" for which that "insured": a. Is an insured under a nuclear
energy liability policy; or
b. Would be an insured under a nuclear energy liability policy but for its termination upon exhaustion of its limit of liability .
A nuclear energy liability policy is a policy issued by any of the following or their successors:
a. Nuclear Energy Liability Insurance Association;
b. Mutual Atomic Energy Liability Underwriters; or
c. Nuclear Insurance Association of Canada.
B. We do not provide Liability Coverage for
the ownership, maintenance or use of: 1. Any "snowmobile", other than "your
covered snowmobile" which is: a. Owned by you; or
b. Furnished or available for your regular use.
PERSONAL SNOWMOBILE PS 00 01 10 09
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1989, 1997, 1999, 2009
Patrons Oxford Insurance Company
PS 00 0110 09 Page 4 of 15
2. Any "snowmobile", other than "your covered snowmobile" which is: a. Owned by any "family member";
or
b. Furnished or available for the regular use of any "family member".
However, this Exclusion (8.2.) does not apply to you while you are maintaining or "occupying" any snowmobile which is:
a. Owned by a "family member" or
b. Furnished or available for the regular use of a "family member".
3. We do not provide Liability Coverage for the ownership, maintenance or use of any "snowmobile": a. Operated in; or
b. While in practice or preparation for; any racing or speed contest regardless of whether such contest is prearranged or organized .
4. We do not provide Liability Coverage for the ownership, maintenance or use of any "snowmobile"while rented or leased to any "insure d" or organization other than you.
LIMIT OF LIABILITY
A. The limit of liability shown in the
Declarations for each person for Bodily Injury Liability is our maximum limit of liability for all damages, including damages for care, loss of services or death, arising out of "bodily injury " sustained by any one person in any one snowmobile accident. Subject to this limit for each person, the limit of liability shown in the Declarations for each accident for Bodily Injury Liability is our maximum limit of liability for all damages for "bodily injury" resulting from any one snowmobile accident.
The limit of liability shown in the Declarations for each accident for Property Damage Liability is our maximum limit of liability for all "property damage" resulting from any one snowmobile accident.
This is the most we will pay regardless of the number of: 1. "Insureds";
2. Claims made;
3. Snowmobiles or premiums shown in the Declarations; or
4. Snowmobiles involved in the snowmobile accident.
B. No one will be entitled to receive
duplicate payments for the same elements of loss under this coverage and: 1. Part B or Part C of this policy; or
2. Any Underinsured Snowmobile coverage provided by this policy.
OUT OF STATE COVERAGE
If a snowmobile accident to which this policy applies occurs in any state or province other than the one in which "your covered snowmobile" is principally garaged, we will interpret your policy for that accident as follows:
A. If the state or province has:
A compulsory insurance or similar law for snowmobiles, requiring a nonresident to maintain insurance whenever the nonresident uses a snowmobile in that state or province, your policy will provide at least the required minimum amounts and types of coverage.
B. No one will be entitled to duplicate
payments for the same elements of loss.
OTHER INSURANCE Any insurance we provide shall be excess over any other collectible insurance.
PERSONAL SNOWMOBILE PS 00 01 10 09
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1989, 1997, 1999, 2009
Patrons Oxford Insurance Company
PS 00 0110 09 Page 5 of 15
PART 8-MEDICAL PAYMENTS COVERAGE
INSURING AGREEMENT
A. We will pay reasonable expenses incurred for necessary medical and funeral services because of "bodily injury":
1. Caused by accident ; and 2. Sustained by an "insured".
We will pay only those expenses incurred for services rendered within 3 years from the date of the accident.
B. "Insured" as used in this part means:
1. You or any "family member": a. While "occupying"; or b. As a pedestrian when struck by;
a "snowmobile" or a "snowmobile trailer".
2. Any other person while "occupying" "your covered snowmobile".
EXCLUSIONS
We do not provide Medical Payments Coverage for any "insured" for "bodily injury" :
1. Sustained while "occupying" "your covered snowmobile" when it is being used as a public or livery conveyance.
2. Occurring during the course of employment if workers' compensation benefits are required or available for the "bodily injury".
3. Sustained while "occupying" or when struck by, any "snowmobile" (other than "your covered snowmobile") which is: a. Owned by you; or
b. Furnished or available for your regular use.
4. Sustained while "occupying", or when struck by, any "snowmobile" (other than "your covered snowmobile") which is: a. Owned by any "family member";
or
b. Furnished or available for the
regular use of any "family member".
However, this Exclusion (4.) does not apply to you.
5. Sustained while "occupying: a snowmobile without a reasonable belief that that "insured" is entitled to do so. This Exclusion (5.) does not apply to a "family member" using "your covered snowmobile" which is owned by you.
6. Sustained while "occupying" a "snowmobile" when it is being used in the "business" of an "insured".
7. Caused by or as a consequence of: a. Discharge of a nuclear weapon
(even if accidental);
b. War (declared or undeclared);
c. Civil War;
d. Insurrection; or
e. Rebellion or revolution.
8. From or as a consequence of the following, whether controlled or uncontrolled or however caused: a. Nuclear reaction;
b. Radiation; or
c. Radioactive contamination.
9. Sustained while "occupying" any "snowmobile": a. Operated in; or
b. While in practice or preparation for; any racing or speed contest regardless of whether such contest is prearranged or organized .
10. Sustained while "occupying" any "snowmobile" while rented or leased to any organization or any "insured" other than you.
PERSONAL SNOWMOBILE PS 00 01 10 09
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1989, 1997, 1999, 2009
Patrons Oxford Insurance Company
PS 00 0110 09 Page 6 of 15
LIMIT OF LIABILITY
A. The limit of liability shown in the Declarations for this coverage is our maximum limit of liability for each person injured in any one accident. This is the most we will pay regardless of the number of: 1. "Insureds";
2. Claims made; 3. Snowmobiles or premiums shown in
the Declarations; or
4. Snowmobiles involved in the accident.
B. No one will be entitled to receive
duplicate payments for the same elements of loss under this coverage and: 1. Part A. or Part C of this policy; or
2. Any Underinsured Snowmobile Coverage provided by this policy.
OTHER INSURANCE
Any insurance we provide shall be excess over any other collectible insurance providing payments for medical or funeral expenses.
PART C - UNINSURED SNOWMOBILE COVERAGE
Uninsured "snowmobile" as used in this Part means a "snowmobile". Except for a "snowmobile", a vehicle operated on rails or crawler-treads is not an "uninsured snowmobile".
INSURING AGREEMENT
A. We will pay compensatory damages
which an "insured" is legally entitled to recover from the owner or operator of an uninsured "snowmobile" because of "bodily injury": 1. Sustained by an "insured"; and
2. caused by an accident.
The owner's or operator's liability for these damages must arise out of the ownership, maintenance or use of the "uninsured snowmobile".
Any judgment for damages arising out of a suit brought without our written consent is not binding on us.
B. "Insured" as used in this Part means:
1. You or any "family member".
2. Any other person "occupying" "your covered snowmobile".
3. Any person for damages that person is entitled to recover because of "bodily injury" to which this coverage applies sustained by a person described in 1. or 2. above.
C. "Uninsured snowmobile" means a
"snowmobile" or "snowmobile trailer": 1. To which no bodily injury liability
bond or policy applies at the time of the accident.
2. To which a bodily injury liability bond or policy applies at the time of the accident. In this case its limit for bodily injury liability must be less than the limit of liability for this coverage.
We will pay under this coverage only if a. or b. below applies:
a. The limits of liability under any bodily injury liability bonds or policies applicable to the "uninsured snowmobile" have been exhausted by payment of judgments or settlements; or
PERSONAL SNOWMOBILE PS 00 01 10 09
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1989, 1997, 1999, 2009
Patrons Oxford Insurance Company
PS 00 0110 09 Page 7 of 15
b. A tentative settlement has been made between an "insured" and the insurer of the "uninsured snowmobile" and we: (1) Have been given
prompt written notice of such tentative settlement; and
(2) Advance payment to the "insured" in an amount equal to the tentative settlement within 30 days after receipt of notification.
3. Which is a hit-and-run "snowmobile" whose operator or owner cannot be identified and which hits or which causes an accident resulting in "bodily injury" without hitting: a. You or any "family
member";
b. A "snowmobile" which you or any "family member" are "occupying"; or
c. "Your covered snowmobile". If there is no physical contact with the hit-and-run "snowmobile", the facts of the accident must be proved. We will only accept competent evidence which may include the testimony, under oath, of a person making claim under this or any similar coverage.
4. To which a bodily injury liability bond or policy applies at the time of the accident but the bonding or insuring company: a. Denies coverage; or
b. Is or becomes insolvent.
However, "uninsured snowmobile" does not include any "snowmobile" or equipment: 1. Owned by or furnished or
available for the regular use of you or any "family member".
2. Owned or operated by a self- insurer under any applicable motor vehicle law, except a self- insurer which is or becomes insolvent.
3. Owned by any governmental unit or agency.
4. Operated on rails or crawler treads, except for a "snowmobile".
5. Designed mainly for use off public roads while not on public roads, except for a "snowmobile".
EXCLUSIONS
A. We do not provide Uninsured
Snowmobile Coverage for "bodily injury" sustained: 1. By you while "occupying", or when
struck by, any "snowmobile" you own which is not insured for this coverage under this policy. This includes a snowmobile trailer used with that snowmobile.
2. By a "family member": a. Who owns a "snowmobile ", while
"occupying" or when struck by, any "snowmobile" owned by you or any "family member" which is not insured for this coverage under this policy. This includes a snowmobile trailer used with that snowmobile.
b. Who does not own a snowmobile, while "occupying", or when struck by, any snowmobile you own which is insured for this coverage on a primary basis under any other policy.
We do not provide Uninsured Snowmobile Coverage for "bodily injury" sustained by any "insured":
1. If that "insured" or the legal representative settles the "bodily injury" claim without our consent.
2. While "occupying" "your covered snowmobile" when it is being used as a public or livery conveyance.
PERSONAL SNOWMOBILE PS 00 01 10 09
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1989, 1997, 1999, 2009
Patrons Oxford Insurance Company
PS 00 0110 09 Page 8 of 15
3. Using a "snowmobile " without a reasonable belief that that "insured" is entitled to do so. This Exclusion (B.3.) does not apply to a "family member" using "your covered snowmobile" which is owned by you.
B. We do not provide Uninsured
Snowmobile Coverage for "bodily injury" sustained by any "insured":
1. If that "insured" or the legal representative settles the "bodily injury" claim without our consent.
However, this Exclusion ( B.1.) does not apply:
a. If such settlement does not prejudice our right to recover payment; or
b. To a settlement made with the insurer of a "snowmobile" described in Section C. of the definition of "uninsured snowmobile".
LIMIT OF LIABILITY
A. The limit of liability shown in the Declarations for each person for Uninsured Snowmobile Coverage is our maximum limit of liability for all damages, including damages for care, loss or services or death, arising out of "bodily injury" sustained by any one person in any one accident. Subject to this limit for each person, the limit of liability shown in the Declarations for each accident for Uninsured Snowmobile Coverage is our maximum limit of liability for all damages for "bodily injury" resulting from any one accident. This is the most we will pay regardless of the number of:
1. "Insureds";
2. Claims made;
3. "Snowmobiles " or premiums shown in the Declaration; or
4. "Snowmobiles " involved in the accident.
B. No one will be entitled to receive duplicate payments for the same elements of loss under this coverage and:
1. Part A. or Part B. of this policy; or
2. Any Underinsured Snowmobile Coverage provided by this policy.
C. We will not make a duplicate payment
under this coverage for any element of loss for which payment has been made by or on behalf of persons or organizations who may be legally responsible.
D. We will not pay for any element of loss
if a person is entitled to receive payment for the same element of loss under any of the following or similar law: 1. Workers' compensation law; or
2. Disability benefits law.
OTHER INSURANCE
Any insurance we provide shall be excess over any other collectible insurance.
ARBITRATION
A. If we and an "insured" do not agree:
1. Whether that "insured" is legally entitled to recover damages; or
2. As to the amount of damages which are recoverable by that "insured"; from the owner or operator of an "uninsured snowmobile", then the matter may be arbitrated. However, disputes concerning coverage under this Part may not be arbitrated.
Both parties must agree to arbitration. If so agreed, each party will select an arbitrator. The two arbitrators will select a third. If they cannot agree within 30 days, either may request that selection be made by a judge of a court having jurisdiction.
B. Each party will:
1. Pay the expenses it incurs; and
2. Bear the expenses of the third arbitrator equally.
C. Unless both parties agree otherwise,
arbitration will take place in the county in which the "insured" lives. Local rules of law as to procedure and evidence will
PERSONAL SNOWMOBILE PS 00 01 10 09
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1989, 1997, 1999, 2009
Patrons Oxford Insurance Company
PS 00 0110 09 Page 9 of 15
apply. A decision agreed to by two of the arbitrators will be binding as to: 1. Whether the "insured" is legally
entitled to recover damages; and
2. The amount of damages . This applies only if the amount does not exceed the limit of any bodily injury policy or bond that is applicable at the time of the accident. If the
amount exceeds that limit, either party may demand the right to a trial. This demand must be made within 60 days of the arbitrators' decision. If this demand is not made, the amount of damages agreed to by the arbitrators will be binding.
PART D - COVERAGE FOR DAMAGE TO YOUR SNOWMOBILE
INSURING AGREEMENT A. We will pay for direct and accidental
loss to "your covered snowmobile" or any "non-owned snowmobile", including their equipment, minus any applicable deductible shown in the Declarations. If loss to more than one "your covered snowmobile" or "non-owned snowmobile" results from the same loss, the deductible will apply to each "snowmobile". We will pay for loss to "your covered snowmobile" caused by:
1. Physical Damage, "Other than Collision" or "Collision", only if the Declarations indicate that Physical Damage coverage is provided for that snowmobile.
If there is a loss to a "non-owned snowmobile", we will provide the broadest coverage applicable to any "your covered snowmobile" shown in the Declarations.
B. "Collision" means the upset of "your
covered snowmobile" or a "non-owned snowmobile" or their impact with another vehicle or object.
However, loss caused by the following is not considered "collision": 1. Missiles or falling objects;
2. Fire;
3. Theft or larceny;
4. Explosion or earthquake;
5. Windstorm;
6. Hail, water or flood;
7. Malicious mischief or vandalism;
8. Riot or civil commotion;
9. Contact with bird or animal; or
10. Breakage of glass.
C. "Non-owned snowmobile" means: 1. Any "snowmobile" or "snowmobile
trailer" not owned by or furnished or available for the regular use of you or any "family member" while in the custody of or being operated by you or any "family member"; or
2. Any "snowmobile" or "snowmobile trailer" you do not own while used as a temporary substitute for "your covered snowmobile" which is out of normal use because of its:
a. Breakdown;
b. Repair ;
c. Servicing;
d. Loss; or
e. Destruction
EXCLUSIONS
We will not pay for: 1. Loss to "your covered snowmobile" or
any " non-owned snowmobile" which occurs while it is being used as a public or livery conveyance.
2. Damage due and confined to:
a. Wear and tear;
b. Freezing;
c. Mechanical or electrical breakdown or failure.
PERSONAL SNOWMOBILE PS 00 01 10 09
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1989, 1997, 1999, 2009
Patrons Oxford Insurance Company
PS 00 0110 09 Page 10 of 15
d. Damage to treads or skis caused by operating on any surface other than ice or snow. However, this exclusion (2.d.) does not apply if the damage results from the legal crossing of a public way.
This Exclusion (2) does not apply if the damage results from the total theft of "your covered snowmobile" or any "non-owned snowmobile".
3. Loss due to or as a consequence of:
a. Radioactive contamination;
b. Discharge of any nuclear weapon
(even if accidental);
c. War (declared or undeclared);
d. Civil war;
e. Insurrection; or
f. Rebellion or revolution.
4. A total loss to "your covered snowmobile" or any "non-owned snowmobile" due to the destruction or confiscation by governmental or civil authorities. This Exclusion (4.) does not apply to the interests of Loss Payees in "your covered snowmobile".
5. Loss to: a. A "snowmobiletrailer'' which is not
shown in the Declarations; or
b. Equipment used with such "snowmobile trailer".
This Exclusion (5.) does not apply to a: a ."Snowmobiletrailer" which you do
not own; or
b. "Snowmobile trailer'' which you: (1) Acquire during the policy period;
and
(2) Ask us to insure within 14 days after you become the owner.
6. Loss to any "non-owned snowmobile" when used by you or any "family member" without a reasonable belief that you or that "family member" are entitled to do so.
7. Loss to any "non-owned snowmobile" being maintained or used by any person while employed or otherwise engaged in the "business" of : a. Selling; b. Repairing ;
c. Servicing;
d. Storing; or
e. Parking; snowmobiles. This includes testing and delivery.
8. Loss to any "snowmobile ": a. Operated in; or b. While in practice or preparation for;
any racing or speed contest regardless of whether such contest is prearranged or organized.
9. Loss to, or loss of use of, a "non- owned snowmobile" rented by: a. You ; or
b. Any "family member''; if a rental company is precluded from recovering such loss or loss of use, from you or that "family member", pursuant to the provisions of any applicable rental agreement or state law.
10. Loss to any "snowmobile" while rented or leased to any person or organization other than you.
LIMIT OF LIABILITY
A. Our limit of liability for loss will be the lesser of the: 1. Amount shown in the Declarations;
2. Actual cash value of the stolen or damaged property; or
3. Amount necessary to repair or replace the property with other property of like kind and quality.
However , the most we will pay for loss to any "non-owned snowmobile trailer" is $500.
PERSONAL SNOWMOBILE PS 00 01 10 09
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1989, 1997, 1999, 2009
Patrons Oxford Insurance Company
PS 00 0110 09 Page 11 of 15
Our payment for loss will be reduced by the deductible shown in the Declarations. If loss to more than one "snowmobile"results from the same loss, the deductible will apply to each snowmobile.
B. An adjustment for depreciation and
physical condition will be made in determining actual cash value in the event of a total loss.
OTHER SOURCES OF RECOVERY
If other sources of recovery also cover the loss, we will pay only our share of the loss. Our share is the proportion that our limit of liability bears to the total of all applicable limits. However, any insurance we provide with respect to a "non-owned snowmobile" shall be excess over any other collectible source of recovery including, but not limited to:
C. If a repair or replacement results in
better than like kind or quality, we will not pay for the amount of the betterment.
PAYMENT OF LOSS
We may pay for loss in money or repair or replace the damaged or stolen property. We may, at our expense, return any stolen property to:
1. You : or
2. The address shown in this policy. If we return stolen property, we will pay for any damage resulting from the theft. We may keep all or part of the property at an agreed or appraised value.
If we pay for loss in money, our payment will include the applicable sales tax for the damaged or stolen property.
NO BENEFIT TO BAILEE
This insurance shall not directly or indirectly benefit any carrier or other bailee for hire.
1. Any coverage provided by the owner of the "non-owned snowmobile";
2. Any other applicable physical damage insurance;
3. Any other source of recovery applicable to the loss.
APPRAISAL
A. If we and you do not agree on the
amount of loss, either may demand an appraisal of the loss. In this event, each party will select a competent appraiser. The two appraisers will select an umpire. The appraisers will state separately the actual cash value and the amount of loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: 1. Pay its chosen appraiser; and
2. Bear the expenses of the appraisal and umpire equally.
B. We do not waive any of our rights under
this policy by agreeing to an appraisal.
PART E- DUTIES AFTER AN ACCIDENT OR LOSS
We have no duty to provide coverage under this policy unless there has been full compliance with the following duties:
A. We must be notified promptly of how,
when and where the accident or loss happened. Notice should also include the names and addresses of any injured persons and of any witnesses.
B. A person seeking any coverage must: 1. Cooperate with us in the
investigation, settlement or defense of any claim or suit.
2. Promptly send us copies of any notices or legal papers received in connection with the accident or loss.
PERSONAL SNOWMOBILE PS 00 01 10 09
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1989, 1997, 1999, 2009
Patrons Oxford Insurance Company
PS 00 0110 09 Page 12 of 15
3. Submit, as often as we reasonably require: a. To physical exams by
physicians we select. We will pay for these exams.
b. To examination under oath and subscribe the same.
4. Authorize us to obtain: a. Medical reports; and
b. Other pertinent records.
5. Submit a proof of loss when required by us.
C. A person seeking Uninsured Snowmobile Coverage under Section 2. of the definition of "uninsured snowmobile" must also: 1. Promptly notify the police if a hit-
and-run driver is involved.
2. Promptly send us copies of the legal papers if a suit is brought.
3. Promptly notify us in writing of a
tentative settlement between the "insured" and the insurer of the
"uninsured snowmobile" and allow us 30 days to advance payment to that "insured" in an amount equal to the tentative settlement to preserve our rights against the insurer, owner or operator of such "uninsured snowmobile".
D. A person seeking Coverage for Damage
To Your Snowmobile must also: 1. Take reasonable steps after loss to
protect "your covered snowmobile" or any "non-owned snowmobile" and their equipment from further loss. We will pay reasonable expenses incurred to do this.
2. Promptly notify the police if "your covered snowmobile" or any "non- owned snowmobile" is stolen.
3. Permit us to inspect and appraise the damaged property before its repair or disposal.
PART F - GENERAL PROVISIONS
BANKRUPTCY
Bankruptcy or insolvency of the "insured" shall not relieve us of any obligations under this policy.
CHANGES
A. This policy contains all the agreements
between you and us. Its terms may not be changed or waived except by endorsement issued by us.
B. If there is a change to the information
used to develop the policy premium, we may adjust your premium. Changes during the policy term that may result in a premium increase or decrease include, but are not limited to, changes in:
1. The number and type of insured snowmobiles;
2. Operators using insured "snowmobiles";
3. Coverage, deductible or limits.
If a change resulting from A. or B . requires a premium adjustment, we will make the premium adjustment in accordance with our manual rules.
C. If we make a change which broadens
coverage under this edition of your policy without additional premium charge, that change will automatically apply to your policy as of the date we implement the change in your state.
PERSONAL SNOWMOBILE PS 00 01 10 09
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1989, 1997, 1999, 2009
Patrons Oxford Insurance Company
PS 00 0110 09 Page 13 of 15
This paragraph (C.) does not apply to changes implemented with a general program revision that includes both broadenings and restrictions in coverage, whether the general program revision is implemented through introduction of: 1. A subsequent edition of your policy;
or 2. An Amendatory Endorsement.
FRAUD
We do not provide coverage for any "insured" who has made fraudulent statements or engaged in fraudulent conduct in connection with any accident or loss for which coverage is sought under this policy.
LEGAL ACTION AGAINST US
A. No legal action may be brought against
us until there has been full compliance with all the terms of this policy. In addition, under Part A, no legal action may be brought against us until: 1. We agree in writing that the
"insured" has an obligation to pay; or
2. The amount of that obligation has been finally determined by judgment after trial.
B. No person or organization has any right
under this policy to bring us into any action to determine the liability of an "insured".
OUR RIGHT TO RECOVER PAYMENT
A. If we make a payment under this policy
and the person to or for whom payment was made has a right to recover damages from another we shall be subrogated to that right. That person shall do: 1. Whatever is necessary to enable us
to exercise our rights; and
2. Nothing after loss to prejudice them. However, our rights in this Paragraph (A) do not apply under Part D, against any person using "your covered snowmobile" with a
reasonable belief that that person is entitled to do so.
B. If we make a payment under this policy
and the person to or for whom payment is made recovers damages from another, that person shall: 1. Hold in trust for us the proceeds of
the recovery; and
2. Reimburse us to the extent of our payment.
C. With respect to Part B - Medical
Payments Coverage, we shall be entitled to a recovery under Paragraph A. or B. only after the person has been fully compensated for damages.
D. Our rights do not apply under Paragraph
A. with respect to coverage under Section C of the definition of "uninsured snowmobile" for Uninsured Snowmobile Coverage if we: 1. Have been given prompt written notice of a tentative settlement between an "insured" and the insurer of an "uninsured snowmobile" and
2. Fail to advance payment to the "insured" in an amount equal to the tentative settlement within 30 days after receipt of notification.
If we advance payment to the "insured" in an amount equal to the tentative settlement within 30 days after receipt of notification: 1. That payment will be separate from
any amount the "insured" is entitled to recover under the provisions of Uninsured Snowmobile Coverage; and
2. We also have a right to recover the advanced payment.
PERSONAL SNOWMOBILE PS 00 01 10 09
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1989, 1997, 1999, 2009
Patrons Oxford Insurance Company
PS 00 0110 09 Page 14 of 15
POLICY PERIOD AND TERRITORY
A. This policy applies only to accidents and losses which occur: 1. During the policy period as shown in
the Declarations; and
2. Within the policy territory.
B. The policy territory is: 1. The United States of America; or
2. Canada.
TERMINATION
A. Cancellation This policy may be cancelled during the policy period as follows:
1. The named insured shown in the Declarations may cancel by: a. Returning this policy to us; or
b. Giving us advance written notice of the date cancellation is to take effect.
2. We may cancel by mailing to the named insured shown in the Declarations at the address shown in this policy: a. At least 10 days notice:
(1) If cancellation is for nonpayment of premium; or
(2) If notice is mailed during the first 60 days this policy is in effect and this is not a renewal or continuation policy; or
b. At least 20 days notice in all other cases.
3. After this policy is in effect for 60 days, or if this is a renewal or continuation policy, we will cancel only:
a. For nonpayment of premium; or b. If your driver's license or that of:
(1) Any driver who lives with you; or
(2) Any driver who customarily uses "your covered snowmobile", has been suspended or revoked.
This must have occurred: (1) During the policy if this is not
a renewal or continuation policy; or
(2) If this is a renewal or continuation policy, during the policy period or the 180 days immediately preceding this policy's effective date.
c. For fraud or material misrepresentation affecting this policy or the presentation of a claim; or
d. If any person seeking recovery violates the terms or conditions of this policy.
B. Nonrenewal
If we decide not to renew or continue this policy, we will mail notice to the named insured shown in the Declarations at the address shown in this policy. Notice will be mailed at least 30 days before the end of the policy period. Subject to this notice requirement, we will have the right not to renew or continue this policy at each anniversary of its original effective date.
C. Automatic Termination
If we offer to renew or continue and you or your representative do not accept, this policy will automatically terminate at the end of the current policy period. Failure to pay the required renewal or continuation premium when due shall mean that you have not accepted our offer.
If you obtain other insurance on "your covered snowmobile'" any similar insurance provided by this policy will terminate as to that snowmobile on the effective date of the other insurance.
PERSONAL SNOWMOBILE PS 00 01 10 09
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1989, 1997, 1999, 2009
Patrons Oxford Insurance Company
PS 00 0110 09 Page 15 of 15
D. Other Termination Provisions
1. We may deliver any notice instead of mailing it. Proof of mailing of any notice shall be sufficient proof of notice .
2. If this policy is cancelled, you may be entitled to a premium refund. If so, we will send you the refund. The premium refund, if any, will be computed according to our manuals.
However, making or offering to make the refund is not a condition of cancellation.
3. The effective date of cancellation stated in the notice shall become the end of the policy period.
TRANSFER OF YOUR INTEREST IN THIS POLICY
A. Your rights and duties under this policy may not be assigned without our written consent. However, if a named insured shown in the Declarations dies, coverage will be provided for: 1. The surviving spouse if resident
in the same household at the time of death. Coverage applies to the spouse as if a named insured shown in the Declarations; and
2. The legal representative of the deceased person as if a named insured shown in the Declarations. This applies only with respect to the representative's legal responsibility to maintain or use "your covered snowmobile".
B. Coverage will only be provided until the end of the policy period.
TWO OR MORE SNOWMOBILE POLICIES
If this policy and any other snowmobile insurance policy issued to you by us apply to the same accident, the maximum limit of our liability under all the policies shall not exceed the highest applicable limit of liability under any one policy.
Homeowners ME SP H1 12 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SPECIAL PROVISIONS - MAINE
DEFINITIONS The following definitions are added: 9. "Actual cash value" means the replacement cost
of covered property at the time of loss, less the value of physical depreciation as to the damaged property.
10. "Physical depreciation" means a value as determined according to standard business practices.
SECTION I - PROPERTY COVERAGES COVERAGE C - PERSONAL PROPERTY SPECIAL LIMITS OF LIABILITY Items 10. and 11. are replaced by the following : 10. $1,000 for loss to electronic apparatus, while in or
upon a motor vehicle or other motorized land conveyance, if the electronic apparatus is equipped to be operated by power from the electrical system of the vehicle or conveyance while retaining its capability of being operated by other sources of power. Electronic apparatus includes: a. Accessories or antennas; or b. Tapes, wires, records, discs or other media; for use with any electronic apparatus described in this Item 10.
11. $1,000 for loss to electronic apparatus, while not in or upon a motor vehicle or other motorized land conveyance, if the electronic apparatus: a. Is equipped to be operated by power from the
electrical system of the vehicle or conveyance while retaining its capability of being operated by other sources of power;
b. Is away from the "residence premises"; and c. Is used at any time or in any manner for any
"business" purpose. Electronic apparatus includes: a. Accessories and antennas; or b. Tapes, wires, records, discs or other media; for use with any electronic apparatus described in this Item 11.
PROPERTY NOT COVERED Item 3.b. is replaced by the following: 3. Motor vehicles or all other motorized land
conveyances. This includes: b. Electronic apparatus that is designed to be
operated solely by use of the power from the electrical system of motor vehicles or all other motorized land conveyances. Electronic apparatus includes: (1) Accessories or antennas; or (2) Tapes, wires, records, discs or other
media; for use with any electronic apparatus described in this Item 3.b. The exclusion of property described in 3.a. and 3.b. above applies only while the property is in or upon the vehicle or conveyance.
We do cover vehicles or conveyances not subject to motor vehicle registration which are: a. Used to service an "insured's" residence; or b. Designed for assisting the handicapped;
SECTION I - ADDITIONAL COVERAGES 4. Fire Department Service Charge is replaced by
the following: 4. Fire Department Service Charge
We will pay up to $500 for your liability assumed by contract or agreement for fire department charges incurred when the fire department is called to save or protect covered property from a Peril Insured Against. This coverage is additional insurance. No deductible applies to this coverage.
9. Glass Or Safety Glazing Material is replaced by the following:
9. Glass Or Safety Glazing Material a. We cover:
(1) For all forms other than HO 00 04 and HO 00 06, the breakage of glass or safety glazing material which is part of a covered building, storm door or storm window, and for: (a) Form HO 00 04, the breakage of
glass or safety glazing material which is part of a building, storm door or storm window, and covered as Building Additions and Alterations ;
Includes copyrighted material of Insurance Services Office, Inc. 2007, 2009 with its permission. Patrons Oxford Insurance Company
ME SP H1 12 09 Page 1 of 6
SPECIAL PROVISIONS - MAINE HOMEOWNERS ME SP H1 12 09
ME SP H1 12 09 Page 2 of 6
(b) For Form HO 00 06, the breakage of glass or safety glazing material which is part of a building, storm door or storm window, and covered under COVERAGE A; and
(2) For all forms other than HO 00 04 and HO 00 06, the breakage, caused directly by Earth Movement, of glass or safety glazing material which is part of a covered building, storm door or storm window, and for:
(a) Form HO 00 04, the breakage, caused directly by Earth Movement, of glass or safety glazing material which is part of a building, storm door or storm window, and covered as Building Additions And Alterations; and
(b) Form HO 00 06, the breakage caused directly by Earth Movement, of glass or safety material which is part of a building, storm door or storm window, and covered under COVERAGE A; and
(3) The direct physical loss to covered property caused solely by the pieces, fragments or splinters of broken glass or safety glazing material which is part of a building, storm door or storm window.
b. This coverage does not include loss: (1) To covered property which results
because the glass or safety glazing material has been broken, except as provided in a.(3) above; or
(2) On the "residence premises" if the dwelling has been vacant for more than 30 consecutive days immediately before the loss, except when the breakage results directly from Earth Movement as provided for in a.(2) above. A dwelling being constructed is not considered vacant.
Loss to glass covered under this Additional Coverage 9. will be settled on the basis of replacement with safety glazing materials when required by ordinance or law. For Forms HO 00 01 we will pay up to $100 for loss under this coverage. This coverage does not increase the limit of liability that applies to the damaged property.
(This is Additional Coverage 8. in Forms HO 00 01.)
The following provision is added: Post-judgment Interest We will pay, in accordance with Maine law,
interest on the entire judgment which accrues after entry of the judgment and before we pay or tender, or deposit in court that part of the judgment which does not exceed the limit of liability that applies.
This coverage is additional insurance. No deductible applies to this coverage.
SECTION I - EXCLUSIONS 1. Ordinance or Law is replaced by the following:
1. Ordinance or Law, meaning any ordinance or law:
a. Requiring or regulating the construction, demolition, remodeling, renovation or repair of property, including removal of any resulting debris. This Exclusion 1.a. in all forms other than HO 00 03, and 1.a.(1) in Form HO 00 03, does not apply to the amount of coverage that may be provided for under Additional Coverages, Glass Or Safety Glazing Material;
b. The requirements of which result in a loss in value to property; or
c. Requiring any "insured" or others to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, pollutants. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed.
This exclusion applies whether or not the property has been physically damaged. (This is Exclusion 1.a. in Form HO 00 03.)
2. Earth Movement is replaced by the following:
2. Earth movement, meaning earthquake, including land shock waves or tremors before, during or after a volcanic eruption; _la. ndslid. ; mine subsidence; mudflow; earth sinking, rising or shifting; unless direct loss by:
a. Fire; or b. Explosion; ensues and then we will pay only for the ensuing loss.
This exclusion does not apply to loss by theft. (This is Exclusion 1.b. in Form HO 00 03.)
Includes copyrighted material of Insurance Services Office, Inc. 2007, 2009 with its permission.
Patrons Oxford Insurance Company
SPECIAL PROVISIONS - MAINE HOMEOWNERS ME SP H1 12 09
ME SP H1 12 09 Page 3 of 6
4. Power Failure is replaced by the following:
4. Power Failure , meaning the failure of power or other utility service if the failure takes place off the "residence premises". But if the failure of power or other utility service results in a loss, from a Peril Insured Against on the "residence premises", we will pay for the loss or damage caused by that Peril Insured Against. (This is Exclusion 1.d. in Form HO 00 03.)
8. International Loss is replaced by the following:
8. Intentional Loss We do not provide coverage for an "insured" who commits or directs an act with the intent to cause a loss. (This is Exclusion 1.h. in Form HO 00 03.)
SECTION I - CONDITIONS 3. Loss Settlement
Under Form HO 00 06, Item b.(2) is replaced by the following:
(2) If the damage is not repaired or replaced within a reasonable time, at actual cash value but not more than the amount required to repair or replace.
8. Suit Against Us is replaced by the following: 8. Suit Against Us
No action can be brought unless the policy provisions have been complied with and the action is started within two years after the date of loss.
10. Loss Payment is, with respect to non-fire related losses, replaced by the following:
10. 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 an agreement with you; b. There is an entry of a final judgment; or c. There is a filing of an appraisal award with us.
12. Mortgage Clause (All Forms Except HO 00 04) The following paragraphs are added:
If loss hereunder is made payable, in whole or in part, to a designated mortgagee not named herein as the "insured", such interest in this policy may be cancelled by giving to such mortgagee a 10 days' written notice of cancellation.
If the "insured" fails to render proof of loss, such mortgagee, upon notice, shall render proof of loss in the form herein specified within 60 days thereafter and shall be subject to the provisions hereof relating to appraisal and time of payment and of bringing suit.
If this Company shall claim that no liability existed as to the mortgagor or owner, it shall be to the extent of payment of loss to the mortgagee, be subrogated to all the mortgagee's rights of recovery, but without impairing mortgagee's right to sue; or it may pay off the mortgage debt and require an assignment thereof and of the mortgage.
Other provisions relating to the interests and obligations of such mortgagee may be added hereto by agreement in writing.
Paragraph 3. is replaced by the following:
3. If we decide to cancel or not to renew this policy, the mortgagee will be notified with the same number of days notice as the Cancellation or Nonrenewal provisions of this policy.
SECTION II - LIABILITY COVERAGES Under Coverage E - Personal Liability, Item 1. is replaced by the following in all forms and Endorsement HO 24 73:
1. Pay up to our limit of liability for the damages for
which the "insured" is legally liable; and SECTION II - EXCLUSIONS Under 1. Coverage E - Personal Liability and Coverage F - Medical Payments To Others: 1. Item a. is replaced by the following:
a. Which is expected or intended by one or more "insureds";
2. Item f. is replaced by the following in all forms:
f. Arising out of: (1) The ownership, maintenance, use, loading
or unloading of motor vehicles or all other motorized land conveyances, including trailers, owned or operated by or rented or loaned to an "insured";
(2) The entrustment by an "insured" of a motor vehicle or any other motorized land conveyance to any person; or
(3) Vicarious liability, whether or not statutorily imposed, for the actions of a child or minor using a conveyance excluded in Paragraph (1) or (2) above.
Includes copyrighted material of Insurance Services Office, Inc. 2007, 2009 with its permission. Patrons Oxford Insurance Company
ME SP H1 12 09 Page 4 of 6
SPECIAL PROVISIONS - MAINE HOMEOWNERS ME SP H1 12 09
This exclusion does not apply to: (1) A trailer not towed by or carried on a
motorized land conveyance. (2) A motorized land conveyance, designed
for recreational use off public roads, not subject to motor vehicle registration and: (a) Not owned by an "insured"; or (b) Owned by an "insured", provided
the "occurrence" takes place on an "insured location" as defined in Definitions, Paragraphs 4.a .,b.,d .,e. or h..
(3) A motorized golf cart when used to play golf on a golf course;
(4) A vehicle or conveyance not subject to motor vehicle registration; (a) While it is in dead storage on an
"insured location"; (b) While it is being used to service an
"insured's" residence; or parked or stored there; or
(c) Which is designed to assist a handicapped person but only while it is: (i) Being used to assist a
handicapped person; or (ii) Parked or stored.
3. Paragraph f. is replaced by the following in Farmers Personal Liability Endorsement HO 24 73: f. Arising out of:
(1) The ownership, maintenance, use, loading or unloading of motor vehicles or all other motorized land conveyances , including trailers, owned or operated by or rented or loaned to an "insured";
(2) The entrustment by an "insured" of a motor vehicle or any other motorized land conveyance to any person; or
(3) Vicarious liability , whether or not statutorily imposed, for the actions of a child or minor using a conveyance excluded in Paragraph (1) or (2) above.
This exclusion does not apply to: (1) A trailer not towed by or carried on a
motorized land conveyance. (2) A motorized land conveyance designed
for recreational use off public roads, not subject to motor vehicle registration and: (a) Not owned by an "insured"; or
(b) Owned by an insured, provided the "occurrence" takes place on an "insured location" as defined in Definitions, Paragraph 2.a.,b.,d.,e., or h.
(3) A motorized golf cart when used to play golf on a golf course;
(4) A vehicle or conveyance not subject to motor vehicle registration: (a) While it is in dead storage on an
"insured location": (b) While it is being used to service an
"insured's" location; or parked or stored there; or
(c) Which is designed to assist a handicapped person but only while it is: (i) Being used to assist a
handicapped person; or (ii) parked or stored.
Under Item 2. Coverage E - Personal Liability, Paragraph f. is replaced by the following in all forms and Endorsement HO 24 73:
f. "Bodily injury" to you or to any son or daughter of yours, if a resident of your household.
SECTION II - ADDITIONAL COVERAGES Under 1. Claim Expenses, the following paragraph is added:
e. Prejudgment interest awarded against the "insured" on that part of the judgment we pay. If we make an offer to pay the applicable limit of liability , we will not pay any prejudgment interest based on that period of time after the offer.
SECTIONS I AND II - CONDITIONS 2. Concealment Or Fraud is replaced by the
following: 2. Concealment Or Fraud
We do not provide coverage for the "insured" who, whether before or after a loss, has: a. Intentionally concealed or misrepresented any
material fact or circumstance; b. Engaged in fraudulent conduct; or c. Made false statements; relating to this insurance.
Includes copyrighted material of Insurance Services Office, Inc. 2007, 2009 with its permission. Patrons Oxford Insurance Company
SPECIAL PROVISIONS - MAINE HOMEOWNERS ME SP H1 12 09
Includes copyrighted material of Insurance Services Office, Inc. 2007, 2009 with its permission. Patrons Oxford Insurance Company
ME SP H1 12 09 Page 5 of 6
Under 5. Cancellation, Paragraph b. is replaced by the following:
b. We may cancel this policy subject to the provisions of this condition by notifying you in writing of the date cancellation takes effect and the reason for cancellation. This cancellation notice may be delivered to you, or mailed to you at your last known address. A postal service certificate of mailing to you will be conclusive proof of notification on the fifth calendar day after mailing. (1) When you have not paid the premium,
whether payable to us or our agent or under any finance or credit plan, we may cancel at any time by letting you know at least 10 days before the date cancellation takes effect.
(2) When this policy has been in effect for less than 90 days (less than 120 days if policy covers a secondary residence expected to be continuously unoccupied for 3 or more months in an annual period) and is not a renewal with us, we may cancel for any reason. Except as provided in b.(1) above, we will let you know at least 20 days before the date cancellation takes effect.
(3) When this policy has been in effect for 90 days or more (120 days or more if policy covers a secondary residence expected to be continuously unoccupied for 3 or more months in an annual period), or at any time if it is a renewal with us, we may cancel for one or more of the following reasons by letting you know at least 20 days before the date cancellation takes effect: (a) Your conviction of a crime having as
one of its necessary elements an act
(e) Physical changes in the insured property which result in the property becoming uninsurable;
(f) The insured property is vacant and custodial care is not maintained on the property;
(g) The presence of a trampoline remains on the insured property for 30 days or more after the date of notice you receive from us notifying you of our intent to cancel the policy;
(h) An unfenced or improperly fenced swimming pool which remains on the insured property for 30 days or more after the date of notice you receive from us notifying you of our intent to cancel the policy;
(i) A loss caused by dog bite and the presence of a dog remains after you receive from us our intent to cancel the policy; or
(j) Your failure to comply with reasonable loss control recommendations within 90 days after you receive the notice of loss control recommendations from us.
6. Nonrenewal is replaced by the following: 6. Nonrenewal
We may elect not to renew this policy. We may do so by letting you know in writing at least 30 days before: a. The expiration date of the policy, for a policy
written for a term of one year or less; or b. The anniversary date of the policy, for a
policy written for a term of more than one year or for an indefinite term.
This nonrenewal notice, together with our reason increasing any hazard insured for nonrenewa,l may be delivered to you, or against;
(b) Fraud or material misrepresentation by you or your representative in obtaining this policy, including a failure to disclose a material fact during the application process that if known by us, would have substantially altered the terms of the policy;
(c) Fraud or material misrepresentation by you in pursuing a claim under this policy;
(d) Negligent acts or omissions by an "insured" which substantially increase any hazard insured against;
mailed to you at your last known address. A post office department certificate of mailing to you will be conclusive proof of notification on the third calendar day after mailing.
THE FOLLOWING LIMITS OUR LIABILITY We, the insurance company, our agents, employees, or service contractors, are not liable for damages from injury, death or loss occurring as a result of any act or omission in the furnishing of or the failure to furnish insurance inspection services related to, in connection with or incidental to the issuance or renewal of a policy of property or casualty insurance.
SPECIAL PROVISIONS - MAINE HOMEOWNERS ME SP H1 12 09
Includes copyrighted material of Insurance Services Office, Inc. 2007, 2009 with its permission. Patrons Oxford Insurance Company
ME SP H1 12 09 Page 6 of 6
This exemption from liability does not apply: 1. If the injury, loss or death occurred during actual
performance of inspection services and was proximately caused by our negligence, or by the negligence of our agents, employees or service contractors;
2. To any inspection services required to be performed under the provisions of a written service contract or defined loss prevention program;
3. In any action against us, our agents, employees, or service contractors for damages proximately caused by our acts or omissions which are determined to constitute a crime, actual malice or gross negligence; or
4. If we fail to provide this written notice to the insured whenever the policy is issued or when new policy forms are issued upon renewal.
All other provisions of this policy apply.
Dwelling
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 2007, 2009
Patrons Oxford Insurance Company ME D02 12 09 Page 1 of 2
SPECIAL PROVISIONS
ME D0212 09
OTHER COVERAGES 9. Fire Department Service Charge is
replaced by the following : 9. Fire Department Service Charge. We will
pay up to $500 for your liability assumed by contract or agreement for fire depart- ment charges incurred when the fire de- partment is called to save or protect cov- ered property from a Peril Insured Against. This coverage is additional insurance. No deductible applies to this cov erage . (This is Other Coverages 8. in Form DP0001.)
The following provision is added :
Post-judgment Interest We will pay , in accordance with Maine law, interest on the entire judgment which accrues after entry of the judgment and before we pay or tender , or deposit in court that part of the judgment which does not exceed the limit of liability that ap- pl ies . This coverage is additional insurance. No deductible applies to this cov erage .
GENERAL EXCLUSIONS (Item 1.h. in Form DP 00 03; item 8 in all other Forms) Intentional Loss is replaced by the fol lowing : Intentional Loss. We do not provide coverage for a person insured under this policy who commits or directs an act with the intent to cause a loss .
CONDITIONS 3. Concealment or Fraud is replaced by the
fol lowing : 3. Concealment or Fraud. We do not provide
coverage if , whether before or after a loss , you hav e: a. intentionally concealed or misrepre -
sented any material fact or circum - stance ;
b. engaged in fraudulent conduct ; or c. made false statements ; relating to
this insurance .
11. Suit Against us is replaced by the foll owing :
11. Suit Against Us. No action can be brought unless the policy provisions have been complied with and the action is started within two years after the date of l oss .
13. Loss Payment is, with respect to non- fire -related losses, replaced by the fol - l owing :
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 an agreement with you ; b. there is an entry of a final judgment;
or c. there is a filing of an appraisal award
with us. 15. Mortgage Clause. The following clause is
added: If loss hereunder is made payable , in whole or in part , to a designated mort - gagee not named herein as the insured , such interest in this policy may be can - celled by giving to such mortgagee a 10 days' notice of cancellation . If the insured fails to render proof of loss such mortgagee , upon notice , shall render proof of loss in the form herein specified within 60 days thereafter and shall be sub- ject to the provisions hereof relating to appraisal and time of payment and of bringing suit. If this Company shall claim that no liability existed as to the mortga - gor or owner , it shall to the extent of payment of loss to the mortgagee , be sub- rogated to all the mortgagee's rights of recov ery , but without impairing mort - gagee's right to sue; or it may pay off the mortgage debt and require an assignment thereof and of the mortgage . Other provisions relating to the interests and obligations of such mortgagee may be added hereto by agreement in writing .
Dwelling
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 2007, 2009
Patrons Oxford Insurance Company ME D02 12 09 Page 2 of 2
ME D0212 09
Under 15. Mortgage Clause , paragraph 3 is replaced by the following ; If we decide to cancel or not to renew this policy, the mortgagee will be notified with the same number of days notice as the Cancellation or Nonrenewal provisions of this policy .
THE FOLLOWING LIMITS OUR LIABILITY We, the insurance company , our agents, em- ployees, or service contractors , are not liable for damage from injury, death or loss occurring as a result of any act or omission in the furnish- ing of or the failure to furnish insurance inspec- tion services related to, in connection with or incidental to the issuance or renewal of a policy of property or casualty insurance. This exemption from liability does not apply: A. If the injury, loss or death occurred during
the actual performance of inspection ser- vices and was proximately caused by our negligence, or by the negligence of our agents, employees or service contractors;
B. To any inspection services required to be performed under the provisions of a written service contract or defined loss prevention program ;
C. In any action against us, our agents, em- ployees , or service contractors for damages proximately caused by our acts or omissions which are determined to constitute a crime , actual malice or gross negligence ; or
D. If we fail to provide this written notice to the insured whenever the policy is issued or when new policy forms are issued upon re- newal.
All other provisions of this policy apply.
Patrons Insurance Account Bill Enrollment Form
Account Bill Benefits One monthly statement One Installment Service Charge One payment or EFT deduction Choose your monthly due date
Customer Name ________________________________________________________
Policies to be enrolled on Account Bill (maximum 5, minimum 2)
**Primary Policy#:
Policy#: _ Policy#: _
Policy#: _ Policy#: _
**You select your primary policy and it will be used to: Determine the billing method (Standard invoice or EFT) Apply the installment service charge (no service charge for EFT) Provide the mailing address Establish d ef au l t due date if none selected
The monthly due date will be based on the primary policy, unless a due date is selected below.
Due Date (1st to 31st) (selected due date)
If the customer name and/or address do not match on all policies shown above please explain: __ _ _
Guidelines
Payments must reference the Account number (ANP Prefix) shown on your Account Bill Statement. If payment received does not equal minimum or full due from the Account Bill Statement, and there are no instructions on the remittance slip, then the Company will determine how the payment will be applied to your policies. If payment is presented to Patrons Insurance with an individual policy number and not your Account Bill number, the payment will be applied only to that policy. If the minimum due on the Account Bill is not received by the due date, the policies may be removed from Account Bill. The policies will be billed separately using the payment plan previously assigned. This may result in a large payment requirement for policies removed mid-term and installment service charges will resume on all policies. If a policy under your Account Bill has a negative balance, it will be applied to other policies that have a positive balance under the same Account.
1. Is there a minimum/maximum number of policies for enrollment in Account Bill? Account bill requires a minimum of two policies and a maximum of five.
2. When can I enroll in Account Bill?
You can enroll in account bill anytime. However, any outstanding invoices must be paid at the time of enrollment.
3. Can you select your due date? What is the default due date?
• Yes, you can select any due day of the month 1st - 31st. • If no date is selected, the default is the effective day of your Primary Policy.
o Example: Primary policy HP 123456 policy effective 1/5/2010 -the due date would default to the 5th of the month.
4. How is the number of installments determined on Account Bill? Each policy is billed individually; the number of installments can vary by policy based on the following:
• When you choose a due date that matches the effective date of a policy(s), you will be billed in 10 installments
• When you choose a date that does not match your policy effective date, you will be billed in 9 installments.
Note: You can have both 9 and 10 installments billed policies on the same Account Bill.
5. What is the purpose of a Primary Policy? (Primary policy is chosen by the insured) • It determines the billing method - Standard Invoice or EFT. • It is assessed the statement service charge (no service charge for EFT accounts). • It provides the mailing address. • It will determine the due date if none is selected.
6. What is my Account Bill Number?
It is issued at time of enrollment and consolidates the billing of all policies. It can be found at the top right portion of your Account Bill statement and will begin with ANP followed by six numeric digits.
7. Can I change the due date?
Yes, but the most recent account bill statement must be paid in order to make a change.
8. How is the Minimum Due calculated? The minimum due is the policy balance divided by the number of installments remaining.
9. What are the Payment Options for Account Bill?
• Mail a check or money order to Patrons Oxford Ins Co - write your account bill number on the check.
• Online - go to patrons.com and use the "Make a Payment" button. • EFT - Prior enrollment is necessary.
10. What if I cannot make the minimum payment due?
If the minimum amount requested is not received by the due date, you may be unenrolled from account bill, and a cancellation notice may be issued in accordance with the applicable state law. Separate notices will be sent for each policy.
11. How are payments applied? The Company will determine how the payment will be applied to your policies for payments other than the minimum or full due from the invoice.
12. Can I have my Account Bill statement e-billed through the MyCheckFree service? No, Account Bill Statements are not available on e-bill service on the MyCheckFree site at this time.
13. Are there installment service charges?
There is a five dollar ($5.00) service charge per statement billing or no service charge if the account is enrolled in EFT.
14. Do all policies need to be with the same agent?
No.
15. Can I sign up if I am Premium Financed or Escrow Billed? No.
16. What if my policy premium changes?
Adjustments to the premium will be spread evenly over the remaining installments on a policy term (year).
17. How are refunds handled?
An overpayment on an Account Bill policy will be applied to other policies on the Account that have a balance due. Contact your agent to request a refund check.
18. What happens if a policy or policies are removed from Account Bill?
When removed from Account Bill, billing for the individual policy will resume under the pre- existing payment plan. For policies that are removed for non-payment of premium, this may result in a large minimum premium payment due on a Cancellation Notice.
19. I am currently an EFT customer, what changes should I expect?
By enrolling in Account Bill you will have only one EFT withdrawal taken for all policies on Account Bill. The reference on your bank statement will be your Account Bill number. The number of installments will be reduced, making your monthly premium payment higher. You will have the option of selecting your due date.
20. Can my agent enroll me in Account Bill?
You can contact your agent for enrollment or other policy changes.
21. Can I use the Automated Billing Inquiry System? Yes, just use the individual policy number and not the Account Bill number. The billing and payment information provided is on the individual policy level.
Frequently Asked Questions
1. Is there a minimum/maximum number of policies for enrollment in Account Bill? Account bill requires a minimum of two policies and a maximum of five.
2. When can I enroll in Account Bill?
You can enroll in account bill anytime. However, any outstanding invoices must be paid at the time of enrollment.
3. Can you select your due date? What is the default due date?
Yes, you can select any due day of the month 1st 31st. If no date is selected, the default is the effective day of your Primary Policy.
o Example: Primary policy HP 123456 policy effective 1/5/2010 the due date would default to the 5th of the month.
4. How is the number of installments determined on Account Bill?
Each policy is billed individually; the number of installments can vary by policy based on the following:
When you choose a due date that matches the effective date of a policy(s), you will be billed in 10 installments When you choose a date that does not match your policy effective date, you will be billed in 9 installments.
Note: You can have both 9 and 10 installments billed policies on the same Account Bill.
5. What is the purpose of a Primary Policy? (Primary policy is chosen by the insured) It determines the billing method Standard Invoice or EFT. It is assessed the statement service charge (no service charge for EFT accounts). It provides the mailing address. It will determine the due date if none is selected.
6. What is my Account Bill Number?
It is issued at time of enrollment and consolidates the billing of all policies. It can be found at the top right portion of your Account Bill statement and will begin with ANP followed by six numeric digits.
7. Can I change the due date?
Yes, but the most recent account bill statement must be paid in order to make a change.
8. How is the Minimum Due calculated? The minimum due is the policy balance divided by the number of installments remaining.
9. What are the Payment Options for Account Bill?
Mail a check or money order to Patrons Oxford Ins Co write your account bill number on the check. Online go to patrons.com and use the Make a Payment button. EFT - Prior enrollment is necessary.
10. What if I cannot make the minimum payment due?
If the minimum amount requested is not received by the due date, you may be unenrolled from account bill, and a cancellation notice may be issued in accordance with the applicable state law. Separate notices will be sent for each policy.
11. How are payments applied? The Company will determine how the payment will be applied to your policies for payments other than the minimum or full due from the invoice.
12. Can I have my Account Bill statement e-billed through the MyCheckFree service? No, Account Bill Statements are not available on e-bill service on the MyCheckFree site at this time.
13. Are there installment service charges?
There is a five dollar ($5.00) service charge per statement billing or no service charge if the account is enrolled in EFT.
14. Do all policies need to be with the same agent?
No.
15. Can I sign up if I am Premium Financed or Escrow Billed? No.
16. What if my policy premium changes?
Adjustments to the premium will be spread evenly over the remaining installments on a policy term (year).
17. How are refunds handled?
An overpayment on an Account Bill policy will be applied to other policies on the Account that have a balance due. Contact your agent to request a refund check.
18. What happens if a policy or policies are removed from Account Bill?
When removed from Account Bill, billing for the individual policy will resume under the pre- existing payment plan. For policies that are removed for non-payment of premium, this may result in a large minimum premium payment due on a Cancellation Notice.
19. I am currently an EFT customer, what changes should I expect?
By enrolling in Account Bill you will have only one EFT withdrawal taken for all policies on Account Bill. The reference on your bank statement will be your Account Bill number. The number of installments will be reduced, making your monthly premium payment higher. You will have the option of selecting your due date.
20. Can my agent enroll me in Account Bill?
You can contact your agent for enrollment or other policy changes.
21. Can I use the Automated Billing Inquiry System? Yes, just use the individual policy number and not the Account Bill number. The billing and payment information provided is on the individual policy level.
Page 1 of 3 POEE1012
PATRONS OXFORD INSURANCE COMPANY AUTO ENHANCEMENT ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
Subject to all the provisions of the policy, except where changed by this endorsemen,t the company agrees that the following coverages and extensions of coverage are provided when the Declarations page(s) indicate that an additional premium for this endorsement has been applied to that vehicle.
These coverages and extensions of coverage apply to your auto only if the Declaration Page indicates Part D Coverage For Damage To Your Auto, "Collision" and Other Than "Collision" Coverage apply to that vehicle.
I. Additional Substitute Transportation Coverage-
In the event of a covered loss, we will pay:
1. An additional $10 limit per day; and 2. An additional $300 to the maximum limit available.
All other provisions of Part D Coverage For Damage To Your Auto, Transportation Expenses apply unless modified above.
II. Other Than Collision Glass Deductible Waiver
We will pay under Other Than Collision Coverage for the cost of repairing or replacing damaged safety glass on "your covered auto" without a deductible.
Ill. Reduced Collision Deductible Reward
The reduction in the deductible will be $100 for each policy term free of at fault accidents up to a maximum of $500.
1. The deductible begins to reduce upon the first renewal after purchasing this enhancement endorsement with Patrons.
2. The deductible continues to reduce until the first renewal after an at-fault accident occurs, or $500 is reached.
3. The deductible on the renewal term after an at-fault accident occurs reverts back to the original policy deductible.
4. The reduction starts over after the policy is free of any at-fault accidents for a complete twelve-month term.
IV. Replacement Cost Coverage For New Vehicles
In the event of a covered "Collision" or other than "Collision" loss to "your covered auto" under Part D - Coverage For Damage To Your Auto:
A. We will, at our option, pay the lesser of:
1. The amount necessary to repair the damaged auto without any deduction for depreciation; or, 2. The amount to replace your auto with a new and unused auto of the equivalent model year or later and of
the same make, model, and equipment; or, 3. The Manufacturer's Suggested Retail Price for a new and unused auto of the equivalent model year or
later and of the same make, model, and equipment, or 4. 120% of the actual cash value of the auto at the time of loss.
B. Our payment for loss will be reduced by the applicable Deductible shown in the Declaration unless reduced or
waived by this endorsement.
C. This coverage applies only if your vehicle has been declared a total loss by us and the loss occurs within 24 months from the date of lease or purchase or 20,000 miles, whichever occurs first,
Page 2 of 3 POEE1012
V. Accidental Discharge of Air Bag Coverage We will pay the cost to repair or restore an airbag that accidentally discharges , without the auto being in an accident. However, if you are entitled by other insurance or warranty for the cost to repair or restore the airbag, we will pay only the cost not covered by the other insurance or warranty. No deductible applies to this coverage.
VI. Mechanical Parts Replacement Cost Coverage
We will pay to replace any damaged mechanical non-body related part, which cannot be repaired, without a deduction for depreciation. The damage must involve an auto described on the Declaration. The damage must
1. Arise from a covered loss under Part D Coverage For Damage To Your Auto. 2. Occur to an auto:
a. with less than 50,000 miles; and b. that is no more than 10 model years old.
All other provisions of Part D Coverage For Damage To Your Auto, Collision and Other Than Collision Coverage apply.
VII. Pet Coverage
We will pay up to $500 for reasonable and customary veterinarian bills for injury or death to your cat or dog if the pet is injured in an accident involving a vehicle covered by this endorsement.
1. No deductible applies to this coverage. 2. $500 is the most we will pay for any accident or collision regardless of the number of pets.
VIII. Personal Effects Coverage
We will pay replacement cost up to $250 for loss or damage to personal effects (such as sunglasses, clothing, phone) resulting from an accident.
1. The personal effects must be owned by you or a household member and be contained in a covered auto. 2. Coverage is primary over any other collectable insurance. 3. The accident results in a loss payment that exceeds any applicable deductible.
IX. Trip Interruption Coverage
We will pay, without application of a deductible, up to a maximum limit of $600 for reasonable:
1. Transportation expenses incurred by you in the event of a mechanical or electrical breakdown of "your covered auto".
2. Expenses incurred by you for lodging and meals in the event of: a. Direct and accidental loss to "your covered auto" caused by "collision" or other than
"collision", or b. Mechanical or electrical breakdown of "your covered auto".
This coverage applies only if:
1. The loss to, or mechanical or electrical breakdown of, "your covered auto" occurs more than
100 miles from home; and 2. The "your covered auto" is withdrawn from use for at least 24 hours.
Page 3 of 3 POEE1012
Limit of Liability
A. Our payment for Trip Interruption Coverage will be limited to that period of time reasonably required to:
1. Resume travel under a prearranged itinerary; or
2. Return home. B. No one will be entitled to receive duplicate payments for the same elements of loss under this
coverage and Part D of the policy.
Other Sources of Recovery
Any insurance we provide with respect to Trip Interruption Coverage shall be excess over any other collectible source of recovery including but not limited to:
A. Any coverage provided by:
1. Vehicle warranties; 2. Automobile clubs; or 3. Mechanical breakdown or similar plans; or
B. Any other source of recovery applicable to the loss.
